News
- 21 March 2019, 15:03
- The Prosecutor General's Office of the Russian Federation
Based on the acts of prosecutors, more than 7 thousand individuals, officials and legal entities were held administratively liable for corruption offenses (in 2017 - 6.8 thousand). At the same time, the amount of fines imposed remains quite impressive - in general, fines totalling more than 900 million roubles were imposed for all administrative offenses of corruption orientation.
The vast majority of them are administrative offenses related to the illegal employment of former state or municipal employees in commercial and other organizations after their dismissal from service (article 19.29 of the Code of Administrative Offenses of the Russian Federation).
In 2018, prosecutors initiated more than 5 thousand cases of administrative offenses under Article 19.29 of the Code of Administrative Offenses of the Russian Federation, according to the results of which 4.7 thousand people were brought to administrative responsibility, and fines in the amount of 187.5 million roubles were imposed, of which turned into state budget were 137.8 million roubles.
For instance, magistrates examined administrative cases of offenses envisaged under Article 19.29 of the Code of Administrative Offenses of the Russian Federation. The cases later forwarded to the court were first instituted by the prosecutor's office of the Vyborgsky district of Saint Petersburg in relation to a commercial organization and its director general because of a violation by the employer of the deadline for sending a notice of the conclusion of an employment contract with a person who previously filled the position of federal state civil service in the Federal Service of Bailiffs in St. Petersburg. The legal entity and the director general were punished with administrative fines of 100 thousand roubles and 20 thousand roubles, respectively.
Quite often, prosecutors also identify administrative offenses under Article 19.28 of the Code of Administrative Offenses of the Russian Federation (illegal remuneration on behalf of a legal entity).
Thus, in 2018, under article 19.28 of the Code of Administrative Offenses of the Russian Federation the prosecutors had opened 487 cases on administrative offenses, which led to bringing to administrative responsibility 439 legal entities, with administrative fines totalling 691 million roubles.
For example, the prosecutor's office of the Usmansky district of the Lipetsk region instituted a case of an administrative offense under Part 2 of Article 19.28 of the Code of Administrative Offenses of the Russian Federation against a legal entity whose director offered illegal monetary remuneration in the amount of 8 million roubles to an official of the Federal Penitentiary Service of Russia in the Lipetsk region in exchange for the conclusion of government contracts for the supply of goods for the needs of the penitentiary system. According to the results of consideration of the prosecutor’s motion in court, the legal entity was found guilty of the commission of the said corruption related offense and fined 20 million roubles.
In the Samara region, by a decision of a magistrate, guilty of an administrative offense, stipulated under paragraph 1 of Article 19.28 of the Code of Administrative Offenses of the Russian Federation, and fined 1 million roubles was a limited liability company, on behalf and in the interests of which its legal adviser proposed to transfer 10 thousand roubles a month to an official of the Samara Region law enforcement agency in exchange for the return to the said legal entity of its seized alcoholic products and for the exercise of further patronage.
However, over the years there has been a problem with the collection of fines imposed, especially in relation to legal entities. Despite the measures taken in this area, which allowed to significantly increase the percentage of the total amount of fines imposed (from 22% in 2016 to 39% in 2018), it was not possible to achieve the inflow of the entire amount of fines to the budget.
In this regard, the Prosecutor General’s Office of the Russian Federation proposed amendments to the legislation, which, as it seems, will contribute to increasing the efficiency of the collection of administrative fines set for illegal remuneration on behalf and in the interests of legal entities.
Thus, the Federal Law dated August 3rd, 2018 No. 298-FZ “On Amendments to the Code of Administrative Offenses of the Russian Federation”, which entered into force on August 14th, 2018, introduced such a measure to ensure the proper carrying out of the administrative proceedings as the seizure of the property belonging to legal entities.
According to updated information, during the period the mentioned law has been in force (that is, for the last 4.5 months of the year 2018), prosecutors filed 38 motions to the courts in order to have the property of legal entities seized. Of them the courts examined and satisfied 32 petitions worth more than 100 million roubles. The decisions that already entered into legal force (where such a measure was applied) have been successfully executed.
In accordance with the provisions of federal legislation, banned from participating in state and municipal procurements are those legal entities that over the course of the two years preceding filing an application for participation in the procurement were held administratively liable under article 19.28 of the Code of Administrative Offenses of the Russian Federation.
In order to implement the provision described above, the Prosecutor General's Office of the Russian Federation has created and maintains a register of such legal entities, which is publicly available on the website of the Prosecutor General 's Office of the Russian Federation.
For 2018, the register has been amplified to include information on more than 300 legal entities brought to administrative responsibility under article 19.28 of the Code of Administrative Offenses of the Russian Federation. In total, to date, the register contains data on more than 1700 legal entities.
