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Business Duty Officer

Experts - about the partial liberalization of the Criminal Code

Experts - about the partial liberalization of the Criminal Code

The business and expert community are counting on finalizing the project of the Ministry of Justice. “There is a whole group of offenses in the Criminal Code and a group of offenses in the Code of Administrative Offenses, which describe in fact the same actions (just classify them differently). it, for example, article 146 CC (“Violation of copyright and related rights”), article 147 (“Infringement of invention and patent rights”), article 171 (“Illegal business”), article 180 (“Illegal use of means of individualization of goods”). Such violations should remain only in the Code of Administrative Offenses and be punished exclusively by economic, for example, in the form of a fine,— notes business ombudsman Boris Titov.

Choice of offenses, for which the Ministry of Justice proposes to raise the thresholds for prosecution, also did not find understanding in the business community. "Interesting, that the ministry raised the thresholds of responsibility for parts 5–7 of Art.. 159 CC RF, which are very rarely used in practice.. The most common are parts 3-4 of Art.. 159 CC RF, on which criminal cases are initiated against entrepreneurs”,- Ekaterina Avdeeva, head of the Expert Center for Criminal Law Policy and Enforcement of Judicial Acts of Business Russia, says.

According to the director of the Institute for Economics of Growth named after. P. A. Stolypin Anton Sviridenko, while there are no necessary projects to expand the use of collateral, exclusion of unjustified detention of entrepreneurs. “In general, the systemic decriminalization of acts in the field of entrepreneurial activity is overdue. Not because, that violators should not be punished, and therefore, that often minor violations, not carrying a high public danger, used to put pressure on business, in competition through “heavy” norms of the Criminal Code of the Russian Federation. Economic punishment for such offenses will be more effective.”,- the expert notes.

Meanwhile, businesses are concerned about the problem of initiating criminal cases on tax structures., despite the payment of the arrears in full. We have to note,, The Ministry of Justice has already prepared a draft, prohibiting such prosecutions, however, before legislative changes (the department expects the passage of the project in the autumn session of the State Duma) entrepreneurs remain unprotected and continue to complain about unreasonable pressure: reported 73% companies surveyed by the Delovaya Rossiya Expert Center. To prevent this practice, experts insist on the introduction of a moratorium on the initiation of criminal cases with the timely and full repayment of arrears - a letter with this proposal will be sent to the Federal Tax Service, Prosecutor General's Office and other departments. Such a moratorium “will encourage the debtor to repay debts” and will allow “to challenge later on both sides and in the framework of arbitration proceedings”, considers Vadim Zaripov, head of the analytical service of the law firm Pepeliaev Group.

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