ATTORNEY-AT-LAW
Sergei N.
Vinokurov
 
 
                                                                                   
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                                    ILLEGAL BUSINESS

 

 The attorney provides legal assistance on various issues and disputes in the areas of contract law, bargains and bankruptcy, and conflict of laws. The attorney gives legal advice related to the preparation of various contracts, bargains and disputes in courts of general jurisdiction courts  and arbitration courts.

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Law practice

The bankruptcy of entities and citizens

Arbitration courts

Conflict of Laws

Legal assistance in Civil Law

Legal services for business

Bargains support and preparation of contracts

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The In modern conditions of wild capitalism any Russian businessman is not immune from big trouble. In order to remove a competitor, companies or individuals sometimes use dirty tricks. And it is not only possible unplanned major damages or loss of business. Today, any successful entrepreneur can initiate criminal proceedings. Enough to make one little mistake, not understanding all the intricacies of our legislation.

Competitors and detractors will be happy to throw law enforcement information, and the investigator would launch a criminal case under article 171 of the criminal code. This is fraught with serious consequences: huge fines and imprisonment up to five years. In fact, to prosecute for the illegal business is possible, as the seller of ice cream, and the head of a large holding.

In Russia, illegal entrepreneurship formulated by part 1 of article 171 of the Criminal Code of Russia:

Х business activity which is carried out by breaking the rules of registration or without it;
Х either providing the body which carries out the state registration of entrepreneurs and legal. Individuals documents containing false information;
Х or implement such activities without a license - when the license is necessarily necessary;
Х violation of the requirements of the license under the condition of causing great damage to the state, organizations or citizens;
Х also the income in the large size (the amount of over 2 250 000 rubles).

If illegal business is sporadic Ц criminal liability does not occur. If there is independence and regular profit, without registering and paying taxes, it is possible to make serious trouble for illegal business.

A large number of convictions for illicit entrepreneurship - the courts often rule, citing primary evidence, (without a lawyer).
Citizens accused of illegal entrepreneurship should:

Х to apply for protection of their interests to a lawyer Ц preferably independent;
Х not to talk to law enforcement without a lawyer or without consulting them;
Х not to give evidence to law enforcement without a lawyer present, (article 51 of the Constitution of the Russian Federation).

Procedural tasks of a lawyer in the protection under article 171 of the criminal code:
Х to prove the clients innocence in the incriminated act;
Х to reclassify the alleged offence in less serious composition;
Х to achieve mitigation of a criminal penalty.

Only with the help of a professional lawyer can prove the innocence in the act of the defendant, to discover extenuating circumstances, and in some cases well-built protection able to refute the charges and seek an acquittal.

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Attorney Sergei Vinokurov. All rights reserved.
 
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