MEETING OF THE CENTER FOR PUBLIC PROCEDURES “BUSINESS PROTECTION”

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23/05/2024, 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.

 

Opening the meeting, the business Ombudsman of the capital Tatyana Mineeva noted that Moscow is the only region of Russia where the number of entrepreneurs is growing and will soon reach one million. The growth of business activity is associated with state support measures, as well as the purposeful work of the Ecosystem of the Commissioner for the Protection of the capital’s business.

 

The audience, including reputable lawyers and experts, heard complaints from entrepreneurs about illegal criminal prosecution, unjustified imputation of criminal acts under Part 4 of Article 159 and Part 2 of Article 199 of the Criminal Code of the Russian Federation. The owners and managers of the companies present pointed out that the law enforcement agencies were delaying the preliminary investigation, which affects business reputation and leads to irreparable consequences for business. According to the results of hearing expert opinions and arguments of the applicants, the appeals of entrepreneurs were supported. Response measures will be taken on them.

 

The members of the Council also discussed the frequent cases of opposition to advocacy. Currently, a negative practice is being formed on giving permission by the courts to conduct searches in residential and office premises used by lawyers in their professional activities, the courts satisfy investigators’ requests for permission to interrogate a lawyer as a witness, of course, lawyers appeal against illegal searches and interrogations: they appeal to the prosecutor’s office, the FPA, the qualification board of judges, but this distracts from the protection of the principals, since the lawyer is withdrawn from the case.

 

Unfortunately, investigative actions against lawyers are becoming systemic phenomena. In the absence of proper judicial control, law enforcement agencies receive court sanctions for conducting a search, seizure of documents and thus remove an “inconvenient” lawyer from participating in a criminal case as a defender. I believe that the legal community should take an active position to protect both its professional rights and the rights of its clients,” says Tatyana Tsepkina.
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