The Code of Administrative Offences has been amended to mitigate the administrative liability of legal entities.
Starting from July 14, 2022, a law came into force, according to which an amended procedure for bringing organizations to administrative liability under the following procedures is in effect.
Commencement of a case
In accordance with the new amendments, the rights of those who violated compliance with mandatory requirements within the framework of state or municipal control will be protected. In this connection, the case concerning administrative offenses can be commenced only after:
Prior to the procedure for drawing up certificates, the case will be entitled to be commenced after conducting control and supervisory measures, if it is necessary to apply injunctive remedies.
The imposition of a fine in the minimum amount
If an administrative offence is detected during the control activity, and, according to the Code of Administrative Offenses or the Law of the Territorial Entity of the Russian Federation on Administrative Offenses, the upper and lower limits of fines are established, then the fine will be imposed in the minimum amount. This rule is applied in cases where the company that committed the offense:
At the same time, the introduced rule will not be applied in the case of imposing punitive sanctions in an amount less than the minimum.
Payment of a reduced fine in case of its timely payment
If an administrative offence is detected and an appropriate fine is imposed based on the results of the check, then only half of its amount can be paid. This calculation has to be made not later than 20 days from the date of the decision on the imposition of an administrative fine.
At the same time, if a copy of the decision on the imposition of a fine was received by registered letter after 20 days, then the specified period may be restored by a court decision.
Please note that the offenses mentioned in sub-clause 1.3 of clause 1 of article 32.2 of the Administrative Code of the Russian Federation do not fall under the new development.
Receiving a warning instead of a fine
In some cases, business representatives will be issued warnings instead of paying fines in accordance with article 4.1.1 of the Administrative Code of the Russian Federation.
Acsour carefully monitors the current changes in Legislation, and our specialists will help you find solutions that minimize risks for your business.