RUSSIAN FEDERATION amending the Criminal Code of the Russian Federation and the Code of Criminal Procedure of the Russian Federation Improvements to the bases and the order of exemption from criminal responsibility Adopted by the State Duma on June 21, 2016 Approved by the Federation Council on June 29, 2016 Article 1 Make Criminal Code of the Russian Federation (Collection of Russian legislation, 1996, No. 25, p. 2954; 1998, No. 26, est. 3012; 2001, No. 13, sect. 1140; 2002, No. 44, sect. 4298; 2003, No. 50, sect. 4848; 2004, No. 30, sect. 3091; 2006, No. 31, sect. 3452; 2007, No. 1, est. 46; No. 31, sect. 4008; 2008, No. 52, sect. 6235; 2009, No. 1, sect. 29; No. 26, art. 3139; No. 31, sect. No. 52, sect. 6453; 2010, No. 19, sect. 2289; No. 52, sect. 7003; 2011, No. 11, est. 1495; No. 19, sect. 2714; No. 30, sect. 4598; No. 50, sect. 762; 2012, No. 10, sect. 1162, 1166; No. 29, Art. 3987; No. 47, sect. 6401; No. 49, sect. 6752; 2013, No. 26, est. 3207; No. 27, sect. 3442; No. 44, est. 5641; No. 48, sect. 6165; No. 51, sect. 6685; 2014, No. 19, sect. 2335; No. 26, est. 3385; No. 30, sect. 4278, 4278; 2015, No. 1, st. 83, 85; No. 24, art. 3367; 2016, No. 23, sect. 3286) the following changes: 1) to add the following content to article 76-2: " Article 76-2. Exemption from criminal responsibility with the imposition of a court fine A person who first commits a crime of minor or moderate gravity may be released by the court from criminal liability with the appointment of a court A fine in the event that he or she has compensated or otherwise compensated for the damage caused by the crime. "; 2), article 78, paragraph 3, should read: " 3. The period of limitation shall be suspended if the offender ducts from the investigation or the court or from the payment of a court fine appointed in accordance with article 76-2 of this Code. In this case, the period of limitation shall be renewed from the time of the person's arrest or his/her confession. "; 3) section VI to supplement Chapter 15-2 as follows: " CHAPTER 15 -2. Article 104-4. Trial fine 1. The penalty is a monetary penalty imposed by the court when the person is released from criminal liability in the cases provided for in article 76-2 of this Code. 2. In case of failure to pay a court fine, the court penalty shall be lifted and the person shall be held criminally liable under the relevant article of the Special Part of this Code. Article 104-5. The procedure for determining the amount of a court fine is 1. The amount of the fine shall not exceed one half of the maximum fine provided for in the relevant article of the Special Part of this Code. If the fine is not provided for in the relevant article of the Special Part of this Code, the amount of the fine may not be more than two hundred and fifty thousand roubles. 2. The amount of the court fine shall be determined by the court taking into account the seriousness of the crime and the property of the person released from criminal responsibility and his/her family, and taking into account the possibility of obtaining a wage or a fixed penalty. other income. "; (4) Article 116 should read as follows: " Article 116. Pwallpaper Either assault or other violent acts that caused physical pain but did not result in the consequences referred to in article 115 of the present Code, against close persons, or on the basis of hooliganism, or motives of political, ideological, racial, national or religious hatred or enmity or hatred or enmity against a social group- shall be punished by up to three hundred years of compulsory work 60 hours, or correctional labour for a period of up to one year, or shall be punished by imprisonment for the term of up to five years or imprisonment for the term of up to five years. P and m e h and e. Close relatives in this article are close relatives (spouse, spouse, parents, children, adoptive parents, adopted children, siblings, grandparents, grandchildren), guardians, caregivers, and persons A property with a person who has committed the act referred to in this article, or the persons involved in the general household. "; 5), to supplement article 116-1 as follows: " Article 116-1. Putting a face on the administrative penalty assault or other violent acts that caused physical pain but did not result in the consequences referred to in article 115 of the present The Code, which does not contain any evidence of the offence referred to in article 116 of this Code, shall be liable to a fine of up to forty thousand rubles or a fine of up to 40 thousand roubles. The amount of the wage or other income of the sentenced person for up to three months, or compulsory work for a period of up to two hundred forty hours, or correctional work for