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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 amending certain pieces of legislation of the Russian Federation in connection with the strengthening of criminal and administrative responsibility The violations in the sphere of production and turnover of ethyl alcohol, alcohol and alcohol-containing products adopted by the State Duma on December 10, 2013 Approved by the Federation Council on December 18, 2013 Article 1 Commit to Criminal Code of the Russian Federation (Collection of Russian legislation, 1996, N 25, p. 2954; 1999, N 28, sect. 3491; 2003, N 50, sect. 4848; 2006, N 31, sect. 3452; 2008, N 52, sect. 6235; 2009, N 52, sect. 6453; 2010, N 19, 100. 2289; 2011, N 11, sect. 1495; N 19, est. 2714; N 30, est. 4598; N 50, st. 7362; 2012, N 10, est. 1166; N 47, sect. 6401; 2013, N 26, sect. 3207; N 27, sect. 3442, 3477; N 44, est. 5641) the following changes: 1) the paragraph "a" of the first part of article 104-1 after the words "Articles 153 to 155 (if the crimes were committed for mercenary motives), the articles" should be supplemented with figures " 171-1, "; 2) in article 151: (a) in the first part of the first word of" alcoholic beverages ", replace by" (drinking) alcoholic and alcohol-containing products "; b) in the second part of the third word" for a period of up to six " In the first part of the first part of the first word "excise duty stamps", after the words "excise stamps", replace the words "by excise stamps" with the words "excise duty". "(except for the products referred to in part three of this article)"; b) add a third part of the following content: " 3. Production, acquisition, storage, transport for the purpose of marketing or selling unmarked alcohol products subject to mandatory labelling of excise stamps or by federal special stamps committed in large amounts,- shall be punished by a fine of up to five thousand rubles, or in the amount of wages or other income of the convicted person for a period of up to two years, or by compulsory work for up to three years, or by imprisonment for up to three years with a fine of up to 100 people. 20 thousand roubles or in the amount of wages or other income of the convicted person for the period for up to six months. "; in) to be completed with Part Four, as follows: " 4. The acts provided for in part three of this article, committed: a) by an organized group; b) in a particularly large size,- shall be punished by a fine of four hundred thousand to eight hundred thousand roubles or shall be punished by imprisonment for the term of up to five years, or imprisonment for the term of up to five years with a fine of up to 1 million rubles. Wages or other income of a convicted person up to five years or less. "; (4) In article 325: (a) in the name of the word "excise duty", replace the words "excise stamps"; b) in the first part of the third word "excise duty"; Article 327-1: (a), in the name of the word "excise duty", replace "excise stamps"; b) in the first part of the first word "excise tax", replace "excise stamps" with "excisable", the words "protected from sub-decks," Replace with the words "protected against subdecks" (except excise stamps and In the first part of the second part of the second word "excise duty", replace "excise stamps" with "protected from". Sub-decks (except excise stamps and Federal Special Marks for the labelling of alcohol),-"; g) should be supplemented with Part 3: " 3. Production for the purpose of selling or selling counterfeit excise stamps or federal special marks for the labeling of alcoholic beverages- is punishable by a fine of three hundred thousand to five thousand roubles or wages or other income of the convicted person from one to two years, or by hard labour for up to three years, or by imprisonment for the same period. "; d) be supplemented with a fourth reading: " 4. The use of false excise stamps or federal special marks- is punishable by a fine in the amount of three hundred thousand to seven hundred thousand roubles or in the amount of wages or intuition. income of convicted persons between one and three years or forced labour for a period of up to five years or imprisonment for the same period. ". Article 2 Commit to Criminal Procedure Code OF THE PRESIDENT OF THE RUSSIAN FEDERATION 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; N 23, Art. 2200; 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; 2009, N 1, sect. 29; N 11, est. 1267; N 44, st. 5170; N 52, sect. 6422; 2010, N 1, st. 4; N 15, sect. 1756; N 19, st. 2284; N 21, est. 2525; N 27, st. 3431; N 30, est. 3986; N 31, st. 4164, 4193; N 49, sect. 6412; 2011, N 1, st. 16, 45, N 15, sect. 2039; N 23, st. 3259; N 30, est. 4598, 4601, 4605; N 45, sect. 6322, 6334; N 48, est. 6730; N 50, sect. 7361, 7362; 2012, N 10, st. 1162, 1166; N 24, est. 3071; N 30, est. 4172; N 31, est. 