Liberalization of the criminal legislation a little that has changed for businessmen: them both put, and put, though and under other articles. In a risk zone constantly there are the enterprises connected with the state order, building and alcohol. However, as inspectors in informal conversations speak, agents of national security any business with high profit and actives in the form of real estate interests.
every sixth Russian businessman went recently or goes now under article in the majority of such cases on people got criminal cases which then for a bribe closed. And the pre-trial detention centre is in prisons about 300 thousand businessmen. These figures have been published not so long ago by the Center of legal and economic researches and movement " Business - solidarity ". Dmitry Medvedev, having familiarised with this data, has been a little discouraged: three packages of bills were signed by him for the presidential term on liberalisation (or on a humanisation Sometimes so named) the Criminal code, and really all in vain?
On a broader scale - that all it for this reform praise. New business - the ombudsman, the chairman " Business Russia " Boris Titus, named liberalisation UK by Medvedev`s main achievement on fast of the president. From the Sovereign court report that the humanisation yields fruits: criminal cases on economic crimes became less, and what are, are considered with special attention. Both the main thing began to put less. " on 58 % now there are more than the preventive punishment which has been not connected with restriction of freedom " reported judges. And after all did not say lies. Really, businessmen with the doubled passion began to put under not economic articles not touched by liberalisation. Untouched remained also so favourite pravoohraniteljami 159 - I article (" Swindle ") And the quantity of the criminal cases got on it was not reduced, and, to the contrary, in times has grown. Before liberalisation for a year it was raised 20 - 30 thousand affairs under this article, in 2010 (when two of three mentioned packages already have been accepted) about 60 thousand Favourite methods pravoohranitelej tortures in a pre-trial detention centre, confiscation of property under the pretext of withdrawal of material evidences anywhere do not share.
articles under a signature stamp " favourite "
Article 159 is good in all senses, but special appeal to it is given by that fact that on it the victim is not required. Group of the former deputies - businessmen Vladimir Gruzdev, Andrey Nazarov and Michael Grishankov year fought in the State Duma translating article in a category it is private - public charge that just and means that in these affairs there should be a victim. Their efforts while are vain: amendments are not accepted, and statistically, on 58 thousand Criminal cases under article 159 of the criminal code of Russian Federation it is necessary only about thousand the crimes revealed under statements of victims. All other affairs are raised at the initiative of employees of law-enforcement bodies.
here, for example, Vitaly Vorbeva`s well-known business. The builder from the Arkhangelsk region of villages for seven years for swindle though the customer of works was happy and on court Vorobeva even protected. Building company Vorobeva " Strojkom " spent repair work in military unit in the city of Ahtubinsk of the Astrakhan region. Repair has been safely finished, but in the company have become interested certain pravoohraniteli. The consequence has decided to consider everything that " Strojkom " has underfulfilled or has exceeded. Vorobeva have convicted that it has dug out a hole more widely, borders has made above, and an insulating cord has put more. It as a result has developed in 12 million rbl., " stolen " at military unit. Examination at cost of all works as which inspectors have considered overestimated, was spent by the unknown woman, " having 20 - summer experience in building business ". As a result a verdict of guilty on 159 - j to article and term. After that to Vorobevu the offer has arrived to leave prison, having given the business any benefitsiaram. He has disagreed and imprisoned. However its history has ended well: the centre of public procedures " Business against corruption " has achieved cancellation of a sentence and clearing of Vorobeva, and now its business is reconsidered.
on a following place on appeal 160 - I article of the criminal code of Russian Federation (" Assignment or waste ") . On it, truth, businessmen is pursued twice less, than on 159 - j, but a share of the affairs raised at the initiative of employees of bodies, same: from 23 549 crimes only 400 are revealed under statements of victims. Open space for creativity, thus, 160 - I give the boundless. For waste sits, for example, 63 - summer Agabeg Badalov: profit own (!) Enterprises Badalov " has spent " on it, the enterprises, electrification.
hand over the goods also it is free
After decriminalization of article about contraband (federal law N420 from December, 8th, 2011) when thousand businessmen have been released from a criminal liability, the numerous facts of assignment pravoohraniteljami the property of businessmen which was passing on business in quality of material evidences began to emerge. In what sums to businessmen the criminal cases got on them have managed, eloquently inform stories of defensible businessmen.
so, last week the report on commodity corporate raid in Russia, prepared by businessman Vladimir Kudelko and his wife Loroj has been published. They not only have told the story (even before excitation of criminal case from Kudelko have withdrawn and have sold coffee party on $2 million), but also have analysed stories of colleagues It was found out that the scheme of withdrawals practically always same. Partially confiscated, and goods partially passed to responsible storage admit spoilt, it sell on underestimated in tens times to the price to intermediate firm, and that realises it already at market cost. The turned out margin shares between participants of the scheme. According to a family of Kudelko, the annual turn of commodity corporate raid of agents of national security is comparable to the annual budget of a semimillion Russian city, that is it is a question approximately about 5 - 8 mlrd rbl.
