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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Real-forces Changes to the Criminal Code of the RSFSR -Federal Law dated 13.06.96 N 64-FZ A to the Russian Federation On introducing changes and additions to the legislative Acts of the Russian Federation Illegal trade in . N 196-FZ; dated 21.03.2002. N 31-FZ; of 26.12.2008 N 293-FZ) This Law is intended to protect the rights and legitimate interests of consumers as well as the interests of the state in the transition to market relations. Article 1. Amend the Criminal Code of the RSFSR (Bulletin of the Supreme Soviet of the RSFSR, 1960, N 40, art. 591; 1969, N 47, sect. 1361; 1972, N 12, sect. (...) (...) 662; 1973, N 16, sect. 352; 1974, N 29, art. 782; 1977, N 12, sect. 225; 1980, 535; 1982, N 49, sect. 1821; 1984, N 5, sect. 168; 1985, N 15, sect. 564; 1986, No. 23, sect. 638; 1987, N 30, sect. 1087; 1988, No. 14, sect. 396; 1989, N 3, sect. 50; N 19, est. 487; N 37, Art. 1074; Congress of People's Deputies of the RSFSR and Supreme Soviet of the RSFSR, 1991, N 52, art. OF THE PRESIDENT OF THE RUSSIAN FEDERATION 894; N 47, sect. 2664; 1993, N 1, sect. 9; N 10, est. 360) the following changes and additions: 1. Articles 156 and 157 read as follows: " Article 156. Consumers ' Consumers Obmersion, Billing, Billing, Misleading Consumer Properties, Product Quality, or Other Shrink to Consumers in Shops, Other Undertaking Industries, or which provide services to the public, regardless of their form of ownership, or citizens who engage in business activities in the area of trade (services),- shall be punished by imprisonment for a term not less than two years or a fine of 50 to 15 years. Three hundred minimum wages with disqualification to occupy Certain posts or activities for up to five years or without. Same acts committed repeatedly or by prior conspiracy by a group of persons- shall be punished by imprisonment for up to five years or a fine of 300 to 1,000 minimum wages with deprivation of the right To hold certain positions or engage in certain activities for up to five years. The acts referred to in the first part of this article, committed by an organized group, or by a person previously convicted of consumer fraud or in large amounts,- shall be punished by imprisonment for a term of two to seven years with Confiscation of or without such property, with disqualification to hold certain positions or engage in certain activities for up to five years. The small size of the small consumer, committed repeatedly within a year after the imposition of an administrative penalty for the same offence- is punishable by a fine of between 30 and 100 times the minimum wage. Note. A fraud that has caused consumer damage to consumers in the amount of at least one minimum wage is the fraud of consumers in the large amount provided for in this article. A small amount of consumer fraud is a fraud that causes consumers to damage at least one tenth of the minimum wage. Article 157. Release or sale of goods, services do not meet security requirements Release or sale of goods, provision of services deliberately not meeting safety requirements for the life and health of consumers, customers, causing harm to human health or endangering the injury,- shall be punished by imprisonment for a term of up to three years or a fine from 100 to 500 times the minimum wage. The acts referred to in the first part of this article, committed by a person previously tried for the same offence, or resulting in death, serious bodily injury or other serious consequences,- shall be punished shall be punished by imprisonment for the term of three to eight years with confiscation of property and deprivation of the right to hold certain positions or engage in certain activities for a period of five years. " Chapter 6 of the Special Part is supplemented by Articles 154-3, 156-5, 156-6, 162-4, 162-5, as follows: " Article 154-3. Illegal increase or maintenance of prices Illegal increase or maintenance of prices resulting from monopolistic activities by creating obstacles to market access for other economic entities or seizure of goods from or other removal from consumers- is punishable by a fine of 300 to 1,000 times the minimum wage, or by disqualification from holding certain positions or occupying certain positions for a period of up to five years. The same acts committed by prior agreement between citizens-entrepreneurs, as well as by officials of economic entities or bodies of