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07 — ADMINISTRATIVE LAW

Administrative sanctions: how to defend against fines and other State measures

The State, at its various levels, wields extensive sanctioning powers: fines, closure orders (clausura), seizures, licence suspensions, disqualifications, and deregistration. Each body with sanctioning authority — ARCA, ANSES, AGIP, ARBA, ANMAT, ENACOM, and their provincial and municipal counterparts — operates under its own regime combining substantive rules (what constitutes an infraction and what sanction applies) with procedural rules (how the inquiry is conducted and how the decision may be challenged).

A sanction left unanswered or not challenged within the statutory deadline can become an enforceable debt, trigger registration restrictions, and create financial liability for years. Effective defence requires acting from the moment of the first demand: a technically sound response, solid evidence, and, when necessary, escalating the challenge all the way through to judicial proceedings.

Guarantees applicable to sanctioning proceedings

Although not strictly criminal in nature, administrative sanctioning proceedings are governed by analogous guarantees: the principle of legality (the conduct and the sanction must be established by a pre-existing rule), specificity (precise description of the infraction), fault (no sanction without subjective blame), proportionality (the sanction must bear a reasonable relationship to the gravity of the conduct), due process (notification, the right to be heard, submission of evidence, reasoned decision), non bis in idem (no double punishment for the same act), and limitation periods.

The Supreme Court and legal scholars have extended these guarantees to the administrative sanctioning sphere with certain nuances, recognising its quasi-criminal character. Recent constitutional case law strengthens judicial scrutiny of the reasonableness of sanctions imposed.

Common areas of practice

Tax sanctions (ARCA, AGIP, ARBA)

Fines for omission, fraud, formal infractions, and withholding violations. Defence in the administrative inquiry, administrative appeals, and where applicable, contentious-administrative or tax court proceedings.

Labour sanctions (Ministry of Labour, SRT)

Fines for undeclared employment, violations of Law 25.212, and occupational risk insurance (ART) infractions. The sums at stake are often substantial.

Customs sanctions

Governed by the Customs Code (Law 22.415): customs infractions, minor smuggling, and inaccurate declarations. Proceedings before the General Customs Directorate (DGA) and the Tax Court (Tribunal Fiscal).

Health and food safety sanctions

ANMAT, SENASA, and provincial authorities. Closure orders, seizures, and fines imposed on establishments and professionals.

Sanctions against licensed professionals

Professional associations (bar associations, medical colleges, accounting boards) exercise disciplinary power, the decisions of which are subject to judicial review.

Consumer protection sanctions

Fines on companies for failure to comply with Law 24.240. COPREC and consumer protection agencies at the national and provincial level.

Traffic and road fines

Federal regime (Law 24.449) and municipal/provincial legislation. Speed-camera fines, drink-driving violations, and serious infractions carrying licence disqualifications.

Why choose Tchestnykh & Asociados

  • Defence in administrative inquiries across multiple regulatory bodies
  • Integrated accounting and legal approach to tax sanctions
  • Litigation before the National Tax Court and Federal Courts
  • Cost-benefit analysis before each procedural step
  • Administrative appeals
  • Economic and tax criminal law
  • Consumer protection defence