INSOR Russia: Institute of Contemporary Development
Updated June 28, 2019

Roundtable on “Decriminalization of Business: the Need to Update the Criminal Law in the Economic Area”

April 8, 2010

April 8 the Institute of Contemporary Development hosted a roundtable on “Decriminalization of Business: the Need to Update the Criminal Law in the Economic Area”.

The event was organized by the Center for Legislative and Economic Research together with the Institute of Contemporary Development.

Following the President’s recommendation to organize the development of a concept for modernizing criminal law in the economic sector, discussion of the Economic background of this concept was included in the meeting agenda.

Participants of the meeting included First Deputy Head of the State Duma Security Committee M.Grishankov, Former Deputy Chairman of the Constitutional Court of the Russian Federation T.Morschakova, Former First Deputy President of the Supreme Court of the Russian Federation V.Radchenko, Senior Staff Scientist of the Institute of World Economy and International Relations M.Subbotin, Scientific Adviser of the Center for Legislative and Economic Research   E.Novikova and other outstanding scientists, lawyers and businessmen.

In recent years the need has become apparent for developing new approaches to criminal regulation of economic relations. Participants of the roundtable believe that the state still treats entrepreneurs in quite an oppressive manner, and “the criminal law, which is meant to protect human and property rights, is still used as a method of the government management of the economy; at this point, entrepreneurial relations and the civil law are also regulated by the criminal law”. 

The State Duma has already enacted the Presidential legislation, according to which detention in custody is replaced with payment of a bail for businessmen accused of commercial crimes. Such an initiative will definitely limit ability of the administrative machine to “subdue” dissenting businessmen. However, it is only the first step, which is to be followed by a substantial revision of the impact of the criminal law and the criminal justice on the market relations.

As a result of the discussion, its participants suggested additional revisions to the draft concept.