The bill prepared by the Kremlin on the proposals of the working group headed by head of the presidential administration Sergey Ivanov, completed, write “Vedomosti”. The text of the document was in the editorial office of the newspaper.
The authors of the bill refused to return a special article in the criminal code on fraud entrepreneurs: instead, it is proposed to Supplement article 159 (“Fraud”) parts criminalizing fraud in the field of entrepreneurship. According to “Vedomosti”, the deliberate failure to contractual obligations, caused damage in especially large amount — 10 million rubles and more — is punishable by deprivation of liberty for a term up to 10 years. Cancelled earlier in the article 159.4 maximum was 5 years, clarifies the issue.
It is also proposed to toughen penalties for other types of fraud — from 4 to 5 or 6 years in the case of causing, respectively, significant and major damage.
The bill would also increase the economic structures of crimes on which the entrepreneurs may be exempt from criminal prosecution if full restitution and payment of fines. The number of crimes fall into this category, it is proposed to increase to seven.
On the bill ending the prosecution of six articles will not prevent additional qualifying features. The multiplicity of fines payable under this article parties to the Federal budget will be reduced from five to two sizes of the caused damage.
In addition, it is proposed to increase the threshold of damage. By default, large is invited to consider the damage from 2.25 million RUB. (instead of the current 1.5 million), particularly large — from 9 million rubles (now 6 million) but many of the articles set your own threshold evaluation.
In March, the President of public organization “OPORA Russia” Alexander Kalinin said that the issue of return of the separate articles of the Criminal code “Fraud for entrepreneurs” is now being discussed with the presidential administration. A separate article for entrepreneurs appeared in the UK in 2012, along with five specialized formulations, including fraud in the insurance industry and fraud in the sphere of computer information.
A specialized article, the business received a lighter sentence — five years imprisonment instead of ten years on basic structure — and, consequently, less severity of the crime, which gave the right of prisoners before to ask for early release. However, December 2014 the constitutional court decided that the allocation of entrepreneurs as a separate group violates the equality of all before the law. In June 2015, the article has ceased to operate.
On March 23, Sergei Ivanov made a proposal to make legislative amendments that will limit the ability of law enforcement to abuse their powers in relation to the entrepreneurs. As mentioned , in the Kremlin discussed the proposal to exempt from punishment of businessmen, first-time offenders and paid damages, to allow notaries to the arrested entrepreneurs, but also to limit the time during which the property businessmen under arrest.