A draft definition of “entrepreneurial” crimes was submitted to the State Duma
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The Supreme Court of Russia submitted to the State Duma a draft law clarifying in the legislation the concept of crimes related to entrepreneurial activity. The document is placed in the database of the State Duma.
The explanatory note to the project states that investigative bodies and courts “experience certain difficulties in distinguishing” criminals committed in connection with entrepreneurial or other economic activities.
The question of the need for clarification has long been raised in the Russian business community.
According to the document, crimes in the sphere of entrepreneurial activity are proposed to include those crimes that were committed by “an individual entrepreneur in the course of his independent, at his own risk, activity aimed at systematic profit-making.”
The explanatory note emphasizes that this definition is formulated in Russia for the first time.
According to the authors of the initiative, the changes will strengthen the procedural guarantees of entrepreneurs. The amendments proposed by the Supreme Court of Russia will reduce the number of cases of detention in these cases in favor of decisions on the application of milder measures of restraint to them, not related to isolation from society, primarily bail and prohibition of certain actions.
The experts interviewed by “Kommersant” doubt the success of the initiative, considering a more complex approach and a change in law enforcement practice necessary.
In February, in a message to the Federal Assembly, the President of Russia, Vladimir Putin, announced the possibility of mitigating punishment for economic crimes. He noted that the state should not allow permissiveness in this sphere, but “will bend the stick to anything”, and proposed to decriminalize “individual acts” in the sphere of entrepreneurial activity.
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