Criminal liability of the manager
Posted: Wed Jan 22, 2025 5:32 am
Criminal violations may be economic or labor. If such occur, the cases will be considered by the prosecutor's office. If guilt is proven, the manager may face one of three types of punishment:
large fine;
correctional labor;
imprisonment for up to 10 years.
Let us list the most common student database criminal offenses recorded by the Russian Prosecutor's Office, as well as possible penalties for each of them.
Delay in salary payment for more than 2 months. For this offense, the head of the organization may face a fine of up to 500,000 rubles or imprisonment for up to 5 years.
To avoid punishment, it is necessary to pay the employees their salaries, as well as compensation for the specified period, within 2 months after the case is opened.
Failure to pay taxes. For this violation, the director may face a fine of up to 500,000 rubles or imprisonment for up to 6 years.
If similar violations have not been committed before, and the director still pays the tax authorities, he may be relieved of liability.
Lack of registration and license for doing business. In this case, the criminal code provides for a fine of up to 500,000 rubles or imprisonment for up to 5 years.
Violation of safety requirements: Customs Union regulations, sanitary standards, Emergencies Ministry requirements. A fine of up to 500,000 rubles, imprisonment for up to 6 years.
Bribery of officials, bribery of commercial organizations, etc. For such economic crimes, the fine may reach 2.5 million rubles. In addition, the director may face imprisonment for up to 8 years.
Fraud on an especially large scale, as well as signing fictitious contracts. In this case, the fine will be up to 1 million rubles, and the term of imprisonment up to 10 years.
The process is quite simple and is described in the Criminal Code of the Russian Federation. When a reason arises (a crime report, a confession, or an anonymous message), an investigation is conducted, based on the results of which a criminal case is opened. It will be considered by the prosecutor's office and the arbitration court.
Application for appeal to the court
How to protect yourself:
If a criminal case is opened, there is a high probability that punishment will follow immediately. To prevent this from happening, it is worth following several rules:
Avoid deliberately committing crimes (do not create one-day companies, do not sign fictitious contracts and do not skimp on employee safety).
Conduct regular business audits and monitor changes in Russian legislation.
If any controversial issues arise, seek help from proven and qualified lawyers.
The statute of limitations for criminal offenses ranges from 2 to 10 years and depends on the severity of the crime committed.
If the director quits...
The director is not released from liability even if illegal actions are discovered after his dismissal: tax evasion, conclusion of fictitious or unprofitable transactions, actions that led to losses for the company.
However, as already mentioned above, after the expiration of the relevant statute of limitations for the offenses, the head of the company may be released from punishment.
To protect yourself from risks and avoid any liability, the head of the company, first of all, must comply with the law. Armed means protected: having documentation on all transactions and payments made will help to significantly reduce the risks of any violations.
large fine;
correctional labor;
imprisonment for up to 10 years.
Let us list the most common student database criminal offenses recorded by the Russian Prosecutor's Office, as well as possible penalties for each of them.
Delay in salary payment for more than 2 months. For this offense, the head of the organization may face a fine of up to 500,000 rubles or imprisonment for up to 5 years.
To avoid punishment, it is necessary to pay the employees their salaries, as well as compensation for the specified period, within 2 months after the case is opened.
Failure to pay taxes. For this violation, the director may face a fine of up to 500,000 rubles or imprisonment for up to 6 years.
If similar violations have not been committed before, and the director still pays the tax authorities, he may be relieved of liability.
Lack of registration and license for doing business. In this case, the criminal code provides for a fine of up to 500,000 rubles or imprisonment for up to 5 years.
Violation of safety requirements: Customs Union regulations, sanitary standards, Emergencies Ministry requirements. A fine of up to 500,000 rubles, imprisonment for up to 6 years.
Bribery of officials, bribery of commercial organizations, etc. For such economic crimes, the fine may reach 2.5 million rubles. In addition, the director may face imprisonment for up to 8 years.
Fraud on an especially large scale, as well as signing fictitious contracts. In this case, the fine will be up to 1 million rubles, and the term of imprisonment up to 10 years.
The process is quite simple and is described in the Criminal Code of the Russian Federation. When a reason arises (a crime report, a confession, or an anonymous message), an investigation is conducted, based on the results of which a criminal case is opened. It will be considered by the prosecutor's office and the arbitration court.
Application for appeal to the court
How to protect yourself:
If a criminal case is opened, there is a high probability that punishment will follow immediately. To prevent this from happening, it is worth following several rules:
Avoid deliberately committing crimes (do not create one-day companies, do not sign fictitious contracts and do not skimp on employee safety).
Conduct regular business audits and monitor changes in Russian legislation.
If any controversial issues arise, seek help from proven and qualified lawyers.
The statute of limitations for criminal offenses ranges from 2 to 10 years and depends on the severity of the crime committed.
If the director quits...
The director is not released from liability even if illegal actions are discovered after his dismissal: tax evasion, conclusion of fictitious or unprofitable transactions, actions that led to losses for the company.
However, as already mentioned above, after the expiration of the relevant statute of limitations for the offenses, the head of the company may be released from punishment.
To protect yourself from risks and avoid any liability, the head of the company, first of all, must comply with the law. Armed means protected: having documentation on all transactions and payments made will help to significantly reduce the risks of any violations.