United Russia deputies Vladimir Pligin and Martin Shakkum introduced in the state Duma the bill offering to replace the entrepreneurs of small and medium business liable to an administrative penalty at the referee.
Relief is possible only if administrative violations identified through Supervisory activities, have been committed for the first time, will not cause harm to the life and health of people, the environment, cultural sites and did not cause property damage. The warning must be said that the violator must correct the violation. Otherwise, he gets a fine.
That first penalty entrepreneurs need to replace the alert was discussed at a forum of “OPORA Russia” in January of this year. At the forum, Putin gave an instruction to the government. Deputies wrote the bill for the execution of the order, stated in the Executive note. These proposals were included in the anti-crisis plan of the government.
Before the fines were 4 thousand rubles for natural persons and 40 thousand roubles a maximum for legal entities, said the President of “OPORA” Alexander Kalinin. Over the past four years, the fines for legal entities became on average more than 100 thousand rubles., introduced their ratio — that is now the fines reach 500 thousand rbl., become frequent, and the penalties on one million roubles.
Now the rate on fines in the administrative code is of a variable nature: the inspector may issue a citation and may issue an alert. But in fact the inspector that he was accused of conspiring with a businessman, always makes a fine, says Kalinin. Annual collection of fines from businessmen exceeds 10 billion rubles, evaluates Kalinin. When a large number of checks, the fines may lead to bankruptcy of the company, said Vice President of “Business Russia” Andrei Nazarov.
The obligation for the controller to write the first prescription, and then the fine is “good traditions of the Soviet times”, said at the meeting with Putin Kalinin. The motivation of regulatory bodies should be consultation, rather than the need to penalize, Nazarov explains.
The project aims to “ultimately provide differentiation of administrative liability of entities of small and medium business, to prevent excessive, not correlated with the achieved level of socio-economic development of Russia administrative enforcement, to focus on prevention of administrative offences committed by subjects of small and average business”, the authors of the bill in the explanatory Memorandum.
In its current form the bill will not achieve its objectives, said the head of the audit-consulting group “AIP” Sergey Elin, since it is unknown whether the breaks work in practice.
For example, in the current version of the bill the warning is due to a different “if”: there is no threat to the life and health of citizens, no property damage and so on, lists concerns Elin. “But under these criteria if you wish you can bring any offense — even misspelled the price tag can be described as the desire to inflict property damage”, — said Elin. According to him, it would be correct to prescribe in the administrative code, responsibility of Supervisory bodies to caution on specific types of offenses (articles and paragraphs), leaving the officials to interpret the law.
The specific articles on which to impose a warning instead of a fine, may result in the erosion of the sense of initiative, fear Kalinin: “I Can say that the bill is accepted, but will apply only to specific offences, and other spheres do not touch, and the essence of the bill will know what it is.
“It must be clearly stated: if there is already an offence and there was no damage to life and health, then you should apply a preventive norm,” he says. “Since August 1, will create a registry of small and medium business, and the rule should work as follows: if you in this registry and has committed an offense, then you need to write out a prescription — it should be made mandatory and not elective. If you have not fulfilled this requirement in the foreseeable future, then you can be fined,” explains his view of the effect of the provisions of the bill, the President of “OPORA”. According to him, the OPORA will be closely watching the passage of the bill.