Utilities and mail
Deputy Chairman of the security Committee of the United Russia party member Alexander Hinstein has prepared a bill introducing criminal liability for misappropriation of budgetary funds for employees of the budgetary and Autonomous institutions, state and municipal unitary enterprises and other legal entities that receive funds from the budget. The bill is available . According to Hinstein, it will make it to the Duma in the near future when I get all the reviews.
The current version of article 285.1 of the Criminal code (misappropriation of budgetary funds) assumes responsibility only for “officers of the recipient of budgetary funds… approved budget, budgetary list, the notice on budgetary appropriations, the estimate of incomes and expenses”. This definition is incomplete, says Khinshtein. Under it fall more recipients of subsidies and investment from the budget. It is also money from the budget, but subsidies under article of the criminal code on misuse do not fall, he explains.
Under the current definition in the law does not include universities, medical and research institutions. “We are talking not about hundreds but about thousands of institutions, from “Mail of Russia” and ending Mopani water utilities in the regions”, — said the Deputy. The state suffers from this juggling with terms, complains Hinstein
Circle of subjects of the crime artificially low, said in the explanatory note to the bill. According to statistics from the chamber, which is contained in the note, over the past three years the signs of misuse of subsidies established in relation to 17 of the Federal state budgetary institution (fsbi) totaling 141.8 million RUB Analysis of law enforcement practice shows that in the latter decreased the number of registered crimes under article 285.1: if in 2010 there were 157 such offences in 2013 — only 45, 2014 – 31, reads the note.
In addition, note in the relevant section of the criminal code, which interprets the concept of the officials responsible for embezzlement, does not include legal entities not being state (municipal) institutions and unitary enterprises, but receive budget investments. This rule Hinstein also proposes to correct by extending responsibility for waste budgets on non-governmental organizations if they receive budget money.
Support for the court
The MP has already received the positive opinion of the Supreme court for its bill. “Given the fact that misuse of appropriations (grants) made available from the budget, the interests of the state caused considerable harm, a draft Federal law supported” — according to the opinion of the court (have). According to Hinstein, he also held consultations with representatives of the Ministry of Finance and the accounting chamber, and they also expressed their support.
The problem that affected Khinshtein, exists and is worth discussing, says the Deputy Chairman of the security Committee, Ernest Valeyev, however, this document itself he had not yet read.
Now the result is quite difficult in practice to prove the guilt of the accomplices of the officials who have helped through various Federal state unitary enterprises to carry out the theft, said the lawyer Alexei Mikhalchik. The concretization of the crime will help solve this problem, hope a lawyer.
The criminal code now contains enough compositions to bring those responsible for embezzlement of budget funds, do not agree the lawyer Hassan-Ali Borochov, who defended the ex-head of Department of property relations of the Ministry of defense Yevgeny Vasilyev. “What difference how to name a makeup crime, this will not change the situation. Now the authors propose to deal with the consequences of theft, and need — by mechanism,” says Borochov. According to the lawyer, the system of budget allocation needs to be transparent and responsible for the distribution of funds should people be interested in the fact that funds were directed to those purposes for which they were allocated.