Administrative law defence of business
Alerts
31July2015
New requirements to localise personal data
Pepeliaev Group reminds readers that new requirements for the Russian nationals' personal data to be kept in electronic form in Russia are introduced as early as in one month.
14April2015
New in the rules for state registration of legal entities and liability for violating these rules
Pepeliaev Group advises that a Federal Law1 (the 'Law') has been officially published, whose adoption is aimed at preventing legal entities from being established and operated to act in bad faith (by using dummy corporate officers, providing other inaccurate information to the registration authority, etc.). The Law also aims to prevent abuse of the state registration procedure.
06February2015
Substantial legislative amendments are being prepared with a view to placing restrictions on the issuing of licences to produce and circulate alcohol, and to make liability harsher if the production and circulation of alcohol is not duly declared
Pepeliaev Group advises that the State Duma has accepted for consideration a draft law under which, if licences to produce and circulate ethyl alcohol, alcohol and products containing alcohol are revoked, or are terminated early after being suspended, a replacement may be obtained only after a year has elapsed. Provision is made for other equally substantial amendments. These cover situations when the production and circulation of alcohol is not properly declared, and when a licence is reissued further to a reorganisation.
02February2015
There is a proposal to expand the list of companies whose production and sales volumes must be registered in the Unified State Automated Information System
Pepeliaev Group advises of a proposal that the requirement for mandatory registration of information in the Unified State Automated Information System be extended. Under the proposal, the requirement would also apply to producers of beer, beer-based beverages, cider, perry and mead, companies that buy, store and supply (including importing) alcohol products and products containing alcohol, as well as to retail sellers of alcohol products.
11April2014
The Russian Constitutional Court sets limitations for an administrative penalty lower than previously stipulated
Pepeliaev Group advises that on 25 February 2014, the Russian Constitutional Court adopted Resolution No. 4-P in which it recognised as universal the position that an administrative penalty may be imposed lower than previously stipulated set out in Resolution No. 1-P dated 17 January 2013. However, the Court has imposed some limitations on it being applied.
06February2013
The Russian constitutional court has confirmed that administrative fines may be reduced «below the minimum threshold»
Pepeliaev Group advises that the Russian Constitutional Court in its Resolution No. 1-P dated 17 January 2013 laid down a versatile legal position, according to which it should be ensured that the amount of an administrative fine is appropriate by having regard to the nature and other features of a specific administrative offence as well as to the material and financial positions of the offender.
23November2011
On amendments to article 15.25 of the Russian Code of Administrative Offences
Pepeliaev Group advises: on 28 November 2011 Federal Law No. 312-FZ “On amendments to articles 3.5 and 15.25 of the Russian Code of Administrative Offences” and Federal Law No. 311-FZ “On amendments to article 15.25 of the Russian Code of Administrative Offences”.
15November2011
On easing punishment for residents who violate the term for repatriating foreign currency income
On 9 November 2011, the Federation Council approved the law “On amendments to articles 3.5 and 15.25 of the Russian Code of Administrative Offences”.
15September2011
The Russian financial watchdog has provided guidance on factors that present increased risk of transactions being treated as money laundering or terrorism financing
Pepeliaev Group advises that the Russian Financial Monitoring Service has released its Information Letter No. 17 dated 2 August 2011 On factors in transactions, and in types of and terms for activity, that entail an increased risk of clients entering into transactions for the purposes of legalising (laundering) income received through criminal means, and the financing of terrorism.
29July2011
NEW LEGISLATION ON INSPECTIONS AND PROVIDING A LEGAL BASIS FOR THE EXTENSION OF AN ADMINISTRATIVE SUSPENSION OF ACTIVITY
Pepeliaev Group advises that 1 August 2011 saw the entry into force (except in relation to specific provisions which are to come into force at other times) of Federal Law No. 242-FZ On amending particular items of the legislation of the Russian Federation concerning issues of carrying out state control (supervision) and municipal control.
14June2011
Amendments expected to currency control regulations and liability for currency infringements
Pepeliaev Group advises that, on 1 June 2011, the Russian Government introduced three draft laws in the Sate Duma which provide for amendments to the currency control procedure and also to liability for infringing legislation on currency regulation and currency control.
30May2011
Confiscation of owners only
Pepeliaev Group advises that on 25 April 2011 the Russian Constitution Court issued Resolution No. 6-P in case regarding the analysis for compliance with the Constitution of part 1 article 3.7 (confiscation of the instrument and target of the administrative offence) and part 2 article 8.28 (illegal cutting, damage to forest and unauthorised digging out of trees, bushes and lianas in forests) of the Russian Code on Administrative Offences in connection with a claim from OOO StroyKomplekt.