Article for carrying bladed weapons in the Criminal Code of the Russian Federation and illegal possession in the Criminal Code

ST 223 of the Criminal Code of the Russian Federation.

1. Illegal manufacture, alteration or repair of firearms, their main parts (except for firearms of limited destruction), as well as illegal manufacture of ammunition -

shall be punishable by imprisonment for a term of three to five years with a fine in the amount of one hundred thousand to two hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of six months to one year.

2. The same acts committed by a group of persons by prior conspiracy, -

shall be punishable by imprisonment for a term of three to seven years with a fine in the amount of two hundred thousand to three hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of one to two years.

3. Acts provided for in parts one or two of this article, committed by an organized group, -

shall be punishable by imprisonment for a term of five to eight years with a fine in the amount of three hundred thousand to four hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of two to three years.

4. Illegal manufacture, alteration or repair of firearms of limited destruction or illegal manufacture of gas weapons, bladed weapons, throwing weapons, as well as illegal manufacture, alteration or equipment of cartridges for firearms of limited destruction or gas weapons -

shall be punishable by compulsory labor for a term of up to four hundred eighty hours, or correctional labor for a term of one to two years, or restriction of liberty for a term of up to two years, or imprisonment for a term of up to two years with a fine in the amount of fifty thousand to eighty thousand rubles. or in the amount of wages or other income of the convicted person for a period of up to six months or without it.

Note

. A person who voluntarily surrenders the items specified in this article is exempt from criminal liability under this article.

What is the punishment?

Responsibility for illegal possession of guns in Russia is provided for by criminal law without the possibility of applying administrative sanctions.
The criminal offense associated with the use of bladed weapons is divided into several offenses. The first is unauthorized production. The sanction of the article applies to those guilty if they allowed the manufacture, improvement or processing of existing products into edged weapons at home without proper consent and without proper qualifications. Editing existing melee weapons is also strictly prohibited. For violation of this norm, one of the following sanctions may be applied:

compulsory work that is carried out within the employment enterprise, with a maximum period of up to 480 hours;
correctional labor at the place of residence for up to two years;
restriction or imprisonment for a period of up to two years.

In addition, an additional fine of 60,000 rubles may be applied. Also, if the violation is related to the performance of a certain activity or holding a position, then in addition the person may be deprived of the right to hold the position.

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If a person violates the conditions of storage or use of the product, then other types of penalties are applied. Namely:

fine;
confiscation of the subject of a criminal offense (after confiscation, the product is exhibited on
sale, and the proceeds go to the state budget).

Another crime is provided for persons who have allowed the illegal distribution of bladed weapons. In this case, the attacker may be subject to correctional work. The possibility of arrest for a term of up to six months or imprisonment for a maximum term of up to two years is also possible.

What violations occur in practice?

To study existing violations, customers use a classifier of violations in the field of procurement - a list developed by specialists of the Accounts Chamber and systematizing the results of external government audit procedures. The classifier includes 55 points of non-compliance with legislation in the field of government and corporate procurement. According to 223-FZ, the following groups of deviations are distinguished:

non-compliance with the established procurement procedure (the order was made in paper form instead of the proper electronic one, tenders were held under 223-FZ instead of 44-FZ);
failure to comply with the regulations for publishing information in the Unified Information System (the deadlines for posting information were violated, the customer did not publish the appropriate data and reports);
establishment in the procurement documentation of unnecessary or not provided for by law requirements for procurement participants, violation of the substantive procedure for preparing documentation and notification of the order.

If the customer organization untimely fulfilled or failed to comply with certain instructions or decisions of the Federal Antimonopoly Service to eliminate identified violations and errors enshrined in the Administrative Code, then this is regarded as a serious administrative offense, followed by liability in the form of a fine.

Permitted species

According to the laws in force in our country, not every person has the right to purchase, store, carry and operate the items in question. Those wishing to acquire a product of this type must obtain a special document that allows them to store and transport a specific type of weapon. When purchasing a product of this type, the corresponding mark must be placed in the authorization document.

The permit does not give the right to carry such products with you anywhere. For example, it is strictly forbidden to attend any mass public events with any type of weapon, including bladed weapons.

In some cases, obtaining permission to purchase, store and carry is not required. An example of such a situation is the purchase of a Cossack uniform or some traditional national costume.

Also, Federal Law No. 150 states that items with the characteristics of edged weapons can be used in everyday life without the appropriate permit.

Such items should include:

Sports and tourist knives.
Cutters used for cutting meat and skinning animals.
Hunting equipment.
Decorative elements.

