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Amending The Code Of Administrative Offences Of The Russian Federation And The Federal Law "on Enforcement Proceedings"

Original Language Title: О внесении изменений в Кодекс Российской Федерации об административных правонарушениях и Федеральный закон "Об исполнительном производстве"

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RUSSIAN FEDERATION FEDERAL LAW On amendments to the Code of the Russian Federation on Administrative Offences and the Federal Law "On executive production" Adopted by the State Duma on July 5, 2011 Approved by the Federation Council on July 13, 2011 Article 1 Article 1 Article 1 Enroll Russian Federation Code OF THE PRESIDENT OF THE RUSSIAN FEDERATION 1; N 44, sect. 4295; 2003, N 27, sect. 2700, 2708, 2717; N 46, st. 4434; N 50, st. 4847, 4855; 2004, N 31, st. 3229; N 34, st. 3529, 3533; 2005, N 1, st. 9, 13; N 10, est. 763; N 13, est. 1077; N 19, est. 1752; N 27, sect. 2719, 2721; N 30, est. 3104, 3131; 2006, N 1, st. 10; N 10, est. 1067; N 12, est. 1234; N 17, est. 1776; N 18, st. 1907; No. 19, sect. 2066; N 23, st. 2380; N 31, st. 3420, 3438, 3452; N 45, sect. 4641; N 50, sect. 5279, 5281; N 52, sect. 5498; 2007, N 1, st. 21, 29; N 26, est. 3089; N 30, est. 3755; N 31, st. 4007, 4008, 4015; N 41, est. 4845; N 43, sect. 5084; 2008, N 18, sect. 1941; N 30 3604; 2009, N 7, est. 777; N 23, st. 2759, 2776; N 26, est. 3120, 3122; N 29, 100. 3597, 3642; N 30, stop. 3739; N 45, sect. 5265, 5267; N 52, sect. 6412; 2010, N 1, st. 1; N 21, sect. 2525; N 23, st. 2790; N 30, sect. 4002, 4006, 4007; N 31, sect. 4164, 4195, 4207, 4208; N 49, sect. 6409; 2011, N 1, st. 10, 23, 33, 54; N 7, st. 901; N 17, sect. 2310; N 23, st. 3260; Russian newspaper, 2011, 2011, 30 June) the following changes: 1) in article 2.5, paragraph 2, of the word "article 17.7," to read "articles 17.3, 17.7-17.9, Parts 1 and 3 of Article 17.14, Article 17.15,"; (2) Part 2 of the article 3.12. to be supplemented with the following sentence: " The period of administrative suspension shall be calculated from the moment of the actual suspension of activities of persons carrying out business activities without the formation of a legal entity, legal entities, their subsidiaries, representative offices, units, production sites, as well as the operation of units, facilities, buildings or installations, the implementation of certain activities (work), the provision of services. "; 3), article 23.68 should read as follows: " Article 23.68. Federal executive branch, authorized to carry out functions enforcement of executive documents and enforcement of the established order of operation of the courts 1. The Federal Executive, which is authorized to carry out the functions of enforcing executive documents and ensuring the established procedure for the operation of the courts, deals with cases of administrative offences; Article 13.26, paragraphs 1 and 3 of article 17.14, article 17.15 of this Code. 2. Review cases of administrative offences on behalf of the authority referred to in Part 1 of this Article, to the right: 1) the head of the federal executive authority authorized to carry out the functions of forced labour the execution of executive documents and the enforcement of the established procedure for the operation of the courts, its deputies; 2) the heads of the territorial bodies of the said federal executive authority, their deputies; 3) heads of structural subdivisions of territorial bodies of the said federal executive authority, their deputies. "; 4) Part 2 of article 27.15 should read: " 2. It is provided by: 1) by a body authorized to carry out enforcement functions and to ensure the established procedure for the operation of the courts, based on the definition of a judge or order an official of the said body dealing with an administrative offence, in accordance with the procedure established by the federal executive body exercising regulatory functions in the sphere of security established procedures for the operation of the courts and the enforcement of judicial acts and acts of other bodies; 2) by the internal affairs authority (police), on the basis of the definition of the said body, of the other authority, the official dealing with the case of an administrative offence, in accordance with the procedure established by the federal authority of the executive branch in the field of internal affairs. "; 5) in article 28.2, part 1, of the figure", 1-1 "delete; 6), paragraph 77, paragraph 2, of article 28.3, amend to read: " 77) officials of bodies authorized to Implementation of the enforcement functions of the executive Article 5.35, paragraphs 2 and 3, article 17.6, paragraphs 2 and 2, of article 17.14, article 19.4, paragraph 1, article 19.4, paragraph 1, article 19.4. 19.6, 19.7 of this Code; "; 7) Part 1-1 of Article 28.6 shall be declared void; 8) in article 30.1, paragraph 2," or the bailiff ", and the words" or the bailiff " shall be deleted; (9) In article 32.2, part 5, the second sentence should read " In addition, an official of the federal executive branch, a structural unit or a territorial body, another public authority who dealt with the case of an administrative offence, or an authorized person of collegiating authority The administrative offence under article 20.25, paragraph 1, of this Code shall constitute the administrative offence in respect of a person who has failed to pay an administrative fine. " Article 2 Enact Federal Law No. 229-FZ "On executive production" (Russian legislature, 2007, N 41, p. 4849; 2008, N 20, sect. 2251; 2009, N 1, article 14; N 39, sect. 4539; 2010, N 31, est. 4182; 2011, N 7, est. 905) The following changes: 1) in article 14: (a) in the name of the word "bailer"; b) the first part of paragraph 2 after the word "instrument" "; in Part 4, after the word" bailiff ", insert the words" or other officer of the bailiff service "; g) to supplement Part 5, as follows: " 5. The higher official of the bailiff service shall have the right to cancel or