Persons holding positions in the public service are prohibited from carrying out entrepreneurial activities, as well as standing at the head of the management of a commercial organization. This is the law. This prohibition is primarily due to the fact that officials taking an illegal part in commercial activities begin to use their official position, create corrupt ties, which is harmful to active service. Therefore, government officials who violate established standards will be brought under Art. 289 of the Criminal Code. The punishment here may even be in the form of real isolation from society.
Main
Art. 289 of the Criminal Code contains a punishment for officials who have violated the law and organized their own commercial enterprise for personal enrichment and additional income. In addition, these citizens are liable if:
- they manage the company in person or through a trusted person;
- create preferential conditions for the activities of this organization (for example, help to evade the payment of taxes and other mandatory contributions using their official position and relations);
- patronize a commercial organization.
The ban on participation in entrepreneurial activity applies to all public servants without exception. An exception to this is when an official carries out special instructions from his management and takes control of a profit-making organization, if this is indicated by law.
Characteristic
This act relates to crimes of the minimum gravity. Therefore, the sentence does not exceed two years of isolation from society. In addition, it must be remembered that for illegal participation in commercial activities only an official can be attracted who, by law, cannot have his own business. As a rule, civil servants can receive income from their scientific, teaching or other creative work.
Composition of Art. 289 of the Criminal Code
It is formed only if it is proved that the official organized his own business or took part in the organization's commercial activities in person or through a proxy, contrary to the prohibition established by law. Also, the crime will take place if a public servant, using his position, helped the company circumvent taxes and created favorable conditions for doing work and patronized him in every possible way. This is written in Art. 289 of the Criminal Code.
The composition of this act has the following structural elements:
- subject - an official who is in the public service and has certain powers (judge, deputy, bailiff);
- object - violation of the established prohibition on conducting business and participation in it of a person who holds a certain position and has a number of powers entrusted to him;
- the subjective side 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 position (he organizes a business and manages it personally, either through a trusted person, or patronizes any commercial organization, despite the fact that this is prohibited).
Is charge possible
To do this, law enforcement agencies must collect enough evidence that a person in the public service is actually engaged in illegal, commercial activities, despite the prohibition. Otherwise, indict the official and hold him accountable under Art. 289 of the Criminal Code will be impossible.
A comment
Participation in the illegal commercial activities of public servants is punishable by law. This is stated in Art. 289 of the Criminal Code. One cannot disagree with the comments on it. Indeed, in this case, the officials hired to protect, safeguard and protect the interests of their state themselves become subjects of atrocities. They create their own business, engage in business personally or hire another person for this purpose, and also provide various benefits to enterprises using their powers. Therefore, if these citizens committed such a crime, they are obliged to bear responsibility for it. After all, this act is always committed intentionally and violates the interests of the state.
Similar crimes
All acts committed by officials using the powers entrusted to them must be disclosed, and the perpetrators themselves punished. After all, crimes committed by public servants are mainly associated with their personal, selfish interests and obtaining an additional source of funds. Such acts include:
- illegal participation in commercial activities;
- giving and receiving bribes by government officials.
Sanctions for them are provided for by Art. 289, 290, 291, 291.1 of the Criminal Code.
Punishment
This act is considered a crime of the least gravity. The maximum sentence under this article does not exceed two years in isolation from people. In addition, Art. 289 of the Code of Crimes contains some more 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 holding certain posts for up to 5 years with the payment of a fine of up to 80 thousand, or the convict's earnings for a period of up to six months;
- work that is carried out without fail guilty, their duration should be no more than 480 hours;
- arrest - up to six months;
- Forced labor - up to two years.
Practice
The head of the local city administration organized his own casino undercover. He issued all the documents for his brother, nevertheless he dealt with 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 organization’s affairs, but also has a share in the authorized capital. And this is despite the fact that officials are forbidden to engage in commercial activities. A criminal case was opened against the official. During the interrogation, he confessed everything. The court sentenced him to six months of isolation from society. The punishment the former official will serve in the settlement.
As can be seen from the above example, the employee received a short term under Art. 289 of the Criminal Code. Practice shows that the courts do not prescribe maximum punishment to former officials for such acts.
Appeal
Not always public servants admit their guilt of 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 held serious government posts.
As a rule, the appeal of such sentences does not take much time, but almost always the procedural acts are not satisfied. This is due to the fact that the judges are not ready to make a new decision in relation to a person whose guilt has already been proved by a lower court.