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On Introducing Changes And Additions Into The Criminal Code Of The Rsfsr And The Code Of Criminal Procedure Of The Rsfsr On Administrative Offences

Original Language Title: О внесении изменений и дополнений в Уголовный кодекс РСФСР и Кодекс РСФСР об административных правонарушениях

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Overtaken by force-Federal Law 13/06/96 N 64-FZ (in the part Criminal Code of the RSFSR) Unauthorized-Federal Law from 30.12.2001 N 196-FZ Russian Federation amending and supplementing the Criminal Code of the RSFSR and RSFSR Code on administrative offences Adopted by the State Duma on 24 March 1995 Article 1. Amend the Criminal Code of the RSFSR (Bulletin of the Supreme Soviet of the RSFSR, 1960, N 40, art. 591; 1982, N 49, sect. 1821; 1990, N 1, sect. 3; Statements of Congress of People's Deputies of the RSFSR and the Supreme Soviet of the RSFSR, 1990, N 21, st. 232; 1991, N 18, sect. Representatives of the Russian Federation and the Supreme Soviet of the Russian Federation, 1992, 2664) the following changes and additions: 1. Articles 132, 133 and 133-1 should read: " Article 132. Obstruction of the exercise by a citizen of the Russian Federation of his or her electoral rights or the work of the electoral commissions Obstruction of the free exercise of the Russian Federation by a citizen of the Russian Federation or the right to participate in the referendum, or obstructing the work of election commissions (referendum commissions) or members of election commissions (referendum commissions), connected to bribery, deceit, the use or threat of use of violence, and The destruction of property or the threat of destruction of property- is punishable by up to three years ' imprisonment or a fine of up to two hundred times the minimum wage. The same acts committed by an official by the abuse of their official position or by a person in respect of which the citizen was materal or dependent,- shall be punished by imprisonment for a term of imprisonment from One year to three years or a fine of 200 to 300 times the minimum wage. The actions provided for in the first and second sections of this article, committed by an organized group- are punishable by deprivation of liberty for a period of between three and five years. Article 133. Podlog, falsification of election documents (referendum documents), deliberately wrong counting of votes or establishing results elections (referendum) Sublog, i.e. membership election commission (referendum commission), official or person certifying the correctness of the subscription list, in the electoral documents (documents of the referendum), including in the lists of voters and in the lists of voters, false information, records, or forgery, cleanup of specified documents, check mark by the other number, and the compilation and issuance by these persons of false documents known to be false, or the determination of the results of the election (referendum)- shall be punished by imprisonment for a term of up to three years or a fine up to 300 minimum wage levels. The forgery of documents referred to in the first part of this article or the deliberate distortion of the results of elections (referendums) by another person- is punishable by imprisonment for up to two years or a fine of up to two hundred The minimum wage. Coercion to commit the acts referred to in paragraphs 1 and 2 of this article, connected to bribery, deception, violence or threat of use, destruction of property or threat of destruction of property; (a) is punishable by a term of imprisonment of one to five years or a fine of 200 to four hundred times the minimum wage. Article 133-1. Violation of the electoral legislation (referenda legislation) by a person formerly subjected to an administrative penalty Violation of the electoral legislation (referendum legislation), committed by a person who during the year has been subjected to an administrative penalty for the same offence,- shall be punished by imprisonment for a term of six months to two years or a fine of up to two hundred times the minimum wage. " Article 2. Commit to RSFSR Code of Administrative Offences. 909; 1985, N 40, sect. 1398; 1986, No. 6, sect. 176; N 23, sect. 638; 1987, N 27, sect. 961; 1988, N 12, est. 341; N 31, sect. 1005; 1989, N 10, sect. 246; N 50, sect. 1477; 1990, N 1, sect. 3; N 10, est. The Congress of People's Deputies of the RSFSR and the Supreme Soviet of the RSFSR, 1990, N 21, Art. 232; 1991, N 15, sect. 492; N 18, sect. 567; N 52, sect. 1867; 1992, N 3, sect. OF THE PRESIDENT OF THE RUSSIAN FEDERATION 894; 1993, N 32, sect. 1231; N 33, st. 1313; Legislative Assembly of the Russian Federation, 1995, No. 6, Art. 453; Russian newspaper, 1995, 15 March, N 52) as follows: 1. Articles 40 to 1-40-5 should read: " Article 40-1. Obstruction of the exercise by a citizen of the Russian Federation of his or her electoral rights or the work of the electoral commission Obstruction of the free exercise of the Russian Federation by a citizen of the Russian Federation or the right to participate in a referendum