Полуденный комментарий от сообщества «АПРИОРИ | юридическая служба»

Сегодня вступили в силу изменения в КоАП РФ

В соответствии с Федеральным законом от 30.12.2020 № 513-ФЗ с 15 января 2021 года:

 Вводится административная ответственность за клевету

В КоАП РФ введена новая статья 5.61.1 – клевета, то есть распространение заведомо ложных сведений, порочащих честь и достоинство другого лица или подрывающих его репутацию.
Действие этой статьи касается юридических лиц и влечёт наложение административного штрафа на юридическое лицо в размере от 500 тыс. до 3 млн рублей.

 Уточняются правила об административной ответственности за оскорбление (статья 5.61 КоАП РФ)

Оскорбление может быть выражено не только в неприличной, но и в «иной противоречащей общепринятым нормам морали и нравственности» форме.
Так, предусматривается административная ответственность за оскорбление, совершенное публично с использованием информационно-телекоммуникационных сетей, включая Интернет, или в отношении нескольких лиц, в том числе индивидуально не определенных. Указанное правонарушение влечет наложение административного штрафа на граждан в размере от 5 тыс. до 10 тыс. рублей; на должностных лиц — от 50 тыс. до 100 тыс. рублей; на юридических лиц — от 200 тыс. до 700 тыс. рублей.

Также устанавливается административная ответственность за непринятие мер к недопущению оскорбления в информационно-телекоммуникационных сетях, включая Интернет. В этом случае размер административного штрафа составит для должностных лиц — от 30 тыс. до 50 тыс. рублей; для юридических лиц — от 50 тыс. до 100 тыс. рублей.

Повышенные меры административной ответственности предусмотрены за оскорбление, совершенное лицом, замещающим государственную или муниципальную должность либо должность государственной гражданской или муниципальной службы, в связи с осуществлением своих полномочий (должностных обязанностей). Для указанной категории лиц предусматривается штраф в размере от 50 тыс. до 100 тыс. рублей либо дисквалификация на срок до одного года. В случае повторного совершения указанного правонарушения размер штрафа составит от 100 тыс. до 150 тыс. рублей (вместо штрафа возможна дисквалификация на срок до 2 лет).

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