Of course, there are certain restrictions. You cannot walk around the city with a butchering cleaver and claim that it is needed for processing carcasses. The use of products of this type without appropriate permission is permitted in certain places or under certain conditions. It should also be added that decorative objects that have signs of edged weapons must be blunted.

Learning the Basics

Federal Law No. 223 FZ, as amended in 2022 and comments for dummies, establishes principles, including:

Information accessibility of trading. This principle is general legal and is ensured by posting information on the Internet. Information on ongoing tenders is published on the official website under Federal Law 223 Procurement Gov.Ru. Among the platforms where trading is held, we will highlight Fabrikant and B2B-center, and among the specialized ones - the trading platform under 223 Federal Law of Sberbank UTP and the trading platform of Russian Railways.
Equality, fairness and absence of restrictions on competition in relation to tender participants. The organizer of the procedure ensures equal rights and opportunities for participants and excludes a selective approach in selecting the winner.
Efficient use of funds and reduction of customer costs. It means that customers strive to spend money rationally. But we are not talking about reducing prices, but about reducing overall costs.
No restrictions for participants. It is prohibited to set unmeasurable requirements. Avoid terms (financial resources of participants, production capacity) that are interpreted ambiguously or do not apply fully to participants.

Additional Information

If you are so interested in this issue, it will also not hurt you to know: illegally manufactured edged weapons in Russia, their storage and carrying entail prosecution by law. Violators face up to two years in prison - of course, if he is caught and the court proves that he made the weapon with his own hands. The same punishment awaits those involved in the underground trade in bladed weapons.

The easiest way to avoid problems with lawyers is to apply for a collector's license. Then you can safely store at least dozens of knives at home, provided that you have a room that meets the necessary standards.

There are also types of knives that are prohibited from being carried on the street - if one is found on you, it will be confiscated and you may be fined. This is everything that is considered a cold weapon in the Russian Federation - switchblade knives, butterflies, throwing knives.

To avoid problems: purchase such products only from trusted stores that issue appropriate certificates for their products.

Whatever the knife you choose, combat or household, you should always be aware that this is a dangerous object that can even unintentionally cause serious injuries.

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Peculiarities

Buying edged weapons is not prohibited by law; the range of goods offered is varied and diverse

Here it is important to understand how exactly these devices differ from other types of similar items.

First, let's define what a bladed weapon is according to the Criminal Code of the Russian Federation. This is a specific thing designed to inflict injury on a selected target using the muscle power of a human individual.

Among specialists in a narrow field, there are distinctive characteristics by which tools are classified:

handle diameter and volume;
blade size.
determination of metal quality.
width of the butt part.

In addition to various types of knives, the category “Metal weapons” includes the following types: sabers, dirks, brass knuckles, stilettos. The main purpose of all of the above items involves achieving the intended goal.

With the help of this type of weapon, wounds of various types are inflicted. These can be chopped, stabbed, crushed, or stabbed wounds. The nature and form of the alleged weapon is determined by the form of injury itself.

What is considered a cold weapon in the Russian Federation, and what is not?

The law in our state is formulated in such a way that it makes it easier to determine what does not apply to edged weapons. These are the following characteristics and signs:

Blade less than 90 mm long.
Finger stop not reaching 50 mm.
Products with a thickness of more than 6 mm.
Knives with a sawn blade.
Plastic knives, as well as other decorative entertainment such as crossbows made from pencils.

Other additional signs have also been established, by which it is established what is considered a bladed weapon in the Russian Federation, as well as types of bladed weapons. But, in principle, the presence of at least one of the above is enough to avoid problems with the police. To summarize, we can say that today CW does not include anything that cannot provide an accurate, full-fledged piercing blow that hits the target.

Administrative penalties

The Administrative Institute of Law introduced the following types (Part 2 of Article 20.8 of the Administrative Code of the Russian Federation) of punishment for non-compliance with the rules of storage and transportation:

a fine in the amount of five hundred to two thousand rubles with compensatory confiscation of the object;
checking the suspect for involvement in possible criminal acts involving the subject of seizure.

Seizure of an object with compensation is a procedure according to which, after the sale of the object of seizure, the difference between the amount of the fine and the negotiated amount will be returned to the owner of the weapon.

The State Duma has already raised the issue of toughening penalties for freely walking with bladed weapons many times. Indeed, today the buyer is given the appropriate piece of paper stating that the item is a souvenir product or a knife for household purposes, and therefore it is impossible to punish him.

Sometimes such certificates do not indicate the purpose, they simply write that the item is not a bladed weapon. In this regard, it is necessary to take special responsibility both to the acquisition of weapons and to their further operation and storage.

How is administrative responsibility applied?

