
Presidential amendments to the tax and criminal codes are fully consistent with the wishes of the prosecutor general Vladimir Ustinov and promise big problems to business. According to Kommersant , the president proposes to return the confiscation of any property as a measure of punishment for any crimes. The second initiative gives tax authorities the right to recover tax fines without the participation of the court.
The presidential bills aimed at tightening tax and criminal law have not yet received the status of official documents. However, the stage of preliminary familiarization in the government has already been held and discussed at a meeting of the commission on the legislation under the Deputy Prime Minister Alexander Zhukov.
The Criminal Code is proposed to be supplemented with the article "Confiscation of property" as a different measure of criminal law. " That is, to return confiscation as a measure of criminal punishment, which is currently not practiced. At the same time, it is proposed to confiscate not only money, values and other property received as a result of the crime, as is happening now, but also income and profit from this property. It will be possible to confiscate even property, "transferred to the convicted person to another person, if this person had reason to believe that he was received as a result of criminal actions." "That is, if the employees of the Yukos would be considered by persons who had reason to guess about the criminal actions of the head of the company Mikhail Khodorkovsky, who paid them a salary, then the funds they earned could be confiscated," the newspaper notes.
It is proposed to tighten measures not only of a criminal, but also an administrative nature. In the framework of the “improvement of dispute settlement procedures,” it is proposed to allow tax authorities to recover fines from taxpayers in an indisputable manner, that is, without a court decision. True, only if the final taxpayer in the term determined by the tax authorities (at least 30 days) himself does not appeal the decision of the tax authorities to recover fines. The fact that the taxpayer may simply lack information about the decision made by the tax authorities, the developers are not embarrassed.
To prove the need to impose a fine and its size on the taxpayer, the tax inspector will not be a court, but a higher tax authority, that is, his boss. That is, tax authorities will receive the right to independently recognize taxpayers guilty and indisputably recover tax debts, penalties and fines. The taxpayer will only have to appeal in court no longer the decision of the tax authority, but the fact of the recovery of money from it and independently prove its innocence.
Not only enterprises, but also citizens will fall under the blow. Now the question of any financial claims of tax authorities against individuals, regardless of whether this debt or a fine is decided through the court. Moreover, the tax authorities themselves must prove the guilt of the taxpayer. According to the proposed amendments, it is proposed to establish an order similar to the procedure for legal entities. That is, to recover taxes bypassing the court.
If these amendments are adopted, the inspection bodies will be able to paralyze the work or even bankrupt almost any enterprise, the publication predicts.
Having neither a clear plan of development of the country, nor ideology, the power de facto proposed its version of the national idea. And this idea is expropriation. This idea is good in that not only is able to light the wide segments of the population, but also very technological for the current government. That our security forces from different structures always knew how to do well is to catch up and take away. And whoever did not know how to - always dreamed of this, writes the Internet magazine ej.ru.
But to take it off as you have to do in the case of Yukos, for a long time and troublesome. Although the judicial power in our country is the close and obedient friend of the executive authority, it turns out very cumbersome. We need such institutional tools, such mechanisms that would allow the authorities to solve property issues at once and without unnecessary trouble, the magazine writes.
The amendments withdrawn from the President involve the excavation of property in general. In addition, property can be selected not only from terrorists and their accomplices, but also from those who are accused of fraud. And today this is a favorite and universal claim, from which practically no businessman is safe. The confiscation of property threatens those who underwent taxes.