Any illegal action that entails material damage to organizations and individuals/legal entities may be regarded as a crime against economic security. Such criminal acts occur in various areas, including business, agriculture and the national economy.
Depending on the severity of the economic crime, appropriate punishment is imposed - from fines to imprisonment for a certain period. The main articles of the Criminal Code on such violations are displayed in Chapter 22 of the Criminal Code of the Russian Federation with comments. You can get detailed advice regarding your personal situation from the lawyers of our company by asking a question by phone or using the form on the website.
Crimes in the field of economic security
Commercial activities aimed at obtaining financial benefits through abuse of power and various frauds with securities and banknotes are an encroachment on economic security. Any crime in the economic sphere is recognized as intentional, which provides for appropriate punishment.
Depending on the type of business activity, economic crimes can be divided into categories:
- violation of standards for conducting commercial/entrepreneurial activities - illegal banking transactions, legalization of illegally obtained money and others;
- violation of the interests of lenders and illegal transactions in this area - illegal loans, non-payment of the balance of debt;
- monopolization, violation of the rules of free competition - disclosure of bank secrecy;
- fraud in currency/securities through forgery of documents and banknotes;
- tax and customs disputes – non-payment of dues;
- crimes against the interests of consumers and the public - the use and production of labels in violation of legal norms.
Where to go if you have committed an economic crime? In 2021, such offenses are dealt with by the Department for Economic Security - UEB.
Note!
Anonymous requests are not accepted, and when filing a complaint against criminals, you must provide personal/contact information.
Do you have any questions?
To get the most detailed advice on your issue, you just need to follow any of the suggested options:
- Request a consultation using the form
on our website - Or just call the number: 8 800 350-83-74
Suspension of deadlines
According to standard rules, the statute of limitations begins to run from the day the crime was committed. This period ends when the verdict of the judicial authority comes into force. This happens not only after the completion of the process in the first instance, but also after an appeal to a higher court.
This means that no action by investigative or judicial authorities can exceed the established statute of limitations. Even in the event of a conviction, if this period is exceeded, the person is exempt from criminal penalties.
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Member of the Russian State Duma Committee on Non-Bank Credit Institutions. Has been involved in bankruptcy proceedings since 2015.
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The statute of limitations continues to run only if the accused person does not evade the investigative authorities or the court. Otherwise, this period is stopped and resumed only when the person under investigation is found. The period is renewed only if there is a voluntary surrender or detention by law enforcement agencies as part of search efforts.
If a circumstance of evasion from punishment is identified, the time before this incident is summed up only with the period that begins after the announcement of the accused or suspected person. If the amount of time periods before the verdict comes into force exceeds the limitation period, criminal liability cannot be assigned. Otherwise, the person involved will be punished as part of the illegal acts.
Special circumstances apply to cases where the person who committed the crime, during the limitation period, was noticed for a new unlawful act in the same or another area. In this case, for the second or subsequent case, the limitation period is considered separately. This also happens for each individual episode, but the timing is not cumulative.
The concept of a statute of limitations does not apply to cases where the punishment for unlawful acts is life imprisonment or the death penalty (replaced by imprisonment in connection with the current moratorium). When committing such actions, the accused person, if proven guilty, can be brought to justice at any time. This does not directly relate to the economic sphere, but can be prescribed while committing violent acts.
There are also situations when the accused person himself applies for an extension of procedural actions if the statute of limitations has expired. In this case, the investigation or court proceedings continue as usual.
An important point is the defendant’s petition during the trial. If he does not request release from punishment due to the expiration of the period established by law, the conviction comes into force with all its consequences.
Gravity of economic crimes
The amount of punishment for economic offenses largely depends on the correct qualification of the offense. The main criterion for separation is the severity of the crime. The general principles are based on the standards of Art. 15 of the Criminal Code of the Russian Federation.
Minor crimes
For such offenses, the penalty can be no more than 3 years in prison with the possibility of serving a sentence in the form of restriction of freedom (probation) and a peaceful resolution of the issue through reconciliation of the parties. This category also includes crimes of medium gravity, for which preventive measures of up to 3 years in prison are prescribed.
