The President has proposed to introduce personal responsibility for the security forces for pressure on business.
There is hardly an effective structure of oversight of law enforcement, experts say
President Vladimir Putin, speaking Friday at the St. Petersburg international economic forum (SPIEF), proposed to toughen the responsibility of security forces for pressure on business. “Representatives of power structures should be held personally responsible for inappropriate actions that led to the destruction of the business”, — said the President. He stressed that it is including on the criminal liability of law enforcement officers.
Oversight of a reviewer
“I understand that this is a very subtle thing. We cannot and should not bind hand and foot the work of law enforcement, but we need balance, hard barrier for any abuse of authority and power,” — said Putin. He demanded from the leadership of the Prosecutor General’s office, Investigative Committee, interior Ministry, FSB to monitor the situation on the ground, if necessary, “take measures to improve legislation”.
On the necessity of personal responsibility of police for the pressure on the business mentioned in the so-called sixth package of proposals for the protection of entrepreneurs, told RBC business Ombudsman Boris Titov. This package is submitted to the working group of the President on interaction of business and government, he added.
The proposal to tighten personal responsibility of the organs of control and supervision is also contained in the draft annual report Titova Putin drafted in may. It was proposed to give the Prosecutor General the right to bring a personal criminal case under article “Hindrance to legal entrepreneurial and other activity (article 169). Now criminal cases have the right to initiate the investigators of the interior Ministry, the Investigative Committee and the FSB.
Also in this report it was proposed to provide prosecutors the authority to initiate criminal cases for knowingly unlawful criminal cases, illegal conducting of operative and search activities, carrying out quickly-investigation actions in violation of the law for the further transfer of the investigation to the investigating authorities.
Prosecutor General Yury Chaika today supported the initiative of Putin, without specifying. “You are absolutely right. I say this for a long time,” — said the Prosecutor General on the question of the necessity of criminal liability for the security forces. In 2014, speaking with a report to the state Duma, Chaika said that prosecutors should have the right to bring proceedings against the investigators responsible for the illegal persecution of citizens. In 2013, during the meeting with regional prosecutors, he said that unjustified inspections should be held accountable.
Safety administration
Only in 2015, was canceled about 20,000 decisions on criminal cases, provided statistics in the report Titov. Prosecutors ordered to involve in a disciplinary responsibility 145 thousand officials of law enforcement agencies, but almost always officers receive a caution or a reprimand, it was emphasized in the document.
The issue of impunity of the investigating authorities is long overdue, said the lawyer Ruslan Koblev. “No real control over the investigators now do not exist. — Mutual responsibility of the investigators, the court and prosecutors — says the lawyer. — So the President’s proposal can really help.” According to Koblev, to achieve a positive result, do not have to enter from criminal liability for the security forces, enough disciplinary and material.
The problem is that it is not clear who will attract law enforcement to justice, draws attention Koblev. According to lawyer Edward Isetskogo, it would be a separate structure designed specifically for this purpose. “Now every structure has a Directorate of internal security, which identifies the violation and then submit the materials to the Investigative Committee. But you need a separate independent unit, while the fight against violations will be effective,” says Isetsky. In addition, said the lawyer, in the law, and now there are sufficient grounds to hold the security forces accountable. “The new composition of the UK will not provide better protection, need to develop a mechanism for the implementation of those instruments, which is,” the lawyer says
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