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Business Duty Officer

Business supported proposals to mitigate punishment for some economic crimes.

Business supported proposals to mitigate punishment for some economic crimes.

Business associations support the proposals of the Russian government to liberalize liability for certain economic crimes. TASS was told about this in the Chamber of Commerce and Industry (CCI), “Business Russia” and “Support of Russia”, as well as Commissioner for the Protection of the Rights of Entrepreneurs Boris Titov.

Earlier, the government submitted a bill to the State Duma, which offers, in particular, reduce the maximum terms of imprisonment for tax evasion and a number of other tax crimes. The document provides for the abolition of criminal prosecution for certain tax crimes in the event of full payment of arrears, penalties and fines.

“We support the bill <…>, submitted by the government of the Russian Federation to the State Duma, which involves the abolition of criminal prosecution for certain tax crimes in the event of full payment of arrears, penalties and fines, as well as reducing the maximum terms of imprisonment for tax evasion and a number of other tax crimes. Termination of criminal cases under economic articles in case of compensation for damage will allow to keep the work of enterprises”, – Sergey Katyrin, president of the Russian Chamber of Commerce and Industry, told.

According to him, if the case has already been filed, then this allows you to apply measures of procedural coercion to a businessman: freeze accounts, property, arrest, take into custody pending trial. All this in most cases leads to the suspension of the enterprise., and sometimes business liquidation.

“That, that tax crimes will no longer be classified as serious, entails not only direct, but also indirect consequences.. Namely, a significant change in the rights of the convict when considering issues, related to the execution of the sentence (deadlines for applying for parole, replacement of the unserved part of the punishment with a milder type of punishment, exemption from punishment due to a change in the situation, the right to amnesty and others)”, – explained Titov in the Telegram channel.

“The bill is aimed at stabilizing the internal economic balance of public and private interests. Reasonable liberalization of economic articles of the Criminal Code of the Russian Federation is based on several criteria: it is important to foresee random errors, the possibility of applying financial punishment to persons who stumble for the first time, degree of public danger”, – noted the head of the expert center for criminal law policy and the execution of judicial acts “Business Russia”, project ambassador “Business Duty Officer” Ekaterina Avdeeva.

What else is missing in business

According to Titov, law enforcement practice shows, that it is necessary to distinguish as clearly as possible between tax offenses and tax evasion abuses. The business ombudsman also suggested adding a note to the Criminal Code of the Russian Federation for tax crimes, which would fix the obligation of the investigation to determine the amount of the arrears, taking into account the actual amount of the taxpayer's expenses. It is on the amount of damage that the very criminalization of the act depends in the first place., and his subsequent qualification, specified Titov.

Expert center “Business Russia” it is proposed to allocate special compositions in order to, in order to concretize and more precisely resolve the issues of imputation to the entrepreneur “fraud”, noted Avdeeva.

According to her, considerable criticism is caused by ignoring the entrepreneurial orientation in the qualification and investigation of cases. “It's about the lack of guarantees., which are provided by the legislator for this category of persons, and non-recognition of entrepreneurial structures as such. Obviously, that today the use by an entrepreneur of software without a license due to its non-receipt or acquisition out of time should not collide a real business with a harsh criminal law reality. At the same time, the social danger of another common case is indicative., when a person systematically carries out its activities without forming a legal entity, avoiding paying taxes to the budget and creating prerequisites for unhealthy competition”, – added Avdeeva.

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