State Duma of Russian Federation
Committee for civil, criminal, commercial and procedural legislation
of the participants in the parliamentary hearings on the topic:
«On the conceptual framework for the modernization of criminal legislation in the economic sphere»
(16 September 2010 Maly hall)
Based on the results of discussion of the Conceptual Framework for the modernization of criminal legislation in the economic sphere, the participants in the parliamentary hearings have come to the following conclusions:
1. Further humanization of criminal legislation is imperative, and in first order in the economic sphere. The approach to reforming criminal legislation that is proposed by the Conceptual Framework appears as a condition of no little importance for a rule-of-law state and civil society.
2. Decriminalization of a series of corpora [delicti] prescribed by the Criminal Code of the Russian Federation is imperative.
3. Further improvement of criminal legislation assumes a reduction of the sphere of application of detention on account of alternative measures of restraint for all citizens.
4. The courts must not be perceived of by society as an instrument of political struggle.
5. In consideration of the fact that one of the main problems in the practice of the application of the law, is discretion (“judicial discretion”, as well as the discretion of official persons of the organs of investigation), leading to significant violations of the rights of citizens, and being a corruptiogenic factor, in first order, the introduction into criminal legislation of changes that will be aimed at reducing the level of repression and establishing barriers to the expansive interpretation of criminal norms is imperative..
6. Deprivation of liberty is not always an effective punishment. In particular, if what is being spoken of is economic crimes, in situations when the harm caused to a person or the state is not attributed to the large or particularly large category, measures of economic (property) liability are more effectual.
7. In a series of situations, the norms of the Criminal Code of the Russian Federation are not coordinated with the provisions of other codified normative legal acts, and, in first order, with the Code of the Russian Federation on Administrative Offenses.
Taking what has been set forth above into consideration, as well as, the proposals and remarks received during the conducting of the parliamentary hearings, the participants in the parliamentary hearings recommend to the deputies of the State Duma of the Federal Assembly:
- to address the President of the Russian Federation with the objective of creating a Council for the Modernization of Criminal Legislation;
- to provide for an analysis of the proposals received from citizens, organs of power and organizations with respect to the problems indicated above in order to take them into account in the elaboration of the corresponding draft laws;
- to introduce in the Criminal Code of the Russian Federation a change establishing that the terms, understandings, principles and institutions, in particular, of civil and tax legislation may be applied in criminal law only in that sense in which they are used in the codified acts of the corresponding legislation;
- to continue a broader and more professional discussion of the carrying out of “economic amnesty”;
- to introduce in the draft of the federal law "On the Investigative Committee of the Russian Federation an amendment on the maintaining of statistics by the Investigative Committee and mutual interaction with the organs of justice during the drawing up of a summary statistical report (analogous to the corresponding provisions of the FZ [Federal Law] "On the Supreme Court of the Russian Federation’s Judicial Department").
In consideration of the proposed changes to the Criminal Code of the Russian Federation in the part of:
• abandonment of criminal liability for entrepreneurs with respect to corpora delicti not connected with the causing of harm;
• abandonment of the classification of income obtained in violation of the rules for conducting economic activity as a feature of a criminal act equated with harm;
• expansion of the circle of criminal cases the initiation of which is carried out exclusively upon the application of the injured party;
• abandonment of the classificational feature of the commission of crimes by a group of persons –
- to work on the possibility of introducing corresponding changes into the Code of Criminal Procedure of the Russian Federation.