up to six months or arrest for up to three months. "; Failure to pay maintenance for children or disabled parents 1. Failure to pay a parent without good reason, in violation of a court decision or a notarized agreement, for the maintenance of minor children and of disabled children who have reached the age of 18 if the act repeatedly,- is punishable by corrective labour for a period of up to one year, or compulsory work for the same period, or arrest for a term of up to three months, or imprisonment for a term of up to one year. 2. Failure to pay adult able-bodied children without valid reasons, in violation of a court decision or a notary public agreement on the maintenance of parents who are unable to work if the act is committed repeatedly,- " shall be punished by corrective labour for a period of up to one year, or by hard labour for the same period, or by arrest for a term of up to three months or imprisonment for a term of up to one year. P and m e a n and me. 1. Non-payment by a parent without valid reasons, in violation of a court decision or a notarized agreement for the maintenance of minor children, as well as of disabled children who have reached the age of 18, if the act has been repeatedly committed, the failure of a parent to pay without valid reasons, in violation of a court decision or a notarized agreement on the maintenance of minor children, as well as of children aged 18 years of age or older subject to an administrative penalty similar to that of an act, at a time when a person is deemed to have been subjected to administrative punishment. 2. Non-payment of adult working children without valid reasons, in violation of a court decision or a notary public agreement on the maintenance of parents who are unable to work, if the act is committed repeatedly, the failure to pay Adults working age children without valid reasons, in violation of a court decision or a notary public agreement on the maintenance of parents who are not able to work and subjected to an administrative penalty for a similar act, the period when a person is deemed to have been subjected to administrative "; 7) in the notes to article 158: (a), paragraph 2 should read: " 2. A significant injury to a citizen in the articles of this chapter, with the exception of article 159, paragraph 5, shall be determined on the basis of his or her property status, but shall not be less than 5,000 roubles. "; b), paragraph 4 should read as follows: " 4. The value of property exceeding 200 thousand rubles is recognized as a large amount in the articles of this chapter with the exception of articles 159 and 159 of Article 159, Articles 159-1, 159-3, 159-5 and 159-6. 8) add the following article 158-1 to read: " Article 158-1. Minor theft committed by a person, administrative penalty Minor embezzlement of foreign property committed by a person subjected to administrative punishment for petty theft provided for under article 7.27, part 2 The Code of Administrative Offences of the Russian Federation- shall be punished with a fine of up to forty thousand rubles, or in the amount of the wage or other income of the sentenced person for a period of up to three months, or compulsory work on up to one hundred and eighty hours, or correctional labour for a period of up to Six months, or restriction of liberty for a period of up to one year, or compulsory work for up to one year, or arrest for up to two months, or imprisonment for a period of up to one year. "; 9) in article 159: a) to be completed with a fifth reading: " 5. Fraud involving the intentional non-performance of contractual obligations in the sphere of business activity, if the act caused significant damage,- is punishable by a fine of up to three hundred thousand roubles. or other income of the convicted person for a period of up to two years, or compulsory work for up to four hundred eighty hours, or correctional labour for up to two years, or forced labour for a period of up to five years with or deprivation of liberty for a period of up to one year or without for up to five years with or without restriction of liberty for a period of up to one year. "; b) shall be supplemented with a sixth of the following content: " 6. The act referred to in paragraph 5 of this article, committed in large part,- shall be punished by a fine in the amount of between 100,000 and five thousand roubles, or in the amount of wages or other income of the convicted person for a period of one year. 