On December 12, we celebrated the 25th anniversary of the Constitution, and its Article 34 states that "everyone has the right to freely use his/her abilities and property to carry out entrepreneurial and any other economic activity, not prohibited by law". Experts at the roundtable of Pravo.ru "Criminal liability of the business community – 2018" discussed how a person should use his/her abilities to do business to ensure compliance with the laws, and how a person should protect himself/herself, if he/she failed to comply with the laws.
Opening the section on arrangement of economic security at the company, Vladimir Aleshin, a lawyer, Head of the criminal practice of S&K Vertical, noted that many leaders have a wrong opinion that a won case in arbitration proceedings gives any guarantees. "A win in arbitration proceedings against the tax service does not guarantee to the manager that a criminal case would not be launched against him/her," – Aleshin commented. He provided an example, where the arbitration court has decided that the tax claim was executed with violations and took the side of the company. However, the court did not consider the case on its merits. The company's head was of the opinion that such a document might protect him, but, as a result, he was charged with a criminal offence.
And this is not a single instance. Vladimir noted that the practice is that the courts, which consider criminal cases, very rarely take into consideration the awards of arbitration courts in determining guilt or innocence of the accused. Therefore, currently, it is not sufficient to have a legal service at the company, which would provide for legality of transactions to be made in the civil area. It is necessary to have a specialist, able to determine criminal risks of transactions to be made.
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