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Об этом сообщается на официальном сайте Уполномоченного при Президенте РФ по защите прав предпринимателей Бориса Титова. Речь идет о принципе, предусматривающем в качестве обязательного условия привлечения к уголовной ответственности применение к лицу административных санкций за аналогичное правонарушение.
Правозащитник указывает, что в настоящее время административная преюдиция закреплена в 30 статьях Уголовного кодекса, причем все составы являются тяжкими. «Однако среди них только ст. 171.4 (незаконная розничная продажа алкогольной продукции) относится к Главе 22 УК РФ «Преступления в сфере экономической деятельности». Между тем, в 22 главе к категории небольшой тяжести относятся 63 состава преступления, в отношении части из них можно было бы установить административную преюдицию», – считает омбудсмен. В качестве примера Борис Титов приводит ч. 1-2 ст. 171 УК РФ (незаконное предпринимательство).
Что касается составов, предусматривающих неоднократность деяния, то, по мнению уполномоченного, такая неоднократность могла бы устанавливаться только привлечением к административной ответственности. «Например, ст. 180 УК РФ «Незаконное использование средств индивидуализации товаров (работ, услуг)», как и ст. 14.10 КоАП РФ с таким же названием, предусматривает ответственность за незаконное использование чужого товарного знака, знака обслуживания, наименования места происхождения товара или сходных с ними обозначений для однородных товаров. Разница в составах состоит в неоднократности или причинении крупного ущерба», – отмечает он.
Однако не все участники заседания экспертного совета при Уполномоченном при Президенте РФ по защите прав предпринимателей, на котором была озвучена рассматриваемая идея, поддержали ее в части возможности установления административной преюдиции по налоговым преступлениям. Так, руководитель информационно-аналитической службы юридической компании «Пепеляев Групп» Вадим Зарипов отметил, что прежде чем предлагать административную преюдицию по налоговым делам, следовало бы четко разделить неуплату налогов и умышленное уклонение от их уплаты. «В противном случае упрощенное понимание уклонения лишь усилится. Ответственность будет наступать просто за сам факт повторного совершения какого-то противоправного деяния, который и будет считаться подтверждением общественной опасности. Надо провести разделительные красные линии по всем этим составам», – призвал он. В свою очередь, начальник управления по надзору за соблюдением прав предпринимателей Генеральной прокуратуры Российской Федерации Артем Кононенко поддержал необходимость обсуждения возможности введения административной преюдиции. Он считает, что такая мера в целом позволит снизить уголовное давление на бизнес.
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