Violators of SORM requirements will receive turnover fines

[tanjimajuha20]

Offenses with parts 3 and 4, establishing administrative liability for failure by a communications operator to fulfill the obligation to ensure the implementation of SORM requirements in the form of a turnover fine from the amount of revenue from the provision of communications services of the relevant type of licensed activity, during the provision of which an administrative offense was committed, received on the territory of the subject of the Russian Federation argentina mobile number database where the offense was identified, for the calendar year preceding the year in which the administrative offense related to the failure by communications operators to fulfill the obligation to ensure the implementation of SORM requirements was identified," the explanatory note to the document says.

It is proposed to establish a fine in the amount of 0.001% to 0.003% of the company's turnover for the year preceding the reporting year, but not less than 1 million rubles. According to current regulations, the fine is 300-500 thousand rubles. For a repeated violation, the new regulation proposes to fine in the amount of 0.01% to 0.03% of turnover (currently - 2-6 million rubles). If adopted, this law will come into force on January 1, 2024.

According to the developers, evasion of the obligation to implement the requirements of SORM, in whole or in part, is a fairly common phenomenon. At the same time, courts often decide to impose a penalty in the form of an administrative fine in an amount less than the minimum for individual entrepreneurs or small and medium-sized businesses, and also when violations related to the implementation of SORM requirements are simultaneously identified under several licenses, the offender is held liable as for committing one administrative offense.

"The introduction of amendments to the federal law (Article 13.46 of the Code of Administrative Offenses of the Russian Federation) is related to the fact that not all telecom operators ensure the implementation of SORM requirements, and some do not ensure them at all. The introduction of turnover fines, according to the legislators, should stimulate operators to comply with SORM requirements in full," says independent expert in IT and telecom Vadim Plessky.