The top Moscow court will hear an appeal Friday by Russian prosecutors against a ruling by a lower tribunal that fraud charges against media tycoon Vladimir Gusinsky were illegal, Interfax reported.
Gusinsky, a prominent Kremlin critic whose Media-MOST empire is the biggest independent media group in Russia, is in Spain awaiting a Madrid decision on whether to extradite him to Russia for trial.
Alexander Gorbunov, head of the serious crimes department at the general prosecutor's office, told Interfax news agency that prosecutors maintained the ruling was "unfounded" because the court had exceeded its powers.
Under Russian law, according to Gorbunov, it is only once court proceedings have begun that defense lawyers can appeal to the tribunal hearing the case against the initiation of criminal proceedings.
Gusinsky is accused of embezzling more than 300 million dollars from the Gazprom natural gas monopoly, which is Media-MOST's largest shareholder and creditor.
His supporters argue the case against him is politically motivated.
Media-MOST, which owns NTV, the only nationwide television station in Russia, has been a constant critic of President Vladimir Putin's year-old administration.
Late last month, a Moscow municipal court ruled that prosecutors had no basis to charge Gusinsky with embezzlement because they had no evidence proving the tycoon was avoiding paying off his debts.
Media-MOST and Gazprom last month agreed to a debt-for-shares swap that has temporarily solved Gusinsky's debts to the state-dominated natural gas giant.
Sevodnya newspaper, which is part of Gusinsky's empire, reported Saturday that Putin had signed a decree the day before appointing a new president of the top Moscow court due to hear the case this week.
"The authorities want the (municipal) court verdict to be annulled before they start to hear the 'Gusinsky' case in Spain," it wrote -- MOSCOW (AFP)
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