Article
Criminal penalties in case of reparation for damages

The Federal Law №533-FZ of 27.12.2018 with the amendments to articles 76.1 and 145.1 of the Criminal Code the Russian Federation and amendments to the Russian Federation Code of Criminal Procedure entered into force on January 8, 2019.

In general, the changes should influence on creation of a favorable business environment, risk reduction in business, creation of additional protection guarantees from unreasonable criminal proceedings.

The Law expanded the list of crimes, criminal cases of which should be terminated upon condition of reparation for damages. Now the list includes the crimes covered by the Criminal Code of the Russian Federation:

part 1 of Article 146 - Violation of copyright and related rights;

part 1 of Article 147 - Violation of inventive and patent rights;

part 5 - 7 of Article 159 – Fraud;

part 1 of Article 159.1 - Credit fraud;

part 1 of Article 159.2 - Entitlement fraud;

part 1 of Article 159.3 - Wire fraud;

part 1 of Article 159.5 - Insurance fraud;

part 1 of Article 159.6 - Fraud in the cyber realm;

part 1 of Article 160 - Appropriation or embezzlement;

part 1 of Article 165 – Property damage inflicted by deceit or breach of trust

In addition, the amendments established the conditions that allow the head of organization to avoid the criminal liability for non-payment of wages.

Today, according to the Article 145.1 of the Criminal Code of the Russian Federation, the criminal liability is provided for non-payment of wages, pensions, scholarships, benefits and other payments because of self-interest or other personal interest; in cases of partial non-payment the criminal liability is more than three months, in cases of total non-payment or below the minimum wage - more than two months.

The head of the company or separate structural division and the employer – physical person can be criminally prosecuted.

The Article 145.1 of the Criminal Code of the Russian Federation provides the following sanctions for this crime:

 
  penalty penalty in the amount of the convicted person's income for a term deprivation of right to hold specific posts or to engage in a certain activity for a term compulsory labour for a term imprisonment for a term
partial non-payment of wages: up to 120 th RUB up to 1 year up to 1 year up to 2 years up to 1 year
total non-payment of wages: 100 - 500 th RUB up to 3 years up to 3 years up to 3 years up to 3 years

According to the amendments, to avoid the responsibility for non-payment of wages is possible under the following conditions:

  • commission of a crime for the first time;
  • full repayment of debts within two months from the date of initiation of criminal proceeding;
  • interest payment for the delay;
  • absence of other crimes in the actions of the perpetrator.
Article
Trends in the work of Saratov companies

Information agency Credinform represents an overview of activity trends of the largest companies in the real sector of the economy of Saratov region.

The enterprises with the largest volume of annual revenue of the real sector of the economy in Saratov region (TOP-1000) were selected for the analysis, according to the data from the Statistical Register for the latest available periods (2013-2017). The analysis was made on the basis of the data of the Information and Analytical system Globas.

Net assets is an indicator, reflecting the real value of the property of an enterprise. It is calculated annually as the difference between assets on the balance sheet of the enterprise and its debt obligations. The indicator of net assets is considered negative (insufficiency of property), if company’s debt exceeds the value of its property.

