The President of the Russian Federation has signed a law amending the Administrative Violations Code. These changes are aimed at mitigating the administrative liability of legal entities.
According to the text of the Law, starting from April 6, 2022, an amended procedure for bringing organizations to administrative liability for the following offenses is in effect.
Liability for the violation of an officer
An organization will not be held administratively liable for an administrative offense if its officer has already been punished for such a violation. This is possible if the company has previously taken all measures provided for by the legislation of the Russian Federation to comply with the rules and regulations for violation of which liability is provided.
The new provision also is applied in the reverse order: if an administrative punishment has been imposed on an organization for an offense committed, then the officer has no administrative liability. This rule is applied to punitive sanctions determined by clauses 3 or 5 of part 1 of article 3.5 of the Administrative Violations Code of the Russian Federation.
Previously, the imposition of an administrative punishment did not immediately release two parties from liability (if a legal entity is guilty, then an individual will be held liable), and there were no exceptions to this rule.
One punishment for a number of violations
For several administrative violations committed by an individual, punishment is imposed as for the commission of one such offense, but with the simultaneous fulfillment of the following conditions:
Previously, when committing several administrative offenses, punishment was imposed for each of them.
Reduction of fines for small businesses
For small businesses and micro-enterprises included in the Register of Small and Medium-sized Enterprises (SMEs), a fine will be imposed as for individual entrepreneurs (IE).
At the same time, if the provisions of the Administrative Violations Code of the Russian Federation do not provide for sanctions for IEs, then a fine will be imposed as for legal entities, but in the amount of half of its minimum to half of its maximum value. If the fine is set at a fixed amount, then SMEs pay only half of its amount.
In any case, the amount of the fine should not be less than the amount intended for the officer.
The established rules are not applied in the case of:
Previously, companies should have had significant reasons to reduce the amount of punitive sanctions (for example, industries affected by COVID-19, etc.).
Acsour carefully monitors the current changes in Legislation, and our specialists will help you find solutions that minimize risks for your business.