Penalties for violation of licensing requirements
In Russia, it was proposed to introduce administrative liability for violation of requirements that are not licensed in the field of production and turnover of tobacco and nicotine-containing products. Such a bill was submitted to the State Duma on August 2.
Maxim Topilin, Artyom Kiryanov, Stanislav Naumov and Alexander Maksimov, Chairman, deputies and member of the State Duma Committee on Economic Policy, proposed amendments to the Administrative Code.
The bill provides for an administrative fine for individual entrepreneurs in the amount of 20 thousand to 30 thousand rubles with confiscation of products, products, equipment, raw materials, semi-finished products or other items used for the production and turnover of tobacco products, tobacco products, nicotine-containing products or raw materials for their production. Legal entities, in turn, will face a fine in the amount of 100 thousand to 150 thousand rubles with confiscation.
The initiative is aimed at reducing the volume of illegal production and turnover of tobacco and nicotine-containing products, the deputies indicated in an explanatory note.
The authors of the innovation drew attention to the fact that the Law "On State regulation of the production and turnover of tobacco products, tobacco products, nicotine-containing products and raw materials for their production" establishes a list of requirements in this area. However, these requirements are not licensed. However, the Administrative Code does not provide for administrative liability for violation of non-licensing requirements. In this regard, it is necessary to eliminate the legislative gap, the parliamentarians noted.
In addition, the deputies introduced a bill (No. 687969-8), which will allow to make a decision on the state registration of the main technological equipment for tobacco products subject to state registration, and not to register the main technological equipment that is not subject to state registration. The document also provides for the addition of grounds for making a decision to refuse state registration of the main technological equipment, if the presented equipment is not installed (not mounted).
The legislators also proposed to establish cases in which the installed (mounted) main technological equipment is not subject to conservation in the absence of a license for the production of tobacco products. In addition, the owner of the equipment, who has changed the name or organizational and legal form of a legal entity or the full name of an individual or sole proprietor, wants to fix the mechanism of his actions in case of changes.
The amendments also provide for specifying in the application a specific type of tobacco or nicotine-containing products or raw materials for the production of such products, as well as expanding the list of grounds for refusal to issue a license. The new basis is proposed to establish the discrepancy between the address of the place of production, which is indicated in the application for a license, and the actual address.
The document also provides for the exclusion of individual entrepreneurs from the circle of applicants who have the right to apply for a license to purchase tobacco and nicotine-containing products for the sale of such products as goods placed under the customs procedure of duty-free trade.
The deputies also proposed to revoke the license for failure to provide information to the information monitoring system on production, commissioning or withdrawal from it, including when importing raw materials or nicotine raw materials into or out of Russia.
According to the bill, the minimum price for tobacco products, with the exception of cigarettes and cigarettes, will be determined in accordance with the procedure established by the Cabinet of Ministers, as well as the adoption of an appropriate act of the Government.
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