MEETING OF THE PUBLIC PROCEDURES CENTER “BUSINESS PROTECTION”

02/07/2025 Tatiana Tsepkina took part in the meeting of the Public Council of the Public Procedures Center “Business Protection” under the Commissioner for the Protection of Entrepreneurs’ Rights in the City of Moscow.

 

Opening the meeting, the capital’s Business Ombudsman, Tatyana Sizova, noted the positive dynamics in the results of the consideration of criminal appeals from entrepreneurs. In the first half of this year, five decisions were made to terminate criminal proceedings, and the preventive measure for two entrepreneurs was changed from custody to house arrest. This is a result of the highly professional expert work of the Center and the interaction between the Ombudsman’s office and supervisory law enforcement agencies.

 

During the meeting, an entrepreneur’s complaint about illegal criminal prosecution and unjustified imputation of criminal acts against him was considered. Part 2 of Article 145.1 of the Criminal Code of the Russian Federation for non-payment of wages. The applicant disputes the legality and validity of the initiation of criminal proceedings and notes that he has complied with the court decision on the payment of wage arrears. Based on the discussion and expert opinions, the participants of the meeting concluded that there are signs of illegal and unjustified criminal prosecution of the entrepreneur, and appropriate measures will be taken.

 

“I believe that in this case, there are signs of “abuse of rights” on the part of the employee. While the courts of first and second instance sided with the employer, the court of cassation disagreed with the lower courts’ findings, and the employee was reinstated with all the ensuing obligations, including compensation for forced absence. L&P’s judicial practice in labor disputes confirms that when making a decision to dismiss an employee, it is crucial for the employer to consider the legality of the grounds for dismissal and the evidence that can be presented in court. The employer’s failure to record violations often leads to their loss in court, followed by criminal prosecution,” says Tatyana Tsepkina.