Structure of the new Code of Administrative Offenses of the Russian Federation
The new Code of Administrative Offenses of the Russian Federation will consist of three sections: “General Part”, “Special Part” and “Subjects of Administrative Jurisdiction”. The general part, as in the previous version, will include fundamental rules of administrative law. The Special Part will include 36 chapters, classified according to the types of administrative offenses. The third part will determine the subjects entitled to conduct administrative proceedings.
The new Code of Administrative Offenses of the Russian Federation will not include rules directly regulating proceedings in cases of administrative offenses. According to the idea of legislators, they will be combined in the new Procedural Code of the Russian Federation on administrative offenses.
The State Duma approved half a dozen laws with amendments to the Code of Administrative Offenses of the Russian Federation
Photo: duma.gov.ru On March 17, the State Duma adopted in the final third reading seven laws that amend the Code of the Russian Federation on Administrative Offenses, as well as the Criminal Code of the Russian Federation. In particular, new offenses are being introduced and administrative fines are increasing.
Sanctions are being tightened for the rehabilitation of Nazism on the Internet
Amendments to Art. 354.1 of the Criminal Code of the Russian Federation proposed to introduce criminal liability for justifying Nazism using the Internet - up to 5 years in prison. Criminal liability is established for the public dissemination of knowingly false information about veterans of the Great Patriotic War. It will be equated to the rehabilitation of Nazism. For public humiliation of the honor or dignity of veterans, as well as for desecration of symbols of Russia’s military glory or obvious disrespect for the days of military glory, committed through the media or the Internet, fines will amount to up to 5 million rubles. Maximum imprisonment is up to 5 years. Fines for the rehabilitation of Nazism are increasing - up to 3 million rubles (now - up to 300 thousand).
Amendments to Art. 3.5 and 13.15 of the Code of Administrative Offenses of the Russian Federation (administrative fine, abuse of freedom of the media) introduces administrative liability for legal entities for publicly insulting the memory of defenders of the Fatherland or publicly humiliating the honor and dignity of veterans, as well as for publicly denying the decisions of the Nuremberg Tribunal and justifying Nazi crimes. Fines will range from 3 million to 5 million rubles. In addition, for legal entities, administrative liability is increased for the public dissemination of information about days of military glory and memorable dates of Russia related to the defense of the Fatherland that express clear disrespect for society, as well as public desecration of symbols of Russia’s military glory, including through the Internet or the media. The fines will be similar (currently up to 1 million rubles).
The rules for imposing an administrative fine below the lowest limit are being clarified
Amendments to Art. 4.1 of the Code of Administrative Offenses of the Russian Federation (general rules for imposing administrative punishment), which will allow courts in some cases to reduce the amount of fines established by regional authorities. The need for changes in legislation was indicated by the Constitutional Court of the Russian Federation. Previously, the Constitutional Court considered a complaint from a company that received a 300,000 fine from the Moscow authorities for parking on a lawn and unsuccessfully asked to assign it a punishment below the lower limit (read more about this here). Taking into account the legal position of the Constitutional Court, the possibility of imposing an administrative penalty on legal entities in an amount less than the minimum fine established by the law of a constituent entity of the Russian Federation for committing a specific administrative offense is established. A similar opportunity is provided for citizens and officials. The minimum threshold value of the fine at which this rule can be applied has been lowered for citizens from 10 thousand to 5 thousand rubles. This was done in order to ensure the possibility of applying this rule to cases of a citizen committing an offense provided for by the law of a constituent entity of the Russian Federation on administrative offenses.
Right of Appeal Amendment
An amendment to Art. 30.12 of the Code of Administrative Offenses of the Russian Federation, which expands the list of persons who have the right to appeal a decision that has entered into legal force based on the results of consideration of a complaint or protest against a decision in a case of an administrative offense. It is envisaged that this right will also be given to the head of a collegial body, a body created in accordance with the law of the constituent entity of the Russian Federation that issued a decision in the case of an administrative offense. The amendment closes a legal gap.
Fines for a number of violations are increasing
The State Duma agreed to strengthen administrative liability for violations in the field of cultivation of narcotic plants. The changes are provided for in Art. 10.5 of the Code of Administrative Offenses of the Russian Federation (failure by a landowner or land user to take measures to destroy wild plants containing narcotic drugs or psychotropic substances or their precursors, after receiving an official order from the authorized body). Fines for citizens will increase to 4 thousand rubles; for officials - up to 10 thousand; for legal entities - up to 100 thousand rubles.
A bill has been approved to strengthen liability for violation of rules or standards for the operation of machinery and equipment (Article 9.3 of the Code of Administrative Offenses of the Russian Federation). Now fines for citizens will range from 500 to 1000 rubles (previously - 100-300 rubles), for officials - 3000-5000 rubles (previously - 500-1000).
The deputies also agreed that it is necessary to establish liability for non-compliance with the rules for the procurement, storage, transportation and clinical use of donor blood and its components (amendments are being made to Article 6.31 of the Code of Administrative Offenses of the Russian Federation).
What could change significantly?
The draft law affects many areas of administrative legislation. The most notable changes include the following:
- The deadline for assigning compulsory work has been reduced from 200 to 60 hours;
- the range of subjects to whom the above type of punishment cannot be assigned has been expanded;
- the general statute of limitations for bringing administrative liability has been increased to one year;
- the maximum and minimum values for the amounts of administrative fines have been removed;
- confiscation now applies not only to instruments and objects of an administrative offense, but also to small vessels and motor vehicles;
- administrative suspension of activities is now called “administrative prohibition of activities” and its period has been reduced from 60 to 30 days.
