Administrative law defence of business

Forfeiture of property on corruption-related or other grounds Pepeliaev Group advises that practice has expanded of private assets being forfeited in the framework of anti-corruption and neighbouring legislation.

Amendments regarding liability for participating in activities of undesirable foreign organisations Pepeliaev Group advises that the Federation Council has approved a law that broadens the criteria for organisations to be recognised as undesirable in Russia and about liability for participating in them.

Liability for old published materials in the Internet Pepeliaev Group advises that in its Ruling No. 575-O dated 28 March 2024, the Russian Constitutional Court recognised as an ongoing offence prohibited information being present in the Internet that had been posted before it was recognised as prohibited.

Military training in 2023

On 10 May 2023, the Russian President signed Decree No. 333 calling up Russian nationals in reserve for military training in 2023.

A draft law has been submitted to the State Duma regarding liability for the failure to comply with requirements for keeping records of internet advertising

Draft law No. 337373-8 (the “Draft Law”) was submitted to the State Duma on 14 April 2023. It has been stipulated that measures of administrative liability will be introduced for companies if they do not comply with certain requirements relating to keeping records of Internet advertising.

Fines reduced for unlawful foreign currency transactions and cancelled for violations committed because of sanctions Pepeliaev Group advises that, on 24 July 2022, a Federal Law came to force that reduces fines for parties involved in foreign trade for unlawful foreign currency transactions and cancels fines for violations committed because of sanctions.

New state and municipal control Pepeliaev Group advises that a Federal Law has taken effect since 1 July to establish a new procedure for state and municipal control to be organised and implemented.

The risks of administrative liability being imposed for the use of a land plot other than for its intended purpose Pepeliaev Group advises of the risks related to the uncertainty of calculating the limitation period for imposing administrative liability in the area of land use.

Courts clarify administrative liability for a breach of requirements for permitted use of land plots Pepeliaev Group advises of the case law that, in furtherance of the resolutions adopted by the Constitutional Court, clarifies the conditions of administrative liability for the use of a land plot in breach of the type of permitted use.

The Supreme Court has summarised case law on illegal gratification paid on behalf of a legal entity

Pepeliaev Group advises that the Presidium of the Supreme Court has approved an Overview of case law concerning administrative liability imposed under articles 19.28 of the Russian Code of Administrative Offences.

An administrative fine can be halved if it is paid within 20 days Pepeliaev Group advises that Federal Law No. 187-FZ dated 23 June 2020 “On amending the Russian Code of Administrative Offences” has been adopted.

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).