Mitigation of administrative responsibility. Indulgence in sentencing for offenses identified as a result of state control.
Significant amendments have been made to the Code of Administrative Offenses of the Russian Federation, which regulates the procedure for bringing to administrative responsibility and penalties, which, on the one hand, provide additional rights to violators - entrepreneurs, and on the other, establish the features of the consideration of certain cases of economic offenses. The law (FZ-290 of 07/14/2022) was signed by the main state, officially published on the portal of legal acts, and will enter into force on a standard basis - in 10 days.
The following concessions are provided for when sentencing for offenses identified as a result of state control:
the penalty, if it has a "fork" (upper and lower limit) is assigned in the minimum amount. The rule is applied in the event that the offender prevents the harmful consequences of his act or eliminates the harm caused by him;
the penalty is to be replaced by a warning to all violators, previously this rule applied only to non-profit organizations and a small circle of SMEs doing business without creating a legal entity;
also, the rule of issuing a warning can now be applied to all violators, even if such punishment is not provided for by a specific article;
a discount of 50% of the amount of the fine is established if the penalty is paid within 20 days from the date of the decision on the administrative case (a number of exceptions are provided);
granting a delay in the execution of punishment in the form of a fine, expulsion, arrest, deprivation of a special right up to six months;
an official who participated in the audit cannot consider an administrative case (with a number of exceptions).
At the same time, there has been some tightening of the norms of the Code of Administrative Offenses of the Russian Federation, for example, the circle of persons has been expanded, for obstructing the activities of which they can be held administratively liable. Now it includes a commissioner for the protection of the rights and interests of entrepreneurs in the regions. However, these officials have the right to protect the interests of entrepreneurs when considering administrative cases.
It is provided that an administrative case may be initiated on the fact of an offense related to non-compliance with mandatory requirements only after an audit has been carried out in cooperation with a controlled person. However, in some cases, the Federal Antimonopoly Service, for example, may initiate a case before verification if there is enough evidence of an offense in the case.
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