CRIMES IN THE SPHERE OF ECONOMIC ACTIVITY, Obstruction of lawful...

CRIMES IN THE SPHERE OF ECONOMIC ACTIVITY

Obstruction of legal entrepreneurial or other activities

(as amended by Federal Law No. 72-FZ of June 25, 2002)

1. Illegal refusal of state registration of an individual

An entrepreneur or a legal entity, or evasion of their registration, an unlawful refusal to issue a special permit (license) for the performance of a particular activity or evasion of its issuance, restriction of the rights and legitimate interests of an individual entrepreneur or legal entity depending on the organizational- legal form, as well as unlawful restriction of independence or other unlawful interference in the activities of an individual entrepreneur or legal entity, if these acts are committed an official using his official position (as amended by Federal Law of 25.06.2002 number 72-FZ.), -

is punishable by a fine in the amount of two hundred thousand to five hundred thousand rubles or in the amount of the wage or other income of the convicted person for a period of up to eighteen months, or by deprivation of the right to hold certain positions or engage in certain activities for up to three years with a fine in up to eighty thousand rubles or in the amount of the salary or other income of the convicted person for a period of up to six months, or by compulsory work for up to three hundred and sixty hours (as amended by Federal Law No. 60-FZ of April 7, 2010 , about 07.12.2011 № 420-FL).

2. The same acts committed in violation of an enforceable judicial act, as well as causing major damage -

shall be punished with deprivation of the right to occupy certain positions or engage in certain activities for a period of three to five years with a fine of up to two hundred and fifty thousand rubles or in the amount of the salary or other income of the convicted person for a period of up to one year, or by compulsory labor for up to four hundred and eighty hours, or by forced labor for up to three years, or by arrest for up to six months, or by deprivation of liberty for up to three years (as amended by Federal Law No. 07.12.2011 No. 420-FZ).

Note: In the articles of this chapter, with the exception of articles 174, 174 1 , 178, 185 -185 6 , 193 , 194, 198, 199, 199 and 199 1 , the large amount, major damage, income or indebtedness in a large amount is recognized as value, damage, income or indebtedness in an amount exceeding one million five hundred thousand rubles, six million rubles (note introduced by Federal Law No. 162-FZ of 08.12.2003, as amended by Federal Law No. 241-FZ of 30 October 2009, No. 60-FZ of 07/07/2010, of 27.07. 2010 No. 224-FZ).

1. Contents of terms individual entrepreneur and entity is disclosed in the Civil Code (articles 23, 48, etc.). On business and licensing, see the comment, to art. 171.

2. In order to determine what should be considered an obstruction in the implementation of legitimate business activities in the forms specified in the article, it is necessary first of all to establish what the procedure for registration and issuance of special permits is, and also the grounds and procedure for the lawful refusal to register or issue a special permit. Provisions that generally and specifically determine the procedure for registration, issuance of permits, including refusal to satisfy the relevant requests, are contained, in particular, in the Civil Code, Federal Law No. 208-FZ of December 26, 1995 "On Joint Stock Companies" (as amended on July 23, 2013), as of 09.07.1999 No. 160-FZ "On Foreign Investments in the United States" (as amended on 06.12.2011), dated 02.12.1990 No. 395-1 "On Banks and Banking Activities"; (as amended on July 23, 2013), as of 04/05/2011 No. 99-FZ "On licensing of certain types of activities" (as amended on 02.07.2013), as well as in numerous acts of executive authorities.

3. Failure in meeting legitimate registration requirements, etc. is to inform the requesting person of the official decision taken. With the issuance of an appropriate decision and the adoption of the measures envisaged to bring the applicant to the notice of this decision, the moment of the end of the crime is related in this case. The refusal must be final. Illegal should be considered a refusal in violation of the provisions of the above-mentioned regulations concerning the grounds for refusal of registration or issuing a special permit.

4. Evasion , unlike a denial, can be expressed in any actions (not only in inaction) aimed at non-compliance with the requirements of regulatory enactments on the issuance of a registration certificate or license. In fact, speech, as a rule, is about deliberately delaying the established terms of registration or issuing a special permit. The crime in this case is finished at the time of the performance of specific actions or the expiration of the period during which the actions were to be performed while in the latter case, objectively preventing anything.

5. Responsibility is also provided for other forms of obstruction of legitimate business activities. The above wording provides for so wide a range of possible offenses in a variety of forms, as far as the list of rights granted by law to persons carrying out entrepreneurial activities is wide. In particular, the practice of convicting under part 1 of the commented article of heads of municipalities for the fact that they threatened to conduct unreasonable checks forced entrepreneurs to transfer funds to specially created local funds, whose property was used for various celebrations, meetings of commissions, etc.

6. The subjective side is characterized by direct intent.

7. Among the subjects crimes should be attributed to officials whose authority is related to the registration of individual entrepreneurs and legal entities, as well as officials identified in this way in Note, to art. 285 of the Criminal Code, but on the condition that their official position allows them to really interfere with the legitimate business activities of citizens and organizations.

8. According to Part 2 of the commented article, it is necessary to qualify actions that continue to obstruct legitimate business activities, for example, in the form of unlawful interference in the activities of an individual entrepreneur or legal entity, regardless of the material law that the court has decided on the unlawfulness of the actions of an official.

9. To large damage caused by obstruction of lawful entrepreneurial activity, it is necessary to include not only real material damage, but also lost profit (Article 15 of the Civil Code), calculated taking into account the calculations given by the victims.

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