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On Amendments To Certain Legislative Acts Of The Russian Federation With Regard To Strengthening Measures To Counter Trafficking In Counterfeit Goods And Smuggling Of Alcohol And Tobacco Products

Original Language Title: О внесении изменений в отдельные законодательные акты Российской Федерации в части усиления мер противодействия обороту контрафактной продукции и контрабанде алкогольной продукции и табачных изделий

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RUSSIAN FEDERATION FEDERAL LAW amending certain pieces of legislation of the Russian Federation to strengthen countermeasures Products and smuggling of alcohol products and tobacco products adopted by the State Duma on December 16, 2014 Approved by the Federation Council on 25 December 2014 Article 1 Article 1 class="doclink " href=" ?docbody= &prevDoc= 102365343&backlink=1 & &nd=102041891" target="contents"> Criminal Code of the Russian Federation (Collection of Russian legislation, 1996, N 25, p. 2954; 1998, N 26, est. 3012; 1999, N 28, sect. 3491; 2001, N 33, article 3424; N 47, sect. 4404; 2002, N 10, est. 966; N 19, est. 1795; N 26, est. 2518; 2003, No. 11, sect. 954; N 50, sect. 4848, 4855; 2004, N 30, st. 3091; 2005, N 52, sect. 5574; 2006, N 31, sect. 3452; 2007, N 1, est. 46; N 16, est. 1822; N 50, sect. 6248; 2008, N 20, sect. 2251; N 52, sect. 6235; 2009, N 18, sect. 2146; N 31, st. 3922; N 44, est. 5170; N 52, sect. 6453; 2010, N 1, st. 4; N 15, sect. 1756; N 19, st. 2289; N 21, est. 2525, 2530; N 25, st. 3071; N 27, sect. 3431; N 31, est. 4193; 2011, N 11, sect. 1495; N 19, est. 2714; N 29, st. 4291; N 30, est. 4598; N 50, st. 7343, 7361, 7362; 2012, N 10, st. 1166; N 47, sect. 6401; 2013, N 26, sect. 3207; N 27, sect. 3442; N 30, est. 4031, 4078; N 44, est. 5641; N 51, sect. 685; 2014, No. 3385; N 30, sect. 4219, 4278), the following changes: 1) in the first part of Article 104-1, the words "200-1, 226-1 and 229-1", replace the words "200-1, 229-1 and 229-1"; (2) in the Note to Article 169 after the words "except" with the words "except" "Parts of the third to sixth article 171-1,", after the figures "178," to be supplemented with the figures "180,", the words "and 199-1" shall be replaced by the words ", 199-1, 200-1 and 200-2"; 3), article 171-1, amend to read: " Article 171-1. Production, acquisition, storage, transport or marketing of goods and products without marking and (or) the application of information provided for by the Russian Federation law 1. Production, acquisition, storage, transport for the purpose of marketing or marketing of goods and products without marking and/or application of the information provided for in the legislation of the Russian Federation, in the event that such marking and (or) the application of such The information is mandatory (except for those specified in parts of the third and fifth articles), committed in large amounts,- shall be punished with a fine of up to 300 thousand rubles or other income. Convicts for up to two years or compulsory labour for up to three years, or shall be punished by imprisonment for the term of up to five years. 2. The same acts committed by: (a) by a group of persons by prior conspiracy or by an organized group; b) in a particularly large size- shall be punished by a fine of two hundred thousand to five 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 the convicted person up to or without five years. 3. Production, acquisition, storage, transport for the purpose of marketing or selling foodstuffs without marking and/or application of the information provided for in the legislation of the Russian Federation, in the case of such markings and (or) the application of such The information is mandatory (except for the products referred to in part five of this article), committed in large amounts- shall be punished by a fine of up to four hundred thousand roubles or in the amount of wages or other income. for a period of up to two years, or compulsory labour for up to three years, shall be punished by imprisonment for the term of up to three years with a fine of up to 80 thousand rubles ($1) fine. 4. The acts referred to in part three of this article, committed by: a) by a group of persons by prior conspiracy or by an organized group; b) in a particularly large size,- shall be punished by a fine of three hundred and three hundred shall be punished by imprisonment for the term of up to five years, or imprisonment for the term of up to five years, or imprisonment for the term of up to six years. 1 million rubles, or in the amount of wages or other income of the convicted person, up to five years or without it. 5. Production, acquisition, storage, transport for the purpose of marketing or selling unmarked alcohol products subject to mandatory labelling of excise stamps or federal special stamps, as well as unmarked tobacco products, The special (excise) stamps which are marked in large size- shall be punished by a fine of up to five thousand roubles, or in the amount of the wage or other income of the convicted person for up to two years, or shall be punished by imprisonment for the term of up to three years. shall be punished by a fine of up to twenty thousand roubles, or in the amount of wages or other income of the convicted person for up to six months. 