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 five years with a fine of up to five years. Other income of the sentenced person up to six months, or without such income, and with the restriction of liberty for the period to one and a half years or not. "; in) to supplement the seventh reading: " 7. The act provided for in a particularly large section of this article- shall be punished by imprisonment for up to ten years with a fine of up to one million rubles, or in the amount of wages or other income. Convicts for a period of up to three years or without it and with a restriction of liberty for a period of up to two years or without it. "; g) to supplement the notes as follows: P and m e a n and I. 1. The damage in the amount of not less than ten thousand roubles is recognized as significant damage in part five of this article. 2. The value of property in excess of three million roubles is recognized as a major part of this article. 3. The value of property in excess of twelve million roubles is recognized as a particularly large amount in part seven of this article. 4. Part 5-7 of this article applies to cases of intentional non-performance of contractual obligations in the field of business, where the parties to the contract are individual entrepreneurs and (or) Commercial organizations. ". Article 2 Amend the Code of Criminal Procedure of the Russian Federation (Legislative Assembly Russian Federation, 2001, No. 52, Art. 4921; 2002, No. 22, sect. 2027; No. 30, sect. 3015, 3020, 3029; No. 44, sect. 4298; 2003, No. 27, sect. 2700, 2706; No. 28, sect. 2880; No. 50, sect. 4847; 2005, No. 1, sect. 13; No. 27, sect. 2711; 2006, No. 28, sect. 2975, 2976; No. 31, sect. 3452; 2007, No. 1, est. 46; No. 16, sect. 1827; No. 24, sect. 2830, 2833; No. 41, sect. 4845; No. 49, sect. 6033; No. 50, sect. 6235, 6236, 6248; 2008, No. 49, sect. 5724; No. 52, sect. 6226; 2009, No. 11, sect. 29, No. 29, art. 3613; No. 44, sect. 5170, 5173; 2010, No. 1, sect. 4; No. 14, sect. 1552; No. 15, sect. 1756; No. 17, sect. 1985; No. 21, sect. 2525; No. 27, sect. 3427, 3428, 3431; No. 31, sect. 4164, 4193; No. 49, sect. 6412, 6419; 2011, No. 1, sect. 16, 39, 45; No. 15, est. 2039; No. 23, sect. 3259; No. 29, Text. 4285, 4286; No. 30, sect. 4598, 4601, 4605; No. 45, sect. 6334; No. 50, sect. 7350, 7361, 7362; 2012, No. 10, sect. 1162, 1166; No. 24, est. 3070; No. 30, sect. 4172; No. 31, sect. 4330, 4331, 4332; No. 47, sect. 6401; No. 49, sect. (...) (...) 7637; 2013, No. 9, sect. 875; No. 17, sect. 2031; No. 26, est. 3207; No. 27, sect. 3442, 3477, 3478; No. 30, sect. 4028, 4050, 4078; No. 44, sect. 5641; No. 48, sect. 6165; No. 51, sect. 6685, 6696; No. 52, sect. 6945, 6997; 2014, No. 6, est. 555; No. 16, sect. 1833; No. 19, sect. 2303, 2310, 2333; No. 23, Art. 2927; No. 26, sect. 3385; No. 30, sect. 4219, 4246, 4259, 4270, 4278; No. 43, sect. 5792; No. 48, Text 6651; 2015, No. 1, art. 47, 58, 81, 83, 85; No. 6, sect. 885; No. 10, sect. 1411; No. 21, sect. 2981; No. 24, sect. 3367; No. 27, sect. 3981; No. 29, sect. 4354, 4391; 2016, No. 1, st. 60, 61; No. 14, sect. 1908; No. 18, sect. 2515) The following changes: 1) in Article 20: a) Part Two should be restated as follows: " 2. Criminal cases relating to offences under articles 115 of Part One, 116-1 and 128 to 1 of the Criminal Code of the Russian Federation are considered criminal cases of private prosecution. of a legal representative, except as provided for in part four of this article, shall be terminated in connection with the reconciliation of the victim with the accused. Reconciliation is allowed before the court is removed to the deliberation room for the judgement, and in the court of appeal, until the court of appeal is removed to the deliberation room to rule on the case. "; b) in part ", except as provided for in article 25 of this Code", delete the words "articles 131" in the words "articles 116, 131"; 2), to read: Article 25-1. Cessation of a criminal case or criminal prosecution in connection with the designation of a measure of a criminal nature in the form of a judicial fine 1. A court of its own motion or upon examination of an application submitted by an investigator with the consent of the head of the investigating body or a person conducting an initial inquiry with the consent of the procurator, in accordance with the procedure established by this Code, in the cases envisaged by the Code. Article 76-2 of the Criminal Code of the Russian Federation may terminate criminal proceedings or criminal proceedings against a person suspected or accused of having committed a crime of minor or moderate gravity, if the person has compensated the damage or in another way, to make amends for the harm caused, and to appoint This person is subject to a penal measure in the form of a court fine. 2. The termination of a criminal case or the criminal prosecution of a criminal measure in the form of a court fine is permitted at any time in the criminal case before