The President of Russia Vladimir Putin and the Commissioner of the President of the Russian Federation on protection of entrepreneurs ‘ rights Boris Titov, April 2015
2015 was the most difficult for Russian business since the last of humanization of the Criminal code, which was held by Dmitry Medvedev in 2011 when he was President. The number of cases of criminal prosecution of businessmen, has been steadily declining since 2008, last year grew by 20%, according to a draft of the report of the Commissioner of the President for human entrepreneurs Boris Titov (RBC has a copy, the representative Titov confirmed these data). The report will be presented to President Vladimir Putin tentatively in late may, said RBC representative of the office of the business Ombudsman.
Report on the state of entrepreneurship and business climate Putin Titov makes annually. This year, the business Ombudsman will propose a package of amendments to the criminal and Criminal procedure codes, which it is hoped will reduce the level of criminal prosecution of businessmen.
In 2015, law enforcement agencies have identified 255 250 thousand economic crimes is high since 2010, the document says. 620 initiated 234 thousand criminal cases. The number of convicted persons decreased in comparison with 2014 at 1, 5 thousand to 34 thousand 903. Including a quarter increased the number of registered crimes in all lineups St. 159 criminal code (fraud). Last year it was registered 200 632 thousand of such crimes is high, at least since 2008. As noted in the report, in 2011, before the adoption of the fourth package of humanization of the criminal code and to release from the 159th article of several formulations — to the only existing article 159 of the registered 147,5 thousand crimes.
Increasing the number of criminal proceedings on tax charges (198-199.2 OF THE CRIMINAL CODE). The fact is that at the end of 2014 changed the order of excitation of such Affairs, if earlier, the reason for the initiation of criminal proceedings under these articles were only the materials of the tax authorities, but now they added a statement about the crime, the message about committed or planned crime and a number of other reasons. As previously reported by RBC, the reason for this change in legislation was the dissatisfaction of law enforcement agencies insufficient efficiency of tax crime investigations. In 2015 the number filed in the tax area of criminal cases increased by 62%, while the number of sentences is only 16%.
In December 2015 on this issue drew attention in his message to Vladimir Putin. Referring to statistics for business, he said that during 2014, the investigative authorities opened nearly 200 thousand criminal cases on economic crimes, but before trial of them reached only 46 thousand, 15 thousand cases “fell apart in court.” “So, if you count that ended with a conviction only 15% of cases. The vast majority, about 80%, 83% of respondents, which had instituted criminal proceedings, completely or partially lost business. That is, they have oppressively, robbed and released,” — said Putin.
More for people suspected of committing economic crimes, elected a preventive measure involving deprivation of liberty, the report said. On February 1, 2016, the number of persons in jail for economic crimes (sentencing) amounted to 6539 people (for comparison, on April 1, 2012 in pre-trial detention were 3,840 people). Also, a growing number of those who is under house arrest: 2831 accused and suspects (for example, in July 2015 there were 1526), the report said.
What is offered
“Despite numerous orders of the President of the Russian Federation and the government of the Russian Federation on amending the criminal legislation, the situation in the sphere of criminal law is deteriorating, the order is not actually executed,” the report says. To remedy the situation, Titov has proposed several measures.
As follows from the draft report, the President will be asked to change the system of inquiry and preliminary investigation, transferring the investigation of all crimes in the economic articles of the criminal code in one law enforcement Agency that shall, according to the plan of the business community, to reduce the level of pressure on business. In the example of the financial police of the Italian Guardia di Finanza. Now the investigation of crime, for economic crimes involved the interior Ministry, Investigative Committee and the FSB. If 90% are MIA, and about 10% — in the UK, said RBC a source in the office of the business Ombudsman.
“While the issue with those who can pass the “economic case” is not solved. But it is clear that if you pass them to the Investigating Committee, then the service will have to reformat and increase its staff”, — said the source.
In addition, it is proposed to limit the investigative bodies for some of the responsibilities. In particular, it is proposed to amend the criminal procedure code changes that establish a duty of bodies of inquiry and investigation is necessary to coordinate such requests with the Prosecutor to appeal with the appropriate petition in court. The report Titov States that the petition for the first election of a measure of restraint in form of detention of people for economic crimes, written in the 22nd Chapter of the criminal code, are met in 96% of cases, petitions for extension of such a measure of restraint in 98% of cases. Another proposal is to change the order of excitation of criminal cases against entrepreneurs — Titov has proposed to do so only with the approval of the Prosecutor or of the head of the investigative body.
In addition, the business Ombudsman continues to insist that for certain economic crimes of small and average weight (for example, under article 180, 194, 199 of the criminal code) for the first violation it is not necessary to introduce criminal punishment, and to prosecute necessary “only in the case of repeated offence committed within a certain period of time after the first”.
He also proposes to expand the list under article 76.1 of the criminal code (exemption from criminal liability in cases about crimes in sphere of economic activities) “economic offences” and to change the approach to compensation. On a number of articles now provides for the exemption from criminal liability only after reimbursement of the damage fivefold. The Ministry of economic development proposes to reduce the ratio of fine to two, RBC said in March the representative office. Titov has proposed to exempt from criminal liability a person who committed an economic crime for the first time, if it simply compensated the damage in full, without magnification.
In addition, it offers an overall increase in three times the amount of damages, recognized as large or especially large, for crimes in the sphere of economic activity from the 220th Chapter of the criminal code and under article 146 (violation of copyright and related rights), 158 (theft), 159.1 (fraud in lending).