6. The acts referred to in paragraph 5 of this article, committed by: (a) by a group of persons by prior conspiracy or by an organized group; b) in a particularly large size,- shall be punished by a fine in the amount of 400 thousand to eight thousand rubles, or in the amount of wages or other income of the sentenced person for a period of one year to three years, or forced labour for the term of up to five years or imprisonment for a term of up to six years with a fine in the amount of up to one million roubles, or in the amount of the wage or other income of the convicted person for the period up to Five years or less. Notes. 1. The value of unmarked food products exceeding the two hundred and fifty thousand roubles, and especially large-one million roubles, is recognized as a major size in parts three and four of this article. 2. The large size of parts five and six of this article recognizes the value of unmarked alcoholic beverages and (or) unmarked tobacco products exceeding one hundred thousand roubles, and especially large-one million roubles. "; 4) in Article 180: (a) In the name of the word "trademark", replace the words "individualization of goods (works, services)"; b) in the second part of the first word "up to 200" to read "from 100,000 to three hundred", the words "eighteen months" to read "two years", to be supplemented with the words ", or shall be punished by imprisonment for the term of up to five years, or imprisonment for the term of up to two years with a fine of up to 80 thousand rubles or in the amount of salary or other income of the convicted person for up to six months; Note: " Note. A major damage in this article is the damage that exceeds two hundred and fifty thousand roubles. "; 5) the first part of article 194, paragraph 1, after the word" parts ", add the word" first, "; 6) to Chapter 22. Article 200-2 follows: " Article 200-2. Smuggling of alcohol and/or tobacco products 1. Illegal movement across the customs border of the Customs Union of the Customs Union of alcoholic beverages and (or) of tobacco products in large size- is punishable by a fine in the amount of 300 thousand to 1 million rubles or salary. shall be punished by imprisonment for the term of up to five years or imprisonment for the same term. 2. The same act committed by: (a) by a group of persons by prior conspiracy; b) by the official using his official position,- shall be punished by imprisonment for a term of three to seven years with a fine in the case of In the amount of up to one million rubles, 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 twelve years, with a fine of up to two million rubles, or in the amount of wages. The payment or other income of a convicted person up to five years of age, or without such income, and with or without restriction of liberty for a period of up to two years. Notes. 1. The acts referred to in this article shall be deemed to have been committed in a large amount if the value of the alcohol and/or tobacco products exceeds two hundred and fifty thousand roubles. 2. Calculation of the value of illegally displaced and (or) tobacco products from the total value of illegally displaced alcoholic beverages and (or) of tobacco products is subject to the exclusion of the part of the value of the specified goods, which Customs legislation of the Customs Union is authorized to move without declaration and (or) has been declared. "; 7) in article 327-1: (a) the first part of the first part after the word" products "should be supplemented with the words", and Special (excise) marks for the labelling of tobacco products "; (b) Paragraph 1 of the second part after the word "products" should be supplemented with the words "as well as special (excise stamps) for tobacco marking"; in) the first part of the third paragraph after the word "products" to be supplemented with the words " or forged Special (excise) marks for tobacco products "; g) the first part of the fourth, after the words" special marks ", to be supplemented with the words" and the use of knowingly forged special marks for the labeling of tobacco products. (Excise). " Article 2 Article 2 of the Code of Criminal Procedure of the Russian Federation (Collection of Laws of the Russian Federation, 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; 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, 4332; 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. 4028, 4031, 4050, 4078; N 44, est. 5641; N 48, sect. 6161; N 51, sect. 6685, 6696; N 52, sect. 6945; 2014, N 6, st. 556, 558; N 19, est. 2303, 2310, 2333, 2335; N 23, 100. 