the court is removed to the consultation room for the order sentence, and in court of appeal, pending the removal of the court of appeal to the deliberation room to render judgement in the case. "; 3) part two of article 27, after the figures" 25, "to be supplemented with the figures" 25-1, "; 4) First article 29, add the following: " 3-1) To discontinue, on the grounds provided for in article 25-1 of the present Code, in respect of a person suspected or accused of a minor or minor offence, a criminal case or criminal prosecution with a measure Criminal law in the form of a court fine in accordance with the requirements of Chapter 51-1 of this Code; "; 5) to supplement Article 81-1 as follows: " Article 81-1. The procedure for the recognition of objects and documents by the criminal evidence in criminal economic crime cases 1. Items and documents referred to in article 81, paragraph 1, of the present Code, including electronic media, taken during pretrial proceedings in criminal cases under articles 159 to 7, 159 to 1 159-3, 159-5, 159-6, 160 and 165 of the Criminal Code of the Russian Federation, if these crimes are committed in the sphere of business activity, as well as articles 171 to 174-1, 176-178, 180-183, 185-185-4 and 190-199-2 of the Criminal Code of the Russian Federation The Federation is recognized as material evidence and is attached to the materials Criminal proceedings, as ordered. 2. The order for the recognition of exhibits and documents referred to in the first part of this article shall be issued within 10 days of the date on which they are withdrawn. In the event that the examination of the seized items and documents due to their large number or for other objective reasons more time is required, the time limit may be extended for a further 30 days on the reasoned request of the investigator or the person conducting the initial inquiry. Accordingly, the head of the investigation body or the head of the body conducting the initial inquiry. In the event that a forensic examination is required for the recognition of such objects and documents, the time limit for the issuance of the judgement on the recognition of exhibits may not exceed 3 days from the date of receipt by an investigator or an expert opinion investigator. 3. At the request of the legal owner of the documents seized during the pretrial criminal proceedings in the criminal case referred to in Part One of this article, he shall be given the opportunity to withdraw copies from the seized documents at his own expense number, by means of technical means, in accordance with the procedure established by the Government of the Russian Federation. 4. Withheld during pretrial proceedings but not found in material evidence, including electronic media, except for items referred to in paragraph 2 of part three of article 81 of this Code, and documents shall be returned to the persons from whom they were seized, no later than 5 days after the expiry of the time limits specified in paragraph 2 of this article. "; Part One, "supplement the figures" 158-1, "; 7) in article 151: (a) in Paragraph 3 of Part Two, "159 parts of the second to fourth", replace "159 parts of the second to seventh" by "159 parts of the second to the fourth" with "159 parts of the second to seventh"; replace "159 parts of the second to seventh"; 8) 162 to supplement the following: " 6-2. In the case of the return of the criminal case to the head of the investigating body in connection with the cancellation of the order for the termination of the criminal case or criminal prosecution in accordance with the procedure established by article 446-5 of this Code, the duration of the proceedings (d) Investigation and other proceedings may not exceed one month from the date of the criminal case to the investigator. Further extensions of the duration of the preliminary investigation shall be made on general grounds in accordance with the procedure established by Parts 4, 5 and 7 of this Article. "; " 3. If the investigation establishes the grounds referred to in article 25-1 of this Code, the investigator or the person conducting the initial inquiry shall take the measures required by chapter 51-1 of this Code to apply to the court for the termination of criminal proceedings. Prosecution or criminal prosecution of a suspect, a criminal measure of a penal measure in the form of a court fine. "; 10) Part 1 of article 213 is supplemented with the words", except as provided for in article 25-1 of this Code "; 11) in article 236: a) Part The first addition to paragraph 4-1 of the following content: " 4-1) on the termination of a criminal case or criminal prosecution in accordance with article 25-1 of this Code and the designation