The three largest business associations wrote to the Prime Minister Dmitry Medvedev a letter with a proposal to consider the “full decriminalization” of cartel agreements. The document was signed: the President of the chamber of Commerce Sergei Katyrin, President, Russian Union of Industrialists and entrepreneurs Alexander Shokhin and President of “Business Russia” Alexey Repik, RBC.
Dissatisfaction with business associations called the package of bills FAS, was developed in the beginning of this year. According to the document, the maximum term of imprisonment for participation in the cartel increases from three to four years, and under the conditions when cartels make members of the Board of Directors or majority shareholders of companies — to eight years. If the offence is committed by an organized group or causing especially large damage, or the generation of income in especially large size, or with the use of violence (or threat thereof) imprisonment up to 10 years. Certain concessions to entrepreneurs FAS already gone. According to the current version of article 178 of the criminal code, the income of cartels in large amount means the amount exceeding 50 million virtually any, especially large income — 250 million virtually any major damage from collusion is 10 million virtually any, and especially large damage — 30 million virtually any.
The authors of the letter believe that the creation of cartels can be effectively denied by the high penalties that make it unprofitable, it will provide “the same level of deterrence of violations, and imprisonment.”
“From this point of view, the business community, in principle, opposed to the criminalization of the responsibility for the conclusion of cartel agreements and believes that persons involved in cartel agreements should not be isolated from society,” the letter reads.
If the government is not ready to decriminalize this sphere, the authors of the document suggest to improve the level of major income up to 500 million virtually any, and especially large — up to 1 billion virtually any. Major damage, according to their plan, should amount to 100 million virtually any, and particularly large — 300 million virtually any.