On Amendments To Certain Legislative Acts Of The Russian Federation In Connection With The Strengthening Of The Criminal And Administrative Liability For Violations In The Sphere Of Production And Circulation Of Ethyl Alcohol, Of Alcoholic And Alcohol-...

Original Language Title: О внесении изменений в отдельные законодательные акты Российской Федерации в связи с усилением уголовной и административной ответственности за нарушения в сфере производства и оборота этилового спирта, алкогольной и спиртосодержащей продукции

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RUSSIAN FEDERATION FEDERAL LAW on amendments to certain legislative acts of the Russian Federation in connection with the strengthening of the criminal and administrative liability for violations in the sphere of production and circulation of ethyl alcohol, of alcoholic and alcohol-containing products December 10, 2013 adopted by the State Duma of the year approved by the Federation Council of the year December 18, 2013 Article 1 amend the Penal Code of the Russian Federation (collection of laws of the Russian Federation, 1996 , N 25, art. 2954; 1999, N 28, art. 3491; 2003, no. 50, art. 4848; 2006, N 31, art. 3452; 2008, no. 52, art. 6235; 2009, no. 52, art. 6453; 2010, no. 19, art. 2289; 2011, N 11, art. 1495; N 19, art. 2714; N 30, art. 4598; N 50, art. 7362; 2012, N 10, art. 1166; N 47, St. 6401; 2013, N 26, art. 3207; N 27, art. 3442, 3477; N 44, art. 5641) as follows: 1) item "a" of article 104-1, after the words "in articles 153-155 (if crimes are committed for mercenary motives), articles" to supplement the figures "171-1";
2) Article 151: a) in the first paragraph of the first part of the word "spirits" were replaced by the words "(drinking) alcohol and alcohol-containing products";
b) in paragraph two of part 3, the words "for a period of up to six years of age" were replaced by the words "for a period of two to six years";
3) Article 171-1: a) in the first paragraph of the first part of the word "excise stamps," excise stamps "were replaced with the words" after the words "protected from falsification" add the words "(with the exception of the products listed in part three of this article)";
b) Supplement part 3 as follows: "3. The manufacture, acquisition, possession, transport or for sale unmarked alcoholic products subject to mandatory marking with excise stamps or federal special stamps, committed a large amount, shall be punishable by a fine of up to 500,000 rubles or the equivalent of the salary or other income of the convicted person for a period of up to two years hard labour for a term not exceeding three years, or deprivation of liberty up to three years and a fine of up to one hundred and twenty thousand rubles or the equivalent wages or other income of the convicted person for a period of up to six months. ";
in the part of the fourth supplement) as follows: "4. the acts referred to in paragraph 3 of this article committed: (a)) by an organized group;
b) on a large scale, shall be punishable by a fine of four hundred thousand to 800 thousand rubles or the equivalent of the salary or other income of the convicted person for a period of one to three years hard labour for a term not exceeding five years, or deprivation of liberty for up to six years and a fine of up to one million rubles or the equivalent of the salary or other income of the convicted person for a period of up to five years or without thereof. ";
4) article 325: a), the words "in the name of excise stamps" were replaced by the words "excise stamps";
b) in the first subparagraph, the words "part 3 of excise stamps" were replaced by the words "excise stamps";
5) in Article 327-1: a), the words "in the name of excise stamps" were replaced by the words "excise stamps";
b) in the first subparagraph, the words "the first part of excise stamps" were replaced by the words "excise stamps", the words "protected from counterfeiting," were replaced by the words "protected against forgery (except excise stamps and federal special stamps for labelling alcoholic beverages),";
in) in the first subparagraph, the words "part two excise stamps" were replaced by the words "excise stamps", the words "protected from counterfeiting," were replaced by the words "protected against forgery (except excise stamps and federal special stamps for labelling alcoholic beverages),";
g) Supplement part 3 as follows: "3. the manufacture for sale or sale of forged excise marks or federal special stamps for labelling alcoholic beverages shall be punishable by a fine amounting from three hundred thousand to five hundred thousand rubles or the equivalent of the salary or other income of the convicted person for a period of one year to two years hard labour for up to three years or imprisonment for the same term.";
d) Supplement part 4 to read as follows: "4. use for labelling alcoholic beverages fake excise stamps or federal special marks is punishable by a fine of between three hundred thousand to seven hundred thousand rubles or the equivalent of the salary or other income of the convicted person for a period of one to three years hard labour for a term not exceeding five years, or deprivation of liberty for the same term.".