Economic crimes of medium gravity
Like previous acts, economic crimes of moderate gravity can be committed without malicious intent or through negligence. Despite this, the punishment ranges from 3 to 5 years in prison, depending on proven intent.
Note!
For this category of criminal acts, serving the sentence is determined in a general regime colony or settlement, which depends on the circumstances of the crime and the personality characteristics of the perpetrator.
In a particularly large size
By encroaching on public safety under articles against the economic order, the guilty person is liable to the fullest extent of the law. In this case, the subjective side of the deed is expressed exclusively in a deliberate form, which excludes leniency and discounts for negligence/ignorance.
The term of conviction for grave and especially grave economic crimes is 10 and 15 years (maximum), respectively.
Economic crimes: types and punishment. Article 199 of the Criminal Code of the Russian Federation.
Policy regarding the processing of personal data 1. Terms and accepted abbreviations
1. Personal data (PD) – any information relating to a directly or indirectly identified or identifiable individual (PD subject).
2. Processing of personal data – any action (operation) or set of actions (operations) performed using automation tools or without the use of such means with personal data, including collection, recording, systematization, accumulation, storage, clarification (updating, changing), extraction, use, transfer (distribution, provision, access), depersonalization, blocking, deletion, destruction of personal data.
3. Automated processing of personal data – processing of personal data using computer technology.
4. Personal data information system (PDIS) – a set of personal data contained in databases and information technologies and technical means that ensure their processing.
5. Personal data made publicly available by the subject of personal data is PD, access of an unlimited number of persons to which is provided by the subject of personal data or at his request.
6. Blocking of personal data – temporary cessation of processing of personal data (except for cases where processing is necessary to clarify personal data).
7. Destruction of personal data - actions as a result of which it becomes impossible to restore the content of personal data in the personal data information system and (or) as a result of which the material media of personal data are destroyed.
8. A cookie is a piece of data that is automatically placed on your computer's hard drive each time you visit a website. Thus, a cookie is a browser's unique identifier for a website. Cookies make it possible to store information on a server and help you navigate the web more easily, as well as allow you to analyze the site and evaluate the results. Most web browsers allow cookies, but you can change your settings to refuse cookies or to track cookies. However, some resources may not work correctly if cookies are disabled in the browser.
9. Web tags. On certain web pages or emails, the Operator may use common Internet “web tagging” technology (also known as “tags” or “fine GIF technology”). Web tags help analyze the performance of websites, for example by measuring the number of visitors to a site or the number of “clicks” made on key positions on a site page.
10. Operator - an organization that, independently or jointly with other persons, organizes and (or) carries out the processing of personal data, as well as determining the purposes of processing personal data, the composition of personal data to be processed, and actions (operations) performed with personal data.
11. User – Internet user.
12. The site is a web resource https://lc-dv.ru, owned by the Limited Liability Company "Legal Center"
2. General provisions
1. This Policy regarding the processing of personal data (hereinafter referred to as the Policy) is drawn up in accordance with paragraph 2 of Article 18.1 of the Federal Law “On Personal Data” No. 152-FZ of July 27, 2006, as well as other regulatory legal acts of the Russian Federation in areas of protection and processing of personal data and applies to all personal data that the Operator may receive from the User while using the Site on the Internet.
2. The operator ensures the protection of processed personal data from unauthorized access and disclosure, misuse or loss in accordance with the requirements of the Federal Law of July 27, 2006 No. 152-FZ “On Personal Data”.
3. The operator has the right to make changes to this Policy. When changes are made, the date of the last update of the edition is indicated in the title of the Policy. The new version of the Policy comes into force from the moment it is posted on the website, unless otherwise provided by the new version of the Policy.
4. The operator is obliged to publish or otherwise provide unrestricted access to this Personal Data Processing Policy in accordance with Part 2 of Art. 18.1. FZ-152.
