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Increased Fines for Offences under Sustainable Land Management Regulations

Amendments to the Code of the Russian Federation on Administrative Offenses introduced by Federal Law No. 46 dd. 08.03.2015 (“Amendments to the Code of the Russian Federation on Administrative Offences”) (hereinafter – the Law) will enter into force on the 20th of March, 2015. The law significantly increases fines for administrative offences under the national law surveillance.

Article 8.7. Failure to perform duties over land remediation, mandatory soil improvement and conservation.

Economic entity

Old version

New version

Citizens

1000 – 1500 roubles

20 000 -50 000 roubles

Officials

2 000 – 3 000 roubles

50 000 – 100 000 roubles

Legal entities

40 000 – 50 000 roubles

400 000 – 700 000 roubles

Thus, maximal amount of fines levied on citizens and officials has increased more than 30 times and the maximal amount levied on the legal entities has increased more than 14 times. 

In addition to it, Article 8.8 of the Code of the Russian Federation on Administrative Offenses has been amended. Currently it is Part 2 of Article 8.8 of the Code of the Russian Federation on Administrative Offenses (earlier the issues were regulated by Part 1.1 of Article 8.8 of the Code of the Russian Federation on Administrative Offenses) that establishes administrative liability for non-use of agricultural lands (that shall be managed pursuant to Federal Law No. 101- FZ dd. 24.07.2002 “Use of Agricultural Lands”) for the purposes of agricultural production or other activities related to agricultural production within the timeframe established by the Federal Law.

Administrative fines for improper use of agricultural lands are still calculated in the same way on the basis of the land cadastral value and the amounts of these fines have not changed. The fines levied on citizens is determines as 0.3-0.5% of the cadastral value but it shall not be less than 3 thousand roubles; for officials – 0.5-1.5% of the cadastral value but it shall not be less than 50 thousand roubles; for organizations – 2-10% but not less than 200 thousand roubles.  Article 19.5 of the Code of the Russian Federation on Administrative Offenses “failure to timely fulfill legal orders (regulation, directions, decisions) issued by the authority (officials) ensuring national surveillance (control), municipal control is supplemented with the following Parts 25 and 26:

“the failure to timely fulfill any instructions related inter alia to agricultural lands and issued either by the federal bodies ensuring national land surveillance or by their territorial administrations with the purpose to rectify violations of the land law shall entail either administrative fines (from ten to twenty thousand roubles for citizens  and from thirty to fifty thousand roubles for officials) or disqualification for up to three years; and from one hundred up to two hundred thousand roubles for legal entities).

In case the administrative offence covered by Part 25 of Article 19.5 of the Code of the Russian Federation on Administrative Offenses is repeated in the course of the year, the following administrative fines shall be levied on citizens: from 30 to 50 thousand roubles; on officials: from 70 to one hundred thousand roubles or disqualification up to three years; on legal entities: from two hundred thousand up to three hundred thousand roubles. Such significant fines shall force the economic entities to comply with the land law requirements, specifically those ones that regulate use of agricultural lands for the purposes of agricultural production, because it is especially important for substitution of imported plant products with domestic plant products. Effective land management is one of the most essential prerequisites to boost agricultural production. 

 

Mar 20, 2015

Categorys: State ground control