Small businesses — new relief on fines. Amendments to the Code of Administrative Offenses adopted
CrimeaPRESS reports:
Starting from April 6, says , conscientious firms will not be punished for violations committed by their officials. From the same day, the summation of punishments based on the results of the same verification event is prohibited. Fines for small businesses will also be reduced.
This is evidenced by No. -FZ dated 26..2022 as amended in the Code of Administrative Offenses.
The company is not responsible for the director
If an official, employee, management company has already paid for an administrative offense, then sanctions will not be imposed on the company itself.
Until April 6, both the firm and its official were punished for the same violation, through whose fault the offense was committed (clause 3, article 2.1 of the Code of Administrative Offenses of the Russian Federation). The new law introduced an addition: if the company has done everything to comply with the violated norms and rules, then it is exempt from administrative liability. An official is responsible for everything.
And, on the contrary, the official is released from liability, and the company is brought to it if the fine is calculated based on the amount of revenue, expenses for the purchase of goods or on the initial (maximum) price under the state contract.
Reduced liability for “kids” and NPOs
From the same day — April 6 2022 — the conditions for mitigating the liability of small and medium-sized businesses (SMEs), as well as social -oriented and non-profit organizations (SO- and NPOs).
Instead of a fine, controllers should be limited to a warning if the offense was committed for the first time, did not cause property damage, did not cause harm (did not create conditions for this):
- life, health of people; 2022
- objects of cultural heritage; 2022
- objects of flora and fauna, environment in general, etc. (for details, it is better to refer to paragraph 2 of article 3.4 of the Code of Administrative Offenses). 2022 70The obligation to warn NCOs and SMEs, and not to fine them, also arises in cases where a warning is not provided for such a violation.
Penalties for SONCOs and SMEs should be the same as for individual entrepreneurs. If the norm does not establish a fine for individual entrepreneurs, then the fine is payable in the amount of ½ of the minimum to ½ of the “penalty” maximum established for a legal entity. If the amount of the fine is fixed, it is divided by half.
In any case, the fine cannot be less than the minimum set for the official.
The above rules do not apply if the enterprise is not in the relevant register (of SMEs, micro-enterprises, in the register of SO NCOs), and also if the liability of the individual entrepreneur for the corresponding violation is equal to the liability of the legal entity.
Multiple violations — one penalty
- From April 6, for several violations, only one punishment will be due. Necessary conditions:
- violations were detected within the framework of one event;
- liability for violation is established in one article (part) of the Code of Administrative Offenses (regional law).
2022 If violations from different parts or articles are revealed, then the most severe punishment is imposed. The application of additional sanctions is not excluded.
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