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.
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.
|№||Name, INN, type of activity||Net assets value, bln RUB||Solvency index Globas|
|1||Interregional Distribution Grid Company of Volga PJSC
Power transmission and technological connection to distribution grids
|2||SARATOVSKII NEFTEPERERABATYVAYUSHCHII ZAVOD PJSC
Production of petroleum products
Provision of services in the field of oil and natural gas production
|4||GAZPROM TRANSGAZ SARATOV LLC
Gas pipeline transportation
Wholesale of solid, liquid and gaseous fuels and related products
Silk fabrics production
|997||SARATOVSKAYA PRIGORODNAYA PASSAZHIRSKAYA KOMPANIYA NJSC
Transportation of passengers by rail in intercity traffic
|998||GAZPROM MEZHREGIONGAZ SARATOV LLC
Sale of gaseous fuels supplied through distribution networks
|999||Saratov Storage Tank Construction Works NJSC
Manufacture of building metal structures, products and their parts
Process of being wound up, 05.12.2017
— growth of the indicator to the previous period, — 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).
The shares of TOP-1000 enterprises with insufficiency of assets have a tendency to increase in the last five years (Picture 2).
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.
In general, there is a trend towards an increase in revenue volume (Picture 4).
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).
In general, the average profit of TOP-1000 enterprises trends to increase over the five-year period (Picture 6).
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).
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).
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).
This ratio of business activity showed a tendency to decrease over the five-year period (Picture 10).
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).
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).
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).
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).
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).
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.
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).
|Trend and evaluation factors of TOP-1000 enterprise||Specific share of factor, %|
|Rate of growth (decline) in the average size of net assets||10|
|Increase / decrease in the share of enterprises with negative values of net assets||-10|
|Concentration level of capital||10|
|Rate of growth (decline) in the average size of revenue||10|
|Rate of growth (decline) in the average size of profit (loss)||10|
|Growth / decline in average values of companies’ net profit||10|
|Growth / decline in average values of companies’ net loss||10|
|Increase / decrease in average values of total liquidity ratio||10|
|Increase / decrease in average values of return on investment ratio||-10|
|Increase / decrease in average values of asset turnover ratio, times||-10|
|Share of small and medium-sized businesses in the region in terms of revenue being more than 30%||-10|
|Financial position (the largest share)||10|
|Solvency index Globas (the largest share)||10|
|Industrial production index||10|
|Average value of the specific share of factors||3,3|
— positive trend (factor), — negative trend (factor).