A big difference that is fined: a legal entity or organization. Recommendations for enterprises

Administrative responsibility is imposed not only on legal entities (enterprises, organizations, institutions), but also on their official representatives.

Typically, in this way the various supposed employers are punishable in relation to their employees.

The reasons for the punishment of managers are different themselves.

For example, a fine may be imposed for incorrect management of labor books or their absence, for infringement of the rights of workers, for unlawful dismissal from the workplace or on a vacant place. For each violation in the Code of Administrative Violations, its punishment and measures are provided.

Under officials should be understood by workers who hold senior posts and endowed with temporarily or on a permanent basis with powerful and administrative powers (according to article 2.4).

There are various economic, financial, economic, organizational and administrative issues related to the activities of the organization or enterprise, as well as subordinate to employees or employees.

In the Criminal Code, the definition of officials is somewhat already. These include managers of state and municipal institutions, commander of power structures and military units.

The crimes of the mentioned citizens are given a separate article of the Code (30th chapter).

Criminal liability, as one of the types of legal liability, are subject to executives who have admitted special violations listed in the Criminal Code. In most cases, they are applied only administrative sanctions and fines.

If we summarize all legislative norms, to persons occupying a high job position should be attributed to:

leaders of state or municipal institutions and organizations;
leaders of power departments, structures and divisions;
leaders of military units (commanders);
leaders of civil and commercial enterprises and organizations;
low-level employees holding key positions with administrative, organizational, administrative and economic functions (for example, to officials can be attributed to the head of one workshop);
persons employed entrepreneurial activities (entrepreneurs are also taken into account, not registered as a legal entity according to notice to article COAP Number 16.1).

Despite the objections from entrepreneurs the concept of transformation into legal entities (even without relevant registration) will develop. Thus, in the COAP article number 7.34, it is directly indicated that, entrepreneurs are responsible for violations in reissuing the rights of use of land (plot), along with other legal entities.

Responsibility for legislation

Of the 442 articles of the Codex, the responsibility for persons engaged in high official posts is indicated in 330 legislative, that is, approximately 75% of the CCAM (in its main part) refers to violations committed by the leaders of different levels.

Violations are usually associated with the participation of these persons in the entrepreneurial, administrative or economic activity of various legal entities:

Heads encroach on the rights of workers or citizens depending on their activities. Such violations are reflected in the fifth chapter of the COAP (50 articles from 55).
Admit violations in the field of private or state ownership. This is devoted to the Seventh Head of Code (29 articles from 33).
Violate the rules for the use of natural resources and roughly populate the protection of the natural environment. The list of punishment for this type of disorders can be found in the eighth chapter of the Code (38 articles from 41).
Admit violations in industrial activities, construction of facilities, in energy use. Responsibility for such violators is indicated in the ninth chapter of the Code (14 of 14 articles).
Violate the rules of agricultural and veterinary activities. It is incorrectly carried out and controls land aelication. This violation is devoted to the tenth chapter of the Code (also 14 articles from 14).
Admit violations in the field of communication and information technology. The list of punishments for this category of managers can be seen in the Thirteenth Chapter of the Code (23 articles from 24) are devoted to this topic.
Violate the rules business activities. Such violations are displayed in the fourteenth chapter of the Codex (32 articles of 32).
Allow violations in the sphere of turnover of securities, as well as in the financial and tax sphere. This is quite gross violations to which, for example, applies to evasion from timely payment of tax amounts for employees of an enterprise or organization. The list of punishments can be seen in the fifteenth chapter of the Code (27 articles from 28).

Violations in the customs sphere are also sufficiently common in our country.

The sixteenth head of the Code (21 article out of 23) is devoted to this topic.

For persons encroaching on state institutions, fixed in the seventeenth chapter of the Code (10 of 15 articles).

Disorders in the field of management are displayed in the nineteenth chapter of the Code (19 out of 27 articles).

Violations in the field of military accounting of citizens were recorded in the twenty-first chapter of the Code (4 of the 7th Articles).

In addition to the provisions of the Code of Administrative Offenses, many subjects of the Federation have consolidated at the legislative level and other violations requiring administrative punishment. All of them are associated with a gross violation of the rights and freedoms of workers, non-compliance with local regulations and existing labor laws.

