Ответственность за нарушение изготовителями требований техрегламентов с целью получения необоснованной коммерческой выгоды могут ужесточить

Екатерина Чернявская

Ответственность за нарушение изготовителями требований техрегламентов с целью получения необоснованной коммерческой выгоды могут ужесточить
alebloshka / Depositphotos.com

Член Совета Федерации Bячеслав Тимченко предложил дополнить ст. 14.43 КоАП, новой ч. 4, устанавливающей повышенные размеры штрафов за нарушение изготовителями и продавцами требований технических регламентов в целях получения необоснованной коммерческой выгоды. Ужесточение административной ответственности может также затронуть лиц, выполняющих функции иностранного изготовителя.

За совершение указанного правонарушения граждан планируется штрафовать на сумму от 2 тыс. до 4 тыс. руб.; должностных лиц – на сумму от 20 тыс. до 30 тыс. руб.; ИП – от 30 тыс. до 40 тыс. руб.; юрлиц – на сумму от 300 тыс. до 600 тыс. руб. Предполагается, что для всех правонарушителей возможным дополнительным видом наказания станет конфискация предметов административного правонарушения1.

Необходимость нововведения аргументируется тем, что нормы ст. 14.43 КоАП РФ не дифференцируют меры ответственности в зависимости от целей и причин. Хотя, как отмечается в пояснительной записке к документу, нарушения требований технических регламентов происходят по двум основным причинам: 

объективное нарушение технологических процессов, повлекшее за собой несоблюдение указанных требований;  умышленное нарушение технологических процессов и регламентов, а также государственных стандартов с целью извлечения необоснованной коммерческой выгоды.

Также поясняется, что санкции указанной статьи КоАП РФ не соответствуют рискам причинения вреда имуществу физлиц, государственным интересам, а кроме того не учитывают квалифицирующие признаки, связанные с реализацией ненадлежащего товара неопределенному кругу лиц.

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1 С текстом законопроекта № 644026-7 «О внесении изменения в статью 14.43 Кодекса Российской Федерации об административных правонарушениях» и материалами к нему можно ознакомиться на официальном сайте Госдумы.

Источник: garant.ru

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