Code Of Administrative Offences Of The Russian Federation
No. 195-Fz Of December 30, 2001 (with the Amendments and Additions of April 25, July 25, October 30, 31, December 31,
2002, June 30, July 4, November 11, December 8, 23, 2003, May 9, July 26, 28, August 20, October 25, December 28, 30, December 30, 2004, March 7, 21, April 22, May 9, July 2, 21, 22, September 27, December 5, 19, 26, 27, 31, 2005, January 5, February 2, March 3, 16,
April 15, 29, May 8, June 3, July 3, 18, 26, 27, October 16, November 3, 5, December 4, 18, 29, 30, 2006, February 9, March 29, April 9, 20, May 7, 10, June 22, July 19, 24, October 2,
18, November 8, 27, December 1, 6, 2007, March 3, April 29, May 13, 16, July 14, 22, November 8, December 3, 25, 26, 30, 2008, February 9, May 7, June 3, 28, 29, July 17, 19,
24, November 9, 23, 25, 28, December 21, 28, 2009, March 9, April 6, 30, May 8, 19, 31, June 17, July 1, 5, 23, 26, 27, 30, October 4, November 8, 29, December 8, 23, 28, 29, 2010, February 7, April 6, 21, May 4, June 3, 4, 27, July 1, 11, 18, 20, 21, November 6, 7, 8, 16, 21,
30, December 3, 6, 7, 8, 2011, January 31, March 1, April 2, 2012)
Adopted by the State Duma on December 20, 2001 Endorsed by the Council of Federation on December 26, 2001
See Federal Law No. 196-FZ of December 30, 2001 of the Enactment of the Code of Administrative Offences of the Russian Federation
Section I. General Provisions
Chapter 1. Aims and Principles of the Legislation on Administrative Offences
Article 1.1. The Legislation on Administrative Offences 1. The legislation on administrative offences consists of this Code and the laws on
administrative offences of subjects of the Russian Federation adopted in compliance with it. 2. This Code is based on the Constitution of the Russian Federation, generally
recognized principles and norms of international law and international treaties of the Russian Federation. Where an international treaty of the Russian Federation establishes rules other than those provided for by the legislation on administrative offences, the rules of the international treaty shall apply.
Article 1.2. Aims of the Legislation on Administrative Offences The aims of the legislation on administrative offences shall be the protection of the
person, of human and civil rights and freedoms, of citizens' health, of the sanitary-and- epidemiological well-being of the population, the defence of public morals, protection of the environment, of the established procedure for exercising state powers, of public order and security, of property, the protection of the lawful interests of natural persons and legal entities, society and the state from administrative offences, as well as the prevention of administrative offences.
Article 1.3. Scope of Jurisdiction of the Legislation on Administrative Offences of the Russian Federation
1. Within the jurisdiction of the legislation on administrative offences of the Russian Federation there shall be the establishment:
1) of general provisions and principles of the legislation on administrative offences; 2) of a list of administrative penalties and rules of imposition thereof; 3) of administrative responsibility regarding matters of federal importance, including
administrative responsibility for violating the rules and norms provided for by federal laws and other normative legal acts of the Russian Federation;
4) of the order of proceedings in respect of cases concerning administrative offences, including the establishment of measures ensuring proceedings in cases concerning administrative offences;
5) of the procedure for enforcement of decisions to impose administrative penalties. 2. In compliance with the legislation on the judicial system, this Code shall determine the
court jurisdiction of cases concerning administrative offences. 3. In compliance with the legislation on the protection of juvenile rights, this Code shall
determine the jurisdiction in cases concerning administrative offences in respect of committees in cases involving minors and protection of their rights.
4. In conformity with the established structure of federal executive bodies, this Code shall determine the jurisdiction in cases concerning administrative offences, provided for by this Code, in respect of federal executive bodies.
5. In compliance with the tasks and functions set for and imposed upon the state power bodies of constituent entities of the Russian Federation by federal laws, this Code shall define jurisdiction in cases on administrative offences stipulated by this Code with respect to executive power bodies of constituent entities of the Russian Federation.
Article 1.3.1. The Scope of Authority of Constituent Entities of the Russian Federation, as Regards the Legislation of Administrative Offences
1. The scope of authority of constituent entities of the Russian Federation, as regards the legislation on administrative offences, shall comprise the following:
1) establishing by the laws of constituent entities of the Russian Federation on administrative offences the administrative liability for breaching the laws and other regulatory legal acts of constituent entities of the Russian Federation and regulatory legal acts of local authorities;
2) arranging proceedings in respect of cases on administrative offences provided for by the laws of constituent entities of the Russian Federation;
3) defining jurisdiction in respect of cases of the administrative offences provided for by laws of constituent entities of the Russian Federation in compliance with Part 2 of Article 22.1 of this Code;
4) establishing commissions for juveniles' affairs and for protection of their rights; 5) establishing administrative commissions and other collective bodies for the purpose of
bringing to administrative liability provided for by the laws of constituent entities of the Russian Federation;
6) compiling a list of officials authorized to draw up records of the administrative offences provided for by the laws of constituent entities of the Russian Federation;
7) regulation by the laws of constituent entities of the Russian Federation of other matters in compliance with this Code.
2. Laws of constituent entities of the Russian Federation may vest local authorities with some powers of a constituent entity of the Russian Federation as to the settlement of the matters cited in Items 4-6 of Part 1 of this Article, with the material and financial assets necessary for their exercise to be transferred thereto. If a local self-government body is vested
with the cited powers, its officials shall be entitled to draw up records of the administrative offences provided for by the laws of the constituent entity of the Russian Federation.
3. Where it is provided for by the laws of a constituent entity of the Russian Federation, officials of local self-government bodies shall be entitled to draw up records of the administrative offences provided for by this Code or by the laws of constituent entities of the Russian Federation, when exercising by local authorities the powers involving the exercise of control (supervision) which have been delegated by the Russian Federation or by constituent entities of the Russian Federation, as well as when exercising municipal control.
4. The executive power bodies of constituent entities of the Russian Federation shall be empowered within the scope of authority thereof established by Chapter 23 of this Code to try cases on the administrative offences provided for by this Code.
5. Officials of executive power bodies of constituent entities of the Russian Federation shall be empowered within the scope of authority of an appropriate executive power body of a constituent entity of the Russian Federation to draw up records of the administrative offences provided for by this Code as it is cited in Article 28.3 of this Code.
Article 1.4. Principle of Equality before Law 1. Persons who have committed administrative offences shall be equal before the law.
Natural persons shall be administratively liable, regardless of their sex, race, nationality, language, origin, property or official status, residence, attitude to religion, opinions, participation in social associations, or other circumstances. Legal entities shall be administratively liable, regardless of location, organisational-and-legal form and subordination or other circumstances.
2. Any special conditions for taking measures aimed at ensuring proceedings in a case concerning an administrative offence or of holding administratively responsibile officials exercising certain state functions (deputies, judges, prosecutors and other persons) shall be established by the Constitution of the Russian Federation and by federal laws.
Article 1.5. Presumption of Innocence 1. A person shall be administratively liable only for those administrative offences, in
respect of which his guilt has been established. 2. A person who is on trial for an administrative offence shall be regarded innocent until
his guilt is proved in the procedure established by this Code and determined by a lawful decision of the judge, or of the body, or of the official who has considered his case.
3. A person held administratively responsibile is not obliged to prove his innocence, except as provided for by the note to this Article.
4. Irremovable doubts in respect of the guilt of a person held administratively responsibile shall be interpreted in favour of this person.
Federal Law No. 69-FZ of April 21, 2011 amended the Note to Article 1.5 of this Code. The amendments shall enter into force on January 1, 2012
Note. The provision of Part 3 of this article shall not extend to the administrative offences stipulated by Chapter 12 of this Code, and to the administrative offences concerning land improvement provided for by laws of constituent entities of the Russian Federation which are made with the use of transport vehicles, if these administrative offences are recorded by special automatically operated technical devices which can perform the functions of photography, cinematographic recording and video recording or by photographic, cinematographic and video recording equipment.
Article 1.6. Ensuring Lawfulness, While Taking Coercive Measures in Connection with an Administrative Offence
1. A person held administratively responsibile may not be subject to an administrative penalty and to measures for ensuring proceedings in respect of a case concerning an administrative offence otherwise than for the reasons and in the procedure established by law.
2. An administrative penalty shall be imposed and measures for ensuring the proceedings in respect of a case concerning an administrative offence shall be taken by the authorized body or official within the scope of jurisdiction of said body or official in compliance with law.
3. When taking administrative coercive measures, decisions or actions (failure to act) abasing human dignity shall not be allowed.
Article 1.7. Operation of the Legislation on Administrative Offences in Time 1. A person who has committed an administrative offence shall be liable under the law
effective at the time of committing the administrative offence. 2. Any law mitigating or terminating administrative responsibility for an administrative
offence, or improving the position of a person who has committed an administrative offence shall be retroactive, that is, it shall also extend to persons who committed administrative offences prior to the entry of such law into force and who have not been punished pursuant to a decision concerning the imposition of an administrative penalty. A law establishing or aggravating administrative responsibility for an administrative offence or worsening the position of the person shall not be retroactive.
3. Proceedings in respect of a case concerning an administrative offence shall be carried out under the law effective at the time of conducting the proceedings in respect of said case.
Article 1.8. Operation of the Legislation on Administrative Offences in Territory 1. A person who has committed an administrative offence in the territory of the Russian
Federation shall be held administratively liable in compliance with this Code or the law of a constituent entity of the Russian Federation on administrative offences, except for the cases envisaged by an international treaty of the Russian Federation.
2. A person who have committed an administrative offence outside the Russian Federation shall be held administratively liable under this Code where it is provided for by an international treaty made by the Russian Federation.
Chapter 2. Administrative Offence and Administrative Responsibility
Article 2.1. Administrative Offence 1. A wrongful, guilty action (omission) of a natural person or legal entity which is
administratively punishable under this Code or the laws on administrative offences of subjects of the Russian Federation shall be regarded as an administrative offence.
2. A legal entity shall be found guilty of an administrative offence, if it is established that it had the opportunity to observe rules and norms whose violation is administratively punishable under this Code or under the laws of a subject of the Russian Federation, but it has not taken all the measures that were in its power in order to follow to them.
3. Imposition of an administrative penalty on a legal entity shall not relieve the guilty natural person of administrative responsibility for the given offence, and holding a natural person to administrative or criminal responsibility shall not relieve the legal entity of administrative responsibility for the given offence.
Article 2.2. Types of Guilt 1. An administrative offence shall be deemed willful, when the person who has committed
it realized the wrongful nature of his action (omission), could foresee the harmful consequences thereof and wished these consequences, or deliberately tolerated them, or treated them indifferently.
2. An administrative offence shall be deemed as committed through negligence, when a person who has committed it could foresee the harmful consequences of his action (omission) but self-conceitedly hoped to prevent such consequences, or did not foresee the appearance of such consequences, though he should have to or could have foreseen them.
Article 2.3. Age at which Person Becomes Administrative Liable 1. A person who has attained the age of sixteen years old by the moment of committing
an administrative offence shall be administratively liable. 2. Subject to the specific circumstances of a case and the data about the person who has
committed an administrative offence at an age from sixteen to eighteen years old, said person may be relieved of administrative responsibility for it by a committee for cases involving minors and for protection of their rights, that shall take measures to safeguard him, as provided for by the legislation on the protection of juvenile rights.
Article 2.4. Administrative Responsibility of Officials An official, who has committed an administrative offence in connection with his failure to
discharge his official duties or improper discharge of his official duties, shall be administratively liable.
Note. An official in this Code means a person who exercises the functions of a public officer on a constant or temporary basis, or is vested with special authority, that is, a person who is vested, in the procedure established by law, with managerial powers in respect of persons who are not officially subordinated to him, as well as a person exercising organisational-and-managerial or administrative-and-economic functions in state bodies, bodies of local self-government, governmental and municipal organisations, in the Armed Forces of the Russian Federation, or in other troops and military regiments of the Russian Federation. Heads and other employees of different organisations, who have committed administrative offences in connection with the exercise of administrative-and-managerial or administrative-and-economic functions, as well as members of the board of directors (supervisory boards), collective executive bodies (administrations, directorates), counting commissions, audit commissions (auditors), liquidation commissions and heads of organisations exercising the authority of sole executive bodies of other organisations that have committed the administrative offences provided for by Articles 13.25, 14.24, 15.17-15.22, 15.23.1, 15.24.1, 15.29-15.31, Part 9 of Article 19.5, Article 19.7.3 of this Code, shall be administratively liable as officials. The persons that carry out the functions of a member of a tender, auction, quotation or unified commission set up by a state or municipal customer, by a budget-financed institution (hereinafter referred to in Articles 3.5, 7.29 - 7.32, Part 7 of Article 19.5, Article 19.7.2 and Article 19.7.4 of this Code as customers) or by empowered body and have committed the administrative offences envisaged by Articles 7.29 - 7.32 of the present Code shall be accountable under administrative law as officials. The persons that carry out entrepreneurial activities without forming a legal entity and have committed administrative offences shall be accountable under administrative law as officials, except as otherwise established by the present Code.
Article 2.5. The Administrative Liabilities of Military Servicemen, of the Citizens Called up to Undergo Periodical Military Training and of the Persons Having Special Ranks
1. For administrative offences, except for the administrative offences envisaged by Part 2 of the present Article, military servicemen, the citizens called up to undergo periodical military training, and the holders of special ranks who are personnel of internal affairs bodies, the bodies and institutions of the criminal penitentiary system, the State Fire Fighting Service, the bodies charged with drug and psychotropic substances control and customs bodies in accordance with the federal laws and other regulatory legal acts of the Russian Federation regulating the undergoing of military service (of service) by the said persons and the status thereof shall bear disciplinary liability.
2. For the administrative offences envisaged by Articles 5.1-5.26, 5.45-5.52, 5.56, 6.3, 7.29-7.32, Chapter 8, Article 11.16 (in as far as it concerns fire safety requirements outside the place of military service (place of service) or the place of periodical military training), Chapter 12, Article 14.9, part 3 of Article 14.32, Chapters 15 and 16, Articles 17.3, 17.7-17.9, by Parts 1 and 3 of Article 17.14, Articles 17.15, 18.1-18.4, parts 2.1, 2.6 of Article 19.5, Articles 19.5.7, 19.7.2, 19.7.4, part 5 of Article 19.8 and Article 20.4 (in as far as it concerns fire safety requirements outside the place of military service (place of service) or the place of periodical military training) of the present Code the persons mentioned in Part 1 of the present Article shall bear administrative liability on a general basis.
Article 2.6. Administrative Responsibility of Foreign Citizens, Stateless Persons and Foreign Legal Entities
1. Foreign citizens, stateless persons and foreign legal entities who have committed administrative offences on the territory of the Russian Federation shall be administratively liable on general grounds.
2. Foreign citizens, stateless persons and foreign legal entities who have committed administrative offences on the continental shelf and in the economic exclusion zone of the Russian Federation, provided for by Part 2 of Article 8.16, Articles 8.17 - 8.20, Part 2 of Article 19.4 of this Code, shall be administratively liable on general grounds.
3. The issue of the administrative responsibility of a foreign citizen, who is immune from the administrative jurisdiction of the Russian Federation in compliance with the federal laws and international treaties of the Russian Federation and who has committed an administrative offence on the territory of the Russian Federation, shall be resolved in conformity with the rules of international law.
Article 2.6.1. Administrative Liability of Owners (Possessors) of Transport Vehicles
Federal Law No. 69-FZ of April 21, 2011 amended part 1 of Article 2.6.1 of this Code. The amendments shall enter into force on January 1, 2012
1. Owners (possessors) of transport vehicles shall be held administratively liable for administrative road traffic offences and the administrative offences concerning land improvement provided for by laws of constituent entities of the Russian Federation which are made with the use of transport vehicles, if they are recorded by special automatically-operated technical devices which can perform the functions of photography, cinematographic recording and video recording or by photographic, cinematographic and video recording equipment.
2. The owner (possessor) of a transport vehicle shall be exempted from administrative liability if in the course of the consideration of a complaint to a judgement in a case of administrative office turned out in accordance with Part 3 of Article 28.6 of this Code, the data contained in the complaint, that at the time of recording the administrative offence the transport vehicle was possessed or used by another person or by this time it had ceased to be in his/her
possession as a result of unlawful actions of other persons, were confirmed.
Article 2.7. Urgent Need Where a person inflicts wrong against interests protected by the law in the event of
urgent necessity, that is, for the prevention of a direct danger to a person, or to the rights of the given person, or of other persons, as well as to the interests of the state or society protected by the law, and where this danger could not be prevented by other means and the inflicted wrong is less than the one that has been prevented, it shall not be deemed an administrative offence.
Article 2.8. Insanity A natural person who, when committing wrongful actions (omission), was insane, that is,
could not comprehend the actual nature and wrongfulness of his actions (omission), or could not direct them as a result of a chronic mental disorder, or a temporary mental disorder, or imbecility, or any other mental disease, shall not be administratively liable.
Article 2.9. Possible Relief from Administrative Responsibility, When an Administrative Offence Is Insignificant
Where an administrative offence is insignificant, a judge, or a body, or an official authorized to resolve a case concerning the administrative offence, may relieve the person, who has committed the administrative offence, of administrative responsibility and limit themselves to a reprimand.
Article 2.10. Administrative Responsibility of Legal Entities 1. Legal entities are administratively liable for committing administrative offences in the
cases provided for by the articles of Section II of this Code or by the laws on administrative offences of subjects of the Russian Federation.
2. In the event it is not indicated in the articles of Sections I, III, IV and V of this Code that the norms, established by these articles, apply only to a natural person or only to a legal entity, these norms are equally effective either in respect of a natural person or in respect of a legal entity, safe for the cases where these norms by the meaning thereof apply or may apply only to a natural person.
3. In the event that several legal entities have merged, the newly formed legal entity shall be administratively liable.
4. Where a legal entity has been adjoined to another legal entity, the legal entity, which has annexed another legal entity, shall be administratively liable.
5. Where a legal entity has been divided or one or several legal entities have separated out of a legal entity, the legal entity to which, according to the separating balance, the rights and liabilities in respect of the transactions made or the property relating to a committed administrative offence have been assigned, shall be administratively liable.
6. Where a legal entity of one type transforms into a legal entity of another type, the newly formed legal entity shall be administratively liable.
7. In the cases, indicated in Parts from 3 to 6 of this Article, administrative responsibility shall occur, regardless of whether the legal entity held administratively responsible knew about the fact of the administrative offence prior to the completion of the reorganisation.
8. Administrative penalties, imposed, in compliance with Items 2 to 4 of Part 1 of Article 3.2, on a legal entity for committing an administrative offence prior to the completion of the reorganisation of the legal entity, shall apply subject to the provisions of Parts 3 to 6 of this Article.
9. In the event of committing an administrative offence by the sole executive body of a
legal entity that has the status of a legal entity, an administrative penalty shall be imposed thereupon within the limits of the sanction envisaged for legal entities.
Chapter 3. Administrative Penalty
Article 3.1. Aims of an Administrative Penalty 1. An administrative penalty is a punitive measure for committing an administrative
offence, established by the state, and it shall be administered for the purpose of preventing the commitment of new offences either by the offender himself, or by other persons.
2. An administrative penalty may not be aimed at the abasement of human dignity of the natural person who has committed an administrative offence, or at inflicting on him physical suffering, or at damaging business reputation of a legal entity.
Article 3.2. Types of Administrative Penalties 1. The following types of administrative penalties may be established and imposed for
committing administrative offences: 1) warning; 2) administrative fine; 3) abrogated from July 1, 2011; 4) confiscation of the instrument or the object of an administrative offence; 5) deprivation of a special right granted to a natural person; 6) administrative arrest; 7) administrative deportation from the Russian Federation of a foreign citizen or a
stateless person; 8) disqualification. 9) administrative suspension of the activity. 2. The administrative penalties enumerated in Items 1 to 4 and 9 of the first part of this
Article may apply to a legal entity. 3. The administrative penalties enumerated in Items 3 to 9 of Part 1 of this Article shall be
established only by this Code.
Article 3.3. Principal and Additional Administrative Penalties 1. A warning, an administrative fine, deprivation of a special right granted to a natural
person, an administrative arrest, disqualification and an administrative suspension of the activity may be established and imposed as principal administrative penalties.
2. Confiscation of the instrument or subject of an administrative offence, as well as administrative deportation from the Russian Federation of a foreign citizen or a stateless person may be established and imposed either as a principal penalty, or as an additional one.
3. For one administrative offence there may be imposed either a principal administrative penalty, or a principal and additional one from the number of penalties indicated in the sanctions part of an applicable article of the Given Part of this Code or of the law on administrative responsibility of a subject of the Russian Federation.
Article 3.4. Warning 1. A warning is an administrative punitive measure in the form of an official censure of a
natural person or of a legal entity. A warning shall be issued in writing. 2. A warning shall be imposed for administrative offences made for the first time, if there
is no harm caused, or there is no threat of causing harm, to human life or health, to items of the
animal or plant kingdom, the environment, cultural heritage items (historical or cultural monuments) of peoples of the Russian Federation, state security, or the threat of emergencies of natural and man-caused character, as well as if there is no damage caused to property.
Article 3.5. The Administrative Fine
1. "Administrative fine" is a monetary sanction expressed in terms of roubles which is set in the following amounts: for citizens not exceeding five thousand roubles; for officials fifty thousand roubles; for legal entities one million roubles or, where it is provided for by Articles 14.40, 14.42 of this Code, five million roubles, or it may be expressed as a value divisible by:
1) the value of the object of the administrative offence as of the time of termination or stopping of the administrative offence;
2) the sum of taxes, fees or customs duties unpaid and outstanding as of the time of termination or stopping of the administrative offence or the sum of an illegal currency transaction or the sum of the amounts of money or the value of internal and external securities written off and/or entered in without observance of the established reservation requirement or the sum of currency proceeds that has not been sold in the established procedure or the sum of amounts of money not credited within the established term to accounts in empowered banks, or the sum of money resources, multiple to the amount of the refinancing rate of the Central Bank of the Russian Federation from the sum of the money resources credited to the accounts with the empowered banks with the infringement of the established term, or the sum of amounts of money not returned when due to the Russian Federation or the amount of money, the value of securities, other property or the cost of services of a pecuniary nature which have been unlawfully transferred or rendered on behalf of a legal entity or the sum of an unpaid administrative fine;
3) the sum of the proceeds of an offender from the sale of goods (work, service) in the market of which the administrative offence has been committed, for the calendar year preceding the year in which the administrative offence was detected or the part of the calendar year in which the administrative offence was detected preceding the date of detection of the administrative offence, unless the offender pursued the activity of selling goods (work, service) in the preceding calendar year;
4) the amount of proceeds derived by the offender from selling commodities (works or services) as a result of wrongful holding up of prices (tariffs, rate scales, rates and the like) for the whole period while the offence was lasting but at most for one year;
5) the initial (maximum) price of a state or municipal contract when an order is placed for the delivery of goods, performance of works or provision of services for state or municipal needs, as well as of a civil law contract of a budget-financed institution when placing an order to supply commodities, carry out works or render services for meeting the needs of the budget- financed institution (hereinafter also referred to as contracts of supplying commodities, carrying out works or rendering services to meet the needs of customers or contracts.
6) the sum of excessive income or the sum of the losses which have been evaded by the person as the result of illegal use of insider information and/or market manipulation.
2. The amount of an administrative offence shall not be below one hundred roubles.
3. The amount of an administrative fine calculated on the basis of the value of the object of an administrative offence, and also on the basis of the sum of unpaid taxes, fees or customs
duties or the sum of an illegal currency transaction or the sum of amounts of money or the value of internal and external securities written off and/or entered in without observance of the established reservation requirement or the sum of currency proceeds that have not been sold in the established procedure or the sum of amounts of money not entered when due in accounts in empowered banks, or the sums of money resources multiple to the amount of the refinancing rate of the Central Bank of the Russian Federation from the sum of the money resources credited to the accounts with the empowered banks with the infringement of the established term, or the sum of amounts of money not returned when due to the Russian Federation or the amount of money, the value of securities, other property or the cost of services of a pecuniary nature which have been unlawfully transferred or rendered on behalf of a legal entity shall not exceed the three-fold amount of the value of the object of the administrative offence or of the relevant sum or value, in the cases provided for by Articles 7.27 and 7.27.1 of the present Code may not exceed the fivefold amount of the value of the stolen property, and in the case provided for by Article 19.28 of this Code the one hundred-fold amount of monetary assets, the cost of securities, other property, services of property nature, other property rights which have been illegally transferred, rendered, promised or offered on behalf of the legal entity.
4. The amount of an administrative fine calculated on the basis of the sum of proceeds of an offender from the sale of goods (work, services) in the market of which the administrative offence has been committed shall not exceed one twenty fifth of the aggregate sum of proceeds from the sale of all goods (works, services) for the calendar year preceding the year in which the administrative offence was detected or the part of the calendar year in which the administrative offence was detected preceding the date of detection of the administrative offence, unless the offender pursued the activity of selling goods (works, services) in the preceding calendar year.
4.1. The rate of an administrative fine estimated on the basis of the amount of an offender's proceeds derived from selling commodities (works and services) as a result of wrongful holding up of prices (tariffs, rate scales, rates and the like) may not exceed the two-fold amount of the proceeds received in excess for the whole regulation period while the offence was lasting but at most for one year.
5. The sum of an administrative offence shall be entered in the budget in full in accordance with the legislation of the Russian Federation.
6. The following are not subject to an administrative fine: sergeants, sergeant-majors, soldiers or sailors undergoing military service on draft, and also cadets of military professional education institutions before the conclusion of a military service contract with them.
Article 3.6. Abrogated from July 1, 2011. Article 3.7. Confiscation of the Instrument or Subject of an Administrative Offence 1. Confiscation of the instrument or subject of an administrative offence is the compulsory
transfer to federal ownership or the ownership of a subject of the Russian Federation of articles which are not withdrawn from circulation. Confiscation shall be imposed by a judge.
2. Confiscation of hunting weapon, ammunition and other permitted hunting and fishing equipment may not be imposed on those persons for whom hunting and fishing are the main legal sources of means of sustenance.
3. The seizure from an administrative offender who unlawfully has in his possession the following instruments or subjects of an offence shall not be deemed a confiscation:
items subject to return to the legal owner thereof in compliance with the federal laws; items withdrawn from circulation or wrongfully possessed by a person who has
committed an administrative offence and for that and other reasons subject to transfer to state ownership or to destruction.
Article 3.8. Deprivation of a Special Right 1. Deprivation of a natural person, who has committed an administrative offence, of a
special right granted to him before, shall be imposed for gross or systematic violation of the procedure for enjoying this right in the cases provided for by the articles of the Special Part of this Code. Deprivation of a special right shall be imposed by a judge.
2. The term of deprivation of a special right may not be less than one month or more than three years.
3. Deprivation of a special right in the form of the right to drive a transport vehicle may not be imposed on the person using his transport vehicle by reason of his disability, except of the cases provided for by Parts 1 and 3 of Article 12.8, Article 12.26 and Part 2 of Article 12.27 when, when a person drives his transport vehicle in a state of alcoholic intoxication, or avoids a proper medical examination as regards alcoholic intoxication, or where said person leaves, in defiance of the established rules, the place of a road traffic accident of which he is a participant.
4. The deprivation of a special right in the form of a right to hunt is not applicable to the persons for which hunting is a basic legal source of means of subsistence.
Article 3.9. Administrative Arrest 1. Administrative arrest shall consist of keeping an offender isolated from society and
shall be established for the term up to fifteen days, and up to 30 days for violating the demands of a state of emergency or of the legal regime of an anti-terrorist operation. An administrative arrest shall be imposed by a judge.
2. An administrative arrest shall only be established and imposed in exceptional cases for individual types of administrative offences, and it may not be enforced in respect of pregnant women, or women having children of fourteen years or less, or in respect of persons who have not attained the age of eighteen years, or disabled persons of Group I and II, military servicemen, the citizens called up to undergo periodical military training, and also the holders of special ranks who are personnel of internal affairs bodies, the bodies and institutions of the criminal penitentiary system, the State Fire Fighting Service, the bodies charged with drug and psychotropic substances control and customs bodies.
3. The term of any administrative detention shall be included into the term of the administrative arrest.
Article 3.10. Administrative Deportation from the Russian Federation of a Foreign Citizen or of a Stateless Person
1. Administrative deportation from the Russian Federation of foreign citizens or stateless persons shall consist of the compulsory and controlled transportation of said citizens and persons across the state border of the Russian Federation beyond the boundaries of the Russian Federation (hereinafter referred to as compulsory deportation from the Russian Federation), and in the cases, provided for by the laws of the Russian Federation, the controlled independent exit of foreign citizens and stateless persons out of the Russian Federation.
2. Administrative deportation from the Russian Federation as an administrative punitive measure shall be established in respect of foreign citizens and stateless persons and shall be imposed by a judge, but in the event a foreign citizen or a stateless person commits an administrative offence when entering the Russian Federation, it shall be done by appropriate officials.
See Service Manual on Organising the Operation of the Ministry of Internal Affairs of the Russian Federation, the Federal Migration Service and Their Territorial Bodies in Terms of the
Deportation and Administrative Expulsion of Foreign Citizens and Stateless Persons out of the Russian Federation approved by Order of the Ministry of Internal Affairs of the Russian Federation and the Federal Migration Service No. 758/240 of October 12, 2009
On the procedure for an administrative banishment of a foreign citizen out of the boundaries of the Russian Federation, see Federal Law No. 115-FZ of July 25, 2002
See Instructions on Organising the Activities of Frontier Bodies Involving the Administrative Expulsion from the Russian Federation of Foreign Citizens and Stateless Persons approved by Order of the Federal Security Service No. 631 of December 23, 2008
3. An administrative expulsion from the Russian Federation is not applicable to military servicemen who are foreign citizens.
4. While ordering an administrative penalty in the form of administrative expulsion of a foreign citizen or stateless person from the Russian Federation a judge shall take a decision on his/her enforced expulsion from the Russian Federation or on his/her leaving the Russian Federation on his/her own under control.
From January 1, 2012 up to July 1, 2012 the provisions of part 5 of Article 3.10 of this Code (in the wording of Federal Law No. 410-FZ of December 6, 2011) shall be applied as special institutions get formed in the established procedure by executive governmental bodies of subjects of the Russian federation for the keeping of foreign citizens and stateless persons subject to administrative expulsion from the Russian Federation or deportation
5. For the purpose of performing an administrative penalty administered to a foreign citizen or stateless person in the form of enforced expulsion from the Russian Federation a judge is entitled to subject such persons to detention in a special institution intended for the foreign citizens and stateless persons who are subject to administrative expulsion from the Russian Federation.
6. An administrative penalty in the form of exit from the Russian Federation on one's own under control may be administered to a foreign citizen or stateless person when administrative expulsion from the Russian Federation is at the expense of such foreign citizen or stateless person or at the expense of the body, diplomatic mission or consular institution -- that has invited them -- of the foreign state of which the expelled foreign citizen is citizen, the international organisation or mission thereof, the natural person or legal entity mentioned in Article 16 of Federal Law No. 115-FZ of July 25, 2002 on the Legal Status of Foreign Citizens in the Russian Federation.
Article 3.11. Disqualification
1. "Disqualification" means the deprivation of a natural person of his/her right to occupy positions in the federal state civil service, positions in the state civil service of a subject of the Russian Federation, positions in a municipal service, occupy positions in the executive managerial body of a legal entity, sit on a board of directors (supervisory board), pursue the entrepreneurial activity of managing a legal entity, to direct a legal entity in the other cases envisaged by the legislation of the Russian Federation or to pursue activities in the area of training sportsmen (including medical support for them) and organising and conducting sport events. An administrative penalty in the form of disqualification shall be ordered by a judge.
2. Disqualification shall be set for a term of from six months to three years.
3. Disqualification is applicable to the persons who occupy positions in the federal state civil service, positions in the state civil service of a subject of the Russian Federation, positions in a municipal service, the persons who carry out organisational-managerial or administrative- economic functions in a body of a legal entity, the members of a board of directors (supervisory board), persons pursuing entrepreneurial activities without forming a legal entity, the persons pursuing private practice, or to coaches, sport medicine specialists or other specialists in the area of physical education and sport who occupy the positions included in the list approved in accordance with the legislation of the Russian Federation.
Article 3.12. Administrative Suspension of Activity
1. Administrative suspension of activity comes down to a temporary termination of the activity of persons engaged in business activity without creating a legal entity, of legal entities, of their affiliates, representations, structural subdivisions and production sectors, as well as of the running of aggregates, objects, buildings or structures, of the performance of the individual kinds of activity (of works) and of rendering services. An administrative suspension of the activity shall be applied in case of a threat to the life or the health of people, of an epidemy, epizooty, contamination (pollution) of the objects intended for the quarantine by quarantine items, if a radiation accident occurs or a technogenic catastrophe breaks out, if essential harm is inflicted upon the state or standard of the environment, or if an administrative law offence is perpetrated in the area of the traffic in narcotics, psychotropic substances and their precursors, plants containing narcotics, or psychotropic substances, or precursors thereof and in their parts containing narcotics, or psychotropic substances, or precursors thereof, in the area of counteraction to legalising (laundering) incomes derived in a criminal way, and to financing terrorism, in the area of the restrictions established under federal laws in respect of foreign citizens, stateless persons and foreign organisations, as regards the rules for engaging foreign citizens and stateless persons in labour activities exercised at trade outlets (including shopping complexes), in the field of control procedures, public order maintenance and public security, in the field of town-planning activity and transport safety.
An administrative suspension of activity shall be assigned by a judge. For the administrative offence stipulated by Part 3 of Article 9.1 of this Code (concerning a gross violation of the requirements of industrial safety) the administrative suspension of activity shall be assigned by the officials mentioned in Items 1 and 4 of Part 2 of Article 23.31 of this Code.
An administrative suspension of the activity shall be appointed only in cases stipulated in the Articles of the Special Part of the present Code, if a less rigorous kind of an administrative punishment cannot ensure the achievement of the goal set in the administrative punishment.
2. An administrative suspension of the activity shall be imposed for a term of up to ninety days. The time period for administrative suspension of activity shall be estimated from the time of actual suspension of activity of persons exercising business activities without forming a legal entity, of legal entities, their branches, representative offices, structural units and workshops, as well as of the operation of aggregates, facilities, buildings or structures, of the exercise of some kinds of activities (works) and of rendering services.
3. On the basis of a petition of a person engaged in business activity without creating a legal entity, or of a legal entity, the judge, body or official that has ordered an administrative penalty in the form of administrative suspension of activities, shall stop the execution of the administrative punishment in the form of an administrative suspension of the activity before the
fixed time, if it is established that the circumstances mentioned in the first part of the present Article which served as a ground for meting out the given administrative punishment have been eliminated.
Chapter 4. Imposition of an Administrative Penalty
Article 4.1. General Rules for Imposing an Administrative Penalty 1. An administrative penalty for committing an administrative offence shall be imposed
within the limits, established by the law stipulating the responsibility for the given administrative offence, in compliance with this Code.
2. When imposing an administrative penalty on a natural person, the nature of the administrative offence committed by him, the personality of the culprit, his property status, the circumstances mitigating the administrative responsibility and the circumstances aggravating the administrative responsibility, shall be taken into account.
3. When imposing an administrative penalty on a legal entity, the nature of the administrative offence committed by it, the property and financial status of the legal entity, the circumstances mitigating the administrative responsibility and the circumstances aggravating the administrative responsibility, shall be taken into account.
3.1. In the cases provided for by Part 3 of Article 28.6 of this Code an administrative penalty shall be imposed in the form of an administrative fine. In this case, the amount of the administrative fine imposed shall be the least within the range of the sanction of the applicable article or part of article of the Special Part of the present Code, and in cases when the sanction of the applicable article or part of article of the Special Part of the present Code has a provision for an administrative penalty in the form of deprivation of the right to drive a vehicle or of an administrative arrest then the administrative penalty shall be ordered in the form of an administrative fine in the largest amount envisaged for citizens by Part 1 of Article 3.5 of the present Code.
4. Imposition of an administrative penalty shall not relieve a person, who has been penalized for failure to perform a duty, from carrying out this duty.
5. No one shall bear administrative responsibility twice for the same administrative offence.
Article 4.2. Circumstances Mitigating Administrative Responsibility
1. The following are deemed as circumstances alleviating administrative liability: 1) repentance by the person that has committed an administrative offence; 2) the voluntary termination of wrongful behaviour by the person that has committed an
administrative offence; 3) the voluntary provision of information about an administrative offence by the person
that has committed the administrative offence to a body empowered to carry out proceedings in a case of the administrative offence;
4) the assistance of the person that has committed an administrative offence rendered to a body empowered to carry out proceedings in a case of the administrative offence in establishing the circumstances that are to be established in the case of the administrative offence;
5) the prevention of harmful circumstances of an administrative offence by the person that has committed the administrative offence;
6) voluntary compensation by the person that has committed an administrative offence
for inflicted damage or voluntary elimination of inflicted harm; 7) the voluntary performance by the person that has committed an administrative offence
-- before the issuance of a decision in a case of the administrative offence -- of an order for elimination of committed offence issued by a body responsible for state control (supervision);
8) the commission of an administrative offence in the state of strong mental agitation (heat of passion) or in grave personal or family circumstances;
9) the commission of an administrative offence by a minor; 10) the commission of an administrative offence by a pregnant woman or a woman
having an infant. 2. A judge, body or official, while considering a case concerning an administrative
offence, may deem as mitigating circumstances not indicated in this Code or in the laws of subjects of the Russian Federation on administrative offences.
3. The present Code may provide for other circumstances alleviating administrative liability for the commission of specific administrative offences and also the details of taking account of the circumstances alleviating administrative liability when an administrative penalty is determined for the commission of specific administrative offences.
Article 4.3. Circumstances Aggravating Administrative Responsibility 1. The following circumstances shall be deemed as aggravating administrative
responsibility: 1) continuation of wrongful conduct, despite the demand of authorized persons to
terminate it; 2) repeated commitment of a similar administrative offence, in which the person has
already been penalized for committing such an offence in respect of which the term, provided for by Article 4.6 of this Code, has not yet expired;
3) drawing minors into the commitment of an administrative offence; 4) committing of an administrative offence by a group of persons; 5) committing an administrative offence during natural disasters or under other
emergency circumstances; 6) committing an administrative offence in a state of alcoholic intoxication. A judge, body or official, imposing an administrative offence, depending on the nature of
the committed administrative offence, may not deem the given circumstance as aggravating. 2. The circumstances provided for by Part 1 of this Article, may not be deemed as
aggravating in the event, if said circumstances are stipulated by the appropriate rules on administrative responsibility for committing an administrative offence as qualifying indicia of the administrative offence.
3. The present Code may provide for other circumstances aggravating administrative liability for the commission of specific administrative offences and also the details of taking account of the circumstances aggravating administrative liability when an administrative penalty is determined for the commission of specific administrative offences.
Article 4.4. The Imposition of Administrative Sanctions for the Committal of Several Administrative Offences
1. If a person has committed two or more administrative offences an administrative sanction shall be imposed for each offence.
2. If a person has committed one action (omission) having the features of administrative offences for which accountability is envisaged by or and more articles (parts of articles) of the present Code and for which case the hearing shall fall within the jurisdiction of one and the
same judge, body or official, an administrative sanction shall be imposed within the limits of a sanction that envisages the imposition of a tougher administrative sanction on the person who has committed said action (omission).
3. In the case envisaged by Part 2 of the present article an administrative sanction shall be imposed:
1) within the limits of a sanction which does not envisage the imposition of an administrative sanction in the form of a warning if one of said sanctions envisages the imposition of an administrative sanction in the form of a warning;
2) within a sanction which can cause the imposition of a larger administrative fine in terms of money if said sanctions envisage the imposition of an administrative sanction in the form of an administrative fine.
4. When an administrative sanction is imposed in keeping with Parts 2 and 3 of the present article additional administrative sanctions may be imposed as envisaged by each of the sanctions.
Article 4.5. Limitation on Holding a Person Administratively Responsible
1. A decision in respect of a case concerning an administrative offence may not be rendered upon the expiry of two months (in respect of a case on an administrative offence tried by a judge upon the expiry of three months) from the date of committing the administrative offence, in the event of violating the laws of the Russian Federation on export control, on internal sea waters, or on inland seas, or on the continental shelf, or on the economic exclusion zone of the Russian Federation, of the patent, antimonopoly, budgetary or currency laws of the Russian Federation and acts of the currency regulation bodies, on the protection of the environment, legislation on energy saving and improvement of energy efficiency, legislation of the Russian Federation, on public health care, on the population's sanitary-epidemiological safety, on road traffic safety (as regards administrative offences entailing the infliction of minor- gravity and medium gravity harm upon the victim's health), on copyright and neighbouring rights, on trademarks, service marks and names of the places of the origin of goods, of the laws of the Russian Federation on the use of atomic power, on taxes and fees, on the protection of consumers' rights, on the state regulation of prices (tariffs), on natural monopolies, on the fundamentals of regulation of public utility organisations' tariffs, on advertising, on electric-power industry, on lotteries, on elections and referendums, on participation in share construction of apartment houses and (or) other immovable property units, on counteracting the legalisation (laundering) of incomes received by way of crime and the financing of terrorism, on joint-stock companies, on limited liability companies, on the securities market, on investment funds, non- state pension funds, the legislation on countering the illegal use of inside information and market manipulation, as well as in the event of violating the immigration rules, rules for engaging in labour activities in the Russian Federation foreign citizens and stateless persons (in particular, foreign workers), legislation on the insolvency (bankruptcy), on placement of orders to supply goods, carry out works and render services for meeting state and municipal needs, on the organisation of activity in the sale of goods (performance of works or services) at retail markets, on fire safety, on industrial safety, such a decision may not be rendered after the expiration of one year as of the date of committing the administrative offence, for infringement of the customs legislation of the Customs union in the framework of EurAsEC (hereinafter - the Customs union) and (or) the legislation of the Russian Federation about customs business after two years from the date of committing the administrative offence, and for violating the legislation of the Russian Federation on counteraction against corruption upon the expiry of six years as from the date when an administrative offence is committed.
2. In the event of a continuous administrative offence, the terms provided for by Part 1 of
this Article shall be calculated beginning from the date of detecting the administrative offence. 3. A person may be held administratively responsible for an administrative offence
entailing the imposition of an administrative penalty in the form of disqualification within one year at the latest as of the date of committing the administrative offence, and if an administrative offence is continuous, this may be done within one year at the latest as of the date of detecting the administrative offence.
4. When there is a refusal to initiate criminal proceedings, or criminal proceedings are terminated but the indicia of an administrative offence are present in the actions of an individual, the terms, provided for by Part 1 of this Article, shall be calculated starting from the date of rendering the decision about the refusal to initiate criminal proceedings or to terminate them.
5. Where an application of a person, brought to trial for an administrative offence, for consideration of his case at the location of his residence, is allowed, the limitation for holding him administratively responsible shall be suspended from the moment of allowing this application to the moment of receipt of the case file by the judge, body, or official authorized to consider the case at the place of residence of the person brought to trial for the administrative offence.
5.1. The period of limitation for holding one accountable on administrative grounds for the administrative offences envisaged by Article 6.18 of the present Code, in as much as it concerns the use of a prohibited substance and/or prohibited method, begins from the day on which the all-Russia anti-doping organisation receives a statement from a laboratory accredited by the World Anti-Doping Agency confirming the fact that a sportsman has used a prohibited substance and/or prohibited method.
6. The period of limitations for holding someone accountable under administrative law for the administrative offences envisaged by Articles 14.9, 14.31, 14.31.1-14.33 of the present Code shall be counted from the date of entry into force of the decision of the commission of the antimonopoly body that has established the fact of breach of the antimonopoly legislation of the Russian Federation.
Article 4.6. The Term within Which a Person Is Deemed to Be Administratively Penalized A person punishable for committing an administrative offence shall be deemed to be
administratively penalized for one year as of the date of terminating the execution of the decision on imposition of the administrative penalty.
Article 4.7. Reimbursement for Material and Moral Damage Inflicted by an Administrative Offence
1. A judge, when considering a case concerning an administrative offence, shall be entitled, in the absence of a dispute about reimbursement for material damage, to resolve the issue of reimbursement for material damage simultaneously with imposition of the administrative penalty.
Disputes about reimbursement for material damage shall be settled in civil court proceedings.
2. A dispute about reimbursement for material damage, that relates to a case concerning an administrative offence which is considered by other authorized body or official, shall be settled by court in civil court proceedings.
3. Disputes concerning reimbursement for moral damage inflicted by an administrative offence shall be considered by court in civil court proceedings.
Article 4.8. Calculation of Periods of Time
1. The periods of time envisaged by the present Codes shall be calculated in hours, days and nights, days, months, years. The running of the time period so defined shall begin on the next day after the calendar date or the occurrence of the event by which the beginning of the time period is defined.
2. The time period calculated in days and nights shall expire at 24 o'clock of the last day and night. The time period calculated in months shall expire on the corresponding date of the last month and if such a month has no corresponding date the time period shall expire on the last day and night of such a month. The time period calculated in years shall expire on the corresponding month and date of the last year.
3. The time period calculated in days shall expire on the last day of the established time period. If the end of the time period calculated in days falls on a day off the last day of the time period shall be considered the first working day following the day off.
4. If a statement, complaint, other documents or money resources were handed over to the communications organisation, credit organisation, declared or transferred to the body or to the person authorized to receive them before 24 o'clock of the last day of the time period, the time period shall not be considered elapsed.
Note. The provisions of the present article shall not be applied if other articles of the present Code establish another procedure of the calculation of time periods, as well as in calculating time periods of administrative punishments.
Section II. Special Part
Chapter 5. Administrative Offences Encroaching Upon Citizens' Rights
Article 5.1. Violation of a Citizen's Right to Familiarize Themselves with a List of Voters or of Participants of a Referendum
Violation of a citizen's right to familiarized themselves with a list of voters or of participants of a referendum, or failure to consider within the term established by the laws an application concerning an error in the list of voters or participants of a referendum, or the refusal to issue to a citizen an answer in writing about the reason for rejecting his application for introduction of a correction to a list of voters or
participants of a referendum - shall entail the imposition of an administrative fine in the amount of one thousand to one thousand five hundred roubles.
Article 5.2. Abolished. Article 5.3. Default on Performance of a Decision of an Electoral Commission or a
Referendum Commission. Default on Provision of Information and Materials on Request of an Electoral Commission or a Referendum Commission
1. Failure to carry out a decision of an election committee or a referendum committee taken within the scope of jurisdiction thereof -
shall entail the imposition of an administrative fine on officials in the amount of one thousand to two thousand roubles and on legal entities in the amount of ten thousand to twenty thousand roubles.
2. Default - by state bodies, local self-government bodies, public associations or organisations, irrespective of their form of ownership, including organisations responsible for television and/or radio broadcasting, the editorial boards of a periodical press edition as well as officials of such bodies and organisations - on the provision to an electoral commission or a
referendum commission of information and materials requested by the commission in accordance with a law or provision of such information and materials in breach of the term established by a law, except for the cases envisaged by Article 5.4 and Part 1 of Article 5.17 of the present Code, -
shall cause the imposition of an administrative fine on officials in an amount one thousand to two thousand roubles; or on legal entities from ten thousand to fifteen thousand roubles.
Article 5.4. Violation of the Procedure for Submitting Data on Voters or Referendum Participants
Violation of the procedure for submitting data on voters or referendum participants established by laws, or submission of unreliable data on voters or referendum participants to appropriate election committees by the official responsible for it under laws -
shall entail the imposition of an administrative fine on officials in the amount of one thousand to five thousand roubles.
Article 5.5. Violation of the Procedure for Participation of the Mass Media in the Informational Support of Elections and Referendums
1. Violation by the editor-in-chief, or by the editorial board of a mass medium, or by an organization engaged in TV and (or) radio broadcasting, or by another organization engaged in the production or dissemination of a mass medium, of the procedure for publishing (promulgating) materials connected with the preparation and holding of elections and referendums, including propaganda materials, as well as violation during an election campaign or a referendum campaign of the procedure for publishing (promulgating) said materials in the information-telecommunication networks to which access is not restricted to a certain circle of persons -
shall entail the imposition of an administrative fine on citizens in the amount of five hundred to two thousand five hundred roubles, on officials in the amount of one thousand to five thousand roubles and on legal entities in the amount of thirty thousand to one hundred thousand roubles.
2. Default - by a state or municipal organisation responsible for television and/or radio broadcasting, the editorial board of periodical state or municipal press edition - on provision free-of-charge to an electoral commission or a referendum commission or equally within the term established by a law of access to broadcast time, publication for the purpose of informing the electorate or participants in a referendum, for answering citizens' questions, announcing decisions and acts of an electoral or referendum commission as well as placement of the other information form the publication of which there is a provision in the legislation on elections and referendums, -
shall cause the imposition of an administrative fine on officials in an amount of three thousand to four thousand roubles; or on legal entities from twenty thousand to thirty thousand roubles.
Article 5.6. Violation of the Rights of a Member of an Election Committee, Referendum Committee, of an Observer, of a Foreign (International) Observer, of an Agent or Authorized Representative of a Candidate, Election Association, of a Member or an Authorized Representative of the Initiative Group for Holding a Referendum, of Other Group of a Referendum Participants or of a Representative of a Mass Media
1. Violation of the rights of a member of an election committee, referendum committee, of an observer, of a foreign (international) observer, of an agent or authorized representative of a
candidate, election association, of a member or an authorized representative of the initiative group for holding a referendum, of another group of referendum participants or of a representative of a mass medium to keep a look-out and to receive in due time information and copies of election documents and referendum documents whose receipt is provided for by laws -
shall entail the imposition of an administrative fine on citizens in the amount of five hundred to one thousand roubles and on officials in the amount of one thousand to two thousand roubles.
2. The issuance to the persons specified in Part 1 of the present Article, by the chairman, deputy chairman or another member of an electoral commission or referendum commission who has a right of crucial vote, of an attested copy of minutes of the electoral commission or referendum commission on the results of voting, on the results of election or of referendum as containing information that does not match the information contained in the first copy of the minutes, or the attestation of minutes by the chairman, deputy chairman, secretary or another member of an electoral commission or referendum commission who has a right of crucial vote in breach of provisions of a law, -
shall cause the imposition of an administrative fine in an amount of one thousand five hundred to two thousand roubles.
Article 5.7. Refusal to Allow a Person to Go on Leave to Participate in Elections or in a Referendum
The refusal of an employer to allow a registered candidate, an agent of a registered candidate, of an election association to go on leave, provided for by the law, for canvassing or exercising any other activity provided for by the law, which can conduce the election of the registered candidate or list of candidates, as well as the refusal of an employer to excuse from work, in the procedure established by the law, a member of an election committee or of a referendum committee for participation in the preparation and conduct of elections or of a referendum -
shall entail the imposition of an administrative fine in the amount of one thousand five hundred to two thousand roubles.
Article 5.8. Violating the Procedure for, and Terms of, Waging an Election Campaign and a Referendum Campaign by an Organization Engaged in Broadcasting over TV and Radio Channels and in Periodicals Which Are Provided for by the Laws on Elections and Referendums
Violating by a candidate, an election association, a member or an authorized representative of the initiative group for holding a referendum, by another group of referendum participants, or another person authorized to act of behalf of a candidate, an election association, or drawn by said persons to wage an election campaign, or by the person holding a state post or an elective municipal post, the procedure for, and terms of, waging an election or referendum campaign by organizations engaged in broadcasting over TV and radio channels and in periodicals, which are provided for by the laws on elections and referendums -
shall entail the imposition of an administrative fine on citizens in the amount of one thousand to two thousand five hundred roubles, on officials in the amount of two thousand to five thousand roubles, on election associations and on other legal entities in the amount of twenty thousand to one hundred thousand roubles.
Article 5.9. Violating the Terms and Conditions for Advertising and Other Types of Activity during an Election Campaign
Violating the terms and conditions for advertising and other types of activity of
candidates, or of registered candidates, or of election associations, or of other persons and organisations whose advertising and other types of activity are subject to the requirements and limitations provided for by the laws on elections and referendums -
shall entail the imposition of an administrative fine on citizens in the amount of one thousand to one thousand five hundred roubles, on officials in the amount of two thousand to three thousand roubles and on legal entities in the amount of twenty thousand to thirty thousand roubles.
Article 5.10. Waging an Election Campaign or a Referendum Campaign Not Within the Time Period Intended for It and in Places Where It Is Prohibited by the Laws on Elections and Referendums
Waging an election campaign and a referendum campaign not within the time period intended for it or at places where it is prohibited by the laws of elections and referendums -
shall entail the imposition of an administrative fine on citizens in the amount of one thousand to one thousand five hundred roubles, on officials in the amount of two thousand to five thousand roubles and on legal entities in the amount of twenty thousand to one hundred thousand roubles.
Article 5.11. Waging an Election Campaign or a Referendum Campaign by Persons Whose Participation Therein Is Prohibited by Federal Laws
Waging an election campaign or a referendum campaign by persons whose participation therein is prohibited by federal laws, as well as drawing to the conduct of an election campaign or a referendum campaign persons who are under 18 years old as on the polling day in the forms and by the methods prohibited by a federal law -
shall entail the imposition of an administrative fine on citizens in the amount of one thousand to one thousand five hundred roubles, on officials in the amount of two thousand to three thousand roubles and on legal entities in the amount of twenty thousand to thirty thousand roubles.
Article 5.12. Production, Distribution or Placement of Agitation Materials in Breach of Provisions of the Legislation on Elections and Referendums
1. Producing or disseminating, within the period of preparation or holding of elections or a referendum, of printed or audio-visual propaganda materials which do not contain the information established by federal laws on their circulation, the date of issue, payment for the production thereof out of a relevant electoral fund or referendum fund, on the name, legal address and taxpayer identification number of the organisation or on the surname, first name, patronymic and residence of the person that has produced these printed or audiovisual materials, as well as on the denomination of the organization or on the surname, first name and patronymic of the person that has ordered production of these printed or audio-visual propaganda materials, production of printed or audio-visual propaganda materials where said data is not indicated in the correct way, production or dissemination of printed, audiovisual or other propaganda materials containing business advertising or without paying in advance for it at the expense of an appropriate election fund or referendum fund, dissemination of printed, audiovisual and other propaganda materials without submitting their copy or photo to an appropriate election committee or referendum committee together with the data on the location (residence address) of the organization (person) that has produced and ordered these materials, as well as dissemination of printed, audiovisual and other propaganda materials in defiance of the requirements of laws with regard to the use therein of an individual's image or remarks of an individual on a candidate, an election association -
shall entail the imposition of an administrative fine on citizens in the amount of one
thousand to one thousand five hundred roubles, on officials in the amount of two thousand to three thousand roubles and on legal entities in the amount of fifty thousand to one hundred thousand roubles.
2. The placement of printed agitation materials in places where it is prohibited by a federal law or the placement of such materials on premises, in buildings, on structures and other installations without a permission of the owners or possessors of these facilities -
shall cause the imposition of an administrative fine on citizens from five hundred to one thousand roubles; on officials from one thousand five hundred to two thousand roubles; on legal entities from twenty thousand to thirty thousand roubles.
Article 5.13. Failure to Provide an Opportunity for Promulgating a Reputation or Some Other Explanation in Defence of One's Honour, Dignity or Business Reputation
Default on the provision - until the end of pre-electoral agitation term - of an opportunity to announce (publish) a denunciation or another explanation intended to protect the honour, dignity or business reputation of a registered candidate, the business reputation of an electoral association if materials have been announced (published) in the mass medial that are capable to damage the honour, dignity or business reputation of the registered candidate, the business reputation of the electoral association when the provision of such an opportunity is compulsory in accordance with a federal law -
shall entail the imposition of an administrative fine on officials in the amount of two thousand to three thousand roubles and on legal entities in the amount of ten thousand to twenty thousand roubles.
Article 5.14. Willful Elimination or Damage of Printed Materials Relating to Elections or a Referendum
Willful elimination or damage of informational or agitational materials put up, in compliance with the law, on buildings, or constructions, or other objects with the consent of their owner or proprietor in the course of an election campaign, of the preparation or conduct of a referendum, or making inscriptions or pictures on informational or agitational printed materials -
shall entail the imposition of an administrative fine in the amount of five hundred to one thousand roubles.
Article 5.15. Violation of the Procedure and Time Established by the Legislation on Elections and Referenda for Notifying the Election Commission about the Fact of Furnishing Premises and of the Right to Being Furnished with Premises for Meetings with Electors and Participants of a Referendum
1. Violation of the procedure and time established by the legislation on elections and referenda for notifying the election commission about the fact of furnishing a registered candidate, an election association, an initiative group for conducting a referendum or another group of participants of a referendum for meetings with electors or participants of the referendum with state or municipally owned premises or premises owned by an organisation in whose authorised (reserve) capital the share (contribution) of the Russian Federation, subjects of the Russian Federation and/or municipal formations exceeds 30 per cent as on the day of official publishing (publication) of the decision on appointing the elections or official publication of the decision on appointing the referendum, about the conditions on which the premises were furnished, and also about when such premises may be furnished during the agitation period to other registered candidates, election associations, the initiative group for the conduct of the referendum, or other group of participants of the referendum, -
shall entail imposition of an administrative fine on officials in an amount of two thousand to three thousand roubles.
2. Violation of the right, established by the legislation on elections and referenda, of a registered candidate, an election association, an initiative group for conducting a referendum or another group of participants of a referendum to be furnished, for meetings with electors or participants of the referendum, with state or municipally owned premises or premises owned by an organisation in whose authorised (reserve) capital the share (contribution) of the Russian Federation, subjects of the Russian Federation and/or municipal formations exceeds 30 per cent as on the day of official publishing (publication) of the decision on appointing the elections or official publication of the decision on appointing the referendum, or violation of equal conditions for furnishing such premises, -
shall entail imposition of an administrative fine on officials in an amount of three thousand to five thousand roubles.
Article 5.16. Tampering with Electors and Referendum Participants or Exercising during an Election Campaign or a Referendum Campaign Charitable Activities in Defiance of the Laws on Elections and Referendums
Tampering with electors or referendum participants where these actions do not contain a criminally punishable deed, or exercising charitable activities in defiance of the laws on elections and referendums -
shall entail the imposition of an administrative fine on citizens in the amount of two thousand to two thousand five hundred roubles, on officials in the amount of three thousand to four thousand roubles and on legal entities in the amount of thirty thousand to fifty thousand roubles.
Article 5.17. Failure to Present or Publish a Report or Data on Receiving and Spending the Assets Allocated to the Preparation and Holding of Elections or a Referendum
1. Failure of candidate, a person who has been a candidate, a person elected a deputy or to any other elective office, or of an election association, a referendum initiative group, or other group of referendum participants or of a credit organization to present in due time a report, data on the sources and amount of funds remitted to the election fund, a referendum fund and on all outlays related to waging an election campaign or a referendum campaign, submission under laws of incomplete data on it or submission of an unreliable report and data -
shall entail the imposition of an administrative fine on the candidate, on the person who has been a candidate, on the person elected a deputy or to any other elective office, on the authorized representative in charge of financial matters of the election association, a referendum initiative group, other group of referendum participants, on the official of the credit organization, in the amount of two thousand to two thousand five hundred roubles.
2. Non-presentation, incomplete presentation or untimely presentation, which are not provided for by laws, by the chairman of an election committee or of a referendum committee to mass media of information for publishing data on receiving and spending assets of election funds, referendum funds or financial reports of candidates, registered candidates, election associations
shall entail the imposition of an administrative fine in the amount of one thousand to two thousand roubles.
Article 5.18. Illegal Use of Funds in Financing an Electoral Campaign of a Candidate or Electoral Association, Financing the Activity of a Group Initiating a Referendum or Another Group of Participants in a Referendum
The use in financing their electoral campaign or a referendum campaign, by a candidate, electoral association, a group initiating a referendum or another group of participants in a
referendum, of funds that have not been remitted to an electoral fund or referendum fund or of funds that have come into an electoral fund or referendum fund in breach of the legislation on election and referendums, and equally the spending, by other persons for the purpose of attaining a certain result in elections or referendum, of funds that have not been remitted to an electoral fund or referendum fund, unless these actions are deemed an action subject to criminal prosecution, or exceeding the maximum limits set by a law on the spending of resources of an electoral fund or referendum fund or spending of resources of an electoral fund or referendum fund for purposes other than envisaged by the legislation on elections and referendums -
shall cause the imposition of an administrative fine on citizens in an amount of two thousand to two thousand five hundred roubles; or on legal entities from thirty thousand to one hundred thousand roubles.
Article 5.19. Using Illegal Material Support in Financing an Electoral Campaign or a Referendum Campaign
The use - in an electoral campaign, in the preparation and conduct of a referendum by an electoral association, a group initiating a referendum or another group of participants in a referendum, by their authorised financial representatives for the purpose of attaining a certain result in elections or a referendum without a compensation on the account of the relevant electoral fund or referendum fund - of a material support provided by citizens, legal entities, branches thereof, representative offices and other units of legal entities, except for the use by an electoral association that has announced a list of candidates, without payment out of an electoral fund of immovable and movable property (except for securities, printed matter and expendable supplies) which is in its use as of the date of official announcement (publication) of the decision to hold elections and also the use of an anonymous material support, unless these actions are deemed an action subject to criminal prosecution,
shall cause the imposition of an administrative fine on the candidate, on the person that has been a candidate, the authorised financial representative of the candidate, of the electoral association, the group initiating the referendum, the other group of participants in the referendum in an amount of two thousand to two thousand five hundred roubles and confiscation of the object of the administrative offence; on the electoral association from ten thousand to twenty thousand roubles and confiscation of the object of the administrative offence.
Article 5.20. Illegal Financing of an Electoral Campaign or Referendum Campaign, Provision of a Material Support Prohibited by Law, Performance of Works, Provision of Services or Goods in Connection with Elections or a Referendum Free of Charge or at Unreasonably Low (High) Prices
The provision of a financial support to the electoral campaign of a candidate, electoral association, to the activity of a group initiating a referendum, another group of participants in a referendum apart from their electoral funds, referendum funds or the performance of works, provision of services or goods by legal entities, branches, representative offices and other units thereof free of charge or at unreasonably low (high) prices in connection with elections or a referendum as aimed at attaining a certain result in the elections, initiating a referendum, attaining a certain results in the referendum or the performance of paid works, provision of goods, paid services aimed at attaining a certain result at the elections, initiating a referendum, attaining a certain result at the referendum without a documented consent of the candidate or his authorised financial representative, authorised financial representative of the electoral association, of the group initiating a referendum, of another group of participants in the referendum and without paying being made out of the relevant electoral fund, referendum fund
or the making of contributions in an electoral fund or referendum fund through fictitious persons or the provision of a material support to a candidate, group initiating a referendum or another group of participants in a referendum for conducting the electoral campaign or referendum campaign aimed at attaining a certain results in the elections or referendum without a compensation on the account of the relevant electoral fund or referendum fund, unless these actions are subject to criminal prosecution,
shall entail the imposition of an administrative fine on citizens in the amount of one thousand to one thousand five hundred roubles, on officials in the amount of two thousand to three thousand roubles and on legal entities in the amount of twenty thousand to thirty thousand roubles accompanied by confiscation of the subject of the offence.
Article 5.21. Untimely Transfer of Assets to Election Committees, Referendum Committees, Candidates, Election Associations, Referendum Initiative Groups, Other Groups of Referendum Participants
Failure to transfer, as well as transfer in violation of the term established by laws, by the executive body or a local self-government body vested with the appropriate authority to transfer assets, by a credit organization or a post-office, assets to election committees, referendum committees, candidates, election associations, referendum initiative groups or other referendum participants -
shall entail the imposition of an administrative fine on officials in the amount of three thousand to five thousand roubles.
The provisions of Article 5.22 of this Code (in the wording of Federal Law No. 263-FZ of October 4, 2010) shall apply to the legal relations arising in connection with holding elections and referendums appointed after the date of entry into force of the said Federal Law
Article 5.22. Unlawful Issuance and Obtainment of a Ballot Paper or a Voting Paper for a Referendum
1. The issuance by a member of an election committee or of a referendum committee of a ballot paper or a voting paper for a referendum to a citizen for the purpose of providing him/her with an opportunity to vote instead of a voter or a referendum participant, in particular for another voter or referendum participant, or to vote more than once in the course of the same ballot, or the issuance to a citizen of a filled-in ballot paper or a voting paper for a referendum -
shall entail the imposition of an administrative fine in the amount of two thousand to three thousand five hundred roubles.
2. Receiving a ballot paper or a voting paper for a referendum from an election committee or from a referendum committee for the purpose of voting instead of a voter or a referendum participant, in particular for another voter or referendum participant -
shall entail the imposition of an administrative fine in the amount of one thousand five hundred roubles to three thousand roubles.
Article 5.23. Concealing the Remains of Issued Voting Papers and of Issued Referendum Voting Papers
Concealing the remains of issued voting papers and of issued referendum voting papers -
shall entail the imposition of an administrative fine on citizens in the amount of one thousand five hundred to two thousand five hundred roubles, on officials in the amount of three thousand to four thousand roubles and on legal entities in the amount of thirty thousand to fifty thousand roubles.
Article 5.24. Breach of Law-Established Procedure for Counting Votes, Determining the Results of Elections or a Referendum, Procedure for Drawing Up Minutes on the Results of Voting Bearing the Annotation "Repeated" or "Repeated Vote Count"
1. A breach - by the chairman or a member of an electoral commission or a referendum commission - of the procedure for counting votes established by a law or the procedure for processing the results of voting or for determining the results of elections or a referendum established by a law -
shall cause the imposition of an administrative fine in an amount five hundred to one thousand five hundred roubles.
2. A breach - by the chairman or a member of an electoral commission or a referendum commission - of the procedure for drawing up minutes on the results of voting bearing the annotation "Repeated" or "Repeated Vote Count" established by a federal law -
shall cause the imposition of an administrative fine in an amount of one thousand five hundred to two thousand roubles.
Article 5.25. Non-Submission of Data about the Results of Voting or the Results of Elections
1. Non-submission or untimely submission by the chairman of a district election committee or of a referendum committee of information about the results of voting to voters, or to registered candidates, or to election associations, or to observers, or to foreign (international) observers, or to representatives of the mass media -
shall entail the imposition of an administrative fine in the amount of five hundred to one thousand roubles.
2. The same offence committed by the chairman of a territorial election committee or of a referendum committee, as well as violation by him of the terms for submitting data, or submission of incomplete data about the results of voting in the course of elections or a referendum to the mass media for publication -
shall entail the imposition of an administrative fine in the amount of one thousand to two thousand roubles.
3. The offence provided for by Part 1 of this Article, if committed by the chairman of a circuit election committee or of a referendum committee, as well as violation by him of the terms of submitting data, or submission of incomplete data about the results of voting or the results of a referendum to the mass media for publication -
shall entail the imposition of an administrative fine in the amount of two thousand to three thousand roubles.
4. The offence provided for by Part 3 of this Article, if committed by the chairman of an election committee or a referendum committee of a subject of the Russian Federation -
shall entail the imposition of an administrative fine in the amount of three thousand to four thousand roubles.
5. The offence provided for by Part 3 of this Article, if committed by the Chairman of the Central Election Committee of the Russian Federation -
shall entail the imposition of an administrative fine in the amount of four thousand to five thousand roubles.
Article 5.26. Violation of the Laws on Freedom of Conscience and Freedom of Belief, as Well as on Religious Associations
1. Obstructing the exercise of the right to freedom of conscience or freedom of belief, including the adoption of religious or other beliefs, or refusal thereof, as well as obstructing the entry into a religious association or the exit therefrom -
shall entail the imposition of an administrative fine on citizens in the amount of one
hundred to three hundred roubles and on officials in the amount of three hundred to eight hundred roubles.
2. Insulting Religious Feelings of Citizens or Desecration of Articles, Marks and Emblems Relating to the World Outlook Symbols Thereof -
shall entail the imposition of an administrative fine on citizens in the amount of five hundred to one thousand roubles.
Article 5.27. Violating Labour Laws and Labour Protection Laws
1. Violating labour laws and labour protection laws - shall entail the imposition of an administrative fine on officials in the amount of five
hundred to five thousand roubles; upon the persons engaged in business activity without creating a legal entity - from one thousand to five thousand roubles or an administrative suspension of the activity for a term of up to ninety days; upon legal entities - from thirty thousand to fifty thousand roubles or an administrative suspension of the activity for a term of up to ninety days.
2. Violating labour laws and labour protection by the official laws by a person who has been administratively penalized for a similar administrative offence before -
shall entail disqualification for a term of from one year to three years.
Article 5.28. Avoidance of Participation in Talks Concerning the Conclusion of a Collective Contract or Agreement, or Violation of the Term Established for the Conclusion Thereof
Avoidance by an employer, or by a person representing him, of participation in talks concerning the conclusion of, or introduction of amendments and additions to, a collective contract or agreement, or violation of the terms for conducting the talks established by law, as well as failure to ensure the work of a commission for conclusion of a collective contract or agreement within the terms determined by the parties -
shall entail a warning or the imposition of an administrative fine in the amount of one thousand to three thousand roubles.
Article 5.29. Non-Submission of the Information Necessary for the Conduct of Collective Talks and for the Exercise of Control over the Observance of a Collective Contract or Agreement
Non-submission by an employer, or a person representing him, of the information necessary for the conduct of collective talks or for the exercise of control over the observance of a collective contract or treaty -
shall entail a warning or imposition of an administrative fine in the amount of one thousand to three thousand roubles.
Article 5.30. Unreasonable Refusal to Conclude a Collective Contract or Agreement Unreasonable refusal of an employer, or of a person representing him, to conclude a
collective contract or agreement - shall entail a warning or imposition of an administrative fine in the amount of three
thousand to five thousand roubles.
Article 5.31. Defaulting on, or Failing to Meet, Obligations under a Collective Contract or Agreement
Defaulting on, or failure to meet, obligations under a collective contract or agreement by an employer or by a person representing him -
shall entail a warning or imposition of an administrative fine in the amount of three thousand to five thousand roubles.
Article 5.32. Avoiding Receiving Demands of Employees and of Participating in Conciliatory Procedures
Avoidance by an employer, or by a person representing him, of the receiving of demands of employees and of participation in conciliatory procedures, including non-reservation of premises for the conduct of such meeting (conferences) of employees for the purpose of advancing demands, or obstructing the conduct of such a meeting (a conference) -
shall entail the imposition of an administrative fine in the amount of one thousand to three thousand roubles.
Article 5.33. Failure to Carry Out an Agreement Failure of an employer, or of a person representing him, to carry out the obligations under
an agreement made as a result of a conciliatory procedure - shall entail the imposition of an administrative fine in the amount of two thousand to four
thousand roubles.
Article 5.34. Dismissal of Employees in Connection with a Collective Labour Dispute or Calling a Strike
Dismissal of employees in connection with a collective labour dispute or calling a strike - shall entail the imposition of an administrative fine in the amount of four thousand to five
thousand roubles.
Article 5.35. Failure of Parents or of Other Legal Representatives of Minors to Carry Out Their Obligations as Regards the Maintenance and Upbringing of the Minors
1. Failure to carry out, or improper carrying out, by parents or other legal representatives of minors of their obligations regarding maintenance, or upbringing, or training, of minors, as well as the protection of the rights and interests thereof -
shall entail a warning or imposition of an administrative fine in the amount of one hundred to five hundred roubles.
2. Violating by parents or other legal representatives of minors the rights and interests of the minors , this manifesting itself in their deprivation of the right to communicate with their parents or close relatives, if such communication is not contrary to the children's interests, in the intentional concealment of the children's location against the will thereof, in non execution of the court decision on determining the children's place of residence, in particular the court decision on determining the children's place of residence for the period pending entry of the court decision on determining their place of residence into legal force, in non-execution of the court decision on the procedure for exercising parental rights or on the procedure for exercising parental rights for the period pending entry of the court decision into legal force or in any other obstruction of the exercise by the parents of their rights to upbringing and education of their children and to the protection of their rights and interests -
shall entail the imposition of an administrative fine in the amount of two thousand to three thousand roubles.
3. Committing repeatedly within a year the administrative offence provided for by Part 2 of this article -
shall entail the imposition of an administrative fine in the amount of four thousand to five thousand roubles or an administrative arrest for a term up five days.
Article 5.36. Violation of the Procedure and Terms for Submitting Data about Minors
Who Are in Need of Transfer to a Family for Upbringing, or to an Institution for Children Who Are Orphans or for Children without Parental Care
1. Violations by the head of an institution for children without parental custody, or by an official of an executive body of a subject of the Russian Federation, or of a body of local self- government, of the procedure or the terms for submission of data about a minor in need of transfer to a family for upbringing (for the purpose of adoption, or placement under guardianship or to an adoptive family) or to an institution for children who are orphans or for children without parental care, as well as the submission of data known to be unreliable -
shall entail the imposition of an administrative fine in the amount of one thousand to one thousand five hundred thousand roubles.
2. Commitment by the head of a institution for children without parental care, or by an official of an executive body of a subject of the Russian Federation or of a body of local self- government, of actions aimed at secreting a minor from the transfer to a family for upbringing (for the purpose of adoption, or placement under guardianship or to an adoptive family), or to an institution for children who are orphans or for children without parental care -
shall entail the imposition of an administrative fine in the amount of two thousand to three thousand roubles.
Article 5.37. Unlawful Actions Aimed at Adoption of a Child, or Placement Thereof under Guardianship or with an Adopting Family
Unlawful actions aimed at the adoption of a child, or placement thereof under guardianship or with an adoptiing family -
shall entail the imposition of an administrative fine on citizens in the amount of one thousand to two thousand five hundred thousand roubles and on officials in the amount of four thousand to five thousand roubles.
Article 5.38. Violating the Laws on Meetings, Rallies, Demonstrations, Processions and Picketing
Obstructing the arrangements for, or the conduct of, a meeting, rally, demonstration, or a procession, or picketing held in compliance with the laws of the Russian Federation, or obstructing participation therein, as well as forcing to take part therein -
shall entail a warning or the imposition of an administrative fine on citizens in the amount of one hundred roubles and on officials in the amount of one hundred to three hundred roubles.
Article 5.39. Refusal to Make Information Available An unlawful refusal to make available to a citizen and/or an organisation information
whose supply is provided for by federal laws, its untimely supply or supply of wittingly unreliable information, except for the cases envisaged by Article 7.23.1 of the present Code, -
shall entail imposition of an administrative fine on officials in the amount of one thousand to three thousand roubles.
Article 5.40. Forcing Someone to Participate in a Strike or to Preventing Them from Participating Therein
Forcing someone to participate in a strike or to preventing them from participating therein by violence or by a threat of violence, or using the dependent position of those forced -
shall entail the imposition of an administrative fine on citizens in the amount of five hundred to one thousand roubles and on officials in the amount of one thousand to two thousand roubles.
Article 5.41. Failure to Render Burial Services Free of Charge, or Refusal to Pay Out the
Social Allowance for Burial Failure to render free of charge the services , included in the list of guaranteed burial
services, as well as refusal to pay the social allowance for burial to the spouse, a close relative, other relatives, or to a legal representative of a deceased, or to some other person who has undertaken to bury the deceased -
shall entail the imposition of an administrative fine on officials in the amount of two thousand to five thousand roubles.
Article 5.42. Violation of the Rights of Disabled Persons in the Area of Job Placement and Employment
1. The refusal of an employer to recruit a disabled person within the limits of the established quota -
shall entail the imposition of an administrative fine on officials in the amount of two thousand to three thousand roubles.
2. The unreasonable refusal to register a disabled person as unemployed - shall entail the imposition of an administrative fine on officials in the amount of two
thousand to three thousand roubles.
Article 5.43. Failure to Meet the Requirements of the Laws Providing for the Assignment of Places in Car Parks (Stops) for the Special Transport Vehicles of Disabled Persons
Failure to meet the requirements of the laws providing for the assignment of places in car parks (stops) for special transport vehicles of disabled persons -
shall entail the imposition of an administrative fine on officials in the amount of three thousand to five thousand roubles and on legal entities in the amount of thirteen thousand to fifteen thousand roubles.
Article 5.44. Abrogated from January 1, 2010. Article 5.45. Taking Advantage of an Individual's Office or Official Position During an
Election Campaign or a Referendum Campaign Taking by a person occupying a state or municipal office, or being on state or municipal
service or being a member of an organisation's managerial body, irrespective of the form of ownership (a member of the body charged with directing the activity of an organisation if the organisation's supreme managerial body is a meeting), except for a political party, advantage of their offices or official positions for the purpose of nominating and (or) supporting a candidate or a list of candidates, for initiating and (or) supporting the holding of a referendum, for receiving one or another answer to the question (questions) of a referendum -
shall entail the imposition of an administrative fine in the amount of three thousand to five thousand roubles.
Article 5.46. Forging Signatures of Electors and Referendum Participants Forging signatures of electors and referendum participants collected in support of
nominating a candidate, a list of candidates, the initiative of holding a referendum, as well as attesting wittingly forged signatures (voter's lists) by the person engaged in collecting electors' signatures, or by an authorized person, where these actions do not contain a criminally punishable deed -
shall entail the imposition of an administrative fine in the amount of two thousand to two thousand five hundred roubles.
Article 5.47. Collecting Signatures of Electors and Referendum Participants at
Unauthorized Places, as Well as Collecting Signatures by the Persons Whose Participation Therein Is Prohibited by Federal Laws
Participation of state power bodies, bodies of local self-government, governing bodies of organizations irrespective of the form of ownership, of institutions, members of election committees enjoying the rights of the casting vote in the collection of electors' signatures in support of nominating a candidate or a list of candidates, in the collection of signatures in support of referendum participants, in support of the initiative of holding a referendum, as well as collection of signatures at working places, at the place of study, in the course and at the places of paying wages, pensions, benefits and making other social payments, and also when charitable aid is provided -
shall entail the imposition of an administrative fine on citizens in the amount of one thousand to two thousand roubles, on officials in the amount of two thousand to three thousand roubles and on legal entities in the amount of ten thousand to twenty thousand roubles.
Article 5.48. Violating the Rights of Registered Candidates, Election Associations, Referendum Initiative Groups or Other Groups of Referendum Participants, When Assigning Areas for Placing Propaganda Materials
A breach of the rights of registered candidates, electoral associations, groups initiating a referendum, other groups of participants in a referendum to place canvassing materials at a facility under state or municipal ownership or under the ownership of an organisation having in its charter (contributed) capital a share (stake) belonging to the Russian Federation, a subject of the Russian Federation and/or a municipal formation as of the date of official announcement (publication) of the decision on conducting the elections, registering the group initiating the referendum that exceeds 30 per cent, and equally a breach - by organisations providing advertisement services - of the terms of placement of canvassing materials -
shall entail the imposition of an administrative fine on officials in the amount of two thousand five hundred to three thousand roubles and on legal entities in the amount of twenty thousand to thirty thousand roubles.
Article 5.49. Breach of a Ban on Conducting Lotteries and Other Gambling During an Electoral Campaign or a Referendum Campaign That Are Relating to the Elections or the Referendum
A breach of a ban on conducting - during an electoral campaign or a referendum campaign - lotteries and other gambling in which the getting of a prise or participation in the drawing of lots depends on the results of voting, the results of the elections or the referendum or which are otherwise relating to the elections or the referendum, -
shall cause the imposition of an administrative fine on citizens in an amount of two thousand to two thousand five hundred roubles; on officials from three thousand to five thousand roubles; on legal entities from thirty thousand to fifty thousand roubles.
Article 5.50. Violating the Rules of Transferring Assets Contributed to an Election Fund or a Referendum Fund
Failure to return to a donator within the time period established by the laws on elections and referendums, donations (a part thereof) transferred to an election fund or a referendum fund in defiance of the requirements of the laws on elections and referendums, or failure to transfer within said term for the benefit of an appropriate budget donations contributed by anonymous donators, -
shall entail the imposition of an administrative fine on the candidate, on the persons who have been a candidate, on the person elected a deputy, on the authorized representative in charge of financial matters of a referendum initiative group or on another group of referendum
participants in the amount of one thousand to two thousand roubles, on an election association from ten thousand to thirty thousand roubles.
Article 5.51. Breach of the Rules for Producing Agitation Printed Matter by an Organisation or an Individual Entrepreneur Performing the Work of, or Providing the Services of, Producing Agitation Printed Matter
The performance of the work of, or the provision of the services of, producing agitation printed matter by an organisation or individual entrepreneur without a prior publication of the information on the amount and other terms of payment for these works or services as required by a law -
shall cause the imposition of an administrative fine on officials in an amount of one thousand to two thousand roubles; on legal entities from ten thousand to twenty thousand roubles.
Article 5.52. Non-Compliance of an Empowered Person with the Legislative Provisions on Elections Concerning the Provision of Equal Opportunities to Candidates and Electoral Associations for Conducting Public Agitation Events
The non-compliance of an official empowered for doing so with the provisions that require that equal opportunities be provided to registered candidates and electoral associations for conducting public agitation events in cases when the provision of such opportunities is required by a law, or another violation of the rights of a registered candidate or electoral association envisaged by a law when they perform these events -
shall cause the imposition of an administrate fine in an amount of three thousand to five thousand roubles.
Article 5.53. Unlawful Actions in Obtaining and/or Disseminating Information Constituting a Credit History
Unlawful actions in obtaining or and/or disseminating information constituting a credit history, if such actions do not include a criminally punishable deed, -
shall entail the imposition of an administrative fine on citizens in the amount of one thousand to two thousand five hundred roubles; on officials - from two thousand five hundred to five thousand roubles or disqualification for the term of up to three years; on legal entities - from thirty thousand to fifty thousand roubles.
Article 5.54. Failure to Discharge the Responsibility to Check and/or Correct Untrustworthy Information Contained in a Credit History (Credit Report)
1. Failure of a credit bureau to carry out a check or a delayed check of information contained in a credit history (a credit report) when a check is requested by a credit history agent -
shall entail the imposition of an administrative fine on officials in the amount of one thousand to two thousand five hundred roubles; on legal entities - from ten thousand to twenty thousand roubles.
2. Illegal failure (refusal) of credit bureaus to correct untrustworthy information or failure to discharge the responsibility to correct untrustworthy information contained in a credit history (a credit report), -
shall entail the imposition of an administrative fine on officials in the amount of two thousand to five thousand roubles; on legal entities - from thirty thousand to fifty thousand roubles.
Article 5.55. Failure to Provide a Credit Report
A credit bureau failing to provide a credit report, issuing an incomplete or untrustworthy credit report, and also delaying the provision of a credit report in cases when such is provided or should be provided according to the Federal Law "On Credit Bureaus"-
shall be subject to the imposition of an administrative fine on officials in the amount of one thousand to two thousand five hundred roubles; on legal entities - from twenty thousand to fifty thousand roubles.
Article 5.56. Breach of the Procedure and Term for Filing and Preserving Documents Relating to the Preparation and Conduct of Elections or a Referendum
1. The default by the chairman, deputy chairman or secretary of an electoral commission or a referendum commission on filing documents with a higher electoral commission or referendum commission in connection with the preparation and conduct of elections or a referendum or the filing of such documents in breach of the term established by a law -
shall cause the imposition of an administrative fine in an amount of two thousand to five thousand roubles.
2. The destructing of documents that are related to the preparation and conduct of elections or a referendum before the expiry of their preservation term, and also a breach of the established procedure for the destruction of such documents -
shall cause the imposition of an administrative fine on citizens in an amount of one thousand five hundred to two thousand roubles; on officials from two thousand to five thousand roubles.
Article 5.57. Violation of the Right to Education and the Rights and Freedoms, Stipulated by Legislation of the Russian Federation in the Field of Education, of Pupils and Wards of Educational Organisations
1. A violation or illegal restriction of the right to education expressed in a violation or restriction of the right to receive a generally accessible and free education, as well as an illegal refusal to admit to or dismissal (expulsion) from an educational organisation, -
shall entail the imposition of an administrative fine on officials in an amount of thirty thousand to fifty thousand roubles; on legal entities - from a hundred thousand to two hundred thousand roubles.
2. A violation or illegal restriction of the rights and freedoms stipulated by legislation of the Russian Federation in the field of education, of pupils and wards of educational organisations, or a violation of the established procedure for the realisation of such rights and freedoms, -
shall entail the imposition of an administrative fine on officials in an amount of ten thousand to thirty thousand roubles; on legal entities - from fifty thousand to a hundred thousand roubles.
3. The commission of an administrative offence stipulated by Part 1 of this Article by an official who was earlier subjected to an administrative punishment for an analogous administrative offence -
shall entail disqualification for a period of one year to two years.
Article 5.58. Breaking the Procedure for Issuance of an Absentee Ballot Established by the Legislation on Elections and Referendums and Failure to Satisfy the Demand for Its Withdrawal. Wittingly Using a False Absentee Ballot
1. Breaking the procedure for issuance of an absentee ballot established by the legislation on elections and referendums or failure to satisfy the demand to withdraw an absentee ballot or the tear-off card of an absentee ballot when including a voter or a referendum participant in a list of voters or of referendum participants on the basis of the absentee -
ballot shall entail the imposition of an administrative fine in the amount of one thousand to two thousand five hundred roubles.
2. Wittingly using a false absentee - ballot shall entail the imposition of an administrative fine in the amount of one thousand
five hundred to three thousand roubles.
Article 5.59. Violation of the Procedure for Consideration of Applications of Citizens Violation of the procedure established by the legislation of the Russian Federation for
consideration of applications of citizens by officials of the state bodies and bodies of local self- government, except in the instances stipulated by Article 5.39, 5.63 of this Code, -
shall entail the imposition of an administrative fine in an amount of five thousand to ten thousand roubles.
Article 5.60. Slander 1. Slander, that is, the dissemination of wittingly false data besmirching the honour and
dignity of another person or assaulting the reputation thereof - shall entail the imposition of an administrative fine on citizens in the amount of one to two
thousand roubles, on officials in the amount of ten to twenty thousand roubles and on legal entities in the amount of 100 thousand to 200 thousand roubles.
2. Slander contained in a public speech, a work of art shown in public or in mass media - shall entail the imposition of an administrative fine on citizens in the amount of two to
three thousand roubles, on officials in the amount of twenty to thirty thousand roubles and on legal entities in the amount of 200 thousand to 300 thousand roubles.
3. Slander linked to charging a person with make a grave or especially grave crime - shall entail the imposition of an administrative fine on citizens in the amount of three to
five thousand roubles, on officials in the amount of thirty to fifty thousand roubles and on legal entities in the amount of 300 thousand to 500 thousand roubles.
4. Failure to take measures aimed at preventing slander in a work of art shown in public or in mass media -
shall entail the imposition of an administrative fine on officials in the amount of ten to twenty thousand roubles and on legal entities in the amount of 50 thousand to 100 thousand roubles.
Article 5.61. Insult 1. Insult, that is, abasement of honour and dignity of another person demonstrated in an
indecent manner - shall entail the imposition of an administrative fine on citizens in the amount of one to
three thousand roubles, on officials in the amount of ten to thirty thousand roubles and on legal entities in the amount of 50 thousand to 100 thousand roubles.
2. Insult contained in a public speech, a work of art shown in public or in mass media - shall entail the imposition of administrative fine on citizens in the amount of three to five
thousand roubles, on officials in the amount of thirty to fifty thousand roubles and on legal entities in the amount of 100 thousand to 500 thousand roubles.
3. Failure to take measures aimed at preventing insult in a work of art shown in public or in mass media -
shall entail the imposition of an administrative fine on officials in the amount of ten to thirty thousand roubles and on legal entities in the amount of 30 thousand to 50 thousand roubles.
Article 5.62. Discrimination
Discrimination, that is, violation of human and civil rights, freedoms and legitimate interests depending on gender, race, nationality, language, origin, property and official status, attitude to religion, convictions, affiliation with public associations or any social groups -
shall entail the imposition of an administrative fine on citizens in the amount of one to three thousand roubles and on legal entities in the amount of 50 thousand to 100 thousand roubles.
Article 5.63. Violation of the Legislation on Arranging the Provision of State and Municipal Services
1. Violation by an official of the federal executive power body, or of the body of a state off-budget fund of the Russian Federation, by an official of a multifunctional center of provision of state and municipal services of the procedure for rendering a state service to be provided by the federal executive power body or by the state off-budget fund of the Russian Federation that has entailed non-provision of the state service or provision of the state service to the applicant with non-observance of the time fixed for it, except as provided for by Part 2 of this article, if these actions (omission to act) do not contain a criminally-punishable deed, -
shall entail the imposition of an administrative fine in the amount of three thousand to five thousand roubles.
2. The demand of an official of the federal executive power body, or of the body of a state off-budget fund of the Russian Federation, or of an official of a multifunctional center of provision of state and municipal services for providing the state services rendered by a federal executive power body or by a state off-budget fund of the Russian Federation to present documents and/or to make payment which are not provided for by federal laws and other regulatory legal acts adopted in compliance with them, if these actions do not contain a criminally punishable deed -
shall entail the imposition of an administrative fine in the amount of five thousand to ten thousand roubles.
3. Failure of an official vested with the authority involved in consideration of complaints against violation of the procedure for providing a state or municipal service to observe the procedure for or time of considering a complaint, or an unlawful refusal of the cited official to accept it for consideration or his/her avoidance of doing it-
shall entail the imposition of an administrative fine in the amount of twenty thousand to thirty thousand roubles.
Chapter 6. Administrative Offences Endangering the Health and Sanitary-and Epidemiological Well-Being of the Population and Endangering Public Morals
Article 6.1. Concealment of a Source of HIV Infection or a Venereal Disease and of Contacts Entailing on Infection Hazard
Concealment by a person, infected by HIV or a venereal disease, of the source of the infection, as well as of those who have had contacts with said person entailing the hazard of infecting these diseases -
shall entail the imposition of an administrative fine in the amount of five hundred to one thousand roubles.
Article 6.2. Engagement in Unlawful Private Medical Practice, or in Private Pharmacy, or in Folk-Medicine (Healing)
1. Engagement in private medical practice or in private pharmacy of a person who has no license for this type of activity -
shall entail the imposition of an administrative fine in the amount of two thousand to two thousand five hundred roubles.
2. Engagement in folk-medicine (healing) in defiance of the procedure established by law -
shall entail the imposition of an administrative fine in the amount of one thousand five hundred to two thousand roubles.
Article 6.3. Violation of the Law in the Area of Securing the Sanitary-and-Epidemiological Well-Being of the Population
Violation of the law in the area of securing the sanitary-and-epidemiological well-being of the population, which has manifested itself in the violation of the effective sanitary rules and hygienic normative standards, or in failure to take sanitary-and-hygienic and anti-epidemic measures -
shall entail a warning or the imposition of an administrative fine on citizens in the amount of one hundred to five hundred roubles; on officials in the amount of five hundred to one thousand roubles; on the persons engaged in business activity without creating a legal entity - from five hundred to one thousand roubles, or an administrative suspension of the activity for a term of up to ninety days; on legal entities in the amount of ten thousand to twenty thousand roubles or an administrative suspension of the activity for a term of up to ninety days.
Article 6.4. Failure to Meet the Sanitary-and-Epidemiological Requirements Concerning the Use of Living Quarters and Public Premises, of Buildings and Structures, as well as Concerning the Operation of Transport
Failure to meet the sanitary-and-epidemiological requirements concerning the use of living quarters and public premises, of buildings and structures, as well as the operation of transport -
shall entail the imposition of an administrative fine on citizens in the amount of five hundred to one thousand roubles; on officials in the amount of one thousand to two thousand roubles; on the persons engaged in business activity without creating a legal entity - from one thousand to two thousand roubles or an administrative suspension of the activity for a term of up to ninety days; on legal entities in the amount of ten thousand to twenty thousand roubles or an administrative suspension of the activity for a term of up to ninety days.
Article 6.5. Failure to Meet the Sanitary-and-Epidemiological Requirements Concerning Drinking Water
Failure to meet the sanitary-and-epidemiological requirements concerning drinking water, as well as to the drinking water and to the economy and household water supply -
shall entail the imposition of an administrative fine on citizens in the amount of one thousand to one thousand five hundred roubles; on officials in the amount of two thousand to three thousand roubles; on the persons, engaged in business activity without creating a legal entity - from two thousand to three thousand roubles or an administrative suspension of the activity for a term of up to ninety days; on legal entities in the amount of twenty thousand to thirty thousand roubles or an administrative suspension of the activity for a term of up to ninety days.
Article 6.6. Failure to Meet the Sanitary-and-Epidemiological Requirements Concerning the Organisation of Public Catering
Failure to meet the sanitary-and-epidemiological requirements concerning the organisation of public catering in specially equipped establishments (in canteens, restaurants, cafes, bars and other places), including cooking and production of beverages, their storage and
sale to the population - shall entail the imposition of an administrative fine on citizens in the amount of one
thousand to one thousand five hundred roubles; on officials in the amount of two thousand to three thousand roubles; on the persons, engaged in business activity without creating a legal entity - from two thousand to three thousand roubles or an administrative suspension of the activity for a term of up to ninety days; on legal entities in the amount of twenty thousand to thirty thousand roubles or an administrative suspension of the activity for a term of up to ninety days.
Article 6.7. Failure to Meet the Sanitary-and-Epidemiological Requirements Concerning the Conditions for Education and Training
Failure to meet the sanitary-and-epidemiological requirements concerning the conditions for education and training, including audiovisual and other means of education and training, furniture, as well as text-books and other printed materials -
shall entail a warning or imposition of an administrative fine on officials in the amount of two thousand to three thousand roubles and on legal entities in the amount of twenty thousand to thirty thousand roubles.
Article 6.8. Illegal Traffic of Narcotic Drugs, Psychotropic Substances or of Their Analogues, and Illegal Acquisition, Storage and Transportation of Plants Containing Narcotics or Psychotropic Substances, or Parts Thereof Containing Narcotics or Psychotropic Substances
1. The Illegal acquisition, storage, transportation, manufacture, procession without the purpose of sale of narcotic drugs, psychotropic substances or their analogues, as well as illegal acquisition, storage and transportation without the purpose of selling plants containing narcotics, or psychotropic substances, or precursors thereof and in parts their containing narcotics, or psychotropic substances, or precursors thereof, -
shall entail the imposition of an administrative fine in the amount of four thousand to five thousand roubles or an administrative arrest for a period of up to 15 days.
2. The same deeds made by a foreign citizen or stateless person - shall entail the imposition of an administrative fine in the amount of four thousand to five
thousand roubles with an administrative exclusion from the Russian Federation or an administrative arrest for a term up to fifteen days with an administrative exclusion from the Russian Federation.
Note. Any person who has voluntarily returned drugs, psychotropic substances, analogues thereof or plants containing narcotics, their analogues or plants containing narcotics or psychotropic substances, or parts thereof containing narcotics or psychotropic substances, acquired without the aim of selling thereof, shall be relieved of administrative responsibility for this administrative offence.
Article 6.9. Use of Drugs or Psychotropic Substances without Doctor's Orders 1. Use of drugs or psychotropic substances without doctor's orders, except for the cases
provided for by Part 3 of Article 20.20 and Article 20.22 of this Code - shall entail the imposition of an administrative fine in the amount of four thousand to five
thousand roubles or administrative arrest for a term of up to fifteen days. 2. The same deeds made by a foreign citizen or stateless person - shall entail the imposition of an administrative fine in the amount of four thousand to five
thousand roubles with an administrative exclusion from the Russian Federation or an administrative arrest for a term up to fifteen days with an administrative exclusion from the Russian Federation.