It should be noted that the use of punishment to a physical person (organization or enterprise that admissible violations) does not exclude the punishment and guilty officials.

Order and timing of attraction

The violation is fixed by the inspection bodies (for example, an employment inspector) in a special protocol.

It is from the compilation of such a protocol begins to investigate all the circumstances of the violation. The auditory body collects and carefully examines all the evidence of guilt, analyzes them for attracting responsibility, and also establishes the limits of punishment.

Then the finished protocol together with documents confirming or disproving the fact of the violation is sent to the verifier body. This can be both the prosecutor's office and the labor inspection. Also cases about administrative disorders are considered by some government agencies and officials authorized for such actions.

special commissions with all powers to investigate and appoint punishment;
settlements or rural councils (their executive committees);
courts (urban or district), as well as judges;
representatives of the Ministry of the Interior;
state inspectors;
representatives of various supervisory authorities (for example, a fire or sanitary service).

To consider the case, the violator itself is usually invited or its authorized representative.

A lawyer may also be present, various experts, witnesses, victims.

The authorized body or person considers all the circumstances and takes the final decision. At this stage, there are often cases of removing all accusations and termination of the case. If a executive It is recognized as guilty to it apply administrative sanctions established by legislation for a specific type of violations.

Having considered the question, we came to the following conclusion:

Responsibility for payment administrative fine Is entrusted with law on the violator. Payment of such a fine by the head of the organization at the expense of the organization may entail criminal liability.

Rationale of output:

In accordance with the Code of Administrative Offenses of the Russian Federation, an administrative offense is recognized as an unlawful, guilty effect (inaction) of a physical or legal person, for which the legislation establishes administrative responsibility.

According to the Administrative Code, an official is subject to administrative responsibility If they commit administrative offense in connection with the non-fulfillment or inappropriate performance of their official duties. In a note to the title, the concept of "official" is revealed. It follows that the heads of organizations who committed administrative offenses in connection with the implementation of organizational and administrative or administrative and economic functions are administrative responsibility as officials.

Administrative punishment, including an administrative penalty, is a state of responsibility for committing an administrative offense established by the state and applies to prevent the commission of new offenses both by the offender himself and other persons (, COAP of the Russian Federation). An administrative penalty is pronounced in rubles monetary recovery (Administrative Code of the Russian Federation).

In force of the Code of Administrative Offenses of the Russian Federation, attracting the administrative responsibility of an official (organizer of the organization) is not equivalent to attracting an organization to the administrative responsibility, which he heads. An administrative penalty imposed on the official of the organization (legal entity) cannot be considered as a fine imposed on entity.

According to the Administrative Code of the Russian Federation, an administrative penalty must be paid by the person involved in administrative responsibility. The amount of the administrative fine is submitted or translated by a person involved in administrative responsibility (COAP of the Russian Federation).

In other words, the penalty must be paid by the Director at the expense of its own funds. Otherwise, the punishment will not reach its goal.

In the case of issuing a certificate of money under the report to pay an administrative penalty imposed on him, a fine will not be paid at the expense of own funds of the head, but at the expense of the organization's funds.

According to judicial bodiesThe essence of administrative punishment, like any other punishment, is expressed in the offensive for the guilty person of any negative consequences, in this case, material deprivities, financial costs. Therefore, an administrative penalty should be paid by the person involved in administrative responsibility, at the expense of own funds (the sentence of Krasnobakovsky district Court Nizhny Novgorod region dated 25.10.2012 in case No. 1-45 / 2012, Resolution of the Shakhovsky District Court (Moscow Region) dated 21.0.2013 * (1), the verdict of the Uzlovsky City Court of the Tula Region dated November 16, 2012, the sentence of the Sterlitamak district court from 11.04. 2013 in case No. 1-20 / 2013 * (1), the cassation definition of SC in criminal cases of the Altai Regional Court dated January 19, 2012; Generalization judicial practice In criminal cases of abuse of official authority and exceeding official authority (and the Criminal Code of the Russian Federation), considered by the courts of the Astrakhan region in 2007 - the first half of 2008 (Astrakhan, August 15, 2008)).

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* (1) Watch judicial acts on the site: http://sudact.ru/.

