Екатерина Чернявская
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Депутат Госдумы Ильдар Гильмутдинов выступил с инициативой расширить перечень административных правонарушений, по которым проводится административное расследование. В него планируется включить пользование недрами без специальной лицензии, либо с нарушением условий, ею предусмотренных, и (или) требований технических проектов. В этих целях предполагается внести дополнение в ст. 28.7 КоАП.
Необходимость нововведения1 объясняется тем, что в ряде случаев правонарушители остаются безнаказанными. Как отмечается в пояснительной записке, за пользование недрами без лицензии или с нарушением ее условий и (или) требований технических проектов, в зависимости от размера ущерба может применяться уголовная (ст. 171 Уголовного кодекса), либо административная ответственность (ст. 7.3 КоАП РФ). Причем уголовное наказание назначается при наличии ущерба в крупном размере – более 2,25 млн руб. (прим. к ст. 170.2 УК РФ). Однако в большинстве случаев, как сообщает разработчик документа, уголовные дела прекращаются из-за того, что доказать объемы незаконно добытых общераспространенных полезных ископаемых в рамках административного производства невозможно.
Напомним, что на этой неделе в Госдуму также был внесен законопроект об ужесточении административной ответственности за нарушение изготовителями требований техрегламентов с целью получения необоснованной коммерческой выгоды. Размер санкции для юрлиц за совершение этого правонарушения может составить от 300 тыс. до 600 тыс. руб. с возможной конфискацией предметов административного правонарушения.
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1 С текстом законопроекта № 645595-7 «О внесении изменения в статью 28.7 Кодекса Российской Федерации об административных правонарушениях» и материалами к нему можно ознакомиться на официальном сайте Госдумы.
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