The Ministry of Justice has developed a draft law on the partial liberalization of criminal legislation.
As part of the implementation of the President's promise to provide businesses with greater freedom of entrepreneurial activity, the agency has developed and submitted for public discussion a bill on the partial liberalization of the criminal law.
There has already been a reduction in administrative pressure (cancellation of inspections, renewal of licenses, etc.), a complication of the process of bringing to criminal responsibility for tax offenses, a new stage of the amnesty of capital, and now a reform of criminal law is ahead.
We are talking about a block of economic crimes, which will be revised in order to remove some of the risks of unreasonable criminal prosecution of entrepreneurs and alleviate pressure in the context of anti-Russian sanctions. Three offenses will completely disappear from the Criminal Code of the Russian Federation (they are not punished in the form of imprisonment, in particular, illegal business will be decriminalized), and due to inflation, it is planned to increase the amount of damage and income taken into account when initiating criminal cases and qualifying economic crimes.
The threshold values of the damage caused (significant, large, especially large) and the income received under a number of articles of the Criminal Code of the Russian Federation are supposed to be raised one and a half times. This is logical, since a significant increase in retail prices has been recorded since February. In addition, the last time the relevant amendments to the code were made in 2016, since then inflation has been more than 30%. However, the increase factor caused controversy during the drafting of the bill.
The Russian Union of Industrialists and Entrepreneurs proposed to increase the amount of damage and income by 50%, but also provide for a flexible legal mechanism for determining damage without a clear fixation of values. As a result, the project provides for a one and a half times increase in large damage in case of non-payment of taxes and insurance premiums, especially large damage in case of a part of currency violations (in the form of uncredited or unreturned funds), etc.
The bill also proposes to change the damage thresholds in articles such as fraud and production, sale, etc. unmarked goods, turnover of alcoholic products without a license. So, to attract under Part 5 of Art. 159 of the Criminal Code of the Russian Federation (fraud in business associated with deliberate failure to fulfill obligations to the counterparty), if the law is adopted, law enforcement agencies will need to prove the existence of significant damage in the amount of 25,000 rubles (and not 10,000 as before), under Part 6 of Art. 159 of the Criminal Code of the Russian Federation (the same crime, but committed on a large scale) - 4,500,000 rubles instead of 3,000,000, under Part 7 of Art. 159 of the Criminal Code of the Russian Federation (the same crime that caused especially large damage) - 18,000,000 rubles instead of 12,000,000.
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