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Business Duty Officer

PMYUF2023: criminal law policy in an era of change

PMYUF2023: criminal law policy in an era of change

KEY FINDINGS

The liberalization of criminal legislation in relation to business will contribute to sustainable development of the Russian economy

“The President of our country, Vladimir Putin, set the course for the liberalization of criminal law in relation to business. Protection of the rights of business entities is also important for economic security, and for the development of our economy. <…> The disclosure of economic and entrepreneurial potential is impossible without their [entrepreneurs] confidence that, that they will be protected from economic crime and protected in the event of, if they are under suspicion", - 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.

Russia has declared an economic war, such prohibitive sanctions pressure is, maybe, for the first time in history. Now the challenges require, among other things, adjustments to the criminal procedural legislation. <…> We are in the Ministry of Justice together with colleagues from the business community, State Duma, Federation Council are now working. There are short stories, which, from our point of view <…> help reduce pressure on business, — Deputy Minister of Justice of the Russian Federation
Vadim Fedorov.

PROBLEMS

High pressure on the business community in the current geopolitical environment

“Business perceives criminal procedural pressure as a serious barrier to development. <…> First, what do we need to think about, is the decriminalization of individual acts", - secretary of state, Vice President for Legal Regulation and Law Enforcement of the Russian Union of Industrialists and Entrepreneurs (RSPP) Alexander Varvarin.

“Business has more problems, <…> this and blocking accounts abroad, refusal of counterparties, foreign partners to work with Russian business. The work of my team has shifted to protecting the rights of Russian entrepreneurs, for their protection in foreign jurisdictions. But <…> Illegal criminal prosecution remains in the first place among the appeals”, — Commissioner for the protection of the rights of entrepreneurs in the city of Moscow Tatyana Mineeva.

“We need to work out the issue of protecting the rights of business entities in the criminal law sphere”, - 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".

Measures of restraint for entrepreneurs in the form of detention and house arrest impede the development of business

“Certain problems remain - the choice of a measure of restraint in the form of detention, which affects [activity. — Ord.] entrepreneurs", - 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".

“Today, house arrest is often applied against entrepreneurs simultaneously with a ban on using the Internet., telephone connection. We introduced restrictions on the detention of entrepreneurs, but house arrest from an economic point of view is the same, because the entrepreneur cannot manage his company", - secretary of state, Vice President for Legal Regulation and Law Enforcement of the Russian Union of Industrialists and Entrepreneurs (RSPP) Alexander Varvarin.

“The measure of restraint chosen by the entrepreneur should allow him to continue carrying out legitimate entrepreneurial activities in order to save the business”, — Commissioner for the protection of the rights of entrepreneurs in the city of Moscow Tatyana Mineeva.

SOLUTIONS

Humanization of criminal legislation in relation to business, decriminalization of individual acts and definitions of preventive measures, not hindering further business

"First, what do we need to think about, is the decriminalization of certain acts. <…> An important direction of decriminalization is to increase the threshold values ​​of large and especially large damage for qualifying the relevant economic crimes., - secretary of state, Vice President for Legal Regulation and Law Enforcement of the Russian Union of Industrialists and Entrepreneurs (RSPP) Alexander Varvarin.

“Today we are witnessing the allocation of entrepreneurs to a certain special legal and criminal procedure category., that is, in fact, a new legal regime is emerging”, - head of the center of criminal, уголовно-процессуального законодательства и судебной практики Института законодательства и сравнительного правоведения при Правительстве Российской Федерации Станислав Нудель.

«[Necessary] raise the thresholds for large and especially large damages for crimes in the sphere of economic activity, taking into account inflation from 2016 y. <…> Pledge, no doubt, should be a priority measure, it can also be a prohibition of certain actions, but not detention and not house arrest", — Commissioner for the protection of the rights of entrepreneurs in the city of Moscow Tatyana Mineeva.

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