The family drama involving Russian businesswoman Olga Mirimskaya, CEO of the Golden Crown payment system Nikolai Smirnov and professional surrogate mother Svetlana Bezpyataya from Crimea is over thanks to a decision of the Cypriot court.
Photo: Svetlana Bezpyataya, search form, interpol.int
According to his decision, charges against Olga Mirimskaya for falsifying documents on the provision of surrogacy services were dropped due to the absence of a crime.
Thus, Olga Mirimskaya is officially recognized as the legal mother of the new born girl. One problem remains: the whereabouts of Sofia, Mirimskaya's daughter, have not yet been established. Presumably, the baby is in Cyprus, Olga Mirimskaya’s defenders are searching, as told by the biological mother’s lawyer Alexander Chernov.
Pravda.Ru followed the development of events from the very beginning of this intricate story, the plot of which could well serve as the basis for an action-packed serial film.
The first episode begins with the seemingly happily married chairman of the board of directors of BKF bank Olga Mirimskaya and her wealthy husband Nikolai Smirnov deciding to have a child.
They used the services of a reproduction clinic, turning to the Moscow DeltaMedClinic, where the spouses were offered a resident of Crimea, Svetlana Bezpyataya, to play the role of a surrogate mother. She had already carried children for married couples four times and had a positive reputation.
The woman agreed to help a couple of businessmen have a child, after which a contract was concluded and all medical and legal procedures were carried out. The Crimean woman was in dire need of funds; due to her age, this was her last surrogate pregnancy, and her unemployed husband could not provide for either her or their fifteen-year-old daughter.
Time passed, everyone was preparing for the birth of the child, and they chose a name for the expected daughter - Sofia. But unexpectedly, the marriage of Olga Mirimskaya and Nikolai Smirnov cracked, and they separated.
Svetlana Bezpyataya, meanwhile, was preparing for childbirth. According to the media, it was Nikolai Smirnov who suggested that the surrogate mother not give her daughter to Mirimskaya. As Komsomolskaya Pravda reports, citing the investigation materials, a few days before giving birth, the Crimean woman disappeared from the clinic, and subsequently registered the born girl in her name. Svetlana Bezpyataya named her husband Andrey as the father of the child.
Bezpyataya voiced the same version to the stunned biological mother Olga Mirimskaya, refusing to return the girl to her and not recognizing the fact of the conclusion of the contract.
Later, the new mother quickly issued a foreign passport for her newborn girl and immediately left the territory of Russia.
The setting for the second part of the drama is Cyprus, where a physiological mother has flown with her newborn. According to information from the press, there she met Nikolai Smirnov and handed over the girl to him, in return receiving a large reward (according to Komsomolskaya Pravda, Bezpyataya received at least 800 thousand rubles). At the same time, she had previously received a kind of fee for the surrogacy service, so in total the woman could earn more than two million rubles from the family drama.
Nikolai Smirnov, as payment for receiving his child, provided the Bezpyat family with accommodation in luxury apartments, food, clothing, and paid for the education of their fifteen-year-old daughter in the best private school Cyprus, provided expensive car- Mercedes.
The fact of “transferring the child to third parties” and receiving money for it law enforcement agencies later interpreted as “human trafficking” and a criminal case was opened against Bezpyataya.
However, this is not the only article for which Svetlana Bezpyataya is currently being sought by law enforcement officers in Russia and Cyprus, as well as Interpol officers.
But let's go back a little. After the refusal to return the child, litigation began. Bezpyataya proved in Russian and Cypriot courts that she is the only mother of the girl Sonya and that she did not sign any contracts for the provision of surrogacy services.
During the proceedings, a genetic examination was carried out, which did not establish any blood connection between Bezpyata, her husband and newborn child. The series of lawsuits and tricks by Bezpyata and ex-husband Mirimskaya Smirnov did not stop, but the defenders of the genetic mother were able to win all the cases.
For example, Bezpyataya filed a lawsuit against the medical clinic in the Tagansky Court, demanding to recognize her as the legal mother of the child. The trial took place without the participation of Olga Mirimskaya’s defense.
