New order of proceedings for administrative cases is determined

Amendments to the Code of Administrative Offences of the RF (CAO RF) were made by the Federal Law from August 3, 2018 №298-FL.

In particular, arrest of property of legal entities that act as defendants in administrative cases on illegal gratification on behalf of legal entity that is provided by the Article 19.28 of the CAO RF.

Under arrest of property is implied embargo on property disposal or limitations on possession or disposal of property. In cases when legal entities do not have other property, monetary funds on deposits and banking accounts can be arrested. Besides, value of the arrested property cannot exceed maximum amount of administrative fine provided by the Article 19.28 of the CAO RF.

Arrest of property is implied by judicial procedure based on the decision on initiation of administrative proceeding and, provided with reasoned application of prosecutor.

Specific facts that were cause for making such a decision and limitations on property disposal should be determined in court decision on arrest of property.

Court decision on arrest of property is enforced in accordance to the legislation concerning enforcement proceedings.

Arrest of property can be annulled by the judge who took this decision, on presentation of prosecutor, bailiff and executor of justice or after considering of reasoned statement of defense (legal representatives) of legal entities.

Besides, according to the Addition to the Federal Law, made to the Article 19.28 of the CAO RF, legal entities can be released from administrative responsibility, with contribution made to detection of violation, administrative investigation, crime related to such violations, and in cases when these legal entities were subjected to blackmail. However, the Addition to the Article 19.28 of the CAO RF does not concern administrative violations regarding foreign authorities, including public international organizations while carrying out commercial transactions.

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