Table 1. The largest companies of the real sector of economy in Saratov region with the largest and smallest net assets in 2013 – 2017
Name, INN, type of activity Net assets value, bln RUB Solvency index Globas
2013 2014 2015 2016 2017
1 2 3 4 5 6 7 8
1 Interregional Distribution Grid Company of Volga PJSC
INN 6450925977
Power transmission and technological connection to distribution grids
down42,66 up42,70 up42,99 up44,80 up48,36 140 Superior
2 SARATOVSKII NEFTEPERERABATYVAYUSHCHII ZAVOD PJSC
INN 6451114900
Production of petroleum products
up11,19 up15,22 up19,12 up21,31 up23,63 196 High
3 SARATOVNEFTEGAZ PJSC
INN 6450011500
Provision of services in the field of oil and natural gas production
up16,90 up17,87 down17,84 up17,98 up18,02 263 Medium
4 GAZPROM TRANSGAZ SARATOV LLC
INN 6453010110
Gas pipeline transportation
up17,07 up18,31 up18,41 up14,55 up14,81 218 Strong
5 SARATOVNEFTEPRODUCT PJSC
INN 6452034165
Wholesale of solid, liquid and gaseous fuels and related products
up5,65 up6,37 up7,69 up8,94 up10,15 180 High
996 BALTEKS LLC
INN 6440021299
Silk fabrics production
down-0,22 down-0,25 up-0,24 down-0,33 down-0,40 339 Adequate
997 SARATOVSKAYA PRIGORODNAYA PASSAZHIRSKAYA KOMPANIYA NJSC
INN 6452950802
Transportation of passengers by rail in intercity traffic
down-0,36 down-0,47 up-0,44 up-0,44 up-0,43 256 Medium
998 GAZPROM MEZHREGIONGAZ SARATOV LLC
INN 6450068585
Sale of gaseous fuels supplied through distribution networks
up-0,49 up-0,48 up-0,47 up-0,46 up-0,45 264 Medium
999 Saratov Storage Tank Construction Works NJSC
INN 6453009475
Manufacture of building metal structures, products and their parts
Process of being wound up, 05.12.2017
up0,08 up0,09 up0,09 down-0,77 down-0,90 600 Insufficient
1000 BALAKOVO-TSENTROLIT NJSC
INN 6439076046
Iron casting
down-0,25 down-2,28 down-4,10 up-0,39 down-4,32 324 Adequate

Up — growth of the indicator to the previous period, Up — decline of the indicator to the previous period.

The average values of net assets of TOP-1000 enterprises tend to increase over the five-year period (Picture 1).

Picture 1. Change in the average indicators of the net asset value of TOP-1000 enterprises in 2013 – 2017 Picture 1. Change in the average indicators of the net asset value of TOP-1000 enterprises in 2013 – 2017

The shares of TOP-1000 enterprises with insufficiency of assets have a tendency to increase in the last five years (Picture 2).

Picture 2. Shares of enterprises with negative values of net assets in TOP-1000 Picture 2. Shares of enterprises with negative values of net assets in TOP-1000

Sales revenue
The revenue volume of 10 leading companies of the region made 34% of the total revenue of TOP-1000. (Picture 3). It points to a relatively low level of capital concentration in Saratov region.

Picture 3. Shares of participation of TOP-10 companies in the total revenue of TOP-1000 enterprises for 2017 Picture 3. Shares of participation of TOP-10 companies in the total revenue of TOP-1000 enterprises for 2017

In general, there is a trend towards an increase in revenue volume (Picture 4).

Picture 4. Change in the average revenue of TOP-100 enterprises in 2013 – 2017 Picture 4. Change in the average revenue of TOP-100 enterprises in 2013 – 2017

Profit and losses
The profit volume of 10 industry leaders of the region made 47% of the total profit of TOP-1000 companies in 2017 (Picture 5).

Picture 5. Shares of participation of TOP-10 companies in the total volume of profit of TOP-1000 enterprises for 2017 Picture 5. Shares of participation of TOP-10 companies in the total volume of profit of TOP-1000 enterprises for 2017

In general, the average profit of TOP-1000 enterprises trends to increase over the five-year period (Picture 6).

Picture 6. Change in the average values of net profit of TOP-1000 enterprises in 2013 – 2017 Picture 6. Change in the average values of net profit of TOP-1000 enterprises in 2013 – 2017

Average values of net profit’s indicators of TOP-1000 companies trend to increase for the five-year period, at the same time the average value of net loss decreases. (Picture 7).

Picture 7. Change in the average values of indicators of net profit and net loss of TOP-1000 companies in 2013 – 2017 Picture 7. Change in the average values of indicators of net profit and net loss of TOP-1000 companies in 2013 – 2017

Key financial ratios
Over the five-year period the average indicators of the total liquidity ratio of TOP-1000 enterprises were above the range of recommended values - from 1,0 up to 2,0, with a tendency to increase (Picture 8).

The total liquidity ratio (the relation of the amount of current assets to short-term liabilities) shows the sufficiency of company’s funds for repayment of its short-term liabilities.

Picture 8. Change in the average values of the total liquidity ratio of TOP-1000 enterprises in 2013 – 2017 Picture 8. Change in the average values of the total liquidity ratio of TOP-1000 enterprises in 2013 – 2017

There has been a high level of average values of the return on investment ratio for five years, especially in 2013 - 2014, with a tendency to decrease (Picture 9).

