The amendments relate to persons who may be held administratively liable under Art. 18.16 of the Code of Administrative Offenses of Russia (that is, for attracting foreign workers to labor activity without issuing a work permit or patent, if the execution of these documents is necessary, or with exceeding the quota for attracting foreign workers).
Previously, landlords managing a shopping complex could also be held liable for the actions of tenants of shopping places that violate Russian legislation in the field of attracting foreign workers. Now, only companies operating retail markets and persons directly providing trading places or premises to foreign citizens and stateless persons in violation of the law can be held liable (that is, landlords who are unable to exercise control over the legal involvement by the tenant of foreign and stateless persons in labor activity - this was also explained in the explanatory note to the innovations at the stage of the draft law).
So, according to the new edition of Art. 18.16, the following may be held liable:
- companies and individual entrepreneurs managing retail markets and their officials
- persons who have entered into an agreement with such companies on the provision of a trading place or premises, directly hiring foreign citizens and stateless persons
- persons who provided trading places and premises in retail markets to persons who violate the Russian legislation on attracting foreign citizens and stateless persons to work.
The new version of Article 18.16 establishes the following amount of fines:
- for individuals - from 3000 to 4000 rubles;
- for officials - from 45,000 to 50,000 rubles;
- for persons engaged in entrepreneurial activities without forming a legal entity - from 350,000 to 800,000 rubles or an administrative suspension of activities for a period of 14 to 90 days;
- for legal entities - from 450,000 thousand to 800,000 rubles or an administrative suspension of activities for a period of 14 to 90 days.
When committing an offense in Moscow, St. Petersburg, Moscow and Leningrad regions:
- for individuals - from 4000 to 5000 rubles;
- for officials - from 45,000 to 70,000 rubles;
- for legal entities - from 450,000 to 1,000,000 rubles or an administrative suspension of activities for a period of 14 to 90 days.
These changes will come into effect on July 21, 2023.
According to paragraph 2 of Art. 1.7 of the Code of Administrative Offenses of Russia, the rules that mitigate or cancel administrative responsibility are retroactive, that is, they also apply to a person who committed an administrative offense before the entry into force of such a law, if the decision to impose an administrative penalty has not yet been executed. That is, lessors who, in accordance with the amendments, are no longer liable, if the decision against them was issued before 07/21/23, but not executed, will not be considered liable under this article, and the administrative penalties imposed on them are not subject to execution .
The statute of limitations for bringing to administrative responsibility under Art. 18.16 of the Code of Administrative Offenses of Russia is 1 year from the date of discovery (Article 4.5. of the Code of Administrative Offenses of Russia).
You can find out more about the table of sanctions for violating Russian legislation on attracting foreign labor and the statute of limitations for such offenses in our publication.
For more information, please contact the consultants of the Confidence Group company.
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