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Saturday, March 24, 2018

When and where will be put 199 thousand security forces

The Russian President once again demonstrated that the problems of domestic business close to him and understandable. On Friday evening on his behalf in the state Duma was introduced a bill that threatens the security officers who were prosecuted obviously innocent entrepreneurs and those out of business, the 10-year sentence.

According to the business Ombudsman Boris Titov last year law enforcement agencies found about 255 thousand economic crimes, and filed more than 234 thousand criminal cases. But before the trial of them reached only 35 thousand Actually 199 thousand businessmen, security forces attacked for nothing. To take away the business or part of it. And maybe, just for show. Should we now expect 199 thousand landings perpetrators in the security forces? Maybe it’s time to hastily build a red zone across the country? Maybe the departments for economic crimes for all law enforcement agencies soon will have to close because of their complete depopulation?

The business community and lawyers positively greeted the initiative. Entrepreneurs have long been crying that the security forces stifle them do not give work quietly. According to the Professor of the Higher school of corporate governance Ranhigs Alexander Costanza, this is definitely the right and necessary step. “Businessmen howl. They complain that the investigators do not understand the economy and the actions of entrepreneurs are digging the grave,” said Kostanian.

But in fact, article 299 “Attraction obviously innocent to criminal liability” exists in the Russian criminal code for more than 15 years. Only now punished for her minimum amount. Too difficult, almost impossible to prove that the criminal proceedings instituted against the “obviously innocent”.

Imagine the company, in the office, but in any private company come up with a legitimate test, finding fault with each comma in the contracts, carrying on endless conversations with the Prosecutor or other investigative authorities, or simply put in isolation. And time goes by, the work of the company is idle, the partners refuse to do business with you. In General, the business collapses.


But triumph your competitors, by order of which a small share and was given this test. Here the evidence can only be evidence of the customer or the recording of a conversation with him.

Will there be effective tougher penalties under article 299, which suggests the President? There are a lot of questions. According to the Vice-President of Federal chamber of lawyers Henry Reznik, article 299 during its existence, and remained a dead weight. So hope that the situation somehow changes, not worth it.

“It is extremely difficult to prove intent in the actions of the investigators prove that they knew about the innocence of the suspect. Unlike a criminal prosecution for libel, when the opportunity to prove that he disseminated false information is very likely, then she, if not equal to zero, is extremely small. In addition, what will change from the increase of term of imprisonment? Security officials, who feed at the expense of the business, will now face not a fist with five fingers, and with ten. It can’t scare them. To work article 299 one hundred unlikely to start. It is, rather, a political, populist maneuver, the demonstration that the government remembers the problems of the business”, — considers Henry Reznik.

Alexander Kostanyan agree with him. “Nightmare business, the security forces will not cease. Need more drastic measures. For example, the abolition of the preliminary investigation, which sometimes is manipulating the evidence found and is the trial version, the conviction which is inevitable. Why not replace it with a simplified inquiry, after which the case will be referred to the court for making unbiased decisions. The change in the law in this form is a drop in the ocean. Russia, however, needed no rain, and the rain of amendments”, — said the lawyer.


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