“Having considered the case without our participation and, therefore, without receiving any evidence, the court considered the contract for the provision of services to a surrogate mother invalid,” Olga’s lawyer Alexander Chernov later said. “We protested this decision, and the Moscow City Court canceled it as illegal and unfounded.”
The cassation instance of the Moscow City Court confirmed the decision of the appellate instance.
But Bezpyataya used the first decision of the Tagansky court, while hiding the fact of its cancellation, in the Cypriot court, where she filed a private accusation against Olga Mirimskaya. However, this trial also ended in favor of the deceived biological mother: the Cypriot court acquitted Olga Mirimskaya and decided to return her daughter to her.
Bezpyataya went on the run, law enforcement officers of two countries, together with Interpol, are looking for her, intending to charge her with fraud and human trafficking. Mirimskaya's lawyers, meanwhile, are looking for the main participant in the drama - little Sonechka.
And recently, the Supreme Court of Russia protected the rights of the child’s genetic mother. According to the Russian Agency of Legal and Judicial Information (RAPSI), the Supreme Court of the Russian Federation refused to consider the surrogate mother Svetlana Bezpyataya’s appeal against previous decisions of Russian courts.
This puts an end to a complex legal proceeding that may become a precedent in establishing the rights of genetic mothers.
Especially funny against the backdrop of events in the Russian Federation and Cyprus is Mr. Solovyov’s attempt to live radio channel "VESTI-FM" with the participation of the notorious and convicted blogger Oleg Lurie and Bezpyatya's representative to tell a fake story about Bezpyataya, a fugitive from justice, and a sperm donor who donated his material for a Crimean woman and her unemployed husband.
By the way, the broadcaster named Mirimskaya’s ex-husband, large businessman Nikolai Smirnov, as the donor of the biomaterial. What made Smirnov become a donor for this woman, a professional surrogate mother, and how the Crimean woman’s husband reacted to this, the broadcast participants did not explain.
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The other day I read a pretentious article about what was brought to clean water thief and human trafficker Svetlana Bespyatova.
Who did she steal? The girl she carried and gave birth to.
Svetlana Bezpyatova is a surrogate mother. This was her fourth birth for strangers. She lives in Crimea, she has a husband and a 15-year-old daughter.
This time the child was ordered by businesswoman Olga Mirimskaya and general director of the Golden Crown payment system Nikolai Smirnov.
Olga Mirimskaya - daughter Soviet aircraft designer, she was born in 1963 in the city of Zhukovsk, Moscow region. In 1985 she graduated from the Moscow Institute of National Economy. Plekhanov.
After receiving an MBA degree in the USA in 1993, she came to Menatep Bank, where her husband Alexey Golubovich already worked.
At that time, privatization was underway and the bank bought various assets for pennies, including food enterprises (experimental plant of food concentrates "Colossus", Moscow food plant, Detchinsky plant of vegetable concentrates), which were then contributed to the capital of JSC "Russian Product" (owned brands “Moscow Potato”, “Hercules”, etc.).
In 2000, Mirimskaya and her managers bought controlling interest company shares. Today she is the chairman of the board of directors of BKF bank. She divorced the former director of strategic planning and corporate finance of YUKOS, Alexei Golubovich. She is also considered a friend of Khodorkovsky.
Several years ago, Mirimskaya sued Golubovich for the right to own a mansion on the banks of the Thames worth $10 million. Then British journalists who followed the process wrote that the ex-spouses “became the first foreign dynasty, two generations of which turned to the English courts for help in divorce proceedings.” A little earlier, their son Ilya sued his ex-wife in London, who eventually received $4.5 million from the oligarch’s heir.
Another incident that was widely reported in the foreign press involved a ring worth $3.6 million. Having received jewelry from D&M Capital Group during her visit to London, the businesswoman did not pay for it, but hastily returned to Moscow. The head of the jewelry company had to come to Moscow in person, but even then he was not able to get his money back right away
Mirimskaya has three children
Nikolay Smirnov is a US citizen. He is the Chairman of the Board of Directors of the Zolotaya Korona payment system, and was the Chairman of the Board of the National Payment Council Association.