Note. A person, who has voluntarily approached a treatment-and-prophylactic institution in order to take treatment in connection with the use of drugs or psychotropic substances without doctor's orders, shall be relieved of administrative responsibility for this offence. Any person recognized in the established procedure as a drug addict may be sent, with their consent, for medical and social rehabilitation to a treatment-and-prophylactic, and in view of this shall be relieved of administrative responsibility for committing offences connected with the use of drugs or psychotropic substances.
Article 6.10. Involvement of Minors in the Consumption of Beer and Drinks Manufactured on Its Base, of Alcoholic Drinks or Intoxicating Substances
1. Involvement of minors in the consumption of beer and drinks manufactured on its basis, except for the cases envisaged by Part 2 of Article 6.18 of this Code, -
shall entail the imposition of an administrative fine in an amount of one hundred to three hundred roubles.
2. Involvement of minors in the consumption of alcoholic drinks or intoxicating substances, except for the cases envisaged by Part 2 of Article 6.18 of the present Code, -
shall entail the imposition of an administrative fine in an amount of five hundred to one thousand roubles.
3. The same acts committed by parents or by other legal representatives of minors and also by persons entrusted with the duties to teach and upbring minors, except for the cases envisaged by Part 2 of Article 6.18 of the present Code, -
shall entail the imposition of an administrative fine in an amount of one thousand five hundred to two thousand roubles.
Note. By beer and drinks manufactured on its base, in Item 1 of this Article, Item 1 of Article 20.20 and Article 20.22 of this Code, should be understood beer containing ethyl alcohol over 0.5 per cent of the volume of finished products and drinks manufactured on the base of beer and containing the same amount of ethyl alcohol.
Article 6.11. Engagement in Prostitution Engagement in prostitution - shall entail the imposition of an administrative fine in the amount of one thousand five
hundred to two thousand roubles.
Article 6.12. Deriving Income from Engagement in Prostitution, Where This Income Is Connected with Another Person's Engagement in Prostitution
Deriving income from engagement in prostitution, where this income is connected with another person's engagement in prostitution, -
shall entail the imposition of an administrative fine in the amount of two thousand to two thousand five hundred roubles or administrative arrest for a term from ten to fifteen days.
Article 6.13. Promoting, or Psychotropic Substances, or Precursors Thereof, Plants Containing Narcotics, or Psychotropic Substances, or Precursors Thereof and Their Parts Containing Narcotics, or Psychotropic Substances, or Precursors Thereof
1. Promoting or unlawful advertising of drugs, psychotropic substances, or of precursors thereof, plants containing narcotics, or psychotropic substances, or precursors thereof and their
parts containing narcotics, or psychotropic substances, or precursors thereof, - shall entail the imposition of an administrative fine upon citizens in the amount of four
thousand to five thousand roubles with the confiscation of advertizing products and of the equipment used for its manufacture, or without such; upon official persons - of forty thousand to fifty thousand roubles; upon the persons engaged in business activity without creating a legal entity - from four thousand to five thousand roubles with the confiscation of advertising products and of the equipment used for its manufacture, or without such, or an administrative suspension of the activity for a term of up to ninety days with the confiscation of advertising products and of the equipment used for its manufacture, or without such; upon legal entities - from eight hundred thousand to one million roubles with the confiscation of advertising products and of the equipment used for its manufacture, or an administrative suspension of the activity for a term of up to ninety days with the confiscation of advertising products and of the equipment used for its manufacture, or without such.
2. The same deeds made by a foreign citizen or stateless person - shall entail the imposition of an administrative fine in the amount of four thousand to five
thousand roubles with an administrative exclusion from the Russian Federation or an administrative arrest for a term up to fifteen days with an administrative exclusion from the Russian Federation.
Note. Dissemination of information about drugs, or psychotropic substances, or precursors thereof, allowed to be used for medical purposes, through specialized printed materials for persons engaged in medicine or pharmacy, shall not be an administrative offence.
Article 6.14. Abrogated. Article 6.15. Violation of the Rules for the Traffic in Instruments or Equipment, Used for
the Manufacture of Narcotics or of Psychotropic Substances Violation by a legal entity of the rules for the output, manufacture, processing, storage,
recording, release, realisation, sale, distribution, shipment, sending over, acquisition and utilisation, for the import, export or destruction of instruments or equipment used for the manufacture of narcotics or psychotropic substances -
shall entail the infliction of an administrative fine upon legal entities in the amount of fifty thousand to one hundred thousand roubles with the confiscation of the instruments or of equipment used for the manufacture of narcotics or of psychotropic substances, or without such, or an administrative suspension of the activity for a term of up to ninety days with the confiscation of the substances, instruments or of the equipment, used for the manufacture of narcotics or of psychotropic substances, or without such.
Article 6.16. Violation of the Rules for the Turnover of Narcotic Drugs, Psychotropic Substances and Their Precursors, for Storage, Registration, Sale, Transportation, Acquisition, Use, Importation, Exportation or Destruction of Plants Containing Narcotics, or Psychotropic Substances, or Precursors Thereof and of Their Parts Containing Narcotics, or Psychotropic Substances, or Precursors Thereof
A violation of the rules for the production, manufacture, processing, storage, recording, release, realisation, distribution, carriage, acquisition, use, importation, exportation or destruction of narcotic drugs, psychotropic substances and their precursors for storage, registration, sale, transportation, acquisition, use, importation, exportation or destruction of plants containing narcotics, or psychotropic substances, or precursors thereof and their parts containing narcotics, or psychotropic substances, or precursors thereof,-
shall entail the imposition of an administrative fine on legal entities in an amount of one hundred thousand to two hundred thousand roubles with or without the confiscation of the
narcotic drugs, psychotropic substances or their precursors, or an administrative suspension of activity for a period of up to ninety days with or without the confiscation of the narcotic drugs, psychotropic substances or their precursors.
Article 6.16.1. Illegal Acquisition, Storage, Transportation, Making, Sale or Dispatch of Precursors of Narcotic Drugs or Psychotropic Substances, as Well as Illegal Acquisition, Storage, Transportation, Sale or Dispatch of Plants Containing Precursors of Narcotic Drugs or Psychotropic Substances, or of Parts Thereof Containing Precursors of Narcotic Drugs or Psychotropic Substances
1. Illegal acquisition, storage, transportation, making, sale or dispatch of precursors of narcotic drugs or psychotropic substances, as well as illegal acquisition, storage, transportation, sale or dispatch of plants containing precursors of narcotic drugs or psychotropic substances or of parts thereof containing precursors of narcotic drugs or psychotropic substances if these actions do not contain a criminally punishable deed -
shall entail the imposition of an administrative fine in the amount of four thousand to five thousand rubles or an administrative arrest for a term of up to fifteen days.
2. The same deeds made by a foreign or stateless person - shall entail the imposition of an administrative exclusion from the Russian Federation or
an administrative arrest for a term of up to fifteen days with an administrative exclusion from the Russian Federation.
Notes: 1. The person who has made the administrative offence provided for by this article and
delivered on a voluntary basis acquired precursors of narcotic drugs or psychotropic substances, or plants containing precursors of narcotic drugs or psychotropic substances, or parts thereof containing precursors of narcotic drugs or psychotropic substances shall be released from administrative liability for this administrative offence. As the delivery on a voluntary basis of precursors of narcotic drugs or psychotropic substances, or of plants containing precursors of narcotic drugs or psychotropic substances or of parts thereof containing precursors of narcotic drugs or psychotropic substances may not be recognized as their seizure after initiation of a case on an administrative offence.
2. The operation of this article shall extend to traffic of the precursors included in List 1 and Table 1 of List IV of the Index of Narcotic Drugs, Psychotropic Substances and Precursors Thereof Which Are Subject to Control in the Russian Federation endorsed by the Government of the Russian Federation.
Article 6.18. Breach of the Provisions on Doping Prevention in Sport and Fight against Doping Established by the Legislation on Physical Education and Sport
1. A breach by a coach, sport medicine specialist or another specialist in the area of physical education and sport of the provisions established by the legislation on physical education and sport in respect of doping prevention in sport and fight against doping, that has manifested itself as the use of a prohibited substance and/or prohibited method in respect of a sportsman, irrespective of availability of the sportsman's consent, or as assistance in the use of a prohibited substance and/or prohibited method by a sportsman or in respect of a sportsman, unless these actions comprise an act subject to criminal penalty
shall cause disqualification for a term of one year to two years. 2. Same actions committed in respect of a minor sportsman, unless these actions
comprise an act subject to criminal penalty shall cause disqualification for a three-year term.
Notes: 1. In the present article the "prohibited substance and/or prohibited method" means a
substance and/or method included in the lists of substances and/or methods prohibited for being used in sport as endorsed by the federal executive governmental body in charge of the function of state policy implementation, normative legal regulation, provision of state services and management of state property in the area of physical education and sport.
2. In the present article "assistance in the use of a prohibited substance and/or prohibited method by a sportsman or in respect of a sportsman" means any actions conducive to the use of a prohibited substance and/or prohibited method, for instance advice, directions, provision of information, provision of prohibited substances, facilities for the use of prohibited methods, elimination of obstacles for the use of prohibited substances and/or prohibited methods and also concealment of the traces of use of a prohibited substance and/or prohibited method.
Chapter 7. Administrative Offences in the Area of Property Protection
Article 7.1. Unauthorized Occupation of a Land Plot Unauthorized occupation of a land plot or the use of a land plot in the absence of right-
establishing documents in respect of this land plot drawn up in the established procedure, and in case of necessity in the absence of documents allowing economic activity -
shall entail the imposition of an administrative fine on citizens in the amount of five hundred to one thousand roubles, on officials in the amount of one thousand to two thousand roubles and on legal entities in the amount of ten thousand to twenty thousand roubles.
Article 7.2. Elimination or Damage of Special Marks 1. Elimination or damage of land plots' boundary marks, as well as failure to discharge
the duties involving preservation thereof - shall entail the imposition of an administrative fine on citizens in the amount of three
hundred to five hundred roubles, on officials in the amount of five hundred to one thousand roubles and on legal entities in the amount of five thousand to ten thousand roubles.
2. Elimination or damage of wells of the state control observation system for surveying the condition of underground waters, or survey hydrologic sections at water objects, or mine survey marks, as well as special information signs determining the boundaries of coastal protective belts and protective zones of water objects, including coastal zones of the internal sea waters and the territorial sea of the Russian Federation, of information signs in respect of limitation of water use at general-use water bodies, of signs fixing the boundaries of sanitary protection zones and of other zones having special conditions of land use, of special signs marking the boundaries of fishing grounds and showing their users, or of marks of sanitary (mountain sanitary) zones and regions, of treatment-and-rehabilitation territories and resorts, of natural territories under special protection, or forest management and forest regulation marks, as well as of the marks established by users of the animal kingdom or by specially authorized state bodies in charge of the protection, control over or regulation of the use of animals and their habitat, by the state bodies exercising the functions of control and supervision in respect of fishing and preservation of aquatic biological resources and of their habitat, and also of buildings and other constructions under the ownership of the said users or bodies, -
shall entail the imposition of an administrative fine on citizens in the amount of three hundred to five hundred roubles, on officials in the amount of five hundred to one thousand roubles and on legal entities in the amount of five thousand to ten thousand roubles.
3. Elimination, damage or demolition of points of state geodetic systems or stationary points for surveying the state of environment and pollution thereof, included into the state survey system, as well as violation of the regime of protective zones of stationary points for surveying the state of environment and pollution thereof -
shall entail the imposition of an administrative fine on citizens in the amount of three hundred to five hundred thousand roubles, on officials in the amount of five hundred to one thousand roubles and on legal entities in the amount of five thousand to ten thousand roubles.
4. Failure of the owner, proprietor or user of the land plot, or of the building, or structure, where the points enumerated in Part 3 of this Article are situated, to notify a federal executive body in charge of geodesy, cartography, hydro-meteorology and related fields, about elimination, or damage, or demolition of these points, as well as refusal to provide access or vehicle access to these points for surveying or for other types of works -
shall entail a warning or imposition of an administrative fine in the amount of one hundred to five hundred roubles.
Article 7.3. Using Subsoil without a License for Subsoil Use or in Violation of the Conditions Provided for by the License for Subsoil Use and/or with Failure to Satisfy the Requirements of Technical Projects Endorsed in the Established Procedure
1. Using subsoil without a license for subsoil use - shall entail the imposition of an administrative fine on citizens in the amount of three
thousand to five thousand roubles, on officials in the amount of thirty thousand to fifty thousand roubles and on legal entities in the amount of eight hundred thousand to one million roubles.
2. Using subsoil in defiance of the terms and conditions provided for by the licence for subsoil use and/or with failure to satisfy the requirements of a technical project endorsed in the established procedure -
shall entail the imposition of an administrative fine on citizens in the amount of two thousand to three thousand roubles, on officials in the amount of twenty thousand to forty thousand roubles and on legal entities in the amount of three hundred thousand to five hundred thousand roubles.
Article 7.4. Unauthorized Building in Areas of Mineral Deposits Building in areas of mineral deposits without a special permit, in particular unauthorized
placing in the areas of mineral deposits of underground structures, as well as failure to ensure the safety of buildings, structures and also of specially protected territories and environmental items when using subsoil -
shall entail the imposition of an administrative fine on citizens in the amount of two thousand to three thousand roubles, on officials in the amount of twenty thousand to thirty thousand roubles and on legal entities in the amount of one hundred thousand to two hundred thousand roubles.
Article 7.5. Unauthorized Extraction of Amber Unauthorized extraction of amber, as well as sale of illegally extracted amber either in
natural form or after processing it- shall entail the imposition of an administrative fine on citizens in the amount of three
thousand to five thousand roubles, on officials in the amount of thirty thousand to fifty thousand roubles and on legal entities in the amount of eight hundred thousand to one million roubles.
Article 7.6. Unauthorized Occupation of a Body of Water or the Use Thereof in Breach of Established Terms
An unauthorised occupation of a body of water or of a part thereof or the use thereof without documents that establish a right to use the body of water or a part thereof or the use of water in breach of its terms -
shall entail the imposition of an administrative fine on citizens in the amount of three hundred to five hundred roubles, on officials in the amount of five hundred to one thousand roubles and on legal entities in the amount of five thousand to ten thousand roubles.
Article 7.7. Damage of the Objects and Systems for the Water Supply and Water Assignment, of Hydrotechnical Facilities and of Appliances and Installations for the Water Economy and the Water Protection
The damage of the objects and of the systems for the water supply and the water assignment, of hydrotechnical facilities and of appliances and installations for the water economy and for the water protection -
shall entail the imposition of an administrative fine on citizens in the amount of one thousand to one thousand five hundred roubles, on officials in the amount of two thousand to thee thousand roubles and on legal entities in the amount of twenty thousand to thirty thousand roubles.
Article 7.8. Abrogated upon the expiry of ninety days from the day of the official publication of Federal Law No. 380-FZ of December 28, 2009.
Article 7.9. Unauthorized Occupation of Forest Plots Unauthorized occupation of forest plots, or the use of said plots for stubbing, or for
processing of forest resources, or for arrangement of warehouses, or for erection of constructions (for building works), or for ploughing, or for other purposes in the absence of special permits regarding the use of said plots -
shall entail the imposition of an administrative fine on citizens in the amount of five hundred to one thousand roubles, on officials in the amount of one thousand to two thousand roubles and on legal entities in the amount of ten thousand to twenty thousand roubles.
Article 7.10. Unauthorized Cession of the Right to the Use of Land, Natural Resources, Forest Plot or Body of Water
Unauthorized cession of the right to the use of land, or natural resources, or of a forest plot, or of a body of water, as well as unauthorised barter thereof -
shall entail the imposition of an administrative fine on citizens in the amount of five hundred to one thousand roubles, on officials in the amount of one thousand to two thousand roubles and on legal entities in amount of ten thousand to twenty thousand roubles.
Article 7.11. Using Objects of the Animal Kingdom and Aquatic Biological Resources' without a Permit
Using objects of the animal kingdom or aquatic biological resources without a permit, where such a permit is obligatory, or in violation of the conditions provided for by the permit, as well as unauthorized cession of the right to the use of the animal kingdom or the right to procure (catch) aquatic biological resources, except as provided for by Part 2 of Article 8.17 of this Code, -
shall entail the imposition of an administrative fine on citizens in the amount of five hundred to one thousand roubles, on officials in the amount of one thousand to two thousand roubles and on legal entities in the amount of ten thousand to twenty thousand roubles.
Article 7.12. Violation of Copyright and Similar Rights, of Invention and Patent Rights 1. Import, sale, hiring out or any other unlawful use of copies of works or phonograms for
the purpose of deriving income, where the copies of works or phonograms are counterfeited under the laws of the Russian Federation on copyright and similar rights, or where the information about the manufacturers of the copies of works or phonograms, or about the places of their production, as well as about the possessors of the copyright and similar rights, indicated on these copies, is false, as well as any other infringement of copyright or neighbouring rights for the purpose of drawing an income, except for the cases stipulated by Item 2 of Article 14.33 of this Code, -
shall entail the imposition of an administrative fine on citizens in the amount of one thousand five hundred to two thousand roubles accompanied by confiscation of counterfeited copies of works and phonograms, as well as of the materials and equipment, used for reproduction thereof, and of other instruments of committing the administrative offence; on officials in the amount of ten thousand to twenty thousand roubles accompanied by confiscation of counterfeited copies of works and phonograms, as well as of the materials and equipment used for reproduction thereof and of other instruments of committing the administrative offence, and on legal entities in the amount of thirty thousand to forty thousand roubles accompanied by confiscation of counterfeited copies of works and phonograms, as well as of the materials and equipment used for reproduction thereof and of other instruments of committing the administrative offence.
2. Unlawful use of an invention, an efficient model or an industrial specimen, except for the cases stipulated by Item 2 of Article 14.33 of this Code, or disclosure of the essence of an invention, of an efficient model or of an industrial specimen without the author's or applicant's consent prior to the official publication of information about them, or appropriation of inventorship and coercion to co-inventorship -
shall entail the imposition of an administrative fine in the amount of one thousand five hundred to two thousand roubles, on officials in the amount of ten thousand to twenty thousand roubles and on legal entities in the amount of thirty thousand to forty thousand roubles.
Article 7.13. Violating the Requirements Concerning Preservation, Use and Protection of Items of Cultural Heritage (Historical and Cultural Monuments) of Federal Importance, of the Territories and Protective Zones Thereof
1. Violation of the requirements concerning preservation, use and protection of items of cultural heritage (of historical and cultural monuments) of federal importance, included into The State Register of Items of Cultural Heritage (the Register of Items of Historical and Cultural Heritage of Federal (All-Russia) Importance) and of their territories, as well as failure to observe the limitations established in the protective zones thereof -
shall entail a warning or imposition of an administrative fine on citizens in the amount of one thousand to one thousand five hundred roubles, on officials in the amount of two thousand to three thousand roubles and on legal entities in the amount of twenty thousand to thirty thousand roubles.
2. The actions (omissions), provided for by Part 1 of this Article, committed in respect of especially precious items of cultural heritage of peoples of the Russian Federation, or objects of cultural heritage (historical and cultural monuments) introduced into the List of World Cultural and Natural Heritage, on their territories, or on the territories of historical-and-cultural sanctuaries (museums-sanctuaries) of federal importance, as well as in protective zones thereof -
shall entail the imposition of an administrative fine in the amount of two thousand to two thousand five hundred roubles, on officials in the amount of four thousand to five thousand roubles and on legal entities in the amount of forty thousand to fifty thousand roubles.
3. Actions (omissions) provided for by Part 1 of this Article committed in respect of detected items of cultural heritage or on the territories thereof -
shall entail the imposition of an administrative fine on citizens in the amount of five hundred to one thousand roubles, on officials in the amount of one thousand to two thousand roubles and on legal entities in the amount of ten thousand to twenty thousand roubles.
Article 7.14. Carrying Out Excavation, Building and Other Works without Authorization of a State Body Responsible for Protection of Items of Cultural Heritage
Carrying out excavation, or building, or land reclamation, or business activity and other works without authorization of a state body responsible for protection of cultural heritage objects, where such authorization is obligatory -
shall entail the imposition of an administrative fine on citizens in the amount of one thousand to one thousand five hundred roubles, on officials in the amount of two thousand to three thousand roubles and on legal entities in the amount of twenty thousand to thirty thousand roubles.
Article 7.15. The Conduct of Archeological Explorations or Excavations Without Permit 1. The conduct of archeological explorations or excavations without a statutory
permission (open sheet) or with breaking the conditions stipulated by the permit (open sheet) - shall entail the imposition of an administrative fine on individuals in the amount of one
thousand five hundred to two thousand five hundred roubles with the confiscation of objects obtained as a result of excavations, and also of the tools and equipment used for explorations or excavations; on officials - in the amount of four thousand to five thousand roubles with the confiscation of objects obtained as a result of excavations, and also of the tools and equipment used for explorations or excavations; on juridical persons - in the amount of forty thousand to fifty thousand roubles with the confiscation of the objects obtained as a result of excavations, and also of the tools and equipment used for excavations or explorations.
2. The actions stipulated by the first part of the present Article involving by negligence the damage or destruction of an object of the archeological legacy, -
shall entail the imposition of an administrative fine on individuals in the amount of two thousand to two thousand five hundred thousand roubles with the confiscation of the objects obtained as a result of excavations, and also of the tools and equipment used for explorations and excavations; on officials - in the amount four thousand five hundred to five thousand roubles with the confiscation of the objects obtained as a result of excavations, and also of the tools and the equipment used for explorations or excavations - in the amount of fifty thousand to one hundred thousand roubles with the confiscation of the objects obtained as a result of excavations, and also of the tools and the equipment used for explorations or excavations.
Article 7.16. Unlawful Allotment of Land Plots from Lands of Historical-and-Cultural Purpose
Unlawful allotment of land plots from lands of historical-and-cultural purpose - shall entail the imposition of an administrative fine on officials in the amount of four
thousand to five thousand roubles.
Article 7.17. Destruction of, or Damage to, Another's Property Willful destruction of, or damage to, another's property, where these actions have not
caused considerable damage - shall entail the imposition of an administrative fine in the amount of thee hundred to five
hundred roubles.
Article 7.18. Violating the Rules for Storage, Purchasing or Efficient Use of Grain and Grain Products, or the Rules for Producing Grain Products
Violating the rules for storage, purchasing or efficient use of grain and grain products, or the rules for producing grain products (except for cases when such rules are contained in technical regulations) -
shall entail a warning or imposition of an administrative fine on citizens in the amount of five hundred to one thousand roubles, on officials in the amount of one thousand to two thousand roubles and on legal entities in the amount of ten thousand to twenty thousand roubles.
Article 7.19. Unauthorized Connection and Use of Electric and Heat Power, of Oil and Gas
Unauthorized connection to electric power circuits, or to oil pipe-lines, or to oil products pipe-lines, or to gas pipe-lines, as well as unauthorized (unregistered) use of electric and heat power, or of oil, gas and of oil products -
shall entail the imposition of an administrative fine on citizens in the amount of one thousand five hundred to two thousand roubles, on officials in the amount of three thousand to four thousand roubles and on legal entities in the amount of thirty thousand to forty thousand roubles.
Article 7.20. Unauthorised Connection to the Centralised Water Supply and Water Assignment Systems
The unauthorised connection to the centralised water supply and water assignment systems -
shall entail the imposition of an administrative fine on citizens in the amount of one thousand to one thousand five hundred roubles, on officials in the amount of two thousand to three thousand roubles and on legal entities in the amount of twenty thousand to thirty thousand roubles.
Article 7.21. Violating the Rules for Using Living Quarters
1. Damaging dwelling houses or living quarters, as well as damaging the equipment thereof, or unauthorized rearrangement and/or replanning of dwelling houses and (or) of living quarters, or their use for an improper purpose -
shall entail a warning or the imposition of an administrative fine on citizens in the amount of one thousand to one thousand five hundred roubles.
2. Unauthorized alteration of the lay-out of living quarters in apartment houses - shall entail the imposition of an administrative fine on citizens in the amount of two
thousand to two thousand five hundred roubles.
Article 7.22. Violating the Rules for Maintenance and Repair of Dwelling Houses and (or) Living Quarters
Violation by the persons, responsible for maintenance of dwelling houses and (or) living quarters, of the rules for maintenance and repair of dwelling houses and (or) of living quarters, as well as of the procedure and rules for , recognizing them as not fit for habitation and transferring them to uninhabitable premises, or rearrangement and/or replanning of dwelling houses and (or) of living quarters without the consent of the tenant (owner), if the rearrangement and/or replanning essentially changes the conditions of using the dwelling house and (or) the living quarters -
shall entail the imposition of an administrative fine on officials in the amount of four thousand to five thousand roubles and on legal entities in the amount of forty thousand to fifty thousand roubles.
Article 7.23. Violating the Normative Standards of Public Utilities for the Population Violating the normative level or conditions of providing the population with public utilities - shall entail the imposition of an administrative fine on officials in the amount of five
hundred to one thousand roubles and on legal entities in the amount of five thousand to ten thousand roubles.
Article 7.23.1. Breach of Provisions of the Legislation on the Disclosure of Information by the Organisations Pursuing Activities in the Area of Management of Blocks of Flats
1. The breach by the organisations and individual entrepreneurs pursuing activities in the area of management of blocks of flats under contracts of management of the procedure, methods or term established by an information disclosure standard for the disclosure of information or the disclosure of information on an incomplete scope or the provision of unreliable information
shall cause the imposition of a fine on officials at a rate from 30,000 to 50,000 roubles; on legal entities and individual entrepreneurs from 250,000 to 300,000 roubles.
2. The commission of the administrative offence envisaged by Part 1 of the present article by an official who has been earlier subjected to an administrative penalty for a similar administrative offence
shall cause disqualification for a term from one year to three years.
Article 7.24. Violating the Procedure for Disposal of an Object, Belonging to the Fund of Uninhabitable Premises Which Is under Federal Ownership, and for the Use of Said Object
1. Disposal of an object belonging to the fund of uninhabitable premises which is under federal ownership without permission of a specially authorized federal executive body -
shall entail the imposition of an administrative fine on officials in the amount of four thousand to five thousand roubles.
2. Use of an object belonging to the fund of uninhabitable premises which is under federal ownership without properly drawn up documents, or in violation of the established norms and rules of operation and maintenance of objects belonging to the fund of uninhabitable premises -
shall entail the imposition of an administrative fine on citizens in the amount of one thousand to one thousand five hundred roubles, on officials in the amount of two thousand to three thousand roubles and on legal entities in the amount of twenty thousand to thirty thousand roubles.
Article 7.25. Evading Gratuitous Transfer of Copies of Geodetic and Cartographic Materials and Data to the State Cartographic-and-Geodetic Fund of the Russian Federation
Evading gratuitous transfer of copies of geodetic or cartographic materials and data to the State Cartographic-and- Geodetic Fund of the Russian Federation -
shall entail the imposition of an administrative fine on citizens in the amount of one hundred to three hundred roubles, on officials in the amount of three hundred to five hundred roubles and on legal entities in the amount of three thousand to five thousand roubles.
Article 7.26. Loss of Materials and Data of the State Cartographic-and-Geodetic Fund of the Russian Federation
Negligent storage by a user of materials and data of the State Cartographic-and-
Geodetic Fund of the Russian Federation resulting in the loss of such materials and data - shall entail the imposition of an administrative fine on citizens in the amount of three
hundred to five hundred thousand roubles and on officials in the amount of five hundred to one thousand roubles.
Article 7.27. Minor Larceny Minor larceny of another's property by way of stealing, or cheating, or misappropriation,
or embezzlement - shall entail the imposition of an administrative fine in the amount of up to fivefold the cost
of the stolen property but no less than one thousand roubles or an administrative arrest for a period of up to 15 days.
Note. Larceny of another's property shall be regarded as minor, where the cost of stolen property does not exceed one thousand roubles.
Article 7.27.1. Inflicting Property Damage by Way of Deception or Abuse of Confidence Infliction of property damage by way of deception or abuse of confidence where there are
no signs of a criminally punishable deed- shall entail the imposition of an administrative fine in the amount which is five time as
much as the value of inflicted damage but at least in the amount of five thousand roubles.
Article 7.28. Violating the Established Procedure for Patenting Objects of Industrial Property in Foreign States
Violating the established procedure for patenting objects of industrial property in foreign countries -
shall entail the imposition of an administrative fine on citizens in the amount of one thousand to two thousand roubles and on legal entities in the amount of fifty thousand to eighty thousand roubles.
Article 7.29. Failure to Satisfy the Requirements of the Legislation on Placing Orders to Supply Goods, Carry Out Works and Render Services for Meeting Customers' Needs When Adopting a Decision on the Way of Placing an Order to Supply Goods, Carry Out Works and Render Services
1. The adoption by an official of the customer, by an official of the federal executive body, the executive body of a constituent entity of the Russian Federation or the local self-government body authorized under Federal Law No. 94-FZ of July 21, 2005 on Placement of Orders to Supply Commodities, Carry Out Works and Render Services for Meeting State and Municipal Needs to exercise the functions related to placement of orders to supply commodities, carry out works and render services for meeting customers' needs (hereinafter referred to in Articles 7.30 - 7.32 of this Code as an authorised body) of a decision on the way of placing an order to supply commodities, carry out works or render services for meeting customers' needs (hereinafter also referred to in Articles 7.29 - 7.32 of this Code as placement of an order) in defiance of the requirements established by the legislation on placement of orders to supply commodities, carry out works and render services for meeting state and municipal needs -
shall entail imposition of an administrative fine upon officials in the amount of thirty thousand roubles.
2. The adoption by an official of a customer or an official of an authorized body of a decision to place an order in some other way, if such order under the legislation of the Russian Federation on placement of orders to supply commodities, carry out works and render services for meeting state or municipal needs must be placed by way of holding sales, as well as the adoption of a decision to place an order in some other way, if such order under the legislation
on placement of orders to supply commodities, carry out works and render services for meeting state or municipal needs must be placed by way of holding sales in the form of an auction -
shall entail the imposition of an administrative fine upon officials in the amount of fifty thousand roubles.
Article 7.30. Breach of the Procedure for Placing an Order to Supply Commodities, Carry Out Works and Render Services for Meeting Customers' Needs
1. The non-observance by an official of a customer, an official of an empowered body, a legal entity recruited under a contract to carry out the functions of placing an order for the delivery of goods, performance of works or provision of services for customer's need by means of bidding (hereinafter referred to as a "specialised organisation") of the term for the publication in an official printed publication or of the term for placement on an official Internet site of the information concerning the placement of an order by means of bidding which is subject according to the legislation of the Russian Federation on the placement of orders for the delivery of goods, performance of works or provision of services for state or municipal needs to such publication or such placement by over two working days or the non-observance of the term for sending invitations to the federal executive governmental body charged with control in the area of placement of orders to take part in a closed tender or auction, the minutes on the opening of envelopes with applications for participation in a closed tender, the minutes on the assessment and comparison of applications for participation in a closed tender, the minutes on the consideration of applications for participation in a closed tender, the minutes of an auction by over two working days -
shall cause the imposition of an administrative fine at the rate of 3,000 roubles on the officials; and 10,000 roubles on the legal entities.
1.1. The non-observance by an official of a customer, an official of an empowered body or by a specialised organisation of the term for the publication in an official printed publication or of the term for placement on an official internet website of the information concerning the placement of an order by means of bidding, which is subject according to the legislation of the Russian Federation on the placement of orders for the delivery of goods, performance of works or provision of services for state or municipal needs to such publication, or delay in such placement by over two working days or the non-observance of the term for sending invitations to the federal executive governmental body charged with control in the area of placement of orders to take part in a closed tender or auction, the minutes on the opening of envelopes with applications for participation in a closed tender, the minutes on the assessment and comparison of applications for participation in a closed tender, the minutes on the consideration of applications for participation in a closed tender, the minutes of an auction by over two working days -
shall cause the imposition of an administrative fine at the rate of 30,000 roubles on the officials; and 100,000 roubles on the legal entities.
1.2. The non-observance by an official of a customer, an official of an empowered body or by a specialised organisation of the term for the publication in an official printed publication or of the term for placement on an official internet website of the information concerning the placement of an order by means of requesting quotations, which is subject according to the legislation of the Russian Federation on the placement of orders for the delivery of goods, performance of works or provision of services for state or municipal needs to such publication or such placement by up to one working day -
shall cause the imposition of an administrative fine at the rate of 3,000 roubles on the officials; and 10,000 roubles on the legal entities.
1.3. The non-observance by an official of a customer, an official of an empowered body
or by a specialised organisation of the term for the publication in an official printed publication or of the term for placement on an official internet website of the information concerning the placement of an order by means of requesting quotations which is subject according to the legislation of the Russian Federation on the placement of orders for the delivery of goods, performance of works or provision of services for state or municipal needs to such publication or such placement, by over one working day -
shall cause the imposition of an administrative fine at the rate of 15,000 roubles on the officials; and 50,000 roubles on the legal entities.
1.4. The publication by an official of a customer, an official of an empowered body or by a specialised organisation in an official printed publication or the placement on an official internet website of the information on the placement of an order which is subject to such publication or such placement according to the legislation of the Russian Federation on the placement of orders for the delivery of goods, performance of works or provision of services for state or municipal needs or the breach by said persons of the procedure for submitting tender documentation or auction documentation, the procedure for explaining such documentation, the procedure for accepting applications for participation in a tender, applications for participation in an auction or applications for participation in the requesting of quotations -
shall cause the imposition of an administrative fine at the rate of 15,000 roubles on the officials; and 50,000 roubles on the legal entities.
2. A breach by a member of a tender commission or a unified commission of the procedure for opening up envelopes with applications for participation in a tender for a right to conclude a contract for the delivery of goods, performance of works or provision of services for meeting the customer's needs, the procedure for opening access to the applications for participation in such tender that have been filed as electronic documents and the procedure for assessing and comparing applications for participation in a tender, or the breach by a member of a tender commission, an auction commission or a unified commission of the procedure for selecting bidders in a tender or bidders in an auction for a right to conclude a contract, for instance, the refusal to clear someone for participation in a tender or auction on the grounds other than those envisaged by the legislation of the Russian Federation on placement of orders for the delivery of goods, performance of works or provision of services for state or municipal needs or a breach by a member of an auction or unified commission of the procedure for carrying out an auction -
shall cause the imposition of an administrative fine at the rate of one per cent of the initial (maximum) contract price but in any case not below 5,000 roubles and not above 30,000 roubles.
2.1. The breach by an official of a customer, a member of a tender, auction, quotation or unified commission of the requirements set out in the legislation of the Russian Federation on the placement of orders for the delivery of goods, performance of works or provision of services for state and municipal needs in respect of the content of the minutes drawn up in the course of a tender, auction or a request for quotations -
shall cause the imposition of an administrative fine at the rate of 10,000 roubles. 3. Failure of an official of a customer, of an official of an authorized body or specialised
organisation, of an official of the body authorized to maintain an official site in the Internet, of the editorial staff of an official publication, and the organisation engaged in servicing an official site in the Internet and ensuring the functioning of such site or failure to insert on an official site in the Internet information about placement of orders which is subject under the legislation on placement of orders to supply commodities, carry out works and render services for meeting state or municipal needs to such publication or such insertion -
shall entail imposition of an administrative fine upon officials in the amount of fifty thousand roubles and upon legal entities in the amount of five hundred thousand roubles.
4. The establishment by an official of a customer or the official of an authorised body of criteria which are not provided for by the legislation on placement of orders to supply commodities, carry out works and render services for meeting state or municipal needs for assessment of applications for participation in a tender and/or of the significance thereof, of requirements for participants in orders' placement, for the rate of security for applications for participation in a tender or an auction, for the rate and method of securing execution of a contract, for submission by participants in an order's placement within the composition of a quotation bid, an application for participation in a tender and an application for participation in an auction of documents and data which are not provided for by the legislation on placement of orders to supply commodities, carry out works and render services for meeting state and municipal needs, as well as the inclusion into the composition of the same lot of commodities, works and services which are not technologically and functionally interconnected -
shall cause the imposition of an administrative fine at the rate of one per cent of the initial (maximum) contract price but in any case not below 5,000 roubles and not above 30,000 roubles.
4.1. If an official of a customer or an official of an empowered body has included in tender documentation or auction documentation or an announcement of a forthcoming request for quotations reference to trademarks, service marks, company names, patents, useful models, industrial design, the appellation of origin of a product or the name of a manufacturer, and also requirements applicable to a product, information, works or services, provided such requirements cause a limitation on the number of participants in the placement of an order -
it shall cause the imposition of an administrative fine at the rate of one per cent of the initial (maximum) contract price but in any case not below 10,000 roubles and not above 50,000 roubles.
4.2. The confirmation of tender documents or auction documents that do not meet the requirements envisaged by the legislation of the Russian Federation on the placement of orders for the delivery of goods, performance of works or provision of services for state and municipal needs -
shall cause the imposition of an administrative fine on officials at the rate of 3,000 roubles.
5. Failure of an official of the body authorized to maintain an official site in the Internet, by the editorial staff of an official publication, by the organisation engaged in servicing an official site in the Internet and ensuring the functioning thereof to observe the time fixed for publishing in the official publication or the time for inserting on the official site in the Internet information about placement of orders to supply commodities, carry out works and render services for meeting the customer's needs which is subject under the legislation on placement of orders to supply commodities, carry out works and render services for meeting state or municipal needs to such publication or such insertion, publication in an official publication or insertion on an official site in the Internet of the said information in defiance of the requirements of the legislation on placement of orders to supply commodities, carry out works and render services for meeting state or municipal needs -
shall entail imposition of an administrative fine upon officials in the amount of thirty thousand roubles and upon legal entities in the amount of one hundred thousand roubles.
6. The rejection by a member of a quotation or unified commission of a quotation bid for reasons which are not provided for by the legislation on placement of orders to supply commodities, carry out works and render services for meeting state or municipal needs and/or consideration of a quotation bid which under the legislation on placement of orders to supply commodities, carry out works and render services for meeting state or municipal needs must be rejected -
shall cause the imposition of an administrative fine at the rate of five per cent of the initial
(maximum) contract price. 7. The selection by a member of the tender, auction, quotation or unified commission of
the sales winner or the winner of a call for bids in defiance of the requirements of the legislation on placement of orders to supply commodities, carry out works and render services for meeting state or municipal needs -
shall entail imposition of an administrative fine in the amount of fifty thousand roubles. 8. The reduction by an official of a customer or an official of an authorized body, a
member of a tender, auction, quotation or unified commission of the time period for filing applications for participation in a tender, applications for participation in an auction or quotation bids, except when the legislation on placement of orders to supply commodities, carry out works and render services for meeting state or municipal needs permits reduction of the said time period -
shall entail imposition of an administrative fine in the amount of thirty thousand roubles. 9. The violation by an official of the body authorized to maintain an official site in the
Internet or by the organisation engaged in servicing an official site in the Internet and ensuring the functioning of such site of the procedure for using the official site in the Internet for the purpose of insertion of information about placement of orders to supply commodities, carry out works and render services for meeting the customer's needs and failure to meet the requirements for technological, software, linguistic, legal and organisational means for ensuring the use of the said site -
shall entail imposition of an administrative fine in the amount of ten thousand roubles. 10. The violation by the customer, authorized body or operator of an electronic site of a
procedure for holding a public auction in electronic form, as well as the violation by the operator of an electronic hosting service of the procedure for accreditation of participants in an order's placement -
shall entail imposition of an administrative fine upon officials in the amount of fifty thousand roubles and upon legal entities in the amount of three hundred thousand roubles.
11. The non-placement by an official of a customer of orders for the delivery of goods, performance of works or provision of services for the customer's needs with small businesses in the amount envisaged by the legislation of the Russian Federation on the placement of orders for the delivery of goods, performance of works or provision of services for state and municipal needs -
shall cause the imposition of an administrative fine at the rate of 50,000 roubles. 12. The placement by an official of the customer of orders for the delivery of goods,
performance of works or provision of services for meeting customers' needs in small businesses in an amount exceeding 20 per cent of the total annual volume of delivery of goods, performance of works or provision of services in accordance with the list of goods, works and services established by the Government of the Russian Federation by means of bidding or requesting for quotations -
shall cause the imposition of an administrative fine at the rate of 50,000 roubles. 13. The breach by a member of a tender, auction, quotation or unified commission, an
official of a customer or an official of an empowered body of the term envisaged by the legislation of the Russian Federation on the placement of orders for the delivery of goods, performance of works or provision of services for state and municipal needs for the signing of minutes in the course of a tender, auction or request for quotations by up to two working days -
shall cause the imposition of an administrative fine at the rate of 3,000 roubles. 14. The breach by a member of a tender, auction, quotation or unified commission, an
official of a customer or an official of an empowered body of the term envisaged by the legislation of the Russian Federation on the placement of orders for the delivery of goods, performance of works or provision of services for state and municipal needs for the signing of
minutes in the course of a tender, auction, request of quotations by over two working days -- shall cause the imposition of an administrative fine at the rate of 30,000 roubles.
Article 7.31. Provision, Publication or Placement of Unreliable Information Concerning Placement of Orders to Supply Goods, Carry Out Works and Render Services for Meeting Customers' Needs, as Well as Sending of Unreliable Data or Entering Them into the Register of State or Municipal Contracts Made on the Basis of the Results of Placing Orders and the Register of Blacklisted Suppliers
1. The provision, publication in an official publication or insertion on an official site in the Internet by an official of a state or municipal customer, of an authorised body or a specialised organisation, by an official of the body authorized to maintain an official site in the Internet or by the organisation engaged in servicing an official site in the Internet and ensuring the functioning of such site of unreliable information in respect of placement of orders to supply commodities, carry out works and render services, as well as the sending by an official of a customer of unreliable data to the federal executive body, the executive body of a constituent entity of the Russian Federation or of the local self-government body authorised to keep registers of state or municipal contracts made on the basis of the results of orders' placement and/or to the federal executive body authorized to exercise control in respect of placement of orders to supply commodities, carry out works and render services for meeting customers' needs or the entering by an official of the federal executive body, the exectuve body of a constituent entity of the Russian Federation or local self-government body authorised to keep registers of contracts made on the basis of the results of orders' placement of wittingly unreliable data to the said registers of state or municipal contracts or to the register of unscrupulous suppliers -
shall entail imposition of an administrative fine upon officials in the amount of fifty thousand roubles and upon legal entities in the amount of three hundred thousand roubles.
2. The entry by an official of the federal executive body authorised to exercise control in respect of placement of orders to supply commodities, carry out works and render services for meeting customer's needs of wittingly unreliable data to the register of contracts made on the basis of the results of orders' placement or into the register of unscrupulous suppliers -
shall entail imposition of an administrative fine in the amount of fifty thousand roubles. 3. The breach by an official of the federal executive governmental body, the executive
governmental body of a subject of the Russian Federation or the local self-government body empowered to keep a register of the contracts concluded according to the results of placement of orders or of the procedure for keeping registers of state or municipal contracts -
shall cause the imposition of an administrative fine at the rate of 10,000 roubles.
Article 7.31.1. The Breach of the Term for Refund of Funds, the Procedure and/or Term for Blocking Transactions on the Account of a Participant in the Placement of an Order, the Procedure for Keeping a Register of Participants in the Placement of an Order, the Paperwork Rules for a Public Electronic Auction, the Disclosure by an Electronic Site Operator or an Official of an Electronic Site Operator of Information Concerning a Participant in the Placement of an Order before the Announcement of the Results of a Public Electronic Auction
1. The breach by an official of a customer, an official of an empowered body or an electronic site operator of the term for repayment of amounts of money deposited as security for an application for participation in a tender, auction or public electronic auction established by the legislation of the Russian Federation on the placement of orders for the delivery of goods, performance of works or provision of services for state or municipal needs by up to three working days -
shall cause the imposition of an administrative fine at the rate of 5,000 roubles on the
officials; and 30,000 roubles on the legal entities. 2. The breach by an official of a customer, an official of an empowered body or an
electronic site operator of the term for repayment of amounts of money deposited as security for an application for participation in a tender, auction or a public electronic auction established by the legislation of the Russian Federation on the placement of orders for the delivery of goods, performance of works or provision of services for state or municipal needs by over three working days -
shall cause the imposition of an administrative fines at the rate of 15,000 roubles on the officials; and 90,000 roubles on the legal entities.
3. The breach by an electronic site operator of the procedure and/or the term for blocking or terminating the blocking of transactions on an account of a participant in the placement of an order for the transactions of securing participation in public electronic auctions -
shall cause the imposition of an administrative fine at the rate of 15,000 roubles. 4. The breach by an electronic site operator of the procedure for keeping a register of the
participants in the placement of an order that have received accreditation on an electronic site -- shall cause the imposition of an administrative fine at the rate of 15,000 roubles. 5. The breach by an electronic site operator of the paperwork rules in the course of a
public electronic auction, and also of the procedure and/or the term for placing and sending information and/or notices, draft contracts established by the legislation of the Russian Federation on the placement of orders for the delivery of goods, performance of works or provision of services for state or municipal needs -
shall cause the imposition of an administrative fine at the rate of 30,000 roubles. 6. The disclosure by an electronic site operator or an official of an electronic site operator
of information on a participant in the placement of an order before the announcement of the results of a public electronic auction -
shall cause the imposition of an administrative fine at the rate of 50,000 roubles on the officials; and of 250,000 roubles on the legal entities.
Article 7.32. Violation of the Terms and Conditions of a Contract of Supplying Goods, Carrying Out Works and Rendering Services for Meeting Customers' Needs in Compliance with the Legislation of the Russian Federation on Placing Orders to Supply Commodities, Carry out Works and Render Services to Meet State or Municipal Needs
1. The conclusion of a contract for supplying goods, carrying out works and rendering services for meeting customers' needs on the basis of the results of holding an auction or request for price quotations in respect of goods, works or services in defiance of declared terms of the auction or request for price quotations in respect of goods, works and services or of the terms and conditions of execution of a contract proposed by the person with which under the legislation of the Russian Federation on placement of orders to supply goods, carry out works or render services for meeting state or municipal needs the contract is to be made -
shall entail imposition of an administrative fine on the officials in the amount of one per cent of the initial (maximum) contract price but in any case not below 5,000 roubles and not above 30,000 roubles.
1.1. The conclusion of a contract for supplying commodities, carrying out works and rendering services for meeting customers' needs on the basis of the results of holding sales or making a request for price quotations in respect of commodities, works and services in defiance of declared terms and conditions of sales or of a request for price quotations in respect of commodities, works or services or the terms of execution of a state or municipal contract offered by the person with which under the legislation of the Russian Federation on placement of orders to supply commodities, carry out works and render services for meeting state or municipal
needs the contract is to be made, if such violation has caused additional spending of funds from respective budgets of the budget system of the Russian Federation or decrease in the quantity of the commodities being supplied, works being carried out and services being rendered for meeting customers' needs -
shall entail imposition of an administrative fine on officials and legal entities at the rate of twice the amount of additionally spent funds of respective budgets of the budgetary system of the Russian Federation or the cost of the commodities, works or services whose quantity or volume are decreased and which constituted the subject of the administrative offence.
1.2. The non-observance by a customer's official of the time for making a contract for supplying commodities, carrying out works and rendering services for meeting customers' needs and equally the evasion by a customer's official of the conclusion of a contract for the delivery of goods, performance of works or provision of services for customers' needs -
shall entail imposition of an administrative fine in the amount of fifty thousand roubles. 2. Changing the terms and conditions of a contract of supplying goods, carrying out
works and rendering services to meet customers' needs, in particular, raising the price of goods, works and services where the possibility of changing the terms and conditions of the contract is not provided for by federal laws -
shall entail imposition of an administrative fine on the officials in the amount of twenty thousand roubles.
3. The changing of the terms and conditions of a contract to supply commodities, carry out works or render services for meeting customers' needs, in particular raising the prices of commodities, works or services, if the possibility of changing the terms and conditions of the state or municipal contracts is not provided for by federal laws and such change has caused additional spending of funds from respective budgets of the budgetary system of the Russian Federation or reduction of the quantity of commodities being supplied, the works being carried out and the services being rendered for meeting state or municipal needs -
shall entail imposition of an administrative fine on the officials or legal entities at the rate of twice the amount of additionally spent funds of respective budgets of the budget system of the Russian Federation or the cost of the commodities, works and services whose quantity or volume are reduced and which constitute the subject of the administrative offence.
Article 7.33. The Evasion from the Transfer of the Cultural Values Discovered as a Result of Archeological Field Works for Permanent Storage in the State Part of the Museum Stock of the Russian Federation
Declining transfer the cultural values discovered as a result of archeological field works (including antropogenic, antropological, palaeozoological, palaeobotanical and other objects of historical and cultural value) for permanent storage in the state part of the Museum Stock of the Russian Federation -
- shall entail the imposition of an administrative fine on individuals in the amount of one thousand five hundred to two thousand five hundred roubles; on officials - in the amount of three thousand to four thousand roubles; and on juridical persons - in the amount of thirty thousand to forty thousand roubles.
Chapter 8. Administrative Offences Concerning Environmental Protection and Wildlife Management
Article 8.1. Failure to Meet Ecological Requirements, While Exercising Town-Planning Activity and Operating Enterprises, Constructions and Other Objects
Failure to meet ecological requirements while carrying out land-use planning works,
town-planning zoning, land planning, architectural engineering, construction, capital repair, reconstruction, putting into operation, operation and taking out of operation buildings, constructions, structures and other capital construction items -
entail a warning or imposition of an administrative fine on citizens in an amount of one thousand to two thousand roubles; on officials - from two thousand to five thousand roubles; on juridical persons - from twenty thousand to one hundred thousand roubles.
Article 8.2. Failure to Meet Ecological and Sanitary-and-Epidemiological Requirements, When Dealing with Industrial and Consumer Wast or with Other Dangerous Substances
Failure to meet ecological and sanitary-and-epidemiological requirements, when collecting, accumulating, using, decontaminating, transporting, placing or dealing in any other way with industrial and consumer wast or other dangerous substances -
entail the imposition of an administrative fine on citizens in the amount of one thousand to two thousand roubles; on officials - from ten thousand to thirty thousand roubles; on persons carrying out business activity without forming a juridical person - from thirty thousand to fifty thousand roubles or an administrative suspension of the activity for a period of up to ninety days; on juridical persons - from one hundred thousand to two hundred and fifty thousand roubles or an administrative suspension of the activity for a period of up to ninety days.
Article 8.3. Violating the Rules for Dealing with Pesticides and Agrochemicals Violating the rules of testing, manufacturing, transporting, storing, using, or dealing in any
other way with, pesticides and agrochemicals (except for cases when such rules are contained in technical regulations) which may inflict harm on the environment -
entail the imposition of an administrative fine on citizens in an amount of one thousand to two thousand roubles; on officials - from two thousand to five thousand roubles; on persons carrying out business activity without forming a juridical person - from two thousand to five thousand roubles or an administrative suspension of the activity for a period of up to ninety days; on juridical persons - from ten thousand to one hundred thousand roubles or an administrative suspension of the activity for a period of up to ninety days.
Article 8.4. Violating the Laws on Ecological Expert Examinations
1. Failing to meet the requirements of the laws on the obligatory conduct of a state ecological expert examination, as well as financing or implementing projects, programs and other documents which are subject to a state ecological expert examination and which have not gained a positive report after a state ecological expert examination -
entail a warning or imposition of an administrative fine on citizens in an amount of one thousand five hundred to two thousand roubles; on officials - from five thousand to ten thousand roubles; on juridical persons - from fifty thousand to one hundred thousand roubles.
2. Carrying out activities not complying with the documents which gained a positive state ecological expert examination report -
entail the imposition of an administrative fine on citizens in an amount of two thousand to two thousand five hundred roubles; on officials - from five thousand to ten thousand roubles; on juridical persons - from fifty thousand to one hundred and fifty thousand roubles.
3. An unlawful refusal to effect the state registration of applications for the conduct of a public ecological expert examination -
entail the imposition of an administrative fine on officials of from five thousand to ten thousand roubles.
Article 8.5. Concealment or Distortion of Ecological Information Concealment, or willful distortion, or untimely supply of complete and reliable information
about the state of the environment and of natural resources, or about sources of pollution of the environment and natural resources, or about other harmful influences on the environment and natural resources, or about a radiation hazard, as well as distortion of data about the condition of land, bodies of water and other environment features, by the persons who are obliged to supply such information -
shall entail the imposition of an administrative fine on citizens in the amount of five hundred to one thousand roubles, on officials in the amount of one hundred thousand to two thousand roubles, and on legal entities in the amount of ten to twenty thousand roubles.
Article 8.6. Land Damage 1. Unauthorized removal or replacement of the fertile soil layer - shall entail the imposition of an administrative fine on citizens in the amount of one
thousand to one thousand five hundred roubles, on officials in the amount of two thousand to three thousand roubles, and on legal entities in the amount of twenty thousand to thirty thousand roubles.
2. Elimination of the fertile soil layer, as well as land damage as a result of violating the rules for handling pesticides and agrochemicals or any other substances and industrial and consumer wast, dangerous to people's health and environment -
shall entail the imposition of an administrative fine on citizens in the amount of one thousand five hundred to two thousand roubles; on officials in the amount of three thousand to four thousand roubles; on the persons engaged in business activity without creating a legal entity - from three thousand to four thousand roubles or an administrative suspension of the activity for a term of up to ninety days; on legal entities in the amount of thirty thousand to forty thousand roubles or an administrative suspension of the activity for a term of up to ninety days.
Article 8.7. Failure to Discharge the Duties Involving Land Reclamation and to Take Obligatory Measures Aimed at Land Improvement and Soil Protection
1. Failure to discharge, or untimely discharge of, the duties involving land reclamation when developing deposits of minerals, including commonly found ones, while carrying out construction, reclamation, survey and other works, including the works carried out for meeting intra-organisational or own needs, as well as after completing construction, reconstruction and/or operation of facilities which are not connected with the creation of forest infrastructure and breakage of forest infrastructure facilities -
shall entail the imposition of an administrative fine on citizens in the amount of one thousand to one thousand five hundred roubles, on officials in the amount of two thousand to three thousand roubles, and on legal entities in the amount of forty thousand to fifty thousand roubles.
2. Failure to satisfy the established requirements and to take obligatory measures aimed at land improvement and protection, as well as at the protection of lands against wind and water erosion, and also at the prevention of other processes and other negative environmental effects deteriorating lands quality -
shall entail the imposition of an administrative fine on citizens in the amount of one thousand to one thousand five hundred roubles, on officials in the amount of two thousand to three thousand roubles, and on legal entities in the amount of forty thousand to fifty thousand roubles.
Article 8.8. Use of Land Plots for a Wrong Purpose, Failure to Discharge the Duties Which Involve Bringing Lands to the State of Fitness for Their Purpose
1. Use of lands for a wrong purpose, as regards its pertinence to a particular category of lands and permitted kind of use thereof, or failure to use a land plot intended for agriculture, housing or other kinds of construction for the cited purposes within the time period fixed by federal law, except as provided for by Part 1.1 of this article, -
shall entail the imposition of an administrative fine on citizens in the amount of one thousand to one thousand five hundred roubles, on officials in the amount of two thousand to three thousand roubles, and on legal entities in the amount of forty thousand to fifty thousand roubles.
Federal Law No. 435-FZ of December 29, 2010 supplemented Article 8.8 of this Code with part 1.1. The part shall enter into force from July 1, 2011
1.1. Failure to use a land plot pertaining to agricultural lands, whose turnover is regulated by Federal Law No. 101-FZ of July 24, 2002 on Farm Land Turnover, for making agricultural products or for exercising other activities connected with making agricultural products within the time period fixed by the cited Federal Law -
shall entail the imposition of an administrative fine on citizens in the amount of two thousand to five thousand roubles, on officials in the amount of four thousand to six thousand roubles and on legal entities in the amount of eighty thousand to one hundred thousand roubles.
2. Failure to discharge, or untimely discharge of, the duties which involve bringing land to the state of fitness for their purpose -
shall entail the imposition of an administrative fine on citizens in the amount of two thousand to two thousand five hundred roubles, on officials in the amount of four thousand to five thousand roubles, and on legal entities in the amount of seventy thousand to one hundred thousand roubles.
Article 8.9. Failure to Meet the Requirements Concerning the Protection of Mineral Resources and of Hydromineral Resources
Failure to meet the requirements concerning the protection of mineral resources and of hydromineral resources, which may cause contamination of mineral resources and of hydromineral resources, or may bring a mineral deposit to a condition not fit for development -
shall entail the imposition of an administrative fine on citizens in the amount of three thousand to five thousand roubles, on officials in the amount of ten thousand to thirty thousand roubles, and on legal entities in the amount of three hundred thousand to five hundred thousand roubles.
Article 8.10. Failure to Meet the Requirements for Efficient Use of Mineral Resources 1. Selective (extraordinary) development of mineral deposits causing unreasonable
losses of mineral deposits, or impoverishment of mineral resources, as well as any other inefficient use of mineral deposits leading to abnormal losses, when extracting natural minerals or processing mineral raw materials -
shall entail the imposition of an administrative fine on citizens in the amount of one thousand to five thousand roubles, on officials in the amount of ten thousand to fifty thousand roubles, and on legal entities in the amount of eight hundred thousand to one million roubles.
2. Failure to meet the requirements concerning the conduct of mine surveying works, conduct of degassing in the extraction (processing) of coal (oil shales), or bringing underground workings and boreholes, subject to liquidation or freezing, to a condition ensuring the safety of the population and of the environment, or failure to meet the requirements concerning the
preservation of mineral deposits, underground workings, or boreholes for the period of their freezing -
shall entail the imposition of an administrative fine on citizens in the amount of three thousand to five thousand roubles, on officials in the amount of thirty thousand to fifty thousand roubles, and on legal entities in the amount of eight hundred thousand to one million roubles.
Article 8.11. Violating the Rules, and Failure to Meet the Requirements, Concerning the Conduct of Works Relating to Geological Exploration of Mineral Resources
Violating the rules, and failure to meet the requirements, concerning the conduct of works relating to geological exploration of mineral resources which may cause, or has caused, an unreliable assessment of proven mineral deposits or of conditions for building or operation of mining enterprises and of underground structures, which are not connected with the extraction of minerals, as well as the loss of geological documents, or duplicates of mineral samples and test cores, which are necessary for subsequent geological exploration of mineral resources and development of mineral deposits -
shall entail the imposition of an administrative fine on citizens in the amount of three thousand to five thousand roubles, on officials in the amount of ten thousand to thirty thousand roubles, and on legal entities in the amount of three hundred thousand to five hundred thousand roubles.
Article 8.12. Violating the Procedure for Granting Land Plots and Forests in Water Preservation Zones to Citizens and Legal Entities and the Regime for Using Them
1. The violation of the procedure for the provision to citizens and legal entities of land plots, and equally, the procedure for the provision of forests for being used both involving or not involving the granting of forest tracts in water preservation zones -
shall entail the imposition of an administrative fine on officials in the amount of four thousand to five thousand roubles.
2. Violating the terms and conditions of using land plots and forests in water-protection zones -
shall entail the imposition of an administrative fine on citizens in the amount of one thousand to one thousand five hundred roubles; on officials in the amount of two thousand to three thousand roubles; on the persons engaged in business activity without creating a legal entity - from two thousand to three thousand roubles or an administrative suspension of the activity for a term of up to ninety days; on legal entities in the amount of twenty thousand to thirty thousand roubles or an administrative suspension of the activity for a term of up to ninety days.
Article 8.13. Violating Regulations on the Protection of Bodies of Water 1. Violating water-protection procedures in the catchment areas of bodies of water which
may entail the contamination of said objects or other harmful effects - shall entail the imposition of an administrative fine on citizens in the amount of five
hundred to one thousand roubles, on officials in the amount of one thousand to two thousand roubles, and on legal entities in the amount of ten thousand to twenty thousand roubles.
2. Failure to carry out, or untimely carrying out of, duties related to bringing bodies of water or water-protection zones and the banks thereof to a condition of fitness for use -
shall entail the imposition of an administrative fine on citizens in the amount of one thousand to one thousand five hundred roubles; on officials in the amount of two thousand to three thousand roubles; on the persons engaged in business activity without creating a legal entity - from two thousand to three thousand roubles or an administrative suspension of the
activity for a term of up to ninety days; on legal entities in the amount of twenty thousand to thirty thousand roubles or an administrative suspension of the activity for a term of up to ninety days.
3. Unlawful extraction of sand, gravel, clay and other commonly occurring minerals, or of peat and sapropel at water objects, or floating of timber, or violation of the established procedure for making water objects clear of sunk timber and accumulations -
shall entail the imposition of an administrative fine on citizens in the amount of one thousand to one thousand five hundred roubles, on officials in the amount of two thousand to three thousand roubles, and on legal entities in the amount of twenty thousand to thirty thousand roubles.
4. Failure to meet the requirements concerning the protection of bodies of water, which may cause pollution, littering and (or) exhaustion thereof -
shall entail the imposition of an administrative fine on citizens in the amount of one thousand five hundred to two thousand roubles, on officials in the amount of three thousand to four thousand roubles, and on legal entities in the amount of thirty thousand to forty thousand roubles.
5. Pollution of glaciers, firn basins or the ice cover of bodies of water, or pollution of bodies of water containing natural curative resources or of those regarded as bodies of water under special protection, or places for tourism, sports and rest on a mass scale, by industrial and consumer wastage and (or) harmful substances, as well as burial of harmful substances (materials) in bodies of water -
shall entail the imposition of an administrative fine on citizens in the amount of two thousand to two thousand five hundred roubles, of officials in the amount of fourth thousand to five thousand roubles, and on legal entities in the amount of forty thousand to fifty thousand roubles.
Article 8.14. Violating the Water Use Rules 1. Violating the water use rules, when taking water, or when using water without taking it,
or when discharging waste water into bodies of water - shall entail the imposition of an administrative fine on citizens in the amount of five
hundred to one thousand roubles; on officials in the amount of one thousand five hundred to two thousand roubles; on the persons engaged in business activity without creating a legal entity - from one thousand five hundred to two thousand roubles or an administrative suspension of the activity for a term of up to ninety days; on legal entities in the amount of ten thousand to twenty thousand roubles or an administrative suspension of the activity for a term of up to ninety days.
2. Violating of the rules for the water management, when extracting minerals, peat and sapropel at bodies of water, as well as when erecting and operating underwater and overwater structures, or fishing, or shipping, or installing and operating oil pipe-ducts and other all-product lines, or carrying out dredging, blasting and other works, or when building or operating dams, or port and other structures -
shall entail the imposition of an administrative fine on citizens in the amount of one thousand five hundred to two thousand roubles, on officials in the amount of three thousand to four thousand roubles, and on legal entities in the amount of thirty to forty thousand roubles.
Article 8.15. Violating the Rules for Operating Water-Management and Water-Protection Structures and Devices
Violating the rules of operating water-management and water-protective structures and devices -
shall entail a warning or imposition of an administrative fine on citizens in the amount of
five hundred to one thousand roubles, on officials in the amount of one thousand to two thousand roubles, and on legal entities in the amount of ten thousand to twenty thousand roubles.
Article 8.16. Failure to Observe the Rules for Keeping Ship's Documents 1. Failure of the master of a sea ship, or of an inland navigation ship, or of any other
vessels, to observe the rules of recording in the ship's documents operations with substances harmful to people's health or to living resources of the sea and other waters, or operations with mixtures, containing such substances in excess of the established standards, as well as entering into the ship's documents false data concerning these operations -
shall entail the imposition of an administrative fine in the amount of one thousand to two thousand roubles.
2. Failure of the master of a ship engaged in procurement (catching) aquatic biological (living) resources of the internal sea waters, or of the territorial sea, or of the continental shelf and (or) the economic exclusion zone of the Russian Federation, to carry out his duties related to keeping a fishing register, as well entering distorted data therein -
shall entail the imposition of an administrative fine in the amount of five thousand to ten thousand roubles.
Article 8.17. Violating the Standards (Norms, Rules) and Conditions of a License Regulating Activities in Internal Sea Waters, or in the Territorial Sea, or on the Continental Shelf and (or) in the Economic Exclusion Zone of the Russian Federation
1. Violating the standards (norms, rules) of safe prospecting, exploration or development of mineral resources, or of drilling works, or violating the terms and conditions of a license for water use, for regional geologic survey, prospecting or development, or the terms of water use agreements, decisions on letting a water body for use, as well as standards (norms, rules) of use or protection of mineral resources of the internal sea waters, or the territorial sea, or the continental shelf and (or) the exclusive economic zone of the Russian Federation -
shall entail the imposition of an administrative fine on officials in the amount of ten thousand to fifteen thousand roubles with or without confiscation of the vessel and of other instruments of committing the administrative offence; and on legal entities in the amount of one hundred thousand to two hundred thousand roubles with or without confiscation of the vessel and of other instruments of committing the administrative offence.
2. Violating the rules for procurement (catching) of aquatic biological resources and other rules regulating industrial fishing, coastal fishing and other kinds of fishing in the internal sea waters, in the territorial sea, on the continental shelf and in the exclusive economic zone of the Russian Federation -
shall entail the imposition of an administrative fine on citizens in the amount of half the cost to the full cost of aquatic biological resources, which have become the subject of the administrative offence, with or without confiscation of the vessel and of other instruments of committing the administrative offence; on officials in the amount of one to one and a half times the cost of aquatic biological resources, which have become the subject of the administrative offence, with or without confiscation of the vessel and of other instruments of committing the administrative offence; and on legal entities in the amount of twofold to threefold the cost of aquatic biological resources which have become the subject of the administrative offence with or without confiscation of the vessel and of other instruments of committing the administrative
offence. 3. Unauthorized installation or bringing to the territory of the Russian Federation of
underwater cables, pipelines or tunnels, as well as violation of the rules of their installation, or of bringing to the territory of the Russian Federation, or of operation in the internal sea waters, in the territorial sea, on the continental shelf and (or) in the economic exclusion zone of the Russian Federation -
shall entail the imposition of an administrative fine on officials in the amount of fifteen thousand to twenty thousand roubles with or without confiscation of the vessel and of other instruments of committing the administrative offence; and on legal entities in the amount of two hundred thousand to three hundred thousand roubles with or without confiscation of the vessel and of other instruments of committing the administrative offence.
Article 8.18. Violating the Rules for Conducting Authorized Research of the Sea and its Resources in the Internal Sea Waters, or in the Territorial Sea, or on the Continental Shelf and (or) in the Economic Exclusion Zone of the Russian Federation
1. Violating the rules for conducting authorized research of the sea and its resources in the internal sea, or in the territorial sea, or on the continental shelf and (or) in the exclusion economic exclusion zone of the Russian Federation -
shall entail the imposition of an administrative fine on officials in the amount of ten thousand to fifteen thousand roubles, and on legal entities in the amount of one hundred thousand to two hundred thousand roubles with or without confiscation of the vessel, or the aircraft, or any other instruments of committing the administrative offence.
2. Unauthorized alteration of a resource or a sea research program in the internal sea waters, or in the territorial sea, or on the continental shelf and (or) in the exclusive economic zone of the Russian Federation -
shall entail in the imposition of an administrative fine on officials in the amount of fifteen thousand to twenty thousand roubles, and on legal entities in the amount of two hundred thousand to three hundred thousand roubles with or without confiscation of the vessel, or of the aircraft, or of other instruments of committing the administrative offence.
Article 8.19. Violating the Rules for Burying Wast and Other Materials in the internal Sea Waters, or in the Territorial Sea, or on the Continental Shelf and (or) in the Economic Exclusion Zone of the Russian Federation
Unauthorized burial, or burial in violation of the rules, from ships or other vessels, from aircraft, artificial islands, installations and structures, of wast and of other materials in the internal sea waters, in the territorial sea, on the continental shelf and (or) in the economic exclusion zone of the Russian Federation -
shall entail the imposition of an administrative fine on officials in the amount of fifteen thousand to twenty thousand roubles with or without confiscation of the vessel, or the aircraft, or any other instruments of committing the administrative offence; and on legal entities in the amount of two hundred thousand to three hundred thousand roubles with or without confiscation of the vessel, the aircraft and other instruments of committing the administrative offence.
Article 8.20. Unlawful Transfer of Mineral and (or) Other Resources on the Continental Shelf and (or) in the Economic Exclusion Zone of the Russian Federation
Loading, unloading or transshipment of extracted mineral and (or) living resources on the continental shelf and (or) in the economic exclusion zone of the Russian Federation without authorization, where such authorization is obligatory, -
shall entail the imposition of an administrative fine on citizens in the amount of half the
cost to the full cost of the mineral and (or) living resources, which have become the subject of the administrative offence, with or without confiscation of the vessel, the aircraft and other instruments used in committing the administrative offence; on officials in the amount of the cost to one-and-a-half times the cost of the mineral and (or) living resources, which have become the subject of the administrative offence, with or without confiscation of the vessel, the aircraft and other instruments used in committing the administrative offence; and on legal entities in the amount of twofold to threefold cost of the mineral and (or) living resources, which have become the subject of the administrative offence, with or without confiscation of the vessel, aircraft and other instruments of committing the administrative offence.
Article 8.21. Violating the Rules of Atmospheric Air Protection 1. Exhausting harmful substances into atmospheric air, or exerting harmful physical
influence on it without a special permit - shall entail the imposition of an administrative fine on citizens in the amount of two
thousand to two thousand five hundred roubles; on officials in the amount of four thousand to five thousand roubles; on the persons engaged in business activity without creating a legal entity - from four thousand to five thousand roubles or an administrative suspension of the activity for a term of up to ninety days; on legal entities in the amount of forty to fifty thousand roubles or an administrative suspension of the activity for a term of up to ninety days.
2. Violating the terms and conditions of a special permit to exhaust harmful substances into atmospheric air, or to exert harmful physical influence on it -
shall entail the imposition of an administrative fine on citizens in the amount of one thousand five hundred to two thousand roubles, on officials in the amount of three thousand to four thousand roubles, and on legal entities in the amount of thirty thousand to forty thousand roubles.
3. Violation of the rules of operating, or failure to use, structures, equipment or facilities for gas purification and for controlling the exhausting of harmful substances into atmospheric air, which may cause pollution thereof, or the use of said structures, equipment or facilities, when they are faulty, -
shall entail the imposition of an administrative fine on officials in the amount of one thousand to two thousand roubles; on the persons engaged in business activity without creating a legal entity - from one thousand to two thousand roubles or an administrative suspension of the activity for a term of up to ninety days; on legal entities in the amount of ten thousand to twenty thousand roubles or an administrative suspension of the activity for a term of up to ninety days.
Article 8.22. Putting into Operation Mechanical Transport Vehicles Emitting Excessive Rate of Contaminating Substances or Producing Excessive Noise
Allowing the operation of an aircraft, or of a sea ship, or of an inland cruising ship, or of a small size vessels, as well as allowing the driving of a car or any other mechanical transport vehicle, emitting excessive rates of contaminating substances or producing excessive noise, as compared to the norms established by the state standards of the Russian Federation, -
shall entail the imposition of an administrative fine on officials in the amount of five hundred to one thousand roubles.
Article 8.23. Operating Mechanical Transport Vehicles Emitting Excessive Amounts of Contaminating Substances or Producing Excessive Noise
Operation by citizens of aircrafts and sea ships, or inland cruising ships, or small size vessels, or cars, or motorcycles, or other mechanical transport vehicles, which emit excessive amount of contaminating substances or produce excessive noise, as compared to the norms
established by the state standards of the Russian Federation - shall entail a warning or imposition of an administrative fine in the amount of one hundred
to three hundred roubles.
Article 8.24. Violating the Procedure for Provision of Forests to Citizens and Legal Entities for Use
A violation of the procedure for provision of forests to citizens and legal entities for being used both involving and not involving the provision of forest tracts -
shall cause a warning or imposition of an administrative fine on officials in the amount of two thousand to three thousand roubles.
Article 8.25. Violating the Rules for Using Forests
1. The violation of logging rules - shall cause a warning or imposition of an administrative fine at the following rates: on
citizens from five hundred to one thousand roubles; on officials from one thousand to two thousand roubles; on legal entities from ten thousand to twenty thousand roubles.
2. The violation of the procedure for felling stands - shall cause the imposition of an administrative fine at the following rates: on citizens from
three hundred to five hundred roubles; on officials from five hundred to one thousand roubles; on legal entities from five thousand to ten thousand roubles.
3. The violation of the rules for procuring turpentine, procuring edible forest resources (food forest resources), gathering medicinal plants, procurement and gathering of non-arboreal forest resources -
shall cause the imposition of an administrative fine at the following rates: on citizens from one hundred to three hundred roubles; on officials from three hundred to five hundred roubles; on legal entities from three thousand to five thousand roubles.
4. The use of forests in breach of the terms of a contract of lease of a woodland tract, a contract of purchase/sale of stands, a contract of use of a woodland tract concluded for a fixed term on a noncompensatory basis or other documents under which woodland tracts are provided -
shall cause the imposition of an administrative fine at the following rates: on citizens from three hundred to five hundred roubles; on officials from five hundred to one thousand roubles; on legal entities from five thousand to ten thousand roubles.
Article 8.26. Unauthorised Use of Forests, Violation of the Rules for Using Forests for Agricultural Purposes, Destruction of Forest Resources
1. Mowing and agricultural animal grazing on the lands where forests are located, in places where it is prohibited, and equally, agricultural animal grazing without a shepherd on unfenced pastures or without a leash or in breach of the term for, and rates of, agricultural animal grazing -
shall entail the imposition of an administrative fine on citizens in the amount of one hundred to three hundred roubles, on officials in the amount of three hundred to five hundred roubles, and on legal entities in the amount of three thousand to five thousand roubles.
2. Unauthorised procurement and gathering and also destruction of moss, forest floor and other non-arboreal forest resources -
causes the imposition of an administrative fine on citizens in the amount of three hundred to five hundred roubles plus the confiscation of the tool used to commit the administrative offence and of the products of the illegal use of natural resources or without it; on officials - from five hundred to one thousand roubles with confiscation of the tool used to commit the
administrative offence and of the products of the illegal use of natural resources or without it; on legal entities - from five thousand to ten thousand roubles with confiscation of the tool used to commit the administrative offence and of the products of the illegal use of natural resources or without it.
3. Placing bee-hives and bee-gardens, and also procuring edible forest resources (food forest resources) and gathering medicinal plants on the lands where forests are located, in places where it is prohibited or using non-permitted methods or implements or in breach of the established amount or term, and equally, gathering, procurement and sale of these resources, in respect of which it is prohibited -
causes the imposition of an administrative fine on citizens in the amount of three hundred to five hundred roubles plus the confiscation of the tool used to commit the administrative offence and of the products of the illegal use of natural resources or without it; on officials - from five hundred to one thousand roubles with confiscation of the tool used to commit the administrative offence and of the products of the illegal use of natural resources or without it; on legal entities - from five thousand to ten thousand roubles with confiscation of the tool used to commit the administrative offence and of the products of the illegal use of natural resources or without it.
Article 8.27. Violating Woodland Regeneration, Restocking, Management and Seed- Growing Rules
A violation of woodland regeneration, restocking, management and seed-growing rules - shall entail a warning or imposition of an administrative fine on citizens in the amount of
one hundred to three hundred roubles, on officials in the amount of three hundred to five hundred thousand roubles, and on legal entities in the amount of three thousand to five thousand roubles.
Article 8.28. The Illegal Felling or Damaging of Stands or the Unauthorised Digging Out of Trees, Shrubs and Lianas in Forests
1. The illegal felling or damaging of stands or the unauthorised digging out of trees, shrubs and lianas in forests -
shall entail the imposition of an administrative fine on citizens in the amount of three thousand to three thousand five hundred roubles, on officials in the amount of twenty thousand to thirty thousand roubles and on legal entities in the amount of fifty thousand to one hundred thousand roubles.
2. The same actions committed through the use of mechanisms, motor vehicles, self- propelled machines and other types of machinery, unless these actions constitute a penal act -
shall cause the imposition of an administrative fine on citizens: in the amount of three thousand five hundred to four thousand five hundred roubles with confiscation of the tool used to commit the administrative offence and of the products of the illegal use of natural resources; on officials - from thirty thousand to forty thousand roubles with confiscation of the tool used to commit the administrative offence and of the products of the illegal use of natural resources; on legal entitled - from one hundred thousand to one hundred and fifty thousand roubles with confiscation of the tool used to commit the administrative offence.
Article 8.29. Eliminating Animals' Dwellings Elimination (devastation) of anthills, nests, holes or other dwellings of animals - shall entail a warning or the imposition of an administrative fine in the amount of three
hundred to five hundred roubles.
Article 8.30. The Destruction of Woodland Infrastructure and Also of Hayfields and
Pastures The destruction of woodland infrastructure, and also of hayfields and pastures - shall entail the imposition of an administrative fine on citizens in the amount of three
hundred to five hundred roubles, on officials in the amount of five hundred to one thousand roubles and on legal entities in the amount of five thousand to ten thousand roubles.
Article 8.31. Violating Sanitary Safety Rules in Forests
1. The violation of sanitary safety rules in forests - shall entail a warning or imposition of an administrative fine on citizens in the amount of
three hundred to five hundred roubles, on officials in the amount of five hundred to one thousand roubles, and on legal entities in the amount of five thousand to ten thousand roubles.
2. Polluting woodlands with waste water, chemical, radioactive and other harmful substances, industrial and consumption waste and/or another negative effect on woodlands -
shall entail the imposition of an administrative fine on citizens in the amount of one thousand to two thousand five hundred roubles; on officials in the amount of two thousand to five thousand roubles; on the persons engaged in business activity without creating a legal entity - from two thousand to five thousand roubles or an administrative suspension of the activity for a term of up to ninety days; on legal entities in the amount of twenty thousand to one hundred thousand roubles or an administrative suspension of the activity for a term of up to ninety days.
3. The actions (omissions) provided for by Part 2 of this Article, when committed in in protective forests and in especially protective tracts of forests -
shall entail the imposition of an administrative fine on citizens in the amount of two thousand to two thousand five hundred roubles; on officials in the amount of four thousand to five thousand roubles; on the persons engaged in business activity without creating a legal entity - from four thousand to five thousand roubles or an administrative suspension of the activity for a term of up to ninety days; on legal entities in the amount of forty thousand to one hundred thousand roubles or an administrative suspension of the activity for a term of up to ninety days.
Article 8.32. Violating the Fire Prevention Rules in Forests 1. Violating the fire prevention rules in forests - shall entail a warning or imposition of an administrative fine on citizens in the amount of
one thousand five hundred to two thousand five hundred roubles, on officials in the amount of five thousand to ten thousand roubles, and on legal entities in the amount of thirty thousand to one hundred thousand roubles.
2. Burning out brushwood, forest litter, dried grass and other forest inflammable materials with a failure to satisfy the requirements of the fire prevention rules on the land plots which are directly adjacent to forests, protective and forest plants and which are not separated by a fire prevention mineralised belt of at least 0.5 meters wide -
shall entail imposition of an administrative fine on citizens in the amount of two thousand to three thousand roubles, on officials in the amount of seven thousand to twelve thousand roubles, and on legal entities in the amount of fifty thousand to one hundred and twenty thousand roubles.
3. Violation of the fire prevention rules in forests under the conditions of a special fire prevention regime -
shall entail imposition of an administrative fine on citizens in the amount of three thousand to four thousand roubles, on officials in the amount of ten thousand to twenty thousand roubles, and on legal entities in the amount of one hundred thousand to two hundred
thousand roubles. 4. Violation of the fire prevention rules entailing a forest fire development without the
infliction of grave harm to human health - shall entail imposition of an administrative fine on citizens in the amount of five thousand
roubles, on officials in the amount of fifty thousand roubles, and on legal entities in the amount of five hundred thousand to one million roubles.
Article 8.33. Violating the Rules on Protecting Habitats or Migration Routes of Animals Violating the rules on protecting habitats or migration routes of objects of the animal
kingdom and aquatic biological resources- shall entail a warning or imposition of an administrative fine on citizens in the amount of
three hundred to five hundred roubles, on officials in the amount of five hundred to one thousand roubles, and on legal entities in the amount of five thousand to ten thousand roubles.
Article 8.34. Violating the Established Procedure for Creation, Use and Transportation of Biological Collections
Violating the established procedure for creation, supplementation, storage, use, registration, sale, acquisition, transportation or sending of biological collections -
shall entail the imposition of an administrative fine on citizens in the amount of three to five hundred roubles with or without confiscation of the collection objects; on officials in the amount of five hundred to one thousand roubles with or without confiscation of the collection; and on legal entities in the amount of five thousand to ten thousand roubles with or without confiscation of the collection.
Article 8.35. Eliminating Rare Species of Plants and Animals, as well as Those under the Threat of Extinction
Eliminating rare species of plants and animals, as well as those under the threat of extinction, which have been entered into the Red Book of the Russian Federation or which are under the protection of international treaties, as well as actions (omissions) which may cause the death, or reduce the number, or damage the habitats, of these animals, or the loss of such plants, as well as gaining, collection of, keeping, acquisition of, sale of, or sending said animals and plants, or products, parts or derivatives thereof, without proper authorization or in violation of the terms and conditions provided for by such authorization, or in violation of any other established procedure -
shall entail the imposition of an administrative fine on citizens in the amount of one thousand five hundred to two thousand five hundred roubles with or without confiscation of the instruments for gaining the animals and plants, as well as of the animals or plants themselves, of their products, parts or derivatives; on officials in the amount of fifteen thousand to twenty thousand roubles with or without confiscation of the instruments for gaining the animals and plants, as well as of the animals and plants themselves, of their products, parts or derivatives; on legal entities in the amount of three hundred thousand to five hundred thousand roubles with or without confiscation of the instruments for gaining the animals and plants, as well as of the animals and plants themselves, of their products, parts or derivatives.
Article 8.36. Violating the Rules of Migration, Acclimatization or Hybridization of the Animal Kingdom and Aquatic Biological Resources
Violating the rules of migration, acclimatization or hybridization of the animal kingdom and aquatic biological resources -
shall entail a warning or imposition of an administrative fine on citizens in the amount of one thousand to one thousand five hundred roubles, on officials in the amount of two thousand
to three thousand roubles, and on legal entities in the amount of twenty thousand to thirty thousand roubles.
Article 8.37. Violating the Rules for Use of Animal Kingdom and the Rules for Procurement (Catching) of Aquatic Biological Resources and Other Rules Regulating Industrial Fishing, Coastal Fishing and Other Kinds of Fishing
1. Violating hunting rules - shall entail the imposition of an administrative fine on citizens in the amount of one
thousand to two thousand roubles with or without confiscation of hunting weapons, or deprivation of the right to hunt for a term of up to two years; and on officials in the amount of ten thousand to fifteen thousand roubles with or without confiscation of hunting weapons.
2. Violating the rules for procurement (catching) of aquatic biological resources and other rules regulating industrial fishing, coastal fishing and other kinds of fishing, except as provided for by Part 2 of Article 8.17 of this Code, -
shall entail the imposition of an administrative fine on citizens in the amount of one thousand to two thousand roubles with or without confiscation of the vessel and of other tools for procurement (catching) of aquatic biological resources; on officials in the amount of ten thousand to fifteen thousand roubles with or without confiscation of the vessel and other tools for procurement (catching) of aquatic biological resources; and on legal entities in the amount of one hundred thousand to two hundred thousand roubles with or without confiscation of the vessel and tools for procurement (catching) of aquatic biological resources.
3. Violating the rules for use of animals, safe for the case provided for by Parts 1 and 2 of this Article -
shall entail the imposition of an administrative fine on citizens in the amount of five hundred to one thousand roubles with or without confiscation of instruments for capturing animals; on officials in the amount of two thousand five hundred to five thousand roubles with or without confiscation of instruments for capturing animals; and on legal entities in the amount of fifty thousand to one hundred thousand roubles with or without confiscation of instruments for capturing animals.
Article 8.38. Violating the Rules for Protection of Aquatic Biological Resources Timber rafting, or the construction of bridges and dams, or transportation of timber or
other forest resources, blasting and other works, as well as operation of water intake structures and of pumping mechanisms in violation of the rules for protection of aquatic biological resources, if any one of these actions may entail the loss of fish on a mass scale or of other water animals, or elimination of feed reserves on a great scale, or any other grave consequences -
shall entail the imposition of an administrative fine on citizens in the amount of two thousand to three thousand roubles; on officials in the amount of ten thousand to fifteen thousand roubles; on the persons engaged in business activity without creating a legal entity - from ten thousand to fifteen thousand roubles or an administrative suspension of the activity for a term of up to ninety days; on legal entities in the amount of one hundred thousand to two hundred thousand roubles or an administrative suspension of the activity for a term of up to ninety days.
Article 8.39. Violating the Rules for Protecting, and Use of, Natural Resources in Areas under Special Protection
Violating the established procedures or any other rules of protection and use of the environment and of natural resources on the territories of state natural reserves, or national
parks, as well as on territories with nature sanctuaries, or on any other natural territories under special protection, or in the protected areas (regions) -
shall entail the imposition of an administrative fine on citizens at the rate of one thousand to two thousand roubles with or without confiscation of the instruments of the commission of an administrative offence and the products of illegal nature management; on officials - from two thousand to four thousand roubles with or without confiscation of the instruments of the commission of an administrative offence and the products of illegal nature management; on juridical persons - from thirty thousand to sixty thousand roubles with or without confiscation of the instruments of the commission of an administrative offence and the products of illegal nature management.
Article 8.40. Failure to Meet the Requirements in Respect of Carrying out Works in the Field of Hydrometeorology, Monitoring of the State and Environmental Pollution and Active Influencing of Hydrometeorological and other Geophysical Processes
1. Carrying out works in the field of hydrometeorology and monitoring of state and environmental pollution in violation of the terms and conditions provided for by a permit (license) -
shall entail the imposition of an administrative fine on citizens in the amount of three hundred to five hundred roubles, on officials in the amount of five hundred to one thousand roubles, and on legal entities in the amount of five thousand to ten thousand roubles.
2. Carrying out works in the field of active influencing of hydrometeorological and other geophysical processes in violation of the terms and conditions, provided for by a permit (license) -
shall entail the imposition of an administrative fine on officials in the amount of one thousand to two thousand roubles, and on legal entities in the amount of ten thousand to twenty thousand roubles.
3. Carrying out the words indicated in Part 1 of this Article accompanied by a gross violation of the terms provided for by a permit (licence) -
shall entail the imposition of an administrative fine on persons exercising business activities without forming a legal entity in the amount of one thousand to one thousand five hundred roubles or the administrative suspension of their activities for a term up to ninety days, on officials in the amount of one thousand to one thousand five hundred roubles and on legal entities in the amount from ten thousand to fifteen thousand roubles or the administrative suspension of activities for a term up to ninety days.
4. Carrying out the words indicated in Part 2 of this Article accompanied by a gross violation of the terms provided for by a permit (licence) -
shall entail the imposition of an administrative fine on officials in the amount from two thousand to three thousand roubles and on legal entities in the amount from twenty thousand to thirty thousand roubles or the administrative suspension of activities for a term up to ninety days.
Note. The concept of a gross violation shall be defined by the Government of the Russian Federation in respect of each specific type of activity to be licenced.
Article 8.41. Nonpayment at the Established Time of the Fee for the Negative Influence on the Environment
Nonpayment at the established time of the fee for the negative influence on the environment -
shall entail the imposition of an administrative fine on officials in an amount of three thousand to six thousand roubles; on juridical persons - from fifty thousand to one hundred
thousand roubles.
Article 8.42. Failure to Follow a Special Procedure for Exercising Economic and Other Kinds of Activities in the Coastal Protective Belt of a Water Body, in the Water Protection Zone of a Water Body or a Special Procedure for Exercising Economic and Other Kinds of Activities in the Territory of Sanitary Protection Zone of Sources of Drinking and Household Water Supply
1. Using the coastal protective belt of a water body or the water protective zone of a water body with a failure to observe the restrictions concerning economic and other kinds of activities therein -
shall entail the imposition of an administrative fine on citizens in the amount of three thousand to four thousand five hundred roubles, on officials in the amount of eight thousand to twelve thousand roubles, and on legal entities in the amount of two hundred thousand to four hundred thousand roubles.
2. Using the sanitary protection zone of sources of drinking and household water supply with a failure to observe the restrictions imposed by sanitary rules and norms in compliance with the legislation on the population's sanitary-epidemiological safety-
shall entail the imposition of an administrative fine on citizens in the amount of three thousand to five thousand roubles, on officials in the amount of ten thousand to fifteen thousand roubles, and on legal entities in the amount of three hundred thousand to five hundred thousand roubles.
Chapter 9. Administrative Offences in Industry, Construction and Energetics
Article 9.1. Failure to Meet the Requirements Concerning Industrial Safety, or the Terms and Conditions of a License for Operating in the Area of Industrial Safety of Dangerous Production Objects
1. Failure to meet the requirements concerning industrial safety, or the terms and conditions of a license for operating in the area of industrial safety of dangerous production objects -
shall cause the imposition of an administrative fine on citizens in an amount from 2,000 to 3,000 roubles; on officials from 20,000 to 30,000 roubles or disqualification for a term from six months to one year; on legal entities from 200,000 to 300,000 roubles or the administrative suspension of activities for a term of up to 90 days.
2. Failure to meet the industrial safety requirements concerning receipt, use, processing, storage, transportation, elimination and registration of explosives at dangerous production objects -
shall cause the imposition of an administrative fine on citizens in an amount from 4,000 to 5,000 roubles; on officials from 30,000 to 40,000 roubles or disqualification for a term from one year to one year and a half; on legal entities from 300,000 to 400,000 roubles on the administrative suspension of activities for a term of up to 90 days.
3. Blatant breach of industrial safety provisions or blatant breach of the terms of a licence to pursue types of activity in the area of industrial safety of hazardous industrial facilities -
shall cause the imposition of an administrative fine on officials in an amount from 40,000 to 50,000 roubles or disqualification for a term from one year to two years; on legal entities from 500,000 to 1,000,000 roubles or the administrative suspension of activities for a term of up to 90 days.
Notes: 1. A "blatant breach of provisions concerning the industrial safety of hazardous industrial
facilities" means breach of industrial safety provisions that has lead to the emergence of an immediate threat to human life and health. The notion "blatant breach of the terms of licences to pursue types of activity in the area of industrial safety of hazardous industrial facilities" is established by the Government of the Russian Federation in respect of a specific licensed type of activity.
2. For the purposes of the present article "officials in organisations deemed neither governmental bodies nor other state bodies, local self-government bodies, state and municipal organisations" means a person who executes the powers of the sole executive body of an organisation and also a person who carries out organisational-executive or administrative functions in an organisation. If the powers of the sole executive body of an organisation are executed by a legal entity (managing organisation), then "official" means a person whose job description encompasses technical policy and industrial safety matters. If there is no such person in the managing organisation then "official" means the person executing the powers of the sole executive body of the managing organisation.
3. For the administrative offences envisaged by the present article the persons pursuing entrepreneurial activities without the formation of a legal entity shall be held administratively liable as legal entities.
Article 9.2. Violating the Safety Norms and Rules Concerning Hydraulic Engineering Structures
Violating the safety norms and rules, when designing, or building, or formally accepting, or putting into operation, or operating, or repairing, or reconstructing, or temporarily closing down, or putting out of operation, a hydraulic engineering structure -
shall entail the imposition of an administrative fine on citizens in the amount of one thousand to one thousand five hundred roubles; on officials in the amount of two thousand to three thousand roubles; on the persons engaged in business activity without creating a legal entity - from two thousand to three thousand roubles or an administrative suspension of the activity for a term of up to ninety days; on legal entities in the amount of twenty thousand to thirty thousand roubles or an administrative suspension of the activity for a term of up to ninety days.
Article 9.3. Violating the Rules and Norms of Operating Tractors, Self-Propelled, Road- Building and Other Machines and Equipment
Violating the rules or norms, aimed at protecting human life and health and safety, safe keeping of property and environmental protection, which relate to the operation of tractors, self- propelled, road-building and other machines, as well as to trailers and equipment attached thereto, whose technical condition is inspected by the bodies exercising state supervision over the technical condition of self-propelled machines and of other technical equipment -
shall entail a warning or imposition of an administrative fine on citizens in the amount of one hundred to three hundred roubles and deprivation of the right to operate transport vehicles for a term of three to six months; and on officials in the amount of five hundred to one thousand roubles.
Article 9.4. Breach of Compulsory Provisions in the Area of Construction and Application of Building Materials (Articles)
1. Breaching the provisions of technical regulations, design documentation, the compulsory provisions of documents in the area of standardisation or the provisions of specifications or breaching the compulsory requirements applicable to buildings and structures which have been established by an empowered federal executive governmental body before the entry into force of technical regulations when designing, construction, renovation or overhaul is
taking place in respect of capital construction facilities, for instance when building materials (articles) are being used
shall cause a warning or imposition of an administrative fine on citizens at the rate of 1,000 to 2,000 roubles; on officials from 20,000 to 30,000 roubles; on legal entities from 100,000 to 300,000 roubles.
2. The actions which are envisaged by Part 1 of the present article and have caused a deviation from the design values of the parameters of buildings and structures, affect the structural and other reliability and safety characteristics of capital construction facilities and/or of parts thereof or the safety of building structures, sections of utility networks, or which have caused harm to the life or health of citizens, the property of natural persons or legal entities, state or municipal property, the environment, the life or health of animals and plants or which have posed the threat of inflicting harm to the life or health of citizens, the environment, the life or health of animals and plants
shall cause the imposition of an administrative fine on citizens at the rate of 2,000 to 4,000 roubles; on officials from 30,000 to 35,000 roubles; on persons pursuing entrepreneurial activities without the formation of a legal entity from 35,000 to 40,000 roubles or the administrative suspension of activities for a term of up to 60 days; on legal entities from 300,000 to 600,000 roubles or the administrative suspension of activities for a term of up to 60 days.
3. A repeated commission within one year of an administrative offence envisaged by Part 2 of the present article -
shall cause the imposition of an administrative fine on citizens at the rate of 4,000 to 5,000 roubles; on officials from 35,000 to 40,000 roubles; on persons pursuing entrepreneurial activities without the formation of a legal entity from 40,000 to 50,000 roubles or the administrative suspension of activities for a term of up to 90 days; on legal entities from 700,000 to 1,000,000 roubles or the administrative suspension of activities for a term of up to 90 days.
Article 9.5. Violating the Established Procedure for Construction, Reconstruction and Overhaul of a Capital Development Unit and for Putting It into Operation
1. Unauthorised construction, reconstruction of capital development units, if the obtaining of a construction permit is required for construction, reconstruction of capital development units -
shall entail the imposition of an administrative fine on citizens in the amount of two thousand to five thousand roubles, on officials in the amount of twenty thousand to fifty thousand roubles, on persons engaged in business activity without forming a legal entity in the amount of twenty thousand to fifty thousand roubles or an administrative suspension of the activity for a time period up to ninety days and on legal entities in the amount of five hundred thousand to one million roubles or an administrative suspension of their activity for a period up to ninety days.