According to statistics, the most common type of administrative punishment is an administrative penalty that is established by the Code Russian Federation On administrative offenses (hereinafter referred to as the Administrative Code of the Russian Federation). An administrative penalty is an administrative punishment of a property character and has a monetary form, which is expressed in recovery from the violator to the budget revenue of a certain amount of funds. An administrative penalty is provided as a punishment in most articles of the special part of the Code of Administrative Code. Subjects of administrative responsibility The subject of administrative responsibility is a person who has committed an offense and subject to administrative punishment on this basis. Active administrative legislation Sets two groups of subjects of administrative responsibility: individuals and legal entities (organizations).

It should be remembered that it is possible to attract responsibility during the period established by the law (usually a period of limitations is two months). The fact that you as a manager were brought to justice on time, does not give the right to punish the organization outside the two-month period, and in this case can we talk about the liberation of the company from responsibility. For example, the Tax Inspectorate issued a decision on the imposition of a fine (30 thousand.
Rub.) For the non-use of the cash register, but later the court canceled this ruling. The fact is that the protocol on the administrative offense was drawn up with respect to the head of the company, and the tax authorities wanted to attract the organization.

Laying an administrative penalty

I will give an example. At the enterprise when working on a line under voltage, an accident occurred. The representative of the Labor Inspectorate found that the administration of the enterprise violated Article 228 of the Labor Code, namely, did not save the situation in immunity in the form in which it was at the time of an accident. For this, the company's head has the right to finf by 15 thousand.

rub., and an enterprise 3050 thousand rubles.

Attention

But the administrative offense protocol was compiled only to the director. During the conversation with the inspector, the director explained that it was he ordered to continue the work, since otherwise the work schedule breaking the unfavorable consequences (disabling the power supply of consumers). At the same time, the director traced that the situation was as preserved as much as possible.

The inspector satisfied the explanation of the director, and he did not finish the company.

Penalty

Violation of the rules of working with cash all the free money of the enterprise is obliged to keep in banks. In addition, you as a head of the enterprise are responsible for the implementation of a number of requirements for the equipment of the enterprise's cash register: it must be in an isolated room, and money can be stored only in a safe, screwed to walls or semi. Also, the state regulates cash settlements between legal entities.
The buyer (legal entity) is not entitled to pay you in cash if the amount of the transaction is above one agreement exceeds 100 thousand rubles. (Indication of the Central Bank of the Russian Federation of 20.06.2007 No. 1843-y). For violation of the rules for working with cash, impressive fines are provided. For legal entities from 40 thousand to 50 thousand, and for officials from 4 thousand.
up to 5 thousand rubles. (Art. 15.1 of the Administrative Code of the Russian Federation).

When does an official carry administrative responsibility?

Since we did not have such, then with us amounted to a protocol only on legal entity. The official will be separated separately and send by mail. Each one is a bad thing: fines will also be 2 for each offense - and on a legal entity and on an official.

For my question why? Answer: that they say they make them make the prosecutor's office. News number 3: I'm certainly not a lawyer and I do not follow the exchange of codes, but - on March 31, we went to the COAMA, in which the amount of fines were increased by an order of magnitude! For example, for the absence of a license for subsoil use to legal entities, a fine of 300 to 500 thousand may be imposed on an official for the same violation. , 00 rubles. In the month and per and dependent there is a wife and child.

December 25, 2013, 15:11 Nadezhda, Kazan Clarification of the Client to an official already discharged a fine of 20,000.00 rubles.

What threatens the administrative penalty to the official, physical face?

Info

If this article will be attracted to an administrative responsibility of an individual entrepreneur, he will be appointed punishment, in size, which are provided for an official - from four thousand to five thousand rubles with confiscation of manufactured products. The imposition of an administrative fine on the legal entity Article 2.10. Administrative Code provides for the administrative responsibility of legal entities.

Section II (special part) of the Code contains the composition of administrative offenses, only legal entities are responsible for the commission (clause 1 of Art. 2.10. Administrative Code of the Russian Federation). For example, Chapter 6, as well as relating to the Section II of the Codex, contains a list of offenses encroaching on the health of citizens and their sanitary and epidemiological well-being.

