Article 146. Infringement of copyright and related rights
ST 146 of the Criminal Code of the Russian Federation.
1. Assignment of authorship (plagiarism), if this act caused major damage to the author or other copyright holder, 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 compulsory labor for a term of up to four hundred eighty hours, or correctional labor for up to one year, or arrest for up to six months. 2. Illegal use of objects of copyright or related rights, as well as the acquisition, storage, transportation of counterfeit copies of works or phonograms for the purpose of sale, committed on a large scale, is punishable by a fine in the amount of up to two hundred thousand rubles or in the amount of wages or other income of the convicted person. for a period of up to eighteen months, or by compulsory labor for a term of up to four hundred eighty hours, or by correctional labor for a term of up to two years, or by forced labor for a term of up to two years, or by imprisonment for the same term. 3. The acts provided for in part two of this article, if they are committed: a) have become invalid; b) by a group of persons by prior conspiracy or an organized group; c) on an especially large scale; d) by a person using his official position - shall be punishable by forced labor for a term of up to five years, or by imprisonment for a term of up to six years, with or without a fine in the amount of up to five hundred thousand rubles or in the amount of the wages or other income of the convicted person for a period of up to three years. such. Note. The acts provided for in this article are recognized as committed on a large scale if the cost of copies of works or phonograms or the value of the rights to use objects of copyright and related rights exceeds one hundred thousand rubles, and in an especially large amount - one million rubles. 1. Most of the elements of this crime are disclosed in the Resolution of the Plenum of the Supreme Court of the Russian Federation dated April 26, 2007.
corrective labor for up to six months or a fine of up to three hundred rubles.
If these actions were in the nature of torture -
imprisonment for up to three years.
147.
Forcible illegal deprivation of someone's freedom -
imprisonment or correctional labor for up to one year.
Deprivation of liberty in a manner dangerous to the life or health of the victim, or accompanied by causing him physical suffering, -
imprisonment for up to two years.
148.
Placing a known healthy person in a hospital for the mentally ill for mercenary or other personal purposes -
imprisonment for up to three years.
149.
Abduction, concealment or substitution of someone else's child for mercenary purposes, revenge or other personal reasons -
imprisonment for up to three years.
150.
Infecting another person with a venereal disease by a person who knew about the presence of this disease—
imprisonment for up to three years.
Knowingly placing another person through sexual intercourse or other actions at risk of contracting a venereal disease -
imprisonment or correctional labor for up to six months.
151.
Sexual intercourse with persons who have not reached puberty, associated with corruption or satisfaction of sexual passion in perverted forms -
imprisonment for a term of up to eight years.
Sexual intercourse with persons who have not reached puberty, committed without the specified aggravating characteristics -
imprisonment for up to three years.
152.
Corruption of minors or minors, committed through depraved acts against them, -
imprisonment for up to five years.
153.
Sexual intercourse with the use of physical violence, threats, intimidation or using, by deception, the helpless state of the victim (rape) -
imprisonment for up to five years.
If the rape resulted in the suicide of the victim or was committed against a person who has not reached puberty, or even has reached it, but by several persons -
imprisonment for up to eight years[39].
154.
Forcing a woman to engage in sexual intercourse or to satisfy sexual passion in another form by a person in relation to whom the woman was financially or professionally dependent -
imprisonment for up to five years.
154-a.
Sexual intercourse between a man and a man (sodomy) -
imprisonment for a term of three to five years.
Sodomy committed with the use of violence or taking advantage of the dependent position of the victim -
imprisonment for a term of five to eight years. (April 1, 1934 (SU No. 15, Art. 95)).
155.
Forcing prostitution, pandering, maintaining dens of debauchery, as well as recruiting women for prostitution, -
imprisonment for a term of up to five years with confiscation of all or part of the property.
156.
Deliberate abandonment without help of a person in a life-threatening condition, deprived of the opportunity to take self-protection measures due to his youth, senility, illness, or, in general, due to his helplessness, in cases where the person left without help was obliged to take care of the person left behind and had the opportunity to provide assistance , —
corrective labor for up to six months or a fine of up to three hundred rubles.
1561.
Failure by the captain of a ship to provide assistance to people dying at sea or on another waterway, if this assistance could have been provided without serious danger to the ship, crew and passengers, -
imprisonment for up to two years. (June 25, 1929 (SU No. 50, Art. 513)).
