A bill has been submitted to the State Duma of the Russian Federation for consideration, which establishes in the Code of Administrative Offenses liability for an offense related to the commission by an individual in the interests of a legal entity of transactions or financial transactions with property obtained by criminal means.
An individual who has committed such an act will be understood as:
- authorized on behalf of the legal entity to perform these actions;
- holding a position in the management bodies of a legal entity;
- the beneficial owner of the legal entity.
For such an offense, it is planned to establish a fine in the amount of up to three times the amount of money, the value of property, which has become the subject of an administrative offense, with the possible confiscation of such property, or the suspension of the activity of a legal entity for up to 30 days.
The document provides for cases when property acquired by crime is not possible to confiscate. So, in particular:
- if it is attached to the common property of a legal entity, obtained by legal means, then only that part of the property that corresponds to the value of the property acquired at its expense will be subject to confiscation;
- if it is used or sold, then, by a court decision, the amount of money corresponding to such property is subject to seizure;
- if a legal entity does not have enough funds to cover the value of property acquired by criminal means, another item comparable in value to such property is subject to confiscation.
A legal entity can be released from administrative responsibility if it contributed to the identification of the offense and the investigation. The planned measures will be applied in relation to Russian and foreign legal entities located outside Russia in the event that they commit an administrative offense against the interests of the Russian Federation.