4330, 4331; N 47, sect. 6401; N 49, sect. 6752; N 53, sect. 7637; 2013, N 9, sect. 875; N 26, est. 3207; N 27, sect. 3442, 3478; N 30, est. 4031, 4050, 4078; N 44, est. 5641), the following changes: 1) in the first part of article 31, the words "171-1 part one" should be replaced with the words "171-1 parts of the first and third", the words "327-1 Part One" would be replaced by the words "327-1 parts of the first and third"; (2) in paragraph 1 Replace the words "171-1 part one" with the words "171-1 parts first and third" and replace the words "327-1 Part One" with the words "327-1 parts of the first and third"; (3) in article 151: (a) in paragraph 3 of Part Two. in the words "171-1 part two", replace by the words "171-1 parts of the second and fourth", to read Replace "327-1 Part Two" with "327-1 parts of the second and fourth"; b) in Part 5 of "171-1 Part Two" to read "171-1 parts of the second and fourth", and replace "327-1 Part Two" with "327-1 parts of the second". and fourth ". Article 3 Amend the Code of the Russian Federation on Administrative Offences (Legislative Assembly Russian Federation, 2002, 1; N 18, sect. 1721; N 30, est. 3029; N 44, st. 4295; 2003, N 27, sect. 2700, 2708, 2717; N 46, st. 4434, 4440; N 50, sect. 4847, 4855; 2004, N 31, st. 3229; N 34, st. 3529, 3533; 2005, N 1, st. 9, 13, 40, 45; N 10, st. 763; N 13, est. 1075, 1077; N 19, st. 1752; N 27, sect. 2719, 2721; N 30, est. 3104, 3131; N 50, sect. 5247; 2006, N 1, sect. 4, 10; N 6, st. 636; N 10, sect. 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, 3433, 3438, 3452; N 45, sect. 4634, 4641; N 50, sect. 5279; N 52, sect. 5498; 2007, N 1, st. 21, 25, 29; N 7, st. 840; N 16, stop. 1825; N 26, est. 3089; N 30, est. 3755; N 31, st. 4007, 4008, 4015; N 41, est. 4845; N 43, sect. 5084; N 46, st. 5553; 2008, N 18, sect. 1941; N 20 2251; N 30, sect. 3604; N 49, sect. 5745; N 52, 6227, 6235, 6236; 2009, N 1, st. 17; N 7, est. 777; N 23, st. 2759, 2776; N 26, est. 3120, 3122; N 29, 100. 3597, 3642; N 30, stop. 3739; N 48, sect. 5711, 5724; N 52, est. 6406, 6412; 2010, N 1, sect. 1; N 18, sect. 2145; N 19, st. 2291; N 21, est. 2525; N 23, st. 2790; N 27, sect. 3416; N 30, est. 4002, 4006, 4007; N 31, sect. 4158, 4164, 4193, 4195, 4206, 4207, 4208; N 41, sect. 5192; N 49, sect. 6409; 2011, N 1, st. 10, 23, 29, 33, 54; N 7, 100. 901; N 15, stop. 2039; N 17, est. 2310; N 19, 100. 2714, 2715; N 23, est. 3260; N 27, est. 3873, 3881; N 29, st. 4280, 4298; N 30, est. 4573, 4585, 4590, 4598, 4600, 4601, 4605; N 46, st. 6406; N 48, sect. 6728; N 49, sect. 7025, 7061; N 50, stop. 7345, 7345, 7346, 7351, 7352, 7355, 7362, 7366; 2012, N 6, st. 621; N 10, est. 1166; N 19, est. 2278, 2281; N 24, est. 3068, 3069, 3082; N 29, 100. 3996; N 31, st. 4320, 4330; N 47, sect. 6402, 6403, 6404; N 49, sect. 6757; N 53, sect. 7577, 7602, 7640, 7641; 2013, N 14, st. 1651, 1657, 1666; N 19, st. 2319, 2323, 2325; N 26, st. 3207, 3208; N 27, sect. 3454, 3470, 3478; N 30, est. 4025, 4029, 4030, 4031, 4032, 4034, 4036, 4040, 4044, 4078, 4082; N 31, st. 4191; N 43, sect. 5443, 5444, 5445, 5452; 5452; st. 5624, 5643) the following changes: 1) the first paragraph of article 3.12, paragraph 1, after the words "public safety," to be supplemented with the words "in the production and trafficking of ethyl alcohol, alcoholic and alcohol-containing products,"; 2) Article 4.5, paragraph 1, after the words "in the retail market," to be supplemented with the words "in the field of ethyl alcohol, alcohol and alcohol-containing products,"; (3) in the first part of article 6.9, paragraph 1, the words "article 20.20, paragraph 3" Replace the words "Part 2 of article 20.20"; 4) with article 6.10 , to read: " Article 6.10. Involing a minor in the use of alcohol and alcohol-containing products or 1. Involves a minor in drinking alcohol and alcohol-containing products or odourning substances, except as provided for in article 6.18, paragraph 2, of this Code,- 50,000 rubles ($1,500) a year. 2. The same acts committed by parents or other legal representatives of minors, except in the cases provided for in article 6.18, paragraph 2, of this Code, as well as by persons who are responsible for education and training Minors- - is subject to an administrative fine of between 4,000 and 5,000 roubles. "; 5) in article 14.16: (a) the name should read: " Article 14.16. Breach of the rules for selling ethyl alcohol, alcohol and alcohol-containing products "; b), Part 1, amend to read: " 1. Retail sales of ethyl alcohol, including ethyl alcohol in pharmacopoeia articles, alcohol-containing products in pharmacopoeia (excluding products marketed through pharmacy network) or alcohol-containing taste aromatics biologically active eating additives or wine materials- is punishable by an administrative fine of between 10,000 and 15,000 rubles, with the confiscation of ethyl alcohol and alcohol-containing