MEETING OF THE CENTER FOR PUBLIC PROCEDURES “BUSINESS PROTECTION”

18/07/2024, a meeting of the Public Council of the Business Protection Center under the Commissioner for the Protection of the Rights of Entrepreneurs in Moscow was held, which was attended by Tatyana Tsepkina.

 

Tatyana Mineeva, the Business Ombudsman of the capital, addressed the participants of the meeting with a welcoming speech, noting the positive statistics on the results of consideration of appeals from entrepreneurs related to the activities of law enforcement agencies, when it was possible to achieve full or partial restoration of violated rights of entrepreneurs.

 

During the meeting, the appeals of entrepreneurs with complaints about the illegality and unreasonableness of initiating criminal cases on economic criminal charges, as well as crimes against property, were considered.

 

According to one of the appeals, Tatyana Tsepkina conducted a legal examination. The answers to the examination questions were heard by the participants of the meeting. After clarifying questions to the applicant and his lawyer, it was decided that it was necessary to take measures to respond to violations of the rights of the accused and his lawyer for not providing sufficient time to prepare for the defense, as well as limiting time when reviewing the materials of the criminal case.

 

“In the materials of the appeal, there are signs of a systemic problem related to the resolution of a civil dispute through criminal prosecution. Non-fulfillment of obligations under the loan agreement provides for civil liability, which was realized by the injured party – the Bank by applying to a court of general jurisdiction, as well as in the arbitration process through the inclusion of claims in the third queue of the debtor’s creditors register. But the subjective approach of the investigating authorities to the assessment of civil law contracts leads to their making illegal decisions. As L&P practice shows, with timely entry into the case of a lawyer, employees of investigative bodies reduce their unjustified activity, try not to make deliberately illegal decisions,” says Tatyana Tsepkina.