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On 22 July 2021, the Constitutional Court of the Russian Federation published Judgement No. 39-П/2021 adopted in accordance with Article 47.1 of the Federal Constitutional Law “On the Constitutional Court of the Russian Federation”
On 22 July 2021, the Constitutional Court of the Russian Federation excluded unjustified bringing to administrative liability of entrepreneurs in the sphere of ensuring transport security.

The case on the review of constitutionality of Article 2.1, part 2; Article 2.2, part 2, Article 4.5, part 1; and Article 11.152 of the Code of the Russian Federation on Administrative Offences (CAO) was considered in connection with complaint of limited liability company (OOO) “Vostokflot”. The Judgement ​is based on the previously expressed legal positions of the Court.

 

Factual Background

From May 2017 to August 2018 OOO “Vostokflot” in accordance with the Decree of the Government of the Russian Federation of 16 July 2016 No. 678 three times unsuccessfully attempted to obtain approval of the updated plans of transport security of five ships belonging to it from the Federal Agency for Maritime and River Transport (Rosmorrechflot). On 1 October 2018 the supervisory transport authority brought the OOO to administrative liability for violation of the order of development of transport security plans of the objects of transport infrastructure and transport vehicles made out of negligence. The fine amounted to 50 thousand roubles. The moment of violation was established as 1 August 2018, i.e. on the date of receipt by Rosmorrrechflot of the documents (plans) submitted by the OOO Vostokflot for approval for the third time. The courts approved lawfulness of imposition of the fine. According to the applicant, the challenged provisions of the CAO allow arbitrary establishment of objective element of administrative offence, do not describe the negligent form of guilt of the legal person and allow for bringing to administrative liability outside the limitation period.

 

Position of the Court

Assessment of vulnerability of the objects of transport infrastructure and transport vehicles, and development of plans of ensuring transport security by legal persons must be conducted in a timely manner with observance of all requirements established by the legislative acts and bylaws. Violation (improper observance or non-observance) of at least one of these requirements disclose objective element of administrative offence committed by the legal person. Another understanding of administrative liability would create possibility of violating legal requirements with impunity.

At that, bringing legal persons to administrative liability for this offence committed out of negligence is possible only where there is no intention for offence from the part of its officials (employees) responsible for conducing assessment of vulnerability of transport vehicles and development of plans, while the legal person itself did not take all the measures depending on it to observe the established orders.

Limitation period to bring to administrative liability for this administrative offence must be calculated: if results of conducted vulnerability assessment or developed plans were not presented within established time-limits – from the date when such time-limits expired; if there was a refusal to approve relevant results or plans issued after the time-limits for their presentation for approval expired – from the date of taking a decision on such refusal.

Decisions in the case of OOO Vostokflot must be reviewed.

 

Press service of the Constitutional Court of the Russian Federation
22 July 2021



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