The Federal Antimonopoly Service explained the procedure for applying certain provisions of the Code of Administrative Offences of the Russian Federation
The letter, prepared by specialists of the Federal Antimonopoly Service of Russia, notes that the provisions of Part 3.1 and Part 3.2 of Article 28.1 of the Code of Administrative Offences of the Russian Federation, which establish the specifics of considering cases of offenses expressed in non-compliance with mandatory requirements, the assessment of compliance with which is the subject of state control (supervision), municipal control, do not apply to cases of initiation of cases about administrative offenses, identified during the implementation of state control in the field of procurement under Laws No. 44-FZ and 223-FZ.
In addition, the letter emphasizes that since the scope of the state defense order is particularly important for the state, this is an exceptional condition when applying the provisions of the Code of Administrative Offenses of the Russian Federation on replacing a fine with a warning (Article 4.1.1) when imposing punishment for offenses provided for in Article 14.49, Article 14.55, Article 14.55.2 of the Code of Administrative Offenses of the Russian Federation.
Document: Letter from the Federal Antimonopoly Service of Russia dated June 17, 2024 N МШ/52068/24.
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