Fine of 60 thousand lek for NGOs - Draft law: In case of non-declaration or false data, both businesses are sanctioned
Non-profit organizations that declare false data or fail to declare changes to data will be fined 60 thousand lekë. The Ministry of Justice has issued for public consultation the legal amendments, which according to the accompanying report address the issues identified by the Constitutional Court in a decision of 2023. Through this decision, this court has abolished the obligation of non-profit organizations to register, the competence of the chancellor to review other registrations, as well as administrative measures for violations under the law.
Regarding administrative measures, the Constitutional Court has found that the margin set at 0.1% to 1% does not meet the standards regarding the clarity of the legal norm regarding the meaning and calculation of fines on the declared annual income of non-profit organizations, making these penalties arbitrary by their nature.
Also, according to the CC, these provisions are unpredictable, as long as it is not clear how they will be applied in terms of determining the most minor or most serious violation, in the absence of other factors or criteria that could lead to any change in the amount of the fine. “On the other hand, even setting the fine at the minimum amount of 30,000 lek is considered, for the same reasons, as a disproportionate measure in relation to the aim sought to be achieved,” it further stated.
Meanwhile, according to the accompanying report drafted by the Ministry of Justice for determining the fine of 60 thousand lek, the administrative measure provided for by the law "On Business Registration" for the same violations, related to false declarations or their failure to declare, was taken into consideration.
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