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6.6. Issues of Criminal Liability of Beneficiaries, Members and other Stakeholders: Present-day Challenges

Track: 6. Litigation and Arbitration Practice

Description

The endurance of ‘corporate veil’ hiding the persons having direct influence on companies’ affairs and operations from unnecessary attention of government authorities is one of the main issues of both criminal and fiscal practice.

Civil and corporate law provide for the balance of such persons’ interests. However, some criminal-law and fiscal instruments are often used in order to pierce a corporate veil; on one hand, it ensures market transparency, but on the other hand, it undermines civil transactions sustainability.

The practice of legal entities’ ‘influence agents’ criminal prosecution is widely spread, being related both to money laundering laws and fiscal liability, as well as to other public procedures. The legal environment in Russia shifted to general use of criminal law instruments. Is this the only way, the inevitable evil on the background of incapacity of all other means for public interests protection? Are there any alternatives? Can we find the point of balance and support the market?

Moderator:

Natalya Shatikhina

Advocate - Managing Partner, CLC Law Firm - Associate Professor of the Criminal Law Department of the Law Faculty, St. Petersburg State University

Speakers:

Valeriy Zinchenko

Advocate, Senior Managing Partner, Pen & Paper

Sunil Gadhia

Partner of the London Office, Cleary Gottlieb Steen & Hamilton LLC

Konstantin Kolpakov

Deputy Chairman of the Board, MOSOBLBANK PJSC

Sergey Ovsyannikov

Associate Professor of the Department of State and Administrative Law, St. Petersburg State University


*This schedule may be subject to change