Starting a criminal case is not easy. A citizen who contacts the police, the prosecutor's office should know that such cases do not arise on empty place. Required condition when applying - evidence.

Let's take a look at how the procedure for initiating a criminal case in Russia goes.

The procedure for initiating a criminal case in the Russian Federation - bodies and authorized

A citizen of the Russian Federation has the right to contact the police and ask to initiate a criminal case.

The order of this procedure is as follows:

1. A citizen comes to the police department of a city or district with a written appeal - a statement , which contains a request to initiate a criminal case, as well as the grounds for this action.

Copies of documents confirming the criminal act may be attached to the application.

2. Issuance of a certificate-notification of acceptance of the application

According to part 4 of article 144 of the Code of Criminal Procedure, the person who accepted the document must issue a notification where his data, date and signature will be indicated.

3. After filing an application, an employee of the body of inquiry, who is also an interrogating officer, must take evidence from the applicant and ask everyone about the situation

In addition, witnesses may be interviewed, the specialist may require the submission of documents, items that will establish information on the case.

All the circumstances and characteristics of the crime that the investigator finds out will be set out on paper and certified by the signature of the employee of the body of inquiry.

4. At the next stage, all documents are submitted to the investigator or prosecutor

Remember, only the prosecutor can initiate a criminal case.

In some cases, this right is given to the investigator or interrogator, but these officials should be written agreement by the prosecutor.

The case will be filed if:

1. The prosecutor will detect signs of a crime by looking through the documents.
2. The investigator independently discovered the criminal act, examining other cases. A specialist, as a rule, must apply to the prosecutor and ask for his consent to consider a new criminal case.
3. The interrogating officer needs to carry out urgent investigative actions, indicated in part 1 of article 157 of the Criminal Procedure Code of the Russian Federation. Usually, the body of inquiry, like the investigator, petitions the prosecutor.
4. The authorities received a message about a crime committed in public against a private person. Note that in the place of the victim there must be a person who is in a dependent state, or who has not used his full rights to protection. As a rule, the authorities cannot delay and they need to investigate.

5. Then the prosecutor either initiates a criminal case, sending it to the court, or writes a refusal to initiate

Note that no other civil servant, except for the prosecutor, can initiate a criminal case.

The applicant will be informed about whether a criminal case has been opened. Usually, a written decision is sent to his specified address.

It is worth knowing that there is a slightly different procedure for initiating and considering criminal cases.

It depends on the type of the case.

For example:

1. The case of private prosecution under Articles 115, 116, 128.1 of the Criminal Code of the Russian Federation

In this case, the applicant must apply to the magistrate. It is he who takes the statement from the victim.

Such cases, as a rule, can be terminated if the parties reconcile (Part 2, Article 20 of the Criminal Procedure Code of the Russian Federation).

2. The case of private-public prosecution described in articles 131,132, 137-139, 145-147, 159-159.6, 160, 165 of the Criminal Code of the Russian Federation

When considering such cases, it is impossible to reconcile the parties. The application is also written in the name of the justice of the peace.

The accused in such cases, as a rule, will be punished (Part 3, Article 20 of the Criminal Procedure Code of the Russian Federation).

Remember: if a citizen cannot defend his rights himself due to dependence or helplessness, then the case is created automatically - in the general manner.

3. Cases of public prosecution specified in Article 447 of the Code of Criminal Procedure of the Russian Federation

They are considered in the same way as the previous ones, only with public disclosure, if the parties so desire.

A representative of the body of inquiry, an investigator, can initiate a case, in accordance with Article 146 of the Code of Criminal Procedure of the Russian Federation.

Grounds for initiating a criminal case under the Criminal Code of the Russian Federation

You can't start a business just like that, you need good reasons for this.

According to Part 2 of Article 140 of the Criminal Procedure Code of the Russian Federation, first of all, the prosecutor looks at the data, which should indicate all kinds of signs of the committed act and confirm it. Such information should reflect the external and internal side of the crime committed against the laws of the Russian Federation.

