The Government of the Russian Federation has submitted to the State Duma a bill proposing amendments to the Code of Administrative Offences of the Russian Federation designed to reduce government costs and differentiate the measure of responsibility, taking into account the circumstances. The relevant document appeared on June 26 in the official electronic database of the Chamber.
The draft law, among other things, proposes that instead of a fine multiple of the value of the infringing item, a fixed fine be imposed for an administrative offense committed by individuals when they transport tobacco products and (or) alcoholic beverages in quantities exceeding the norms for importation into the customs territory of the Eurasian Economic Union without payment of customs duties.
"These changes will reduce the cost of the state to conduct examinations (the average cost of one examination is 26.5 thousand rubles), assigned to assess the value of seized items of an administrative offense (Article 27.11 of the Code), reduce the costs of administrative proceedings, and ensure procedural savings," the explanatory note says.
A similar approach to imposing a fixed administrative fine is proposed for non-declaration of goods for which customs and other payments are not payable, prohibitions and restrictions are not applied.
In addition, liability under part 2 of Article 16.2 for submitting false information during the customs declaration of goods is excluded if the amount of undervaluation of customs duties is less than five euros.
The notes to Article 16.2 are supplemented by a new condition for the release of bona fide declarants and customs representatives from liability for false declaration of goods if they independently identify false information at the stage before the release of goods.
The draft law also provides for amendments to articles 16.4 and 16.16 providing for punishment in the form of a warning (in addition to a fine), which will ensure the differentiation of liability measures taking into account the circumstances of the commission of offenses, the identity of the offender and will allow for a more lenient punishment to persons who have committed these offenses for the first time.
The draft law supplements Article 19.7.13 with a note on exemption from administrative liability if a person independently identified and eliminated the unreliability of information in the submitted statistical form of accounting for the movement of goods or submitted a statistical form within eight working days after the expiration of the deadline.
In addition, article 32.2 of the draft law will allow paying an administrative fine to other persons instead of the person brought to administrative responsibility. This is especially true when paying fines imposed on foreign citizens.
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