Let business breathe and function normally
When bringing to criminal responsibility for economic crimes, entrepreneurs are often faced with violations of their rights
At the regular meeting of the Council on protection of the rights of entrepreneurs was considered the question of violations of the rights of entrepreneurs by prosecution authorities, while putting charges for the commission of economic criminal offenses.
The Chairman of the Council for the protection of the rights of entrepreneurs Kapanov Haidar said that the question of violations during prosecution for economic crimes, especially those related to pseudo-entrepreneurship was raised at a meeting of the Council due to repetitive violations of these facts. "We can’t allow our meetings to be inefficient", - he stressed. - Now all public authorities taken into account opinion of NCE, the Regional Chamber, so it is necessary to make that the decisions of the Council, are effective. We invite to the meetings of the Council, the representatives of the SRC and regional prosecutor's office to report, why violations during inspections of business continue to repeat".
The head of the office of the State Revenue Department of WKO Serik Abdullov was asked to provide information on the revealed violations by the prosecutor's office, including the SRD for 2015 and the ten months of 2016.
"In general, we share the concern of the Chamber of Entrepreneurs and the prosecution that business needs less inspections, fewer interferes in its activities - said Serik Abdullov. – Inspections of the prosecutor’s office were conducted at our Department. It should be noted that the prosecutor's office didn’t detect unjustified registration of materials in the Unified Register of pre-trial investigations. In general, the prosecutor's office comments are related to the registration of materials in the Book of accounting of information (BAI). But, in general, inspections, initiated by the Department of State Revenue, are productive".
Members of the Council and entrepreneurs attending the Council told the employees of SRD, that it is recurring facts, that in spite of the instructions of the General Prosecutor "not to terrify business". "Let business breath and counterpart enterprises to operate normally, to carry out conscientiously business activity", - said the businessman.
The answer was that the often excessive business inspections are provoked by imperfection of the legislation related to the mismatch of the Criminal and Tax Codes. For example, those business inspections that are associated with pseudo-entrepreneurship are dictated by legislation, which clearly indicates the need to test all counterparties of a pseudo-enterprise. "And since there are tens and hundreds of businesses, the inspections of these enterprises are inevitable and will increase, - said the head of the office of SRD. - In this regard, I put the proposal on the need to bring the tax and criminal legislation to the requirements that are now facing the society".
Council members also requested clarification about court practice in disputes related to pseudo-entrepreneurship. A judge of the specialized economic court Altynay Davletova told about the grounds for declaring invalid the registration of the legal entity, in the implementation of activities related to pseudo-entrepreneurship.
Council members noted that issues related to criminal charges for pseudo-entrepreneurship remain relevant for the business community, especially for bona fide contractors of pseudo-entrepreneurs and took a decision: upon detection by the authorities of criminal prosecution of violations of the rights and legitimate interests of private business entities, initiate treatment in the address of the authorized state bodies, to provide practical assistance to businesses to protect their violated rights and legitimate interests, including through the provision of legal support, strengthen cooperation on this issue with prosecution authorities.
Given that the issue of liability for pseudo-entrepreneurship are actively discussed at the level of NCE RK "Atameken", the Regional Chamber was recommended to send voiced proposals on improving the existing (tax and criminal) law in writing to the Chamber of entrepreneurs for further redirection to NCE RK "Atameken ".
At the end of the 1st half of 2017 the question will be considered again by the Council.
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