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not to render pressure upon businessmen - nowadays already the former head of Federal Agency of tax police (FSNP) Michael Fradkov every time received such commission from president Vladimir Putin during working meetings. Head FSNP promised not to press, though very much it would be desirable. Simultaneously it would be desirable new powers. And policemen regularly received them. Were not lost yet under cargo of the powers - on March, 11th the president has signed the decree about abolition FSNP. So to themselves policemen have dug a hole own hands.
From investigations to prosecution
Tax policemen far not the Russian invention. The structures similar FSNP, exist and in other countries. Unique difference - practically anywhere they are not independent law enforcement body, and are in submission at other departments. However, the Russian tax police originally reflected by the same principle. On March, 18th, 1992 at the State tax service (now this Ministry of Taxes and Tax Collection) has been created by the decree of the president the Main control management of tax investigations (staff of 12 thousand persons) - a prototype of the future tax police.
however within the limits of tax service it seemed to policemen closely. A result - in 1995 the independent Federal Agency of tax police (staff FSNP made 53 thousand persons) which had unique powers has been formed.
on the one hand are possibilities of the tax department, having the right to spend checks of tax bearers, and with another - law enforcement body functions with all that it implies. Unique restriction - to pursue citizens and raise in their relation criminal cases policemen could only under two articles of the Criminal code connected with non-payment of taxes. However, and it sufficed with interest. Not the policeman, certainly, and to tax bearers. It is enough to remember regular masks - show without which almost any visit of policemen to businessmen did not manage.
with coming into force on January, 1st, 1999 the Tax code of power of policemen have a little suffered: they were deprived by the rights to spend tax checks. (Subsequently policemen repeatedly and even it is sometimes successful - see the inquiry - undertook attempts to return the lost.)
But it only has provoked policemen. In 1999 pursuit FSNP of new powers which as a result has ruined tax police also has begun.
“ It is necessary to replace a signboard “
on December, 30th, 1999, on the eve of the resignation, Boris Yeltsin has signed amendments to the law “ About operatively - razysknoj activity “ according to which FSNP has acquired the right to listen to telephone conversations and to read mail of citizens (earlier FSB and the Ministry of Internal Affairs had the right to it only), and in the spring of 2000, according to amendments in Criminally - the remedial code, policemen also have allocated with the right to carry on an investigation not under two articles of the Criminal code connected with non-payment of taxes, and at once under 27 articles, including illegal storage of the weapon.
Simultaneously head FSNP of that time Vyacheslav Soltaganov has started to lobby actively idea of transformation of tax police in police financial - the body tracing all financial streams and investigating not only tax, but also all other crimes in financially - credit sphere, including washing up of capitals and protection of investments. FSNP even has prepared the bill of transformation of tax police in police financial. “ De - fakto we already were beyond purely tax crimes. It is necessary to issue it legally - to replace a signboard “ - Vyacheslav Soltaganov in the summer of 2000 on one of meetings with the president has declared. By the way, this idea was pleasant to the president.
however, as well as Vyacheslav Soltaganova`s other offer - to create along with financial police also financial investigation. “ we should work over creation of financial investigation. In Russia there should be such organisation which will trace movement of financial streams. That is the law that the information on certain operations in bank sphere, with real estate, with securities without fail should go to certain structure should be passed... There should be a transparency that dirty money " was not laundered; - mister Soltaganov argued. Thus it obviously was not against powers of scouts have got to policemen: “ Russia should be defined, what structure will incur this burden and will lead all the others behind itself. We are ready to take such step, we have already ripened “. Did not leave. Functions of financial investigation have got to committee on financial monitoring at the Ministry of Finance. And signboard FSNP and has not replaced.
unlike the president who supported undertakings of policemen at least in words, excessive activity FSNP was not pleasant to the Ministry of Internal Affairs from the very beginning. Still: policemen constantly came it on heels, winning for itself new front of work.
“ We not against creation of financial police, one more supervising department. But we against monopolisation. As a matter of fact, the basic part of crimes in credit - financial sphere is revealed by us. I think, 85 % at least. In total for the first half of the year 2000 by all law enforcement bodies it has been revealed 216,1 thousand economic crimes. From them law-enforcement bodies reveal 88 %, by tax police - only 15 107 crimes, or 6,9 %... In general the tax police takes the worthy place, but we consider that objectively, on loading, by experience of operative work, we can quite make it a competition “ - Vladimir Makarov spoke in interview of deputy chief GUBEPa.
Parents - to the detector
With arrival on a post of director FSNP in the spring of 2001 of Michael Fradkov the competition to the Ministry of Internal Affairs became even more rigid. Even in spite of the fact that the new director publicly otkrestilsja from idea of the predecessor to transform tax police in the financial. As he said, a question on transformation of department in financial police “ it is not basic, powers the policeman and so quite suffices “.
