THE MINISTRY OF JUSTICE PRESENTED A REVISED DRAFT OF THE PROCEDURAL ADMINISTRATIVE CODE
19/06/2020
Starting from June 16, the amended draft of the Procedural Administrative Code of the Russian Federation is presented for public discussion. Compared with the previous version, the document has changed significantly. The main revisions include:
- The revised draft indicates how the Procedural Code of Administrative Offenses of the Russian Federation (‘the PCoAP’) should interact with the Code of Arbitration Procedure of the Russian Federation. The latter will apply to cases on bringing to administrative responsibility of legal entities and individual entrepreneurs in connection with their economic activities (Article 1.1 of the Project), as well as on appealing such decisions.
- The initial draft stipulated the legal entity’s guilt presumption, provided it is proved that its officials, employees or representatives have committed a violation, which has been very much criticized. So, the current text establishes almost a presumption of innocence: If the guilt of officials, employees or representatives of a legal entity is not established, then the legal entity’s guilt is not presumed;
- The procedure of online submission of documents to the court has been improved. In particular, it will be possible to submit applications, petitions, complaints etc. in the form of an electronic document including through the personal account of the trial participant, a simple electronic signature will be sufficient;
- New rules on the right to rehabilitation of those illegally prosecuted, have appeared. They will include, for instance, the right to compensation for the legal entity property and business reputation damage;
- The previous draft version provided for a number of cases when suspension of a special permit (license) was possible as interim measure, which now is excluded;
- Unlike before, written applications are now supposed to be used in exceptional cases (e.g. when claiming for protocol copy or an audio recording).
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