26 Jun 2019 18:00 / Economy
As the “order” of a competitor: Everything you need to know about the business climate in Russia
Photos: Billion Photo / Shutterstock.com
Rosstat published the final block of the macroeconomic data for may, which showed a further slowdown in the Russian economy. The main reasons are lack of investment, tax increases, rapidly emptying the wallets of consumers and force business impact.
Why is Russia often applies to the criminal prosecution of businessmen and is not used bail instead of arrest? A question during the “Straight line” President Vladimir Putin asked the head of the Association of protection of business Alexander Guruji.
Today, an increasing number of people who fall into the jail, – the social business-the Ombudsman. We have made a step forward in the business climate, but there is a step back, and very large – in criminal prosecutions. Selected still the preventive measure of arrest, including the home. The owner is deprived of the opportunity to run a business, in most cases, the company goes bankrupt, people lose jobs. We have a specific offer and You to him after the report of Titov reacted positively. We are talking about changing the approach for collateral to pledge as a measure of restraint was used more often than arrests, and this will reduce cases of mutual orders of competitors and partners. Accordingly, not as it is now will be 12 cases, by the way, no one ran away.
The head of state agreed with the Ombudsman that it is impossible to abuse arrests, particularly in the area of economic offences.
Here I fully agree with you, I’m sure you heard what I said in my address this year addressed Guruji President. – This is what I said. Can be widely used as a measure of restraint to bail? Could and should, along with house arrest, along with house arrest, is all this necessary broader to use.
Satisfied with his answer the head of state and why this issue is so important to the business community, we have learnt from Alexander Guruji.
The head of Association of protection of business Alexander Guruji. Photo: TV Channel “Tsargrad”
Alexander Guruji. Always, of course, want more. But it is reassuring that I managed to reach Titov (Titov – approx. ed.), and during this time have already begun to get response from the General Prosecutor’s office. Learned that the issue by the Supreme court. Boris Yurievich very much hopes that it will be really implemented. And the suggestions that he report to the President gave.
Replace the measure of restraint on bail will allow you to shoot, according to our estimates, approximately 70% of the so-called custom criminal prosecutions. Will disappear by itself cause, would not make sense to “order” rival partners, because it is just not economically feasible.
Yuri Pronko. You smile at the phrase “custom business”. Explain what you mean.
A. H. I analyze the practice for several years, studying every business that comes and evading me by Boris Titov. This is a very hard case that the fate of being destroyed, of businesses, people lose their jobs. In fact, we’re starting to look, it appears a custom character. It is not known how the investigation was investigating, despite the fact that they have 00 rubles 00 kopecks, but 5 examinations and a lot of visits. The impression is that all our brave police officers go free. They investigation have not spent a penny. But the wild held a number of different activities, examinations, ORM and things like that.
As a result, we see that this case is moving too quickly. One day prosecuted. Sometimes make mistakes in dates, and next day stir, and previous arrest. And so it was. Writes in his decision the investigator that “the sphere of entrepreneurial activity”, and then goes with the petition, and his attorney maintains, and says: no, it’s not entrepreneurship. We have these markers as experts tracked and make a conclusion.
Yu. p. And who “books”?
A. H. : “Order”, usually competitors. Imagine that your competitor is developing much faster and more efficiently than you. He might have more money for development, and maybe more knowledge. And you are not satisfied that he has some new markets recaptures, and you fail in sales. Accordingly, man goes out to his friend from the security forces, as a rule, these things do security at enterprises, and says, you know, they had the occasion of receiving the subsidy or incorrectly submitted documents on Bank lending, it is necessary to catch and barely slow down.
Starts. First get the necessary documents. Then open a case in order to block the work of the enterprise. And it is very easy to do. Charged with the amount is often taken from the ceiling. That is the amount that the person is charged with, did not equal the amount that the court, when versed on the merits.
History is always about the same thing – eliminate the management body of the company in jail or under house arrest so he could not sign documents, manage the business. At a time when the company without the steering, it quickly falls apart and becomes an easy prey to raiders.
