a Prisoner of one of colonies of the Tver Beck Shurgaya worked as a head of a commercial firm… a month and a half. About it in edition “RG” wrote his parents. A man returning from years of overseas travel, really do not even have time to enjoy that quickly found a good job when he was offered the post of head of the commercial organization. He actually started the job when he and the chief accountant of the company was detained. The business owner is not found or deliberately not looking. As Director and accountant was accused of creating a criminal Association, gave a mind-blowing time and was sent to jail. Exactly in this situation today, hundreds, if not thousands of merchants.
Putin signed the law on credit breaks for citizens and businesses
responsibility for the organization of criminal community and participation in it has appeared in our Criminal code in 1996. The reason for the appearance was clear – had something to do with bred organized crime. Their leaders are not formally robbed and killed no one. That is to put them was impossible. Thought that this article 210 of the criminal code – was supposed to help. After all, it was possible to prosecute the crime bosses who ran the gangs. The article came out hard for the creation of a criminal community has prescribed the penalty of imprisonment from 12 to 20 years and a fine of up to 5 million rubles. For participation in organized crime – from 7 to 10 years with a fine of up to 3 million. But if a person was present at the meeting of community organizers, it was based on the same terms as for the creation organization, only with the penalty to one million rubles.
with Thehorovoe punishment prescribed occupies “the highest position in the criminal hierarchy.” For them, it provided a term of 15 years to life.
Peskov told about the prospects of new business support measures
Judge under article 210 of the criminal code of the Russian Federation, other organizations became possible after 2009. Then, in the criminal code was amended in accordance with the Convention against transnational organized crime, which adopted in new York in 2000. Since that time, the main distinctive feature of organized crime was not the “cohesion”, as it was before, and “structure”.
a Business under the amendment went very well. Any organization business structure really began to “put” in this definition. Criminal cases against businessmen from that moment began to multiply at an unprecedented rate. I had to do something.
the Head of state proposed a crucial amendment. Now the law says that under this article not subject to founders, participants, managers, members of management bodies and employees of legal entities or their structural divisions only because of the organizational structure of the organization and the “Commission of any crime in connection with the exercise of authority over the organization or in connection with the exercise of entrepreneurial or other economic activity”.
the Exception is. These are the cases when a commercial organization or its structural unit was deliberately created to commit grave or especially grave crimes.
Sergey Akhunzyanov, Chairman of the Presidium of the Moscow bar Association:
the New law limits the application of article 210 Of the criminal code. The law specified that in order to attract the founders, participants, managers and members of the management bodies and employees of the organization must prove that it was deliberately created to commit one or several grave or especially grave crimes.
the Minister of economic development called the business “not to fall into psychosis,”
And to prove this is difficult if the company duly created, registered, put on record, has the necessary licenses and certificates for activities for a long time to fulfill its obligations for taxes and duties, to partners, customers, to employees on wages, does not allow violations of the law and departmental normative acts.
Alexey Kupriyanov, the honourable lawyer of Russia:
In recent years, the fight against organized crime as the most dangerous manifestations of crime has largely become a struggle with the crimes of “white collar” in the economy. While article 210 of the criminal code was conceived 20 years ago solely for the prosecution of professional criminals.
the Trouble was that the description in article 210 of the criminal code extensive criminal organization to exactly match the structure of any legal entity. The mob has leaders, and joint – stock companies, they have a mafia structure in which each unit its tasks, there is security, there are accounting and AO system and security, and accounting. Convenient. Why go to the bandit dens when you can see the “mafia” is the nearest warehouse.
the abuse of article 210 of the criminal code began after the transfer of the consideration procesaw on this article of the courts of subjects of Federation, which until then had put a complete ban on its unjust imputation, to the level of district court. And now the President has set the limit for this abnormal situation. It is unfair to condemn the looting of property for terms greater than for the double murder. There is another big plus from the new law. Law enforcement agencies will have to intensify the suppression of the activities of these mobsters. Because to embellish the statistics due to the “white collar” will no longer be possible.
the Cabinet will receive 2.6 billion roubles for urgent needs of small and medium business
the New law according to article 10 of the criminal code is retroactive and applies to all prisoners who have the characteristics described in this “special subjects”. In the near future, all judgements managers, bookkeepers and other employees of any legal entities, in addition to created specifically to commit crimes, should be reconsidered. For this purpose the convict must submit to the court at the place of punishment the application for enforcement of its judgment in accordance with the new law. And if someone is denied, you should appeal the refusal to the Supreme court. The Supreme court in any case will issue a clarification, clarifying the scope of the revision.
In criminal cases still in the investigative bodies and the courts, criminal prosecution of business leaders and workers ‘ organizations as leaders and members of “criminal organizations” should be terminated. Defenders of such persons in detention should immediately file a petition to change the measure of restraint on not connected with imprisonment.
*This is an extended version of the text published in the “RG”