PRESIDIUM OF THE COURT CLARIFIED PECULARITIES OF APPLICATION OF ARTICLE 14.13 OF THE CODE OF ADMINISTRATIVE OFFENCES OF RUSSIAN FEDERATION

The Presidium of the Arbitration Court of the North Caucasian District prepared recommendations that were made during the meeting of the Scientific Advisory Council. They included issues of arbitration practice, including the point concerning bringing the manager to administrative responsibility when he commits illegal actions in bankruptcy.

The clarifications are related to the Article 14.13 of the Code of Administrative Offences of the Russian Federation, which establishes the responsibility of the manager for failure to fulfill the obligations established by law in the bankruptcy case (part 3), as well as for the repeated commission of the specified act (part 3.1).

The Presidium explained that when applying the aforementioned norms, the courts do not have the right to change the administrative punishment in the direction of its mitigation in the situation of detecting a recurrence of the offense. This is due to the fact that in this case, repetition is a qualifying feature, upon detection of which paragraph 3.1 of the norm of the law is subject to application, and within the framework of the sanction of this part of the article the courts should apply punishment.

At the same time, when making a decision, the judge has the right, to reduce or, on the contrary, to impose the maximum penalty, taking into account the specific circumstances of the case and the personality of the debtor, but this can be done only within the limits of the sanction of the specified paragraph of the article.