President Vladimir Putin submitted to the state Duma a bill on the decriminalization of penalties for violation of the terms of repatriation of foreign exchange earnings, if the entrepreneur don’t have administrative penalties for similar violations. The President also proposes to increase the size of the tax arrears for which there comes a criminal liability. Now the acts provided for by article 193 of the criminal code (evasion of repatriation of foreign exchange earnings), considered committed in large scale if the amount of debt exceeds 9 million rubles, and especially large size — 45 million RUB. the Bill increases these values up to 100 million rubles 150 million rubles, respectively.
In the explanatory note says that the bill is needed to create a favourable business climate in the country and reduce the risks of doing business”. Russian exporters are often “faced with what is happening is not their fault the delay in the return (receive) of foreign exchange earnings”, stated in the explanatory Memorandum. Often this applies to companies, being in the foreign sanctions list.
Putin approved the mitigation of tax risks for business the Government will increase the amount of tax arrears, for which criminal liability is the Economy
at the same time the bill proposes to amend article 210 of the Criminal code, providing punishment for creation of criminal community. The application of this article to the owners repeatedly criticized the business community, experts and the Commissioner for the protection of the rights of entrepreneurs Boris Titov. Instructed to develop amendments to eliminate the use of economic crimes in this article, Putin gave at the end of a straight line June 20, 2019.
the Criminal community is different from other criminal groups a more complex structure, presence of a joint goal to obtain, directly or indirectly, a financial or other material benefit,of stated in the explanatory Memorandum. In forensic practice there is a “worrying trend” that the provisions of this article shall apply to the usual business.
to solve the problem, the Kremlin offers to take the note to the controversial article. It will be noted that the founders, managers and employees of a legal entity, and on managers and employees of structural subdivisions are not subject to liability under this article, “only because of the organizational structure of the entity”. An exception may be made if the company was deliberately created to commit serious crimes.
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