Illegal entrepreneurial activity presupposes the absence of state registration and special permits. If the specified activity is carried out with registration and license documents, then it cannot be recognized as illegal.
The current criminal legislation of the Russian Federation contains a special composition of an economic crime, which is called illegal business. Criminal prosecution for such an act is possible only if there are significant negative consequences. If a certain person or group of citizens carried out illegal business activities without serious consequences, then they will be punished in an administrative manner. In all cases, in order to declare a commercial activity illegal, a person must not have state registration (as an organization, an individual entrepreneur) or a special permit, when it is necessary in accordance with federal law.
When is administrative responsibility for illegal business?
Any legal entrepreneurial activity must be preceded by state registration with the tax authorities. For some types of activities, organizations and entrepreneurs must obtain licenses after state registration. Failure to comply with any of these requirements will entail the appointment of an administrative penalty. So, in the absence of state registration, a person can be held liable in the form of an administrative fine, the amount of which will be determined in the range from five hundred to two thousand rubles. If there is state registration, but there is no license, then the amount of the fine for a citizen will be 2,000-2,500 rubles, and for an organization 40,000-50,000 rubles. In addition, in the latter case, manufactured goods, equipment, raw materials will be confiscated, if the nature of the relevant activity suggests such production.
In what cases is criminal prosecution carried out?
The criminal legislation classifies the above-described acts as illegal entrepreneurial activity. The only difference that makes it possible to bring the perpetrators not to administrative but to criminal liability lies in the consequences of such actions. If a person has received income as a result of illegal entrepreneurship, the amount of which exceeds one million rubles (large amount), then he will face criminal punishment in the form of a fine of up to three hundred thousand rubles, compulsory work or arrest. Corresponding actions as part of an organized group, as well as when receiving income in an amount exceeding six million rubles (especially large amount), are punished more severely.