The ratio is calculated as the relation of net profit to the sum of own capital and long-term liabilities and demonstrates the return on the equity of own capital involved in the commercial activity and the long-term borrowed funds of an organization.

Picture 9. Change in the average values of the return on investment ratio of TOP-1000 enterprises in 2013 – 2017 Picture 9. Change in the average values of the return on investment ratio of TOP-1000 enterprises in 2013 – 2017

Asset turnover ratio is calculated as the relation of sales proceeds to the average value of total assets for a period and characterizes the efficiency of use of all available resources, regardless of the sources of their attraction. The ratio shows how many times a year a complete cycle of production and circulation is made, yielding profit.

This ratio of business activity showed a tendency to decrease over the five-year period (Picture 10).

Picture 10. Change in the average values of the asset turnover ratio of TOP-1000 enterprises in 2013 – 2017 Picture 10. Change in the average values of the asset turnover ratio of TOP-1000 enterprises in 2013 – 2017

Production structure
The largest shares in the total revenue of TOP-1000 are owned by companies, specializing in the manufacture of food products and wholesale (Picture 11).

Picture 11. Distribution of types of activity in the total revenue of TOP-1000 companies Picture 11. Distribution of types of activity in the total revenue of TOP-1000 companies

78% of TOP-1000 companies are registered in the Register of small and medium-sized businesses of the Federal Tax Service of the RF. At the same time, their share in the total revenue of TOP-1000 enterprises amounted to 25,5% (Picture 12).

Picture 12. Shares of proceeds of small and medium-sized businesses in TOP-1000 companies Picture 12. Shares of proceeds of small and medium-sized businesses in TOP-1000 companies

Main regions of activity
The TOP-1000 companies are distributed unequal across Saratov region and registered in 38 districts and inhabited localities. 81% of the largest enterprises in terms of revenue are concentrated in the regional center - in Saratov and in Engels district (Picture 13).

Picture 13. Distribution of the revenue of TOP-1000 companies by regions of Saratov region Picture 13. Distribution of the revenue of TOP-1000 companies by regions of Saratov region

Financial position score
An assessment of the financial position of TOP-1000 companies shows that more than half of them are in a stable financial position and above average (Picture 14).

Picture 14. Distribution of TOP-1000 companies by financial position score Picture 14. Distribution of TOP-1000 companies by financial position score

Solvency index Globas
Vast majority of TOP-1000 companies got Superior/High or Strong/Medium Solvency index Globas, that points to their ability to pay off their debts in time and fully (Picture 15).

Picture 15. Distribution of TOP-1000 companies by solvency index  Globas Picture 15. Distribution of TOP-1000 companies by solvency index Globas

Industrial production index
According to the Federal Service of State Statistics, there is a tendency towards an increase in indicators of the industrial production index in Saratov region during 12 months of 2017 - 2018. (Picture 16).

Picture 16. Industrial production index in Saratov region in 2017 – 2018, month to month (%) Picture 16. Industrial production index in Saratov region in 2017 – 2018, month to month (%)

According to the same information, the share of enterprises of Saratov region n the amount of revenue from the sale of goods, works, services made 0,48% countrywide for 9 months of 2018.

Conclusion
A comprehensive assessment of activity of the largest companies in the real sector of the economy of Saratov region, taking into account the main indices, financial indicators and ratios, points to the prevalence of positive trends (Table 2).

Table 2. Positive and negative trends, evaluation factors of TOP-1000 companies
Trend and evaluation factors of TOP-1000 enterprise Specific share of factor, %
Rate of growth (decline) in the average size of net assets up10
Increase / decrease in the share of enterprises with negative values of net assets down-10
Concentration level of capital up10
Rate of growth (decline) in the average size of revenue up10
Rate of growth (decline) in the average size of profit (loss) up10
Growth / decline in average values of companies’ net profit up10
Growth / decline in average values of companies’ net loss up10
Increase / decrease in average values of total liquidity ratio up10
Increase / decrease in average values of return on investment ratio down-10
Increase / decrease in average values of asset turnover ratio, times down-10
Share of small and medium-sized businesses in the region in terms of revenue being more than 30% down-10
Regional concentration down-10
Financial position (the largest share) up10
Solvency index Globas (the largest share) up10
Industrial production index up10
Average value of the specific share of factors down3,3

Up — positive trend (factor), Up — negative trend (factor).