The special composition of the
On Friday, the President of public organization “OPORA Russia” Alexander Kalinin said at a press conference on liberalization of the legislation that the issue of returning the individual part of the Criminal code “fraud for entrepreneurs” is now being discussed with the presidential administration.
A separate article for entrepreneurs (article 159.4 of the criminal code) has been made to the code in 2012, along with five specialized formulations, including fraud in the insurance industry and fraud in the sphere of computer information. This composition was a more lenient punishment for business — up to 5 years in prison, instead of 10 years on the first team, and consequently less severity of the crime, which gave the right of prisoners before to ask for early release.
But in December 2014, the constitutional court found that such an approach, the allocation of entrepreneurs as a separate group, violates the equality of all before the law and has demanded in the six months to amend the criminal code. Despite the fact that the deputies in the Duma introduced several packages of amendments, none of them was adopted, and in June 2015, the article has ceased to operate.
“Even being considered to return the article, as a special part of the fraud: for example an article or 159.7 159.8, — said Kalinin. We would, of course, wanted it was a completely new composition in the UK in the section of economic crimes”.
The subject of fraud
Not to contradict the decision of the COP, the authors of the amendments propose a new revision to change the subject of the crime — clearly to identify the perpetrators of such crimes, explains Kalinin. “Now is searched for a clear design, but it is to establish that the subjects of the crime is, for example, a group of persons, acting in the interests of the legal entity, — says the head of the business Association. — It is crucial to share fraud in the field of entrepreneurship and consumer fraud”.
Kalinin’m sure they are different crimes with different performers and different objects of assault. And if for consumer fraud should be punished for stealing from 2,5 thousand rubles, for businessmen, such an approach simply does not apply: they operate in very different figures.
“These offences should be differentiated, also said the Chairman of the Council for human rights at the President Michael Fedotov. — No matter what number the article will appear in the criminal code, but it should be there”.
Kalinin hopes that the new composition of fraud is included in the package of amendments on liberalisation of the economic legislation. Liberalization said Wednesday during the meeting of the working group on monitoring and analysis of law enforcement practice in the sphere of entrepreneurship, the head of the presidential administration Sergei Ivanov. He made proposals to exempt from punishment of businessmen, paid damages, to allow notaries to prisoners and to introduce a clear procedure for the inventory and storage of forensic evidence.
The view from Duma
The bill returning in the criminal code “business” heading of fraud, was submitted to the Duma United Russia deputies headed by Chairman of the Committee on legislation Pavel Krasheninnikov in may 2015. The project was approved by the end of the month in the first reading. Second, the government has proposed to tighten “business” article so that it would not be very different from the main part of fraud (the maximum term — till 8 years). Deputies these amendments are not adopted, a compromise from the government could not wait and decided to develop their own package of changes.
In November the Committee discussed the amendments to the criminal code that returns the “business” heading of fraud under the number 159.7, which increased the terms of imprisonment: for fraud on a large scale — up to 5 years, and in especially large size — up to 6 years. Void in in June. 159.4 for these crimes before the deadlines were 3 to 5 years respectively. According to Krasheninnikov, it was also intended in a General article on fraud (159 of the criminal code) to expedite the process. But before considering new initiatives at the Committee meeting and never came.
On Thursday, the President was given a clear signal that it is necessary to eliminate opportunities for excessive attract entrepreneurs to criminal liability, including for the purpose of removing their business, said one of the authors of the bill, the coordinator of the project “Comfortable legal environment” Rafael Mardanshin. “Discussed at the working group at the presidential administration the proposals and planned humanization of criminal legislation gives us reason to expect the adoption of this bill and return fraud in the field of entrepreneurship in the UK as a separate article,” — says the Deputy-United Russia.
Benefits for the lawyer
Fedotov also said on Friday that under the new liberalization, it is necessary to increase security guarantees for the work of lawyers, and a package of proposals he has sent to the President.
It is necessary to enter criminal and administrative responsibility for obstructing the work of lawyers and interference in their activities, to create additional guarantees of protection of secrecy, which also allow to initiate criminal proceedings against lawyers only with a court order, says Fedotov about the nature of their initiatives.
“The more secure in his work, the lawyer, the more effectively he can defend the rights of their clients”, — Fedotov has supported the Vice-President of Federal chamber of lawyers Evgeny Semenyako.
Less optimistichno configured Vice-President of public organization “Business Russia” Nikolay Remains, which also participated in the discussion.”No matter how long we tried to change something: there’s an article up here to patch up, to poshtukatureny, it will not work”, — said Ostarkov
In his opinion, the main problem is that businessmen are not protected from criminal prosecution and law enforcement authorities have no responsibility for their actions.