Does a Russian legislation provide such option for collecting society?
As reported Rapsi, Russian business man, CEO of “Desten PC” Ltd., was sentenced to one year and was amnestied after pronouncement of suspended sentence. Business man allegedly did not pay private copying levy. According to court decision, business man is guilty under part 2 article 165 of Russian Criminal Code (infliction of property damage to proprietor or possessor of property by way of breach of trust or deceit). Prosecutor requested 2 year suspended sentence. Business man also has obligation to pay two million roubles to Russian Union of Right holders.
But there is one interesting thing. In plain English – who is the victim? In order to be a convicted person under article 165 of Russian Criminal Code according to Supreme Court’s resolution in such cases “courts must determine whether proprietor or possessor of property has sufferred a real material harm or lucrum cessans, i.e lost revenues, which such person would recieve under usual conditions of civil circulation if his right has been not broken by way of breach of trust or deceit“. But under current Russian law Russian Union of Right holders is not proprietor or possessor of property. It is collective management organisation under Russian law. It has only state accreditation to collect private copying levy in Russia, even if it has direct agreements with certain right holders. So, if the RSP is not proprietor of possessor of property, how it can be a victim?