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On Amendments To Certain Legislative Acts Of The Russian Federation

Original Language Title: О внесении изменений в отдельные законодательные акты Российской Федерации

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RUSSIAN FEDERATION FEDERAL LAW amending certain pieces of legislation Russian Federation adopted by the State Duma on March 26, 2010 Approved by the Federation Council on March 31, 2010(In the wording of the Federal Law 06.12.2011 N 405-FZ) Article 1 Amend the Criminal Code of the Russian Federation (Legislative Assembly Russian Federation, 1996, 2954; 1998, N 26, est. 3012; 2001, N 33, Art. 3424; 2002, N 26, Text 2518; 2003, No. 11, sect. 954; N 50, sect. 4848, 4855; 2004, N 30, st. 3091; 2009, N 44, sect. 5170; N 52, sect. 6453) the following changes: 1) in article 169: (a) the second part of the first sentence should read: " shall be punished with a fine of two hundred thousand to five thousand roubles or wages, or The other income of the convicted person for a period of up to eighteen months, or deprivation of the right to hold certain positions or engage in certain activities for up to three years with a fine of up to 80 thousand rubles or salary or other income of the convicted person for up to six months or compulsory labour for from 100 to 100 hours. "; b) second paragraph of the second paragraph: " shall be punished by disqualification from holding certain positions or engaging in certain activities for a period of time from Up to five years with a fine of up to two hundred and fifty thousand roubles or other income of a convicted person for a period of up to one year or compulsory work for a period of between eight and two hundred and forty hours, or arrest shall be punished by imprisonment for the term of up to five years or imprisonment for the term of up to three years. In the note, the words "two hundred and fifty thousand roubles, especially large-one million roubles," would be replaced by the words "one million five hundred thousand roubles, especially large-six million roubles"; (2) in the first part of article 171 of the first word "without a special permit (licence) in cases where such permission (licence) is obligatory or in violation of licensing requirements and conditions," replace "without a licence in cases where such a licence is mandatory,"; 3) in the paragraph the first part of article 172 of the words " or with the violation of licensing requirements and the conditions, "delete; 4) Article 173 to declare void; 5) in the footnote to article 174 of the word" one million "to read" 6 million "; 6), article 174-1, amend to read: " Article 174-1. The legalization (laundering) of money or other property acquired by the person as a result of the commission of the crime 1. Financial transactions and other transactions with money or other property acquired by a person as a result of the commission of the offence (excluding offences under articles 193, 194, 198, 199, 199-1 and 199-2 of this Code), In order to give a lawful form of possession, use and disposal of specified moneys or other property, committed in a large amount- shall be punished with a fine of between 100,000 and three hundred thousand roubles. wages or other income of the convicted person for a period of one to two years or shall be punished by imprisonment for the term of up to three years with a fine of up to 100 thousand rubles, or in the amount of the salary or other income of the convicted person for a period of up to six months. 2. The acts provided for in the first part of this article, committed by: (a) by a group of persons by prior conspiracy; b) by a person using their official position,- shall be punished by imprisonment for a term of up to Five years with a fine of up to five thousand roubles, or in the amount of wages or other income of the convicted person for a period of up to three years, or without it. 3. The acts referred to in the first or second part of this article committed by an organized group- shall be punished by imprisonment for a term of seven to ten years, with a fine of up to one million rubles, or in the amount of wages. for the payment or other income of a convicted person up to five years or without it. "; 7), in the footnote to article 193, the words" 5 million "shall be replaced by the words" thirty million "; 8) in the footnote to article 194, the words" five hundred thousand roubles, and in a particularly large amount of one million, five hundred thousand roubles, to be replaced by the words " three 1 million rubles, and in a particularly large amount, 30 million rubles. " "On the procedure for exit from the Russian Federation and entry into the Russian Federation" (Assembly of Laws of the Russian Federation, 1996, N 34, art. 4029; 2004, N 27, sect. (2711) Amend the following wording: " (3) in accordance with the criminal procedure law of the Russian Federation, is a suspect or is charged as an accused, pending the determination of the case or the entry into lawful order. the power of a court sentence; ". Article 3 Amend the federal law of 21 July 1997 N 122-FZ " On State registration of rights for real property and transactions with it " (Legislative Assembly Russian Federation, 1997, 3594; 2003, N 24, sect. 2244; 2004, N 27, sect. 2711; N 35, sect. 3607; N 45, sect. 4377; 2005, N 1, st. 22, 25; 2006, N 27, sect. 2881; 2007, N 41, sect. 4845; 2008, N 20, sect. 2251; N 52, sect. 6219; 2009, N 1, sect. 14; N 19, est. 2283; N 52, sect. 6410) the following changes: 1) (Spconsumed by Federal Law of 06.12.2011) N 405-FZ) 2) Article 19, second paragraph 4, after the words "with the object of immovable property" to be supplemented by the words "or on bail", after the words "before the arrest or the ban" is supplemented with the words ", (b) "State Registration of Arrests" (Article 28, paragraph 3): Immovable property and pledge as a measure of restraint in accordance with OF THE PRESIDENT OF THE RUSSIAN FEDERATION Article 4 Amend the Code of Criminal Procedure of the Russian Federation (Assembly of