Article 2 to amend the code of criminal procedure of the Russian Federation (collection of laws of the Russian Federation, 2001, no. 52, p. 4921; 2002, N 22, art. 2027; N 30, art. 3020, 3029; N 44, art. 4298; 2003, no. 27, art. 2700, 2706; N 50, art. 4847; 2004, N 27, art. 2711; 2005, N 1, art. 13; N 23, art. 2200; 2006, no. 28, art. 2975, 2976; N 31, art. 3452; 2007, N 1, art. 46; N 24, art. 2830, 2833; N 49, St. 6033; N 50, art. 6248; 2009, N 1, art. 29; N 11, art. 1267; N 44, art. 5170; N 52, art. 6422; 2010, no. 1, art. 4; N 15, art. 1756; N 19, art. 2284; N 21, art. 2525; N 27, art. 3431; N 30, art. 3986; N 31, art. 4164, 4193; N 49, St. 6412; 2011, N 1, art. 16, 45; N 15, art. 2039; N 23, art. 3259; N 30, art. 4598, 4601, 4605; (N) 45, St. 6322, 6334; N 48, art. 6730; N 50, art. 7361, 7362; 2012, N 10, art. 1162, 1166; N 24, art. 3071; N 30, art. 4172; N 31, art. 4330, 4331; N 47, St. 6401; N 49, St. 6752; N 53, art. 7637; 2013, N 9, art. 875; N 26, art. 3207; N 27, art. 3442, 3478; N 30, art. 4031, 4050, 4078; N 44, art. 5641) as follows: 1) in the first part of article 31, the words "171-1 paragraph 1" were replaced by the words "171-1 parts of the first and third", the words "327-1 paragraph 1" were replaced by the words "327-1 parts of the first and third";
2) in paragraph 1 of part 3 of article 150 of the word "171-1 paragraph 1" were replaced by the words "171-1 parts of the first and third", the words "327-1 paragraph 1" were replaced by the words "327-1 parts of the first and third";
3) Article 151: a) in paragraph 3, the words "part two, 171-1 part 2" were replaced by the words "171-1 parts of the second and fourth", the words "327-1 part 2" were replaced by the words "327-1 parts of the second and fourth";
b) in section 5, the words "171-1 part 2" were replaced by the words "171-1 parts of the second and fourth", the words "327-1 part 2" were replaced by the words "327-1 parts of the second and the fourth."
Article 3 to amend the code of the Russian Federation on administrative offences (collection of laws of the Russian Federation, 2002, N 1, p. 1; N 18, art. 1721; N 30, art. 3029; N 44, art. 4295; 2003, no. 27, art. 2700, 2708, 2717; N 46, art. 4434, 4440; N 50, art. 4847, 4855; 2004, N 31, art. 3229; N 34, art. 3529, 3533; 2005, N 1, art. 9, 13, 40, 45; N 10, art. 763; N 13, art. 1075, 1077; N 19, art. 1752; N 27, art. 2719, 2721; N 30, art. 3104, 3131; N 50, art. 5247; 2006, N 1, art. 4, 10; N 6, art. 636; N 10, art. 1067; N 12, art. 1234; N 17, art. 1776; N 18, art. 1907; N 19, art. 2066; N 23, art. 2380; N 31, art. 3420, 3433, 3438, 3452; (N) 45, St. 4634, 4641; N 50, art. 5279; N 52, art. 5498; 2007, N 1, art. 21, 25, 29; N 7, art. 840; N 16, art. 1825; N 26, art. 3089; N 30, art. 3755; N 31, art. 4007, 4008, 4015; N 41, art. 4845; N 43, St. 5084; N 46, art. 5553; 2008, N 18, art. 1941; N 20, art. 2251; N 30, art. 3604; N 49, St. 5745; N 52, art. 6227, 6235, 6236; 2009, N 1, art. 17; N 7, art. 777; N 23, art. 2759, 2776; N 26, art. 3120, 3122; N 29, art. 3597, 3642; N 30, art. 3739; N 48, art. 5711, 5724; N 52, art. 6406, 6412; 2010, no. 1, art. 1; N 18, art. 2145; N 19, art. 2291; N 21, art. 2525; N 23, art. 2790; N 27, art. 3416; N 30, art. 4002, 4006, 4007; N 31, art. 4158, 4164, 4193, 4195, 4206, 4207, 4208; N 41, art. 5192; N 49, St. 6409; 2011, N 1, art. 10, 23, 29, 33, 54; N 7, art. 901; N 15, art. 2039; N 17, art. 2310; N 19, art. 2714, 2715; N 23, art. 3260; N 27, art. 3873, 3881; N 29, art. 4290, 4298; N 30, art. 4573, 4585, 4590, 4598, 4600, 4605, 4601; N 46, art. 6406; N 48, art. 6728; N 49, St. 7025, 7061; N 50, art. 7342, 7345, 7346, 7351, 7352, 7355, 7362, 7366; 2012, N 6, art. 621; N 10, art. 1166; N 19, art. 2278, 2281; N 24, art. 3068, 3069, 3082; N 29, art. 3996; N 31, art. 4320, 4330; N 47, St. 6402, 6403, and 6404; N 49, St. 6757; N 53, art. 7577, 7602, 7640, 7641; 2013, N 14, art. 1651, 1657, 1666; N 19, art. 2319, 2323, 2325; N 26, art. 3207, 3208; N 27, art. 3454, 3470, 3478; N 30, art. 4025, 4029, 4030, 4031, 4032, 4034, 4036, 4040, 4044, 4078, 4082; N 31, art. 4191; N 43, St. 5443, 5444, 5445, 5452; N 44, art. 5624, 5643) as follows: 1) the first paragraph of part 1 of article 3.12 after the words "public security," add the words "in the field of production and circulation of ethyl alcohol, of alcoholic and alcohol-containing products";
