Translated material
: “Fraud” will be consistent with three
So far, the State Duma Committee on Criminal Law agrees on the new edition of Article 159 of the Criminal Code of the Russian Federation “Fraud” with a new description of the crime, and the Supreme Court insists on the old wording, business representatives are preparing their own, third option, with the allocation of businessmen in a “preferential” category of violators.
Business representatives are preparing to join the “Legislative race” around Article 159 of the Criminal Code - “Fraud”. While the State Duma plans to introduce “evil intent” into the definition of a criminal act, and the Supreme Court proposes to limit himself to breaking fraud on various compositions, medium -sized businesses are working on its “specialized” option. About this Polit.ru was told by the head of the secretariat of the Center for Public Procedures "Business Against Corruption" (COP BPC), lawyer Sergey Taut.
“Unfortunately, not one of the bills, nor the Supreme Court, nor the Duma committee on civil, criminal, arbitration and procedural legislation solves problems with raiding and corruption,With the persecution of entrepreneurs, ”says the lawyer. - The option of the Supreme Court expands the number of compositions. So what? Well, they will apply the law wider. The Duma version demands to prove evil intent. Well, law enforcement officers will write through the word in the protocols “obviously false”, “malicious” and so on, through the word. At the same time, the most dangerous - the universality of the article is preserved. ”
The solution to the problem, according to Taut, are the businessmen find in the introduction of the special composition “Fraud in the Entrepreneurial Sphere”.
This will rather bring a positive effect for both business representatives and entrepreneurs in general, ”said the head of the Secretariat of the Central Code of the BPC.
In particular, for entrepreneurs they are going to offer less fines and terms of imprisonment, as well as, at least, to reduce the time for the repayment of criminal record for this category.
“The public danger of criminal acts in the business sphere is much lower than any other areas. So let entrepreneurs fight in arbitration courts, and not in criminal wars with power structures. This is much more civilized, ”the human rights activist is sure.
Submission from business is planned by legislatively planned at the beginning, in the autumn session of the State Duma.
“We will just draw up our proposals in the fall by the fall and, with the help of the new business Occupation of Boris Titov and the deputies who cooperate with us, we hope to introduce novels in the State Duma,” Taut summed up.
If the legislative initiative of the “business against corruption” will be entered into the State Duma, then it will be the third in the account,After the version of the Supreme Court and prepared by the State Duma on civil, criminal, arbitration and procedural legislation by the deputy from United Russia Rafael Mardanshin (introduction is expected until the end of the spring session of the State Duma).
The Mardanshin version contains a significantly narrower definition of a criminal act. If in the current version, fraud is “there is the theft of someone else's property or the acquisition of the right to someone else's property by deception or abuse of trust”, then in the proposed Duma the need to prove the evil intent and selfish intentions of the suspect. In other words, if he was not going to deceive anyone (and, for example, he reported false information by chance), or if he was not going to enrich someone else's error, it means not a fraudster. At the same time, the bill does not concern either the amounts of fines or the terms of imprisonment.
The draft Supreme Court, on the contrary, does not concern the definition of “fraud”. Instead, he introduces six new corpus delicti, including fraud in the field of lending, receiving payments, insurance and computer information. The Supreme Court also offers fines of up to a million rubles to new compositions and imprisonment for up to six years.
In addition, the Supreme Court has already sent a negative review to the State Duma to the state of the Lower Chamber, under the pretext of the absence of a novel as such ("... these explanations are identical to the clarification given by the Plenum of the Supreme Court ..."). In the State Duma, it is believed that it is not the fact of a short story, but consolidating clarifications at the legislative level, so that they work not only for judges, but also in a pre -trial manner.
Since the two existing bills, despite the extreme dissimilarity, have already managed to conflict, another participant in the game is unlikely to defuse the situation.
However, experts look at everything that happens around 159 articles skeptical. The same Taut admitted to the Polit.ru correspondent that not one, even the best, the article option will earn, until the actually acting law enforcement supervision appears in Russia.
"Otherwise
Our law enforcement system is capable of digesting any good undertakings ",- shared the lawyer.
And the head of the Russian branch of Transparency International, Elena Panfilova, told Polit.ru that the law is generally the last thing to think about today.
“The old wording would have worked perfectly if the Russian courts adhered to the principles of the rule of law. We do not have problems with the interpretation of the law, we have problems with law enforcement. And most often these problems arise in court, where sometimes they refuse to listen even to the most obvious evidence, ”the human rights activist said.
Talks about a change in 159 articles of the Criminal Code have been going on since 2011. Today, such definitions as “baton for business” and “feeder for the Ministry of Internal Affairs” have been enshrined for this norm. According to this article , in prison there are more entrepreneurs than in all articles of the economic block of the Criminal Code.