Art. 289 of the Criminal Code of the Russian Federation with comments

Persons occupying posts in the civil service are prohibited from carrying out entrepreneurial activities, as well as to head the management of a commercial organization. This is the law. This ban is primarily related to the fact that officials who take illegal participation in commercial activities, start using their official position, create corrupt ties, which harms the active service. Therefore, government officials who violate established norms will be brought under Art. 289 of the Criminal Code. The punishment here can even be in the form of a real isolation from society.

Basic

Art. 289 of the Criminal Code contains punishment for officials who have transgressed the law and organized their own commercial enterprise for personal enrichment and obtaining additional income. In addition, these citizens are liable to be held accountable if:

- they manage the firm in person or through a trusted person;

- create favorable conditions for carrying out activities of this organization (for example, help to avoid paying taxes and other mandatory contributions using their official position and connections);

- patronize the commercial organization.

The ban on participation in business activities extends to all state employees without exception. An exception here are those cases when an official carries out special assignments of his management and comes into the management of an organization that generates profit, if the law indicates it.

Characteristic

This act refers to crimes of minimal gravity. Therefore, the term of punishment does not exceed two years of isolation from society. In addition, it must be remembered that for illegal participation in commercial activities, only that official who by law can not have his own business can be brought in. As a rule, civil servants can receive income from their scientific, teaching or other creative work.

The composition of art. 289 of the Criminal Code

It is formed only if it is proved that the official has organized his own business or participated in the implementation of the business by the organization personally or through a proxy, contrary to the prohibition established by law. Also, the composition of the crime will take place if the civil servant, using his position, helped the company circumvent the taxes and created preferential conditions for doing work and in every possible way patronized him. This is written in Art. 289 of the Criminal Code.

The composition of this act has the following structural elements:

• The subject is an official who is in the civil service and has certain powers (judge, deputy, officer);
• Object - violation of the established ban on the conduct of commercial activities and the participation in it of a person who occupies a certain position and has a number of powers entrusted to him;
• The subjective side here is characterized only by direct intent and selfish interest, because the employee wants to get an additional source of income contrary to the law;
• The objective side is manifested in the form of certain actions of a citizen holding a public office (he organizes the business and manages it personally, either through a trusted person or patronizes any commercial organization, even though it is prohibited).

Is it possible to charge

To do this, law enforcement agencies must gather sufficient evidence that a person in the civil service is actually engaged in illegal, commercial activities, despite the prohibition. Otherwise, indict the official and bring him to justice under Art. 289 of the Criminal Code will be impossible.

A comment

Participation in illegal commercial activities of civil servants is prosecuted by law. This is stated in art. 289 of the Criminal Code. With comments to it it is impossible not to agree. After all, in this case, officials who are accepted for service in order to protect, protect and protect the interests of their state become themselves subjects of atrocities. They create their own business, participate in the conduct of commercial activities in person, or hire another person for this purpose, and also provide various benefits to enterprises using their powers. Therefore, if the said citizens committed such a crime, they must bear responsibility for this. After all, this act is always committed by the guilty intentionally and violates the interests of the state.

Similar crimes

All acts committed by officials using the powers entrusted to them should be disclosed, and the perpetrators themselves be punished. After all, crimes committed by civil servants are mainly related to their personal, selfish interests and the receipt of an additional source of cash. Such actions include:

• Illegal participation in commercial activities;
• Giving and receiving bribes by civil servants.

The sanctions for them are stipulated art. 289, 290, 291, 291.1 of the Criminal Code of the Russian Federation.

Punishment

This act is considered a crime of least severity. The maximum term of punishment under this article does not exceed two years in isolation from people. In addition, Art. 289 of the Code on Crimes contains some other types of sanctions:

- a fine in the amount of up to 300 thousand rubles, or other income of the guilty person for a period of up to two years;
- a ban on the employment of certain positions for up to 5 years with the payment of a fine in the amount of up to 80 thousand, or earnings of the convicted person for a period of up to six months;

- work that is compulsorily carried out by the perpetrator, their duration should not be more than 480 hours;

- arrest - up to six months;

- forced labor - up to two years.

Practice

The head of the local administration of the city organized under the guise of his own casino. He issued all the documents for his brother, nevertheless he did all the documentation himself, sometimes he used the services of proxies. During the special operation, law enforcement officers found out that the official not only has his own business and manages all the affairs of the organization, but also has a stake in the authorized capital. And this despite the fact that officials are prohibited from engaging in commercial activities. A criminal case was opened against the official. During the interrogation, he confessed everything. The court ordered him to be sentenced to six months of isolation from society. The former official will serve his sentence in the settlement.

As can be seen from the example given, the employee received a short term under Art. 289 of the Criminal Code. Practice shows that the courts do not assign the maximum punishment to former officials for such acts.

Appeal

Not always civil servants recognize their guilt in a perfect crime. Most of them appeal against sentences under Art. 289 of the Criminal Code. After all, not all former officials were ready to lose their position, power and a good source of income. Especially if many of them occupied serious government posts.

As a rule, appealing against such sentences does not take much time, but almost always procedural acts remain unsuccessful. This is due to the fact that judges are not ready to take a new decision in respect of a person whose guilt has already been proven by a lower authority.