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
Citizens accused of illegal entrepreneurship should:
Х to apply for protection of their interests to a lawyer Ц
Х not to talk to law enforcement without a lawyer or without
Х not to give evidence to law enforcement without a lawyer
present, (article 51 of the Constitution of the Russian
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
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.