Liberation from criminal responsibility for specific economic crimes

The Federal Law of 19.02.2018 N35-FL “On amendments to Article 76.1 of the Criminal Code of the Russian Federation” has entered into force.

The article of the Criminal Code (hereinafter “the Code”) contains provisions about liberation from criminal responsibility for crimes in business.

The introduced amendments provide for liberation from criminal responsibility for specific economic crimes carried out prior to January 1, 2018. It is intended crimes provided by Article 193, Parts 1 and 2 of Article 194, Articles 198, 199, 199.1, 199.2 of the Code. For example, tax evasion and customs fraud, default on foreign currency law and control.

The right for liberation from responsibility is available for declarants or persons whose data is found in special declarations filed in accordance with the Federal Law of 08.06.2015 N140-FL (as amended on 19.02.2018) “On voluntary declaration by individuals of property and bank accounts (deposits) and amendments to certain legislative acts of the Russian Federation”. Data specified in declarations are of tax secrecy.

Since March 1, 2018 the so-called “capital amnesty” or voluntary declaration of  property abroad, securities, bank accounts, foreign companies, including controlled by nominees is continued.

The same extent of guarantees for the “capital amnesty” participants is kept as it was provided during the previous stage of declaring. Moreover, there is a right on additional declaration of accounts and deposits opened on January 1, 2018, and closed as of special declaration was filed, if they were opened before January 1, 2018.

Special declarations can be filed on paper in person or by authorized representative in tax office, or in central office of the Federal Tax Service of RF.

Over 7 thousand declarations were filed during the first stage of voluntary assets declaration from June 1, 2015 to June 30, 2016.