Administrative penalties for non-compliance with procurement legislation by certain types of legal entities began to be applied starting in 2014. After the development of the punishment system, amendments were made to the Code of Administrative Offenses (CAO) and new fines were added. Consideration of cases of violation of procurement legislation is the area of responsibility of the Federal Antimonopoly Service of the Russian Federation and its regional divisions. If the FAS authorities make a positive decision and recognize the organization’s violation, then the customer will face penalties in the amount of 2,000 to 50,000 rubles for an official, and from 5,000 to 500,000 rubles for a legal entity. The prosecutor's office also considers cases of violations; violations during standardization in the field of procurement after prosecutorial checks are analyzed by employees of this department, after which the violator provides explanations and a list of measures to eliminate the identified errors. The departments that monitor violations of defense procurement are the Ministry of Internal Affairs (as representatives of the customer), the Federal Antimonopoly Service and the prosecutor's office. Control over the state defense order is carried out both in accordance with procurement legislation and in accordance with the Law on State Defense Order No. 275-FZ.

Arbitrage practice

Committing crimes under Art. 223 is registered much less often than the execution of illegal acts provided for in Art. 222. At the same time, every year law enforcement agencies investigate at least 1,000 such violations of the law.

Examples worth mentioning are:

During the construction of an outbuilding, citizen M. found a WWII era pistol in the ground. An examination of the weapon showed that the pistol was not in good condition. Having experience in handling weapons, M. decided to repair it and keep it for himself. During the repair work, M. was detained by police officers. The court found M. guilty under Art. 223 part 1, and sentenced him to imprisonment for a period of 3 years.
An organized group of people, which included citizens S., Ch. and V., developed and successfully used the technology of modernizing traumatic pistols into combat pistols. As the investigation established, over the entire existence of the group, over 300 pistols were modernized and sold. The court found S., V. and Ch. guilty of committing crimes under Part 3 of Art. 223 and part 3 of Art. 222 and sentenced them to imprisonment for different terms: from 5 to 8 years. Each of the culprits was also fined.
Citizen T. found a Walter pistol and ammunition for it in his grandfather’s belongings. As it turned out, the gun was faulty. Having experience in carrying out repair work, T. restored the pistol and planned to keep it for himself, but at the last moment he changed his mind and took it to the police. Law enforcement agencies have no claims against citizen T.

Every year the commission of crimes under Art. 223 is being registered less and less often, but the complete eradication of crime of this type is still far away.

Statistical data

In 2022, the courts considered 770 criminal cases charging citizens under Art. 223 part 1:

147 people received real prison sentences;
592 people were sentenced to suspended imprisonment;
14 received restriction of freedom;
3 were fined;
6 sentenced to correctional labor;
6 awarded mandatory work;
6 were declared insane and sent by the court for compulsory treatment.

According to Art. 223 part 2, 24 criminal cases were considered. 18 people received different terms of imprisonment. 6 were given suspended sentences. According to Part 3 of Art. 223 crimes were not recorded.

According to Art. 223 part 4 the courts considered 150 criminal cases:

16 people received actual prison sentences;
18 – suspended imprisonment;
10 – restriction of freedom;
16 – correctional labor;
84 – compulsory work;
3 people were declared insane.

The 2016 statistics are not much different from the 2022 data.

Mitigating and aggravating circumstances

As in the consideration of any other criminal cases, when imposing punishment under Art. 223 the court takes into account mitigating and aggravating circumstances.

Among the first are:

committing an illegal act for the first time;
minority of the guilty person;
pregnancy;
the perpetrator has small children and other dependents;
committing a crime under duress.

The main aggravating circumstances are:

relapse;
grave consequences resulting from the commission of an unlawful act;
commission of a crime by a group of persons by prior conspiracy;
committing an illegal act in emergency situations;
commission of a crime by a current law enforcement officer;
promoting terrorism.

Aggravating and mitigating circumstances can be taken into account by the court or ignored, but a number of them are mandatory for consideration. If an aggravating circumstance constitutes a qualifying circumstance, then it is always taken into account when assigning a punishment. The confession deserves special attention. According to the provisions of Art. 223, if a person voluntarily surrenders his weapon, then he is exempt from criminal liability.

Explanations on the topic

Main points	Document details	Download
Review of judicial practice on the application of 223-FZ	B/n dated 05/16/2018

About the author of this article

Alexandra ZadorozhnevaAccountant, project expert Practicing accountant. I have been working since the beginning of my studies at the university. I have experience in both commerce and budgeting. From 2006 to 2012 she worked as an accountant-cashier and personnel officer. From 2012 to the present - chief accountant in a budgetary institution. In addition to direct accounting, I am involved in purchasing and economic planning activities. I have been writing feature articles for specialized publications for 4 years.