2. Nonobservance of the time for sending to the federal executive body or the executive body of a constituent entity of the Russian Federation authorised to exercise governmental building supervision a notification of the start of construction, reconstruction of capital development units or failure to notify the federal executive body or the executive body of a constituent entity of the Russian Federation authorised to exercise governmental building control of the time of finishing the works to be supervised -
shall entail the imposition of an administrative fine on citizens in the amount of five hundred to one thousand roubles, on officials in the amount of ten thousand to thirty thousand roubles, on persons engaged in business activity without forming a legal entity from ten thousand to forty thousand roubles and on legal entities in the amount of one hundred thousand
to three hundred thousand roubles. 3. The continuation of works prior to drawing up the certificates proving elimination of the
defects in construction, reconstruction and overhaul of capital development units detected by the federal executive body or executive bodies of constituent entities of the Russian Federation authorised to exercise governmental building supervision -
shall entail the imposition of an administrative fine on citizens in the amount of two thousand to five thousand roubles, on officials in the amount of ten thousand to thirty thousand roubles, on persons engaged in business activity without forming a legal entity from ten thousand to forty thousand roubles or an administrative suspension of their activity for a time period up to ninety days and on legal entities in the amount from fifty thousand to one hundred thousand roubles or an administrative suspension of their activity for a term of up to ninety days.
4. The issuance of a permit for putting a unit into operation where there are no opinions of the federal executive body or executive bodies of constituent entities of the Russian Federation authorised to exercise governmental building supervision, if the exercise of governmental building supervision is provided for by the legislation of the Russian Federation on town-planning activity when constructing, reconstructing the capital development unit -
shall entail the imposition of an administrative fine on officials in the amount of twenty thousand to fifty thousand roubles.
5. The operation of a capital development unit without having a permit to put it into operation, except for cases when the issuance of a construction permit is not necessary for construction, reconstruction and overhaul of capital development units -
shall entail the imposition of an administrative fine on citizens in the amount of five hundred to one thousand roubles, on officials from one thousand to two thousand roubles and on legal entities in the amount from ten thousand to twenty thousand roubles.
Federal Law No. 148-FZ of July 22, 2008 supplemented this Code with Article 9.5.1
Article 9.5.1. Carrying Out Engineering Surveys, Preparing Project Documentation, Constructing, Reconstructing and Overhauling Capital Construction Items without a Certificate of Admittance to Appropriate Kinds of Works or Not Satisfying Minimum Requirements to Be Followed without Fail for Issuance of Certificates of Admittance to Appropriate Kinds of Works
1. Carrying out works relating to an engineering survey, preparation of project documentation, construction, reconstruction and major overhaul of capital construction items which can affect the safety of capital construction items (hereinafter referred to in this Article as works affecting the safety of capital construction items) without the certificate of admittance to the said kinds of works, where such certificate is obligatory -
shall entail imposition of an administrative fine in the amount of from forty thousand to fifty thousand roubles.
2. The failure of a legal entity or individual businessman to satisfy minimum requirements to be followed without fail for issuance of a certificate of admittance to works which could affect the safety of capital construction items when carrying out works that could affect the safety of capital construction items -
shall entail imposition of an administrative fine in the amount from thirty to forty thousand roubles.
3. The repeated failure of a legal entity or individual businessman within a year to satisfy the minimum requirements to be followed without fail for issuance of the certificate of admittance to works which could affect the safety of capital construction items when carrying out works that could affect the safety of capital construction items -
shall entail imposition of an administrative fine in the amount from forty to fifty thousand roubles or an administrative suspension of activities thereof for a term of up to ninety days.
Article 9.6. Violating the Rules for Using Nuclear Power and of Registering Nuclear Materials and Radioactive Substances
1. Violating the norms and rules for using nuclear power - shall entail the imposition of an administrative fine upon citizens in an amount of from two
thousand roubles to three thousand roubles; upon officials - from twenty thousand roubles to thirty thousand roubles, or disqualification for a term of from six months to one year; upon legal entities - from two hundred thousand roubles to three hundred thousand roubles.
2. Violating the established procedure for registration of nuclear materials or radioactive substances, as well as failure to ensure control over observance of the rules of storage and use thereof -
shall entail the imposition of an administrative fine upon citizens in an amount of from four thousand roubles to five thousand roubles; upon officials - from thirty thousand roubles to forty thousand roubles, or disqualification for a term of from one year to one year and a half; upon legal entities - from three hundred thousand roubles to four hundred thousand roubles.
3. A flagrant violation of the norms and rules in the area of the use of nuclear power - shall entail the imposition of an administrative fine upon officials in an amount of from
forty thousand roubles to fifty thousand roubles, or disqualification for a term of from one year to two years; upon legal entities - from five hundred thousand roubles to one million roubles.
The Note. As a flagrant violation of the norms and rules in the area of the use of nuclear power is understood a violation that has led to an appearance of a direct threat to the life or health of people, and to the environment.
Article 9.7. Damaging Electric Power Circuits 1. Damaging electric power circuits which carry a voltage of up to 1000 volts (aerial,
underground and underwater electric power cables and connection and switching devices) - shall entail the imposition of an administrative fine on citizens in the amount of one
thousand to one thousand five hundred roubles, on officials in the amount of two thousand to three thousand roubles, and on legal entities in the amount of twenty thousand to thirty thousand roubles.
2. Damaging electric power circuits which carry a voltage over 1000 volts - shall entail the imposition of an administrative fine on citizens in the amount of one
thousand to two thousand roubles, on officials in the amount of three thousand to four thousand roubles, and on legal entities in the amount of thirty thousand to forty thousand roubles.
Article 9.8. Violation of the Rules on Protecting Electric Power Circuits Which Carry a Voltage of over 1000 Volts
Violation of the rules on protecting electric power circuits carrying a voltage of over 1000 volts, which may cause, or has caused, an interruption of the electric power supply -
shall entail the imposition of an administrative fine on citizens in the amount of five hundred to one thousand roubles, on officials in the amount of one thousand to two thousand roubles, and on legal entities in the amount of ten thousand to twenty thousand roubles.
Article 9.9. Putting into operation Heat-Absorbing and Power-Absorbing Objects without
Authorization of Appropriate Bodies Putting into operation heat-absorbing and power-absorbing objects without authorization
of the bodies exercising state supervision over said items - shall entail the imposition of an administrative fine on officials in the amount of one
thousand to two thousand roubles; on the persons engaged in business activity without creating a legal entity - from one thousand to two thousand roubles or an administrative suspension of the activity for a term of up to ninety days; on legal entities in the amount of ten thousand to twenty thousand roubles or an administrative suspension of the activity for a term of up to ninety days.
Article 9.10. Damaging Heating Systems and Fuel Pipelines by Negligence Damaging heating systems and fuel pipelines (pneumatic pipelines, or oxygen pipelines,
or oil pipelines, or oil product pipelines, or gas pipelines) by negligence - shall entail the imposition of an administrative fine on citizens in the amount of one
thousand to one thousand five hundred roubles, on officials in the amount of two thousand to three thousand roubles, and on legal entities in the amount of twenty thousand to thirty thousand roubles.
Article 9.11. Violating the Fuel and Energy Consumption Rules, or the Rules on Constructing and Operating Fuel-Absorbing and Energy-Absorbing Installations, Heating Systems or Objects Relating to Storage, Keeping, Sale and Transportation of Energy Carriers, Fuel and Products Thereof
Violating the rules for using fuel, electric and heat energy, or the rules on constructing electric power installations, or fuel-absorbing and power-absorbing installations, or heating systems, or objects relating to the storage, keeping, sale and transportation of energy carriers, fuel and products thereof -
shall entail the imposition of an administrative fine on citizens in the amount of five hundred to one thousand roubles; on officials in the amount of one thousand to two thousand roubles; on the persons engaged in business activity without creating a legal entity - from one thousand to two thousand roubles or an administrative suspension of the activity for a term of up to ninety days; on legal entities in the amount of ten thousand to twenty thousand roubles or an administrative suspension of the activity for a term of up to ninety days.
Article 9.12. Abrogated upon the expiry of 180 days from the day of the official publication of Federal Law No. 261-FZ of November 23, 2009.
Article 9.13. Avoidance of Meeting the Requirements Related to Making Engineering, Transport and Social Infrastructure Accessible to Disabled Persons
Avoidance of meeting the requirements related to making objects of engineering, transport and social infrastructures accessible to disabled persons -
shall entail the imposition of an administrative fine on officials in the amount of two thousand to three thousand roubles, and on legal entities in the amount of twenty thousand to thirty thousand roubles.
Article 9.14. Refusal to Produce General Use Transport Adapted for Disabled Persons Refusal to produce general use transport adapted for disabled persons - shall entail the imposition of an administrative fine on officials in the amount of two
thousand to three thousand roubles, and on legal entities in the amount of twenty thousand to thirty thousand roubles.
Article 9.15. The Breach of Information Disclosure Standards by Entities Operating on a
Wholesale Electric Energy and Power Market and on Retail Electric Energy Markets
The breach by an entity operating on a wholesale electric energy and power market or a retail electric energy markets of the procedure, methods or term established by information disclosure standards for the publication of information in the printed publications used according to federal laws and laws of subjects of the Russian Federation to publish official materials of governmental bodies, in electronic mass media and also the procedure, methods or term for the provision of information at a request in writing of persons concerned -
shall cause the imposition of an administrative fine at the rate of 20,000 to 30,000 roubles on the officials; and from 200,000 to 500,000 roubles on the legal entities.
Article 9.16. Violation of the Legislation on Energy Saving and Improvement of Energy Efficiency
1. Issuance by the producer or import into the territory of the Russian Federation by the importer of the commodity without inclusion of information on energy efficiency class, other obligatory information on energy efficiency in the technical documentation supplied with the commodity, its label, and, similarly, violation of the specified rules on inclusion of the mentioned information -
implies imposing of administrative fine on officials in the amount of Rbl 10,000 to Rbl 15,000 roubles; on the persons engaged in entrepreneurial activities without the forming of the legal entity - from Rbl 10,000 to Rbl 15,000 followed by confiscation of the commodities having become the subject of the administrative violation or without it; on legal entities - from Rbl 100,000 to Rbl 150,000 followed by confiscation of the commodities having become the subject of the administrative violation or without it.
2. The sale of goods without information on the class of their energy efficiency, other obligatory information on the energy efficiency in the technical documentation supplied with commodities, their labels, if the presence of such information is obligatory:
implies imposing an administrative fine on officials in the amount of Rbl 10,000 to Rbl 15,000; on the persons engaged in entrepreneurial activities without the forming of the legal entity - Rbl 10,000 to Rbl 15,000 followed by confiscation of the commodities having become the subject of the administrative violation or without it; on legal entities - from Rbl 100,000 to Rbl 150,000 followed by confiscation of commodities having become the subject of the administrative violation or without it.
3. A failure to observe in the course of design, construction, reconstruction works, capital repair of buildings, structures of the energy efficiency requirements, requirements of their equipping with recorders of used energy resources -
implies imposing an administrative fine on officials in the amount of Rbl 20, 000 to Rbl 30,000; on the persons engaged in entrepreneurial activities without the forming of the legal entity - from Rbl 40,000 to Rbl 50,000; on legal entities - from Rbl 500,000 to Rbl 600,000.
4. A failure on the part of the persons in charge of the maintenance of apartment houses to observe the energy efficiency requirements to apartment houses, requirements of their equipping with recorders of used energy resources, requirements to carry out obligatory measures of energy saving and improvement of energy efficiency of the common property of the owners of space in apartment houses -
implies imposing an administrative fine on officials in the amount of Rbl 5,000 to Rbl 10,000; on the persons engaged in entrepreneurial activities without the forming of the legal entity - from Rbl 10,000 to Rbl 15,000; on legal entities - from Rbl 20,000 to Rbl 30,000.
5. A failure on the part of the persons in charge of the maintenance of apartment houses to observe the requirements to work out and convey to the owners of space in apartment houses proposals on the measures of energy saving and improvement of energy efficiency in
apartment houses - implies imposing an administrative fine on officials in the amount of Rbl 5,000 to Rbl
10,000; on the persons engaged in entrepreneurial activities without the forming of the legal entity - from Rbl 10,000 to Rbl 15,000; on legal entities - from Rbl 20,000 to Rbl 30,000.
6. A failure on the part of organisations obliged to install, replace, operate recorders of used energy resources they supply or transmit to observe the requirements to grant to the owners of dwelling homes, countryside and garden cottages, persons representing their interests, owners of space in apartment houses, persons in charge of the maintenance of apartment houses proposals of equipping with recorders of used energy resources, if the granting of the mentioned proposals to such person is obligatory -
implies imposing an administrative fine on the officials in the amount of Rbl 20,000 to Rbl 30,000; on legal entities - from Rbl 100,000 to Rbl 150,000.
7. A failure on the part of the owners of non-dwelling buildings, structures in the course of their operation to observe the energy efficiency requirements to such buildings, structures, requirements of equipping with recorders of used energy resources -
implies imposing an administrative fine on the officials in the amount of Rbl 10,000 to Rbl 15,000; on the persons engaged in entrepreneurial activities without the forming of the legal entity - from Rbl 20,000 to Rbl 35,000; on legal entities - from Rbl 100,000 to Rbl 150,000.
8. A failure to observe the deadlines of obligatory energy survey - implies imposing an administrative fine on officials in the amount of Rbl 10,000 to Rbl 15,000; on the persons engaged in entrepreneurial activities without the forming of the legal entity - from Rbl 10,000 to Rbl 15,000; on legal entities - from Rbl 50,000 to Rbl 250,000.
9. A failure to observe the requirement to present a copy of the energy certificate drawn up as a result of the obligatory energy survey to the authorised federal body of executive power -
implies imposing an administrative fine on officials in the amount of Rbl 5,000; on legal entities - Rbl 10,000.
10. A failure on the part of organisations involving the state or municipal formation, as well as organisations engaged in regulated types of activities, to observe the requirement to adopt a program in the sphere of energy saving and improvement of energy efficiency -
implies imposing an administrative fine on officials in the amount of Rbl 30,000 to Rbl 50,000; on legal entities - from Rbl 50,000 to Rbl 100,000.
11. The placing of orders for supplies of commodities, carrying out works, rendering services for the state or municipal needs failing to meet their energy efficiency requirements -
implies imposing an administrative fine on officials in the amount of Rbl 25,000 to Rbl 30,000; on legal entities - from Rbl 50,000 to Rbl 100,000.
12. An unmotivated refusal or avoidance on the part of the organisation obliged to install, replace, operate recorders of used energy resources they supply or transmit to conclude an appropriate contract and/or execute it, as well as violation of the available procedure of its conclusion or a failure on the part of such organisation to observe the requirements to install, replace, operate recorders of used energy resources specifies as obligatory for it -
implies imposing an administrative fine on officials in the amount of Rbl 20,000 to Rbl 30,000; on the persons engaged in entrepreneurial activities without the forming of the legal entity - from Rbl 20,000 to Rbl 30,000; on legal entities - from Rbl 50,000 to Rbl 100,000.
Article 9.17. Failure to Observe the Rate of Fuel Stock and the Procedure for Thermal Power Stations to Maintain and Use Fuel Stocks
The failure of the owners or other legal possessors of the thermal power stations producing electric and thermal energy for consumers and of officials thereof to observe the rates of fuel stock and the procedure for thermal power stations to maintain and use fuel stocks -
shall entail the imposition of an administrative fine on officials in an amount of from 30,000 to 50,000 roubles or disqualification for a term from 18 months to three years; on legal entities in the amount of value of the subject matter of the administrative offence as of the time when the administrative offence was terminated or stopped.
Note. For the purposes of the present article the "value of the subject matter of the administrative offence" means the value of the fuel whose stock is missing for the observance of the rate of a thermal power station's fuel stock. In this case, said value of the fuel shall be calculated on the basis of the price for such fuel taken into account by the federal executive governmental body or the executive governmental body of a subject of the Russian Federation in the area of state regulation of prices (tariffs) when prices (tariffs) were set for electric energy (power) and/or thermal energy.
Unless said prices (tariffs) are subject to state regulation, the price of the fuel shall be set on the basis of the market price of said kind of fuel assessed in accordance with official sources of information on market prices and/or exchange quotations.
Article 9.18. Breach of the Procedure for Decommissioning Facilities for the Purposes of Repair
Breach by the owners or other legal possessors of power generating facilities and/or electric grid facilities of the procedure for decommissioning power-industry facilities for repair having caused a full and/or partial limitation of the mode of consumers' consumption of electric and/or thermal energy for over three calendar days -
shall entail the imposition of an administrative fine on officials in an amount of from 30,000 to 50,000 roubles or disqualification for a term from 18 months to three years; on legal entities in an amount from 500,000 to 1,000,000 roubles.
In respect of the hazardous facilities which are state or municipal property and whose operation is financed in full or in part at expenses of appropriate budgets, of elevators and escalators in apartment houses the provisions of Article 9.19 of the Code of Administrative Offences of the Russian Federation (in the wording of Federal Law No. 226-FZ of July 27, 2010) shall apply from January 1, 2013
Article 9.19. Failure to Satisfy the Requirements for Obligatory Insurance of Civil Liability of the Owner of a Hazardous Facility for Causing Harm as a Result of an Emergency at the Hazardous Facility
The operation of a hazardous facility, except for putting a hazardous facility into operation, when there is no contract of obligatory insurance of civil liability of the owner of the hazardous facility for causing harm as a result of an emergency at the hazardous facility -
shall entail the imposition of an administrative fine on officials in the amount of fifteen thousand to twenty thousand roubles and on legal entities in the amount of three hundred thousand to five hundred thousand roubles.
Article 9.20. Infringing the Procedure for the Use of Facilities for Storage of Chemical Weapons and Facilities for Destruction of Chemical Weapons
The use of facilities for storage of chemical weapons and of facilities for destruction of chemical weapons for purposes which are not connected with storage and destruction of chemical weapons, utilization and burial of waste resulting from the destruction of chemical weapons -
shall entail the imposition of an administrative fine upon officials in the amount of two thousand to four thousand roubles and on legal entities in the amount of thirty thousand to forty
thousand roubles.
Article 9.21. Breach of the Rules for Technological Connection to Electric Grids, the Rules for Connection to Heat Supply Systems or the Rules for Connection to Water Supply and Water Drainage Systems
1. A breach of the rules for technological connection to electric grids, the rules for connection to heat supply systems or the rules for connection to water supply and water drainage systems which has manifested itself in the non-compliance of the draft contract for technological connection to electric grid facilities or connection to heat supply systems or water supply and water drainage systems offered to the consumer for being concluded and/or technical specifications (if technical specifications have to be obtained according to the legislation of the Russian Federation) with the rules which are binding on the parties when relevant contracts are concluded and performed and/or the rules for determining and providing technical specifications according to the legislation of the Russian Federation, except for the cases envisaged by Articles 14.31, 14.31.1, 14.32 of the present Code or a breach of the term established by the legislation for provision of consumer with a draft contract for technological connection to electric grid facilities or connection to heat supply systems or water supply and water drainage systems and/or technical specifications to the consumer (if technical specifications have to be obtained according to the legislation of the Russian Federation), except for the cases envisaged by Articles 14.31, 14.31.1, 14.32 of the present Code or unsubstantiated refusal to conclude a contract for technological connection to electric grid facilities or connection to heat supply systems or water supply and water drainage systems, except for the cases envisaged by Articles 14.31, 14.31.1, 14.32 of the present Code
shall cause the imposition of an administrative fine on officials at a rate from 10,000 to 40,000 roubles; on legal entities from 100,000 to 500,000 roubles.
2. The repeated over the year commission of the administrative offence envisaged by Part 1 of the present article
shall cause the imposition of an administrative fine on officials at a rate from 40,000 to 50,000 roubles; on legal entities from 600,000 to 1,000,000 roubles.
Chapter 10. Administrative Offences in Agriculture, Veterinary Medicine and Land Reclamation
Article 10.1. Violating the Quarantine Rules, Especially Concerning Items that are Dangerous and Dangerous Pests, Infecting Agents for Plants, and Weeds
Violating the quarantine rules, especially for items that are dangerous, dangerous pests, infecting agents for plants, and for weeds -
shall entail a warning or imposition of an administrative fine on citizens in the amount of three hundred to five hundred roubles, on officials in the amount of five hundred to one thousand roubles, and on legal entities in the amount of five thousand to ten thousand roubles.
Article 10.2. Violating the Procedure for Import and Export of Products Subject to Quarantine (of Materials and Cargo Subject to Quarantine)
Violating the procedure for importation to the territory of the Russian Federation and to the areas, free of quarantine objects, as well as for exportation from the territory of the Russian Federation and from plant quarantine areas, of products subject to keeping in quarantine (of materials and cargo subject to keeping in quarantine) -
shall entail the imposition of an administrative fine on citizens in the amount of three hundred to five hundred roubles, on officials in the amount of five hundred to one thousand
roubles, and on legal entities in the amount of five thousand to ten thousand roubles.
Article 10.3. Violating the Rules of Production, Procurement, Transportation, Storage, Processing, Use and Sale of Products Subject to Quarantine (of Materials and Cargo Subject to Quarantine)
Violating the rules of production, procurement, transportation, storage, processing, use and sale of products subject to quarantine (of materials and cargo subject to quarantine) -
shall entail the imposition of an administrative fine on citizens in the amount of two hundred to five hundred roubles; on officials in the amount of five hundred to one thousand roubles; on the persons engaged in business activity without creating a legal entity - from five hundred to one thousand roubles or an administrative suspension of the activity for a term of up to ninety days; on legal entities in the amount of five thousand to ten thousand roubles or an administrative suspension of the activity for a term of up to ninety days.
Article 10.4. Failure to Take Measures to Guard Crops and Places of Storage of Plants Containing Narcotics, or Psychotropic Substances, or Precursors Thereof
Failure of an official to take measures in order to ensure the established conditions for guarding crops and places of storing narcotics, or psychotropic substances, or precursors thereof, or to take measures in order to exterminate post-harvest remains and industrial wastage containing narcotics, psychotropic substances or precursors thereof -
shall entail the imposition of an administrative fine in the amount of three thousand to four thousand roubles.
Article 10.5. Failure to Take Measures in Order to Exterminate Wild Plants, Containing Narcotics, or Psychotropic Substances, or Precursors Thereof
Failure of a landowner or of a land user to take measures in order to exterminate wild plants containing narcotics, or psychotropic substances, or precursors thereof, after the receipt of an official order of an authorized body to do so -
shall entail the imposition of an administrative fine on citizens in the amount of one thousand five hundred to two thousand roubles, on officials in the amount of three thousand to four thousand roubles, and on legal entities in the amount of thirty thousand to forty thousand roubles.
Article 10.5.1. Illegal Cultivation of Plants Containing Narcotics, or Psychotropic Substances, or Precursors Thereof
Illegal cultivation of plants containing narcotics, or psychotropic substances, or precursors thereof, if this action does not contain a penal deed, -
shall entail imposition of an administrative fine on individuals in an amount of from one thousand five hundred to four thousand roubles or an administrative arrest for a term of up to fifteen days, and on legal entities of from one hundred thousand to three hundred thousand roubles.
Article 10.6. Violating the Rules for Keeping Animals in Quarantine or Other Veterinary- and-Sanitary Rules
1. Violating the rules for keeping animals in quarantine or other veterinary-and-sanitary rules, except for the instances stipulated by Part 2 of this Article, -
shall entail the imposition of an administrative fine on citizens in the amount of five hundred to one thousand roubles; on officials in the amount of three thousand to five thousand roubles; on the persons engaged in business activity without creating a legal entity - from three
thousand to five thousand roubles or an administrative suspension of the activity for a term of up to ninety days; on legal entities in the amount of ten thousand to twenty thousand roubles or an administrative suspension of the activity for a term of up to ninety days.
2. Violation of the rules for fight against quarantine and especially dangerous diseases of animals -
shall entail the imposition of an administrative fine on citizens in an amount of one thousand to one thousand five hundred roubles; on officials - from five thousand to seven thousand roubles; on persons carrying out business activity without the formation of a legal entity - from five thousand to seven thousand roubles or an administrative suspension of activity for a period of up to ninety days; on legal entities - from ninety thousand to one hundred thousand roubles or an administrative suspension of activity for a period of up to ninety days.
Article 10.7. Concealing Information about a Sudden Cattle Plague or about Simultaneous Cases of Animals Falling Ill on a Mass Scale
1. Concealing from bodies of the state veterinary inspectorate information about a sudden cattle plague or about simultaneous cases of animals falling ill on a mass scale, or untimely notification of said bodies about a sudden cattle plague or about simultaneous cases of animals falling ill on a mass scale, as well as failure to take measures, or failure to take measures in due time, in order to localize these cattle plague and cases of illness -
shall entail the imposition of an administrative fine on citizens in the amount of five hundred to one thousand roubles, on officials in the amount of one thousand to two thousand roubles, and on legal entities in the amount of ten thousand to twenty thousand roubles.
2. The same actions committed in the period of carrying out on the respective territory of restrictive measures (quarantine) -
shall entail the imposition of an administrative fine on citizens in an amount of one thousand to one thousand five hundred roubles; on officials - from two thousand to two thousand five hundred roubles; on legal entities - from ninety thousand to one hundred thousand roubles.
Article 10.8. Violating Veterinary-and-Sanitary Rules of Transportation or Slaughter of Animals, the Rules of Processing, Storage or Sale of Cattle
Violating veterinary-and-sanitary rules of transportation or slaughter of animals, or the rules of processing, storage or sale of cattle -
shall entail the imposition of an administrative fine on citizens in the amount of five hundred to one thousand roubles; on officials in the amount of three thousand to five thousand roubles; on the persons engaged in business activity without creating a legal entity - from three thousand to five thousand roubles or an administrative suspension of the activity for a term of up to ninety days; on legal entities in the amount of ten thousand to twenty thousand roubles or an administrative suspension of the activity for a term of up to ninety days.
Article 10.9. Carrying Out Land Reclamation Works in Violation of the Project Therefor Carrying out land reclamation works in violation of the project of the land reclamation
works - shall entail a warning or imposition of an administrative fine on citizens in the amount of
one thousand five hundred to two thousand roubles, on officials in the amount of three thousand to four thousand roubles, and on legal entities in the amount of thirty thousand to forty thousand roubles.
Article 10.10. Violating the Rules for Operation of Land Reclamation Systems, or of Separate Hydraulic Engineering Structures. Damaging Land Reclamation
Systems 1. Violating the rules for operation of a land reclamation system or of a separate hydraulic
engineering structure - shall entail the imposition of an administrative fine on citizens in the amount of five
hundred to one thousand roubles, on officials in the amount of one thousand to two thousand roubles, and on legal entities in the amount of ten thousand to twenty thousand roubles.
2. Damaging a land reclamation system, or a protective forest stand - shall entail the imposition of an administrative fine on citizens in the amount of one
thousand to one thousand five hundred roubles, on officials in the amount of two thousand to three thousand roubles, and on legal entities in the amount of twenty thousand to thirty thousand roubles.
3. Construction or operation of communication lines, of electricity transmission lines, of pipelines, of roads or of other objects on land, which is being improved (or has been improved), without the consent of a specially authorized state land reclamation body -
shall entail the imposition of an administrative fine on citizens in the amount of one thousand to one thousand five hundred roubles, on officials in the amount of one thousand five hundred to two thousand roubles, and on legal entities in the amount of ten thousand to twenty thousand roubles.
Article 10.11. Violating the Standards and Rules of Pedigree Cattle Breeding
1. Sale or use, for the purpose of reproduction, of bloodstock products (material) failing to meet the requirements established by the legislation on pedigree cattle breeding -
shall entail a warning or imposition on an administrative fine on citizens in the amount of one thousand to one thousand five hundred roubles, on officials in the amount of two thousand to three thousand roubles, and on legal entities in the amount of twenty thousand to thirty thousand roubles.
2. Violating the rules for state registration of pedigree animals and of pedigree cattle herds -
shall entail the imposition of an administrative fine on citizens in the amount of three hundred to five hundred roubles, on officials in the amount of five hundred to one thousand roubles, and on legal entities in the amount of five thousand to ten thousand roubles.
Article 10.12. Violating the Rules for Production, Procurement, Processing, Storage, Sale, Transportation and Use of Agricultural Seeds
Violating the rules of production, procurement, processing, storage, sale, transportation and use of agricultural seeds -
shall entail a warning or imposition of an administrative fine on citizens in the amount of three hundred to five hundred roubles, on officials in the amount of five hundred to one thousand roubles, and on legal entities in the amount of five thousand to ten thousand roubles.
Article 10.13. Violating the Rules of Documenting Agricultural Seeds Violating the rules of drawing up documents concerning agricultural seeds, or introducing
unreliable data about grades and sowing properties of seeds therein - shall entail a warning or imposition of an administrative fine on citizens in the amount of
one hundred to three hundred roubles, on officials in the amount of three hundred to five hundred roubles, and on legal entities in the amount of three thousand to five thousand roubles.
Article 10.14. Violating the Procedure for Importation into the Territory of the Russian Federation of Agricultural Seeds
Importing into the territory of the Russian Federation batches of seeds, which do not meet the requirements of state standards, in the absence of the documents attesting the grades and sowing properties of the seeds, or unpacked batches of seeds (in bulk) treated with chemical and biological preparations, or batches of seeds, allowed for use but having grades, which are not included into the State Register of Selection Achievements, except for batches of seeds intended for scientific research, state tests and production of seeds for exportation from the Russian Federation -
shall entail the imposition of an administrative fine on citizens in the amount of one thousand five hundred to two thousand roubles, on officials in the amount of three thousand to four thousand roubles, and on legal entities in the amount of thirty to forty thousand roubles.
Chapter 11. Administrative Offences on Transport
Article 11.1. Actions Endangering Safety on Railway Transport and on the Underground Railroad
1. Damaging a railway track, or signaling and communication structures and devices, or any other transport equipment, as well as throwing on, or leaving on, railway tracks articles which may disrupt railway traffic -
shall entail the imposition of an administrative fine on citizens in an amount of three thousand to five thousand roubles or an administrative arrest for a term of up to fifteen days, and on officials in the amount of twenty thousand to fifty thousand roubles.
2. Failure to observe the established dimensions, while loading and unloading cargo - - shall entail the imposition of an administrative fine on citizens in the amount of two
thousand to three thousand roubles. 3. Damaging protective stands, snow-fences or other railway objects - shall entail the imposition of an administrative fine on citizens in the amount of three
hundred to five hundred roubles, and on officials in the amount of five hundred to one thousand roubles.
4. Violating the rules for crossing railway tracks by animal-drawn transport and of driving cattle across railway tracks, as well as violating the cattle pasture rules in the vicinity of railway tracks -
shall entail a warning or the imposition of an administrative fine on citizens in the amount of one hundred roubles, and on officials in the amount of one hundred to three hundred roubles.
5. Passing over railway tracks, where it is not prescribed - shall entail a warning or the imposition of an administrative fine in the amount of one
hundred roubles.
6. Departing from the rules for safe traffic and operation of railway transport at public use railways, at non-public use railways or at railway crossings, except as provided for by Parts 1-5 of this Article, if these actions do not contain a criminally punishable deed -
shall entail the imposition of an administrative fine on citizens in the amount of one thousand to two thousand roubles.
Article 11.2. Abrogated upon the expiry of ninety days from the day of the official publication of Federal Law No. 380-FZ of December 28, 2009.
Article 11.3. Actions Endangering Flight Safety 1. Placing in the vicinity of an aerodrome, heliport or landing ground signs and devices,
similar to the marking signs and devices adopted for identification of aerodromes, heliports or landing grounds -
shall entail the imposition of an administrative fine on citizens in an amount of one thousand to two thousand roubles, on officials in an amount of four thousand to five thousand roubles and on legal entities in an amount of ten thousand to twenty thousand roubles.
2. Using pyrotechnic articles in the territory of an airport, aerodrome, heliport or landing ground or in the area of airborne approaches to an airport, aerodrome, heliport or landing ground without authorization of the administration of the airport, aerodrome, heliport or landing ground -
shall entail the imposition of an administrative fine on citizens in an amount of one to two thousand roubles accompanied by confiscation of the instruments of the administrative offence, on officials in an amount of four thousand to five thousand roubles accompanied by confiscation of the instruments of the administrative offence and on legal entities in an amount of ten thousand to twenty thousand roubles accompanied by confiscation of the instruments of the administrative offence.
3. Damaging equipment of an aerodrome, heliport or landing ground, aerodrome signs or an aircraft -
shall entail the imposition of an administrative fine in the amount of one thousand to two thousand five hundred roubles.
4. Passing or driving across the territory of an airport (except for an airport terminal), of an aerodrome or radio communication and light signaling facilities -
shall entail a warning or the imposition of an administrative fine in the amount of five hundred to one thousand roubles.
5. Breaking a traffic engineering procedure for special transportation vehicles and mechanical aids at an aerodrome -
shall entail the imposition of an administrative fine in the amount of one thousand roubles.
6. Failing to follow the rules for placing on buildings, structures, communication lines, power transmission lines, radio equipment and other facilities of day identification marks and devices, as well as night identification marks and devices, installed to ensure aircraft flight safety -
shall entail the imposition of an administrative fine on citizens in the amount of one thousand to two thousand roubles, on officials in the amount of four thousand to five thousand roubles and on legal entities in the amount of ten thousand to twenty thousand roubles.
Article 11.3.1. Violating Aviation Safety Requirements 1. Failing to adhere or breaking aviation safety standards, rules or procedures, except as
provided for by Parts 2 - 4 of this Article - shall entail the imposition of an administrative fine on officials in the amount of one to two
thousand five hundred roubles and on officials in the amount of two thousand to five thousand roubles.
2. Failing to take measures aimed at maintenance of fencing structures of a controlled territory or a restricted area, or ground structures of an airport, aerodrome or heliport -
shall entail the imposition of an administrative fine on officials in an amount of two thousand to four thousand roubles and on legal entities in an amount of four thousand to ten thousand roubles.
3. Failing to take measures aimed at preventing the entry aboard an aircraft of persons, hand-baggage or luggage, freight, postal sendings or on-board supplies that have not been inspected or of articles or substances whose air carriage is prohibited -
shall entail imposition of an administrative fine on officials in an amount of two thousand to three thousand roubles and on legal entities in an amount of ten thousand to fifty thousand roubles.
4. Delivery or assistance to delivery aboard an aircraft of persons, hand-baggage or luggage, freight, postal sendings or on-board supplies that have not been inspected or of articles or substances whose air carriage is prohibited -
shall entail imposition of an administrative fine on citizens in an amount of one thousand to three thousand roubles and on officials in an amount of ten thousand to thirty thousand roubles.
Article 11.4. Violating the Rules for Use of Air Space
1. Violation by an airspace user of the federal rules for use of air space, if this action does not contain a criminally punishable deed-
shall entail the imposition of an administrative fine on citizens in the amount of two thousand to five thousand roubles, on officials in the amount of twenty five thousand to thirty thousand roubles, and on legal entities in the amount of two hundred and fifty thousand to three hundred roubles or an administrative suspension of activities for a term up to ninety days.
2. Violating the rules for use of air space by persons who are entitled in the established procedure to exercise activities related to use of air space, if this action does not contain a criminally punishable deed-
shall entail the imposition of an administrative fine on citizens in the amount of three thousand to five thousand roubles, on officials in the amount of thirty thousand to fifty thousand roubles, and on legal entities in the amount of three hundred thousand to five hundred thousand roubles or an administrative suspension of activities for a term up to ninety days.
Article 11.5. Violating the Rules for Safe Operation of Aircraft 1. Failing to follow the procedure for admittance to aircraft flight operation or the rules for
flight preparation or operation, except as provided for by Parts 3 - 9 of this Article, if these actions made through negligence have inflicted slight harm on the victim's health -
shall entail the imposition of an administrative fine on citizens in the amount of one thousand five hundred to two thousand roubles or deprivation of the right to pilot an aircraft for a term of three to six months, on officials in the amount of three thousand to four thousand roubles and on legal entities in the amount of fifty thousand to eighty thousand roubles.
2. The same actions that have inflicted through negligence medium-gravity harm on the victim's health -
shall entail the imposition of an administrative fine on citizens in an amount of two thousand to two thousand five hundred roubles or deprivation of the right to pilot an aircraft for a term up to one year, on officials in an amount of ten thousand to twenty thousand roubles and on legal entities in an amount of eighty thousand to one hundred thousand roubles.
3. The takeoff of an aircraft having the defects with which it is prohibited to start flying without the permission of an authorised body or in contravention of the passenger capacity (cargo capacity) standards or disregarding the flying weight restrictions or aircraft center-of- gravity restrictions -
shall entail the imposition of an administrative fine on the pilot in command in an amount of two thousand to two thousand five hundred roubles or deprivation of the right to pilot an aircraft for a term up to one year.
4. An aircraft's piloting by a person who has no right to pilot it - shall entail the imposition of an administrative fine in the amount of two thousand to two
thousand five hundred roubles. 5. Piloting an aircraft that has not passed through state registration, or has not been
entered to the state records, or does not have state and registration markings, or record
marking, or has wittingly false state and registration markings or wittingly false record marking - shall entail imposition of an administrative fine on the pilot in command in an amount of
two thousand to two thousand five hundred roubles or deprivation of the right to pilot an aircraft for a term up to one year.
6. Piloting an aircraft which does not have the aircraft and flight documentation provided for by the legislation of the Russian Federation or piloting an aircraft by the flight crew member who does not have the documents proving the right to operation the given type of an aircraft -
shall entail imposition of an administrative fine in the amount of one thousand to two thousand roubles.
7. Piloting an aircraft by an alcohol-intoxicated person or avoidance by the person piloting an aircraft of a medical examination, in the established procedure, in respect of alcoholic intoxication, or transfer of an aircraft's piloting to a person intoxicated by alcohol -
shall entail deprivation of the right to pilot an aircraft for a term from two to three years. 8. Permitting the flight of an aircraft which has not passed through state registration, or
has not been entered to the state records, or does not have state and registration markings, or record marking, or has wittingly false state and registration markings or wittingly false record marking, or does not have the aircraft and flight documentation provided for by the legislation of the Russian Federation, or whose flight crew or cockpit crew is not complete, or that has defects with which it is prohibited to pilot it without a permit of an authorised body, or in which the passenger capacity (cargo capacity) standards or the flying weight restrictions or aircraft center- of-gravity restrictions are disregarded, as well as the admittance to piloting of an aircraft or to its maintenance of a person who has no right to it or is intoxicated by alcohol, or maintenance of an aircraft by a person who has no right to it or is intoxicated by alcohol -
shall entail the imposition of an administrative fine on citizens in the amount of three thousand to five thousand roubles and on officials in the amount of ten thousand to fifteen thousand roubles.
9. Flying of aircrafts that do not have aboard search and crash rescue means provided for by the legislation of the Russian Federation -
shall entail the imposition of an administrative fine on citizens in the amount of one thousand five hundred to two thousand roubles, on officials in the amount of three thousand to four thousand roubles and on legal entities in the amount of thirty thousand to forty thousand roubles.
Notes: 1. Infliction of slight harm to health shall be understood as a short-time impairment of
health or a slight stable loss of general labour ability. 2. Infliction of medium-gravity harm to health shall be understood as a prolonged
impairment of health which does not pose danger to life or a considerable stable loss of general labour ability by less than third.
Article 11.6. Actions Endangering Safety on Water Transport
1. Violating the procedure for employing booms and for arranging forest harbours, or for arranging fishweirs and other tools for procurement (catching) of aquatic biological resources at improper places without agreeing it in the established procedure with authorities of the regions where waterways and hydro-structures are situated, as well as carrying out diving works in port water areas without proper authorization, or failure to observe the signaling rules, while carrying out these works -
shall entail the imposition of an administrative fine on citizens in the amount of three hundred to five hundred roubles, and on officials in the amount of five hundred to one thousand
roubles. 2. Destroy or damaging structures, or communication and signaling devices on sea
transport ships, inland water transport ships, floating and waterside navigation and technical equipment, or at technical means and signs showing shipping and navigational conditions, or on communication and signaling means, as well as damaging port and hydro-engineering structures, or tearing off and setting up without proper authorization (agreement) signs, structures, sources of acoustic and light signals, impeding identification of navigational signs and signals -
shall entail the imposition of an administrative fine on citizens in the amount of five hundred to one thousand roubles, and on officials in the amount of one thousand to two thousand roubles.
3. Violating the rules for maintenance, and the established procedure for operation, of navigational equipment on bridges, dams and other hydro-engineering structures -
shall entail the imposition of an administrative fine on officials in the amount of five hundred to one thousand roubles.
Article 11.7. Violating the Rules of Sailing
1. Violating by a navigator or by any other person navigating a sea transport ship or an inland water transport ship (except for small boats) the rules of sailing and moorage, of a ship's entry to, or departure from, a port, except as provided for by Part 3 of this article, of towing trains and rafts, of giving sound or light signals and of bearing ship's lights and signs -
shall entail the imposition of an administrative fine in the amount of five hundred to one thousand roubles or deprivation of the right to navigate a vessel for a term of up to one year.
2. Exceeding by a navigator, or by any other person navigating a small boat, of the established speed, or failure to meet the requirements of navigational signs, or an intentional stoppage or mooring at places where it is forbidden, as well as violating the rules of manoeuvring, of giving sound signals and of bearing ship's lights and signs -
shall entail a warning or the imposition of an administrative fine in the amount of three hundred to five hundred roubles or deprivation of the right to navigate a small boat for a term of up to six months.
3. If a shipmaster sails a ship without a pilot in the area where ships' pilotage is mandatory, except when a ship pertains to the category of ships which are relieved of mandatory pilotage or when the shipmaster is vested by the port captain in the established procedure with the right of sailing without a pilot -
shall entail the imposition of an administrative fine in the amount of two thousand to two thousand and five hundred roubles or deprivation of the right to sail a ship for a term of up to three months.
4. Failure of the shipmaster to declare the data on the ship's sea-gauge, length, width and tonnage, or incorrect declaration by him of such data, as well as of other data on the ship which are necessary for the ship's pilotage -
shall entail the imposition of an administrative fine in the amount of five hundred to one thousand roubles.
Note. By a small-size vessel in this Code should be understood a self-propelled vessel of a gross tonnage of less than 80 register tons with the main engine of a power of 55 kilowatts (75 horsepowers) or with a suspended motor (suspended motors) irrespective of its (their) power, a sailing non-self-propelled vessel of a gross tonnage of less than 80 register tons, another non- self-propelled vessel (a rowing boat of a tonnage of 100 or more kilograms, a kayak of a
tonnage of 150 or more kilograms and an inflatable vessel of a tonnage of 225 or more kilograms), a pleasure vessel of a passenger capacity of not more than 12 persons irrespective of the power of the main engine (main engines) and of the gross tonnage, and also a water motorcycle (hydrocycle).
Article 11.8. Violating the Rules for Operating Vessels, as Well as Navigation of a Vessel by a Person Who Is Not Authorized to Do So
1. Navigating a vessel (including small boats) which is not registered in the established procedure, or the technical condition of which has not been inspected (certified), or which does not have a ship's number or markings, or which has been reequipped without proper authorization, as well as a vessel which needs repairing to such an extent that operation thereof is forbidden, or where the passenger capacity standards are violated or the restrictions concerning the region and conditions of sailing are not observed -
shall entail the imposition of an administrative fine in the amount of five hundred to one thousand roubles.
2. Navigation of a vessel by a person who is not authorized to navigate this vessel, or allowing a person, who is not authorized to navigate a vessel, to do so -
shall entail the imposition of an administrative fine in the amount of one thousand to one thousand five hundred roubles.
Article 11.8.1. Operation of a Small-Size Boat by a Navigator Not Carrying Documents Necessary for Being Admitted to Operate a Small-Size Boat
1. The operation of a small-size boat by a navigator not carrying a licence for the right to operate a small-size boat, a ship's card of a small-size boat or its copy attested in the established procedure, as well as documents confirming the right to own, use or dispose of the boat operated by him in the absence of the possessor -
shall entail a warning or the imposition of an administrative fine in the amount of a hundred roubles.
2. The transfer of the operation of a small-size boat to a person not carrying a licence for the right to operate a small-size boat -
shall entail a warning or the imposition of an administrative fine in the amount of a hundred roubles.
Article 11.9. Navigation of a Vessel by a Navigator or by Any Other Person in a State of Alcoholic Intoxication
1. Navigation of a vessel (including small boats) by a navigator or any other person in a state of alcoholic intoxication, as well allowing a person in a state of alcoholic intoxication to navigate a vessel -
shall entail the imposition of an administrative fine in the amount of one thousand five hundred to two thousand roubles or deprivation of the right to navigate a vessel for a term of one to two years.
2. Avoidance by a navigator or by any other person, navigating a vessel, of a medical examination in the established procedure, as regards the state of alcoholic intoxication -
shall entail the imposition of an administrative fine in the amount of one thousand to one thousand five hundred roubles or deprivation of the right to navigate a vessel for a term of one to two years.
Article 11.10. Violating the Passenger Safety Rules on Board Water Transport Ships, as Well as in Small Boats
Violating passenger safety rules during embarkation, transportation and disembarkation
of passengers on board water transport ships or in small boats - shall entail the imposition of an administrative fine on citizens in the amount of three
hundred to five hundred roubles, and on officials in the amount of five hundred to one thousand roubles.
Article 11.11. Violating the Rules of Loading and Unloading Ships Violation of the rules of loading and unloading ships, including small boats - shall entail the imposition of an administrative fine on citizens in an amount of three
hundred to five hundred roubles; on officials - from five hundred to one thousand roubles; on juridical persons - from five thousand to ten thousand roubles.
Article 11.12. Violating the Rules for Using Bases (Structures) for Small Boat Moorage Using bases (structures) for small boat moorage in the absence of authorization of
bodies of the state small boat inspectorate, or violating the norms of small boat moorage, of terms, conditions and technical requirements regarding safe operation of bases (structures) thereof, as well as keeping at said bases (structures) small boats which are not registered in the established procedure -
shall entail the imposition of an administrative fine on the officials, who are responsible for the use of bases (structures) for small boats, in the amount of five hundred to one thousand roubles.
Article 11.13. Violating the Rules for Permitting a Ship to Depart, or Allowing Persons, Who Do Not Have Appropriate Diplomas (Certificates, Licenses) or Who Are in a State of Alcoholic Intoxication, to Navigate a Ship
1. Permitting a ship (except for small boats) to depart (giving a ship an order to depart) by a person, responsible for operation thereof, in the absence of the documents certifying registration of a ship, or its fitness for operation, or with an incomplete ship's crew, or when the technical condition of a ship does not comply with available documents, or in violation of the established rules of loading, norms of passenger capacity or restrictions depending on the sailing area and conditions, as well as allowing persons, who do not have appropriate diplomas (certificates, licenses) or who are in a state of alcoholic intoxication, to navigate a ship or to operate machinery and equipment thereof -
shall entail the imposition of an administrative fine in the amount of one thousand to two thousand roubles.
2. Permitting the departure of a small boat, which is not registered in the established procedure, or which technical condition has not been inspected (certified), or which needs repairing to such an extent that its operation is forbidden, or which is not properly equipped, or which has been reequipped without appropriate authorization, as well as allowing persons, who have no right to navigate a small boat or who are in a state of alcoholic intoxication, to navigate a small boat -
shall entail the imposition of an administrative fine on the officials responsible for operation of small boats in the amount of five hundred to one thousand roubles.
Article 11.14. Violating the Rules of Transporting Dangerous Substances, Large-Sized or Heavy-Weight Cargo
1. Violating the rules of transporting dangerous substances, large-sized or heavy weight cargo on air transport -
shall entail the imposition of an administrative fine on citizens in the amount of five hundred to one thousand roubles, on officials in the amount of one thousand to two thousand roubles; on juridical persons - from ten thousand to twenty thousand roubles.
2. Violating the rules of transporting dangerous substances, large-sized or heavy-weight cargo on sea and inland water transport -
shall entail the imposition of an administrative fine on citizens in the amount of three hundred to five hundred roubles, officials in the amount of five hundred to one thousand roubles; on juridical persons - from five thousand to ten thousand roubles.
3. Violating the rules of transporting dangerous substances, large-sized and heavy- weight cargo on railway transport -
shall entail the imposition of an administrative fine on citizens in the amount of one hundred to three hundred roubles, on officials in the amount of three to five hundred roubles, on juridical persons - from three thousand to five thousand roubles.
Federal Law No. 69-FZ of April 21, 2011 supplemented this Code with Article 11.14.1. The Article shall enter into force on January 1, 2012
Article 11.14.1. Breaking the Rules for Carrying Passengers and Baggage by a Taximeter Passenger Car
1. The unavailability in the passenger compartment of a taximeter passenger car of the information provided for by the Rules for Carrying Passengers and Baggage by Motor Transport and Ground Electric Transport -
shall entail the imposition of an administrative fine upon the driver in the amount of one thousand roubles, on officials in the amount of ten thousand roubles and on legal entities in the amount of thirty thousand roubles.
2. A failure to issue to a passenger the cashier's cheque or receipt made with the use of a strict accountability form which are provided for by the Rules for Carrying Passengers and Baggage by Motor Transport and Ground Electric Transport and which prove payment for the use of a taximeter passenger car -
shall entail the imposition of an administrative fine on the driver in the amount of one thousand rubles, on officials in the amount of ten thousand roubles and on legal entities in the amount of thirty thousand roubles.
3. The absence on the transport vehicle used for rendering the services involved in carriage of passengers and baggage of colour-graphic scheme or a taximeter passenger car and/or of an identification light to be installed on the roof of the cited transport vehicle -
shall entail the imposition of an administrative fine on the driver in the amount of three thousand roubles, on officials in the amount of ten thousand roubles and on legal entities in the amount of fifty thousand roubles.
Federal Law No. 69-FZ of April 21, 2011 supplemented this Code with Article 11.14.2. The Article shall enter into force on January 1, 2012
Article 11.14.2. Breaking the Rules for Carriage of Passengers and Baggage by Order 1. The refusal of a driver to produce a chartering contract, or a copy thereof, or a job
ticket as to the provision of the transport vehicle for carriage of passengers and baggage by order, if a chartering contract is made in the form of a job ticket, to the officials authorized to exercise control over the driver's having the cited documents -
shall entail the imposition of an administrative fine upon the driver in the amount of five thousand roubles.
2. The carriage of passengers and baggage by order without making in writing a contract of chartering a transport vehicle -
shall entail the imposition of an administrative fine upon the driver in the amount of five thousand roubles, upon officials in the amount of fifty thousand roubles and upon legal entities in the amount of two hundred thousand roubles.
3. The collection of payment from passengers when carrying by order an indefinite circle
of persons - shall entail the imposition of an administrative fine upon the driver in the amount of five
thousand roubles, upon officials on the amount of fifty thousand roubles and upon legal entities in the amount of two hundred thousand roubles.
4. Loading passengers to a transport vehicle provided for carrying passengers and baggage by order without producing by the passengers the documents proving their right to be carried by this transport vehicle, or if there is no list of passengers where producing of the cited documents or the availability of the cited list of passengers is mandatory -
shall entail the imposition of an administrative fine upon the driver in the amount of five thousand roubles, upon officials on the amount of fifty thousand roubles and upon legal entities in the amount of two hundred thousand roubles.
Article 11.15. Damaging Property on Transport Means in General Use, Freight Carriages, or Other Equipment Intended for Transportation or Storage of Cargo on Transport
1. Damaging property on transportation means in general use, where damage to property does not exceed one hundred roubles, as well as damaging freight carriages, or vessels and other transportation means, or containers, or other equipment intended for transportation and storage of cargo on transport -
shall entail the imposition of an administrative fine in the amount of one thousand to one thousand five hundred roubles.
2. Damaging seals or locks of freight carriages, of trucks and trailers, of containers, of holds, of cargo compartments and other cargo premises of vessels and aircrafts, or damaging individual packages or packing thereof, or packets, as well as fences of passenger platforms, or damaging premises of railway stations and terminals, or damaging fences of freight yards (terminals) of railway stations, of truck standings, of container points (grounds), of ports (wharfs, landing grounds), of locks and warehouses, used for freight transportation -
shall entail the imposition of an administrative fine in the amount of one thousand to one thousand five hundred roubles.
Article 11.15.1. Failure to Satisfy the Requirements for Ensuring Transport Safety 1. Failure to satisfy the requirements for ensuring transport safety of the transport
infrastructure facilities and transport vehicles - shall entail the imposition of an administrative fine on citizens in the amount of three
thousand to five thousand roubles, on officials in the amount of twenty thousand to thirty thousand roubles and on legal entities in the amount of thirty thousand to fifty thousand roubles.
2. Committing repeatedly the administrative offence provided for by Part 1 of this article - shall entail the imposition of an administrative fine on citizens in the amount of five
thousand roubles; on officials in the amount from thirty thousand to forty thousand roubles, on individual businessmen in the amount from thirty thousand to forty thousand roubles or administrative suspension of their activities for a term up to ninety days and on legal entities from fifty thousand to sixty thousand roubles or an administrative suspension of their activities for a term up to ninety days.
Article 11.16. Failure to Satisfy the Fire Prevention Requirements on Railway, Sea, Inland Water or Air Transport
Failure to satisfy the fire prevention requirements on railway, sea, inland water or air transport -
shall entail the imposition of an administrative fine on citizens in the amount of one thousand five hundred to two thousand roubles, and on officials in the amount of four thousand
to five thousand roubles.
Article 11.17. Violating the Rules of Citizens' Conduct on Railway, Air or Water Transport
1. Embarkation or disembarkation of passengers on the move of a train, or travelling on carriage footsteps, or carriage roofs, or any other places unsuitable for passenger travel, as well as an unauthorized stoppage of a train, when it is not necessary, or unauthorized travelling in a freight train -
shall entail the imposition of an administrative fine in the amount of one hundred roubles. 2. Throwing litter and other things on railway tracks and platforms or overboard a sea
transport ship or an inward water transport ship - shall entail a warning or the imposition of an administrative fine in the amount of one
hundred roubles.
3. Smoking in a suburban train carriage (including covered platforms thereof), or at places not intended for smoking in a local or a long-distance train, on board a sea transport ship or on board an inland water ship, or on board an aircraft whose flight duration is below three hours -
shall entail a warning or the imposition of an administrative fine in the amount of one hundred roubles.
4. Violating the rules of photographing, video recording, filming or using radio communication means on board an aircraft -
shall entail a warning or the imposition of an administrative fine in the amount of one hundred roubles accompanied by confiscation of the film.
5. Failure of persons who are on board of a sea transport ship or an inland water transport ship to follow rightful orders of the master of the vessel -
shall entail the imposition of an administrative fine in the amount of two thousand to five thousand roubles.
6. A failure of the persons who are aboard an aircraft to follow lawful orders of the pilot in command of the aircraft -
shall entail the imposition of an administrative fine in the amount of two thousand to five thousand rubles or an administrative arrest for a term up to fifteen days.
Article 11.18. Travelling without a Ticket 1. Travelling without a ticket: 1) in a suburban train - shall entail the imposition of an administrative fine in the amount of one hundred roubles; 2) in a local and long-distance train - shall entail the imposition of an administrative fine in the amount of two hundred roubles; 3) on board a sea transport suburban ship, or on board an inland water transport
suburban ship - shall entail the imposition of an administrative fine in the amount of one hundred roubles; 4) on board a sea transport long-distance (transit) ship, or on board an inland water
transport long-distance (transit) ship - shall entail the imposition of an administrative fine in the amount of one hundred roubles. 2. Travelling by aircraft without a ticket - shall entail the imposition of an administrative fine in the amount of two hundred roubles. 3. Travelling by intercity bus without a ticket -
shall entail the imposition of an administrative fine in the amount of one hundred roubles. 4. Carriage of children without a ticket, whose travelling is partially payable - shall entail the imposition of an administrative fine equal to half the amount of the fine
which shall be imposed on adult passengers for travelling without a ticket on the appropriate transport.
Article 11.19. Violating the Rules for Carriage of Hand Luggage, Baggage and Freight 1. Carriage of hand luggage in excess of the established standard without payment
therefor on air, sea, inland water or railway transport - shall entail the imposition of an administrative fine equal to one hundred roubles. 2. Carriage of luggage without paying therefor by intercity bus - shall entail the imposition of an administrative fine in the amount one hundred roubles. 3. Carriage in hand luggage, in baggage or freight of the substances and articles whose
transportation is forbidden, as well as delivering dangerous substances to railway baggage rooms for safe keeping -
shall entail the imposition of an administrative fine in the amount of one hundred to three hundred roubles.
4. Carriage of domestic animals and poultry without payment - shall entail the imposition of an administrative fine equal to one hundred roubles.
Article 11.20. Violating Safety Rules, While Constructing, Operating or Repairing Main Pipelines
Violating safety rules, while constructing, operating or repairing main pipelines, as well as putting them in operation with technical defects -
shall entail the imposition of an administrative fine on citizens in the amount of one hundred to three hundred roubles; on officials in the amount of three hundred to five hundred roubles; on the persons engaged in business activity without creating a legal entity - from three hundred to five hundred roubles or an administrative suspension of the activity for a term of up to ninety days; on legal entities in the amount of three thousand to five thousand roubles or an administrative suspension of the activity for a term of up to ninety days.
Article 11.21. Violating the Rules for Using Road Rights of Way and Road Sides 1. Pollution of strips of land designated for motor roads and of roadsides of motor roads,
ploughing up land, or haymaking, or felling or damaging stands and other perennial plants, or removing turf and excavating, except for works related to maintenance of strips of land designated for motor roads or to repair of motor roads or sections thereof, or cattle pasture, as well as cattle driving across motor roads outside specially allotted places coordinated with owners of motor roads -
shall entail a warning or imposition of an administrative fine in the amount of up to 300 roubles.
2. The use of water removal structures of a motor road for water discharge or run-off, carrying out within the boundaries of the strip of land designated for a motor road, in particular on the surfaced portion of it, works connected with application of inflammable substances, as well as of substances which can reduce the grip of the wheels of transport vehicles with road surface; carrying out within the boundaries of the strip of land designated for a motor road works which are not connected with construction, reconstruction, overhaul, repair and maintenance of the motor road and placement of roadside service facilities; placement within the boundaries of the strip of land designated for a motor road of buildings, constructions, structures and other facilities which are not intended for servicing of the motor road, constriction, reconstruction,
overhaul, repair amd maintenance of he motor road and do not pertain to roadside service facilities; installation within the boundaries of a strip of land of a motor road of advertising structures which do not comply with the requirements of technical regulations and/or normative legal acts of the Russian Federation on road traffic safety, of information boards and signposts which are not related to ensuring road traffic safety or the exercise of road activities, laying or rearrangement of engineering services within the boundaries of the strip of land designated for a motor road without making or in defiance of the contract made with the owner of the motor road; construction, reconstruction, overhaul and repair of crossings of motor roads and of border crossings of motor roads, reconstruction, overhaul and repair of joints of roadside services facilities with motor roads, laying or rearrangement of engineering services within the boundaries of roadsides of a motor road, construction and reconstruction of capital construction objects, of facilities intended for road activities, of roadside service facilities, installation of advertising structures, information boards and signposts within the boundaries of roadside of a motor road without coordination thereof with the owners of the motor road -
- shall entail the imposition of an administrative fine on citizens in the amount from one thousand to one thousand and five hundred roubles; on officials from three thousand to five thousand roubles and on legal entities from fifty thousand to eighty thousand roubles.
Article 11.22. Violation by Land Users of the Rules for Protecting Highways and Road Structures
Failure of persons using land plots, adjacent to highway drainage strips within the limits of settlements on roads of federal importance, to carry our their duties regarding the arrangement, repairing and systematic cleaning of walks or foot-bridges within the limits of the plots assigned to them, or their duties concerning the technical maintenance and cleaning of exits from the land plots, assigned to them, or from access roads to highways of general use, including crossing bridges, -
shall entail the imposition of an administrative fine on citizens in the amount of one hundred to three hundred roubles, on officials in the amount of three hundred to five hundred roubles, and on legal entities in the amount of three thousand to five thousand roubles.
Article 11.23. Violating a Work and Rest Schedule by a Driver of a Transport Motor Vehicle, Engaged in International Motor Carriage
1. Driving a freight motor vehicle or a bus, engaged in international motor carriage, without a controlling device (tachograph) or with a turned-off tachograph, as well as with tachograms, which are not filled in, or without keeping registration sheets showing the work and rest schedule of drivers thereof -
shall entail the imposition of an administrative fine in the amount of up to two thousand five hundred roubles.
2. Violating the established work and rest schedule by a driver of a freight motor vehicle or of a bus engaged in international motor carriage -
shall entail the imposition of an administrative fine in the amount of five hundred to one thousand roubles.
Article 11.24. Organising a Transport Service for the Population without Making It Accessible to Disabled Persons
Failure of the head of an organisation, or of any other official, responsible for organising a transport service for the population and for operation of transport vehicles, to meet the requirements of legislation, providing for the inclusion into the transport service for the population of transport vehicles accessible to disabled persons -
shall entail the imposition of an administrative fine in the amount of two thousand to three
thousand roubles.
Article 11.25. Abrogated. Article 11.26. Unlawful Use of Motor Vehicles, Registered in Other States, for Freight
and (or) Passenger Carriage 1. Using transport vehicles, which are owned by foreign carriers, for transportation of
freight and (or) passengers between points, situated on the territory of the Russian Federation, - shall entail the imposition of an administrative fine on the driver in the amount of one
thousand to one thousand five hundred roubles, and on the officials, representing consignors, consignees and mediators, in the amount of two thousand to three thousand roubles.
2. International carriage of freight and (or) passengers without appropriate authorization by a freight motor vehicle or by a bus, registered in another state, from the territory of the Russian Federation to the territory of a foreign state, or to the territory of the Russian Federation from the territory of a foreign state, where said transport vehicle is not registered -
shall entail the imposition of an administrative fine on the driver in the amount of one thousand five hundred to two thousand roubles.
Article 11.27. Driving a Transport Vehicle, Engaged in International Motor Carriage, Which Does Not Bear on It, and (or) on a Trailer Attached Thereto, Distinguishing State Registration Plates of the Transport Vehicle (Trailer), and Violating Other Rules of Operating a Transport Vehicle Engaged in International Motor Carriage
Driving a transport vehicle, engaged in international motor carriage, which does not bear on it and (or) on a trailer attached thereto distinguishing state registration plates of the transport vehicle (trailer), as well as in the absence of an appropriate transport document in respect of the freight being carried, or in the absence of a list of passengers of a bus engaged in irregular passenger carriage, where it is required, -
shall entail the imposition of an administrative fine on the driver in the amount of two hundred to five hundred roubles.
Article 11.28. Abrogated. Article 11.29. International Motor Carriage without Authorization International motor carriage by drivers of transport vehicles, owned by foreign carriers,
without authorization, where such authorization is obligatory - shall entail the imposition of an administrative fine in the amount of one thousand to one
thousand five hundred roubles.
Article 11.30. Willful Concealment of an Air Accident or Incident Willful concealment of an air accident, incident or data on them, or distortion of
information, or causing damage or destructing on-board or land objective control facilities or other evidential materials connected with an air accident or incident -
shall entail the imposition of an administrative fine on citizens in the amount of two thousand to five thousand roubles, on officials in the amount of four thousand to ten thousand roubles and on legal entities in the amount of twenty thousand to fifty thousand roubles.
Chapter 12. Road Traffic Administrative Offences
On the application of Chapter 12 of this Code, see Resolution of the Plenary Session of the Supreme Court of the Russian Federation No. 18 of October 24, 2006
Article 12.1. Driving a Transport Vehicle Which Is Not Registered in the Established Procedure or a Transport Vehicle Which Has Not Passed the State Vehicle Inspection or the Technical Inspection
1. Driving a transport vehicle which is not registered in the established procedure - shall entail imposition of an administrative fine in the amount of three hundred to eight
hundred roubles.
2. Driving a passenger taxi car, bus or truck intended and equipped for carrying people with the number of seta exceeding eight (except for the driver's seat), a specialized transport vehicle intended and equipped for hazardous cargo carriage that have not passed the state vehicle inspection or the technical inspection -
shall entail the imposition of an administrative fine in the amount of five hundred to eight hundred rubles.
Note: 1. A transport vehicle in this Article shall mean a motor vehicle with an engine capacity
over 50 cubic centimetres and a maximum design speed of 50 kilometres per hour, as well as trailers thereto which are subject to state registration and, in other articles of this chapter, also tractors, other self-propelled road construction and other machines, trams and trolleybuses.
2. Abrogated from January 1, 2012. Article 12.2. Driving a Transport Vehicle in Violation of the Rules on Fixing State
Registration Plates Thereon
1. Driving a transport vehicle bearing unreadable or non-standard state registration plates, except for the cases envisaged by Part 2 of this Article, or those which do not meet the requirements of the state standard -
shall entail a warning or the imposition of an administrative fine in the amount of five hundred roubles.
2. Driving a vehicle without state registration plates, and equally, driving a vehicle without state registration plates installed in the places intended for this purpose or driving a vehicle with state registration plates equipped by means of materials obstructing or impeding the identification thereof -
shall entail the imposition of an administrative fine in the amount of five thousand roubles or the deprivation of the right to run motor transport vehicles for a period of one to three months.
3. The placing of deliberately forged state registration plates on a motor transport vehicle shall:
involve the imposition of an administrative fine in the amount of two thousand five hundred roubles on individuals; from fifteen thousand to twenty thousand roubles on officials responsible for the operation of motor transport vehicles; from four hundred thousand to five hundred thousand roubleson legal entities;
4. The running of motor transport vehicle with deliberately forged state registration plates -
shall involve the deprivation of the right to run motor transport vehicles for a period from six to twelve months.
Note. A state registration plate is regarded as non-standard, if it does not meet the requirements established in conformity with the legislation on technical regulation and as unreadable if it is impossible to read from a distance of 20 metres at nighttime at least one of
the letters or figures of the back state registration plate and at daytime at least one of the letters or figures of the front or back state registration plate.
Federal Law No. 69-FZ of April 21, 2011 amended Article 12.3 of this Code. The amendments shall enter into force on January 1, 2012
Article 12.3. Driving a Transport Vehicle by a Driver Who Does Not Have the Documents Provided for by Traffic Regulations with Him, as Well As the Permit to Exercise the Activity of Carrying Passengers and Baggage by a Taximeter Passenger Car
1. Driving a transport vehicle without the documents entitling him to do so, or registration documents for the transport vehicle as well as documents confirming his right to possess, use, or dispose of, the transport vehicle, being driven by him, in the absence of the owner thereof -
shall entail a warning or the imposition of an administrative fine in the amount of one hundred roubles.
2. Driving a transport vehicle by a driver who does not have with him, in the cases provided for by the legislation, a policy of compulsory insurance of civil liability of transport vehicles' owners, except as provided for by Part 2 of Article 12.37 of this Code, and also a license, or travel orders, or commodity-transportation documents -
shall entail a warning or the imposition of an administrative fine in the amount of one hundred roubles.
Federal Law No. 69-FZ of April 21, 2011 supplemented Article 12.3 of this Code with part 2.1. The part shall enter into force on January 1, 2012
2.1. The carriage of passengers and baggage by a passenger transport vehicle used for rendering the services involved in carrying passengers and baggage by the driver who does not have with him/her the permit to exercise the activity of carrying passengers and baggage by a taximeter passenger car -
shall entail the imposition of an administrative fine upon the driver in the amount of five thousand roubles.
3. Allowing a person, who does not have with him the documents entitling him to drive a transport vehicle, to do so -
shall entail a warning or the imposition of an administrative fine in the amount of one hundred roubles.
Federal Law No. 69-FZ of April 21, 2011 amended the title of Article 2.6.1 of this Code. The amendments shall enter into force on January 1, 2012
Article 12.4. The Violation of the Rules for the Placing on a Transport Vehicle of Audible and Sound Signal Devices or for the Plotting of Colour-graphic Schemes on the Cars of Operational Services, or of the Colour-Graphic Scheme of a Taximeter Passenger Car, or an Unlawful Installation of the Identification Light of a Taximeter Passenger Car
1. The setting of light devices on the front part of a motor transport vehicle with red lights or with red cat's eye, and also of light devices, the colour of lights and the routine of work do not meet the requirements of the Basic Regulations for the Admission of Motor Transport Vehicles to Operation and for the Duties of Officials to Safeguard the Road Traffic Safety -
shall involve the imposition of an administrative fine in the amount of two thousand five hundred roubles with the confiscation of the said devices on individuals; from fifteen thousand to twenty thousand roubles with the confiscation of the said devices on the officials responsible for the operation of motor transport vehicles; from four hundred thousand to five hundred thousand
roubles with the confiscation of the said devices on legal entities.
Federal Law No. 69-FZ of April 21, 2011 amended part 2 of Article 2.6.1 of this Code. The amendments shall enter into force on January 1, 2012
2. The setting of devices for producing special audible or light signals without a permission (with the exception of alarm signalling) or an unlawful installation on a transport vehicle of the identification light of a taximeter passenger car -
shall involve the imposition of an administrative fine on individuals in the amount of two thousand five hundred roubles with the confiscation of the said devices; on officials responsible for running transport vehicles in the amount of twenty thousand roubles with the confiscation of the said devices; on legal entities in the amount of five hundred thousand roubles with the confiscation of the said devices.
Federal Law No. 69-FZ of April 21, 2011 amended part 3 of Article 2.6.1 of this Code. The amendments shall enter into force on January 1, 2012
3. The unlawful plotting of special colour-graphic schemes of the cars of operational services or of the colour-graphic scheme of a taximeter passenger car on the exterior surfaces of transport vehicles -
shall involve the imposition of an administrative fine in the amount of two thousand five hundred roubles; in the amount of twenty thousand roubles on the officials responsible for running motor transport vehicles; in the amount of five hundred thousand roubles on legal entities.
Article 12.5. Driving a Transport Vehicle in the Presence of the Defects Thereof or under the Conditions When Operation of Transport Vehicles Is Prohibited
1. Driving a transport vehicle in the presence of defects thereof or under conditions when, in compliance with the Basic Provisions Concerning the Admittance of Transport Vehicles for Operation and with the duties of officials in respect of ensuring traffic safety, the operation of the transport vehicle is prohibited, except for the troubles and conditions indicated in the second - sixth parts of this Article -
shall entail the imposition of an administrative fine equal to one hundred roubles. 2. Driving a transport vehicle having brakes(except for a parking brake), a steering
system or a hitch bar (when a transport vehicle is part of a train), which are known to be out of order -
shall entail the imposition of an administrative fine in the amount of three hundred to five hundred roubles.
3. The running of motor transport vehicles, on whose front part light devices are set with red lights or red colour cat's eyes are installed, and also light devices, the colour of lights and the routine of work do not meet the requirements of the Basic Regulations for the Admission of Motor Transport Vehicles to Operation and for the Duties of Officials to safeguard road traffic safety -
shall involve the deprivation of the right to run motor transport vehicles for a period from six to twelve months with the confiscation of the said devices.
3.1. Driving a vehicle featuring glasses (for instance those coated with transparent colour film) translucence does not meet the technical regulations governing wheeled vehicle safety -
shall cause the imposition of an administrative fine in the amount of five hundred roubles. 4. The running of a motor transport vehicle which bears devices for producing special
light or sound signals without a permit (with the exception of alarm signalling) -
shall involve the deprivation of the right to run motor transport vehicles for a period from 12 to 18 months with the confiscation of the said devices.
Federal Law No. 69-FZ of April 21, 2011 supplemented Article 12.5 of this Code with part 4.1. The part shall enter into force on January 1, 2012
4.1. Driving a transport vehicle upon which the identification light of a taximeter passenger car is unlawfully installed -
shall entail the imposition of an administrative fine upon the driver in the amount of five thousand roubles accompanied by confiscation of the target of the administrative offence.
5. The use of devices for producing light or sound signals during the movement of a motor transport vehicle (with the exception of alarm signalling), set without a special permit -
shall involve the right to run transport vehicles for a period from 18 to 24 months with the confiscation of the said devices.
6. The running of a motor transport vehicle which bear special colour-graphic schemes of the card of operational services, plotted on which illegally, -
shall involve the deprivation of the right to run transport vehicles for a period from 12 to 18 months.
Federal Law No. 69-FZ of April 21, 2011 supplemented Article 12.5 of this Code with part 7. The part shall enter into force on January 1, 2012
7. Driving a transport vehicle having the colour-graphic scheme of taximeter passenger car unlawfully plotted on it -
shall entail the imposition of an administrative fine on the driver in the amount of five thousand roubles.
Article 12.6. Violating the Rules on Using Safety Belts or Crash Helmets Driving a transport vehicle by a driver whose safety belt is not fastened, or transporting
passengers whose safety belts are not fastened, when the design of a transport vehicle provides for safety belts, as well as driving a motorcycle, or transporting passengers on one , without crash helmets or with crash helmets on, which are not fastened -
shall entail the imposition of an administrative fine equal to five hundred roubles.
Article 12.7. Driving a Transport Vehicle by a Driver Who Has No Right to Drive the Transport Vehicle
1. Driving a transport vehicle by a driver who has no right to drive a transport vehicle (except for instructional driving) -
shall entail the imposition of an administrative fine in the amount of two thousand five hundred.
2. Driving a transport vehicle by a driver who is deprived of the right to drive a transport vehicle -
shall entail administrative arrest for up to fifteen days or imposition of an administrative fine upon persons in respect of which an administrative arrest may not be applied under this Code in the amount of five thousand roubles.
3. Allowing a person who is known to have no right to drive a
transport vehicle (except for instructional driving) or who is known to be deprived of such right - shall entail the imposition of an administrative fine in the amount of two thousand five
hundred.
Article 12.8. Driving a Transport Vehicle by a Driver in a State of Alcoholic Intoxication, or Allowing a Person in a State of Alcoholic Intoxication to Drive a Transport Vehicle
1. Driving a transport vehicle by a driver in a state of alcoholic intoxication - shall entail deprivation of the right to drive transport vehicles for a term of 18 to 24
months. 2. Allowing a person, who is in a state of alcoholic intoxication, to drive a transport
vehicle - shall entail deprivation of the right to drive transport vehicles for a term of 3. Driving a transport vehicle by a driver in the state of intoxication who has no right to
drive transport vehicles or is deprived of the right to drive transport vehicles - shall entail administrative arrest for a term up to fifteen days or imposition of an
administrative fine upon persons in respect of which an administrative arrest may not be applied under this Code in the amount of five thousand roubles.
4. A repeated commission of the administrative offence provided for by Parts 1 or 2 of this Article -
shall entail deprivation of the right to drive a transport vehicle for the term of three years.
Article 12.9. Exceeding the Established Speed Limit 1. Exceeding the speed limit established for a transport vehicle by at least 10 but at most
20 kilometers per hour - shall entail a warning or the imposition of an administrative fine equal to one hundred
roubles. 2. Exceeding the speed limit established for a transport vehicle by over 20 but at most 40
kilometers per hour - shall entail the imposition of an administrative fine equal to three hundred roubles. 3. Exceeding the speed limit established for a transport vehicle by over 40 but at most 60
kilometers per hour - shall entail the imposition of an administrative fine in the amount of from one thousand to
one thousand and five hundred roubles. 4. Exceeding the speed limit established for a transport vehicle by more than 60
kilometers per hour - shall entail the imposition of an administrative fine in the amount of from two thousand to
two thousand five hundred roubles or deprivation of the right to drive transport vehicles for a term of four to six months.
Article 12.10. Violating the Rules for Crossing Railway Tracks 1. Driving across a railway track outside a railway crossing, or driving over a railway
crossing, when a traffic control barrier is closed or closing, or when traffic lights or a person on duty at the railway crossing prohibit doing so, as well as stopping or parking on a railway crossing -
shall entail the imposition of an administrative fine in the amount of five hundred roubles or deprivation of the right to drive transport vehicles for a term of three to six months.
2. Violating the rules on driving over railway crossings, except for the cases provided for by Part 1 of this Article -
shall entail the imposition of an administrative fine equal to one hundred roubles.
3. A repeated commission of the administrative offence provided for by Part 1 of this Article -
shall entail deprivation of the right to drive transport vehicles for the term of one year.
Article 12.11. Violating the Rules of Driving on Highways 1. Driving on highways a transport vehicle having the speed of less than 40 kilometers
per hour due to the specifications or condition thereof, as well as stopping a transport vehicle on a highway outside special parking lots -
shall entail a warning or the imposition of an administrative fine equal to one hundred roubles.
2. Driving a lorry, which has a maximum permissible weight of more than 3,5 tons, on a highway along the lanes other than the first and the second ones, as well as instructional driving on a highway -
shall entail a warning or the imposition of an administrative fine equal to one hundred roubles.
3. A U-turn or an entry of a transport vehicle in the service gaps of a highway traffic carrigeway, or driving in reverse on a highway -
shall entail the imposition of an administrative fine in the amount of three hundred to five hundred roubles.
Federal Law No. 69-FZ of April 21, 2011 reworded Article 12.12 of this Code. The new wording of the Article shall enter into force on January 1, 2012
Article 12.12. Driving, When Traffic Lights or a Traffic Controller Prohibit It 1. Driving, when traffic lights or a traffic controller show that it is prohibited, except as
provided for by Part 1 of Article 12.10 of this Code and by Part 2 of this article - shall entail the imposition of an administrative fine in the amount of one thousand
roubles. 2. Failure to satisfy the requirement of the Road Traffic Rules to stop before the stop-line
marked by road signs or by road marking when traffic lights or a traffic controller prohibit it - shall entail the imposition of an administrative fine in the amount of eight hundred
roubles.
Article 12.13. Violating the Rules on Driving over Crossings
Federal Law No. 69-FZ of April 21, 2011 amended part 1 of Article 12.13 of this Code. The amendments shall enter into force on January 1, 2012
1. Driving over a crossing , or crossing a roadway, when there is a traffic jam which has forced a driver to stop, thus impeding transversal traffic -
shall entail the imposition of an administrative fine in the amount of one thousand roubles.
Federal Law No. 69-FZ of April 21, 2011 amended part 2 of Article 12.13 of this Code. The amendments shall enter into force on January 1, 2012
2. Failure to meet the requirement of the Traffic Regulations to give way to a transport vehicle having the priority right when driving over crossings -
shall entail the imposition of an administrative fine in the amount of one thousand roubles.
Article 12.14. Violating the Rules of Maneuvering 1. Failure to meet the requirement of the Traffic Regulations to give a signal before
starting to move, or changing lanes, or making a turn, or making a U-turn, or stopping - shall entail a warning or the imposition of an administrative fine equal to one hundred
roubles.
1.1. Failure to comply with the requirements of the Traffic Regulations, except in established instances, to move in due time, before turning right or left or completing to a u-turn, the corresponding extreme position of the roadway intended for movement in a given direction -
shall entail a warning or imposition of an administrative fine in the amount of one hundred roubles.
2. A u-turn, or driving in reverse, where such maneuvering is prohibited, safe for the cases provided for by Part 3 of Article 12.11 of this Code -
shall entail the imposition of an administrative fine equal to one hundred roubles. 3. Failure to meet the requirement of the Traffic Regulations to give way to a traffic
vehicle having priority, safe for the cases provided for by Part 2 of Article 12.13. and by Article 12.17. of this Code -
shall entail a warning or the imposition of an administrative fine equal to one hundred roubles.
Article 12.15. Violating the Rules for Locating a Transport Vehicle on the Road, for Passing Each Other When Driving in Opposite Directions, or for Overtaking
1. Violating the rules for locating a transport vehicle on the road, for passing each other when driving in opposite directions, as well as driving along waysides or crossing of an organised motor convoy or a column of people walking on foot or taking a place in it -
shall entail imposition of an administrative fine in the amount of five hundred roubles. 2. Driving along cycling tracks and paths, or along pavements in violation of the Traffic
Regulations - shall entail imposition of an administrative fine in the amount of two thousand roubles. 3. Entering in breach of the Road Traffic Rules in a lane intended for contraflow traffic,
while bypassing an obstacle - shall entail imposition of an administrative fine in the amount of from one thousand to one
thousand five hundred roubles. 4. Entering in breach of the Road Traffic Rules in a lane intended for contraflow traffic or
a contraflow tramway, except for the cases envisaged by Part 3 of this Article - shall entail deprivation of the right to drive a transport vehicle for a term of from four to six
months, and if an administrative offence is recorded by special automatic technical facilities featuring photographic and cine-shooting or video-recording functions or photographic and cine- shooting or video-recording facilities -- the imposition of an administrative fine in the amount of 5,000 roubles.
Article 12.16. Failure to Observe the Requirements Ordered by Traffic Signs or Road Markings
Federal Law No. 69-FZ of April 21, 2011 amended part 1 of Article 12.16 of this Code. The amendments shall enter into force from July 1, 2012
1. Failure to observe the requirements ordered by traffic signs or road markings, save for the cases envisaged by Parts 2 and 3 of the present article and other articles of the present chapter -
shall entail a warning or the imposition of an administrative fine in the amount of 300 roubles.
2. Turning left or a u-turn in breach of the requirements ordered by traffic signs or road markings -
shall entail the imposition of an administrative fine in an amount from 1,000 to 1,500 roubles.
3. Opposite movement on a one-way road -
shall entail the imposition of an administrative fine in the amount of 5,000 roubles or deprivation of the right to drive vehicles for four to six months.
Federal Law No. 69-FZ of April 21, 2011 supplemented Article 12.16 of this Code with parts 4 and 5. These parts shall enter into force from July 1, 2012
Article 12.17. Failure to Give Priority in Traffic to a Fixed-Route Transport Vehicle or to a Transport Vehicle Having Special Light and Sound Signaling Devices Turned-On
1. Failure to give priority in traffic to a fixed-route transport vehicle, as well as to a transport vehicle having a flashing blue light signaling device and a special sound signaling device turned on simultaneously -
shall entail a warning or the imposition of an administrative fine in the amount of one hundred to three hundred roubles.
Federal Law No. 69-FZ of April 21, 2011 supplemented Article 12.17 of this Code with parts 1.1 and 1.2. These parts shall enter into force from July 1, 2012
2. Failure to give priority in traffic to a transport vehicle having special exterior coloring, inscriptions and markings, as well as a flashing blue light signaling device and a special sound signaling device turned on simultaneously -
shall entail the imposition of an administrative fine in the amount of three hundred to five hundred roubles or deprivation of the right to drive transport vehicles for a term of one to three months.
Article 12.18. Failure to Give Priority in Traffic to Pedestrians or to Other Traffic Failure to meet the requirement of the Traffic Regulations to give way to pedestrians,
cyclists or to other traffic (safe for drivers of transport vehicles) - shall entail the imposition of an administrative fine in the amount of eight hundred to one
thousand roubles.
Federal Law No. 69-FZ of April 21, 2011 amended Article 12.19 of this Code. The amendments shall enter into force from July 1, 2012
Article 12.19. Violating the Rules on Stopping or Parking Transport Vehicles 1. Violating the rules on stopping or parking transport vehicles, safe for the cases
provided for by Part 1 of Article 12.10. of this Code and Parts 2 to 4 of this Article - shall entail a warning or the imposition of an administrative fine equal to one hundred
roubles.
2. Violating the rules of stopping or parking transport vehicles at places intended for stopping or parking transport vehicles of disabled persons -
shall entail the imposition of an administrative fine on a driver in the amount of from three thousand up to five thousand roubles.
3. The stopping or parking of vehicles at a pedestrian crossing, except for a forced stopping, or a violation of the rules for stopping or parking vehicles on the pavement which has entailed the creation of obstacles for the movement of pedestrians -
shall entail a warning or imposition of an administrative fine in the amount of three hundred roubles.
4. Violating the rules of stopping or parking transport vehicles on the roadway and thus causing obstacles for other transport vehicles, as well as stopping or parking a transport vehicle in a tunnel -
shall entail a warning or the imposition of an administrative fine in the amount of three
hundred roubles. Note. Abrogated. Article 12.20. Violating the Rules on Using Exterior Lighting Systems, Horns, A Fault
Signaling System or an Emergency Stop Signal Violating the rules of using exterior lighting systems or horns, or a fault signaling system,
or an emergency stop signal - shall entail a warning or the imposition of an administrative fine equal to one hundred
roubles.
Article 12.21. Violating the Rules for Transporting Freight, and the Rules of Towing 1. Violating the rules for transporting freight, as well as the rules of towing - shall entail a warning or the imposition of an administrative fine equal to one hundred
roubles. 2. Abrogated. Article 12.21.1. Violating the Rules for Carrying Large-Size and Heavy-Lift Cargo
1. Carrying large-size and heavy-lift cargo without a special permit, if the obtaining of such permit is obligatory and special pass-ticket, as well as deviation from the route cited in the special permit -
shall entail imposition of an administrative fine the driver in the amount of from two thousand to two thousand five hundred roubles, or deprivation of the right to drive transport vehicles for a term of from four to six months, officials responsible for carriage - in the amount of from fifteen thousand to twenty thousand roubles and upon legal entities in the amount of from four hundred thousand to five hundred thousand roubles.
2. Carrying large-size cargo exceeding the external dimensions cited in a special permit by more than ten centimetres -
shall entail imposition of an administrative fine the driver in the amount of from one thousand five hundred to two thousand roubles, or deprivation of the right to drive transport vehicles for a term of from two to four months, upon officials responsible for the carriage - from ten thousand to fifteen thousand roubles and upon legal entities from two hundred and fifty thousand to four hundred thousand roubles.
3. Carrying heavy-lift cargo exceeding the permitted all-weight or axle load cited in a special permit by more than 5 per cent -
shall entail imposition of an administrative fine upon the driver in the amount of from one thousand five hundred to two thousand roubles, upon officials responsible for the carriage from ten thousand to fifteen thousand roubles and upon legal entities from two hundred and fifty thousand to four hundred thousand roubles.
3.1. Providing by the shipper unreliable data on the cargo weight and size where it has caused violation of the rules for carriage of large-size and heavy-weight cargo -
shall entail the imposition of an administrative fine on citizens in the amount of five thousand roubles, on individual businessmen in the amount of ten thousand to fifteen thousand rubles and on legal entities in the amount of two hundred and fifty thousand to four hundred thousand roubles.
4. Violating the rules for carrying large-size and heavy-lift cargo, except as provided for by Parts 1 - 3 of this Article -
shall entail imposition of an administrative fine the driver in the amount of from one thousand to one thousand five hundred roubles, upon officials responsible for the carriage - from five thousand to ten thousand roubles and upon legal entities - from one hundred and fifty
thousand to two hundred and fifty thousand roubles.
5. Failure to satisfy the requirements prescribed by road signs forbidding the traffic of transport vehicles, including roadtrains, whose total real weight or whose axle load exceed those shown on a road sign, if such transport vehicles are driven without a special permit -
shall entail the imposition of an administrative fine on the driver in the amount of two thousand to two thousand and five hundred roubles.
Article 12.21.2. Violating the Rules for Carrying Hazardous Cargo
1. Carrying hazardous cargo by a driver who does not have a certificate proving his/her driving training for carriage of hazardous cargo, a certificate proving admittance of a transport vehicle to carriage of hazardous cargo, special permit, coordinated route of carriage or an emergency card of the danger information system provided for by the rules for carrying hazardous cargo, as well as carrying hazardous cargo by a transport vehicle whose design does not comply with the requirements of the rules for carrying hazardous cargo or which does not have elements of the danger information system or the equipment and facilities used for liquidation of the consequences of an accident that can take place while carrying dangerous cargo, or failure to observe the conditions of carrying hazardous cargo provided for by the said rules -
shall entail imposition of an administrative fine the driver in the amount of from two thousand to two thousand five hundred roubles, or deprivation of the right to drive transport vehicles for a term of from four to six months, upon officials responsible for the carriage from fifteen thousand to twenty thousand roubles and upon legal entities from four hundred thousand to five hundred thousand roubles.
2. Violating the rules for carrying hazardous cargo, except as provided for by Part 1 of this Article -
shall entail imposition of an administrative fine the driver in the amount of from one thousand to one thousand five hundred roubles, upon officials responsible for the carriage - from five thousand to ten thousand roubles and upon legal entities - from one hundred and fifty thousand to two hundred and fifty thousand roubles.
Article 12.22. Violating the Rules of Instructional Driving Violating the rules of instructional driving by a driver who is a driving instructor - shall entail a warning or the imposition of an administrative fine equal to one hundred
roubles.
Article 12.23. Violating the Rules for Transporting People 1. Violating the rules for transporting people, safe for the cases provided for by Part 2 of
this Article - shall entail the imposition of an administrative fine equal to five hundred roubles. 2. Transporting people outside the cabin of a lorry (safe for the cases when it is allowed
by the Traffic Regulations), of a tractor, of other self-propelled machines, or in a freight trailer, in a caravan, in the body of a freight motorcycle or outside motorcycle seating places provided for by the design thereof -
shall entail the imposition of an administrative fine in the amount of five hundred to seven hundred roubles.
Article 12.24. Violation of Traffic Rules or Rules for Operation of a Transport Vehicle Entailing the Infliction of Slight or a Medium-Severity Harm to the Health of the
Victim 1. Violation of Traffic Rules or rules for the operation of a transport vehicle entailing the
infliction of slight harm to the health of the victim - shall entail the imposition of an administrative fine in the amount of one thousand to one
thousand five hundred roubles or deprivation of the right to drive transport vehicles for a term of one year to a year and a half.
2. Violation of Traffic Rules or rules for the operation of a transport vehicle entailing the infliction of medium-severity harm to the health of the victim -
shall entail the imposition of an administrative fine in the amount of two thousand to two thousand five hundred roubles or deprivation of the right to drive transport vehicles for a term of a year and a half to two years.
Notes: 1. By infliction of sight harm to health should be understood a short-term impairment of
health or an insignificant lasting loss of general ability to work. 2. By infliction of medium-severity harm to health should be understood a long-term
impairment of health that is not dangerous to life, or a significant lasting loss of general ability to work by less than a third.
Article 12.25. Failure to Meet the Requirement to Provide a Transport Vehicle or to Stop a Transport Vehicle
1. Failure to meet a requirement to provide a transport vehicle to police officers or other persons, who are entitled to use transport vehicles in the cases, provided by the laws,-
shall entail the imposition of an administrative fine in the amount of one hundred to two hundred roubles.
2. Failure to meet the lawful requirement of a police officer to stop a transport vehicle - shall entail the imposition of an administrative fine in the amount of two hundred to five
hundred roubles.
3. Non-fulfilment of a lawful demand of an official of the military motor inspectorate to stop a transport vehicle of the Armed Forces of the Russian Federation, internal troops of the Ministry of Internal Affairs of the Russian Federation, engineering-and-technical, road-building military formations under the federal bodies of executive power or rescue military formations of the federal body of executive power authorised to resolve tasks in the field of civil defence -
shall entail a warning or imposition of an administrative fine in the size of two hundred to five hundred roubles.
Article 12.26. Non-fulfilment by the Driver the Demand to Take a Medical Examination in Respect of Alcoholic Intoxication
1. Non-fulfilment by a driver of a lawful demand of a police official for undergoing a medical examination for a state of intoxication or non-fulfilment by a driver of a transport vehicle of the Armed Forces of the Russian Federation, internal troops of the Ministry of Internal Affairs of the Russian Federation, engineering-and-technical, road-building military formations under the federal bodies of executive power or rescue military formations of the federal body of executive power authorised to resolve tasks in the field of civil defence, a lawful demand of an official of the military motor inspectorate for undergoing a medical examination for a state of intoxication -
shall entail deprivation of the right to drive transport vehicles for a term a year and a half up to two years.
2. Non-fulfilment by a driver not having or deprived of the right to drive transport vehicles of a lawful demand of a police official for undergoing a medical examination for a state of intoxication or non-fulfilment by a driver not having or deprived of the right to drive transport vehicles of a transport vehicle of the Armed Forces of the Russian Federation, internal troops of the Ministry of Internal Affairs of the Russian Federation, engineering-and-technical, road- building military formations under the federal bodies of executive power or rescue military formations of the federal body of executive power authorised to resolve tasks in the field of civil defence a lawful demand of an official of the military motor inspectorate for undergoing a medical examination for a state of intoxication -
shall entail administrative arrest for a term of up to fifteen days or imposition of an administrative fine upon persons, in respect of which an administrative arrest may not be applied in cinformity with this Code, in the amount of five thousand roubles.
Article 12.27. Failure to Carry Out Duties in Connection with a Road Accident 1. Failure of a driver to carry out the duties, provided for by Traffic Regulations, in
connection with a road accident, of which he is a participant, safe for the cases provided for by Part 2 of this Article -
shall entail the imposition of an administrative fine in the amount of one thousand roubles.
2. Desertion by a drive, in violation of the Traffic Regulations, of the scene of a road accident, of which he is a participant -
shall entail a deprivation of the right to drive transport vehicles for a term of from one year to a year and a half, or administrative arrest for a term of up to fifteen days.
3. Non-fulfilment of the requirement of the Traffic Regulations to forbid a driver to drink alcoholic beverages, to take narcotics or psychotropic substances after a road traffic accident in which he has participated or after the transport vehicle was stopped by demand of a road police officer before conducting by an authorized official a medical examination for intoxication or before rendering by the authorized official a decision to release him/her from such examination -
shall entail deprivation of the right to drive transport vehicles for a term of from a year and a half to two years.
Federal Law No. 69-FZ of April 21, 2011 amended Article 12.28 of this Code. The amendments shall enter into force from July 1, 2012
Article 12.28. Violating the Rules Established for the Movement of Transport Vehicles in Built-Up Areas
Violating the rules established for the traffic of transport vehicles in built-up areas - shall entail the imposition of an administrative fine equal to five hundred roubles.
Article 12.29. Violating the Traffic Regulations by a Pedestrian or by Any Other Person Participating in Road Traffic
1. Violation by a pedestrian or by a passenger of a transport vehicle of the Traffic Regulations -
shall entail a warning or the imposition of an administrative fine in the amount of five hundred to seven hundred roubles.
2. Violation of the Traffic Regulations by a person driving a motorized bicycle or a bicycle, or by a carter, or by any other person directly participating in road traffic (save for the persons cited in Part 1 of this Article, as well as for the driver of a mechanical transport vehicle) -
shall entail a warning or the imposition of an administrative fine in the amount of five
hundred to seven hundred roubles. 3. Violation of the Traffic Regulations by the persons, specified in Part 2 of this Article, in
a state of alcoholic intoxication - shall entail the imposition of an administrative fine in the amount of three hundred to five
hundred roubles.
Article 12.30. Violation of the Traffic Regulations by a Pedestrian or by Any Other Road Traffic Participant, Impeding Transport Vehicle Traffic or Causing Minor or Medium-Gravity Damage to the Health of the Victim Thereof
1. A violation of the Traffic Regulations by a pedestrian, by a passenger of a transport vehicle or by any other road traffic participant (safe for the driver of a transport vehicle), impeding transport vehicle traffic -
shall entail the imposition of an administrative fine equal to three hundred roubles. 2. A violation of the Traffic Regulations by a pedestrian , by a passenger of a transport
vehicle or by any other road traffic participant (safe for the driver of a transport vehicle) causing minor or medium-gravity damage to the health of the victim thereof by negligence -
shall entail the imposition of an administrative fine in the amount of one thousand to one thousand five hundred roubles.