of the accused as a criminal act in the form of A fine under Article 104-4 of the Criminal Code of the Russian Federation; "; b) to be completed by Part Three, as follows: " 3-1. The decision on the termination of a criminal case or a criminal prosecution with the purpose of a criminal penalty in the form of a fine, in accordance with article 25-1 of the present Code, must also specify the size of the court The penalty, time and order of execution of the criminal measure. "; 12) in article 254: (a) the name after the words" criminal proceedings "should be supplemented by the words" or criminal prosecution "; b) to supplement paragraph 4 , to read: " 4) in the case of Article 25-1 of this Code, taking into account the requirements established by article 446-3 of this Code. "; 13), paragraph 2, paragraph 2, should read: " 2. A copy of the sentence shall be sent by the judge or the president of the court to the institution or to the authority responsible for the execution of the sentence. In order to carry out the sentence, the rulings of the court in terms of the property penalties, together with copies of the judgement, the ruling, the court order, the bailiff is sent to the executor sheet. The executive sheet, together with copies of the judgement, the ruling, may be sent by the court for execution to the bailiff, in the form of an electronic document signed by a judge with enhanced qualified electronic signature in the In accordance with the procedure established by the legislation of the Russian Federation. "; 14), section XVI should be supplemented by Chapter 51, as follows: " CHAPTER 51-1. PERFORMANCE OF CRIMINES IN CRIMINARY DESIGNATION OF A CRIMINARY IN EXCEPTIONAL RESPONSIBILITY Article 446-1. The procedure for terminating the criminal or criminal prosecution with the purpose of a measure of a criminal nature in the form of a judicial fine 1. The requirements of this chapter shall apply in the event of the termination of a criminal case or criminal proceedings under article 25-1 of the present Code and the imposition of a penal measure in the form of a court fine under the article. 104-4 of the Criminal Code of the Russian Federation. 2. The procedure for the termination of a criminal case or criminal prosecution and the imposition of a criminal penalty shall be in accordance with the rules laid down in this Code, with particulars prescribed in this Code. a chapter. Article 446-2. Order of termination of a criminal case or criminal prosecution and assignment of a measure of a criminal nature in the form of a court fine during pretrial proceedings in a criminal case 1. Criminal or criminal proceedings on the grounds referred to in article 25-1 of this Code shall be terminated by the court with the appointment of a person who is exonerated from criminal liability and criminal measures in the form of a fine, OF THE PRESIDENT OF THE RUSSIAN FEDERATION 2. If, in the course of the preliminary investigation, it is established that there are grounds for terminating or prosecuting the suspect, the accused person, the grounds for terminating the criminal case referred to in article 25-1 of this Code, The consent of the head of the investigating body or the person conducting the initial inquiry, with the consent of the procurator, shall issue an order for the court to request the termination of a criminal case or a criminal prosecution against a suspect or accused person of minor or medium gravity and purpose of the measure Criminal fines, which, together with the materials of the criminal case, are sent to court. 3. A copy of the decision referred to in part two of this article shall be sent by the investigator, the person conducting the initial inquiry to the suspect, the accused, the victim and the civil plaintiff. 4. The application referred to in part two of this article shall be considered by a single judge of the district court or a military court of the appropriate level or by a justice of the peace of which the relevant category of criminal proceedings is considered Cases, at the place of the pre-trial investigation, within 10 days from the date of application to the court, with the mandatory participation of the suspect or the accused, defence counsel, if the latter participates in the criminal case, the victim and (or) of his legal representative, the representative, the prosecutor. Failure to appear without valid reasons for parties to the proceedings in a timely and timely way shall not constitute an obstacle to the consideration of the application, except in the case of a person whose appearance is being considered for the termination of criminal proceedings. or prosecution. 