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An example from judicial practice in the field of health care The chief doctor of one of the municipal budget health care institutions was fined the exploitation of an X-ray Cabinet without a sanitary and epidemiological opinion on compliance of working conditions when working on a fluorograf, as required by paragraph 2.5 Sanpin 2.6.1.1192-03 "Hygienic requirements To the device and operation of X-ray cabinets, devices and conducting radiological studies. " The court found that according to the employment contract, the official instructions of the Chief Doctor, it was the responsibility of the chief physician to receive in the relevant authorities of the sanitary and epidemiological conclusion on the compliance of working conditions when working on radiographic equipment.

Legal resources
Collections of materials
Penalty

A selection of the most important documents on request a fine on a job officer ( regulations, forms, articles, expert advice and much more). Regulations: Fine on the official "Code of the Russian Federation on Administrative Offenses" of December 30, 2001 No. 195-FZ (ed. From 03/03/2018) Article 2.4. Administrative responsibility of the officials of the article, comments, answers to questions: a penalty for an official guide to corporate procedures.

The procedure for holding an extraordinary general meeting of participants of a limited liability company Violation of the procedure for preparing the general meeting of participants of LLC leads to the attraction of officials to the administrative responsibility - from 20 to 30 thousand rubles; on legal entities - from 500 to 700 thousand rubles. (h.

What are fraught with fines for an official

Along with officials for committing an administrative offense in connection with the implementation of organizational and administrative or administrative and economic functions, the leaders and other employees of other (private) organizations, arbitration managers also carry administrative responsibility. In addition, this article contains a list of persons whose service function provides administrative responsibility as officials for committing certain types of offenses provided for by the Administrative Code of the Russian Federation. This category includes, in particular, persons carrying out the functions of a member of the Commission for the implementation of the procurement of goods, works, services to ensure state and municipal needs, Contract managers, contract service worker and some others.
At the same time, it should carry out organizational and administrative or administrative and economic functions in the organization. The task of a lawyer is to prove that the company has done everything to comply with the legislation. Then they will punish only this official. For example, one trading company was fined 30 thousand rubles. For the fact that the buyer was not issued a check. However, the court overturned a fine, indicating that the company did everything possible so that the seller would knock the check (acquired the cash register, registered it, acquainted the seller with the job register, which states his duties to knock out checks). As evidence, removing guilt from a legal entity may appear:

job descriptions in which the duties of the employee and his responsibility are painted in detail;
signature of the employee (in the employment contract, a separate journal, etc.

Important

COAP RF). Disqualification of the penalties provided for the company's head, the use of this measure means that it is deprived of the right to hold a leadership position for a certain period. The minimum period of disqualification is six months, the maximum three years (Article 3.11 of the Administrative Code of the Russian Federation). To disqualify the Director-General can, for example, for the re-delay of wage payment, for a disassembled violation of fire safety standards, for the dissemination of false information about the competitor.

The suspension of the activity is a measure providing for the temporary termination of the Company's work, its branches, representative offices, as well as structural divisions. As a rule, this sanction affects the manufacturing enterprise. The maximum term is 90 days (Article 3.12 of the Administrative Code of the Russian Federation).

if the administrative offense was performed for the first time;
if the administrative offense was revealed during the implementation state control (supervision), municipal control;
the replacement of administrative punishment can be carried out in the absence of harm or the occurrence of the threat of causing harm and health of people, objects of animal and plant world, environment, ... .., as well as in the absence of property damage.

This provision applies not only to legal entities and individual entrepreneurs attributed to the indicated category of persons, but also on managers and other employees of these legal entities who have committed administrative offenses in connection with the implementation of organizational and administrative or administrative - economic functions (part 3 of Article 1.4 of the Administrative Code RF).

December 2013, 15:20 There is a question for a lawyer? Attach the decision to attract administrative responsibility. Transferring responsibility from a legal entity or immediately and an official and a company and an individual. All in the hands of the FMS employee of the Creative Protocol and the Resolution on bringing to responsibility. Legal exit from this "failed" chapter 18 of the COAP - does not exist. (To date) you have only one way out. Trying to negotiate with FMS employees who prepare the Protocol and make a ruling against your company. In any case, lead with them negotiations. h. 3 tbsp.

