The extremely famous Humanization
of Liability for Economic Offences Act 2011 (for more details please see my post
of 8 November 2011)
being in operation from 17 January
2012 has received mixed estimates from taxpayers. The most of the criticism has
been aimed at its provisions stating that:
- A fine as a punishment for certain crimes, including large-scale
tax evasion,
must not be less than the amount of the actual damage caused by the crime (the
amount of the tax evasion);
- The amount of bail must not be less than the amount of the
actual damage caused by the crime (the amount of the tax evasion).
The existence of such provisions hampers or even
makes it impossible to benefit from the progressive
rules of this Act with regard to the replacement of an imprisonment
by an fine and the replacement of an arrest (as a preventive
measure) by bail.
It seems that
the government has accepted the criticism, at least in part. The new Criminal Proceedings Code of
Ukraine (for more information on this code please see the post of 19 May 2012) has no rules
determining that the amount of bail ought not to be less than the actual damage
(the amount of the tax evasion). With the entry into force of the new Criminal
Proceedings Code of Ukraine the amount of bail will no more tied to the
amount of the damage and will be limited to 300 minimum wages (UAH 321.9 thousand
for the year 2012).
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Thursday, May 31, 2012
New Criminal Proceedings Code of Ukraine: Bail Amount to Decrease
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