Judgment of the Constitutional Court of 17 January 2013 № 1-П on the review of constitutionality of provisions of part 5 of Article 19.8 of the Code of Administrative Offences in connection with the complaint of the LLC “Maslianky Khebopriemtyi Punkt”

Legal issue: the constitutionality of the norm establishing for legal entities a minimal fine of 300,000 RUR for the failure to submit information upon the request of antitrust authorities.

Ratio decidendi: the Court concluded that the contested rule was partially unconstitutional, having pointed out that such regulation did not exclude the transformation of the administrative fine from a preventive measure into an instrument of suppression of economic independence and initiative, a tool for excessive restriction of the freedom of entrepreneurship and of the right to property, and therefore did not conform to the Constitution and contradicts the general legal principle of justice. It does not enable to properly take into account the nature of the offence, as well as other significant circumstances of the case, and to ensure hereby the imposition of just and proportionate administrative punishment. Until necessary legislative amendments are made, the law-appliers may reduce the amount of fine below the existing minimal level.

Dissenting opinion:
  • The Judgment is accompanied by a dissenting opinion by Justice Kokotov, who believes that, in the lack of clear criteria in the Constitution and current legislation for reducing punishments below the minimal level, such reduction is fraught with violation of rights and freedoms of citizens and their associations, and entails serious risks of corruption.

Document (352.29 Kb)
Subject area:
Public Law administrative liability
Economic activities, finances antitrust