I wonder how many years younger he is than his wife?
Mirimskaya could no longer become a mother for the fourth time - she had to resort to surrogacy. And she lent me an egg own daughter. (http://www.compromat.ru/page_36753.htm)
While the surrogate mother was carrying the child, the couple quarreled and divorced.
Next, Smirnov persuaded Bezpyataya to issue a birth certificate for the girl in his name and in the name of her husband and go with the child to Cyprus.
Next, he planned to deprive Bezpyatnaya of parental rights, as a bad mother (with her consent), and to prove his genetic relationship with the child himself, because he really is her father.
By Russian laws The mother of the child is the woman who gave birth to him. She receives a birth certificate, but she is registered at the registry office on the basis of this certificate and the surrogacy agreement with the consent of all parties.
Until now, in cases of disagreement between the surrogate mother and her clients, the courts have made decisions in favor of the woman who gave birth to the child.
In 2010, Zinaida Rakova entered into a surrogacy agreement with genetic parents from the Tula region. But after giving birth, she realized that she could not part with the child, and refused to give him to someone else’s family, registering the baby at the registry office as her own. The genetic parents filed a lawsuit. The protracted series of proceedings ended with a refusal verdict from the highest appellate body - the Constitutional Court - only in 2012.
Then the court stated that “the legally provided right of a surrogate mother to give consent to have her genetic parents recorded as her parents means that she has the opportunity to record herself as the child’s mother in the child’s birth certificate,... thereby stipulating for the woman who gave birth child, rights and responsibilities of the mother." In other words, from the point of view of the panel of the Constitutional Court, the surrogate mother is precisely the real mother.
In the case of Mirimskaya, all courts ruled in her favor. All this lasted 2 years.
At this time, Bezpyataya lived as a nanny for a girl in Cyprus, under the protection of bodyguards. Smirnov assigned her own daughter to study in Cyprus, Smirnov paid Bezpyataya herself 800 thousand rubles, and she received another 1 million 200 from Mirimskaya as a fee. However, the numbers need to be checked. Perhaps they include all services for IVF, pregnancy and childbirth support.
While the trials were ongoing, the situation changed several times. There was even a moment when the Cyprus court (and the proceedings took place in Moscow and Cyprus) wanted to arrest Mirimskaya for presenting a false surrogacy agreement.
Last fall, children's rights advocate Astakhov spoke out against Mirimskaya: “The decision is contrary to the law. First of all, it is contrary to the interests of the child who was born to this woman. She is the mother of this child. And, naturally, they cannot be separated. Therefore, I believe that the child should continue to live with the mother who gave birth to him,”- said Children's Ombudsman Pavel Astakhov. “This is nonsense of legal practice modern Russia when for a woman who is not even a donor biological material, that is, it was not her egg that was used, suddenly the court of first instance recognized maternity. Our legislation establishes the priority of the woman who carried and gave birth to a child,”- noted the Ombudsman.
They write that a representative of the medical institution in which the procedures necessary for surrogacy were allegedly carried out, as part of the process to invalidate the agreement, denied the fact that such an agreement had been concluded. And the doctor, allegedly mentioned in the contract, was found dead some time ago. The cause of death, as determined by experts, was “medication overdose.”
Now Bezpyataya is wanted by Interpol for human trafficking. But the girl is with her father, Smirnov, now in Kyiv, and I don’t know where Bespyataya is. There was a program where she told all this. She says she's tired of being the third wheel in a fight. ex-spouses. Journalists found it somewhere - I didn’t look?
The tone of articles in the media has changed to the opposite.
"There is scientific fact, confirmed by forensic examination: Svetlana Bezpyataya is not the biological mother of the born girl. The child is a stranger!. What are you talking about? What about adopted children? What about those women who carried a child themselves but used a donor egg? And even in surrogacy, customers often use donor biomaterial rather than their own.
