the Ministry of justice finalized the draft of the new Code of administrative offences (Cao). Important additions — reducing the administrative burden on business, the size of penalties, the Statute of limitations for prosecution.
the new Draft, revised administrative code for public comment, shall publish on its website the Ministry of justice.
“the Bill is modified taking into account the comments and proposals received in the Ministry of justice of Russia on results of its consideration of the interested state bodies and organizations, as well as citizens in the public debate and an independent anti-corruption examination”, — explained in the Ministry.
Major additions were made to the draft of the new administrative code and Procedural code of administrative offences is reducing the administrative burden on business, sensitive and very expected to the business of the amendment.
“It is a very long wait. Work began almost seven or eight years ago. It is gratifying that after all the comments of the Executive authority of the text, which is submitted for public discussion,” said Ivan Solovyov, Chairman of the Center for legal aid “Business of life”, member of the scientific Advisory Board of the Investigative Committee of the Russian Federation.
In particular it is proposed to exclude the simultaneous prosecution of a legal entity and its officials for the same administrative offence.
“When the administrative responsibility will be involved legal entities, the responsibility can not be attracted by its officials, i.e. the head. In this case, enforcers will need to choose either the responsibility of a legal entity or the responsible person of the physical, but the status of the Director” — says Ivan Solovyov.
the Important point is the size of penalties and the period of limitation for bringing to administrative responsibility. The new draft of the administrative code they are encouraged not zoomsupported. Moreover, the penalties for certain violations committed for the first time, I propose to replace the warning.
“for the humanization and optimization of business, especially in a crisis, so I decided to build relations, to be warned. Many businessmen because of its nepogashennoi don’t even know what they could face the appropriate legal consequences. And to optimize the business, not scaring it, and decided to act accordingly,” — says lawyer Maxim Kichigin, a former investigator for particularly important cases.
the New draft code of administrative offences includes a provision on the presumption of innocence of individuals before making a decision. The Ministry noted that it was requested by representatives of the business community.
“That is, a person is presumed innocent until his guilt is established by the procedural code of administrative violations. Previously it was not; this is a significant and very important innovation,” says the lawyer Konstantin Screwtape.
meanwhile perhaps increase penalties for particularly serious violations. And as experts believe, the society will positively respond to these changes.
“… an abandoned car – it will be fine; check-in on the lawn, sports ground, — no doubt these fines will be increased, but those offences which must be punished”, — continues Konstantin Screwtape.
After the final changes and public discussion is a modified version of the new draft administrative code will be sent to the government, and then formulated the final version.