MIL OSI Translation. Region: Russian Federation –
The Ministry of Economic Development of Russia is ready in the near future to submit to the Government of Russia a draft of amendments to the current Code of Administrative Offenses. The bill was developed jointly with United Russia, the SME Corporation and the business community to reduce the administrative burden primarily on small businesses and individual entrepreneurs. State Secretary – Deputy Minister of Economic Development of the Russian Federation Alexei Khersonsev spoke about this at a meeting that took place at the Central Election Commission of United Russia.
The amendments are based on the idea of easing administrative liability for small and medium-sized businesses.
The amendments provide for a reduction in the size of the fine for SMEs and socially oriented NPOs to the size of fines for individual entrepreneurs for the same violations. “After talking with colleagues, lawyers, everyone was surprised: if you are an entrepreneur and work in the form of a legal entity, then you have a fine of 300 thousand rubles. If you do the same and you are an individual entrepreneur, then you are fined 15 thousand rubles. Of course, the idea that the punishment should be proportionate and take into account the scale of business is the right one, the key one, ”said Deputy Minister Aleksey Khersonsev. This proposal was also supported by the first deputy head of the United Russia faction in the State Duma Dmitry Vyatkin: “This is the most important proposal. It will reduce the administrative burden for legal entities that are now often unable to comply with the requirements.
Now the penalties there differ at times, sometimes by orders of magnitude. In some cases, this can lead to the closure of the enterprise and, as a result, the loss of jobs by people. “
Also, the draft amendments presupposes prevention as the only punishment for an administrative offense committed for the first time by a non-profit organization or an SME entity, but only if it is not related to causing harm or the emergence of a threat of harm to life and health of people, as well as the environment. This will significantly expand the practice of imposing an administrative penalty in the form of a warning and will reduce the number of fines. So, today the warning is provided in the case of almost 60 administrative structures. The innovations will expand this list to 1200 administrative units.
It also provides for the release of a legal entity from administrative liability if its official or other employee is held liable for the same administrative offense. At the same time, it is supposed to prohibit the fine of business for several of the same type of administrative offenses, which the controller revealed during one inspection.
The proposed amendments to the Code of Administrative Offenses were developed by the RF Ministry of Economic Development and Trade to continue the reform of control and supervisory activities and to improve the business climate in Russia. “The draft law on amendments to the current edition of the Administrative Code has been prepared. The relevance of the changes was confirmed by surveys of entrepreneurs. 95% of them consider these changes to be of high priority. A separate program for the reform of control and supervisory activities will be the beginning of our turning our face to entrepreneurs and explaining, not fining them, ”said Alexander Isaevich, General Director of the SME Corporation.
The adoption of the bill will improve the mechanism for protecting the rights of non-profit organizations (primarily socially oriented ones), as well as small businesses when brought to administrative responsibility within the framework of the activities of control (supervisory) bodies. For law enforcers, the amendment clarifies certain principles and procedures for the appointment of such types of administrative punishments as warning and administrative fines.
The meeting was also attended by Deputy Director of the Department for the Development of the Social Sphere and Sector of Non-Profit Organizations of the Ministry of Economic Development of Russia Elena Ivanitskaya, First Vice-President of the All-Russian Public Organization of Small and Medium-Sized Businesses “Opora Rossii” Marina Bludyan, Chairman of the State Duma Committee on Youth Policy Artem Metelev, President of the Food Fund “Rus” Yulia Nazarova, as well as other representatives of the business community.
EDITOR’S NOTE: This article is a translation. Apologies should the grammar and / or sentence structure not be perfect.