The Prosecutor General's Office
of the Russian Federation
The Prosecutor General's Office of the Russian Federation
21 March 2019, 15:03
Based on the acts of prosecutors, more than 7 thousand subjects were held administratively liable for corruption offenses
Based on the acts of prosecutors, more than 7 thousand individuals, officials and legal entities were held administratively liable for corruption offenses (in 2017 - 6.8 thousand). At the same time, the amount of fines imposed remains quite impressive - in general, fines totalling more than 900 million roubles were imposed for all administrative offenses of corruption orientation.
The vast majority of them are administrative offenses related to the illegal employment of former state or municipal employees in commercial and other organizations after their dismissal from service (article 19.29 of the Code of Administrative Offenses of the Russian Federation).
In 2018, prosecutors initiated more than 5 thousand cases of administrative offenses under Article 19.29 of the Code of Administrative Offenses of the Russian Federation, according to the results of which 4.7 thousand people were brought to administrative responsibility, and fines in the amount of 187.5 million roubles were imposed, of which turned into state budget were 137.8 million roubles.
For instance, magistrates examined administrative cases of offenses envisaged under Article 19.29 of the Code of Administrative Offenses of the Russian Federation. The cases later forwarded to the court were first instituted by the prosecutor's office of the Vyborgsky district of Saint Petersburg in relation to a commercial organization and its director general because of a violation by the employer of the deadline for sending a notice of the conclusion of an employment contract with a person who previously filled the position of federal state civil service in the Federal Service of Bailiffs in St. Petersburg. The legal entity and the director general were punished with administrative fines of 100 thousand roubles and 20 thousand roubles, respectively.
Quite often, prosecutors also identify administrative offenses under Article 19.28 of the Code of Administrative Offenses of the Russian Federation (illegal remuneration on behalf of a legal entity).
Thus, in 2018, under article 19.28 of the Code of Administrative Offenses of the Russian Federation the prosecutors had opened 487 cases on administrative offenses, which led to bringing to administrative responsibility 439 legal entities, with administrative fines totalling 691 million roubles.
For example, the prosecutor's office of the Usmansky district of the Lipetsk region instituted a case of an administrative offense under Part 2 of Article 19.28 of the Code of Administrative Offenses of the Russian Federation against a legal entity whose director offered illegal monetary remuneration in the amount of 8 million roubles to an official of the Federal Penitentiary Service of Russia in the Lipetsk region in exchange for the conclusion of government contracts for the supply of goods for the needs of the penitentiary system. According to the results of consideration of the prosecutor’s motion in court, the legal entity was found guilty of the commission of the said corruption related offense and fined 20 million roubles.
In the Samara region, by a decision of a magistrate, guilty of an administrative offense, stipulated under paragraph 1 of Article 19.28 of the Code of Administrative Offenses of the Russian Federation, and fined 1 million roubles was a limited liability company, on behalf and in the interests of which its legal adviser proposed to transfer 10 thousand roubles a month to an official of the Samara Region law enforcement agency in exchange for the return to the said legal entity of its seized alcoholic products and for the exercise of further patronage.
However, over the years there has been a problem with the collection of fines imposed, especially in relation to legal entities. Despite the measures taken in this area, which allowed to significantly increase the percentage of the total amount of fines imposed (from 22% in 2016 to 39% in 2018), it was not possible to achieve the inflow of the entire amount of fines to the budget.
In this regard, the Prosecutor General’s Office of the Russian Federation proposed amendments to the legislation, which, as it seems, will contribute to increasing the efficiency of the collection of administrative fines set for illegal remuneration on behalf and in the interests of legal entities.
Thus, the Federal Law dated August 3rd, 2018 No. 298-FZ “On Amendments to the Code of Administrative Offenses of the Russian Federation”, which entered into force on August 14th, 2018, introduced such a measure to ensure the proper carrying out of the administrative proceedings as the seizure of the property belonging to legal entities.
According to updated information, during the period the mentioned law has been in force (that is, for the last 4.5 months of the year 2018), prosecutors filed 38 motions to the courts in order to have the property of legal entities seized. Of them the courts examined and satisfied 32 petitions worth more than 100 million roubles. The decisions that already entered into legal force (where such a measure was applied) have been successfully executed.
In accordance with the provisions of federal legislation, banned from participating in state and municipal procurements are those legal entities that over the course of the two years preceding filing an application for participation in the procurement were held administratively liable under article 19.28 of the Code of Administrative Offenses of the Russian Federation.
In order to implement the provision described above, the Prosecutor General's Office of the Russian Federation has created and maintains a register of such legal entities, which is publicly available on the website of the Prosecutor General 's Office of the Russian Federation.
For 2018, the register has been amplified to include information on more than 300 legal entities brought to administrative responsibility under article 19.28 of the Code of Administrative Offenses of the Russian Federation. In total, to date, the register contains data on more than 1700 legal entities.
