Наталья Ключевская
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Свое мнение по данному вопросу Президент РФ высказал в ходе традиционной программы «Прямая линия с Владимиром Путиным».
Так, в ответ на предложение малого бизнеса изменить характер проверок надзорных органов с карательного на наставнический (чтобы проверяющие не ставили в приоритет поиск проблем и оснований для назначения штрафов, а помогали развивать малый и средний бизнес и при необходимости консультировали предпринимателей) Владимир Путин подчеркнул, что именно на это сейчас и настраиваются проверяющие органы (включая прокуратуру и налоговую службу).
В частности, планируется сформировать «зеркальный» реестр – когда не только проверяющие будут вести реестр проверок, но и проверяемые сформируют реестр, в который войдет информация о том, «кого, кто, как и по поводу чего проверял и каковы результаты, по их оценке». «Эта информация будет стекаться в прокуратуру, которая получит дополнительный источник информации о том, что в данной сфере происходит», – подчеркнул Президент РФ.
Что касается уголовного преследования бизнесменов в условиях увеличивающегося количества случаев применения к предпринимателям меры пресечения в виде ареста (включая домашний арест), то Владимир Путин считает, что нельзя злоупотреблять арестами, особенно в сфере экономических правонарушений. Также он в целом поддерживает идею расширения практики применения наряду с арестом и подпиской о невыезде залога в виде меры пресечения для предпринимателей. Глава государства планирует скорректировать сроки исполнения Генпрокуратурой РФ и Верховным Судом Российской Федерации ранее данного им поручения по внесению соответствующих предложений в рамках корректировки законодательства.
Наконец, относительно применения ст. 210 Уголовного кодекса, которая предусматривает ответственность за организацию преступного сообщества или участие в нем, глава государства подчеркнул, что «сегодня юридическая техника такова, что под преступное сообщество можно подвести совет директоров любой организации, где кто-то из членов совета директоров замешан в нарушении закона». Президент считает это недопустимым.
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