Senators Bill
The Federation Council previously announced the preparation of a draft introducing a ban on the admission of children without vaccinations to schools and kindergartens.
This proposal is included in the list of measures to improve Russian legislation to ensure the development of the economy and social sphere in the new conditions.
According to the initiative, it is proposed that children who do not have vaccinations in accordance with the vaccination calendar be admitted to schools and preschool institutions. This information should be conveyed to parents in case of refusal to vaccinate their child.
The Federation Council is also preparing a bill on the mandatory provision of applicants with a certificate of past infectious diseases and vaccinations upon admission to universities.
How do you feel about mandatory vaccination? Thanks for your vote!
Read on:
Russia proposes to pay benefits to housewives
Administrative liability in the Russian Federation: who is at risk, what are its types and how to protect yourself? Read the article!
Violation of traffic rules
Significant changes affected Chapter 12 of the Code of Administrative Offenses of the Russian Federation. Now administrative violations in the field of traffic are located in Chapter 21. The amount of fines will increase significantly, for example, for speed violations - by 2-6 times.
An article is introduced that has already caused a lot of noise - “dangerous driving”. A number of articles, on the contrary, will leave the list. For example, “Illegal restriction of the rights to drive and operate a vehicle.” New fines have been introduced for persistent violators.
The draft law itself can be called quite interesting and certainly recommended for familiarization. Moreover, not only for car enthusiasts, but certainly for the latter. Why? Because the discussion is unlikely to greatly change the already adopted outline of the Code of Administrative Offences.
More on the topic:
- The state liked the payment of half the fine
- a fine for free travel on toll roads
- Commercial vehicles in the courtyard of a residential building will be fined
From January 1, 2021, a new Code of Administrative Offenses will come into force. How much will the fines increase?
For the first time, the Code of Administrative Offenses introduces a “cumulative” system for persistent traffic rule violators.
“Violations of the rules of operation, use of a vehicle and driving a vehicle of the corresponding type, provided for in parts 3 and 4 of Article 21.9, parts 2 and 3 of Article 21.10, parts 1 and 3 of Article 21.12, part 2 of Article 21.13, parts 3 and 4 of Article 21.14, parts 5 and 6 of Article 21.15, Part 2 of Article 21.16, Article 21.18 of this Code, by a person who has been subjected to administrative punishment three or more times for committing the specified administrative offenses, with the exception of cases of recording administrative offenses by special technical means operating automatically, having photo and filming, video recording, or by means of photography, filming, video recording, –
entails deprivation of the right to engage in activities related to driving vehicles for a period of one to one and a half years or the imposition of an administrative fine on persons who do not have the right to engage in activities related to driving vehicles in the amount of ten thousand to thirty thousand rubles.”
The set of articles is a bit strange, as Article 21.30 Dangerous driving is not included.
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Another important point of the new Code of Administrative Offenses will provide for the introduction of the possibility of collecting a fine without initiating enforcement proceedings. If this clause comes into force, the fine will be automatically collected from the violator’s bank account. In the concept of the new Code of Administrative Offences, this point is spelled out in paragraph 6.2. Here is his text:
6.2. Simplification of procedures for collecting administrative fines for small amounts It is proposed to introduce a simplified mechanism for the execution of decisions on the imposition of administrative fines in amounts not exceeding 10 thousand rubles , sent for enforcement to the FSSP of Russia in the form of an electronic document that excludes the initiation of enforcement proceedings ( in automatic mode exclusively at the expense of funds held in the debtor's accounts with a bank or other credit institution ).
Why is this necessary? Naturally, to increase the collection of fines in the country. Thus, according to data at the beginning of the year, the bailiffs’ database contains about 18 million unexecuted collection orders. The thing is that the FSSP cannot cope with the number of cases received for collection. Collection is also hampered by the short statute of limitations for bringing administrative liability, after which the bailiffs’ hands are tied (fines are still assigned to the violators, but it is no longer possible to forcibly collect the debt after the statute of limitations expires). As a result, by simplifying the procedure for collecting fines, the state will not only increase their collection, but also improve the prevention of violations of the law, since this will lead to the inevitability of punishment for violations of administrative legislation.
The most important change of 2021 in the Code of Administrative Offenses of the Russian Federation concerns the field of road traffic. The chapter that was previously responsible for traffic police fines (previously section 12) is now located in a new section (21). It is divided into a number of related articles.
By the way, the innovations also affected the terms of deprivation of rights for more serious violations of traffic rules.
The statute of limitations for prosecution has also increased. If previously this was given only 2 months if the offense could be considered by an official, or 3 months if only a judge could consider the issue, now these terms have increased to 1 year.
In 2021, it is planned to increase fines for committing various offenses, including:
- presence of tinting;
- inability to show the presence of a compulsory motor liability insurance policy when a driver is stopped by a traffic police officer;
- exceeding the permitted speed;
- dangerous behavior on the road.
This change was supposed to come into force at the beginning of 2020, however, having met with an extremely negative reaction, the Ministry of Justice of the Russian Federation decided to leave the fines unchanged. However, there is no exact information yet on how long this decision will remain unchanged.
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