The Center is a platform under the Presidential Ombudsman for the Protection of Entrepreneurs' Rights and performs the function of analyzing appeals from Russian business entities and identifying facts of violation of their rights. During the meeting, cases were heard on appeals of entrepreneurs who stated that they had been subjected to illegal criminal prosecution.
One of the cases was presented by Sergey Gaevsky, Managing Partner of the Moscow Law Office "ZASCHITA". In this case, an individual who was accused under Part 4 of Art. 159 of the Criminal Code of the Russian Federation applied for legal and public support. In 2019, following the results of his participation in the procurement on the electronic trading platform, he entered into contracts with several schools of Krasnodar for the supply of laptops. The supplied laptops were paid for by the municipal agency. In March 2020, the Investigative Department of the Main Investigation Department of the GUMVD of Russia for the Krasnodar Territory opened a criminal case against the entrepreneur. According to the investigation, the supplied equipment did not meet the technical characteristics specified in the description of the objects of purchase, thus, the entrepreneur became suspected of committing theft of funds in the amount of over 1 million rubles.
The entrepreneur himself believes to have fulfilled all obligations under the contracts in good faith and that his actions do not contain corpus delicti. Having heard the details of the case and the businessman himself, the experts started a lively discussion. The expressed opinion is that in this case there is no composition of the incriminated crime, and the very fact of initiating this criminal case is an illegal and unjustified transfer of civil law relations into the criminal plane. The entrepreneur's activities were carried out within the framework of the national project "Growth Point" (rus. "Tochka Rosta"), and this whole story can be the part of the struggle for funds allocated for its financing. The experts unanimously recommended the case for consideration by the Presidential Commissioner for the Protection of the Rights of Entrepreneurs to provide support to the businessman.