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Business Duty Officer

It is necessary to ensure national economic security

It is necessary to ensure national economic security

Protection of the rights and legitimate interests of entrepreneurs is an important component of creating favorable conditions for business development, ensuring the economic security of the state, maintaining a favorable business climate, considers a member of the Council of the Chamber of Commerce and Industry of the Russian Federation on financial, industrial and investment policy, Head of the Expert Center for Criminal Law Policy and Enforcement of Judicial Acts Ekaterina Avdeeva.

Under sanctions pressure, investments in industry are the driver of economic progress. This will create new opportunities and conditions for the organization of its activities., ensure the implementation of the import substitution policy, production infrastructure, workplaces, will increase regional and state economic potential. However, financial and industrial development is impossible without ensuring economic security..
Legislation in this area is developing dynamically and over the past decades a comprehensive legal system has been formed in this area.. In 2022 Russian President Vladimir Putin supported the proposal to waive the criminal prosecution of entrepreneurs for tax crimes when compensating for arrears, as well as reducing the statute of limitations for qualified tax compositions and bringing it into line with the period of storage of documents.

However, the practical experience of implementing the provisions of Russian legislation demonstrates cases of formal implementation of the norms of the Criminal Code and Code of Criminal Procedure of the Russian Federation in relation to entrepreneurs. (questions of qualification on privileged compositions, pre-investigation checks, unjustified arrest and detention, seizure of property and electronic media, red tape).

According to the statistics of the GIAC of the Ministry of Internal Affairs of Russia, in 2021 year 28,2% materials on economic crimes (including tax) were not brought to court and a significant proportion of them were the result of forceful pressure. At the same time, damage was done to the business during inspections, and as a result - he went bankrupt, putting hundreds of people out of work.
This example testifies to one of the most serious problems of law enforcement - the initiation of a criminal case in the absence of a judicial perspective.. From the point of view of entrepreneurship, this practice limits the freedom of economic activity guaranteed by the Constitution of the Russian Federation and increases corruption risks., and on a national scale, there is a decrease in the amounts of tax payments received by the state budget and the suspension of the economic activities of companies.

Obviously, that the institution of prevention of pressure on business needs to be improved, since it directly correlates with the development of the industrial potential of the country and the investment attractiveness of Russian regions. Promising directions for the development of this norm could be:
Determining the necessary and sufficient mechanisms to improve the financial and legal literacy of entrepreneurs, who often lack knowledge in the field of legislation;
Improving existing legislation in order to create and maintain a safe industrial and investment environment;
Carrying out work on the centralization of state bodies and human rights organizations, which will increase the level of security of doing business in Russia and restore its confidence in the law enforcement system;
A clear delineation of the protection of the rights and interests of bona fide business, one side, and on the other hand, the formation of systemic inevitability of punishment for economic crimes.
Only by joint efforts of state authorities and the business community will it be possible to eliminate the existing legal risks, improve the efficiency of the functioning system and ensure national economic security.

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