157.
Failure to provide assistance to a patient without good reason by a person obligated to provide it by law or by special rule -
corrective labor for up to one year or a fine of up to three hundred rubles.
Refusal of a person engaged in medical practice to provide medical care, if such a refusal could obviously have dangerous consequences for the patient -
imprisonment or correctional labor for up to one year or a fine of up to one thousand rubles.
158.
Malicious non-payment of funds for the maintenance of children, as well as the abandonment by parents of children until they reach adulthood without any support - is punishable by imprisonment for up to two years, with the costs of finding the person evading payment of alimony at his expense. (May 10, 1937 (SU No. 6, Art. 40)).
1581.
Using guardianship for personal gain (occupying living space, using property left after the death of parents, etc.) and leaving supervised children without supervision and necessary financial assistance -
imprisonment for up to three years.
Failure to take measures to protect and care for the upbringing of orphans by the chairmen of village councils and guardians appointed by village councils, who, by their actions or inaction, allowed these children to enter the path of vagrancy -
in relation to guardians - imprisonment for up to two years, in relation to chairmen of village councils - liability under Art. 111 of this Code. (November 25, 1935 (SU 1936 No. 1, Art. 1)).
159.
Insult inflicted on someone verbally or in writing—
a fine of up to three hundred rubles or public reprimand.
Insult inflicted on someone by action -
corrective labor for up to two months or a fine of up to three hundred rubles.
160.
Insult inflicted in distributed or publicly displayed printed works or images –
corrective labor for up to six months or a fine of up to three hundred rubles.
161.
Slander, i.e. dissemination of deliberately false fabrications disgracing another person,—
corrective labor for up to six months or a fine of up to five hundred rubles.
Libel in a printed or otherwise reproduced work -
corrective labor for up to one year or a fine of up to one thousand rubles.
Chapter Seven
Property crimes[40]
162.
Secret theft of someone else's property (theft) entails:
a) committed without the use of any technical means, for the first time and without conspiracy with other persons, -
imprisonment or forced labor for up to three months;
committed under the same conditions, but due to need and unemployment, in order to satisfy the minimum needs of one’s own or one’s family, -
corrective labor for up to three months;
b) committed repeatedly, or in relation to property that is obviously necessary for the existence of the victim -
imprisonment for up to six months;
c) committed with the use of technical means or repeatedly, or by prior agreement with other persons, as well as, although without specified conditions, committed at train stations, piers, ships, in carriages and hotels -
imprisonment for up to one year;
d) committed by a private person from state and public warehouses, wagons, ships and other storage facilities or in places of public use specified in the previous paragraph, through the use of technical means or in conspiracy with other persons or repeatedly, as well as committed even without the specified conditions by a person who had special access to these warehouses or guarded them, or during a fire, flood or other public disaster -
return 39
See Decree of the Presidium of the Supreme Soviet of the USSR of January 4, 1949 “On strengthening criminal liability for rape”
return 40
In relation to Art. Art. 162, 165, 166, 166-a, 167 and part 2 of Art. 169 see Decrees of the Presidium of the Supreme Soviet of the USSR of June 4, 1947, Resolution of the Plenum of the Supreme Court of the USSR of August 22, 1947 No. 12/6 and Resolution of the Plenum of the Supreme Court of the USSR of May 28, 1954 No. 5.
On approval of the Criminal Code of the RSFSR
(SZ RF, 1996, No. 1, Art. 54);_________________________________________________________________________ The Criminal Code of the RSFSR has the task of protecting the social system of the USSR, its political and economic systems, personality, rights and freedoms of citizens, all forms of property and the entire socialist legal order from criminal attacks (as amended .).To achieve this task, the Criminal Code of the RSFSR determines which socially dangerous acts are criminal and establishes penalties to be applied to persons who have committed crimes (as amended by the Decree of the Presidium of the Supreme Council of the RSFSR of December 3, 1982
- Gazette of the Supreme Soviet of the RSFSR. 1982, N 49, art. 1821).The Criminal Code of the RSFSR is based on the principles and general provisions established by the Fundamentals of the Criminal Legislation of the USSR and Union Republics. All-Union laws on criminal liability for state crimes and military crimes, as well as all-Union laws defining liability for other crimes directed against the interests of the USSR are included in this Code. Until all-Union criminal laws are included in the Criminal Code of the RSFSR, they are applied directly on the territory of the RSFSR. The general part of the Code applies both to the acts specified in this Code and to acts for which liability is provided for by all-Union laws that have not yet been included in this Code. Criminal liability and only a person guilty of committing a crime is subject to punishment, that is, who has intentionally or through negligence committed a socially dangerous act provided for by criminal law. No one can be found guilty of committing a crime, or subjected to criminal punishment except by a court verdict and in accordance with the law (edited)
