From code to penal colony: The developer of EIIS "Sotsstrakh" was sentenced to 7 years for fraud

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Nikolai Evdokimov, according to investigators, caused hundreds of millions of rubles ' worth of damage to the FSS.

According to Kommersant, Nikolai Evdokimov, one of the main IT specialists of the Social Insurance Fund (FSS) of Russia, who participated in the development and creation of the unified Integrated information system (UIS) Sotsstrakh, will spend seven years in a penal colony. The investigation claims that after being dismissed from the fund, the programmer registered the rights to 46 subsystems of NIIS for his organization, which, in their opinion, led to damage of hundreds of millions of rubles for the FSS. Nikolay Evdokimov refuses to admit his guilt, and his defense claims that the rights to the results of intellectual activity cannot be the subject of theft.

The trial of 55-year-old Nikolai Evdokimov, accused of especially large-scale fraud (part 4 of Article 159 of the Criminal Code of the Russian Federation), was considered in the Dorogomilovsky district Court of Moscow from the end of the previous year.

Since February 2003, Nikolay Evdokimov has held senior positions in the FSS for six years. His career began as Deputy Head of the Software Department of the Information Support Department, and ended as Deputy Head of the Information Technology Operation and Maintenance Department.

At the same time, before joining the FSS and after his dismissal from it, Evdokimov was the general director of Open Information Technologies LLC (later Nist), the developer organization of the EIIS Sotsstrakh. One of the key areas of work of the IT specialist was the installation, maintenance and maintenance of general-use programs and EIIS subsystems in the FSS.

According to some sources, having access to the source codes of Sotsstrakh and being a programmer by profession, he could make any changes to the system, which it was almost impossible for other employees of the fund to identify.

In 2014, Evdokimov registered with Nist the exclusive rights to the programs of the EIIS subsystem. According to experts, the damage caused by this action ranged from 213 to 310 million rubles. The FSS filed a civil claim for damages against Evdokimov demanding the arrest of all programs registered on his company and invalidating the state registration of computer programs — 46 subsystems of the EIIS Sotsstrakh.

Evdokimov remained at his position during the investigation and trial - he pleaded not guilty. Nevertheless, the court decided that participation in fraud was confirmed by the evidence provided, and sentenced him to seven years in prison, and also imposed a fine of 500 thousand rubles. He was also banned from holding positions related to organizational and administrative functions for two years. Evdokimov was arrested right in the courtroom and taken into custody in a pre-trial detention center.

Lawyer Maria Zazirnaya, representing the interests of Evdokimov, considers " the verdict contrary to the law and common sense." It points to the fact that for nine years the FSS of the Russian Federation has been disposing of the exclusive rights that it does not have to programs included in the EIIS "Sotsstrakh", by entering into license agreements with performers under state contracts for the modernization of the EIIS. "That is, it commits a multibillion-dollar unjustified expenditure of budget funds," Zazirnaya stressed. She also recalled that back in 2018, the same Dorogomilovsky court decided to return the criminal case to the prosecutor, including due to the lack of a description in the prosecution of what was stolen from the victim and how. At the same time, a reference was made to the decision of the arbitration court of 2014 that the FSS of the Russian Federation is the copyright holder of programs, despite their registration in the Rospatent register for another person.

"As long as this decision of the arbitration court is not canceled, it cannot be recognized that the FSS of the Russian Federation has lost the rights to the programs," the lawyer believes.

The lawyer is convinced that the exclusive rights to the results of intellectual property cannot be subject to theft. "Therefore, this verdict is an example of ignoring the law," the lawyer concluded.

Nikolai Evdokimov is not the first high-ranking employee of the Federal Tax Service of the Russian Federation who was brought to criminal responsibility for stealing the rights to the fund's programs. As it is known from the publication "Kommersant", Sergey Kovalevsky, a former adviser to the head of the FSS of the Russian Federation and then deputy chairman responsible for informatization of the department and supervision of the activities of Nikolai Evdokimov, was also charged with abuse of authority and attempted fraud (Articles 285 and 159 of the Criminal Code). The charges against Kovalevsky came to light in 2013, and a legal dispute between the Foundation and Kovalevsky has since begun. As a result, the FSS won the dispute in arbitration in 2014-2015. Disputes were related to the digitization of the fund and the creation of the Social Insurance system. Kovalevsky took over the rights to use the system in 2005, but at the same time concealed from the FSS and Rospatent that the system's algorithm was patented back in 1991. According to the FSB investigation, Kovalevsky managed to get about 3.7 billion rubles of budget funds, and after his dismissal, he tried, but unsuccessfully, to get another 1.7 billion. Kovalevsky pleaded guilty to abuse, and the case was dismissed due to the expiration of the statute of limitations. He did not hear the court's decision on the second charge, as he died suddenly in the spring of this year.
 
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