Елена Самтынова
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Федеральным законом № 442-ФЗ от 16 декабря 2019 г. внесено дополнение в ст. 17.15 КоАП, которое предусматривает административную ответственность за повторное неисполнение должником требований неимущественного характера в части:
обеспечения пожарной безопасности; промышленной безопасности или безопасности гидротехнических сооружений; соблюдения требований в области строительства и применения строительных материалов (изделий), реконструкции, капитального ремонта объекта капитального строительства или ввода его в эксплуатацию; обеспечения санитарно-эпидемиологического благополучия населения.
Наказания за такие правонарушения предусмотрены в случае, если требования исполнительного документа не выполнены в срок, который уже был установлен судебным приставом после вынесения постановления о наложении на должника административного штрафа за нарушение норм безопасности в указанных сферах. При этом факт оплаты или неуплаты штрафа за первичное нарушение не будет влиять на состав самостоятельного правонарушения, где обстоятельством, определяющим наличие его признаков, является бездействие должника, который не обеспечил безопасность в оговоренных ситуациях в специально установленный судебным приставом срок, то есть проигнорировал законное требование представителя органа государственной власти.
За указанные правонарушения предусмотрены следующие виды наказаний:
для физлиц – штраф от 200 тыс. до 500 тыс. руб.; для ИП – штраф от 200 тыс. до 500 тыс. руб. либо приостановление деятельности на срок до 90 суток; для юрлиц – от 1 млн до 3 млн руб. или приостановление деятельности на срок до 90 суток.
Уполномоченными лицами по составлению протоколов о совершении данных правонарушений являются судебные приставы, разрешение таких дел возложено на судей соответствующих судов. Принятый закон, по замыслу законодателей, будет способствовать предупреждению случаев неисполнения названных требований неимущественного характера и направлен на снижение вероятности причинения вреда жизни и здоровью граждан. Внесенные в ст. 17.15 КоАП РФ изменения вступят в силу с 27 декабря этого года.
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