Наталья Ключевская
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Ее текст сегодня появился на официальном сайте Правительства РФ. Работа над Концепцией нового КоАП (далее – Концепция) велась с конца марта текущего года и была обусловлена тем, что действующий КоАП РФ из-за большого количества норм и поправок (за 17 лет – более 4800 изменений) стал практически неприменим.
Концепция1 содержит общие ориентиры реформирования КоАП РФ и акценты на проблемные моменты, требующие разрешения при его модернизации. В числе наиболее значимых концептуальных положений можно выделить следующие:
категоризация административных правонарушений в зависимости от характера и степени их общественной вредности;установление административной ответственности, соразмерной характеру и степени общественной вредности противоправного деяния, с учетом общего риск-ориентированного подхода при осуществлении мероприятий госконтроля (надзора) и применении мер административного принуждения; выделение в качестве самостоятельного субъекта административных правонарушений ИП; установление в качестве обстоятельства, исключающего противоправность деяния, наряду с крайней необходимостью такого обстоятельства, как физическое или психическое принуждение; уточнение содержания конфискации имущества как вида административного наказания; исключение административного приостановления деятельности из перечня видов административных наказаний и отнесение его к мерам обеспечения производства по делам об административных правонарушениях, а также сокращение предельного срока применения административного приостановления деятельности; исключение возможности назначения нескольких административных наказаний при одновременном выявлении однородных правонарушений, ответственность за которые предусмотрена одной статьей Особенной части КоАП РФ; установление общего правила назначения гражданам административного наказания в виде предупреждения за впервые совершенные административные правонарушения, не являющиеся грубыми, при отсутствии отягчающих обстоятельств; уточнение сроков давности привлечения к административной ответственности с установлением максимального срока давности в два года (за исключением ряда случаев); закрепление возможности замены одного вида наказания на другой без нового рассмотрения дела по существу в случаях, когда исполнение назначенного наказания невозможно по объективным причинам; регулирование особенностей административной ответственности несовершеннолетних от 16 до 18 лет в специальной главе КоАП РФ; введение упрощенного механизма исполнения постановлений о назначении административных штрафов на суммы, не превышающие 10 тыс. руб., направляемых для принудительного исполнения в ФССП России в форме электронного документа, исключающего возбуждение исполнительного производства (в автоматическом режиме исключительно за счет денежных средств, находящихся на счетах должника в банке и иной кредитной организации); недопущение одновременного привлечения юрлица и его работника к административной ответственности за одни и те же действия (за исключением ряда случаев) и т. д.
Кроме того, в Концепции упоминается о необходимости обеспечения участникам производства по делу об административном правонарушении возможности получения информации о стадии производства по делу, о времени и месте составления протокола, рассмотрения и пересмотра дела или совершения отдельного действия по делу с использованием Интернета (при наличии у органа административной юрисдикции технической возможности). Также в документе содержатся концептуальные положения, касающиеся разграничения полномочий в области законодательства об административных правонарушениях, действия закона во времени, уточнения понятийного аппарата, расширения принципов административной ответственности и т. п.
Поскольку реформу КоАП РФ решено проводить синхронно с реформой контрольно-надзорной деятельности, новый кодекс планируется ввести в действие с 1 января 2021 года.
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1 С текстом Концепции нового Кодекса Российской Федерации об административных правонарушениях можно ознакомиться на официальном сайте Правительства РФ.
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