products; Legal entities-from 200 thousand to 300 thousand rubles with confiscation of ethyl of alcohol and alcohol-containing products. "; in) Part 2, amend to read: " 2. Ethyl alcohol (except retail), alcohol and alcohol-containing products without accompanying documents certifying the legality of their production and turnover specified by federal law- The administrative fine of officials in the amount of ten thousand to fifteen thousand rubles with the confiscation of ethyl alcohol, alcoholic and alcohol-containing products; for legal persons-from 200 thousand to 300 thousand rubles with confiscation Ethyl alcohol, alcohol and alcohol-containing products. "; In the second paragraph of Part 3, the words "from three thousand to four thousand" were replaced by the words "from 5,000 to 10,000", the words "from 30,000 to forty thousand" were replaced by the words "between 50,000 and 100,000"; Amend the text as follows: " Article 14.17. Disruption of production requirements or turnover of ethyl alcohol, alcohol and alcohol-containing products 1. Production or turnover of ethyl alcohol, alcohol and alcohol-containing products in violation of the licensing requirements of the legislation on state regulation of production and turnover of ethyl alcohol, alcohol and alcohol Alcohol-containing products and limiting the consumption of alcoholic beverages- is punishable by the imposition of an administrative fine on legal entities in the amount of between 100,000 and 100 thousand rubles with confiscation of products, of equipment, raw materials, semi-finished products, vehicles or other objects, used for the production and trafficking of ethyl alcohol, alcohol and alcohol-containing products, or without such products. 2. Production or trafficking of ethyl alcohol, alcohol and alcohol-containing products with a gross violation of licensing requirements provided for in the legislation on state regulation of production and turnover of ethyl alcohol, alcohol and alcohol Alcohol-containing products and limiting the consumption of alcoholic beverages- is punishable by the imposition of an administrative fine on legal persons ranging from 100 thousand to 200 thousand rubles with confiscation of products, of equipment, raw materials, semi-finished products, vehicles or other of objects used for the production and trafficking of ethyl alcohol, alcohol and alcohol-containing products, or without such products or administrative suspension for up to 90 days, with the confiscation of manufactured products, Equipment, raw materials, semi-finished products, vehicles or other objects used for the production and turnover of ethyl alcohol, alcohol and alcohol-containing products, or without such products. 3. Production or turnover of ethyl alcohol, alcoholic and alcohol-containing products without a corresponding license- entails the imposition of an administrative fine on legal persons in the amount of two hundred thousand to three hundred thousand roubles with confiscation products, equipment, raw materials, semi-finished products, vehicles or other objects used for the production and turnover of ethyl alcohol, alcohol and alcohol-containing products, or without such products. Note. Alcoholic infantile of alcohol and alcohol, alcohol and distilled products, and the limiting of consumption (drinking) of alcohol, under the law of the State regulation of the production and turnover of ethyl alcohol, alcohol and alcohol Production or trafficking of ethyl alcohol, alcohol and alcohol-containing products in Part 2 of this Article means: Use of the main technological equipment intended for the production of ethanol Alcohol-produced alcohols and (or) alcoholic beverages and (or) their storage, for the production and (or) storage of non-food products, other than in the main production; supply of ethyl alcohol, including denaturates, to an organization which is not relevant Licenses or licensed, suspended or unlicensed; alcoholic and (or) alcohol-containing food products of an organization without a license or licensed, action which is suspended; Ethyl alcohol production, The technology of the manufacture of which is to obtain a barda (the main waste of the alcohol production), in the absence of its complete recycling and (or) disposal at treatment plants; production of ethyl alcohol, including Denaturata, from raw materials not included in the list of food and non-food raw materials used for the production of ethyl alcohol, including denaturat, approved in accordance with the procedure established by the Government of the Russian Federation; turnover of alcohol-containing non-food products (excluding ), which contains no information on the risk of the life or health of its citizens for food purposes; delivery of denaturat or denatured alcohol products with the content of denaturistic substances not in conformity with the legal list