Criminal law defence of business

The Ministry of Justice is proposing to increase the amounts of fines under 36 articles of the Criminal Code relating to economic crimes

Pepeliaev Group advises that the Russian Ministry of Justice has drawn up and put out for public discussion a draft federal law on amendments to be made to the Criminal Code, specifically, on increasing the amounts of fines for having committed individual economic crimes (the Draft Law).

A draft law has been put before the State Duma regarding criminal liability for compliance with foreign sanctions in Russia A draft federal law has been submitted to the State Duma according to which compliance with anti-Russian sanctions will be treated as a severe form of an abuse of powers.

A special procedure is being revisited for initiating criminal cases for tax offences Pepeliaev Group advises that, on 9 March 2022, a Federal Law came into effect to re-introduce a special procedure for initiating the criminal cases for which articles 198 to 199.2 of the Russian Criminal Code provide.

Criminal liability has been made harsher in the bankruptcy sphere Pepeliaev Group advises that a criminal liability has been made harsher for beneficial owners and other controlling persons, as well as court-appointed administrators for their unlawful activities during a bankruptcy and for deliberate bankruptcy.

The Russian Parliament’s Lower Chamber has clarified the definition of white-collar crimes The State Duma has adopted a federal law to outline in greater detail the definition of white-collar crimes in some of its provisions.

COVID-19: criminal and administrative liability introduced for violations committed during special legal regimes

Pepeliaev Group advises that special types of liability have been incorporated into the Russian Criminal Code and the Russian Code of Administrative Offences for violations of legal regimes which have been or could be introduced against the backdrop of the coronavirus pandemic.

A Federal Law has been adopted to adjust criminal liability for tax and currency crimes

Pepeliaev Group advises that the Russian President has signed Federal Law No. 73-FZ dated 1 April 2020 to amend the Russian Criminal Code concerning liability for tax and currency crimes.

The Plenum of the Russian Supreme Court has adopted a resolution on liability for tax offences

Law firm Pepeliaev Group advises that, the Plenum of the Russian Supreme Court (the “Plenum”) has adopted Resolution No. 48 dated 26 November 2019 clarifying certain issues concerning criminal liability imposed under articles 198, 199, 199.1 and 199.2 of the Russian Criminal Code (the “Criminal Code”).

Explanations of the Supreme Court of the Russian Federation regarding specific features of liability for economic crimes Law firm Pepeliaev Group reports that the Plenum of the Russian Supreme Court has adopted a Resolution

New in the rules for state registration of legal entities and liability for violating these rules Pepeliaev Group advises that a Federal Law1 (the 'Law') has been officially published, whose adoption is aimed at preventing legal entities from being established and operated to act in bad faith (by using dummy corporate officers, providing other inaccurate information to the registration authority, etc.). The Law also aims to prevent abuse of the state registration procedure.

As of 11 March 2011, the penalties for a significant number of types of crime, especially of an economic nature, have been relaxed Pepeliaev Group advises that 11 March 2011 saw the entry into force of Federal Law No. 26-FZ dated 7 March 2011 “On amending the Criminal Code of the Russian Federation”.

Plenum of the Russian Supreme Court Clarifies the Procedure for Applying Restrictive Measures in the Form of Pretrial Detention of Individuals Suspected or Accused of Economic Crimes The Plenum of the Russian Supreme Court adopted on 10 June 2010 Resolution No. 15 “On Amendments to Resolution No. 22 of the Plenum of the Russian Supreme Court dated 29 October 2009 ‘On the Judicial Practice of Applying Restrictive Measures in the Form of Pretrial Detention, Bail and House Arrest’”.