Supreme Court: Not all administrative offenses can be considered insignificant / The “Lawyers’ Gazette”
As the Court has explained, it is impossible to treat as insignificant an offense that is committed in the field of fire safety and directly poses a threat to life and health.
According to one of the experts of “Lawyers’ Gazette”, the conclusion of the Supreme Сourt is controversial, since the assessment of whether or not a matter is insignificant depends on an assessment of the facts of the case and falls within the remit of the lower courts. Another expert noted that the lower court proceeded from the position of a supportive and appropriate attitude to the organization involved and of the fact that the offense entailed no consequences. However, the Supreme Court took the view that administrative and legal protection deserved priority taking into consideration the possible threats to the life and health of people, and that the organization should thus face liability. The third expert is convinced that in the case at hand, the Supreme Court has no power to re-assess the conclusions of the lower court because the cassation court must not re-assess the factual circumstances.
Artyom Berlin, a Senior Associate at Borenius Russia, shared his point of view with the “Lawyers’ Gazette” legal newspaper on what the circumstances are that characterize an offense as insignificant.