Determining the presence of signs, the prosecutor, or the person replacing him - the investigator, the interrogating officer - notes:

1. What is the object of the crime.
2. Was the event socially dangerous and illegal.
3. How was the crime committed?
4. What means, tools, devices were used to influence the victim.
5. Where was the crime committed and at what time.
6. What is the identity of the perpetrator, are there any known facts from the biography of the suspect. For example, whether he was convicted, whether he is sane.
7. What is the age of the person who committed the crime? in Russia criminal liability occurs at 14 and 16 years of age.
8. What was the purpose, motive and intent of the crime.

It also takes into account whether there are grounds for refusal listed in Article 24 of the Code of Criminal Procedure of the Russian Federation. If they are absent, then a criminal case is initiated.

Terms of consideration of applications for initiation of criminal proceedings

Representatives of the authorities are obliged to accept and consider any message received about a crime. within 3 days .

In addition, during this time the prosecutor, or a person replacing him, must make a decision - initiate a criminal case and send it for investigation, or refuse to initiate a case (part 1 of article 144 of the Code of Criminal Procedure of the Russian Federation).

Deadline for your application can be extended up to 10 days, according to the same article.

This happens only when it is necessary to carry out:

1. Forensic examination.
2. Control and authenticity of documents.
3. Checking objects, murder weapons, etc.
4. Corpse examination.

It happens that The prosecutor extends the term of consideration of cases up to 30 days . It is this period that is required in order to carry out activities aimed at searching for and checking something or someone (part 3 of article 144 of the Code of Criminal Procedure of the Russian Federation).

Of course, every decision will be justified. If the term for consideration of your application is increased, then you will definitely know about it. According to Article 145 of the Criminal Procedure Code of the Russian Federation, the police must inform the applicant of the decision. In addition, you should be told about the right to appeal the decision.

But it also happens that the person who applied is not notified, although something else is written on the papers in the authorities. Call on the phone, come in person and try to find out at what stage your case is stuck. If in response you hear evasive phrases, then you should write a statement with a complaint to the prosecutor.

Results of consideration of a crime report - when can a criminal case be refused?

Determining the decision to create a case in accordance with the procedure of the criminal code, the representative of the prosecutor's office, the investigative committee must be guided important document- Article 24 of the Code of Criminal Procedure of the Russian Federation.

Not always everything goes smoothly for citizens who want to get the status of an individual entrepreneur. In some cases, they may be denied registration of IP. You should not be afraid of this, because it will be enough to understand what to do in such cases and how to correct the situation that has arisen. In addition, knowledge of the possible causes of failure will in many cases allow avoiding this unpleasant situation and preventing possible errors.

Why can they refuse to register an IP

Russian legislation clearly regulates the procedure for registering an individual entrepreneur. Not only the requirements for the applicant, the list of documents, the amount of the state fee and other mandatory parameters are indicated. Also described are possible reasons failure. Knowing them, you can pay attention to key aspects in advance:

• The reason for the refusal may be incorrectly filled out. It is necessary to strictly follow the prescribed filling procedure, write legibly and without blots, indicate only the original data - just like in the passport.
• An incomplete package of documents provided by the applicant will not be accepted. You need to collect the complete package and provide it during registration, without missing anything.
• A future entrepreneur may make a mistake with the choice of the place of registration. You should contact only the IFTS that works at the place of registration of the future IP. If necessary, you can preliminarily clarify the correctness of the appeal to a particular body.
• If the applicant is already registered as individual entrepreneur and did not complete the liquidation procedure, he will be denied. According to Russian legislation, a citizen does not have the right to obtain more than one valid IP registration certificate.
• By a court decision, a citizen may be deprived of the right to engage in entrepreneurial activity for a certain period. If he tries to submit an application while this period has not yet expired, then his application will be denied.
• If the applicant has already been registered as an individual entrepreneur, and his enterprise went bankrupt or was liquidated forcibly, then within one year after that he does not have the right to register again as an individual entrepreneur.