Other publications by the author

2022.02.28 Procurement control The Ministry of Finance clarified whether to simultaneously provide benefits to organizations of people with disabilities and penal institutions
2022.02.28 Procurement controlInstructions for drawing up a report on purchases from SMP and SONO according to 44-FZ
2022.02.25 Procurement control How the Treasury authorizes transactions with funds of treasury support participants from 2022
2022.02.25 Customer documents Plan to change the rules for drawing up FCD plans in institutions

The legislative framework

At the moment, in Russia there are several laws and departmental acts regulating the storage and use of edged weapons. The main one is the law “On Weapons”, which was adopted back in 1996. The norms of the document determine that this type of weapon can be used by civilians and is intended for self-defense. But, at the same time, the types of weapons and areas of their use, as well as individual restrictions, are described.

The second important document is the Criminal Code of the Russian Federation, which contains standards of liability for violation of the basic requirements for the operation of such weapons. Another type of punishment is administrative penalties, which are provided for in the articles of the Code of Administrative Offenses.

The Russian legal system is in many ways similar to the legislation of other CIS countries. In particular, there is almost absolute similarity with the law of Ukraine. A somewhat smaller list of restrictions for owners of combat knives is established in Kazakhstan. And the most severe punishments for violators are fixed by the legislation of Belarus.

Table of fines under 223-FZ

Responsibility for violations lies both with the organization itself, acting as the customer, and with the officials responsible for conducting procurement activities. For the convenience of users, we have prepared the entire list of existing violations under 223-FZ in the form of a table.

Type of violation	Fine for an official, rub.	Fine for the customer organization, rub.	Legal basis in accordance with the Code of Administrative Offenses
Carrying out an order in paper form, while electronic form is mandatory	10 000–30 000	100 000–300 000	Part 1 art. 7.32.3
Conducting an order in paper form, while electronic form is mandatory, and the purchase was carried out by an official who was subject to administrative liability more than twice	From 40,000–50,000 up to removal from position from six months to 1 year	—	Part 2 art. 7.32.3
Conducting government procurement, which must be carried out within the framework of the Federal Contract System (44-FZ) in accordance with the norms of 223-FZ	20 000–30 000	50 000–100 000	Part 3 art. 7.32.3
Failure to comply with the required deadlines for posting procurement data	2000–5000	10 000–30 000	Part 4 art. 7.32.3
Lack of published information about the order in the UIS	30 000–50 000	100 000–300 000	Part 5 art. 7.32.3
Failure to comply with the deadlines for posting changes in the Unified Information System for ongoing public procurement	5000–10 000	10 000–30 000	Part 6 art. 7.32.3
Procurement documentation has been agreed upon, which contradicts the current regulations of 223-FZ	2000–3000	5000–10 000	Part 7 art. 7.32.3
Rejection of a participant on grounds not provided for in the procurement documents. Applications were reviewed and evaluated according to criteria not specified in the procurement documentation	2000–3000	5000–10 000	Part 8 art. 7.32.3
Sending erroneous information about participants to the register of unscrupulous suppliers	10 000–15 000	30 000–50 000	Art. 19.7.2-1
Failure to comply with orders of the Federal Antimonopoly Service	30 000–50 000	300 000–500 000	Part 7.2 art. 19.5

Types of punishment for the sale, acquisition, storage and carrying of bladed weapons

Punishment for illegal possession of bladed weapons, as well as for their sale, acquisition and carrying are provided for by the Criminal Code of the Russian Federation and the Code of Administrative Offenses.

According to the Criminal Code of the Russian Federation, the following types of punishment are provided for edged weapons, namely their circulation, use and production:

compulsory work in the amount of up to 200 labor hours;
correctional labor for up to 2 years;
restriction of freedom for up to six months;
imprisonment for up to 2 years;
a fine of up to 80,000 rubles.

In some cases, penalties are summed up. For example, the manufacture of a weapon may involve its use, as well as the infliction of serious injury or even death.

For the acquisition, storage and carrying of permitted bladed weapons, no criminal punishment is implied. This is an innovation for domestic criminal legislation. Previously, punishment was provided for such actions. What is the matter and are such provisions of the Criminal Code fair? This is the right decision on the part of the legislator.

The fact is that now in every store you can buy an item that has signs of a bladed weapon, but the information sheet will say that it is a souvenir or a decorative item. Thus, there is a high chance that absolutely innocent people misled by sellers will be held criminally liable.