Administrative penalty on official and legal
Penalties for violations of labor legislation requirements is significantly increased
Delimitation of the responsibility of a legal entity and official
What needs to be done to impose a fine to an official?
Administrative responsibility: an official or legal entity?
Give a check list
Penalty
Responsibility IP to FMS
Transfer of responsibility from a legal entity

An administrative penalty for an official and a legal issue is a burning problem, because fines for an official (director) and a legal entity (organization) are distinguished by at least 10 times.

Laying an administrative penalty

The imposition of an administrative fine is accompanied when checking the supervision bodies and assistance in preparing for inspections Complex documentary support of a medical organization when conducting an audit authorities: counseling (written, oral), the design of the entire complex necessary documents According to appeal, the development of an explanation in the case of an administrative offense. Subjects of administrative responsibility The current administrative legislation establishes two groups of subjects of administrative responsibility: individuals and legal entities (organizations) administrative responsibility: an official or legal entity? To answer your question, contact the Code of the Russian Federation on administrative offenses. Part 1 of Article 2.1. Code explains the basic concept - an administrative offense, and part 2 and 3 of this article respond to your question: "2.

Could it be imposed a fine on an official and legal entity at the same time?

This is especially true of activities related to drug trafficking. For example, for one of the private clinics that had an appropriate license, negative consequences in the form of a fine came for violation of the rules for conducting special journals of registration of operations related to the turnover of narcotic drugs and psychotropic substances, namely: the graph was incorrectly filled in the acquisition of the magazine "Total" The directly obtained amount of narcotic drug, psychotropic substance was indicated (it is necessary to fix the number of a growing result in a month).
The imposition of an administrative fine to subscribe to the newsletter and get the first to the most recent and up-to-date information on the work of medical organizations. By sending an application, you agree to the terms of processing and use of personal data.

The court found it a violation of PP.

Administrative responsibility of officials and legal entities

This type of legal entities, due to the specifics of its activities, implements its socially useful functions, observing a huge number of legislative rules and restrictions. Penalties may occur, including violating the established requirements for clinic document flow.

Could it be imposed a fine on an official and legal entity at the same time? At the same time, additional punishments provided for each of the relevant sanctions may be appointed. In order to improve efficiency administrative punishments The law establishes a relatively small deadlines for their destination.
The long-possible attraction to administrative responsibility is determined by periods of time, after which the decision on the case of administrative offenses cannot be issued. Their duration is established depending on the characteristics, the nature of administrative offenses, punishment for their committing ways to determine the start of the deadlines.

Important

Under this angle of view, we can allocate the overall and special time limitations for administrative responsibility. The total time is set in two months. It is calculated from the day of the administrative offense.

Regulations on the licensing of activities on the turnover of narcotic drugs approved by the Decree of the Government of the Russian Federation of 12/22/2011 No. 1085, as well as Applications No. 1 "Rules for conducting and storing special journals of registration of operations related to the turnover of narcotic drugs, psychotropic substances and their precursors" of the Government Decisions of the Russian Federation No. 644 of 04.11.2006 In addition, in a room for storing narcotic drugs and psychotropic substances, narcotic drugs and psychotropic substances were kept in one room with medicines of different pharmacological groups.

Attention

The court found this violation of the requirements of paragraph 5, p.p. "E" Regulations on the licensing of activities on the turnover of narcotic drugs, psychotropic substances and their precursors; P.9, P.68 of the Order of the Ministry of Health and Social Development of the Russian Federation No. 706n dated August 23, 2010. Moreover, the above-mentioned disorders are recognized as rude.

The delimitation of the responsibility of a legal entity and the official at the same time is not a double measure of responsibility. The difference is only in volumes and types of responsibility (for example, for Yul - a fine, and for an official - warning \\ fine \\ disqualification).
IP are responsible as Jul officials (paragraph 22 of PP of the Russian Federation from 270103 No. 2). So, paragraph 16.2. PP of the Russian Federation from 02062004 No. 10 explains that by virtue of Part 3 of Article 2.1 of the Administrative Code of the Russian Federation, the appointment of administrative punishment does not exempt the guilty individual from administrative responsibility for this offense, as well as attracting administrative or criminal liability individual Does not frees from administrative responsibility for this offense legal entity. Among other things, paragraph 15 of PP of the Russian Federation No. 5 from 24032005

In the event that in the articles of sections I, III, IV, V of the Code, it is not indicated that the norms established by these articles apply only to an individual or only to a legal entity; these norms act equally in relation to both the physical and legal entity, In the exception of cases, if, in meaning, these norms relate and can only be applied to the physical person (paragraph 2 of article 2.10. Administrative Code of the Russian Federation). An example from judicial practice in the field of healthcare for medical organizations The issue of administrative responsibility will never lose its relevance. This type of legal entities, due to the specifics of its activities, implements its socially useful functions, observing a huge number of legislative rules and restrictions. Penalties may occur, including violating the established requirements for clinic document flow.

