the updated Code of administrative offences is proposed to return to the norm about the presumption of innocence of persons brought to responsibility for administrative offense, before making a decision. The draft document the Ministry of justice has placed on the portal of normative legal acts.
the justice Ministry said that on the return of the rule of presumption of innocence asked the business community, reports TASS. Informed of the new administrative code, this rule was removed because it was regulated in the draft Procedural code of administrative offences (PCoIP). But, given the importance of this fundamental principle of the legislation, it was decided to reflect the statement on the principle of the presumption of innocence in the administrative code. That is the principle of the presumption of innocence is enshrined in the administrative code, and issues of implementation will be dealt with in the project (Pcap).
the Ministry of justice added that the re-draft of the administrative code finalized taking into account comments and proposals received upon the results of its examination by interested government agencies and citizens.
Also in the code will not increase the existing level of fines and the period of limitation for bringing to administrative responsibility. Changes were made only a General rule for convenience and simplicity: General limitation of bringing to administrative responsibility in the new Cao will be one year. A one-year term provided for the same compositions, as in the current code of administrative offences.
exceptions to the General one-year Statute of limitations on the components of administrative offences in respect of which they currently account for less than a year: 2 weeks (when considering the case on administrative offence body or official) and 3 months (when considering the case about administrative offense the court), or more than one year (2, 3 and 6 years).
Also in the new code of administrative offences provides that instead of fines will be more common warnings. Administrative punishment in the form of a warning provided for in the provisions of articles 263 KoaP (in the current code of administrative offences of such rules, a total of 156).
To reduce the number of persons brought to administrative responsibility in form of penalty proposed to extend the mechanism of replacement of the administrative penalty a warning for all legal entities and individual entrepreneurs and their employees, the appointment of administrative punishment for administrative offences identified in the course of state control (supervision), municipal control, state (municipal) financial control. The rule applies when the administrative offence was committed for the first time, is not classified as gross administrative offenses and no aggravating circumstances.
Another innovation: to extend the possibility of paying half the amount of the fine for all offenses, except in case of gross. Discount is available within 20 days from the date of the judgment in the case of an administrative offense.
in addition, the draft Procedure of the administrative code will be a mechanism of restoration of rights of persons illegally brought to administrative responsibility. Speech including goes about compensation of moral harm, caused physical to the person, and compensation for harm caused to business reputation of legal entity, for illegally bringing them to administrative responsibility.
Recall that in January the Ministry of justice published a new draft of the administrative code. The paper proposed to dramatically increase a number of penalties, including traffic violations. Document immediately fell to sharp criticism. So, in the state Duma said that the Ministry of justice Cao reinforces repressive mechanisms and does not meet the tasks set by the President in address to the Federal Assembly, and the document is unlikely to be approved by deputies. Prime Minister Mikhail Mishustin at the same time declared that in Russia “have not achieved such a growth in wages, so as to increase the fines.” He pointed out that the proposed new code of administrative offences to a fine of 5 thousand rubles per day.and speeding — too much for many and the amount proposed to revise the approach to setting penalties “taking into account solvency of the population” and from the point of view of improving the administration. Also Mishustin said about the need in principle to revise the rules of work with documents and not to make the statement “raw and unfinished” projects, because it “generates a corresponding image of the state” from the citizens and gives not the best public interest. The document was sent for processing.
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