Lawyers of the Criminal Defense Firm expect total control over the defense order in a mobilization economy

With the introduction of a mobilization economy in Russia, opportunities increase for some businesses, but state control is strengthened, says Alexei Kasatkin, senior partner at the Criminal Defense Firm. On the conferences “Kommersant” “Criminal and subsidiary liability of owners and management: results of the year 2022,” he told what the introduction of such measures could lead to.

Mr. Kasatkin noted that for some businesses, the introduction of the mobilization economy will lead to the emergence of new areas for the sale of products. In addition, Russia is introducing a simplified process for attracting contractors under contracts under the state defense order and for selecting sole suppliers. “The disadvantages are total control, more enhanced control by the state, primarily by law enforcement officers. If we worry and sometimes talk about state and municipal procurement, then it is obvious that the sharp control from the state for business in the field of defense orders is much stronger and more significant, ”said the senior partner of the Criminal Defense Firm.

Aleksey Kasatkin noted that in September new articles of the Criminal Code were introduced in Russia, according to which businessmen can be involved in participating in the state defense order. These are violations of the terms of the state contract for the state defense order and similar actions on the part of an official (201.2, 285.5 of the Criminal Code of the Russian Federation), refusal or evasion of concluding a state contract and similar actions on the part of an official (201.3, 285.6 of the Criminal Code of the Russian Federation). According to the lawyer, the appearance of new articles in the Criminal Code of the Russian Federation suggests that “the strengthening of state control over this area is irreversible.”

As an example of criminal prosecution in the execution of a state defense order, the expert cited the case of a top manager of a “very large missile center in our country”, who was accused of taking bribes and kickbacks for taking actions in the interests of a state contract executor. Mr. Kasatkin did not name the accused. The lawyer drew attention to the fact that, according to the defense, the principal is charged with receiving money for committing actions that are not within the scope of his official powers. Lawyers note that the representatives of the contractor reported the transfer of money to the FSB three years later.

In Russia about the mobilization economy in June in an interview TASS reasoned First Deputy Prime Minister Andrei Belousov. He said that in Russia there are three scenarios for the path of the economy: the usual scenario of situational response, the mobilization economy, and the path of reforms. At the same time, the head of the United Russia faction in the State Duma Vladimir Vasiliev and Speaker of the Federation Council Valentina Matvienko opposed the introduction of a mobilization economy.

Be that as it may, in the summer the government, the State Duma, the Federation Council and President Vladimir Putin introduced a law on ensuring the conduct of operations of the armed forces abroad. The document, in particular, allows the authorities to oblige businesses to work under state orders in the interests of the army and special services, and military-industrial complex employees to work at night and seven days a week.

More about the document – in the material “Kommersant” “Tanks are not afraid of recession”.

Leonid Uvarchev