Businesses will be allowed to pay half of the fine, regardless of the authority that issued it. Acsour experts reviewed the ruling of the Constitutional Court and explained how the innovation affects business.
The court case that changed the Code of Administrative Offences
The Constitutional Court considered the case of NTSI Telecom. An earlier prosecutor’s check conducted at the company led to the imposition of a fine of 300,000 rubles for failure to fulfill the duties of a telecom operator. The company paid 150,000 rubles within the first 20 days, but the court pointed out that the company was not entitled to a discount because the prosecutor’s office had revealed the violation. The operator paid the second half of the fine, but appealed the decision of the magistrate. The courts of all instances, including the Supreme Court, left the original ruling unchanged.
But the Constitutional Court decided that the right to pay half of the fine should be preserved, even if the violation was recorded by the prosecutor’s office. The court decided to review the case of NTSI Telecom, as well as to amend the relevant article of the Code of Administrative Offenses.
What has changed?
Since July 2024, changes have entered into force that amend the Code of Administrative Offences: now the violator can pay an administrative fine with a 50% discount if the violation was detected during state or municipal control. To do this, you need to make a payment within 20 days from the date of the decision on bringing to justice.
We remind you that the state control is an inspection of any supervisory authorities within their competence, for example, Rospotrebnadzor, Rostrud or Roskomnadzor. Prosecutor’s supervision is not a type of state control, since the prosecutor’s office can inspect both private businesses and government agencies.
Acsour experts note that these innovations are a significant support for business: the possibility of paying large fines at a discount reduces the financial losses of legal entities. Our specialists have extensive experience in the field of business organization: well-structured processes will provide you with protection from possible fines.
The court case that changed the Code of Administrative Offences
The Constitutional Court considered the case of NTSI Telecom. An earlier prosecutor’s check conducted at the company led to the imposition of a fine of 300,000 rubles for failure to fulfill the duties of a telecom operator. The company paid 150,000 rubles within the first 20 days, but the court pointed out that the company was not entitled to a discount because the prosecutor’s office had revealed the violation. The operator paid the second half of the fine, but appealed the decision of the magistrate. The courts of all instances, including the Supreme Court, left the original ruling unchanged.
But the Constitutional Court decided that the right to pay half of the fine should be preserved, even if the violation was recorded by the prosecutor’s office. The court decided to review the case of NTSI Telecom, as well as to amend the relevant article of the Code of Administrative Offenses.
What has changed?
Since July 2024, changes have entered into force that amend the Code of Administrative Offences: now the violator can pay an administrative fine with a 50% discount if the violation was detected during state or municipal control. To do this, you need to make a payment within 20 days from the date of the decision on bringing to justice.
We remind you that the state control is an inspection of any supervisory authorities within their competence, for example, Rospotrebnadzor, Rostrud or Roskomnadzor. Prosecutor’s supervision is not a type of state control, since the prosecutor’s office can inspect both private businesses and government agencies.
Acsour experts note that these innovations are a significant support for business: the possibility of paying large fines at a discount reduces the financial losses of legal entities. Our specialists have extensive experience in the field of business organization: well-structured processes will provide you with protection from possible fines.