and the violation of the secrecy of the vote- shall entail a fine of ten to fifty times the minimum wage, and on officials from 20 to 100 minimum wages rates of remuneration. Interference by officials of the work of the election commission (referendum commission) or interference by officials in the work of the commissions or members of the election commission (commissions on The holding of a referendum) in connection with the performance of their duties- is punishable by a fine of 20 to 100 times the minimum wage. Failure of the election commission (referendum commission) to provide the necessary information and materials to the Commission for its work or failure to comply with the decision of the commission within its powers- shall be punishable by a fine of between ten and twenty times the minimum wage. Article 40-2. Conduct of agitation in connection with elections (referendum) during its prohibition by federal law, law or other regulatory legal act of legislative (representative) bodies The State authorities of the constituent entities of the Russian Federation- shall have a fine of between ten and fifty times the minimum wage. Article 40-3. Disseminating false information about the candidate Propagation of the candidate to the deputies or elected office by publishing or otherwise false information in order to influence the outcome of the elections- results in a fine The minimum wage is between ten and fifty times the minimum wage and the minimum wage for officials from 20 to 100. Article 404. Violation of the rights of a member of the election commission (Referendum Commission), Observer or a foreign (international) observer Violation of the statutory rights of a member of the election commission (a referendum commission), a trustee of an election association or a candidate for a deputy, an observer or a foreign (international) observer- shall be fined between ten and fifty times the minimum rates of remuneration. Article 40-5. Violation of the right of citizens to read the list of voters Violation by a member of the election commission (referendum commission) of citizens ' right to become acquainted with the electoral list (list of persons entitled to (a) Participation in the referendum), or the non-review by the law of the period of application for irregularity in the voter list or the refusal to give the citizen a written reply stating the reasons for the rejection of the application for correction voters (list of eligible voters) or non-compliance the court's decision to correct the voter list (the list of persons entitled to participate in the referendum) within the prescribed time- results in a fine of a member of the election commission (the commission for holding the referendum) Ten minimum wage levels. ". 2. Add the following articles to the RSFSR Code on Administrative Offences: Article 406. Issuance of ballot papers (ballot papers) for the purpose grant them voting power for others Issuance by a member of the election commission (commission of inquiry) citizens of ballot papers (ballot papers) in order to enable them to vote for other persons- shall be fined from ten to twenty times the minimum wage. Article 40-7. Refusal of the employer to grant leave to participate in the elections (referendum) Refusal of the administration (employer) to grant a registered candidate to a registered candidate or elected office, a candidate's confider or a member of the election commission prescribed by law to participate in the preparation and conduct of the elections to the public authorities and to the local government bodies (referenda)- shall be punishable by a fine in the amount of ten to ten years. Fifty minimum wage levels. Article 40-8. Violation of the pre-election campaign conditions for the election campaign of the mass media violation of the media and the conditions of electoral campaigning stipulated by the election campaign The law (referendum legislation)- entails the imposition of a fine of ten to fifty times the minimum wage in the editor-in-chief, other liable person or journalist. Article 40-9. Production or distribution of anonymous campaign materials Production or distribution during the preparation and conduct of elections to the state and local government bodies (referendum) In the case of non-organizations and the persons responsible for their release- , a fine of 10 to 50 times the minimum wage is imposed. Article 40-10. Deliberate destruction, damage to campaign materials printed materials intentional destruction, damage of portraits of candidates to deputies or elected office, posters with their biography, other campaign printed materials Materials worn on buildings, structures and other objects with the consent of the owner or other owner of these objects,- shall be punishable by a fine of up to ten times the minimum wage. Article 40-11. Failure to submit or publish reports on cost of preparation and elections (referendum) Failure to submit a candidate, person, elected deputy or elected office, or Electoral association (electoral block) of information on the amount of income (donations) to the electoral funds and