Article 12.31. Allowing Operation of a Transport Vehicle Which Is Not Registered in the Established Procedure, Failed to Pass the State Technical Inspection or the Technical Inspection, with the Devices for Producing Special Light or Sound Signals, which were Set Without a Permit, or with Illegally Plotted Special Colour-Graphic Schemes in the Cars of Operational Services, or the Registration Plates of Which Are Known to Be False, or Which Has Defects Making Its Operation Impermissible
1. Allowing operation of a transport vehicle which is not registered in the established procedure or which has not passed a state technical inspection or the technical inspection -
shall entail the imposition of an administrative fine on the officials, responsible for the technical condition and operation of transport vehicles, in the amount of five hundred roubles.
2. Allowing operation of a transport vehicle, which has defects making its operation impermissible, or which has been re-equipped without appropriate authorization -
shall entail the imposition of an administrative fine on the officials, responsible for the technical condition and operation of transport vehicles, in the amount of five hundred to one thousand roubles.
3. The operation of a transport vehicle outside a garage with deliberately forged state registration plates or with light devices set on its front part with red lights or red cat's eyes, and also with light devices, whose colour and routine of work do not meet the requirements of the Basic Regulations for the Admission of Transport Vehicles to Operation and for the Duties of Officials to Safeguard Road Traffic Safety -
shall involve the imposition of the administrative fine on the officials responsible for the technical condition and the operation of motor transport vehicles in the amount of fifteen thousand to twenty thousand roubles.
4. The operation of a motor transport vehicle outside a garage with the devices producing special light or sound signals set on it without a relevant permit (with the exception of alarm signalling), and also with special colour-graphic schemes of the cars of operational services which are illegally plotted on its exterior surfaces -
shall involve the imposition of the administrative fine on the officials responsible for the technical condition and the operation of transport vehicles in the amount of twenty thousand
roubles.
Article 12.32. Allowing a Driver, Who Is in a State of Alcoholic Intoxication or Has No Right to Operate a Transport Vehicle, to Drive a Transport Vehicle
Allowing a driver, who is in a state of alcoholic intoxication or has no right to operate a transport vehicle, to drive a transport vehicle -
shall entail the imposition of an administrative fine on the officials, responsible for the technical condition and operation of technical vehicles, in the amount of twenty thousand roubles.
Article 12.33. Damaging Roads, Railway Crossings or Other Road Structures Damaging roads, railway crossings or other road structures, or technical means of
organszing road traffic which poses a safety hazard, as well as willfully impeding road traffic, including the contamination of road surfacing -
shall entail imposition of an administrative fine on individuals in the amount of one thousand five hundred roubles, upon officials in the amount of five thousand roubles and upon legal entities in the amount of two hundred thousand roubles.
Article 12.34. Failing to Satisfy the Requirements for Ensuring Safe Road Traffic While Repairing and Maintaining Motor Roads, Railway Crossings or Other Road Structures
Failure to satisfy the requirements for ensuring safety of road traffic while repairing and maintaining motor roads, railway crossings or other road structures or failure to take measures aimed at the removal in due time of obstacles for road traffic, at prohibition or limitation of road traffic at some road sections, if the use of road sections poses danger to safe road traffic -
shall entail the imposition of an administrative fine on the officials, responsible for the condition of roads, railway crossings or of other road structures, in the amount of two thousand to three thousand roubles, and on legal entities in the amount of twenty thousand to thirty thousand roubles.
Article 12.35. Unlawful Limitation of the Rights to Drive a Transport Vehicle or to Operate It
Taking measures in respect of owners or drivers, or other road traffic participants, aimed at limitation of the rights to drive a transport vehicle or to operate it, which are not provided for by federal law -
shall entail the imposition of an administrative fine on citizens in the amount of two thousand roubles, and on officials in the amount of twenty thousand roubles.
Article 12.36. Abrogated. Article 12.36.1. Violating the Rules for Using a Telephone Set by the Driver of a Trasport
Vehicle Using by the driver while driving a transport vehicle a telephone set which is not
equipped with a technical device making it possible to communicate by the telephone with the hands being free -
shall entail a warning or imposition of an administrative fine in the amount of three hundred roubles.
Article 12.37. Failure to Meet the Requirements Concerning Insurance of Civil Liability of Transport Vehicles' Owners
1. Driving a transport vehicle within the period of using it, which is not provided for by a
policy of compulsory insurance of civil liability of transport vehicles' owners, as well as driving a transport vehicle in contravention of the condition, provided for by this insurance policy that this transport vehicle may be only driven by the persons indicated in this insurance policy -
shall entail the imposition of an administrative fine in the amount of three hundred roubles.
2. Failure of a transport vehicle's owner to discharge his duty concerning the insurance of his civil liability established by federal law, as well as driving a transport vehicle, where such compulsory insurance has not been willfully carried out -
shall entail the imposition of an administrative fine in the amount of five hundred to eight hundred roubles.
Chapter 13. Administrative Offences in the Area of Communications and Information
Article 13.1. Abrogated upon the expiry of ninety days from the day of the official publication of Federal Law No. 380-FZ of December 28, 2009.
Article 13.2. Unauthorized Connection of Terminal Equipment to an Electric Communication Network
Connecting terminal equipment to an electric communication network without a special permission -
shall entail a warning or the imposition of an administrative fine on citizens in the amount of three hundred to five hundred roubles with or without confiscation of the terminal equipment; on officials in the amount of five hundred to one thousand roubles with or without confiscation of the terminal equipment; and on legal entities in the amount of five thousand to ten thousand roubles with or without confiscation of the terminal equipment.
Article 13.3. Unauthorized Designing, Constructing, Producing, Acquiring, Installing or Operating Radio Electronic and (or) High Frequency Devices
Designing, constructing, producing, acquiring, installing or operating radio electronic and (or) high frequency devices without a special permission (license), where such permission (such license) is obligatory -
shall entail the imposition of an administrative fine on citizens in the amount of five hundred to one thousand roubles with or without confiscation of the radio electronic and (or) high frequency devices; on officials in the amount of one thousand to two thousand roubles with or without confiscation of the radio electronic and (or) high frequency devices; and on legal entities in the amount of ten thousand to twenty thousand roubles with or without confiscation of the radio electronic and (or) high frequency devices.
Notes: 1. Radio electronic devices in this Article and in Article 13.4. of this Code mean technical
facilities, which consist of one or several radio transmitting or radio receiving devices, or of their combination, and of auxiliary equipment, and which are intended for transmitting or receiving radio waves.
2. High frequency devices mean equipment or instruments intended for generating, and local use of, radio-frequency power for industrial, scientific, medical, household and other purposes, safe for using in electric communications.
3. The use of radio electronic and (or) high frequency devices intended for individual reception of radio and television broadcasts, as well as for using household electronic appliances which do not contain radio emitting devices, shall not be administratively punishable.
Article 13.4. Violating the Rules on Designing, Constructing, Installing, Registering or Operating Radio Electronic and (or) High Frequency Devices
1. Violating the rules on designing, constructing, installing or registering radio electronic and (or) high frequency devices -
shall entail a warning or the imposition of an administrative fine on citizens in the amount of one hundred to three hundred roubles with or without confiscation of the radio electronic aids and (or) high frequency devices; on officials in the amount of three hundred to five hundred roubles; and on legal entities in the amount of three thousand to five thousand roubles with or without confiscation of the radio electronic and (or) high frequency devices.
2. Violating the rules for operating radio electronic and (or) high frequency devices (except for cases when such rules are contained in technical regulations), the rules for exchanging radio traffic or using radio frequencies, or failure to observe state standards, norms or parameters of radio emission authorized in the established procedure -
shall entail a warning or an imposition of an administrative fine upon citizens in the amount of three hundred to five hundred roubles with the confiscation of radioelectronic appliances and (or) of high-frequency devices or without such; upon official persons - from five hundred to one thousand roubles; upon the persons engaged in business activity without creating a legal entity - from five hundred to one thousand roubles with the confiscation of radioelectronic appliances and (or) of high-frequency devices or without such, or an administrative suspension of the activity for a term of up to ninety days with the confiscation of radioelectronic appliances and (or) of high-frequency devices or without such; upon legal entities - from five thousand to ten thousand roubles with the confiscation of radioelectronic appliances and (or) of high-frequency devices or without such, or an administrative suspension of the activity for a term of up to ninety days with the confiscation of radioelectronic appliances and (or) of high-frequency devices or without such.
Article 13.5. Violating the Rules on Protecting Communication Lines or Structures 1. A violation of the rules on protecting communication lines or structures, when this
violation has not caused a communication blackout- shall entail a warning or the imposition of an administrative fine on citizens in the amount
of one hundred to three hundred roubles, on officials in the amount of three hundred to five hundred roubles, and on legal entities in the amount of three thousand to five thousand roubles.
2. A violation of the rules on protecting communication lines and structures, when this violation has caused a communication black out -
shall entail the imposition of an administrative fine on citizens in the amount of five hundred to one thousand roubles, on officials in the amount of one thousand to two thousand roubles, and on legal entities in the amount of ten thousand to twenty thousand roubles.
Federal Law No. 424-FZ of December 8, 2011 amended part 3 of Article 13.5 of this Code
3. Breach of the rules for protecting communication lines or installations, if such breach has caused damage to communication lines or installations intended for the needs of governmental bodies, for the needs of defence, security and law and order, -
shall entail the imposition of an administrative fine on citizens in the amount of one thousand five hundred to two thousand roubles, on officials in the amount of three thousand to four thousand roubles, and on legal entities in the amount of thirty thousand to forty thousand roubles.
Federal Law No. 424-FZ of December 8, 2011 amended part 4 of Article 13.5 of this
Code 4. Failure of officials to meet the requirements of normative documents regarding regular
operation of transmission lines, channel circuits and channels provided for the needs of governmental bodies, defence, security and the protection of law and order-
shall entail the imposition of an administrative fine in the amount of two thousand to three thousand roubles.
Article 13.6. Using Uncertified Communication Means or Rendering Uncertified Communication Services
Using uncertified communication means in communication networks or rendering uncertified communication services, where obligatory certification thereof is provided for by law -
shall entail the imposition of an administrative fine on citizens in the amount of one thousand five hundred to two thousand roubles with or without confiscation of the uncertified communication means; on officials in the amount of three thousand to four thousand roubles with or without confiscation of the uncertified communication means; and on legal entities in the amount of thirty thousand to forty thousand roubles with or without confiscation of the uncertified communication means.
Article 13.7. Failure to Observe the Established Rules and Norms Regulating the Procedure for Designing, Constructing and Operating Communication Networks and Structures
Failure to observe the established rules and norms regulating the procedure for designing, constructing and operating communication networks and structures -
shall entail the imposition of an administrative fine on citizens in the amount of five hundred to one thousand roubles; on officials in the amount of one thousand to two thousand roubles; on the persons engaged in business activity without creating a legal entity - from one thousand to two thousand roubles or an administrative suspension of the activity for a term of up to ninety days; on legal entities in the amount of ten thousand to twenty thousand roubles or an administrative suspension of the activity for a term of up to ninety days.
Article 13.8. Production, Sale or Operation of Technical Facilities That Do Not Comply with the Standards and Norms Regulating Admissible Levels of Industrial Radio Interference
Production, sale or operation of technical facilities that do not comply with the appropriate standards or norms regulating admissible levels of industrial radio interference (except for cases when such norms are contained in technical regulations) -
shall entail a warning or imposition of an administrative fine on citizens in the amount of one hundred to three hundred roubles with or without confiscation of the technical facilities; on officials in the amount of three hundred to five hundred roubles with or without confiscation of the technical facilities; and on legal entities in the amount of three thousand to five thousand roubles with or without confiscation of the technical facilities.
Note. Technical facilities in this Article mean articles, equipment, apparatus and (or) integral parts thereof, operating on the basis of principles of electric engineering, radio engineering and (or) electronics and containing electronic components and (or) circuits.
Article 13.9. Unauthorized Construction or Operation of Communication Structures Construction or operation of communication structures without special permission - shall entail the imposition of an administrative fine on citizens in the amount of five
hundred to one thousand roubles, on officials in the amount of one thousand to two thousand roubles, and on legal entities in the amount of ten thousand to twenty thousand roubles.
Article 13.10. Producing for the Purpose of Sale, or Sale of, State Postage Marks and International Return Coupons, Known to Be False, or Using Plates for Postage Pre-Payment Machines, Postal Marks and Other Nominal Articles, Known to Be False
1. Producing for the purpose of sale, or sale of, state postage marks and international return coupons known to be false-
shall entail the imposition of an administrative fine on citizens in the amount of one thousand five hundred to two thousand roubles accompanied by confiscation of the equipment for producing false state postage marks or international return coupons; on officials in the amount of three thousand to four thousand roubles accompanied by confiscation of the equipment for producing false state postage marks or international return coupons, and on legal entities in the amount of thirty thousand to forty thousand roubles accompanied by confiscation of the equipment for producing false state postage marks or international return coupons.
2. Using plates for postage pre-payment machines, postal marks or other nominal articles known to be false -
shall entail the imposition of an administrative fine on citizens in the amount of one thousand to one thousand five hundred roubles accompanied by confiscation of the equipment for producing false plates for postage pre-payment machines, postal marks or other nominal articles; on officials in the amount of two thousand to three thousand roubles accompanied by confiscation of the equipment for producing false plates for postage pre-payment machines, postal marks or other nominal articles; and on legal entities in the amount of twenty thousand to thirty thousand roubles accompanied by confiscation of the equipment for producing false plates for postage pre-payment machines, postal marks or other nominal articles.
Article 13.11. Violating the Procedure for Collecting, Keeping, Using or Disseminating Information about Citizens (Personal Data) Established by Law
Violating the procedure for collecting, keeping, using or disseminating information about citizens (personal data) -
shall entail a warning or the imposition of an administrative fine on citizens in the amount of three hundred to five hundred roubles, on officials in the amount of five hundred to one thousand roubles, and on legal entities in the amount of five thousand to ten thousand roubles.
Article 13.12. Violating the Rules on Protecting Information 1. Violating the terms and conditions stipulated by a license for exercising activities in the
area of information protection (safe for information constituting a state secret) - shall entail the imposition of an administrative fine on citizens in the amount of three
hundred to five hundred roubles, on officials in the amount of five hundred to one thousand roubles, and on legal entities in the amount of five thousand to ten thousand roubles.
2. Using uncertified information systems, data bases and data banks, as well as uncertified means of information protection, where they are subject to obligatory certification (except for the means of information protection constituting a state secret) -
shall entail the imposition of an administrative fine on citizens in the amount of five hundred to one thousand roubles with or without confiscation of uncertified means of information protection; on officials in the amount of one thousand to two thousand roubles; and on legal entities in the amount of ten thousand to twenty thousand roubles with or without confiscation of uncertified means of information protection.
3. Violating the terms and conditions, stipulated by a license for conducting works connected with the use and protection of information constituting a state secret, or with production of means intended for protecting information constituting a state secret, or with
taking measures and (or) rendering services concerning protection of information constituting a state secret -
shall entail the imposition of an administrative fine on officials in the amount of two thousand to three thousand roubles; and on legal entities in the amount of fifteen thousand to twenty thousand roubles.
4. Using uncertified means intended for protection of information constituting a state secret -
shall entail the imposition of an administrative fine on officials in the amount of three thousand to four thousand roubles, and on legal entities in the amount of twenty thousand to thirty thousand roubles with or without confiscation of the uncertified means intended for protection of information constituting state secret.
5. A gross violation of the terms provided for by a licence for exercising activities in the area of information protection (except for the information constituting state secrets) -
shall entail the imposition of an administrative fine on the persons exercising business activities without forming a legal entity in the amount of one thousand to one thousand five hundred roubles or the administrative suspension of their activities for a term up to ninety days; on officials in the amount of one thousand to one thousand five hundred roubles and on legal entities in the amount of ten thousand to fifteen thousand roubles or the administrative suspension of activities for a term up to ninety days.
Note. The concept of a gross violation shall be defined by the Government of the Russian Federation in respect of each specific type of activity to be licenced.
Article 13.13. Unlawful Activities in the Area of Information Protection 1. Engagement in activities in the area of information protection (safe for the information
constituting a state secret) without obtaining special permission (license) in the established procedure, where such permission (license) is obligatory under federal law -
shall entail the imposition of an administrative fine on citizens in the amount of five hundred to one thousand roubles with or without confiscation of the means of information protection; on officials in the amount of two thousand to three thousand roubles with or without confiscation of the means of information protection; and on legal entities in the amount of ten thousand to twenty thousand roubles with or without confiscation of the means of information protection.
2. Engagement in activities connected with the use and protection of information constituting a state secret, or with the production of means intended for protection of information constituting a state secret, or with taking measures and (or) rendering services in order to protect state secrets, without a license -
shall entail the imposition of an administrative fine on officials in the amount of four thousand to five thousand roubles, and on legal entities in the amount of thirty thousand to forty thousand roubles with or without confiscation of the means of protecting information constituting a state secret produced in the absence of a license.
Article 13.14. Disclosing Limited Access Information Disclosing information, to which access is limited by federal law (safe for the cases when
disclosure of such information is criminally punishable), by a person who has access to such information in connection with the performance of official or professional duties, except for the cases stipulated by Item 1 of Article 14.33 of this Code,
shall entail the imposition of an administrative fine on citizens in the amount of five hundred to one thousand roubles, and on officials in the amount of four thousand to five thousand roubles.
Article 13.15. Abusing Freedom of Mass Information 1. Producing and (or) broadcasting television, video and film programs, or documentary
and feature films, as well as informational computer files and programs for processing informational texts which pertain to special mass media and contain hidden insertions affecting the human subconscious and (or) harmfully influencing people's health -
shall entail the imposition of an administrative fine on citizens in the amount of two thousand to two thousand five hundred roubles accompanied by confiscation of the subject of the administrative offence; on officials in the amount of four thousand to five thousand roubles accompanied by confiscation of the subject of the administrative offence; and on legal entities in the amount of forty thousand to fifty thousand roubles accompanied by confiscation of the subject of the administrative offence.
2. Dissemination of information about a public association or other organisation included into a published list of social and religious associations in respect of which a court of law has rendered an effective decision to liquidate it or to prohibit the activities thereof for the reasons provided for by Federal Law No. 114-FZ of July 25, 2002 on Opposition to Extremist Activities without specifying that an appropriate public association or other organisation are liquidated or that their activities are prohibited -
shall entail the imposition of an administrative fine on citizens in the amount of two thousand to two thousand five hundred roubles accompanied by confiscation of the subject of the administrative offence; on officials in the amount of four thousand to five thousand roubles accompanied by confiscation of the subject of the administrative offence; and on legal entities in the amount of forty thousand to fifty thousand roubles accompanied by confiscation of the subject of the administrative offence.
Article 13.16. Impeding Dissemination of Mass Media Products Impeding lawful dissemination of mass media products or imposing unlawful limitations
on retail sale of an edition of a periodical - shall entail the imposition of an administrative fine on citizens in the amount of three
hundred to five hundred roubles, on officials in the amount of five hundred to one thousand roubles, and on legal entities in the amount of five thousand to ten thousand roubles.
Article 13.17. Violating the Rules on Disseminating Obligatory Information Violating the rules on disseminating obligatory information - shall entail the imposition of an administrative fine on citizens in the amount of one
hundred to three hundred roubles, on officials in the amount of three hundred to five hundred roubles, and on legal entities in the amount of three thousand to five thousand roubles.
Article 13.18. Impeding Steady Reception of Radio and Television Broadcasts Impeding steady reception of radio and television broadcasts by causing artificial
interference - shall entail the imposition of an administrative fine on citizens in the amount of five
hundred to one thousand roubles, on officials in the amount of one thousand to two thousand roubles, and on legal entities in the amount of ten thousand to twenty thousand roubles.
Article 13.19. Violating a Procedure for Submitting Statistical Information Violation by an official, responsible for submission of statistical information which is
necessary for the exercise of state statistical supervision, of the procedure for submission thereof, as well as submission unreliable statistical information -
shall entail the imposition of an administrative fine in the amount of three thousand to five thousand roubles.
Article 13.20. Violating the Rules on Keeping,Completing,Registering or Using Archival Materials
Violating the rules on keeping, completing, registering or using archival materials, except as provided for by Article 13.25 of this Code. -
shall entail a warning or the imposition of an administrative fine on citizens in the amount of one hundred to three hundred roubles, and on officials in the amount of three hundred to five hundred roubles.
Article 13.21. Violating the Procedure for Producing and Disseminating Mass Media Products
Producing and disseminating unregistered mass media products, or mass media products which have not been reregistered, as well as producing or disseminating such products after the decision to terminate or suspend the issuance of the mass medium in the established procedure -
shall entail the imposition of an administrative fine on citizens in the amount of one thousand to one thousand five hundred roubles accompanied by confiscation of the subject of the administrative offence; on officials in the amount of two thousand to three thousand roubles accompanied by confiscation of the subject of the administrative offence, and on legal entities in the amount of twenty thousand to thirty thousand roubles accompanied by confiscation of the subject of the administrative offence.
Article 13.22. Violating the Procedure for Announcing Publishers Details Issuing (producing) or disseminating mass media products without indicating the
publishers details thereof in the established procedure, as well as indicating incomplete details or details known to be false -
shall entail a warning or the imposition of an administrative fine on citizens in the amount of three hundred to five hundred roubles with or without confiscation of the mass media products; on officials in the amount of five hundred to one thousand roubles with or without confiscation of the mass media products; and on legal entities in the amount of five thousand to ten thousand roubles with or without confiscation of the mass media products.
Article 13.23. Violating the Procedure for Obligatory Submission of Copies of Documents, of Notifications in Writing, of Statutes and Agreements
Violating the procedure for obligatory submission of copies of documents, of notifications in writing, of statutes of editorial offices or of agreements made instead of them, as well as the procedure for keeping materials of television and radio broadcasts -
shall entail the imposition of an administrative fine on citizens in the amount of two hundred to five hundred roubles, on officials in the amount of one thousand to two thousand roubles, and on legal entities in the amount of ten thousand to twenty thousand roubles.
Article 13.24. Damaging Public Telephones Damaging public telephones - shall entail the imposition of an administrative fine in the amount of five hundred to one
thousand roubles.
Article 13.25. Failure to Satisfy the Requirements of the Legislation on Document Custody
1. Failure of a joint-stock company, a professional participant in the securities market, the management company of a joint-stock investment fund, unit investment fund or non-
governmental pension fund or of the specialized custodian of a joint-stock investment fund, unit investment fund or non-governmental pension fund to discharge the duty of keeping the documents that are provided for by the legislation on joint-stock companies, on the securities market, on investment funds and by the regulatory legal acts adopted in compliance with it and whose custody is obligatory, as well as breaking of the established procedure for and terms of keeping such documents -
shall entail the imposition of an administrative fine on officials in the amount from two thousand five hundred to five thousand roubles and on legal entities in the amount from two hundred thousand to three hundred thousand roubles.
2. Failure of a limited (additional) liability company or of a unitary enterprise to discharge the duty of keeping the documents which are provided for by the legislation on limited liability companies, on state and municipal unitary enterprises, as well as by the regulatory legal acts adopted in compliance with them, and whose custody is obligatory, as well as breaking of the established procedure for and terms of such documents' custody-
shall entail the imposition of an administrative fine on officials of from two thousand five hundred to five thousand roubles and on legal entities of from two hundred thousand to three hundred thousand roubles.
Article 13.26. Violation of the Periods and/or Procedure for the Delivery (Handing over) of a Judicial Summons to the Addressee
A violation by the postal-communication operator of the rules for rendering postal- communication services with respect to the periods and/or procedure for the delivery (handing over) of judicial summons to the addressee, including untimely information of the court about the delivery (handing over) of a forensic judicial summons or about the impossibility of its delivery (handing over) to the addressee -
shall entail the imposition of an administrative fine on officials of five hundred to one thousand roubles; on legal entities - five thousand to ten thousand roubles.
Article 13.27. Failure to Satisfy the Requirements for Arranging Access to Information about the Activities of State Bodies and Local Authorities and for Posting It on the Internet
1. A failure to satisfy the requirements for technological, software and linguistic means enabling the use of official sites of state bodies and local authorities -
shall entail the imposition of an administrative fine on officials in the amount of three thousand to five thousand roubles.
2. A failure to post on the Internet information about the activities of state bodies and local authorities where the duty to post such information on the Internet is established by federal law -
shall entail the imposition of an administrative fine on officials in the amount of three thousand to five thousand roubles.
Article 13.28. Violating the Procedure for Supplying Information about the Activities of State Bodies and Local Authorities
1. Violating the procedure for supplying information about the activities of state bodies and local authorities containing restricted data -
shall entail the imposition of an administrative fine on officials in the amount of three thousand to five thousand roubles.
2. Unlawful collection of payment for supplying information about the activities of state bodies and local authorities or violation of the procedure for collecting payment for supplying
information about the activities of state bodies and local authorities, where such payment is established by federal law -
shall entail the imposition of an administrative fine on officials in the amount of three thousand to five thousand roubles.
Chapter 14. Administrative Offences in Business
On the application of Chapter 14 of this Code, see Resolution of the Plenary Session of the Supreme Court of the Russian Federation No. 18 of October 24, 2006
Article 14.1. Engaging in Business Activities without State Registration Thereof or without a Special Permit (License)
1. Engaging in business activities without state registration as an individual businessman or without state registration as a legal entity -
shall entail the imposition of an administrative fine in the amount of five hundred to two thousand roubles.
2. Engaging in business activities without a special permit (license), where such permit (license) is obligatory
shall entail the imposition of an administrative fine on citizens in the amount of two thousand to two thousand five hundred roubles with or without confiscation of products, instruments of production and raw materials; on officials in the amount of four thousand to five thousand roubles with or without confiscation of products, means of production and raw materials; and on legal entities in the amount of forty thousand to fifty thousand roubles accompanied by confiscation of products, means of production and raw materials.
3. Engaging in business activities in violation of the terms and conditions provided for by a special permit (license) -
shall entail the imposition of an administrative fine on citizens in the amount of one thousand five hundred to two thousand roubles, on officials in the amount of three thousand to four thousand roubles, and on legal entities in the amount of thirty thousand to forty thousand roubles.
4. Exercising business activities accompanied by a gross violation of the terms provided for by a special permit (licence) -
shall entail the imposition of an administrative fine on the persons exercising business activities without forming a legal entity in the amount of four thousand to five thousand roubles or the administrative suspension of their activities for a term up to ninety days; on officials in the amount of four thousand to five thousand roubles and on legal entities in the amount of forty thousand to fifty thousand roubles or the administrative suspension of activities for a term up to ninety days.
Note. The concept of a gross violation shall be defined by the Government of the Russian Federation in respect of each specific type of activity to be licenced.
Article 14.1.1. Illegal Organising and Conducting Games of Chance 1. Organising and (or) conducting games of chance with the use of the games equipment
outside the games zone, or with the use of the information-telecommunication networks, including the Internet, as well as of the means of communication, including the mobile communication, -
- entails imposition of an administrative fine upon citizens in an amount of from three thousand to five thousand roubles with the confiscation of the games equipment; upon officials -
from thirty thousand to fifty thousand roubles with the confiscation of the games equipment; upon legal entities - from seven hundred thousand to one million roubles with the confiscation of the games equipment.
2. Organising and (or) conducting games of chance without a permit for the performance of an activity involved in organising and conducting games of chance in the games zone, as well as the performance of an activity, involved in organising and conducitng games of chance at bookmaker's offices and with the used of totalisators without a licence,
- entails imposition of an administrative fine upon citizens in an amount of from two thousand roubles to four thousand roubles with the confiscation of the games equipment; upon officials - from thirty thousand to fifty thousand roubles with the confiscation of the games equipment; upon legal entities - from five hundred thousand to eight hundred thousand roubles with the confiscation of the games equipment.
3. Performance of an activity on organising and conducting games of chance in the games zone with a violation of the terms, stipulated in a permit for the performance of an activity on organising and conducting games of chance in the games zone, the same as the performance of an activity on organising and conducting games of chance at bookmaker's offices and with the use of totalisators with a violation of the terms, envisaged in the licence, -
- entails imposition of an administrative fine upon legal entities in an amount of from three hundred thousand to five hundred thousand roubles.
Article 14.2. Unlawful Sale of Commodities (Other Articles) When Free Sale of Them Is Prohibited or Restricted
Unlawful sale of commodities (other articles) when free sale of them is prohibited or restricted by the laws -
shall entail the imposition of an administrative fine on citizens in the amount of one thousand five hundred to two thousand roubles with or without confiscation of the subjects of the administrative offence; on officials in the amount of three thousand to four thousand roubles with or without confiscation of the subjects of the administrative offence; and on legal entities in the amount of thirty thousand to forty thousand roubles with or without confiscation of the subjects of the administrative offence.
Article 14.3. Violating the Legislation on Advertising 1. Violating by an advertiser, by an advertising producer or by an advertising agent the
legislation on advertising, except as provided for by Parts 2 - 4 of this Article and Articles 14.37, 14.38 and 19.31 of this Code -
shall entail the imposition of an administrative fine on citizens in the amount of two thousand to two thousand five hundred roubles, on officials in the amount of four thousand to twenty thousand roubles, and on legal entities in the amount of one hundred thousand to five hundred thousand roubles.
2. Breaking the procedure for interruption by advertising of a TV- or radio-programme, of a TV- or radio-broadcasting or for combining advertising with a TV programme, exceeding the extent of advertising in TV- and radio-programmes permitted by the legislation on advertising, as well as including advertising in TV- and radio-programmes on the days of mourning declared in the Russian Federation -
shall entail the imposition of an administrative fine on officials in the amount of ten thousand to twenty thousand roubles and on legal entities in the amount of two hundred thousand to five hundred thousand roubles.
3. Exceeding the extent of advertising in periodical prints which is permitted by the legislation on advertising -
shall entail the imposition of an administrative fine on officials in the amount of four
thousand to seven thousand roubles and on legal entities in the amount of forty thousand to one hundred thousand roubles.
4. Interrupting by advertising a film show while rendering cinematographic or video services, as well as combining advertising with a film show, religious TV broadcasting or TV broadcasting lasting less than 15 minutes, with broadcasting agitation materials disseminated in TV programmes and TV broadcastings in compliance with the legislation on elections and referendums by way of "running letters" or in some other way of its overwriting upon the frame of the film, TV programme or TV broadcasting being shown -
shall entail the imposition of an administrative fine on officials in the amount of ten thousand to twenty thousand roubles and on legal entities in the amount of two hundred thousand to five hundred thousand roubles.
Article 14.4. The Sale of Goods, the Performance of Work or the Provision of the Public with Services of Inappropriate Quality or in Breach of the Requirements Established by the Legislation of the Russian Federation
1. The sale of goods which do not conform with specimens in terms of quality, the performance of work or the provision of the public with services which do not meet the requirements set out in normative legal acts establishing the procedure (rules) for performing work or providing services to the public
shall cause the imposition of an administrative fine on citizens at the rate of 1,000 to 2,000 roubles; on officials from 3,000 to 10,000 roubles; on persons pursuing entrepreneurial activities without the formation of a legal entity from 10,000 to 20,000 roubles; on legal entities from 20,000 to 30,000 roubles.
2. A repeated commission within one year of an administrative offence envisaged by Part 1 of the present article -
shall cause the imposition of an administrative fine on citizens at the rate of 2,000 to 5,000 roubles; on officials from 7,000 to 15,000 roubles or disqualification for a term of up to one year; on persons pursuing entrepreneurial activities without the formation of a legal entity from 15,000 to 30,000 with the confiscation of the objects of the administrative offence or without it; on legal entities from 30,000 to 50,000 roubles with the confiscation of the objects of the administrative offence or without it.
Article 14.4.1. Failure to Satisfy the Requirements of the Legislation on the Technical Inspection of Transport Vehicles
1. Accrediting technical inspection operators in defiance of the requirements of the legislation in respect of the technical inspection of transport vehicles -
shall entail the imposition of an administrative fine on officials in the amount of ten thousand to fifteen thousand roubles and on legal entities in the amount of fifty thousand to one hundred thousand rubles.
2. Failure to present data which are required for keeping the comprehensive automated technical inspection system -
shall entail the imposition of an administrative fine on officials in the amount of three thousand to five thousand roubles and on legal entities in the amount of thirty thousand to fifty thousand roubles.
Article 14.5. Selling Commodities, Carrying Out Works or Rendering Services in the Absence of Established Information or Failure to Use Control Registration Machinery Where It Is Provided for by Federal Laws
1. Selling commodities, carrying out works or rendering services by an organization, as
well as by a citizen registered as an individual businessman, in the absence of the established information on the manufacturer (executor or seller) or of other information to be presented without fail under the legislation of the Russian Federation -
shall entail a warning or imposition of an administrative fine on citizens in the amount of one thousand five hundred to two thousand roubles, on officials in the amount of three thousand to four thousand roubles and on legal entities in the amount of thirty thousand to forty thousand roubles.
2. The failure to use, in the instances established by federal laws, of cash registers, or the use of cash registers not meeting the established requirements, or the use of cash registers with violation of the procedure and conditions for their registration and use established by legislation of the Russian Federation, as well as a refusal of issuing, at the request of a buyer (customer) in the instance stipulated by a federal law, of a document (cash-memo, receipt or another document confirming the acceptance of monetary means for the respective commodity (or work, service),-
shall entail a warning or imposition of an administrative fine on citizens in the amount of one thousand five hundred to two thousand roubles, on officials in the amount of three thousand to four thousand roubles and on legal entities in the amount of thirty thousand to forty thousand roubles.
Article 14.6. Violating the Procedure for Price Formation 1. Overstating the state controlled prices (tariffs, rate scales, rates and the like) of
products, goods or services, of price limits (limits of tariffs, rate scales, rates, payment and the like), overstating the surcharges (extra charges) established with regard to prices (tariffs, rate scales, rates and the like), overstating of the maximum retail price of tobacco articles indicated by the manufacturer thereof on each consumer pack (package),-
shall entail the imposition of an administrative fine on citizens in the amount of five thousand roubles, on officials in the amount of fifty thousand ruobles or disqualification for a term up to three years, and on legal entities in the two-fold amount of proceeds from selling commodities (works or services) received in excess as a result of unlawful overstating of state controlled prices for the whole period while an offence was lasting but at most for one year.
2. Understating the state controlled prices (tariffs, rate scales, rates and the like) of products, goods or services, of price limits (limits of tariffs, rate scales, rates and the like), understating the surcharges (extra charges) established with regard to prices (tariffs, rate scales, rates and the like), violation of the established procedure for controlling prices ( tariffs, rate scales, rates and the like), as well as other kinds of violation of the established procedure for price formation -
shall entail the imposition of an administrative fine on citizens in the amount of five thousand roubles, on officials in the amount of fifty thousand ruobles or disqualification for a term up to three years and on legal entities in the amount of one hundred thousand roubles.
3. The liability for breaching this Article by retail trade establishments or by individual businessmen may not be placed upon the manufacturer or supplier of tobacco products.
Article 14.7. Deception of Consumers Cheating in measuring, weighing or counting, or misleading consumers in respect of the
properties and qualities of a commodity (work, service), or cheating consumers in any other way, except for the cases stipulated by Item 1 of Article 14.33 of this Code, in organisations engaged in selling commodities, carrying out works and rendering services, as well as by citizens registered as individual businessmen in the area of trade (services) and also by individuals employed with businessmen, -
shall entail the imposition of an administrative fine on citizens in the amount of one thousand to two thousand roubles, on officials in the amount of one thousand to two thousand roubles, and on legal entities in the amount of ten thousand to twenty thousand roubles.
Article 14.8. Violating Other Consumer Rights
1. Violating the consumer's right to obtain necessary and reliable information about a commodity (work, service) being sold, or about the producer, seller or performer thereof and about their working hours -
shall entail a warning or imposition of an administrative fine on officials in the amount of five hundred to one thousand roubles, and on legal entities in the amount of five thousand to ten thousand roubles.
2. Inclusion in a contract of the terms and conditions infringing consumer rights established by law -
shall entail the imposition of an administrative fine on officials in the amount of one thousand to two thousand roubles, and on legal entities in the amount of ten thousand to twenty thousand roubles.
3. Failure to grant to a consumer privileges and advantages established by law - shall entail the imposition of an administrative fine on officials in the amount of five
hundred to one thousand roubles, and on legal entities in the amount of five thousand to ten thousand roubles.
Article 14.9. The Limitations on Competition Imposed by Governmental Bodies and Local Self-Government Bodies
1. The actions (omissions) of officials of federal executive governmental bodies, executive governmental bodies of subjects of the Russian Federation, local self-government bodies, the other bodies or organisations that carry out the functions of said persons and of state non-budget funds and also the organisations taking part in the provision of state or municipal services, which are inadmissible under the antimonopoly legislation of the Russian Federation and lead or can lead to the prevention, limitation or elimination of competition, and equally, to a limitation on the free movement of goods (works or services), the freedom of economic activities, except for the cases envisaged by Part 3 of Article 14.32 of the present Code -
shall cause the imposition of an administrative fine on the officials at the rate of 15,000 to 30,000 roubles.
2. The actions of the officials mentioned in Part 1 of this Article, which are inadmissible under the antimonopoly legislation of the Russian Federation and lead or can lead to the prevention, limitation or elimination of competition, and equally, to a limitation on the free movement of goods (works or services), the freedom of economic activities, if such officials have been earlier subjected to an administrative penalty for a similar administrative offence -
shall cause the imposition of an administrative fine on the officials at the rate of 30,000 to 50,000 roubles or disqualification for a term of up to three years.
Article 14.10. Unlawful Use of a Trade Mark Unlawful use of another's trade mark, service mark, name of a commodity's place of
origin or markings for the same commodities - shall entail the imposition of an administrative fine on citizens in the amount of one
thousand five hundred to two thousand roubles accompanied by confiscation of the articles bearing an unlawful reproduction of a trade mark, service mark or the name of a commodity's
place of origin; on officials in the amount of ten thousand to twenty thousand roubles accompanied by confiscation of the articles bearing an unlawful reproduction of a trade mark, service mark or the name of a commodity's place of origin; and on legal entities in the amount of thirty to forty thousand roubles accompanied by confiscation of the articles bearing an unlawful reproduction of a trade mark, service mark or the name of a commodity's place of origin.
Article 14.11. Unlawful Obtainment of a Credit Obtaining a credit or obtaining funds on credit under preferential terms by way of
submitting to a bank or to other creditor data about one's economic or financial standing, known to be false -
shall entail the imposition of an administrative fine on citizens in the amount of one thousand to two thousand roubles, on officials in the amount of two thousand to three thousand roubles, and on legal entities in the amount of twenty thousand to thirty thousand roubles.
Article 14.12. Fictitious or Intentional Bankruptcy 1. Fictitious bankruptcy, that is, a wittingly false public declaration by the head or founder
(participant) of a legal entity about the insolvency of this legal entity, or by an individual businessman about his insolvency, if such action does not contain a criminally punishable deed -
shall entail the imposition of an administrative fine upon company officials in the amount from five thousand to ten thousand roubles or disqualification for a term from six months to three years.
2. Intentional bankruptcy, that is, the committing by the head or founder (participant) of a legal entity or by an individual businessman of actions (or their omission to act) knowingly entailing an inability of the legal entity or the individual businessman to satisfy in full creditors' claims under pecuniary obligations and (or) to discharge the duty of making obligatory payments, if such actions (omission to act) do not contain criminally punishable deeds -
shall entail the imposition of an administrative fine on company officials in the amount from five thousand to ten thousand roubles or disqualification for a term from one to three years.
Article 14.13. Wrongful Actions, When Going Bankrupt 1. Concealing property, property rights or property liabilities, or data about property, or
data about the scale and location thereof, or any other information about property, property rights or property liabilities, as well as property transfer to other persons for ownership, alienation or elimination of property, as well as concealment, elimination and falsification of accounting and other registration documents showing economic activities of a legal entity or an individual businessman, if these actions have been committed in the presence of the signs of bankruptcy and do not contain criminally punishable deeds -
shall entail the imposition of an administrative fine on company officials in the amount from five thousand to ten thousand roubles or disqualification for a term from six months to three years.
2. Unlawful satisfaction of property claims of individual creditors at the expense of the property of a debtor legal entity by the head of the legal entity, or the founder (participant) thereof, or by an individual businessman knowingly to the detriment of other creditors, as well as acceptance of such satisfaction by creditors that are aware of the preference given to them to the detriment of other creditors, if these actions are committed in the presence of the signs of bankruptcy and do not contain criminally punishable deeds -
shall entail the imposition of an administrative fine on company officials in the amount from five thousand to ten thousand roubles or disqualification for a term from six months to three years.
3. Failure of an arbitration manager or of the head of the provisional administration of a credit or other financial institution to discharge the duties established by the legislation on insolvency (bankruptcy), if such action (omission to act) does not contain a criminally punishable deed -
shall entail the imposition of an administrative fine upon the arbitration manager or the head of the provisional administration of the credit or other financial institution in an amount from two thousand five hundred to five thousand roubles or disqualification for a term from six months to three years.
4. Unlawful opposition to the activities of an administrator or the provisional administration of a credit or other financial institution, including the avoidance of, or refusal to effect, the transfer to an administrator or to the provisional administration of a credit or other financial institution of the documents required for discharging the duties imposed on them, or of the property possessed by a legal entity in particular by a credit or other financial institution, in the instances when the functions of the head of the legal entity, in particular of the credit or other financial institution, are transferred accordingly to the administrator or to the head of the provisional administration of the credit or other financial institution, if these actions (omission to act) do not contain criminally punishable deeds -
shall entail the imposition of an administrative fine on officials in an amount from forty thousand to fifty thousand roubles or disqualification for a term from six months to one year.
5. Failure of the head of a legal entity or of an individual businessman to carry out the duty of filing an application with an arbitration court for declaring the legal entity or the individual businessman accordingly bankrupt in the instances provided for by the legislation on insolvency (bankruptcy) -
shall entail the imposition of an administrative fine in the amount of five thousand to ten thousand roubles or disqualification for a term from six months to two years.
Article 14.14. Obstructing the Exercise of the Functions of a Provisional Administration by Officials of a Credit or Other Financial Organisation
Obstructing the exercise of the functions of a provisional administration by officials of a credit or other financial organisation -
shall entail the imposition of an administrative fine in the amount of two thousand to three thousand roubles.
Article 14.15. Violating the Rules on Selling Individual Types of Commodities Violating the established rules on selling individual types of commodities - shall entail a warning or imposition of an administrative fine on citizens in the amount of
three hundred to one thousand five hundred roubles, on officials in the amount of one thousand to three thousand roubles, and on legal entities in the amount of ten thousand to thirty thousand roubles.
Article 14.16. Violating the Rules on Selling Ethyl Alcohol, Alcohol Products and Alcohol- Containing Products and Also Beer and Drinks Manufactured on Its Base
1. Retail sale of ethyl alcohol, including drinking ethyl alcohol (except for sale thereof in arctic regions and in those equated with them), or of alcohol-containing products in compliance with pharmacopoeia items (except for the products intended for sale through chemist's shops), or of biologically active flavour-and-aromatic additives containing alcohol, or of wine stock -
shall entail the imposition of an administrative fine on officials in the amount of four thousand to five thousand roubles accompanied by confiscation of ethyl alcohol and alcohol-
containing products; and on legal entities in the amount of forty thousand to fifty thousand roubles accompanied by confiscation of the ethyl alcohol and the alcohol-containing products.
2. Supply or retail sale of alcohol products and alcohol-containing products, in the absence of properly drawn up commodity-transport documents, or of a certificate attached to a cargo customs declaration, or of a copy thereof with original impressions of the previous owner's seals (in respect of imported products), or of a certificate attached to a commodity-and- transport bill of lading (in respect of domestic alcohol products) -
shall entail the imposition of an administrative fine on officials in the amount of four thousand to five thousand roubles accompanied by confiscation of the alcohol products and alcohol-containing products, and on legal entities in the amount of forty thousand to fifty thousand roubles accompanied by confiscation of the alcohol products and alcohol-containing products.
2.1. Retail sale of alcoholic products to a minor if such action does not contain a criminally punishable action -
shall entail an administrative fine on citizens in a size of three thousand to five thousand roubles; on officials - from ten thousand to twenty thousand roubles; on legal entities - from eighty thousand to one hundred thousand roubles.
3. Violating other rules of retail sale of alcohol products - shall entail the imposition of an administrative fine on officials in the amount of three
thousand to four thousand roubles with or without confiscation of the alcohol products and alcohol-containing products; and on legal entities in the amount of thirty thousand to forty thousand roubles with or without confiscation of the alcohol products and alcohol-containing products.
4. Abrogated. Article 14.17. Unlawful Production, Supply or Purchase of Ethyl Alcohol 1. Industrial production of ethyl alcohol in a volume exceeding quotas - shall entail the imposition of an administrative fine on legal entities in the amount of thirty
thousand to one hundred thousand roubles accompanied by confiscation of the ethyl alcohol in the volume exceeding quotas.
2. Supplying ethyl alcohol, produced from all types of raw materials of an organisation, which has no quotas for purchasing ethyl alcohol, or in a volume exceeding the quotas -
shall entail the imposition of an administrative fine on officials in the amount of four thousand to five thousand roubles, and on legal entities in the amount of thirty thousand to one hundred thousand roubles.
3. Purchasing ethyl alcohol, produced from all types of raw materials, by an organisation, which has no quotas for purchasing ethyl alcohol, or in a volume exceeding the quotas -
shall entail the imposition of an administrative fine on officials in the amount of four thousand to five thousand roubles accompanied by confiscation of the ethyl alcohol purchased by an organisation, which has no quotas for purchasing ethyl alcohol, or in the volume exceeding the quotas; and on legal entities in the amount of thirty thousand to eighty thousand roubles accompanied by confiscation of the ethyl alcohol purchased by an organisation which has no quotas for purchasing ethyl alcohol, or in the volume exceeding the quotas.
4. Industrial production or trading in ethyl alcohol, alcohol products and alcohol- containing products in the absence of an appropriate license, or in violation of the terms and conditions provided for by the license -
shall entail the imposition of an administrative fine on legal entities in the amount of fifty thousand to one hundred thousand roubles accompanied by confiscation of the products, of the instruments of production (equipment), of raw materials, of semi-finished products and of other
articles used for production of the ethyl alcohol, alcohol products and alcohol-containing products.
Article 14.18. Using Ethyl Alcohol, Made from Non-Food Raw Materials, and Alcohol- Containing Non-Food Products for Production of Alcohol and Alcohol-Containing Food Products
Using ethyl alcohol, made from non-food raw materials, and alcohol- containing non-food products for production of alcohol and alcohol-containing food products -
shall entail the imposition of an administrative fine on officials in the amount of four thousand to five thousand roubles accompanied by confiscation of the products made; and on legal entities in the amount of eighty thousand to one hundred thousand roubles accompanied by confiscation of the products made.
Article 14.19. Violating the Established Procedure for Registration of Ethyl Alcohol, of Alcohol Products and of Alcohol-Containing Products
Violating the established procedure for registration of ethyl alcohol, of alcohol products and alcohol-containing products during their production and trading in them -
shall entail the imposition of an administrative fine on officials in the amount of three thousand to four thousand roubles, and on legal entities in the amount of seventy thousand to eighty thousand roubles.
Article 14.20. Violating the Legislation on Export Control
1. Making foreign trade transactions regarding commodities, information, works, services or results of intellectual activities (rights thereto), which may be used for producing weapons of mass destruction, or means of delivery thereof, or other types of weapons and military equipment or in preparing and/or committing terrorist acts, and which are under export control, without a special permit (license), where such permit (license) is obligatory, or in defiance of the requirements (conditions or restrictions) established by the permit (license), as well as with the use of a permit (license) obtained unlawfully or by submission of documents containing unreliable information, except for the cases provided for by Articles 16.1, 16.3 and 16,19 of this Code -
shall entail the imposition of an administrative fine on citizens, officials and legal entities in the amount of the cost of the commodities, information, works, services or results of intellectual activities which have become the subjects of the administrative offence, with or without confiscation thereof, or shall entail confiscation of the subjects of the administrative offence.
2. Failure to observe the established procedure for registering foreign trade transactions regarding commodities, information, works, services or results of intellectual activities for the purpose of export control, as well as violating the established terms for keeping appropriate registration materials -
shall entail the imposition of an administrative fine on officials in the amount of one thousand to two thousand roubles, and on legal entities in the amount of ten thousand to twenty thousand roubles.
Article 14.21. Abrogated. Article 14.22. Abrogated. Article 14.23. Engaging in the Management of a Legal Entity by a Disqualified Person 1. Engaging in the management of a legal entity by a disqualified person - shall entail the imposition of an administrative fine in the amount of five thousand roubles.
2. Making an agreement (contract) with a disqualified person regarding management of a legal entity, as well as failure to apply the effects of discharging it -
shall entail the imposition of an administrative fine on the legal entity in the amount of up to one hundred thousand roubles.
Article 14.24. Violating Legislation on Commodity Exchanges and Exchange Trade 1. Participation of an exchange employee in exchange deals or establishment by him of
his own brokerage offices, as well as unlawful use by an exchange employee of official information -
shall entail the imposition of an administrative fine on citizens in the amount of one thousand to two thousand five hundred roubles, and on legal entities in the amount of three thousand to five thousand roubles.
2. Unlawful use by a legal entity in its name of the words "exchange" or "commodity exchange", as well as the words and word combinations derived from them -
shall entail the imposition of an administrative fine on legal entities in the amount of forty thousand to fifty thousand roubles.
3. Violation by an exchange of the procedure for informing the exchange members and participants of the exchange trade about previous and forthcoming trade sessions, or for exercising control over price formation, as well as violation by an exchange of the provision of constituent documents regarding the maximum number of exchange members -
shall entail the imposition of an administrative fine on legal entities in the amount of twenty thousand to forty thousand roubles.
Article 14.25. Violating the Legislation on State Registration of Legal Entities by Bodies Engaged in State Registration of Legal Entities
1. Untimely or inaccurate making of entries regarding a legal entity in the State Register of Legal Entities -
shall entail the imposition of an administrative fine on the official, engaged in state registration of legal entities, in the amount of one thousand to two thousand roubles.
2. Unlawful refusal to present, or untimely presentation of, data, contained in the State Register of Legal Entities, to legal entities or persons interested in obtaining such information, except as provided for by Parts 1 and 2 of Article 5.63 of this Code, -
shall entail the imposition of an administrative fine on officials of the bodies, engaged in state registration of legal entities, in the amount of one thousand to two thousand roubles.
3. Non-submission, or untimely submission, or submission of unreliable data about a legal entity to the body engaged in the state registration of legal entities, where submission of such data is provided for by law -
shall entail a warning or the imposition of an administrative fine on citizens in the amount of five thousand roubles.
4. Submission to the body, engaged in state registration of legal entities, of documents containing data known to be false, if such action does not include a criminally punishable deed -
shall entail the imposition of an administrative fine on officials in the amount of five thousand roubles or disqualification for a term of up to three years.
Article 14.26. Violation of the Rules for Handling the Scrap and Waste of Non-Ferrous and Ferrous Metals and for Their Alienation
Violation of the rules for handling the scrap and waste of non-ferrous and ferrous metals (acceptance, accounting, storage, transportation), except the cases stipulated by Article 8.2,
paragraph 2 of Article 8.6 and paragraph 2 of Article 8.31 of this Code, and also for their alienation -
shall entail the imposition of an administrative fine on citizens in an amount of two thousand to two thousand five hundred roubles with or without the confiscation of the objects of the administrative violation; on officials - from four thousand to five thousand roubles with or without the confiscation of the objects of the administrative violation; on juridical persons - from fifty thousand to one hundred thousand roubles with or without the confiscation of the objects of the administrative violation.
Article 14.27. Violation of the Legislation on Lotteries 1. The conducting of a lottery without a permit obtained in the established procedure or
without a notice having been forwarded in the established procedure - shall cause the imposition of an administrative fine on citizens in the amount of two
thousand to two thousand five hundred roubles; on officials four thousand to twenty thousand roubles; on legal entities fifty thousand to five hundred thousand roubles.
2. A late remittance of target deductions from a lottery and also their being used for purposes other than those envisaged by the legislation on lotteries -
shall cause the imposition of an administrative fine on officials in the amount of four thousand to twenty thousand roubles; on legal entities from one hundred thousand to five hundred thousand roubles.
3. A refusal to pay out, transfer or grant a prize and also a breach of the procedure and/or term of the disbursement, transfer or granting of a prize envisaged by the terms of a lottery
shall cause the issuance of a warning or the imposition of an administrative fine on officials in the amount of two thousand to five thousand roubles; on legal entities from fifty thousand to one hundred thousand roubles.
Article 14.28. Failure to Meet the Requirements of the Legislation on the Participation in Share Construction of Apartment Houses and (or) Other Immovable Property Units
1. The raising of a citizen's funds relating to the right of ownership the citizen starts to have in living quarters in a block of flats which as of the time of such fund-raising has not been commissioned in the procedure established by the town-planning legislation, by a person which according to the legislation on participation in the shared construction of blocks of flats and/or other pieces of immovable property has no right to do so and/or which raises citizens' funds in breach of the provisions established by said legislation:
shall cause the imposition of an administrative fine on officials in an amount from 20,000 to 50,000 roubles; on legal entities from 500,000 to 1,000,000 roubles.
2. The builder's publishing in mass media and (or) placing on public information telecommunication networks a project declaration (including the amendments to be introduced thereto) which contains incomplete and (or) unreliable information, the builder's presentation of incomplete and (or) unreliable information, whose publication, placement or presentation is provided for by the laws on participation in share construction of apartment houses and (or) other immovable property units, as well as failing to observe the time limits for publishing and (or) placing the project declaration and amendments to be introduced thereto -
shall cause the imposition of an administrative fine upon officials at the rate of five thousand to fifteen thousand roubles; upon legal entities at the rate of three hundred thousand to four hundred thousand roubles.
3. Failing to present within the established time to the body in charge of control and
supervision in the area of share construction of apartment houses and (or) other immovable property units reporting documents in the instances provided for by the laws on participation in share construction of apartment houses and (or) other immovable property units, as well as presentation of reporting documents containing unreliable information or the filing of statements/reports on an incomplete scope -
shall cause the imposition of an administrative fine on the officials at the rate of five thousand to fifteen thousand roubles; on legal entities at the rate of fifty thousand to two hundred thousand roubles.
4. Default by a person whose activities are relating to the raising of citizens' and legal entities' funds for the purpose of constructing (creating) blocks of flats and/or other pieces of immovable property on the provision when due to the body in charge of control and supervision in the area of shared construction of blocks of flats and/or other pieces of immovable property of the information and/or documents which are required for said control and supervision and are included a list established by governmental bodies of subjects of the Russian Federation, and also the provision of such information and/or documents on an incomplete scope or the provision of unreliable information -
shall cause the imposition of an administrative fine on officials in an amount from 5,000 to 15,000 roubles; on legal entities from 50,000 to 200,000 roubles.
Note. If a person does not observe the requirements applicable to the raising of funds of a citizen relating to the right of ownership the citizen starts to have in living quarters in a block of flats which as of the time when the citizen's funds are raised has not been commissioned in the procedure established by the town-planning legislation the administrative liability established by Part 1 of the present article shall come into being separately in respect of each case when the citizen's funds are raised with no legal ground.
Article 14.29. Unlawful receipt or provision of credit report Unlawful actions in receiving or providing a credit report or information constituting a
credit history and being a part of the credit report, if such actions do not include a criminally punishable deed, -
shall entail the imposition of an administrative fine on citizens in the amount of one thousand to two thousand five hundred roubles; on officials - from two thousand five hundred to five thousand roubles or disqualification for the term of till three years; on legal entities - from thirty thousand to fifty thousand roubles.
Article 14.30. Violation of the Pre-set Procedure For Collection, Storage, Protection and Processing of Data Constituting a Credit History
A credit bureau infringing on the established procedure for collecting, storing, protecting and processing information constituting a credit history, -
shall be subject to an administrative fine on officials in the amount of two thousand five hundred to five thousand roubles; on legal entities - from ten thousand to twenty thousand roubles.
Article 14.31. Abuse of Dominance in a Commodity Market 1. The commission by an economic entity that dominates a commodity market, except for
a natural monopoly entity of the actions deemed abuse of dominance and inadmissible under the anti-monopoly legislation of the Russian Federation, if such actions lead or can lead to an infringement on the interests of other persons/entities, and in this case the result of such actions is not and cannot be the prevention, restriction or elimination of competition, except for the cases envisaged by Article 14.31.1 of the present Code
shall cause the imposition of an administrative fine on officials at a rate from 15,000 to 20,000 roubles; on legal entities from 300,000 to 1,000,000 roubles.
2. The commission by an economic entity that dominates a commodity market of the actions deemed abuse of dominance and inadmissible under the anti-monopoly legislation of the Russian Federation, if the result of such actions is or can be the prevention, restriction or elimination of competition, except for the cases envisaged by Article 14.31.1 of the present Code or the commission by a natural monopoly entity of the actions deemed abuse of dominance and inadmissible under the anti-monopoly legislation of the Russian Federation
shall cause the imposition of an administrative fine on officials at a rate from 20,000 to 50,000 roubles or disqualification for a term of up to three years; on legal entities from one hundredth to 15 hundredths of the sum of offender's proceeds from the sale of commodity (work or service) on whose market the administrative offence has been committed but not exceeding one fiftieth of the aggregate sum of the offender's proceeds from the sale of all commodities (works or services) and not below 100,000 roubles, and if the sum of the offender's sum of proceeds from the sale of the commodity (work or service) on whose market the administrative offence has been committed exceeds 75 per cent of the aggregate sum of the offender's proceeds from the sale of all commodities (works or services) or the administrative offence has been committed on a market of the commodities (works or services) sold at prices (tariffs) regulated in accordance with the legislation of the Russian Federation, at a rate from three thousandths to three hundredths of the sum of the offender's proceeds from the sale of the commodity (work or service) on whose market the administrative offence has been committed but not exceeding one fiftieth of the aggregate sum of the offender's proceeds from the sale of all commodities (works or services) and not below 100,000 roubles.
Notes: 1. For the purposes of the present chapter "proceeds from the sale of commodities
(works or services)" is defined in accordance with Articles 248 and 249 of the Tax Code of the Russian Federation.
2. When an administrative penalty is determined for the administrative offence envisaged by the present article or by Article 14.31.1, 14.31.2 or 14.33 of the present Code one shall take into account the circumstances alleviating administrative liability as envisaged by Items 2-7 of Part 1 of Article 4.2 of the present Code.
3. When an administrative penalty is determined for the administrative offence envisaged by the present article or Article 14.31.1, 14.31.2 or 14.33 of the present Code in respect of a legal entity one shall take into account the circumstances aggravating administrative liability as envisaged by Items 1 and 2 of Part 1 of Article 4.3 of the present Code as well as the following circumstances aggravating administrative liability:
1) the commission of a continuous administrative offence whose duration exceeds one year;
2) the infliction as the result of commission of the administrative offence of damage to citizens, organisations or the state in the amount of over 1,000,000 roubles or the gaining of an income as the result of commission of the administrative offence in the amount of over 5,000,000 roubles;
3) the commission of the administrative offence by two and more persons/entities included in a group of persons/entities defined in accordance with the anti-monopoly legislation of the Russian Federation.
4. For the commission of the administrative offence envisaged by the present article or Articles 14.31.1, 14.31.2, 14.32 or 14.33 of the present Code, given the lack of circumstances alleviating and aggravating administrative liability, an administrative fine shall be imposed on the legal entity in the sum of minimum rate of the administrative fine envisaged for the commission
of the given administrative offence and a half of the difference of the maximum rate of the administrative fine envisaged for the commission of the given administrative offence and the minimum rate of the administrative fine envisaged for the commission of the given administrative offence. If there are circumstances alleviating administrative liability the amount of the administrative fine imposed on the legal entity shall be reduced for each such circumstance by one eighth of the difference of the maximum rate of the administrative fine envisaged for the commission of the given administrative offence and the minimum rate of the administrative fine envisaged for the commission of the given administrative offence. If there are circumstances aggravating administrative liability the amount of the administrative fine imposed on the legal entity shall be increased for each such circumstance by one eighth of the difference of the maximum rate of the administrative fine envisaged for the commission of the given administrative offence and the minimum rate of the administrative fine envisaged for the commission of the given administrative offence.
Article 14.31.1. Abuse of Dominating Position by an Economic Entity Whose Share in the Market of a Specific Product Is Below 35 Per Cent
If an economic entity which occupies a dominating position on a commodity market and has a 35 per cent share of the market of a specific product (except for an economic entity that has a dominating position on the market of a specific product if in respect of such market federal laws have established -- for the purposes of their application -- the cases of recognition as dominating of the position of an economic entity whose share of the market of a specific product is below 35 per cent) has committed actions deemed an abuse of a dominant position and inadmissible under the antimonopoly legislation of the Russian Federation -
it shall cause the imposition of an administrative fine at the rate of 15,000 to 20,000 roubles on officials; and 300,000 to 1,000,000 roubles on legal entities.
Article 14.31.2. Price Manipulation in the Wholesale and/or Retail Electricity (Generating Capacity) Markets
1. Price manipulation on the wholesale ad/or retail electricity (generating capacity) markets by participants in the wholesale and/or retail electricity (generating capacity) markets which do not dominate the relevant markets of electricity (generating capacity)
shall cause the imposition of an administrative fine on officials at a rate from 20,000 to 50,000 roubles; on legal entities from 500,000 to 1,000,000 roubles.
2. The commission of the administrative offence envisaged by Part 1 of the present article by an official who has been earlier subjected to an administrative penalty for a similar administrative offence
shall cause disqualification for a term of one year to three years.
Article 14.32. Conclusion of an Agreement on Limitation of Competition, the Commission of Coordinated Actions That Limit Competition and the Coordination of Economic Activities
1. The conclusion by an economic entity of an agreement which is inadmissible under the antimonopoly legislation of the Russian Federation, and equally, participation therein or the commission by an economic entity of coordinated actions that are deemed inadmissible under the antimonopoly legislation of the Russian Federation -
shall cause the imposition of an administrative fine at the rate of 20,000 to 50,000 roubles or disqualification for a term of up to three years for officials; and on legal entities from one hundredth to fifteen hundredths of the sum of the offender's proceeds from the sale of the product (work or service) in the market of which the administrative offence has been committed,
or from one tenth to a half of the initial value of the subject matter of trading, but in any case not below 100,000 roubles or if the sum of the offender's proceeds from the sale of the product (work or service) in the market of which the administrative offence has been committed exceed 75 per cent of the aggregate sum of the offender's proceeds from the sale of all products (works or services), or the administrative offence has been committed in the market of commodities (works or services) whose sale takes place at the prices (tariffs) regulated in accordance with the legislation of the Russian Federation, at the rate from three thousandths to three hundredths of the sum of the offender's proceeds from the sale of the product (work or service) in the market of which the administrative offence has been committed but in any case not below 100,000 roubles.
2. The coordination of the economic activities of economic entities which is inadmissible according to the antimonopoly legislation of the Russian Federation -
shall cause the imposition of an administrative fine on officials at the rate of 20,000 to 50,000 roubles or disqualification for a term of up to three years; and on legal entities from on hundredth to fifteen hundredth of the sum of the offender's proceeds from the sale of the product (work or service) in the market of which the administrative offence has been committed but in any case not below 100,000 roubles or if the sum of the offender's proceeds from the sale of the products (work or service) in the market of which the administrative offence has been committed exceeds 75 per cent of the aggregate sum of the offender's proceeds from the sale of all products (works or services), or the administrative offence has been committed in a market of commodities (works or services) whose sale takes place at the prices (tariffs) regulated in accordance with the legislation of the Russian Federation, at the rate of three thousandths to three hundredths of the sum of the offender's proceeds from the sale of the product (work or service) in the market of which the administrative offence has been committed but in any case not below 100,000 roubles.
3. If a federal executive governmental body, an executive governmental body of a subject of the Russian Federation, a local self-government body, another body or organisation that carries out the functions of said bodies or a state non-budget fund has concluded an agreement which is inadmissible according to the antimonopoly legislation of the Russian Federation or if said bodies or organisations have performed coordinated actions which are inadmissible in accordance with the antimonopoly legislation of the Russian Federation -
it shall cause the imposition of an administrative fine on officials at the rate of 20,000 to 50,000 roubles or disqualification for a term of up to three years.
Notes:
1. A person (a group of persons defined in accordance with the anti-monopoly legislation of the Russian Federation) that has voluntarily applied to the federal antimonopoly body or its territorial body to report that he/she/it has concluded an agreement which is inadmissible according to the antimonopoly legislation of the Russian Federation or has committed coordinated actions which are inadmissible in accordance with the antimonopoly legislation of the Russian Federation shall be relieved of administrative accountability for the administrative offences envisaged by Parts 1 and 3 of the present Article, provided the following conditions are observed in their entirety:
as of the time of the person's report the antimonopoly body did not have relevant information and documents concerning the administrative offence committed;
the person has refused to take part or to continue taking part in the agreement or to implement or continue implementing the coordinated actions;
the information and documents that have been presented are sufficient for the purpose of
establishing the event of the administrative offence. Relief from administrative accountability shall be granted to the person that was the first
to comply with all the conditions set out in the present note. 2. No consideration shall be given to an application filed simultaneously on behalf of
several persons that have concluded an agreement which is inadmissible in accordance with the antimonopoly legislation of the Russian Federation or that have committed coordinated actions which are inadmissible in accordance with the antimonopoly legislation of the Russian Federation.
3. When an administrative penalty is determined for the commission of the administrative offence envisaged by the present article then in respect of a legal entity account shall be taken of the circumstances alleviating administrative liability envisaged by Items 2-7 of Part 1 of Article 4.2 of the present Code and also the following circumstances alleviating administrative liability:
1) the person that has committed the administrative offence is not an organiser of competition-restricting agreement or agreed actions and/or has received binding directions to take part in them;
2) the person that has committed the administrative offence has not commenced to perform the competition-restricting agreement concluded by the person.
4. When an administrative penalty is determined for the commission of the administrative offence envisaged by the present article then in respect of a legal entity account shall be taken of the circumstances aggravating administrative liability envisaged by Items 1 and 2 of Part 1 of Article 4.3, Items 1 and 2 of Note 3 to Article 14.31 of the present Code and also the following circumstances aggravating administrative liability:
1) the person that has committed the administrative offence has organised a competition- restricting agreement or agreed actions;
2) the person that has committed the administrative offence has coerced other persons to commit an administrative offence or to continue participation in a competition-restricting agreement or agreed actions.
Article 14.33. Unfair Competition 1. Unfair competition, unless such actions contain a criminally punishable act, except for
the cases stipulated by Article 14.3 of this Code and by Item 2 of this Article, - shall entail the imposition of an administrative fine on officials in the amount of twelve
thousand to twenty thousand roubles; on legal entities - from one hundred thousand to five hundred thousand roubles.
2. Unfair competition expressed in the introduction into turnover of a commodity with illegal use of the results of intellectual activity and equivalent means of the individualisation of a legal entity, means of the individualisation of products, works, services -
shall entail the imposition of an administrative fine on officials in an amount of twenty thousand roubles or disqualification for a period of up to three years; on legal entities - from one hundredth to fifteen hundredths of the size of the amount of the receipts of the infringer from the realisation of a commodity (work, service) on whose market the infringement has been committed but not less than one hundred thousand roubles.
Article 14.34. Violation of the Rules for the Organisation of Activity in the Sale of Goods (Performance of Works) at Retail Markets
1. The elaboration and approval of the scheme of the placement of trading posts at a retail market without agreeing them upon with the bodies authorised to exercise control over the
ensuring of fire safety, over the protection of public order, and also with the bodies of control and supervision in the sphere of ensuring the sanitary-and-epidemiological well-being of the population or the bodies of supervision in the sphere of the protection of consumers' rights and human well-being -
shall entail the imposition of an administrative fine on officials in the amount of twenty five thousand to fifty thousand roubles; on legal entities - two hundred and fifty thousand to five hundred thousand roubles.
2. The organisation and granting of trading posts at a retail market not stipulated by the scheme of their placement, in the absence of such a scheme or without conclusion of agreements on the granting trading posts, as well as the granting of trading posts for a period exceeding the one established by a federal law, -
shall entail the imposition of an administrative fine on officials in an amount of five thousand to twenty thousand roubles; on legal entities - a hundred thousand to three hundred thousand roubles.
3. Illegal denial or evasion of the granting of trading posts at a retail market if the obligatoriness of their granting in the relevant case is stipulated by a federal law -
shall entail the imposition of an administrative fine on officials in an amount of five thousand to twenty thousand roubles; on legal entities - a hundred thousand to three hundred thousand roubles.
4. The granting to commodity producers at an agricultural market or to members of an agricultural consumers' cooperative at an agricultural cooperative market of trading posts in a number smaller than the one established by a federal law, or the granting of a trading post at an agricultural market or at an agricultural cooperative market on the grounds of a collective application without observing the conditions established by a federal law -
shall entail the imposition of an administrative fine on officials in an amount of five thousand to twenty thousand roubles; on legal entities - a hundred thousand to three hundred thousand roubles.
Part 5 of Article 14.34 of this Code shall enter into force from January 1, 2008
5. The organisation of activity in the sale of goods (performance of works or services) at a retail market in the absence of a safety certificate, as well as violation of the established requirements for the drawing up or approval of a safety certificate of a retail market, -
shall entail the imposition of an administrative fine on officials in an amount of twenty five thousand to fifty thousand roubles; on legal entities - two hundred and fifty thousand to five hundred thousand roubles.
6. Evasion of the keeping of a register of sellers or a register of agreements on the granting of trading posts -
shall entail the imposition of an administrative fine on officials in an amount of five thousand to twenty thousand roubles; on legal entities - a hundred thousand to three hundred thousand roubles.
7. Untimely or inexact making of entries in the register of sellers or register of agreements on the granting of trading posts or the custody or keeping of the register of sellers or register of agreements on the granting of trading posts at places accessible for outsiders or in conditions conducive to the loss, distortion or falsification of information contained therein -
shall entail the imposition of an administrative fine on officials in an amount of five thousand to twenty thousand roubles; on legal entities - a hundred thousand to three hundred thousand roubles.
8. The organisation or carrying out of activity in the sale of goods (performance of works or services) at a retail market without drawing up or issuing a seller's card or without observing
the requirements set for its drawing up - shall entail the imposition of an administrative fine on officials in an amount of five
thousand to twenty thousand roubles; on legal entities - a hundred thousand to three hundred thousand roubles.
Note. The administrative responsibility established by this Article shall not be applicable to violations in the sphere of the organisation of activity in the sale of goods (performance of works or services) at fairs organised outside the retail markets and having temporary character, and also for violation of a simplified procedure, established by the body of state power of an entity of the Russian Federation, for granting trading posts at a retail market.
Article 14.35. Breaching the Legislation on the State Cadastral Registration of Immovable Property and on Cadastral Activities
1. Untimely or inaccurate entry of data on immovable property to the state immovable property cadastre by officials of the body responsible for the state cadastral registration of immovable property and for keeping the state immovable property cadastre or of the governmental institutions subordinate to this state body -
shall entail the imposition of an administrative fine upon the officials in an amount from one thousand to two thousand roubles.
2. The unlawful refusal to provide, or untimely provision of, the data entered in the state immovable property cadastre by the officials cited in Part 1 of this article -
shall entail the imposition of an administrative fine upon the officials in the amount from one thousand to two thousand roubles.
3. Breaching the procedure established by law for information interaction while keeping the state immovable property cadastre by the official responsible for the provision of an appropriate document in the said procedure, as well as provision in the said procedure of a document containing unreliable data -
shall entail a warning to the officials or imposition of an administrative fine upon them in the amount from three thousand to five thousand roubles.
4. Entering by the person engaged in cadastral activities wittingly false data in the land survey plan, the certificate of coordination of the location of land plots' boundaries, the technical plan or the inspection report, if this action does not contain a criminally punishable deed -
shall entail the imposition of an administrative fine in the amount of five thousand roubles or disqualification for a three-year term.
Article 14.36. Failure to Present or to Present in Due Time Documents Concerning a Dispute Connected with the Establishment of a Legal Entity, Its Management or Participation Therein
Failure to present or to present in due time documents concerning a dispute connected with the establishment of a legal entity, its management or participation therein to participants (shareholders, members or founders) of the legal entity where such documents' presentation is provided for by law -
shall entail the imposition of an administrative fine on officials in the amount of two thousand to five thousand roubles or disqualification for a term up to three years, and on legal entities in the amount of ten thousand to fifty thousand roubles.
Article 14.37. Failure to Satisfy the Requirements for Installation of an Advertising Structure
Installation of an advertising structure without a permit to install it provided for by the legislation and/or installation of an advertising structure in defiance of the requirements of
technical regulations, except as provided for by Part 2 of Article 11.21 of this Code - shall entail the imposition of an administrative fine on citizens in the amount of one
thousand to one thousand five hundred roubles, on officials in the amount of three thousand to five thousand roubles, and on legal entities in the amount of fifty thousand to eighty thousand roubles.
Article 14.38. Placing Advertisements on Road Signs and Transport Vehicles 1. Placing advertisements which resemble road signs, or placing advertisements on a
road sign, its support or any other device intended for road traffic control - shall entail the imposition of an administrative fine on citizens in the amount of two
thousand to two thousand five hundred roubles, on officials in the amount of ten thousand to fifteen thousand roubles, and on legal entities in the amount of one hundred thousand to two hundred thousand roubles.
2. Using a transport vehicle solely or predominantly as a movable advertising structure - shall entail the imposition of an administrative fine on citizens in the amount of two
thousand to two thousand five hundred roubles, on officials in the amount of five thousand to ten thousand roubles, and on legal entities in the amount of fifty thousand to two hundred thousand roubles.
3. Placing advertisements on a transport vehicle that has on its outer surface special colouring of the motor vehicles used by field services, on a transport vehicle equipped with devices for giving special light and audio signals, on a federal postal communication transport vehicle having white diagonal stripes against blue background on its side surfaces, as well as on a transport vehicle intended for carrying hazardous cargo, -
shall entail the imposition of an administrative fine on citizens in the amount of two thousand to two thousand five hundred roubles, on officials in the amount of five thousand to ten thousand roubles, and on legal entities in the amount of fifty thousand to two hundred thousand roubles.
4. Placing on a transport vehicle advertisements posing a danger to road traffic safety, in particular advertisements limiting the field of view for the person driving the transport vehicle and for other road traffic participants -
shall entail the imposition of an administrative fine on citizens in the amount of two thousand to two thousand five hundred roubles, on officials in the amount of ten thousand to twenty thousand roubles, and on legal entities in the amount of two hundred thousand to five hundred thousand roubles.
5. Auditory advertising with the use of transport vehicles, as well as sound accompaniment of advertising with the use of transport vehicles-
shall entail the imposition of an administrative fine on citizens in the amount of two thousand to two thousand five hundred roubles, on officials in the amount of four thousand to seven thousand roubles, and on legal entities in the amount of forty thousand to one hundred thousand roubles.
Article 14.39. Violation of the Requirements of the Legislation on Rendering Hotel Services, the Services Involved in Temporary Accommodation and/or in Providing Temporary Accommodation
Rendering hotel services, the services involved in temporary accommodation and/or in providing temporary accommodation without the certificate which proves the assigning to a hotel or any other accommodation facility a category provided for by the system of classification of hotels and other accommodation facilities, if under the legislation of the Russian Federation such certificate is obligatory -
shall entail the imposition of an administrative fine on officials in the amount of seven
thousand to ten thousand roubles and on legal entities in the amount of forty thousand to fifty thousand roubles.
Article 14.40. Infringing the Antimonopoly Rules Established by Federal Law While Exercising Trading Activity
1. The creation by an economic agent, engaged in the trade activities of selling food products by way of setting up a trade network, or by an economic agent engaged in supplying food products to trade networks, of discriminatory conditions, in particular through the creation of obstacles for access to a commodity market or for exit from a commodity market of other economic agents, except as provided for by Articles 14.31 and 14.31.1 of this Code -
shall entail the imposition of an administrative fine on officials in the amount of twenty thousand to forty thousand roubles and on legal entities in the amount of two million to five million roubles.
2. The dictating by an economic agent, engaged in the trade activities of selling food products by way of setting up a trade network, or by an economic agent, engaged in supplying food products to trade networks, to a contractor thereof of terms and conditions which are prohibited by federal law, except as provided for by Articles 14.31 and 14.31.1 of this Code -
shall entail the imposition of an administrative fine on officials in the amount of thirty thousand to fifty thousand roubles and on legal entities in the amount of two million five hundred thousand to five million roubles.
3. Exercising by an economic agent, engaged in the trade activities of selling food products by way of setting up a trade network, and/or by an economic agent, engaged in supplying food products to trade networks, wholesale trade activities on the basis of a commission agency contract or of a mixed contract containing major terms and conditions of a commission agency contract -
shall entail the imposition of an administrative fine on officials in the amount of ten thousand to fifty thousand roubles and on legal entities in the amount of one million five hundred thousand to four million five hundred thousand roubles.
Note. The administrative liability provided for by Part 3 of this article shall be established depending on the degree of guilt of the agent, engaged in the trade activities of selling food products by way of setting up a trade network, or of an economic agent, engaged in supplying food products to trade networks.
Article 14.41. Failure to Satisfy the Requirements Established by Federal Law for Supplying Information about the Terms and Conditions of Making a Contract for Supply of Food Products Established by Federal Law While Exercising Trade Activity
1. Failure of an economic agent, engaged in trade activities by way of setting up a trade network, to supply information about the terms and conditions for selecting a contractor for concluding a contract for supply of food products and about the major terms of such contract which is requested by a contractor -
shall entail the imposition of an administrative fine on officials in the amount of twenty thousand to forty thousand roubles and on legal entities in the amount of three hundred thousand to five hundred thousand roubles.
2. Failure of an economic agent, engaged in supplying food products, to provide information about the terms and conditions for selecting a contractor for concluding a contract for supply of food products and about the major terms of such contract, as well as information on the quality and safety of food products to be supplied which is requested by a contractor -
shall entail the imposition of an administrative fine on officials in the amount of twenty
thousand to forty thousand roubles and on legal entities in the amount of three hundred thousand to five hundred thousand roubles.
Article 14.42. Failure to Satisfy the Requirements Established by Federal Law for the Terms and Conditions of Concluding a Contract for Supply of Food Products While Exercising Trade Activities
1. The inclusion by an economic agent, engaged in thr trade activities, and/or by an economic agent, engaged in supplying food products, in the price of a contract for supply of food products of remuneration to be paid to the economic agent, engaged in the trade activities, in connection with acquisition by it of a certain quantity of food products of an economic agent, engaged in supplying food products, in the amount of 10 per cent of the price of the acquired food products, or payment of the cited remuneration in connection with acquisition by an economic agent, engaged in trade activity, of some kinds of the socially important food products cited in the list established by the Government of the Russian Federation -
shall entail the imposition of an administrative fine on officials in the amount of twenty thousand to forty thousand roubles and on legal entities in the amount of one million to five million roubles.
2. The inclusion by an economic agent, engaged in the trade activities, in the price of a contract for supply of food products of other kinds of remuneration for execution by the economic agent, engaged in the trade activities, of the terms and conditions of such contract and/or its amendment, except for the remuneration paid to an economic agent, engaged in trade activities, in connection with acquisition by it of a certain quantity of food products of an economic agent, engaged in supplying food products, -
shall entail the imposition of an administrative fine on officials in the amount of twenty thousand to forty thousand roubles and on legal entities in the amount of one million to five million roubles.
3. Fixing by an economic agent, engaged in trade activities, and/or by an economic agent, engaged in supplying food products, in a contract for supply of food products the time periods of payment for such products exceeding the time periods established by federal law-
shall entail the imposition of an administrative fine on officials in the amount of twenty thousand to forty thousand roubles and on legal entities in the amount of one million to five million roubles.
4. Establishing by an economic agent, engaged in trade activities, and/or by an economic agent, engaged in supplying food products, in a contract of food products' supply a ban on replacement of the persons obliged under such contract by way of assignment of claim, or establishing civil law liability for failure to observe the cited ban by the parties to the contract -
shall entail the imposition of an administrative fine on officials in the amount of twenty thousand to forty thousand roubles and on legal entities in the amount of one million to five million roubles.
5. The inclusion by an economic agent, engaged in trade activities, and/or by an economic agent, engaged in supplying food products, in a contract of food products' supply of the terms concerning the performance of certain actions in respect of the supplied food products by the economic agent, engaged in trade activities, concerning provision of the services involved in goods' advertising, marketing or similar services aimed at the promotion of food products (making actions having an impact upon an increase in food products' turnover) -
shall entail the imposition of an administrative fine on officials in the amount of twenty thousand to forty thousand roubles and on legal entities in the amount of one million to five million roubles.
6. Forcing by an economic agent, engaged in trade activities, and/or by an economic agent, engaged in supplying food products, the conclusion of a contract of onerous rendering of
services aimed at promoting food products (making actions which affect an increase of food products' turnover) when making a contract of such products' supply -
shall entail the imposition of an administrative fine on officials in the amount of thirty thousand to forty thousand roubles and on legal entities in the amount of three million to five million roubles.
Notes: 1. For the purposes of applying Part 6 of this article, forcing means a person' actions
aimed at making a contract of food products' supply on condition that some other contract is made.
2. The provisions of this article establishing administrative liability of an economic agent, engaged in trade activities, and of an economic agent, engaged in supplying food products, shall extend to the persons that form the same group with them in compliance with Federal Law No. 135-FZ of July 26, 2006 on Competition Protection.
3. The provisions of Articles 14.40 and 14.41 of this chapter, as well as of this article, shall extend to the legal relations regulated by Federal Law No. 381-FZ of December 28, 2009 on the Fundamentals of the State Regulation of Trade Activities in the Russian Federation.
Article 14.43. A Breach of Provisions of Technical Regulations by a Manufacturer, Contractor (Person Carrying out the Functions of a Foreign Manufacturer) or Seller
1. A breach by a manufacturer, contractor (person carrying out the functions of a foreign manufacturer) or seller of the requirements set out in technical regulations or compulsory requirements -- applicable until the date of entry into force of the relevant technical regulations -- in respect of a product or to a product and the processes of designing (including prospecting), manufacturing, constructing, erecting, adjusting, operating, storing, transporting, selling and disposing or the release of a product that does not meet such requirements, except for the cases envisaged by Articles 9.4, 10.3, 10.6, 10.8, Part 2 of Article 11.21, Articles 14.37, 14.44, 14.46 and 20.4 of the present Code
shall cause the imposition of an administrative fine on citizens at the rate of 1,000 to 2,000 roubles; on officials from 10,000 to 20,000 roubles; on persons pursuing entrepreneurial activities without the formation of a legal entity from 20,000 to 30,000; on legal entities from 100,000 to 300,000 roubles.
2. The actions which are envisaged by Part 1 of the present article and have caused the infliction of harm to the life or health of citizens, the property of natural persons or legal entities, state or municipal property, the environment, the life or health of animals and plants or have posed the threat of inflicting harm to the life or health of citizens, the environment, the life or health of animals and plants
shall cause the imposition of an administrative fine on citizens at the rate of 2,000 to 4,000 roubles with the confiscation of the objects of the administrative offence or without it; on officials from 20,000 to 30,000 roubles; on persons pursuing entrepreneurial activities without the formation of a legal entity from 30,000 to 40,000 roubles with the confiscation of the objects of the administrative offence or without it; on legal entities from 300,000 to 600,000 with the confiscation of the objects of the administrative offence or without it.
3. A repeated commission within one year of an administrative offence envisaged by Part 2 of the present article -
shall cause the imposition of an administrative fine on citizens at the rate of 4,000 to 5,000 roubles with the confiscation of the objects of the administrative offence; on officials from 30,000 to 40,000 roubles; on persons pursuing entrepreneurial activities without the formation of a legal entity from 40,000 to 50,000 roubles with the confiscation of the objects of the
administrative offence or the administrative suspension of activities for a term of up to 90 days with the confiscation of the objects of the administrative offence; on legal entities from 700,000 to 1,000,000 roubles with the confiscation of the object of the administrative offence or the administrative suspension of activities for a term of up to 90 days with the confiscation of the objects of the administrative offence.
Note. In the present article and in Article 14.47 of the present Code the "compulsory requirements applicable until the entry into force of the relevant technical regulations" means the compulsory requirements applicable to products or to products and the processes -- relating to the requirements applicable to products -- of designing (including prospecting), manufacturing, constructing, erecting, adjusting, operating, storing, transporting, selling and disposing established by the normative legal acts adopted by the Commission of the Customs Union in accordance with the Customs Union's Agreement on Sanitary Measures of December 11, 2009 and also the provisions -- that do not contravene them -- of the normative legal acts of the Russian Federation and the normative legal acts of federal executive governmental bodies subject to compulsory implementation in accordance with Items 1, 1.1 and 6.2 of Article 46 of Federal Law No. 184-FZ of December 27, 2002 on Technical Regulation.
Article 14.44. The Unreliable Declaration of the Conformity of Products 1. The unreliable declaration of the conformity of products - shall cause the imposition of an administrative fine on officials at the rate of 15,000 to
25,000 roubles; on legal entities from 100,000 to 300,000 roubles. 2. The unreliable declaration of conformity of a product that is released for the first time
and is classified under a kind or type of product that is subject to compulsory certification or the unreliable declaration of such product on the basis of own evidence if the standardisation documents whose application ensures the observance of provisions of technical regulations are not available or cannot be applied -
shall cause the imposition of an administrative fine on officials at the rate of 25,000 to 35,000 roubles; on legal entities from 300,000 to 500,000 roubles.
3. The actions which are envisaged by Parts 1 and 2 of the present article and have caused the infliction of harm to the life or health of citizens, the property of natural persons or legal entities, state or municipal property, the environment, the life or health of animals and plants or which have posed the threat of infliction of harm to the life or heal of citizens, the environment, the life or heal of animals and plants -
shall cause the imposition of an administrative fine on officials at the rate of 35,000 to 50,000 roubles; on legal entities from 700,000 to 1,000,000 roubles.
Article 14.45. A Breach of the Procedure for Selling the Products Subject to Compulsory Confirmation of Conformity
The sale of a product subject to compulsory confirmation of conformity with no information being provided in cover documents on a certificate of conformity or a declaration of conformity -
shall cause the imposition of an administrative fine on officials at the rate of 20,000 to 40,000 roubles; on legal entities from 100,000 to 300,000 roubles.
Article 14.46. A Breach of the Procedure for Marking the Products Subject to Compulsory Confirmation of Conformity
1. Marking a product with a product conformity sign, whose compliance with the provisions of technical regulations is not confirmed in the procedure envisaged by the legislation on technical regulation or marking with a product conformity sign a product whose compliance
with the provisions of technical regulations is not confirmed in the procedure envisaged by the legislation on technical regulation -
shall cause the imposition of an administrative fine on officials at the rate of 10,000 to 20,000 roubles; on legal entities from 100,000 to 300,000 roubles.
2. The actions which are envisaged by Part 1 of the present article and have caused the infliction of harm to the life or health of citizens, the property of natural persons or legal entities, state or municipal property, the environment, the life or health of animals and plant or have posed the threat of infliction of harm to the life or health of citizens, the environment, the life or health of animals and plants -
shall cause the imposition of an administrative fine on officials at the rate of 30,000 to 50,000 roubles; on legal entities from 700,000 to 1,000,000 roubles.
Note. The "product conformity sign" in the present article and the other articles of the present Code means the product conformity sign used for the market of the Russian Federation, the product conformity sign used for the market of the member states of the Customs Union and the uniform conformity sign used for the market of the member states of the Eurasian Economic Community.
Article 14.47. A Breach of the Rules for Carrying out Certification Works 1. A breach of the rules for carrying out certification works or the issuance of a certificate
of conformity in breach of the provisions of the legislation on technical regulation - shall cause the imposition of an administrative fine on officials at the rate of 20,000 to
40,000 roubles or disqualification for a term of up to one year; on legal entities from 400,000 to 500,000 roubles.
2. The actions which are envisaged by Part 1 of the present article and have caused the release of a product that does not comply with the provisions of technical regulations or the compulsory requirements applicable until the entry into force of the relevant technical regulations -
shall cause the imposition of an administrative fine on officials at the rate of 30,000 to 50,000 roubles or disqualification for a term ranging from one year to three years; on legal entities from 600,000 to 1,000,000 roubles.
3. A certification body's issuing or refusing to issue a certificate of conformity without a good reason or suspending or terminating a certificate of conformity without a good reason -
shall cause the imposition of an administrative fine on officials at the rate of 20,000 to 30,000 roubles or disqualification for a term ranging from six months to one year; on legal entities from 50,000 to 100,000 roubles.
Article 14.48. The Provision of Unreliable Results of an Examination (Tests) The provision by a testing laboratory (centre) for the purposes of conformity assessment
(confirmation) of unreliable or non-objective results of an examination (tests) and/or measurements of a product -
shall cause the imposition of an administrative fine on officials at the rate of 30,000 to 50,000 roubles or disqualification for a term ranging from one year to three years; on legal entities from 400,000 to 500,000 roubles.
Article 14.49. A Breach of Compulsory Requirements in Respect of Defence Products (Works Performed or Services Provided)
A breach of compulsory provisions by a manufacturer (person carrying out the functions of a foreign manufacturer), supplier (contractor or performer) in respect of defence products (performed works or provided services) supplied on a state defence order, products (performed
works or provided services) used for the purpose of protecting information classified as state secret or another restricted-access information deemed protected according to the legislation of the Russian Federation, products (performed works or provided services) about which information is deemed a state secret, products (performed works or provided services) and facilities related to ensuring nuclear and radiation safety in respect of the use of atomic energy, the processes of designing (including prospecting), manufacturing, constructing, erecting, adjusting, operating, storing, transporting, selling, disposing, burying connected with compulsory requirements in respect of said products and facilities -- established in accordance with the legislation on technical regulation -- for instance by the federal executive governmental bodies empowered in the area of security, defence, foreign intelligence, countering technical intelligence and the technical protection of information, the state administration of the use of atomic energy, the state regulation of safety in the use of atomic energy and/or state contracts (agreements) -
shall cause the imposition of an administrative fine on officials at the rate of 40,000 to 50,000 roubles; on legal entities from 700,000 to 1,000,000 roubles.
Article 14.50. Failure to Discharge Duties and Requirements During the Performance of Foreign Trade Barter Transactions
Non-performance on the established dates during the carrying out of foreign trade barter transactions of the duty on the importation to the Russian Federation of goods equivalent in value, the rendering by foreign persons of the equivalent services, performance of the equivalent works, transfer of the equivalent exclusive rights to objects of intellectual property or granting of the right of the use of objects of intellectual property or of the duty on the transfer to accounts with authorised banks of money resources in case the foreign trade barter transactions provide for the partial use of monetary and (or) other payment means, or in the case of the sale of the goods without their importation to the Russian Federation or non- confirmation of the fact of the performance of such a liability -
shall entail imposition of an administrative fine on officials in an amount from ten thousand to twenty thousand roubles; on legal entities - from one half to the whole amount of the cost of the goods that were the objects of the administrative offence.
Chapter 15. Administrative Offences in Respect of Finance, Taxes and Fees, Insurance and the Securities Market
On the application of Chapter 15 of this Code, see Resolution of the Plenary Session of the Supreme Court of the Russian Federation No. 18 of October 24, 2006
Article 15.1. Infringement of the procedure of handling monetary cash and the procedure of conducting cash operations, as well as infringement of requirements concerning the use of special bank accounts
1. Violation of the procedure for dealing with cash and of the procedure for conducting cash operations, which manifests itself in settling accounts in cash with other organisations in excess of the established amounts, or in failure to enter (in incomplete entering) of cash to a cash box, or failure to follow the procedure for keeping free monetary assets, as well as accumulation in a cash box of cash in excess of the established limits -
shall entail the imposition of an administrative fine on officials in the amount of four thousand to five thousand roubles, and on legal entities in the amount of forty thousand to fifty thousand roubles.
2. Infringement by the payment agents that carry out the activity according to Federal Law No. 103-FZ of June 3, 2009 on the Activity on the Reception of Payments of Natural Persons Carried out by Payment Agents, bank payment agents and the bank payment subagents that carry out the activity according to the Federal Law on the National Payment System of the duties on the delivery in the credit institution of the cash money resources received from the payers during the reception of payments for transfer in full into their special bank account (accounts), as well as the non-use by payment agents, suppliers, bank payment agents, bank payment subagents of special bank accounts for the performance of corresponding settlements -
shall entail the imposition of the administrative fine on officials in the amount of from four thousand to five thousand roubles; on legal entities - from forty thousand to fifty thousand roubles.
Article 15.2. Abrogated. Article 15.3. Violating the Term for Registration with a Tax Body
1. Violating the established term for filing an application for registration with a tax body - shall entail a warning or imposition of an administrative fine on officials in the amount of
five hundred to one thousand roubles. 2. Violating the established term for filing an application for registration with a tax body or
with a body of a state extra budget fund linked with exercising activities without registration with a tax body or with a body of a state extra budget fund -
shall entail the imposition of an administrative fine on officials in the amount of two thousand to three thousand roubles.
Note. The administrative liability, established in respect of officials in this Article, in Articles 15.4 to 15.9 and in Article 15.11 of this Code, shall apply to the persons specified in Article 2.4 of this Code, safe for the citizens exercising business activities without forming a legal entity.
Also see the Tax Code of the Russian Federation
Article 15.4. Violating the Term for Submitting Data about Opening or Closing an Account with a Bank or Other Credit Organisation
Violating the established term for submitting to a tax body an information about opening or closing an account with a bank or other credit organisation -
shall entail a warning or imposition of an administrative fine on citizens in the amount of one thousand to two thousand roubles.
Article 15.5. Violating the Term for Submitting a Tax Declaration Violating the term, established by the legislation on taxes and fees, for submitting a tax
declaration to a tax body at the place of registration - shall entail a warning or imposition of an administrative fine on officials in the amount of
three hundred to five hundred roubles.
Article 15.6. Failure to Submit Data Necessary for Tax Control
1. Failure to submit within the term, established by the legislation on taxes and fees, or refusal to submit to tax bodies and customs bodies documents and (or) other data drawn up in the established procedure, which are necessary for exercising tax control, as well submission of incomplete or distorted data of such type, safe for the cases provided for by Part 2 of this Article
- shall entail the imposition of an administrative fine on citizens in the amount of one
hundred to three hundred roubles, and on officials in the amount of three hundred to five hundred roubles.
2. Failure of an official of a body engaged in state registration of legal entities and of natural persons as individual businessmen, or in issuing licenses for private practice to natural persons, or in registration of individuals at the places of residence thereof, or in civil registration, or in registration of property and property transactions, and of a notary or of an official authorized to commit notarial acts, to submit to tax bodies within the established term the data necessary for exercising tax control, as well submission of incomplete or distorted data of such type -
shall entail the imposition of an administrative fine in the amount of five hundred to one thousand roubles.
Also see the Tax Code of the Russian Federation
Article 15.7. Violating the Procedure for Opening an Account for a Taxpayer 1. The opening by a bank or by any other credit organisation of an account for an
organisation or for an individual businessman without them presenting a certificate about registration with a tax body -
shall entail the imposition of an administrative fine on officials in the amount of one thousand to two thousand roubles.