At the same time, the above does not mean that the acquisition, storage and carrying of bladed weapons, that is, actions contrary to the law, always remain unpunished. The Code of Administrative Offenses provides for a fine for actions of this kind, ranging from 500 to 2000 rubles. In addition, the product can be confiscated, checked to see if a crime was committed with its help, and destroyed. In simple words, carrying a bladed weapon with you can become a suspect in a crime. Of course, if the person is not involved, then everything will be fine, but he is guaranteed a few hours in the company of police officers.

Having decided to acquire bladed weapons to achieve any goals, you must obtain the appropriate permission and enter it into this document. Otherwise, problems with the law may arise.

Definition of edged weapons according to the law of the Russian Federation

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A bladed weapon is an object that is used to cause damage to a target using muscles during direct contact with an object (clause 2 of GOST R 51215-98).

It is divided into piercing, cutting, chopping and crushing.

As a result, it includes knives, sabers, checkers, brass knuckles, axes and a number of other things that are intended to cause damage to people.

Please note: according to the law, items that are certified for production and household use are not considered weapons. These include kitchen knives, garden shears, hammers, sledgehammers, etc.

Who are the customers?

According to Federal Law 223, customers include (Article 3.1):

state corporations, state-owned companies and business entities, in the authorized capital of which Russia’s share exceeds 50%;
other legal entities (natural monopolies, their subsidiaries and other legal entities) in case of implementation of investment projects with a total value of at least 10 billion rubles, which are supported by the state;
budgetary institutions, state and municipal unitary enterprises (subject to the conditions listed in Article 1);
federal state unitary enterprises (their list is approved by the Government).

Another comment on Article 223 of the Criminal Code of the Russian Federation

1. For the characteristics of firearms, ammunition, explosives and explosive devices, see the commentary to Art. 222 of the Criminal Code. Firearms of limited destruction are not included in the crime.

2. The objective side of the crime is formed by the following actions:

1) illegal manufacture, alteration or repair of firearms and their main parts;

2) illegal production of ammunition, explosives and explosive devices.

Manufacturing means their creation without obtaining a license in the prescribed manner, when objects acquire the properties of firearms, ammunition, explosives, explosive devices. Alteration is the introduction of such changes to objects (rocket launchers, gas pistols), as a result of which they acquired the properties of a firearm or its main parts.

Repairing firearms and their main parts means restoring their destructive properties.

These actions entail criminal liability provided they are committed illegally.

3. The crime is considered completed from the moment of production, alteration or repair listed in Part 1 of Art. 223 items.

4. The subjective side of the crime involves only direct intent.

5. The subject of the crime is a sane person who has reached the age of 16 years.

6. In part 4 art. 223 contains an independent corpus delicti.

The law talks about three groups of crime subjects: the first is firearms of limited destruction; the second – gas, cold, including throwing, weapons; the third – cartridges for firearms of limited destruction or gas weapons.

The cartridges included in the subject of the crime include:

1) traumatic cartridge - a device intended for firing from a smooth-bore firearm or a firearm of limited destruction, combining into one unit with the help of a cartridge case the means of initiation, a propellant charge and projectile equipment with a traumatic effect and not intended to cause death to a person;

2) gas cartridge - a device intended for firing from a gas weapon or a firearm of limited destruction, combining into one unit with the help of a cartridge case the means of initiation, equipped with tear or irritant substances and not intended to cause death to a person;

3) light-sound cartridge - a device intended for firing from a firearm, limited-kill firearm, gas or signal weapon, combining into one unit with the help of a casing the means of initiation and light-sound equipment and not intended to hit a living or other target.

The essence of the act depends on the subject of the crime. For the subject of a crime included in the first group, such actions will be illegal manufacturing, alteration or repair; in the second group - illegal production; the third – illegal production, alteration or equipment.

7. The note to the commented article contains an indication of a special type of exemption from criminal liability.

Fines for failure to meet procurement deadlines

The most common violations in government procurement under 223-FZ are failure to comply with statutory deadlines for various types of competitive procedures and errors in publishing notices. Many customers forget that as part of the notice placed for orders by certain types of legal entities, it is necessary to publish procurement documentation and a draft contract. The only exception to this rule is the request for quotes. To avoid liability for violations, use the summary table of deadlines for posting procurement documents in accordance with Federal Law No. 223.

