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Business Duty Officer

Business once again relieved of excessive pressure

Business once again relieved of excessive pressure

published on the Kremlin website list of instructions following the results of the plenary session of the congress and the meeting with members of the bureau of the all-Russian public organization "Russian Union of Industrialists and Entrepreneurs", held 16 March this year. One of the instructions is to submit proposals to reduce excessive pressure on business.

RSPP must do this before 1 June. We are talking about making changes to the criminal and criminal procedural legislation in the economic sphere., providing for the reduction of excessive pressure on business. The head of the organization Alexander Shokhin was appointed responsible for the implementation of the order.

The topic is not new.: Back in February, in an address to the Federal Assembly, the President stated, that it is necessary to revise the norms of the Criminal Code and decriminalize a number of economic crimes.

“It was private business against the background of external attempts to contain Russia that proved, able to adapt to rapidly changing market conditions", Vladimir Putin says.

And already in March, the RSPP presented a package of measures to reduce criminal and administrative pressure on business. In him, reports RBC, it was proposed to decriminalize violations under ten articles of the Criminal Code, business related, and increase the amount of large and especially large damages for a number of economic crimes.

According to the RSPP, some of these articles are outdated or liability for them is already provided for in the Code of Administrative Offenses, and other violations are not so dangerous, to be punished. Among the articles, proposed to be decriminalized, - articles on illegal business (Art. 171), violation of the rules for the emission of pollutants into the atmosphere (h. 1 Art. 251), illegal use of an invention or utility model (h. 1 Art. 147) and others.

Reduced liability in exchange for higher taxes

Absolutely obvious, notes the senior managing partner of the law firm PG Partners Petr Gusyatnikov, that now the state wants to develop new support measures for business development in the country. Related to this is the intention to mitigate criminal prosecution of businesses for crimes in the economic sphere.. More likely, criminal liability in some cases will be replaced by penalties. Probably, after 1 June, we will see relief. Who and to what extent will they affect?, so far it's hard to say.

“Meanwhile, the state is also thinking about, how to increase the tax burden on business. That is, one compensates for the other, says the lawyer.

For business, This, undoubtedly, positive trend, But how it will work in practice - time will tell., considers Gusyatnikov. For some, the possibility of criminal prosecution acted as a deterrent. According to the expert, thanks to this, we were able to come to that, what do we have now. And now we have a truly legal state. There are nuances, but in general the law is respected. On the other hand, nothing prevents the return of criminal prosecution, if the situation deteriorates in terms of compliance with the law.

There are initiatives, offers are weighed

Reforming criminal and criminal procedure legislation is fully in line with trends, set by the president, considers the ambassador “business officer” Ekaterina Avdeeva. However, despite , that the declared system will help reduce excessive pressure on business, a serious comprehensive assessment is needed, taking into account, one side, balance of private and public interests and, on the other hand, potential consequences in the deferred period - as economic, and legal.

"Initiatives, worked out to date in our expert center are balanced proposals without bias in any direction. They will help increase economic security and the attractiveness of entrepreneurship, as well as bringing relevant legislation in line with economic and geopolitical realities”, the expert says.

First of all, considers Avdeev, it is worth paying attention to the issues of raising the threshold values ​​for determining the amount of damage from economic crimes. If the tax composition thresholds were raised three times back in 2020 year, today there is an acute problem of determining large and especially large damage under Article 159 of the Criminal Code of the Russian Federation, most often imputed to business entities. The amounts that determine the thresholds have a certain amount of archaism and require mandatory revision. Raising the thresholds is also relevant for some other articles in the field of entrepreneurial activity, in particular, Art. 160 CC RF.

With a comprehensive adjustment of the Criminal Code of the Russian Federation and the Code of Criminal Procedure of the Russian Federation, it is necessary to pay attention to the epicenter of the problem, to its source. It's about, for example, on the choice of a measure of restraint in the form of detention. Searching for a universal formulation for more than 10 years of existence of the norm did not give the expected results. Therefore, the proposal of "Business Russia" - to single out separate special trains - seems more appropriate, expert believes.

Many issues of law enforcement lie rather in the plane of procedures, I'm sure Avdeeva. So, consideration should be given to extending the duration of the pre-investigation check, which will contribute to a more complete analysis and the adoption of more balanced procedural decisions in the event of the presence of certain expertise. In terms of organizational changes, it is advisable to improve the mechanisms for summoning for interrogation.

The experts also expressed the need to refuse to initiate criminal proceedings in the event of, if customs payments have been paid in full.

"Thus, this is just a part of the results presented on the comprehensively prepared initiatives of the Expert Center for changing criminal and criminal procedure legislation. It is also important to take into account, what solutions, related to procedural aspects, may not fall within the scope of the Code of Criminal Procedure of the Russian Federation, but to demand the involvement of organizational, structural and qualification changes”, - concludes Ekaterina Avdeeva.

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