amend the non-conforming decision of the judicial bailiff or other officer of the bailiff service, which is not in conformity with the law of the Russian Federation. "; (2) Part 5 of Article 24 is supplemented by the words "or his deputy"; (3) in article 30: (a) in Part 6, the words ", the performance fee and the fines imposed" shall be replaced by the words "and the performing collection imposed"; (b) In Part 15, the words ", the performance fee and the fines imposed" Replace the words "and the performance fee imposed by"; in Part 16 of the phrase "and the fines imposed" by "and the performance fee imposed"; 4) in part 6, paragraph 6, of the second sentence to supplement the words "or his deputy"; 5) in article 35, paragraph 4, of the phrase ", which shall immediately notify" shall be replaced by the words "or its alternates, who shall immediately notify"; 6) in part 2 of article 44 of the word ", Performing collection and fines imposed "substitute" and performers (a) " (...) (...) (...) (...) (b) Part 9 after the words "by the senior court" to be supplemented by the words "or his/her deputy"; 9), paragraph 3, after the words "by the senior judicial bailiff"; 10) Paragraph 13, paragraph 13, of article 64 of the phrase " and impose penalties on the debtor and other persons in the event of and the procedure established by this Federal Law "delete; (11) in article 65, paragraph 1, first sentence to be supplemented by the words" or his substitute "; (12) Part 3 of article 66 is supplemented by the words" or by his or her deputy "; (13) In article 67, paragraph 3, the first sentence should be supplemented by the words "or his/her deputy"; 14) in article 69: (a) in Part 2 of the word ", the performing collection and the fines imposed" to be replaced by the words " and the performing collection, on "; b) in Part 8, second sentence should be supplemented with the words" or Deputy "; 15) in article 87, paragraph 14, the first sentence should be supplemented by the words" or by his deputy "; 16) in article 103: (a) of Part 3 after the words" by the senior court "to be supplemented by the words" or by his substitute "; (b) Part 8 is supplemented by the words "or by his deputy"; 17) in article 105, paragraph 2, of the phrase "applies the fine under article 17.15 of the Code of Administrative Offences of the Russian Federation," to read " constitutes a record of the administrative offence against the debtor in the in accordance with the Code of the Russian Federation on Administrative Offences "; 18) in article 108, part 4, after the words" senior judicial bailiff "to be supplemented by the words" or by his substitute ", the words" and also applies a fine to the debtor ". Article 17.15 of the Administrative Offences Code of the Russian Federation "shall be replaced by the words" and shall constitute an administrative offence against the debtor in accordance with the Code of the Russian Federation on Administrative Offences. of administrative offences "; 19) in article 109, paragraph 4, of the word" fine and other The measures provided for in this Federal Act "shall be replaced by the measures provided for in this Federal Act and shall constitute an administrative offence against the debtor in accordance with the Code of the Russian Federation". Administrative Offences "; 20) Paragraph 4 of Part 3 and Article 110, paragraph 3, paragraph 3, shall be declared void; 21) in article 112: (a) The bailiff's collection is approved Senior judicial bailiff. "; b) in paragraph 3 of part 5 of the words", the performance fee and the fines imposed "should be replaced by the words" and the performing collection imposed by "; 22), article 113 should read as follows: " Article 113. In the case of violation of the legislation of the Russian Federation on enforcement, the responsible person is liable for the violation of the law of the Russian Federation. Administrative or criminal liability in accordance with the law of the Russian Federation. "; (25) Article 121, paragraph 4, should read: " 4. The enforcement of the enforcement fee may be challenged in court. "; 26) in article 123: (a) of Part 1, as follows: " 1. The appeal against the judgement of the bailiff or deputy chief bailiff, with the exception of an order approved by the senior judicial bailiff, is filed against the action (inaction) of the Chief Justice who holds the bailiff or deputy senior bailiff. "; b) in Part 2 of the word" his deputy, as well as their actions (inaction), is submitted to the main judicial bailiff of the constituent entity of the Russian Federation, "to be replaced by the words" "The deputy chief judicial bailiff of the constituent entity of the Russian Federation, for their actions (inaction), is submitted to the main judicial bailiff of the constituent entity of the Russian Federation under which they are subordinate to them"; editions: " 3. The complaint against the ruling of the main judicial bailiff of the constituent entity of the Russian Federation or of the Deputy Chief Justice of the Russian Federation, to their actions (inaction), is lodged with the main judicial bailiff of the Russian Federation. "; In article 125, paragraph 1, the words "or the imposition of a fine" should be deleted. Article 3 Paragraph 8 of Article 10 of the Federal Law of 2 October 2007 N 225-FZ " On amendments to certain OF THE PRESIDENT OF THE RUSSIAN FEDERATION 4845) be declared invalid. Article 4 1. This Federal Law shall enter into force ninety days after the date of its official publication, with the exception of article 1, paragraph 4, of this Federal Act. 2. Article 1, paragraph 4, of this Federal Act shall enter into force on 1 January 2012. 3. Review of cases of administrative offences initiated in accordance with the rules of jurisdiction by courts, other bodies, officials prior to the day of the entry into force of this Federal Law shall be reviewed prior to the issuance of the final the decision on the case. President of the Russian Federation Dmitry Medvedev Moscow, Kremlin 18 July 2011 N 225-FZ