Nowadays a fairly topical issue of discussion is criminal prosecution for crimes in the sphere of entrepreneurship and other economic activities. The President of Russia has also mentioned the particular importance of this issue several times. The legislative body regularly introduce amendments into the body of law. At the same time in practice such legislative provisions are sometimes not taken into account. This opinion has been expressed by attorney of Barshchevsky & Partners Moscow bar association Julia Zhironkina. Unfortunately, it is still not uncommon when criminal prosecution is used as a means of dispute resolution among the parties to business transactions and as a method of influence, and very often coercion, exerted over entrepreneurs and other economic entities. In this regard the law enforcement agencies use a criminal approach, which is not always appropriate and justified.
A resonant trial on the case of the Vice Governor of the Vladimir Region Elena Mazanko, held on 30 August in the Basmanny district Court, ended in favour of defence team. The subject matter of the court hearing was the prosecuting attorney’s petition to extend the duration of our client’s house arrest. Having examined the provided materials, the court saw no reason to uphold the petition finding the arguments of the defense team, Samvel Karakhanyan and Julia Zhironkina, more convincing. As a result, the petition of the Investigative Committee of the Russian Federation was dismissed and Elena Mazanko was released from under house arrest.
Nothing in lawyer activity brings so much joy as triumph of justice and understanding that work was not in vain. Recently conducted trial resulted in the decision in favor of defense team is a case in point.
Today, the State Duma established a three-day term within which it is possible to mitigate pre-trial restrictions for the suspects and accused suffering from severe diseases. Changes relate to Part 1 of Art. 110 of the Criminal Procedure Code, which in the previous version allowed to mitigate pre-trial restrictions, though not setting the time frame for it to be done. This led to situations where sick persons could wait for variation of pre-trial restrictions in a detention center for quite a long time, which lead to further deterioration of their health. It was a violation of detainees' constitutional rights to receive health care and medical aid.
Judicial Department under the Supreme Court published main statistical performance indicators of courts of general jurisdiction for 2016. Having studied the data, Pravo.ru has counted it up that investigating officers requested the courts to place the defendants in the case under the house arrest and the courts satisfied by 25% more such requests. According to lawyers, this tendency is a reflection of the government policy for criminal law liberalization.