2. The opening by a bank or by any other credit organisation of an account for an organisation or for an individual businessman, when the bank or the credit organisation is notified about the decision of a tax body or a customs body to suspend operations on this person's account -
shall entail the imposition of an administrative fine on officials in the amount of two thousand to three thousand roubles.
Also see the Tax Code of the Russian Federation
Article 15.8. Violating the Term for Executing an Order to Transfer a Tax or Fee (Contribution)
Violation by a bank or any other credit organisation of a term established for executing an order of a taxpayer ( a fee payer ) or of a tax agent to transfer a tax or a fee (contribution), as well as a collection order (an instruction) of a tax body, of a customs body to transfer a tax or a fee, appropriate penalties and (or) fines to the budget -
shall entail the imposition of an administrative fine on citizens in the amount of four thousand to five thousand roubles.
Also see the Tax Code of the Russian Federation
Article 15.9. Failure of a Bank to Carry Out a Decision to Suspend Operations on Accounts of a Taxpayer, a Fee Payer or a Tax Agent
Carrying out by a bank or by any other credit organisation of debiting transactions, which are not connected with discharging liabilities, related to paying a tax or a fee, or with execution of any other payment order, which under the laws of the Russian Federation enjoys the right of priority in respect of payments to the budget, on accounts of a taxpayer, of a fee payer, of a tax or fee collector or of other persons, when the bank or any other credit organisation has been notified about the decision of a tax body, of a customs body to suspend operations on such
accounts - shall entail the imposition of an administrative fine on officials in the amount of two
thousand to three thousand roubles.
Also see the Tax Code of the Russian Federation
Article 15.10. Failure of a Bank to Follow an Order of a State Extra-budget Fund 1. Failure of a bank or of any other credit organization to execute an order of a body of a
state extra budget fund to transfer state pensions and (or) other payments to deposits of citizens -
shall entail the imposition of an administrative fine on officials in the amount of four thousand to five thousand roubles, and on legal entities in the amount of forty thousand to fifty thousand roubles.
2. Failure of a bank or of any other credit institution to observe the time established for execution of the instructions of an insurance contributions payer to remit insurance contributions, as well as of the instructions of the body of a state extra budget fund exercising control over the correctness of calculation, completeness and timeliness of payment (remittance) of insurance contributions for obligatory social insurance to remit insurance contributions, the relevant penalties and/or fines to the budget of the relevant extra budgetary fund -
shall entail the imposition of an administrative fine on officials in the amount from four thousand to five thousand roubles.
Article 15.11. Gross Violation of the Rules of Bookkeeping and of Submitting Statements of Accounts
A gross violation of the rules of bookkeeping and of submitting statements of accounts, as well as of a procedure and terms of keeping accounting documents -
shall entail the imposition of an administrative fine on officials in the amount of two thousand to three thousand roubles.
Note. A gross violation of the rules of bookkeeping and of submitting statements of accounts means the following:
distorting amounts of charged taxes and fees at least 10 per cent; distorting any item (line) of an accounting form by at least 10 per cent.
Also see the Tax Code of the Russian Federation
Article 15.12. Release or Sale of Commodities and Products, in Respect of Which Are Established Requirements to Mark Them and (or) to Show on Them Information Required for the Exercise of Tax Control, without the Appropriate Marking and (or) Information, as well as in Defiance of the Established Procedure for Such Marking or Showing Such Information
1. Release by a manufacturing company or individual businessman of commodities and products without marking and (or) showing on them the information provided for by the legislation of the Russian Federation for the exercise of tax control, as well as in defiance of the established procedure for the appropriate marking and (or) showing the appropriate information, where such marking and (or) showing of such information are obligatory, -
shall entail the imposition of an administrative fine on officials in the amount of three thousand to five thousand roubles accompanied by confiscation of the subjects of the administrative offence; and on legal entities in the amount of thirty thousand to fifty thousand roubles accompanied by confiscation of the subjects of the administrative offence.
2. Sale of commodities without marking and (or) showing of the information provided for by the legislation of the Russian Federation for the exercise of tax control, where such marking and (or) showing of such information are obligatory, as well as storage, carriage or acquisition of such commodities and products for the purpose of sale thereof -
shall entail the imposition of an administrative fine on citizens in the amount of two thousand to two thousand five hundred roubles accompanied by confiscation of the subjects of the administrative offence; on officials in the amount of four thousand to five thousand roubles accompanied by confiscation of the subjects of the administrative offence; and on legal entities in the amount of forty thousand to fifty thousand roubles accompanied by confiscation of the subjects of the administrative offence.
Article 15.13. Avoiding Submission of a Declaration about the Volume of Production, and Trade in, Ethyl Alcohol, Alcohol Products and Alcohol-Containing Products, or of a Declaration about the Use of Ethyl Alcohol
Avoiding submission of a declaration about the volume of production, and trade in, ethyl alcohol, alcohol products and alcohol-containing products, or of a declaration about the use of ethyl alcohol, as well as untimely submission of one of these declarations, or insertion into one of these declarations of wittingly distorted data -
shall entail the imposition of an administrative fine on officials in the amount of three thousand to four thousand roubles, and on legal entities in the amount of thirty thousand to forty thousand roubles.
Article 15.14. Non-target Use of Budgetary Means and Means of State Extra-Budgetary Funds
1. The use of budgetary means by a recipient of budgetary means for purposes not conforming to the conditions of the receipt of such means determined by the approved budget, budget revenue and expenditure, notification about budget allocations, estimate of revenues and expenditure or by another document that is a ground for receiving budgetary means, unless such an action contains a criminally punishable act, -
shall entail the imposition of an administrative fine on officials in an amount of four thousand to five thousand roubles; on legal entities - of forty thousand to fifty thousand roubles.
2. The use of means of state extra-budgetary funds by a recipient of means of state extra-budgetary funds for purposes not conforming to the conditions determined by the legislation regulating their activity and to the budgets of such funds, unless such an action contains a criminally punishable act, -
shall entail the imposition of an administrative fine on officials in an amount of four thousand to five thousand roubles; on legal entities - of forty thousand to fifty thousand roubles.
Article 15.15. Violating the Term for Returning Budgetary Funds Received on a Repayable Basis
Violation by a recipient of budgetary funds, received on a repayable basis, of the term for returning thereof -
shall entail the imposition of an administrative fine on citizens in the amount of four thousand to five thousand roubles, and on legal entities in the amount of forty thousand to one hundred thousand roubles.
Article 15.16. Violating Terms for Transferring Payment for the Use of Budgetary Funds Failure of a recipient of budgetary funds to transfer payment within the established term
for the use of budgetary funds provided on a repayable basis - shall entail the imposition of an administrative fine on officials in the amount of four
thousand to five thousand roubles, and on legal entities in the amount of forty thousand to fifty thousand roubles.
Article 15.17. Unfair Issuance of Securities Violation by an issuer of the order of (of the procedure for) issuing securities established
by federal laws and other regulatory legal acts adopted in compliance with them, if these actions do not contain a criminally punishable deed-
shall entail the imposition of an administrative fine on officials of from ten thousand to thirty thousand roubles, and on legal entities of from five hundred thousand to seven hundred thousand roubles.
Article 15.18. Unlawful Transactions with Securities The conducting by professional participants in the securities market of transactions
connected with the transfer of rights to serial securities in respect of which the report on the results of an issue (additional issue) thereof is not registered or a notice of the results of an issue (additional issue) is not submitted to the body that has registered the issue (additional issue) of the said securities, if these actions do not contain a criminally punishable deed -
shall entail the imposition of an administrative fine on officials of from five thousand to ten thousand roubles, and on legal entities of from three hundred thousand to five hundred thousand roubles.
Article 15.19. Failure to Meet the Requirements of the Laws Concerning Submission and Disclosure of Information in Financial Markets
1. Failure of an issuer, of a professional participant in the securities market, a clearing organisation, a joint-stock investment fund, the management company of a joint-stock investment fund, unit investment fund or non-governmental pension fund or of a specialized custodian of a joint-stock investment fund, unit investment fund or non-governmental pension fund to submit the information (notices) provided for by federal laws and other regulatory legal acts adopted in compliance with them, and also breaking by the said persons of the procedure for and time of submission thereof, as well as submission of incomplete information and/or unreliable information, and/or misleading information, except as provided for by Article 19.7.3 of this Code, if these actions (omission to act) do not contain a criminally punishable deed,-
shall entail the imposition of an administrative fine on officials of from twenty thousand to thirty thousand roubles, and on legal entities in the amount from five hundred thousand to seven hundred thousand roubles.
2. Failure of an issuer, of a professional participant in the securities market, a clearing organisation, a joint-stock investment fund, the management company of a joint-stock investment fund, unit investment fund or non-governmental pension fund or of the specialized custodian of a joint-stock investment fund, unit investment fund or non-governmental pension fund or of the person, who renders services regarding public presentation of disclosed information, to disclose the information provided for by federal laws and other regulatory legal acts adopted in compliance with them, and also breaking by the said persons of the procedure for and time of submission thereof, as well as disclosure of incomplete information and/or unreliable information, and/or misleading information -
shall entail the imposition of an administrative fine on officials in the amount from thirty thousand to fifty thousand roubles or disqualification for a term from one year to two years, and on legal entities in the amount from seven hundred thousand to one million roubles.
3. Failure of the persons that have provided security for issuers' bonds, the persons that have obtained the right to dispose directly or indirectly, independently or jointly with other persons, of a definite number of votes associated with the voting stocks (shares) constituting authorized capital of issuers or of a clearing organisation, the organisations controlled by issuers, participants (stockholders) of economic companies, the persons that have obtained the authority to call and hold extraordinary general meetings of stockholders of joint-stock companies, the persons acquiring serial securities of open joint-stock companies on the basis of the voluntary, and also competitive, or mandatory offer provided for by the legislation of the Russian Federation on joint-stock companies, as well as of affiliated persons of joint-stock companies and persons which are recognised under federal laws as parties interested in making a transaction by a joint-stock company to submit (disclose) information provided for by federal laws and other regulatory legal acts adopted in compliance with them, as well as to observe the procedure for and time of submission (disclosure) of such information, except as provided for by Article 19.7.3 of this Code -
shall entail the imposition of an administrative fine on citizens in the amount from one thousand to two thousand roubles, on officials in the amount from ten thousand to twenty thousand roubles, and on legal entities in the amount from three hundred thousand to five hundred thousand roubles.
Article 15.20. Impeding the Exercise of the Rights Certified by Securities Impeding by an issuer, by a joint-stock investment fund, the management company of a
joint-stock investment fund, unit investment fund or non-governmental pension fund or by the person engaged in keeping the registrar of securities owners the exercise the rights certified by securities, except as provided for by Parts 1, 2, 4, 5, 8 and 10 of Article 15.23.1 of this Code -
shall entail the imposition of an administrative fine citizens in the amount from two thousand to four thousand roubles, on officials in the amount from twenty thousand to thirty thousand roubles, and on legal entities in the amount from five hundred thousand to seven hundred thousand roubles.
Article 15.21. The Illegal use of Inside Information The illegal use of inside information, unless this action contains an act punishable under
the criminal law - shall cause the imposition of an administrative fine on citizens in an amount from 3,000 to
5,000 roubles; on officials from 30,000 to 50,000 roubles or disqualification for a term from one year to two years; on legal entities in the amount of the sum of excessive income or the sum of the losses which have been avoided by the citizen, official or legal entity as the result of illegal use of the inside information but in any case not below 700,000 roubles.
Note. In the present article and in Article 15.30 of the present Code the "excessive income" means an income assessed as the difference between the income received as the result of illegal actions and the income which would have been formed without account being taken of the illegal actions envisaged by the present article.
Article 15.22. Violating the Rules for Keeping a Register of Securities' Owners Unlawful refusal to make or avoidance of making entries in the register of securities'
owners, or making such entries without the grounds for it provided for by federal laws and other normative legal acts adopted in compliance witth them, or entering in a register of securities' owners unreliable information, as well as failure of a register's holder to satisfy, or improper satisfaction by a register's holder of, demands of a securities' owner or of the person authorised by him, as well as of a nominal holder of securities, for issuance of an abstract of the personal
account from the system of keeping the register of securities owners- shall entail the imposition of an administrative fine on officials in the amount from thirty
thousand to fifty thousand roubles or disqualification for a term from one year to two years, and on legal entities in the amount from seven hundred thousand to one million roubles.
2. Unlawful keeping of the register of securities' owners by the issuer thereof, as well as, in case of replacement of the person engaged in keeping the register of securities' owners, avoidance by such person of the transfer of the information received from the issuer, of the data and documents constituting the system of keeping the register of securities' owners, or failure to observe the procedure for and time of their transfer provided for by federal laws and other regulatory legal acts adopted in compliance with them -
shall entail the imposition of an administrative fine on officials in the amount from thirty thousand to fifty thousand roubles or disqualification for a term from one year to two years, and on legal entities in the amount from seven hundred thousand to one million roubles.
3. Other failures by the person engaged in keeping the register of securities' owners to satisfy the requirements for the procedure for keeping the register of securities' owners established by federal laws and regulatory legal acts adopted in compliance with them -
shall entail the imposition of an administrative fine on officials in the amount from five thousand to ten thousand roubles and on legal entities in the amount from one hundred thousand to three hundred thousand roubles.
Article 15.23. Abrogated. Article 15.23.1. Failure to Satisfy the Requirements of the Legislation on the Procedure
for Preparation and Holding of General Meetings of Stockholders, Participants of Limited (Additional) Liability Companies and of Owners of Investments Shares of Unit Investment Funds
1. Unlawful refusal to call or avoidance of calling a general meeting of stockholders (a general meeting of owners of investment shares of a closed unit investment fund), as well as unlawful refusal to enter or avoidance of entering to the agenda of a general meeting of stockholders items and/or proposals as to the nomination of candidates for the board of directors (supervisory board), the collective executive body, the audit commission (auditors) and counting commission of a joint-stock company for the position of the sole executive body of a joint-stock company -
shall entail the imposition of an administrative fine on citizens in the amount from two thousand to four thousand roubles, on officials in the amount from twenty thousand to thirty thousand roubles or disqualification for a term up to one year and on legal entities in the amount from five hundred thousand to seven hundred throusand roubles.
2. Failure to observe the procedure for and time of forwarding (serving, publishing) a report on holding a general meeting of stockholders (general meeting of investment shares' owners of a closed unit investment fund), as well as failure to supply or to observe the time for supplying information (materials) to be presented in compliance with federal laws and other regulatory legal acts adopted in compliance with them, while preparing for a general meeting of stockholders (general meeting of owners of investment shares of a closed unit investment fund) -
shall entail the imposition of an administrative fine on citizens in the amount from two thousand to four thousand roubles, on officials in the amount from twenty thousand to thirty thousand roubles or disqualification for a term up to one year and on legal entities in the amount from five hundred thousand to seven hundred thousand roubles.
3. Failure to satisfy the requirements of federal laws and other regulatory legal acts adopted in compliance with them for drawing up lists of persons enjoying the right to participate of a general meeting of stockholders (general meeting of owners of investment shares of a
closed unit investment fund)- shall entail the imposition of an administrative fine on citizens in the amount from two
thousand to four thousand roubles, on officials in the amount from twenty thousand to thirty thousand roubles or disqualification for a term up to one year and on legal entities in the amount from five hundred thousand to seven hundred thousand roubles.
4. Failure to forward (to serve, publish) or failure to observe the time for forwarding (serving, publishing) a voting bulletin to a person cited in the list of the persons enjoying the right to participate in a general meeting of stockholders (general meeting of owners of investment shares of a closed unit investment fund) -
shall entail the imposition of an administrative fine on citizens in the amount from two thousand to four thousand roubles, on officials in the amount from twenty thousand to thirty thousand roubles or disqualification for a term up to one year and on legal entities in the amount from five hundred thousand to seven hundred thousand roubles.
5. Failure to satisfy the requirements of federal laws and other regulatory legal acts, adopted in compliance with them, for the form, time or place of holding a general meeting of stockholders (a general meeting of owners of investment shares of a closed unit investment fund), as well as holding of a general meeting of stockholders (a general meeting of owners of investment shares of a closed unit investment fund) in contravention of the form, date, time or place of its holding defined by the joint-stock company's body or persons calling the general meeting of stockholders (the general meeting of owners of investment shares of a closed unit investment fund) -
shall entail the imposition of an administrative fine on citizens in the amount from two thousand to four thousand roubles, on officials in the amount from twenty thousand to thirty thousand roubles or disqualification for a term up to one year and on legal entities in the amount from five hundred thousand to seven hundred thousand roubles.
6. Holding of a general meeting of stockholders (of a general meeting of owners of investment shares of a closed unit investment fund) in the absence of the quorum required for holding it, or consideration of individual items of the agenda thereof in the absence of the required quorum, as well as making changes in the agenda of a general meeting of stockholders (general meeting of owners of investment shares of a closed unit investment fund) after forwarding (serving, publishing) a report on holding the general meeting of stockholders (the general meeting of owners of investment shares of a closed unit investment fund) -
shall entail the imposition of an administrative fine on citizens in the amount from two thousand to four thousand roubles, on officials in the amount from twenty thousand to thirty thousand roubles or disqualification for a term up to one year and on legal entities in the amount from five hundred thousand to seven hundred thousand roubles.
7. Exercising of the functions of the counting commission of a joint-stock company by an improper body (person) or persons elected for inclusion into the counting commission of the joint-stock company in defiance of the requirements of federal laws, or by persons whose term of office has expired -
shall entail the imposition of an administrative fine on citizens in the amount from two thousand to four thousand roubles, on officials in the amount from twenty thousand to thirty thousand roubles or disqualification for a term up to one year and on legal entities in the amount from five hundred thousand to seven hundred thousand roubles.
8. Unlawful refusal of a member of the counting commission of a joint-stock company (of the person exercising the functions thereof) or of the person calling a general meeting of owners of investment shares of a closed unit investment fund to register for participation in a general meeting of stockholders (a general meeting of owners of investment shares of a closed unit investment fund) persons enjoying the right to participate in the general meeting, or failure of the said persons to satisfy the requirements of federal laws and other regulatory legal acts adopted
in compliance with them for counting of votes when voting is held at a general meeting for estimating the voting results, for the content, form or time of drawing up the record of voting results at a general meeting or avoidance by the said persons of signing the said record, as well failure of a member of the counting commission of a joint-stock company (of the person exercising the functions thereof) to satisfy the requirements of federal laws and other regulatory legal acts adopted in compliance with them for the procedure for defining the quorum of a general meeting of stockholders -
shall entail the imposition of an administrative fine on officials in the amount from twenty thousand to thirty thousand roubles or disqualification for a term up to one year and on legal entities in the amount from five hundred thousand to seven hundred thousand roubles.
9. Failure of the chairman or secretary of a general meeting of stockholders (of a general meeting of owners of investment shares of a closed unit investment fund) to satisfy the requirements for the content, form or time of drawing up of the record of a general meeting of stockholders (of a general meeting of owners of investment shares of a closed unit investment fund), as well as avoidance by the said persons of signing the cited record -
shall entail the imposition of an administrative fine on citizens in the amount from one thousand to two thousand roubles, on officials in the amount from ten thousand to twenty thousand roubles or disqualification for a term up to six months.
10. Failure to satisfy the requirements of federal laws and other regulatory legal acts adopted in compliance with them for announcement or bringing to the knowledge of stockholders (owners of investment shares of a closed unit investment fund) of decisions adopted by a general meeting or of voting results -
shall entail the imposition of an administrative fine on officials in the amount from twenty thousand to thirty thousand roubles or disqualification for a term up to one year and on legal entities in the amount from five hundred thousand to seven hundred thousand roubles.
11. An unlawful refusal to call or avoidance of calling a general meeting of participants of a limited (double) liability company, as well as failure to satisfy the requirements of federal laws for the procedure for calling, preparing and holding general meetings of participants of limited (double) liability companies -
shall entail the imposition of an administrative fine on citizens in the amount from two thousand to four thousand roubles, on officials in the amount from twenty thousand to thirty thousand roubles and on legal entities in the amount from five hundred thousand to seven hundred thousand roubles.
Note. A member of the board of directors (supervisory board), the audit commission, the counting commission or liquidation commission of a joint-stock company (limited (double) liability company), who has voted against a decision that led to a failure to satisfy the requirements of federal laws and other regulatory legal acts adopted in compliance with them, shall not be called to account under this Article.
Article 15.24. Abrogated. Article 15.24.1. Unlawful Issuance or Circulation of the Documents Certifying Pecuniary
and Other Obligations An unlawful issuance or circulation of securities or documents certifying pecuniary and
other obligations which are not securities in compliance with the legislation of the Russian Federation, except as provided for by Articles 15.17 and 15.18 of this Code, if these actions do not contain a criminally punishable deed -
shall entail the imposition of an administrative fine on officials in the amount from thirty thousand to fifty thousand roubles or disqualification for a term from one year to two years and on legal entities in the amount from seven hundred thousand to one million roubles.
Article 15.25. Breach of the Currency Legislation of the Russian Federation and Acts of Currency Regulation Bodies
1. The accomplishment of an illegal currency transaction, i.e., the accomplishment of currency transactions prohibited by the currency legislation of the Russian Federation or the accomplishment of currency transactions in breach of the established requirement to use a special account and the reservation requirement and equally the writing-off and/or entry of amounts of money, domestic and foreign securities from a special account and into a special account in breach of the established reservation requirement
- shall cause the imposition of an administrative fine on citizens, officials and juridical persons at a rate from three quarters to the whole sum of the illegal currency transaction, the amount of money or the value of the domestic and foreign securities written-off and/or entered in breach of the established reserve requirement.
2. A breach of the established procedure for opening accounts (deposits) in banks located outside the territory of the Russian Federation
shall cause the imposition of an administrative fine on citizens in the amount of one thousand to one thousand five hundred roubles; on officials in the amount of five thousand to ten thousand roubles; on juridical persons in the amount of fifty thousand to one hundred thousand roubles.
3. A default on the duty to effect a compulsory sale of a portion of foreign currency proceeds, and equally a breach of the established procedure for compulsory sale of a portion of foreign currency proceeds
shall cause the imposition of an administrative fine on officials and juridical persons at a rate from three quarters to the whole sum of currency proceeds not sold in the established procedure.
4. A resident's default on the duty to receive when due into the resident's bank accounts in authorised banks of foreign currency or Russian currency receivable for goods transferred to non-residents, for works performed for non-residents, services provided to nonresidents or for information or results of intellectual activity passed to non-residents, in particular, exclusive rights thereto, -
shall cause the imposition of the administrative fine on the officials and legal entities at a rate of one hundred and fiftieth the refinancing rate of the Central Bank of the Russian Federation from the sum of the money resources credited into the accounts with the empowered banks with the infringement of the established term, per every day of the delay of the transfer of such money resources and (or) at the rate from three fourth to the whole amount of the sum of the money resources that have not been credited to the accounts with the empowered banks.
5. A resident's default on the duty to return when due into the Russian Federation amounts of money paid to non-residents for goods which have not been imported into Russian Federation (not received in the Russian Federation), works which have not been performed, services which have not been provided or information or results of intellectual activity, in particular, exclusive rights thereto which have not been transferred, -
shall cause the imposition of an administrative fine on officials and juridical persons at a rate of from three quarters to the whole amount of money which has not been returned to the Russian Federation.
6. The non-observance of the established the procedure for the presentation of forms of the accountancy and the reporting on the transactions involving foreign currency, and the procedure and (or) the terms of the presentation of reports on the movement of the means on
the accounts (deposits) with banks outside of the territory of the Russian Federation with the confirming bank documents, the infringement of the established procedure of the presentation of the confirming documents and information during the performance of the transactions involving foreign currency, the infringement of the established rules of the registration of the passports of the transactions or the infringement of the established terms of the storage of the registration and accounting documents on the transactions involving foreign currency, the confirming documents and information during the performance of transactions involving foreign currency or passports of transactions -
shall cause the imposition of an administrative fine on officials in the amount of four thousand to five thousand roubles; on juridical persons in the amount of forty thousand to fifty thousand roubles.
6.1. The infringement of the established terms of the presentation of the forms of the accountancy and reporting on the transactions involving foreign currency, confirming documents and the information during the performance of transactions involving foreign currency of no more than ten days -
shall entail a warning or the imposition of the administrative fine upon the officials at the rate from five hundred to one thousand roubles; upon legal entities - from five thousand to fifteen thousand roubles.
6.2. The infringement of the established terms of the presentation of forms of the accountancy and reporting on the transactions involving foreign currency, confirming documents and information during the performance of transactions involving foreign currency of more than ten, but no more than thirty days -
Shall entail the imposition of the administrative fine upon the officials at the rate from two thousand to three thousand roubles; upon legal entities - from twenty thousand to thirty thousand roubles.
6.3. The infringement of the established terms of the presentation of forms of the accountancy and reporting on the transactions involving foreign currency, confirming documents and information during the performance of transactions involving foreign currency of more than for thirty days -
shall entail the imposition of the administrative fine upon the officials at the rate from four thousand to five thousand roubles; upon legal entities - from forty thousand to fifty thousand roubles.
7. A breach of the established procedure for bringing and dispatching Russian currency and domestic securities in documentary form into the Russian Federation and taking and dispatching them out of the Russian Federation, except for the cases envisaged by Articles 16.3 and 16.4 of the present Code -
shall cause the imposition of an administrative fine on citizens in the amount of five hundred to one thousand roubles; on officials from one thousand to two thousand roubles; on juridical persons from five thousand to ten thousand roubles.
Notes: 1. The administrative accountability established for officials by Parts 1, 3, 4 and 5 of the
present article is applicable only to persons pursuing entrepreneurial activity without the formation of a juridical person.
2. The value of domestic and foreign securities shall be assessed as of the day when the administrative offence is committed, according to the rules established by the currency legislation of the Russian Federation for the calculation of reservation amount for a currency
transaction. 3. The translation of foreign currency and also of the value of domestic and foreign
securities into the Russian currency shall be effected at the exchange rate of the Central Bank of the Russian Federation effective as of the day when the administrative offence is committed or detected.
4. The administrative liability established by Part 4 of this article shall not apply to persons that have ensured the entry onto their bank accounts of an insurance compensation under an agreement of risks' insurance against a non-resident's failure to discharge obligations under a foreign trade agreement (contract) in the procedure and at the time which are provided for by an insurance agreement in case of the loss occurrence stipulated by the procedure for exercising the activities involved in the insurance of export credits and investments against business and/or political risks established by the Government of the Russian Federation in compliance with Federal Law No. 82-FZ of May 17, 2007 on the Bank for Development, provided that the value of the ratio of the insured amount and of the insurance value (the insurance indemnity rate) defined by an insurance agreement is equal to the value fixed by the cited procedure or exceeds it.
5. The calculation of the administrative fine established by part 4 of the present article expressed in the amount multiple to the sum of the money resources credited into the accounts with the empowered banks with the infringement of the established term shall be carried out proceeding from the amount of the refinancing rate of the Central Bank of the Russian Federation in effect during the delay.
Article 15.26. Violating the Legislation on Banks and Banking 1. Engagement of a credit organisation in production, trade or insurance - shall entail the imposition of an administrative fine in the amount of forty thousand to fifty
thousand roubles. 2. Failure of a credit organisation to meet the normative standards, established by the
Bank of Russia, and other obligatory requirements - shall entail a warning or the imposition of an administrative fine in the amount of ten
thousand to thirty thousand roubles. 3. The actions provided for by Part 2 of this Article, where they pose a real threat to the
interests of creditors (depositors) - shall entail the imposition of an administrative fine in the amount of forty thousand to fifty
thousand roubles.
Article 15.26.1. Breach of the Legislation on Microfinance A microfinance organisation's breaching the binding provisions established by the
legislation of the Russian Federation on microfinance and microfinance organisations shall cause a warning or imposition of an administrative fine on legal entities in an
amount from 10,000 to 30,000 roubles.
Article 15.27. Failure to Observe the Provisions of the Legislation on Countering the Legalisation of Incomes Received Through Crime (Money Laundering) and the Financing of Terrorism
1. Failure to observe the legislation, as regards organization and/or exercise of internal control, that has not entailed non-presentation of data on the transactions which are subject to mandatory control or on the transactions in respect of which employees of an organization making transactions in monetary assets or other property have a suspicion that they are being
made for the purpose of legalization (laundering) of income received through crime and of financing terrorism, as well as that has entailed the presentation of the cited data to an authorised body with non-observance of the time fixed, except as provided for by Parts 2-4 of this article -
shall cause a warning or the imposition of an administrative fine on officials in an amount from 10,000 to 30,000 roubles and on legal entities from 50,000 to 100,000 roubles.
2. The actions (omission to act) provided for by Part 1 of this article that have entailed non-presentation to an authorized body of data on transactions which are subject to mandatory control, and/or presentation to an authorised body of unreliable data on transactions which are subject to mandatory control, as well as non-presentation of data on transactions in respect of which employees of an organization making transactions in monetary assets or other property have a suspicion that they are being made for the purpose of legalization (laundering) of income received through crime and of financing terrorism -
shall cause the imposition of an administrative fine on officials in an amount from 30,000 to 50,000 roubles and on legal entities in the amount from 200,000 to 400,000 roubles or an administrative suspension of activities for a term up to sixty days.
3. Impeding by an organisation making transactions in monetary assets or other property the conduct of inspections by an authorised or appropriate supervisory body or failure to follow the directions issued by these bodies for the purpose of counteracting legalization (laundering) of income received through crime and financing of terrorism
- shall cause the imposition of an administrative fine on officials in the amount from 30,000 to 50,000 roubles or disqualification for a term from one year to two years and on legal entities in the amount from 700,000 to 1 000,000 roubles or an administrative suspension of activities for a term up to ninety days.
4. Failure of an organisation making transactions in monetary assets or other property or of the officials thereof to observe the legislation on counteracting legalisation (laundering) of income received through crime and financing of terrorism that has entailed legalisation (laundering) of income received through crime and financing of terrorism established by an effective court sentence, if these actions (omission to act) do not contain a criminal deed -
shall cause the imposition of an administrative fine on officials in the amount from 30,000 to 50,000 roubles or disqualification for a term from one year to three years and on legal entities in the amount from 500,000 to 1 000,000 roubles or an administrative suspension of activities for a term up to ninety days.
Notes: 1. The administrative liability established in respect of officials by this article shall not apply to citizens engaged in business activities without forming a legal entity.
2. The employees of an organisation making transactions in monetary assets or other property whose duties include the detection and/or presentation of data on transactions which are subject to mandatory control or on the transactions in respect of which there is a suspicion that they are being made for the purpose of legalization (laundering) of income received through crime and of financing terrorism shall be held liable for the administrative offences provided for by Parts 1 and 2 of this article similarly as officials.
Article 15.28. Breaking the Rules for Acquisition of over 30 Per Cent of Stocks of an Open Joint-Stock Company
The breaking by the person, that has acquired over 30 per cent of stocks of an open joint-stock company, of the rules for acquisition thereof
- shall entail imposition of an administrative fine upon individuals in the amount of one thousand to two thousand five hundred roubles, upon officials in the amount of five thousand to twenty thousand roubles and upon legal entities in the amount of fifty thousand to five hundred
thousand roubles.
Article 15.29. Failure to Satisfy the Requirements of the Legislation of the Russian Federation Concerning the Activities of Professional Participants in the Securities Market, Clearing Organisations, the Persons Exercising the Functions of the Central Contractor, of Joint-Stock Investment Funds, Non-Governmental Pension Funds, Management Companies of Joint-Stock Investment Funds, Unit Investment Funds or Non-Governmental Pension Funds, of Specialised Custodians of Joint-Stock Investment Funds, Unit Investment Funds or Non- Governmental Pension Funds
1. Failure of a professional participant in the securities market, a clearing organisation, a joint-stock investment fund, the management company of a joint-stock investment fund, unit investment fund or non-governmental pension fund, or of a specialized custodian of a joint-stock investment fund, unit investment fund or non-governmental pension fund to satisfy the requirements established by federal laws and other regulatory legal acts of the Russian Federation for separate accounting of their own assets (property) and clients' assets (property) -
shall entail the imposition of an administrative fine on officials in the amount from thirty thousand to fifty thousand roubles or disqualification for a term from one year to two years and on legal entities in the amount from seven hundred thousand to one million roubles.;
2. Failure of a professional participant in the securities market engaged in brokering and dealing activities or the activity of securities' management to follow the rules for keeping records and for drawing up reports/statements -
shall entail the imposition of an administrative fine on officials in the amount from twenty thousand to thirty thousand roubles or disqualification for a term up to one year and on legal entities in the amount from five hundred thousand to seven hundred thousand roubles.
3. Making by a professional participant in the securities market engaged in broker's activities or the activity of securities management transactions which involve acquisition of securities and property rights intended for qualified investors on account of a person which is not a qualified investor, or issuance by the management company of a unit investment fund of investment shares intended for qualified investors to a person which is not a qualified investor, or unlawful recognition of a person as a qualified investor -
shall entail the imposition of an administrative fine on officials in the amount from thirty thousand to fifty thousand roubles or disqualification for a term from one year to two years and on legal entities in the amount from seven hundred thousand to one million roubles.
4. Failure of a professional participant in the securities market engaged in broker's activities to satisfy the requirements for making marginal transactions established by federal laws and other regulatory legal acts of the Russian Federation-
shall entail the imposition of an administrative fine on officials in the amount from twenty thousand to thirty thousand roubles or disqualification for a term up to one year and on legal entities in the amount from five hundred thousand to seven hundred thousand roubles.
5. Failure to satisfy the requirements for the composition of assets of joint-stock investment funds or unit investment funds established by regulatory legal acts of the Russian Federation and the investment declaration of a joint-stock investment fund or unit investment fund, or failure to eliminate violations in the structure of assets of joint-stock investment funds or unit investment funds -
shall entail the imposition of an administrative fine on officials in the amount from twenty thousand to thirty thousand roubles or disqualification for a term up to one year and on legal entities in the amount from five hundred thousand to seven hundred thousand roubles.
6. Failure of the management company of a joint-stock investment fund or unit
investment fund to observe the restrictions concerning activities thereof that are provided for by federal laws and other regulatory legal acts of the Russian Federation -
shall entail the imposition of an administrative fine on officials in the amount from thirty thousand to fifty thousand roubles or disqualification for a term from one year to two years and on legal entities in the amount from seven hundred thousand to one million roubles.
7. Failure to discharge or improper discharge by the specialized custodian of a joint-stock investment fund, unit investment fund or non-governmental pension fund of the duties involving property registration and storage, as well as the exercise of control over property's disposal established by federal laws and other regulatory legal acts of the Russian Federation, except as provided for by Part 8 of this Article -
shall entail the imposition of an administrative fine on officials in the amount from twenty thousand to thirty thousand roubles or disqualification for a term up to one year and on legal entities in the amount from five hundred thousand to seven hundred thousand roubles.
8. Failure to forward or to forward in due time by the specialized custodian of a joint-stock investment fund, unit investment fund or non-governmental pension fund a notice to the federal executive body in charge of financial markets in respect of the violations detected in the course of exercising control -
shall entail the imposition of an administrative fine on officials in the amount from twenty thousand to thirty thousand roubles and on legal entities in the amount from five hundred thousand to seven hundred thousand roubles.
9. Impeding by a professional participant in the securities market, a clearing organisation, the person exercising the functions of the central contractor, a joint-stock investment fund, a non-governmental pension fund, the management company of a joint-stock investment fund, unit investment fund or non-governmental pension fund, or by a specialized depository of a joint-stock investment fund, unit investment fund or non-governmental pension fund inspections held by the federal executive body in charge of financial markets, or failure to discharge, or improper discharge of, orders of the federal executive body in charge of financial markets -
shall entail the imposition of an administrative fine on officials in the amount from thirty thousand to fifty thousand roubles or disqualification for a term from one year to two years and on legal entities in the amount from seven hundred thousand to one million roubles.
10. Failure of a non-governmental pension fund to observe the composition of the assets into which pension reserves are placed (pension savings are invested) or the structure of pension reserves (of the assets into which pension savings are invested), to satisfy the requirements for forming and use of the insurance reserve of the non-governmental pension fund, failure to observe the normative standard of the insurance reserve, use of pension reserves (of pension savings) for an improper purpose or delay in paying pensions or making payments to legal successors (in particular, incorrect estimation of payments) -
shall entail the imposition of an administrative fine on officials in the amount from twenty thousand to thirty thousand roubles and on legal entities in the amount from five hundred thousand to seven hundred thousand roubles.
11. Failure to observe the restrictions established by federal laws and other regulatory legal acts adopted in compliance with them, in respect of combining professional kinds of activities in the securities market, the activity of a clearing organisation, the person exercising the functions of the central contractor, of a joint-stock investment fund, the management company of a joint-stock investment fund, unit investment fund or non-governmental pension fund or of the specialized custodian of a joint-stock investment fund, unit investment fund or non-governmental pension fund with other kinds of activity -
shall entail the imposition of an administrative fine on officials in the amount from thirty
--
thousand to fifty thousand roubles or disqualification for a term from one year to two years and on legal entities in the amount from seven hundred thousand to one million roubles.
12. Any other failure of a professional participant in the securities market, of a clearing organisation, or a person exercising the functions of the central contractor, of a joint-stock investment fund, a non-governmental pension fund, the management company of a joint-stock investment fund, unit investment fund or non-governmental pension fund, or of a specialized depository of a joint-stock investment fund, unit investment fund or non-governmental pension fund, when they exercise appropriate kinds of activities, to satisfy the requirements for these activities established by the legislation, except as provided for by Parts 1-11 of this Article, Articles 13.25, 15.18-15.20, 15.22, 15.23.1, 15.24.1, 15.30 and 19.7.3 of this Code -
shall entail the imposition of an administrative fine on citizens in the amount from one thousand to three thousand roubles, on officials in the amount from ten thousand to twenty thousand roubles and on legal entities in the amount from three hundred thousand to five hundred thousand roubles.
Article 15.30. Market Manipulation Market manipulation, unless this action contains an act punishable under the criminal law
shall cause the imposition of an administrative fine on citizens in an amount from 3,000 to 5,000 roubles; on officials from 30,000 to 50,000 roubles or disqualification for a term from one year to two years; on legal entities in the amount of the sum of excessive income or the sum of the losses avoided by the citizen, official or legal entity as the result of the market manipulation but in any case not below 700,000.
Article 15.31. Unlawful Use of the Words "Investment Fund" or of Word Combinations Formed on the Basis of Them
Unlawful use of the words "joint-stock investment fund", "investment fund" or "unit investment fund" or of the word combinations formed on the basis of them -
shall entail the imposition of an administrative fine on officials in the amount from ten thousand to twenty thousand roubles and on legal entities in the amount from three hundred thousand to five hundred thousand roubles.
Article 15.32. Failure to Observe the Registration Time Established by the Legislation of the Russian Federation on Obligatory Social Insurance
A failure to observe by insurants the time for registration with bodies of state extra-budget funds fixed by the legislation of the Russian Federation on obligatory social insurance -
shall entail the imposition of an administrative fine on officials in the amount from five hundred to one thousand roubles.
Article 15.33. Failure to Observe the Procedure and Time for Submitting Documents and/or Other Data to Bodies of State Off-Budget Funds Established by the Legislation of the Russian Federation on Obligatory Social Insurance
1. A failure to observe the time for presenting to bodies of state off- budget funds of information about opening or closing an account opened with a bank or any other credit institution which is fixed by the legislation of the Russian Federation on insurance contributions -
shall entail the imposition of an administrative fine on officials in the amount from one thousand to two thousand roubles.
2. A failure to observe the time for presenting an estimate of charged and paid insurance contributions fixed by the legislation of the Russian Federation on insurance contributions to bodies of state off-budget funds exercising control over payment of insurance contributions -
shall entail the imposition of an administrative fine on officials in the amount from three hundred to five hundred roubles.
3. The failure to present at the time fixed by the legislation of the Russian Federation or the refusal to present to the bodies of state off-budget funds exercising control over payment of insurance contributions, as well as to the officials thereof, properly drawn-up documents and/or other data required for exercising control over the correctness of calculation, completeness and timeliness of payment (remittance) of insurance contributions for obligatory social insurance, and also the presentation of incomplete or distorted data of such kind -
shall entail the imposition of an administrative fine on officials in the amount from three hundred to five hundred roubles.
4. The failure to present at the time fixed by the legislation of the Russian Federation on insurance contributions or the refusal to present to the body of a state off-budget fund exercising control over the correctness of payment of obligatory social coverage under obligatory social insurance in case of temporary disability and in connection with motherhood, as well as to the officials thereof, properly drawn-up documents and/or any other data required for exercising control over the correctness of paying the insurance coverage under obligatory social insurance in case of temporary disability and in connection with motherhood, and also the presentation of incomplete or distorted information of such kind -
shall entail the imposition of an administrative fine on officials in the amount from three hundred to five hundred roubles.
Note. The administrative liability established in respect of officials by Parts 2, 3 and 4 of this Article shall apply to the persons cited in Article 2.4 of this Code, except for the citizens engaged in business activities without forming a legal entity.
Article 15.34. Non-Disclosure of an Insured Event The non-disclosure by an insurant of an insured event under obligatory social insurance
against industrial accidents and professional illnesses- shall entail the imposition of an administrative fine upon citizens in the amount from three
hundred to five hundred roubles, upon officials in the amount from five hundred to one thousand roubles and upon legal entities in the amount from five thousand to ten thousand roubles.
Chapter 16. Administrative Offences in the Field of the Customs Business (Infringement of Customs Rules)
Article 16.1. Illegal Transportation Across the Customs Border of the Customs Union of the Goods and (or) Vehicles of the International Transportation
1. Infringement of the procedure of the arrival of the goods and (or) vehicles of the international transportation to the customs territory of the Customs union by way of their importation outside of the places of transportation of the goods across the customs border of the Customs union or other member states established by the legislation of the Customs union of places or outside the operating time of the customs bodies or commission of actions directly aimed at the actual crossing of the customs border of the Customs union by the goods and (or) vehicles of the international transportation during their departure from the customs territory of the Customs union outside of the places of transportation of the goods across the customs border of the Customs union or other places established by the legislation of the member states of the Customs union or beyond the operating time of the customs bodies or without the
permission of the customs body, - shall entail imposition of an administrative fine on citizens and legal entities in an amount
from one half to three times the amount of the cost of the goods or vehicles that were the objects of the administrative offence, with their confiscation or without such or confiscation of the objects of the administrative offence; on officials - from ten thousand to twenty thousand roubles.
2. Concealment of the goods from the customs control by the use of hiding places or other methods complicating the detection of the goods, or by giving to some goods of the appearance of other goods during their movement across the customs border of the Customs union -
shall entail imposition of an administrative fine on citizens and legal entities in an amount from one half to three times the amount of the cost of the goods that were the objects of the administrative offence, with their confiscation or without such or confiscation of the goods and (or) vehicles that became the instruments of the administrative offence; or confiscation of the objects of the administrative offence; on officials - from ten thousand to twenty thousand roubles.
3. The communication to the customs body of inaccurate information on the number of the cargo packages, about their markings, about their name, gross weight and (or) about the volume of the goods during the arrival on the customs territory of the Customs union, departure from customs territory of the Customs union or the placement of the goods under the customs procedure of customs transit or to the warehouse of the temporary storage by presentation of invalid documents or the use for such purposes of counterfeit means of identification or the original means of identification relating to other goods and (or) to vehicles, -
shall entail imposition of an administrative fine on citizens in an amount from one thousand to two thousand five hundred roubles with the confiscation of the goods the object of the administrative offence or without such or the confiscation of the objects of the administrative offence; on officials - from five thousand to ten thousand roubles, on legal entities from fifty thousand to one hundred thousand roubles with the confiscation of the goods that became the object of the administrative offence.
4. Presentation to the customs body of invalid documents on the goods during the arrival on the customs territory of the Customs union, departure from customs territory of the Customs union or the placement of the goods under the customs procedure of customs transit or to the warehouse of temporary storage if such documents could form the basis for the non-observance of interdictions and restrictions established by the international treaties of the member states of the Customs union, decisions of the Commission of the Customs union and the normative legal acts of the Russian Federation promulgated in accordance with international treaties of the member states of the Customs union, except for measures of non-tariff regulation, -
shall entail the imposition of an administrative fine on citizens in an amount from one thousand five hundred to two thousand five hundred roubles; on officials - from ten thousand to twenty thousand roubles; on legal entities - from fifty thousand to one hundred thousand roubles.
Notes: 1. For the administrative offences envisaged by the present chapter the persons who
perform the entrepreneurial activity without the formation of the legal entity bear administrative responsibility as legal entities.
2. For the purposes of the application of the present chapter invalid documents shall be understood as counterfeit documents, documents received in an illegal way, documents containing inaccurate information, documents relating to other goods and (or) to vehicles, and other documents that do not have the legal force.
Article 16.2. Non-declaring or Misleading Declaring of the Goods 1. Non-declaring under the established form of the goods that are subject to customs
declaring, except for the cases envisaged by Article 16.4 of the present Code, - shall entail the imposition of an administrative fine on citizens and legal entities in the
amount of one half to two times the amount of the value of the goods that formed the object of the administrative offence with their confiscation or without such or the confiscation of the objects of the administrative offence; on officials - from ten thousand to twenty thousand roubles.
2. The statement by the declarant or the customs representative during the customs declaring of the goods of inaccurate information about their name, description, classification code under the uniform Commodity nomenclature of foreign trade activities of the Customs union, about the country of origin, about their customs cost or other information if such information formed or could form the basis for the exemption of payment of the customs duties, taxes or for understating of their amount, -
shall entail the imposition of an administrative fine on citizens and legal entities in the amount of one half to double the sum of the customs duties subject to payment, taxes with the confiscation of the goods that were the subjects of an administrative offence, or without such or the confiscation of the objects of the administrative offence; on officials - from ten thousand to twenty thousand roubles.
3. The statement by the declarant or the customs representative during the customs declaring of the goods of inaccurate information on the goods or representation of invalid documents if such information or documents could form the basis for non-observance of
interdictions and restrictions established by the international treaties of the member states of the Customs union, decisions of the Commission of the Customs union and the normative legal acts of the Russian Federation enacted according to the international treaties of the member states of the Customs union, -
shall entail the imposition of an administrative fine on citizens in the amount from one thousand five hundred to two thousand five hundred roubles with confiscation of the goods that were the objects of the administrative offence, or without such or confiscation of objects of the administrative offence; on officials - from ten thousand to twenty thousand roubles; on legal entities - from one hundred thousand to three hundred thousand roubles with the confiscation of the goods that were objects of the administrative offence, or without such or confiscation of objects of the administrative offence.
Article 16.3. Non-observance of Interdictions and (or) Restrictions on Importation of Goods to the Customs Territory of the Customs Union or to the Russian Federation and (or) Exportation of Goods from the Customs Territory of the Customs Union or from the Russian Federation
1. The non-observance of the interdictions and restrictions established by the international treaties of the states members of the Customs union, decisions of the Commission of the Customs union and the normative legal acts of the Russian Federation enacted according to the international treaties of the member states of the Customs union, except for measures of non- tariff regulation, on the importation of goods on the customs territory of the Customs union or to the Russian Federation and (or) exportation of the goods from the customs territory of the Customs union or from the Russian Federation, except for the cases envisaged by part 4 of Article 16.1, part 3 Articles of 16.2 of the present Code, -
shall entail the imposition of an administrative fine on citizens in the amount from one thousand five hundred to two thousand five hundred roubles; on officials - from ten thousand to twenty thousand roubles; on legal entities - from one hundred thousand to three hundred
thousand roubles. 2. The non-observance of the measures established by the international treaties of the
member states of the Customs union, decisions of the Commission of the Customs union and the normative legal acts of the Russian Federation enacted according to the international treaties of the member states of the Customs union of non-tariff regulation during the importation of goods on the customs territory of the Customs union or to the Russian Federation and (or) during the exportation of the goods from the customs territory of the Customs union or from the Russian Federation, except for the cases envisaged by part 3 of Article 16.2 of the present Code, -
shall entail the imposition of an administrative fine on citizens in the amount from one thousand to two thousand roubles with confiscation of the goods that were the objects of the administrative offence, or without such or the confiscation of the objects of the administrative offence; on officials - from five thousand to ten thousand roubles; on legal entities - from fifty thousand to one hundred thousand roubles with the confiscation of the goods that were the objects of the administrative offence, or without such or confiscation of objects of the administrative offence.
Article 16.4. Non-declaring or Misleading Declaring by Natural Persons of a Foreign Currency or the Currency of the Russian Federation
Non-declaring or misleading declaring by natural persons of a foreign currency, the currency of the Russian Federation, traveler's cheques or external or internal securities in the documentary form, moved across the customs border of the Customs union and subject to the written declaring, -
shall entail the imposition of an administrative fine on citizens in the amount from one thousand to two thousand five hundred roubles.
Article 16.5. Infringement of the Regime of the Zone of the Customs Control Transportation of the goods and (or) vehicles or persons, including the officials of the
state bodies, except for the officials of customs bodies, across the border of the zone of the customs control or in its limits or the performance of industrial or other economic activity without the permission of the customs body if such permission is obligatory, -
shall entail a warning or the imposition of the administrative fine on citizens in the amount of three hundred to five hundred roubles; on officials - from five hundred roubles to one thousand roubles; on legal entities - from five thousand to ten thousand roubles.
Article 16.6. Failure to Take Measures in Case of an Emergency or the Force Majeure Circumstances
1. Failure by a carrier in case of emergency, the force majeure circumstances or occurrence of other developments preventing the delivery of goods and (or) vehicles to the place of arrival or the place of the crossing of the customs border of the Customs union, to the performance of a stop or landing of water or aerial vehicle at the established places or the transportation of the goods according to customs transit, measures to ensure safety of the goods and (or) vehicles, except for the cases of irrevocable loss of the goods and (or) vehicles owing to circumstances that the carrier could not prevent and the elimination of which did not depend on it, -
shall entail the imposition of an administrative fine on citizens in the amount from one thousand five hundred roubles to two thousand roubles; on officials - from three thousand to four thousand roubles; on legal entities - from thirty thousand to forty thousand roubles.
2. Failure by the carrier to inform the nearest customs body about the emergency, about the force majeure circumstances or about occurrence of other developments preventing the
delivery of the goods and (or) vehicles to the place of arrival or in the place of the crossing of the customs border of the Customs union, to the performance of a stop or landing of a water or aerial vehicle at the established places or the transportation of the goods according to customs transit, about the place of the location of the goods and (or) vehicles or failure to ensure the transportation of the goods and (or) vehicles to the nearest customs body or to another place indicated by the customs body -
shall entail the imposition of an administrative fine on citizens in the amount of three hundred to five hundred roubles; on officials - from five hundred roubles to one thousand roubles; on legal entities - from five thousand to ten thousand roubles.
Article 16.7. Presentation of Invalid Documents During the Performance of Customs Operations
Presentation by the declarant or another person to the customs representative or another person of documents for their presentation to the customs body during the fulfillment of customs operations resulting in the statement to the customs body by the customs representative or another person of inaccurate information on the goods and (or) non-observance of interdictions and restrictions established by international treaties of the member states of the Customs union, decisions of the Commission of the Customs union and the normative legal acts of the Russian Federation enacted according to the international treaties of the member states of the Customs Union, -
shall entail the imposition of an administrative fine on citizens in the amount from one thousand five hundred to two thousand five hundred roubles with confiscation of the goods that were the objects of the administrative offence, or without such or confiscation of the objects of the administrative offence; on officials - from ten thousand to twenty thousand roubles; on legal entities - from one hundred thousand to three hundred thousand roubles with confiscation of the goods that were the objects of the administrative offence, or without such or the confiscation of objects of the administrative offence.
Article 16.8. Mooring to a Water Vessel or Another Floating Craft Being under the Customs Control
Mooring to a water vessel or another floating craft being under the customs control, except for cases when such a mooring is allowed, -
shall entail the imposition of an administrative fine on citizens in the amount of five hundred roubles to one thousand roubles; on officials - from one thousand to two thousand roubles; on legal entities - from ten thousand to twenty thousand roubles.
Article 16.9. Nondelivery, the Issuance (Transfer) Without the Permission of the Customs Body or Loss of the Goods or Non-delivery of Documents Thereto
1. Non-delivery of the goods transported according to customs transit, to the place of delivery or the issuance (transfer) without the permission of the customs body or loss of the goods that are under the customs control, -
shall entail the imposition of an administrative fine on citizens in the amount from one thousand five hundred to two thousand five hundred roubles with confiscation of the goods that were the objects of the administrative offence, or without such; on officials - from ten thousand to twenty thousand roubles; on legal entities - from three hundred thousand to five hundred thousand roubles with confiscation of the goods that were the objects of the administrative offence, or without such.
2. Non-delivery of customs, commercial or transport (shipping) documents for the goods transported according to customs transit, to the place of delivery -
shall entail the imposition of an administrative fine on citizens in the amount of three
hundred to five hundred roubles; on officials - from five hundred roubles to one thousand; on legal entities - from five thousand to ten thousand roubles.
Article 16.10. Non-observance of the Procedure of the Customs Transit Non-observance by the carrier of the time period of the customs transit established by
the customs body or the route of transportation of the goods defined by the customs body or the delivery of the goods in the zone of the customs control that is distinct from the one defined by the customs body as a place of delivery, -
shall entail a warning or the imposition of an administrative fine on citizens in the amount of three hundred to five hundred roubles; on officials - from five hundred roubles to one thousand; on legal entities - from five thousand to ten thousand roubles.
Article 16.11. Destruction, Removal, Alteration or Replacement of the Means of Identification
Destruction, removal, alteration or replacement of the means of identification used by the customs body without the permission of the customs body or damage to, or loss of, such means of identification -
shall entail the imposition of an administrative fine on citizens in the amount of three hundred roubles to one thousand roubles; on officials - from five hundred roubles to two thousand roubles; on legal entities - from five thousand to twenty thousand roubles.
Article 16.12. Non-observance of the Time Period of Submitting the Customs Declaration or of the Presentation of Documents and Information
1. Non-observance of the established time periods for submitting the complete customs declaration during the temporary periodic customs declaring, the resulting declaration on the goods in declaring of the goods in non-assembled or a disassembled state or the customs declaration and (or) the necessary documents and information during the release of the goods before the submission of the customs declaration -
shall entail the imposition of an administrative fine on officials in the amount of three thousand to five thousand roubles; on legal entities - from ten thousand to fifty thousand roubles.
2. The submission of the customs declaration with the infringement of established time periods in cases if the declaring is carried out after the actual exportation of the goods, -
shall entail the imposition of an administrative fine on officials in the amount of five thousand to ten thousand roubles; on legal entities - from fifty thousand to one hundred thousand roubles.
3. The failure to submit in the course of the time period established by the customs body of documents and information necessary for carrying out of the customs control, -
shall entail the imposition of an administrative fine on citizens in the amount from one thousand to two thousand five hundred roubles; on officials - from ten thousand to twenty thousand roubles; on legal entities - from one hundred thousand to three hundred thousand roubles.
4. Non-observance of the term of submitting the customs declaration on the goods that were instruments, means of the commission or objects of the administrative offence or a crime, -
shall entail the imposition of an administrative fine on citizens in the amount from one thousand to two thousand roubles; on officials - from three thousand to five thousand roubles; on legal entities - from ten thousand to fifty thousand roubles.
5. The non-compliance by persons, i.a. carrying out the activity in the sphere of the customs business, with the duty on safekeeping of the documents necessary for carrying out of the customs control the safekeeping of which is obligatory, -
shall entail the imposition of an administrative fine on officials in the amount of two thousand five hundred roubles to five thousand; on legal entities - from two hundred thousand to three hundred thousand roubles.
Article 16.13. Performance of Cargo or Other Operations with the Goods That Are under the Customs Control, without the Permission or Notification of the Customs Body
1. Performance of operations of unloading, loading, disembarkation, transshipment (shiftment) or other cargo operations with the goods that are under the customs control, sampling and taking of samples of such goods, opening of premises or other places where such goods may be situated, or the replacement of the vehicle of the international transportation of the goods, being under the customs control, without the permission of the customs body in cases if such permission is obligatory, -
shall entail the imposition of an administrative fine on citizens in the amount of five hundred roubles to one thousand roubles; on officials - from one thousand to two thousand roubles; on legal entities - from ten thousand to twenty thousand roubles.
2. The performance of operations of unloading, transshipment (shiftment) or other cargo operations with the goods that are under the customs control, or replacement of the transport facility of the international transportation of the goods, being under the customs control, without the notification of the customs body in cases when such a notice is obligatory, -
shall entail the imposition of an administrative fine on citizens in the amount of three hundred to five hundred roubles; on officials - from five hundred roubles to one thousand roubles; on legal entities - from five thousand to ten thousand roubles.
Article 16.14. Infringement of the Procedure of the Placement of the Goods on Storage, of the Procedure of Their Storage or the Procedure of the Performance of Operations with Them
Infringement of the established requirements and conditions of the placement of the goods to a customs warehouse, a warehouse of the temporary storage, to another place of temporary storage or to a free warehouse, according to the procedure of their storage or the procedure of the performance with the goods that are under the customs control of operations without the permission of the customs body in cases when such a permission is obligatory, except for the cases envisaged by other articles of the present chapter, -
shall entail the imposition of an administrative fine on citizens in the amount of five hundred to one thousand five hundred roubles; on officials - from two thousand to ten thousand roubles; on legal entities - from five thousand to twenty thousand roubles.
Article 16.15. The Failure to Submit Reporting to the Customs Body The failure to submit or the infringement of the time period of the presentation to the
customs body of the reporting in cases envisaged by the customs legislation of the Customs union and (or) the legislation of the Russian Federation about customs business, or presentation of the reporting containing inaccurate information, -
shall entail a warning or the imposition of an administrative fine on officials in the amount of two thousand to five thousand roubles; on legal entities - from twenty thousand to fifty thousand roubles.
Article 16.16. Infringement of the Time Periods of the Temporary Storage of Goods Infringement of the time periods of the temporary storage of goods - shall entail the imposition of an administrative fine on citizens in the amount from one
thousand five hundred to two thousand five hundred roubles with confiscation of the goods that were the objects of the administrative offence, or without such; on officials - from ten thousand
to twenty thousand roubles; on legal entities - from fifty thousand to one hundred thousand roubles with the confiscation of the goods that were objects of the administrative offence, or without such.
Article 16.17. Presentation of Invalid Documents for the Release of the Goods Before the Submission of the Customs Declaration
Presentation of invalid documents for the release of the goods before the submission of the customs declaration if the information contained in such documents influences the making by the customs body of the decision on the release of the goods before the submission of the customs declaration, -
shall entail the imposition of an administrative fine on officials in the amount of ten thousand to twenty thousand roubles; on legal entities - from fifty thousand to one hundred thousand roubles.
Article 16.18. Failure to Ship or Failure of the Return Importation of the Goods and (or) Vehicles by Natural Persons
1. Failure to ship from the customs territory of the Customs union by natural persons of temporarily imported goods and (or) vehicles during the established time periods of the temporary import -
shall entail the imposition of an administrative fine on citizens in the amount from one thousand five hundred to two thousand five hundred roubles with the confiscation of the goods and (or) vehicles that were the objects of the administrative offence, or without such or the confiscation of the objects of the administrative offence.
2. Failure by natural persons of the return importation to the Russian Federation of the goods temporarily taken out that are subject to the obligatory return importation according to the legislation of the Russian Federation, -
shall entail the imposition of an administrative fine on citizens in the amount of the cost of the goods that were the objects of the administrative offence.
Article 16.19. Non-observance of the Customs Procedure 1. The statement in the declaration on the goods of inaccurate information thereon or the
presentation of invalid documents if such information and documents could form the basis for the placement of the goods under the customs procedure providing for the full or partial exemption from the payment of the customs duties, taxes or the return of the paid sums and (or) non-application of the measures of non-tariff regulation, except for the cases envisaged by parts 3 and 4 of Article 16.1, parts 2 and 3 of Article 16.2, Article 16.17 of the present Code, -
shall entail the imposition of an administrative fine on citizens in the amount from one thousand five hundred to two thousand five hundred roubles with the confiscation of the goods that were the objects of the administrative offence, or without such or confiscation of objects of the administrative offence; on officials - from five thousand to twenty thousand roubles; on legal entities - from one hundred thousand to five hundred thousand roubles with the confiscation of the goods that were the objects of the administrative offence, or without such or the confiscation of the objects of the administrative offence.
2. Using or the disposition of the goods in violation of the customs procedure under which they are placed, including the transfer of the right of the employment of the customs procedure by means of transfer in relation to the goods of the rights of possession, use or disposition if so doing is allowed according to the customs procedure to other person without the permission of the customs body if such a permission is obligatory, -
shall entail the imposition of an administrative fine on citizens in the amount from one thousand five hundred to two thousand five hundred roubles with the confiscation of the goods
that were the objects of the administrative offence, or without such or the confiscation of the objects of the administrative offence; on officials - from ten thousand to twenty thousand roubles; on legal entities - from the same sum to the double-size fine of the cost of the goods that were the objects of the administrative offence, with their confiscation or without such or the confiscation of the objects of the administrative offence.
3. failure to conclude the customs procedure in the established time periods in relation to which the requirement about its conclusion is established, -
shall entail the imposition of an administrative fine on citizens in the amount from one thousand to two thousand roubles; on officials - from ten thousand to twenty thousand roubles; on legal entities - from one hundred thousand to three hundred thousand roubles with the confiscation of the goods that were the objects of the administrative offence, or without such or the confiscation of the objects of the administrative offence.
Article 16.20. Illegal Use or Disposition of the Conditionally Released Goods or the Illegal Use of the Seized Goods
1. Using the conditionally released goods, their transfer to the possession or to employment, the sale of the conditionally released goods or the disposition thereof in a different way in the infringement of the established interdictions and (or) restrictions on the use and disposition of such goods, except for the cases envisaged by part 2 of Article 16.19 of the present Code, -
shall entail the imposition of an administrative fine on citizens in the amount from one thousand five hundred to two thousand five hundred roubles; on officials - from ten thousand to twenty thousand roubles; on legal entities - from the same sum to the double-size fine of the cost of the goods that were the objects of the administrative offence, with their confiscation or without such or the confiscation of the objects of the administrative offence.
2. The use of the goods upon which during the carrying out of the customs control the seizure was imposed, without the permission of the customs body -
shall entail the imposition of an administrative fine on officials in the amount of five thousand to ten thousand roubles; on legal entities - from ten thousand to thirty thousand roubles.
Article 16.21. Illegal Use of the Goods, Their Acquisition, Storage or Transportation Using the goods that were illegally moved across the customs border of the Customs
union and in relation to which the customs duties, taxes were not paid or interdictions and restrictions established by the international treaties of the member states of the Customs union, decisions of the Commission of the Customs union and the normative legal acts of the Russian Federation enacted according to the international treaties of the member states of the Customs union were not observed, or the goods that were released, including the goods that were conditionally released, according to the customs procedure the use of which goods, their transfer to possession or to use or disposition of which in different ways was admitted in the infringement of the established interdictions and (or) restrictions, as well as the acquisition, storage or transportation of such goods -
shall entail the imposition of an administrative fine on officials in the amount of ten thousand to twenty thousand roubles; on legal entities - from one half to the double size the cost of the goods that were the objects of the administrative offence, with their confiscation or without such or the confiscation of the objects of the administrative offence.
Article 16.22. Infringement of the Time Periods of the Discharge of Customs Payments Infringement of the time periods of the payment of the customs duties, taxes that are
subject to payment in connection with the movement of the goods across the customs border of
the Customs union, - shall entail the imposition of an administrative fine on citizens in the amount of five
hundred to two thousand five hundred roubles; on officials - from five thousand to ten thousand roubles; on legal entities - from fifty thousand to three hundred thousand roubles.
Article 16.23. Illegal Performance of the Activity in the Field of the Customs Business 1. Performance of the customs operations on behalf of the declarant or other interested
persons by the person not included in the register of customs representatives, or included in the aforementioned register on the basis of invalid documents, or excluded therefrom, except for the cases when the duty on the performance of customs operations arose before the deletion of the customs representative from the aforementioned register or if the customs legislation of the Customs union and (or) the legislation of the Russian Federation on the customs business granted the right to the performance of customs operations without the requirement about the inclusion of the person in the register of the customs representatives, -
shall entail the imposition of an administrative fine on citizens in the amount from one thousand five hundred to two thousand five hundred roubles; on officials - from two thousand to five thousand roubles; on legal entities - from ten thousand to fifty thousand roubles.
2. The performance of the activity as the customs carriers, authorised economic operators, owners of duty free shops, warehouses of temporary storage or customs warehouses by the persons included in the corresponding register on the basis of invalid documents or excluded from the registers of persons carrying out the activity in the sphere of the customs business, except for cases when the performance of such activity is connected with the termination of customs operations, the duty on the performance of which arose before the deletion of the person from the corresponding register, -
shall entail the imposition of an administrative fine on officials in the amount of two thousand to five thousand roubles; on legal entities - from ten thousand to fifty thousand roubles.
3. Failure to notify or the infringement of the time period of the notification of the customs body about the change of the information indicated in the statement for the inclusion in one of the registers of persons carrying out activity in the sphere of the customs business, or about the stay of the activity of the aforementioned persons -
shall entail a warning or the imposition of the administrative fine on officials in the amount of one hundred to five hundred roubles; on legal entities - from two thousand to ten thousand roubles.
Article 16.24. Illegal Operations with Temporarily Imported Vehicles 1. The use of the temporarily imported vehicles of the international transportation in
internal transportations on the customs territory of the Customs union or their transfer to the possession or use, sale or their disposition in a different way in infringement of the established restrictions on the use and disposition of such vehicles -
shall entail the imposition of an administrative fine on citizens in the amount from one thousand five hundred to two thousand five hundred roubles; on officials - from five thousand to twenty thousand roubles; on legal entities - from fifty thousand to three hundred thousand roubles.
2. The transfer of the right of use or other disposition of the temporarily imported vehicles by natural persons without the observance of the conditions established by the customs legislation of the Customs union, -
shall entail the imposition of an administrative fine on citizens in the amount from one thousand five hundred to two thousand five hundred roubles with the confiscation of the vehicles that were the objects of the administrative offence, or without such or the confiscation
of the objects of the administrative offence.
Chapter 17. Administrative Offences Encroaching upon State Institutions
Article 17.1. Failure to Meet the Lawful Demands of a Member of the Council of Federation or of a Deputy of the State Duma
1. Failure of an official of a state body, or of a body of local self-government, or of an organisation or social association, to meet the lawful demands of a member of the Council of Federation or of a deputy of the State Duma, or impeding their activities -
shall entail the imposition of an administrative fine in the amount of two thousand to three thousand roubles.
2. Failure of an official to observe the established term for submitting information (documents, materials or replies to inquiries) to a member of the Council of Federation or to a deputy of the State Duma -
shall entail the imposition of an administrative fine in the amount of one thousand to two thousand roubles.
See the Article in the previous wording
Article 17.2. Obstruction of the Lawful Activity of the Plenipotentiary for Human Rights in the Russian Federation
1. Interference in the activity of the Plenipotentiary for Human Rights in the Russian Federation for the purpose of influencing his decisions -
shall entail the imposition of an administrative fine in an amount of one thousand to two thousand roubles.
2. Nonfulfilment by officials of legitimate demands of the Plenipotentiary for Human Rights in the Russian Federation, as well as nonfulfilment by officials of the duties established by Federal Constitutional Law No. 1-FKZ of February 26, 1997 on the Plenipotentiary for Human Rights in the Russian Federation -
shall entail the imposition of an administrative fine in the amount of two thousand to three thousand roubles.
3. Obstruction of the activity of the Plenipotentiary for Human Rights in the Russian Federation in another form -
shall entail the imposition of an administrative fine in an amount of one thousand to three thousand roubles.
Article 17.2.1. Obstructing the Lawful Activities of the Children's Rights Commissioner for the President of the Russian Federation
1. Obstructing activities of the Children's Rights Commissioner for the President of the Russian Federation for the purpose of affecting his/her decision
shall cause the imposition of an administrative fine at a rate from 1,000 to 2,000 roubles. 2. Officials' defaulting on lawful demands of the Children's Rights Commissioner for the
President of the Russian Federation shall cause the imposition of an administrative fine at a rate from 2,000 to 3,000 roubles. 3. Obstructing activities of the Children's Rights Commissioner for the President of the
Russian Federation in another form shall cause the imposition of an administrative fine at a rate from 1,000 to 3,000 roubles.
Article 17.3. Failure to Follow an Order of a Judge or Bailiff for Safeguarding the Established Procedure of the Functioning of Courts
1. Failure to follow a lawful order of a judge to terminate actions violating rules established in court -
shall entail the imposition of an administrative fine in the amount of five hundred to one thousand roubles or administrative arrest for a term of up to fifteen days.
2. Failure to follow a lawful order of a bailiff for safeguarding the established procedure of the functioning of courts to terminate actions violating rules established in court -
shall entail the imposition of an administrative fine in the amount of five hundred to one thousand roubles.
Article 17.4. Failure to Take Measures in Compliance with an Interlocutory Judgement or in Compliance with a Proposal of a Judge
If an official leaves an interlocutory judgement or a proposal of a judge without consideration, or fails to take measures in order to eliminate the violations of law indicated in the interlocutory judgement or the proposal of a judge -
it shall entail the imposition of an administrative fine in the amount of five hundred to one thousand roubles.
Article 17.5. Impeding the Appearance in Court of a People's Assessor or a Juror The impeding, by an employer or by a person representing him, of the appearance in
court of a people's assessor or a juror for participation in court proceedings - shall entail the imposition of an administrative fine in the amount of five hundred to one
thousand roubles.
Article 17.6. Failure to Submit Information for Making Lists of Jurors Failure to submit information necessary to a district, city, territorial or regional
administration for making lists of jurors, as well as submission of wittingly false information by a person who is responsible for submitting such information -
shall entail a warning or the imposition of an administrative fine on officials in the amount of five hundred to one thousand roubles.
Article 17.7. Failure to Meet the Lawful Demands of a Prosecutor, an Investigator, an Inquirer or an Official Carrying Out Proceedings Related to an Administrative Offence
Willful failure to satisfy the demands of a prosecutor resulting from his authority established by federal law, as well as the lawful demands of an investigator, an inquirer or an official carrying out proceedings related to an administrative offence -
shall entail the imposition of an administrative fine on citizens in the amount of one thousand to one thousand five hundred roubles, and on legal entities in the amount of two thousand to three thousand roubles.
Article 17.8. Impeding the Lawful Activity of a Bailiff Impeding the lawful activity of a bailiff in the discharge of his duties - shall entail the imposition of an administrative fine on citizens in the amount of one
thousand to one thousand five hundred roubles, and on officials in the amount of two thousand to three thousand roubles.
Article 17.8.1. The Illegal Use of the Words "Sudebnyi Pristav", "Bailiff" and the
Expressions Formed on the Basis Thereof The illegal use by a legal entity or an individual entrepreneur in its/his/her name of the
words "sudebnyi pristav" or "bailiff" and the expressions formed on the basis thereof shall cause the imposition of an administrative fine on the individual entrepreneur at a
rate from 40,000 to 50,000 roubles; on the legal entity from 300,000 to 500,000 roubles.
Article 17.9. Evidence of a Witness, Explanation of a Specialist or Opinion of an Expert, Known to Be False, and a Wittingly Incorrect Translation
The evidence of a witness, explanation of a specialist and opinion of an expert, known to be false, or a wittingly incorrect translation, when carrying out proceedings concerning an administrative offence or court enforcement action -
shall entail the imposition of an administrative fine in the amount of one thousand to one thousand five hundred roubles.
Article 17.10. Violation of the Procedure for Official Use of the State Symbols of the Russian Federation
Violation of the procedure for official use of the State Flag of the Russian Federation, State Coat of Arms of the Russian Federation or State Anthem of the Russian Federation -
shall entail the imposition of an administrative fine on citizens in an amount from 2,000 to 3,000 roubles; on officials from 5,000 to 7,000 roubles; on legal entities from 100,000 to 150,000 roubles.
Article 17.11. Unlawful Bearing of Government Awards 1. Bearing an order, medal, badge of an honorary title, decorations of the Russian
Federation, of the RSFSR or of the USSR, as well as order and medal ribbons, by a person not entitled to do so -
shall entail a warning or the imposition of an administrative fine in the amount from 1,000 to 1,500 roubles accompanied by confiscation of the order, medal, badge of honorary title, the decorations of the Russian Federation, of the RSFSR or of the USSR, and of the order or medal ribbons.
2. Establishing or making badges, which have names and appearances similar to those of government awards, -
shall entail the imposition of an administrative fine on citizens in an amount from 1,500 to 2,000 roubles with the badges being confiscated; on officials from 4,000 to 5,000 roubles with the badges being confiscated; on legal entities from 85,000 to 100,000 roubles with the badges being confiscated.
Article 17.12. Unlawful Wearing of a Uniform Having Badges of Rank and Symbolism of State Military Organisations, of Law-Enforcement or Control Bodies
1. Unlawful wearing of a uniform having badges of rank and symbolism of state military organisations, of law-enforcement or control bodies -
shall entail the imposition of an administrative fine in the amount from 1,000 to 1,500 roubles accompanied by confiscation of the uniform, the badges of rank and symbolism of state military organisations, of law-enforcement or control bodies.
2. The same actions, committed by a person, having a special permit (license) for private detective or guarding activities, in connection with exercising these activities -
shall entail the imposition of an administrative fine in the amount from 1,500 to 2,500 roubles accompanied by confiscation of the uniform, the badges of rank, the symbolism of state military organisations , of law-enforcement or control bodies.
Article 17.13. Disclosing Information about Security Measures Disclosing information about security measures taken in respect of an official of a law-
enforcement or control body or in respect of his close relatives - shall entail the imposition of an administrative fine on citizens in the amount of three
hundred to five hundred roubles, and on officials in the amount of five hundred to one thousand roubles.
Article 17.14. The violation of the legislation on court enforcement actions. 1. The violation by a debtor of the legislation on court enforcement actions that is
expressed in the non-fulfilment of the lawful demands of a bailiff, in the provision of unreliable information about his rights to property, in the failure to report on his dismissal, on his new place of work, instruction, the place of getting his pension or other incomes, and on the place of his residence -
entails the imposition of an administrative fine on citizens in amount from one thousand to two thousand five hundred roubles; on officials - from ten thousand to twenty thousand roubles, and on juridical persons - from thirty thousand to one hundred thousand roubles.
2. The non-execution by a bank or any other credit organisation of the demand contained in a court order on the exaction of money from a debtor -
entails the imposition of an administrative fine on a bank or any other credit organisation in the amount of half of the monetary sum subject to recovery from the debtor, but not more than one million roubles.
2.1. Failure to satisfy the demands contained in an execution document to write off from a debtor's personal account or depo account and to enter to the recoverer's personal account or depo account serial securities, if there are securities on the appropriate debtor's account, by the issuer independently exercising the activity of keeping the register of serial securities' owners by a professional securities market participant engaged in the registration of rights to the serial securities held by the debtor -
shall entail the imposition of an administrative fine on legal entities in the amount of one third of the value of the serial securities to be recovered but at most one second of the value of such securities.
3. The violation by a person who is not a debtor of the legislation on court enforcement actions, which is expressed in the non-fulfilment of the lawful demands of the bailiff, in the refusal to receive the confiscated property, in the submission of unreliable information about the property status of a debtor, in the loss of a court order, and in the untimely dispatch of a court order, -
involves the imposition of an administrative fine on citizens in the amount from two thousand to two thousand five hundred roubles; on officials - from fifteen thousand to twenty thousand roubles; and on legal entities - from fifty thousand to one hundred thousand roubles.
Article 17.15. The Non-fulfilment of the Non-property Demands Contained in a Court Order
1. The non-fulfilment by a debtor of non-property claims contained in a court order within the period fixed by a bailiff after rendering the decision on exacting the execution fee -
involves the imposition of an administrative fine on citizens in the amount of from one thousand to two thousand five hundred roubles; on officials - from ten thousand to twenty thousand roubles; and on legal entities - from thirty thousand to fifty thousand roubles.
2. The non-fulfilment by a debtor non-property claims contained in a court order within the period fixed anew by a bailiff after the imposition of an administrative fine -
- involves the imposition of an administrative fine on citizens in the amount from two thousand to two thousand five hundred roubles; on officials - from fifteen thousand to twenty thousand roubles; and on legal entities - from fifty thousand to seventy thousand roubles.
Article 17.16. Slander in Respect of a Judge, Juror, Prosecutor, Person Engaged in Inquiry or Bailiff
1. Slander in respect of a judge, juror or other person participating in the administration of justice in connection with trying cases or examining materials in court -
shall entail the imposition of an administrative fine on citizens in the amount of three to five thousand roubles, on officials in the amount of twenty to thirty thousand roubles and on legal entities in the amount of 100 thousand to 300 thousand roubles.
2. The same acts made in respect of a prosecutor, investigator, person engaged in an inquiry or bailiff in connection with carrying out preliminary investigation, execution of a court sentence, enforcement of other judicial act, or an act of other body or official , as well as in connection with ensuring the established procedure for courts' functioning -
shall entail the imposition of an administrative fine on citizens in the amount of three to five thousand roubles, on officials in the amount of twenty to thirty thousand roubles and on legal entities in the amount of 100 thousand to 300 thousand roubles.
3. The acts provided for by Parts One or Two of this article linked to charging a person with making a grave or especially grave crime -
shall entail the imposition of an administrative fine on citizens in the amount of five thousand roubles or an administrative arrest for a term of up to five days, on officials in the amount of thirty to fifty thousand roubles and on legal entities in the amount of 300 thousand to 500 thousand roubles.
Chapter 18. Administrative Offences in the Area of Safeguarding the State Borders of the Russian Federation and Treating Aliens and
Stateless Persons on the Territory of the Russian Federation
Article 18.1. Violating the Regime of the State Borders of the Russian Federation 1. Violating the rules of crossing the State Borders of the Russian Federation by persons
and (or) transport vehicles, or violating the procedure for movement of such persons and (or) transport vehicles from the State Borders of the Russian Federation to check-points of the State Border of the Russian Federation and in the reverse direction, except for the cases provided for by Article 18.5 of this Code -
shall entail the imposition on an administrative fine on citizens in the amount of two thousand to five thousand roubles; on officials - from thirty thousand to fifty thousand roubles and on legal entities in the amount from four hundred thousand to eight hundred thousand roubles.
2. The same actions committed by an alien or a stateless person - shall entail the imposition of an administrative fine in the amount of two thousand to five
thousand roubles with or without administrative deportation from the Russian Federation. 3. Economic, fishing, hunting, procurement and other types of activities exercised at the
State Border of the Russian Federation or in the vicinity thereof without notifying border guard agencies, or notifying such bodies in violation of the established procedure for economic, fishing, hunting, procurement and other types of activities exercised at the State Border of the Russian Federation or in the vicinity thereof -
shall entail a warning or the imposition on an administrative fine on citizens in the amount of up to one thousand roubles with or without confiscation of instruments used to commit or the
subject of, the administrative offence; on officials - from three thousand to five thousand roubles with or without confiscation of instruments used to commit or the subject of, the administrative offence; on legal persons - from ten thousand to thirty thousand roubles with or without confiscation of instruments used to commit or the subject of, the administrative offence.
Note. For the administrative offences, provided for by this Article and by other articles of this Chapter, persons engaged in business activity without forming a legal entity shall be held liable under the administrative legislation in connection with the exercise by them of said activities as legal entities, except for the cases when the appropriate articles of this Chapter establish special rules for administrative liability of persons engaged in business activities without forming a legal entity, other than the rules for administrative liability of legal entities.
Article 18.2. Violating the Regimen of the State Border in the Border Zone 1. Violating the rules of driving (passing) to the border zone, of temporarily staying there,
of movement of persons and (or) transport vehicles in the border zone - shall entail a warning or the imposition of an administrative fine in the amount of one
hundred to five hundred roubles. 2. Exercising economic, hunting, fishing, procurement and other activities or organising
mass socio-political, cultural or other events in the border zone, as well as keeping and pasturing of cattle in the quarantine area within the limits of the border zone without authorization of border guard agencies and in the presence of authorization of such bodies, but in violation of the established procedure for exercising economic, hunting, fishing, procurement and other activities or in violation of the procedure for organising mass socio-political, cultural or other events in the border zone -
shall entail a warning or the imposition of an administrative fine on citizens in the amount of one hundred to three hundred roubles, on officials in the amount of three hundred to five hundred roubles, and on legal entities in the amount of three thousand to five thousand roubles.
Article 18.3. Violating the Border Regimen in the Territorial Sea and in Inland Sea Waters of the Russian Federation
1. Violating the rules for registering, keeping, departing from stationing points, arriving at stationing points and staying in the water bodies of Russian small self-propelled and non-self- propelled (surface and under-water) vessels (means) or of ice vehicles established in the territorial sea and in the inland sea waters of the Russian Federation, in the Russian part of border rivers, lakes and other water bodies -
shall entail a warning or the imposition of an administrative fine on citizens in the amount of three hundred to five hundred roubles; on officials in the amount of five hundred to one thousand roubles.
2. Exercising hunting, fishing, procurement, research, prospecting and other activities in the territorial sea and in the inland sea waters of the Russian Federation, in the Russian part of border rivers, lakes and other water bodies without authorization (notification) of border guard agencies or in the presence of authorization (notification) of such bodies, but in violation of the terms and conditions of such authorization (notification) -
shall entail a warning or the imposition of an administrative fine on citizens in the amount of three hundred to five hundred roubles with or without confiscation of the instruments used to commit, and the subject of, the administrative offence; on officials in the amount of five hundred to one thousand roubles with or without confiscation of the instruments used to commit, and the subject of, the administrative offence; and on legal entities in the amount of five thousand to ten thousand roubles with or without confiscation of the instruments used to commit, and the subject of, the administrative offence.
Article 18.4. Violating the Regimen at Check-Points of the State Borders of the Russian Federation
1. Violating the regime at check-points of the State Borders of the Russian Federation - shall entail a warning or the imposition of an administrative fine in the amount of up to
one thousand roubles. 2. The same actions committed by an alien or by a stateless person - shall entail the imposition of an administrative fine in the amount of up to one thousand
roubles with or without administrative deportation from the Russian Federation.
Article 18.5. Violating the Rules Relating to an Peacefull Passage over the Territorial Sea of the Russian Federation or to a Transit Flight over the Air Space of the Russian Federation
Violating the rules relating to an peacefull passage over the territorial sea of the Russian Federation or to a transit flight over the air space of the Russian Federation -
shall entail the imposition of an administrative fine on legal entities in the amount of thirty thousand to fifty thousand roubles.
Article 18.6. Violating a Procedure for Passing Established Check- Posts (Points) Violation by vessels of the fishing fleet, of the procedure for passing established check-
posts (points), when crossing the outer border of the economic exclusion zone of the Russian Federation -
shall entail the imposition of an administrative fine on citizens in the amount of two thousand to two thousand five hundred roubles, on officials in the amount of fifteen thousand to twenty thousand roubles, and on legal entities in the amount of two hundred thousand to four hundred thousand roubles.
Article 18.7. Failure to Follow a Lawful Order or Demand of a Military Serviceman in Connection with Discharge of His Duties Regarding the Protection of the State Borders of the Russian Federation
Failure to follow a lawful order or demand of a military serviceman in connection with discharge of his duties regarding the protection of the State Borders of the Russian Federation -
shall entail the imposition of an administrative fine in the amount of one thousand to one thousand five hundred roubles or administrative arrest for a term of up to fifteen days.
Article 18.8. Violation by an Alien or a Stateless Person of the Rules for Entry into the Russian Federation or of the Regime for Staying (Living) in the Russian Federation
1. Violation by an alien or by a stateless person of the rules for entry to the Russian Federation or of the regime for staying (residing) in the Russian Federation, manifesting itself in the violation of the statutory rules for the entry into the Russian Federation, in the violation of the rules for migration registration, movement or the procedure for choice of the place of stay or residence, or transit passage across the territory of the Russian Federation, in the absence of the documents proving right to stay (reside) in the Russian Federation or, in the case of such documents' loss, in non-submission of an application about their loss to the appropriate body or in non-discharge of the duty of making a notice proving residence in the Russian Federation in the instances established by the federal laws, as well as in avoiding exit from the Russian Federation upon the expiry of a certain period of stay there -
shall entail the imposition of an administrative fine in the amount of two thousand to five thousand roubles with or without an administrative deportation from the Russian Federation.
2. Violation by a foreign citizen or a stateless person of the rules for entry into the Russian Federation or the regime for staying (residing) in the Russian Federation manifesting itself in the noncompliance of the declared purpose of entering the Russian Federation with the activity or line of business which is actually carried out while staying (residing) in the Russian Federation -
shall entail the imposition of an administrative fine in the amount of two thousand to five thousand roubles accompanied by an administrative expulsion from the Russian Federation or without such.
Article 18.9. Violation by an Official of an Organisation, Accepting an Alien or a Stateless Person, or by a Citizen of the Russian Federation, or by a Foreign Citizen or Stateless Person Permanently Residing in the Russian Federation of the Rules for Aliens or Stateless Persons Staying in the Russian Federation
1. Violation by an official of an organisation (regardless of the property form thereof), which accepts in the Russian Federation an alien or a stateless person and ensures their servicing or carries out duties connected with observing the terms and conditions of stay in the Russian Federation and transit passage across the territory of the Russian Federation of foreign citizens and stateless persons, the established procedure for drawing up the documents regarding their right to stay, reside, move or change the place of stay or residence in the Russian Federation and to exit from it -
shall entail the imposition on an administrative fine on officials in the amount of forty thousand to fifty thousand roubles; on legal persons - from four hundred thousand to five hundred thousand roubles.
2. Failure of a citizen of the Russian Federation or a foreign citizen or a stateless person permanently residing in the Russian Federation, who were invited to the Russian Federation an alien or a stateless person on private business and who were accommodated them, to ensure in the established procedure their timely exit from the Russian Federation on the expiry of the term established for their stay in the Russian Federation -
shall entail the imposition of an administrative fine in the amount of two thousand to four thousand roubles.
3. Providing an alien or a stateless person, staying in the Russian Federation in violation of the established procedure for, and the rules of, transit across the territory thereof, with living premises or a transport vehicle -
involves the imposition of an administrative fine on individuals in the amount of two thousand to four thousand roubles; on officials - from twenty five thousand to thirty thousand roubles; on juridical person - from two hundred and fifty thousand to three hundred thousand roubles;
4. The host party's failure to discharge the duties in connection with effecting the migration registration -
shall entail the imposition of an administrative fine upon individuals in the amount of two thousand to four thousand roubles, upon officials in the amount of forty thousand to fifty thousand roubles and upon legal entities from four hundred thousand to five hundred thousand roubles.
Note. In the event of violation by an official of the organisation which has invited a foreign citizen or a stateless person to the Russian Federation, by a citizen of the Russian Federation or by a foreign citizen, permanently residing in the Russian Federation or by a stateless person, of the rules for stay (residence) in the Russian Federation of foreign citizens and stateless persons in respect of two or more foreign citizens and (or) stateless persons invited by them, each foreign citizen or stateless person shall be held administratively liable under this Article on an individual basis.
Article 18.10. Unlawful Exercise by a Foreign Citizen or Stateless Person of Labour Activities in the Russian Federation
The exercise by a foreign citizen or stateless person labour of activities in the Russian Federation without a labour permit or licence, if such permit and licence are required under federal law,-
shall entail the imposition of an administrative fine in the amount of two thousand to five thousand roubles accompanied by an administrative expulsion from the Russian Federation or without such.
Article 18.11. Violating the Immigration Rules 1. Avoidance by an immigrant from passing the immigration control stipulated by the
legislation of the Russian Federation, medical examination, personality identification, residing at a temporary detention location, at the centre of temporary accommodation of immigrants or at a place allocated for temporary stay by a territorial body of the federal executive agency authorized to carry out the functions of control and supervision in the sphere of migration, as well s the breach of the rules of residence in the said places or evasion from submitting or submission of untrustworthy information when the status of an immigrant to the Russian Federation is determined, -
shall entail the imposition of an administrative fine in the amount of two thousand to four thousand roubles with or without administrative deportation from the Russian Federation.
2. Failure to provide or late submission on demand of the federal executive agency authorized to carry out the functions of control and supervision in the sphere of migration, or its territorial body of documents required by the Russian Federation legislation or of information about foreign citizens or stateless persons regarding whom the immigration control stipulated by the Russian Federation legislation, is carried out,
shall entail the imposition of an administrative fine on citizens in the amount of two thousand to four thousand roubles; on officials - from forty thousand to fifty thousand roubles; on legal persons - from four hundred thousand to five hundred thousand roubles.
Article 18.12. Violation by a Refugee or Forced Migrant of the Rules of Stay (Residence) in the Russian Federation
Failure of a refugee or a forced migrant, when changing his place of stay or place of residence to carry out his duty to be removed from the register of a territorial body of the federal executive agency authorized to carry out the functions of control and supervision in the sphere of migration with which he is registered, as well as failure to perform his duty to register in due time with a territorial body of the federal executive agency authorized to carry out the functions of control and supervision in the sphere of migration at his new place of stay or residence; or failure of a refugee to inform a corresponding territorial body of the federal executive agency authorized to carry out the functions of control and supervision in the sphere of migration about a change of his surname, name, marital status, his family structure, and also about him having acquired the Russian Federation citizenship or citizenship (nationality) of other state,
shall entail the imposition of an administrative fine in the amount of two thousand to four thousand five hundred roubles.
Article 18.13. Illegal Job-Placement of Citizens of the Russian Federation Abroad 1. Exercising activities, as regards job-placement of citizens of the Russian Federation
abroad, without a license or in violation of the terms and conditions provided for by a license - shall involve the imposition of an administrative fine on individuals in the amount of two
thousand to four thousand roubles; on officials - from thirty five thousand to forty thousand
roubles; on juridical persons - from four hundred thousand to five hundred thousand roubles. 2. A gross violation of the terms provided for by a licence for exercising the activity
connected with the provision of jobs to citizens of the Russian Federation outside the Russian Federation -
shall entail the imposition of an administrative fine on officials in the amount of forty five thousand to fifty thousand roubles and on legal entities in the amount of seven hundred thousand to eight hundred thousand roubles or the administrative suspension of activities for a term up to ninety days.
Note. The concept of a gross violation shall be defined by the Government of the Russian Federation in respect of each specific type of activity to be licenced.
Article 18.14. Illegal Transportation of Individuals Across the State Borders of the Russian Federation
1. Failure of a transport or other organisation, engaged in international carriage, to take measures in the line of duty thereof, aimed at preventing illegal penetration of individuals onto a transport vehicle and use thereof for illegal entry in the Russian Federation or the illegal entry into the Russian Federation, which has entailed an illegal crossing or an attempted illegal crossing of the State Borders of the Russian Federation by one or several violators thereof -
shall entail the imposition of an administrative fine on a legal entity in the amount of fifty thousand to one hundred thousand roubles.
2. Failure of a person, crossing the State Borders of the Russian Federation on private business, to take measures aimed at preventing the use of the transport vehicle, which he drives, by another person for illegal crossing of the State Borders of the Russian Federation, which has entailed an illegal crossing or an attempted illegal crossing of the State Border of the Russian Federation by one or several violators thereof, where said action is not complicity in the crime -
shall entail the imposition of an administrative fine in the amount of one thousand to two thousand roubles.
Article 18.15. Unlawful Engagement of a Foreign Citizen or Stateless Person in Labour Activities in the Russian Federation
1. The engagement in labour activities in the Russian Federation of a foreign citizen or stateless person, if this foreign citizen or stateless person does not hold a labour permit or licence and if such permit or licence are required under federal law, -
shall entail the imposition of an administrative fine upon citizens in the amount of two thousand to five thousand roubles, upon officials in the amount of twenty five thousand to fifty thousand roubles and upon legal entities in the amount of two hundred and fifty thousand to eight hundred thousand roubles, or an administrative suspension of activities for a term up to 90 days.
2. The engagement in labour activities in the Russian Federation of a foreign citizen or a stateless person without receiving in the established procedure a permit to engage and use foreign workers, if such permit is required in compliance with the federal laws -
shall entail the imposition of an administrative fine upon citizens in the amount of two thousand to five thousand roubles, upon officials in the amount of twenty five thousand to fifty thousand roubles and upon legal entities in the amount of two hundred and fifty thousand to eight hundred thousand roubles or an administrative suspension of activities for a term up to 90 days.
3. Failure to notify a territorial agency of the federal executive body authorized to exercise the functions of control and supervision in the area of migration, or the executive body which is in charge of the population's employment in the appropriate constituent entity of the
Russian Federation or a tax authority of engaging a foreign citizen or a stateless person in labour activities in the Russian Federation, if such notification is required in compliance with the federal laws -
shall entail the imposition of an administrative fine upon citizens in the amount of two thousand to five thousand roubles, upon officials in the amount of thirty five thousand to fifty thousand roubles and upon legal entities in the amount of four hundred thousand to eight hundred thousand roubles or an administrative suspension of activities for a term of up to 90 days.
Notes: 1. For the purposes of this Article, engagement in labour activities in the Russian
Federation of a foreign citizen or a stateless person shall mean admittance in any form to carrying out work or rendering services, or other use of the foreign citizen's or the stateless person's labour.
2. In the event of unlawful engagement in labour activities in the Russian Federation of two and more foreign citizens and (or) stateless persons, each foreign person or stateless person shall be held administratively liable on an individual basis under this Article for violating the rules for engagement of foreign citizens and stateless persons (including foreign workers) in labour activities in the Russian Federation.
Article 18.16 Violating the Rules for Engagement of Foreign Citizens and Stateless Persons in Labour Activities Exercised at Trade Outlets (Including Shopping Complexes)
1. The violation of the rules for engagement of foreign citizens and stateless persons in labour activities exercised at trade outlets (including shopping complexes) manifesting itself in the provision by the person engaged in business activities without forming a legal entity, by a legal entity, by a branch or representative office thereof, by managers of a trade outlet (including a shopping complex) or by an official of said legal entity, branch or representative office, or by other legal entity or an official thereof, or by other person engaged in business activities without forming a legal entity, of a trading place on the territory of a trade outlet (including a shopping complex), or production, warehousing, trade, office, subsidiary or other premises to a foreign citizen or stateless person illegally engaged in labour activities exercised at the trade outlet (including a shopping complex), or in issuing to a foreign citizen or stateless person exercising said activities a permit to exercise them or in admittance to the exercise of said activities in another form -
shall entail the imposition of an administrative fine upon officials in the amount of forty five thousand to fifty thousand roubles, upon the persons engaged in business activities without forming a legal entity in the amount of three hundred and fifty thousand to eight hundred thousand roubles or an administrative suspension of activities for a term up to 90 days, upon legal entities in the amount of four hundred and fifty thousand to eight hundred thousand roubles or an administrative suspension of activities for a term up to 90 days.
