Елена Самтынова
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Росфинмониторинг подготовил законопроект, которым предлагается дополнить КоАП новой ст. 15.27.3, предусматривающей административную ответственность юрлица за совершение сделок или финансовых операций с денежными средствами (имуществом), полученными преступным путем. Для привлечения юрлица к ответственности по данной статье необходимо установить1 совершение физлицом в интересах юрлица таких действий с денежными средствами (иным имуществом), о преступной природе которых данное физлицо было осведомлено. Указанное правонарушение повлечет для юрлица наложение административного штрафа в размере до трехкратной суммы денежных средств, стоимости иного имущества, являющихся предметом административного правонарушения, но не менее 1 млн руб. с конфискацией денежных средств или иного имущества, либо административное приостановление деятельности на срок до 30 суток с конфискацией денежных средств или иного имущества.
При этом уточняется, что под физлицом, совершившим указанные действия, понимается лицо, имеющее управленческие функции или возможность контроля того, что сделки или финансовые операции совершаются с денежными средствами или иным имуществом, приобретенными преступным путем, а именно:
физлицо, уполномоченное совершать действия на основании закона, иного правового акта, договора или доверенности; физлицо, занимающее должность в органах управления юрлица или органах, осуществляющих контроль за финансово-хозяйственной деятельностью юридического лица; бенефициарный владелец этого юрлица, определенный п. 8 ст. 6.1 Федерального закона от 7 августа 2001 года № 115-ФЗ «О противодействии легализации (отмыванию) доходов, полученных преступным путем, и финансированию терроризма».
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Рассматривать дела об указанных правонарушениях, согласно законопроекту, будут судьи, а составлять протоколы – должностные лица Росфинмониторинга. Относительно назначения дополнительного административного наказания в виде конфискации имущества предполагается, что в случае, если имущество юрлица было получено в результате совершения действий по указанной статье и приобщено к имуществу, приобретенному законным путем, конфискации подлежит та часть этого имущества, которая соответствует стоимости приобщенного имущества. А если такая конфискация невозможна, то суд вправе вынести решение о конфискации денежной суммы, которая соответствует стоимости данного предмета. При недостаточности денежных средств, подлежащих конфискации суд может конфисковать иное имущество, стоимость которого соответствует стоимости предмета, подлежащего конфискации, за исключением имущества, на которое не может быть обращено взыскание.
Также предлагается установить срок давности привлечения к административной ответственности и применения меры обеспечения производства по делу об административном правонарушении в виде ареста денежных средств и имущества юрлица в виде шести лет. Помимо этого, инициировано увеличение срока давности привлечения к административной ответственности по ч. 4 ст. 15.27 КоАП РФ.
В случае принятия закона вступление его в силу запланировано по истечении 180 дней после дня официального опубликования.
Антикоррупционная экспертиза и общественное обсуждение по законопроекту продлятся до 14 мая.
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1 С текстом законопроекта «О внесении изменений в КоАП РФ (в части установления ответственности юридических лиц за совершение сделок или финансовых операций с денежными средствами или иным имуществом, полученных преступным путем) можно ознакомиться на федеральном портале проектов нормативных правовых актов (ID: 02/04/04-20/00101122).
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