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Monday, January 22, 2018

To steal from the military will be much more expensive: for abuse under the state defense order will be punished more severely

The President in the Duma introduced a bill that would take the abuse of power in the implementation of state defense orders more serious crime than abuse in the expenditure of funds allocated to education, health and the construction of civilian objects.

In Soviet times, the theft of “socialist property” was punished much more severely than the theft of private ownership. It seems that now a “socialist property,” declared the state defense order. Photo: V. Dobrovolsky

These are our state’s priorities and that is the understanding of the main threats.

The criminal code is proposed to add two new articles. One of them will be punished for “abuse of authority” in the execution of defense procurement managers and other commercial organizations, if it caused “substantial harm to rights and legitimate interests of citizens or organizations or legally protected interests of society or the state.” The minimum punishment — the penalty from 1 to 3 million rubles, maximum — imprisonment for the term from 4 to 8 years in the package with a fine from 500 thousand to 1 million rubles. If ugliness going on organized group from the colony for a period of 5 to 10 years can not get away. Exactly the same sentence, the President proposes to prescribe for the officers in the other new article of the criminal code, 285.1 for the abuse of his position “out of mercenary or other personal interest” for execution of state defense order.

These new articles of the criminal code are included in the number of promising and even confiscation of property. The consequence will be engaged in the UK.

In all other non defense procurement abuse of authority by the management of commercial and other organizations, even if there is “substantial harm to rights and legitimate interests of citizens or organizations or legally protected interests of society or state,” the UK will continue to promise a fine of up to 200 thousand roubles or imprisonment for the term up to 4 years. If the consequences of the crime were serious — a fine of up to 1 million rubles, and you can sit down for up to 10 years. And abusing his position, officials will continue to threaten the penalty to 80 thousand roubles, or in extreme cases a period of up to 4 years in prison. If the culprit is the mayor, the Governor, the Minister or the Prosecutor, the penalty is increased to “terrible” 100-300 thousand fine or even to imprisonment for up to 7 years…

What caused a particular approach to crimes in the sphere of defense contracts?

In the explanatory Memorandum, which would have to answer this question in two paragraphs only summarizes the proposed innovations. No statistics, no justification for amending the criminal code. The Supreme court and the government in their reviews of the President’s initiative was supported without any comments.

Meanwhile in the state Duma in the autumn of 2016 lies the government bill with very similar content. Except for heads of commercial enterprises and other organizations, and warmed his hands on the state defense order, the offense is defined as the “misappropriation of funds” but the penalty was more lenient than the President: a maximum fine of up to 1.5 million rubles, and the maximum imprisonment to 8 years. And officials for violations in the sphere of defence order, the government proposed to trial for “misappropriation of budgetary funds”, providing for it more severe than in all other cases, “misuse”, punishment.

According to the regulations of the state Duma all the bills, putting up one goal and propose amendments to the same articles of the existing laws should be considered as an alternative. In conversation with “MK” head of the Duma Committee on state construction and the legislation Pavel Krasheninnikov (United Russia) said that “priority will be considered presidential initiative”. Looks like the government will have to withdraw their…


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