Azamat Khagov, Attorney of S&K Vertical, Spoke at Conference of Pravo.ru "2018 Criminal and Legal Responsibility of Business".
Azamat Khagov spoke on the topic "Security Officials and Entrepreneurs: Is it Possible to Achieve Understanding?"
In order to look into the possibility of achieving mutual understanding, at first it is necessary to understand: How did the problem of understanding arise?
- In brief: the formation of entrepreneurship in Russia (the 1990's), transition to market relations, the slippage of laws in the development of market relations.
- The tasks of entrepreneurs and security officials lay in different fields: obtaining profit/bringing to responsibility persons committed a crime.
What problems are in the way of understanding?
- The social problem of the negative image of entrepreneurs.
- Legislative control. Importance of renewal in several main fields (criminal, civil, administrative).
- Enforcement (evasion of law, broad interpretation of standards).
It is obvious that to achieve understanding, it is required, at least, to resolve the specified problems. How could it be done? Options:
- Promotion of the positive image of an entrepreneur, the formation of business, constructive relations between business and authorities.
- System approach to renewal is required. It is necessary to introduce subtle legal instruments to separate bona fide entrepreneurs from mala fide entrepreneurs. Clarify and expand the categories of individuals whose activities require less interference. Strengthen guarantees to increase investment attractiveness.
- Increased control over compliance with the procedural legislation (superior agencies, judicial control). We need entirely new approaches to the dialogue between business and the state.
What do we have now? What is the trend?
- Today: decriminalization of certain articles, introduction of amendments to the Criminal Procedure Code, in particular to Art. 108, Resolution of the Plenum of the Supreme Court No. 48 dated 15 November 2016; Resolution of the Plenum of the Supreme Court No. 33 dated 3 October 2017; measures taken by B.Yu. Titov, his initiatives; increase in revenue limits for referring businesses to small and medium-sized enterprises, etc. There is a positive trend.
Conclusion: the achievement of mutual understanding is possible if the above problems are resolved. The current economic situation may slow down the process, but the need for this becomes even more acute.
- What should we do to accelerate mutual understanding? Take an active position, namely:
- Attorneys (lawyers): report issues to the Supreme Court of the RF, form the judicial practice, etc.
- Business: establish public organizations, initiate the dialogue with the authorities, support initiatives, adjust them, etc.
The conference was extremely fruitful. The business representatives learned how to avoid getting into the risk zone, received specific tools for the adequate reaction during inspections. Hidden aspects of interference in business activities were highlighted and general problems of interaction between business and security officials were raised.
In addition to the representatives of the attorney's community, representatives of the Federal Antimonopoly Service, the Investigative Committee, the Ministry of Internal Affairs, special guests took part in the conference:
- Sergey Polonsky, Russian entrepreneur, owner and manager of one of the largest development companies Mirax Group in 2004-2011;
- Alexander Khuruji, human rights activist, public commissioner for the protection of the rights of entrepreneurs in custody;
- Andrey Vashchenko, head of the enterprise that passed though the illegal takeover; top manager of Gazprom subsidiary.
Thanks to Pravo.ru for the perfectly organized event and the opportunity to speak.