The state Duma in the first reading will consider the presidential draft laws mitigating liability for economic crimes.
14 June the State Duma in the first reading will consider two bills introduced by the President of Russia Vladimir Putin and aimed at decriminalization of a number of crimes of an economic nature. The amendments to the criminal code and the Criminal procedure code and the Federal law “On detention of suspects and accused of committing crimes” and to the Code of administrative offences.
Changes in the criminal code include the expansion of the scope of article 76, “Exemption from criminal liability in cases about crimes in sphere of economic activities” and thus reduce the amount of the fine. From criminal liability is offered to release anyone who has committed economic offence.
When it expanded the list of crimes that would be decriminalized. This includes the introduction of false information in land documentation, the formation of cartel, abuse with the issuance of securities and illegal turnover of precious metals, committed by a group of persons, as well as other offences.
In these cases, instead of imprisonment, the punishment shall be a fine in the double amount of compensation or income received by a criminal way. We will remind, now the law provides for fines fivefold.
According to lawyers, the new version of article 76 of the criminal code became more structured.
— It was divided into different parts, all qualifying signs of a crime, — has explained “news” the Chairman of Moscow Collegium of advocates “the International partnership” Tatyana Protsenko. — It was an act committed by a group of persons by prior conspiracy, an organized group, criminal community”. It was written in one article, respectively, and the punishment for the convicts it was the same. Now on the proposed amendments, a crime committed by a group of persons is deemed less dangerous than a crime committed by an organized group.
The changes will also apply to article 159 of the criminal code (“Fraud”). It is proposed to amend the bases for excitation of criminal cases against entrepreneurs. Major will be considered the amount of damage (income, debt) in the amount of 2 million 250 thousand rubles (now operates: more than 1.5 mln rubles), extra large — over 9 million rubles (in current version: more than 6 million rubles).
In addition, this article updated with new rules. Significant will be recognized for the damage caused by the intentional performance of contractual obligations in the amount of not less than 10 thousand roubles (now significant harm is considered in the amount of 2.5 thousand rubles), very large — more than 3 million roubles, especially large — more than 12 million rubles. (Currently, the maximum sanction under this article — imprisonment for the term up to ten years with a fine of up to 1 million rubles.)
Member of “OPORA Russia”, the businessman Alexey Kanevsky believes that reducing the amount of compensation and the abolition of criminal liability for perpetrators of economic crime for the first time, it is the movement forward.
— Figures there is a compromise, not those that are initially offered business, but it is in any case a major step forward from the point of view of liberalization of doing business in our country, ” he said. — If it is accepted, treat this a negative, by definition, impossible. Another thing is that this should be seen as a first step in the right direction and continue on.
The amendments introduced by the President in the code of criminal procedure, a new method of sentence entrepreneurs in detention or under house arrest: they will have the right to meet with the notary. Member of the business community Alex Kanevsky in conversation with “Izvestia” noted that this is also the first step to improving the economic climate of the country.
— This is a necessary thing, — said Kanev. — Often while the investigation is underway, the entrepreneur is in prison. During this time his company cannot function, because, for example, the right of signature decorated just for him. And, accordingly, when it is proved the innocence of the entrepreneur, to manage already especially there is nothing, because the company itself ceased to exist. Therefore, the ability to pass on the time someone manage or even give some orders at the company — it is certainly needed.
The proposed changes in the criminal procedure code relate to physical evidence. The lawyer Tatyana Protsenko noted that this article suffered entrepreneurs.
— Once against the businessman was initiated a criminal case, investigators have withdrawn all documentation, thereby block the activity of the enterprise, she said. — In the new edition it is written: if the documents are withdrawn, there is a certain period during which the investigator must either admit their evidence, or to return back. If the investigator recognizes the evidence documents, he should be given the opportunity to remove copies of the authorized persons of the entrepreneur, so they can obtain all the necessary documents to continue business activities and that business is not affected.
Member of state Duma Committee on civil, criminal, arbitration and procedural legislation Rafael Mardanshin believes the bills are relevant and important for business.
— They are reflected in the fact that, as mentioned in the President’s message. First of all the promise that commercial disputes were not solved through criminal prosecution of employers. The distinction between business and consumer fraud allows you to do it, — said the MP.
Adding that both bills based on the proposals of the monitoring group of law enforcement practice in the sphere of entrepreneurship, which was established by the President in February 2016. In the state Duma believe that the amendments will allow to create favorable business climate in the country will reduce the risks of doing business and eliminate the possibility for pressure on the business using the mechanisms of criminal prosecution.