Published document	Deadline	Regulatory framework
Local customer standards
The customer’s procurement regulations, the decision to adhere to the procurement regulations, and changes to the regulations	15 days from the date of approval	Part 1 art. 4, part 4 art. 2 223-ФЗ
Procurement plan	Within 10 days from the date of signing, but no later than December 31 of the year preceding the planning year	Part 2 art. 4 223-FZ, clause 14 of the Regulations on the placement of procurement information in the Unified Information System
Information about changes made to the procurement plan	Within 10 days from the date of acceptance of the new version of the document	Part 2 art. 4 223-FZ, clause 14 of the Regulations on the placement of procurement information in the Unified Information System
Procurement documentation
Notice - competition, auction	No later than 15 working days before the application deadline	Part 17, 19 art. 3.2 223-FZ
Notice - request for quotation	No later than 5 working days before the date of the procedure	Part 21 Art. 3.2 223-FZ
Notice - request for proposals	No later than 5 working days before the date of the procedure	Part 23 art. 3.2 223-FZ
Notice - electronic competition, electronic auction, with restrictions for SMEs	No later than 7 working days before the date of the procedure with the initial (maximum) contract price not exceeding 30 million rubles. No later than 15 working days before the deadline for submitting applications for an initial (maximum) contract price of over 30 million rubles.	P. 1, 2 parts 3 tbsp. 3.4 223-FZ
Notice - a request for proposals in electronic form only for SMEs, with a contract price of no more than 15 million rubles.	No later than 5 working days before the date of the procedure	Item 3, part 3, art. 3.4 223-FZ
Notice - request for quotation in electronic form only for SMEs, with a contract price of no more than 7 million rubles.	No later than 4 working days before the date of the procedure	Item 4, part 3, art. 3.4 223-FZ
Making changes to notices and documentation	Within 3 days from the date of the decision to change the documents. It is necessary to extend the deadline for submitting applications in such a way that from the moment the notice is posted in the Unified Information System until the end date for the submission of applications by participants, at least half of the period established by the customer’s procurement regulations remains	Part 11 art. 4 223-FZ
Clarification of the provisions of the procurement documentation	Within 3 days from the date of their provision	Part 11 art. 4 223-FZ
Decision to cancel a competitive order	Directly on the day of signing such a document	Part 6 art. 3.2 223-FZ
All procurement protocols	Within 3 days from signing	Part 12 art. 4 223-FZ
Reporting according to 223-FZ
Information on the number and total cost of contracts, including information on the total cost of contracts not included in the register of contracts, in accordance with Part 3 of Art. 4.1 of Law No. 223	Monthly, before the 10th day of the month following the reporting month	Clause 1, part 19, art. 4 223-FZ
Information on the number and cost of contracts with a single supplier	Monthly, before the 10th day of the month following the reporting month	Clause 2, part 19, art. 4 223-FZ
Information on the number and cost of contracts concluded with a single supplier (performer, contractor) based on the results of a competitive procurement recognized as failed	Monthly, before the 10th day of the month following the reporting month	Clause 3, part 19, art. 4 223-FZ
Annual report on the purchase of goods, works, services by certain types of legal entities from small and medium-sized businesses	By February 1 of the year following the reporting year	Part 21 Art. 4 223-FZ
Annual report on the purchase of innovative products, high-tech products, including from small and medium-sized businesses	By February 1 of the year following the reporting year	Clause 2 of the Russian Federation Regulation No. 1442 dated December 25, 2015
Information about changes in the volume, price or terms of execution of the contract, compared to those specified in the final protocol	Within 10 days from the date of changes	Part 5 art. 4 223-FZ
Information on the conclusion of an agreement (including with a single supplier, if its cost exceeds 100,000 rubles or 500,000 rubles for customers with annual revenue for the reporting financial year exceeding 5 billion rubles), sent to the contract register	Within 3 days from the date of conclusion of the agreement	Part 2 art. 4.1 223-FZ
Information about the execution, change, termination of the contract sent to the register of contracts	Within 10 days from the date of amendment, execution or termination of the agreement	Part 2 art. 4.1 223-FZ

Classification

Currently, there is voluminous material on the classification of edged weapons (Article 5 of the Federal Law-150). When studying, you can understand how big this topic is. A fully expanded classification can fit on several dozen A4 sheets.

In general, edged weapons can be divided according to many characteristics into subclasses, genera, types, etc.

So, the classification of edged weapons:

By purpose:
combat. Its purpose is to be used by paramilitary organizations while performing assigned tasks. It is in turn divided into: military and special combat edged weapons.
By production method:
artisanal. As a rule, it is made by a master gunsmith. May have a mark identifying the creator;
homemade. Manufactured by people who do not have the necessary skills;
remade. This is a weapon that has received design changes as a result of certain actions.
By manufacturer:
foreign.
According to weapon standards:
non-standard.
By type of damaging effect:
piercing (spear, pike, rapier, stiletto, hasta, knife, etc.);
piercing-cutting (halberd, scimitar, broadsword, glaive, trench knife, combat knife, etc.);
piercing-cutting (sword, arit, checker, saber, rapier, etc.);
shock-crushing (war hammer, mace, club, brass knuckles, club, etc.);
throwing (knives, spear, sling, dart, ax, etc.);
combined action (karambit).
By type of construction:
not bladed.
Blade features:
double-edged.

