ACCORDING TO GOVERNMENT, PROPOSED AMENDMENTS TO RA CRIMINAL CODE AIMED AT ENSURING PROPORTIONALITY OF CRIME AND PUNISHMENT ENVISAGED FOR IT

Noyan Tapan

Nov 24, 2008

YEREVAN, NOVEMBER 24, NOYAN TAPAN. By statistical data on crimes
against economic activities (Articles 188-212 of the RA Criminal
Code), 192 crimes against economic activities were recorded in 2004,
189 in 2005, 204 in 2006, 176 in 2007 and 282 crimes in the first ten
months of 2008. Out of 282 crimes in 2008, 182 ones were related to
evasion from taxes, duties or other compulsory payments (Article 205
of the RA Criminal Code). The most widespread crimes against economic
activities are illegal entrepreneurial activity (Arcticle 188), false
entrepreneurial activity (Article 189), manufacturing and sale of fake
wine, vodka or other alcoholic drinks (Article 207), and forgery and
sale of excise stamps (Article 208), the RA deputy prosecutor general
Mnatsakan Sargsyan said at the November 24 parliamentary hearing on
the bill on making amendments and additions to the above mentioned
articles of the RA Criminal Code.

He underlined the necessity of improving tax administration and
increasing the efficiency of punishments envisaged for economic
crimes in order to ensure socioeconomic development and progress
in Armenia. With this aim, some amendments and additions have been
proposed to the corpuses delicti included in the chapter on crimes
against economic activities of the RA Criminal Code, and these
amendments are aimed at ensuring a proportionality between the crime
and punishment envisaged for it.

As the co-reporter, member of the National Assembly Standing
Committee of State and Legal Issues (that initiated the hearing)
Artak Davtian said, the issue was presented twice at the committee,
and the government was proposed amending it so that the amendments
would not been formal and would serve their purpose. In his words, no
one is against using stricter punsihment but the logic of the proposal
should be clear, while the State Revenue Committee should present
the necessary substantiation in terms of efficiency of tightening
tax administration. A. Davtian reminded that during the meeting
with the heads of the tax service three months ago, the country’s
president said that the service worked extremely badly in terms of
professional, human and moral standards. According to the NA deputy,
he has an apprehension that the proposed amendments will contain
corruption risks from the viewpoint of their use.

It became clear from the further process of the hearing that the
other participants of the hearing, including the representatives
of the Union of Manufacturers and Businessmen, the NA Legislation
Analysis Department, and NGOs on protection of consumer rights, also
have reservations and not unequivocal opinions about the amendments
and additions. In particular, there was an opinion that by current
legislation the tax bodies and the prosecutor’s office have enogh
powers to intervene and play a preventive role, so the adoption of
the bill is inopportune.