Liability for smuggling in the Russian Federation: what is bootleg and when is it punishable by a fine, mandatory labor and imprisonment?

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What is smuggling? Description and definition of the concept.

Smuggling is the movement of valuables or goods across the customs border, in which the goods are partially or completely hidden from customs control, or during their transportation fraudulent documents or false declarations are used. Smuggling can be the movement of goods that are prohibited for transportation across the border - drugs, weapons, strategically important raw materials, cultural values, etc. As well as the movement of other goods, when it is carried out on a particularly large scale, and at the same time there is abuse of official rights on the part of authorized persons position. Smuggling is also considered the failure to return valuables to the territory of the state when they have been moved with the obligatory condition of their return.

Smuggling (Italian contrabbando, from contra - against and bando - government decree) is the illegal movement of valuables, goods and other items across the state border, the movement of valuables and other items that are accompanied by a violation of the requirements of customs legislation.

The object of smuggling is the interests or social relations that are associated with the protection of foreign economic activity.

Contraband item

In the Russian Federation, the subject of smuggling, according to the explanation of the Plenum of the Supreme Court of the Russian Federation in Resolution No. 6 of May 27, 2008 “On judicial practice in cases of smuggling”, according to paragraph 3 of this Resolution, can be any movable property that is moved through the state border and is recognized as a product by the Customs Code of the Russian Federation. Contraband item – and other items that are not goods (for example, a manuscript of a scientific article or an object of intellectual property on a tangible medium that does not have the price of a product, an industrial design). The subject of smuggling can also be Russian currency, traveler's checks, foreign currency, foreign and domestic securities in documentary form.

Criminal consequences

Of course, smuggling has a negative impact on law and order in any state. Today there is a significant globalization of economic relations in the world. At the same time, the boundaries of domestic crime are gradually disappearing. The diverse communities for which smuggling has long been a business are becoming increasingly sophisticated today. They are provided with financial, intellectual, and material resources. Smugglers often buy the favor of authorities and police representatives. They are able to lobby for necessary decisions in government agencies, initiate investigations, etc.

Methods of smuggling

In 2004, smugglers were able to put into operation a homemade illegal “vodka pipeline” on the border of Russia and Estonia; a similar one operated on the Lithuania-Latvia border.

Hides and containers in carry-on luggage and conventional types of transport
“Mule” or “camel” - used mainly for drug smuggling. The courier swallows containers with cargo and leaves by transport. It is easily detected and causes the death of the courier when the container ruptures.
Through underground tunnels
By armed means
Using off-road vehicles
By pack and horse-drawn transport
With the help of general aviation (the most famous example is the activities of Air America, organized by the CIA, which was involved in drug and weapons smuggling in Southeast Asia)
Using boats, small vessels, homemade semi-submarines and submarines (narco-submarines)
In medical and funeral supplies
With the help of trained animals
“Gray” cargo is the most common scheme. Cargo for one purpose is brought into the country under a different name with the help of corrupt government officials
Diplomatic cargo

Recommendations

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Smuggling as a crime that entails criminal liability

In most countries, smuggling usually entails criminal penalties.

Russia

Criminal liability for smuggling in the Russian Federation was provided for in Article 188 of the Criminal Code (CC RF). Smuggling is classified as a crime in the field of foreign economic activity. But this article has lost its force (Federal Law of December 7, 2011 N 420-FZ). Instead of it, 3 new articles were introduced in the Criminal Code of the Russian Federation:

Art. 226.1., Art. 200.1 and Art. 229.1.

According to Part I of Art. 188 of the Criminal Code of the Russian Federation, smuggling as a crime meant the movement across the customs border of the Russian Federation in large quantities of goods or other items, carried out with or without concealment from customs control or with the fraudulent use of customs identification means or documents, or which is associated with false declaration and non-declaration.

In Part II Art. 188 of the Criminal Code of the Russian Federation provides a list of items (goods), the smuggling of which entails severe criminal liability:

poisonous, potent, explosive, poisonous, radioactive substances, nuclear materials, radiation sources;
psychotropic substances, narcotic drugs, their analogues, equipment and tools that are under special control and are used for the manufacture and production of psychotropic substances and narcotic drugs;
cultural values and strategically important raw materials, in respect of which special rules for movement across the customs border of the Russian Federation are established.
explosive devices, firearms, weapons of mass destruction, ammunition, delivery vehicles, other weapons, other military equipment, as well as equipment and materials that can be used to create delivery vehicles, weapons of mass destruction, other weapons, other military equipment, in relation to to which special rules for transportation across the customs border of Russia are established.

Social harm

It is closely related to economic damage. Since the state budget does not receive significant funds, tension is created in expenditure items. Due to a shortage of financial resources, the state is cutting costs in certain areas. First of all, the lack of money affects the salaries of civil servants, military personnel, and other employees of budgetary organizations. Moreover, in the absence of the required amount of funds, there cannot be timely indexation of pensions and benefits. For example, the Federal Law “On Education” established that the salary of teachers should be no less than the salary of industrial workers. But in the period 1990-2000. this instruction was not implemented due to the budget deficit. Problems are also observed in the pension sector. The amount of payments is 20-25% of citizens’ previous earnings. However, in other countries this figure reaches 60-70%. At the end of the last - beginning of this century, the volumes of smuggling in Russia were enormous. Goods worth $12-15 billion were supplied annually.

Smuggling and counterfeiting (Part 1). Concept, classification and general characteristics of smuggling. Damage from smuggling