Administrative Offence Code Update: Main Thrusts

05.07.2019

Information letter No 686

Bryan Cave Leighton Paisner (Russia) LLP (formerly Goltsblat BLP in Russia) is pleased to share with you a round-up of the key points outlined in the Concept for the New Administrative Offence Code of the Russian Federation (the Concept), which came to light this June.

The administrative offence legislation is currently being revised to create a new legal framework for administrative liability, hence the “new Code concept” reference in the title.

The Concept notes that the new regulation has to be sustainable, and for a reason: Russia’s Administrative Offence Code (the Code) has seen more than 4,800 amendments over the 17 years it has been in effect. So many amendments could not have been entirely systematic. The Concept says this results in disparate legal frameworks for essentially similar public relations, misregulation of certain fundamental public relations issues and, ultimately, an adverse impact on how the rights and legitimate interests of individuals and corporations are enforced.

So the procedure for amending the new Code is to be revised. Only bills on which a Government position paper has been issued will be submitted to the State Duma.

The Concept outlines the following general tenor for the updating efforts:

  • Separating out provisions on administrative offence proceedings from the Code;

  • Shortening the list of administrative offences in general and those going to court in particular (except for offences causing considerable public harm);

  • Prioritising offence prevention and practising a differentiated, risk-orientated approach if prevention and coercive prevention efforts fail;

  • Further addressing the list of mitigating and aggravating circumstances for administrative liabiltiy;

  • Setting statutes of limitations for each category of administrative offence based on their nature and the public harm involved;

  • Suggesting new approaches to representation, allowing only advocates and other law graduates to act for clients in administrative proceedings (except in cases heard by justices of the peace and district courts);

  • streamlining enforcement of administrative fines of up to RUB 10,000 to obviate the need for enforcement proceedings (automatic enforcement solely against funds on the debtor’s accounts with banks and other credit institutions).

Currently in development, the new Code is expected to take effect on 1 January 2021, along with other legislative acts regulating administrative relations.

On the date of this Letter, the full text of the Concept is available on the official website of the Russian Government at

http://static.government.ru/media/files/KVhRVrFpSydJQShBIwlAY7khO7NAt9EL.pdf

Contact details

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Ksenia Soboleva

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