the development is so important in our day initiative resulted in an event that happened in October 2017 in Moscow. A driver went on a personal errand on the official car and parked on the lawn. That awkward moment caught on the cameras. In the end, the firm came the penalty to 300 thousand rubles. So much provides Moscow of the administrative code.
to Say that the company executives were upset, to say nothing. Why should they pay for the personal prank of the driver? However, the courts refused to reduce the punishment, as 300 thousand rubles under this article for the firm is the minimum limit.
meanwhile, the Federal of the administrative code allows to reduce the legal persons fines below the lowest. Arbitration courts, incidentally, have begun to reduce the size of the fines imposed on business during a pandemic. For example, recently the Arbitration court of Smolensk region has twice reduced the fine to the agricultural production cooperative that produces milk.
the Rosselkhoznadzor had detected some violations at the dairy and demanded to fine the manufacturer.
the Article of the Federal Code of Administrative offences, which attracted a cooperative provides for a fine from 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, including “the financial position of the cooperative in terms of the spread of coronavirus”.
However, regional administrative codes, the courts no opportunity to reduce the fines. Therefore, the firm whose driver was punished, appealed to the constitutional court of Russia. He acknowledged this provision is inconsistent with the Basic Law.
the Ministry of justice of Russia has developed a bill that corrects the situation.
“As pointed out by the constitutional court of Russia, the imposition of punishment in the form of an administrative fine in the amount of less than the minimum in any case remains the prerogative of the judge, body or the official considering case about an administrative offence, – said the lawyer of Alexey Sikaylo.
– we Believe that the proposed changes a significant impact on the statistics of bringing legal entities to administrative responsibility will not have. But the possibility of a fair and reasonable limitations on the amount of punishment will render certain.”
