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Release from Punishment: The Price Paid by Entepreneurs

Release from Punishment: The Price Paid by Entepreneurs. Article 76.1 of Russian Criminal Code. Zinaida Pogosova , National Research University Higher School of Economics, zpogosova@hse.ru. A rticle 76.1: main provisions.

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Release from Punishment: The Price Paid by Entepreneurs

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  1. Release from Punishment: The Price Paid by Entepreneurs Article 76.1 of Russian Criminal Code ZinaidaPogosova, National Research University Higher School of Economics, zpogosova@hse.ru

  2. Article 76.1: main provisions The offenderwho committed а crime at the first time is released from criminal liability if the damage, caused to an individual, organization or state as a result of the offense transferred to the federal budget or refund to an individual in the five-timeamount of the damage.

  3. Article 76.1: main provisions ECONOMIC CRIMES • Illegal banking activity • Illegalabtaining of credit • Illegal use of trademark • Manipulation of market • Premeditated bankruptcy • etc. • ---- crimes of medium gravity–NOT AGGRAVATED CRIMES

  4. NORMATIVE ALTERNATIVE

  5. Amounts of fines which should be paid under legal regulation FINE 5 000 RUB. – 1 MLN. RUB.

  6. How to calculate the compensation for freedom

  7. Balance between fines and compensation

  8. Implementation of economic crimes articles: statistical data

  9. Infliction of penalty (2011 – 2013 January-June)

  10. Conviction and Release from criminal liability (2011 – 2013 I h.y.)

  11. Problem • Release from criminal liability by paying compensation is not realised • According to the rational choice approach it is profitable for the offender to be prosecuted

  12. Research question • What Price business representatives should Pay to have the opportunity to develop economic activity?

  13. THANK YOU FOR YOUR ATTENTION! http://www.hse.ru zpogosova@hse.ru

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