The Supreme court banned use of the Declaration of Amnesty in all cases
Mikhail Tikhonov / Moscow-Live.ru
The Presidium of the Supreme court at the meeting of November 13 added to the position that the Declaration of Amnesty cannot be used for criminal prosecution of entrepreneurs. They also can not be the basis for tax and administrative Affairs. A copy of the explanation of the Supreme court is at the disposal of RBC.
The Declaration and the information and attached documents can not be used for excitation of Affairs about administrative and tax violations with respect to the declarant or the nominee of the property, and also can not be evidence, the document says.
Earlier, the Presidium of the Supreme court affirmed the absolute prohibition to use the Declaration of Amnesty in criminal matters, and President Vladimir Putin demanded from the government to enforce the provisions of the law on Amnesty.
The legal position of the Supreme court requested the lawyers of the owner of the company «Ust-Luga» Valery Izrailit. The businessman participated in Amnesty in 2016. Later he was arrested on suspicion of embezzlement during the construction of the Ust-Luga port in the Gulf. After learning about the participation of the businessman in the Amnesty, the FSB has made the withdrawal of the Declaration on controlled foreign companies at the Federal tax service.
This was done by the decision of Dzerzhinsky district court of St. Petersburg. With its sanctions force investigators seized documents in the Central office FTS, despite the refusal of the employees to give them voluntarily. He filed a criminal case against the investigators of the FSB in connection with the disclosure of the tax secrets. In addition, he said the Ministry of interior about the theft: after the conclusion of the entrepreneur in jail since his arrested accounts in the savings Bank disappeared about 300 million rubles.
The FSB obtained information formed the basis for three new criminal cases against Izrailit — on the transfer of funds abroad using fake documents, legalization of proceeds of crime and fraud (in accordance with article 193.1, 174.1 and 159 of the criminal code).
As stressed in the explanation of the Supreme court, Declaration and information shall be confidential tax and other state bodies and organizations, in addition to service tax, are not entitled to access them. The Declaration cannot be withdrawn even by the court only upon request of a businessman.
At the last hearing on November 12 smolninskiy district court of St. Petersburg did not take into account the position of the Supreme court and refused to exclude the Declaration and the details of her criminal case.
Business Ombudsman Boris Titov called a precedent with the withdrawal of the Declaration «a direct threat to Amnesty». Russia had undergone two phases of this Amnesty — March 2015 to June 2016 and March 2018 to February 2019. Participants were about 19 thousand businessmen. The third phase of the Amnesty will run until March 1, 2020.
Deputies in the Duma introduced a bill banning withdrawals of declarations on Amnesty
In the current situation, the word of the Supreme court no longer seems so compelling. Therefore, in the Parliament are preparing a bill that is intended to become an additional guarantee for businessmen to undergo the Amnesty. This bill introducing a ban on the use of declarations on Amnesty in criminal cases has submitted to the State Duma deputies Pavel Krasheninnikov and Andrey Makarov, reports «Rain».
The bill proposes to Supplement the code of Criminal procedure requirement that the Declaration filed during the Amnesty cannot be used as evidence in a criminal case.
In the explanatory note to the document, the deputies noted that during the preliminary investigation and in the framework of the preliminary investigation «, there are cases where special Declaration is submitted within the Amnesty of capital, is withdrawn and further used as evidence» or as a reason for initiation of proceedings.