and the concentration of denaturistic substances or their mixtures, or in violation of the use of denaturrate or denatured alcohol-containing products; realization of ethyl alcohol, alcoholic and alcohol-containing Production with ethyl alcohol content produced from non-edifants or with denatured additives, except alcohol-containing non-food products; implementation of any process and processing operations denatured ethyl ethyl alcohol or denatured alcohol-containing products for the removal of denamiturant substances. "; 7) in the second article 14.18, replace the words" from 4,000 to 5,000 "with the words" from 10,000 to Fifteen thousand rubles, the words "from eighty thousand to one hundred thousand roubles" confiscation of manufactured goods "shall be replaced by the words" from three hundred thousand to five thousand roubles with confiscation of manufactured goods or administrative suspension of activities for a period of up to ninety days "; 8) in the paragraph of the second article The words "from three thousand to four thousand" were replaced by the words "from ten thousand to fifteen thousand", the words "from seventy thousand to eighty thousand" were replaced by the words "from 100 thousand to two hundred thousand"; 9) in article 15.12: (a) In the title, replace the word "Production" with the word "production". "necessary for the implementation of the tax control," delete; b) in the first paragraph of Part 1, replace the word "Production", the words "to carry out the tax control" delete, the words "application of such information". Mandatory,-"shall be replaced by the words" the application of such information shall be mandatory, except for the products referred to in part 3 of this Article, "; ), in the first part of paragraph 2 of the words" to carry out tax control ", the words" for the purpose of "replace" with "for the purpose of marketing", with the exception of the products referred to in Part 4 this article,-"; g) to be completed with Part 3, as follows: " 3. Production of alcoholic beverages without the marking and (or) application of the information provided for in the legislation of the Russian Federation, as well as in violation of the established order of appropriate marking and (or) application of information- The administrative fine shall be imposed on officials in the amount of ten thousand to fifteen thousand rubles with confiscation of objects of administrative offense; legal persons-from 100,000 rubles to 50,000 rubles ($1,150). the confiscation of the objects of an administrative offence. "; d) to supplement Part 4, as follows: " 4. A turnover of alcohol products without the marking and (or) application of the information provided by the legislation of the Russian Federation, if such markings and (or) application of such information are mandatory- produces an overlay The administrative fine of citizens in the amount of 4,000 rubles to 5,000 rubles with confiscation of the objects of administrative offense; officials-from ten thousand to fifteen thousand rubles with confiscation of objects of administrative offense Offences; legal persons-from two hundred thousand to three hundred thousand roubles with confiscation "; 10), article 15.13 states:" Article 15.13. Expostion of information and (or) violation of order and date when declaring production, turnover and (or) using ethyl alcohol, alcohol and alcohol-containing products, use production capacity Correcting information and (or) violation of order and time when declaring production, turnover and/or use of ethyl alcohol, alcohol and alcohol-containing products, use of production facilities capacity- shall be subject to an administrative fine for Officials in the amount of 5,000 to 10,000 roubles; legal entities-from 50,000 to 100 thousand rubles. "; 11) Article 19.4 should be supplemented with Part 6: " 6. Failure to comply with the legal requirements of the official of the body exercising state control (supervision) in the sphere of production and turnover of ethyl alcohol, alcohol and alcohol-containing products- entails the imposition of administrative supervision. A fine of one thousand to two thousand rubles; officials-from 5,000 to 8,000 rubles. "; 12) article 19.5 should be supplemented with Part 22 reading: " 22. Failure to comply with the legal requirement of the body exercising State control (supervision) in the area of production and turnover of ethyl alcohol, alcohol and alcohol-containing products- results in an imposition An administrative fine for officials in the amount of from six thousand to twelve thousand roubles; legal entities-from 20,000 to forty thousand rubles. "; 13) Article 20.20 should read as follows: " Article 20.20. Consumption (consumption) of alcohol products in prohibited places or consumption of the drugs or psychotropic substances in public places 1. The consumption of alcoholic beverages in places prohibited by federal law- entails the imposition of an administrative fine in the amount of 500 rubles to one thousand rubles. 