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Amnesty of businessmen

There are three circles of problems that need to be solved to restore business-community’s credence to the state: 1. General humanization of criminal policy and modernization of criminal legislation; 2. Fundamental transformation of approaches to law enforcement practice; 3. Economic amnesty.

Amnesty of businessmen shall be the first step on the route of criminal legislation in economic sphere humanization.

Unlike the first two items, work of which demands time and resources, amnesty can be conducted fast and without any budget expenses. Along with that the amnesty can be the first real step that can allow not only to free businessmen from prisons, but can give society the signal that the state is ready for liberal changes of criminal policy in economic sphere.

Criminal prosecution of businessmen (in numbers)

Evgeny Yasin, Academic Supervisor of Higher School of Economics, does not get tired with repeating: the state machine is based on belief that every businessmen if thief by his nature. The motto of state’s relation to businessmen could be the well-known saying: “If you are not in prison yet, that is not your merit, which is our fault”. Businessmen undergo court prosecution 10 times more often than representatives of other professions.

According to the Center’s data presented to the President of Russian Federation Dmitry Medvedev in April, 2012, every sixth businessmen underwent the criminal prosecution for the last decade, it were registered over 3 Million economic crimes in the country (those that reached the court). Today about One Hundred Thousand businessmen serve sentence, up to 130 Thousand files of economic direction are suited per annum; about 75 Thousand arrests of businessmen take place. Two third of companies with their heads “fall under the article” were closed (which his 60-70 Thousand ruins per annum), about 2 Million people became unemployed.

47 per cent of businessmen who underwent prosecution have over 10 years’ experience of business activity, and 32 per cent – over 20 years. According to Center’s data criminal prosecution affected over 44 Thousand businessmen per annum from 2000 to 2009. There was sharp slump of exposed economic crimes in 2010: possibly the reason here is reform of police or ban on pretrial incarceration of businessmen. However criminal prosecution of business started with new power in 2011.

 

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Links:

Draft decision of the State Duma of Federal Council of Russian Federation “On the way of application of decision of the State Duma of Federal Council of Russian Federation “On announcement of amnesty I relation with…”

Draft decision of the State Duma of Federal Council of Russian Federation “On announcement of amnesty I relation with…”

Experts and public appeal to the President of RF. On amnesty for businessmen prosecuted to the criminal responsibility.

Presentation “Proposed amendments to the Criminal code of RF"

Amnesty of businessmen (analytical justification)

Amnesty: pro at contra

Criminal policy: statistics

Amnesty: concept

Executive summary to the draft federal law “On amending the Criminal code of RF”.

Draft federal law “On amending the Criminal code of RF”

Appeal of Center’s experts to the Vice-Premier Mr. I Shuvalov.

Analytical note on draft Federal law “On amendment to the Criminal code of Russian Federation and some separate legislative acts of Russian Federation” , September, 2011.

Novellas of Criminal code of Russian Federation (Analytical note on Draft federal law “On amending the Criminal code of RF”).

Verbatim report of roundtable on state’s criminal policy modernization, May, 2011. Main question – amnesty of businessmen.

 

Publications:

V.Radchenko, A.Zhalinsky. Criminal law: big imitation of the reform. “Vedomosty”. June 26, 2011.

V.Radchenko, A.Zhalinsky. Criminal law: policy of business’ exile. “Vedomosty”. June 24, 2011.

T.Morshchakova on amnesty. (RBC, July 7, 2011)

President D Medvedev – speech on the meeting of Council of civil society development and human rights on July 5, 2011

State of law enforcement agencies can build only market economy without businessmen. Businessmen are imprisoned. «Novaya gazeta», 24.04.2011.

Chairmen of Higher Arbitration Court protects business from investigation. Forbes, November 14, 2011.

 
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