Russian Federation law, 2001, N 52, sect. 4921; 2002, N 22, sect. 2027; N 30, est. 3020, 3029; N 44, sect. 4298; 2003, N 27, sect. 2700, 2706; N 50, sect. 4847; 2004, N 27, sect. 2711; 2005, N 1, est. 13; 2006, N 28, sect. 2975, 2976; N 31, est. 3452; 2007, N 1, est. 46; N 24, est. 2830, 2833; N 49, sect. 6033; N 50, sect. 6248; 2008, N 49, sect. 5724; 2009, N 11, est. 1267; N 44, st. 5170; 2010, N 1, est. (4) The following changes: 1) Article 106 should be redrafted to read: " Article 106. Bail 1. The bail consists in the submission or transfer of a suspect, accused person or other natural or legal person at the stage of preliminary investigation to the body in which the criminal case is located, and at the trial stage, to the court Real estate and movable property in the form of money, valuables and public circulation in the Russian Federation of shares and bonds in order to ensure the appearance of the suspect or accused person to the investigator, the person conducting the initial inquiry or the court, and the warning of committing new crimes. The canopy may be elected at any time in the criminal case. 2. The loan shall be applied as a preventive measure against a suspect or an accused person by a court order in accordance with the procedure laid down in article 108 of the present Code, taking into account the characteristics set out in this article. Applications for bail may be applied to the court by a suspect, accused person or other natural or legal person. The application for bail shall be filed with the court at the place of the preliminary investigation and must be examined by the court, together with the investigator's motion, the person conducting the initial inquiry on the same suspect or the accused preventive measures, if any. 3. The type and amount of bail shall be determined by the court, taking into account the nature of the crime committed, the identity of the suspect or the accused and the property of the holder. At the same time, in criminal cases of crimes of small and medium gravity, the amount of bail cannot be less than 100 thousand rubles, and in criminal cases involving serious and especially serious crimes-less than five-thousand rubles. No property may be accepted as collateral, for which the Civil Procedure Code of the Russian Federation cannot be punished. The procedure for the evaluation, maintenance and preservation of the subject matter of the first article of this article shall be determined by the Government of the Russian Federation in accordance with the legislation of the Russian Federation. 4. Unforestable property committed to the public appeal in the Russian Federation of stocks and bonds, values can be accepted on the condition of the granting of original copies of the documents confirming the ownership of the mortgage The assets transferred and the absence of a limitation (encumpling) of the rights to such property. In the event that, in accordance with the legislation of the Russian Federation, the limitation (encumment) of rights to property is not subject to State registration or accounting, including by the depositary or the holder of the register of securities owners. (the registrar), the holder in writing, confirms the reliability of the information about the absence of limitations (encumplement) of the rights to such property. 5. The money that is the subject of bail shall be paid to the deposit account of the relevant court or authority in which the criminal case is located. The court or the authority in which the criminal case is made shall be provided with a protocol, a copy of which shall be delivered to the applicant. 6. If the bond is made by a person who is not a suspect or an accused person, he or she shall be informed of the suspicion, the charge against which the preventive measure is chosen and the related obligations and consequences thereof. 7. In a court order or a court ruling on the application of bail as a preventive measure, the court sets a time limit for the deposit. If the suspect or the accused is arrested, the court, provided that the detention is recognized as lawful and justified, extends the period of custody until the bail is made, but not more than 72 hours from the date of the judgement. In the event that the bail has not been filed within the time limit, the court shall, on an application filed in accordance with article 108 of the present Code, consider the election of a different preventive measure against the suspect or the accused. 8. If the deposit is applied in place of the previously chosen preventive measure, the measure of restraint is valid until the bail is posted. 9. In the event of a breach of an accused person or an accused person, the bond is brought to the State' s judgement in accordance with article 118 of the present Code. 10. In other cases, the court, in the judgement or ruling or order to terminate the criminal case, shall decide whether or not to return the bond to the mortgage holder. When the criminal investigation is terminated by the investigator, the person conducting the initial bond is returned to the testator, as indicated in the decision on the termination of the criminal case. "; The Russian Federation "shall be replaced by the words" Articles 159, 160, 165, if these crimes are committed in the sphere of entrepreneurial activity, as well as articles 171-174, 174-1, 176-178, 180-183, 185-185-4, 190-199,199-2 of the Criminal Code of the Russian Federation "; (3) in part six of article 118, the words "part four of article 106" Replace the words "Part 9 of Article 106"; 4) in article 151: (a) in paragraph 3 of the second digit "172-174" to read "172, 174"; b) in the fifth digit "172-174" to read "172, 174". Article 5, paragraph 97 of article 1 of the Federal Act of 8 December 2003 N 162-FZ " On amendments and additions to the Criminal Code. OF THE PRESIDENT OF THE RUSSIAN FEDERATION (4848) be void. Article 6 This Federal Law shall enter into force on the date of its official publication. President of the Russian Federation Dmitry Medvedev Moscow, Kremlin 7 April 2010 N 60-FZ