Earlier eks - the head of the company " the Three-copecks piece " Antonina Babosjuk has demanded to return it the confiscated 1,5 tons of gold. The consequence also spent under article " Contraband " it has been stopped in December, 2011. The company from the Russian market has left. Business crash has turned back for the network founder " Arbat Prestige " Vladimir Nekrasov charge in non-payment of taxes to the sum of 115 million rbl. Right after Nekrasov`s arrest and Sergey Schneider (Simeon Mogilevicha`s) its partner company losses have made 281 million rbl., and sales have fallen to third. Accused have spent one and a half year under arrest then business has been closed.
article 188 Loss (" Contraband ") And some articles of tax laws (now the businessman can avoid responsibility for non-payment of taxes, having indemnified the loss caused to the state) inspectors too easily compensate. For example, businessman Sergey Tatarintseva at the moment of signing of the next package of laws accused just on 188 - j in contraband through Russian - the Finnish border of the civil weapon. However after article about contraband was dekriminalizirovana, the inspector retrained charge with 188 - j articles on 3 - ju a part of new article 226. 1, providing responsibility for weapons smuggling.
" articles a thing any, their any businessman can show tens, Ella Panejah, the leading research assistant of Institute of problems pravoprimenenija speaks. Therefore decriminalization of articles, change of an order of prosecution lead only to one: pravoohraniteli start to run business on any to another, easily drawn, article ".
According to Panejah, inspectors simply start to apply existing article with wider and indistinct formulation, and sometimes and at all attribute any burdening article which instantly unties it hands. For example, the businessman has not obtained the licence for activity any of the kinds. This illegal business which has got after liberalisation of the criminal code of Russian Federation in the list of administrative offences. Nevertheless that he sold not licensed goods, the inspector attributes to it legalisation of criminal incomes, and it already article 174 of the criminal code of Russian Federation with all that it implies.
inventing of articles on which it is possible to accuse the businessman The owner of the business which has interested pravoohranitelej or competitors operating through them, for some inspectors and landings of other interested persons participating in schemes the present creative process. " the inspectors entering in some kind of OPG with private raiders, frequently draw the most intricate schemes in which all possible variants lawful otema business " are studied; one of employees of the Moscow police tells on the condition of anonymity. And business pravoohranitelej interests the most different.
average and sweet
" What legal business draws attention of law enforcement bodies more often? " such question was set by us to several familiar inspectors. " where there are actives and rate of return above " here the most widespread answer of our interlocutors who have wished, as usual, to remain not named.
After some meditations inspectors did specifications. One has informed that it basically average business. Another has noticed that " censures are called often by that business, which on hearing ". The third has doubted words of the second, as " to twist celebrities to itself is more expensive, a high competition from, so to say, colleagues on shop ". These revelations can shock only ignorant to the majority of businessmen all and so it is clear.
" all is correct, the more successfully the person, the it is more risk, the main expert of the Center of legal and economic researches Andrey Fedotov confirms words of inspectors. Because is what to select. Small business pravoohraniteli do not consider as a potential victim: understand that time expenses will not pay off ".
the Head of secretary of the organisation " Business against corruption " Sergey Taut specifies, which actives involve pravoohranitelej: " Clear to people in epaulets: factories, factories and other real estate which can be sold ". " Here, for example, the logistical companies they in relative security, Ella Panejah adds. Or the insurance companies, IT - firms. There all business in a head of the owner, and all other the rented premise, ten computers the big material assets does not represent ".
" In large business on a broader scale there is no accurate priority, Paul Domkin, the operating partner of lawyer bureau " is assured; Domkiny and partners ". As a rule, in this segment of the politician of criminal prosecutions it is defined by the authorities when this or that high-ranking official asks law enforcement bodies to pay steadfast attention to the certain company ".
the Dangerous customer
One more distinct criterion of vulnerability of business quantity of crosspoints with the state. On supervision of legal experts, more often others heads of the companies working with the state structures are exposed to criminal prosecution. " to potential sideltsam it is possible to carry all who works under federal law N94, that is delivers the goods or renders services to state institutions " the senior partner of the Moscow lawyer bureau " tells; Andreevy and partners " Ruslan Lisitsin. As he said, any default of the obligation is regarded here as deliberate. " more often criminal cases on economic motives directly or are indirectly connected with these contracts " he is assured.
also the dangerous mission field considers any business fastened on licensing of production. " It is possible to tell at once that under a constant sight there are those who on any step needs to obtain the permit, Ella Panejah explains. Always it is possible to freeze completely their business, without granting the licence, or to nail at any moment, without having found any separate document. These are civil engineering firms, and also that are connected with the market of alcoholic production, for example ". In the end of the last year, for example, repartition of the alcoholic market by a lack of distribution of licences in this connection the quantity of manufacturers was sharply reduced was really discussed. In a prize as was informed, have appeared on 100 % the state enterprise " Rosspirtprom " and being under its management East - the European distribution company belonging to Vasily Anisimov. Last together with brothers of Rotenbergami owns also the Moscow factory " the Crystal ". One of dealers alcohol told that representatives " Rosspirtproma " Came to it together with employees of department of economic security of the Ministry of Internal Affairs and asked to give 40 % of actions of its company peacefully, without an institution of criminal cases.
" businessmen already know what most easier to pay off, Ella Panejah speaks. It also creates corruption circulation, but nevertheless to accuse them of it it is impossible. The got criminal case means, as a matter of fact, crash. In the country are not able to let out. At us of 1,2 % of verdicts of "not guilty" also are corrected that accused almost always becomes the prisoner ". As she said, to pay off better at once: " If to business have set in motion, no bribes any more will help ". Thus, underlines Panejah, businessmen leave on freedom nevertheless more often, than usual citizens: many of the affairs got on them do not reach court as pravoohraniteli solve the problems at pre-trial detention centre level. " but there are they in anywhere, she adds. Business is destroyed by the fact of a consequence. If it during abiding of the businessman in prison have not selected, most likely, it has collapsed itself ".