Investigative Committee of Russia will gain the right to cause proceedings in the sphere of tax violation

A bill is passing the reading in the State Duma, which vests the Investigative Committee of Russia (ICR) a right to open by itself a criminal case for violation of the tax legislation.

The mechanism of action of amendments will be as follows: by receipt of materials of pre-investigation check an investigator directs to the tax authority during three days a copy of materials with preliminary calculation of the number of arrears in respect of taxes and levies. The tax administration submits its conclusion by not later than 15 days. If it doesn’t happen, the investigative bodies make decision on the institution of proceeding or refusal to initiate it at their discretion.

According to the opinion of the Head of ICR – Aleksandr Bastrykin, the suggested scheme will allow to use operational-investigative means by breaking of complicated schemes of tax fraud, and the Federal Tax Service has no such opportunities.

The initiative has been met in the business environment with a mixed reception. So that, the Russian Union of Industrialists and Entrepreneurs is worried about that the threat of institution of criminal proceedings will be a form of pressure against entrepreneurs. The operative rule assumes that business will be able to challenge at arbitration courts the actions of taxmen already after payment of tax arrears and refund of a part of paid money in case the suit will be won. And in the suggested scheme an active repentance means that a person has admitted his/her guilt without a right to continue proceedings in arbitration court.