Екатерина Чернявская
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Тюменская областная Дума внесла в нижнюю палату парламента законопроект, которым предполагается скорректировать правила назначения административных наказаний за введение потребителей в заблуждение относительно потребительских свойств или качества товара, работы или услуги (ч. 2 ст. 14.7 КоАП). В частности, дополнительным возможным наказанием может стать конфискация предмета административного правонарушения. При этом размер административного штрафа для граждан, должностных и юридических лиц за совершение указанного правонарушения менять не планируется, но может появиться специальная санкция для ИП в виде штрафа от 20 тыс. до 50 тыс. руб. с возможной конфискацией предметов противоправного деяния.
Также предлагается1 ввести отдельное административное наказание для ИП и за производство в целях сбыта либо реализацию товара с незаконным воспроизведением чужого товарного знака, знака обслуживания, наименования места происхождения товара или сходных с ними обозначений для однородных товаров (ч. 2 ст. 14.10 КоАП). Санкцию предполагается определить в виде четырехкратного размера стоимости товара, явившегося предметом административного правонарушения, но не менее 80 тыс. руб. с конфискацией предмета противоправного деяния.
С примерной формой возражений на предостережение о недопустимости нарушения обязательных требований, подготовленной экспертами компании «Гарант», можно ознакомиться в интернет-версии системы ГАРАНТ. Получите полный доступ на 3 дня бесплатно!
Напомним, что до 14 декабря московским предприятиям торговли и услуг нужно украсить фасады своих зданий и витрин к Новому году в соответствии со специальной концепцией. Причем за невыполнение этого требования они могут быть подвергнуты административному штрафу, К примеру, для юрлица его размер составляет от 500 тыс. до 1 млн руб.
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1 С текстом законопроекта № 597536-7 «О внесении изменений в Кодекс Российской Федерации об административных правонарушениях» и материалами к нему можно ознакомиться на официальном сайте Госдумы.
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