2) part 1 of article 4.5, after the words "at retail markets," add the words "in the field of production and circulation of ethyl alcohol, of alcoholic and alcohol-containing products";
3) in the first paragraph of part 1 of article 4.3, the words "part 3 of article 20.20" were replaced by the words "part 2 of article 20.20";
4) article 6.10 shall read as follows: "article 6.10. Involvement of a minor in the use of alcohol and alcohol-containing products or intoxicating substances

1. the involvement of minors in the use of alcohol and alcohol-containing products or stupefying substances, except as provided by paragraph 2 of article 6.18 of this code-is fined by administrative fine in the amount of one thousand five hundred to three thousand rubles.
2. The same actions committed by parents or other legal representatives of juveniles, except as provided by paragraph 2 of article 6.18 of this code, as well as persons responsible for the education and upbringing of minors, shall entail the imposition of an administrative penalty in the amount of four thousand to five thousand rubles. ";
5) section 14.16) name: (a) shall be amended as follows: "article 14.16. Violation of regulations for the sale of ethyl alcohol, of alcoholic and alcohol-containing products ";
b) part 1 shall be amended as follows: "1. retail sale of ethyl alcohol, including ethyl alcohol by Pharmacopoeia articles, alcohol containing products on Pharmacopoeia articles (except for products sold through a pharmacy network) or spirit-based seasonings bioactive food additives or wine-is fined by administrative fine on officials of from ten thousand to fifteen thousand rubles from confiscation of ethyl alcohol and alcohol production; for legal entities-from 200,000 to 300,000 rubles with confiscation of ethyl alcohol and alcohol production. ";
in) part 2 shall be amended as follows: "2. The turnover of ethyl alcohol (with the exception of retail sale), alcoholic and alcohol-containing products without accompanying documents attesting to the legality of their production and trafficking, as defined by federal law, is fined by administrative fine on officials of from ten thousand to fifteen thousand rubles from confiscation of ethyl alcohol, of alcoholic and alcohol-containing products; for legal entities-from 200,000 to 300,000 rubles with confiscation of ethyl alcohol, of alcoholic and alcohol-containing products. ";
g) in the second part of paragraph 3, the words "from three thousand to four thousand" were replaced by the words "from five thousand to ten thousand", the words "from thirty thousand to forty thousand" were replaced by the words "from fifty thousand to one hundred thousand";
6) article 14 shall be amended as follows: "article 14.17. Violation of requirements for the manufacture or trafficking of ethyl alcohol, of alcoholic and alcohol-containing products 1. Production or turnover of ethyl alcohol, of alcoholic and alcohol-containing products in violation of licensing requirements provided by the law on State regulation of production and turnover of ethyl alcohol, of alcoholic and alcohol-containing products and on limitations on the consumption (drinking) alcohol products-is fined by administrative fine for legal entities, in the amount of one hundred thousand to one hundred and fifty thousand rubles and confiscation of products, equipment, raw materials, semi-finished products, vehicles or other objects used for the production and trafficking of ethyl alcohol, of alcoholic and alcohol-containing products, or without such.
