President approves changes to Criminal Code
By Nigar Abbasova
President Ilham Aliyev has signed a decree on changes to the Criminal Code. The changes are aimed at mitigating punishments for certain deeds and stipulating development of entrepreneurship in the country.
The changes envisage decriminalization of a number of deeds as well as mitigating punishments for certain violations. The changes apply to such economic offences as illegal entrepreneurship, illegal holding of lotteries and gambles, false entrepreneurial activity, acquisition, possession and use of funds or other property by criminal means, illegal obtaining and use of the credit by the head of organization or individual entrepreneur, violation of rules of use of state credits, intentional evasion of debt payment, illegal use of trademark, false advertising, illegal turnover of food products, manufacture with the use of genetically modified plants, violation of rules of securities issuance, fabrication, acquisition and use of securities, counterfeit money, documentary stamps, intentional or fake bankruptcy.
Commenting the changes to the Criminal Code Oktay Hakverdiyev, doctor of economics, former head of the financial-credit and economic department of the Cabinet of Ministers said that amendments will provide new opportunities for entrepreneurs. He underlined that liberalization of economy is a right and timely decision. “We have no problems in oil industry and processes in the sphere are under control while non-oil sector is in need of further development,” expert noted.
In accordance with the law on changes to the Criminal Code, individuals arrested for the deeds which will not be considered as a crime after the approval of the changes will be freed from the punishment. Individuals will be considered as having no previous convictions should they have already served a term for the deed. Prisoners will get a right to make a request for the review of their case even if their punishments for the deed were previously mitigated.
The decree also specifies changes to the amount of fees for certain number of economic offences. The law in effect considers specific amount of fee while the amendments envisage substitution of specific figures by the amount equal to the caused damage thus making punishment more adequate and respective to the deed.
The expert mentioned that the decision will give a stimulus for the developing entrepreneurship, creating favorable conditions for business, and stimulate people to get engaged in entrepreneurial activities. “The decision will also activate economic processes particularly in the non-oil sector,” he said.
The changes also specify toughening punishments for certain deeds. Violation of the rules of securities issuance will be punished by arrest for the term of up to one year. The Criminal Code in effect envisages a penalty at the extent of from 100 to 500 manats ($ 66.72 – 333.622), public works for the term of from 300-400 hours, or corrective works for the term of up to one year. Amendments envisage a fee at the double or fourfold extent of the caused damage as well as increase of the term of corrective works from one to two years, and cancellation of the public works for the deed.
Amendments also provide for the increase in the sum of caused damage the reach of which leads to the criminal liability. Current legislation envisages criminal responsibility for a number of economic offences causing damage at the extent of from 1,000 to 7,000 manats ($ 667 – 4,670). Amendments imply criminal liability should the deed causes damage at the extent of from 20,000 to 100,000 manats ($13,344 – 66,724)
The changes also affect false entrepreneurial activity which stands for the creation of an enterprise aimed at credit obtaining, fees exemption or other benefits without the intention of business activity. In accordance with the law in effect, individuals engaged in the false entrepreneurial activity that caused significant damage are imposed by penalties at the double extent of the caused damage or arrest for the term of up to 6 month. The amendment envisages release from criminal liabilities should the deed is committed for the first time.
The expert expressed his confidence that the decision will be accepted positively. It is expected that the changes will also stimulate the establishment of new companies in Azerbaijan as there is no obstacles for the entrepreneurship.
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