ST 287 of the Criminal Code of the Russian Federation.
1. Wrongful refusal to provide or evasion of providing information (documents, materials), as well as provision of knowingly incomplete or false information to the Federation Council of the Federal Assembly of the Russian Federation, the State Duma of the Federal Assembly of the Russian Federation or the Accounts Chamber of the Russian Federation, if these acts were committed by an official obligated to provide such information - shall be punishable by a fine in the amount of up to two hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to eighteen months, or by deprivation of the right to hold certain positions or engage in certain activities for a period of two to five years, or by forced labor for a term of up to three years, or arrest for a term of up to six months, or imprisonment for a term of up to three years.
2. The same acts committed by a person holding a public office of the Russian Federation or a public office of a constituent entity of the Russian Federation are punishable by a fine in the amount of one 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. , or forced labor for a term of up to five years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years or without it, or imprisonment for a term of up to five years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years or without it.
3. Acts provided for in parts one or two of this article, if they: a) involve the concealment of offenses committed by officials of public authorities; b) committed by a group of persons by prior conspiracy or by an organized group; c) entailed grave consequences - shall be punished by forced labor for a term of up to five years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years or without it, or imprisonment for a term of up to eight years with deprivation of the right to hold certain positions or engage in certain activities. activities for a period of up to three years.
Commentary to Art. 287 Criminal Code
1. The objective side is described alternatively as an act in the form of action (providing knowingly incomplete or false information to the Federation Council, State Duma or Accounts Chamber) or inaction (illegal refusal to provide or evasion from providing information (documents, materials) to the specified government bodies).
The illegality of the refusal presupposes the obligation to provide information (documents, materials) on the basis of the law (see Federal Law of May 8, 1994 N 3-FZ “On the status of a member of the Federation Council and the status of a deputy of the State Duma of the Federal Assembly of the Russian Federation”, Federal Law of 27 December 2005 N 196-FZ “On the parliamentary investigation of the Federal Assembly of the Russian Federation”, Federal Law of January 11, 1995 N 4-FZ “On the Accounts Chamber of the Russian Federation”).
2. The crime is completed from the moment the refusal is sent or incomplete or false information is sent; Failure to meet deadlines to provide information (documents, materials) in the absence of a direct refusal expressed in written or oral form cannot be considered a crime.
3. Special subject of the crime: an official obliged to provide relevant information.
4. Among the signs of a particularly qualified personnel (part 3) it is necessary o, which involves concealing any offenses (including administrative and disciplinary) committed by officials of public authorities, and item “c”, which implies grave consequences (see commentary to Article 286 of the Criminal Code).
Comments on the article
The objective side of the crime is characterized by:
- unlawful (i.e. not based on the law) refusal to provide information (documents, materials) to the Federation Council, the State Duma of the Federal Assembly of the Russian Federation or the Accounts Chamber of the Russian Federation;
- avoidance of providing information;
- provision of knowingly incomplete or knowingly false information.
Refusal to provide information is a clear written or oral statement by an official that information will not be provided. The motives and reasons for non-provision do not matter.
When evading the provision of necessary information, an official, without declaring an unwillingness to provide it, delays its provision, most often under flimsy pretexts.
Incomplete information does not contain all the necessary information and data requested by the Federal Assembly of the Russian Federation or the Accounts Chamber of the Russian Federation, or required to be provided periodically by law or other regulatory act. False information is information that does not correspond to reality or distorts the true state of affairs.
The crime is considered completed from the moment of expressed refusal to provide information, the beginning of evasion from providing it, or reporting (providing) false information.
The subjective side of the crime is characterized by direct intent. Providing false or incomplete information due to error, inattention and other reasons excluding intent, under certain conditions, may be qualified as negligence (Article 293 of the Criminal Code).
A special subject of a crime is an official obliged to provide information. As a rule, this is the head of the relevant body.
Paragraph “a” of Part 3 of the commented article talks about the concealment of offenses by officials of public authorities. It does not matter whether it conceals its own offense or one committed by another official of the specified body.
For the characteristics of a grave consequence, see the commentary to Art. 285 CC. Fault for these consequences can be either intentional or reckless.
