It should be stressed that the agreement will be official, everything will be fair and transparent: some will be corrected, others will not be punished or will be punished lightly. As experts point out, first of all, the proposal may be of interest to businesses. But budgetary institutions will also be able to conclude agreements in which inspectors find some shortcomings.
According to Vladimir Gruzdev, Chairman of the Board of the Russian Bar Association, the bill proposes to provide a mechanism for concluding an agreement between a person who is held administratively responsible and an authorized government body. According to him, the execution of the concluded agreement will be the basis for exempting a person from administrative liability.
“The regulation introduced by the draft law has a framework character and can be applied in various areas of public relations if the procedure for concluding and executing an agreement is enshrined in industrial legislation. Such changes will allow achieving the preventive goal of the draft legislation on administrative offences and reducing the excessive burden on persons subject to administrative responsibility who are willing to eliminate the offences they committed,” said Vladimir Gruzdev.
He added that the purpose of introducing the institution of agreements is to motivate persons who have committed administrative violations to prevent the harmful consequences of such violations, as well as to create conditions for them to be able to prevent similar violations in the future.
The Chairman of the Board of the law firm said that the introduced regulation also aims to reduce the risks of non-compliance by the offender, whose non-compliance will be brought to administrative liability, due to the nature of the imposed obligation, punishment (for example, if there is a shortage of financial resources in case of paying administrative fines), as well as the accounting interests of entities that are financially dependent on such a person (for example, in case of suspension of the activities of a large company).
“The systematic approach proposed by the bill will allow, on the one hand, to achieve the preventive goal of legislation on administrative offences and, on the other, to reduce the excessive burden on persons subject to administrative responsibility who are willing to eliminate offences. They have made commitments, including to budgetary institutions and their officials,” said Vladimir Gruzdev.