2. Production or turnover of ethyl alcohol, of alcoholic and alcohol-containing products with flagrant violation of licensing requirements provided by the law on State regulation of production and turnover of ethyl alcohol, of alcoholic and alcohol-containing products and on limitations on the consumption (drinking) alcohol products-is fined by administrative fine for legal entities, in the amount of one hundred fifty thousand to two hundred thousand roubles with confiscation of products, equipment, raw materials, semi-finished products, vehicles or other objects used for the production and trafficking of ethyl alcohol, of alcoholic and alcohol-containing products, either without or administrative suspension of activities for a period of up to 90 days with confiscation of products, equipment, raw materials, semi-finished goods, vehicles or other items used for the production and circulation of ethyl alcohol, of alcoholic and alcohol-containing products, or without such.
3. the production or turnover of ethyl alcohol, of alcoholic and alcohol-containing products without a licence-is fined by administrative fine for legal entities, in the amount of two hundred thousand to 300 thousand roubles with confiscation of products, equipment, raw materials, semi-finished products, vehicles or other items used for the production and circulation of ethyl alcohol, of alcoholic and alcohol-containing products, or without such.
Note. Under the gross violation of licensing requirements provided by the law on State regulation of production and turnover of ethyl alcohol, of alcoholic and alcohol-containing products and on limitations on the consumption (drinking) alcohol products, in the manufacture of or trafficking in ethyl alcohol, of alcoholic and alcohol-containing products in part 2 of this article are understood: the use of the main technological equipment for production of ethanol, produced from food raw materials and (or) alcohol products and (or) their storage for the production and (or) on the same hardware as storage of non-food products, with the exception of the main production waste;
supply of ethanol, including denatured alcohol, an organization does not have an appropriate license or licensed, which suspended either without notice;
alcohol supply and (or) alcohol-containing food products organization that does not have an appropriate license or a license which has been suspended;
production of ethyl alcohol, production technology which provides for the obtaining of bards (the main departing alcohol production), in the absence of full processing and (or) disposal at sewage treatment plants;
production of ethyl alcohol, including denatured alcohol from raw materials, not included in the list of edible and non-edible raw materials used for production of ethanol, including denatured alcohol, appointed in the manner prescribed by the Government of the Russian Federation;
production and trafficking of alcohol of non-food products (except for the intended for retail sale), the label does not contain information about the danger of the life or health of citizens of these products in food;
supply of denatured alcohol or denatured alcohol denaturing products containing substances not conforming to the law list and concentration of denaturing substances or mixtures thereof, or with the violation of the procedure for the use of denatured alcohol or denatured alcohol containing products;
realization of ethyl alcohol, of alcoholic and alcohol-containing products containing ethyl alcohol, produced from non-food material or has denaturiruûŝie additives, with the exception of alcohol of non-food products;
all technological processes and operations for processing of denatured ethyl alcohol or denatured alcohol to remove denaturing substances. ";
7) in the second subparagraph of article 14.18 words "from four thousand to five thousand" were replaced by the words "from ten thousand to fifteen thousand", the words "of eighty thousand to one hundred thousand roubles with confiscation of manufactured products" should be replaced by the words "from three hundred thousand to five hundred thousand roubles with the confiscation of goods produced or the administrative suspension of activities for a period of up to 90 days";
8) in the second subparagraph of article 14.19 words "from three thousand to four thousand" were replaced by the words "from ten thousand to fifteen thousand", the words "from seventy to eighty thousand" were replaced by the words "from one hundred and fifty thousand to two hundred thousand";
