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Ekaterina Dmitrikova, Consuel of Iusland, took part in the panel discussion “Investments instead of fines: how to ensure compliance with mandatory requirements?” XI St. Petersburg International Legal Forum

23.05.2023

Ekaterina Dmitrikova, Associate Professor at the Department of Administrative and Financial Law at St Petersburg University, Director of the Interdisciplinary Center for Control and Supervision Research at St Petersburg University, PhD in Law, Counsel at Iusland, took part in the discussion Investments instead of fines: how to ensure compliance with mandatory requirements? within the framework of which they discussed the initiative of the Ministry of Economy of Russia to conclude an agreement with the participation of the regulatory body and controlled persons, which will allow not to suspend the activities of organizations, create conditions for eliminating violations of mandatory requirements.

The participants in the discussion exchanged views on the issues of achieving the preventive goal of administrative penalties, mitigating administrative responsibility under the current legislation on administrative offenses, and encouraging conscientious behavior of controlled persons. In her comment, Ekaterina drew attention to the fact that the proposed model can be considered not only in relation to business, but also to those controlled entities whose activities are financed from the budget.

For this category of organizations, proper compliance with mandatory requirements depends on budgetary funding. Insufficient funding is often the reason for non-compliance with mandatory requirements. In addition, the fulfillment of prescriptions is associated with the need to comply with the legislation on public procurement, therefore, violation of the deadlines does not always indicate the dishonesty of the controlled person. If for business, the proposed model allows using the freed up resources to ensure compliance with mandatory requirements, while simultaneously investing in the development of the company, then in the case of budgetary organizations operating in the field of education, healthcare, culture, budget funds will be directed to the implementation of those goals for the implementation of which organizations were created.

See the full version of the discussion at the link https://legalforum.info

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