On Introducing Changes And Additions Into The Legislative Acts Of The Russian Federation In Connection With The Regularization Of Liability For Illegal Trade

Original Language Title: О внесении изменений и дополнений в законодательные акты Российской Федерации в связи с упорядочением ответственности за незаконную торговлю

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Ineffective portion of changes in the Criminal Code of the RSFSR-federal law 13.06.96 N 64-FZ z and c o n RUSSIAN FEDERATION on amendments and additions to legislation of the Russian Federation in connection with the regularization of liability for trafficking (as amended by the federal laws on out N 196-FZ;
from 21.03.2002 N 31-FZ; from 26.12.2008 N 293-FZ), this law aims at the protection of rights and legal interests of consumers, as well as the interests of the State in the context of the transition to a market economy.
Article 1. To the Criminal Code of the RSFSR (Gazette of the Supreme Soviet of the RSFSR, 1960, no. 40, p. 591; 1969, no. 47, art. 1361; 1972, N 12, art. 302; N 26, art. 662; 1973, N 16, art. 352; 1974, no. 29, art. 782; 1977, N 12, art. 225; 1980, N 20, art. 535; 1982, no. 49, St. 1821; 1984, N 5, art. 168; 1985, no. 15, St. 564; 1986, no. 23, art. 638; 1987, no. 30, art. 1087; 1988, N 14, art. 396; 1989, no. 3, art. 50; N 19, art. 487; N 37, art. 1074; Statements of the RSFSR Congress of people's deputies and the Supreme Soviet of the RSFSR, 1991, no. 52, art. 1867; Gazette of the Congress of people's deputies of the Russian Federation and the Supreme Soviet of the Russian Federation, 1992, no. 17, art. 894; N 47, St. 2664; 1993, N 1, art. 9; N 10, art. 360) the following amendments and supplements: 1. Outline the articles 156 and 157 should read as follows: "article 156. Consumer fraud Obmerivanie, obveshivanie, scoring, misrepresentation regarding consumer properties of the goods quality or other consumer fraud in stores at other enterprises engaged in sales of goods or rendering services to the population, irrespective of their form of ownership, as well as citizens engaged in business activities in the sphere of trade and services, shall be punished with imprisonment for a term not exceeding two years or a fine of from 50 to 300 times the minimum wage, with deprivation of the right to occupy certain positions or engage in certain activities for up to five years.
The same acts committed repeatedly or by prior conspiracy of a group of persons, shall be punishable by imprisonment for a term not exceeding five years or a fine of three hundred to one thousand times the minimum wage, with deprivation of the right to occupy certain positions or engage in certain activities for up to five years.
The actions referred to in paragraph 1 of this article committed by an organized group or by a person previously convicted of consumer fraud, or in large amounts, shall be punishable by deprivation of liberty for a term from two to seven years with or without confiscation of property and deprivation of the right to occupy certain positions or engage in certain activities for up to five years.
Consumer fraud in the small amount of committed repeatedly within one year after the imposition of an administrative penalty for the same violation, punishable by a fine of from thirty to one hundred times the minimum wage.
Note. Consumer fraud on a large scale, envisioned by this article is a hoax, causing consumers losses of not less than one minimum wage.
Consumer fraud in the small size is cheating, causing consumers losses in an amount not exceeding one tenth of the minimum wage.
Article 157. The issuance or sale of goods and services that do not meet safety requirements issuing or selling goods and services known to be safe for the life and health of consumers, clients, resulting in personal injury or endangerment causing such harm, shall be punishable by deprivation of liberty for a term not exceeding three years or by a fine of 100 to 500 times the minimum wage.
The actions referred to in paragraph 1 of this article, committed by a person previously convicted of the same offence or resulting in death, serious bodily injury or other grave consequences, shall be punishable by deprivation of liberty from three to eight years with confiscation of property and deprivation of the right to occupy certain positions or engage in certain activities for a period of five years.
2. the sixth Chapter of the special part of the supplement articles 154-156, 3-5, 156-162, 6-162, 4-5 to read as follows: "article 154-3. Illegal raising or maintaining Illicit price increase or price maintenance, committed as a result of monopolistic activities by impeding market access to other business entities, or withdrawal of the goods from circulation, or deter them from implementing or another address from the consumers,-shall be punishable by a fine of three hundred to one thousand times the minimum wage or by deprivation of the right to hold certain positions or practise certain activities for up to five years.
