the Ombudsman Titov proposes to legalize online-questioning runaway entrepreneurs.
the Distrust of business, law enforcement and the judicial system reached record levels. This is evidenced by the research data of the Federal security service (FSS), which is attached to the annual report prepared by the Commissioner of the President on protection of entrepreneurs ‘ rights Boris Titov (Vedomosti managed to get acquainted with the text of the survey).
a Service of special communication and information FSO asked the opinion of experts (lawyers, prosecutors, human rights activists and legal scholars), as well as businessmen, were under criminal prosecution. The survey polled 279 experts and 189 entrepreneurs in 36 regions.
Three quarters of respondents (74.3 percent) believe that doing business in Russia is unsafe — in 2017, this view is adhered to 57.1%. The share of respondents who consider that the Russian legislation does not provide adequate safeguards for the protection of business from unjustified persecution, remains virtually unchanged for the past three years remains at the level of 70-71%. But significantly increased the proportion of respondents who do not consider justice in Russia are independent and objective: 50% in 2017 to 73.8% in 2020 it is Noteworthy that he did not trust the judiciary also 57.7% of the surveyed experts.
Continues to grow and distrust of law enforcement: with 45% of respondents in 2017 to 70.3% in 2020 almost three quarters of respondents believe the qualifications of investigators was insufficient for investigation of economic crimes. And the vast majority of respondents (76.7 percent, including almost half of the representatives of bodies of Prosecutor’s office) believe that the crimes in the sphere of entrepreneurial activities should be investigated by one specialized investigative authority.
second place — a conflict with another businessman (37.6 per cent). The activity of law enforcement bodies on corruption counteraction deemed ineffective 74.1% of respondents (in 2017 there were 61,1%). But there is good news: the share of surveyed entrepreneurs ready after the criminal prosecution to continue to do business in Russia has increased over the past year, with 46,9 up to 63.5%.
84,2% of respondents reported that as a result of criminal prosecution of their business have been completely or partially destroyed. Half complains that the prosecution resulted in the loss of their health and reputation, 33,9% had lost most of the assets.
for 46.6% of the respondents were charged with article 159 of the Criminal code (fraud), while in 19% of cases — in conjunction with other offences. More than half of pending criminal prosecutions had business experience more than 10 years. Despite the ban on the arrest of entrepreneurs, almost one in five respondents was taken into custody (23,8%), 9,5% — under house arrest. Only in respect of 2.1% of them as a measure of restraint was chosen to Deposit. Entrepreneurs are the most damaging for business called seizure of Bank accounts and contacts law enforcement with contractors (at 16.9 percent) and withdrawal of documents (up 16.4%). Arrest — only in third place.
It becomes one more tool of pressure on business. Although economic crime recently provided a special procedure for seizure of material evidence, it appears that it was used only by 17% of respondents. That is, the mechanism of protection of business there, but doesn’t always work” — confirms the Deputy head of the legal service of the device Ombudsman Natalia Ryabova.
performance breakthrough in solving the problems of business in criminal law the field once again did not happen, the report of the Commissioner. The investigation and the courts continue to arrest businessmen. Operational activities and investigations continue conducted seizure of documents and electronics, the assets of enterprises is taken or arrested.
68% of complaints to the Ombudsman relate to unwarranted criminal cases, report. The basic composition of the crime, according to which entrepreneurs are subject to criminal prosecution (55% of applications to the business Ombudsman), remains a fraud, but a significant proportion of cases continue the translation result civil disputes in the criminal field.
to Avoid the transfer of corporate conflicts in criminal law plane will allow including the rejection of the broad interpretation of the concept of autonomy of a legal entity, says Titov. Now this practice allows a new owner of the company to prosecute the former owner or Manager of a company for acts committed in the exercise of those powers.
According to the Ombudsman, the necessary explanations of the Supreme court regarding restrictions on the reassessment of the economic feasibility of administrative decisions taken by the previous owners and managers, on the initiative of the new owners, who purchased the company in that financial condition in which it was at the time of transfer of ownership. The issue with the arrests of businessmen will help to solve the increased use of collateral. And to overcome the “accusatory” vessels capable of translating business cases into the jurisdiction of the court of assize, says Titov.
continue actual problem return�� home entrepreneurs, subjected to criminal prosecution. With 2018., when the world saw the first “list Titov”, in the Ombudsman’s office studied more than 100 cases of runaway businessmen. He had 11 of them, the case 21 of the applicant remain in operation, while persons abroad, faced with the inability to fully protect your rights as a participant in criminal proceedings. To solve this problem, according to Titov, it is necessary to provide in the CPC the possibility of remote interrogation, for example, by the use of approved law enforcement systems. Information about the identity of the interrogators can be certified by the Russian Consulate, or the confirmation can take place with the use of the portal “public Services” by email is QR code provides the Ombudsman.
Chairman of “OPORA Russia” Alexander Kalinin said that the problems of criminal prosecution remains the most relevant to business, despite the current crisis. The problem is so acute that the “Support” decided to create in the regions of the private office of the protection of the rights of entrepreneurs, said Kalinin, this will allow to combine efforts with the Ombudsman.
Deputy Chairman of the Duma Committee on legislation, Rafael Mardanshin said that the suggestions Ombudsman “look reasonable”. Really discussed the idea of transfer Affairs about crimes in sphere of business under the jurisdiction of the court the jury knows the Deputy. There is a certain specificity, he said: still it is the case that require special knowledge. But the case of fraud it is possible to give to the jury, he agrees.
According to him, the problem of illegal initiation of criminal cases still persists, although as an MP he sees the decline in applications for this reason. Last year, for example, managed to reverse the unfavourable trend — the use of business articles about organized crime. The problem was to convey to the President, he gave a signal to law enforcement bodies, the state Duma amended, and the number of such cases has declined.
However, very often the question is not so much in law as in law enforcement, says the Deputy. So much depends on the courts, as in this system changes though, and go, but not so fast.
Very happy to see that most of the proposals, the Commissioner departs from the structures exclusively aimed at entrepreneurs, says Kirill Titaev Institute of problems of law enforcement at the European University in St. Petersburg, — the focus of the report is on the systemic revision of the criminal and criminal-Executive��about legislation. According to experts, an effective measure could be a ban appeal on a criminal case if the damage was caused prior to the acquisition of the business: often such things is a story about almost direct extortion, said Titaev. Doubt is only that to introduce such a ban is proposed by the resolution of Plenum of the Supreme court. The problem is that often the resolution of the Plenum perceived as a political Declaration, but to focus the lower courts prefer to practice Titaev notes.
Anastasia Root
