Administrative suspension of activity: article, comments, features

The Code of Administrative Offenses sets penalties for administrative offenses. The degree of responsibility depends on the seriousness of the misconduct. Next, consider the two most common types of sanctions.

General information

In relation to the offenders stipulated by the articles of the Code of Administrative Offenses, along with other sanctions, it can be carried out:

• disqualification;
• administrative suspension of activities.

The practice of recent years shows that the latter is used quite often. The responsibility for the implementation of relevant decisions rests with the FSSP.

Administrative suspension

The definition of this type of sanction is explained in Art. 3.12 Administrative Code. Administrative suspension of activity is a type of administrative punishment, involving the temporary suspension of work of commercial / non-commercial entities. These include PBUL, companies, their branches, structural units, production sites, representative offices. Activities that may be prohibited may include, inter alia, the operation of facilities, assemblies, structures / buildings, the provision of services, the performance of certain works.

Types of Violations

In Art. 5.27 of the Code of Administrative Offenses it is determined that administrative suspension of activity is applied in cases where the functioning of the company poses a threat to the health / life of citizens. In other words, a temporary ban may be imposed in case of flagrant violations of fire safety requirements and labor protection regulations when employees are in real danger. The legislation allows administrative suspension of activities for up to 90 days. An enterprise may be held liable if it commits violations in the areas of:

1. The turnover of psychotropic and narcotic substances.
2. Urban planning activities.
3. Countering the legalization of illegal profits and the financing of terrorism.
4. Provided restrictions on foreigners, stateless entities and foreign organizations to conduct certain types of activities.
5. Public safety and order.
6. Involvement in labor activity of subjects of other states, people without citizenship in labor activity at trade facilities.

Important point

Administrative suspension of activity is established in cases provided for by the norms of the Special Part of the Administrative Code. Such liability is also assumed when less severe sanctions are insufficient for the violator. For the guilty subject to ensure the proceedings in the case may apply a temporary ban on the implementation of activities.

General rules

The procedure for administrative suspension of activity is determined in Art. 109 Federal Law No. 229 In accordance with the general rule, a judge’s order is implemented immediately after being issued. Therefore, the deadline is the date of initiation of proceedings. According to part 14 of Article 30 of the above Law, a period for the voluntary implementation of a court order is not provided. The administrative suspension of the organization’s activities involves sealing the premises, cash desks, storage areas for products and other material assets, and the imposition of seals. These events are held subject to paragraph 2 of Art. 32.12 Administrative Code. The legislation allows other measures to be taken to implement the requirements specified in the resolution.So, after the trial of one of the schools, the court issued a decision providing for the administrative suspension of the institution due to the low temperature in the classrooms. The director of the institution issued a decree in pursuance of the decision. After that, the school began work to restore proper temperature condition.

Responsibility of subjects for non-execution of the decision

The legislation provides for administrative punishment for enterprises that do not comply with the bailiff's instructions. In the case of malicious evasion of this obligation by representatives of the authorities, civil servants, employees of territorial self-government bodies, a municipal / state institution, a commercial or other enterprise, the legislation allows criminal prosecution. This provision also applies to entities that impede the execution of a court order providing for administrative suspension of activities.

Termination of Sanction

Administrative suspension legal activities of a person or other subject, brought to justice, ends after the expiration of a period specified by law of 90 days. Up to this point, the bailiff monitors the debtor's compliance with the imposed restrictions. The legislation provides for cases when administrative suspension of activity can be lifted before the expiration of the specified period. This is allowed when the circumstances that became the basis for holding accountable have been eliminated. Early termination is provided for by the 3rd and 4th paragraphs of Art. 32.12 Administrative Code. The relevant decision is made by the court within 5 days from the date of receipt of the application from the debtor. When considering the application, the authorized instance requests an opinion on the elimination or non-elimination of circumstances that became the basis for bringing the perpetrator to justice.

Impossibility of execution

Undoubtedly, the subject, held accountable, will strive to lift sanctions against him. However, it is not possible to eliminate the revealed violations in all cases. As mentioned above, the administrative suspension of activities involves the sealing of premises and the imposition of seals. This circumstance creates obstacles to the execution of court orders. According to paragraph 2 of Art. 32.12 of the Code of Administrative Offenses, it is not allowed to apply measures that can cause irreversible consequences for the production process, functioning and safety of life-supporting facilities. Upon receipt of the decision, the bailiff may recognize the impossibility of execution. According to paragraph 4 of Art. 73 of the Federal Law No. 229 in this case, the employee returns the IL to the court or other body that issued it. So, for example, if the decision provides for a temporary shutdown of the operation of the building of the district hospital, which is the only medical facility for several tens of kilometers, such a document is not subject to execution. It should be noted that the sanction will be valid under the law for 90 days. After this period, regardless of whether the violations are eliminated or not, it ceases. That is, the company may resume work until the next inspection.

Disqualification

This sanction is considered quite serious. Punishment is also imputed by court order. The legislation allows this sanction to be used in cases where the head of the enterprise has previously been held liable for violation of labor standards, and during the re-examination it was revealed that the circumstances were not eliminated or a similar misconduct was committed. Disqualification involves a ban on the implementation of activities by the subject for 1-3 years. According to Art. 5.27 of the Code of Administrative Offenses, a citizen during this period cannot perform managerial functions in non-profit and commercial structures.Simply put, he does not have the right to be a director, head of a branch / representative office or their deputy. When issuing a court order on disqualification, an employee must be removed from a managerial position and transferred to work that is not related to the performance of an administrative function.

Effects

When hiring a manager, the employer must make sure that the candidate is not deprived of the right to perform managerial functions. The Federal Tax Service of the Russian Federation has created an information base in which relevant information is made publicly available. The request can be sent to any territorial unit of the service. An extract will be prepared within 5 days. If during the inspection it is discovered that the company is being run by an disqualified director, the company will be fined. Its size can be up to 100 thousand rubles. As for individual entrepreneurs, this punishment may also apply to them. Moreover, the sanction does not deprive a citizen of the status of individual entrepreneur. In this case, disqualification involves only a ban on leadership, medical or pharmaceutical activities, as well as related to industrial safety examinations. The main sanction for individual entrepreneurs are fines.

Conclusion

Entrepreneurial and other public activities are regulated by legislative norms. The legal acts define the requirements, the implementation of which is mandatory for all entities. The Administrative Code provides for different types of punishments. For violations that do not threaten the livelihoods of people, as a rule, monetary penalties are charged. However, if the misconduct is deemed serious, then more severe punishment may follow. The task of business entities, first of all, is to prevent violations. If circumstances arise that serve as the basis for bringing to justice, then they must be eliminated as soon as possible. The fact that the suspension of the Code of Administrative Offenses ceases after 90 days, regardless of whether the violations are corrected or not, does not mean that subsequently sanctions will not be applied. At the next inspection, unresolved circumstances will be revealed again. In this case, the subject may be disqualified or prosecuted. Of course, there are cases when it is not possible to eliminate the circumstances. To exclude such situations during the trial, it is advisable to stipulate probable obstacles and the procedure for correcting violations. We should not forget that the execution of the decision is carried out immediately after its adoption. If it defines the sealing of the premises, then this will be done immediately.