18 December 2017

Meeting in the Ministry of Justice on reform of the sanctioning system in the area of business activity

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On 18th December 2017, EBA participated in a meeting organized by the Ministry of Justice with representatives of the business community, civil society and public authorities, focused on discussing the amendments proposed to legal framework related to the sanctioning system in the area of business activity, which concern mainly the Criminal Code, Code of Criminal Procedure, Contravention Code, Law on state controls of business activity, etc. These discussions have been preceded by several technical meetings on the Economic Council to the Prime Minister’s platform, including with international donors.

In stating its position, EBA highlighted that it supports the initiative on reducing the pressure of law enforcement bodies upon the business environment, provided that these amendments ensure the compliance with European standards and prevent abusive actions against the business community. Therefore, EBA welcomed the elimination of criminal offences in the area of banking from the application of release from criminal liability and of conditional suspension of a penalty, as opposed to initial proposals in the draft, and recommended the same approach in relation to criminal offences in the area of insurance and securities. At the same time, EBA stressed the need to adjust the amendments proposed in the area of state controls to the previously approved modifications in the Law on state control of business activity, which ensure the reforming of control functions.

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