The President brings together all the regional lawyer chamber of the Federal chamber of advocates (FCA) Yury Pilipenko sent a review on a presidential bill to the Chairman of profile Committee of the Federation Council Andrey Klishas. Despite this, on Wednesday, December 14, the initiative that toughens the responsibility of law enforcement officials for the illegal persecution of businessmen, has been approved by the Federation Council. However, the legal community believes that the bill does not guarantee sufficient protection of the rights of entrepreneurs.
The deadline for the investigator
A bill aimed at the protection of business against pressure from the security forces was submitted to the Duma by President Vladimir Putin in late October.
For a month he was approved in three readings by the state Duma in early December, arrived in the Federation Council. December 13, the house Committee on constitutional legislation and state construction recommended the upper house to approve the project.
The law makes changes to article 299 of the Criminal code and article 151 of the Criminal procedure code.
In particular, five to ten years increasing responsibility for attracting obviously innocent to criminal responsibility, with three to five years — the minimum punishment for illegal involvement of the innocent to justice for serious compositions UK. It also introduces the investigator’s responsibility to initiate illegal proceedings against businessmen and impeding their business activities.
The bill also envisages the transfer of cases under article 169 of the criminal code “Hindrance to legal entrepreneurial activities” in the jurisdiction of the interior Ministry to the Investigative Committee of Russia.
In his review of FPA, which includes about 75 thousand Russian lawyers indicates that it supports the concept of the bill, but recommends modifying it.
Yury Pilipenko said that the introduction of responsibility of officials for initiation of a criminal case against the “obviously innocent” businessman does not mean that entrepreneurs will be protected from unwarranted persecution. Negative consequences for employers may arise at earlier stages — beginning with pre-investigation checks, criminal cases “in fact”, not in relation to particular individuals, accounts of arrests, searches, seizure of data repositories (e.g., servers), indicate the lawyers.
“All these actions are covered by the wider concept of “criminal prosecution, which can be not connected with the moment of excitation of criminal case”, — wrote in his opinion, the President of FPA.
Another important shortcoming of the bill, in the opinion of the legal community, is that the structure of article 299 of the criminal code allows to prosecute only the investigator who initiated the case. In practice, the prosecution may initiate one investigator, and the illegal actions of another, draws the attention of the house.
But the main problem, in her view, is that in practice it will be very difficult to prove the illegality of actions of investigators, namely the fact that they were made knowingly against the innocent. Often because criminal proceedings may be instituted by formal features, which are subsequently subject to verification, indicate the lawyers.
Commenting on the opinion of the legal community, Andrei Klishas noted that the comments of FPA were discussed at the meeting of the relevant Committee of the upper house. “We will look at the practice of it [the law] application and decide whether in the future any edits or additions,” explained the Senator. He also noted that, in General, Federal chamber of advocates supported the bill.