Officials propose decriminalization of non-payment of salaries

“Stop bullying business”?

The working group of the State Council, headed by the governor of Tula region Alexei Dyumin, has put forward a proposal to partially decriminalize legislation on economic crimes, RBC reports. It is proposed to stop criminalizing non-payment of wages. Currently, this article (Article 145.1 of the Criminal Code of the Russian Federation) punishes by imprisonment of up to five years.

Заседание Государственного Совета Российской Федерации
The State Council meeting

It is also proposed to exclude criminal liability for non-performance of contracts.

“It is necessary to more accurately distinguish between civil disputes and crimes in the economic sphere, especially in the case of non-fulfillment of contracts «due to factors not related to intent”, RBC quotes from the draft list of instructions of the president following the meeting of the State Council working group in the direction «Industry».

Instead of imprisonment, it is proposed to introduce other mechanisms — for example, fines that are multiples of the damage.

In addition, the punishment will be toughened for investigators initiating “unfounded” criminal cases of economic crimes. It will also affect judges who appoint a preventive measure in such cases in the form of detention.

Also, officials made a proposal to clarify restrictions on the use of the article regarding the creation of an organized criminal community (Article 210 of the Criminal Code of the Russian Federation) in relation to business units. This issue was officially included on the state agenda after the President’s Address to the Federal Assembly.

In December, Vladimir Putin introduced a bill to the Lower House of Parliament proposing to waive criminal liability for business under Art. 210 of the Criminal Code of the Russian Federation on criminal communities.

“… the desire of the near-presidential elites to “return business to the homeland» gave rise to an initiative to complete the reform of control and oversight activities. So, the sensational 210 article of the Criminal Code of the Russian Federation is awaiting change — now law enforcement agencies will be required to prove that the organization or company was created intentionally for illegal activities. This means that representatives of large businesses will now not be afraid of criminal prosecution at home for, let’s say, financial fraud. Now the crime will not entail the closure of large companies. Economic stability and protection against the pursuit of business, joined with the appointment of Mishustin, who is opposed to “bullying the business”, should attract runaway large capital”, as ROT FRONT analyzes the causes of the events.

The decriminalization of non-payment of wages also testifies the attempts to demonstrate the desire to compromise. At the same time, the weakening grip on the throat of Russian business means toughening the legislation in relation to working citizens. From then on, capital will be able to get rid of prosecution by paying fines even in the event of full non-payment of wages to employees.

Who will protect a worker?

In this struggle — between capital and the worker — the modern state always takes the side of capital.