Laying an administrative penalty

Administrative Code of the Russian Federation provides for the responsibility for the implementation of entrepreneurial activities without a special permit (license), if such permission (such a license) is necessarily (obligatory). For citizens for such an offense, a penalty is provided in the amount of from two thousand to two thousand five hundred rubles with confiscation of manufactured products, produced tools and raw materials or without such. For officials, the penalty is already from four thousand to five thousand rubles with the confiscation of manufactured products, produced tools and raw materials or without such.
For legal entities - from forty up to fifty thousand rubles with confiscation of manufactured products, productions of production and raw materials or without one.

When does an official carry administrative responsibility?

the cost of revenue of the guilty person from the sale of goods, if the offense was performed on the market;
the cost of unpaid fine;
the amount of financial resources that were not returned to the Russian budget established by law;
finance costs that were not credited to the accounts of relevant banking organizations;
the amount of taxes or customs duties that were not paid at the time of the bustling of the offense;
the cost of the subject of the unlawful act;
the cost of the currency transaction recognized illegal;
the cost of currency revenue, which was not sold;
the cost of securities or cash, credited or written off with the failure to comply with the established requirements for reservation.

In law, we are talking about the amount of revenue for one calendar year.

Could it be imposed a fine on an official and legal entity at the same time?

Attention

Article 3.5. administrative penalty

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Penalty for administrative violation: features, size, term

Any offense of administrative type is divided into several species, which will be discussed further. Types of administrative punishments Russian Code All illegal acts into several groups are divided about the offenses of the administrative type. That's what acts here are worth highlighting:

in the field of protection of the Russian border;
in the field of agriculture;
in the field of property protection;
in the field of nature protection and the environment;
in information and communication;
in the field of military registration of citizens;
in the field of public relations and state security.

Unlawful acts may affect the health of citizens, for private or state ownership, on the sanitary welfare of citizens, on the morality of society, etc.

What is an administrative penalty? Administrative offense

What can not be the types of administrative type coercion? It is worth allocating, for example, a ban on operation vehicle, removal from the work of heads of state organizations, reviews licenses and certificates, etc. Objectives of administrative penalties According to the same Administrative Code, the application administrative species Forcing is possible in violation of constitutional, financial, labor, civil or criminal procedural law. The main purpose of the punishment of the administrative type is to cause the guilty person of a certain legal damage, deterioration legal status citizen.

It is necessary to create a state of punishability to prevent the emergence of new illegal acts. Is the punishment of an administrative type punishment? Yes and no. Of course, the Kara brings up the guilty subject, puts him respect for the rule of law and the law.

But the appointment of an administrative fine in the amount of less minimum size is possible only when the minimum size of the administrative fine is:

for citizens - at least 10,000 rubles,
for officials - at least 50,000 rubles.

As for legal entities, the appointment of an administrative fine in the amount of less minimum size is possible in the presence of exceptional circumstances related to the nature of the committed administrative offense and its consequences, the property and financial position of the legal entity involved in the administrative liability, provided that the minimum administrative fine amount is Not less than 100,000 rubles. At the same time, a fine in the amount of less minimum sizes cannot be less than half of the minimum size.
Federation Administrative Offenses. The above faces are subject to administrative responsibility on general reasons. On the appointment of an administrative fine below the minimum size from January 11, 2015, the norm entered into force, according to which, in the presence of exceptional circumstances related to the nature of the perfect administrative offense and its consequences, the individual and the property situation of the individual, the judge, the authority, Official, considering cases of administrative offenses or complaints, protests on decisions and (or) decisions on administrative offenses may impose a sentence in the form of an administrative fine in the amount of the minimum amount of an administrative fine provided for by the appropriate article or part of the article section II Codex of the Russian Federation about the ap.

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