The child is registered to the woman who gave birth to him - and goodbye.
“The Russian courts thoroughly examined all the circumstances and confirmed that Svetlana Bezpyataya, to call a spade a spade, is an impostor and has no rights to be called the girl’s mother, especially since the donor of the biomaterial, N. Smirnov, has no rights to the child.”, writes Komsomolskaya Pravda. These people are already completely crazy.
Smirnov is Mirimskaya’s former common-law husband, and not a “sperm donor.” What kind of meanness?
He has more rights in this story than Mirimskaya, because he is the biological father of the child, and she is just a grandmother. Then her daughter, the egg donor, should sue.
Why Smirnov did not immediately declare his rights as a father is what I do not understand in this story. Was the agreement concluded without his participation? And, in general, what’s with this agreement? Was he there or not? The head physician of the DeltaMedClinic clinic testified that there was no agreement on surrogacy. Compiled later? But this is already a violation.
And I don’t understand why Mirimskaya is considered the mother of the child, and he should be given to her? Because she entered into an agreement, i.e. did you pay money? Isn't this human trafficking? Why is Bespyataya accused of human trafficking?
All this is some kind of complete nonsense and hypocrisy. It turns out that the one who has the right more money, and nothing more.
And why are they so indifferent to Smirnov’s rights to his own child? He has been with the girl for 2 years and has sacrificed a lot to be with her. This is his own daughter. So why is he called a “sperm donor”? What disgusting! Any man then becomes a sperm donor for his children.
In the case of surrogacy, then both genetic parents are donors if they have germ cells suitable for the birth of an embryo. And the egg is no more important than the sperm.
But often the sperm is from the husband, and the egg is from a stranger. Sometimes it’s a complete stranger, sometimes it’s a sister or daughter.
Surrogacy turned everything upside down. Now it is completely impossible to understand who the child's parent is.
New concepts have appeared: “biological mother”, “surrogate mother”. We would also need a “donor mother”, “legal mother” and “mother-educator”.
And the father, by the way, remained a father. Although the concept of “biological father” has appeared, this is what they say about any father who does not recognize the child or is deprived of parental rights.
Who will be the mother for the child that a rich woman ordered from a company, and was given to her after 9 months, and he was conceived in a test tube from a donor egg and donor sperm? He will be fed by a nurse, and raised by nannies and tutors.
What will be this woman's maternal involvement as a mother? The fact that documents have been drawn up for her, and that she pays money to teachers? Is the mother the one who pays? Nonsense.
We need to go back to the beginning. A mother is the one who gave birth and/or raised. There is no need for surrogacy agreements. It is necessary to give the right of adoption in the event of abandonment of a child to those in whose favor this abandonment will be. Those. a woman carries a child for others, immediately abandons it, and the clients adopt it.
To avoid deception, you can draw up a loan agreement under the condition that the woman returns the money if she does not abandon the child.
Is there a risk? Eat. But he still exists. But there won’t be this schizophrenia with incomprehensible mothers: “surrogate”, “Biological”, “actual”, “legal”. Mother is mother. And period.
P.S. The Cassation Board of the Supreme Court upheld the complaint of Svetlana Bezpyataya, the mother of minor Sofia Bezpyataya, and overturned all previous decisions recognizing the banker’s maternal rights.
As Svetlana Bezpyataya’s lawyer told Pravo.ru, following today’s hearing, the Supreme Court upheld her complaint and overturned previous decisions in the case involving banker Olga Mirimskaya. According to lawyer Renat Kurbanov, the court agreed to annul the previous decisions and sent the case for review.
“This means that the mother of little Sofia, according to the law, is only Svetlana Bezpyataya, the woman who gave birth to the child. In this regard, we hope that investigative committee will follow logic Supreme Court and the letter of the law,” the defender told Pravo.ru.
Well, that's great! It was some kind of nonsense. That’s why yesterday articles appeared simultaneously in “KP”, “MK” and a television program where Mirimskaya’s correctness was defended.
