Administrative law defence of business

The Russian Constitutional Court: it is permissible to decrease below the minimum level administrative fines issued in accordance with the laws of constituent entities of the Russian Federation on administrative offences

Pepeliaev Group advises that a number of provisions of the Russian Code of Administrative Offences have been recognised as non-constitutional that prevent the decreasing below the minimum level of fines issued in accordance with the laws of constituent entities of the Russian Federation on administrative offences (Resolution No. 15-P of the Russian Constitutional Court dated 7 April 2020).

Sanctions for legal entities, their officers and individual entrepreneurs in connection with a high-alert regime being introduced

Pepeliaev Group advises that since 4 April 2020 the procedure has been determined for imposing sanctions for violating Moscow city regulations aimed at introducing and maintaining a high-alert regime in Moscow.

Amendments to the rules concerning administrative liability for violations of currency legislation

Pepeliaev Group advises of the signing of Federal Law No. 72-FZ dated 1 April 2020 “On amending articles 15.25 and 23.1 of the Russian Code of Administrative Offences”.  

COVID-19: criminal and administrative liability introduced for violations committed during special legal regimes

Pepeliaev Group advises that special types of liability have been incorporated into the Russian Criminal Code and the Russian Code of Administrative Offences for violations of legal regimes which have been or could be introduced against the backdrop of the coronavirus pandemic.

Moratorium on inspections of small and medium-sized enterprises Pepeliaev Group advises that the amendments made to article 26.2 of Federal Law No. 294-FZ dated 1 April 2020 introduce a moratorium on inspections of small and medium-sized enterprises .

A number of amendments have been made to the provisions of the Code of Administrative Offences

In the context of the pandemic and different measures taken by the authorities, a number of amendments have been made to the provisions of the Code of Administrative Offences which significantly increase administrative sanctions for legal entities.

The law on strengthening administrative liability for environmental offences has taken effect Pepeliaev Group advises that on 17 June 2019 amendments took effect. They include changing the text and supplementing articles 8.2 and 8.4 with new provisions as well as introducing new heads of administrative offences (8.51 and 8.411) in the area of handling production and consumption waste. 

Liability for the violation of the rules for waste treatment is planned to become more stringent

The Ministry of Natural Resources and Environment of the Russian Federation has prepared a draft law “On amending the Russian Code of Administrative Offences” which proposes to supplement articles 8.2, 8.4 and 8.6 with new articles and to introduce new heads of administrative offences (articles 8.2.1, 8.2.2, 8.2.3, 8.5.1 and 8.41.1) in the field of treating production and consumption waste.

New state control (supervisory) measures Law firm Pepeliaev Group advises that on 1 January 2017 important amendments and additions took effect that have been made to Federal Law No. 294-FZ ‘On the protection of the rights of legal entities and individual entrepreneurs when state control (supervision) and municipal control are exercised’1. Such amendments and additions establish fundamentally different approaches to the way state control (supervisory) measures are organised and conducted.

An administrative fine could be replaced by a warning Pepeliaev Group advises that the rules have been clarified for a warning to be handed down as a punishment in administrative offence cases.

The media must disclose information regarding foreign financing: market players face new requirements Pepeliaev Group advises that the Russian Law "On the media" and the Russian Code of Administrative Offences have been amended with regard to the obligation of a media editorial office, broadcaster and publisher to notify the Russian Federal Service for Supervision of Communications, Information Technology and Mass Media (known by the Russian abbreviation 'Roskomnadzor') that they have received foreign funding.

Government Imposes New Restrictions on Companies’ Information and Advertising Products Pepeliaev Group advises that, from 1 January 2016, restrictions will be imposed on the establishment of mass media entities by foreign entities and Russian companies with foreign membership.