Alexander Gnipel has commented for the RIA “Deita” novel in Criminal Procedure Code of Russian

 

In October, the State Duma deputies plan to consider the amendments to the Criminal Procedure Code of Russian Federation about the order of the criminal proceedings institution and the verdict about the crimes in the sphere of economic activity.

We recall that, the amendments in C.Cr.P . concern the Article 140 and 241 regulating the order of the criminal proceedings institution and the verdict about the economic crimes. According to the bill, the cases related to tax crimes under Articles 198-199.2 of R.F. C.Cr.P can be instituted only upon an application from the tax authorities.

According to Alexander Gnipelya, the Lawyer’s assistant of  Inmar Legal Ltd Company – “Amendments to Article 140 are understandable, we can say that the acts under Articles 198-199.2 of  R.F. C.Cr.P do harm the society and state interests, but as the control handed over within the competence of  the Federal Tax Service authorities, and through the state authorities perform their functions, the ability to institute criminal proceedings only at the request of these authorities is quite logical. ”

For that reason, it is necessary to consider carefully criminal proceedings of other legally defined economic crimes only at the request of the competent authorities: FAS, FSFM FCS. Police and the Federal Tax Service just before trying to resolve this issue in a joint order N MM-7-2-347, according to which tax verification involved the interior officers, on the one hand allowing to conduct a tax verification, on the other hand, record the fact of the crime. Of cours, regulations of the bill unify the criminal proceedings procedure. At this moment, the cases provided for st.st.198-199.2 of the Criminal Code, are under investigation RF IC.

“In spite of the innovations, they have opportunity to abuse their right to appeal to the authorities – emphasizes Alexander Gnipel. – For example, a letter, containing information about the person who makes an offense, may be directed to the tax authority, which will be obliged to give a reasoned response. Of course, they are not obliged to inspect under the first claim, but it is possible to direct them in the right direction. The statement shouldn’t be anonymous, well, it is easy to fix by creating a nominal organization. It is important to have more detailed mechanism of the entrepreneur’s protection. Of course, the good news is that the crime is not the norm of society. ”

The most interesting and controversial thing is the amendment to st.241, according to which in the case of the consideration of the criminal case about the crimes in the sphere of economic activity based on the determination or resolutions of the court, may be declared only an introduction and resolute part of the sentence. If during the court session may be disclosed state or other privacy protected by law, including commercial, the court, in its rulings and decisions, may to examine the case in a closed court session.

“What for to fill the law with duplicating norms, sometimes it seems that such regulations are introduced to distract from something important,” – expert wonders.

In general, it is possible to observe the allocation of economic relations in a separate group of relations protected by law and state. Perhaps it is done to improve the investment climate and to attract foreign capital. One of the conditions of doing business is to save the secrets and business reputation, and also the lack of administrative pressure. In general, these amendments do not solve current problems faced by entrepreneurs.

Source: Deita.ru