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Company / Laws

The maximum term of carrying out of administrative investigation

Legal advice 08.02.2019 at 14:01

Legal advice

Ministry of justice

Russia has posted a notice on the development of appropriate

bill. In the case of the adoption of the document by decision of the head

the parent body of the Prosecutor the term of the administrative

investigations into cases of illegal compensation on behalf of a legal entity can be

will be extended to 12 months. However, this possibility is offered

be provided only in cases of request for

legal assistance (article 29.1.1 of the administrative code). For these purposes, paragraph 5 of article 28.7 of the administrative offences code

, Russian Federation is planned to add a new section 5.

Recall

that, as a General rule, term of carrying out of administrative investigation

may not exceed one month from the date of initiation of proceedings about

an administrative offense (art. 1 part 5 of article 28.7 Cao RF). However,

there are a number of exceptions, in particular, the extension of terms

more than one month – by the decision of the head of the body, in the production

the case concerning an administrative offence, or its

Vice;

no more than six months – the decision

the head of higher customs body or his Deputy or

the head of the Federal Executive authority authorized in the

the field of customs, which is the case of

administrative offence, or his Deputy (sec. 2-3 paragraph 5 of article 28.7 Cao RF).

Public

discussion of the initiative will conclude on February 21. We will remind that since January 8,

this year, the organization can be fined for bribery in the interests of the

associated legal entities.