ALEXEY NOVIKOV AT KOMMERSANT CONFERENCE: CRIMINAL ASPECT OF BUSINESS CONFLICTS: WHAT CAN ONE LEARN FROM JUDICIAL PRACTICE?

On November 26, Alexey Novikov, Criminal Defense Firm Managing Partner, spoke at the Kommersant Conference ‘Criminal and Vicarious Liability of Business Management and Business Owners’. The conference brought over 80 representatives of the business and legal market together. 

The challenge of applying criminal law is now almost key for business in Russia. Furious discussions about relieving criminal pressing are at every conference - most specialists are aligned with the fact that criminal prosecution has become the most effective and dangerous tool in resolving business conflicts. 

The following issues were discussed during the conference:

• What has been happening in this field lately;
• How can one protect oneself from attention of the law enforcement agencies;
• Which practices of criminal law are effective, and which are not.

Alexey spoke on the topic ‘Criminal Aspect of Business Conflict: What Can One Learn from Judicial Practice?’.

According to the Prosecutor’s General Office of the Russian Federation, over 78,000 economic crimes were uncovered in the first half of 2021. The number of criminal cases against businesses has now peaked in the last six years: the rate has reached the maximum since the first half of 2015. 

According to the statutory provisions of the Russian Federation, any commercial disputes should be heard and settled in arbitration courts. Yet, the current lay of the land proves to both lawyers and the business community that commercial disputes often move into a criminal perspective.  

The number of cases initiated in arbitration courts and then closed as criminal ones have grown during 2020 and 2021. 

The businesses’ demand in the range of criminal tools stems from the permissiveness of the law enforcement agencies. That way, any operational and investigative actions jeopardise the business interests of an organisation. Both suspects and the accused could be searched, let alone witnesses, friends and colleagues, and their property could be seized. Besides, the company’s operating and financial activities are significantly hindered. 

Alexey introduced examples of several cases and went into the details of conflicts of owners and criminal risks that arise from starting a business and selling a bank. 

Please follow the link to see the full event programme and the list of speakers. The full livestream recording is available here.