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Business Duty Officer

Ekaterina Avdeeva spoke about the prospects for leasing activities in Russia.

Ekaterina Avdeeva spoke about the prospects for leasing activities in Russia.

15 February Member of the General Council and Head of the Expert Center "Business Russia" on Criminal Law Policy and Execution of Judicial Acts, as well as project ambassador “Business Duty Officer” Ekaterina Avdeeva took part in the XIII All-Russian conference "Modern judicial practice of leasing". The meeting was moderated by the chairman of the RF CCI subcommittee on leasing Evgeny Tsarev.

In her speech, Ekaterina Avdeeva shared useful information on the resolution of litigation, practice of applying the current legislation, and also drew attention to the possibilities of lobbying the interests of leasing companies at the legislative level.

Following the transformation of business processes, due to serious shifts in the geopolitical arena, criminal activity is also changing, which appeals to loopholes in the current legislation, shortcomings in the work of the security service, shortcomings in the regulations of internal and external audits. “If earlier leasing companies worked with reliable counterparties at understandable and easily analyzed prices, then today new players came to the fore. Individuals can now also act as suppliers, and even companies, which are accredited on an expedited basis. This creates new challenges and risks for conscientious entrepreneurs.”, – said Ekaterina Avdeeva.

The statistics of the Ministry of Internal Affairs of Russia indicate an increase in crimes in the economic sphere, while the "rubber" st. 159 The Criminal Code of the Russian Federation still occupies an “honorable” fourth place. Exactly to h. 4 Art. 159 Criminal cases in the field of leasing can be attributed to the Criminal Code of the Russian Federation. Common industry problems are case studies, when the lessee company has signs of a one-day company - the leased asset is not returned and there is a debt under the contract, or, against, the company successfully creates the appearance of real economic activity, leases property and disappears. There are also cases of collusion with suppliers., dishonesty of the employees of the organization. As a result of such schemes, the leasing object is not returned, and the status of the victim is acquired by the lessee or even the lessor in the absence of timely payments under the contract.

“Leasing companies will have to adapt to the new reality. The option of introducing a separate offense for fraud in the field of leasing in the Criminal Code of the Russian Federation seems redundant. However, large-scale prospects in terms of algorithms for protecting the rights of entrepreneurs have the regulation of the main markers and criteria for bringing the perpetrators to justice., - says the expert.

At the same time, the current model of the response of the law enforcement system is inertial in nature and requires adjustment.. After analyzing the judicial practice in the field of leasing, Ekaterina Avdeeva noted, that the transition of violations to the criminal-legal plane is not always beneficial for the leasing company (bankruptcy recovery VS long waiting for a decision on a civil claim in criminal proceedings). “Today, the guarantee mechanism is gaining momentum, which expands the possibilities to hold persons financially liable without a lengthy procedure”, she emphasized.

Besides, judicial practice is being modified in relation to the unfair evasion of the lessor from assisting the lessee, as well as establishing liability for a low-quality leased asset. “If earlier law enforcement and judicial authorities more often leaned on the side of leasing companies, in recent years, significant attention has been paid to the interests of the lessee”, - Ekaterina Avdeeva specified.

To prevent financial and legal risks, leasing companies should take a proactive stance. One side, it is important to correctly build security perimeters: counterparty verification procedures, identification of affiliated persons and dishonest employees, who, by their formally legal actions, can act to the detriment of the company, signing contracts that are obviously unenforceable, which can lead to the formation of technical debt and, along the chain, to bankruptcy and “raider” capture. Security Service, including personnel, economic and information components, will contribute to the exercise of due diligence at all stages of the life of the organization and minimize financial and legal, up to criminal risks.

On the other hand, in the context of the active involvement of the state in supporting business, leasing companies have the potential to transform current challenges into new opportunities for development and growth. GR consulting will allow them to look at their company through the eyes of society and the state, to evaluate growth areas, offer a mutually beneficial partnership, access support measures, subsidies and grants, actively use lobbying tools to highlight preferences for the entire industry. In particular, leasing was recently discussed as an alternative to mortgages for individuals. “The state is in close dialogue with business, and this postulate is not empty words, but a well-established trend, - Ekaterina Avdeeva is sure.

In closing, she emphasized, that the expert center is actively cooperating with the subcommittee of the Chamber of Commerce and Industry of the Russian Federation on leasing in terms of developing legislative initiatives, useful equally for society and the state, as well as relevant for the development of leasing activities in Russia.

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