Administrative law defence of business

New Licensing Law Adopted Pepeliaev Group advises that on 4 May 2011 the President of the Russian Federation signed Federal Law No. 99-FZ “On licensing specific operations” that will replace the current licensing law.

On amending the Russian Code of Administrative Offences and the Federal Law ‘On Enforcement Proceedings’

Pepeliaev Group advises that 27 April 2011 saw the entry into force of Federal Law No. 71-FZ dated 21 April 2011 “On amending articles 17.15 and 31.9 of the Russian Code of Administrative Offences and article 21 of the Federal Law ‘On Enforcement Proceedings’”.

Clarifications of issues concerning the application of administrative liability legislation

On 17 February 2011, the Plenum of the Russian Supreme Arbitration Court (the “SAC”) adopted its Resolution No. 11. This clarified issues concerning the application of a particular part of the Russian Code on Administrative Offences (the “CoAO”) which concern administrative breaches relating to the protection of property, environment and nature management, construction activities, unlawful use of a trade mark, and competition in bad faith, and also in connection with issues relating to hiring foreign workers and registering them for migration purposes.

Amending Code of Administrative Offences to establish liability for a breach of the Law on Trade Pepeliaev Group advises that, on 1 January 2011, Federal Law No. 411-FZ “On amending the Code of Administrative Offences of the Russian Federation” dated 28 December 2011actually came into force. The Law contains amendments to the Code of Administrative Offences (the “CoAO”) establishing a fine of up to 5 million roubles for a breach of the compulsory requirements of Federal Law No. 381-FZ “On the fundamentals of state regulation of trade in the Russian Federation” dated 28 December 2009.

Federal Law “On Amending the Russian Code of Administrative Offences” has been adopted Pepeliaev Group advises that Federal Law No. 239-FZ dated 27 July 2010 “On Amending the Russian Code of Administrative Offences” has been adopted.