2. The provision by a person engaged in business activities without forming a legal entity, by a legal entity, its branch or representative office, by managers of a trade outlet (including a shopping complex), or by officials of the said legal entity, branch or representative office, of a trading place on the territory of a trade outlet (including a shopping complex), or production, warehousing, trade, office, subsidiary or other premises to another legal entity or to another person engaged in business activities without forming a legal entity which have no permission to engage and use foreign workers but actually use labour of foreign workers, or which engage foreign citizens or stateless persons who have no work permits in labour activities, if such
permits are required in compliance with the federal laws - shall entail the imposition of an administrative fine upon officials in the amount of forty
five thousand to fifty thousand roubles, upon persons engaged in business activities without forming a legal entity from three hundred and fifty thousand to eight hundred thousand roubles or an administrative suspension of activities for a term up 90 days and upon legal entities in the amount of four hundred and fifty thousand to eight hundred thousand roubles or an administrative suspension of activities for a term up to 90 days.
Article 18.17. Non-Observance of the Limitations Concerning the Exercise of Certain Activities Established in Compliance with Federal Laws in Respect of Foreign Citizens, Stateless Persons and Foreign Organisations
1. Non-observance by an employer or an orderer of works (services) of the limitations concerning the exercise of certain activities which are established in compliance with federal laws in respect of foreign citizens and stateless persons -
shall entail the imposition of an administrative fine upon individuals in the amount of two thousand to four thousand roubles, upon officials in the amount of forty five thousand to fifty thousand roubles and upon legal entities in the amount of or an administrative suspension of activities for a term up 90 days.
2. Non-observance by a foreign citizen or a stateless person of the limitations concerning the exercise of certain activities which are established in compliance with federal laws in respect of foreign citizens and stateless persons -
shall entail the imposition of an administrative fine in the amount of two thousand to five thousand roubles accompanied by an administrative expulsion from the Russian Federation or without such.
3. Non-observance by a foreign legal entity, its branch or representative office of the limitations concerning the exercise of certain activities which are established in compliance with federal laws in respect of foreign citizens and stateless persons -
shall entail the imposition of an administrative fine in the amount of from eight hundred thousand to one million roubles and an administrative suspension of activities for a term up to 90 days.
Chapter 19. Administrative Offences against Government Procedures
Article 19.1. Arbitrariness Arbitrariness, that is, unauthorized exercise, contrary to a procedure established by a
federal law or by any other normative legal act, of one's real or alleged right, which has not caused essential damage to citizens or legal entities -
shall entail a warning or the imposition of an administrative fine on citizens in the amount of one hundred to three hundred roubles, and on officials in the amount of three hundred to five hundred roubles.
Article 19.2. Willful Damaging or Removing a Stamp (Seal) Willful damaging or removing a stamp (seal), applied by a dully authorized official, safe
for the cases provided for by Part 2 of Article 11.15 and Article 16.11 of this Code - shall entail a warning or the imposition of an administrative fine on citizens in the amount
of one hundred to three hundred roubles, and on officials in the amount of three hundred to five hundred roubles.
Article 19.3. Failure to Follow a Lawfull Order of a Police Officer, a Military Serviceman,
an Officer of the Bodies for Control over the Traffic of Narcotics and Psychotropic Substances, of an official of the bodies of the Federal Security Service, an Officer of the Personnel of State Guard Bodies, of an Officer of the Bodies Authorised to Exercise the Functions of Control and Supervision in the Field of Migration or an Officer of the Body or Institution of the Criminal Punishment System
1. Failure to follow a lawfull order or demand of a police officer, a military servicemen or an official of the body or institution of the criminal punishment system in connection with discharge of their official duties related to maintenance of public order and security, as well as impeding the discharge by them of their official duties -
shall entail the imposition of an administrative fine in the amount of five hundred to one thousand roubles or administrative arrest for a term of up to fifteen days.
2. Failure of a citizen (except for convicts servicing their custodial sentences in penitentiary institutions and for persons suspected or accused of committing crimes and retained in custody at other institutions) to follow a lawfull order or demand of an officer of the body or institution of the criminal punishment system, of a military serviceman or of other person in the discharge of their official duties related to ensuring security and protection of these institutions, as well as to maintenance of the established regime, guarding and convoying convicts (suspects and accused persons) -
shall entail the imposition of an administrative fine in the amount of five hundred to one thousand roubles or administrative arrest for a term of up to fifteen days.
3. Failure to follow a lawful order or demand of an officer of the bodies for control over the traffic of narcotics and psychotropic substances, of an officer of the bodies authorised to exercise the functions of control and supervision in the field of migration in connection with his discharging official duties, as well as prevention of his discharging official duties-
shall entail the imposition of an administrative fine in the amount of five hundred to one thousand roubles or an administrative arrest for up to fifteen days.
4. Insubordination to a legitimate order or demand of an official of the bodies of the Federal Security Service in connection with the performance by him of his official duties, as well as obstruction of the performance by him of his official duties
- shall entail the imposition of an administrative fine on citizens in a size of five hundred to one thousand roubles or an administrative arrest for a term of up to fifteen days; on officials - from one thousand to three thousand roubles; on legal entities - from ten thousand to fifty thousand roubles.
5. Disobeying a lawful order or demand of a member of personnel of state guard bodies in line of his/her duties relating to state guarding and/or law and order or impeding his/her executing his/her duties -
shall cause the imposition of an administrative fine on citizens at a rate of 500 to 1,000 roubles or an administrative arrest for a term of up to 15 days; on officials from 1,000 to 3,000 roubles; on legal entities from 10,000 to 15,000 roubles.
Note. The provisions of Part 4 of this Article shall not extend to citizens in the event of application to them of preventive measures in accordance with the Federal Law on the Federal Security Service.
Article 19.4. Failure to Follow the Lawful Order of an Official of a Body Exercising State Supervision (Contron( �/p>
1. Failure to follow a lawful order or demand of an official of a body exercising state supervision (control), -
shall entail a warning or the imposition of an administrative fine on citizens in the amount of five hundred to one thousand roubles, and on officials in the amount of two thousand to four thousand roubles.
2. Failure to follow lawful demands of an official of the body, engaged in protection of the continental shelf of the Russian Federation, or the body, engaged in the protection of the economic exclusion zone of the Russian Federation, as regards stopping a vessel, as well as impeding the exercise of such a person of the authority conferred on him, including inspection of a vessel -
shall entail the imposition of an administrative fine on officials in the amount of fifteen thousand to twenty thousand roubles.
3. Impeding the access of an international inspection group, exercising its activity in compliance with an international treaty of the Russian Federation, to an object subject to international control -
shall entail the imposition of an administrative fine on officials in the amount of three thousand to four thousand roubles, and on legal entities in the amount of thirty thousand to forty thousand roubles.
4. Nonfulfilment of lawful demands of an official of a body authorised in the field of export control, as well as obstruction of the performance by such a person of his official duties -
shall entail imposition of an administrative fine on citizens in an amount of one thousand to two thousand roubles; on officials - from five thousand to ten thousand roubles.
Article 19.4.1. Impeding the Exercise of Lawful Activities by an Official of the State Control (Supervision) Body
1. Impeding the exercise of lawful activities by an official of the state control (supervision) body, as regards holding an inspection, or evasion of such inspections -
shall entail the imposition of an administrative fine on citizens in the amount of five hundred to one thousand roubles, on officials in the amount of two thousand to four thousand roubles and on legal entities in the amount of five thousand to ten thousand roubles.
2. The actions (omission to act) provided for by Part 1 of this article entailing the impossibility to hold or to complete an inspection-
shall entail the imposition of an administrative fine on officials in the amount of five thousand to ten thousand roubles and on legal entities in the amount of twenty thousand to fifty thousand roubles.
3. The repeated committing of the administrative offence provided for by Part 2 of this article -
shall entail the imposition of an administrative fine on officials in the amount of ten thousand to twenty thousand roubles or disqualification for a term from six months to one year and on legal entities in the amount of fifty thousand to one hundred thousand roubles.
Article 19.5. Failure to Follow in Due Time a Lawful Direction (Order, Proposal, Decision) of a Body (Official), Exercising State Supervision (Control)
1. Failure to follow in due time a lawful direction (order, proposal, decision) of a body (official), exercising state supervision (control), to eliminate violations of the law -
shall entail the imposition of an administrative fine upon citizens in the amount of three hundred to five hundred roubles; upon official persons - from one thousand to two thousand roubles or disqualification for a term of up to three years; upon legal entities - from ten thousand to twenty thousand roubles.
2. Failure to follow within the established term a lawful direction, decision of a body authorised in the field of export control or its territorial body -
shall entail the imposition of an administrative fine upon official persons in the amount of five thousand to ten thousand roubles or disqualification for a term of up to three years; upon legal entities - from two hundred thousand to five hundred thousand roubles.
2.1. Non-fulfilment, at the established time, of a legal decision or order of the federal antimonopoly body or its territorial body on termination of competition-restraining and/or coordinated actions and on the performance of actions aimed at ensuring competition, or of a legal decision or order of the federal antimonopoly body or its territorial body issued in the exercise of control over the use of state or municipal preference on the performance of actions stipulated by the antimonopoly legislation of the Russian Federation -
shall entail the imposition of an administrative fine on officials in the amount of eighteen thousand to twenty thousand roubles or disqualification for a period of up to three years; on legal entities - from three hundred thousand to five hundred thousand roubles.
2.2. Non-fulfilment, at the established time, of a legal decision or order of the federal antimonopoly body or its territorial body on termination of abuse by an economic entity of the dominating position on the commodity market and on the performance of actions stipulated by the antimonopoly legislation of the Russian Federation and aimed at ensuring competition -
shall entail the imposition of an administrative fine on officials in the amount of sixteen thousand to twenty thousand roubles or disqualification for a period of up to three years; on legal entities - from three hundred thousand to five hundred thousand roubles.
2.3. Non-fulfilment, at the established time, of a legal decision or order of the federal antimonopoly body or its territorial body on termination of infringement of the rules for non- discriminatory access to goods (works, services), or of a legal decision or order of the federal antimonopoly body or its territorial body, issued in the exercise of state control over the economic concentration, on the performance of actions stipulated by the antimonopoly legislation of the Russian Federation and aimed at ensuring competition -
shall entail the imposition of an administrative fine on officials in the amount of twelve thousand to twenty thousand roubles or disqualification for a period of up to three years; on legal entities - from three hundred thousand to five hundred thousand roubles.
2.4. Non-fulfilment, at the established time, of a legal decision or order of the federal antimonopoly body or its territorial body on termination of infringement of the legislation of the Russian Federation on advertising or of a legal decision or order of the federal antimonopoly body or its territorial body on repeal or amendment of an act of a federal body of executive, act of the body of executive power of an entity of the Russian Federation or act of a body of local self-government that is contrary to the legislation of the Russian Federation on advertising -
shall entail the imposition of an administrative fine on officials in the amount of twelve thousand to twenty thousand roubles or disqualification for a period of up to three years; on legal entities - from three hundred thousand to five hundred thousand roubles.
2.5. Non-fulfilment, at the established time, of a legal decision or order of the federal antimonopoly body or its territorial body on termination of unfair competition -
shall entail the imposition of an administrative fine on officials in the amount of ten thousand to twenty thousand roubles; on legal entities - from one hundred thousand to three hundred thousand roubles.
2.6. Non-fulfilment, at the established time, of a legal decision or order of the federal antimonopoly body or its territorial body on termination of infringement of the antimonopoly legislation of the Russian Federation, the legislation of the Russian Federation on natural monopolies, of a legal decision or order of the federal antimonopoly body or its territorial body on termination or prevention of competition-restraining actions or of a legal decision or order of
the federal antimonopoly body or its territorial body on the performance of actions stipulated by the legislation of the Russian Federation, except for the cases stipulated by Items 2.1-2.5 of this Article -
shall entail the imposition of an administrative fine on officials in the amount of eight thousand to twelve thousand roubles or disqualification for a period of up to three years; on legal entities - from one hundred thousand to five hundred thousand roubles.
2.7. Failure to execute in due time an order of the federal antimonopoly agency or of a regional agency thereof on reversal or amendment of an act contravening the legislation on the fundamentals of the state regulation of trade activities in the Russian Federation and/or on termination of actions (omission to act) of an executive power body of a constituent entity of the Russian Federation, local self-government body or other body or organisation exercising the functions of the cited bodies which are leading or can lead to the establishment in a commodity market of the trading rules that do not satisfy the requirements established by the legislation on the fundamentals of the state regulation of trade activities in the Russian Federation -
shall entail the imposition of an administrative fine on officials in the amount of fifty thousand or disqualification thereof for a term of one year to three years.
3. Failure to follow within the established term a lawful direction, decision of the body, regulating natural monopolies or of a territorial agency thereof -
shall entail the imposition of an administrative fine upon official persons in the amount of five thousand to ten thousand roubles or disqualification for a term of up to three years; upon legal entities - from two hundred thousand to five hundred thousand roubles.
4. A failure to follow within the established time period of a lawful order of the body in charge of control and supervision in the area of share construction of apartment houses and (or) other immovable property units -
shall cause the imposition of an administrative fine on officials in the amount of ten thousand to fifteen thousand roubles; on legal entities in the amount of from one hundred thousand to two hundred thousand roubles.
5. A failure to follow at the established time a lawful order or decision of a body authorized in the area of the state tariff regulation -
shall entail imposition of an administrative fine upon officials in the amount of fifty thousand roubles or disqualification for a term up to three years and upon legal entities from one hundred thousand to one hundred and fifty thousand roubles.
6. Failure to follow within the established time period a lawful order of the federal executive body or executive bodies of constituent entities of the Russian Federation authorised to exercise governmental building supervision -
shall entail the imposition of an administrative fine on citizens in the amount of one thousand five hundred to two thousand five hundred roubles, on officials in the amount of five thousand to ten thousand roubles, on persons engaged in business activity without forming a legal entity in the amount of five thousand to ten thousand roubles or an administrative suspension of their activity for a time period up to ninety days and on legal entities in the amount of fifty thousand to one hundred thousand roubles or an administrative suspension of their activity for a term up to ninety days.
7. Failure to execute in due time a lawful order or requirements of the executive body authorized to exercise control in respect of placement of orders to supply commodities, carry out works and render services for meeting customers' needs or of a territorial agency thereof -
shall entail imposition of an administrative fine on officials in the amount of fifty thousand roubles and upon legal entities in the amount of five hundred thousand roubles.
8. Non-fulfilment at the established time of legitimate demands of persons authorised to exercise state veterinary supervision, for conducting anti-epizootic and other measures committed in the period of carrying out restrictive measures (quarantine) on the respective territory -
shall entail the imposition of an administrative fine on citizens in an amount of one thousand to one thousand five hundred roubles; on officials - from five thousand to seven thousand roubles; on persons carrying out business activity without the formation of a legal entity - from five thousand to seven thousand roubles or an administrative suspension of activity for a period of up to ninety days; on legal entities - from ninety thousand to one hundred thousand roubles or an administrative suspension of activity for a period of up to ninety days.
9. Failure to follow in due time a lawful direction of the federal executive body in charge of financial markets or of a regional agency thereof-
shall entail the imposition of an administrative fine on officials in the amount from twenty thousand to thirty thousand roubles and on legal entities in the amount from five hundred thousand to seven hundred thousand roubles.
10. Failure to satisfy in due time a lawful order or demand of the executive body authorised to exercise control (supervision) in the area of transport safety -
shall entail the imposition of an administrative fine on citizens in the amount of five thousand roubles, on officials in the amount of twenty thousand to thirty thousand roubles and on legal entities of twenty thousand to fifty thousand roubles.
11. Default on performance within the established term or the improper performance of a legal order of the federal executive governmental body in charge of state control and supervision in the area of safe conduct of works relating to the use of sub-soil, industrial safety and the safety of hydraulic engineering facilities -
shall cause the imposition of an administrative fine on officials in an amount from 30,000 to 50,000 roubles or disqualification for a term of from one year to three years; on legal entities from 400,000 to 700,000 roubles.
12. Failure to execute in due time a legal order of the body exercising the state fire supervision -
shall entail the imposition of an administrative fine on citizens in the amount of one thousand five hundred to two thousand roubles, on officials in the amount of three thousand to four thousand roubles and on legal entities in the amount of seventy thousand to eighty thousand roubles.
13. Failure to execute in due time a legal order of the person exercising the state fire supervision at the protected facilities where the activities in the field of public health care, education and social service are exercised -
shall entail the imposition of an administrative fine on citizens in the amount of two thousand to three thousand roubles, on officials in the amount of five thousand to six thousand roubles and on legal entities in the amount of ninety thousand to one hundred thousand roubles.
14. Repeated commission of the administrative offence provided for by Part 12 or 13 of this article -
shall entail the imposition of an administrative fine on citizens in the amount of four thousand to five thousand roubles, on officials in the amount of fifteen thousand to twenty
thousand roubles or disqualification for a term up to three years and on legal entities in the amount of one hundred and fifty thousand to two hundred thousand roubles.
15. The non-performance by a manufacturer (contractor, seller or a person carrying out the functions of a foreign manufacturer), a certification body or a testing laboratory (centre) within the established term of a lawful decision, order of the federal executive governmental body empowered to exercise state control (supervision) over the observance of the provisions of technical regulations in respect of products, for instance buildings and structures, or products (products released for the first time) and the processes -- relating to the requirements applicable to the products -- of designing (including prospecting), manufacturing, constructing, erecting, adjusting, operating, storing, transporting, selling or disposing -
shall cause the imposition of an administrative fine on officials at the rate of 30,000 to 50,000 roubles; on legal entities from 300,000 to 500,000 roubles.
17. Non-fulfilment within a fixed time term of the lawful instruction of the federal executive power body, fulfilling the functions involved in the exertion of control and supervision in the area of security in the use of nuclear power, -
entails imposition of an administrative fine upon officials in an amount of from thirty thousand roubles to fifty thousand roubles, or disqualification for a term of from one year to three years; upon legal entities - from forty hundred thousand roubles to seven hundred thousand roubles.
Note. For the administrative offences envisaged by Part 11 of the present article the persons pursuing entrepreneurial activities without the formation of a legal entity shall be held administratively liable as legal entities.
Article 19.6. Failure to Take Measures in Order to Eliminate Causes and Conditions Conducive to an Administrative Offence
Failure to take measures in compliance with a decision (proposal) of a body (official), which has considered a case concerning an administrative offence, aimed at the elimination of causes and conditions, that were conducive to administrative offence, -
shall entail the imposition of an administrative fine on officials in an amount of four thousand to five thousand roubles.
Article 19.6.1. Failure of Officials of the State Control (Supervision) Bodies to Satisfy the Requirements of the Legislation on the State Control (Supervision)
1. Failure of officials of the federal executive power bodies or of executive bodies of constituent entities of the Russian Federation authorised to exercise state control (supervision) to satisfy the requirements of the legislation on the state control (supervision) which has manifested itself in holding an inspection where there are no grounds for holding it, in violating the time for holding it, in holding an extraordinary visiting inspection without its coordination with organs of the prosecutor's office, in holding an inspection without a decree (order) of the head or deputy head of the state control (supervision) body, in non-submission of a report on an inspection held, in attracting to the exercise of control activities citizens or organisations which are not accredited in the established procedure or in holding a planned inspection which is not included in an annual schedule of planned inspections -
shall entail a warning or imposition of an administrative fine on officials in the amount of from three thousand to five thousand roubles.
2. Making repeatedly the administrative offence provided for by Part 1 of this article - shall entail the imposition of an administrative fine on officials in the amount of five
thousand to ten thousand roubles.
Article 19.7. Failure to Submit Data (Information) Failure to submit or untimely submission of data (information) to a state body (an official),
of which the submission is provided for by law and is necessary for the exercise by this body (official) of its lawful activities, as well as submission to a state body (official) of such data (information) in an incomplete or distorted form, safe for the cases stipulated by Part 4 of Article 14.28, Articles 19.7.1, 19.7.2, 19.7.3, 19.7.4 , 19.7.5, 19.7.5-1, 19.8 of this Code -
shall entail a warning or imposition of an administrative fine on citizens in the amount of one hundred to three hundred roubles, on officials in the amount of three hundred to five hundred roubles, and on legal entities in the amount of three thousand to five thousand roubles.
Article 19.7.1. Failure to Submit or Submission of Wittingly False Data to the Body Authorised in the Area of the State Tariff Regulation
1. A failure to submit to the body authorized in the area of the state tariff regulation, if their submission without fail is provided for by the normative legal acts concerning the establishment, change, introduction or cancellation of tariffs, and also concerning the exercise by the said body of the powers involving control (supervision), information gathering, as well as a failure to submit them at the time specified by an authorized body -
shall cause the imposition of an administrative fine on officials in an amount from 3,000 to 5,000 roubles; on legal entities from 50,000 to 100,000 roubles.
2. The submission of wittingly unreliable data to the body authorized in the area of the state tariff regulation, if their submission without fail is provided for by normative legal acts for the establishment, change, introduction or cancellation of tariffs, as well as for the exercise by the said body of the powers involving control (supervision), information gathering, -
shall cause the imposition of an administrative fine on officials in an amount from 5,000 to 10,000 roubles; on legal entities from 100,000 to 150,000 roubles.
3. The commission of the administrative offences envisaged by Parts 1 and 2 of the present article by an official who has been earlier subjected to an administrative penalty for a similar administrative offence, -
shall cause disqualification for a term from one year to two years.
Article 19.7.2. Failure to Present Data or Presentation of Wittingly Unreliable Data to the Body Authorised to Exercise Control in Respect of Placement of Orders to Supply Commodities, Carry Out Works and Render Services for Meeting Customers' Needs
Failure to present or untimely presentation of data (information) to the body authorized to exercise control in respect of placement of orders to supply commodities, carry out works or render services for meeting customers' needs, if presentation of such data (information) is obligatory under the legislation on placement of orders to supply commodities, carry out works or render services for meeting state or municipal needs, or presentation of wittingly unreliable data -
shall entail imposition of an administrative fine upon officials in the amount of ten thousand to fifty thousand roubles and upon legal entities in the amount of one hundred thousand roubles to five hundred thousand roubles.
Article 19.7.3. Failure to Supply Information to the Federal Executive Body in Charge of Financial Markets
Failure to supply, or failure to observe the procedure for and time of supplying, to the federal executive body in charge of financial markers or to a regional agency thereof reports,
notices and other information provided for by the legislation, and needed for this body's (official's) carrying out its legal activities, or supply of incomplete and/or unreliable information, if these actions (omission to act) do not contain a criminally punishable deed -
shall entail the imposition of an administrative fine on citizens in the amount from two thousand to four thousand roubles, on officials in the amount from twenty thousand to thirty thousand roubles or disqualification for a term up to one year and on legal entities in the amount from five hundred thousand to seven hundred thousand roubles.";
Article 19.7.4. Default on the Provision of Information or Late Provision of Information about the Conclusion, Amendment, Performance or Rescission of a State or Municipal Contract to the Federal Executive Governmental Body, the Executive Governmental Body of a Subject of the Russian Federation or the Local Self- Government Body Empowered to Keep Registers of Contracts Concluded According to the Results of Placement of Orders under the Legislation of the Russian Federation on Placing Orders to Supply Commodities, Carry Out Works and Render Services to Meet State or Municipal Needs
The default on the provision of information or the late provision of information by an official of a customer concerning the conclusion, amendment, performance or rescission of a state or municipal contract to the federal executive governmental body, the executive governmental body of a subject of the Russian Federation, the local self-government body empowered to keep registers of the contracts concluded according to the placement of orders if the provision of such information is compulsory under the legislation of the Russian Federation on the placement of orders for the delivery of goods, performance of works or provision of services for state and municipal needs, and equally, the provision of knowingly unreliable information -
shall cause the imposition of an administrative fine on officials at the rate of 20,000 roubles.
Article 19.7.5. Failure to Supply Information about Unlawful Interference Failure of the transport infrastructure subject or of the carrier to supply information about
the threat of making or about making unlawful interference actions at transport infrastructure facilities and transport vehicles to the competent authorities or failure to supply it in due time -
shall entail the imposition of an administrative fine on citizens in the amount of three thousand to five thousand roubles, on officials in the amount of twenty thousand to thirty thousand roubles and on legal entities in the amount of thirty thousand to fifty thousand roubles.
Article 19.7.5-1. Failure of a Legal Entity or Individual Businessman to Follow the Established Procedure for Presenting Notifications of Their Starting to Exercise Business Activities
1. Failure of a legal entity or individual businessmen to present a notification of their starting to exercise business activities where presentation of such notification is mandatory -
shall entail the imposition of an administrative fine on officials in the amount of three thousand to five thousand roubles and on legal entities in the amount of ten thousand to twenty thousand roubles.
2. Presentation by a legal entity or individual businessman of a notification of starting to exercise business activities which contains unreliable data where presentation of such notification is mandatory -
shall entail the imposition of an administrative fine on officials in the amount of five thousand to ten thousand roubles and on legal entities in the amount of twenty thousand to thirty thousand roubles.
Article 19.7.6. Unlawful Refusal to Provide Access for a Tax Official to the Territories and Premises of the Taxpayer, in Respect of Which a Tax Inspection Is Held, for Their Visual Examination
Unlawful denial to provide access, as well as unlawful impeding of access, to a tax official engaged in a tax inspection in compliance with the legislation of the Russian Federation on taxes and fees to industrial, storage, trading and other areas and premises, used by a taxpayer for deriving income or connected with maintenance of a taxable item, for their visual examination
- shall entail the imposition of an administrative fine on officials in the amount of ten thousand roubles.
Article 19.8. The Non-presentation of Requests, Notices (Statement), Data (Information) to the Federal Antimonopoly Body, Its Territorial Bodies, the Bodies Regulating Natural Monopolies or the Bodies Authorised in the Field of Export Control
1. The non-presentation of requests, notices (statement), data (information) to the bodies for the regulation of natural monopolies, if the presentation of such requests and notices (statements) is obligatory in accordance with the legislation of the Russian Federation on natural monopolies, the submission of requests and notices (statements) containing obviously unreliable information, and likewise a breach of the procedure and the terms for filing requests and notices (statements), established by the legislation of the Russian Federation on natural monopolies -
shall involve the imposition of an administrative fine on citizens in the amount of one thousand five hundred to two thousand five hundred roubles; on officials - from three thousand to five thousand roubles; on juridical persons - from one hundred thousand to five hundred thousand roubles.
2. The non-presentation of data (information) to the bodies regulating natural monopolies or the bodies authorised in the field of export control, if the presentation of such data (information) is obligatory in accordance with the legislation of the Russian Federation on natural monopolies, on export control or the submission of the obviously unreliable information, except for the cases provided for by the first part of the present Article, -
involves the imposition of an administrative fine on citizens in the amount of one thousand to one thousand five hundred roubles; on officials - from two thousand to three thousand roubles; on juridical persons - from fifty thousand to one hundred thousand roubles.
3. Non-submission to the federal antimonopoly body or its territorial body of applications stipulated by the antimonopoly legislation of the Russian Federation or submission of applications containing knowingly unreliable information, as well as infringement of the procedure and time established by the antimonopoly legislation of the Russian Federation for submission of applications -
shall entail the imposition of an administrative fine on citizens in the amount of one thousand five hundred to two thousand five hundred roubles; on officials - from fifteen thousand to twenty thousand roubles; on legal entities - from three hundred thousand to five hundred thousand roubles.
4. Non-submission to the federal antimonopoly body or its territorial body of the notifications stipulated by the antimonopoly legislation of the Russian Federation or submission of notifications containing knowingly unreliable information, as well as infringement of the procedure and time established by the antimonopoly legislation of the Russian Federation for submission of notifications -
shall entail the imposition of an administrative fine on citizens in the amount of eight hundred to one thousand two hundred roubles; on officials - from five thousand to seven
thousand five hundred roubles; on legal entities - from one hundred and fifty thousand to two hundred and fifty thousand roubles.
5. Failure to provide or late proving to the federal antimonopoly body or its territorial body of the data (information) stipulated by the antimonopoly legislation of the Russian Federation, including non-submission of data (information) at the request of the said bodies, except for the cases stipulated by Items 3 and 4 of this Article, as well as the submission of knowingly unreliable data (information) to the federal antimonopoly body or its territorial body -
shall entail the imposition of an administrative fine on citizens in the amount of one thousand five hundred to two thousand five hundred roubles; on officials - from ten thousand to fifteen thousand roubles; on legal entities - from three hundred thousand to five hundred thousand roubles.
6. Failure to present to the federal antimonopoly body or to a regional agency thereof the data (information) provided for by the legislation on advertising, as well as incomplete or distorted presentation of such data (information) or presentation of unreliable data (information) -
shall entail the imposition of an administrative on officials in the amount of two thousand to ten thousand roubles, and on legal entities in the amount of twenty thousand to two hundred thousand roubles.
Article 19.8.1. Failure to Provide Data or Provision by Natural Monopolies' Subjects and/or by Public Utility Organisations of Wittingly False Data on Their Activities
1. Failure to provide or provision by natural monopolies' subjects or by public utility organisations of wittingly false data on their activities, failure to publish or publication of wittingly false data on their activities, if such data's publication and/or provision is obligatory under the legislation of the Russian Federation, as well as violation of the established standards for disclosure of information about controllable activities of natural monopolies' subjects and/or public utility organizations and forms of its submission and/or completion, including the time and periodicity of supplying information by natural monopolies' subjects and/or public utility organisations, except for the cases envisaged by Article 9.15 of the present Code -
shall entail imposition of an administrative fine on officials in the amount from five thousand to twenty thousand roubles and on legal entities in the amount from one hundred thousand to five hundred thousand roubles.
2. Committing the administrative offence provided for by Part 1 of this Article by an official who has been previously subjected to an administrative punishment for a similar administrative offence -
shall entail disqualification for a term from one year to three years.
Article 19.8.2. Failure to Provide Petitions, Notices (Information) and Intelligence (Information) to the Federal Executive Governmental Body Empowered to Carry out the Functions of Control over Foreign Investments in the Russian Federation
1. Failure to provide the federal executive governmental body empowered to carry out the functions of control over foreign investments in the Russian Federation with the petitions envisaged by the legislation on foreign investment on the territory of the Russian Federation, the filing of petitions comprising deliberately false information or breach of the procedure and term for filing petitions established by the legislation on foreign investment on the territory of the Russian Federation
shall cause the imposition of an administrative fine on citizens at a rate from 3,000 to
5,000 roubles; on officials from 30,000 to 50,000; on legal entities from 500,000 to 1,000,000 roubles.
2. Failure to provide the federal executive governmental body empowered to carry out the functions of control over foreign investments in the Russian Federation with the notices (information) envisaged by the legislation on foreign investments on the territory of the Russian Federation, the provision of notices (information) comprising deliberately false information or breach of the procedure and term for filing notices (providing information) established by the legislation on foreign investment on the territory of the Russian Federation
shall cause the imposition of an administrative fine on citizens at a rate from 2,000 to 3,000 roubles; on officials from 15,000 to 30,000 roubles; on legal entities from 250,000 to 500,000 roubles.
3. Failure to provide the federal executive governmental body empowered to carry out the functions of control over foreign investment in the Russian Federation with the intelligence (information) envisaged by the legislation on foreign investment on the territory of the Russian Federation, for instance failure to provide intelligence (information) on the demand of said body, except for the cases envisaged by Parts 1 and 2 of the present article, or the provision of deliberately unreliable intelligence (information) to said body
shall cause the imposition of an administrative fine on citizens at a rate from 3,000 to 5,000 roubles; on officials from 30,000 to 50,000 roubles; on legal entities from 500,000 to 1,000,000 roubles.
Article 19.9. Violating the Terms for Considering Applications (Petitions) for Allotting Land Plots or Bodies of Water
1. Violation by an official of the terms, established by the law, for considering applications (petitions) of citizens for allotment of land plots, or concealing information about the presence of available land fund -
shall entail a warning or the imposition of an administrative fine in the amount of one hundred to three hundred roubles.
2. Violation by an official of the terms, established by the law, for considering applications (petitions) of citizens for providing bodies of water to them -
shall entail a warning or the imposition of an administrative fine in the amount of one hundred to three hundred roubles.
Article 19.10. Violating the Laws on the Names of Geographical Objects Violating the established rules of awarding or using the names of geographical objects - shall entail the imposition of an administrative fine on officials in the amount of two
thousand to three thousand roubles.
Article 19.11. Violating the Procedure for Making, Using, Storing and Destroying Forms, Seals or Other Articles Having the Imprint of the State Emblem of the Russian Federation
Violating the procedure for making, using, storing and destroying forms, seals or other articles having the imprint of the State Emblem of the Russian Federation -
shall entail the imposition of an administrative fine in the amount of five hundred to one thousand roubles.
Article 19.12. Delivery or Attempted Delivery of Forbidden Articles to Persons Kept at Institutions of the Criminal Punishment System, at Interrogatory Isolation Wards or at Temporary Isolation Wards
Delivery or attempted delivery in any way to persons, kept at institutions of the criminal
punishment system, at interrogatory isolation wards or at temporary isolation wards and at other places of custody, of articles, substances or food-stuffs, the acquisition, keeping or use of which is prohibited by law -
shall entail the imposition of an administrative fine in the amount of one thousand to one thousand five hundred roubles accompanied by confiscation of the forbidden articles, substances or foodstuffs.
Article 19.13. Wittingly False Summons of Specialized Services A wittingly false summons of the fire prevention service, of the police, of an ambulance or
of other specialized services - shall entail the imposition of an administrative fine in the amount of one thousand to one
thousand five hundred roubles.
Article 19.14. Violating the Rules for Extracting, Producing, Using, Circulating, Acquiring, Registering and Storing Precious Metals, Pearls, Precious Stones or Articles Containing Them
Violating the established rules for extracting, producing, using, circulating (trading, transportating, sending, putting in pledge, making transactions by banks with natural persons and with legal entities), acquiring, registering and storing precious metals, pearls, precious stones or articles, containing them, as well as the rules for collecting and delivering to the state fund scrap and waste of such metals, stones and articles -
shall entail the imposition of an administrative fine on citizens in the amount of three to five thousand roubles, on officials of the organisations engaged in transactions with precious metals and precious stones of all types, or with articles, containing them, in the amount of ten thousand to fifteen thousand roubles, and on legal entities in the amount of thirty thousand to fifty thousand roubles.
Article 19.15. Residence of a Citizen of the Russian Federation without an Identification Card (Passport) of a Citizen of the Russian Federation or without Registration
1. Residing at the place of residence or at the place of sojourn of a citizen of the Russian Federation, who is obliged to have a citizen's identification card (passport), without such, or with an invalid identification card (passport), or without registration at the place of stay or at the place of residence -
shall entail the imposition of an administrative fine from one thousand five hundred to two thousand five hundred roubles.
2. The allowing by a person, responsible for observing the rules of registration, of the residence of a Russian citizen without an identification card (passport) of a citizen thereof, or with an invalid identification card of a citizen thereof, or without registration at the place of residence or the place of stay, as well as the allowing by a citizen of the residence at the living premises, occupied or owned by them, of persons without an identification card of a citizen (passport) or without registration at the place of stay or the place of residence -
shall entail the imposition of an administrative fine in the amount of two thousand to two thousand five hundred roubles.
Article 19.16. Willful Damage of the Identification Card of a Citizen (Passport) or Loss of an Identification Card (Passport) through Negligence
Willful elimination or damage of the identification card of a citizen (passport) or loss of an identification card (passport) , or negligent keeping of an identification card of a citizen (passport), which has entailed the loss of the identification card of a citizen (passport) -
shall entail a warning or the imposition of an administrative fine in the amount of one
hundred to three hundred roubles.
Article 19.17. Unlawful Seizure by an Official of the Identification Card of a Citizen (Passport) or Accepting an Identification Card of a Citizen (Passport) as a Pledge
1. Unlawful seizure by an official of an identification card (passport) - shall entail the imposition of an administrative fine in the amount of one hundred to three
hundred roubles. 2. Accepting an identification card of a citizen (passport) as a pledge - shall entail a warning or the imposition of an administrative fine in the amount of one
hundred roubles.
Article 19.18. Submitting False Data to Obtain an Identification Card of a Citizen (Passport) or Other Documents Proving Identity or Citizenship
Submitting data, known to be false, to obtain an identification card of a citizen (passport), including a foreign passport, or other documents proving identity or citizenship -
shall entail the imposition of an administrative fine on citizens in the amount of one hundred to three hundred roubles, and on officials in the amount of five hundred to one thousand roubles.
Article 19.19. A Breach of the Legislation on Ensuring the Uniformity of Measurements 1. A breach of the legislation on ensuring the uniformity of measurements in as much as
it concerns the performance of the measurements that fall within the area of state regulation of uniformity of measurements, without the use of attested measurement methodologies (techniques), when the provisions of attested measurement methodologies (techniques) are not observed or when the established procedure for notification of one's activity of releasing from manufacturing facilities the measurement standards, the standard specimens and/or measurement facilities intended for being used in the area of state regulation of ensuring the uniformity of measurements or for the importation thereof into the territory of the Russian Federation and the sale thereof is not observed or if the procedure for testing standard specimens or measurement facilities for the purposes of endorsing their type or the procedure for checking measurement facilities is not observed or when standard specimens of a non- approved type, measurement facilities of a non-approved type and/or those which have not passed tests in the established procedure are used in the area of state regulation of uniformity of measurements or when the compulsory metrological and technical requirements applicable to measurement facilities and the compulsory requirements applicable to the conditions of operating them are not observed or when the procedure for approving, keeping, comparing and using state primary measurement standards, the procedure for transferring measurement units from state measurement standards, the procedure for establishing compulsory provisions applicable to the measurement standards used to ensure the uniformity of measurements, the procedure for assessing conformity with these requirements and the procedure for the application or use in the area of state regulation of the uniformity of measurement units not admitted for being used in the Russian Federation are not observed -
shall cause the imposition of an administrative fine on officials at the rate of 20,000 to 50,000 roubles; on legal entities from 50,000 to 100,000 roubles.
2. The establishment by officials exercising state metrological supervision of requirements that do not comply with the legislation on ensuring the uniformity of measurements in as much as it concerns the testing of standard specimens or measurement facilities for the purposes of approving the type and checking the measurement facilities or attesting measurement methodologies (techniques) -
shall cause a warning or the imposition of an administrative fine at the rate of 20,000 to 30,000 roubles.
3. A breach by the officials who carry out the functions of providing state services and managing state property in the area of ensuring the uniformity of measurements of the term for taking a decision on classifying technical facilities as measurement facilities, approving the type of standard specimens and/or the type of measurement facilities or a breach by the officials who carry out the functions of accreditation in the area of ensuring the uniformity of measurements of the term for taking a decision on accrediting a legal entity or individual entrepreneur for the performance of works and/or the provision of services in the area of ensuring the uniformity of measurements -
shall cause the imposition of an administrative fine at the rate of 20,000 to 30,000 roubles.
Article 19.20. Exercising Activities Which Are Not Connected with Deriving Profit without a Special Permit (Licence)
1. Exercising activities which are not connected with deriving profit without a special permit (licence), if such permit (licence) is mandatory-
shall entail a warning or imposition of an administrative fine on citizens in the amount of five hundred to one thousand roubles, on officials in the amount of thirty thousand to fifty thousand roubles or disqualification for a term of one year to three years, on persons exercising business activities without forming a legal entity in the amount of thirty thousand to forty thousand roubles or an administrative suspension of activities for a term up to ninety days and on legal entities in the amount of one hundred and seventy thousand to two hundred and fifty thousand roubles or an administrative suspension of activities for a term up to ninety days.
2. Exercising activities which are not connected with deriving profit in defiance of the requirements or terms of a special permit (licence), if such permit (licence) is mandatory -
shall entail a warning or imposition of an administrative fine on citizens in the amount of three hundred to five hundred roubles, on officials in the amount of fifteen thousand to twenty five thousand roubles, on persons exercising business activities without forming a legal entity in the amount of five thousand to ten thousand roubles and on legal entities in the amount of seventy thousand to one hundred thousand roubles.
3. Exercising activities which are not connected with deriving profit with gross violations of the requirements and terms of a special permit (licence), if such permit (licence) is mandatory -
shall entail imposition of an administrative fine on officials in the amount of twenty thousand to thirty thousand roubles, on persons exercising business activities without forming a legal entity in the amount of ten thousand to twenty thousand roubles or an administrative suspension of activities for a term up to ninety days, on legal entities in the amount of one hundred thousand to one hundred and fifty thousand roubles or an administrative suspension of activities for a term up to ninety days.
Note. The notion of a gross violation shall be established by the Government of the Russian Federation in respect of a specific kind of activities to be licenced.
Article 19.21. Failure to Observe the Procedure for State Registration of Rights to Real Estate and Transactions Therewith
Failure of an proprietor, of a leaseholder or of any other user to observe the established procedure for state registration of their rights to real estate or transactions therewith -
shall entail the imposition of an administrative fine on citizens in the amount of one thousand five hundred to two thousand roubles, on officials in the amount of three thousand to four thousand roubles, and on legal entities in the amount of thirty thousand to forty thousand
roubles.
Article 19.22. Violating the Rules for the State Registration of All Types of Transport Vehicles, Mechanisms and Installations
1. Violating the rules for the state registration of all types of transport vehicles (except for sea ships and mixed navigation (river-sea) ships), mechanisms and installations, where such registration is obligatory -
shall entail a warning or imposition of an administrative fine on citizens in the amount of one hundred roubles, on officials in the amount of one hundred to three hundred roubles, and on legal entities in the amount of one thousand to three thousand roubles.
2. Violalting the rules for registration of sea ships or the rules for the state registration of mixed navigation (river-sea) ships and of the rights thereto, or failure of the ship's owner or of the ship's freighter to discharge at the time fixed by federal law the duty of registration of the sea ship or of the state registration of mixed navigation (river-sea) ship with one of the ships registers of the Russian Federation or the duty of informing the body with which a ship is registered about the amendments to be made in ships' registers of the Russian Federation -
shall entail the imposition of an administrative fine on citizens in the amount of one thousand five hundred to two thousand rubles, on officials in the amount of three thousand to four thousand roubles and on legal entities in the amount of thirty thousand to forty thousand roubles.
Article 19.23. Making Forged Documents, Stamps, Seals or Forms, and Their Use, Transfer or Sale
Making a forged document certifying the identity, confirming a person's right or relief from a duty, as well as making a forged stamp, seal and form, their use, transfer or sale -
shall entail the imposition of an administrative fine on legal entities in the amount of thirty thousand to forty thousand roubles accompanied by confiscation of the instruments of committing the administrative offence.
Article 19.24. Failure to Observe the Administrative Restrictions and Failure to Discharge the Duties Established under an Administrative Supervision
1. The failure of a person in respect of which an administrative supervision is established to observe the administrative restrictions or the restrictions imposed by court in compliance with federal laws, if these actions (omission to act) do not contain a criminally punishable deed -
shall entail the imposition of an administrative fine in the amount of one thousand to one thousand five hundred rubles or an administrative arrest for a term of up to fifteen days.
2. The failure of a person in respect of which an administrative supervision is established to discharge the duties provided for by federal law, if these actions (omission to act) does not contain a criminally punishable deed -
shall entail a warning or imposition of an administrative fine in the amount of five hundred to one thousand roubles.
Article 19.25. Failure to Discharge Military Transport Mobilization Duties Failure to discharge the military transport mobilization duties established by the laws of
the Russian Federation - shall entail a warning or the imposition of an administrative fine on citizens in the amount
of three hundred to five hundred roubles, on officials in the amount of five hundred to one thousand roubles, and on legal entities in the amount of ten thousand to twenty thousand roubles.
Article 19.26. Expert's Deliberately False Statement A deliberately false statement of an expert in the event of state control (supervision) shall cause the imposition of an administrative fine in the amount of one thousand to one
thousand five hundred roubles.
Article 19.27. Submission of False Data While Effecting Migration Registration 1. Submission of wittingly false data or forged documents by a foreign citizen or a
stateless person while effecting migration registration - shall entail the imposition of an administrative fine in the amount of two thousand to five
thousand roubles accompanied by an administrative expulsion from the Russian Federation or without such.
2. Submission of wittingly false data on foreign citizen or stateless person by the host party or forged documents while effecting the migration registration -
shall entail the imposition of an administrative fine upon citizens in the amount of two thousand to five thousand roubles, upon officials in the amount of thirty five thousand to fifty thousand roubles and upon legal entities in the amount of three hundred and fifty thousand to eight hundred thousand roubles.
Article 19.28. Unlawful Remuneration on Behalf of a Legal Entity 1. Unlawful transfer on behalf or in the interests of a legal entity to a functionary, to the
person exercising managerial functions in a profit-making or other organization, to a foreign functionary or a functionary of a public international organisation of money, securities or other property, as well as unlawful rendering thereto of services of a pecuniary nature or granting of property rights for making actions (for omitting to act) in the interests of the given legal entity by the functionary, by the person exercising managerial functions in the profit-making or other organization, by the foreign functionary or by the functionary of the public international organization connected with the official positions held by them -
shall entail the imposition of an administrative fine on legal entities in the amount of up to three times as much as the sum of money, the value of securities, other property, services of property nature or other property rights unlawfully transferred or rendered, or promised or offered on behalf of the legal entity but at least one million roubles accompanied by confiscation of the money, securities, other property or the cost of the services of property nature or other property rights.
2. The actions provided for by Part 1 of this article which are made on a large scale - shall entail the imposition of an administrative fine on legal entities in the amount of up to
thirty times as much as the sum of money, the value of securities, other property, services of property nature or other property rights unlawfully transferred or rendered, or promised or offered on behalf of the legal entity but at least one million roubles accompanied by confiscation of the money, securities, other property or the cost of the services of property nature or other property rights.
3. The actions provided for by Part 1 of this article which are made on an especially large scale -
shall entail the imposition of an administrative fine on legal entities in the amount of up to one hundred times as much as the sum of money, the value of securities, other property, services of property nature or other property rights unlawfully transferred or rendered, promised or offered on behalf of the legal entity but at least one hundred million roubles accompanied by confiscation of the money, securities, other property or the cost of the services of property nature or other property rights.
Notes:
1. A functionary in this article means the persons cited in Notes 1-3 to Article 285 of the Criminal Code of the Russian Federation.
2. The person exercising managerial functions in a profit-making or other organisation means in this article the one cited in Note 1 to Article 201 of the Criminal Code of the Russian Federation.
3. A foreign functionary means in this article any appointed or elected person holding an office in the legislative, executive, administrative or judicial body of a foreign state, and any person exercising a public function for a foreign state, in particular for a public department or public enterprise; a functionary of a public international organization means an international civil servant or any person authorised by such organisation to act on behalf of it.
4. As a large scale in this article is deemed the sum of money, the value of securities, other property, services of property nature or other property rights exceeding one million roubles and an especially large scale are deemed those exceeding twenty million roubles.
Article 19. 29. Unlawful Engaging in Labour Activities or in Carrying Out Works and Rendering Services of a State or Municipal Civil Servant or a Former Civil Servant or Municipal Employee
Engaging by an employer or an orderer of works (services) in labour activities under the terms and conditions of a labour contract or in carrying out works or rendering services under the terms and conditions of a civil law contract of a civil servant or of a municipal employee who holds the office included into the list established by regulatory legal acts or of a former civil servant or municipal employee in defiance of the requirements provided for by the Federal Law No. 273-FZ of December 25, 2008 on Counteracting Corruption -
shall entail the imposition of an administrative fine on citizens in the amount of two thousand to four thousand roubles, on officials in the amount from twenty thousand to fifty thousand roubles and on legal entities in the amount from one hundred thousand roubles to five hundred thousand roubles.
Article 19.30. Violation of Requirements for the Conduct of Educational Activity and Organisation of the Educational Process
1. A violation of requirements, established by legislation of the Russian Federation in the field of education, for the conduct of educational activity expressed in the conduct of educational activity by representations of educational organisations or in a violation of the rules for the rendering of paid services, -
shall entail the imposition of an administrative fine on officials in an amount of thirty thousand to fifty thousand roubles; on legal entities - from a hundred thousand to two hundred thousand roubles.
2. The incomplete realisation of educational curriculae in accordance with the study plan and schedule of the teaching process or an illegal refusal to issue documents of the state pattern about the level of education and/or qualification -
shall entail the imposition of an administrative fine on officials in an amount of twenty thousand to forty thousand roubles; on legal entities - from fifty thousand to a hundred thousand roubles.
3. The issuance by educational organisations not having state accreditation of documents of the state pattern about the level of education and/or qualification or the issuance by educational organisations having state accreditation of documents of the state pattern about the level of education and/or qualification by educational curriculae which have not passed state accreditation -
shall entail the imposition of an administrative fine on officials in an amount of fifty thousand roubles or disqualification for a period of six months to one year; on legal entities -
from a hundred thousand to fifty thousand roubles. 4. An intentional distortion of the results of state (final) certification and of school
olympiads stipulated by legislation of the Russian Federation in the field of education, as well as a violation of the procedure, established by legislation of the Russian Federation in the field of education, for the conduct of state (final) certification
shall entail the imposition of an administrative fine on citizens in an amount of three thousand to five thousand roubles; on officials - from fifty thousand to two hundred thousand roubles.
5. A violation of the procedure, established by legislation of the Russian Federation in the field of education, for admittance to an educational organisation, -
shall entail the imposition of an administrative fine on officials in an amount of ten thousand to thirty thousand roubles; on legal entities - from fifty thousand to a hundred thousand roubles.
6. The commission of an administrative offence stipulated by Part 3 or 4 of this Article by an official who was earlier subjected to an administrative punishment for an analogous administrative offence -
shall entail a disqualification for a period one year to two years.
Article 19.31. Failure to Observe Periods of Storage of Advertising Materials Failure of an advertiser, an advertising producer or an advertising agent to observe the
storage periods of advertising materials or of copies thereof, as well contracts for production, placement or dissemination of advertising materials established by the legislation on advertising -
shall entail the imposition of an administrative fine on citizens in the amount of one thousand to two thousand roubles, on officials in the amount of two thousand to ten thousand roubles, and on legal entities in the amount of twenty thousand to two hundred thousand roubles.
Article 19.32. Breach of the Legislation on Public Control over the Observance of Human Rights in Detention Facilities
1. Obstructing the exercise in accordance with the legislation of the Russian Federation of public control over the observance of human rights in detention facilities
shall cause a warning or imposition of an administrative fine on officials in an amount from 500 to 1,000 roubles.
2. Breach by a member of a public supervisory commission of the provisions of the criminal execution legislation of the Russian Federation, normative legal acts concerning issues of execution of punishments and also default in performing the legal demands of the administration of a detention facility
shall cause a warning or imposition of an administrative fine on citizens in an amount from 500 to 1,000 roubles.
Article 19.33. The Non-Observance of Provisions on the Provision of Specimens of Products, Documents or Information Required for the Purposes of State Control (Supervision) in the Area of Technical Regulation
The non-provision or evasion of providing by a manufacturer, contractor (person carrying out the functions of a foreign manufacturer) or seller of specimens of products, the documents or information required for the purposes of state control (supervision) in the area of technical regulation, except for the cases envisaged by Article 8.23, Part 2 of Article 13.4, Articles 13.8 and 14.37 of the present Code, -
shall cause the imposition of an administrative fine on officials at the rate of 40,000 to
50,000 roubles; on legal entities from 200,000 to 300,000 roubles.
Chapter 20. Administrative Offences Encroaching upon Public Order and Security
Article 20.1. Disorderly Conduct 1. Disorderly conduct, that is, violation of public order in the form of open disrespect of
the public accompanied by foul language in public places, abusive pestering of the people or destruction or damage caused to other people's property, -
shall involve the imposition of an administrative fine in the amount of five hundred to one thousand roubles or an administrative arrest for a period up to fifteen days.
2. The same actions in combination with noncompliance with the lawful demand of the representative of the authorities or of another person performing the duties of maintaining public order or cutting short the violation of public order, -
shall involve the imposition of an administrative fine in the amount of one thousand to two thousand five hundred roubles or an administrative arrest for a period of up to 15 days.
Article 20.2. Violating the Established Procedure for Arranging or Conducting a Meeting, Rally, Demonstration, Procession or Picket
1.Violating a procedure established for arranging a meeting, rally, demonstration, procession or picket -
shall entail the imposition of an administrative fine on the organisers thereof in the amount of one thousand to two thousand roubles.
2. Violating the procedure established for conducting a meeting, rally, demonstration, procession or picket -
shall entail the imposition of an administrative fine on the organisers thereof in the amount of one thousand to two thousand roubles, and on the participants thereof in the amount of five hundred to one thousand roubles.
3. Arranging or conducting an authorized meeting, rally, demonstration, procession or picket in the direct vicinity of a nuclear plant, of a source of radiation or of a place of storage of nuclear material or radioactive substances, as well as active participation in such actions, where it has complicated the discharge by the personnel of said objects of their official duties or has posed a threat to the safety of population and environment -
shall entail the imposition of an administrative fine in the amount of one thousand to two thousand roubles or administrative arrest for a term of up to fifteen days.
Article 20.2.1. Abolished. Article 20.3. Displaying Fascist Attributes and Symbols 1. Displaying fascist attributes and symbolism for the purpose of popularization of such
attributes and symbolism - shall entail the imposition of an administrative fine in the amount of five hundred to one
thousand roubles, accompanied by confiscation of the fascist attributes and symbols, or administrative arrest for a term of up to fifteen days accompanied by confiscation of the fascist attributes and symbols.
2. The manufacture, marketing or the acquisition for sale of nazi attributes or symbolism or attributes or symbolism similar to nazi attributes or symbolism up to the degree of mixing, which are aimed at their propaganda, -
shall entail the imposition of the administrative of fine on citizens in the amount one thousand to two thousand five hundred roubles with the confiscation of the object of the administrative offence; on officials - from two thousand to five thousand roubles with the
confiscation of the object of the administrative offence; on juridical persons - from twenty thousand to one hundred thousand roubles with the confiscation of the object of the administrative offence.
Article 20.4. Failure to Meet Fire Safety Requirements 1. Failure to meet fire safety requirements, except as provided for by Articles 8.32 and
11.16 of this Code and Parts 3 - 8 of this article - shall entail a warning or the imposition of an administrative fine on citizens in an amount
of one thousand to one thousand and five hundred roubles; on officials in an amount of six thousand to fifteen thousand roubles and on legal entities in an amount of one hundred and fifty thousand to two hundred thousand roubles.
2. The same actions committed under the conditions of a special fire prevention regimen -
shall entail the imposition of an administrative fine on citizens in an amount of two thousand to four thousand roubles, on officials in an amount of fifteen thousand to thirty thousand roubles, and on legal entities in an amount of four hundred thousand to five hundred thousand roubles.
3. Failure to meet the fire safety requirements for internal fire prevention water supply, electric installations of buildings, structures and constructions, electrical products and fire fighting primary means or the fire safety requirements as to providing buildings, structures and constructions with fire fighting primary means -
shall entail the imposition of an administrative fine on citizens in an amount of two thousand to three thousand roubles, on officials in an amount of six thousand to fifteen thousand roubles, on persons engaged in business activities without forming a legal entity in an amount of twenty thousand to thirty thousand roubles and on legal entities in an amount of one hundred and fifty thousand to two hundred thousand roubles.
4. Failure to meet fire safety requirements for fire escape ways, fire escape and emergency exits or for automatic fire extinguishing systems and fire alarm systems, for fire warning systems, people's evacuation management systems in buildings, structures and constructions, or for the smoke protection systems in buildings, structures and constructions -
shall entail the imposition of an administrative fine on citizens in an amount of three thousand to four thousand roubles, on officials in an amount of fifteen thousand to twenty thousand roubles, on persons engaged in business activities without forming a legal entity in an amount of thirty thousand to forty thousand roubles and on legal entities in an amount of one hundred and fifty thousand to two hundred thousand roubles.
5. Repeated commission of the administrative offence provided for by Parts 3 and 4 of this article -
shall entail the imposition of an administrative fine on citizens in an amount of four thousand to five thousand roubles, on officials in an amount of twenty thousand to thirty thousand roubles, on persons engaged in business activities without forming a legal entity in an amount of forty thousand to fifty thousand roubles and on legal entities in an amount of two hundred thousand to four hundred thousand roubles or an administrative suspension of activities for a term up to ninety days.
6. Failure to meet the fire safety requirements which has caused fire and destruction or damage of someone else's property or infliction of light or medium-gravity harm to human health -
shall entail the imposition of an administrative fine on citizens in an amount of four thousand to five thousand roubles, on officials in an amount of forty thousand to fifty thousand roubles, and on legal entities in an amount of three hundred and fifty thousand to four hundred thousand roubles.
7. Failure of a manufacturer (supplier) to discharge the duty of including in the technical documentation in respect of substances, materials, articles and equipment data on fire hazard indices of these substances, materials, articles and equipment or information about safety measures to be taken when handling them, if the provision of such information is mandatory -
shall entail the imposition of an administrative fine on officials in an amount of fifteen thousand to twenty thousand roubles, and on legal entities in an amount of ninety thousand to one hundred thousand roubles.
8. Failure to meet the fire safety requirements for providing passageways, alleys and approach ways to buildings, structures and constructions -
shall entail the imposition of an administrative fine on citizens in an amount of one thousand five hundred to two thousand roubles, on officials in an amount of seven thousand to ten thousand roubles, and on legal entities in an amount of one hundred and twenty thousand to one hundred and fifty thousand roubles.
Article 20.5. Failure to Meet the Demands of an Emergency State Failure to meet the demands of an emergency state (safe for violation of curfew rules) - shall entail the imposition of an administrative fine on citizens in the amount of five
hundred to one thousand roubles or administrative arrest for a term of up to thirty days, and on officials in the amount of one thousand to two thousand roubles or administrative offence for a term of up to thirty days.
Article 20.6. Failure to Meet the Demands of Norms and Rules Regarding Prevention and Liquidation of Emergency Situations
1. Failure to discharge the duties provided for by the laws in respect of protecting the population and territories from emergency situations of natural or technological origin, as well as failure to meet the demands of norms and rules regarding the prevention of accidents and catastrophes at industrial or social facilities -
shall entail the imposition of an administrative fine on officials in the amount of from 10 thousand to 20 thousand roubles, and on legal entities in the amount of from 100 thousand to 200 thousand roubles.
2. Failure to take measures in order to ensure the readiness of the forces and means intended for liquidation of emergency situations, as well as untimely sending to the area, where there is an emergency situation, of the forces and means stipulated by a plan of liquidating emergency situations, endorsed in the established procedure -
shall entail the imposition of an administrative fine on officials in the amount of 10 thousand to 20 thousand roubles.
Article 20.7. Failure to Satisfy the Requirements and to Exercise the Activities in Respect of Civil Defence
1. Failure to meet the special conditions of (to follow the special rules for) operation of technical civil defence control systems and civil defence facilities, use and maintenance of warning systems, individual protection means, other civil defence special equipment and property
- shall entail the imposition of an administrative fine on officials in the amount of five thousand to ten thousand roubles and on legal entities in the amount of fifty thousand to one hundred thousand roubles.
2. Failure to exercise the activities involved in preparation for defence and defence of the population, of material and cultural values in the territory of the Russian Federation against the
hazards connected hostilities or as a result of such hostilities - shall entail the imposition of an administrative fine on officials in the amount of ten
thousand to twenty thousand roubles and on officials in the amount of one hundred thousand to two hundred thousand roubles.
Article 20.8. Violating the Rules for Production, Sale, Keeping or Registration of Weapons and Cartridges for Them, of the Procedure for Issuance of the Certificate That Proves Training in, and Checking the Knowledge of, the Rules for Safe Handling of Weapons and the Presence of Skills in Safe Handling of Weapons or of Medical Certificates Proving the Absence of Contraindications as to the Possession of Weapons
1. Violating the rules of production, sale, storage or registration of weapons and cartridges for them -
shall entail the imposition of an administrative fine on officials in the amount of ten thousand to thirty thousand roubles, and on legal entities in the amount of fifty thousand to two hundred and fifty thousand roubles.
2. Gross violation of the licence requirements and terms of production, sale, storage or registration of weapons and cartridges for them, if these actions does not contain a criminally punishable deed,
shall entail disqualification of officials for a term of six months to one year or administrative suspension of legal entities' activities for a term of ten to sixty days;
3. Violating the procedure for issuance of the certificate that prove training in, and checking the knowledge of, the rules for safe handling of weapons and presence of skills in safe handling of weapons or of medical certificates proving the absence of contraindications as to the possession of weapons -
shall entail the imposition of an administrative fine on officials in the amount of ten thousand to fifty thousand roubles or their disqualification for a term of six months to one year.
4. Violation by citizens of the rules for keeping, bearing or destroying weapons and cartridges for them -
shall entail the imposition of an administrative fine in the amount of five hundred to two thousand roubles or deprivation of the right to acquire and keep or to keep and bear weapons for a term of six months up to one year.
5. Violating the rules for collecting or exhibiting weapons and cartridges for them - shall entail the imposition of an administrative fine on citizens in the amount of one
thousand to five thousand roubles, on legal entities in the amount of ten thousand to one hundred thousand roubles or administrative suspension of their activities for a term of up to ten days.
6. Illegal acquisition, sale, transfer, storage, carriage or bearing of civilian smooth-bore firearms and limited destruction firearms -
shall entail the imposition of an administrative fine on citizens in the amount of three thousand to five thousand roubles with confiscation of weapons and cartridges for them, or administrative arrest for a term of five to fifteen days with confiscation of weapons and cartridges for them, on officials in the amount of ten thousand to fifty thousand roubles with confiscation of weapons and cartridges for them or with their disqualification for a term of one year to three years with confiscation of weapons and cartridges for them, and on legal entities in the amount of one hundred thousand to five hundred thousand roubles with confiscation of weapons and cartridges for them, or the administrative suspension of their activities for a term of ten to sixty days.
Article 20.9. Attaching to a Civilian or Office Weapon a Device for Noiseless Shooting or
a Night Vision Gun-sight (Sighting System) Attaching to a civilian or office weapon a device for noiseless shooting or a night vision
gun-sight (sighting system) (except for gun-sights for hunting) the use of which is regulated by the Government of the Russian Federation -
shall entail the imposition of an administrative fine in the amount of from two thousand to two thousand five hundred roubles accompanied by confiscation of the device for noiseless shooting or the night vision gun-sight (gun-sight system).
Article 20.10. Unlawful Production, Sale or Transfer of Pneumatic Weapons Unlawful production and sale of pneumatic weapons, or transfer of pneumatic weapons
having a muzzle energy of more than 7.5 joules and calibre of 4.5 mm without permission of an internal affairs body -
shall entail the imposition of an administrative fine on citizens in the amount of one thousand to five thousand roubles with confiscation of pneumatic weapons or without such, on officials in the amount of ten thousand to thirty thousand roubles with confiscation of pneumatic weapons or without such or their disqualification for a term of six months to one year and on legal entities in the amount of thirty thousand to fifty thousand roubles with confiscation of pneumatic weapons or without such or administrative suspension of their activities for a term up to thirty days.
Article 20.11. Violating the Terms for Registration (Re-registration) of Weapons or the Terms for Applying for Registration Thereof
1. Violation by a citizen of the established terms for registration of weapons acquired on the basis of licenses issued by internal affairs bodies, as well as of the established terms for extension (re-registration) of permits (current licenses) for keeping and carrying them, or the terms for applying for registration of weapons with internal affairs bodies, when a citizen changes the place of his permanent residence -
shall entail a warning or the imposition of an administrative fine in the amount of one thousand to three thousand roubles.
2. Violation by officials, responsible for the keeping and use of weapons, of the terms for applying for registration of weapons with internal affairs bodies, for extension (re-registration) of permits (open licenses) for keeping and carrying them -
shall entail the imposition of an administrative fine in the amount of one thousand to five thousand roubles.
Article 20.12. Sending Weapons, or Violating the Rules of Carriage, Transportation of Use of Weapons and Cartridges Therefor
1. Sending weapons - shall entail the imposition of an administrative fine in the amount of five hundred to one
thousand roubles accompanied by confiscation of weapons and cartridges therefor, or without such.
2. Violating the rules of carriage and transportation of weapons and cartridges thereto - shall entail the imposition of an administrative fine in the amount of one thousand to one
thousand five hundred roubles.
3. Violating the rules of using weapons and cartridges therefor - shall entail the imposition of an administrative fine in the amount of one thousand five
hundred to three thousand roubles or deprivation of the right to acquire and keep or keep and bear weapons for a term of one year to two years.
Article 20.13. Shooting at Places Which Are Not Intended for It Shooting in populated areas and at other places which are not intended for it, as well as
shooting at places which are intended for it in violation of the established rules - shall entail the imposition of an administrative fine in the amount of two thousand to five
thousand roubles with confiscation of weapons and cartridges for them or deprivation of the right to acquire and keep or to keep and bear weapons for a term of one year to three years with confiscation of weapons and cartridges for them.
Article 20.14. Violating the Rules of Certifying Weapons and Cartridges Therefor Violating the certification rules, when producing or putting in circulation weapons and
cartridges therefor - shall entail the imposition of an administrative fine on citizens in the amount of one
thousand to one thousand five hundred roubles with or without confiscation of the weapons and cartridges therefor; on officials in the amount of two thousand to three thousand roubles; and on legal entities in the amount of twenty thousand to thirty thousand roubles with or without confiscation of the weapons and cartridges therefor.
Article 20.15. Sale of Mechanical Sprayers, of Aerosol and Other Devices, Containing Lachrymatory or Irritating Substances, or Equipped with Electric Shock or Spark Dischargers, without Appropriate Licenses
Sale of mechanical sprayers, of aerosol and other devices, containing lachrymatory or irritating substances, or equipped with electric shock or spark dischargers, without appropriate licenses -
shall entail the imposition of an administrative fine on citizens in the amount of two thousand to two thousand five hundred roubles accompanied by confiscation of the subjects of the administrative offence; on officials in the amount of four thousand to five thousand roubles accompanied by confiscation of the subjects of the administrative offence; and on legal entities in the amount of forty thousand to fifty thousand roubles accompanied by confiscation of the subjects of the administrative offence.
Article 20.16. Unlawful Private Detective or Guard Activities 1. Illegal conducting of private security guard activity - shall entail the imposition of an administrative fine on citizens in the amount of from one
thousand five hundred roubles to two thousand five hundred roubles, on officials in the amount of from two thousand to three thousand roubles and on legal entities in the amount of twenty thousand to thirty thousand roubles.
2. Illegal conducting of private detective (search) activity - shall entail the imposition of an administrative fine on citizens in the amount of from two
thousand to two thousand five hundred roubles, on officials in the amount of from four thousand to five thousand roubles and on legal entities in the amount of from thirty thousand to forty thousand roubles.
3. Conducting by a non-state educational facility of activities aimed at training and raising qualifications of personnel for private detective or guard work without a special permit (license) or with a failure to satisfy the requirements established by laws -
shall entail the imposition of an administrative fine on the head of the educational facility in the amount of four thousand to five thousand roubles.
4. Rendering private detective or guard services, which are not stipulated by law or are rendered in violation of the requirements established by law -
shall entail the imposition of an administrative fine on private detectives (security guards) in the amount of one thousand five hundred roubles to two thousand roubles, and on heads of
the organizations engaged in private detective or guarding activities in the amount of three thousand to five thousand roubles.
Article 20.17. Violating Pass Procedures at an Object under Guard Unauthorized penetration into an object guarded in the established procedure - shall entail the imposition of an administrative fine in the amount of three hundred to five
hundred roubles.
Article 20.18. Blocking Transport Lines The organisation of the blocking, as well as an active participation in the blocking of
transport lines - shall entail the imposition of an administrative fine in the amount of two thousand to two
thousand five hundred roubles or administrative arrest for a term of up to fifteen days.
Article 20.19. Violating the Special Regime of a Closed Administrative and Territorial Formation (CATF)
Violating the special regimen of a closed administrative and territorial formation (CATF) established by law -
shall entail the imposition of an administrative fine in the amount of one hundred to one thousand roubles.
Article 20.20. Drinking of Beer and Drinks Manufactured on Its Base and of Alcoholic and Spirituous Products or Consumption of Narcotic Drugs or Psychotropic Substances in Public Places
1. Drinking of beer and drinks manufactured on its base and also of alcoholic and spirituous products containing ethyl alcohol less than 12 per cent of the volume of finished products at children's, educational and medical organisations, on all types of public transport (general use transport) of urban and suburban communication, at organisations of culture (except for organisations or places of public catering situated therein, including without formation of a juridical person), and at physical-training-and-health-improving and sports facilities -
shall entail imposition of an administrative fine in an amount of one hundred to three hundred roubles.
2. Drinking of alcoholic and spirituous products containing ethyl alcohol 12 or more per cent of the volume of finished products in streets, at stadiums, in public gardens, in a transport vehicle of general use, at other public places (including those indicated in Item 1 of this Article), except for organisations of trade and public catering in which it is permitted to sell alcoholic products for consumption on the premises -
shall entail imposition of an administrative fine in an amount of five hundred to seven hundred roubles.
3. Consumption of narcotic drugs or psychotropic substances without a doctor's prescription or consumption of other intoxicating substances in streets, at stadiums, in public gardens, in a transport vehicle of general use and also at other public places -
shall entail the imposition of an administrative fine in the amount of four thousand to five thousand roubles or an administrative arrest for a term of up to fifteen days.
4. The actions cited in Part 3 of this article which are made by a foreign or stateless person -
shall entail the imposition of an administrative fine in the amount of four thousand to five thousand roubles with an administrative exclusion from the Russian Federation or an administrative arrest for a term of up to fifteen days with an administrative exclusion from the Russian Federation.
Article 20.21. Appearing in Public Places in a State of Alcoholic Intoxication Appearing in streets, stadiums, public gardens, parks, in a public transport vehicle and in
other public places in a state of alcoholic intoxication offending human dignity or public morals - shall entail the imposition of an administrative fine in the amount of one hundred to five
hundred thousand roubles or administrative arrest for a term of up to fifteen days.
Article 20.22. Appearance of Minors in a State of Alcoholic Intoxication, as well as Their Drinking of Beer and Drinks Manufactured on Its Base, Alcohol and Alcohol- Containing Products or Taking Drugs and Psychotropic Substances in Public Places
The appearance of minors of an age of less than 16 years in a state of alcoholic intoxication, as well as their drinking of beer and drinks manufactured on its base, alcohol and alcohol-containing products, their taking drugs and psychotropic substances without doctor's orders, or other stupefying substances in streets, stadiums, in public gardens, parks, in a public transport vehicle and in other public places -
shall entail the imposition of an administrative fine on parents or on other legal representatives of the minors in the amount of three hundred to five hundred roubles.
Article 20.23. Violating the Rules of Production, Storage, Sale and Acquisition of Special Technical Means Intended for Secret Obtainment of Information
1. Violating the rules of production, storage, sale and acquisition of special technical means intended for secret obtainment of information in the presence of a special permit (license) -
shall entail the imposition of an administrative fine on officials in the amount of four thousand to five thousand roubles.
2. Violating the rules of development, importation into the Russian Federation and exportation from the Russian Federation, as well as violating the procedure for certification, registration and taking stock of special technical means intended for secret obtainment of information -
shall entail the imposition of an administrative fine on citizens in the amount of two thousand to two thousand five hundred roubles accompanied by confiscation of the special technical means intended for secret obtainment of information; and on officials in the amount of three thousand to five thousand roubles accompanied by confiscation of the special technical means intended for secret obtainment of information.
Article 20.24. Unlawful Use of Special Technical Means, Intended for Secret Obtainment of Information, for Private Detective or Guard Activities
Using for private detective or guard activities special technical means which are intended for secret obtainment of information and which are not stipulated by the established lists thereof -
shall entail the imposition of an administrative fine on private detectives (security guards) in the amount of from one thousand to two thousand five hundred roubles accompanied by confiscation of unlawfully used special technical means; and on heads of private guard organisations (societies and associations) in the amount of one thousand to five thousand roubles.
Article 20.25. Nonpayment of the Administrative Fine or Willful Departure from the Place of Serving the Administrative Arrest
Article 20.25. Evading the Performance of an Administrative Penalty
1. Failure to pay the administrative fine within the time limit fixed by this Code, - shall involve the imposition of the double amount of the unpaid administrative fine, but at
least a thousand roubles, or an administrative arrest for a period of up to fifteen days. 2. Willful departure from the place of serving an administrative arrest shall involve an administrative arrest for a period of up to fifteen days.
3. The evasion of a foreign citizen or stateless person of performance an administrative penalty in the form of administrative expulsion from the Russian Federation in the form of his/her exit from the Russian Federation on his/her own under control
shall cause the imposition of an administrative fine at a rate from 3,000 to 5,000 roubles and enforced expulsion from the Russian Federation.
Article 20.26. Unauthorized Termination of Work as a Means of Settling a Collective or Individual Labour Dispute
1. Unauthorized termination of work or leaving a working place, as a means of settling a collective or individual labour dispute, by a person ensuring the safety of an appropriate type of activities for the population, where such actions (omissions) are prohibited by federal law -
shall entail the imposition of an administrative fine in the amount of one thousand to one thousand five hundred roubles.
2. Organisation of the actions (omissions), provided for by Part 1 of this Article - shall entail the imposition of an administrative fine in the amount of one thousand five
hundred to two thousand five hundred roubles.
Article 20.27. Breach of the Legal Regime of a Counter-Terrorist Operation 1. Non-submission to a legal demand of an official of a federal security service body
concerning the observance of measures and temporary limitations established on the territory (facility) within which (on which) the legal regime of a counter-terrorist operation has been introduced -
shall cause the imposition of an administrative fine on citizens in an amount of up to five hundred roubles; on officials from one thousand to three thousand roubles; on legal entities from five thousand to ten thousand roubles.
2. An unauthorised entry or an attempt to enter a territory (facility) within which (on which) the legal regime of a counter-terrorist operation has been introduced -
shall cause the imposition of an administrative fine on citizens in an amount of five hundred to one thousand roubles.
3. Impeding the implementation of a counter-terrorist operation - shall cause the imposition of an administrative fine on citizens in an amount of one
thousand to two thousand roubles or an administrative arrest for a term of up to 15 days; on officials from three thousand to five thousand roubles or an administrative arrest for a term of up to 30 days; on legal entities from ten thousand to thirty thousand roubles.
4. A breach by the editor-in-chief or the editorial board of a mass medium, by an organisation carrying out television and/or radio broadcasting, or by another organisation that issues or disseminates mass media of the terms and conditions for covering a counter-terrorist operation established by the legislation of the mass media -
shall cause the imposition of an administrative fine on citizens in an amount of five
hundred to two thousand roubles; on officials from one thousand to five thousand roubles; on legal entities from thirty thousand to one thousand roubles.
Article 20.28. Organisation of Activity of a Non-government or Religious Association in Whose Respect a Decision Has Been Taken to Suspend Its Activity
The organisation of activity of a non-government or religious association in whose respect a decision has been taken to suspend its activity and also the participation in such activity -
shall entail the imposition of a fine on the organisers in an amount of one thousand to two thousand roubles; on the participants - of five hundred to one thousand roubles.
Article 20.29. Production and Dissemination of Extremist Materials Mass dissemination of extremists materials included into a published official list of
extremist materials, as well as their production or keeping for the purpose of mass dissemination -
shall entail imposition of an administrative fine upon individuals in the amount from one thousand to three thousand roubles or and an administrative arrest for a term up to fifteen days accompanied by confiscation of the said materials and equipment used for their production, upon officials from two thousand to five thousand roubles accompanied by confiscation of the said material and equipment used for production thereof and upon legal entities from fifty thousand to one hundred thousand roubles or an administrative suspension of their activities for a term up to ninety days accompanied by confiscation of the said materials and equipment used for production thereof.
Article 20.30. Failure to Satisfy the Requirements for Ensuring the Safety and Antiterrorist Protection of Fuel and Energy Complex Facilities
A failure to satisfy the requirements for ensuring the safety and antiterrorist protection of fuel and energy complex facilities, as well as impeding the satisfaction of the cited requirements by officials, including by top managers of a fuel and energy complex entity and by citizens, if these actions do not contain a criminally punishable deed -
shall entail the imposition of an administrative fine on citizens in the amount of three thousand to five thousand roubles and on officials in the amount of thirty thousand to fifty thousand roubles or disqualification for a term from six moths to three years.
Chapter 21. Administrative Offences in Military Registration
Article 21.1. Failure to Submit to a Military Registration and Enlistment Office, or to Any Other Agency Engaged in Military Registration, Lists of Citizens Subject to Primary Military Registration
Failure of the head or of any other official of an organisation, as well as of an official of a local self-government body responsible for military registration, to submit within the established term lists of citizens subject to primary military registration to a military registration and enlistment office, or to any other body engaged in military registration -
shall entail the imposition of an administrative fine in the amount of three hundred to one thousand roubles.
Article 21.2. Failure to Notify Citizens of Their Summoning by Subpoena to a Military Registration and Enlistment Office, or to Any Other Agency Engaged in Military Registration
Failure of the head or of any other official of an organisation, as well as of an official of a local self-government body responsible for military registration, to notify citizens of their summoning by subpoena to a military registration and enlistment office, or to any other agency engaged in military registration, as well as failure to provide citizens with an opportunity to appear in due time at a military registration and enlistment office, or at any other agency, engaged in military registration, when summoned by a subpoena thereof -
shall entail the imposition of an administrative fine in the amount of five hundred to one thousand roubles.
Article 21.3. Untimely Submission of Data about Changes in the Composition of Citizens, Having Permanent Residence, or of Citizens Staying for More than Three Months at a Place of Temporary Residence, Who Are Subject to Military Registration
Failure of the head of an organisation, or of any other official responsible for military registration in an organisation engaged in maintenance of living premises, to submit within the established term to a military registration and enlistment office or to any other agency, engaged in military registration, data about changes in the composition of citizens, having permanent residence, or of citizens staying for more than three months at a place of temporary residence, who are subject to military registration -
shall entail the imposition of an administrative fine in the amount of three hundred to one thousand roubles.
Article 21.4. Failure to Submit Data about Citizens Who Are Subject to Military Registration
1. Failure of an official of an agency of the state service of medico-social expertise to submit within the established term data about recognizing citizens, who are subjects to military registration, as disabled persons to a military registration and enlistment office, or to any other agency engaged in military registration -
shall entail the imposition of an administrative fine in the amount of three hundred to five hundred roubles.
2. Failure of an official of a civil registration agency to submit within the established term data about introducing changes to civil registration records concerning citizens who are subjects to military registration to a military registration and enlistment office, or to any other body engaged in military registration -
shall entail the imposition of an administrative fine in the amount of three hundred to five hundred roubles.
3. Failure of the head of an organisation, or of other official responsible for military registration therein, to submit to a military registration and enlistment office, or to any other agency engaged in military registration, data about recruited (accepted for training) or dismissed (expelled from educational institutions) citizens who are subjects to military registration, but are not so registered -
shall entail the imposition of an administrative fine in the amount of three hundred to one thousand roubles.
Article 21.5. Failure of Citizens to Discharge Their Duties, as Regards Military Registration
Failure of a citizen, who is subject to military registration, to appear in due time at the established place without good reason, when summoned by (summoned by a subpoena of) a military registration and enlistment office, or by any other agency engaged in military registration, as well as a citizen's failure to appear within the established period at the military
commissariat for being put on military registration, taken off the military registration or for introduction of amendments into the documents of military registration in the movement to a new place of residence situated beyond the limits of the territory of the municipal formation, place of stay for a period over three months or departure from the Russian Federation for a period of over six months or entry into the Russian Federation, as well as his failure to notify within the established term a military registration and enlistment office, or other agency engaged in military registration about a change of the family status, education, place of work or post, about movement to a new place of residence situated with the limits of the territory of the municipal formation, or place of stay -
shall entail a warning or the imposition of an administrative fine in the amount of one hundred to five hundred roubles.
Article 21.6. Avoiding Physical Examination Avoidance by a citizen of a physical examination, ordered by a commission for military
registration of citizens, or of a medical examination ordered by a recruitment commission - shall entail a warning or the imposition of an administrative fine in the amount of one
hundred to five hundred roubles.
Article 21.7. Willful Damage or Loss of Military Registration Documents Willful damage or destruction of a military serviceman's identity card or an identity card of
a citizen, subject to conscription, or negligent keeping of a military serviceman's identity card or an identification card of a citizen, subject to conscription, which has caused the loss thereof -
shall entail a warning or the imposition of an administrative fine in the amount of one hundred to five hundred roubles.
Section III. Judges, Bodies and Officials Authorized to Try Cases Concerning Administrative Offences
Chapter 22. General Provisions
Article 22.1. Judges and Bodies Authorized to Try Cases Concerning Administrative Offences
1. Cases concerning the administrative offences provided for by this Code shall be tried within the scope of the jurisdiction established by Chapter 23 of this Code:
1) by judges (justices of the peace); 2) by commissions for cases involving minors and protection of their rights; 3) by federal executive power bodies, their structural subdivisions, territorial agencies
and structural subdivisions of territorial agencies thereof, as well as by other state bodies according to the tasks set for them and the functions imposed on them by federal laws or by normative legal acts of the President of the Russian Federation or the Government of the Russian Federation;
4) by agencies and institutions of the criminal execution system; 5) by the bodies exercising the federal assay supervision and the state control over
production, extraction, processing, use, circulation, registration and storage of precious metals and precious stones;
6) by executive power bodies of constituent entities of the Russian Federation in case of delegating thereto the authority of the Russian Federation as to the exercise of the state control and supervision which are cited in Chapter 23 of this Code.
7) by state institutions subordinate accordingly to the federal executive bodies authorised under federal laws to exercise federal state fire supervision, state harbor control, state supervision of the use and protection of specially protected natural areas in specially protected natural territories of federal importance.
2. Cases concerning the administrative offences, provided for by the laws of the subjects of the Russian Federation, shall be tried within the scope of authority established by these laws:
1) by justices of the peace; 2) by commissions for cases involving minors and for protection of their rights; 3) by authorized agencies and institutions of executive bodies of the subjects of the
Russian Federation; 4) by administrative commissions or by other collegiate bodies established in compliance
with the laws of the subjects of the Russian Federation.
5) by the state institutions subordinate accordingly to executive power bodies of constituent entities of the Russian Federation authorised under federal laws to exercise federal state forest supervision, state supervision of the use and protection of specially protected natural areas in specially protected natural territories of regional importance.
Article 22.2. Authority of Officials 1. Cases concerning the administrative offences provided for by this Code shall be tried
within the scope of authority thereof by the officials cited in Chapter 23 of this Code. 2. On behalf of the bodies indicated in Item 3 of Part I of Article 22.1 of this Code the
following persons shall be entitled to try cases concerning administrative offences: 1) heads of federal executive bodies and their deputies; 2) heads of structural subdivisions of federal executive bodies and their deputies; 3) heads of territorial agencies of federal executive bodies and their deputies; 4) heads of structural subdivisions of territorial agencies of federal executive power
bodies and their deputies; 5) other officials exercising supervisory or control functions in compliance with federal
laws or normative legal acts of the President of the Russian Federation or the Government of the Russian Federation.
3. Heads of detention homes, correctional institutions, investigatory isolation wards and temporary isolation wards shall be empowered to try cases concerning administrative offences on behalf of the bodies cited in Item 4 of Part One of Article 22.1 of this Code.
4. The following persons shall be empowered to try cases on administrative offences on behalf of the bodies cited in Item 5 of Part 1 of Article 22.1 of this Code:
1) the head of the federal institution exercising the federal assay supervision and the state control over production, extraction, processing, use, circulation, registration and storage of precious metals and precious stones, as well as deputies thereof;
2) heads of the state assay supervision inspectorates and heads of other structural subdivisions of the federal institution exercising the federal assay supervision and the state control over the production, extraction, processing, use, circulation, registration and storage of precious metals and precious stones, as well as deputies thereof (in appropriate areas of their operation).
5. The following persons shall be empowered to try cases on administrative offences on behalf of the bodies cited in Item 6 of Part One of Article 22.1 of this Code:
1) heads of executive power bodies of constituent entities of the Russian Federation and deputies thereof;
2) authorised officials of executive power bodies of constituent entities of the Russian
Federation. 6. Cases on the administrative offences provided for by laws of constituent entities of the
Russian Federation shall be tried on behalf of the bodies cited in Item 3 of Part 2 of Article 22.1 of this Code by authorized officials of executive power bodies of constituent entities of the Russian Federation.
7. Officials authorized to try cases on administrative offences shall have these powers in full, if not otherwise established by Chapter 23 of this Code or by a law of a constituent entity of the Russian Federation.
Article 22.3. Jurisdiction of Cases Concerning Administrative Offences in the Event of Abolishing, Reorganising or Renaming Bodies (Posts of Officials) Authorized to Try Cases Concerning Administrative Offences
1. In the event of abolishing a body, institution, structural subdivisions or territorial agencies thereof, the post of the official, indicated in Chapter 23 of this Code or in a law of a subject of the Russian Federation, cases within the scope of their jurisdiction , pending the introduction of appropriate amendments and additions to this Code or to the law of the subject of the Russian Federation, shall be tried by judges.
2. In the event of transformation or of other reorganisation, as well as of reassignment of a body, institution, structural subdivisions or territorial agencies thereof, indicated in Chapter 23 of this Code or in a law of a subject of the Russian Federation, cases concerning administrative offences, pending the introduction of appropriate amendments and additions to this Code or to the law of the subject of the Russian Federation, shall be tried by the body, institution, structural subdivisions and territorial agencies thereof, which said functions have been transferred to.
3. In the event of renaming a body, institution, structural subdivisions and territorial agencies thereof, or the post of an official, indicated in Chapter 23 of this Code or in a law of a subject of the Russian Federation, officials of this body, institution, structural subdivisions or territorial agencies thereof, shall continue to exercise their powers connected with consideration of cases concerning administrative offences, pending the introduction of appropriate amendments to this Code or to the law of the subject of the Russian Federation.
Chapter 23. Judges, Bodies and Officials Authorized to Try Cases Concerning Administrative Offences
Article 23.1. Judges
The provisions of Article 23.1 of this Code (in the wording of Federal Law No. 263-FZ of October 4, 2010) shall cover the legal relations arising in connection with holding elections and referendums appointed after the day of the entry into force of the said Federal Law
1. Judges shall try cases concerning the administrative offences provided for by Articles from 5.1 to 5.26, by Part 2 of Article 5.27, by Articles 5.37-5.43, 5.45-5.52, 5.56-5.63, 6.1, 6.2, 6.8, 6.9, 6.11-6.16, 6.16.1, 6.18, 7.5, 7.12, 7.15, 7.17, 7.19, part 2 of Article 7.23.1, Articles 7.24, 7.27, 7.27.1, 7.28, Part 2 of Article 7.31, Part 2 of Article 8.28, by Parts 3 and 4 of Article 8.40, Part 3 of Article 9.1 (in as much as it concerns blunt breach of the terms of licences to pursue types of activity in the area of industrial safety), Articles 9.13, 9.14, 10.5.1, 10.11, by Part 2 of Article 11.3, Part 7 of Article 11.5, by Part 2 of Article 11.15.1, by Part 4 of Article 11.17, by Articles 11.21, 11.22, 11.24, by Part 4 of Article 12.2, by part 2.1 of Article 12.3, by Parts 1, 2 and part 3 (in case of unlawful plotting of the colour-graphic scheme of a taximeter passenger car) of Article 12.4, by Parts 3, 4 - 7 of Article 12.5, by Part 2 of Article 12.7, Article 12.8, Part 3
of Article 12.10, Part 4 of Article 12.15 (except for the cases when an administrative offence is recorded by special automatic technical facilities featuring photographic and cine-shooting or video-recording functions or by photographic and cine-shooting or video-recording facilities), Article 12.26, Parts 2 and 3 of Article 12.27, Article 12.35, by Parts 1 and 2 of Article 13.5, by Articles 13.10, 13.11, by Part 5 of Article 13.12, Articles 13.14-13.16, 13.20, 13.21, 13.23, by Part 2 of Article 13.25, by Articles 13.27, 13.28, 14.1, 14.1.1, from 14.10 to 14.14, by Parts 1 and 2 of Article 14.16, by Parts 1, 3 and 4 of Article 14.17, Articles 14.18, 14.23, Parts 1, 2 and 4 of Article 14.25, Article 14.27, Parts 1 and 5 of Article 14.34, by Articles 14.35-14.37, 14.43- 14.49, Articles from 15.3 to 15.12, by Part 11 of Article 15.23.1, by Article 15.26, Part 5 of Article 15.27, Articles 15.32, 15.33, Part 2 of Article 16.1, Articles 17.1-17.13, Parts 2 and 2.1 of Article 17.14, Article 17.16, Articles from 18.11 to 18.13, 19.1, by Parts 1, 3-5 of Article 19.3, by Parts 1 and 3 of Article 19.4, by Article 19.4.1, by Parts 1 and 12-15 of Article 19.5, by Articles 19.6, 19.6.1, 19.7, by Part 3 of Article 19.7.1, by Parts 1 and 2 of Article 19.7.5-1, Part 2 of Article 19.8.1, by Articles 19.9, 19.11-19.13, by Articles 19.20, 19.21, 19.23, 19.26-19.30, 19.32, 19.33, 20.2, 20.3, 20.5-20.7, Parts 2 and 6 of Article 20.8, Articles 20.9, 20.13, 20.15, 20.18, 20.19, Part 4 of Article 20.20, Article 20.23, by Article 20.24 (in respect of private detectives (security guards), by Articles 20.25-20.30 of this Code.
2. Cases concerning the administrative offences provided for by Part 1 of Article 5.27, part 3 of Article 5.35, Articles 5.53, 6.3 - 6.6, 6.13, 8.2 and 8.3, by Part 2 of Article 8.6, by Part 2 of Article 8.12, by Part 2 of Article 8.13, by Part 1 of Article 8.14, by Articles 8.17 to 8.20, by Parts 1 and 3 of Article 8.21, by Parts 2 and 3 of Article 8.31, by Parts 2 and 3 of Article 8.26, 8.34, 8.35, 8.37 - 8.39, Articles 9.1 - 9.3, parts 2 and 3 of Article 9.4, Article 9.5, by Part 3 of Article 9.5.1, by Articles 9.6 and 9.9, 9.11, Parts 1 and 2 of Article 9.16, Articles 9.17, 9.18, 10.3, 10.6, 10.8, 11.1, 11.4, Parts 1-3 and 5 of Article 11.5, Parts 1-3 of Article 11.7, Articles 11.9, Part 6 of Article 11.17, Article 11.20, by Part 2 of Article 12.2, by Part 4 of Article 12.9, by Part 1 of Article 12.10, by Part 3 of Article 12.16, by Part 2 of Article 12.17, by Parts 1 and 2 of Article 12.21.1, Part 1 of Article 12.21.2, by Article 12.24, by Articles 13.2 - 13.4, 13.6 - 13.8, by Parts 2 and 4 of Article 13.12, by Articles 13.13, 13.22, 14.2, by Part 2 of Article 14.4, by Parts 1 and 2 of Article 14.6, by Part 2 of Article 14.9, by parts 2.1 and 3 of Article 14.16, by Part 1 of Article 14.20, Articles 14.26, 14.29, 14.31-14.33, by Parts 1 and 2 of Article 15.19, Article 15.21, by Parts 1 and 2 of Article 15.22, by Parts 1 - 10 of Article 15.23.1, Article 15.24.1, Parts 2 and 3 of Article 15.27, by Parts 1 - 7, 9-11 of Article 15.29, by Article 15.30, Parts 1 and 3 of Article 16.1, Article 16.2, Part 2 of Article 16.3, Article 16.7, Part 1 of Article 16.9, Article 16.16, Part 1 of Article 16.18, Parts 1 - 3 of Article 16.19, Part 1 of Article 16.20, Article 16.21, part 2 of Article 16.24, by Parts 2 and 3 of Article 18.1, by Part 2 of Article 18.3, by Part 2 of Article 18.4, by Articles 18.7, 18.8, 18.10, 18.15-18.17, by Item 2 of Article 19.3, by Parts 2 - 2.3, 2.6, 2.7, 3, 5, 6, 8, 11 and 17 of Article 19.5, by Articles 19.7.3, part 1 of Article 19.24, Part 1 of Article 19.27, by Article 20.1, by Part 5 of Article 20.4, parts 3 - 5 of Article 20.8, by Article 20.10, by Parts 1 and 3 of Article 20.12, by Article 20.14, Part 3 of Article 20.20, by Article 20.21 of this Code, shall be considered by judges , if the body or the official, which has received a case concerning such administrative offences, transfers it to a judge for consideration.
3. Cases concerning administrative offences, indicated in Parts 1 and 2 of this Article and committed by military servicemen or citizens called up for military refresher training, shall be tried by garrison military tribunals.
Cases concerning the administrative offences, which are indicated in Parts 1 and 2 of this Article and which are tried in the form of an administrative investigation, as well as cases concerning the administrative offences which entail an administrative deportation from the Russian Federation, the administrative suspension or disqualification of the persons who
occupy positions of the federal state civil service, positions of the state civil services of a subject of the Russian Federation or positions of a municipal service, shall be considered by judges of district courts.
Judges of arbitration courts shall consider cases concerning the administrative offences provided for by Articles 7.24, parts 2 and 3 of Article 9.4, Articles 9.5, 9.5.1, 14.1, from 14.10 to 14.14, by Parts 1 and 2 of Article 14.16, by Parts 1, 3 and 4 of Article 14.17, by Articles 14.18, 14.23, 14.27, 14.36, 14.37, 14.43-14.49, 14.50, Part 1 of Article 15.10, Parts 2 and 2.1 of Article 17.14, by Parts 6 and 15 of Article 19.5 and by Article 19.33 of this Code, committed by legal entities, as well as by individual businessmen.
Judges of arbitration courts shall hear cases of the administrative offences envisaged by Articles 14.9, 14.31, 14.31.1, 14.31.2, 14.32 and 14.33 of the present Code.
All other cases concerning the administrative offences indicated in Parts 1 and 2 of this Article, shall be tried by justices of the peace.
Article 23.2. Commissions for Cases Involving Minors and Protection of Their Rights 1. District (town) commissions for cases of minors and protection of their rights and such
district commissions in cities shall try cases concerning the administrative offences committed by minors, as well as cases concerning the administrative offences provided for by Articles 5.35, 5.36, 6.10 and 20.22 of this Code.
2. Cases concerning the administrative offences provided for by Article 11.18 of this Code, as well as cases concerning administrative offences related to road traffic, shall be tried by commissions for cases involving minors and protection of their rights, if the body or the official, which has received a case concerning such an administrative offence, transfers it to said commission for consideration.
Article 23.3. Internal Affairs Bodies (Police)
1. Internal affairs bodies (police) shall consider cases concerning the administrative offences provided for by Articles 8.22, 8.23, 10.4, 10.5, by Parts 1,3,4 and 5 of Article 11.1, by Articles 11.9, 11.14, 11.15, by Parts 1,2 and 3 of Article 11.17, by Articles 11.23, 12.1, Parts 1 - 3 of Article 12.2, by parts 1, 2, 3 of Article 12.3 (except where a transport vehicle is driven by a driver who does not have his license with him), by Part 3 of Article 12.4 (except when illegally plotting the colour-graphic scheme of a taximeter passenger car), Parts 1, 2 and 3.1 of Article 12.5, by Article 12.6, Parts 1 and 3 of Article 12.7, Article 12.9, Parts 1 and 2 of Article 12.10, Articles 12.11-12.14, Parts 1 - 3, Part 4 (in case when an administrative offence is recorded by special automatic facilities featuring photographic and cine-shooting or video-recording functions or photographic and cine-shooting or video-recording facilities) of Article 12.15, Articles 12.16 - 12.24, parts 1 and 2 of Article 12.25 Part 1 of Article 12.27, Articles 12.28 - 12.34 and 12.36.1, 12.37, 13.24, part 2 of Article 14.4.1 Parts 3 and 4 of Article 14.16, Articles 14.26, by Articles 19.2, 19.15, Part 1 of Article 19.22 (insofar as they concern registration of motor transport vehicles, having an engine capacity of more than fifty cubic centimetres and the maximum designed speed of more than fifty kilometers per hour, and trailers thereto, intended for motorroads in general use), by Articles 19.24, 20.1, parts 1, 3 - 5 of Article 20.8, Articles 20.10 - 20.12, 20.14, by Articles 20.16, 20.17, by Parts 1-3 of Article 20.20, by Article 20.21, by Part 1 of Article 20.23, by Article 20.24 (in respect of heads of private guard organisations [societies and associations]) of this Code.
