Tip 1: What is not illegal business activity
Tip 1: What is not illegal business activity
Illegal entrepreneurial activityassumes the absence of state registration, a special permit. If this activity is carried out with registration and licensing documents, it can not be recognized as illegal.
The current criminal legislation of the Russian Federationcontains a special composition of an economic crime, which is called illegal entrepreneurship. Attraction in criminal liability for such an act is possible only if there are significant negative consequences. If a certain person or group of citizens carried out illegal business activities without serious consequences, they will be punished administratively. In all cases, for the recognition of commercial activities as illegal it is necessary to have a state registration (as an organization, an individual entrepreneur) or a special permit when it is required in accordance with federal law.
When is administrative responsibility for illegal business?
Any lawful entrepreneurial activityshould be preceded by state registration with the tax authorities. For some activities, organizations and entrepreneurs must obtain licenses after state registration. Failure to comply with any of these requirements will entail the imposition of administrative punishment. So, in the absence of state registration a person can be held accountable in the form of an administrative fine, the amount of which will be determined in the range of five hundred to two thousand rubles. If the state registration is available, but there is no license, the fine for the citizen will be 2000-2500 rubles, and for the organization 40000-50000 rubles. In addition, in the latter case, manufactured goods, equipment, raw materials will be confiscated, if the nature of the relevant activity presupposes such production.In what cases is criminal liability brought to bear?
Criminal legislation against illegalentrepreneurial activity includes the acts described above. The only difference that makes it possible to bring the perpetrators not to administrative but to criminal responsibility is the consequences arising from such actions. If a person received as a result of illegal business income, the amount of which exceeds one million rubles (large size), then he is expected to be punished in the form of a fine of up to three hundred thousand rubles, compulsory work or arrest. More severely punishable actions in the organized group, as well as when receiving income in excess of six million rubles (especially large size).Tip 2: What kind of punishment is provided for illegal business?
Illegal entrepreneurship is the conduct ofactivities aimed at making profit without registration and related licenses. Responsibility for this act can be criminal and administrative.
Instructions
1
Illegal business canbe prosecuted under an administrative, criminal or tax code. The liability envisaged may differ both in terms of the procedure for attracting, as well as possible punishment.
2
In order for the activity to beTo qualify as an illegal enterprise, it must correspond to two conditions - to be systemic and aimed at making a profit. Systemic means activity that repeats more than twice a year. If a person sells goods for the same price, or for less money than he spent on acquiring, then this is not entrepreneurship.
3
Administrative liability is provided for by h.1 st.14.1 CCP of the Russian Federation. This article assumes the softest punishment, namely a fine of 500 to 2,000 rubles. In this case, the fact of illegal business activity can be detected by the state inspection, the police, the tax or the prosecutor's office. Usually, one of the employees of these structures comes to the citizen with a check. The commencement of office work is carried out on the basis of the drawn up protocol. It should be noted that it is possible to bring a person to administrative responsibility only within two months from the date of drawing up the minutes. Therefore, if the court does not have time to consider the case within the specified time, the judge may decide to terminate the proceedings.
4
The worst thing that can threatenAn entrepreneur who conducts business without registration is a criminal liability. It is provided in art. 171 of the Criminal Code. But for this purpose, the police or the prosecutor's office must prove that the state (citizens, organizations) was damaged more than 250 thousand rubles. To prove the receipt of such an impressive income in practice is problematic (usually such amounts are opened in the investigation of cases of money laundering), therefore, cases are rarely opened for this article. If the income received was proven to be up to 1 million rubles, then responsibility for this is provided in the form of a fine of up to 300 thousand rubles. or the salary of the convicted person for a period of up to 2 years, or compulsory work up to 240 hours, or arrest up to 6 months. With a total of more than 1 million rubles. the possible penalty increases to 500 thousand rubles. or wages up to 3 years, or imprisonment up to five. The latest amendments excluded the confiscation of property from the list of punishments.
5
The tax code provides for punishment in the form ofa fine of up to 10% of the profits received, but not less than 20 thousand rubles. If the tax authorities prove that the activity was conducted for more than 90 days, the fine will be 20% of the income received, but not less than 40 thousand rubles. If the registration deadline is not respected, the fine is from 5 to 10 thousand rubles.
