Decriminalization of an article - a chance for correction
There was no need for an article on "pseudo -entrepreneurship" to be in the Criminal Code. Pseudo-entrepreneurship was a means of committing other acts that are stipulated in the Criminal Code of RK - illegal receipt of a loan, evasion of payment of tax, causing property damage by deception. Often pseudo-entrepreneurs in such cases were accused of illegally cashing money, but the bulk of cases were criminal cases with tax evasion. Fraudulent business cases are complex both in terms of proving guilt and innocence, and in assessing and qualifying the actions of the accused. "The repeal of Article 215 of the Criminal Code of the Republic of Kazakhstan will significantly improve the development of business in Kazakhstan. Because of this article, a lot of honest businessmen faced troubles. They had to pay taxes twice. In this connection, the entrepreneurs were in a crisis situation. The tax authorities literally "choked" enterprises. The need for this article in the criminal code has never been. I regularly defend businesses that are illegally involve in criminal cases on "pseudo-entrepreneurship". Now these cases will be closed. I think all entrepreneurs are very grateful", - said Zhanna Urazbakhova, an attorney at Almaty City Attorney Association. At the same time, decriminalization will allow businessmen to have a chance to rectify. For evasion from payment of taxes for the first time under the new norms of entrepreneurs will not be held criminally liable. Due to the joint work of NCE RK "Atameken" with the Prosecutor General's Office of the Republic of Kazakhstan, proposals were developed to amend the legislation of the Republic of Kazakhstan. As a result of which, on 3rd of July 32017, the Head of State signed the Law of the Republic of Kazakhstan "On Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Improving the Law Enforcement System". This Law amended the Criminal Code of the Republic of Kazakhstan, article 215 "Pseudo-entrepreneurship" was excluded.
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