Judicial practice: sentences and punishment under Art. 171 of the Criminal Code of the Russian Federation
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Why, our specialists will be able to help you deal with such a difficult situation?!
- Defense in economic cases is the main specialization of our board.
- By inviting a lawyer from our bar, you are essentially inviting a well-matched team of professionals united by common practice and experience.
- The reputation of the bar and the reputation of each lawyer are inextricably interconnected and are one of our fundamental assets, which we together try to preserve and increase.
- We attach great importance to confidentiality and quality of legal assistance. All lawyers of our bar constantly practice and regularly improve their qualifications, exchanging experience and studying in specialized areas.
- Among our Principals there are people with a very high social status, and at the same time, we are extremely responsible for the instructions and affairs of our Principals, regardless of their status.
Illegal business
What kind of article is this? 171 of the Criminal Code of the Russian Federation and is the “devil” really so terrible?! You may not need to be afraid, but if you have your own, perhaps small, business, and you have received strange subpoenas from police officers asking you to appear to give an explanation, you need to first think carefully and remember whether you may have once carried out activities without a license, provided assistance to someone, participated in “nominal” tenders, sent money for “cash”, sold goods without licenses and certificates?
After this, it will be much easier for you and your lawyer to understand the reasons for the call and understand how specific this article and the situation as a whole are for you.
What are the main types of illegal entrepreneurship that we encounter every day, but we don’t even realize that we are dealing with a criminal offense?
- Renting an apartment, garage, renting a car and even any equipment;
- Cargo transportation by car;
- Construction, repair work, any housework services (repairing electric stoves, repairing refrigerators);
- Translation services from foreign languages (oral or written), website creation, etc.
- Hairdressing activities at home (manicures, haircuts, etc.);
- Teaching languages, tutoring in school subjects;
- Even the sale of “anti-freeze” on the roads (here you also need to pay attention to the composition and licenses).
- Sale of goods and provision of services without the necessary licenses and certificates.
It seems to us that this is not serious, and even funny, because many people “earn money” from this, however, for each of the violations there is a punishment that entails a fine and criminal liability, up to a real prison term!!!!
When working remotely with someone or receiving clients at home, you can never be sure that he will not report this and your activity will not interest the police, practice says the opposite, especially the strict conditions of the recent self-isolation have confirmed this!
Remember! Any full-time or remote work (which is popular during the pandemic) from programming to tutoring is related to entrepreneurship and you must be officially registered (IP, Self-Employed, LLC) or executed under a civil law contract
As for the more serious form of illegal entrepreneurship, which has more “significant” cash flows, and as a result, more serious criminal consequences, namely the provision of services without a license.
Here, special attention should be paid to entrepreneurs involved in alcohol or alcohol-containing products for food purposes.
For example, “...production, acquisition, storage, transportation or sale of unmarked goods and products”, this is exactly what Art. 171.1 of the Criminal Code of the Russian Federation, that is, the legalization of products made in an underground “factory” without markings, licenses, or, as news feeds are full of under other people’s signs, which entails an additional chain of criminal articles, along with an increase in the real term of criminal liability.
Although this is more relevant for the alcohol market, we should not forget about tobacco products and other consumer goods.
So. If you have been accused of illegal business activities, it is likely that the investigation is interested in earning a “statistical plus”, because economic articles are considered the most “elite”, remember the investigator is not your friend and may forget about the objectivity and impartiality on which it is obliged be based.
What to do? Here you need the help of a qualified specialist in this field, namely a lawyer. Remember, under no circumstances should you agree to be persuaded by the investigation; be sure to seek advice from your lawyer and discuss your strategy and line of defense with him in a confidential setting.
Illegal entrepreneurship, that is, entrepreneurship without the appropriate state registration or without obtaining the appropriate license to carry out this type of activity, is one of the types of crimes in the field of economic activity - V.V.
Tolkachev, candidate of philosophical sciences.
If you do encounter unexpected interest from OBEP employees in you and your business, you should not treat it formally. Be sure to consult with an attorney you trust. Remember, lawyers are obliged to maintain anonymity and confidentiality of any conversations with you, because this is directly stated in the Code of Professional Ethics for Lawyers, so trust your lawyer with everything, down to the smallest detail, and receive competent, professional, comprehensive, and most importantly, the most prompt assistance.
To choose a lawyer you must:
- Find a lawyer with the required specialization
- Get answers to all questions about your case and make sure of the experience and necessary qualifications of the lawyer.
- Make sure the lawyer is committed to your interests. Never invite a lawyer suggested by the investigation. The lawyer proposed by the investigation will not defend your interests; it is much more important for him not to spoil the relationship with the investigation and he will perform his duties formally.
- It’s good if the lawyer you choose has examples of cases similar to yours.
Never hire a lawyer recommended by the investigation. The investigation recommends those lawyers who are convenient for the investigation. And the task of the investigation is a guilty verdict.