What influences the chosen measure of responsibility?

When choosing a punishment, executive bodies take into account various aspects: who will be sanctioned under the Code of Administrative Offenses (an official or organization), as a result of which the rules were violated, whether the misconduct affected third parties, whether procurement participants suffered damage, etc. There are situations when, after a thorough analysis of a particular case, department officials consider errors to be insignificant. Responsibility for this is established in the form of an oral penalty, and not a fine, based on the articles of the Code of Administrative Offenses. The choice of responsibility is influenced by the study of the personal characteristics of the official, as a result of whose actions the offense was established. All significant factors are taken into account: whether the culprit has other violations and fines, aggravating or mitigating circumstances, his financial condition, property base. If the culprit tried to prevent or, if possible, correct the consequences of his mistakes, this mitigates the measure of responsibility. If illegal actions are not committed by an official for the first time, and the executive body has previously issued warnings, then this, on the contrary, is regarded as an aggravating circumstance and leads to increased liability.

What does the article say? 223 of the Criminal Code of the Russian Federation

Article 223 of the Criminal Code of the Russian Federation contains 4 main parts and 1 additional:

I lists penalties for the manufacture, repair or modernization of firearms and their components, as well as ammunition;
II specifies responsibility for the same acts committed by a group in conspiracy;
III contains a list of possible punishments for acts provided for in parts I and II, provided they are committed by an organized group;
IV provides for liability for the illegal manufacture, modernization and repair of weapons with a limited damage zone, including cold weapons, as well as cartridges.

According to the note to Art. 223, a person who voluntarily surrenders all the items listed above to the police is exempt from criminal punishment.

Basic provisions of Art. 223

Illegal production, modification or repair of firearms, their components and ammunition is punishable by 3-5 years in prison. In addition, the culprit may be fined from 100,000 to 200,000 rubles. Also, the fine may be equal to 6-12 months’ income.

Committing the same acts, but by a group of people in conspiracy, is punished more severely. The maximum prison term can be up to 7 years. The possibility of imposing a fine is also not excluded. Its size is 200,000-300,000 rubles. The amount of penalties can be comparable to the income of the guilty person for a period of 1-2 years.

If the acts provided for in parts I and II of Art. 223, committed by an organized group, the term of imprisonment is increased to 8 years, and the maximum amount of fines is up to 400,000 rubles. Also, the amount of the fine may be equal to the income of the guilty person for 2-3 years.

The illegal manufacture of bladed weapons, as well as similar items with a limited area of destruction, as well as their repair and modernization, are also illegal acts.

At the same time, the article provides for less severe liability for the manufacture of edged weapons and other manipulations with them, namely:

compulsory work for up to 480 hours;
correctional labor for a period of 1 to 2 years;
restriction and imprisonment for up to 2 years.

If the court chose imprisonment as a punishment, the perpetrator may be additionally fined in the amount of 50,000 to 80,000 rubles. The amount of penalties may also be commensurate with the income of the perpetrator for a period of up to six months.

What determines the choice of type of punishment and its size?

The manufacture of weapons, as well as their repair and modernization, is a fairly serious crime, often entailing the commission of a new illegal act. In this regard, the responsibility for committing it is quite severe.

The most common type of punishment for committing a crime provided for in parts I, II and III of Art. 223, favors imprisonment. In case of committing an unlawful act provided for in Part 4, compulsory labor is most often assigned. The choice of type of punishment depends on various factors.

The main ones are:

the presence or absence of mitigating and aggravating circumstances;
the degree of danger of the consequences resulting from the commission of a crime;
number of weapons repaired, converted or modernized.

Also significant may be the fact of committing a crime under Art. 223 together with other illegal acts, for example, the sale of modernized or repaired weapons (Article 222).

What will change in 2022

On 01/02/2021, Federal Law No. 453-FZ of 12/22/2020 comes into force, which approved fines for late payment in procurement with restrictions for SMEs under 223-FZ. This law introduced Part 9 in Art. 7.32.3 of the Code of Administrative Offenses (CAO). Responsibility is introduced not only for violation of the terms of payment for goods, works, services under the contract, but also for non-payment of fulfilled obligations under a separate stage of the contract, which was concluded as a result of a procurement with restrictions for SMEs. The fine amount was set as follows:

from 50,000 to 100,000 rubles - for the customer;
from 30,000 to 50,000 rubles - for an official.

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Prohibited species

As it becomes clear from the above, there are a huge number of products that fall under the definition of edged weapons. At the same time, flails, brass knuckles, shurikens and boomerangs are completely prohibited. All of the listed products have an impact-crushing nature or are designed to be thrown, thus they pose an increased threat to society.