2. The following persons shall be entitled to consider cases concerning administrative offences on behalf of the bodies indicated in Part 1 of this Article:
1) heads of territorial internal affairs departments (divisions) and of equivalent internal
affairs bodies and their deputies, heads of territorial police divisions (stations) and their deputies cases concerning administrative offences provided for by Articles 8.22, 8.23, 10.4, 10.5, 11.9, 11.14, 11.15, 13.24, part 2 of Article 14.4.1, parts 2.1 and 3 of Article 14.16, Articles 14.26, 19.2, by Part 1 of Article 19.22 (insofar as they concern registration of motor transport vehicles, having an engine capacity of more than fifty cubic centimetres and a maximum designed speed of more than fifty kilometres per hour, and trailers thereto, intended for motorroads in general use), by Articles 19.24, 20.1, Parts 1, 3 - 5 of Article 20.8, Articles 20.10 - 20.12, 20.14, 20.16, 20.17, by Parts 1 - 3 of Article 20.20, by Article 20.21, by Part 1 of Article 20.23, by Article 20.24 (in respect of heads of private guard organisations (societies and associations) of this Code.
2) heads of line police divisions (departments) on transport and their deputies - cases concerning administrative offences provided for by Parts 1, 3, 4 and 5 of Article 11.1, by Articles 11.9, 11.14, 11.15, by Parts 1, 2 and 3 of Article 11.17, by Articles 13.24, 14.26, 20.1, Parts 1, 3 - 5 of Article 20.8, Articles 20.12, 20.17, by Parts 1 - 3 of Article 20.20, by Article 20.21 and by Part 1 of Article 20.23 of this Code;
3) heads of duty shifts of duty units of line police divisions (departments) on transport and heads of line police posts - cases concerning the administrative offences provided for by Parts 1, 3, 4 and 5 of Article 11.1, by Articles 11.9, 11.14, 11.15, by Parts 1, 2 and 3 of Article 11.17, by Articles 13.24, 20.1, by Parts 1 and 2 of Article 20.20 of this Code;
4) heads of duty shifts of duty units of line police divisions (departments) on transport, heads of line police posts and other police officers in charge of the supervision over observance of appropriate rules - cases concerning administrative offences committed on railway transport and provided for by Parts 1, 3 ,4 and 5 of Article 11.1, by Articles 11.14, 11.15, by Parts 1, 2 and 3 of Article 11.17 (for violations on railway transport) of this Code;
5) the head of the state inspectorate of road traffic safety and his deputy, the commander of a regiment (battalion or company) of the road traffic patrol service and his deputy - cases concerning the administrative offences provided for by Articles 8.22, 8.23, 11.23, 12.1, the first- third parts of the Article 12.2, by parts 1, 2, 3 of Article 12.3 (except where a transport vehicle is driven a driver who does not have a license with him), the third part of Article 12.4 (except when illegally plotting the colour-graphic scheme of a taximeter passenger car), Parts 1, 2 and 3.1 of Article 12.5, by Article 12.6, Parts 1 and 3 of Article 12.7, Article 12.9, Parts 1 and 2 of Article 12.10, Articles 12.11-12.14, Parts 1-3, Part 4 (in case when an administrative offence is recorded by special automatic facilities featuring photographic and cine-shooting or video- recording functions or photographic and cine-shooting or video-recording facilities) of Article 12.15, Articles 12.16-12.24, parts 1 and 2 of Article 16.25, Part 1 of Article 12.27, Articles 12.28- 12.34 and 12.36.1, 12.37, by Part 1 of Article 19.22 (insofar as they concern registration of motor transport vehicles, having an engine capacity of more than fifty cubic centimetres and a maximum designed speed of more than fifty kilometres per hour, and trailers thereto, intended for motorroads in general use) of this Code;
Federal Law No. 69-FZ of April 21, 2011 amended Item 6 of part 2 of Article 23.3 of this Code. The amendments shall enter into force on January 1, 2012
6) officers of the state inspectorate of road traffic safety who have a special rank - cases concerning the administrative offences provided for by Article 12.1, by Parts 1 and 2 of Article 12.2, by parts 1, 2, 3 of Article 12.3 (except where a transport vehicle is driven by a driver who does not have a license with him), by Parts 1 and 3 of Article 12.5, by Article 12.6, by Parts 1, 2 and 3 of Article 12.9, by Part 2 of Article 12.10, by Parts 1 and 2 of Article 12.11, by Articles
from 12.12 to 12.14, by Parts 1 and 2 of Article 12.15, by Parts 1, 2, 4 and 5 of Article 12.16, by Parts 1-1.2 of Article 12.17, by Articles from 12.18 to 12.20, by Part 1 of Article 12.21, by Articles 12.22, 12.23, 12.28, by Parts 1 and 2 of Article 12.29, Part 1 of Article 12.30 and Part 1 of Article 12.37 of this Code;
7) state traffic safety inspectors - cases concerning administrative offences provided for by Articles 8.22, 8.23, by the first and second parts of Article 12.31, by Article 12.32, by Part 1 of Article 19.22 (insofar as they concern registration of motor transport vehicles having an engine capacity of more than fifty cubic centimetres and a maximum designed speed of more than fifty kilometres per hour, and trailers thereto, intended for motor-roads in general use) of this Code;
8) state road supervision inspectors - cases concerning the administrative offences provided for by Articles 12.33 and 12.34 of this Code;
Federal Law No. 69-FZ of April 21, 2011 amended Item 9 of part 2 of Article 23.3 of this Code. The amendments shall enter into force on January 1, 2012
9) senior district police officers, district police officers cases concerning the administrative offences provided for by Article 12.1, Parts 1 and 2 of Article 12.2, by parts 1, 2, 3 of Article 12.3 (except where a transport vehicle is driven by a driver who does not have a driving license with him), by Articles 12.22, 12.23, 12.28, by Parts 1 and 2 of Article 12.29, by Part 1 of Article 12.30, by Articles 19.2, 19.15, 19.24 and 20.1 of this Code.
3. The officials cited in Item 3 of Part 2 of this Article are entitled to impose administrative penalties upon citizens and official in the form of a notice or an administrative fine in the amount up to two thousand roubles.
Article 23.4. Bodies and Institutions of the Criminal Panishment System 1. Bodies and institutions of criminal panishment system shall try cases concerning the
administrative offences provided for by Part 2 of Article 19.3, by Article 19.12 (insofar as they concern the administrative offences of which the subjects are articles withdrawn from circulation) of this Code.
2. Heads of jails, correctional institutions, investigatory isolation wards and temporary detention isolation wards shall be empowered to try cases concerning administrative offences on behalf of the bodies and institutions indicated in Part 1 of this Article.
Article 23.5. Tax Bodies
Federal Law No. 30-FZ of April 2, 2012 amended Part 1 of Article 23.5 of this Code 1. The tax bodies shall try cases concerning the administrative offences provided for by
Part 4 of Article 14.5, by Article 15.1 and 19.7.6 of this Code. 2. The following persons shall be empowered to try cases concerning administrative
offences on behalf of the bodies indicated in Part 1 of this Article: 1) the head of the federal executive body, having authority in respect of taxes and fees,
and his deputies; 2) heads of territorial agencies of the federal executive body, having authority in respect
of taxes and fees, in the subjects of the Russian Federation, and his deputies; 3) heads of territorial agencies of the federal executive body, having authority in respect
of taxes and fees, in towns and districts.
Article 23.6. Abolished
Article 23.7. Bodies Performing the Functions of Control and Supervision in the Financial-and-Budgetary Sphere
1. The federal body of executive power performing the functions of control and supervision in the financial-and-budgetary sphere shall consider cases concerning administrative offences stipulated by Articles 15.14 to 15.16 of this Code with respect to recipients of means of the federal budget and recipients of means of the budgets of state off- budget funds.
2. Cases concerning administrative offences in the name of the body indicated in Item 1 of this Article may be considered by:
1) the head of the federal body of executive power performing control and supervision in the financial-and-budgetary sphere or his deputies;
2) the heads of the structural units of the federal body of executive power performing control and supervision in the financial-and-budgetary sphere or their deputies;
3) the heads of the territorial bodies of the federal body of executive power performing control and supervision in the financial-and-budgetary sphere or their deputies.
Article 23.8. Customs Bodies
1. The customs body shall consider cases about the administrative offences envisaged by parts 1, 3 and 4 of Article 16.1, Articles 16.2 - 16.24 of the present Code.
2. The following persons shall be empowered to try cases concerning administrative offences on behalf of the bodies indicated in Part 1 of this Article:
1) the head of the federal executive body, having authority in customs affairs, and his deputies;
1.1) the head of structural division of the federal body of the executive power authorised in the field of the customs business, his deputies;
2) heads of regional customs departments and their deputies; 3) heads of customs houses and their deputies; 4) heads of customs posts - cases concerning the administrative offences committed by
natural persons.
Article 23.9. Export Control Bodies 1. Bodies, having authority in respect of export control, shall try cases concerning the
administrative offences provided for by Article 14.20, Item 4 of Article 19.4, Item 2 of Article 19.5 (in the part concerning violation of legislation on export control), Item 2 of Article 19.8 (in the part concerning violation of legislation on export control) of this Code.
2. The following persons shall be empowered to try cases concerning administrative offences on behalf of the bodies indicated in Part 1 of this Article:
1) the head of the federal executive body, having authority in respect of export control, and his deputies;
2) heads of structural subdivisions of the federal executive body, having authority in respect of export control, and their deputies;
3) heads of territorial agencies of the federal executive body having authority in respect of export control, their deputies.
Article 23.10. Border Guard Agencies 1. Border guard agencies shall try cases concerning the administrative offences,
provided for by Part 2 of Article 7.2 (on eliminating or damaging special informational boundary
markers of coastal protective strips and water protection zones of the inland sea waters and the territorial sea of the Russian Federation, as well as marks erected by animal users or by specially authorized state bodies responsible for protection, control and regulation of the use of animals and of their habitat, of buildings and other structures owned by said users and bodies), by Articles 7.11, by Articles 8.16 - 8.20, 8.33, 8.35, by Part 2 of Article 8.37, by Articles 8.38, 18.1 - 18.7, 18.14 and by Part 2 of Article 19.4 of this Code.
2. The following persons shall be empowered to try cases concerning administrative offences on behalf of the bodies indicated in Part 1 of this Article:
1) the head of the federal executive body in charge of security and deputies thereof; 2) heads of the subdivisions authorized in respect of frontier guarding and protection of
aquatic biological resources and of the structural unit of the federal executive body in charge of security, having authority in respect of the protection of aquatic biological resources, as well as deputies thereof;
3) heads of departments and their deputies; 4) heads of services and detached units, as well as deputies thereof; 5) heads of the state sea inspectorates, of the state specialized inspectorates, the state
zonal (district) inspectorates and of specialized divisions (sections), as well as deputies thereof; 6) senior state inspectors of the Russian Federation for the state control over the
protection of aquatic biological resources; 7) heads of divisions, commandants of frontier commandant's offices, heads of frontier
control units, as well as deputies thereof; 8) heads of the state district inspectorates and of the state inspection stations; 9) the state inspectors of the Russian Federation for the state control over the protection
of aquatic biological resources; 10) captains of border ships (motor boats) and captains of border patrol vessels (motor
boats); 11) commanders of frontier outposts, sections, radio engineering and border stations, as
well as deputies thereof; 12) the state district inspectors of the Russian Federation for the state control over the
protection of aquatic biological resources; 13) chiefs of the units engaged in procedural activities, senior investigators, investigators,
senior specialists and specialists in the field of administrative proceedings. 3. Cases concerning the administrative offences, provided for by Articles 8.17 - 8.20 and
by Part 2 of Article 19.4 of this Code, shall be tried by the officials cited in Items 1 - 8 of Part 2 of this Article.
Article 23.11. Military Commissariats 1. Military commissariats shall consider cases concerning administrative offences
stipulated by Articles 19.25 and 21.1 - 21.7 of this Code. 2. Cases concerning administrative offences may be considered in the name of military
commissariats by: 1) military commissars; 2) heads of sections of military commissariats; 3) heads of subdivisions of sections of military commissariats.
Article 23.12. The Federal Executive Power Body Exercising State Supervision and Control over Observance of the Labour Legislation and Other Regulatory Legal Acts Containing Labour Law Rules
1. The federal executive power body exercising state supervision and control over the observance of the labour legislation and of other regulatory legal acts containing labour law
rules shall try cases on the administrative offences provided for by Part 1 of Article 5.27 and by Articles 5.28 - 5.34, 5.44 of this Code.
2. The following persons shall be empowered to try cases on administrative offences on behalf of the body cited in Part 1 of this Article:
1) the chief state labour inspector of the Russian Federation and deputies thereof; 2) the chief state labour law inspector of the Russian Federation; 3) the chief state labour protection inspector of the Russian Federation; 4) heads of structural units of the federal executive body exercising the state supervision
and control over observance of the labour legislation and other regulatory legal acts containing labour law rules, as well as deputies thereof (as regards legal matters and labour protection);
5) heads of regional agencies of the federal executive body exercising the state supervision and control over observance of the labour legislation and other regulatory legal acts containing labour law rules, as well as deputies thereof (as regards legal matters and labour protection);
6) heads of structural units of regional agencies of the federal executive body exercising the state supervision and control over observance of the labour legislation and other regulatory legal acts containing labour law rules, as well as deputies thereof (as regards legal matters and labour protection);
7) chief state labour inspectors; 8) senior state labour inspectors; 9) state labour inspectors.
Article 23.13. Bodies Exercising the Functions of Control and Supervision over the Population's Sanitary-and-Epidemiological Safety
1. The bodies exercising the functions of control and supervision over the population's sanitary-and-epidemiological safety shall try cases concerning the administrative offences provided for by Articles 6.3 - 6.7, by Part 2 of Article 7.2 (on eliminating or damaging marks of sanitary (mountain sanitary) zones and regions, medical-and-rehabilitation areas and resorts), Article 8.2, Article 8.5 (insofar as it concerns information about the condition of atmospheric air, sources of drinking water and of household water supply, as well as about radiation level), by Part 2 of Article 8.42 of this Code.
2. The following persons shall be empowered to try cases concerning administrative offences on behalf of the bodies indicated in Part 1 of this Article:
1) the head of the federal executive power body exercising the function of control and supervision over the population's sanitary-and-epidemiological safety - the chief state sanitary inspector of the Russian Federation;
2) deputies of the head of the federal executive power body exercising the function of control and supervision over the population's sanitary-and-epidemiological safety - deputies of the chief state sanitary inspector of the Russian Federation;
3) heads of a regional agency of the federal executive power body exercising the function of control and supervision over the population's sanitary-and-epidemiological safety - chief state sanitary inspectors for constituent entities of the Russian Federation;
4) deputy heads of a regional agency of the federal executive power body exercising the function of control and supervision over the population's sanitary-and-epidemiological safety - deputy chief state sanitary inspectors for constituent entities of the Russian Federation;
5) heads of structural units of regional agencies of the federal executive power body exercising the function of control and supervision over the population's sanitary-and- epidemiological safety and their deputies - chief state sanitary inspectors for cities, districts and on transport, as well as their deputies;
6) chief state sanitary inspectors of the federal executive power bodies in the field of internal affairs, defence, execution of punishments, preparedness activity and mobilization, security, state guard, control over traffic of narcotic agents and psychotropic substances, sanitary-and-epidemiological safety of employees of organisations pertaining to some branches of industry with especially hazardous labour conditions and of the population of some areas, their deputies, the chief state sanitary inspector for the facilities of the Directorate of Presidential Affairs of the Russian Federation and deputies thereof - cases concerning the administrative offences made at subordinate organisations and at those serviced by them, as well as at subordinate facilities and at the facilities and in the areas serviced by them;
7) chief state sanitary inspectors of regional agencies of the federal executive power bodies in the field of internal affairs, defence, execution of punishments, preparedness activity and mobilization, security, state guard, control over traffic of narcotic agents and psychotropic substances, sanitary-and-epidemiological safety of employees of organisations pertaining to some branches of industry with especially hazardous labour conditions and of the population of some areas, their deputies, the chief state sanitary inspector for the facilities of the Directorate of Presidential Affairs and deputies thereof - cases concerning the administrative offences made at subordinate organisations and at those serviced by them, as well as at subordinate facilities and at the facilities and in the areas serviced by them.
Article 23.14. Bodies Exercising State Veterinary Supervision
1. Bodies exercising state veterinary supervision shall try cases concerning the administrative offences provided for by Articles 10.6 - 10.8, Part 8 of Article 19.5 of this Code.
2. The following persons shall be empowered to try cases concerning administrative offences on behalf of the bodies indicated in Part 1 of this Article:
1) the chief state veterinary inspector of the Russian Federation and his deputies; 2) chief state veterinary inspectors of the subjects of the Russian Federation and their
deputies;
3) chief state veterinary inspectors;
4) state veterinary inspectors.
5) abrogated from August 1, 2011. Article 23.15. Bodies Exercising State Quarantine Phytosanitary Control, State
Supervision and Control over Safe Handling of Pesticides and Agrochemicals, over the Quality and Safety of Grain and of its Products and the State Control over the Use and Protection of Agricultural Lands
1. The bodies exercising state quarantine phytosanitary control, the state supervision and control over safe handling of pesticides and agrochemicals, over the quality and safety of grain and of its products and the state control over the use and protection of agricultural lands shall try cases concerning the administrative offences provided for by Article 7.18, Article 8.3 (insofar as the administrative offences involving violations of the rules for handling pesticides and agrochemicals are concerned, when they are stored or applied), Article 8.6 (insofar as the administrative offences pertaining to unauthorized soil stripping or movement, or elimination of fertile soil layer, are concerned), Article 8.7 (insofar as the administrative offences in respect of agricultural lands, including reclaimed land, are concerned), by Articles 10.1 - 10.3 and 10.12 - 10.14 of this Code.
2. The following persons shall be empowered to try cases concerning administrative offences on behalf of the bodies indicated in Part 1 of this Article:
1) the head of the federal executive power body exercising the state quarantine phytosanitary control, the state supervision and control over safe handling of pesticides and agrochemicals, over the quality and safety of grain and of its products and the state control over the use and protection of agricultural lands, as well as deputies thereof;
2) heads of structural units of the federal executive power body exercising the state quarantine phytosanitary control, the state supervision and control over safe handling of pesticides and agrochemicals, over the quality and safety of grain and of its products and the state control over the use and protection of agricultural lands, as well as deputies thereof;
3) heads of regional agencies of the federal executive power body exercising state quarantine phytosanitary control, state supervision and control over safe handling of pesticides and agrochemicals, over the quality and safety of grain and of its products and the state control over the use and protection of agricultural lands, as well as deputies thereof;
4) other officials of the federal executive power body exercising state quarantine phytosanitary control, state supervision and control over safe handling of pesticides and agrochemicals, over the quality and safety of grain and of its products and the state control over the use and protection of agricultural lands, of regional agencies of the cited federal executive power body authorized to exercise the state quarantine phytosanitary control, the state supervision and control over safe handling of pesticides and agrochemicals, over the quality and safety of grain and of its products and the state control over the use and protection of agricultural lands.
Article 23.16. Abrogated upon the expiry of ninety days from the day of the official publication of Federal Law No. 380-FZ of December 28, 2009.
Article 23.17. Abrogated upon the expiry of ninety days from the day of the official publication of Federal Law No. 380-FZ of December 28, 2009.
Article 23.18. Abrogated upon the expiry of ninety days from the day of the official publication of Federal Law No. 380-FZ of December 28, 2009.
Article 23.19. Abrogated upon the expiry of ninety days from the day of the official publication of Federal Law No. 380-FZ of December 28, 2009.
Article 23.20. Bodies Exercising State Supervision and Control over Land Improvement 1. Bodies exercising state supervision and control over land improvement shall try cases
concerning the administrative offences provided for by Articles 10.9 and 10.10 (except for navigable hydro-engineering structures) of this Code.
2. The following persons shall be empowered to try cases concerning administrative offences on behalf of the bodies indicated in Part 1 of this Article:
1) the head of the federal executive body, having authority in respect of land improvement, and his deputies;
2) the head of the specialized structural subdivision of the federal executive body, having authority in respect of land reclamation, and his deputies;
3) heads of territorial agencies of the federal executive body, having authority in respect of land improvement, and their deputies;
4) heads of executive bodies of the subjects of the Russian Federation, having authority in respect of land improvement, and their deputies.
Article 23.21 Bodies Exercising State Control over Use And Protection of Land
1. The bodies exercising state control over use and protection of land shall try cases concerning the administrative offences provided for by Article 7.1, by Part 1 of Article 7.2, by
Article 7.10 (insofar as it relates to unauthorized cession of the right to land use and unauthorized barter of a land plot), by Article 8.8 of this Code.
2. The following persons shall be entitled to try cases concerning administrative offences on behalf of the bodies indicated in Part 1 of this Article:
1) the chief state land improvement and protection inspector of the Russian Federation and his deputies;
2) chief state land improvement and protection inspectors of the subjects of the Russian Federation and their deputies;
3) chief state land improvement and protection inspectors of towns and districts and their deputies.
Article 23.22. Bodies Exercising State Control over Subsoil Geological Survey, Efficient Use and Protection
1. The bodies exercising state control over subsoil geological survey, efficient use and protection shall try cases on the administrative offences provided for by Part 2 of Article 7.2 (as regards destruction or damaging of the observation system for surveying the condition of underground waters, or survey hydrologic sections at water objects, or mine survey marks), by Article 7.3 (except when using subsoil plots of local significance), by Article 7.4 (as regards the development of mineral deposit areas without a special permit), Article 7.10 (as regards unauthorized cession of the right to use subsoil plots, except for cession of the right to use subsoil plots of local significance), by Article 8.5 (as regards concealment and distortion of information about the subsoil plots of local significance), by Article 8.9, Part 1 of Article 8.10, by Article 8.11 (except for subsoil plots of local significance), Part 1 of Article 8.13 (as regards violations of the water-protection regimen in respect of catch basins of underground water bodies), by Part 1 of Article 8.17 (as regards breaching the terms and conditions of the licence for regional geological survey, prospecting, exploration and development of mineral resources, as well as the standards (norms, rules) of safe prospecting, exploration and development of mineral resources of the internal sea waters, territorial sea, continental shelf and/or exclusive economic zone of the Russian Federation), by Articles 8.18 (as regards breaching the rules for holding resource studies) Article 8.19 and by Article 8.20 (as regards unlawful transfer of mineral resources) of this Code.
2. The following persons shall be empowered to try cases concerning administrative offences on behalf of the bodies indicated in Part 1 of this Article:
1) the chief state inspector of the Russian Federation for the exercise of control over subsoil geological survey, efficient use and protection, as well as deputies thereof;
2) the senior state inspector of the Russian Federation for the exercise of control over subsoil geological survey, efficient use and protection;
3) state inspectors of the Russian Federation for the exercise of control over subsoil geological survey, efficient use and protection;
4) chief state inspectors for the exercise of control over subsoil geological survey, efficient use and protection for an appropriate territory, as well as deputies thereof;
5) senior state inspectors for the exercise of control over subsoil geological survey, efficient use and protection for an appropriate territory;
6) state inspectors for the exercise of control over subsoil geological survey, efficient use and protection for an appropriate territory.
Article 23.22.1. Executive Power Bodies of Constituent Entities of the Russian Federation Exercising State Control over Subsoil Geological Survey, Efficient Use and Protection
1. The executive power bodies of constituent entities of the Russian Federation exercising state control over subsoil geological survey, efficient use and protection shall try cases on the administrative offences provided for by Article 7.3 (as regards using subsoil plots of local significance), by Article 7.10 (as regards unauthorized cession of the right to use subsoil plots of local significance), by Article 8.5 (as regards concealment and distortion of information about the condition of subsoil plots of local significance), by Article 8.11 (as regards carrying out works involving geological survey of subsoil plots of local significance) of this Code.
2. Heads of the executive power bodies of constituent entities of the Russian Federation exercising state control over subsoil geological survey, efficient use and protection, as well as deputies thereof, shall be empowered to try cases on administrative offences on behalf of the bodies cited in Part 1 of this Article.
Article 23.23. Bodies Exercising the Federal State Control and Supervision over the Use and Protection of Water Bodies
1. The bodies exercising the federal state control and supervision over the use and protection of water bodies shall try cases on the administrative offences provided for by Part 2 of Article 7.2 (as regards destruction or damage of survey hydrologic sections at water objects which are subject to the federal state control and supervision (except for underground water bodies), special information signs fixing the boundaries of coastal protection belts and water protection zones of water objects which are subject to the federal state control and supervision, in particular of coastal belts of the internal sea waters and of the territorial sea of the Russian Federation, of signs informing citizens about limitation of water at general-use water bodies), by Article 7.6 (as regards water bodies which are subject to the federal state control and supervision), by Article 7.7 (except for damaging hydraulic engineering structures), by Article 7.10 (as regards unauthorized cession of the right to use a water body which is subject to the federal state control and supervision), by Article 7.20 (as regards water bodies which are subject to the federal state control and supervision), by Article 8.5 (as regards concealing or distorting ecological information about the state of water bodies which are subject to the federal state control and supervision), by Articles 8.12 - 8.15 (as regards water bodies which are subject to the federal state control and supervision) and by Article 8.42 (as regards water bodies which are subject to the federal state control and supervision) of this Code.
2. The following persons shall be empowered to try cases on administrative offences on behalf of the bodies cited in Part 1 of this Article:
1) the chief state inspector of the Russian Federation for control and supervision over the use and protection of water bodies, as well as deputies thereof;
2) the senior state inspector of the Russian Federation for control and supervision over the use and protection of water bodies;
3) state inspectors of the Russian Federation for control and supervision over the use and protection of water bodies;
4) chief state basin (regional) inspectors for control and supervision over the use and protection of water bodies, as well as deputies thereof;
5) state basin (regional) inspectors for control and supervision over the use and protection of water bodies.
Article 23.23.1. Executive Power Bodies of Constituent Entities of the Russian Federation Exercising Regional State Control and Supervision over the Use and Protection of Water Bodies
1. The executive power bodies of constituent entities of the Russian Federation exercising the regional state control and supervision over the use and protection of water bodies
shall try cases on the administrative offences provided for by Part 2 of Article 7.2 (as regards destruction or damaging of wells of the observation system for surveying the condition of underground waters, or survey hydrologic sections at water objects, except for the water bodies which are subject to the federal state control and supervision, of water management or water protection information signs, as well as of the signs fixing the boundaries of coastal protection belts and water protection zones of water bodies, except for the water bodies which are subject to the federal state control and supervision), by Article 7.6 (except for the water bodies which are subject to the federal state control and supervision), by Article 7.10 (except for unauthorized cession of the right to use a water body which is subject to the federal state control and supervision), by Article 7.20 (except for the water bodies which are subject to the federal state control and supervision), by Article 8.5 (as regards concealing and distorting ecological information about the state of the water bodies which are subject to the federal state control and supervision), by Articles 8.12 - 8.15 (except for the water bodies which are subject to the federal state control and supervision) and by Article 8.42 (except for the water bodies which are subject to the federal state control and supervision) of this Code.
2. Heads of the executive power bodies of constituent entities of the Russian Federation exercising regional state control and supervision over the use and protection of water bodies, as well as deputies thereof, shall be empowered to try cases on administrative offences on behalf of the bodies cited in Part 1 of this Article.
Article 23.24. Bodies Exercising the State Forest Control and Supervision 1. The bodies exercising the state forest control and supervision shall try cases on the
administrative offences provided for by Part 2 of Article 7.2 (as regards destruction or damage of forest management and forestry signs within the scope of authority thereof in compliance with the forest legislation), by Article 7.9 (within the scope of authority thereof in compliance with the forest legislation), by Article 7.10 (as regards unauthorized cession of the right to use a woodland tract or unauthorized barter of a woodland tract within the scope of authority thereof in compliance with the forest legislation), by Articles 8.24 - 8.27 (within the scope of authority thereof in compliance with the forest legislation), by Part 1 of Article 8.28 (within the scope of authority thereof in compliance with the forest legislation), by Articles 8.29 - 8.32 (within the scope of authority thereof in compliance with the forest legislation) of this Code.
2. The following persons shall be empowered to try cases on administrative offences on behalf of the bodies cited in Part 1 of this Article:
1) the head of the federal executive power body exercising the state forest control and supervision, as well as deputies thereof;
2) heads of structural units of the federal executive power body exercising the state forest control and supervision, as well as deputies thereof;
3) heads of regional agencies of the federal executive power body exercising the state forest control and supervision, as well as deputies thereof;
4) heads of structural units of regional agencies of the federal executive power body exercising the state forest control and supervision, as well as deputies thereof.
Article 23.24.1. Executive Power Bodies of Constituent Entities of the Russian Federation Exercising the State Forest Control and Supervision
1. The executive power bodies of constituent entities of the Russian Federation exercising the state forest control and supervision shall try cases on the administrative offences provided for by Part 2 of Article 7.2 (as regards destruction or damage of forest management and forestry signs within the scope of authority thereof in compliance with the forest legislation), by Articles 7.9 and 7.10 (within the scope of authority thereof in compliance with the forest legislation), by Articles 8.24 - 8.27 (within the scope of authority thereof in compliance with the
forest legislation), by Part 1 of Article 8.28 (within the scope of authority thereof in compliance with the forest legislation), by Articles 8.29 - 8.32 (within the scope of authority thereof in compliance with the forest legislation) of this Code.
2. The following persons are entitled to try cases on administrative offences on behalf of the bodies cited in Part 1 of this Article:
1) heads of the executive power bodies of constituent entities of the Russian Federation engaged in the exercise of the state forest control and supervision, as well as deputies thereof;
2) heads of structural units of the executive power bodies of constituent entities of the Russian Federation engaged in the exercise of the state forest control and supervisions, as well as deputies thereof.
Article 23.25. Bodies Exercising the Functions of Control over the Arrangement and Functioning of Specially Protected Natural Areas of Federal Importance
1. The bodies exercising the functions of control over the arrangement and functioning of specially protected natural areas of federal importance shall try cases on the administrative offences provided for by Part 2 of Article 7.2 (as regards destruction or damage in specially protected natural areas of federal importance of the signs set up by the animal kingdom users, by authorised state bodies in charge of protection, control and regulation of the use of the animal kingdom items and of their habitat, by the state bodies exercising the functions of control and supervision in respect of fishery and preservation of aquatic biological resources, of buildings and other structures possessed by the said users and bodies; as regards destruction or damage in specially protected natural areas of federal importance of wells of the observation system for surveying the condition of underground waters, or survey hydrologic sections at water objects, including underground water bodies, special information signs fixing the boundaries of coastal protection belts and water protection zones of water bodies, including coastal belts of the internal sea waters and of the territorial sea of the Russian Federation, of the signs informing citizens about water use restrictions at general-use water bodies; as regards destruction or damage in specially protected natural areas of federal importance of the signs of specially protected natural areas, forest management and forestry signs), by Article 7.4 (as regards failures to ensure the integrity of specially protected natural areas and environmental units when using subsoil), by Article 7.6 (as regards water bodies located in specially protected natural areas of federal importance), by Articles 7.7 - 7.11 (as regards the administrative offences made in specially protected natural areas of federal importance), by Articles 8.5 - 8.9 (as regards the administrative offences made in specially protected natural areas of federal importance), by Articles 8.12 - 8.14 (as regards the administrative offences made in specially protected natural areas of federal importance), by Part 1 of Article 8.16 (as regards the administrative offences made in specially protected natural areas of federal importance), by Articles 8.17 and 8.18 (as regards the administrative offences made in specially protected natural areas of federal importance), by Article 8.21 (as regards the administrative offences made in specially protected natural areas of federal importance), by Articles 8.25 - 8.39 (as regards the administrative offences made in specially protected natural areas of federal importance) of this Code.
2. The following persons shall be empowered to try cases on administrative offences on behalf of the bodies cited in Part 1 of this Article:
1) the head of the federal executive power body exercising the functions of control over arrangement and functioning of specially protected natural areas, as well as deputies thereof;
2) heads of structural units of the federal executive power body exercising the functions of control over arrangement and functioning of specially protected natural areas, as well as deputies thereof;
3) heads of regional agencies of the federal executive power body exercising the functions of control over arrangement and functioning of specially protected natural areas, as well as deputies thereof;
4) other officials of the federal executive power body exercising the functions of control over arrangement and functioning of specially protected natural areas and of regional agencies of the cited federal executive power body who are authorised to exercise control over the arrangement and functioning of specially protected natural areas of federal importance;
5) directors of state wilderness areas and national parks - chief state inspectors for protection of the territories of state wilderness areas and national parks, as well as deputies thereof.
Article 23.26. Bodies Exercising the Functions of Protection, Control and Regulation of the Use of the Animal Kingdom Items and of Their Habitat
1. The bodies exercising the functions of protection, control and regulation of the use of the animal kingdom items and of their habitat shall try cases on the administrative offences provided for by Part 2 of Article 7.2 (as regards destruction or damage of the signs set up by the animal kingdom users, by authorised state bodies in charge of protection, control and regulation of the use of the animal kingdom items and of their habitat, of buildings and other structures possessed by the said users and bodies, except for the administrative offences made in specially protected natural areas of federal importance), by Article 7.11 (except for the administrative offences made in specially protected natural areas of federal importance), by Article 8.33 (except for the administrative offences made in specially protected natural areas of federal importance), 8.34 (as regards the administrative offences made in respect of biological collections containing the animal kingdom items and except for the administrative offences made in specially protected natural areas of federal importance), by Article 8.35 (except for the administrative offences made in specially protected natural areas of federal importance), by Article 8.36 (except for the administrative offences made in specially protected natural areas of federal importance), by Part 1 of Article 8.37 (except for the administrative offences made in specially protected natural areas of federal importance) and by Part 3 of Article 8.37 (except for the administrative offences made in specially protected natural areas of federal importance) of this Code.
2. The following persons shall be empowered to try cases on administrative offences on behalf of the bodies cited in Part 1 of this Article:
1) heads of the executive power bodies of constituent entities of the Russian Federation exercising the functions of protection, control and regulation of the use of the animal kingdom items and of their habitat, as well as deputies thereof;
2) heads of structural units of the executive power bodies of constituent entities of the Russian Federation exercising the functions of protection, control and regulation of the use of the animal kingdom items and of their habitat, as well as deputies thereof.
Article 23.27. Bodies Exercising Control and Supervision over Fishery, Preservation of Aquatic Biological Resources and Their Habitat
1. The bodies exercising control and supervision over fishery, preservation of aquatic biological resources and of their habitat shall try cases on the administrative offences provided for by Part 2 of Article 7.2 (as regards destruction or damage of the signs set up by the animal kingdom users, by authorized state bodies in charge of protection, control and regulation of the use of aquatic biological resources and of their habitat, as well as of the buildings and other structures possessed by the said users and bodies), by Articles 7.11 and 8.33 (as regards violation of the rules for protection of the habitat and migration routes of aquatic biological resources, except for the administrative offences made in specially protected natural areas of
federal importance), by Article 8.34 (as regards the administrative offences made in respect of biological collections containing the animal kingdom items pertaining to aquatic biological resources and except for the administrative offences made in specially protected natural areas of federal importance), by Article 8.36 (in respect of the animal kingdom items pertaining to aquatic biological resources and except for those living in specially protected natural areas of federal importance), by Parts 2 and 3 of Article 8.37, Articles 8.38 and 8.42, by Article 11.6 (as regards the administrative offences made on fishing vessels and facilities), by Part 1 of Article 11.7, Articles 11.8, 11.9 - 11.11 and Part 2 of Article 11.17 of this Code.
2. The following persons shall be empowered to try cases on administrative offences on behalf of the bodies cited in Part 1 of this Article:
1) the head of the federal executive power body exercising control and supervision over fishery, preservation of aquatic biological resources and of their habitat, as well as deputies thereof;
2) heads of structural units of the federal executive power body exercising control and supervision over fishery, preservation of aquatic biological resources and of their habitat, as well as deputies thereof;
3) heads of regional agencies of the federal executive power body exercising control and supervision in respect of fishery, preservation of aquatic biological resources and of their habitat, as well as deputies thereof;
4) heads of divisions, deputy heads of divisions, chief and senior state inspectors of regional agencies of the federal executive power body exercising control and supervision in respect of fishery, preservation of aquatic biological resources and of their habitat.
Article 23.28. Bodies of Hydrometeorology and of Environmental Monitoring
1. Bodies of hydrometeorology and environmental monitoring shall try cases concerning the administrative offences provided for by Parts 3 and 4 of Article 7.2 (on elimination and damage of stationary points for surveying the condition of the environment and pollution thereof belonging to the state surveying system, as well as on violating the regime of restricted areas), by Article 8.5 and Parts 1 and 2 of Article 8.40 of this Code.
2. The following persons shall be empowered to try cases concerning administrative offences on behalf of the bodies indicated in Part 1 of this Article:
1) the head of the federal executive body, having authority in respect of hydrometeorology and environmental monitoring, and his deputies;
2) heads of territorial agencies of the federal executive body, having authority in respect of meteorology and environmental monitoring, and his deputies.
Article 23.29. Bodies Exercising State Ecological Control
1. Bodies exercising state ecological control shall try cases concerning the administrative offences provided for by Part 2 of Article 7.2 (on eliminating and damaging markings of specially protected wildlife territories, as well as markings established by animal users or by specially authorized state bodies in charge of protection, control and regulation of the use of animals and their habitat, of buildings and other structures owned by said users and bodies), by Articles 7.6, 7.11, 8.1, 8.2, 8.4 - 8.6, 8.12 (as regards violations of the procedure for allotment of land plots in water protection zones and in coastal areas of water bodies), by Parts 1, 2 and 4 of Article 8.13, Part 1 of Article 8.14 and by Articles 8.15, by Article 8.18, by Article 8.19, by Articles from 8.21 to 8.23, by Parts 2 and 3 of Article 8.31, by Articles from 8.33 to 8.36, by Part 3 of Article 8.37 and by Articles 8.39, 8.41 of this Code.
2. The following persons shall be empowered to try cases concerning administrative
offences on behalf of the bodies indicated in Part 1 of this Article: 1) the chief state wildlife preservation inspector of the Russian Federation and his
deputies; 2) senior state wildlife preservation inspectors of the Russian Federation; 3) state wildlife preservation inspectors of the Russian Federation; 4) chief state wildlife preservation inspectors of the Russian Federation in areas of
activities thereof and their deputies; 5) senior state wildlife preservation inspectors of the Russian Federation in areas of
activities thereof; 6) state wild life preservation inspectors of the Russian Federation in areas of activities
thereof; 7) chief state wildlife preservation inspectors of the subjects of the Russian Federation
and their deputies; 8) senior state wildlife preservation inspectors of the subjects of the Russian Federation; 9) state wildlife preservation inspectors of the subjects of the Russian Federation; 10) chief state wildlife preservation inspectors in the areas of activities of the appropriate
town, inter-district and district wildlife preservation structures within territorial agencies of federal executive bodies, having authority in respect of environmental protection, and their deputies;
11) state wildlife preservation inspectors in areas of activities of the appropriate town, inter-district and district wildlife preservation structures within territorial agencies of the federal executive body, having authority in respect of environmental protection.
3. Cases concerning the administrative offences provided for by Articles 8.18 and 8.19 of this Code shall be tried by the officials indicated in Items 1, 2, 4, 7 and 10 of Part 2 of this Article.
Article 23.30. State Energy Supervision Bodies
1. The state energy supervision bodies shall try cases on the administrative offences provided for by Articles 9.7-9.9, Article 9.10 (as regards causing damage to heating systems or their equipment), Article 9.11, Parts 7, 8 and Part 10 (as regards the administrative offences made by organisations with the participation of the State or a municipal entity) of Article 9.16, Articles 9.17, 9.18 and Article 9.19 of this Code.
2. The following persons shall be empowered to try cases on administrative offences on behalf of the bodies cited in Part 1 of this Article:
1) the head of the federal executive power body authorized in respect of the state energy supervision and deputies thereof;
2) heads of structural units of the federal executive power body authorized in respect of the state energy supervision and deputies thereof;
3) heads of regional agencies of the federal executive power body authorized in respect of the state energy supervision and deputies thereof;
4) heads of structural units of regional agencies of the federal executive power body authorized in respect of the state energy supervision and deputies thereof;
5) chief state inspectors, senior state inspectors and state inspectors of the federal executive power body authorized in respect of the state energy supervision and deputies thereof.
Article 23.31. Bodies Exercising State Control and Supervision in Respect of Safe Carrying Out of Works Connected with the Subsoil Use, of Industrial Safety and Safety of Hydraulic Engineering Structures
1. The bodies exercising state control and supervision in respect of safe carrying out of works connected with the subsoil use, of industrial safety and safety of hydraulic engineering structures shall try cases of the administrative offences provided for by Part 2 of Article 7.2 (as regards destruction or damage of mine survey marks, the signs of sanitary (sanitary-mountain) zones and areas), by Part 2 of Article 7.3 (as regards failures to satisfy the requirements of an engineering project endorsed in the established procedure for safe carrying out of works connected with subsoil use), by Article 7.4 (as regards failures to satisfy the requirements for ensuring the integrity of buildings and structures while using subsoil), by Article 7.7 (as regards the use of hydraulic engineering structures, except for navigation hydraulic engineering structures), by Article 8.7 (as regards failure to discharge, or improper discharge of, the duties involving land reclamation while developing mineral deposits, including generally found minerals), by Part 2 of Article 8.10, Parts 1 and 3 of Article 8.17, Article 8.19 (within the scope of authority thereof), by Article 8.39 (as regards the administrative offences made in the territories of sanitary (mountain sanitary) zones and areas), by Parts 1 and 2 of Article 9.1, Part 3 of Article 9.1 (in as much as it concerns blunt breach of industrial safety provisions), Article 9.2 (except for navigation hydraulic engineering structures), by Article 9.10 (except when damaging heating systems or their equipment), by Article 9.19, by Article 10.10 (as regards hydraulic engineering structures, except for navigation hydraulic engineering structures), by Parts 2 and 3 of Article 11.6 (except for navigation hydraulic engineering structures), by Article 11.14 (as regards carriage of hazardous substances), by Articles 11.20, 14.26, 19.2, by Part 11 of Article 19.5, and Part 1 of Article 19.22 of this Code.
2. The following persons shall be empowered to try cases on administrative offences on behalf of the bodies cited in Part 1 of this Article:
1) the head of the federal executive power body exercising the state control and supervision in respect of safe carrying out of works connected with the subsoil use, of industrial safety and safety of hydraulic engineering structures, as well as deputies thereof;
2) heads of structural units of the federal executive power body exercising the state control and supervision in respect of safe carrying out of works connected with the subsoil use, of industrial safety and safety of hydraulic engineering structures, as well as deputies thereof;
3) state inspectors of the federal executive power body exercising the state control and supervision in respect of safe carrying out of works connected with the subsoil use, of industrial safety and safety of hydraulic engineering structures, as well as deputies thereof;
4) heads of regional agencies of the federal executive power body exercising the state control and supervision in respect of safe carrying out of works connected with the subsoil use, of industrial safety and safety of hydraulic engineering structures, as well as deputies thereof;
5) heads of divisions, deputy heads of divisions, chief state inspectors and chief inspectors of regional agencies of the federal executive power body exercising the state control and supervision in respect of safe carrying out of works connected with the subsoil use, of industrial safety and safety of hydraulic engineering structures.
3. Considering cases of the administrative offences envisaged by Part 3 of Article 9.1 of the present Code on behalf of the bodies mentioned in Part 1 of the present article is the prerogative of the officials mentioned in Items 1 and 4 of Part 2 of the present article.";
Article 23.32. Bodies Exercising State Control over the Safety of Production Processes Presenting a Danger of Explosion
1. Bodies exercising state control over the safety of production processes presenting a danger of explosion shall try cases concerning the administrative offences provided for by Parts 1 and 2 of Article 9.1 and by Article 9.19 of this Code.
2. The following persons shall be empowered to try cases concerning administrative offences on behalf of the bodies indicated in Part 1 of this Article:
1) the head of the inspectorate for production processes presenting a danger of explosion of the federal executive body having authority in respect of the defense industry, and his deputies;
2) chief inspectors of the inspectorate of production processes presenting a danger of explosion for enterprises and organisations.
Article 23.33. Bodies Exercising the Functions of Control and Supervision Over the Use of Nuclear Power
1. Bodies exercising the functions of control and supervision over the use of nuclear power, shall try cases concerning the administrative offences provided for by Article 8.5 (insofar as it relates to concealment or distortion of ecological information about radiation levels) and by Articles 9.6, 19.2, Part 17 of Article 19.5 of this Code.
2. The following persons shall be empowered to try cases concerning administrative offences indicated in Part 1 of this Article:
1) the head of the federal executive body exercising the functions of control and supervision over the use of nuclear power, and his deputies;
2) heads of territorial agencies of the federal executive body exercising the functions of control and supervision over the use of nuclear power, and his deputies;
3) chief state inspectors of the federal executive body exercising the functions of control and supervision over the use of nuclear power;
4) the heads of sections, the deputies head of sections, the chief state inspectors, the seniour state inspectors and the state inspectors of territorial bodies of the federal executive power body, fulfilling the functions involved in the exertion of control and supervision in the area of security in the use of nuclear power.
Article 23.34. Bodies Exercising State Fire Safety Supervision 1. Bodies, exercising state fire safety supervision, shall try cases concerning the
administrative offences provided for by Articles 8.32, 11.16 and 20.4 of this Code. 2. The following persons shall be empowered to try cases concerning administrative
offences and to impose penalties on behalf of the bodies indicated in Part 1 of this Article: 1) the chief state fire safety supervision inspector of the Russian Federation and his
deputies; 2) chief state fire safety supervision inspectors of the subjects of the Russian Federation
and their deputies; 3) chief state fire safety supervision inspectors of towns (regions) of the subjects of the
Russian Federation and their deputies;
3.1) chief state inspectors of special and military units of the federal fire-prevention service for fire supervision, their deputies;
4) state fire safety supervision inspectors of the Russian Federation; 5) state fire safety supervision inspectors of the subjects of the Russian Federation; 6) state fire safety supervision inspectors of towns (regions) of the subjects of the
Russian Federation;
7) state inspectors of special and military units of the federal fire-prevention service for fire supervision.
3. The officials indicated in Items 5-7 of Part 2 of this Article shall be empowered to try cases concerning administrative offences committed by citizens and officials.
Article 23.35. Bodies Exercising State Supervision over the Technical Condition of Self- Propelled Machines and Other Types of Machinery
1. Bodies, ex ercising state supervision over the technical condition of self-propelled machines and other types of machinery, shall try cases concerning the administrative offences provided for by Articles 8.22, 8.23 (insofar as they relate to the machinery under supervision of said bodies), by Article 9.3, Article 12.37 (insofar as it relates to the equipment which is under supervision of the cited bodies), by Part 1 of Article 19.22 (insofar as it relates to the machinery under supervision of said bodies) of this Code.
2. The following persons shall be empowered to try cases concerning administrative offences on behalf of the bodies indicated in Part 1 of this Article:
1) the chief state engineer-inspector for supervision over the technical condition of self- propelled and other types of machinery, and his deputies;
2) chief state engineers-inspectors of the subjects of the Russian Federation for supervision over the technical condition of self-propelled machines and other types of machinery, and their deputies;
3) chief state engineers-inspectors of towns and regions for supervision over the technical condition of self-propelled machines and of other types of machinery, and their deputies.
Article 23.36. Bodies Exercising the Functions of Control and Supervision over Transport
1. The bodies exercising the functions of control and supervision over transport shall try cases on the administrative offences provided for by Article 7.7 (as regards navigation hydraulic engineering structures), by Article 8.2 (as regards violations of ecological requirements in respect of sea, internal water, motor and railway transport of public and non-public use), by Article 8.3 (as regards violations of the rules for handling pesticides and agrochemicals on sea, internal water, motor transport and at road facilities, on railway transport of public and non- public use), by Articles 8.22 and 8.23, by Article 9.2 (as regards navigation hydraulic engineering structures), by Article 10.10 (as regards navigation hydraulic engineering structures), by Articles 11.1, 11.6, Parts 1, 3 and 4 of Article 11.7, by Articles 11.8, 11.9 - 11.11, Part 1 of Article 11.13, Parts 2 and 3 of Article 11.14, by Articles 11.14.1, 11.14.2, 11.15, Part 1 of Article 11.15.1, Article 11. 16, by Part 5 of Article 11.17, Articles 11.23, 11.26, 11.27 and 11.29, by Part 2 of Article 12.3 (as regards driving a transport vehicle by the driver who does not have the driving licence with him/her), by Articles 12.21.1 and 12.21.2 (as regards the exercise of control over observance of the procedure for international motor carriage), by part 10 of Article 19.5, Article 19.7.5 and part 2 of Article 19.22 of this Code.
2. The following persons shall be empowered to try cases on administrative offences on behalf of the bodies cited in Part 1 of this Article:
Federal Law No. 69-FZ of April 21, 2011 amended Item 1 of part 2 of Article 23.36 of this Code. The amendments shall enter into force from January 1, 2012
1) on motor transport and at road facilities - the head of the federal executive power body exercising the functions of control and supervision over transport, deputies thereof, heads of structural units of the federal executive power body exercising the functions of control and supervision over transport, deputies thereof, heads of regional agencies of the federal executive power body exercising the functions of control and supervision over transport, deputies thereof,
other officials of the federal executive power body exercising the functions of control and supervision over transport authorised to exercise control and supervision over transport (state transport inspectors) - on the administrative offences provided for by Article 8.2 (as regards violations of ecological requirements on motor transport), by Article 8.3 (as regards violations of the rules for handling pesticides and agrochemicals on motor transport and at road facilities), by Articles 8.22, 8.23, 11.14.1, 11.14.2, 11.15, 11.23, 11.26, 11.27, 11.29, Part 2 of Article 12.3 (as regards driving a transport vehicle by the driver who does have the driving licence with him/her), by Articles 12.21.1 and 12.21.2 (as regards the exercise of control over observance of the procedure for international motor carriage) of this Code;
2) on sea transport - the head of the federal executive power body exercising the functions of control and supervision over transport, deputies thereof, heads of structural units of the federal executive power body exercising the functions of control and supervision over transport, deputies thereof, heads of regional agencies of the federal executive power body exercising the functions of control and supervision over transport, deputies thereof, other officials of the federal executive power body exercising the functions of control and supervision over transport authorised to exercise control and supervision over transport (state transport inspectors) - on the administrative offences provided for by Article 8.2 (as regards failures to satisfy ecological requirements on sea transport), by Article 8.3 (as regards violations of the rules for handling pesticides and agrochemicals on sea transport), by Articles 8.22, 8.23, 11.6, by Parts 1, 3 and 4 of Article 11.7, Articles 11.8, 11.9 - 11.11, Part 1 of Article 11.13, Part 2 of Article 11.14, Articles 11.15, 11.16, Part 5 of Article 11.17 of this Code, captains of sea port - on the administrative offences provided for by Article 11.6, Part 1 of Article 11.7, Article 11.8, 11.9 - 11.11, Part 1 of Article 11.13, Part 2 of Article 11.14, Articles 11.15, 11.16, Part 5 of Article 11.17 and part 2 of Artice 19.22 of this Code;
3) on internal water transport - the head of the federal executive power body exercising the functions of control and supervision over transport, deputies thereof, heads of structural units of the federal executive power body exercising the functions of control and supervision over transport, deputies thereof, heads of regional agencies of the federal executive power body exercising the functions of control and supervision over transport, deputies thereof, other officials of the federal executive power body exercising the functions of control and supervision over transport authorised to exercise control and supervision over transport (state transport inspectors) - on the administrative offences provided for by Article 7.7 (as regards navigation hydraulic engineering structures), by Article 8.2 (as regards failures to satisfy ecological requirements on internal water transport), by Article 8.3 (as regards violations of the rules for handling pesticides and agrochemicals on internal water transport), by Articles 8.22, 8.23 and Article 9.2 (as regards navigation hydraulic engineering structures), Article 10.10 (as regards navigation hydraulic engineering structures), Article 11.6, Part 1 of Article 11.7, Articles 11.8, 11.9 - 11.11, Part 1 of Articles 11.13, Part 2 of Article 11.14, Articles 11.15, 11.16, Part 5 of Articles 11.17 of this Code;
4) on railway transport of public and non-public use - the head of the federal executive power body exercising the functions of control and supervision over transport, deputies thereof, heads of structural units of the federal executive power body exercising the functions of control and supervision over transport, deputies thereof, heads of regional agencies of the federal executive power body exercising the functions of control and supervision over transport, deputies thereof, other officials of the federal executive power body exercising the functions of control and supervision over transport authorised to exercise control and supervision over transport (state transport inspectors) - on the administrative offences provided for by Article 8.2 (as regards failures to satisfy ecological requirements on railway transport of public and non-
public use), by Article 8.3 (as regards violations of the rules for handling pesticides and agrochemicals on railway transport of public and non-public use), by Article 11.1, Part 3 of Article 11.14, Articles 11.15, 11.16 of this Code.
Article 23.37. Abrogated upon the expiry of ninety days from the day of the official publication of Federal Law No. 380-FZ of December 28, 2009.
Article 23.38. Abrogated upon the expiry of ninety days from the day of the official publication of Federal Law No. 380-FZ of December 28, 2009.
Article 23.39. Abrogated upon the expiry of ninety days from the day of the official publication of Federal Law No. 380-FZ of December 28, 2009.
Article 23.40. Bodies of the State Small Boat Inspectorate
1. Bodies of the state small boat inspectorate shall try cases concerning the administrative offences provided for by Articles 8.22 and 8.23 (insofar as they relate to putting into operation or operating small boats emitting excessive rates of contaminating substances or producing excessive noise), by Part 2 of Article 11.7, Articles 11.8, 11.8.1, 11.9 - 11.12 and by Part 2 of Article 11.13 of this Code.
2. The following persons shall try cases, concerning administrative offences, on behalf of the bodies indicated in Part 1 of this Article:
1) the head of the state small boat inspectorate and his deputies; 2) heads of territorial agencies of the state small boat inspectorate and their deputies; 3) heads of state basin small boat inspectorates and their deputies; 4) state small boat inspectors.
Article 23.41. Abrogated upon the expiry of ninety days from the day of the official publication of Federal Law No. 380-FZ of December 28, 2009.
Article 23.42. Bodies Authorised in Respect of Aviation 1. The bodies authorized in respect of aviation shall try cases on the administrative
offences provided for by Article 8.2 (as regards failures to satisfy ecological requirements on air transport), Article 8.3 (as regards violations of the rules for handling pesticides and agrochemicals on air transport), Articles 8.22, 8.23, Parts 1, 3 - 6 of Article 11.3, Article 11.3.1, Parts 1 - 6, 8 and 9 of Article 11.5, Part 1 of Article 11.14, Article 11.15, Part 1 of Article 11.15.1, Article 11.16, Part 4 of Article 11.17 (as regards violations of the rules for using radio communication facilities on board an aircraft), by Part 6 of Article 11.17 and Articles 11.30, 19.7.5 of this Code.
2. The following persons shall be empowered to try cases on administrative offences on behalf of the bodies cited in Part 1 of this Article:
1) the head of the federal executive power body exercising the functions of control and supervision over transport, deputies thereof, heads of structural units of the federal executive power body exercising the functions of control and supervision over transport, deputies thereof, heads of regional agencies of the federal executive power body exercising the functions of control and supervision over transport, deputies thereof, other officials of the federal executive power body exercising the functions of control and supervision over transport authorised to exercise control and supervision over transport (state transport inspectors) - on the administrative offences made on air transport and provided for by Article 8.2 (as regards failures to satisfy ecological requirements for air transport), by Article 8.3 (as regards violations of the rules for handling pesticides and agrochemicals on air transport), by Articles 8.22, 8.23, Parts 1, 3 - 6 of Article 11.3, Article 11.3.1, Parts 1 - 6, 8 and 9 of Article 11.5, Part 1 of Article 11.14, Articles 11.15, 11.16, Parts 4 and 6 of Article 11.17 and Article 11.30 of this Code;
2) the head of the federal executive power body in charge of defence, deputies thereof,
heads of structural units of the federal executive power body in charge of defence, deputies thereof, heads of inspection services of the federal executive power body in charge of defence, deputies thereof, flight safety inspectors - on the administrative offences made in experimental aviation and provided for by Parts 1, 3, 5 and 6 of Article 11.3, Article 11.3.1, Parts 1 - 6, 8 and 9 of Article 11.5, Part 1 of Article 11.14, Article 11.16 and 11.30 of this Code.
3) the head of the federal executive power body in charge of defence, deputies thereof, heads of structural units of the federal executive power body in charge of defence, deputies thereof, heads of inspection services of the federal executive power body in charge of defence, deputies thereof, flight safety inspectors - on the administrative offences made in experimental aviation and provided for by Parts 1, 3, 5 and 6 of Article 11.3, Article 11.3.1, Parts 1 - 6, 8 and 9 of Article 11.5, Part 1 of Article 11.14, Articles 11.16 and 11.30 of this Code.
Article 23.43. Bodies Exercising the Functions of Control and Supervision over the Use of Air Space
1. The bodies exercising the functions of control and supervision over the use of air space shall try cases on the administrative offences provided for by Article 11.4, Part 1 of Article 11.15.1, Parts 1 and 2 of Article 18.1 (as regards intrusions in air space of the Russian Federation), by Article 19.7.5 of this Code.
2. The head of the authorized federal executive power body exercising the functions of control and supervision over the use of air space, deputies thereof, heads of regional agencies of the authorized federal executive power body exercising the functions of control and supervision over the use of air space and deputies thereof shall be empowered to try cases on administrative offences on behalf of the bodies cited in Part 1 of this Article.
Article 23.44. Bodies Exercising the Functions of Control and Supervision over Telecommunications, Information Technologies and Mass Communications
1. The bodies exercising the functions of control and supervision over telecommunications, information technologies and mass communications shall try cases on the administrative offences provided for by Articles 13.2 - 13.4, 13.6 - 13.9 and 13.18, Parts 1-3 of Article 15.27 (within the scope of the authority thereof) of this Code.
2. The following persons shall be empowered to try cases on administrative offences of behalf of the bodies cited in Part 1 of this Article:
1) the chief state inspector of the Russian Federation for supervision over telecommunications, information technologies and mass communications, as well as deputies thereof;
2) senior state inspectors of the Russian Federation for supervision over telecommunications, information technologies and mass communications.
Article 23.45. Bodies Exercising Control over the Protection of State Secrets 1. Bodies, exercising control over the protection of state secrets, shall try cases
concerning the administrative offences provided for by Parts 3 and 4 of Article 13.12 and by Part 2 of Article 13.13 of this Code.
2. The following persons shall be empowered to try cases concerning administrative offences on behalf of the bodies indicated in Part 1 of this Article:
1) the head of the federal executive body, having authority in respect of ensuring the state security of the Russian Federation, and his deputies, heads of territorial agencies of said federal executive body and their deputies, heads of structural units of territorial agencies of the cited federal executive power body;
2) the head of the federal executive body having authority in respect of defense, and his deputies;
3) Abolished 4) the head of the federal executive body, having authority in respect of foreign
intelligence, and his deputies; 5) the head of the federal executive body, having authority in respect of counteraction
against technical intelligence services and of technical protection of information, and his deputies, heads of territorial agencies of said federal executive body and their deputies;
6) heads of subdivisions of federal executive bodies, having authority in respect of ensuring the state security of the Russian Federation, of the defense of the Russian Federation, of foreign intelligence, of counteraction against technical intelligence services and of technical protection of information, which issue licenses for exercising the types of activity connected with the use and protection of data constituting a state secret, as well as deputies thereof.
Article 23.46. Bodies Exercising State Control over Circulation and Protection of Information
1. Bodies exercising state control over circulation and protection of information shall try cases concerning the administrative offences provided for by Parts 3 and 4 of Article 13.5, by Article 13.6, by Parts 1 and 2 of Article 13.12, by Part 1 of Article 13.13, by Articles 13.17, 13.22, 20.23 and by 20.24 of this Code.
2. The following persons shall be empowered to try cases concerning administrative offences on behalf of the bodies indicated in Part 1 of this Article:
1) Abrogated;
Federal Law No. 424-FZ of December 8, 2011 supplemented part 2 of Article 23.46 of this Code with Item 1.1
1.1) the head or deputy heads of the federal executive governmental body in charge of state guarding, the heads or deputy heads of the subunits of said federal executive governmental body -- on the administrative offences envisaged by Parts 3 and 4 of Article 13.5 of the present Code;
2) the head of the federal executive body, having authority in respect of counteraction against technical intelligence services and in respect of technical protection of information, and his deputies, heads of territorial agencies of said federal executive body and his deputies - cases concerning the administrative offences provided for by Parts 1 and 2 of Article 13.12, by Part 1 of Article 13.13 of this Code;
3) the head of the federal executive body having authority in respect of the state security of the Russian Federation, and his deputies, heads of territorial agencies of said federal executive body and their deputies, heads of structural units of the cited federal executive power body, their deputies, heads of territorial agencies of the cited federal executive power body, their deputies, heads of structural units of territorial agencies of the cited federal executive power body - cases concerning the administrative offences provided for by Parts 3 and 4 of Article 13.5, by Article 13.6, Parts 1 and2 of Article 13.12, by Part 1 of Article 13.13, by Articles 13.17, 20.23 and 20.24 of this Code;
4) the head of the federal executive body exercising the functions of control and supervision over telecommunications, information technologies and mass communications, and his deputies, heads of territorial agencies of said federal executive body and their deputies - cases concerning the administrative offences provided for by Articles 13.17 and 13.22 of this Code;
5) abrogated upon the expiry of ninety days from the day of the official publication of
Federal Law No. 380-FZ of December 28, 2009. Article 23.47. Bodies in Charge of Financial Markets
1. The federal executive body in charge of financial markets and regional agencies thereof shall try cases concerning the administrative offences provided for by Part 1 of Article 13.25, part 1 of Article 14.4.1, Articles 14.24, from 15.17 to 15.22, Parts 1-10 of Article 15.23.1, Article 15.24.1, Parts 1-3 of Article 15.27 (within the scope of authority thereof), Articles 15.28- 15.31, 15.35, Part 9 of Article 19.5 and Article 19.7.3 of this Code.
2. The following persons shall be entitled to try cases concerning administrative offences on behalf of the body indicated in Part 1 of this Article:
1) the head of the federal executive body in charge of financial markets and his/her deputies;
2) heads of regional agencies of the federal executive body in charge of financial markets and their deputies.
Article 23.48. The Federal Antimonopoly Body and Its Territorial Agencies
1. The federal antimonopoly body and its territorial agencies shall try cases on the administrative offences provided for by Articles 9.15, Parts 6 and 12 of Article 9.16, by Articles 9.21, 14.3, 14.9, 14.31-14.33, 14.38, 14.40-14.42, Parts 2.1-2.7 of Article 19.5, Article 19.8 (within the scope of its authority) and by Article 19.31 of this Code.
2. The following are entitled to consider cases of administrative offences on behalf of the bodies specified in Part 1 of the present article:
1) the head and the deputy heads of the federal anti-monopoly body; 2) the heads and the deputy heads of the structural units of the federal anti-monopoly
body, except for cases of the administrative offences envisaged by Articles 14.3, 14.9, 14.31- 14.33 of the present Code;
3) the heads and the deputy heads of the territorial bodies of the federal anti-monopoly body.
Article 23.49. Bodies Exercising the Functions of Control and Supervision over Protection of Consumers' Rights and Consumer Market
1. The bodies exercising the functions of control and supervision in respect of the protection of consumer rights and the consumer market shall try cases on the administrative offences provided for by Parts 1 and 2 of Article 9.16, Article 10.8 (as regards violation of the rules for storage and sale of animal products), by Articles 14.2, 14.4, Part 1 of Article 14.5, Articles 14.6-14.8, 14.15, parts 2.1 and 3 of Article 14.16, Parts 2 - 4 and 6 - 8 of Article 14.34, Article 14.39 and by Article 19.14 (as regards the sale, registration and storage of precious metals and precious stones or of articles containing them) of this Code.
2. The following persons shall be empowered to try cases on administrative offences on behalf of the bodies cited in Part 1 of this Article:
1) the head of the federal executive power body exercising the functions of control and supervision over protection of consumers' rights and the consumer market, as well as deputies thereof;
2) heads of structural units of the federal executive power body exercising the functions of control and supervision over protection of consumers' rights and the consumer market, as well as deputies thereof;
3) heads of regional agencies of the federal executive power body exercising the
functions of control and supervision over protection of consumers' rights and the consumer market, as well as deputies thereof;
4) heads of structural units of regional agencies of the federal executive power body exercising the functions of control and supervision over protection of consumers' rights and the consumer market, as well as deputies thereof.
Article 23.50. Bodies Exercising State Control over the Production and Sale of Ethyl Alcohol, of Alcohol and Alcohol-Containing Products
1. Bodies exercising state control over production and sale of ethyl alcohol, of alcohol and alcohol-containing products shall try cases concerning the administrative offences provided for by parts 2.1 and 3 of Article 14.16, by Part 2 of Article 14.17, by Article 14.19 and 15.13 of this Code.
2. The following persons shall be empowered to try cases concerning administrative offences on behalf of the bodies indicated in Part 1 of this Article:
1) the head of the federal executive body exercising state control over the production and sale of ethyl alcohol, of alcohol and alcohol-containing products, and his deputies;
2) the head of an inspectorate of the federal executive body, exercising state control over the production and sale of ethyl alcohol, of alcohol and alcohol containing products, and his deputies;
3) heads of territorial agencies of the federal executive body exercising state control over the production and sale of ethyl alcohol, of alcohol and alcohol-containing products in the subjects of the Russian Federation, and their deputies.
Article 23.51. Bodies Authorised in Respect of State Tariff Regulation 1. The bodies authorized in respect of state tariff regulation shall try cases on the
administrative offences provided for by Part 10 (as regards administrative offences made by organisations engaged in controllable kinds of activities) of Article 9.16, Article 14.6, Part 5 of Article 19.5 and Article 19.7.1 of this Code.
2. The following persons shall be empowered to try cases on administrative offences on behalf of the bodies cited in Part 1 of this article:
1) the head of the federal executive power body authorized in respect of the state tariffs regulation and deputies thereof;
2) heads of structural units of the federal executive power body authorized in respect of the state tariffs regulation and deputies thereof;
3) heads of the bodies authorized to effect the state tariffs regulation in constituent entities of the Russian Federation and deputies thereof.
Article 23.52. Bodies Exercising the State Control and Supervision over Observance of Obligatory Requirements for Products and the State Metrological Control
1. The bodies exercising the state control and supervision over observance of obligatory requirements for products and the state metrological control shall try cases on the administrative offences provided for by Article 19.19 of this Code.
2. The following persons shall be empowered to try cases on administrative offences on behalf of the bodies cited in Part 1 of this Article:
1) the head of the federal executive power body exercising the state control and supervision over observance of obligatory requirements for products and the state metrological control, as well as deputies thereof;
2) heads of structural units of the federal executive power body exercising the state
control and supervision over observance of obligatory requirements for products and the state metrological control, as well as deputies thereof:
3) heads of regional agencies of the federal executive power body exercising the state control and supervision over observance of obligatory requirements for products and the state metrological control, as well as deputies thereof;
4) heads of structural units of regional agencies of the federal executive power body exercising the state control and supervision over observance of obligatory requirements for products and the state metrological control, as well as deputies thereof.
Article 23.53. Bodies of State Statistical Registration 1. The federal executive body having authority in respect of state statistical registration
and territorial agencies thereof shall try cases concerning the administrative offences provided for by Article 13.19 of this Code.
2. The following persons shall be empowered to try cases concerning administrative offences on behalf of the bodies indicated in Part 1 of this Article:
1) the head of the federal executive body having authority in respect of state statistical registration, and his deputies;
2) heads of territorial agencies of the federal executive body, having authority in respect of state statistical registration in the subjects of the Russian Federation, and their deputies.
Article 23.54. Bodies Exercising Federal Assay Supervision over Producing, Extracting, Processing, Using, Circulating, Registering and Storing Precious Metals and Precious Stones
1. Bodies exercising federal assay supervision and state control over producing, extracting, processing, using, circulating, registering and storing precious metals and precious stones shall try cases concerning the administrative offences provided for by Parts 1-3 of Article 15.27 (within the scope of authority thereof), Article 19.14 of this Code.
2. The following persons shall be empowered to try cases concerning administrative offences on behalf of the bodies indicated in Part 1 of this Article:
1) the head of the federal institution exercising federal assay supervision and state control over producing, extracting, processing, using, circulating, registering and storing precious metals and precious stones, and his deputies;
2) heads of state assay supervision inspectorates and heads of other structural subdivisions of the federal institution, exercising federal assay supervision and state control over producing, extracting, processing, using, circulating, registering and storing precious metals and precious stones, and their deputies on the territories of appropriate areas of their activities.
Article 23.55. Bodies Exercising State Control over the Use and Integrity of the Housing Stock, Regardless of the Property Form thereof, over Observance of the Rules for Maintenance of the Common Property of Premises' Owners in an Apartment House, Conformity of Residential Premises, Quality, Volume of and Procedure for Rendering Municipal Services to the Established Requirements
1. The bodies exercising state control over the use and safekeeping of the housing stock, regardless of property forms thereof, over observance of the rules for maintaining common property of the owners of premises in an apartment house, conformity of residential premises, the quality, volume of and procedure for rendering municipal services to the established requirements shall try cases on the administrative offences provided for by Articles 7.21 - 7.23, part 1 of Article 7.23.1, Parts 4 and 5 of Article 9.16 of this Code.
2. Heads of the executive power bodies of constituent entities of the Russian Federation exercising the state control over the use and integrity of the housing stock, regardless of the property form thereof, over observance of the rules for maintenance of the common property of premises owners in an apartment house, conformity of residential premises, quality, volume of and procedure for rendering municipal services to the established requirements, as well deputies thereof, shall be empowered to try cases on administrative offences on behalf of the bodies cited in Part 1 of this Article.
Article 23.56. Executive Bodies Authorised to Exercise Governmental Building Supervision
1. Executive bodies authorised to exercise governmental building supervision shall try cases concerning the administrative offences which are provided for by Articles 9.4, 9.5 and Part 3 of Article 9.16 of this Code.
2. The following persons shall be authorised to try cases concerning administrative offences on behalf of the bodies indicated in Part 1 of this Article:
1) the head of the federal executive body authorised to exercise governmental building supervision and deputies thereof;
2) heads of structural subdivisions of the federal executive body authorised to exercise governmental building supervision and deputies thereof;
3) heads of territorial agencies of the federal executive body authorised to exercise governmental building supervision and deputies thereof;
4) heads of the executive bodies of constituent entities of the Russian Federation authorised to exercise governmental building supervision and deputies thereof;
5) heads of the structural subdivisions of the executive bodies of constituent entities of the Russian Federation authorised to exercise governmental building supervision and deputies thereof.
Article 23.57. Bodies Exercising the State Control over Preservation, Use and Popularisation of Cultural Heritage Units, as Well as Effecting Their State Protection
1. The bodies exercising the state control over preservation, use and popularization of cultural heritage units, as well as effecting their state protection, shall try cases on the administrative offences provided for by Articles 7.13, 7.14, 7.16 and 7.33 of this Code.
2. The following persons shall be empowered to try cases on administrative offences on behalf of the bodies cited in Part 1 of this Article:
1) the head of the federal executive power body exercising the state control over preservation, use and popularization of cultural heritage units, as well as effecting their state protection, and deputies thereof;
2) heads of structural units of the federal executive power body exercising the state control over preservation, use and popularization of cultural heritage units, as well as effecting their state protection, and deputies thereof;
3) heads of regional agencies of the federal executive power body exercising the state control over preservation, use and popularization of cultural heritage units, as well as effecting their state protection, and deputies thereof;
4) heads of the executive power bodies of constituent entities of the Russian Federation exercising the state control over preservation, use and popularization of cultural heritage units, as well as effecting their state protection, and deputies thereof.
Article 23.58. Bodies Exercising State Geodetic Supervision and State Control in
Respect of Names of Geographic Objects 1. Bodies exercising state geodetic supervision and state control in respect of names of
geographic objects, shall try cases concerning the administrative offences provided for by Parts 3 and 4 of Article 7.2 (on destruction and damage of points of state geodetic systems, on failing to notify about the destruction or damage thereof, as well as on the refusal to provide vehicle access to them), by Articles 7.25, 7.26 and 19.10 of this Code.
2. The following persons shall be empowered to try cases on administrative offences on behalf of the bodies cited in Part 1 of this Article:
1) the chief state inspector of the Russian Federation for geodetic supervision over geodetic and cartographic activities, as well as deputies thereof;
2) chief state inspectors for geodetic supervision over geodetic and cartographic activities, as well as deputies thereof.
Article 23.59. Bodies for Regulating Natural Monopolies 1. Bodies for regulating natural monopolies shall try cases concerning the administrative
offences provided for by Part 3 of Article 19.5 and by Article 19.8 (within its authority) of this Code.
2. The following persons shall be empowered to try cases concerning administrative offences on behalf of the bodies indicated in Part 1 of this Article:
1) the head of the federal body for regulating natural monopolies and his deputies; 2) heads of territorial agencies of the federal body for regulating natural monopolies and
their deputies.
Article 23.60. Currency Control Bodies 1. Currency control bodies shall try cases concerning the administrative offences
provided for by Article 15.25 of this Code.
2. The following persons shall be empowered to try cases concerning administrative offences on behalf of the bodies indicated in Part 1 of this Article:
1) the head of the federal executive body, having authority in respect of currency control, and his deputies;
2) heads of structural subdivisions of the federal executive body, having authority in respect of currency control, and their deputies;
3) heads of territorial agencies of the federal executive body, having authority in respect of currency control, deputies thereof.
Article 23.61. Bodies Carrying out State Registration of Legal Entities and Individual Businessmen
1. Bodies, carrying out state registration of legal entities and individual businessmen, shall try cases concerning the administrative offences provided for by Part 3 of Article 14.25 of this Code.
2. The following persons shall be empowered to try cases concerning administrative offences on behalf of the bodies indicated in Part 1 of this Article:
1) the head of the federal executive body carrying out state registration of legal entities and individual businessmen, and his deputies;
2) heads of territorial agencies of the federal executive body carrying out state registration of legal entities and individual businessmen.
Article 23.62. The Bodies Responsible for Monitoring the Implementation of the
Legislation on Counteracting the Legalisation (Laundering) of Incomes Received by the Way of Crime and the Financing of Terrorism
1. The federal executive governmental body authorised to take measures for counteracting the legalisation (laundering) of incomes received by the way of crime and the financing of terrorism shall consider the cases of the administrative offences specified by Parts 1-3 of Article 15.27 (within the scope of authority thereof) of the present Code.
2. The following persons shall be entitled to consider cases of administrative offences in the name of the body specified in Part 1 of the present Article:
1) the head of the federal executive governmental body authorised to take measures for counteracting the legalisation (laundering) of incomes received by the way of crime and the financing of terrorism, the deputies thereof;
2) the heads of territorial bodies of the federal executive governmental body authorised to take measures for counteracting the legalisation (laundering) of incomes received by the way of crime and the financing of terrorism, the deputies thereof.
Article 23.63. Bodies for Control over the Traffic of Narcotics and Psychotropic Substances
1. The bodies for control over the traffic of narcotics and psychotropic substances shall try cases on the administrative offences provided for by Articles 10.4, 10.5 and Part 3 of Article 20.20 of this Code.
2. The following persons shall be empowered to try cases on administrative offences on behalf of the bodies cited in Part 1 of this Article:
1) the head of the federal executive power body exercising control over the traffic of narcotics and psychotropic substances, as well as deputies thereof;
2) heads of structural units of the federal executive power body exercising control over the traffic of narcotics and psychotropic substances, as well as deputies thereof;
3) heads of regional agencies of the federal executive power body exercising control over traffic of narcotics and psychotropic substances, as well as deputies thereof;
4) heads of structural units of regional agencies of the federal executive power body exercising control over traffic of narcotics and psychotropic substances, as well as deputies thereof.
Article 23.64. Bodies in Charge of Control and Supervision in the Area of Share Construction of Apartment Houses and (or) Other Immovable Property Units
1. The bodies in charge of control and supervision in the area of share construction of apartment houses and (or) other immovable property units shall consider cases on the administrative offences provided for by Article 14.28 and Part 4 of Article 19.5 of this Code.
2. Heads and deputy heads of executive power bodies of the constituent entities of the Russian Federation authorised to exercise control and supervision over share construction of apartment houses and (or) other immovable property units shall be empowered to try cases on administrative offences on behalf of the bodies specified in Part 1 of this Article.
Article 23.65. Federal Executive Body Authorised to Perform Functions of Control and Supervision over the Activity of Credit History Bureau
1. A federal body of executive power authorised to perform the functions of control and supervision of activities of credit bureaus shall examine cases regarding the administrative offences named in Articles 5.53 - 5.55, 14.29 and 14.30 of this Code.
2. The following shall have the right to consider cases of administrative offences on behalf of the body named in Part 1 of this Article:
1) Head of the said body and his deputies; 2) Heads of regional agencies of the said body and their deputies.
Article 23.66. The Executive Bodies Authorised to Exercise Control over Placement of Orders to Supply Goods, Carry Out Works and Render Services for Meeting Customers' Needs under the Legislation of the Russian Federation on Placing Orders to Supply Commodities, Carry Out Works and Render Services to Meet State or Municipal Needs
1. The executive bodies authorised to exercise control over placement of orders to supply goods, carry out works and render services for meeting customers' needs shall consider cases concerning the administrative offences that are provided for by Articles 7.29, 7.30, Parts 1 and 3 of Article 7.31, Articles 7.31.1, 7.32, Part 11 (except for the sphere of the state defence order and the sphere of the state secret) of Article 9.16, Part 7 of Article 19.5, Articles 19.7.2 and 19.7.4 of this Code.
2. The following persons shall be entitled to consider cases concerning administrative offences on behalf of the bodies specified in Part 1 of this Article:
1) the head of the federal executive body authorised to exercise control over placement of orders to supply commodities, carry out works and render services for meeting customers' needs, and deputies thereof;
2) heads of structural subdivisions of the federal executive body authorised to exercise control over placement of orders to supply commodities, carry out works and render services for meeting customers' needs and deputies thereof;
3) heads of territorial agencies of the body cited in Item 2 of this part and deputies thereof;
4) heads of the executive bodies of constituent entities of the Russian Federation authorised to exercise control over placement of orders for meeting customers' needs and deputies thereof;
5) heads of structural subdivisions of the executive bodies of constituent entities of the Russian Federation authorised to exercise control over placement of orders to supply commodities, carry out works and render services for meeting customers' needs and deputies thereof.
Article 23.67. Bodies Authorised to Exercise the Functions of Control and Supervision in the Field of Migration
1. The bodies authorised to exercise the functions of control and supervision on the field of migration shall try cases on the administrative offences provided for by Articles 18.8-18.10, 18.15-18.17, Articles from 19.15 to 19.18 and Article 19.27 of this Code.
2. The following persons shall be entitled to try cases on administrative offences on behalf of the bodies specified in Part 1 of this Article:
1) head of the federal executive body, authorised to exercise the functions of control and supervision in the field of migration, and deputies thereof;
2) heads of territorial agencies of the said federal executive body and deputies thereof; 3) heads of structural subdivisions of territorial agencies of the said federal executive
body and deputies thereof.
Article 23.68. The Federal Executive Power Body Authorised to the Exercise the
Functions Involved in the Enforced Execution of Court Orders
1. The federal executive power body authorized to exercise the functions involved in the enforced execution of court orders and in ensuring the established procedure for the exercise of activities by courts shall try cases on the administrative offences provided for by Articles 13.26, 17.8.1, Parts 1 and 3 of Article 17.14 and Article 17.15 of this Code.
2. The following persons are entitled to try cases on administrative offences on behalf of the body cited in Part 1 of this article:
1) the head of the federal executive power body authorized to exercise the functions involved in the enforced execution of court orders and in ensuring the established procedure for the exercise of activities by courts, as well as deputies thereof;
2) heads of regional agencies of the cited federal executive power body and deputies thereof;
3) heads of structural units of regional agencies of the cited federal executive power body and deputies thereof.
Article 23.69. The Federal Executive Body Authorised to Exercise State Control (Supervision) over the Activities of Self-Regulating Organisations Engaged in Engineering Survey, Architectural and Construction Design, Construction, Reconstruction and Major Overhaul of Capital Construction Items
1. The federal executive body authorised to exercise state control (supervision) over the activities of self-regulating organisations engaged in engineering survey, architectural and construction design, construction, reconstruction and major overhaul of capital construction items shall try cases on the administrative offences provided for by Article 9.5.1 of this Code.
2. The following persons are also entitled to try cases on administrative offences on behalf of the body cited in Part 1 of this Article:
1) the head of the federal executive body authorised to exercise state control (supervisions) over the activities of self-regulating organisations engaged in an engineering survey, preparation of project documentation, construction, reconstruction and major overhaul of capital construction items, as well as deputies thereof;
2) heads of structural units of the said federal executive body; 3) heads of regional agencies of the said federal executive bodies and their deputies.
Article 23.70. Bodies Exercising the State Control over Adherence to the Standards for Information Disclosure by Natural Monopolies' Subjects and Public Utility Organisations
1. The federal executive power bodies and executive power bodies of constituent entities of the Russian Federation exercising the state control over adherence to the standards for information disclosure by natural monopolies' subjects and by public utility organizations shall try cases on the administrative offences provided for by Part 1 of Article 19.8.1 of this Code.
2. Heads of the federal executive power bodies and of executive power bodies of constituent entities of the Russian Federation exercising the state control over adherence to the standards for information disclosure by natural monopolies' subjects and public utility organizations, as well as deputies thereof, are entitled to try cases on administrative offences on behalf of the bodies cited in this Article.
Article 23.71. Federal Body of Executive Power in Charge of the State Control of Activities of Self-Regulated Organisations in the Sphere of Energy Survey
1. The federal body of executive power in charge of the state control of activities of self-
regulated organisations in the sphere of energy survey shall process the cases of administrative violations envisaged in Part 9 of Article 9.16 of this Code.
2. The processing of cases of administrative violations on behalf of the body mentioned in Part 1 of this Article may also be vested in:
1) the head of the mentioned body or his deputies; 2) the heads of the structural divisions of the mentioned body or their deputies.
Article 23.72. The Body in Charge of Control and Supervision in the Area of Insurance Activities
1. The federal executive governmental body carrying out the functions of control and supervision in the area of insurance activities (insurance business) shall consider cases of the administrative offences envisaged by Parts 1-3 of Article 15.27 (within the scope of authority thereof) of the present Code.
2. The following are entitled to consider cases of administrative offences on behalf of the body specified in Part 1 of the present article:
1) the head of the federal executive governmental body carrying out the functions of control and supervision in the area of insurance activities (insurance business) and deputies thereof;
2) the heads of the territorial bodies of the federal executive governmental body carrying out the functions of control and supervision in the area of insurance activities (insurance business) and deputies thereof.
Article 23.73. The Body in Charge of Control and Supervision in the Area of Credit Cooperation
1. The federal executive governmental body empowered to carry out the functions of control and supervision in the area of credit cooperation shall consider cases of the administrative offences envisaged by Parts 1-3 of Article 15.27 (within the scope of authority thereof) of the present Code.
2. The following are entitled to consider cases of administrative offences on behalf of the body specified in Part 1 of the present article:
1) the head of the federal executive governmental body empowered to carry out the functions of control and supervision in the area of credit cooperation and deputies thereof;
2) the heads of the territorial bodies of the federal executive governmental body empowered to carry out the functions of control and supervision in the area of credit cooperation and deputies thereof.
Article 23.74. The Banking Supervision Body
1. The banking supervision body shall consider cases of the administrative offences envisaged by Parts 1-3 of Article 15.27 of the present Code, within the scope of authority thereof.
2. On behalf of the body specified in Part 1 of the present article cases of administrative offences may be considered by the Chairman of the Central Bank of the Russian Federation, his/her deputies, the head of a territorial institution of the Central Bank of the Russian Federation and their deputies.
Article 23.75. The Federal Executive Governmental Body in Charge of Control and Supervision Functions in the Area of Microfinance
1. The federal executive governmental body in charge of control and supervision functions in the area of microfinance shall consider cases of the administrative offences envisaged by Article 15.26.1, Parts 1-3 of Article 15.27 (within the scope of authority thereof) of the present Code.
2. The following persons are entitled to consider cases of administrative offences on behalf of the body specified in Part 1 of the present article:
1) the head of said body and deputies thereof; 2) the heads of the structural units of said body and deputies thereof.
Article 23.76. The Federal Executive Power Body Authorised to Exercise the Functions of Control and Supervision over the Proper Use of Facilities for Storage of Chemical Weapons and of Facilities for Destruction of Chemical Weapons
1. The federal executive power body authorized to exercise the functions of supervision and control over the proper use of facilities for storage of chemical weapons and facilities for destruction of chemical weapons shall try cases on the administrative offences provided for by Article 9.20 of this Code.
2. The following persons are entitled to try cases on administrative offences on behalf of the body cited in Part 1 of this article:
1) the head of the federal executive power body authorized to exercise the functions of supervision and control over the proper use of facilities for storage of chemical weapons and of facilities for destruction of chemical weapons, as well as deputies thereof;
2) heads of structural units of the federal executive power body authorized to exercise the functions of supervision and control over the proper use of facilities for storage of chemical weapons and of facilities for destruction of chemical weapons, as well deputies thereof.
Article 23.77. Military Motor Inspectorate 1. Officials of the military motor inspectorate shall consider cases concerning
administrative offences stipulated by Articles 8.22, 8.23, 12.1, Parts 1-3 of Article 12.2, Parts 1, 2, 3 of Article 12.3 (except for the cases when a transport vehicle is driven by a driver not having a licensing card with him), Part 3 of Article 12.4 (except for the cases of illegal putting of the colour-graphic scheme of a passenger taxi), Parts 1 and 2 of Article 12.5, Article 12.6, Parts 1 and 3 of Article 12.7, Article 12.2 (except for cases of driving on the prohibiting sign of the traffic lights or non-fulfilment of the requirements of the Traffic Rules to stop before the stop line marked by road signs or with marking of the carriageway with the prohibiting sign of the traffic lights), Articles 12.21, 12.23, Part 3 of Article 12.25, Articles 12.31, 12.32, 12.37, Article 19.22 (concerning the registration of motor transport vehicles with a displacement volume of the engine exceeding fifty cubic centimetres, having a maximum designed speed exceeding fifty kilometres per hour and trailers thereto intended for movement along motor roads of general use) of this Code with respect to an official of a military unit responsible for the technical state and operation of transport vehicles and a driver of a transport vehicle of the Armed Forces of the Russian Federation, internal troops of the Ministry of Internal Affairs of the Russian Federation, engineering-and-technical, road-building military formations under the federal bodies of executive power or rescue military formations of the federal body of executive power authorised to resolve tasks in the field of civil defence.
2. Cases concerning administrative offences in the name of the military motor inspectorate with respect to an official of a military unit responsible for the technical state and operation of transport vehicles and a driver of a transport vehicle of the Armed Forces of the Russian Federation, internal troops of the Ministry of Internal Affairs of the Russian Federation,
engineering-and-technical, road-building military formations under the federal bodies of executive power or rescue military formations of the federal body of executive power authorised to resolve tasks in the field of civil defence may be considered by:
1) the head of the Military Motor Inspectorate of the Ministry of Defence, his deputy, the head of the military motor inspectorate (regional), his deputy, the head of the 100th military motor inspectorate (territorial, of the city of Moscow), his deputy, the head of the military motor inspectorate of the motor-armoured department of the General Headquarters of Internal Troops of the Ministry of Internal Affairs of the Russian Federation, his deputy, the head of the military motor inspectorate of the regional command of internal troops of the Ministry of Internal Affairs of the Russian Federation, his deputy, the head of the 92nd military motor inspectorate of the federal body of executive power authorised to resolve tasks in the field of civil defence, his deputy, the head of the military motor inspectorate of the federal body of executive power authorised in the field of special construction - concerning administrative offences stipulated by Articles 8.22, 8.23, 12.1, Parts 1-3 of Article 12.2, Parts 1, 2, 3 of Article 12.3 (except for the cases when a transport vehicle is driven by a driver not having a licensing card with him), Part 3 of Article 12.4 (except for the cases of illegal putting of the colour-graphic scheme of a passenger taxi), Parts 1 and 2 of Article 12.5, Article 12.6, Parts 1 and 3 of Article 12.7, Article 12.2 (except for cases of driving on the prohibiting sign of the traffic lights or non-fulfilment of the requirements of the Traffic Rules to stop before the stop line marked by road signs or with marking of the carriageway with the prohibiting sign of the traffic lights), Articles 12.21, 12.23, Part 3 of Article 12.25, Articles 12.31, 12.32, 12.37, Article 19.22 (concerning the registration of motor transport vehicles with a displacement volume of the engine exceeding fifty cubic centimetres, having a maximum designed speed exceeding fifty kilometres per hour and trailers thereto intended for movement along motor roads of general use) of this Code;
2) the head of the military motor inspectorate (territorial), his deputy, the head of the military motor inspectorate of a formation of internal troops of the Ministry of Internal Affairs of the Russian Federation, his deputy - concerning administrative offences stipulated by Article 12.1, Parts 1 and 2 of Article 12.2, Parts 1, 2, 3 of Article 12.3 (except for the cases when a transport vehicle is driven by a driver not having a licensing card with him), Part 1 of Article 12.5, Article 12.6, Article 12.2 (except for cases of driving on the prohibiting sign of the traffic lights or non-fulfilment of the requirements of the Traffic Rules to stop before the stop line marked by road signs or with marking of the carriageway with the prohibiting sign of the traffic lights), Articles 12.21, 12.23, Part 3 of Article 12.25, Articles 12.31, 12.32, Part 1 of Article 12.37, Article 19.22 (concerning the registration of motor transport vehicles with a displacement volume of the engine exceeding fifty cubic centimetres, having a maximum designed speed exceeding fifty kilometres per hour and trailers thereto intended for movement along motor roads of general use) of this Code.
Article 23.78. The Federal Executive Governmental Body Empowered to Carry out the Functions of Control over Foreign Investment in the Russian Federation
1. The federal executive governmental body empowered to carry out the functions of control over foreign investments in the Russian Federation shall consider cases of the administrative offences envisaged by Article 19.8.2 of the present Code.
2. On behalf of the body specified in Part 1 of the present article the head and the deputy heads of the federal executive governmental body empowered to carry out the functions of control over foreign investments in the Russian Federation are entitled to consider cases of administrative offences.
Section IV. Proceedings in Cases Concerning Administrative Offences
Chapter 24. General Provisions
Article 24.1. Tasks in Proceedings on Cases Concerning Administrative Offences The tasks in proceedings on cases concerning administrative offences shall be
comprehensive, complete, unbiased and with timely clarification of the circumstances of each case, settlement thereof in compliance with law, ensuring execution of a decision rendered, as well as elucidation of the reasons and conditions which led to the committing of administrative offences.
Article 24.2. Language of Proceedings in Cases Concerning Administrative Cases 1. Proceedings in cases concerning administrative offences shall be carried out in the
Russian language, as the state language of the Russian Federation. Proceedings in cases concerning administrative offences, together with the state language of the Russian Federation, may be carried out in the state language of the republic on the territory of which a judge, or a body, or an official, authorised to try cases concerning administrative offences, is situated.
2. Persons, participating in proceedings in a case concerning an administrative offence and having no command of the language in which the proceedings on the case are carried out, shall be entitled to speak and to give explanations, to make motions and to take exceptions, and to make complaints in the native language or in any other language of free choice of said persons, as well as to make use of a translator.
Article 24.3. Public Hearing of Cases Concerning Administrative Offences
1. Cases concerning administrative offences shall be tried in public, except for cases provided for by Part 3 of Article 28.6 of this Code or cases where this may lead to divulgence of state, military, commercial or other secrets protected by law, as well as where it is necessary in the interests of ensuring the security of persons participating in proceedings in a case concerning an administrative offence, of their family members and relatives, as well as in the interests of protecting the honour and dignity of said persons.
2. A decision to try a case concerning an administrative offence in camera shall be rendered by the judge, or the body, or the official, considering the case, in the form of a ruling.
3. The persons who participate in the proceedings in a case of an administrative offence and the persons attending the public examination of the case of the administrative offence shall have the right to fix the progress of the examination of the case of the administrative offence in written form, and also with the aid of audio recording means. Photography, video recording, translation of the public examination of a case of the administrative offence over radio and television shall be allowed with the permit of the judge, the organ or the official who heard the case of the administrative offence.
Article 24.4. Petitions 1. Persons, participating in proceedings on a case concerning an administrative offence,
shall be entitled to make petitions subject to obligatory consideration by the judge, the body or official who are carrying out proceedings in this case.
2. A petition shall be made in writing and is subject to instantaneous consideration. A decision to reject a petition shall be rendered by the judge, body or official, carrying out proceedings in the administrative case, in the form of a ruling.
Article 24.5. Circumstances Under Which Proceedings in a Case Concerning an Administrative Offence May Not Be Carried Out
1. Proceedings in a case concerning an administrative offence may not be started, and such proceedings, if they have been started, are subject to termination, in the presence of at least one of the following circumstances:
1) absence of occurrence of an administrative offence; 2) absence of formal components of an administrative offence, including where a natural
person has not attained, by the moment of committing unlawful actions (omissions), the age provided for by this Code for holding him administratively responsibile, or where a natural person, who has committed unlawful actions, is insane;
3) actions of a person in a state emergency; 4) issue of an amnesty act where such act eliminates the imposition of an administrative
penalty; 5) repeal of the law establishing administrative responsibility;
For the constitutional legal sense of the provisions of Item 6 of Part 1 of Article 24.5, see Decision of the Constitutional Court of the Russian Federation No. 9-P of June 16, 2009
6) expiration of a limitation period for holding anyone administratively responsibile; 7) presence in respect of one and the same fact of committing unlawful actions
(omissions) by a person, who is put on trial in connection with an administrative offence, of a decision to impose an administrative penalty, or of a decision to terminate proceedings in a case concerning an administrative offence, or of a decision to initiate criminal proceedings against him;
8) death of a natural person who is put on trial in connection with an administrative offence.
