Alliance Legal Consulting Group took part in the XXI International Scientific and Practical Conference ‘Kovalev Readings’ as a strategic partner. Nikita Rozhentsov, attorney-at-law, Counselor of Alliance Legal's Criminal Law Practice, made a presentation at the event.
Criminalisation of relations in the sphere of service provision and problems of their qualification
In his presentation, Nikita Rozhentsov highlighted the complex issues of distinguishing between criminal and civil law relations. He analysed current trends and cited statistics on the increase in criminal cases related to fraud in the provision of services.
Main aspects of the presentationhttps://www.cckr.ru/o-konferentsii
The line between civil and criminal relations
According to the statistics of the Judicial Department under the Supreme Court of the Russian Federation, the number of those convicted for fraud (Art. 159 of the Criminal Code of the Russian Federation) in 2021-2024 increased by 35%.
In most cases, the qualification of acts is clear, but in practice there are often controversial situations, when it is difficult to draw a clear line between a civil violation and a crime.
Examples of criminal prosecution of lawyers
Several recent cases (2022-2024) have involved allegations of fraud in the provision of legal services to state-owned companies.
The grounds for finding the fees ‘criminally excessive’ included the failure to meet the market average and the lack of academic degrees of the lawyers, even if the clients themselves did not make any claims about the quality of services.
Position of the legal community
The Federal Chamber of Lawyers emphasises the principles of freedom of contract and dispositiveness, but courts often ignore these provisions.
There is a risk of unnecessary criminalisation of service provision and interference in civil law relations.
The XXI International Scientific and Practical Conference ‘Kovalev Readings’ took place in Ekaterinburg and gathered about 400 participants, including scientists, judges, practicing lawyers, attorneys, as well as representatives of the Ministry of Internal Affairs and the Prosecutor's Office. The main topic of the event was the impact of modern realities, primarily sanctions, on law enforcement in the field of criminal and economic law.
One of the key sessions of the conference was a discussion on the topic: ‘The convergence of criminal and civil law norms: problems and ways to solve them’.
Alliance Legal Consulting Group will continue to participate in the development and promotion of effective solutions in the field of law enforcement, contributing to the protection of the interests of bona fide professionals and the development of the Russian legal system.