MEETING OF THE CENTER FOR PUBLIC PROCEDURES “PROTECTION OF BUSINESS”

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02/10/2024 at the site of the Federal Chamber of Lawyers of the Russian Federation, a meeting of the Public Council of the PSC “Protection of Business” under the Commissioner for the Protection of the Rights of Entrepreneurs in Moscow was held, which was attended by Tatyana Tsepkina.

 

According to the established tradition, the business Ombudsman of the capital Tatyana Mineeva addressed the participants of the meeting, who noted that consideration of business appeals at the expert level by members of the Council with a comprehensive and complete study of all the circumstances of the crimes incriminated to businessmen makes it possible to develop effective measures to protect the rights and legitimate interests of applicants.

 

The experts discussed the appeals of two entrepreneurs who are being prosecuted for crimes in the field of taxation and fraud. The participants of the meeting drew attention to the systemic nature of the problem associated with the disregard by investigators of the norms of the Criminal Procedure Code on prejudice, on the transfer of civil law relations into criminal law relations. Thus, according to one of the considered appeals, a criminal case was initiated in contrast to court decisions previously rendered by arbitration courts on invalidation of a decision of a tax authority. It was decided, along with the minutes of the meeting, to prepare a reasoned appeal to the Prosecutor’s Office of the city of Moscow indicating the systemic nature of the problem.

 

It is with great regret that we have to state, and L&P’s practice in tax cases confirms that not only investigators, but also courts considering criminal cases allow non-application of prejudice, when judicial acts issued by their colleagues are not recognized and are not taken into account when passing sentence. The identification of systemic problems by the PSC experts and the adoption of appropriate response measures allows us to draw the attention of the authorities to the emerging vicious practice,” says Tatyana Tsepkina.
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