Actually it dissembled a little. Really, the question of the name had for it no special value - unlike powers. And Michael Fradkov began to achieve and as a result has achieved their next expansion.
since July, 1st, it agree UPK, the number of articles of the Criminal code subordinated by tax policeman has grown with 27 to 53. So to be crossed in work with militia police steels even more often, than earlier.
Policemen could not to it naradovatsja. In particular, the chief of department of inquiry of main investigatory management FSNP Ivan Solovev on one of a press - conferences in paints described, how henceforth tax policemen can lead up to business court about illegal return of the VAT from the budget, that is swindle (till now swindle was in conducting the Ministry of Internal Affairs).
But also on it FSNP to stop was do not intend. Last year policemen actively lobbied amendments to the Criminal code, allowing to confiscate property of the at fault tax bearers (amendments while zavisli in the State Duma). Last innovations which have left walls FSNP, is an order on the statement of an order of carrying out of preventive actions concerning tax bearers (up to conversations with members of a family of businessmen), and also the order in which it is a question of an order of use of the lie detector in work of policemen with citizens. Hearings went that the party of detectors is already bought, and policemen wait will not wait the first clients on cross-questionings.
all hardly there is more than month back, on January, 22nd, 2003, acting at the expanded session of board FSNP, Michael Fradkov solemnly reported: “ the Tax police was definitively generated as independent law enforcement body. In 2003 work on realisation of the concept of development of federal bodies of tax police approved by the president on 2002 - will be continued 2004. Any essential course changes will not be “.
However the course all - taki has changed. Apparently, the president was tired to observe, how two departments, the Ministry of Internal Affairs and FSNP, as a matter of fact being engaged same - struggle against economic crimes, constantly create problems to businessmen, including the diligent. It became obvious that it is quite enough one bludgeon. And it remains in hands of the Ministry of Internal Affairs.
Where the native land will send
About what further destiny of the former employees still recently so powerful department while it is possible to guess only: podzakonnyh certificates, departmental instructions, even more or less distinct oral orders in this respect did not arrive. The guide to action only the decree of the president concisely stated by the head of the state: “ to Abolish Federal Agency of tax police of the Russian Federation with its transfer financially - technical base and regular number in again created body on struggle against drugs and psychotropic substances. Functions on revealing, the prevention and suppression of tax crimes to transfer in the Ministry of Internal Affairs of Russia “.
All as though is clear, but at the same time it is clear nothing: how many that whom and how to transfer who it will order all also who for all it if something happens will answer? Responsible ranks FSNP and the Ministry of Internal Affairs, with which correspondents “ Money “ Have talked in the very first days after a decree exit, stayed in some confusion.
so, in day of announcement of the presidential decree, on March, 11th, in all managements FSNP have passed meetings on which generals have finished to heads of departments three main at that point in time orders: not to panic, to dismiss nobody and “ to keep people from premature dismissals “. On questions of officers that with them will be now, generals answered that know nothing, but “ the decree of the president we as state employees, have not the right to discuss “. Data which had in the Ministry of Internal Affairs, have appeared also indistinct. Affirmed that to them can pass from 13 to 33 thousand former policemen.
Remained should arrive on service in the State Committee created by the same decree on control over illegal circulation of narcotic and psychotropic substances. Together with all property, including lie detectors. Only to test on a polygraph the former policemen henceforth will be not tax bearers, and addicts. Has headed the State Committee the former plenipotentiary of the president in Severo - the Western federal district Victor Cherkesov. As he has declared, at the new State Committee will be “ all necessary levers and powers “ for struggle against a drug trafficking.
as to that part of policemen which will pass in the Ministry of Internal Affairs it as have informed in the ministry, there will be field investigators and inspectors FSNP. Them “ will strengthen “ employees GUBEPa also will create from them management on struggle against tax crimes at the Ministry of Internal Affairs. Till this time those employees GUBEPa who will unite with policemen will be engaged in tax crimes.
as all it will look, until recently did not represent neither policemen, nor militiamen. However both those and others asserted that anything terrible has not occurred. Militiamen - ubepovtsy declared that with functions FSNP they and well consulted earlier, as “ before creation of police we were engaged in it “. And chiefs of departments and departments FSNP among whom the former regular officers of a state security prevailed, said that they as people military men, will be “ to serve there where the native land will send “.
it is curious that the tax police of all has not lived week to the 11 - letija which should be marked on March, 18th. In 2000, according to the decree of the president, this day has been declared by Day of tax police. Now policemen need to celebrate the abolition and to wait for new orders of the president. And at the same time to have a rest from excessive powers.
GALINA LJASHENKO, MAXIM STEPENIN