3. Principles of processing personal data
1. The processing of personal data by the Operator is carried out on the basis of the following principles:
2. legality and fair basis;
3. limiting the processing of personal data to the achievement of specific, predetermined and legitimate purposes;
4. preventing the processing of personal data incompatible with the purposes of collecting personal data;
5. preventing the merging of databases containing personal data, the processing of which is carried out for purposes incompatible with each other;
6. processing only those personal data that meet the purposes of their processing;
7. compliance of the content and volume of processed personal data with the stated purposes of processing;
8. preventing the processing of personal data that is excessive in relation to the stated purposes of their processing;
9. ensuring the accuracy, sufficiency and relevance of personal data in relation to the purposes of processing personal data;
10. destruction or depersonalization of personal data upon achieving the goals of their processing or in the event of loss of the need to achieve these goals, if it is impossible for the Operator to eliminate the violations of personal data, unless otherwise provided by federal law.
4. Processing of personal data
1. Obtaining PD.
1. All PD should be obtained from the subject of the PD himself. If the subject's PD can only be obtained from a third party, then the subject must be notified of this or consent must be obtained from him.
2. The operator must inform the PD subject about the purposes, intended sources and methods of obtaining PD, the nature of the PD to be received, the list of actions with PD, the period during which the consent is valid and the procedure for its revocation, as well as the consequences of the PD subject’s refusal to give written consent to receive them.
3. Documents containing PD are created by receiving PD via the Internet from the PD subject during his use of the Site.
2. The operator processes personal data if at least one of the following conditions is present:
1. Processing of personal data is carried out with the consent of the subject of personal data to the processing of his personal data;
2. Processing of personal data is necessary to achieve the goals provided for by an international treaty of the Russian Federation or law, to implement and fulfill the functions, powers and responsibilities assigned by the legislation of the Russian Federation to the operator;
3. Processing of personal data is necessary for the administration of justice, execution of a judicial act, act of another body or official, subject to execution in accordance with the legislation of the Russian Federation on enforcement proceedings;
4. Processing of personal data is necessary for the execution of an agreement to which the subject of personal data is a party or beneficiary or guarantor, as well as for concluding an agreement on the initiative of the subject of personal data or an agreement under which the subject of personal data will be a beneficiary or guarantor;
5. Processing of personal data is necessary to exercise the rights and legitimate interests of the operator or third parties or to achieve socially significant goals, provided that the rights and freedoms of the subject of personal data are not violated;
6. Processing of personal data is carried out, access to an unlimited number of persons is provided by the subject of personal data or at his request (hereinafter referred to as publicly available personal data);
7. The processing of personal data subject to publication or mandatory disclosure in accordance with federal law is carried out.
3. The operator may process PD for the following purposes:
1. increasing the awareness of the PD subject about the products and services of the Operator;
2. concluding agreements with the subject of personal data and their execution;
3. informing the subject of personal data about news and offers of the Operator;
4. identification of the subject of personal data on the Site;
5. ensuring compliance with laws and other regulations in the field of personal data.
4. Categories of personal data subjects. The PD of the following PD subjects is processed:
1. Individuals who are in civil legal relations with the Operator;
2. Individuals who are Users of the Site;
5. PD processed by the Operator is data received from Users of the Site.
6. Personal data is processed:
1. – using automation tools;
2. – without the use of automation tools.
7. Storage of PD.
1. PD of subjects can be received, undergo further processing and transferred for storage both on paper and in electronic form.
2. PD recorded on paper is stored in locked cabinets or in locked rooms with limited access rights.
3. PD of subjects processed using automation tools for different purposes is stored in different folders.
4. It is not allowed to store and place documents containing personal data in open electronic catalogs (file sharing services) in ISPD.
5. PD is stored in a form that allows identification of the PD subject for no longer than required by the purposes of their processing, and they are subject to destruction upon achievement of the purposes of processing or in the event of the loss of the need to achieve them.
8. Destruction of PD.
1. The destruction of documents (media) containing personal data is carried out by burning, crushing (grinding), chemical decomposition, transformation into a shapeless mass or powder. A shredder can be used to destroy paper documents.
2. PD on electronic media is destroyed by erasing or formatting the media.
3. The fact of destruction of PD is documented by an act of destruction of media.
9. Transfer of PD.
1. The operator transfers PD to third parties in the following cases: – the subject has expressed his consent to such actions; – the transfer is provided for by Russian or other applicable legislation within the framework of the procedure established by law.