representative and executive power- are punished by deprivation Imprisonment for up to two years or a fine ranging from five hundred to two thousand minimum wages, with disqualification to hold certain positions or engage in certain activities for up to five years. Illegal raising or maintenance of prices through violence or threat of its use- is punishable by two to five years ' imprisonment with or without confiscation of property. The acts referred to in paragraphs 1 and 3 of this article committed by an organized group or by a person previously tried for the offences referred to in this article- shall be punished by imprisonment for a term of imprisonment from Up to seven years with confiscation of property. "; " Article 156-5. Breach of trade rules Sale of goods in enterprises and organizations trading, regardless of the form of ownership, as well as by citizens registered as entrepreneurs, in violation of established rules The sale of goods that are prohibited or restricted by the sale of goods that do not meet the requirements of standards, technical conditions and samples (standards), quality, packaging and packaging, or in violation of sanitary regulations, sale of goods without documents, containing information about the manufacturer, supplier or seller, and without the use of cash registers, committed after the imposition of an administrative penalty for the same offences,- shall be punished by imprisonment for the term of up to One year or a fine of up to three hundred times the minimum wage, with disqualification to hold certain positions or engage in certain activities for up to five years. The actions referred to in paragraph 1 of this article by an official of the enterprise or the organization of State trade, using his or her official position after the imposition of an administrative penalty One of these violations- shall be punished by imprisonment for up to two years with or without confiscation of property, or a fine of 200 to 500 times the minimum wage, with disqualification to hold certain positions, or To engage in certain activities for up to five years. Sales of goods in enterprises and organizations trading, regardless of the form of ownership, as well as by citizens registered as entrepreneurs, in violation of the established rules for the sale of goods, committed by a person who had previously been tried for violation of the rules of trade, consumer fraud, violation of state price discipline, illegal promotion and maintenance of prices, illegal business in the sphere of trade, sale of goods not responsible { \field { \field { \field { \field { \field { \field { \field { \field { \field up to five years with confiscation of property and deprivation of the right to hold certain positions or engage in certain activities for up to five years. Article 156-6. Violation of the state price discipline of the State controlled prices (tariffs) on products, goods, services, limit prices (tariffs), set of allowances for prices (tariffs), breach of declaration of prices, and In addition to the cases specified in articles 154-3, 156 of the present Code, committed after the imposition of an administrative penalty for the same offence, the penalty shall be imposed by a fine from the State party. Thousands of up to 2,000 minimum wages or deprivation The right to hold certain positions or engage in certain activities for up to five years. "; " Article 162-4. Illegal business Implementation of business without registration or without special authorization (licence), if required (licence) mandatory, as well as violation of licensing terms (illegal ), committed during the year after the imposition of an administrative penalty for the same violations,- shall be punished by imprisonment for a term of up to one year or a fine from 100 to 500 times the minimum wage, confiscation of property or without such property. Abandonment of business permitted exclusively to State enterprises- is punishable by imprisonment for up to two years or a fine from 500 to 1,000 minimum sizes The payment of labour with or without confiscation of property. Article 162-5. Illegal business in commerce Trade is subject to registration or licensing, without registration or special permit (licence), and is not subject to the conditions laid down in Permits (licenses) or other violations of business rules in the sphere of trade (illegal business) with the removal of uncontrolled income in large amounts- shall be punished by imprisonment for a term of up to four years, or a