Елена Самтынова
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Минсельхоз России разработал законопроект о специальных мерах административной ответственности для сельскохозяйственных кредитных потребительских кооперативов за нарушение сроков выполнения законного предписания Банка России и непредставление в его адрес необходимой информации об их деятельности. Текст документа размещен на федеральном портале проектов нормативных правовых актов.
Так, предлагается1 ввести специальную административную ответственность для кредитных кооперативов с числом членов и ассоциированных членов не более 3 тыс. физических и (или) юрлиц, в которой предусмотреть смягчение санкции за невыполнение в установленный срок законного предписания Банка России. Такую ответственность предлагают установить в виде штрафа для должностных лиц в размере от 5 тыс. до 10 тыс руб. и для юрлиц – от 30 тыс. до 50 тыс. руб. Кроме того, за непредставление информации кредитным кооперативом с числом членов и ассоциированных членов не более 3 тыс. физических и (или) юрлиц или нарушение порядка либо сроков представления в Банк России отчетов, уведомлений и иной информации о деятельности, либо представление неполной или недостоверной информации, кроме случаев, если Банком России дается предписание об устранении нарушения законодательства РФ о сельхозкооперации, и если эти действия (бездействие) не содержат уголовно наказуемого деяния, – для должностных лиц планируется установить штраф в размере от 5 тыс. до 10 тыс. руб. или дисквалификацию на срок до одного года, для юрлиц – штраф в пределах от 30 тыс. до 50 тыс. руб.
Сегодня сельскохозяйственные кредитные потребительские кооперативы как юрлицо за указанные действия (бездействие) привлекают к ответственности в общем порядке, а именно, к штрафу в размере от 500 тыс. до 700 тыс. руб. (ч. 9 ст. 19.5, ст. 19.7.3 КоАП). Такая ситуация, по мнению разработчиков законопроекта, является несправедливой, так как допускает применение одной санкции к юрлицам с разными объемами деятельности, как к крупным организациям (например, банкам), так и к небольшим, к которым относятся эти кооперативы. При этом уровень финансовых возможностей крупных и малых участников финансового рынка различается в 500-1000 раз, и применение штрафных санкций к последним даже в минимальных пределах может иметь серьезные последствия вплоть до прекращения деятельности предприятия.
Соответствующим законопроектом разработчики законопроекта предлагают применять принцип соразмерности административных санкций в зависимости от объемов деятельности юрлиц, в частности, кооперативов, что будет способствовать повышению устойчивости их деятельности и снижению рисков банкротства. Независимая антикоррупционная экспертиза указанного законопроекта продлится до 16 декабря.
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1 С текстом законопроекта «О внесении изменений в Кодекс Российской Федерации об административных правонарушенияхв части установления специальных мер административной ответственности для сельскохозяйственных кредитных потребительских кооперативов» и материалами к нему можно ознакомиться на федеральном портале проектов нормативных правовых актов (ID: 04/13/12-19/00097968).
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