The Commissioner for the Protection of the Entrepreneur's Rights in the Moscow Region  appealed to the regional prosecutor's office after examining the arguments set out in the entrepreneur's appeal.  

The prosecutor's office of the Moscow Region carried out an inspection, as a result of which the criminal case initiated against the entrepreneur was terminated due to the lack of corpus delicti in the businessman's actions.

    The Commissioner for the Protection of the Rights of Entrepreneurs

in the Moscow Region recieved for consideration an appeal from a lawyer representing the interests of the CEO of LLC of complaint against actions of the investigation department of the Ministry of Internal Affairs of Russian Federation 

in the Sergiev Posad urban district of the criminal case initiated against a local businessman.

    It follows  that the Company carried out economic activities for the production of soap, detergents, cleaning and polishing agents.

    A criminal case was initiated under clause "b" part 2 of Art.  171 of the Criminal Code of the Russian Federation in July 2020 by the Investigation department of the Ministry of Internal Affairs of Russia for the Sergiev Posad District in relation to the CEO of the Company upon the fact of carrying out entrepreneurial activities in the period from January 2017 to March 2020 without a license, expressed in the production and sale of chemical products with the extraction of income on an especially large scale in the total amount  more than 9 million rubles.

    During a police search in August 2020, in the production premises of the Company, located in the Sergiev Posad urban district , finished products, as well as production equipment, were seized.

    At the same time, containers with products, as well as equipment

they were not sealed during seizure and dismantling, which, in the opinion of the defense, does not exclude the possibility of their damage, falsification or other illegal actions. In addition, during their seizure, there were no specialists with the proper skills and knowledge in the production and storage of chemical products.

As a result of these actions, the Company's activities were completely terminated. As the applicant pointed out, the operation of hazardous facilities, although requiring licensing in accordance with industrial safety legislation, is not an entrepreneurial activity, since it is only a part of the technological process.

    “I had to apply to the regional prosecutor's office so that the case was studied in detail and the necessary measures were taken in this case.  The prosecutor's office of the Moscow Region carried out an inspection, according to the results of which a criminal case terminated on the basis of clause 2 h. 1 of Art.  24 of the Criminal Procedure Code of the Russian Federation due to the absence of corpus delicti in the actions of the CEO of LLC. The equipment and products seized during the search were returned to the entrepreneur. The excited and protracted consideration of the case for many months caused the stoppage of the production cycle, and hence the loss of income for this entrepreneur.  As a result, the rights of the merchant were restored, and this is the main thing, ”summed up the Business Ombudsman of the Moscow Region Vladimir Golovnev.