A separate category of refusals is the choice as an entrepreneurial business of one of those types of activities that are included in the list officially prohibited for individual entrepreneurs. So, an individual entrepreneur does not have the right to engage in the following types of work:

• alcohol production and sale alcoholic beverages Wholesale and Retail;
• any activity related to the production and distribution of narcotic drugs and psychotropic substances;
• production of medicines;
• air transportation;
• development, production and repair of aircraft;
• space activities;
• any activity whose object is weapons and ammunition;
• production of pyrotechnics, distribution of pyrotechnics of the fourth and fifth grades;
• private security activities;
• industrial safety analysis;
• sale of electrical energy;
• organization investment funds and non-state pension funds;
• employment of citizens abroad.

What to do in case of refusal?

It takes only five days to wait for the decision of the registering organization. This is not a very long period, so the applicant will find out about the refusal, if any, quite quickly. Then he receives an official response against receipt or by registered by mail. If a refusal to register an individual entrepreneur has been received, then the following steps should be taken:

• make sure that the authorized organization indicates the reason for the refusal. If suddenly a refusal was received without indicating a reason, it should be established;
• check whether the indicated reason is true (for example, whether the applicant really made a mistake and applied not at the place of registration).

If the refusal was received on the basis of a reason that corresponds to reality, then you need to eliminate the reason, if possible (review the selected type of activity, collect a complete set of documents, fill out the application correctly, and so on) or wait until the end of the period during which the applicant does not have the right register as an individual entrepreneur.

It should be borne in mind when re-applying that the collected documents that the applicant submitted to the registration authority are not returned to him, as well as the money contributed as. Therefore, submit documents and make cash will have to do it again.

If the refusal was unreasonable, then it can be appealed in court. However, it is best to contact competent legal professionals or an agency that provides assistance to aspiring entrepreneurs. This will avoid a situation in which time, effort and money will be wasted. In addition, a qualified lawyer can become a reliable assistant in appealing an unauthorized refusal.

It should be noted that the number of failures for the most part is small and there are very few unauthorized failures. Most often, the cause is minor violations, such as incorrect filling out of the application or the absence of any document. Therefore, banal attentiveness will make it possible to avoid refusal of registration with a high degree of probability.

On April 23, representatives of the Russian opposition once again applied for a rally - the "March of Millions" on May 6. The mayor's office must respond to the notice within three days. It is quite possible that the authorities will once again refuse to hold a rally. Lawyer Oleg Sukhov (Legal Center of Lawyer Oleg Sukhov) tells about the most common reasons for refusing to hold rallies.

What is a rally?
A rally is a mass presence of citizens in a certain place for the public expression of public opinion on topical problems of a predominantly socio-political nature. A rally has the right to take part from 15 people or more, the organizer of a rally can be a citizen who has reached 16 years of age. To hold a rally, it is necessary to create an organizing committee, or an initiative group for holding actions. Such an organizing committee should take upon itself all the preparatory work, and above all, determine the goals and objectives of the rally. Then you have to submit an application for holding a rally, in which you should indicate:
- the purpose of the public event;
- the form of the public event;
- place (places) of holding a public event, routes of movement of participants;
- date, time of beginning and end of the public event;
- the expected number of participants in the public event;
- forms and methods of providing by the organizer of a public event of public order, organization medical care, intention to use sound amplifying technical means when holding a public event;
- full name or name of the organizer of the public event, information about his place of residence or stay, or location and telephone number;
- full name of persons authorized by the organizer of the public event to perform administrative functions for organizing and holding the public event;
- the date of submission of the notice of holding a public event.
The notice of holding a public event is submitted by its organizer in writing to the executive authority of a constituent entity of the Russian Federation or a local self-government body no earlier than 15 and no later than 10 days before the day of the public event, for example, in Moscow, a notification is submitted to the Moscow Government. After receiving a positive response in writing, it is considered that the event is agreed, and you can prepare for its organization and holding.
However, as a rule, it is far from being as easy to coordinate the holding of a rally as it seems at first glance, local governments and executive authorities find dozens of various reasons and arguments for refusing to hold a rally, or by their actions prevent its approval.

