United Russia party members want to protect businessmenBusiness on - former “ koshmarjat “ and law-enforcement and judicial systems sabotage the presidential initiatives strengthening protection of businessmen from an arbitrariness. To such conclusion on Friday the Duma United Russia party members have come, having analysed practice of application of the presidential laws softening the criminal legislation for businessmen. In this connection United Russia party members promise to introduce in the near future the bill defining whom exactly in Russia to consider as the businessman.
for a humanisation of the criminal legislation Dmitry Medvedev in December of last year has legalised amendments to item 108 UPK the Russian Federation, having forbidden “ correspondence “ arrest of businessmen which are suspected of fulfilment of tax crimes. On April, 7th this year the president has signed one more law concerning item 108 UPK the Russian Federation, having forbidden “ correspondence “ arrests of businessmen to signs almost all economic crimes. The same law the president has made amendments to the criminal code of Russian Federation which commute punishments for separate kinds of crimes or cancel some punishments. Till now businessmen could be put for simple infringement of licence rules, for example, at rendering of bank services (item 172 of the criminal code of Russian Federation). Now it is possible to punish only for business dealing without officially obtained licence. It is completely withdrawn from the criminal code of Russian Federation of item 173 (“ Pseudo-business “) .
To a conclusion about sabotage of all these innovations the Duma United Russia party members have come on Friday at session socially - conservative club “ an United Russia “ (all at party four clubs). In clubs which in party are considered “ debatable platforms “ United Russia party members afford radical judgements and statements. They suspect power departments and judicial system of sabotage. The vice-president of the Duma committee on safety Michael Grishankov, in which opinion in Russia “ there is an unsolemn war with business “ has specified also the concrete address of the organised counteraction - “ a militian consequence “.
it is possible, to such radicalism United Russia party members, protecting businessmen, would not reach. After all presidential initiatives as has specified the vice-president of the Duma committee on the civil, criminal, arbitration and remedial legislation Andrey Nazarov, law-enforcement and judicial systems " have found validity less three months ago, and; are inert enough, and itself cannot quickly reconstruct “. But business in that, the deputy that has underlined the presidential law “ it began on - to a miscellaneous to be treated in various power departments “. Has not brought clearness and plenum of the Supreme court of the Russian Federation (VS), having stated in the decision from June, 10th the vision of that, properly to apply concerning businessmen of a short story of item 108 UPK the Russian Federation, choosing as a preventive punishment “ imprisonment “. From logic VS follows that the businessman really cannot be arrested at a consequence or judicial proceedings stage. But, as mister Nazarov has noted if to follow decision VS, “ It is possible to consider as the businessman only the one who works, without creating the legal person, that is PBOJUL “. Means, all the others - from “ the owner of small firm to the large businessman “ - on - former it is possible to arrest and hold in a pre-trial detention centre.
Andrey Nazarov, having called members of the same party “ methodically to lead up these questions to logic end “ a legislative way, has promised to start it the next week. As he said, the group of deputies - United Russia party members has already developed the bill of the next amendment to item 108 UPK the Russian Federation which in detail lists all categories of businessmen which cannot be “ in absentia “ are arrested at suspicion in fulfilment of an economic crime. He/she is the shareholder, the founder of an economic society, the individual businessman, “ councillors of directors or other joint executive office “ and also “ The person who is carrying out organizational - administrative or is administrative - economic functions in the organisation “ (that is financial direktory, bookkeepers, heads of legal services).
Besides it, Andrey Nazarov considers, it is necessary to think over how to organise an early release or reduction of terms for the businessmen already condemned under articles punishments on which are softened since April, 7th. “ the president has softened eight articles UK from head “ Crimes in economic sphere “ “ - it has reminded “ “. As the deputy has informed, having referred to data VS, last year under cancelled item 173 of the criminal code of Russian Federation “ Pseudo-business “ “ as on the basic 55 businessmen have been condemned, 62 more have received additional punishment “.
According to VS, arrived in the State Duma by deputy inquiry, most of all last year - 904 persons - judged for “ Illegal business “ (item 171 of the criminal code of Russian Federation). 134 More persons have received additional punishment under this article. Under article about “ legalisations of the money resources got as a result of commission of crime “ (item 174 - 1 criminal codes of Russian Federation) are condemned 100 persons, additional punishments were received by 590 persons. For “ hindrance of lawful enterprise activity “ (items 169 of the criminal code of Russian Federation) have been condemned two persons, two have received on it additional punishments.
as the United Russia party members consider, all these affairs “ should be reconsidered now “ as all laws softening effective standards, have a retroactive effect. “ it is necessary to declare economic amnesty “ - deputy Nazarov as does not see a different way " considers; to accelerate revision of such affairs “. However, anybody from United Russia party members does not predict, whether such amnesty is real.
In the help to businessmen which are not condemned yet, United Russia party members are ready to offer the bill reducing enterprise risks and raising protection against raiders. In “ disputes of managing subjects “ it is offered “ a large damage “ to consider losses over 3 million rbl. (now - 1,5 million rbl.), and superlarge - a damage at a rate of 12 million rbl. (now - 6 million rbl.).