The Federal Prison Service confirmed this information. Kungaev family attorney, Stanislav Markelov, commented on this information for PRIMA-News.
On December 24, 2008, the Dimitrovgradsky City Court released Yuri Budanov on parole. In the final days of December, Markelov submitted a writ of appeal to the court on their decision. On January 12, 2009 the release was postponed and on January 15, Markelov sent the court the complete text of the appeal. While the writ of appeal was being examined, Budanov was supposed to remain in the prison colony where he was serving a sentence for Elza Kungaeva's murder.

The Dimitrovgradsky Court learned of Yuri Budanov’s release after the fact, Stanislav Markelov noted. He intended, on January 15, to file a petition for information as to who made the decision to free Budanov. Those who released the criminal from the prison colony spat on the law, and the procuratorship in this case was irresponsible, stated Markelov. A criminal complaint must be filed against those responsible for exceeding official authority, the attorney emphasized.