for Example, the Arbitration court of Smolensk region has twice reduced the fine to the agricultural production cooperative, which produces milk. Rosselkhoznadzor revealed some violations at the dairy, and demanded to fine the manufacturer.
As told “RG” the head of projects of the Law firm “ELKO Profi” Dmitry Stepanov, the article which attracted the cooperative provides for a fine of 300 to 500 thousand rubles. The court reduced the minimum fine doubled to 150 thousand rubles.
As emphasized in the decision, the court took into account the recognition by the cooperative of guilt, lack of before bringing to administrative responsibility according to this article, as well as “financial situation of the cooperative in terms of the spread of coronavirus”.
“According to the court, based on the objectives and General principles of sentencing, the fine will meet the constitutional principles of fairness in sentencing, given that the size of administrative punishment should not be punitive in nature that with respect to the freedom of economic activity is reasonable and proportionate relative to the violations”, – said in the decision.
Recall also that the government of Russia in the Duma introduced a bill three times the increase for business, the deadline for payment of administrative fines: from 60 to 180 days. However, such grace period will apply only in 2020 and is linked with the current situation.
Dmitri draws attention to the fact that with the introduction of the quarantine many business representatives also hoped that a force majeure will free them from the obligations under the contracts. “A recent explanation of the Supreme court of Russia has removed all controversial issues: force majeure to avoid liability only for its breach during the period of the pandemic. To fulfill the contract will still have after the force majeure will disappear”.
in addition, the existence of force majeure must be determined taking into consideration the circumstances of a particular case. “As shown, to the conclusion of the Moscow CCI on force majeure is problematic, says Dmitry Stepanov. – According to statistics posted on the official website of the chamber, as 29.04.2020 Moscow CCI entered 2167 statements about the occurrence of force majeure on domestic contracts. More than 70% of applications are returned to applicants because of circumstances that are referred to entrepreneurs who do not belong to force majeure or statements do not contain required documents and explanations.”
However, as explained in the capital of CCI, in case of refusal of the conclusion, confirmation of force majeure circumstances in the course of the proceedings to challenge a penalty on the dslander.
