Постановление Европейского суда по правам человека от 29.04.2010 «Дело Юрий Яковлев (Yuriy Yakovlev) против России» [англ.]

s were to be approved in return for large sums of money, representing a certain percent of a subvention sum given to them or their intermediaries.
When the Federal Fund received requests from regional funds with which indicated agreements had been reached, [the applicant], Mr T. and Ms K., abusing their official position, personally indicated, in drafts of documents prepared for provision of subventions upon the received requests, the amount of a subvention which had to be paid to the regional funds.
Following subsequent examination of the requests in the Federal Fund, [the applicant], being a member of the "Commission of the Federal Fund...", ensured, by agreement with other participants of the crimes, the successful examination of [the requests].
When money was received as bribes, [the applicant], Ms K. and Mr T. divided it between members of the organised [criminal] group.
...
In 2005 - 06, having [organised the criminal group] to commit crimes together and having divided roles between them, the above-mentioned persons, abusing their official positions, received bribes of more than twelve million roubles from officials of regional funds, representatives of pharmaceutical and other legal entities, which were interested in regularly receiving subventions from the centralised resources of the Federal Fund, [the bribes] were divided between the members of the organised group.
...
In 2005 - 06 Ms K., in her office in Moscow..., on a number of occasions received in total 1,500,000 roubles from a Mr K. as a bribe. That sum was divided between Mr T., Ms K., [the applicant]...
On 24 November 2006 a senior investigator of the Prosecutor General's office... received the criminal case file and on the same day a measure of restraint in the form of a written undertaking to attend [investigative arrangements] was chosen in respect of [the applicant].
On 3 July 2007, at 2.27 p.m., [the applicant] was arrested in compliance with the requirements of Articles 91 and 92 of the Russian Code of Criminal Procedure as a person suspected of an offence under Article 290 § 4 (a), (d) of the Russian Criminal Code and on 4 July 2007, at 11.20 a.m., he was questioned in that capacity.
...
The investigating authorities ask for an authorisation of [the applicant's] detention, asserting that other measures of restraint... would not correspond to the interests of the investigation.
...
[The applicant's] lawyer stated that [the applicant's] poor state of health does not permit him to be detained.
[The applicant] has no intention of absconding from the investigation or trial, [he] is a Russian citizen, he is registered in Moscow, [he] is at the pre-retirement stage, [he] is a law-abiding citizen and he presented himself to the Prosecutor General's office whenever summoned, [he] is only characterised positively, that is why he asks the court to dismiss the investigator's request for his arrest and to apply another measure of restraint, in the form of bail.
...
Having examined and analysed the presented materials, the court considers that the application for the arrest should be accepted for the following reasons.
The criminal case was opened by the competent official on the basis of sufficient reasons. [The applicant] was arrested in accordance with the requirements of Articles 91 and 92 of the Russian Code of Criminal Procedure.
The [arrest] application is drawn up in accordance with criminal procedural norms and is presented to the court on an order from the competent prosecutor within the time-limit established by law. The materials presented to the court attest to the fact that [the applicant] was arrested lawfully on suspicion of a criminal offence.
While examining the issue of the application of the measure of restraint in the form of det



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