Terms of bringing to liability under the Administrative Code: a new procedure for determining

Legal Digest News
Starting from April 25, 2023, a new edition of the Code of Administrative Offences of the Russian Federation has been in effect, according to which companies will be brought to administrative liability under new terms.

According to the amendments, the limitation period for bringing a company to administrative liability is calculated from the date of the commission of an administrative offense (and not the day after the calendar date or the occurrence of an event that determines the beginning of the term). The exception is for continuing offenses: according to them, the limitation period for bringing to liability is counted, as before – from the date of detection.

In addition, the procedure for determining the limitation period has changed, after which it is impossible to bring the company to administrative liability and issue a corresponding ruling to it. Now it is calculated in calendar days (and not in months, as it was before) and is equal to:

  • 60 calendar days from the date of the offense;
  • 90 calendar days from the date of the offense, if the case is considered by the court.

If the term ends on a non–working day, then the last day of the term is the first working day following it.

The new rules are associated with solving the ambiguity that arose when determining the limitation period for bringing a company to liability, since articles 4.5 and 4.8 of the Administrative Code of the Russian Federation determined such a period in different ways. On the basis of which the Constitutional Court ruled that the existence of such ambiguity in the field of legal regulation is unacceptable.

Please be reminded that the limitation period is the period during which a court or authorized bodies can apply a ruling on an offense. On the basis of such a ruling, companies are imposed a fine or other administrative punishment. In the event of the expiration of the limitation period, government authorities do not have the right to apply sanctions on the company.

Acsour specialists carefully comply with the norms of Russian legislation and will help organize work in your company with the least risk to business.