2927; N 26, est. 3385; N 30, sect. 4219, 4259, 4278; N 43, sect. 5792; N 48, st. the following changes: 1) in Part 1 of Article 31, the words "171-1 parts of the first and third" were replaced by the words "171-1 parts of the first, third and fifth"; (2) paragraph 8 of article 73, paragraph 8, after the word "instruments" ", equipment or other means of committing"; 3) in article 81: (a), paragraph 1, of Part One, after the word "implements", add ", equipment or other means of commission"; b) paragraph 1 of Part Three after The words "instruments" should be supplemented with the words ", equipment or other means of commission"; "(4) Part Three of article 115, after the word" instruments "to be supplemented by the words", equipment or other means of commission "; 5) in paragraph 1 of part three of article 150, the words" 171-1 parts of the first and third "shall be replaced by the words" 171-1 parts of the former, of the third and fifth "; 6) in article 151: a) in paragraph 3 of part two of the word" 171-1 parts of the second and fourth "shall be replaced by the words" 171-1 parts of the second, fourth and sixth ", after the words" 200-1 part two, "add" 200-2, "; b) in Part 5 of the word "171-1 parts of the second and fourth" should be replaced with the words "171-1 parts of the second, fourth and sixth", after the words "200-1 part one," to supplement the numbers "200-2,"; 7), paragraph 3 of part 2 of article 157, after the words "200-1 part of the second," to supplement the numbers "200-2,"; 8) part one of the first article 182, after "equipment or other means of commission"; 9), paragraph 10-1 of the first part of article 299, after the word "implements" with the words ", equipment or other means of commission"; 10) 4-1 of Article 307 after the word "implements" to add ", equipment or inoco the means of committing "; 11) part of first article 468 after the word" implements "to supplement the words", equipment or other means of commission ". Article 3 Article 3 Commit to Russian Federation Code of Administrative Offences (Russian Federation Law Assembly, 2002, N 1, Art. 1; N 30, sect. 3029; N 44, st. 4295; 2003, N 27, sect. 2700, 2708, 2717; N 46, st. 4434; N 50, st. 4847; 2004, N 31, sect. 3229; N 34, st. 3533; N 44, est. 4,266; 2005, N 1, est. 13, 40, 45; N 13, st. 1075, 1077; N 19, st. 1752; N 27, sect. 2719, 2721; N 30, est. 3104, 3131; N 50, sect. 5247; N 52, sect. 5574; 2006, N 1, st. 4; N 2, est. 172; N 6, est. 636; N 17, sect. 1776; N 18, st. 1907; No. 19, sect. 2066; N 31, st. 3433, 3438; N 45, est. 4641; N 50, sect. 5281; N 52, sect. 5498; 2007, N 16, st. 1825; N 26, est. 3089; N 30, est. 3755; N 31, st. 4007, 4008; N 41, est. 4845; N 46, st. 5553; 2008, N 20, sect. 2251, 2259; N 30, est. 3604; N 49, sect. 5745; N 52, 6235, 6236; 2009, N 7, st. 777; N 23, st. 2759; N 26, st. 3120; N 29, st. 3597, 3642; N 30, stop. 3739; N 48, sect. 5711, 5724; N 52, est. 6412; 2010, N 1, st. 1; N 19, est. 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, 4206, 4207, 4208; N 41, sect. 5192; 2011, N 1, est. 10, 23; N 15, stop. 2039; N 17, est. 2310; N 19, 100. 2714, 2715; N 23, est. 3260; N 27, est. 3873; N 29, st. 490; N 30, est. 4585, 4590, 4598, 4600, 4601, 4605; N 46, st. 6406; N 47, sect. 6602; N 48, sect. 6728; N 49, sect. 7025, 7061; N 50, stop. 7345, 7345, 7346, 7351, 7355, 7362, 7366; 2012, N 6, st. 621; N 10, est. 1166; N 24, est. 3069, 3082; N 29, st. 3996; N 31, st. 4320, 4330; N 47, sect. 6402, 6403, 6404, 6405; N 49, sect. 6757; N 53, sect. 7577, 7602; 2013, N 14, st. 1666; N 19, est. 2323, 2325; N 26, st. 3207, 3208, 3209; N 27, sect. 3454, 3469, 3470, 3477; N 30, est. 4025, 4027, 4029, 4030, 4031, 4032, 4034, 4036, 4040, 4044, 4082; N 31, st. 4191; N 43, sect. 5445, 5452; N 44, sect. 5624, 5643; N 48, sect. 6161, 6163, 6165; N 49, sect. 6327, 6343; N 51, est. 6683, 6685, 6695, 6696; N 52, st. 6961, 6980, 6986, 6994, 7002; 2014, N 6, st. 557, 566; N 11, stop. 1096; N 14, est. 1562; N 19, 2306, 2306, 2310, 2317, 2324, 2326, 2327, 2335; N 26, Art. 3366, 3379; N 30, est. 4211, 4214, 4218, 4228, 4256, 4259, 4264, N 42, sect. 5615; N 43, sect. 5799; N 48, st. 6636, 6638, 6643, 6651), the following changes: 1) Paragraph 1 of Article 3.5, after the words "Article 13.19-2", after the words "Article 14.10, Part 1", after the words "Article 12.33, 14.1-2," with the words " Part 2 of the article 14.10, ", after the words" articles 14.1-1-1, 14.1-2, 14.1-3, "add the words" to article 14.10, paragraph 2, "; , paragraph 2, to read:" Article 14.7. Consumers 1. The imposition, delivery or counting of consumers in the sale of goods (work, services) or other deception of consumers, except as provided for in Part 2 of this Article- shall impose an administrative fine on citizens 50,000 rubles ($1,500 to $1,150); and organizations, up to 1 million rubles 2. Consumer misconceptions about consumer properties or the quality of goods (work, services) in the production of goods for sale or in the sale of goods (work, services), except as provided for under article 14.10, part 2 Article 14.33, paragraph 1, of this Code, or article 14.33 of this Code, involves imposing an administrative fine on citizens in the amount of between 3,000 and 5,000 rubles; officials-from twelve thousand to