The Supreme court held in the Thursday plenary session has clarified the concept of entrepreneurship. This clarification is very important, as various legislative initiatives aimed at easing the criminal procedural and criminal legislation in respect of business not the first year hampered by an arbitrary allocation — or rather, notesini the courts of a particular activity to the business. Now, under this concept falls the «self-undertaken at your own risk activities aimed at systematically profit from the use of property, sale of goods, performing works or rendering services by persons registered in this capacity in accordance with the law».
The highest court of the country also proposed to clarify to the courts that part 1 of article 108 of the criminal procedure code («detention») establishes a prohibition on the use of remand in custody against the suspect or the accused of committing of crimes provided by following articles of the Criminal code.
Article 171 — 174, (include the compositions «Illegal business»; «the Production, acquisition, storage, transportation or sale of commodities and products without marking and (or) application information, provided by the legislation of the Russian Federation»; «Illegal organization and conduct of gambling», «Illegal Bank activity»; «Falsification of financial documents accounting and financial reporting of the organization»; «Organization of activities to attract monetary funds and (or) other property»; «Illegal formation (creation, reorganization) of a legal entity»; «Illegal use of documents for formation (establishment, reorganization) of a legal entity»; «Legalization (laundering) of money or other property, acquired other persons a criminal way»), 174.1 («Legalization (laundering) of money or other property acquired through the Commission of a crime»), 176 — 178 («Illegal receipt of credit»; «Malicious evasion from repayment of accounts payable»; «Restriction of competition»), 180 — 183 («Illegal use of means of individualization of goods (works, services)»; «Infringement of rules of manufacturing and use of state hallmarks; «Illegal receipt and disclosure of information constituting commercial, tax or Bank secret»), 185 — 185.4 («Abuse of securities emission» and other compositions related obrotem securities), 190 — 199.2 («non-refoulement on the territory of the Russian Federation of cultural values»; «Illicit trafficking in precious metals, natural jewels or pearls»; «Acquisition, storage, transportation, processing for sale or sale of knowingly illegally harvested wood»; «Violation of rules of delivery to the state of precious metals and precious stones)» — without any other conditions.
Provided that crimes committed in the sphere of entrepreneurial activity, the prohibition on detention also offered to extend to suspects or accused under articles 159 of the criminal code — 159.3 («Fraud», and fraud in some areas), 160 («Misappropriation or embezzlement») and 165 («Causing property damage by deception or abuse of trust»).
The court has not yet adopted a draft of the plenary, the document can be amended, according to RIA Novosti.
In addition, it provides an indication of the courts in considering the «economic» Affairs to make a private ruling or decision in all cases of violations of the rights and freedoms of citizens, or other violations of law in the course of inquiry and investigation.