Restrictions and measures of state support for business: the digest for 30 September – 13 October 2024
DRAFT LAWS
The fines for preventing audits may be raised
Draft federal law No. 736449-8
The draft has been put before the State Duma.
Amendments have been prepared to article 19.4.1 of the Russian Code of Administrative Offences. In particular, it has been proposed that:
the terminology of the article be brought into conformity with the provisions of Federal Law No. 248-FZ “On state control (supervision) and municipal control in the Russian Federation” dated 31 July 2020;
new amounts of fines be introduced:
for preventing audits or avoiding them, resulting in it being impossible to conduct or complete audits – in the amount of RUB 10,000 - RUB 20,000 (as compared with RUB 5,000 - RUB 10,000 at present) for companies' officers, and in the amount of RUB 250,000 - RUB 500,000 (as compared with RUB 20,000 - RUB 50,000 at present) for companies;
for a repeat offence, for companies’ officers – in the amount of RUB 20,000 - RUB 50,000 (as compared with RUB 10,000 - RUB 20,000 at present), and in the amount of RUB 500,000 - RUB 100,000,000 (as compared with RUB 50,000 - RUB 100,000 at present) for companies;
to extend the effect of article 19.4.1(1) and 19.4.1(2) of the Code to supervisory/control activities, audits, and special regimes of state control/supervision.
The number of indicators of risk during the processing of personal data may become larger
The draft order of the Russian Ministry of Digital Development, Communications and the Mass Media
Public discussions are now taking place.
It is proposed to expand the list of risk indicators that signal a breach of compulsory requirements within the scope of federal state control over personal data processing (see Ruling No. 1187 of the Russian Ministry of Digital Development, Communications and the Mass Media dated 15 November 2021).
A new indicator is that the Russian Federal Service for Supervision of Communications, Information Technology and the Mass Media has been informed, on two or more occasions during the year, of a cross-border transfer of personal data with the use of software belonging to a foreign person. The condition is that the controller has not been notified about the intention to perform a cross-border transfer.
LEGISLATION
The conditions have been adjusted for a price to be recognised as monopolistically high/low
Federal Law No. 192-FZ dated 14/10/2024
Comes into effect on 1 March 2025.
Amendments have been made in Federal Law No. 135-FZ “On the protection of competition” dated 26 July 2006:
self-employed persons have also been classified as business entities;
the conditions have been adjusted for a price to be recognised as monopolistically high/low. The rules for determining such price by a comparable market method being applied exclude a reference to the markets of Russia/beyond its boundaries. The list is being extended of persons whose transactions can be taken into account when the price is recognised as monopolistically high. This refers to persons who belong to the same group as the dominant party or act for the latter’s benefits;
the antitrust authority may forward a warning if, among other things, it has credible information regarding planned conduct on the commodity market provided that such conduct may cause an offence;
the legal institute of warnings extends to the violation of a ban on monopolistic activity being carried out by a business entity that owns a digital platform.
See also Pepeliaev Group's comment.
Please be advised
Further to your request, we can prepare tailor-made overviews of Russian legislation for you relating to current and future restrictions and measures of state support for business. For more details, please follow the link, or contact Oksana Bodryagina at: o.bodryagina@pgplaw.ru