twenty thousand rubles; and legal entities-from 100 thousands before 5,000 roubles. "; (3) Article 14.10 set out in the following editions: " Article 14.10. Illegal use of means of individualization of goods (works, services) 1. Illegal use of the trademark, service mark, name of the place of origin of the goods or of similar indications for homogeneous goods, except as provided for in part 2 of this article- The imposition of an administrative fine on citizens in the amount of 5,000 to 10,000 rubles with confiscation of items containing illegal reproduction of the trademark, the service mark, the name of the place of origin of the goods, as well as materials and equipment used for their production and other instruments of commission Administrative offences; officials-from 10,000 to fifty thousand rubles with confiscation of items containing illegal reproduction of the trademark, service mark, name of place of origin, and also materials and equipment used for their production and other means of committing an administrative offence; for legal persons, from fifty thousand to two hundred thousand roubles with confiscation of objects containing illegal reproduction trademarks, service marks, names of place of origin of the goods, and Also, the materials and equipment used for their production and other means of committing an administrative offence. 2. Production for sale or sale of a product containing the illegal reproduction of a foreign trademark, a service mark, the name of the place of origin of the goods or the similarities with them for homogeneous goods, except in the case of Under article 14.33, paragraph 2, of this Code, if the said actions do not constitute a criminal offence, the shall impose an administrative fine on citizens in the amount of two times the value of the goods that appear The subject of an administrative offence, but not less than ten thousand roubles from the Confiscation of items containing the illegal reproduction of the trademark, the service mark, the name of the place of origin of the goods, as well as the materials and equipment used for their production, and other instrumentals of the administrative Offences; officials-in the amount of three times the value of the goods that have been the subject of an administrative offence, but not less than fifty thousand rubles, with confiscation of objects containing illegal reproduction of the goods the symbol, the service mark, the name of the place of origin of the goods, and Also materials and equipment used for their production and other means of committing an administrative offence; legal persons-in the amount of five times the value of the goods that have been the subject of an administrative offence, but not less than 100 thousand rubles with confiscation of items containing illegal reproduction of the trademark, service mark, name of place of origin of the goods, as well as materials and equipment used for their production and other tools of committing an administrative offence. "; 4) in the article 15.12: (a) In the second part of Part 1, the words "three thousand to five" shall be replaced by the words "five thousand to ten"; the words "thirty thousand to fifty" shall be replaced by the words "fifty thousand to one hundred"; b) in the second part of paragraph 2 of the word "two". between the words "4,000 to five" and the words "5,000 to ten", replace the words "forty thousand to fifty" with the words "fifty thousand to three hundred"; First part 3 after the word "products" to be supplemented with the words "or tobacco products"; In the first part of paragraph 4, after the word "products", add the words "or tobacco products"; (5) Part 2 of Article 23.1 after "Parts 1 and 2 of Article 14.6," to be supplemented with the words "article 14.7, paragraph 2,". Article 1252, paragraph 5, of the Fourth Civil Code of the Russian Federation Russian Federation, 2006, 5496; 2014, N 11, st. (1100) Replace "Equipment, other devices and materials" with "Orudiya, equipment or other means". Article 5 Act dated 23 February 2013, N 15-FZ " On public health from the effects of tobacco smoke and the consequences of tobacco use " Federation, 2013, N 8, sect. 721) the following changes: 1) Article 18 should be supplemented with Part 4, as follows: " 4. The authenticity of the federal special stamps and excise stamps is carried out by organizations that carry out wholesale and retail trade in tobacco products and tobacco products visually, as well as access to information resources OF THE PRESIDENT OF THE RUSSIAN FEDERATION The authenticity of the federal special stamps and excise stamps is carried out by the competent authorities visually, using appropriate devices, as well as access to information resources of the Government Commissioner of the Russian Federation of the federal executive branch. "; 2) in article 25, paragraph 4, the words" and article 18, paragraph 2 "shall be replaced by the words", parts 2 and 4 of article 18 ". President of the Russian Federation Vladimir Putin Moscow, Kremlin December 31, 2014 N 530-FZ