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Business Duty Officer

Results 2022: the mentality of legislative and law enforcement structures is changing - they hear business initiatives

Results 2022: the mentality of legislative and law enforcement structures is changing - they hear business initiatives

Head of the Expert Center for Criminal Law Policy and Enforcement of Judicial Acts “Business Russia”, ambassador “business officer” Ekaterina Avdeeva told about the work of the organization in the past year and the interaction of business, power and scientific structures.

A flexible regulatory system has been built in Russia. And although the statistics of entrepreneurs' complaints about the facts of unfounded criminal prosecution is growing, the mentality of legislative and law enforcement agencies is changing - they hear business initiatives. In its turn, business perceives public venues no longer as a political declaration, and the opportunity to ask the right questions, get feedback, determine further vectors of development in the legal field for the benefit of the country. Everyone is ready for an open dialogue, when it is not built on complaints and misunderstandings, and on constructive solutions. Today, the dialogue between business and government has included an additional component, left in the shadows for a long time, – science.

Interaction platform

The Business Russia Expert Center has become a platform, which brought together key business protection institutions in the country, business associations, commissioners for the protection of the rights of entrepreneurs, as well as representatives of state authorities and law enforcement agencies. Our key task is to take the next step in improving the efficiency of interaction between federal government bodies and public organizations., scientific community and business. Thanks to the complex work, we managed to provide a really high-quality dialogue, aimed at improving the current legislation and law enforcement practice. It is in the trinity of business, power and science generate complex solutions to systemic problems, which provide a balance of redundant requests, public interests and doctrinal foundations of criminal law policy to improve the protection of the rights of bona fide entrepreneurs in the course of crime investigation.

Made in 2022 year, the work of the Expert Center gave excellent results both at the legislative, and practical level. So, 6-year criminal prosecution of an entrepreneur in Novosibirsk terminated, in Tyumen, at the level of the court of cassation, the verdict on the tax composition was canceled, in Moscow, the entrepreneur managed to cancel the ownership of the raiders after 7 years of unsuccessful attempts to prove their position.

Raiding problems

Certain issues required detailed study on the ground. In particular, consideration of a private case in the Saratov region made it possible to bring the alleged fact of a “raider” capture to the federal level, as well as to identify systemic all-Russian problems. Analysis of documentation and judicial acts indicates that, that the use of civil law mechanisms for “hostile” takeovers is not formally outside the law, however, in practice, they lead to bankruptcy along the chain of companies, belonging to the same group, declaring products counterfeit, license revocation. Thanks to the joint analysis of the Expert Center, regional executive authorities and the scientific community, initiated in Saratov at the site of "Business Russia" and SGUA, managed to conduct a detailed examination of the invoice of cases, establish the true causes of developing illegal events, highlight the issues and involve mechanisms of public control.

In order to raise awareness of the business community about the human rights opportunities of the Expert Center in 2023 In 2018, it is planned to expand cooperation with regional business protection institutions, OGV and universities through the creation of representative offices of the Expert Center in the subjects of the country.

Increasing legal literacy

An important aspect is systematic work to improve the legal literacy of entrepreneurs, one side, as well as the development of system solutions for business, with another. In order to implement the set socially significant tasks, we have established active cooperation with the RANEPA on the basis of the Higher School of Law, with which a memorandum of cooperation was signed. In October, we announced the preparation of a joint advanced training program on the basis of the Higher School of Law of the IGSU RANEPA and the Business Russia Expert Center. It will include legal aspects, questions of psychology and management, also a roadmap for business in conditions of partial mobilization. Besides, in the end 2022 this practice was expanded in the constituent entities of the Russian Federation, thanks to close dialogue with the North-Western Institute of Management RANEPA.

Outreach activities

Taking into account the high social significance of entrepreneurs, the Expert Center has been actively involved in explanatory and educational activities. In particular, a number of practical webinars and master classes were held to highlight the main financial and legal nuances of operational state support in the current macroeconomic situation, organizational and legal issues of business, prevention of financial and legal risks and criminal liability in the context of sanctions and partial mobilization.

Subtleties of government contracts

Another topical issue was the unreasonable prosecution of entrepreneurs for non-fulfillment of state contracts.. The situation looks paradoxical: the entrepreneur, due to objective reasons, cannot fulfill his obligations on time, but he is charged with fraud or fraud on an especially large scale, implying criminal responsibility. Due to broken supply chains under the state contract, the company is physically unable to supply this or that product, or, due to the withdrawal of suppliers from the market, the company can replace the product, for example, European production into Chinese - all this is interpreted by the law not in favor of the entrepreneur. We held a specialized session within the framework of the IV BRICS International Municipal Forum, in which both practicing experts and law enforcement agencies voiced their position, as well as academic staff. Participants agreed on the need for additional regulation of legislation in the field of government contracts.

Legislative initiatives

It is important to emphasize the active interaction with the Council of Legislators and law enforcement agencies in terms of preparing legislative initiatives. We have had a successful practice of working together on those bills, submitted to the Government Commission for Legislative Activities. As a result of such activities, in some cases, significant adjustments are made to the text of the draft law and the explanatory note, taking into account those nuances, which are not always obvious at first reading and allow maintaining a balance of private and public interests.

An important activity of the Expert Center is the formation of proposals for improving the criminal law policy, development of consistent changes and systemic solutions in order to increase the effectiveness of the state's activities to ensure the protection of the rights and legitimate interests of business entities. Only in 2022 the center prepared over 15 legislative initiatives with substantiation of practice and scientific doctrine, federal executive authorities' remarks. Significant was the draft law on the refusal to initiate a criminal case in the event of, if the tax arrears are paid in full, which was announced at the Business Russia forum and included in the List of Orders of the President of Russia 26.04.2022 No. Pr-740. The draft law on the introduction of "tax fraud" in Art.. 159.7 of the Criminal Code of the Russian Federation and "paper" VAT in Art.. 173.3 CC RF, which are submitted to the State Duma.

In 2023 year, this systematic work will be continued. Generating legislative initiatives and mechanisms for regulating law enforcement practice, The Expert Center is a reliable bridge and translator of the wishes of entrepreneurs and their communication to the competent state authorities. Not excessive measures are important, what the business is talking about, and compromise solutions, to secure business, ensure the implementation of strategic objectives.

 

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