5. Following the examination of the application, the judge issues a ruling which indicates one of the following decisions: (1) the granting of a request for termination of a criminal case or a criminal prosecution on the grounds provided for in the petition. Article 25-1 of this Code, and the appointment of a person with a criminal penalty in the form of a court fine; (2) refusing to satisfy a request for the termination of a criminal case or a criminal prosecution and to assign a person the measure Criminal fines as a form of a judicial fine on the return of the application and of a criminal case to the head of the investigating authority or to the procurator, if the information on the participation of the person in the offence, as set forth in the decision to apply for a criminal measure in the form of a criminal measure, The court fined, did not correspond to the factual circumstances of the case established in the course of the judicial review of the application, or the criminal case or prosecution must be terminated on other grounds. 6. In the order of appointment of the person in respect of whom criminal proceedings or criminal proceedings have been terminated on the grounds provided for in article 25-1 of this Code, criminal measures in the form of a judicial fine shall be ordered by a judge, taking into account The financial situation of the person concerned and his family establishes the period during which a person is obliged to pay a court fine and explains the procedure for appealing the order and the consequences of avoiding the payment of a fine. The amount of the fine is determined by the judge in accordance with article 104-5 of the Criminal Code of the Russian Federation. 7. The decision of a judge referred to in paragraph 5 of this article may be appealed to a higher court on appeal in accordance with Chapter 45-1 of this Code. 8. A copy of the order issued following the examination of the request for the termination of a criminal case or criminal prosecution and the imposition of a penal measure in the form of a court fine shall be given or sent to the person in respect of to which it is delivered, to its counsel, to the victim and to his or her legal representative, to the representative, to the person who has made the request, to the prosecutor and to the bailiff. Article 446-3. The procedure for the termination of a criminal case or criminal prosecution and the purpose of a measure of a criminal nature in the form of a judicial fine in court proceedings in a criminal case 1. If the grounds provided for in article 25-1 of this Code are established in the course of a criminal proceeding, the court shall, at the same time as the termination of a criminal case or criminal prosecution, permit the appointment of a measure Criminal law in the form of a court fine. In this case, the court shall issue a ruling or a ruling on the termination of the criminal case or criminal prosecution and on the imposition of a criminal penalty in the form of a fine in the form of a fine, in which the amount of the fine is determined by the court. and the due date of the payment. 2. The court explains to the person in respect of whom criminal proceedings or criminal proceedings have been dismissed and that a criminal penalty is imposed in the form of a fine, the consequences of non-payment of a court fine within the prescribed time limit provided for in part The second article 104-4 of the Criminal Code of the Russian Federation, as well as the need to provide information on the payment of a court fine to the bailiff within 10 days after the expiry of the period prescribed for the payment of a court fine. Article 446-4. { h } { \field { \field { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \b } An appeal to the enforcement of the decision to impose a penal measure in the form of a court fine is imposed on the court that issued the decision. 2. The application of a penal measure in the form of a court fine shall be applied in accordance with the procedure established by article 393 of this Code. Article 446-5. Consequences of the failure of a person to pay a court fine In case of failure by the person to pay a court fine appointed as a criminal measure, the court on the recommendation of the bailiff shall, in accordance with the procedure established by parts of the second, The third, sixth, seventh, article 399 of the present Code, repeals the decision to terminate the criminal case or criminal prosecution and the purpose of a penal measure in the form of a court fine and directs the materials to the leader The investigating body or the prosecutor. Further criminal proceedings are conducted in a general manner. " President of the Russian Federation Vladimir Putin Moscow, Kremlin July 3, 2016 No. 323-FZ