Second commentary to Art. 287 of the Criminal Code of the Russian Federation
1. The immediate object is the normal activity of the chambers of the Federal Assembly and the Accounts Chamber of the Russian Federation.
The subject of the crime is information in the form of documents or materials. Document (documented information) is information recorded on a tangible medium with details that make it possible to identify such information or, in cases established by the legislation of the Russian Federation, its tangible medium (Article 2 of the Federal Law “On Information, Information Technologies and Information Protection” dated July 27, 2006 ).
2. According to the Rules of Procedure of both chambers of the Federal Assembly of the Russian Federation, each of them has the right to receive the necessary information from other government bodies and organizations. The Federal Law “On the Accounts Chamber of the Russian Federation” gives the same right to the Accounts Chamber of the Russian Federation.
Refusal to provide information is also unlawful in cases where it is requested by a deputy, a group of deputies, a committee of the chambers of the Federal Assembly, an auditor or an inspector of the Accounts Chamber of the Russian Federation.
3. The objective side can be expressed in any of the forms provided by law:
1) unlawful refusal to provide information;
2) evasion of providing it;
3) provision of obviously incomplete information;
4) provision of knowingly false information.
Unlawful refusal to provide information is an action consisting of a negative response (notification that information will not be provided) to a request from a competent authority or person to whom the perpetrator was obliged to provide the required information in accordance with the established procedure, but refuses it without good reason. provide.
Avoidance of providing information consists of inaction, i.e. or in the actual failure to provide information without responding to a request at all, or in “unsubscribes” containing far-fetched reasons for not providing information. In all such cases, the official does not want to satisfy the request, but does not openly show his reluctance.
Providing deliberately incomplete information is a mixed inaction in which an official only partially provides the requested information, deliberately avoiding providing another important part of it, which makes an objective and correct assessment of the requested information impossible.
Providing knowingly false information means deliberate distortion of the requested information, i.e. in providing information that is completely or partially untrue.
The crime is considered completed from the moment the actions described in the law are committed or the required actions are not performed.
4. The subjective side of the crime is characterized by direct intent.
5. The subject of the crime is special, i.e. an official who is officially responsible for providing the required information to the chambers of the Federal Assembly of the Russian Federation or the Accounts Chamber of the Russian Federation.
6. A qualified crime (Part 2) involves the commission of a crime by a person holding a public position in the Russian Federation or a public position in a constituent entity of the Russian Federation (see comments to Article 285 of the Criminal Code). The commission of a crime by the head of a local government body does not form the qualifying characteristic under consideration.
7. Particularly qualified personnel (part 3) are characterized by the presence of any of three characteristics:
a) the crime involves the concealment of offenses committed by officials of a public authority;
b) it was committed by a group of persons by prior conspiracy or by an organized group;
c) it entailed grave consequences.
Concealing offenses committed by government officials means concealing information about the facts of offenses committed (not only criminal ones), about the circumstances of their commission, or about those responsible for their commission.
The commission of a crime by a group of persons by prior conspiracy means that the acts were committed by two or more officials, each of whom, in accordance with their official status, is obliged to provide the required information to the chambers of the Federal Assembly of the Russian Federation or the Accounts Chamber of the Russian Federation, if they do so in advance, i.e. before the crime began, they agreed among themselves to commit it together. But to qualify a crime as committed by an organized group, it is not necessary that the stable group consist only of the mentioned officials; it is sufficient that it includes at least two such persons who have entered into stable criminal connections with other persons, both officials and non-officials.
Grave consequences as a particularly qualifying feature is an evaluative concept and covers consequences that are different in nature and degree of danger: significant distortion of data on the execution of the state budget, aggravation of relations between different branches of government, disruption of the plan of legislative activity of the Federal Assembly of the Russian Federation, discrediting state bodies authorities, etc.
Commentary on Article 287 of the Criminal Code of the Russian Federation
1. In accordance with Art. 94 and 95 of the Constitution, the Federal Assembly of the Russian Federation (Parliament of the Russian Federation) is a permanent representative and legislative body of the Russian Federation. The Federal Assembly consists of two chambers - the Federation Council and the State Duma.
1.1. According to Art. 16 Federal Law of 05/08/1994 N 3-FZ “On the status of a deputy of the Federation Council and the status of a deputy of the State Duma of the Federal Assembly of the Russian Federation” <1> members of the Federation Council and deputies of the State Duma have the right to receive the necessary information from state authorities and local governments , public associations, enterprises, institutions, organizations. Officials of the relevant entities are obliged to promptly provide the required information and documentation, regardless of their degree of secrecy, on the basis of federal legislation on state secrets. ——————————— <1> NW RF. 1999. N 28. Art. 3466.
2. To exercise control over the execution of the federal budget, the Federation Council and the State Duma form the Accounts Chamber, the composition and procedures of which are determined by the Federal Law of January 11, 1995 N 4-FZ “On the Accounts Chamber of the Russian Federation” (as amended on July 25, 2006) < 1>. ——————————— <1> NW RF. 1995. N 3. Art. 167; 2001. N 53 (part 1). Art. 5030; 2002. N 28. Art. 2790, N 52 (part 1). Art. 5132; 2003. N 27 (part 1). Art. 2700, N 52 (part 1). Art. 5038; 2004. N 27. Art. 2711, N 33. Art. 3370, N 49. Art. 4844; 2006. N 31 (part 1). Art. 3427.
2.1. According to Art. 13 Federal Law “On the Accounts Chamber of the Russian Federation” all government bodies in the Russian Federation, local governments, the Central Bank of Russia, enterprises, institutions, organizations, regardless of their form of ownership, and their officials are obliged to provide, at the request of the Accounts Chamber of the Russian Federation, the information necessary to ensure her activities.
3. The social danger of the crime lies in the fact that refusal to provide information to the Federal Assembly of the Russian Federation or the Accounts Chamber of the Russian Federation may negatively affect the activities of these state bodies, as well as the state apparatus as a whole, since obtaining objective and accurate information from relevant officials ensures normal functioning of these structures. This circumstance is of particular importance during the period of reforming all the most important spheres of life in our society and building a democratic rule of law state.
4. The object is social relations that ensure the normal functioning of the Federal Assembly of the Russian Federation and the Accounts Chamber of the Russian Federation, in accordance with the objectives of their activities.
4.1. The subject of the encroachment is official documents (certificates, reports, analytical reviews, written responses to requests from parliament deputies, etc.) containing deliberately incomplete or false information on certain issues of interest to the Federal Assembly or the Accounts Chamber of the Russian Federation.
5. From the objective side, elements of a crime can be expressed both in action and inaction: a) unlawful refusal to provide information to the Federal Assembly or the Accounts Chamber of the Russian Federation (refusal is an open manifestation of reluctance to provide the required information without legal grounds); b) evasion of providing the requested information, which means a veiled refusal to provide the necessary information under various far-fetched pretexts (illness, lack of necessary signatures, failure to receive data from the field, difficulties in processing material, etc.); c) provision of deliberately incomplete information, when the provided materials or documents lack a significant part of the information, which distorts the content of the information; d) providing knowingly false information, i.e. information that does not correspond to reality (incorrect figures, distorted facts, etc.).
5.1. The elements of the crime (parts 1, 2) are formal. The crime is completed (by elements) at the moment of commission of any of the above actions (inaction).
6. The subjective side is characterized by direct intent: the perpetrator realizes that he unlawfully refuses to provide information or avoids providing it to the Federation Council, the State Duma or the Accounts Chamber of the Russian Federation, being obliged to do so, or provides incomplete or false information, and desires this. Motives and goals may be different and do not have an impact on the qualification of the crime, however, they are usually taken into account when assigning punishment.
7. The subject of a criminal attack can only be an official whose official duties include providing information to the bodies listed in the law.
7.1. Despite the fact that the law obliges the Federal Assembly of the Russian Federation or the Accounts Chamber of the Russian Federation to provide the necessary information and documentation to the heads of enterprises, institutions, organizations, regardless of their form of ownership, persons performing managerial functions in commercial and other organizations cannot be brought to justice for a crime , provided for comment. article. If they have the necessary objective and subjective characteristics, they may be subject to the Criminal Code under Art. 201.
8. A qualified type of encroachment (Part 2) is present in cases where the acts specified in Part 1 of the comment. articles committed by a person holding a public position in the Russian Federation or a public position in a constituent entity of the Russian Federation (see paragraph 6 of the commentary to Article 285).
9. Part 3 art. 287 establishes a particularly qualified element of this crime.
9.1. Paragraph “a” provides for stricter liability for refusal to provide information, evasion of providing it, or provision of knowingly false or incomplete information, if these acts were associated with the concealment of offenses committed by government officials. In this case, we are talking about concealing both malfeasance and disciplinary offenses committed by officials of state bodies. At the same time, an official, when committing this act, can hide an offense committed both by himself and other officials of public authorities.
9.2. Clause “b” establishes an increased penalty for committing the acts specified in parts 1 and 2 of the comment. article, by a group of persons by prior conspiracy or by an organized group (see commentary to Article 35).
9.3. Clause “c” provides for the occurrence of grave consequences, the content of which is not disclosed and represents an assessment category. These include, in particular, the destabilization of the work of the Federal Assembly of the Russian Federation or the Accounts Chamber of the Russian Federation, the emergence of tension in relations between the legislative and executive branches of government, an inadequate response of legislators to events in international life, the adoption of an erroneous legislative decision, the onset of an economic crisis, violation of the constitutional rights of significant the number of citizens and similar consequences that resulted from the failure to provide information or the provision of deliberately incomplete or false information.
10. The acts described in parts 1 and 2 of the comment. articles belong to the category of moderate gravity, in part 3 - to serious crimes.
Commentary on Article 287 of the Criminal Code of the Russian Federation
Commentary edited by Rarog A.I.
1. The subject of the crime is information, i.e. information about certain facts, events and phenomena. Information, as the subject of the crime in question, can be expressed in the form of documents or materials.
Within the meaning of the instructions contained in a number of regulatory legal acts, a document is a material medium with information recorded on it in the form of text, sound recording, image, or their combination, which has details that allow it to be identified and intended for transmission in time and space for certain purposes. (public use, official, fiscal, etc.) (see, for example, paragraph 11 of article 2 of the Federal Law of July 27, 2006 “On information, information technologies and information protection”; part 2 of article 84 of the Code of Criminal Procedure ; part 2 of article 89 of the APC). The subject of the crime in question is not only an official document in the narrow sense of the word (see commentary to Article 292 of the Criminal Code), but also any other document that falls within the sphere of competent activity of the perpetrator.
Since the concept of “materials” is ambiguous, the subject of the crime in question should be considered information, regardless of the form of its medium (oral and written reports, certificates, analytical reviews and forecasts, geodetic, cartographic, topographical, hydrographic, aerospace survey and gravimetric materials, etc.) .
2. The objective side of the crime is characterized by an act in the form of both action and inaction. The law provides for four types of criminal acts, each of which constitutes the crime in question:
1) unlawful refusal to provide information - a response to a corresponding request, which contains an unambiguously expressed reluctance to provide documents or materials without valid reasons;
2) evasion of providing information - a form of refusal that can be represented in three cases: firstly, it can be a response to a request that does not contain the requested information with various kinds of explanations for the impossibility of providing it (for example, the culprit is busy, lack of necessary information) ; secondly, evasion forms a response to a request that does not contain the information that was requested; finally, evasion are cases when the request to provide information is completely ignored;
3) provision of knowingly incomplete information - a form of refusal in which information is provided incompletely for the perpetrator, as a result of which its correct assessment is impossible (passive deception);
4) provision of knowingly false information - a form of refusal in which the bodies of representative power are informed or transmitted information that does not correspond to reality (active deception). If the form of refusal in question was accompanied by falsification of official documents, committed out of other personal interest, qualification is required for the totality of crimes provided for in Art. Art. 287 and 292 of the Criminal Code.
3. The crime in question constitutes a refusal to provide information to the following addressees: the Federation Council, the State Duma, the Accounts Chamber, individual deputies, groups of deputies upon their requests or appeals, chamber committees, parliamentary commissions, individual auditors and inspectors of the Accounts Chamber (see Art. Art. 13, 14, 41 of the Federal Law of May 8, 1994 “On the status of a member of the Federation Council and the status of a deputy of the State Duma of the Federal Assembly of the Russian Federation”; Articles 6, 12, 13, 26, 27 of the Federal Law of January 11, 1995 "On the Accounts Chamber of the Russian Federation"; Article 20 of the Federal Law of December 27, 2005 "On Parliamentary Investigations of the Federal Assembly of the Russian Federation").
4. The crime is completed at the time of commission of any of the above acts.
5. The subjective side of the crime is characterized by direct intent.
6. The subject of the crime in question is an official who is obliged to provide information to the chambers of the Federal Assembly or the Accounts Chamber. Current legislation is based on the fact that all officials are obliged to provide the information required by these bodies and persons, necessary to ensure their activities.
7. A qualified crime (Part 2 of Article 287 of the Criminal Code) means its commission by a person holding a public position in the Russian Federation or a public position in a constituent entity of the Russian Federation (see paragraph 12 of the commentary to Article 285 of the Criminal Code).
8. A particularly qualified refusal to provide information is provided for in Part 3 of Art. 287 CC.
Paragraph “a” provides for increased criminal liability if the crime involves concealing offenses committed by officials of public authorities, i.e. information about the facts and circumstances of the commission of crimes, administrative offenses and disciplinary offenses (at least one) by officials of public authorities, or about the persons who committed them.
Clause “b” provides for liability for any type of refusal committed by a group of persons by prior conspiracy and by an organized group (parts 2 and 3 of Article 35 of the Criminal Code). A refusal is considered to be committed by a group of persons by prior conspiracy if two or more officials, each of whom is obliged to provide certain information, refuse to do so, having previously agreed. An organized group, in addition to at least two officials, may include non-officials, and the provision (non-provision) of information itself can be committed by one of the accomplices.
Clause “c” provides for such a special qualifying feature as the occurrence of grave consequences as a result of failure. These include the aggravation of political confrontation between branches of government, the adoption by the chambers of the Federal Assembly of unfounded resolutions, the disruption of the legislative plan, etc.
Part 1 art. 287 of the Criminal Code of the Russian Federation
Unlawful refusal to provide or evasion of providing information (documents, materials), as well as provision of knowingly incomplete or false information to the Federation Council of the Federal Assembly of the Russian Federation, the State Duma of the Federal Assembly of the Russian Federation or the Accounts Chamber of the Russian Federation, if these acts were committed by an official obliged provide such information is punishable by a fine in the amount of up to two hundred thousand rubles or in the amount of the wages or other income of the convicted person for a period of up to eighteen months, or by deprivation of the right to hold certain positions or engage in certain activities for a period of two to five years, or by forced labor for a term of up to three years, or arrest for a term of up to six months, or imprisonment for a term of up to three years.
Contents of Art. 287 TK
At the beginning, the features of providing benefits and guarantees for part-time workers who:
- combine work with training;
- work in the regions of the Far North and territories legally equivalent to them.
It is indicated that benefits and compensation for them are provided only at their main place of work.
The second part of the article states that other guarantees and compensations are provided to part-time workers in full. Their sources may be:
- relevant laws;
- relevant regulations;
- agreements;
- collective agreements;
- local regulations of the employer.
The considered article, as can be seen from its provisions, especially distinguishes two groups of part-time workers in terms of receiving benefits: those who study in parallel with work and workers in the territories of the Far North. It also establishes a general procedure for obtaining benefits for other categories of part-time workers and provides a list of their legal sources.
Part 2 art. 287 of the Criminal Code of the Russian Federation
The same acts committed by a person holding a public position in the Russian Federation or a public position in a constituent entity of the Russian Federation are punishable by a fine in the amount of one 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, or forced labor for a term of up to five years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years or without it, or imprisonment for a term of up to five years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years, or without one.
Part 3 art. 287 of the Criminal Code of the Russian Federation
Acts provided for in parts one or two of this article, if they:
a) are associated with the concealment of offenses committed by officials of public authorities;
b) committed by a group of persons by prior conspiracy or by an organized group;
c) entailed grave consequences - shall be punished by forced labor for a term of up to five years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years or without it, or imprisonment for a term of up to eight years with deprivation of the right to hold certain positions or engage in certain activities. activities for a period of up to three years.
Article 286.1 of the Criminal Code of the Russian Federation. Failure of an employee of an internal affairs body to comply with an order
Article 288 of the Criminal Code of the Russian Federation. Assignment of powers of an official
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