| Experts commented on the possible consequences of the introduction of a new procedure for administrative penalties to Vremya Novostey.
Alexey YAKOVLEV, leading legal consultant of the tax and legal department of FBK:
-- The bill attempts to organize the procedure for administrative penalties on the “one-window” principle. True, this will not work in favor of the taxpayer, but to speed up the process of imposing punishment for the offense committed in the form of failure to pay a fine. A protocol for non-payment of a fine according to current regulations can be drawn up by internal affairs bodies. The bill distributes these powers between the bodies that record the fact of the offense. At the same time, it is not clear why the same bodies should not be charged with the procedure for considering cases of non-payment of fines. The protocol is only part of the process; it is a recording of the fact of an offense. If there was an idea to make administrative procedures more technologically advanced and resolve issues more quickly, then this was not brought to its logical conclusion. There are a lot of bodies that, within the framework of their competence, consider cases of certain offenses. But if the task was to bring the entire procedure into one body, then the bill proposes a half-measure. The tax authority imposed a fine. The protocol, if the fine is not paid, is drawn up by the internal affairs bodies. And the court will consider this case. In the new edition, it turns out that the fine is imposed by the tax authority, non-payment is also recorded by the tax authority in the protocol, and another authority will consider it. Documents will still circulate between authorities.
Ivan POLYAKOV, member of the General Council of the public association “Business Russia”:
-- Strengthening the control and coordinating actions of the state can often be welcomed. But the authorities that have the right to hold people accountable do not always act within the framework of the norms prescribed by law. There are concerns that the proposed changes will have negative consequences for business. It cannot be guaranteed that the administrative body will not be interested in increasing the level of control, but only in the possibility of imposing a fine in any way. Functionally, it is sometimes necessary to separate the imposition of sanctions from monitoring the payment of a fine by the violator. Then a mechanism of checks and balances will work, preventing outright abuses by regulatory authorities.
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