The Federal Antimonopoly Service told about the procedure for replacing the fine with a warning in case of prosecution for violations by the customer of the requirements of Federal Law No. 44
Experts of the antimonopoly department in their letter, in particular, noted that when considering the possibility of replacing an administrative fine with a warning, other offenses committed earlier by a person, including those that are not homogeneous with respect to the one under consideration, including those committed outside the time limits established by article 4.6 of the Code of Administrative Offenses of the Russian Federation, should be taken into account. At the same time, offenses committed solely in connection with non-performance or improper performance of official duties by a person are taken into account (Article 2.4 of the Code of Administrative Offenses of the Russian Federation).
Also, representatives of the Federal Antimonopoly Service of Russia recalled that when executing decisions on cases of administrative offenses identified during control in the field of procurement, the provisions of the Code of Administrative Offenses of the Russian Federation are subject to application, providing for the possibility of reducing the amount of the fine subject to its timely payment (parts 1.3-3 of Article 32.2 of the Code of Administrative Offenses of the Russian Federation offenses).
Document: Letter of the Federal Antimonopoly Service of Russia dated April 4, 2023 N МШ/24867/23