The draft of the new Code of Administrative Offenses is distinguished by increased prevention in comparison with the current code. However, the new code has many shortcomings, the first deputy chairman of the State Duma committee on state construction, as well as legislation, M. Yemelyanov, speaks about this openly.
An important feature of the project is the nuances in matters of prosecuting persons under the age of 18. Plus, the legislator plans to expand the use of punishments in the format of administrative warnings, thereby strengthening the “preventive level” of the code.
On the other hand, the deputy sharply criticized the punishment in the form of an administrative ban on doing business. “I am sure that such a sanction should be completely removed from the Administrative Code,” Yemelyanov stressed. In his opinion, this is a “widespread method of raider seizure and destruction of honest business. “
There is a real possibility of replacing such a sanction with monetary fines, official warnings, and bringing officials to justice. However, it is categorically impossible to prohibit the work of the enterprise, the deputy is sure.
Plus, he considers the point that prohibits the simultaneous prosecution of an enterprise and an official for a similar administrative violation as quite controversial. The level of guilt of a legal entity and an employee may differ. However, it is incorrect, while punishing an enterprise, to leave a citizen unpunished, Yemelyanov argues.
In addition, he considers it wrong to reduce the maximum time of administrative punishment in the format of compulsory work to sixty hours. Such a short term will not give the offender the opportunity to feel the severity of the punishment, that he is sure of.