The new Code of administrative offences is almost ready for the first reading in the lower house.
Administrative punishment for violating the law on meetings can mitigate, Statute of limitations on prosecution for tax offences to raise and teenagers in some cases — to limit the time for a walk. Such amendments proposed to the new version of the code of administrative offences (Cao), which can adopt in the first reading in the spring session of the state Duma.
The State Duma Committee on state construction and the legislation introduced a new version Coapa. My version of the code in December last year made a MP of the sixth convocation, the former head of the Committee Vladimir Pligin and his Deputy Dmitry Vyatkin (both from “United Russia”). However, this version of the draft has been criticized by the business community and public institutions. After numerous consultations, a new version Coapa has been adjusted and is still under legal review.
The Committee Chairman Pavel Krasheninnikov (United Russia) said that before the end of this week the Committee looks forward to comments and suggestions from business representatives and other stakeholders. Then it will be clear how to submit the document: amendments to the text, introduced by Pligin, or like a new bill.
Interlocutor “Izvestia” in the office of the Committee said, is likely to be introduced a new, consistent version of the code, and the bill Pligin–Vyatkina will be rejected. To put the bill for consideration in the first reading it is planned in the spring session.
Concessions to protesters
After a wave of protests following the elections to the state Duma of the sixth convocation four years ago, MPs has tightened the rules of holding rallies and marches, having adopted amendments to the law “On meetings, rallies, demonstrations…” and increased the penalties, adjusting the Cao. Now part of prevailing norms, which the opposition had called “draconian”, it is proposed to mitigate. It is first and foremost about the reduction of administrative responsibility. In particular the organizers of mass events, in which people have suffered, it is proposed to reduce the upper limit of the fine from 300 thousand to 100 thousand rubles. For citizens, who in the course of mass actions hid the face, the fine cut in half — from 10 thousand to 5 thousand rubles. But the period of compulsory work, on the contrary, increased from 40 to 100 h.
For participation in an unsanctioned rally, which impede the flow of traffic, may be fined from 5 thousand to 10 thousand rubles (in the current Coupe twice as much). Also halve the penalties for “organization of mass simultaneous stay or movement of citizens in public places, which caused violation of public order” — from 5 thousand to 10 thousand rubles.
In addition, the authors abandoned the idea to introduce a new penalty for violation of law on rallies. Previously it has been proposed that violators of the ban on attending meetings, pickets and demonstrations for a period of three months to a year.
The interlocutor of “Izvestia” explained that in this case, to monitor the real execution of sentences is very difficult. With this agreement, and the managing partner of “Business fairway” Roman Terekhin.
Therefore, the necessity of such a ban unnecessary, — said the expert.
Penalties for business
This spring, the new draft Coapa criticized the business, calling it “repressive” in terms of tax violations and penalties for employers. Still some questions remain, however, a portion of the fines developers decreased. For example, the penalty for fraudulent bankruptcy from 100-300 thousand to 50-100 thousand rubles.
The President Trading-industrial chamber of Russia Sergey Katyrin said “news” that supports their exclusion Coapa administrative suspension of activities of a company as a form of punishment. In turn, the Director of the law group “Yakovlev & partners” Anastasiya Ragulina noticed that the updated project does not rule on the possible withdrawal of the special permission (license) for various violations.
— This offer has not found support from the experts, since the legal relations, arising between officials, legal entities and individual entrepreneurs in connection with the implementation of licensing of separate types of activity regulated by law “On licensing separate types of activities”. In it the order of suspension, resumption, termination of the license, or its cancellation, she says.
The claims of entrepreneurs
Nevertheless, a number of administrative regulations for business in the new draft law has tightened. In particular, this applies to articles about the liquidation of the legal entity. To close the business for creating conditions for trafficking in children and exploitation of children. And besides, for re-manufacture, acquisition, storage, transportation, distribution, public demonstration or advertising of pornography involving minors, as well as for providing financial support to terrorism.
In the future this item can be extended to other compositions of administrative offences — fears Sergey Katyrin.
Criticized in the chamber of Commerce and the preservation of the ideas about increasing the Statute of limitations, by which entrepreneurs can attract to administrative responsibility. So, in the sphere of taxes and fees these terms increased from one year to three years, in antitrust law — the year to four years.
— This approach reduces the degree of protection of the rights and legitimate interests of legal entities and individual entrepreneurs, — said Sergey Katyrin.
Restriction of leisure activities for minors
The new edition of the text include a Chapter that provides for an administrative penalty for a minor (if the age at the time of the offence 14-18 years). In the current code of administrative responsibility comes from 16 years. If Cao will be in the new edition, the teenagers could face a warning, fine, community service or a ban on attending sporting events, for example, for disorderly conduct or the infliction of light injuries.
However, the court or officer may release a young person from punishment, arguing that educational measures would be enough. In this case, the child will have to compensate for damages, taking into account its property status and the presence of his skills. In addition, it may in some cases prohibit freely spend their leisure time (we are talking about going out after a specified time of day or travel to another city) and will set special requirements to the behavior.