2. Consumption of narcotic drugs or psychotropic substances without the appointment of a doctor or the use of other odourless substances in the streets, stadiums, parks, public transport and other public places- entails an administrative fine in the amount of 4,000 to 5,000 rubles, or an administrative arrest for up to 15 days. 3. The acts referred to in part 2 of this article committed by a foreign national or stateless person- shall be subject to an administrative fine in the amount of 4,000 to 5,000 roubles with administrative expulsion of the Russian Federation or administrative detention for up to 15 days with administrative expulsion from the Russian Federation. "; one thousand five hundred "; (15) article 20.22, as follows: editions: " Article 20.22. Discretion in the state of intoxication minors, consumption (drinking) of the alcohol and alcohol-containing products or their consumption of narcotic drugs or psychotropic substances Intoxication of minors under 16 years of age, or consumption (drinking) of alcohol and alcohol-containing products, or their consumption of narcotic drugs or psychotropic substances without the appointment of a doctor, other odourmands- has an overlay An administrative fine for parents or other legal representatives of minors, in the amount of one thousand five hundred and two thousand roubles. "; Replace the words "article 14.17, paragraph 4" with the words "article 20.20, paragraph 4"; replace by the words "Part 3 of article 20.20"; (b) in Part 2, replace the words "Part 3 of Article 20.20" with "Part 2 of article 20.20"; in the fourth paragraph Part 3, paragraphs 1, 3 and 4, of article 14.17, replace by the words "articles 14.17,"; 17) In article 23.3: (a), in Part 1, replace "Parts 1 to 3 of article 20.20" with "Parts 1 and 2 of article 20.20"; b) in Part 2: in paragraph 1 of the word "20.20 parts 1 to 3" be replaced by " Parts 1 and 2 20.20 "; , in paragraph 2, replace the words" article 20.20, parts 1 to 3 "with the words" article 20.20, parts 1 and 2 "; , in paragraph 3, in paragraph 3 of article 20.20, paragraph 3; Amend the text as follows: " Article 23.50. Organs conducting State control (supervision) in the field of production and turnover of ethyl alcohol, alcohol and alcohol-containing products 1. State control (supervision) of the production and turnover of ethyl alcohol, alcohol and alcohol-containing products deals with administrative offences under Part 2 of Article 14.6 (Part 2). Regulation of prices of ethyl alcohol, alcoholic and alcohol-containing products), parts 2-1 and 3 of Article 14.16, Articles 14.19, 15.13, Part 6 of Article 19.4, Part 22 of Article 19.5 of this Code. 2. Review the cases of administrative offences on behalf of the authorities referred to in Part 1 of this Article, to the right: 1) the head of the federal executive authority exercising State control (supervision) in the field Production and turnover of ethyl alcohol, alcohol and alcohol-containing products, its deputies; 2) heads of territorial bodies of the federal executive authority exercising State control (supervision) in the production and trafficking of ethyl alcohol, alcohol and of the alcohol-containing products, their deputies; 3) the heads of the executive authorities of the constituent entities of the Russian Federation responsible for state control (supervision) in the field of production and turnover of ethyl alcohol, alcohol and alcohol Alcohol-containing products in the retail sale of alcoholic beverages, their deputies. "; 19) in article 23.63, part 1, of the words" 20.20, part 3, of article 20.20 ", replace by the words" Part 2 of Article 20.20 "; 20) in article 28.3, paragraph 2: (a) In paragraph 1, the words " article 14.16, paragraphs 1 to 3, of article 14.16, paragraph 4, in the retail sale of beer and beverages produced on its basis) "shall be replaced by" parts 1 and 2 of article 14.16 ", the words" article 20.20, part 4 "replaced by the words" part 3 of article 20.20 "; b) in paragraph 64 of the words" State control In the case of the production and turnover of ethyl alcohol, alcohol and alcohol-containing products "replace" with the words "State control (supervision) in the field of production and turnover of ethyl alcohol, alcoholic and alcohol-containing products", the words " parts 1, 3 and 4, Article 14.17, replace by the words "Article 14.17,", "15.12," Replace the words "Parts 3 and 4 of article 15.12, article"; in paragraph 66 of the words "article 15.12, part 1, of article 15.12", replace the words "article 15.12, parts 1 and 3" with the words "article 20.20, paragraph 83", to read "Part 3 of article 20.20" 20.20. " President of the Russian Federation Vladimir Putin Moscow, Kremlin 21 December 2013 N 365-FZ