The list of the main methods used by the authorities to refuse to hold a rally:

Backdated request for another event
When submitting an application, the rally organizers are informed that another event has already been agreed upon at the same place at the specified time, and this does not have to be the organization of the rally itself, it is enough to approve the event for road repair work.

The place does not correspond to the declared number of participants
The second most popular reason for rejection is the discrepancy between the venue of the rally proposed in the application and the indicated number of its participants. For example, if the area where the organizers want to hold a rally can accommodate only 10 thousand people, the executive authority can formally refuse to hold it, since it involves the participation of 15 thousand or more people.

Unmotivated refusal
There are also frequent cases of unmotivated refusal to hold a rally, when the authorities do not indicate the reason for the refusal to hold it, in this case, one can protect one's rights only in court.

Denial for security reasons
One of the most “favorite” ways of refusing to hold a rally is a reference to the inability of the authorities to ensure public order and safety of citizens during a public event.

Violation of deadlines
There is also a common method such as a banal violation of the deadlines for providing a response to an application for holding a rally, or a complete disregard for the application, this inaction can be appealed in court.

Oleg Sukhov.

6. Expand the concept of entrepreneurial risk

7. List the cases of impossibility of acquiring the status of an entrepreneur

8. Expand the concept of an entrepreneur

9. List the types and forms of entrepreneurship in Kazakhstan

10. Expand the concept of "independence" as a sign of entrepreneurial activity

11. What forms of joint venture exist in Kazakhstan?

12. What is an entrepreneurial business?

13. Expand the concept of "family business"

14. Expand the concept of "entrepreneurship of spouses"

15. Define a simple partnership

16. Can non-profit organizations carry out entrepreneurial activities?

17. How do the concepts of "commercial activity" and "entrepreneurial activity" relate

18. List the types of business partnerships under the legislation of the Republic of Kazakhstan.

19. Give a definition of JSC as a business entity

20. List the types of shares

1. Give a legal description of the cooperative as a business entity

2. Describe the main provisions of the antimonopoly legislation of the Republic of Kazakhstan.

3. Describe and justify the need for licensing business activities.

4. Describe the legal features of the bankruptcy of individual entrepreneurs.

5. Describe the features of the entrepreneurial activity of a state enterprise on the right of economic management

6. Describe the grounds for the emergence of an obligation

7. Describe and compare the legal features of the concept of "entrepreneurial transaction" and "contracts".

8. Describe the means of individualization of business participants

9. Describe the concept of a company name, trademark as a means of individualization of participants in the commodity circulation

Can be registered as a trademark

ten . Describe the process of privatization of state property, order and types.

11. Describe the contract of sale of the enterprise, the content, rights and obligations of the parties

12. Describe the content of public procurement.

According to the Law of the Republic of Kazakhstan dated July 21, 2007 No. 303-III “on public procurement” (as amended and supplemented as of December 10, 2014):

13. Describe the legal status of the stock exchange. Types of exchanges.

14. Describe the features of the regulation of leasing relations.

15. Describe the legal status of consumer organizations.

16. Justify the need for product certification

17. Describe the main guarantees for the development of entrepreneurship in the Republic of Kazakhstan.

18. Describe the legal forms of investment activity in the Republic of Kazakhstan.

19. Describe the main forms of state support for small business

20. Expand the concept of business practices, custom.

1. The property complex "Health Center" was leased for 2 years. What items cannot be rented?

2. The tenant of the enterprise demanded that the owner conduct an audit before concluding a lease agreement. Are the tenant's claims correct?

3. The term of property rental of residential premises was 3 years. Can the landlord terminate the contract early? Under what conditions?

4. Under a leasing agreement, entrepreneur a received agricultural machinery. Who is responsible for the overhaul of leased property?

7. Citizen a rented an Atlant refrigerator and began to use it in his own snowflake cafe. Can the property received for household rental be used for commercial purposes?

9. The driver of the international bus demanded additional payment from the passengers for the transportation of children. What rights do passengers have in passenger transportation?

13. Entrepreneur r. He used the joint property with his wife as collateral to obtain a loan for a joint business. In what case can a commercial bank refuse to issue a loan?

