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Experts' appeal to the President of Russian Federation

Appeal of experts and public to the President of Russian Federation

 

On amnesty of businessmen held responsible for economic crimes

04/24/2011

(published a slightly abridged)

 

To President of Russia

D.A. Medvedev

 

Dear Dmitry Anatolyevich!

<...>

The number of businessmen held criminally responsible for economic crimes was 14.87% of the total number of registered in the country economic actors for 2000-2009. <...> According to surveys, 17% of businessmen intend to leave the country due to their legal insecurity, and the number of those who do not rule this possibility out is nearly half of all entrepreneurs. There is very large number of designed cases that do not have victims and aimed at weaning entrepreneur’s property <...>.

 

Extensive criminal repression against businessmen not only excludes from active economic activities persons prosecuted, but has become a serious obstacle of the motivation for other citizens having intention for an independent economic activity. <...> That leads to a reduction in the number of working places, reduce tax revenues, affects the welfare of the people who receive salaries from the budgets of different levels.

Authorities call louder for radical improvement of the country’s investment climate. However, improvement of the investment climate is impossible without changing the criminal policy towards businessmen. <...>

Proposals to repeal or decriminalize most "defective" from a legal point of view norms of the Criminal Code on crimes in the economic sphere meet stubborn resistance of law enforcement agencies that do not want to give up the administrative rent they receive as a result of criminal legal pressure on the business.

The most recent legislative proposals on amendments to the Criminal Code, unfortunately, do not solve many legal and related with them problems, often only at the fringes of criminal policy humanization. Many proposals for real modernization and humanization of the criminal law in the economic sphere cannot overcome the obstacles existing legislative practice.

In this situation an effective measure to significantly improve the investment climate is to hold an amnesty for businessmen because:

- A significant number of businessmen are in custody under the designed cases, used as a tool for property take away;

- Many businessmen are in prison, serving sentences for the acts that did not cause real damage to the state, society or citizens, in the absence of victims - individuals and legal entities;

- Failure to change the criminal policy against the business will mean that the state is trying to build a "market economy without businessmen."

<...>

We are writing to you with the request to propose the State Duma of the Federal Assembly of the Russian Federation to <...> adopt a regulation on the amnesty, one of the main objectives of which would be a relief from the penalty of imprisonment or those accused in criminal cases for crimes connected with the business activity.

 

Signers

 

1

Alexashenko Sergey

Director of Macro-economic Research, Higher School of Economics

2

Blagoveshensky Yury

Adviser to the INDEM Foundation. Leading Researcher, department of agrology, Moscow State University

3

Vezirov Niyaz

Expert of the International Congress of Producers and Entrepreneurs,

4

Gefter Valentin

Director of NGO “Institute of Human Rights”, member of Moscow Community Council, member of Board, Human Rights Center “Memorial”, member of the Presidential Council for Civil Society Development and Human Rights

5

Glazichev Vyacheslav

Director of the Institute for innovation promotion of the Community Chamber of Russian Federation, member of Board of Community Chamber of Russian Federation

6

Grigoryev Leonid

Leading expert of NGO “Center for Legal and Economic Studies”,

Professor of Higher School of Economics, Deputy General Director, Academic Supervisor of Federal State Organization “Russian Energy Agency”

7

Zhalinsky Alfred

Leading expert of NGO “Center for Legal and Economic Studies”,

Head of criminal law department, Higher School of Economics, PhD, author of over 200 works on issues of the criminal law theory, criminology, legal sociology comparative science of law

8

Zhuykov Victor

Deputy Chairman of the Higher Court of Russian Federation,

Leading expert of NGO “Center for Legal and Economic Studies”,  PhD

9

Zaytsev Eduard

General Director of “Enisey-Nord” Ltd., Krasnoyarsk

10

Morshchakova Tamara

Deputy Chairman of the Constitutional Court of Russian Federation, member of the Presidential Council for Civil Society Development and Human Rights, PhD, professor, Honorable Lawyer of Russian Federation, Honorable Academic Figure of Russian Federation

11

Nikitinsky Leonid

Dean of guild of court reporters, journalist of “Novaya gazeta”

12

Novikova Elena

Academic Supervisor of NGO “Center for Legal and Economic Studies”,  PhD

13

Radchenko Vladimir

First Deputy Chairman of the Higher Court of Russian Federation,

Leading expert of NGO “Center for Legal and Economic Studies”,  PhD

14

Rakhmilovich Andrey

Expert of NGO “Center for Legal and Economic Studies”, partner of law firm “Padva and Partners”

15

Satarov Georgy

President of INDEM Foundation

16

Simonov Alexey

President of NGO “Glasnost Protection Foundation”, member of the Presidential Council for Civil Society Development and Human Rights

17

Soboleva Anita

Leading expert of NGO “Lawyers for Constitutional Rights and Freedoms”, lawyer, lecturer of Higher School of Economics

18

Subbotin Mikhail

General Director of NGO “Center for Legal and Economic Studies”, leading researcher of the Institute of International Economics and International Relations, Russian Academy of Science

 

19

Fedotov Andrey

Expert of NGO “Center for Legal and Economic Studies”, lawyers of Moscow region bar, PhD

20

Yurgens Igor

Chairman of Board “Institute of Contemporary Development” Foundation, Vice President of Russian Union of Producers and Entrepreneurs

21

Yakovleva Yana

Chairman of non-commercial partnership “Business Solidarity”

22

Yassin Evgeny

President of “Liberal Mission” Foundation, Academic Supervisor of Higher School of Economics, PhD

23

Reznick Henry

Chairman of Moscow City bar, member of the Community Council

24

Shohin Alexander

President of Russian Union of Producers and Entrepreneurs

25

Alexeev Sergey

Former Chairman of the Committee for Constitutional supervision, former Rector of Sverdlovsk Juridical Academy, peoples’ deputy of the USSR

26

Gorbachev Mikhail

First President of the USSR

 

Published in "Novaya gazeta".

 
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