MOSCOW, November 1 – RIA Novosti. The young daughter of the head of the BKF bank, Olga Mirimskaya, who was kidnapped a year and a half ago, was found and returned to Russia, the plane with the child landed in Moscow on Tuesday evening, the girl has already been handed over to her mother, RIA Novosti reported on Tuesday the executive secretary of the Presidential Human Rights Council (HRC) Yana Lantratova .
Earlier in June, the Main Investigative Directorate of the Russian Investigative Committee for the Moscow Region reported that investigators continue to look for the young daughter of the head of the BKF bank, Olga Mirimskaya, as part of a criminal case in which her former common-law husband Nikolai Smirnov and the child’s surrogate mother Svetlana Bezpyataya are suspects. A criminal case was opened under an article of the Criminal Code of the Russian Federation (“murder of a minor”), but the decision to initiate the case was canceled by the Deputy Prosecutor of the Moscow Region. This decision was appealed in June 2016 and declared illegal.
“We just met the plane at the airport on which Sonya arrived. The mother, finally, for the first time in a year and a half, picked up and hugged her child. I want to say thank you to everyone who helped us these one and a half years - the employees of the Investigative Committee, members of the Human Rights Council and personally its head Mikhail Fedotov, the team of the Union of Volunteers of Russia, special thanks to the one who always responds to requests for help - Ramzan Kadyrov, thanks to our entire team and thanks to Olga - for not giving up and enduring this test with honor. We won." , Lantratova said after the child was handed over to her mother at the airport.
Lawyer: the Cyprus court did not issue a warrant for the arrest of the Russian woman MirimskayaRussian woman Svetlana Bezpyatnaya previously filed an application with the court, accusing Olga Mirimskaya of forging an agreement for the provision of surrogacy services, after which the court allegedly issued a warrant for Mirimskaya’s arrest. The businesswoman's lawyer denied this information.“We managed to get the child transported to Istanbul; we negotiated with the Turkish police for three days. In addition, understanding the danger of the situation, Olga turned to the head of the Chechen Republic Ramzan Kadyrov, who ensured the safety and security of the mother and child,” the agency’s interlocutor clarified.
In March, a Cyprus court refused to recognize Bezpyataya’s request to recognize as fraudulent an agreement to provide services as a surrogate mother to bear a child for Mirimskaya and her common-law husband. Earlier it was reported that legal proceedings began after Mirimskaya broke up with Smirnov, and Bezpyataya stated that she did not enter into an agreement and the child was born to her in marriage.
Olga Mirimskaya, who in 2015 took 22nd place in the Forbes ranking richest women Russia, and her young daughter were recognized as victims in the case, the Investigative Committee added.
Apparently, the surrogate mother who took the newborn child of Russian businesswoman Olga Mirimskaya to Cyprus entered this country as a citizen of Ukraine, and she was probably helped in this by ex-husband Mirimskaya, who turned out to be a US citizen. In fact, this may be an additional obstacle to their return to their homeland at the request of Russian law enforcement agencies and further complicates the situation around the child, experts say.
Thus, the publication Channelru.ru obtained photos of the passports of both alleged participants in the “operation” to remove a newborn child from Russia secretly from his genetic mother.
Let us remember that the girl Sofia became a participant in a complex family drama even before her birth. When Olga Mirimskaya and the CEO of the Golden Crown payment system Nikolai Smirnov were still married, they decided to have a child using the surrogacy procedure. However, while their daughter was being carried by a “professional mother,” the marriage broke up and the relationship moved into a completely different plane.
According to media reports, “at the suggestion” of Smirnov, surrogate mother Svetlana Bezpyataya simply refused to give the child to Mirimskaya and stated that she had not entered into any agreement with anyone, and that the child was conceived by her herself from her husband Andrei. However, her statement was refuted by genetic testing, and the court, after proceedings in three instances, sided with Olga Mirimskaya. The businesswoman was considered a victim of fraudulent actions and was ordered to return the girl to her.
