Vadim Klyuvgant: It is a horrid law
“The party in power initiated changes in the Criminal Code, which aims to protect the entrepreneurs from the arbitrary actions of the law enforcement officials”, as stated by the deputy head of the Economic Policy Committee, Igor Igoshin.
Among the invited experts on illegal imprisonment of entrepreneurs was the lawyer of Mikhail Khodorkovsky, Vadim Klyuvgant. The lawyer and the members of the United Russia party hold pretty much similar positions regarding the new draft law. The draft changes to Article 159 of the Criminal Code (which discusses fraud) was presented by Rafael Mardashin (member of the National Front party). He explained that the Code lacks the proper definition of fraud, “It gives the law enforcement officials the possibility to initiate the criminal proceedings based on false reasons.” There are many who suffer from this Article, especially entrepreneurs: this Article is often used in order to deal with competitors, noted Mardashin.
The Duma hasn’t yet agreed on the final draft of changes to the Article 159. The members of the Duma are studying the international experience and having consultations with experts. The selection of experts is remarkable; among the invited lawyers was Vadim Klyuvgant. One of the main targets of this meeting was the assessment of the amendments draft to Article 159, which was offered by the Supreme Court. “It is a horrid law” (the amendments draft offered by the Supreme Court), expressed Vadim Klyuvgant, “this law contradicts the will of the President, who instructed to first and foremost separate entrepreneurs and criminals”.
Klyuvgant did not want to discuss the definitions of fraud offered by the Supreme Court, “This draft avoids the separation of business risks and the criminal actions by using the sentence that the business deal and the crime can happen simultaneously”. He also noted that the Supreme Court has already implemented this position in their law enforcement practices.
Klyuvgant added that, “Recently we have received yet another confirmation of this position from the Supreme Court. Even though they mentioned Article 160, the logic was absolutely the same”. This reference was most likely to the case of Khodorkovsky, although he did not mention his client’s name.
All participants of the meeting agreed with the necessity of the separation of business activities and criminal activities, mentioned by Klyuvgant, including two United Russia party members, Dmitry Vyatkin and Rafael Mardashin. Mardashin has also agreed that the draft law of the Supreme Court would not solve the problem, “There is no definition of fraud, but merely six more compounds, which can be used to prosecute the entrepreneurs. The new draft, prepared by the Duma, above all offers a definition of the concept of “fraud”. It states that fraud is an action that takes place with intention, for selfish reasons and deliberately.”
Coordinator of the discussion club, Igor Igoshin did not attend the meeting; however, he expressed his opinion in absentia. According to him, the changes to the Criminal Code are necessary in order to “protect the entrepreneurs from the arbitrary actions of the law enforcement officials. It is a fact that Article 159 is misused.”
Responding to the question of how he evaluates the case of Mikhail Khodorkovsky, whose lawyer was invited as an expert, Igoshin said that he was not going to comment since he was not properly familiar with the details of the case. “Our discussion platform is open to everyone”, he said, adding that the choice of the experts was up to the head of the “Business-Solidarity” organization, Yana Yakovleva, with whom he “largely agrees”. Igoshin pointed out that the idea of changing the rules which force the accused to be held on remand also belong to her and she was able to present it to the President.