2. List of persons to whom PD is transferred.
Third parties to whom PD is transferred:
The Operator transfers the PD to Legal Center LLC (located at: Khabarovsk, 680020, Gamarnika St., 72, office 301) for the purposes specified in clause 4.3 of this policy. The operator entrusts the processing of PD to Legal Center LLC with the consent of the PD subject, unless otherwise provided by federal law, on the basis of an agreement concluded with these persons. Legal Center LLC processes personal data on behalf of the Operator and is required to comply with the principles and rules for processing personal data provided for by Federal Law-152.
5. Protection of personal data
1. In accordance with the requirements of regulatory documents, the Operator has created a personal data protection system (PDS), consisting of subsystems of legal, organizational and technical protection.
2. The legal protection subsystem is a complex of legal, organizational, administrative and regulatory documents that ensure the creation, operation and improvement of the legal protection system.
3. The subsystem of organizational protection includes the organization of the management structure of the CPPD, the permitting system, and the protection of information when working with employees, partners and third parties.
4. The technical protection subsystem includes a set of technical, software, software and hardware tools that ensure PD protection.
5. The main PD protection measures used by the Operator are:
1. Appointment of a person responsible for PD processing, who organizes PD processing, training and instruction, internal control over compliance by the institution and its employees with PD protection requirements.
2. Identification of current threats to the security of personal data when they are processed in ISPD and the development of measures and measures to protect personal data.
3. Development of a policy regarding the processing of personal data.
4. Establishing rules for access to personal data processed in the ISPD, as well as ensuring registration and accounting of all actions performed with personal data in the ISPD.
5. Establishing individual passwords for employees to access the information system in accordance with their production responsibilities.
6. Application of information security tools that have passed the conformity assessment procedure in accordance with the established procedure.
7. Certified anti-virus software with regularly updated databases.
8. Compliance with conditions ensuring the safety of personal data and excluding unauthorized access to them.
9. Detection of facts of unauthorized access to personal data and taking measures.
10. Restoration of personal data modified or destroyed due to unauthorized access to it.
11. Training of the Operator’s employees directly involved in the processing of personal data in the provisions of the legislation of the Russian Federation on personal data, including requirements for the protection of personal data, documents defining the Operator’s policy regarding the processing of personal data, local acts on the processing of personal data.
12. Implementation of internal control and audit.
6. Basic rights of the subject of personal data and obligations of the Operator
1. Basic rights of the subject of personal data.
The subject has the right to access his personal data and the following information:
1. confirmation of the fact of processing of PD by the Operator;
2. legal grounds and purposes of PD processing;
3. goals and methods of PD processing used by the Operator;
4. name and location of the Operator, information about persons (except for the Operator’s employees) who have access to PD or to whom PD may be disclosed on the basis of an agreement with the Operator or on the basis of federal law;
5. terms of processing of personal data, including periods of their storage;
6. the procedure for the exercise by the subject of personal data of the rights provided for by this Federal Law;
7. name or surname, first name, patronymic and address of the person processing PD on behalf of the Operator, if the processing has been or will be assigned to such a person;
8. contacting the Operator and sending him requests;
9. appealing the actions or inaction of the Operator.
10. The Site user may at any time withdraw his consent to the processing of PD by sending an electronic message to the email address, or by sending a written notification to the address: 680020, Khabarovsk, st. Gamarnika, house 72, office 301
eleven. . After receiving such a message, the processing of the User's PD will be stopped and his PD will be deleted, except in cases where processing can be continued in accordance with the law.
12. Responsibilities of the Operator.
The operator is obliged:
1. when collecting PD, provide information about PD processing;
2. in cases where the PD was not received from the subject of the PD, notify the subject;
3. if the subject refuses to provide PD, the consequences of such refusal are explained to the subject;
4. publish or otherwise provide unrestricted access to a document defining its policy regarding the processing of personal data, to information about the implemented requirements for the protection of personal data;
5. take the necessary legal, organizational and technical measures or ensure their adoption to protect PD from unauthorized or accidental access to it, destruction, modification, blocking, copying, provision, distribution of PD, as well as from other unlawful actions in relation to PD;
6. provide responses to requests and appeals from subjects of personal data, their representatives and the authorized body for the protection of the rights of subjects of personal data.