The same actions committed by prior agreement between citizens-businessmen, as well as officials of economic entities or agencies of representative and executive authorities, shall be punishable by imprisonment for a term not exceeding two years, or a fine from five hundred to two thousand times the minimum wage, with deprivation of the right to occupy certain positions or engage in certain activities for up to five years.
Illegal raising or maintaining prices by means of violence or threat of violence shall be punished with imprisonment for a term of two to five years with or without confiscation of property.

The actions referred to in paragraphs 1 and 3 of this article committed by an organized group or by a person previously convicted of offences under this article shall be punishable by deprivation of liberty for a term of three to seven years with confiscation of property. ";" Article 156-5. Sale of goods break trade rules in enterprises and organizations engaged in trafficking, regardless of their form of ownership, and citizens registered as entrepreneurs, in violation of the established rules of the sale of goods, as well as illegal trade in goods, a free implementation of which is prohibited or restricted the sale of goods not conforming to the requirements of the standards, specifications and samples (standards) for quality, completeness and packaging, or in violation of regulations , selling goods without documents containing information about the manufacturer, the supplier or the seller, as well as without the use of cash machines following the imposition of an administrative penalty for the same offence shall be punishable by deprivation of liberty for a term not exceeding one year or a fine of 100 to 300 times the minimum wage, with deprivation of the right to occupy certain positions or engage in certain activities for up to five years.
The actions referred to in paragraph 1 of this article, if committed by an official of the State trading enterprise or organization is using his official position after the imposition of the administrative penalty on him for one of those violations, shall be punishable by deprivation of liberty for up to two years with or without confiscation of property or a fine from two hundred to five hundred minimum wages with the deprivation of the right to occupy certain positions or engage in certain activities for up to five years.
Sale of goods by enterprises and organizations carrying out trade, regardless of their form of ownership, and citizens registered as entrepreneurs, in violation of the established rules of the sale of goods by a person previously convicted of a violation of trade rules, consumer fraud, violation of State discipline prices, illegal raising and maintaining prices, illegal enterprise in the field of trade, the sale of goods that do not meet security requirements, shall be punished by deprivation of liberty for between three and five years with confiscation of property and deprivation of the right to occupy certain positions or engage in certain activities for up to five years.
Article 156-6. Violation of State discipline prices Overstatement state regulated prices (tariffs) for products, goods, services, marginal prices (tariffs), established allowances (extra charge) to prices (tariffs), violation of the order declaring the prices and tariffs or other deliberate violation of State discipline prices, except in the cases specified in articles 154-3, 156 of this code, following the imposition of an administrative penalty for the same violation, shall be punishable by a fine of one thousand to two thousand times the minimum wage or by deprivation of the right to hold certain positions or practise certain activities for up to five years. ";" Article 162-4. Illegal entrepreneurship entrepreneurial activity without registration or without special permission (license), if such a permit (license), as well as in violation of the license conditions (illegal business) committed within one year after the imposition of an administrative penalty for the same violation, shall be punished with imprisonment for a term not exceeding one year or a fine of one hundred to five hundred minimum wages, with or without confiscation of property.
Unauthorised business activity permitted solely State-owned enterprises, shall be punished with imprisonment for a term not exceeding two years, or a fine from five hundred to a thousand times the minimum wage, with or without confiscation of property.
Article 162-5. Illegal enterprise in the trade trade Implementation subject to registration or licensing, without registration or a special permission (license), as well as in violation of the conditions prescribed in a permit (license), or other breaches of the rules of business in trade (illegal business) with uncontrolled large proceeds shall be punished with imprisonment for a term not exceeding four years or a fine of three times the magnitude of an uncontrolled income and deprivation of the right to occupy certain positions or engage in certain activities for up to five years.
Illegal enterprise with trade, committed by an organized group, or with uncontrolled income on an especially large scale, or by a person previously convicted of an offence within the scope of this article,

shall be punished by imprisonment for a term of two to five years or a fine of five times the magnitude of uncontrolled income, with or without confiscation of property and deprivation of the right to occupy certain positions or engage in certain activities for up to five years.
