To prosecute for liability for involvement in the raids will be possible at the stage of organization capture
In order
to counteract the raiding,
the Federal Law N 147-FZ dated July 1, 2010 (document is
in Russian) amended
the Penal Code of the Russian Federation (document is in
Russian) with regard to the liability counterfeiting the unified
state register of legal persons, the register of holders of
securities or depository system of accounting, decision of the
shareholders (participants) of a business entity or decision
of the board of directors (supervisory council) of the economic
society. Also, a separate article establishes criminal responsibility
of officials for entering into one of the unified state register
under Russian law, deliberately false information. For these
acts the punishment is set as follows: a fine that does not
exceed five hundred thousand rubles, disqualification to occupy
certain positions or engage in certain activities, imprisonment
up to ten years.
Plenary session of the Supreme Court of the Russian Federation decided the courts practicing the rules governing the participation of victims in criminal proceedings
In order
to ensure correct and uniform application by courts the norms
of criminal law governing the participation of victims in criminal
proceedings, to ensure their rights and lawful interests on
29(th) of June 2010 Plenary Session of the Supreme Court of
the Russian Federation, guided by
Article 126 of the Constitution of the Russian Federation
(document is in Russian) adopted a
decree N 17 (document is in Russian).
Strict
rules observation governing the participation of victims in
criminal proceedings is an important guarantee for the person
affected by the crime to use his constitutional right of access
to justice, judicial protection and compensation for the damage.
A person affected by a crime is considered a victim, regardless
of nationality, age, physical or mental condition and other
information about his identity, and regardless of whether all
those involved in the offense are identified. Plenary session
of the Supreme Court indicated that the harm to the victim may
be done through crime as well as by an act prohibited by the
criminal law committed by a person in a state of insanity.
The decision addressed the issue of recognition
of a victim, the issue of involvement of the representatives
of the victim in a criminal case, the rights and obligations
of the victim, compensation for material or moral harm to the
victim. Plenary session of the Supreme Court also clarified
the issues arising in cases of private prosecution.