on sources of electoral funds, as well as a report on all expenditures made for the elections- entails the imposition of a fine on the candidate, the person elected by the deputy or the elector A post or an authorized representative of the electoral association, in the amount of ten to one hundred minimum wages. Non-publication by the Chairman of the Electoral Commission (Referendum Commission) or by a person acting in accordance with the law of the time frame for the expenditure of the budget allocated for the preparation and holding of elections to the bodies The State authorities or the local authorities (referendum), as well as the information and reports referred to in the first part of this article- shall be liable to a fine of up to fifteen times the minimum wage. Article 40-12. Illegal acceptance of donations by a candidate or an electoral association (electoral bloc) Illegal acceptance by the candidate or elected office or by an electoral association (an electoral block) donations, in any form, from a foreign State, a foreign citizen or a foreign organization, from an international organization or an international public association, from Russian legal entities with foreign Involves- results in a fine on the candidate or The authorized representative of the electoral association (the electoral unit) in an amount equal to three times the amount of the donation and the confiscation of the objects of the donation. Article 40-13. Failure to provide or not to publish results of voting or election results Failure to provide the Chairman of the precinct election commission with an introduction to the citizen of the Russian Federation, or A foreign (international) observer of the results of voting required to grant under the applicable law- shall be liable to a fine of five to ten times the minimum wage. The same act, committed by the Chairman of the territorial election commission, as well as the violation of the timing of the publication or the partial publication of the information established by the electoral legislation (referendum legislation) The results of the voting (referendum)- shall be punishable by a fine of between ten and fifteen times the minimum wage. The same acts committed by the president of the district election commission, as well as the violation of the timing of the publication or the partial publication of the information provided by the electoral legislation (referendum legislation) The results of the elections (referendums)- are punishable by a fine of between 15 and 20 times the minimum wage. The same acts committed by the chairman of the election commission of a constituent entity of the Russian Federation- shall be punishable by a fine of between 20 and 50 times the minimum wage. The same acts committed by the Chairman of the Central Election Commission of the Russian Federation- shall be punishable by a fine of between 50 and 100 times the minimum wage. ". 3. Article 202 should read as follows: " Article 202. District People's Courts (People's Judges) People's judges of district (municipal) people's courts hear cases of administrative offences referred to in articles 40-1-40-13, 44, 46-1, 49, 49-1, 104-1, 137, 146-3-146-6, 150, 150-2, 151, 156, 158, part three of article 162, Articles 164-1, 165-165-3, 165-5-165-6, 165-8, 166-1, 167, 171-1-171-3, 183-1, 183-2, 193-1, 193-2, 193-1, 193-2 of this Code. ". 4. Part two of article 247, as follows: " When dealing with cases of administrative offences referred to in articles 40 to 1, 40-13, 46-1, 49, 137, 150, 150-2, 151, 158, part three of article 162, articles 165 to 165-3, 165-5, 165-8, 166-1, 167, 171-1-171-3, 183-183-3 of this Code, the presence of a person engaged in administrative responsibility is mandatory. In case of evasion without valid reasons from the summons to appear at the summons of the internal affairs authority, the border forces or the people's judge, the person may be the organ of internal affairs (the police) subjected to the transmission. ". 5. Part two of article 257, as follows: " Cases relating to administrative offences under articles 40-1, 40-2, 40-4 to 40 -6, 40-10, 44, 153, 158, parts one, two and three, and articles 165 to 165-3, 165-5 of this Code shall be considered within 24 hours; Article 137, 146-3-146-5, 150, 150-2, 150-3, 151 and 16166-1 of this Code shall be considered within three days, in accordance with articles 46 to 1 and 49 of this Code, within five days; Articles 93 to 95, 146, 156, 165 to 6 of the present Code period. ". 6. Article 274, paragraph 1, should read: " The ruling of the People's Court for Administrative Offences under Articles 40-1-40-13, 44, 46-1, 49, 49-1, 104-1, 137, 150, 150-2, 151, 158, Part Three. Articles 162, 164-1, 165-165-3, 165-6, 166-1, 167, 171-1-171-3 of this Code, may be repealed or amended by the public prosecutor by the People's Judge himself, and regardless of the prosecutor's protest by the presiding judge of a higher court. " Article 3. This law shall enter into force on the date of its official publication. President of the Russian Federation B. Yeltsin Moscow, Kremlin 28 April 1995 N 66-FZ