fine of three times the size of uncontrolled income with deprivation of liberty The right to hold certain positions or engage in certain activities for up to five years. Illegal business in the area of trade undertaken by an organized group, either with the removal of uncontrolled income in especially large amounts, or by a person who has previously been tried for the offence referred to in this article, shall be punished by imprisonment for a term of two to five years or a fine of five times the amount of uncontrolled income, with or without confiscation of property, and disqualification from holding certain positions or engaging in for a period of up to five years. Note. Uncontrolled income of a large amount, provided for in this article, is an income greater than fifty times the minimum wage; uncontrolled income in especially large amounts of income greater than one hundred and fifty Minimum wage. ". 3. In article 7-1, words "aggravated circumstances (art. 154, second and third);" be replaced by " unlawful increase or maintenance in aggravating circumstances (art. 154-3, parts three and four); consumer fraud; aggravating circumstances (art. 156, part three); aggravating circumstances (art. 157, part two); (art. 162-5, part two); ". 4. In the third paragraph of article 24 of article 24, after the words "defamation (art. 130)", add " unlawful promotion or maintenance of prices (art. 154-3, part one); violation of public discipline of prices (art. 156-6); Trade entrepreneurship (art. 162-5, part one); "; buyer and customer deception (art. 156, part two)", replace "consumer fraud (art. 156, parts one and two)"; the words " production of poor quality, of non-standard and incomplete goods (art. 157) "to be replaced by" production and sales " Goods that do not meet safety requirements (art. 157, part one). " Article 2. Amend the Code of Criminal Procedure of the RSFSR (Statements by Supreme Council of the RSFSR, 1960, N 40, sect. 592; 1963, N 36, sect. 661; 1965, N 50, sect. 1243; 1966, N 35, sect. 946; N 38, est. 1039; 1970, N 22, sect. 442; 1972, N 51, sect. 1207; 1973, N 16, sect. 353; 1974, No. 29, sect. 781-782; 1975, N 33, st. 699; 1977, N 12, sect. 257; 1978, N 15, sect. 410; 1980, N 20, est. 536; 1983, N 32, sect. 1158; 1984, N 5, Art. 168; 1985, N 5, sect. 163; N 40, sect. 1398; 1986, No. 23, sect. 638; 1987, N 27, sect. 961; N 36, est. 1295; N 43, sect. 1501; 1988, N 14, sect. 396-397; N 33, st. 1081; N 48, sect. 1529; 1989, N 16, sect. 397; N 28, est. 739; N 37, sect. 1074; Congress of People's Deputies of the RSFSR and Supreme Soviet of the RSFSR, 1991, N 15, Art. OF THE PRESIDENT OF THE RUSSIAN FEDERATION 1560; N 33, st. 1912; 1993, N 3, sect. 97) the following changes and additions: 1. Part 3 of Article 35 after the figure "152-1," should be supplemented with the words "154-3 of Part One,". 2. Part two of article 96, after the words "149 Part Two," should be supplemented by the words "154-3 parts of the second, third and fourth parts, 156 parts of the second and third, 157 parts of the second, 162 to 5 parts of the second,". 3. In article 126: , in the first word "156 part one", replace "156 parts of the first and fourth"; after "156-4," should be supplemented with "156-5 parts of the first and second,"; after "162-3," add "162-4,"; in the fourth part after the figure "152-1," complete with "154-3,"; replace "156 parts of the second" with "156 parts of the second and third"; after the words "156-4 Part Two", add ", 156-5, part three, 156-6,"; after " 162 parts "Second," add 162-5, ". 4. In article 414, the words "156 part one" should be replaced by the words "156 parts of the first and fourth"; after "156-4," should be supplemented with the words "156-5 parts of the first and second,"; after the figure "162-1,", add "162-4,". Article 3. (Spconsumed by Federal Law of 30.12.2001) N 196-FZ) Article 4. (Spconsumed by Federal Law 26.12.2008) N 293-FZ) Article 5. (Spconsumed by Federal Law of 21.03.2002) N 31-FZ) Article 6. To read the Act of the USSR, which does not operate in the Russian Federation, of 31 October 1990, "On increasing responsibility for speculation, illegal trade and trade," and for the abuse of trade ", and article 2 of the RSFSR Act of 28 February 1991 on the operation in the Soviet Union of the RSFSR Act of 31 October 1991 1990 " On increasing responsibility for speculation, Trading activities and trade abuse " -lost. President of the Russian Federation B. RURAL Moscow, House of the Russian Federation 1 July 1993 N 5304-I