7. Features of processing and protection of data collected using the Internet
1. There are two main ways in which the Operator receives data via the Internet:
1. Providing PD by PD subjects by filling out the Site forms;
2. Automatically collected information.
The operator can collect and process information that is not PD:
3. information about the interests of Users on the Site based on the entered search queries of Site users about services and goods sold and offered for sale in order to provide up-to-date information to Users when using the Site, as well as generalization and analysis of information about what sections of the Site, services, products are in greatest demand among Site Users;
4. processing and storing search queries of Site Users for the purpose of summarizing and creating statistics on the use of sections of the Site.
2. The Operator automatically receives certain types of information obtained during User interaction with the Site, correspondence by email, etc. We are talking about technologies and services such as cookies, Web tags, as well as User applications and tools.
3. At the same time, Web tags, cookies and other monitoring technologies do not make it possible to automatically receive PD. If the Site User, at his own discretion, provides his PD, for example, when filling out a feedback form, then only then are processes of automatic collection of detailed information launched for the convenience of using the Site and/or to improve interaction with Users.
8. Final provisions
1. This Policy is a local regulatory act of the Operator.
2. This Policy is publicly available. The public availability of this Policy is ensured by publication on the Operator’s Website.
3. This Policy may be revised in any of the following cases:
1. when the legislation of the Russian Federation in the field of processing and protection of personal data changes;
2. in cases of receiving instructions from the competent government authorities to eliminate inconsistencies affecting the scope of the Policy
3. by decision of the Operator;
4. when the purposes and terms of PD processing change;
5. when changing the organizational structure, the structure of information and/or telecommunication systems (or introducing new ones);
6. when using new technologies for processing and protecting personal data (including transmission, storage);
7. when there is a need to change the process of processing personal data related to the activities of the Operator.
4. In case of failure to comply with the provisions of this Policy, the Company and its employees are liable in accordance with the current legislation of the Russian Federation.
5. Control of compliance with the requirements of this Policy is carried out by persons responsible for organizing the processing of Company Data, as well as for the security of personal data.
Responsibility for economic crimes
Depending on what article the defendant is charged with, punishment for economic violations may be of the following nature:
- a fine of 2, 10 or more times the amount of damage;
- correctional/forced labor;
- removal from a position;
- restriction/imprisonment for up to 15 years.
Note!
In 2021 Art. 76.1 of the Criminal Code of the Russian Federation has undergone some changes, which allows for exemption from criminal liability under a number of articles against economic security upon compensation of a specified amount of damage.
Limitation periods
The investigation of a crime, as well as prosecution, can be terminated if the statute of limitations for the crime has expired. Standards have been established for this item, depending on the degree of complexity of the offense:
- 2 years – crimes of economic security of minimal gravity;
- 6 years – average level of danger of the crime;
- serious crime – 10 years;
- especially serious – 15 years.
For economic crimes of international scope, as well as offenses against society, statutes of limitations do not apply.
Suspension of the statute of limitations is allowed under Art. 202 of the Criminal Code of the Russian Federation.
The meaning of statutes of limitations
This institution of criminal law is very often used in practice. The statute of limitations for economic crimes is not a rehabilitating factor. A person who has evaded responsibility through this institution remains a criminal or a suspect, except that in the end he does not suffer any consequences. For these people, statutes of limitations play a positive role.
Law enforcement agencies must also pay particular attention to the relevant time periods. The longer the investigation takes and the criminals are caught, the greater the chances of ultimately leaving this or that illegal act unpunished. That is, we can say that statutes of limitations can be seen not only as a phenomenon in favor of criminals, but also as a motivating aspect for people fighting against them.
What punishment can you face?
If we talk about liability for an economic crime, it is determined in court and can be of two types:
- administrative (implies issuing fines);
- criminal (imprisonment for a certain term).
As for the specific amounts of fines and terms of imprisonment, they can be very different - everything in this case depends on the severity of the offense itself. The investigation of almost all economic crimes is carried out by a special department of the Ministry of Internal Affairs or, alternatively, its local offices. The Chief UBEP, as well as its territorial structural units, controls the operational development. Economic crimes have a statute of limitations
