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Business Duty Officer

Labor pressure. Lawyer Ekaterina Avdeeva - about, why it is necessary to change the criminal practice in relation to business

Labor pressure. Lawyer Ekaterina Avdeeva - about, why it is necessary to change the criminal practice in relation to business

Consolidation of society and power, as well as the proactive position of the business itself will lead to the transformation of the geopolitical risks facing the country into prospects for the economy. “Now is not only the time for new challenges, but also new opportunities. A huge role will be played by private initiative – small and medium-sized businesses”, - Russian President Vladimir Putin said in a message to the Federal Assembly.

The government is consistently working to create a comfortable business climate: regulatory guillotine, moratorium on inspections, involvement of the prosecutor's office in the protection of entrepreneurs. It was thanks to the support of small businesses that the collapse of the economy was avoided., stressed the head of state.

Fixed changes raise the question of the ideological and practical reorientation of business to achieve global goals: maintaining the domestic economy, development of import substitution, new technologies and productions. key, from the point of view of the further trajectory, issues of reforming legislation and control and supervisory activities.

Criminal law should not be perceived as a universal tool for influencing business or an objectionable opponent. “Freedom of enterprise is an essential element of economic sovereignty. […] There's no point in going overboard", the president said.

Reasonable liberalization of the criminal and criminal procedure codes, as well as the revision of economic structures in the legislation can ensure the protection of the interests of socially significant initiatives, social projects, technological developments and companies, focused on import substitution. And this is not about "indulgences" for business, about guarantees in criminal proceedings, on an unconditional compromise between public and private interests in the economic sphere.

Traditionally, force and administrative pressure are identified as obstacles to entrepreneurship., as well as three blocks of problems when interacting with law enforcement agencies: organizational, procedural and qualification.

The first block is associated with insufficient coordination of the human rights functions of bodies and organizations. Often criminal cases are initiated prematurely, and on disputes, borderline with civil law. At the same time, reality is the seizure of documents and property, inspection, detention. It catches up with the entrepreneur already at the stage of preliminary investigation, leading to bankruptcy of companies, decrease in budget revenues and loss of jobs by thousands of people.

In many ways, business protection measures are already integrated into the system, and the problem lies in law enforcement practice. For iexample, business crimes are often not recognized as such, and consequently, Defendants are not subject to restrictions. 1.1 Art. 108 Code of Criminal Procedure (they are placed in jail, although they shouldn't). Besides, seized documents and equipment are stored without procedural status, not returned to owner, not sent for examination.

Qualification issues are closely related to organizational and procedural. I will give an example: in art. 159 CC RF ("Fraud") there are parts 5–7, which are provided directly for entrepreneurs. However, according to statistics, they are extremely rare. Usually, businessmen are involved in general criminal units. Thus, the owner of the company is deprived of the opportunity to compensate for the damage, pay a double fine and be released from criminal punishment, and the state receives less budget revenues.

Business associations already provide a dialogue between entrepreneurs and authorities, having a positive effect on reducing administrative and power pressure. And it's important to continue this work.. In particular, among the priority measures, it is necessary to consider the protection of business from illegal actions by clearly applied criminal law. When investigating cases, it is necessary to observe those legal guarantees, provided for this category of persons.

We are also in favor of including the protection of the rights of entrepreneurs in the criminal law policy.. This will allow us to assess the proposed adjustments in a comprehensive manner., taking into account the delayed legal and economic consequences. Among them is the extreme budgetary strain., an increase in the number of unscrupulous players and a surge in criminal acts in new areas. And that means, that rational liberalization can be combined with the tightening of certain norms, which are aimed at protecting real business - as in the case of liability for the organizers of sites for the indiscriminate sale of "paper" VAT.

The author is the head of the expert center for criminal law policy and the execution of judicial acts of "Business Russia", project ambassador “Business Duty Officer”

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