An administrative fine could be replaced by a warning

• there is provision for this in the relevant article of section II of the Code or a law of a constituent entity of the Russian Federation regarding administrative offences;
• there is no prior record of committing administrative offences;
• no harm has been caused to and there is no threat of harm being caused to the life and health of persons, to animals and plants, to the environment, to cultural and heritage items (historical and cultural monuments) of peoples of the Russian Federation, or to state security, and there is no threat of natural or man-made disasters;
• there is no damage to assets.

Should there be no provision for administrative punishment in the form of a warning in the relevant article in section II of the Code or in a law of a constituent entity of the Russian Federation, then, if the conditions stated above are present, an administrative fine should be replaced by a warning in relation to an offence identified during state or municipal control (regulation) of small and medium-sized enterprises and their employees that are first-time offenders (part 3 of article 3.4 and article 4.1.1 of the Code).
There are various cases in which an administrative fine is not replaced by a warning. Examples are: when administrative liability is imposed for a violation of antitrust legislation (provided for by articles 14.31 to 14.33 of the Code); and if there has been a failure to comply on a timely basis with a lawful direction, resolution, instruction or decision of a body or officer exercising state regulation or control, or exercising municipal control (article 19.5 of the Code).
If an administrative fine is replaced by a warning, then there is no application of another administrative punishment by way of an additional administrative punishment if the sanction of the rule on administrative liability makes provision for this.

What to think about
If there are resolutions that are still to be enforced and that impose an administrative punishment in the form of an administrative fine, we recommend using the opportunity to have this law applied in order for administrative offence cases to be re-examined. Such law improves the position of a person on whom administrative liability is being imposed.
In administrative offence cases in which the corresponding factors are present, we recommend filing a motion to have a warning, as opposed to an administrative fine, applied as the administrative punishment.

Help from your adviser
The lawyers in Pepeliaev Group's administrative law defence of business group have significant experience in successfully representing clients in administrative offence cases. They will assist in having an administrative fine replaced by a warning where the relevant circumstances are in place.
Our lawyers are ready to provide the necessary legal support in relation to all matters associated with the above new developments.
We are ready to analyse the actual circumstances that pertain and assess the prospects for any categories of administrative offence cases at any stage of proceedings. We will do this with a view to safeguarding a client's interests as effectively as possible in proceedings under administrative offences cases and to ensuring that the optimal measures of administrative liability are applied.