The article on edged weapons also states that specific social and service items that have characteristic features are prohibited.

These include:

piercing and cutting objects with blades longer than 90 millimeters;
blades and knives, the blades of which are pulled out from the handle by pressing a lever;
knives and blades, the blades of which extend from the handle due to acceleration or in accordance with the conditions of the laws of gravity.

A separate line considers products made in artisanal conditions. These can be various sharpenings, knives that are fashionable these days, made from diesel valves, brass knuckles cast from lead, etc.

Comments to Art. 223

Art. 223 has a blanket disposition. Thus, in order to impose punishment in accordance with its provisions, it is necessary to study a number of legal acts. It would not be amiss to study the comments to Article 223 of the Criminal Code of the Russian Federation.

The main ones are:

The object of the illegal act is the security of society in the area of arms trafficking. The objects of the crime do not include weapons that have a limited affected area.
The objective side is characterized by the manufacture, modernization or repair of weapons, their components and ammunition. Manufacturing is usually understood as production in an industrial or artisanal way. Repair is the restoration of the weapon's factory characteristics. Modernization is the giving of new performance qualities to a weapon.
Specified in Art. 223 acts entail criminal liability provided that they were carried out illegally. According to the Federal Law “On Weapons”, the manufacture and repair of weapons, as well as ammunition, are permitted exclusively to state-owned enterprises that have the appropriate license. Thus, the following are considered illegal: repairs, manufacturing and modernization carried out at a non-state enterprise, or at a state enterprise, but without the appropriate permit.
A crime is recognized as committed from the moment the actions aimed at manufacturing, repairing or modernizing weapons begin. However, it is not always possible to prove that the actions taken are aimed at achieving the specified goals.
The subjective side is characterized by guilt in the form of direct intent. A person guilty of committing an unlawful act understands that he does not have the right to perform the listed actions, but still wants to carry them out.

The subject of a crime can be any person who has reached the age of 16 and does not have mental disabilities.

Upcoming changes in fines

In 2022, a bill was published in the list of draft regulatory acts of the Federal Antimonopoly Service, which specifies planned sanctions providing for liability for violation of the procurement procedure and the procedure for mutual settlements under 223-FZ.

Type of violation	Fine for officials, rub.	Fine for the customer organization, rub.
Recognition of a participant as having evaded concluding a contract without legal grounds	50 000
Errors in the procedure for submitting clarifications on procurement documentation	2000–3000	10 000–30 000
Errors in the preparation or incomplete content of protocols for consideration of applications and protocols for summing up results for procurement under 223-FZ	2000–3000	5000–10 000
Intentional or unintentional underestimation of the deadlines established for the submission of applications by procurement participants under the order procedure; failure to comply with the deadlines required by 223-FZ for canceling a purchase	10 000–30 000	100 000–300 000
Failure to comply with the appropriate volume of purchases from small and medium-sized businesses under 223-FZ	30 000–50 000	100 000–300 000
Failure to comply with the essential terms of the agreement under 223-FZ regarding mutual settlements - violation of the deadline and payment regulations, lack of actual payment of the advance provided for by the terms of the agreement	30 000–50 000	50 000–100 000

Legal advice on comments to Art. 223 of the Criminal Code of the Russian Federation

Nikolay Bezdetko
Stas! Good evening! If you make a self-defense weapon in the form of a chainsaw chain, does this apply to edged weapons, and does it fall under Art. 222 of the Criminal Code of the Russian Federation. Thank you.
Question answered over the phone

Larisa Alexandrova

Do you need any permission for a Finnish NKVD knife?

Andrey!! As it happens, the Finns all relate to edged weapons, knives, depending on their characteristics, and this can only be determined by an examination examining a specific knife. For finks, hunting knives and other knives that fall under edged weapons...

Lyudmila Bolshakova

What is the penalty for carrying a combat knife-brass knuckles?

15 days That's what threatens without him - the question is. They will turn the alpha male into an omega male in the police department. :o) What could it be like to wear brass knuckles? ! Modern youth often carry some kind of edged weapon, or objects similar to it...

Timur Tolstodomov

where to buy an adapter from 223 rem to 22lr

on the Gunbroker website USA, for us it is 223 st. The Criminal Code of the Russian Federation is free for them!

Valentin Kokorkin

What is the responsibility for wearing metal brass knuckles? is it a melee weapon? the same question about the crossbow.. And if the brass knuckles are made of wood?

Lawyer's answer:

Valentina Antonova

Is Article 111 Part 3 covered by the amnesty, if not why not?

Lawyer's answer: