Article 16 of the Criminal Code of the Russian Federation. Current edition for 2022, comments and judicial practice

Article 16. Lost force

The appeal ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated August 26, 2019 N 5-APU19-63 considered in open court the material on the appeals and additions to them by M.A. Saparov, his defenders - lawyers O.V. Golub, Magomedova R.S. to the resolution of the Moscow City Court dated June 3, 2022, which recognized as legal and justified the decision of the Deputy Prosecutor General of the Russian Federation dated March 27, 2022 on extradition to the competent authorities of the Republic of Belarus for criminal prosecution under Part 1 of Art. , part 4 art. 209; Part 4 Art. , part 4 art. 209; Part 4 Art. , part 1 art. , part 4 art. 209 of the Criminal Code of the Republic of Belarus,

Appeal ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated August 22, 2019 N 34-APU19-2

In the appeal, the convicted Savelyev I.A. expresses disagreement with the sentence due to the excessive severity of the punishment imposed on him. In support of his arguments, he refers to the fact that thanks to his testimony, especially serious crimes were revealed, and he confirmed the testimony in court hearings, both in relation to himself and other accomplices in the crimes. Draws attention to the provision of assistance to the victim in the process of criminal actions, voluntary partial compensation for moral damage, an apology to the injured party, the very fact of a pre-trial agreement, the presence of a dependent young son, his participation in charitable activities, positive characterizing data. He also draws attention to the fact that he was involved in committing a crime. Requests a mitigation of punishment using the provisions of Art. of the Criminal Code of the Russian Federation, as well as on changing the category of crimes taking into account Art. Criminal Code of the Russian Federation.

Determination of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated May 23, 2017 N 58-UD17-12

- July 14, 2015 by the Komsomolsky District Court of the Khabarovsk Territory under clause “a”, part 3 of art. 158, paragraph “a”, part 2, art. 166 (2 crimes), part 3 of Art. , part 4 art. 166; pp. “a”, “c”, “d” part 2 art. 161, part 1 art. (2 crimes), paragraphs “a”, “c”, part 2 of Art. 158 of the Criminal Code of the Russian Federation on the basis of Part 3 of Art. of the Criminal Code of the Russian Federation to 6 years in prison, on the basis of Part 5 of Art. of the Criminal Code of the Russian Federation (with punishment for sentences dated March 24, 2015 and May 25, 2015) to 8 years in prison;

Determination of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated January 11, 2018 N 56-UD17-39

Lezhnev V.V. convicted of murder, committed repeatedly. However, in accordance with part 2 of Art. According to the Criminal Code of the Russian Federation, if an aggravating circumstance is provided as a sign of a crime, it in itself cannot be taken into account again when assigning punishment. Other signs of repeated crime provided for in Part 1 of Art. of the Criminal Code of the Russian Federation, there was no case.

What will happen to me under Article 162 of the Criminal Code of the Russian Federation? I am now 16 years old.

Hello. What will happen to me under Article 162 of the Criminal Code of the Russian Federation? I am now 16 years old.

Lawyer Antonov A.P.

Good afternoon

According to Art. 162 of the Criminal Code, robbery, that is, an attack for the purpose of stealing someone else’s property, committed with the use of violence dangerous to life or health, or with the threat of such violence, is punishable by forced labor for a term of up to five years or imprisonment for a term of up to eight years. with or without a fine in the amount of up to five hundred thousand rubles or in the amount of wages or other income of the convicted person for a period of up to three years. 2. Robbery committed by a group of persons by prior conspiracy, as well as with the use of weapons or objects used as weapons, is punishable by imprisonment for a term of up to ten years with a fine in the amount of up to one million rubles or in the amount of the wages or other income of the convicted person. for a period of up to five years or without it and with restriction of freedom for a period of up to two years or without it. 3. Robbery committed with illegal entry into a home, premises or other storage facility, or on a large scale, is punishable by imprisonment for a term of seven to twelve years with a fine in the amount of up to one million rubles or in the amount of the wages or other income of the convicted person for the period up to five years or without it and with restriction of freedom for a term of up to two years or without it. 4. Robbery committed: a) by an organized group; b) on an especially large scale; c) with the infliction of grievous harm to the health of the victim - shall be punishable by imprisonment for a term of eight to fifteen years with a fine in the amount of up to one million rubles or in the amount of the wages or other income of the convicted person for a period of up to five years, or without it and with restriction of freedom for for a period of up to two years or without it. According to Art. 15 of the Criminal Code, depending on the nature and degree of public danger, the acts provided for by this Code are divided into crimes of minor gravity, crimes of medium gravity, serious crimes and especially serious crimes. Crimes of minor gravity are recognized as intentional and careless acts, for the commission of which the maximum punishment provided for by this Code does not exceed three years of imprisonment. Crimes of average gravity are recognized as intentional acts, for the commission of which the maximum penalty provided for by this Code does not exceed five years of imprisonment, and careless acts, for the commission of which the maximum penalty provided for by this Code does not exceed ten years of imprisonment. Grave crimes are intentional acts, for the commission of which the maximum penalty provided for by this Code does not exceed ten years of imprisonment, and careless acts, for the commission of which the maximum penalty provided for by this Code does not exceed fifteen years of imprisonment. Particularly serious crimes are intentional acts, the commission of which is punishable by this Code in the form of imprisonment for a term of over ten years or a more severe punishment. Taking into account the actual circumstances of the crime and the degree of its public danger, the court has the right, in the presence of mitigating circumstances and in the absence of aggravating circumstances, to change the category of the crime to a less serious one, but not more than one category of crime, provided that for committing the crime specified in part three of this article, the convicted person is sentenced to a sentence not exceeding three years of imprisonment, or another more lenient punishment; for committing a crime specified in part four of this article, the convicted person is sentenced to a punishment not exceeding five years of imprisonment, or another more lenient punishment; for committing a crime specified in part five of this article, the convicted person is sentenced to a punishment not exceeding seven years of imprisonment. According to Art. 88 of the Criminal Code, the types of punishments imposed on minors are: a) fine; b) deprivation of the right to engage in certain activities; c) compulsory work; d) correctional labor; e) restriction of freedom; f) imprisonment for a certain period. A fine is imposed both if the convicted minor has independent income or property that can be levied on, or if there is none. A fine imposed on a convicted minor may, by a court decision, be collected from his parents or other legal representatives with their consent. A fine is imposed in the amount of one thousand to fifty thousand rubles or in the amount of the wages or other income of the convicted minor for a period of two weeks to six months. Compulsory work is assigned for a period of from forty to one hundred and sixty hours, consists of performing work that is feasible for a minor, and is performed by him in his free time from study or main work. The duration of execution of this type of punishment by persons under the age of fifteen years cannot exceed two hours a day, and by persons aged from fifteen to sixteen years - three hours a day. Correctional labor is assigned to convicted minors for a period of up to one year. Restriction of freedom is imposed on convicted minors as the main punishment for a period of two months to two years. Punishment in the form of imprisonment is imposed on convicted minors who committed crimes under the age of sixteen for a period of not more than six years. For the same category of minors who have committed particularly serious crimes, as well as for other convicted minors, punishment is imposed for a term of not more than ten years and is served in educational colonies. Punishment in the form of imprisonment cannot be imposed on a convicted minor who committed a crime of minor or medium gravity for the first time at the age of sixteen, as well as other juvenile convicts who committed crimes of minor gravity for the first time. When a convicted minor is sentenced to imprisonment for committing a grave or especially grave crime, the lower limit of punishment provided for by the relevant article of the Special Part of this Code is reduced by half. If a juvenile convict who has been given a conditional sentence has committed a new crime during the probationary period that is not particularly serious, the court, taking into account the circumstances of the case and the identity of the perpetrator, may re-decide on a conditional sentence, establishing a new probationary period and assigning fulfillment of certain duties provided for in part five of Article 73 of this Code. Thus, the answer to your question depends on part of Article 162 of the Criminal Code. But being a minor will be a mitigating circumstance in any case.

Sincerely, lawyer Anatoly Antonov, managing partner of the law firm Antonov and Partners.

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Code of the Russian Federation on Administrative Offenses

Chapter 15

Content

Chapter 17

Section II. SPECIAL PART

CHAPTER 16. ADMINISTRATIVE OFFENSE IN THE FIELD OF CUSTOMS AFFAIRS (VIOLATIONS OF CUSTOMS RULES)

(Chapter 16 as amended by Federal Laws dated August 20, 2004 N 118-FZ, dated December 6, 2011 N 409-FZ)

Article 16.1. Illegal movement of goods and (or) vehicles of international transportation across the customs border of the Customs Union

1. Violation of the procedure for the arrival of goods and (or) vehicles of international transportation into the customs territory of the Customs Union by importing them in addition to the places of movement of goods across the customs border of the Customs Union or other places established by the legislation of the member states of the Customs Union or outside the working hours of customs authorities or taking actions , directly aimed at the actual crossing of the customs border of the Customs Union by goods and (or) vehicles of international transportation upon their departure from the customs territory of the Customs Union in addition to the places of movement of goods across the customs border of the Customs Union or other places established by the legislation of the member states of the Customs Union or outside of working hours customs authorities or without the permission of the customs authority, -

entails the imposition of an administrative fine on citizens and legal entities in the amount of one-half to three times the value of goods and (or) vehicles that were the subjects of an administrative offense, with or without their confiscation, or confiscation of the items of an administrative offense; for officials - from ten thousand to twenty thousand rubles.

2. Concealing goods from customs control by using hiding places or other methods that make it difficult to detect goods, or by making some goods look like others when moving them across the customs border of the Customs Union -

entails the imposition of an administrative fine on citizens and legal entities in the amount of one-half to three times the value of the goods that were the subject of an administrative offense, with or without their confiscation and the confiscation of goods and (or) vehicles that were instruments of committing an administrative offense, or confiscation of items administrative offense; for officials - from ten thousand to twenty thousand rubles.

3. Reporting to the customs authority inaccurate information about the number of packages, their markings, name, gross weight and (or) volume of goods upon arrival to the customs territory of the Customs Union, departure from the customs territory of the Customs Union or placement of goods under the customs procedure of the customs transit or to a temporary storage warehouse by presenting invalid documents or using for these purposes a counterfeit means of identification or a genuine means of identification relating to other goods and (or) vehicles -

shall entail the imposition of an administrative fine on citizens in the amount of one thousand to two thousand five hundred rubles with or without confiscation of goods that were the subjects of an administrative offense, or confiscation of the subjects of an administrative offense; for officials - from five thousand to ten thousand rubles; for legal entities - from fifty thousand to one hundred thousand rubles with or without confiscation of goods that were the subjects of an administrative offense, or confiscation of the subjects of an administrative offense.

4. Submission to the customs authority of invalid documents for goods upon arrival to the customs territory of the Customs Union, departure from the customs territory of the Customs Union or placement of goods under the customs procedure of customs transit or in a temporary storage warehouse, if such documents could serve as a basis for non-compliance with the states established by international treaties — members of the Customs Union, decisions of the Commission of the Customs Union and regulatory legal acts of the Russian Federation, issued in accordance with international treaties of the member states of the Customs Union, prohibitions and restrictions, with the exception of non-tariff regulation measures, —

Notes:

1. For administrative offenses provided for in this chapter, persons carrying out entrepreneurial activities without forming a legal entity bear administrative liability as legal entities.

2. For the purposes of applying this chapter, invalid documents mean counterfeit documents, documents obtained illegally, documents containing false information, documents relating to other goods and (or) vehicles, and other documents that do not have legal force.

Article 16.2. Non-declaration or false declaration of goods

1. Failure to declare goods subject to customs declaration in the established form, except for the cases provided for in Article 16.4 of this Code, -

entails the imposition of an administrative fine on citizens and legal entities in the amount of one-half to two times the value of the goods that were the subjects of an administrative offense, with or without their confiscation, or confiscation of the items of the administrative offense; for officials - from ten thousand to twenty thousand rubles.

2. Statement by the declarant or customs representative during the customs declaration of goods of inaccurate information about their name, description, classification code according to the Unified Commodity Nomenclature for Foreign Economic Activity of the Customs Union, about the country of origin, about their customs value or other information, if such information served or could serve as the basis for exemption from payment of customs duties, taxes or for understating their amount, -

entails the imposition of an administrative fine on citizens and legal entities in the amount of one half to two times the amount of customs duties and taxes payable with or without confiscation of goods that were the subject of an administrative offense, or confiscation of the items of an administrative offense; for officials - from ten thousand to twenty thousand rubles.

3. Statement by the declarant or customs representative during the customs declaration of goods of false information about the goods or submission of invalid documents, if such information or documents could serve as a basis for non-compliance with the provisions established by international treaties of the member states of the Customs Union, decisions of the Commission of the Customs Union and regulatory legal acts of the Russian Federation, issued in accordance with international treaties of the member states of the Customs Union, prohibitions and restrictions, -

shall entail the imposition of an administrative fine on citizens in the amount of one thousand five hundred to two thousand five hundred rubles with or without confiscation of goods that were the subjects of an administrative offense, or confiscation of the subjects of an administrative offense; for officials - from ten thousand to twenty thousand rubles; for legal entities - from one hundred thousand to three hundred thousand rubles with or without confiscation of goods that were the subjects of an administrative offense, or confiscation of the items of an administrative offense.

Note. To calculate the amount of the administrative fine provided for by the sanction of Part 1 of this article imposed on citizens, the cost of goods for personal use transported by individuals across the customs border of the Customs Union is used. At the same time, the cost of goods transported across the customs border of the Customs Union with exemption from customs duties and taxes in accordance with the customs legislation of the Customs Union is excluded from the indicated value. (note introduced by Federal Law dated December 30, 2012 N 316-FZ)

Article 16.3. Failure to comply with prohibitions and (or) restrictions on the import of goods into the customs territory of the Customs Union or into the Russian Federation and (or) export of goods from the customs territory of the Customs Union or from the Russian Federation

1. Failure to comply with the prohibitions and restrictions established by international treaties of the member states of the Customs Union, decisions of the Commission of the Customs Union and regulatory legal acts of the Russian Federation issued in accordance with international treaties of the member states of the Customs Union, with the exception of non-tariff regulation measures, on the import of goods to customs territory of the Customs Union or to the Russian Federation and (or) export of goods from the customs territory of the Customs Union or from the Russian Federation, with the exception of cases provided for in part 4 of article 16.1, part 3 of article 16.2 of this Code -

2. Failure to comply with non-tariff regulation measures established by international treaties of the member states of the Customs Union, decisions of the Commission of the Customs Union and regulatory legal acts of the Russian Federation issued in accordance with international treaties of the member states of the Customs Union when importing goods into the customs territory of the Customs Union or into the Russian Federation and (or) when exporting goods from the customs territory of the Customs Union or from the Russian Federation, with the exception of cases provided for in Part 3 of Article 16.2 of this Code -

entails the imposition of an administrative fine on citizens in the amount of one thousand to two thousand rubles with or without confiscation of goods that were the subjects of an administrative offense, or confiscation of the items of an administrative offense; for officials - from five thousand to ten thousand rubles; for legal entities - from fifty thousand to one hundred thousand rubles with or without confiscation of goods that were the subjects of an administrative offense, or confiscation of the subjects of an administrative offense.

Article 16.4. Non-declaration or false declaration by individuals of cash and (or) monetary instruments

(as amended by Federal Law dated June 28, 2013 N 134-FZ)

Non-declaration or false declaration by individuals of cash and (or) monetary instruments transported across the customs border of the Customs Union and subject to written declaration, if these actions (inaction) do not contain a criminal offense -

entails the imposition of an administrative fine on citizens in the amount of one to two times the undeclared amount of cash and (or) the value of monetary instruments or confiscation of the subject of the administrative offense.

Notes: 1. For the purposes of applying this article, the amount of cash and (or) the value of traveler's checks in excess of that permitted by the customs legislation of the Customs Union for import (export) without customs declaration in writing is recognized as undeclared.

2. Conversion of cash and monetary instruments into the currency of the Russian Federation is carried out at the exchange rate of the Central Bank of the Russian Federation in effect on the day the administrative offense was committed or detected.

Article 16.5. Violation of the customs control zone regime

Movement of goods and (or) vehicles or persons, including officials of state bodies, with the exception of officials of customs bodies, across the border of the customs control zone or within its limits, or carrying out production or other economic activities without permission from the customs authority, if such permission is required, —

entails a warning or the imposition of an administrative fine on citizens in the amount of three hundred to five hundred rubles; for officials - from five hundred to one thousand rubles; for legal entities - from five thousand to ten thousand rubles.

Article 16.6. Failure to take action in the event of an accident or force majeure

1. Failure by the carrier in the event of an accident, force majeure or the occurrence of other circumstances preventing the delivery of goods and (or) vehicles to the place of arrival or to the place of crossing the customs border of the Customs Union, the stopping or landing of a watercraft or aircraft in designated places or transportation goods in accordance with customs transit, measures to ensure the safety of goods and (or) vehicles, with the exception of cases of irretrievable loss of goods and (or) vehicles due to circumstances that the carrier could not prevent and the elimination of which did not depend on him -

entails the imposition of an administrative fine on citizens in the amount of one thousand five hundred to two thousand rubles; for officials - from three thousand to four thousand rubles; for legal entities - from thirty thousand to forty thousand rubles.

2. Failure by the carrier to report to the nearest customs authority about an accident, force majeure or the occurrence of other circumstances preventing the delivery of goods and (or) vehicles to the place of arrival or to the place of crossing the customs border of the Customs Union, stopping or landing of a watercraft or aircraft in established places or transportation of goods in accordance with customs transit, about the location of goods and (or) vehicles, or failure to ensure the transportation of goods and (or) vehicles to the nearest customs authority or to another place specified by the customs authority -

entails the imposition of an administrative fine on citizens in the amount of three hundred to five hundred rubles; for officials - from five hundred to one thousand rubles; for legal entities - from five thousand to ten thousand rubles.

Article 16.7. Submission of invalid documents when performing customs operations

Submission by the declarant or other person to the customs representative or other person of documents for submission to the customs authority when performing customs operations, which entailed the statement to the customs authority by the customs representative or other person of false information about the goods and (or) non-compliance with the provisions established by international treaties of the member states of the Customs Union , decisions of the Commission of the Customs Union and regulatory legal acts of the Russian Federation, issued in accordance with international treaties of the member states of the Customs Union, prohibitions and restrictions, -

Article 16.8. Mooring to a water vessel or other floating craft under customs control

Mooring to a water vessel or other floating craft under customs control, except for cases where such mooring is permitted, -

entails the imposition of an administrative fine on citizens in the amount of five hundred to one thousand rubles; for officials - from one thousand to two thousand rubles; for legal entities - from ten thousand to twenty thousand rubles.

Article 16.9. Non-delivery, issuance (transfer) without the permission of the customs authority, or loss of goods or non-delivery of documents for them

1. Failure to deliver goods transported in accordance with customs transit to the place of delivery or issuance (transfer) without the permission of the customs authority or loss of goods under customs control -

shall entail the imposition of an administrative fine on citizens in the amount of one thousand five hundred to two thousand five hundred rubles with or without confiscation of goods that were the subject of an administrative offense; for officials - from ten thousand to twenty thousand rubles; for legal entities - from three hundred thousand to five hundred thousand rubles with or without confiscation of goods that were the subject of an administrative offense.

2. Failure to deliver customs, commercial or transport (shipment) documents for goods transported in accordance with customs transit to the place of delivery -

Article 16.10. Failure to comply with customs transit procedures

Failure by the carrier to comply with the customs transit period established by the customs authority or the route for the transportation of goods determined by the customs authority, or delivery of goods to a customs control zone other than that determined by the customs authority as the place of delivery -

Article 16.11. Destruction, removal, modification or replacement of identification means

Destruction, removal, change or replacement of means of identification used by the customs authority, without the permission of the customs authority, or damage or loss of such means of identification -

entails the imposition of an administrative fine on citizens in the amount of three hundred to one thousand rubles; for officials - from five hundred to two thousand rubles; for legal entities - from five thousand to twenty thousand rubles.

Article 16.12. Failure to comply with deadlines for filing a customs declaration or submitting documents and information

1. Failure to comply with the established deadlines for filing a full customs declaration during temporary periodic customs declaration, a final declaration for goods when declaring goods unassembled or disassembled, or a customs declaration and (or) the necessary documents and information when releasing goods before filing a customs declaration -

shall entail the imposition of an administrative fine on officials in the amount of three thousand to five thousand rubles; for legal entities - from ten thousand to fifty thousand rubles.

2. Filing a customs declaration in violation of the established deadlines in cases where the declaration is carried out after the actual export of goods -

shall entail the imposition of an administrative fine on officials in the amount of five thousand to ten thousand rubles; for legal entities - from fifty thousand to one hundred thousand rubles.

3. Failure to submit documents and information required for customs control within the time period established by the customs authority -

shall entail the imposition of an administrative fine on citizens in the amount of one thousand to two thousand five hundred rubles; for officials - from ten thousand to twenty thousand rubles; for legal entities - from one hundred thousand to three hundred thousand rubles.

4. Failure to comply with the deadline for filing a customs declaration for goods that were instruments, means of committing or objects of an administrative offense or crime -

entails the imposition of an administrative fine on citizens in the amount of one thousand to two thousand rubles; for officials - from three thousand to five thousand rubles; for legal entities - from ten thousand to fifty thousand rubles.

5. Failure of persons, including those carrying out activities in the field of customs business, to fulfill the obligation to store documents necessary for customs control, the storage of which is mandatory, -

shall entail the imposition of an administrative fine on officials in the amount of two thousand five hundred to five thousand rubles; for legal entities - from two hundred thousand to three hundred thousand rubles.

Article 16.13. Carrying out cargo or other operations with goods under customs control without permission or notification of the customs authority

1. Carrying out operations for unloading, loading, unloading, reloading (transshipment) or other cargo operations with goods under customs control, taking samples of such goods, opening premises or other places where such goods may be located, or replacing a vehicle international transportation transporting goods under customs control, without permission from the customs authority in cases where such permission is mandatory -

2. Carrying out unloading, reloading (transshipment) or other cargo operations with goods under customs control, or replacing an international transport vehicle carrying goods under customs control, without notifying the customs authority in cases where such notification is mandatory, —

Article 16.14. Violation of the procedure for placing goods in storage, the procedure for storing them, or the procedure for performing transactions with them

Violation of the established requirements and conditions for placing goods in a customs warehouse, temporary storage warehouse, other place of temporary storage or in a free warehouse, the procedure for their storage or the procedure for performing operations with goods under customs control without the permission of the customs authority in cases where such permission mandatory, except for the cases provided for in other articles of this chapter, -

shall entail the imposition of an administrative fine on citizens in the amount of five hundred to one thousand five hundred rubles; for officials - from two thousand to ten thousand rubles; for legal entities - from five thousand to twenty thousand rubles.

Article 16.15. Failure to submit reports to the customs authority

Failure to submit reports to the customs authority within the prescribed period in cases provided for by the customs legislation of the Russian Federation, as well as submission of reports containing false information, -

entails a warning or the imposition of an administrative fine on officials in the amount of two thousand to five thousand rubles; for legal entities - from twenty thousand to fifty thousand rubles. (as amended by Federal Law dated June 22, 2007 N 116-FZ)

Article 16.16. Violation of the terms of temporary storage of goods

Violation of the terms of temporary storage of goods -

shall entail the imposition of an administrative fine on citizens in the amount of one thousand five hundred to two thousand five hundred rubles; for officials - from ten thousand to twenty thousand rubles; for legal entities - from fifty thousand to one hundred thousand rubles with or without confiscation of goods that were the subject of an administrative offense. (as amended by Federal Law dated June 22, 2007 N 116-FZ)

Article 16.17. Submission of invalid documents for the release of goods before filing a customs declaration

Submission of invalid documents for the release of goods before filing a customs declaration, if the information contained in such documents influences the customs authority’s decision to release goods before filing a customs declaration -

shall entail the imposition of an administrative fine on officials in the amount of ten thousand to twenty thousand rubles; for legal entities - from fifty thousand to one hundred thousand rubles. (as amended by Federal Law dated June 22, 2007 N 116-FZ)

Article 16.18. Failure to export or re-import goods and (or) vehicles by individuals

1. Failure to export from the customs territory of the Russian Federation by individuals temporarily imported goods and (or) vehicles within the established time limits for temporary import -

2. Failure by individuals to re-import into the customs territory of the Russian Federation temporarily exported goods that are subject to mandatory re-import in accordance with the legislation of the Russian Federation -

entails the imposition of an administrative fine on citizens in the amount of the value of the goods that were the subject of an administrative offense.

Article 16.19. Non-compliance with customs regime

1. Failure to comply with the conditions for placing goods and (or) vehicles under a customs regime, the content of which provides for full or partial exemption from customs duties and taxes or a refund of amounts paid and (or) non-application of prohibitions and (or) restrictions of an economic nature established in accordance with with the legislation of the Russian Federation on state regulation of foreign trade activities, by declaring false information about goods and (or) vehicles, as well as by submitting invalid documents, if such information and documents could serve as the basis for placing goods and (or) vehicles under the specified customs regime, -

shall entail the imposition of an administrative fine on citizens in the amount of one thousand five hundred to two thousand five hundred rubles with or without confiscation of goods and (or) vehicles that were the subjects of an administrative offense, or confiscation of the subjects of an administrative offense; for officials - from five thousand to twenty thousand rubles; for legal entities - from one hundred thousand to five hundred thousand rubles with or without confiscation of goods and (or) vehicles that were the subjects of an administrative offense, or confiscation of the items of an administrative offense. (as amended by Federal Law dated June 22, 2007 N 116-FZ)

2. Use or disposal of goods and (or) vehicles in violation of the customs regime under which they are placed, including the transfer of the right to use the customs regime through the transfer of rights of possession, use or disposal in relation to goods and (or) vehicles, if this allowed in accordance with the customs regime, to another person without permission or written notification of the customs authority, -

shall entail the imposition of an administrative fine on citizens in the amount of one thousand five hundred to two thousand five hundred rubles with or without confiscation of goods and (or) vehicles that were the subjects of an administrative offense, or confiscation of the subjects of an administrative offense; for officials - from ten thousand to twenty thousand rubles; for legal entities - from one to two times the value of goods and (or) vehicles that were the subjects of an administrative offense, with or without their confiscation, or confiscation of the items of an administrative offense. (as amended by Federal Law dated June 22, 2007 N 116-FZ)

3. Failure to complete a customs regime in a timely manner, in respect of which a requirement for its completion has been established, -

entails the imposition of an administrative fine on citizens in the amount of one thousand to two thousand rubles; for officials - from ten thousand to twenty thousand rubles; for legal entities - from one-half to one-time the value of goods and (or) vehicles that were the subjects of an administrative offense, with or without their confiscation, or confiscation of the items of an administrative offense. (as amended by Federal Law dated June 22, 2007 N 116-FZ)

4. Failure to comply, when carrying out foreign trade barter transactions, with the requirements of the customs regime of export on the mandatory import into the customs territory of the Russian Federation of goods, works, services or exclusive rights to objects of intellectual property equivalent in value to exported goods, or on the crediting of funds to accounts in authorized banks, if foreign trade barter transactions involve the partial use of cash and (or) other means of payment, as well as failure to confirm the fact of fulfillment of such an obligation -

shall entail the imposition of an administrative fine on officials in the amount of ten thousand to twenty thousand rubles; for legal entities - from one-half to one-time the value of the goods that were the subject of an administrative offense. (as amended by Federal Law dated June 22, 2007 N 116-FZ)

Article 16.20. Illegal use or disposal of conditionally released goods or illegal use of seized goods

1. Use, transfer for use or possession or disposal in other ways of conditionally released goods in respect of which benefits are provided for the payment of customs duties and taxes in accordance with the legislation of the Russian Federation, or goods released without providing information and documents confirming compliance with restrictions, established in accordance with the legislation of the Russian Federation on state regulation of foreign trade activities, in violation of established prohibitions and (or) restrictions -

shall entail the imposition of an administrative fine on citizens in the amount of one thousand five hundred to two thousand five hundred rubles; for officials - from ten thousand to twenty thousand rubles; for legal entities - from one to two times the value of goods and (or) vehicles that were the subjects of an administrative offense, with or without their confiscation, or confiscation of the items of an administrative offense. (as amended by Federal Law dated June 22, 2007 N 116-FZ)

2. Use of goods that have been seized during customs control without permission from the customs authority -

shall entail the imposition of an administrative fine on officials in the amount of five thousand to ten thousand rubles; for legal entities - from ten thousand to thirty thousand rubles. (as amended by Federal Law dated June 22, 2007 N 116-FZ)

Article 16.21. Illegal acquisition, use, storage or transportation of goods and (or) vehicles

Acquisition, use, storage or transportation of goods and (or) vehicles that are illegally moved across the customs border of the Russian Federation and in respect of which customs duties, taxes have not been paid or prohibitions and (or) restrictions established in accordance with the legislation of the Russian Federation have not been observed on state regulation of foreign trade activities, or conditionally released goods and (or) vehicles, use, transfer for use or possession or disposal in other ways which are committed in violation of established prohibitions and (or) restrictions, -

entail the imposition of an administrative fine on officials in the amount of ten thousand to twenty thousand rubles; for legal entities - from one half to two times the value of goods and (or) vehicles that were the subject of an administrative offense, with or without their confiscation, or confiscation of the items of the administrative offense. (as amended by Federal Law dated June 22, 2007 N 116-FZ)

Article 16.22. Violation of deadlines for payment of customs duties

Violation of deadlines for payment of customs duties and taxes payable in connection with the movement of goods and (or) vehicles across the customs border of the Russian Federation -

shall entail the imposition of an administrative fine on citizens in the amount of five hundred to two thousand five hundred rubles; for officials - from five thousand to ten thousand rubles; for legal entities - from fifty thousand to three hundred thousand rubles. (as amended by Federal Law dated June 22, 2007 N 116-FZ)

Article 16.23. Illegal activities in the field of customs affairs

1. Carrying out customs operations on behalf of the declarant or other interested parties by a person not included in the Register of customs brokers (representatives), or included in the said Register on the basis of invalid documents, or excluded from it, except for cases where the obligation to perform customs operations has arisen before the exclusion of a customs broker (representative) from the specified Register or if the customs legislation of the Russian Federation grants the right to carry out customs operations without the requirement to include a person in the Register of customs brokers (representatives), -

shall entail the imposition of an administrative fine on citizens in the amount of one thousand five hundred to two thousand five hundred rubles; for officials - from two thousand to five thousand rubles; for legal entities - from ten thousand to fifty thousand rubles. (as amended by Federal Law dated June 22, 2007 N 116-FZ)

2. Carrying out activities as customs carriers, owners of temporary storage warehouses or owners of customs warehouses by persons included in the relevant register on the basis of invalid documents or excluded from the registers of persons carrying out activities in the field of customs affairs, except for cases where the implementation of such activities is related to completion of customs operations, the obligation to perform which arose before the exclusion of a person from the relevant register -

shall entail the imposition of an administrative fine on officials in the amount of two thousand to five thousand rubles; for legal entities - from ten thousand to fifty thousand rubles. (as amended by Federal Law dated June 22, 2007 N 116-FZ)

3. Failure to report or violation of the deadline for reporting to the customs authority about changes in the information specified in the application for inclusion in the registers of persons carrying out activities in the field of customs affairs -

entails a warning or the imposition of an administrative fine on officials in the amount of one hundred to five hundred rubles; for legal entities - from two thousand to ten thousand rubles. (as amended by Federal Law dated June 22, 2007 N 116-FZ)

Chapter 15

Content

Chapter 17

Commentary on Article 16 of the Criminal Code of the Russian Federation

Article 16 of the Penal Code of the Russian Federation. Institutions and bodies executing punishments

Commentary on Article 16 of the Penal Code of the Russian Federation:

1. The execution of criminal penalties is traditionally recognized as an exclusive function of the state, for the implementation of which, as a rule, specialized institutions and bodies are created. In this case, the fundamental provision is fixed in Art. 43 of the Criminal Code of the Russian Federation, - punishment is a measure of state coercion, imposed by a court verdict. The system of institutions and bodies executing criminal punishments in Russia has always been closely linked to the types of punishments established in criminal legislation. In the commented article, not only all types of criminal penalties provided for in Art. 44 of the Criminal Code of the Russian Federation, but also the bodies and institutions executing them are identified.

2. Execution of criminal punishment in the form of a fine in accordance with Part 1 of the commented article and Art. 72 of the Federal Law of July 21, 1997 N 119-FZ “On Enforcement Proceedings” is entrusted to the bailiffs of the territorial bodies of the Federal Bailiff Service (FSSP of Russia) at the place of residence (work) of the convicted person. The regulations on this service, its structure and staffing levels were approved by Decree of the President of the Russian Federation of October 13, 2004 N 1316. The duties and rights of bailiffs are established in Art. 12 of the Federal Law of July 21, 1997 N 118-FZ “On Bailiffs”. Execution of criminal punishment in the form of a fine is carried out in accordance with the general procedure established in the Federal Law “On Enforcement Proceedings”, but taking into account the features provided for in Art. Art. 31, 32 of the Penal Code of the Russian Federation.

3. Execution of punishment in the form of deprivation of the right to hold certain positions or engage in certain activities in accordance with Part 2 of the commented article is carried out by the penal inspection at the place of residence (work) of the convicted person, if this type of punishment is the main one. If deprivation of the right to hold certain positions or engage in certain activities is imposed as an additional punishment to restriction of freedom, imprisonment or detention in a disciplinary military unit, it is executed accordingly by a correctional center, correctional institution or disciplinary military unit.

Penal inspections are institutions that carry out criminal punishments not only against persons deprived of the right to hold certain positions or engage in certain activities, but also other punishments not related to the isolation of the convicted person from society. According to the commented article, penal inspections perform compulsory labor (Part 4), correctional labor (Part 5), and also monitor conditionally convicted persons (Part 13).

The procedure for the activities of penal inspections for the execution of the specified punishments and measures of a criminal legal nature without isolation from society is determined by the Decree of the Government of the Russian Federation of June 16, 1997 N 729 “On approval of the Regulations on penal inspections and the standard for their staffing” and the Order of the Ministry of Justice Russia dated April 12, 2005 N 38 “On approval of the Instruction on the procedure for the execution of sentences and measures of a criminal legal nature without isolation from society.”

4. For most of the institutions and bodies listed in the commented article, the execution of criminal penalties is the main function. However, the law provides for the existence of other institutions and bodies that directly implement the requirements of a sentence on deprivation of the right to hold certain positions or engage in certain activities, as well as on deprivation of a special, military or honorary title, class rank and state awards. These include the administration of the organizations in which the convicted person works, and the bodies authorized in accordance with the law to cancel permission to engage in the relevant types of activities (Part 2), as well as officials who previously awarded the convicted person a title, class rank or awarded a state award, or relevant authorities of the Russian Federation (Part 3 of the commented article).

5. According to Art. 5 of the Federal Law of January 8, 1997 N 2-FZ “On the implementation of the Criminal Executive Code of the Russian Federation” (as amended on January 10, 2002), penalties in the form of restriction of freedom and arrest were to be put into effect as soon as they were created necessary conditions for the execution of these types of punishments, but no later than 2005 and 2006, respectively. However, for various reasons, primarily related to the lack of financial resources for the construction of correctional centers and detention houses, this did not happen. On March 10, 2006, the State Duma adopted in the first reading draft federal law N 241727-4 “On amendments to legislative acts of the Russian Federation related to the exclusion of provisions on punishment in the form of arrest.” In the near future, arrest as a type of criminal punishment will be excluded from the legislation of the Russian Federation.

6. In accordance with Part 9 of the commented article, punishment in the form of imprisonment for a certain period is carried out by a colony-settlement, educational colony, medical correctional institution, correctional colony of general, strict or special regime or prison, as well as a pre-trial detention center in relation to convicts abandoned to carry out work on the economic maintenance of these institutions, and those sentenced to a term of not more than six months, left in pre-trial detention centers with their consent.

In addition, imprisonment for a certain period of time is carried out by medical and preventive institutions (Part 8 of Article 74 of the Penal Code of the Russian Federation), and separate correctional institutions for the detention of former employees of courts and other law enforcement agencies (Part 3 of Article 80 of the Penal Code of the Russian Federation).

7. For the maintenance of convicts serving life imprisonment, special correctional colonies of special regime are created. The specifics of execution (serving) of punishment in them are established in Art. 127 of the Penal Code of the Russian Federation.

8. According to the Resolution of the Constitutional Court of the Russian Federation of February 2, 1999 N 3-P “In the case of verifying the constitutionality of the provisions of Art. 41 and part 3 of Art. 42 of the Code of Criminal Procedure of the RSFSR, paragraphs 1 and 2 of the Resolution of the Supreme Council of the Russian Federation of July 16, 1993 “On the procedure for enacting the Law of the Russian Federation “On introducing amendments and additions to the Law of the RSFSR “On the Judicial System of the RSFSR”, the Code of Criminal Procedure of the RSFSR, the Criminal Code of the RSFSR and Code of the RSFSR on Administrative Offenses" in connection with the request of the Moscow City Court and complaints from a number of citizens," the death penalty cannot not only be executed, but also imposed by the courts until the establishment of jury trials in all constituent entities of the Russian Federation. According to Art. 8 of the Federal Law of December 18, 2001 N 177-FZ “On the implementation of the Criminal Procedure Code of the Russian Federation” (as amended on December 27, 2006), jury courts have been functioning since January 1, 2004 in all regions of Russia, for with the exception of the Chechen Republic, where they are introduced on January 1, 2010.

9. In relation to military personnel, punishments are executed by institutions or bodies of the Ministry of Defense of the Russian Federation: disciplinary military units, command of garrisons or military units (institutions).

10. In accordance with Part 14 of the commented article, penal inspections and correctional institutions, as well as correctional centers and arrest houses (if they are created), are included in the penal system, the functioning of which is carried out in accordance with the Penal Code of the Russian Federation and the Law of the Russian Federation “On institutions and bodies executing criminal penalties in the form of imprisonment.”