Administrative responsibility of the manager

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Administrative liability of officials is regulated by the Code of Administrative Offenses of the Russian Federation, Article 2.4 .

For what reasons can a company director be brought to administrative responsibility (the list is not complete, but according to statistics, these are the most common reasons for imposing fines):

late filing of tax returns;

failure to comply with accounting cell phone database requirements;

sale of goods without markings;

delays in paying salaries to employees; salaries below the minimum wage;

obtaining and using personal data without the consent of site users; consumer fraud;

conducting business activities without a special permit or license;

refusal to execute an employment contract;

lack of special assessment of labor, as well as personal protective equipment for workers;

incorrect handling of cash and cash registers; sale of goods without using an online cash register;

hiring foreign citizens without work permits.

The director may be held administratively liable by state supervisory authorities:

tax;

labor inspection;

Rospotrebnadzor;

police.

Types of punishment for administrative violations:

The punishment will depend on the severity of the offense:

fines ranging from 5,000 to 50,000 rubles, and in the case of a repeat offense, the amount may be doubled;

disqualification of the director or a ban on holding management positions for up to 3 years.

Liability of the Nominee Director

How the process works:

If an offense becomes known, employees of the relevant authorities are required to conduct an investigation and draw up a report.

This protocol is sent to the head of the company or to the court, which issues a ruling on the fine.

The director is required to pay this fine within 30 days.

If the fine is not paid, the case is transferred to bailiffs, who can collect it by force. In addition, the manager can be fined again - this time for evading punishment.

If the fine was particularly large or the offense was more serious, the director may be arrested or receive a punishment in the form of community service (up to 50 hours).

How to protect yourself:

Take personal control over key aspects of the organization (check documents being signed, ensure deadlines are met).

Introduce mandatory internal audits (they are necessary when the number of employees of a company increases, branches appear and it becomes more difficult to monitor the work of the company).

Transfer some of the work tasks to outsourcing, carefully write out all the points of the contract so that in case of violations, the fine will have to be paid by the performers.

Keep up with changes in legislation, and consult with lawyers more often if controversial issues arise.

The statute of limitations for administrative violations depends on the type of violation and can range from 1 year to 6 years (for corruption violations).