9) article 15.12: a) in the title, the word "Issue" should be replaced by the word "production", the words "necessary for the implementation of the tax audit" should be deleted;
b) in the first paragraph of part 1, the word "Issue" should be replaced by the word "production", the words "to implement the tax audit", delete the words "the infliction of such information is mandatory," were replaced by the words "such information are mandatory, with the exception of the products listed in part 3 of this article,";
in) paragraph 1 of section 2, the words "to implement the tax audit", delete the words "for marketing purposes-" should be replaced by the words "for marketing purposes, with the exception of the products listed in part 4 of this article,";
g) Supplement part of 3 as follows: "3. the production of alcoholic beverages without marking and (or) application of information provided for by the legislation of the Russian Federation, as well as in violation of the established procedure for the appropriate marking and (or) application of information-is fined by administrative fine on officials of from ten thousand to fifteen thousand rubles from the confiscation of objects of administrative offence; for legal entities-from one hundred thousand to one hundred and fifty thousand rubles from the confiscation of objects of administrative offence. ";
d) Supplement part 4 to read as follows:

"4. the alcoholic production Turnover without marking and (or) application of information provided for by the legislation of the Russian Federation, in case such marking and (or) causing such information required-is fined by administrative fine in the amount of citizens from four thousand to five thousand rubles from the confiscation of objects of administrative offence; officials from ten thousand to fifteen thousand rubles from the confiscation of objects of administrative offence; for legal entities-from 200,000 to 300,000 rubles with confiscation of objects of administrative offence. ";
10) article 15 shall be amended as follows: "article 15.13. Distortion of information and (or) violation of the procedure and timing for declaration of production, trafficking and (or) use ethyl alcohol, of alcoholic and alcohol-containing products, capacity utilization information and (or) violation of the procedure and timing for declaration of production, trafficking and (or) use ethyl alcohol, of alcoholic and alcohol-containing products, capacity utilization-shall entail the imposition of an administrative penalty in the amount of officials from five thousand to ten thousand rubles; for legal entities-from fifty thousand to one hundred thousand rubles. ";
11) article 19.4 to complement part 6 to read as follows: "6. Failure to comply with the legitimate demands of the official of the body conducting the State control (supervision) in the production and circulation of ethyl alcohol, of alcoholic and alcohol-containing products-is fined by administrative fine on citizens in the amount of one thousand to two thousand roubles; officials from five thousand to eight thousand rubles. ";
12) article 19.5 supplement a part of 22 along the following lines: "22. Failure to implement within the prescribed period the legitimate requirements of the body implementing the State control (supervision) in the production and circulation of ethyl alcohol, of alcoholic and alcohol-containing products-is fined by administrative fine in the amount of officials from six thousand to twelve thousand rubles; for legal entities-from twenty thousand to forty thousand rubles. ";
13) article 20.20 worded as follows: "article 20.20. Consumption (drinking) alcohol in forbidden places or consumption of narcotic drugs or psychotropic substances in public places 1. Consumption (drinking) alcohol products in places that are prohibited by federal law, is fined by administrative fine from five hundred to one thousand five hundred rubles.
2. Use of narcotic drugs or psychotropic substances without a doctor's prescription or use other intoxicants in the streets, stadiums, squares, parks, and common areas in the vehicle, as well as other public places-is fined by administrative fine from four thousand to five thousand rubles or administrative arrest for up to 15 days.
