RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE RUSSIAN FEDERATION

of November 18, 2004 No. 23

About court practice on cases on illegal entrepreneurship

For the purpose of ensuring the correct application of the legislation on criminal liability for crimes in the field of economic activity, the stipulated in Article 171 Criminal Code of the Russian Federation, and in connection with the questions Plenum of the Supreme Court of the Russian Federation which arose in court practice decides to make to courts the following explanations:

1. According to part 1 of article 34 of the Constitution of the Russian Federation everyone has the right to free use of the capabilities and property for the entrepreneurial and other not prohibited by the law economic activity.

In case of the solution of question of availability in actions of person of signs of actus reus, the stipulated in Article 171 Criminal Code of the Russian Federation, courts should find out whether there correspond these actions to the signs of the business activity directed to systematic profit earning from use of property, sales of goods, performance of works or rendering services specified in Item 1 of article 2 Civil Code of the Russian Federation which is performed independently on the risk by person registered in the procedure established by the law as the individual entrepreneur.

According to article 23 Civil Code of the Russian Federation the citizen has the right to be engaged in business activity without formation of legal entity from the moment of state registration as the individual entrepreneur, and the head of peasant farm - from the moment of state registration of peasant farm. The legal entity is subject to state registration (articles 49 and 51 Civil Codes of the Russian Federation).

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