Decree of the Presidium of the Supreme Soviet of the RSFSR of December 3, 1982
Decree of the Presidium of the Supreme Soviet of the RSFSR of December 3, 1982
Another comment on Art. 148 of the Criminal Code of the Russian Federation
1. The objective side of the crime is characterized by alternatively provided actions.
Obstruction of the activities of religious organizations should be understood as restriction of the activities of religious organizations in any form (for example, refusal to register a religious organization, closure of places and facilities intended for worship); “obstruction of religious rites” means depriving citizens of the opportunity to perform rituals dictated by their faith in any form. Use of violence or threat of its use, destruction or damage to property, etc. Criminal actions during the commission of the crime in question are qualified in conjunction with Art. 148 of the Criminal Code of the Russian Federation.
2. The specified actions must be illegal, i.e. be committed in violation of the procedure established by law (i.e. Federal Law of September 26, 1997 N 125-FZ “On Freedom of Conscience and Religious Associations”) of the procedure for state regulation of the activities of religious associations.
Article 145.1 of the Criminal Code of the Russian Federation. Non-payment of wages, pensions, scholarships, benefits and other payments
New edition of Art. 145.1 of the Criminal Code of the Russian Federation
1. Partial non-payment of wages, pensions, scholarships, allowances and other payments established by law for more than three months, committed out of mercenary or other personal interest by the head of an organization, an employer - an individual, the head of a branch, representative office or other separate structural unit of an organization -
shall be punishable by a fine in the amount of up to one hundred twenty thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to one year, or by deprivation of the right to hold certain positions or engage in certain activities for a term of up to one year, or by forced labor for a term of up to two years, or imprisonment for up to one year.
2. Complete non-payment of wages, pensions, scholarships, allowances and other payments established by law for more than two months, or payment of wages for more than two months in an amount below the minimum wage established by federal law, committed out of selfish or other personal interest by the head of the organization, the employer - an individual, head of a branch, representative office or other separate structural unit of an organization, -
shall be punishable by a fine in the amount of one hundred thousand to five hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to three years, or by forced labor for a period of up to three years, with deprivation of the right to hold certain positions or engage in certain activities for a period of up to three years, or without it, or imprisonment for a term of up to three 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.
Article 228 part 4 of the Criminal Code of the Russian Federation
Punishment under Art. 228, part 4 Art. 228 part 4 consists of two parts, which define liability for illegal transactions with precursors of psychotropic and narcotic drugs, committed on a large and especially large scale.
- imprisonment for up to five years with a fine in the amount of 200 to 300 thousand rubles or in the amount of the income of the offender for a period of up to 9 months or without it.
- restriction of freedom for up to four years;
The same acts, committed on an especially large scale or with the presence of aggravating circumstances, entail punishment:
- up to five years of imprisonment with a fine of 200 to 500 thousand rubles, or in the amount of the offender’s income for a period of up to 9 months or without it, or with restriction of freedom for up to two years or without it.
- up to four years of restriction of freedom;
Sources
- Citizen and Law No. 02/2016; IL - Moscow, 2016. - 879 p.
- Timofey, Nikolaevich Radko Theory of state and law in schemes and definitions / Timofey Nikolaevich Radko. - M.: Prospekt, 1981. - 403 p.
- Vikulova, O.N. Commentary on the Federal Law “On the Fundamentals of Tourism Activities in the Russian Federation” / O.N. Vikulova. - M.: Justitsinform, 2008. - 822 p.
- Svetunkov, S.G. On the issue of basic definitions of the theory of entrepreneurship / S.G. Svetunkov. - M.: Synergy, 2016. - 343 p.
- Principles of law: problems of theory and practice. Part 3 / Team of authors. - Moscow: SINTEG, 1987. - 560 p.