However, Bezpyataya and her child managed to go to Cyprus, where she is supposedly staying with Smirnov. The woman is wanted by Interpol, as well as law enforcement agencies of Russia and Cyprus.
As Komsomolskaya Pravda reports, citing the investigation materials, Svetlana Bezpyataya disappeared from the clinic a few days before giving birth, and registered the subsequently born child in her name. As stated in the decision to initiate a criminal case, “On May 18, 2015, Bezpyataya S.V. received a child’s birth certificate, indicating herself as the mother and her husband as the father. On May 21, she received a foreign passport for the child from the FMS. And on May 22, I took the newborn to Cyprus.” In Cyprus, according to the newspaper, citing documents from the Investigative Committee, Bezpyataya sold the newborn to N.A. Smirnov and members of his family, receiving at least 800 thousand rubles for this. Therefore, last fall, a criminal case was opened against the woman under the article “human trafficking.”
The newspaper also reports that Bezpyataya’s actions show signs of fraud: she received a total of about two million rubles for working as a “replacement” mother, but did not intend to fulfill the terms of the contract.
As observers note, it is paradoxical that in such a situation, the children's ombudsman of the Russian Federation, Pavel Astakhov, took the side of Bezpyataya, as reported by the media. In his interview, he emphasized the priority right to a child on the part of the woman who carried and gave birth to him. The position of the Russian Ombudsman seems especially strange to experts in light of the new circumstances revealed by the media. Both the surrogate mother Svetlana Bezpyataya and the general director of the Zolotaya Korona money transfer system Nikolai Smirnov, who took the Russian child to Cyprus, as it turns out, are, in fact, foreigners: one is a citizen of Ukraine, and the other is a US citizen.
Investigators are looking for financier Nikolai Smirnov and citizen Svetlana Bezpyataya, who kidnapped the child of the head of the BKF bank
investigative committee © Photo by Rosbalt news agency
The investigative bodies of the Main Investigative Directorate of the Investigative Committee of Russia for the Moscow Region are investigating a criminal case against Svetlana Bezpyataya, as well as other unidentified persons for the sale of a young child to the Chairman of the Board of Directors of the Golden Crown payment system Nikolai Smirnov (Part 2 of Article 127 of the Criminal Code of the Russian Federation and Part 4 of Article 159 of the Criminal Code of the Russian Federation). The press service of the department reports this.
According to information from the Main Investigations Directorate of the Investigative Committee of Russia for the Moscow region, the woman took the child out of the country and gave it to Smirnov, receiving a monetary reward for this.
“Since Bezpyatova and Smirnov are wanted, they were charged in absentia, and a preventive measure was chosen in the form of detention. The remaining accomplices in the crime are being identified. The minor's mother, Olga Mirimskaya, and the girl herself, Sofia Mirimskaya, were recognized as victims in the case. The child has been missing for more than three months and is being sought. Her whereabouts are currently unknown,” noted the Russian Investigative Committee.
Meanwhile, the media are reporting some details of this story.
So, writes LifeNews, it all started before Sofia was born. The Chairman of the Board of Directors of the BKF Bank Olga Mirimskaya and the Chairman of the Board of Directors of the Golden Crown Nikolai Smirnov decided to use the services of a surrogate mother Svetlana Bezpyataya when they were in civil marriage. During Svetlana’s pregnancy, the couple broke up, which Bezpyataya took advantage of. A little later, journalists clarify, the surrogate mother began to claim that the girl was her own child and decided to kidnap the baby, who is actually Mirimskaya’s own. Genetic tests showed that for Bezpyatya the child is a stranger. According to the latest data, Svetlana and Sofia entered the territory of Cyprus back in May 2015, after which they disappeared.
The Investigative Committee established that Bezpyataya agreed to sell the child to Nikolai Smirnov’s family for a large sum. Last fall, a criminal case was opened against the woman; she is accused of fraud and human trafficking, LifeNews clarifies. Now businessman Nikolai Smirnov has been charged in absentia under the same articles.