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Business Duty Officer

New edition of the Code of Administrative Offences

New edition of the Code of Administrative Offences

The Ministry of Justice has prepared a new edition of the Code. Changes have also affected the business sphere. One of the key goals of the development of the law is to reduce the burden on business and introduce a risk-based approach..

Among the main changes are the following::

  • Exclusion from the Code of Administrative Offenses of such a penalty as suspension of the activities of enterprises. The penalty will remain in the law only as temporary: at that time, until the administrative penalty has been executed. In comparison, now the company's activities can be suspended for 30-180 Days.
  • Mitigation of punishment for primary violations, if they aren't to serious ones. Instead of a fine, a warning must now be issued first.
  • Prohibition on summing up fines for the same violations.
  • For socially-oriented non-profit enterprises and legal entities, which are small and medium-sized businesses, liability will be equated to the amount of the fine for the individual entrepreneur. This applies to the case, when the law provides for responsibility for individual entrepreneurs, and for legal entities.
  • Clarification of signs of gross violations. Signs of serious violations in the new edition of the Code of Administrative Offenses will become more specific, less blurry. Nor would they imply an expansive interpretation at the discretion of the enforcement authority.. So, for example, an offense will be a serious one, if for a repeated offense you'll get a criminal record.
  • Introduction of the concept of a similar transaction with the investigation in criminal proceedings. Cooperation with government agencies before applying to the court will help companies mitigate responsibility.
  • When preparing the new edition of the code, the legislator largely took into account the interests of business.. The state provides support to business and seeks to minimize punishment, replacing it with caution and prevention. Business requirements become clearer. We will keep you informed about the process of consideration and adoption of the new version of the code. New edition of the Code of Administrative Offences
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