Наталья Ключевская
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В Госдуму внесен соответствующий законопроект, предусматривающий поправки в ст. 20.16 КоАП.
Документом1 предлагается увеличить действующие размеры санкций за незаконное осуществление частной охранной деятельности, установив их в сумме:
для граждан – 2,5-5 тыс. руб. (сейчас – 1,5-2,5 тыс. руб.);для должностных лиц – 5-10 тыс. руб. (в настоящее время 2-3 тыс. руб.);для юридических лиц – 30-60 тыс. руб. вместо действующих 20-30 тыс. руб.
Одновременно планируется ввести квалифицированный состав правонарушения в виде повторного незаконного осуществления частной охранной деятельности, предусмотрев повышенные меры ответственности за него. Причем санкции установлены не только виде штрафов, но и в виде альтернативных наказаний – обязательных работ на срок от 100 до 200 часов для граждан, административного приостановления деятельности на срок до 90 суток для организаций. В свою очередь, для должностных лиц предусмотрена дисквалификация на срок от шести месяцев до трех лет.
«Анализ правоприменительной практики показывает, что существующие механизмы для пресечения случаев осуществления незаконной частной охранной деятельности малоэффективны, что обусловлено рядом причин, связанных: с низкими размерами штрафов для физических, должностных и юридических лиц (размеры штрафов несоразмерны доходам, получаемым от незаконной частной охранной деятельности); с высокой латентностью данного вида правонарушения; с существенными ограничениями в реализации контрольно-надзорных полномочий органов государственного контроля (надзора)», – отмечается в пояснительной записке к законопроекту. При этом последствия незаконной частной охранной деятельности связаны с повышенной степенью общественной опасности и напрямую затрагивают конституционные права и свободы, а также иные права и законные интересы физических и юридических лиц.
Авторы инициативы считают, что предлагаемых поправок будет достаточно для создания дополнительных правовых средств по противодействию незаконной частной охранной деятельности. По мнению разработчиков, они будут способствовать минимизации возможных негативных последствий незаконной частной охранной деятельности.
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1 С текстом законопроекта № 804768-7 «О внесении изменений в Кодекс Российской Федерации об административных правонарушениях в части усиления ответственности за осуществление незаконной частной охранной деятельности» и материалами к нему можно ознакомиться на официальном сайте Госдумы.
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