15. Almaz LLP was denied state registration. In what cases can state registration be denied to business entities?

16. Entrepreneur p decided to enter the civil service. Can an entrepreneur transfer his business to third parties?

18. When buying a refrigerator in a store, the customer a. Found hidden defects only at home. What rights are provided by the legislation to the buyer in case of detection of defects in the goods?

15. Too "Almaz" was denied state registration. In what cases can state registration be denied to entities entrepreneurial activity?

According to article 77 paragraph 1 of the Civil Code of the Republic of Kazakhstan

A limited liability partnership is a partnership founded by one or more persons, the authorized capital of which is divided into shares of the sizes determined by the constituent documents; participants in a limited liability partnership are not liable for its obligations and bear the risk of losses associated with the activities of the partnership, to the extent of the value of their contributions. Exceptions to this rule may be provided for by this Code and legislative acts.

Participants in a limited liability partnership who have not fully made contributions shall be jointly and severally liable for its obligations to the extent of the value of the unpaid part of the contribution of each of the participants.

According to Article 42, paragraph 5. of the Civil Code of the Republic of Kazakhstan, business entities may be denied state registration if the procedure established by law for the formation of a legal entity is violated or if its constituent documents do not comply with the law (Article 41 of the Civil Code of the Republic of Kazakhstan Constituent documents of a legal entity. A legal entity operates on the basis of charter and constituent agreement or, if the legal entity is established by one person, the charter and a written decision on the establishment of a legal entity (decision of the sole founder), unless otherwise provided by this Code and the legislative acts of the Republic of Kazakhstan. , a legal entity that is a non-profit organization may act on the basis of general position about organizations of this type). Refusal to register on grounds of inexpediency of forming a legal entity is not allowed.

16. Entrepreneur p decided to enter the civil service. Can an entrepreneur transfer his business to third parties?

According to Article 10 “Restrictions related to being in public service”

A civil servant is not entitled to: engage in entrepreneurial activities, including participate in the management of a commercial organization, regardless of its organizational and legal form, if direct participation in the management of a commercial organization is not part of his official duties in accordance with the legislation of the Republic of Kazakhstan, unless otherwise established the Law of the Republic of Kazakhstan "On the fight against corruption";

Clause 2 of the same article: A civil servant, in accordance with the procedure established by the legislation of the Republic of Kazakhstan, within a month after taking office, is obliged, for the duration of the civil service, to transfer into trust management the shares, shares (shares) in the authorized capital of commercial organizations that he owns and other property, the use of which entails the receipt of income, with the exception of money legally belonging to this person, as well as property transferred for property lease. The contract for trust management of property is subject to notarization. A civil servant has the right to receive income from property transferred to trust management.

17. The party, which is obliged to supply fuel and lubricants under the contract for the supply of fuel and lubricants to a partner in Almaty three times a week, violated the delivery schedule, referring to weather. What are the ways to ensure the fulfillment of contractual obligations provided by civil law?

Obligations mediate relations in the sphere of production, distribution and exchange, entrepreneurship. Obligatory legal relations arise from contracts of sale, supply, transportation, capital construction, etc. Citizens enter into obligations with organizations in the retail sale, consumer services, transportation of passengers and luggage, use of residential premises, etc.

The performance of the contract or the performance of contractual obligations consists in the commission by the party to the contract of certain actions (refraining from taking actions) specified in the subject matter of the concluded contract. And, further, in the assessment of the actions taken: proper execution or not.

Under the methods of securing the performance of an obligation, it is meant special measures that sufficiently guarantee the performance of the underlying obligation and encourage the debtor to behave appropriately.

Methods of security The fulfillment of an obligation may be secured by a penalty, a pledge, a retention of the debtor's property, a surety, a guarantee, a deposit, a guarantee fee and other methods provided for by law or an agreement.

For non-fulfillment or improper fulfillment of obligations under this Agreement, its change or termination unilaterally, the guilty Party, in addition to paying the prescribed fines, reimburses the other Party for the damage caused in full, including lost profits. A one-time set-off penalty is deducted from the amount to be reimbursed.