On April 6, 2022, Federal Law No. 70-FZ of March 26, 2022 "On Amendments to the Code of the Russian Federation on Administrative Offenses" entered into force.
The changes affected all sections of the Code of Administrative Offenses, and are relevant to all forms of business. Let's take a closer look at what they are.
A legal entity is no longer subject to administrative liability for a violation committed by an official, if the legal entity has taken all the measures established by law (with some exceptions).
Previously, penalty for one violation was assigned to both a legal entity and an official. For example, in case of violation of the deadlines for providing a notice of opening an account in a foreign bank, the company was punished with a fine of up to 100,000 rubles and an official responsible for currency control in the company, up to 10,000 rubles.
Now, if the company has taken all measures to comply with the requirements, but the violation was committed by an official, only the official will be fined.
Compliance with all formalities, issuing orders, instructing employees with getting their signature and other measures are now of particular importance and can save the company from huge fines.
In addition, now if the article does not include an admonition as an option of sanction, the fine is to be replaced by an admonition for small and medium-sized businesses (SMMEs) and their employees who have committed an offense for the first time, in the absence of harm or threat of harm.
Previously, replacement was carried out only at the discretion of the authorized body or court. Now the replacement of a fine with an admonition is established by law and is mandatory.
Also, when imposing a fine on small and medium-sized businesses, including micro-enterprises, a fine is imposed under this article for individual entrepreneurs, and if a fine is not provided for individual entrepreneurs, in the amount of 1/2 of the minimum to 1/2 of the maximum fine for legal entities.
As a result, fines for small businesses have been significantly reduced.
In addition, if two or more violations are revealed during the control measure, the responsibility for which is provided for by one article, a penalty is imposed for committing one violation; and if two or more violations are provided for by two or more articles of the Code of Administrative Offenses, a penalty is imposed for one violation, for which a more severe penalty is provided.
Previously, there was a separate penalty for each violation.
The changes came into force on 04/06/2022.
Like all abatements in administrative offenses, these changes are retroactive, so they apply to previously committed offenses, if the decision is not issued on the date the change enters into force.
For a detailed explanation, please contact the consultants of the Confidence Group company.
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