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Problems of modern criminal law policy were discussed at the SPBILF

Problems of modern criminal law policy were discussed at the SPBILF

Experts, in particular, paid attention fight crime, criminal prosecution of business and decriminalization of a number of economic articles.

According to some speakers, Russian business still perceives criminal liability as a serious barrier to its development.
12 May, within the framework of the XI St. Petersburg International Legal Forum, a session “Criminal and legal policy in an era of change” was held: challenges and how to face them, during which the problems of improving the criminal and criminal procedural legislation of the Russian Federation were discussed.

In his opening remarks, the moderator of the session, head of the center of criminal, уголовно-процессуального законодательства и судебной практики Института законодательства и сравнительного правоведения при Правительстве РФ Станислав Нудель, drew attention to the emergence of new threats to national security in the current realities, to which the criminal law policy should respond in a timely manner. He expressed hope, that during the event, the speakers will help develop recommendations for improving the criminal and criminal procedure legislation of Russia.

Alexey Alexandrov, Chief Researcher at the Institute of State and Law of the Russian Academy of Sciences, noted, that the fight against crime remains relevant at the present time. He explained the concept of crime in its narrow and broad meanings and noted the lack of consistency, stability and scientific character of modern criminal policy. The speaker noted the inconsistency of the criminal law and the criminal process on a number of specific examples, and also pointed to some neglect by the Russian authorities of scientific research. According to him, a working group was created in the Ministry of Justice of Russia, studying problems of criminal policy.

Vice-chairman, Chairman of the Judicial Collegium for Criminal Cases of the Supreme Court of the Republic of Belarus Sergei Kondratiev shared his experience in the formation of criminal policy in the Republic of Belarus, for this it was necessary to make adjustments to a number of procedural codes (in particular, administrative and arbitration proceedings have undergone changes). The speaker also mentioned, that a number of articles have been decriminalized in the criminal proceedings of Belarus, absentee examination of criminal cases was introduced. He reported, what in 2021 y. The Prosecutor General's Office of Belarus opened a criminal case on the genocide of the Belarusian people during the Great Patriotic War and in the post-war period. The speaker also spoke about the regulation of the activities of civil servants and strengthening their responsibility and emphasized, that Belarusian legislation is almost identical to Russian.

Director of the Institute of State and Law of the Russian Academy of Sciences Alexander Savenkov noted, that public dialogue, developed in the state, protects ordinary citizens from excessive interaction with state structures. According to him, criminal policy is a rather vague term, in contrast to the concept of criminal punishment, not very popular in everyday life. He considers, that it is not necessary to fetishize the concept of crime, you just have to fight it. The speaker also spoke about the inadmissibility of turning criminal policy into a political tool., and also pointed out the high cost and excessive bureaucratization of the preliminary investigation due to, in particular, extra examinations.

Member of the General Council, Head of the Expert Center for Criminal Law Policy and Enforcement of Judicial Acts of the All-Russian Public Organization "Business Russia", ambassador “business officer” Ekaterina Avdeeva reminded, that earlier the head of state set the course for the liberalization of criminal prosecution of business. According to the speaker, a number of tax crimes have recently been decriminalized, now businessmen are less likely to choose a measure of restraint in the form of detention. In its turn, cybercrime poses a great threat to modern society due to its digitalization. In this regard, comprehensive measures are needed to improve the criminal and criminal procedure law.. Unleashing entrepreneurial potential is impossible without business confidence in firm guarantees from the state.

Secretary of State, вице-президент по правовому регулированию и правоприменению Российского союза промышленников и предпринимателей Александр Варварин отметил, that Russian business still perceives criminal liability as a serious barrier to its development. According to him, decriminalization of a number of elements of economic crimes is needed. In the Criminal Code of the Russian Federation, according to the speaker, there are norms, directly competing with the provisions of the Code of Administrative Offenses, what is unacceptable. An important area of ​​decriminalization, noticed the speaker, is to increase the damage threshold for large and especially large amounts of economic crimes. House arrest, according to the letters of Alexander Varvarin, prevents businessmen from running their companies due to lack of Internet, the issues of seizing the assets of entrepreneurs also remain unresolved.

Commissioner for the protection of the rights of entrepreneurs in the city. Moscow Tatyana Mineeva noted, that recently business has become more problematic due to the blocking of accounts in foreign banks and the loss of foreign counterparties. In her opinion, bail and prohibition of certain actions are the best preventive measures for entrepreneurs in comparison with detention and even house arrest. speaker counts, that the right to make a pledge for an entrepreneur should be given to any individual, and suspects and those charged with economic charges should be made easier to visit their loved ones. It is also necessary to prohibit the placement of pregnant women and women in pre-trial detention centers, having young children, who are accused of non-violent crimes.

In its turn, Judge of the Supreme Court of the Russian Federation Oleg Zatelepin recalled, that in criminal law a person appears as a person, offender, or as a victim. In his opinion, principle of humanism, underlying criminal law, actively used in law enforcement practice. Speaker noted, that the institution of criminal law influence is actively used in the form of judicial fines, Besides, it is advisable to introduce the concept of a criminal offense. He emphasized, that the number of persons, serving sentences in prisons, decreased, in particular through the imposition of penalties by the courts, not related to real time. According to Oleg Zatelepin, the activities of the domestic judicial system do not at all demonstrate an accusatory bias, because the courts receive well-investigated criminal cases.

Deputy Minister of Justice of Russia Vadim Fedorov noted, that there are a number of novelties in Russian legislation, mitigating the criminal liability of business. According to him, The Ministry of Justice of Russia has done a lot for the digitalization of criminal justice.

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