3. the actions referred to in paragraph 2 of this article, if committed by a foreign national or a stateless person, shall entail the imposition of an administrative penalty in the amount of four thousand to five thousand roubles with administrative expulsion outside the Russian Federation or administrative arrest for up to 15 days of administrative expulsion from the Russian Federation. ";
14) in the second subparagraph of article 19, the words "from one hundred to five hundred" were replaced by the words "from five hundred to one thousand five hundred";
15) article 9 shall be amended as follows: "article 20.22. Finding intoxicated minors, consumption (drinking) them alcohol and alcohol production or consumption of narcotic drugs or psychotropic substances being intoxicated minors under the age of sixteen years, or consumption (drinking) them alcohol and alcohol-containing products, or consumption of narcotic drugs or psychotropic substances without a doctor's prescription, other intoxicants-is fined by administrative fine on the parents or other legal representatives of minors in the amount of one thousand five hundred to two thousand rubles. ";
16) in article 23.1: a) in part 1, the words "parts 1, 3 and 4 of article 14 and articles" should be replaced by the words "articles 14.17,", the words "part 4 of article 20.20" were replaced by the words "part 3 of article 20.20";
b) in part 2, the words "part 3 of article 20.20" were replaced by the words "part 2 of article 20.20";
in fourth paragraph) of part 3, the words "parts 1, 3 and 4 of article 14 and articles" should be replaced by the words "articles 14.17,";
17) in article 23.3: a) in part 1, the words "parts 1-3 of article 20.20" were replaced by the words "parts 1 and 2 of article 20.20";
b) in part 2: in paragraph 1, the words "parts 1-3 of article 20.20" were replaced by the words "parts 1 and 2 of article 20.20";
in paragraph 2 the words "parts 1-3 of article 20.20" were replaced by the words "parts 1 and 2 of article 20.20";
in paragraph 3 the words "parts 1 and 2 of article 20.20" were replaced by the words "part 1 article 20.20";
18) Article 23 shall be amended as follows: "article 23. Authorities exercising State control (supervision) in the field of production and turnover of ethyl alcohol, of alcoholic and alcohol-containing products 1. Authorities exercising State control (supervision) in the field of production and turnover of ethyl alcohol, of alcoholic and alcohol-containing products, consider cases on administrative offences, prescribed by part 2 of article 9.1 (regulation of prices for ethanol, alcohol and spirtosoderžaŝuû products), parts 2-1 and 3 of article 11, article 14.19, 15.13, part 6 of article 19.4, part 22 of article 12.1 of this code.
2. To consider cases on administrative offences on behalf of the bodies referred to in paragraph 1 of this article, shall have the right to: 1) head of federal body of executive power performing State control (supervision) in the production and circulation of ethyl alcohol, of alcoholic and alcohol-containing products, his deputies;
2) heads of territorial bodies of the Federal Executive authority performing State control (supervision) in the production and circulation of ethyl alcohol, of alcoholic and alcohol-containing products, their deputies;
3) the heads of executive bodies of subjects of the Russian Federation exercising State control (supervision) in the production and circulation of ethyl alcohol, of alcoholic and alcohol-containing products in part of retail sale of alcoholic beverages, their alternates. ";
19) in part 1 of article 23.63 of the words "part 3 of article 20.20" were replaced by the words "part 2 of article 20.20";
20) in part 2 of article 28.3: a) in paragraph 1 the words "parts 1-3 of article 14.16, part 4 of article 14.16 (retail sale of beer and beverages manufactured based on it)" were replaced by the words "parts 1 and 2 of article 14.16", the words "part 4 of article 20.20" were replaced by the words "part 3 of article 20.20";
b) in paragraph 64, the words "the State control over the production and circulation of ethyl alcohol, of alcoholic and alcohol-containing products" should be replaced by the words "the State control (supervision) in the production and circulation of ethyl alcohol, of alcoholic and alcohol-containing products", the words "parts 1, 3 and 4 of article 14 and articles" should be replaced by the words "articles 14.17," figures "15.12," were replaced by the words "parts 3 and 4 of article 15, article";
in) in paragraph 66, the words "part 1 article 15.12" were replaced by the words "parts 1 and 3 of article 15.12";
g) in paragraph 83, the words "part 4 of article 20.20" were replaced by the words "part 3 of article 20.20".
The President of the Russian Federation v. Putin in Moscow, the Kremlin December 21, 2013 year N 365-FZ

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