In the world is this not happening! Why? Because if this crime is not connected with damage to health, the so-called category of crimes not against the person, they usually always direct such defendants before the court decision on bail, which is determined on the basis of the financial situation.
U. P. the question That you Putin and addressed.
A. H. Yes. If it is not a violent crime, the person is sent for Deposit. We have this practice is very rare. Most importantly, I analyzed and it was confirmed – no one escaped. The same case Kosygina. For a moment, is a billionaire, one of the largest enterprises. Could be a real chance at the time that the company “Yulmart”, “Rive Gauche” and a bunch of others will be destroyed.
We, when it started to support, studied all and see what bases for excitation did not exist. Nevertheless, people were put under house arrest. This means that he cannot fully control the enterprise. He was released on bail, and he fled. Moreover, he went to all investigative activities, to faster all over. Most likely, the case will be closed because there is no reason. And if he sat, the court would have figured out how to justify why he was sitting. That’s the problem.
Yu. p. And in a situation when it is falling apart, as kompensiruet, only morally – sorry, we got excited? And anyway, “sorry” is pronounced?
A. H. to be honest.
I lost the enterprise, from which pumped the raiders 2.5 billion I spent 9 months in jail. And even an official apology from the Prosecutor of the subject is still not received.
Moreover, people who fabricated the case, still working in their places, and the investigator who conducted the case, not only the diploma for the investigation of the case against me and the Director has received, but also, among other things, the promotion.
Y. P. how do you explain it?
A. H. Total impunity generates a demand to “orders” to fulfill. So there are a few problems: it is impunity and the ability to put the person beheading the enterprise. If we at the first stage moves to the deposits becomes unprofitable “order”.
The second stage starts the article, slowly practice is rolled, which can be held accountable for illegal criminal prosecution. But it needs to be high-profile cases. You need to pay attention that the investigator behaved oddly in that it was fabricated. The fact of fabrication is very difficult to prove.
Y. P. a security forces engaged in such? This is a business?
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A. H. In fact what I experienced, and in some of the regions confirmed the situation, many. It is in the part that is associated with the investigation, first of all, economic crimes.
There are a large number of violations under article 228, on drugs. There is another problem – “cane system”, they execute the plan. The people with whom I spoke while you were in detention, in moments of transport, told how fabricate cases, throw the drugs, extort money. And it is not today a big secret.
Y. P. You, among other things, said, “not to mention the bankers”. What do you mean?
A. H. If the banker, automatically considered a crook. For example, the situation of Kalmykov. High-profile case was in Rostov, in my opinion, “Capital-Bank” or something similar. Man I spent several years in jail on false charges. He said that from the Bank steal the money of depositors, and it “ordered”. And just the other day the person who “ordered”, was detained by the police. It turns out, put the wrong man spent several years in jail, proving that he didn’t deduce anything, he just did was complain, and to not interfere, to put. Such cases are, unfortunately.
The most dangerous thing when people lose faith in justice. We need to clearly observe the line between protecting public interest that citizens trust the court, and the protection of economic interests of the country.
According to our calculations, the Russian economy from illegal criminal prosecution, contract, and everything connected with it, losing a few percent of GDP.
Y. P. That is, trillions.
Photo: Paul Biryukov / Shutterstock.com
A. H. Yes, trillions. We are fighting for a fraction of a percent, people get 10 thousand rubles salary, including due to the fact that businesses are destroyed. Recently we received a request from “Baikal-T” is a Russian CPU, the pride of the country. People sitting in jail.
Y. P. I Have all of that, the remaining hair on the head move. Then, in General, the question of why the economy is not growing, it becomes rhetorical. But I guess, confirm or disprove what force is associated with those who are in any way associated with public procurement in Federal contracts, in a word, with the state budget. Am I wrong?
A. H. In Part.
Y. P. That is, the “order” can be anyone.
A. H. Perfect. Today, due to the fact that in Russia a large share of the public sector, municipal unitary enterprises, Federal state unitary enterprises, etc., they conduct various tenders. And for these tenders between companies who are working, they are each other’s “order”, such cases are. Sometimes someone has not fulfilled some sort of “rollback”, and in this case we see that not taking the work deliberately.
