Putin proposed to mitigate the criminal liability for business

The President Of Russia Vladimir Putin

President Vladimir Putin on Thursday in the state Duma introduced two bills with amendments to the “entrepreneurial” articles of the criminal code and the law regulating rules of detention. Documents available in the database of the lower house of Parliament. Both bills were previously discussed at the Kremlin meeting of the working group for cooperation between the security forces and business.

In the first bill proposes to increase the amount of damages for economic crimes, which are the basis for excitation of criminal cases, as well as to expand the list of “economic” crimes, the first committing of which provides for the exemption from criminal liability, if convicted had to pay damages.

The list of economic crimes for which a person may be exempted from criminal liability prescribed in article 76.1 of the criminal code. Amendments to it, in particular, shall include the entire article 180 (illegal use of a trademark), is added to article 192 “Violation of rules of delivery to the state of precious metals and precious stones”, there are a number of other modifications that extend the compositions already included articles. In addition, it is proposed to include in “preferential” the list of crimes under article 170.2 of the criminal code, which introduces a penalty for “cadastral engineers” for inclusion in the documents of false information, and article 176 associated with the illegal loan. The latest from liability if the offence is committed for the first time, will release individual entrepreneurs and business executives providing false information about the financial condition of the company.

The amount required to pay in order to get exemption from criminal punishment shall be reduced to double the size of the damage, whereas in the current version it is necessary to repair the damage fivefold.

Among the amendments to the Kremlin — a new structure of article 159 of the criminal code (fraud), namely fraud, paired with deliberate non-performance of contractual obligations in the field of entrepreneurship. Significant damage to it is proposed to recognize a minimum amount of 10 thousand rubles., large — more than 3 million rubles, especially large — 12 million rubles. the Maximum penalties for this crime is deprivation of liberty for a term up to 10 years with the penalty to 1 million rubles under the current article 159 of the criminal code, significant damage shall be not less than 2,5 thousand rubles., large and extra large — 250 thousand and 1 million rubles, respectively. For new formulations of article 159 are set higher thresholds, that is, the amendment involves milder conditions for entrepreneurs.

While the individual articles of fraud it is proposed to increase the term of imprisonment of 1 year to six years. We are talking about fraud in lending, upon receipt of payments and fraud using payment cards (for persons using the official position, for crimes committed in large amount). For these groups it is proposed to increase the punishment when fraud in the insurance industry, as well as in the sphere of computer information.

As previously reported by RBC, among these amendments also change in “tax” articles of the criminal code — 198, 199 and 199.1 (evasion from payment of taxes and fees by natural persons or organization, as well as failure to perform duties of a tax agent). In particular, it is proposed to increase the amount of damage, which begins the criminal prosecution of defaulter.

Finally, there are amendments relating to the resolution contained in the jail businessmen to see the notary. This, as explained the source of RBC in the working group on the interaction between the security forces and business, will allow to stop attempts to capture the business when the owner is in jail. In the text of the bill considered that in this case the notary is not entitled to perform acts in respect of property which may be seized. As told RBC source in the working group, it was the request of law enforcement agencies who feared that the threat may be the property by which it is possible to repair the damage — it can “withdraw”.

In the explanatory Memorandum to the bill amending the criminal code and the criminal procedure code, said that the government supported him. The Supreme court in its opinion made three comments of a substantive nature that have not been addressed. The Kremlin notes that the amendments are aimed at “creating conditions for creating a favourable business climate in the country, reduce the risks of entrepreneurial activity, elimination of opportunities to put pressure on the business using the mechanisms of criminal prosecution”. As previously reported by RBC, the adoption of two presidential bills “boost”. “It is possible that they will be adopted during the spring session [before June 24],” says one of the interlocutors RBC.