News Release
21.01.2010
fMW. The President of Russia Dmitry Medvedev signed a Federal Law about the modification of the Criminal Code and the Criminal Procedure Code of the Russian Federation which aims at increasing the efficiency of counteraction to corporate raids. Today, we are speaking with the Minister of Interior of Russian Federation Rashid Nurgaliev about the enacted Law and about measures which are already taken for struggle against this dangerous effect.
- Rashid Gumarovich, how important is the enacted Law for the Ministry of Interior in terms of counteraction to such crimes and protection of legitimate rights and freedoms of our citizens?
Minister. It really is a very important Law because it is primarily aimed at protection of small and middle-sized businesses. Now the taken measures make it possible to prevent corporate raid captures at earliest stages, even before alienation of the property of captured enterprises.
MW. How long have law enforcement bodies been dealing with corporate raid captures?
Minister. We've been engaged in the struggle against this criminal effect since 2004. Since then more than 300 criminal cases have been taken to courts. The violated rights of victims were restored, the material damage which is hundreds millions rubles, was repaid.
Today, criminals use difficult schemes of capturing the property. Therefore most professional and skilled field investigators and criminal investigators are engaged in revealing and investigation of such crimes.
MW. Is this engagement successful?
Minister. I will frankly tell you that both revealing and procedural actions are difficult, but there are positive examples as well. For example, on April 10, 2009 a sentence was rendered concerning 7 citizens who took an active part in a dangerous organized criminal group. During the criminal activity of this group over 40 enterprises were captured. They were returned to the lawful owners the material damage in the amount of about 270 million rubles is indemnified.
MW. Have such crimes been detected this year?
Minister. It is worth mentioning that the number of raiders has considerably increased in recent years. According to the Ministry of Interior of Russia, 23 crimes have been revealed in the territory of the Russian Federation in terms of hostile takeovers of enterprises this year.
This year, the Ministry of Interior of Russia has suppressed the activity of an organized criminal group engaged in corporate raid captures in Moscow.
MW. Let us return to discussing the new Law. What is the essence of the changes in the Criminal code?
Minister. All these articles are new to the Criminal code although similar legislative norms have existed for a long time in most European countries. Article 170 "Falsification of the uniform state register of legal bodies, the register of owners of securities or the system of depository accounts" which is included in the Criminal code is meant to be a countermeasure to the most frequent form of raid captures in Russia: the registration of false data about heads and founders of a legal person in the uniform state register of legal bodies.
Earlier this legal deficiency made it possible for raiders to lay claims to the property of enterprises on pseudo-lawful grounds. Now those who submit false data to the tax inspection will be held criminally liable. I emphasize, it is a question of criminal liability.
MW. Well, let us wish the Ministry of Interior of Russia success in this mission. In your opinion, will the new Law help improve the efficiency?
Minister. I believe that all newly enacted norms will add a lot more efficiency of work of struggle against corporate raids to better protect the rights and freedoms of the citizens.
MW. Many thanks, Rashid Gumarovich, for the interesting and informative conversation. See you later in broadcasts of the radio station "Militia wave".
Radio broadcast "Conversation with the Minister",
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