Ministry of Economic Development of the Russian Federation proposes to mitigate criminal legislation in the field of entrepreneurship

3rd April 2015

The draft document will help to expand the list of economic crimes for committing which the accused may be released from criminal liability if the offense is committed for the first time, the damage to the state is refunded and the penalty is paid.

In the frames of the implementation of measures to create a favorable investment climate it is necessary to further liberalize criminal legislation in the field of entrepreneurship. In this regard, the Ministry of Economic Development of the Russian Federation proposes to expand the scope of Article 76.1 of the Criminal Code of the Russian Federation “Release from criminal liability for crimes committed in field of economic activity”. In particular, it is necessary to provide entrepreneurs with the possibility of release from criminal liability for economic crimes of small and medium gravity.

The document, which is being drafted now, will help to expand the list of economic crimes for committing which the accused may be released from criminal liability if the offense is committed for the first time, the damage to the state is refunded and the penalty is paid. The effect of this provision will apply to the articles of the Criminal Code, where damage can be assessed, as well as it will apply to crimes of minor or moderate gravity. Revision of the final list of economic crimes, which will be covered by the Article 76.1 of the Criminal Code, will be carried out together with experts and interested institutions.

Russian courts annually review more than 40 thousand criminal cases on economic crimes; about 90% of them end with criminal penalty. In this case,every fifth convicted entrepreneur is sentenced to imprisonment, which in most cases becomes the cause of business bankruptcy or loss of business.

It is planned that the draft law will be submitted to the Government of the Russian Federation in the summer of 2015.

 

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