Федеральный закон № 14 от 2016 года об административных нарушениях и санкциях в государственном секторе

⚠ Официальный перевод — юридически обязательной является арабская версия оригинала.

7 ст.

1. Статья 1

   Definitions For enforcing the provisions hereof, the following words and expressions shall have the meanings assigned thereto respectively, unless the context requires otherwise: State/ UAE : The United Arab Emirates.

   Federal Agencies : The ministries and other public organizations, authorities and federal government bodies.

   Administrative Regulations : The executive resolutions and regulations, codes and administrative control regulations issued by the Cabinet.

   Administrative Violation : : Any act or omission that may constitute a violation of the federal legislation applicable in the State.

   Administrative Penalties : Any administrative penalty prescribed under the provisions of Article (3) hereof.

   Establishment : Any enterprise or company which engages in any business, service,

   professional, labor, agriculture or other activity as well as the cooperative associations and civil society associations and organizations of public utility.

2. Статья 2

   Scope of Application The provisions hereof shall apply to the administrative violations, with the exception of administrative violations relevant to human resources in the federal government.

3. Статья 3

   Administrative Penalties The Cabinet may impose, within the provisions of the administrative regulations, one or more of the following administrative penalties on the persons or establishments committing the administrative violations:

   1. Serving a notice;

   2. Administrative fine of not less than (AED 100) UAE Dirhams One Hundred and not exceeding (AED 1,000,000) UAE Dirhams One Million;

   3. Imposing twice the value of the administrative fine in case of a repeated violation, provided that the fine does not exceed (AED 2,000,000) UAE Dirhams Two Million;

   4. Imposing the administrative attachment on the establishments and movable and immovable property of the violator which are the subject of the administrative violation, provided that the term of attachment does not exceed six months and renewable only once;

   5. Administrative closure of the administratively violating establishments for a term not exceeding six months and may be renewed for a further term. The unlicensed establishments may be permanently closed down;

   6. Revoking the licenses and approvals issued by the federal agencies to the persons or establishments committing the administrative violations or those responsible for same;

   7. Administrative banishment of the foreigner who commits the administrative violation; or

   8. The violator shall incur the expenses and costs of removing and rectifying the damage arising out of the violation if the violator fails to remove or remedy the same.

4. Статья 4

   Administrative Penalties Approval Controls The Cabinet shall approve the administrative penalties in accordance with the following controls:

   1. The administrative regulations shall include an express provision concerning the administrative violations and the administrative penalties thereof;

   2. The administrative regulations shall determine the federal agencies in charge of applying the administrative penalties and the procedures for the execution thereof;

   3. Such penalties shall be proportionate to the seriousness of the administrative violations;

   4. The administrative regulations shall determine the dates, procedures and conditions of complaints about the administrative penalties; and

   5. The administrative regulations that include the administrative violations and penalties shall be published in the Official Gazette.

5. Статья 5

   General Provisions The application of administrative penalties shall not prejudice any more severe administrative penalty provided for in any other legislation or the criminal, civil or disciplinary liability of the persons and establishments committing the administrative violations or being responsible for the same.

6. Статья 6

   Repeals hereby repealed. Moreover, any provision conflicting with or repugnant to the provisions hereof is hereby repealed.

7. Статья 7

   Publication and Entry into Force This Law shall be published in the Official Gazette and shall enter into force as of the day following the publication date hereof.

   Khalifa bin Zayed Al Nahyan President of the United Arab Emirates

   Issued by us in the Presidential Palace in Abu Dhabi On: 15 Muharram 1438 AH. Corresponding to: 16 October 2016 AD.