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J. P. You are aware what you’re saying?
A. H. Yes, I am aware of.
U. P. i.e. they do not “roll”, so they “bought”?
A. H. Yes, they are “bought” and then jailed.
Yu. p. But “rollback” is already a crime!
A. H. Of Course.
Yu. p. And the rejection of “rollback”, I’m sorry for such a formulation is also a crime.
A. H. I cite an example from life. The man laid a cable under the water for the Olympics. He’s the only one who could do this job, no one else there the bottom doesn’t know. He did the work, the cable is there, everything works. He said you’re not fulfilled, you won’t pay until we bring a “rollback”. He refused. One of those who “ordered”, even after he was arrested, and he thought his release. He spent more than four years, have lost the business before him no one even apologized.
Obvious to everyone was that the cable communications Agency working, but due to the fact that he is not “rolled”, he organized illegal criminal prosecution to discourage others were. The man lost four years of my life.
Photo: Stokkete / Shutterstock.com
Yu. p. And to “roll back” should be? Officials, security forces? Who are these counterparties?
A. H. As a rule, someone who is “in control”. Governmental agencies have a distorted motivation of management. If the private business owner is interested in profit, and it shows its profitability and, therefore, pays taxes, then when bought positions, these companies do not show effectiveness.
U. P. do I understand Correctly that there is a gasket between the first person of state-owned companies, state corporations and, in fact, those who are ready to take contract for the order of this company? And this strip distorts the picture, can change the situation?
A. H. There’s a whole system of strips. When you look at how it all works, and see the chain that draws the Federal financial monitoring service, sometimes the documents applies, you wonder how deeply we have many managers, including state-owned companies deal in offshore schemes. Just horror!
Y. P. You appealed to the President, you hoped, not only on the collateral will hear the answer, but outlined all the problems of doing business in the country. What do you think, possible changes? Putin once said not koshmarit business! It turns out, the nightmare continues.
A. H. There is hope for a large number of entrepreneurs, hundreds of thousands of people and their families who are awaiting the decision that will hold some kind of audit, will say: entrepreneurs, let them produce, give them the opportunity to revive the economy. The President said very specific things. And as for the timing of a review of the cases of entrepreneurs who sit in jail for a long time, and 210 article when entrepreneur, who well-organized business, announced the organizer of criminal community.
There is a Director, accountant, Board of Directors – all this OPS. Such cases are, unfortunately, frequent, 240 cases. Can you imagine the number of people? I’m not talking about time. This is the hardest article that you can imagine. Imagine that every accountant may be in the OPS.
We use the application 210 of the article brought the situation to that in Russia is becoming popular to look for nominee Directors. That is, people are afraid to drive now. It’s scary.
J. P. Ilf and Petrov. “Horns and Hoofs”.
A. H. And zits-the Chairman may soon become the most popular profession, if we go on at this pace. But again, the hope we have for review is. If we do that, we feel in the economy and in creating new jobs, and, of course, in GDP.
U. P. by the Way, you probably know, the newspaper “Vedomosti” published a draft decree of the Supreme court about the virtual nullification of the Statute of limitations for tax crimes. However, Boris Titov, and the RSPP and the chamber of Commerce, and all business of the Association wrote their letter with a categorical disagreement. Kind of like the Supreme court in the fall it suffered. You know where it leads, if this project will become a real ruling of the Supreme court? In Russia, just business nobody will do.
A. H. I learned about this decision at the time when he was at the St. Petersburg economic forum. When I read it, was to begin a section about the climate. We went with three entrepreneurs. I’ve shown and say: if this happens, what is all this anyway?
The scale of the problem is so serious that the cancellation of the actual timing would enable a review and initiate such a massive number of criminal cases, and most importantly around a great circle of persons, including regular employees of enterprises that the life of business is divided into “before” and “after”.
Y. P. Then there will be complete paralysis.
A. H. I’m sure the business community will have enough forces to unite in order to prevent it.
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