Note. Uncontrolled income on a large scale, the procedure provided for in this article, is income, the amount of which exceeds fifty times the minimum wage; uncontrolled large-scale income-income exceeding one hundred and fifty times the minimum wage. "
3. Article 7-1 the words "speculation in aggravating circumstances (art. 154, parts two and three);" was replaced by "illegal raising or maintaining prices under aggravating circumstances (art. 154-3, part of the third and fourth); consumer fraud under aggravating circumstances (art. 156, part three); production and sale of goods that do not meet security requirements, under aggravating circumstances (art. 157, part two); illegal entrepreneurship in Commerce under aggravating circumstances (art. 162-5, part two). "
4. In the third subparagraph of article 24, paragraph 4, after the words "libel (art. 130);" add the words "illegal raising or maintaining prices (article 154-3, part 1); violation of State discipline prices (article 156-6); illegal enterprise in the field of trade (art. 162-5, part 1) "; the words "cheat buyers and customers (art. 156, part two)", replace the words "consumer fraud (art. 156, parts one and two)"; the phrase "placing on the market of substandard, non-standard and incomplete goods (art. 157)" were replaced by the words "the production and sale of goods that do not meet safety requirements (article 157, part one)."
Article 2. To amend the code of criminal procedure of the RSFSR (Gazette of the Supreme Soviet of the RSFSR, 1960, no. 40, p. 592; 1963, no. 36, art. 661; 1965, no. 50, art. 1243; 1966, no. 35, St. 946; N 38, St. 1039; 1970, N 22, art. 442; 1972, N 51, art. 1207; 1973, N 16, art. 353; 1974, no. 29, art. 781-782; 1975, no. 33, art. 699; 1977, N 12, art. 257; 1978, no. 15, St. 410; 1980, N 20, art. 536; 1983, no. 32, St. 1158; 1984, N 5, art. 168; 1985, N 5, art. 163; N 40, St. 1398; 1986, no. 23, art. 638; 1987, no. 27, art. 961; N 36, art. 1295; N 43, St. 1501; 1988, N 14, art. 396-397; N 33, art. 1081; N 48, art. 1529; 1989, N 16, art. 397; N 28, art. 739; N 37, art. 1074; Statements of the RSFSR Congress of people's deputies and the Supreme Soviet of the RSFSR, 1991, no. 15, St. 494; Gazette of the Congress of people's deputies of the Russian Federation and the Supreme Soviet of the Russian Federation, 1992, N 25, art. 1560; N 33, art. 1912; 1993, no. 3, art. 97) the following amendments and supplements: 1. Part three of article 35 after numbers "152-1," add the words "154-3 part one".
2. The second part of the article, after the words "96 149 part two," add the words "154-3 parts of the second, third, and fourth, the second and third parts of the 156, 157 part two, 162-5, part 2".
3. Article 126: in the first part of the word "156 paragraph 1" were replaced by the words "paragraphs 1 and 4, 156"; After the 156-4 digits "," add the words "156-5, parts 1 and 2"; After the 162-3 digits "," Supplement number "162-4,";
in the fourth part of the digit "1-152," complement numeral "154-3"; the word "156 part two" should be replaced by the words "second and third parts of 156"; After the words "156-4 part two" add the words ", 156-5 part 3, 156-6,"; After the words "part two," 162 complement numeral "162-5".
4. In Article 414:156 paragraph 1 "were replaced by the words" paragraphs 1 and 4, 156 "; After the 156-4 digits "," add the words "156-5, parts 1 and 2"; After the 162-1 "," Supplement number "162-4".
Article 3. (Repealed-federal law out N 196-FZ), Article 4. (Repealed-the Federal law from 26.12.2008 N 293-FZ), Article 5. (Repealed-federal law N March 31-FZ), Article 6. Not applicable on the territory of the Russian Federation Act of the USSR dated October 31, 1990 year on strengthening responsibility for speculation, illegal commercial activities and for abuses of trade ", and article 2 of the Act of the RSFSR" on February 28, 1991 action on the territory of the RSFSR Law of the USSR dated October 31, 1990 year on strengthening responsibility for speculation, illegal commercial activities and for abuses of trade "-lapsed.
Russian President Boris Yeltsin in Moscow, the Russian House of Soviets July 1, 1993-5304 N (I)