2. If an administrative offence is committed by the person specified in Part 1 of Article 2.5 of the present Code, except for cases when this person generally bears administrative liability for such administrative offence, proceedings on a case of the administrative offence shall be terminated after all the circumstances of the administrative offence have been cleared up, so that the person be held accountable under disciplinary law.
Article 24.6. Public Prosecutor's Supervision The Prosecutor General of the Russian Federation and prosecutors appointed by him
shall exercise, within the scope of their jurisdiction, supervision over observance of the Constitution of the Russian Federation and the laws related to proceedings in cases concerning administrative offences, effective on the territory of the Russian Federation, except for cases which are being tried in court.
Article 24.7. Expenses Related to Proceedings in a Case Concerning an Administrative Offence
1. Expenses, related to proceedings in a case concerning an administrative offence shall consist of the following:
1) amounts paid to witnesses, victims, their legal representatives, attesting witnesses, specialists, experts and translators, including those payable for covering the expenses on travel, rental of housing accommodation and additional expenses connected with staying outside the place of permanent residence (per diems);
2) amounts spent on keeping, transportation (sending) and examination of physical evidence, the instrument of commission or object of an administrative offence.
2. Expenses related to a case concerning an administrative offence, committed by a natural person and provided for by this Code, shall be put down to the federal budget, and expenses related to a case concerning an administrative offence committed by a natural person and provided for by a law of a subject of the Russian Federation shall be put down to the budget of the appropriate subject of the Russian Federation.
3. Expenses related to a case concerning an administrative offence committed by a legal entity shall be put down to said legal entity, safe for the amounts paid to a translator. The amounts, paid to a translator in connection with proceedings on a case concerning an administrative offence committed by a legal entity and provided for by this Code, shall be put down to the federal budget, and expenses, related to a case concerning an administrative offence committed by a legal entity and provided for by a law of a subject of the Russian Federation, shall be put down to the budget of the appropriate subject of the Russian Federation.
In the event of termination of proceedings in a case, concerning an administrative offence committed by a legal entity and provided for by this Code, expenses connected with this case shall be put down to the federal budget, and in the event of termination of proceedings in a case concerning an administrative offence committed by a legal entity and provided for by a law of a subject of the Russian Federation, the expenses relating thereto shall be put down to the budget of the appropriate subject of the Russian Federation.
4. The amount of expenses, related to a case concerning an administrative offence, shall be determined on the basis of the documents attached to the case-file which can confirm the existence and amount of payments regarded as expenses.
A resolution on expenses, related to a case concerning an administrative offence, shall be shown in a decision on imposition of an administrative penalty or in a decision on termination of proceedings on the case concerning an administrative offence.
Chapter 25. Participants of Proceedings in Cases Concerning Administrative Offences, Their Rights and Duties
Article 25.1. Person Who Is On Trial in Connection with a Case Concerning an Administrative Offence
1. A person who is on trial in connection with a case concerning an administrative offence shall be entitled to familiarize themselves with all the materials of the case, to give explanations, to present evidence, to make petitions and objections, to have the legal assistance of a defense counsel, as well as to enjoy other procedural rights in compliance with this Code.
2. A case concerning an administrative offence shall be considered with the participation of the person who is on trial in connection with the case on the administrative offence. In the absence of said persons the case may be only tried if it is provided for by Part 3 of Article 28.6 of this Code or if there is evidence of proper notification of the persons about the place and time of consideration of the case, or if these persons have not made a petition to postpone consideration of the case, or if such petition has not been allowed.
3. A judge, body, or official, which tries a case concerning an administrative offence, shall be entitled to regard the presence of the person, who is on trial in this case, while considering it, as obligatory.
When trying a case concerning an administrative offence entailing administrative arrest or administrative deportation from the Russian Federation of a foreign citizen or stateless
person, the presence of the person, who is on trial in connection with this case shall be obligatory.
4. A minor, who is on trial in connection with a case concerning an administrative offence, may be sent away for the term of consideration of the circumstances of the case the discussion of which may have a negative effect on said person.
Article 25.2. Aggrieved Party 1. An aggrieved party shall be a natural person or a legal entity that has suffered
physical, property or moral damage. 2. An aggrieved party shall be entitled to familiarize themselves with all the materials of a
case concerning an administrative offence, to give explanations, to present evidence, to make petitions and objections, to have the legal assistance of a representative, to appeal against a decision on this case, and to enjoy other procedural rights in compliance with this Code.
3. A case concerning an administrative offence shall be tried with the participation of the aggrieved party. In the absence thereof a case may be only tried if there is evidence of the proper notification of the aggrieved party about the place and time of consideration of the case, or if the aggrieved party has not made a petition to postpone consideration of the case, or if such petition has not been allowed.
4. An aggrieved party may be interrogated under Article 25.6 of this Code.
Article 25.3. Legal Representatives of a Natural Person 1. The rights and legitimate interests of a natural person put on trial in connection with a
case concerning an administrative offence, or of an aggrieved person, who are minors or are not able to exercise their rights because of their physical or mental condition, shall be protected by the legal representatives thereof.
2. The legal representatives of a natural person shall be his parents, adoptive parents, trustees and guardians.
3. Blood relations or appropriate powers of persons, who are legal representatives of a natural person, shall be certified by the documents provided for by law.
4. Legal representatives of a natural person, who is on trial in connection with a case concerning an administrative offence, and of an aggrieved person, shall enjoy the rights and carry out the duties provided for by this Code in respect of the persons whom they represent.
5. When trying a case concerning an administrative offence committed by a person who is under the legal age, a judge, body, or official trying the case concerning the administrative offence, shall be entitled to regard the presence of a legal representative of said person as obligatory.
Article 25.4. Legal Representatives of a Legal Entity 1. The rights and legitimate interests of a legal entity, which is on trial in connection with
a case concerning an administrative offence, or of a legal entity, which is an aggrieved party, shall be protected by the legal representatives thereof.
2. In compliance with this Code, the legal representatives of a legal entity shall be its head, as well as any other person recognized under the laws or under constituent documents thereof as a body of the legal entity. Powers of the legal representative of a legal entity shall be attested by documents certifying the official status thereof.
3. A case, concerning an administrative offence committed by a legal entity, shall be tried with the participation of the legal representative or of the defense counsel thereof. In the absence of said persons the case may be only tried in the cases envisaged by Part 3 of Article 28.6 of this Code or if there is evidence of the proper notification of persons about the place and
time of consideration of the case, or if they have not made a petition to postpone consideration of the case, or if such petition has not been allowed.
4. When trying a case concerning an administrative offence committed by a legal entity, a judge, body, or official who is trying the case concerning the administrative offence shall be entitled to regard the presence of the legal representative of the legal entity as obligatory.
Article 25.5. Defense Counsel and Representative 1. A defense counsel may participate in proceedings in a case concerning an
administrative offence in order to render legal assistance to the person who is on trial in connection with the case on the administrative offence, and a representative may participate therein for the purpose of rendering legal assistance to the aggrieved party.
2. A lawyer or some other person shall be allowed to participate in proceedings in a case concerning an administrative offence as a defense counsel or a representative.
3. The authority of a lawyer shall be certified by an order issued by a relevant solicitors'/barristers' entity. The authority of other person rendering legal assistance shall be certified by a power of attorney drawn up in compliance with the law.
4. A defense counsel and a representative shall be allowed to participate in proceedings in a case concerning an administrative offence as of the moment of initiation of proceedings in case of the administrative offence.
5. A defense counsel and a representative, allowed to participate in proceedings in a case concerning an administrative offence, shall be entitled to familiarize themselves with all the materials of the case, to present evidence, to make petitions and protests, to take part in consideration of a case, to complain against measures taken for the purpose of faciliating proceedings in the case or against a decision thereupon , as well as to exercise other procedural rights under this Code.
Article 25.6. Witnesses 1. A person who may be aware of the circumstances of a case concerning an
administrative offence that are subject to substantiation may be summoned as a witness in this case.
2. A witness shall be obliged to appear, when summoned by the judge, body, or official trying a case concerning an administrative offence, and to give truthful evidence: to report all that he knows in respect of this case, to answer questions posed and to attest to the correctness of entering his testimonies in an appropriate record by his signature affixed thereto.
3. A witness shall be entitled to do the following: 1) not to testify against himself, his spouse and close relatives; 2) to testify in his native language or in the language which he has command of; 3) to have the free assistance of an interpreter; 4) to make comments, as regards the correctness of entering his testimonies in a record. 4. When interrogating a witness who is a minor who has not attained the age of fourteen
years old, the presence of a pedagogue or a psychologist shall be obligatory. When necessary, the interrogation of a witness who is a minor shall be conducted in the presence of the legal representative thereof.
5. A witness shall be warned about the administrative responsibility for giving willfully false evidence.
6. A witness shall bear the administrative responsibility provided for by this Code for refusal to carry out, or avoidance of, the duties stipulated by Part 2 of this Article.
Note. In this Article close relatives means parents, children, adoptive parents, adopted children, brothers and sisters, grandmothers, grandfathers and grandchildren.
Article 25.7. An Attesting Witness 1. In the events provided for by this Code, an official, trying a case concerning an
administrative offence, may call upon as an attesting witness any person of legal age who is not interested in the outcome of the case. There should be at least two attesting witnesses.
2. The presence of attesting witnesses shall be obligatory, where it is provided for by Article 27 of this Code. An attesting witness shall attest in a record by his signature affixed thereto the actual conduct in his presence of procedural actions, the contents and results thereof.
3. An entry shall be made in a record about the participation of attesting witnesses in proceedings in a case concerning an administrative offence.
4. An attesting witness shall be entitled to make comments in respect of procedural actions being conducted. The comments of an attesting witness shall be subject to entry in the record.
5. Where necessary, an attesting witness may be interrogated as a witness under Article 25.6 of this Code.
Article 25.8. A Specialist 1. Any person of legal age, who is not interested in the outcome of proceedings in a case
and who has the necessary knowledge for rendering assistance in detection, corroboration and exclusion of evidence, as well as in the use of technical means, may be invited to participate in proceedings in a case concerning an administrative offence.
2. A specialist shall be obliged to do the following: 1) to appear, when summoned by a judge, body, or official trying a case concerning an
administrative offence; 2) to participate in conducting actions, which require special knowledge, for the purpose
of detecting, corroborating and excluding evidence, to give explanations concerning his actions; 3) to attest by his signature the fact of committing said actions, their contents and results. 3. A specialist shall be warned about the administrative responsibility for giving willfully
false explanations. 4. A specialist shall be entitled to do the following: 1) to familiarize himself with the materials of a case concerning an administrative offence
related to the actions committed with his participation; 2) by the authority of a judge, official, or person, presiding over a meeting of a collegiate
body which is trying a case concerning an administrative offence, to ask the person who is on trial in connection with the case, the aggrieved person and witnesses, questions related to the relevant proceedings;
3) to make statements and comments in respect of his actions. These statements and remarks shall be subject to entery in the record.
5. A specialist shall be administratively liable under this Code for refusal to carry out, or avoidance of, the duties provided for by Part 2 of this Article.
Article 25.9. An Expert 1. Any person of legal age who is not interested in the outcome of a case and has special
knowledge in science, technology, arts or crafts, sufficient for conducting an expert examination and for issuing an expert report, may be invited as an expert.
2. An expert shall be obliged to do the following: 1) to appear, when summoned by a judge, body, or official triying a case concerning an
administrative offence; 2) to issue an unbiased report in respect of the questions posed to him, as well as to give
explanations required in connection with the contents of the report. 3. An expert shall be warned about administrative responsibility for giving willfully false
evidence. 4. An expert shall be entitled to refuse to issue an expert report if the questions posed to
him go beyond the scope of his special knowledge or if the materials submitted to him are not sufficient for issuing an expert report.
5. An expert shall be entitled to do the following: 1) to familiarize himself with the materials of a case concerning an administrative offence
which relate to the subject of an expert examination, to make petitions for submission to him of additional materials necessary for issuing an expert report;
2) by the authority of a judge, or an official or person, presiding over the meeting of a collegiate body trying a case concerning an administrative offence, to ask the person who is on trial in connection with the case, an aggrieved person and witnesses, questions related to the subject of the expert examination;
3) to indicate in his report the circumstances important to the case which have been established during the conduct of an expert examination and in respect of which questions have not been posed to him.
6. An expert shall be administratively liable under this Code for refusal to carry out, or avoidance of, the duties provided for by Part 2 of this Article.
Article 25.10. Translator 1. Any person of legal age who has good command of languages or sign translation skills
(who understands the signs used by deaf and dumb persons) which are necessary for translation and sign translation, when carrying out proceedings on a case concerning an administrative offence, may be called upon as a translator.
2. A translator shall be appointed by a judge, body, or official trying a case concerning an administrative offence.
3. A translator shall be obliged to appear, when summoned by a judge, body, or official trying a case concerning an administrative offence, to make a complete and correct translation, and to attest the correctness of the translation by his signature.
4. A translator shall be warned about the administrative liability for making a willfully incorrect translation.
5. A translator shall be administratively liable under this Code for refusal to carry out, or avoidance of, the duties provided for by Part 3 of this Article.
Article 25.11. Prosecutor 1. A prosecutor, within the scope of his authority, shall be entitled to do the following: 1) to initiate proceedings in a case concerning an administrative offence; 2) to participate in consideration of a case concerning an administrative offence, to
present evidence, to make petitions, to issue reports concerning questions arising during consideration of the case;
3) to lodge a protest against a decision in respect of a case concerning an administrative offence, regardless of his participation in the case, as well as to commit other actions provided for by federal law.
2. A prosecutor shall be notified about the place and time of consideration of a case concerning an administrative offence committed by a minor, as well as about the time and place of consideration of such a case brought before the court at the initiative of the prosecutor.
Article 25.12. Circumstances under Which Participation in Proceedings in a Case Concerning an Administrative Offence Is Not Allowed
1. Persons, who are officials of state bodies exercising supervision and control over observance of the rules whose violation has become the reason for bringing a case concerning an administrative offence before the court or who have acted earlier as other participants of proceedings in this case, shall not be allowed to participate therein as defense counsels or representatives.
2. Persons, who are relatives of the individual who is administratively liable, of an aggrieved individual, of legal representatives thereof, of the defense counsel, of the representative, of the prosecutor, of the judge, of a member of the collegiate body or of the official trying a case concerning an administrative offence, or who have acted earlier as other participants of proceedings in this case, or if there are reasons to consider these persons to be personally interested directly or indirectly in the outcome of proceedings in this case, shall not be allowed to participate therein as a specialist, expert or translator.
Article 25.13. Challenge of Persons Whose Participation in Proceedings in a Case Concerning an Administrative Offence Is Not Allowed
1. In the presence of the circumstances, provided for by Article 25.12 of this Code which make the participation of a person as a defense counsel, representative, specialist, expert or translator in proceedings in a case concerning an administrative offence impossible, said person shall be subject to challenge.
2. An application for self-rejection or a challenge shall be filed to the judge, body, or official trying the case concerning an administrative offence.
3. Upon consideration of an application for self-rejection or for a challenge the judge, body or official, trying the case concerning an administrative offence, shall issue a ruling allowing the application or rejecting it.
Article 25.14. Reimbursement of the Expenses Incurred by an Aggrieved Person, His Legal Representatives, a Witness, a Specialist, an Expert, a Translator and by an Attesting Witness
1. Expenses, incurred by an aggrieved person, by his legal representatives, by a witness, by a specialist, by an expert, by a translator and by an attesting witness in connection with the appearance thereof before the court, official or body which is trying a case concerning an administrative offence, shall be reimbursed in the procedure established by the Government of the Russian Federation.
2. The work of a specialist, expert or translator shall be paid for in the procedure established by the Government of the Russian Federation.
Article 25.15. Notifying the Persons Deemed Party to Proceedings in the Case of an Administrative Offence
1. The persons involved in proceedings in the case of an administrative offence and also witnesses, experts, specialists and translators shall be notified or summoned to the court, the body or the official responsible for proceedings in the case by a registered letter with return receipt requested or telephone message or telegram, by fax or by means of other means of communication and delivery making sure that the notification or subpoena and delivery to the addressee are recorded.
2. Notices addressed to citizens, for instance individual entrepreneurs, shall be sent to their residential addresses. In this case, the residential address of an individual entrepreneur shall be determined according to an excerpt from the comprehensive state register of individual entrepreneurs.
3. The whereabouts of a legal entity, its branch or representative office shall be determined according to an excerpt from the comprehensive state register of legal entities. If a
legal entity deemed party to proceedings in the case of an administrative offence is represented by a representative a notice shall also be sent to the location (residence) of the representative.
4. If a person deemed party to proceedings in the case of an administrative offence has filed a petition for notification to another address then the court, body or official responsible for proceedings in the case shall also send a notice to that address. In this case the notice shall be deemed delivered to the person deemed party to proceedings in the case of the administrative offence if the notice has been delivered to the address provided by such person.
Chapter 26. Facts in Proof. Evidence. Evaluation of Evidence
Article 26.1. Circumstances Subject to Clarification with Respect to a Case Concerning an Administrative Offence
Subject to clarification with respect to a case concerning an administrative offence shall be:
1) presence of the occurrence of an administrative offence; 2) person who has committed unlawful actions (omissions) which are administratively
liable under this Code or under a law of a subject of the Russian Federation; 3) administrative guilt of the person; 4) circumstances commuting administrative liability and circumstances aggravating
administrative liability; 5) nature and amount of damage caused by an administrative offence; 6) circumstances preventing proceedings in a case concerning an administrative offence; 7) other circumstances that are important for correct resolution of a case, as well as
reasons for and circumstans of an administrative offence.
Article 26.2. Evidence 1. Any facts which serve as a ground for the establishment by a judge, body, or official,
trying a case concerning an administrative offence, of the occurrence or absence of the administrative offence, or the guilt of the person brought to account for the administrative offence, as well as other circumstances which are important for correct resolution of the case, shall be evidence with respect to the case concerning the administrative offence.
2. These facts shall be established by a record of the administrative offence and by other records provided for by this Code, or by explanations of the person who is on trial in connection with the administrative offence, or by evidence of the victim and of the witnesses, by expert reports and by other documents, as well as by readings of special technical means and by material evidence.
3. It is not allowed to use evidence in a case on an administrative offence obtained in defiance of law, in particular evidence obtained when holding an inspection in the course of exercising state control (supervision) and municipal control.
Article 26.3. Explanations of the Person Who Is on Trial in Connection with a Case Concerning an Administrative Offence, Evidence of the Victim and of the Witnesses Thereof
1. Explanations of the person who is on trial in connection with a case concerning an administrative offence, evidence of the victim and witnesses thereof, shall constitute data relevant to the case and be delivered by said persons orally or in writing.
2. Explanations of the person who is on trial in connection with a case concerning an administrative offence, evidence of the victim and the witnesses, shall be shown in a record of
the administrative offence, in a record of ensuring proceedings in the case concerning the administrative offence and in a record of proceedings in the case concerning the administrative offence; where necessary, they shall be written down and attached to the case-file.
Article 26.4. An Expert Examination 1. Where it is necessary in the course of proceedings in a case concerning an
administrative offence to use special knowledge in science, technology, arts or crafts, a judge, body, or official, trying the case, shall issue a ruling to conduct an expert examination. Experts or institutions, which are entrusted with the conduct of an expert examination, shall be obliged to execute the ruling.
2. The ruling shall indicate the following: 1) the reasons for ordering an expert examination; 2) the family name, first name and patronymic of the expert or name of the institution
where the expert examination is to be conducted; 3) the questions posed to the expert; 4) a list of materials placed at the disposal of the expert. Moreover, the ruling shall contain entries explaining to an the expert his rights and duties
and warning him of the administrative liability for issuing a willfully false expert report. 3. The questions posed to a expert and his report may not go beyond the scope of his
special knowledge. 4. Prior to directing the ruling for execution, a judge, body, or official, trying a case
concerning an administrative offence, shall be obliged to familiarize the person who is on trial in connection with the case, and the victim thereof with it, as well as to explain to them their rights, including the right to challenge an expert, the right to request the calling of persons indicated by them as experts, the right to pose questions to be answered in an expert report.
5. An expert shall issue his report in writing in his own name. It should be indicated in an expert report who conducted the expert examination, the reasons for it and its contents, and it should contain well-founded answers to the questions posed to the expert and conclusions made.
6. An expert report shall not be binding for the judge, body, or official trying a case concerning an administrative offence, but their disagreement with an expert opinion must be reasonable.
Article 26.5. Making Tests and Sampling 1. Any official, who is trying a case concerning an administrative offence, shall be entitled
to take handwriting samples, to make tests and to take samples of goods and of other articles that are necessary for conducting an expert examination.
2. Where necessary, photography, filming, videotape recording and other established ways of fixing material evidence shall be used, when making tests and taking samples.
3. A record, as provided for by Article 27.10 of this Code, shall be drawn up on the tests and sampling.
Article 26.6. Material Evidence 1. Material evidence with respect to a case concerning an administrative offence shall
mean instruments used in committing, and subjects of, the administrative offence, including instruments used in committing, or subjects of, the administrative offence bearing traces of the administrative offence.
2. Where necessary material evidence shall be photographed or fixed in some other established way and shall be attached to the case file on an administrative offence. Presence of material evidence shall be registered in the record of an administrative offence or in some other
record provided for by this Code. 3. A judge, body, or official trying a case concerning an administrative offence, shall be
obliged to take necessary measures aimed at ensuring the safety of material evidence, pending the settlement of the case on its merits, as well as to render a decision in respect of them, prior to the termination of proceedings on the case.
Article 26.7. Documents 1. Documents shall be regarded as evidence, if the data, stated or attested therein by
organisations, by associations thereof, by officials and citizens, is of importance for proceedings in a case concerning an administrative offence.
2. Documents may contain data fixed either in writing or in any other way. Materials obtained with the help of photography, filming, videotape and sound recording, as well as those contained in data bases, data banks and other information carriers, may be regarded as documents.
3. A judge, body, or official trying a case concerning an administrative offence shall be obliged to take necessary measures aimed at ensuring the safety of documents pending the settlement of the case on its merits, as well as to take a decision with respect to them prior to termination of proceedings on the case.
4. If documents have the qualities indicated in Article 26.6 of this Code, such documents shall be regarded as material evidence.
Article 26.8. Readings of Special Technical Means 1. Special technical means shall mean measurement instrumentation that has been
approved in the established procedure as a means of measurements, has the appropriate certificates and has passed a metrological check.
2. Readings of special technical means shall be shown in a record of an administrative offence or in a decision on a case of an administrative offence issued as provided for by Part 3 of Article 28.6 of this Code.
Article 26.9. Orders and Requests in Respect of a Case Concerning an Administrative Offence
1. An official trying a case concerning an administrative offence shall be entitled, in order to obtain evidence in respect of the case concerning the administrative offence, to make requests directed to appropriate territorial agencies or to order an official of an appropriate territorial agency to commit individual actions provided for by this Code.
2. An order or a request with respect to an administrative offence shall be subject to execution within a five-day term as of the date of receipt of said order or request.
3. The interaction of bodies, trying cases concerning administrative offences, with competent authorities of foreign states and international organisations shall be effected in the procedure established by the laws of the Russian Federation.
Article 26.10. Demanding and Obtaining Information A judge, body, or official, trying a case concerning an administrative offence shall, be
entitled to issue a ruling in order to demand and obtain information necessary for settling the case. Demanded information shall be directed within a three-day term as of the date of the ruling's receipt, and with regard to an administrative offence entailing administrative arrest or the administrative expulsion it shall be done without delay. Where it is impossible to submit said information, an organisation shall be obliged within a three-day term to so notify in writing the judge, body, or official who issued the ruling.
Article 26.11. Evaluation of Evidence A judge, members of a collegiate body, or official, trying a case concerning an
administrative offence, shall evaluate evidence guided by their inner conviction based on comprehensive, full and unbiased examination of all the circumstances of the case in the aggregate. No evidence shall have predetermined weight.
Chapter 27. Taking Measures to Ensure Proceedings on Cases Concerning Administrative Offences
Article 27.1. Measures to Ensure Proceedings on a Case Concerning an Administrative Offence
1. For the purpose of terminating an administrative offence, identifying an offender, drawing up a record of an administrative offence where it is impossible to do it at the place of detection of the administrative offence, securing timely and correct consideration of a case concerning an administrative offence and carrying out the decision rendered, an authorised person shall be entitled within the scope of his authority to take the following measures to ensure proceedings in a case concerning an administrative offence:
1) delivery; 2) administrative detention; 3) personal examination, examination of things, inspection of the transport vehicle a
natural person has with him; inspection of premises, territories, as well as of things and documents situated therein, which are in possession of a legal entity;
4) seizure of things and documents; 5) banning from driving a transport vehicle of appropriate type; 5.1.) examination for alcoholic intoxication; 6) medical examination in respect of alcoholic intoxication; 7) detention of a transport vehicle, prohibition on operating it; 8) arrest of goods, transport vehicles and other things; 9) forcible arrest; 10) a temporary prohibition of the activity;
11) a pledge for an arrested vessel;
12) the placement in special institutions of foreign citizens or stateless persons subject to administrative expulsion from the Russian Federation in the form of enforced expulsion from the Russian Federation.
2. Damage caused by unlawful measures of ensuring proceedings in a case concerning an administrative offence shall be subject to indemnification in the procedure provided for by the civil legislation.
Article 27.2. Delivery
1. Delivery, that is, compulsory conveyance of a natural person, and in the instances stipulated by Items 8 and 10.1 of this Part also of a vessel and other instruments of commission of an administrative offence, for the purpose of drawing up a report on an administrative offence if it cannot be drawn up at the place of revealing the administrative offence and if it is obligatory
to draw up a report, shall be carried out: 1) by officials of internal affairs bodies (police), when detecting administrative offences
cases on which shall be tried under Article 23.3 of this Code by internal affairs bodies (police), or when detecting administrative offences, for which cases internal affairs bodies (police) shall draw up records of administrative offences under Item 1 of Part 2 of Article 28.3 of this Code, as well as when detecting any administrative offences in the event of an approach to them by the officials authorised to draw up records of appropriate administrative offences - to the official premises of an internal affairs body (police) or to the premises of a local self-government body of a rural settlement;
2) by military servicemen of the internal affairs troops of the Ministry of Internal Affairs of the Russian Federation, by officials of departmental security guard agencies and extra- departmental security guard agencies attached to internal affairs bodies, when detecting administrative offences connecting with causing damage to the object or articles under their guard or with an attack on such object or articles, as well as with penetration of the area under their guard - to the official premises of an internal affairs body (police), to the official premises of a security guard agency or to the official premises of a subdivision of a military unit or of a control body of troops of the Ministry of Internal Affairs of the Russian Federation;
3) by military servicemen of the troops of the Ministry of Internal Affairs of the Russian Federation, when detecting the administrative offences provided for by Article 19. 3, by Articles from 20.1 to 20.3, by Articles 20.5. 20.8. 20.13, by Articles from 20.17 to 20.22 of this Code - to the official premises of an internal affairs body (police) or to the premises of a local self- government body of a rural settlement;
4) by officials of the bodies which are entrusted with supervision or control over observance of the rules of using transport, when detecting administrative offences on transport - to the official premises of an internal affairs body (police) or to any other official premises;
5) by officials of the military motor transport inspectorate, when detecting violations of the Traffic Regulations by the driver of a transport vehicle of the Armed Forces of the Russian Federation, internal security troops of the Ministry of Internal Affairs of the Russian Federation, the corps of engineers and road-building military units attached to the federal bodies of executive power or rescue military units of the federal executive power body, authorized to accomplish the tasks involved in civil defence - to the premises of a commandant's office or of a military unit;
6) by officials who are entrusted with supervision or control over observance of the the environmental protection legislation, the forest legislation, the fauna legislation, the legislation on fishing and preservation of aquatic biological resources, when detecting administrative offences in the appropriate areas - to the official premises of an internal affairs body (police), or to the premises of a local self-government body of a rural settlement, or to any other official premises;
7) officials of the border bodies, servicemen, officials of bodies of internal affairs (police), and also other persons executing the duty of protecting the State Border of the Russian Federation when an administrative offence is discovered in the area of defence and security of the State Border of the Russian Federation: in service premises of the border guard body, service premises of the body of internal affairs (police), service premises of the military unit or premises of the local self-government body of the rural settlement;
8) officials of the border bodies when an administrative offence is discovered in inland sea waters, in the territorial sea, on the continental shelf, in the exclusive economic zone of the Russian Federation: in service premises of the border guard body, service premises of the body of internal affairs (police), service premises of the military unit located in a port of the Russian Federation. The vessels and tools used to perpetrate the administrative offence as illegal activity was committed in inland sea waters, the territorial sea, on the continental shelf, in the
exclusive economic zone of the Russian Federation shall be delivered to a port of the Russian Federation (foreign vessels shall be brought to one of the ports of the Russian Federation opened for calls by foreign vessels);
9) Abolished from July 1, 2003; 10) by officials of customs agencies, when detecting violations of customs rules - to the
official premises of a customs agency; 10.1) by officials of the customs bodies in revealing any violations of the customs bodies
in revealing any violations of the customs rules at inland sea waters, at the territorial sea - to the official premises of the customs body located at the port of the Russian Federation. Vessels and other instruments of commission of an administrative offence used for carrying out any illegal activity on inland sea waters or on the territorial sea, shall be subject to delivery to a port of the Russian Federation (foreign vessels - to one of the ports of the Russian Federation open for calling at by foreign vessels);
11) by military servicemen and personnel of criminal punishment bodies and institutions, when detecting administrative offences provided for by Articles 19.3 and 19.12 of this Code - to the official premises of a criminal punishment body or an internal affairs body (police);
12) by officials of the bodies for control over the traffic of narcotics and psychotropic substances, when detecting the administrative offences , which cases under Article 23.63 of this Code shall be tried by these bodies, or the administrative offences, with regard to which said bodies in compliance with Item 83 of Part 2 of Article 28.3 of this Code shall draw up a record of administrative offence - to the official premises of a body for control over the traffic of narcotics and psychotropic substances or of an internal affairs body (police);
13) by officials carrying out a counterterrorist operation in case of revelation of administrative infringements stipulated by Article 20.27 of this Code - to official premises of the body of internal affairs (police) or another body carrying out a counterterrorist operation;
14) by the bailiffs during the disclosure of the administrative offences envisaged by Articles 13.26, 17.3, 17.8, 17.8.1, 17.9, 17.14, 17.15 and 17.16 of the present Code, and also during the disclosure of any administrative offences committed in the building of a court (in a court-room) to the court's premises or the organ of internal affairs (police).
15) by officials of the bodies authorised to exercise the functions of control and supervision in the field of migration, in the event of detecting the administrative offences whose cases shall be tried by these bodies in compliance with Article 23.67 of this Code, or the administrative offences, in respect of whose cases these bodies shall draw up records of the administrative offences in compliance with Item 15 of Part 2 of Article 28.3 of this Code - to the official premises of an internal affairs body (police) or to the premises of the local self- government body of a rural settlement.
Federal Law No. 424-FZ of December 8, 2011 supplemented part 1 of Article 27.2 of this Code with Item 16
16) officials of the federal executive governmental body in charge of state guarding in the event of detection of the administrative offences envisaged by Articles 19.3 and 20.17 of the present Code -- to official premises of an internal affairs body (police), premises of a municipal body or other official premises.
2. Delivery shall be made within the shortest term possible. 3. As regards a delivery, a record shall be drawn up, or an appropriate entry shall be
made to a record of an administrative offence or record of an administrative detention. The copy of the report of transportation shall be handed in to the transported person at his request.
Article 27.3. Administrative Detention
1. Administrative detention, that is, a short-term restraint on the freedom of a natural person, may be enforced in exceptional instances where it is necessary for securing correct and timely consideration of a case concerning an administrative offence and for carrying out a decision in a case concerning an administrative offence. The following persons shall be entitled to effect an administrative detention:
1) officials of internal affairs bodies (police) - when detecting administrative offences for which cases shall be tried under Article 23.3 of this Code by internal affairs bodies, or when detecting administrative offences for which cases internal affairs bodies (police) under Item 1 of Part 2 of Article 28.3 of this Code, shall draw up records of administrative offences, as well as when detecting any other administrative offences in the event of an approach to them of officials authorised to draw up records of appropriate administrative offences;
2) a senior official of a departmental security guard agency or extra-departmental security guard agency attached to internal affairs bodies at the location of an object under guard; military servicemen of internal affairs troops of the Ministry of Internal Affairs of the Russian Federation - when detecting administrative offences connected with causing damage to an object or articles under guard or connected with an attack on such an object or articles, as well as those connected with penetration of an area under their guard;
3) officials of the military motor transport inspectorate - when detecting violations of the Traffic Regulations by the driver of a transport vehicle belonging to the Armed Forces of the Russian Federation, internal security troops of the Ministry of Internal Affairs of the Russian Federation, the corps of engineers and road-building military units attached to the federal bodies of executive power or to rescue military units of the federal executive power body, authorized to accomplish the tasks involved in civil defence;
4) officials of the border bodies, officials of internal affairs bodies (police) - when detecting administrative offences in protection and safeguarding of the State Borders of the Russian Federation, as well as when detecting administrative offences in the inland sea waters, in the territorial sea, on the continental shelf or in the economic exclusion area of the Russian Federation;
5) Abolished from July 1, 2003 6) officials of customs agencies - when detecting violations of customs rules; 7) military servicemen and officials of criminal execution bodies and institutions when
detecting the administrative offences provided for by Articles 19.3 and 19.12 of this Code, and also administrative infringements associated with the causing of damage to an object or things being guarded by them or with encroachment on such object or things, as well as with entry to a zone being protected by them;
8) officials of the bodies for control over the traffic of narcotics and psychotropic substances - when detecting the administrative offences whose cases under Article 23.63 of this Code shall be tried by these bodies, or the administrative offences in respect of which said bodies in compliance with Item 83 of Part 2 of Article 28.3 of this Code shall draw up a record of an administrative offence;
9) officials carrying out a counterterrorist operation - in case of revelation of administrative infringements stipulated by Article 20.27 of this Code;
10) by the bailiffs during the disclosure of administrative offences envisaged by Articles 13.26, 17.3, 17.8, 17.8.1, 17.9, 17.14, 17.15 and 17.16 of the present Code, and also during the disclosure of any administrative offences committed in the court's building (the court's premises).
2. A list of persons, authorised to effect an administrative detention under Part 1 of this Article, shall be established by an appropriate federal executive body.
3. At the request of a detained person his relatives, the administration at the place of his employment (training), as well as his defense counsel shall be notified about his location within the shortest term possible.
4. Relatives or other legal representatives of a minor shall be notified without fail about his administrative detention.
4.1. A notice on an administrative detention of a military serviceman, or a person called up to undergo periodical military training shall be immediately served to the military commandant's office or the military unit within which the detained person undergoes military service (military training), and a notice on an administrative detention of the other person mentioned in Part 1 of Article 2.5 of the present Code shall be served to the body or institution with which the detained person undergoes service.
4.2. The following persons shall be immediately notified of the administrative detention of a member of a public supervisory commission set up under the legislation of the Russian Federation: the secretary of the Public Chamber of the Russian Federation and the relevant public supervisory commission.
5. The rights and duties of a detainee shall be explained to him, and an appropriate entry shall be made in a record of the administrative detention about it.
Article 27.4. The Record of an Administrative Detention 1. A record shall be drawn up of an administrative detention, specifying the date and
place of drawing it up, the office, family name and initials of the person who has drawn up the record, as well as information about the detainee, about the time, place of the detention and the reasons for it.
2. The record of an administrative detention shall be signed by the official, who has drawn it up, and by the detainee. If the detainee refuses to sign the record of the administrative offence, an appropriate entry shall be made in it. The copy of the report of an administrative detention shall be handed in to the detained person at his request.
Article 27.5. Term of an Administrative Detention 1. The term of an administrative detention shall not exceed three hours, except for the
instances provided for by Parts 2 and 3 of this Article. 2. Any person who is on trial in connection with a case concerning an administrative
offence which encroaches upon the established regime of the State Borders of the Russian Federation and the procedure for staying on the territory of the Russian Federation, or concerning an administrative offence committed in the inland sea waters, in the territorial sea, on the continental shelf and in the economic exclusion area of the Russian Federation, or concerning violations of customs rules, may be subjected to an administrative detention for a term of 48 hours at most, when it is necessary for his identification or for clarification of the circumstances of the administrative offence.
3. Any person, who is on trial in connection with an administrative offence entailing an administrative arrest as an administrative penalty, may be subjected to an administrative detention for a term of 48 hours at most.
4. The term of an administrative detention of a person shall be calculated as of the moment of delivery thereof in compliance with Article 27.2. of this Code, and of a person who is a state of alcoholic intoxication, as of the time of his sobering up.
Article 27.6. Place of, and Procedure for, Holding Detainees in Custody
1. Detainees shall be held at specially assigned premises of the bodies indicated in Article 27.3 of this Code, or at special institutions set up in the established procedure by executive bodies of the subjects of the Russian Federation. Said premises should meet the sanitary requirements and exclude the possibility of unauthorised exit therefrom.
2. The conditions for holding detainees in custody, nourishment norms and the procedure for medical treatment of such persons shall be determined by the Government of the Russian Federation.
3. Minors, subjected to administrative detention, shall be held separately from adults.
Article 27.7. Personal Examination of a Natural Person and Examination of Personal Effects
1. A personal examination, an examination of personal effects a natural person has with him, that is, an examination of items without destroying their structural integrity, shall be carried out, where it is necessary, for the purpose of detecting instruments or subjects of an administrative offence.
2. A personal examination of a natural person and an examination of personal effects shall be carried out by the persons indicated in Articles 27.2 and 27.3 of this Code.
3. A personal examination shall be carried out by a person of the same sex as that of the person being examined in the presence of two attesting witnesses of the same sex.
An examination of the personal effects which a natural person has with him (hand luggage, baggage, hunting and fishing instruments, gained products and other articles) shall be carried out by the officials authorised to do so in the presence of two attesting witnesses.
4. In exceptional instances, where there is sufficient reason to believe that a natural persons has weapons or other items used as arms, a personal examination of the natural person and examination of personal effects may be carried out without attesting witnesses.
5. Where necessary, photography, filming, videotape recording and other established ways of fixing material evidence shall be used.
6. As regards a personal examination and an examination of pesonal effects, a record thereof shall be made or an appropriate entry shall be made in a record of a delivery or record of an administrative detention. A record of a personal examination and of an examination of personal effects, shall indicate the date and place of it was drawn up, the office, family name and initials of the person who drew it up, information about the natural person, subjected to the personal examination, about the type, number and other identification marks of the items, including type, trademark, model, calibre, series, number and other identification marks of weapons, about type and number of ammunition, about type and requisite elements of the documents found during the examination, which the natural person has with him.
7. An entry shall be made in a record of a personal examination of a natural person and of an examination of personal effects about the use of photography, filming, videotape recording and of other established ways of fixing material evidence. Materials, obtained as a result of a personal examination of a natural person and an examination of personal effects by way of using photography, filming, videotape recording and other methods of fixing material evidence, shall be attached to an appropriate record.
8. The record of a personal examination of a natural person and of an examination of personal effects shall be signed by the official who has drawn it up, by the person who is on trial in connection with the administrative offence, or by the owner of things subjected to the examination, and by attesting witnesses. If a person, who is on trial in connection with an administrative offence, or the owner of things subjected to an examination, refuse to sign such record, an appropriate entry shall be made thereto. The copy of the report of personal examination, examination of the belongings about the natural person shall be handed in to the
owner of the belongings subjected to examination at his request.
Article 27.8. Inspection of Premises and Territories, as Well as of Things and Documents Situated Therein, Which Are Owned by a Legal Entity or by an Individual Businessman
1. The inspection of premises and territories, as well as of things and documents situated therein, which are owned by a legal entity or an individual businessman and used by them for business purposes, shall be carried out by the officials authorised to draw up records of administrative offences under Article 28.3 of this Code.
2. An inspection of premises and territories, as well as of things and documents situated therein, shall be carried out in the presence of a representative of the legal entity, of the individual businessman or of his representative, and of two attesting witnesses.
3. Where necessary, photography, filming, videotape recording and other established ways of fixing material evidence shall be used.
4. As regards an examination of premises and territories, as well as of things and documents situated therein, which are owned by a legal entity or an individual businessman, a record thereof shall be drawn up indicating the date and place of it was drawn up, the office, family name and initials of the person who drew up the record, information about the appropriate legal entity, as well as about the legal representative or of any other representative thereof, about an individual businessman or his representative, about inspected territories and premises, about the type, number and other identification marks of things, about the forms and requisite elements of the documents.
5. An entry shall be made in a record of an inspection of premises and territories, as well as of things and documents situated therein, which are owned by a legal entity or an individual businessman, about using photography, filming, videotape recording or other established ways of fixing material evidence. Materials, obtained during an inspection with the use of photography, filming, videotape recording or other ways of fixing material evidence, shall be attached to an appropriate record.
6. A record of an inspection of premise and territories, as well as of things and documents situated therein, which are owned by a legal entity or an individual businessman, shall be signed by the official who drew it up, by a lawful representative of the legal entity and by an individual businessman, or in pressing situations by any other representative of the legal entity or by a representative of the individual businessman, as well as by attesting witnesses. If a lawful representative of a legal entity or any other representative thereof, an individual businessman or his representative refuse to sign such record, an appropriate entry shall be made therein. The copy of the report of the inspection of the quarters, territories and of the belongings and documents owned by the legal entity or by the businessmen, shall be handed in to the lawful representative of the legal entity or to his another representative, to the business man or to his representative.
Article 27.9. Inspection of a Transport Vehicle 1. An inspection of any type of a transport vehicle, that is, an examination of a transport
vehicle without destroing the structural integrity thereof, shall be carried out for the purpose of detecting instruments used in committing, or subjects of, an administrative offence.
2. An inspection of a transport vehicle shall be carried out by the persons indicated in Articles 27.2 and 27.3 of this Article in the presence of two attesting witnesses.
3. An inspection of a transport vehicle shall be carried out in the presence of the person who is the owner thereof. In pressing situations an inspection of a transport vehicle may be carried out in the absence of said person.
4. Where necessary, photography, filming, videotape recording and other established
ways of fixing material evidence shall be used. 5. As regards an inspection of a transport vehicle, a record thereof shall be drawn up or
an appropriate entry shall be made in a record of an administrative detention. 6. A record of an inspection of a transport vehicle shall indicate the date and place of
drawing up the record thereof, the office, family name and initials of the person who drew it up, information about the person who owns the inspected transport vehicle, about the type, trademark, model, state registration plates and about other identification marks of the transport vehicle, about the type, number and other identification signs of things, including type, trademark, model, calibre, series, number and other identification marks of weapons, type and number of ammunition, about type and requisite elements of the documents detected during the inspection of the transport vehicle.
7. An entry about the use of photography, filming, videotape recording and other established ways of fixing material evidence shall be made in a record of inspection of a transport vehicle. Materials, gained as a result of making an inspection with the use of photography, filming, videotape recording and other established ways of fixing material evidence, shall be attached to an appropriate record.
8. A record of an inspection of a transport vehicle shall be signed by the official who conducted it, by the person, who is on trial in connection with a case concerning an administrative offence, and (or) by the person who is the owner of the transport vehicle being inspected, as well as by attesting witnesses. If the person, who is on trial in connection with a case concerning an administrative offence, and (or) the person who is the owner of the transport vehicle being inspected, refuse to sign the record thereof, an appropriate entry shall be made therein. The copy of the report of inspection of the motor vehicle shall be handed in to the person who possesses the motor vehicle which has been inspected.
Article 27.10. Seizure of Things and Documents 1. A seizure of things, which are instruments used in committing, or subjects of, an
administrative offence, and of documents accepted as evidence in respect of a case concerning the administrative offence and detected on the scene of the administrative offence or during the conduct of a personal examination of a natural person, or their personal effects, or of a transport vehicle, shall be effected by the persons indicated in Articles 27.2, 27.3 and 28.3 of this Code in the presence of two attesting witnesses.
2. A seizure of things which are instruments used in committing, or subjects of, an administrative offence and of documents accepted as evidence in respect to the administrative case and detected during an inspection of the territories and premises owned by a legal entity and of goods, transport vehicles and other property it has, as well as a seizure of appropriate documents, shall be effected by the persons indicated in Article 28.3 of this Code in the presence of two attesting witnesses.
3. When committing an administrative offence which entails the deprivation of the right to drive a transport vehicle of a given type, a driver's license, a tractor driver-operator's license (a tractor driver's license), a navigator's license and a pilot's license shall be withdrawn from the driver, navigator or pilot, pending the issuance of a decision in respect of the case concerning the administrative offence, and an interim permit to drive a transport vehicle of a given type shall be granted thereto, pending the entry into legal force of a decision in respect of the case concerning the administrative offence, but at most for two months. If the case on the administrative offence is not tried within two months, the duration of the interim permit to drive a transport vehicle of the appropriate type on the basis of the application of the person in respect of whom administrative court proceedings are being carried out shall be extended by a judge, body or official authorised to try the case of the administrative offence for a term of at the most one month each time such application is filed. When lodging an appeal against a decision on a
case of an administrative offence, the duration of the interim permit to drive a transport vehicle of the appropriate type shall be extended by the judge or official authorized to consider the appeal pending issuance of a decision in respect of the appeal against the decision on the case on the administrative offence.
4. Where necessary, photography, filming, videotape recording and other established ways of fixing material evidence shall be used, when effecting a seizure of things and documents.
5. As regards a seizure of things or documents , a record thereof shall be drawn up or an appropriate entry shall be made to a record of a delivery, in a record on the examination of the scene of an administrative offence, or in a record of an administrative detention. As regards withdrawal of a driver's license, of a tractor driver-operator's license (a tractor driver's license), of a navigator's license and of a pilot's license, an entry about it shall be made in a record of the administrative offence or in a record on examination of the scene of the administrative offence.
5.1. If documents are seized, except for the documents specified in Part 3 of the present Article, copies thereof shall be made which shall be attested by the official who seized the documents and be handed over to the person from which the documents were seized, with an entry to this effect being made in the report. If copies cannot be made or handed over simultaneously with the seizure of the documents said official shall hand over attested copies of the documents within five days after the seizure to the person from which the documents were seized, with an entry to this effect being bake in the report. If upon the expiry of five days after the seizure of the documents no attested copies of the documents have been handed over to the person from which the documents were seized then attested copies of the documents shall be sent by post as a registered postal dispatch within three days, with an entry to this effect being made in the report including an indication of the number of the postal dispatch. Copies of the documents shall be sent to the address of location of the legal entity or to the residential address of the natural person which is specified in the report.
6. A record of a seizure of articles and documents shall contain information about the type and requisite elements of seized documents, about the type, number and other identification marks of confiscated articles, including the type, trademark, model, caliber, series, number and other identification marks of weapons, about the type and quantity of ammunition.
7. An entry about the use of photography, filming, videotape recording and other established ways of fixing documents shall be made in a record of a seizure of articles and documents. Materials, gained during a seizure of articles and documents with the use of photography, filming, videotape recording and other established ways of fixing material evidence, shall be attached to an appropriate record.
8. A record of seizure of articles and documents shall be signed by the official who drew it up, by the person whose articles and documents have been confiscated, as well as by attesting witnesses. If a person, whose articles and documents have been confiscated, refuses to sign the record thereof, an appropriate entry shall be made therein. A copy of the record shall be served to the person whose articles and documents have been confiscated, or to his legal representative.
9. Where necessary, confiscated articles and documents shall be packed and sealed at the place of seizure. Confiscated articles and documents, pending the consideration of the case concerning an administrative offence, shall be kept at the places determined by the person, who has effected the seizure of the articles and documents, in the procedure established by an appropriate federal executive body.
10. Confiscated firearms and cartridges thereto, other weapons, as well as ammunition, shall be kept in a procedure determined by a federal executive body having authority in internal affairs.
11. Confiscated perishables shall be delivered in the procedure established by the Government of the Russian Federation to appropriate organisations for sale, and where the sale thereof is impossible, they shall be destroyed.
12. Confiscated drugs and psychotropic substances, as well as ethyl alcohol, alcohol and alcohol-containing products, which do not meet the obligatory requirements of standards, sanitary regulations and hygienic normative standards, shall be subject to processing or destruction in the procedure established by the Government of the Russian Federation. Samples of drugs, psychotropic substances, ethyl alcohol, of alcohol and alcohol-containing products shall be kept, pending the entry into legal force of a decision in the case concerning the administrative offence.
Article 27.11. Assessed Value of Confiscated Articles and of Other Valuables 1. Confiscated articles shall be subject to assessment where: a rule of responsibility for an administrative offence provides for the imposition of an
administrative penalty in the form of an administrative fine calculated as an amount divisible by the cost of confiscated articles;
confiscated articles are perishables and are sent for sale or destruction; ethyl alcohol, alcohol and alcohol-containing products withdrawn from circulation under
the laws of the Russian Federation are sent for processing or destruction. 2. The value of confiscated articles shall be determined on the basis of state
administered prices, where such are established. In all other instances the value of confiscated articles shall be determined on the basis of their market value. Where necessary, the value of confiscated articles shall be determined on the basis of an expert report.
3. Conversion of foreign currency, confiscated as a subject of an administrative offence, into the currency of the Russian Federation shall be carried out at the rate of the Central Bank of the Russian Federation effective on the date of committing the administrative offence.
Article 27.12. Banning from Driving a Transport Vehicle, Examination for Alcoholic Intoxication and a Medical Examination in Respect of Intoxication
1. A person who drives a transport vehicle of appropriate type and gives sufficient grounds to consider him intoxicated by alcohol, as well as persons who have committed the administrative offences provided for by Part 1 of Article 12.3, by Part 2 of Article 12.5, by Parts 1 and 2 of Article 12.7 of this Code, shall be subject to be banned from driving the transport vehicle, pending the elimination of the reason for the dismissal.
1.1. A person driving a transport vehicle of a given type in respect of whom there are sufficient reasons to believe that he/she is in a state of intoxication is subject to an examination for alcoholic intoxication in compliance with Part 6 of this article. In the event of refusal to pass an examination for alcoholic intoxication or in the event of this person's disagreement with the results of such examination, as well as where there are sufficient reasons to believe that the person is in a state of intoxication and there is a negative result of his/her examination for alcoholic intoxication, the said person is to be sent for a medical examination for intoxication.
2. Banning from driving a transport vehicle of appropriate type, ordering an examination in respect of alcoholic intoxication and sending for a medical examination in respect of intoxication shall be effected by officials empowered to exercise state control and supervision over traffic safety and operation of the transport vehicle of the appropriate type; this shall be done in respect of the driver of a transport vehicle of the Armed Forces of the Russian Federation, internal security troops of the Ministry of Internal Affairs of the Russian Federation, the corps of engineers and road-building military units attached to the federal bodies of executive power or of rescue military units of the federal executive power body, authorized to
accomplish the tasks involved in civil defence likewise by officials of the military road inspectorate in the presence of two attesting witnesses.
3. In the cases of a ban from driving a transport vehicle and ordering a medical examination in respect of alcoholic intoxication, an appropriate record shall be drawn up a copy of which shall be served to the person against whom this measure of proceeding in the case, concerning the administrative offence, has been taken.
4. A record of being banned from driving a transport vehicle of appropriate type, as well as a record of ordering a medical examination in respect of alcoholic intoxication, shall contain the date, time, place and grounds for the ban from driving the transport vehicle and for ordering a medical examination, the office, family name and initials of the person who drew up the record, information about the transport vehicle and about the person against whom this measure of proceeding in the case concerning the administrative offence has been taken.
5. A record of being banned from driving a transport vehicle, as well as a record of ordering a medical examination in respect of alcoholic intoxication, shall be signed by the official who drew it up and by the person against whom this measure of proceeding in the case concerning the administrative offence has been taken.
If a person, against whom this measure of proceeding in a case concerning an administrative offence has been taken, refuses to sign an appropriate record, a relevant entry shall be made therein.
6. An examination for alcoholic intoxication and legalisation of the results thereof, sending for a medical examination for intoxication, a medical examination in respect of intoxication and formalization of the results thereof shall carried out in the procedure established by the Government of the Russian Federation.
7. The report in respect of an examination for alcoholic intoxication or the report in respect of a medical examination for intoxication shall be attached to the appropriate record. A copy of the report in respect of an examination for alcoholic intoxication and/or a copy of the report in respect of a medical examination for intoxication shall be handed in to the person in respect of which they have been drawn up.
Note. Abrogated. Federal Law No. 69-FZ of April 21, 2011 reworded Article 27.13 of this Code. The new
wording shall enter into force from July 1, 2012 Article 27.13. Detention of a Transport Vehicle and Prohibition on Operating It
1. When violating the rules for operation of a transport vehicle and for driving a transport vehicle of the appropriate type provided for by Part 1 of Article 11.8.1, Article 11.9, by Part 1 of Article 12.3, by Part 2 of Article 12.5, by Parts 1 and 2 of Article 12.7, by Parts 1 and 3 of Article 12.8, by Part 4 of Article 12.19, Parts 1 and 2 of Article 12.21.1, Part 1 of Article 12.21.2 and by Article 12.26 of this Code, the transport vehicle shall be detained, including its movement with the help of another transport vehicle and placement to a specially allotted place (to a specialised parking lot), as well as its storage at a specialized parking lot pending the elimination of reasons for detention thereof. When the administrative offences provided for by Parts 1 and 2 of Article 12.21.1 and Part 1 of Article 12.21.2 of this Code are committed and it is impossible because of technological characteristics of a transport vehicle to move and place it to a specialized parking lot, it shall be detained by way of stopping its movement with the help of blocking devices. If movement of other transport vehicles or pedestrians is impeded and the transport vehicle to be detained cannot be moved to a specialized parking lot because of its technological characteristics, it may be moved, in particular, by way of driving the detained transport vehicle by the driver thereof or by the person cited in Part 3 of this article, to the nearest place where it does not impede movement of other transport vehicles or pedestrians with the subsequent installation of blocking devices. Payment for movement of a transport
vehicle and for storage thereof within the first 24 hours at a specialized parking lot and for installation of blocking devices shall not be collected.
2. When violating the rules for operating a transport vehicle and driving a transport vehicle provided for by 8.23, 9.3, Part 2 of Article 12.1, Article 12.4, Parts 2, 3 4-6 of Article 12.5, Part 2 of Article 12.37 of this Code, the operation of the transport vehicle shall be prohibited; and the state registration plates thereof shall be subject to removal, pending the elimination of reasons for prohibiting the operation of the transport vehicle.
2.1. Movement of a transport vehicle to the place of elimination of the reason for banning operation of a transport vehicle is allowable, except as provided for by Article 9.3 and Part 2 of Article 12.5 of this Code, but at most within 24 hours as of the time of banning operation of the transport vehicle.
3. Detention of a transport vehicle of appropriate type and prohibition on operating it shall be carried out by the officials authorised to draw up records of relevant administrative offences, and with respect to a transport vehicle of the Armed Forces of the Russian Federation, internal security troops of the Ministry of Internal Affairs of the Russian Federation, the corps of engineers and road-building military units attached to the federal bodies of executive power or of rescue military units of the federal executive power body, authorized to accomplish the tasks involved in civil defence- also by officials of the military traffic police.
4. A relevant entry shall be made in a record of the administrative offence or a separate record shall be drawn up regarding a detention of a transport vehicle of appropriate type and prohibition on operating it. A copy of a record of detaining a transport vehicle of appropriate type and on prohibiting operation thereof shall be served to the person against whom this measure of proceeding in the case concerning the administrative offence has been taken. A record of detaining a transport vehicle impeding the traffic of other transport means, in the absence of the driver thereof, shall be drawn up in the presence of two attesting witnesses.
5. Detention of a transport vehicle of the appropriate type, return of a transport vehicle, covering of expenses for storage thereof, as well as prohibition on operation of a transport vehicle shall be carried out in the procedure established by the Government of the Russian Federation.
Article 27.13.1. Detention of a Vessel Delivered to a Port of the Russian Federation 1. A vessel delivered to a port of the Russian Federation by officials mentioned in Items 8
and 10.1 of Part 1 of Article 27.2 of this Code, may be detained for finding out the circumstances of the administrative offence, ensuring, the correct and timely consideration of the case concerning the administrative offence the administrative responsibility for which is established by Part 2 of Article 8.17 and by Articles 8.18-8.20 of this Code.
2. A vessel shall be detained by officials authorised to draw up reports on the relevant administrative offences.
3. A report shall be drawn up about the detention of a vessel. A copy of the report about the detention of the vessel shall be handed over to the person in whose respect there has been applied such measure of ensuring the proceedings on the case concerning the administrative offence.
4. The period of detaining a vessel shall be calculated from the moment of drawing up the report about the detention and cannot exceed 72 hours. Upon the expiry of the detention period, the vessel shall be subject to release or to arrest in the procedure stipulated by Article 27.14.1 of this Code.
5. About the detention of a foreign vessel, the federal body of executive power in charge of foreign-affairs issues shall immediately notify the diplomatic representation or the consular
institution of the flag state of the vessel in the Russian Federation. 6. The procedure for keeping, maintaining and ensuring the safe moorage and return of
detained vessels and the procedure for the possessors of the objects of the infrastructure of ports to be compensated for the expenses connected with keeping a vessel and supporting the life and activity of its crew, shall be established by the Government of the Russian Federation.
Article 27.14. Arrest of Goods, Transport Vehicles and Other Items 1. An arrest of goods, transport vehicles and other items, which are instruments used in
committing, or subjects of, an administrative offence, shall consist of drawing up an inventory of said goods, transport vehicles and other items, accompanied by the announcement to the person, against whom this measure of proceeding in a case concerning an administrative offence has been taken, or to a legal representative thereof, about the prohibition in disposing of (and, where necessary, using) them, and shall be enforced, when it is impossible to confiscate said good, transport vehicles and other items and (or) their safekeeping may be secured without seizure thereof. Goods, transport vehicles and other items under arrest may be delivered for accountable safekeeping to other persons appointed by the official who has made the arrest thereof.
2. An arrest of goods, transport vehicles and other items shall be effected by the persons indicated in Article 27.3 and in Part 2 of Article 28.3 of this Code in the presence of the owner of the items and of two attesting witnesses.
In urgent situations an arrest of items may be effected in the absence of the owner thereof.
3. Where necessary, photography, filming, videotape recording and other established ways of fixing material evidence shall be used.
4. A record shall be drawn up of an arrest of goods, transport vehicles and other items. The record of an arrest of goods, transport vehicles and other items shall indicate the date and place of drawing it up, the office, family name and initials of the person who drew it up, information about the person against whom this measure of proceeding in a case concerning an administrative offence has been taken to, and about the person who is the owner of the goods, transport vehicles and other items which are placed under arrest, their inventory and identification marks, as well as contain an entry about the use of photography, filming, videotape recording and other established ways of fixing material evidence. Materials obtained, when making an arrest thereof, with the use of photography, filming, videotape recording and other established ways of fixing material evidence, shall be attached to the record thereof.
5. Where necessary, goods, transport vehicles and other articles placed under arrest shall be packed and sealed.
6. A copy of a record of arresting goods, transport vehicles and other items shall be served to the person against whom this measure of proceeding in a case concerning an administrative offence has been taken, or to a legal representative thereof.
7. Where goods, transport vehicles or other items under arrest are alienated or concealed, the person, against whom this measure of securing proceedings on a case concerning an administrative offence has been taken, or the keeper thereof, shall be liable under the laws of the Russian Federation.
Article 27.14.1. Arrest of a Vessel Delivered to a Port of the Russian Federation 1. A vessel delivered to a port of the Russian Federation by officials mentioned in Items 8
and 10.1 of Part 1 of Article 27.2 of this Code, shall be arrested in accordance with Article 27.14 of this Code taking into account the provisions of this Article.
2. The procedure for keeping, maintaining and ensuring the safe moorage and return of detained vessels and the procedure for the possessors of the objects of the infrastructure of
ports to be compensated for the expenses connected with keeping a vessel and supporting the life and activity of its crew, shall be established by the Government of the Russian Federation.
3. A vessel that has been an instrument of committing an administrative offence the administrative responsibility for which is established by Part 2 of Article 8.17 and by Articles 8.18-8.20 of this Code, shall be subject to immediate release after the depositing of a pledge in the procedure stipulated by Article 27.18 of this Code.
Article 27.15. Delivery 1. In the events provided for by Part 3 of Article 29.4 and by Item 8 of Part 1 of Article
29.7 of this Code, the delivery of the natural person, or of a lawful representative of the legal entity, which are on trial in connection with an administrative offence, or of a lawful representative of the minor who is administratively liable, as well as of a witness, shall be enforced.
2. The delivery shall be carried out: 1) by the body authorized to exercise the functions involved in the enforced execution of
court orders and in ensuring the established procedure for the exercise of activities by courts on the basis of a ruling issued by the judge or a decision issued by the official of the cited body who try a case on an administrative offence in the procedure established by the federal executive power body exercising the functions of normative legal regulation in respect of ensuring the established procedure for the exercise of activities by courts and of execution of judicial acts, as well as acts of other bodies;
2) an internal affairs body (the police) on the basis of a ruling issued by the cited body, other body or official trying a case on an administrative offence in the procedure established by the federal executive power body in charge of internal affairs.
Article 27.16. Temporary Prohibition of the Activity
1. A temporary prohibition of the activity shall lie in a short-term termination of the activity fixed for a term up to consideration of a case by court or by the officials cited in Items 1 and 4 of Part 2 of Article 23.31 of this Code, of the affiliates, representations and structural subdivisions of a legal entity, as well as of the production sectors, and of the running of aggregates, objects, buildings or structures, of the performance of the individual kinds of activity (of works) and of rendering services. A temporary prohibition of the activity may be applied, if for committing an administrative law offence may be imposed an administrative punishment in the form of an administrative suspension of the activity. A temporary prohibition of the activity may be applied only in exceptional cases, if this is necessary in order to prevent a direct threat to the life or the health of people, the inception of an epidemy or an epizooty, the contamination (pollution) of the quarantine objects by quarantine items, the occurrence of a radiation accident or of a technogenic catastrophe, the infliction of essential harm upon the health or the standard of the environment, to eliminate violations manifesting themselves in unlawful engagement in labour activities in the Russian Federation of a foreign citizen or a stateless person or in non- observance of the limitations concerning the exercise of certain activities, which are established in compliance with federal laws in respect of foreign citizens, stateless persons and foreign citizens, or in violating the rules for engagement of foreign citizens and stateless persons in labour activities exercised at trade outlets (including shopping complexes), and if the prevention of the above-said circumstances by other methods is impossible.
A temporary prohibition of the activity shall not be applied in case of a violation of the legislation of the Russian Federation on the counteraction to legalising (laundering) the incomes derived in a criminal way, and to financing terrorism. A suspension of transactions on the
accounts of an organisation carrying out transactions with monetary funds or with the other kinds of property shall be effected in conformity with the legislation of the Russian Federation on the counteraction to legalising (laundering) the incomes derived in a criminal way, and to financing terrorism.
2. A temporary prohibition of the activity shall be imposed only by an official person authorised in conformity with Article 28.3 of the present Code to compile a protocol on an administrative law offence, for the perpetration of which an administrative punishment may be meted out in the form of an administrative suspension of the activity.
3. A protocol shall be compiled about a temporary prohibition, in which shall be indicated the ground for the application of this measure aimed at providing for the proceedings on the case of an administrative law offence, the date and the place of its compilation, the post, surname and initials of the official person who has compiled the protocol, information on the person in respect of whom the proceedings on the case of an administrative law offence are conducted, the object of the activity which has come under a temporary prohibition of the activity, the time of the actual termination of the activity, and the explanations of the person engaged in business activity without creating a legal entity, or of the legal representative of a legal entity.
4. The protocol on a temporary prohibition of the activity shall be signed by the official person who has compiled it, by the person who is engaged in business activity without creating a legal entity, or by the legal representative of a legal entity. If any one of the above-mentioned persons has not signed the protocol, the official person shall make in it the corresponding note to this effect.
5. A copy of the protocol on a temporary prohibition of the activity shall be handed in against receipt to the person engaged in business activity without creating a legal entity, or to the legal representative of a legal entity.
6. When a temporary prohibition of the activity is imposed by an official who has drawn up a record of temporary prohibition of activities, seals shall be fixed at the premises and places where commodities and other material valuables are kept, as well as at cash-desks, and they shall be sealed, as well as the other measures involved in the exercise by an official of a legal entity, by a person exercising business activities without forming a legal entity, or by a lawful representative of a legal entity of the activities required for temporary prohibition of the activity, shall be taken.
Article 27.17. Term for a Temporary Prohibition of the Activity 1. Abrogated. 2. The term for a temporary prohibition of the activity shall be counted as from the
moment of the actual termination of activity of the affiliates, representations and structural subdivisions of a legal entity, as well as of the production sectors, and of the running of aggregates, objects, buildings or structures, of the performance of the individual kinds of activity (of works) and of rendering services.
Article 27.18. A Pledge for an Arrested Vehicle 1. A pledge for an arrested vessel shall consist in depositing by a natural person or legal
entity in whose respect a case has been initiated concerning an administrative offence the administrative responsibility for which is established by Part 2 of Article 8.17 and by Articles 8.18-8.20 of this Code, by the ship possessor, insurer or by the competent body of the flag state, of monetary means to the court which has chosen such measure of ensuring the proceedings on the case concerning the administrative offence.
2. A pledge for an arrested vessel may be applied with respect to Russian and foreign
vessels registered in the Russian Federation or in a foreign state which have become an instrument of committing one of the administrative offences, the administrative responsibility for which is established by Part 2 of Article 8.17 and by Articles 8.18-8.20 of this Code.
3. A pledge for an arrested vessel shall be applied obligatorily with respect to foreign vessels which have become an instrument of committing an administrative offence on the continental shelf and/or in the exclusive economic zone of the Russian Federation the administrative responsibility for which is established by Part 2 of Article 8.17 and by Articles 8.18-8.20 of this Code in the event that there is petition therefor of any of the persons mentioned in Part 1 of this Article.
4. A petition for applying a pledge for an arrested vessel shall, in written form, be sent to the court or to the official proceeding the case concerning the administrative offence. Upon receiving the petition for applying a pledge for the arrested vessel, the official proceeding the case concerning the administrative offence, must immediately, and, if it is necessary to find out additionally the circumstances of the administrative offence, within three days send the said petition with all the materials of the case to the court authorised to consider the case concerning the administrative offence.
5. The decision on applying a pledge for an arrested vessel and on the size of the pledge, shall be applied by the court within ten days from the day of receiving the petition mentioned in Part 4 of this Article from any of the persons mentioned in Part 1 of this Article. If such petition has been received from participants of the proceedings in a case concerning an administrative offence or if additional finding out of the circumstances of the case is necessary, except for the instances mentioned in Part 3 of this Article, the period for taking the decision on the application of a pledge for the arrested vessel may be prolonged but for not more than fifteen days.
6. The size of a pledge for an arrested vessel shall be determined by the court taking into account the size of the administrative fine established by the sanction of the applicable article of the Special part of this Code and/or taking into account - as determined on the basis of the opinion of an expert - the value of the vessel and of the other instruments of commission of the administrative offence and/or the size of the damage caused as a result of the commission of the offence. When determining the size of the pledge for an arrested vessel, there shall be taken into account the circumstances mentioned in Parts 2 and 3 of Article 4.1 of this Code.
7. The size of a pledge for an arrested vessel cannot be less than the size of the damage caused as a result of the commission of the administrative offence and than the maximum size of the administrative fine established by the sanction of the applicable article of the Special Part of this Code.
8. The decision of a judge on applying a pledge for an arrested vessel, shall be rendered in the form of a ruling, which may be appealed against in accordance with the rules established by Chapter 30 of this Code.
9. Copies of a ruling on the application of a pledge for an arrested vessel shall be handed over to the official proceeding the case concerning the administrative offence, to the pledger or his legal representative, to the natural person or legal entity in whose respect the proceedings are under way on the case concerning the administrative offence, to the legal representative of the said legal entity or its defender. The pledger or his legal representative shall be given an explanation about the procedure for returning the pledge for the arrested vessel and for recovering it into the revenue of the state.
10. The money that is the subject of a pledge for an arrested vessel, shall be paid into the deposit account of the court which has chosen such measure of ensuring the proceedings in the case concerning the administrative offence. About the acceptance of such pledge by the court, there shall be drawn up a report, whose copy shall be handed over to the pledger.
11. About the application of a pledge for an arrested vessel, the federal body of executive
power in charge of foreign-affairs issues shall immediately notify the diplomatic representation or the consular institution of the flag state of the vessel in the Russian Federation.
12. In the event of commission of an administrative offence, the administrative responsibility for which is stipulated by Part 2 of Article 8.17 and by Articles 8.18-8.20 of this Code, with the use of a vessel in whose respect there has been applied a measure of ensuring the proceedings in the case concerning the administrative offence in the form of a pledge for the arrested vessel, by a court decision the said pledge shall be recovered into the revenue of the state.
Article 27.19. The Placement in Special Institutions of Foreign Citizens or Stateless Persons Subject to Administrative Expulsion from the Russian Federation
1. The placement in special institutions of foreign citizens or stateless persons subject to administrative expulsion from the Russian Federation means that they are escorted to the special institutions envisaged by the legislation of the Russian Federation (hereinafter referred to as "a special institution formed in the established procedure by executive governmental bodies of a subject of the Russian Federation") or the premises of border-guard bodies specifically designated for that purpose and are temporarily kept in such special institutions until their enforced expulsion from the Russian Federation.
2. Keeping in special institutions in conditions allowing no opportunity for the unauthorised leaving thereof shall be applied to foreign citizens or stateless persons as security for the implementation of a judge's order ordering an administrative penalty in the form of enforced expulsion from the Russian Federation or a decision of a border-guard body's official in respect of foreign citizens or stateless persons for administrative offences in the area of protection of the State Border of the Russian Federation.
3. A special institution formed in the established procedure by executive governmental bodies of a subject of the Russian Federation shall be used for the purpose of placing a foreign citizen or stateless person on the basis of a judge's order which shall be immediately performed by the federal executive governmental body empowered to carry out the functions of enforced implementation of writs of execution and of maintaining the established procedure for the operation of courts, in the procedure established by the federal executive governmental body in charge of the functions of normative legal regulation in the area of maintaining the established procedure for the operation of courts and enforcement of court's orders and decisions of other bodies.
4. On a judge's order or a decision of the relevant border-guard body's official premises of a border-guard body designated for the purpose shall be used for the placement of a foreign citizen or stateless person who has committed an administrative offence in the area of protection of the State Border of the Russian Federation.
Chapter 28. Initiating Proceedings in a Case Concerning an Administrative Offence
Article 28.1. Initiating Proceedings in a Case Concerning an Administrative Offence 1. The following shall be deemed causes for initiating administrative proceedings: 1) direct detection by the officials, authorised to draw up records of administrative
offenses, of sufficient data showing the occurrence of an administrative offence; 2) materials containing data that indicate the presence of an administrative offence,
which have been received from law-enforcement bodies, as well as from other state agencies, from bodies of local self-government and from social associations;
3) reports and applications of natural persons and legal entities, as well as reports in mass media containing data which indicate the occurrence of an administrative offence (except
for the administrative offences provided for by Part 2 of Article 5.27, by Articles 14.12 and 14.13 of this Code);
Federal Law No. 69-FZ of April 21, 2011 amended Item 4 of part 1 of Article 28.1 of this Code. The amendments shall enter into force on January 1, 2012
4) recording of a road traffic administrative offence or an administrative offence in respect of land improvement provided for by a law of a constituent entity of the Russian Federation which is made with the use of a transport vehicle by special automatically operated technical devices which can perform the functions of photography, cinematographic recording and video recording or by photographic, cinematographic and video recording equipment;
5) confirmation of the data contained in a report or application of the owner (possessor) of a transport vehicle that in the cases provided for by Item 4 of this part the transport vehicle was in possession or use of another person.
1.1. As causes for initiation of the administrative proceedings provided for by Articles 14.12, 14.13 and 14.23 of this Code shall be deemed the ones cited in Items 1 and 2 of Part 1 of this article, as well as reports and applications of the owner of property of a unitary enterprise, managerial bodies of a legal entity and bankruptcy commissioner or, when trying a bankruptcy case, of a meeting (committee) of creditors.
1.2. The taking of a decision by the commission of the anti-monopoly body establishing the fact of a breach of the antimonopoly legislation of the Russian Federation shall be the ground for bringing action in cases of the administrative offences envisaged by Articles 14.9, 14.3, 14.31.1-14.33 of the present Code.
2.The materials, information and applications indicated in Parts 1 and 1.1 of this Article shall be subject to consideration by the officials authorised to draw up records of administrative offences.
3. Proceedings in a case concerning an administrative offence may be initiated by the official authorised to draw up records of administrative offences only in the presence of at least one of the causes indicated in Parts 1 and 1.1 of this Article and of sufficient data indicating to the occurrence of the administrative offence.
4. Proceedings in a case on an administrative offence shall be regarded as initiated as of the time of:
1) drawing up the record of the view of the place of committing the administrative offence; 2) drawing up the first record of taking measures to secure proceedings in the case on
the administrative offence which are provided for by Article 27.1 of this Code; 3) drawing up the record of the administrative offence or issuing a decision by a
prosecutor to initiate proceedings on the case concerning the administrative offence; 4) issuing a ruling to initiate proceedings on the case concerning the administrative
offence, where it is necessary to carry out an administrative investigation provided for by Article 28.7 of this Code;
5) abrogated; 6) issuing a decision in respect of the case on the administrative offence as provided for
by Part 1 or 3 of Article 28.6 of this Code. 5. In the event of the refusal to initiate proceedings on a case concerning an
administrative offence and in the presence of the materials, information and applications indicated in Items 2 and 3 of Part 1 of this Article, the official, who has considered said materials, information and application, shall issue a motivated ruling regarding the refusal to initiate a case concerning the administrative offence.
Article 28.1.1. Record of the View of the Place of Committing an Administrative Offence 1. In the event of committing the administrative offence provided for by Article 12.24 or
Part 2 of Article 12.30 of this Code, the record of the view of the place of committing an administrative offence shall be drawn up.
2. The record of the view of the place of committing an administrative offence shall be drawn up immediately after detecting the administrative offence.
3. The view of the place of committing an administrative offence shall be effected by the persons authorized to draw up records of administrative offences in compliance with Part 1 of Article 28.3 of this Code in the presence of two attesting witnesses.
4. The record of the view of the place of committing an administrative offence shall contain the date and place of drawing it up, position, surname and initials of the person who has drawn up the record, data on the person who was directly driving the transport vehicle at the time of committing the administrative offence, on the type, trademark, model, state registration plate of the transport vehicle, as well as the surnames, first names, patronymics and places of residence of attesting witnesses, witnesses and victims, if there are witnesses and victims, place, time of committing and the event of the administrative offence, the article of this Code providing for administrative liability for a given administrative offence and other data necessary for resolving the case.
5. The record of the view of the place of committing an administrative offence shall describe the following:
1) actions of the officials cited in Part 3 of Article 28.1.1 of this Code in the same order as they were made;
2) condition and quality of the roadway, presence or absence of road markings, degree of illumination of the road part where the administrative offence was committed;
3) type of the road crossing (whether it is signaled or not) where the administrative offence was made, good condition or malfunctioning of street-traffic control lights, presence or absence of priority signs;
4) other circumstances which are essential for this case. 6. In the record of the view of the place of committing an administrative offence shall be
likewise stated applications of the persons who participated in the view. 7. When drawing up the record of the view of the place of committing an administrative
offence, the persons participating in the view of the place of committing an administrative offence shall be explained their rights and duties provided for by this Code and an entry to this effect shall be made in the record.
8. An entry shall be made to the record of the view of the place of committing an administrative offence in respect of using photography, cinematographic recording, video recording and other ways of recording material evidence. Materials obtained while effecting the view with the use of photography, cinematographic recording, video recording and other ways of recording material evidence shall be attached to the appropriate record.
9. The record of the view of the place of committing an administrative offence shall be signed by the official who has drawn it up, as well as by the persons participating in the view. Copies of the record of the view of the place of committing the administrative offence shall be handed in to the persons who were directly driving a transport vehicle at the time of committing the administrative offence.
Article 28.2. A Record of an Administrative Offence
1. A record on the committing of an administrative offence, shall be drawn up, safe for the instances provided for by Article 28.4 and Parts 1 and 3 of Article 28.6 of this Code.
2. The record of an administrative offence shall indicate the date and place of drawing it up, the office, family name and initials of the person who drew it up, information about the person who is on trial in connection with the administrative offence, the family names, first names, patronymics and addresses of witnesses and victims, where there are witnesses and victims, the place and time of committing, and the occurrence of, the administrative offence, the article of this Code or of the law of a subject of the Russian Federation stipulating administrative liability for this administrative offence, an explanation of the natural person or of a lawful representative of the legal entity, which are on trial in connection with the administrative offence, and other data necessary for settling the case.
3. When drawing up a record of an administrative offence, the rights and duties of the natural person and of a lawful representative of the legal entity, which are put on trial in connection with the administrative offence, as well as of other participants of proceedings on the case, provided for by this Code, shall be explained to them, and a relevant entry shall be made in the record thereof.
4. The natural person or a lawful representative of the legal entity, which are put on trial in connection with a case concerning an administrative offence, should be provided with an opportunity to familiarize themselves with the record of the case. Said person shall be entitled to submit explanations and remarks regarding the contents of the record thereof which shall be attached thereto.
4.1. If the natural person, or a legal representative of the natural person or a legal representative of the legal entity in respect of which administrative proceedings are being carried out fails to appear, provided that they are notified in the established procedure, the record of the administrative offence shall be drawn up in the absence thereof. A copy of the record of the administrative offence shall be sent to the person in respect of which it has been drawn up within three days as of the date of drawing up the said record.
5. A record of an administrative offence shall be signed by the official who drew it up and by the natural person or a lawful representative of the legal entity which are put on trail in connection with the administrative offence. In the event of the refusal of said persons to sign the record, an appropriate entry shall be made therein.
6. To the natural person or a legal representative of the legal entity, which are put on trial in connection with an administrative offence, as well as of the victim thereof, a copy of the record, and also as provided by Part 4.1 of this Article, of the administrative offence shall be delivered against their acknowledgement of receipt.
Article 28.3. Officials Authorised to Draw Up Records of Administrative Offences 1. Records of the administrative offences provided for by this Code shall be drawn up by
officials of the bodies authorised to try cases concerning administrative offences in compliance with Article 23 of this Code within the scope of jurisdiction of an appropriate body.
2. In addition to the instances provided for by Part 1 of this Article, officials of federal executive power bodies, of their structural units and regional agencies, officials of other state bodies in compliance with the tasks set for them and the functions imposed on them by federal laws or regulatory legal acts of the President of the Russian Federation or of the Government of the Russian Federation, officials of executive power bodies of constituent entities of the Russian Federation, if the powers of the Russian Federation to exercise the state control and supervision cited in this Article are delegated to them, shall be empowered to draw up records of administrative offences:
1) officials of the internal affairs bodies (police) - of the administrative offences provided for by Articles 5.6, 5.10 - 5.12, 5.14 - 5.16, 5.22, 5.35-5.38, 5.40, 5.43, 5.47, 5.49, 6.8 - 6.13,
6.15, 6.16, 6.16.1, 7.1 and by Article 7.2 (as regards destruction or damage of wells of the state control observation system for surveying the condition of underground waters, or survey hydrologic sections at water objects, or mine survey marks, or special information signs determining the boundaries of coastal protective belts and protective zones of water objects, including coastal zones of the internal sea waters and the territorial sea of the Russian Federation, of information signs in respect of limitation of water use at public-use water bodies), by Articles 7.3 - 7.6, Article 7.7 (as regards destruction of water supply facilities and systems), by Articles 7.9, 7.11 - 7.15, 7.17, 7.19, by Article 7.20 (as regards unauthorized connections to water supply centralized systems), by Articles 7.27, 7.27.1, 8.2, Article 8.3 (as regards the administrative offences involving violations of the rules for handling pesticides and agrochemicals when storing and carrying them), by Article 8.5, Article 8.6 (as regards the administrative offences involving transportation of willfully stripped soil), by Parts 1 and 3 - 5 of Article 8.13, Part 2 of Article 8.17, Articles 8.28 - 8.32, Parts 1 and 2 of Article 8.37, Articles 8.42, 9.7, 9.10, Article 10.2 (as regards quarantine activities during epidemics and epizootics), Article 10.3 (as regards quarantine activities during epidemics and epizootics), by Article 10.5.1, Part 2 of Article 11.1, Parts 1 - 4 of Article 11.3, Part 7 of Article 11.5, Part 2 of Article 11.6 (except for the administrative offences involving destruction or damage of constructions of communication and signaling devices at ships engaged in sea transportation and at ships engaged in inland water transportation), by Part 4 - 6 of Article 11.17, Articles 11.21, 11.22, 11.26, 11.27, 11.29, by Part 4 of Article 12.2, Parts 2 and 2.1 of Article 12.3, Parts 1, 2 and 3 (in case of unlawful plotting of the colour-graphic scheme of a taximeter passenger car) of Article 12.4, Parts 3, 4 - 7 of Article 12.5, Part 2 of Article 12.7, Article 12.8, Part 3 of Article 12.10, Part 4 of Article 12.15, Article 12.26, Parts 2 and 3 of Article 12.27, Articles 13.2 - 13.4, 13.10, by Parts 1, 2 and 5 of Article 13.12, Articles 13.13, 13.14, by Part 2 of Article 13.15, Articles 13.21, 14.1, Parts 1 and 2 of Article 14.1.1, 14.2, Part 1 of Article 14.4 (as regards satisfaction of the requirements of the legislation on weapons), by Article 14.7 (as regards citizens' applications), by Articles 14.10, 14.14, by Article 14.15 (as regards violations of the rules for selling passenger cars, motorcycling vehicles, trailers and numbered assemblies, articles made of precious metals and precious stones, medicines and medical-purpose articles, household chemicals, copies of audiovisual products and phonograms, computer programmes and databases, weapons and cartridges to them, ethyl alcohol, alcoholic and alcohol-containing products, as well as beer and beverages made on the basis of it), by Parts 1 - 3 of Article 14.16, Part 4 of Article 14.16 (as regards retail sale of beer and beverages made on the basis of it), by Articles 14.17, 14.18, 14.23, by Parts 1 and 5 of Article 14.34, by Articles 14.37, 14.38, 14.43 (in as much as it concerns the vehicles operated on the territory of the Russian Federation), Articles 15.13, 15.14, 17.1 - 17.3, 17.7, 17.9 - 17.13, 18.2 - 18.4, 18.8, 18.9, 18.11, 18.12, 18.14, 19.1, 19.3 - 19.7, 19.11 - 19.17, 19.20, 19.23, 19.33, 20.2, 20.3, Part 8 of Article 20.4, by Articles 20.5, 20.6, Parts 2 and 6 of Article 20.8, Articles 20.9, 20.13, 20.15, 20.18, 20.19, by Part 4 of Article 20.20, by Article 20.22, by Part 2 of Article 20.23, Article 20.24 (as regards private detectives (security guards), by Part 2 of Article 20.25, Articles 20.28 and 20.29 of this Code;
2) abrogated upon the expiry of ninety days from the day of the official publication of Federal Law No. 380-FZ of December 28, 2009.
3) abrogated upon the expiry of ninety days from the day of the official publication of Federal Law No. 380-FZ of December 28, 2009.
4) officials of the bodies authorised to exercise functions involving the state registration of non-profit organisations, in particular branches of international organisations and foreign non- profit non-governmental organisations, public associations, political parties and religious organisations, and the exercise of control over the activities thereof - of the administrative offences provided for by Article 5.26, Part 1 of Article 19.4, Part 1 of Article 19.5, by Articles 19.6 and 19.7 of this Code;
5) officials of tax bodies - records of the administrative offences provided for by part 3 of Article 14.1.1, Articles from 15.3 to 15.9, 15.11, Part 3 of Article 18.15, Part 3 of Article 18.17, by Part 1 of Article 19.4, by Part 1 of Article 19.5, by Articles 19.6 and 19.7 of this Code;
6) Abolished from July 1, 2003.
7) officials of the bodies specially authorised to accomplish tasks in the area of civil defense, protection of the population and territories from emergency situations of a natural and man-made character - records of the administrative offences provided for by Article 9.19, by Part 1 of Article 19.4, by Part 1 of Article 19.5, by Articles 19.6, 19.7, from 20.5 to 20.7 of this Code;
8) officials of the bodies carrying out the state registration of juridical persons and individual businessmen - records of the administrative offences provided for by Part 1 of Article 14.1 and by Part 4 of Article 14.25 of this Code;
9) officials of the agencies carrying out the state registration of rights to immovable property and of transactions with it - records of the administrative offences provided for by Article 19.21 of this Code;
10) officials of the federal executive power body exercising the functions of control (supervision) over the activities of bankruptcy commissioners and of self-regulating organisations of bankruptcy commissioners - of the administrative offences provided for by Articles 14.12, 14.13, by Part 1 of Article 19.4, Part 1 of Article 19.5, Articles 19.6 and 19.7 of this Code, if these offences have been made by bankruptcy commissioners, as well as of the administrative offences provided for by Article 14.23 of this Code;
11) officials of the bodies responsible for administration of the federal budget - records of the administrative offences provided for by Part 1 of Article 19.4, by Part 1 of Article 19.5, by Articles 19.6 and 19.7 of this Code;
12) officials of customs agencies - records of the administrative offences provided for by Articles 6.15, 6.16, Part 1 of Article 7.12, by Articles 11.14 and 11.15, by Article 14.10, 14.50, by Part 1 of Article 15.6, by Part 2 of Article 15.7, by Articles 15.8, 15.9, by Part 2 of 16.1, by Part 1 of Article 19.4, by Part 1 of Article 19.5, by Articles 19.6, 19.7, 19.26 and by Part 2 of Article 20.23 of this Code;
13) officials of export control bodies - records of the administrative offences provided for by Article 19.6 of this Code;
14) officials of border guard agencies - records of the administrative offences provided for by Part 1 of Article 19.4, by Part 1 of Article 19.5, by Articles 19.6 and 19.7 of this Code.
15) officials of the bodies having authority to accomplish the functions of control and supervision in the sphere of migration - records of the administrative offences provided for by Articles from 18.11 to 18.14, by Part 3 of Article 19.3, by Part 1 of Article 19.4, by Part 1 of Article 19.5, by Articles 19.6, 19.7 and Part 3 of Article 20.25 of this Code;
16) officials of the federal executive power body exercising the state supervision and control over observance of the labour legislation and other regulatory legal acts containing labour law rules and of regional agencies thereof - of the administrative offences provided for by Part 2 of Article 5.27, Part 1 of Article 19.4, Part 1 of Article 19.5, by Articles 19.6 and 19.7 of this Code;
17) officials of social security bodies - records of the administrative offences provided for by Articles from 5.41 to 5.43, 9.13, 9.14, 11.24, by Part 1 of Article 19.5, by Articles 19.6 and 19.7 of this Code;
18) officials of the bodies exercising the functions of control and supervision over public health care - of the administrative offences provided for by Articles 6.2, 6.15, 6.16, 6.16.1, 14.43, 14.44, 14.46, by Part 1 of Article 19.4, part 15 of Article 19.5, Article 19.33 of this Code;
19) officials of the bodies exercising the functions of control and supervision over ensuring the population's sanitary-epidemiological safety - of the administrative offences provided for by Articles 6.1, 14.26, Part 1 of Article 14.34, Articles 14.43 - 14.46, Part 1 of Article 19.4, Parts 1 and 15 of Article 19.5, Articles 19.6, 19.7, 19.33 of this Code;
20) abrogated upon the expiry of ninety days from the day of the official publication of Federal Law No. 380-FZ of December 28, 2009.
21) officials of the bodies exercising state veterinary supervision - records of the administrative offences provided for by Articles 14.43-14.46, Part 1 of Article 19.4, by Parts 1 and 15 of Article 19.5, by Articles 19.6, 19.7, 19.33 of this Code;
22) officials of the bodies exercising the state quarantine phytosanitary control, the state supervision and control over safe handling of pesticides and agrochemicals, over quality and safety of grain and of its products and the state control over the use and protection of agricultural lands - of the administrative offences provided for by Articles 14.43-14.46, Part 1 of Article 19.4, Parts 1 and 15 of Article 19.5, Articles 19.6, 19.7, 19.33 of this Code;
23) abrogated upon the expiry of ninety days from the day of the official publication of Federal Law No. 380-FZ of December 28, 2009.
24) abrogated upon the expiry of ninety days from the day of the official publication of Federal Law No. 380-FZ of December 28, 2009.
25) abrogated upon the expiry of ninety days from the day of the official publication of Federal Law No. 380-FZ of December 28, 2009.
26) abrogated upon the expiry of ninety days from the day of the official publication of Federal Law No. 380-FZ of December 28, 2009.
27) officials of the bodies having authority in livestock breeding management - cases concerning the administrative offences provided for by Article 10.11, by Part 1 of Article 19.4, by Part 1 of Article 19.5, by Articles 19.6 and 19.7 of this Code;
28) officials of the bodies exercising state supervision and control over land improvement - cases concerning the administrative offences provided for by Part 1 of Article 19.4, by Part 1 of Article 19.5, by Articles 19.6 and 19.7 of this Code;
29) officials of the bodies exercising state control over land protection and utilization - cases concerning the administrative offence provided for by Part 1 of Article 19.4, by Part 1 of Article 19.5, by Articles 19.6 and 19.7 of this Code;
30) officials of the bodies exercising state control over subsoil geological survey, efficient use and protection - cases concerning the administrative offences provided for by Part 1 of Article 19.4, by Part 1 of Article 19.5, by Articles 19.6 and 19.7 of this Code;
31) officials of the bodies exercising state control and supervision over the use and protection of bodies of water - cases concerning the administrative offences provided for by Article 9.19, by Articles 14.43, 14.44, Part 1 of Article 19.4, by Parts 1 and 5 of Article 19.5, by Articles 19.6, 19.7 and 19.33 of this Code;
32) officials of the bodies exercising the state forest control and supervision - cases concerning the administrative offences provided for by Part 2 of Article 8.28, Part 1 of Article 19.4, by Part 1 of Article 19.5, by Articles 19.6 and 19.7 of this Code;
33) officials of the bodies exercising the functions of control over arrangement and functioning of specially protected national areas of federal importance - cases concerning the
administrative offences provided for by Part 1 of Article 19.4, by Part 1 of Article 19.5, by Articles 19.6 and 19.7 of this Code;
34) officials of the bodies exercising the functions of protection, control over and regulation of the use of the animal kingdom items and of their habitat - cases concerning the administrative offences provided for by Part 1 of Article 19.4, by Part 1 of Article 19.5, by Articles 19.6 and 19.7 of this Code;
35) officials of the bodies exercising control and supervision over fishing and preservation of aquatic biological resources, as well as of their habitat - cases concerning the administrative offences provided for by Part 1 of Article 19.4, by Part 1 of Article 19.5, by Articles 19.6 and 19.7 of this Code;
36) officials of the bodies in charge of hydrometeorology and environmental monitoring - cases concerning the administrative offences provided for by Parts 3 and 4 of Article 8.40, Part 1 of Article 19.4, by Part 1 of Article 19.5, by Articles 19.6 and 19.7 of this Code;
37) officials of the bodies exercising state ecological control - cases concerning the administrative offences provided for by Articles 14.26, 14.43, Part 1 of Article 19.4, by Parts 1 and 15 of Article 19.5, by Articles 19.6, 19.7 and 19.33 of this Code;
38) officials of state energy supervision bodies - cases concerning the administrative offences provided for by Article 7.19 (in respect of officials and legal entities), Part 1 of Article 19.4, by Part 1 of Article 19.5, by Articles 19.6 and 19.7 of this Code;
39) officials of the bodies exercising the state control and supervision over safe carrying out of works connected with subsoil use, industrial safety and safety of hydraulic engineering structures - cases concerning the administrative offences provided for by Articles 7.5, 7.7, by Article 7.10 (as regards unauthorized cession of the right to use subsoil and unauthorized barter of a subsoil plot), by Part 3 of Article 9.1, by Part 2 of Article 9.5, by Articles 9.7, 9.8, 9.10, 9.11, by Parts 2, 3 and 4 of Article 14.1, Articles 14.43, 14.44, by Article 19.4, by Parts 1 and 15 of Article 19.5, by Articles 19.6, 19.7, 19.33, by Parts from 1 to 6 of Article 20.4 of this Code;
40) abrogated upon the expiry of ninety days from the day of the official publication of Federal Law No. 380-FZ of December 28, 2009.
41) officials of the bodies exercising the functions of control and supervision over safety of the use of nuclear power - cases concerning the administrative offences provided for by Articles 14.43 and 14.49 (in as much as it concerns the facilities for which provisions relating to nuclear and radiation safety in the area of the use of atomic energy are established), Part 1 of Article 19.4, by Parts 1 and 15 of Article 19.5, by Articles 19.6, 19.7 and 19.33 of this Code;
42) officials of the bodies exercising state fire prevention supervision - cases concerning the administrative offences provided for by Part 1 of Article 14.34, Articles 14.44, 14.46, Part 1 of Article 19.4, by Parts 12 - 15 of Article 19.5, by Articles 19.6, 19.7, by Article 19.13 (as regards a wittingly false call of a fire brigade), by Article 19.33 of this Code;
43) officials of the bodies exercising state supervision over the technical condition of self- propelled machines and of other types of machinery - cases concerning the administrative offences provided for by Articles 14.43, 14.44, Part 1 of Article 19.4, by Parts 1 and 15 of Article 19.5, by Articles 19.6, 19.7 and 19.33 of this Code;
44) officials of the bodies exercising the functions of control and supervision over transport - of the administrative offences provided for by Part 2 of Article 11.15.1, Articles 11.22, 14.43, 14.44, Part 1 of Article 19.4, Parts 1, 10 and 15 of Article 19.5, Articles 19.6, 19.7 and 19.33 of this Code;
45) abrogated upon the expiry of ninety days from the day of the official publication of Federal Law No. 380-FZ of December 28, 2009.
46) abrogated upon the expiry of ninety days from the day of the official publication of Federal Law No. 380-FZ of December 28, 2009.
47) abrogated upon the expiry of ninety days from the day of the official publication of Federal Law No. 380-FZ of December 28, 2009.
48) officials of agencies of the small boat inspectorate - cases concerning the administrative offences provided for by Part 1 of Article 19.4, by Part 1 of Article 19.5, by Articles 19.6 and 19.7 of this Code;
49) abrogated upon the expiry of ninety days from the day of the official publication of Federal Law No. 380-FZ of December 28, 2009.
50) officials of the bodies authorised in respect of aviation - records of the administrative offences provided for by Part 2 of Article 11.3, Part 7 of Article 11.5, Part 2 of Article 11.15.1, Part 1 of Article 19.4, Parts 1 and 10 of Article 19.5, Articles 19.6, 19.7 and 19.7.5 of this Code;
51) officials of agencies exercising the functions of control and supervision over the use of air space - cases concerning the administrative offences provided for by Part 2 of Article 11.15.1, Part 1 of Article 19.4, by Parts 1 and 10 of Article 19.5, by Articles 19.6 and 19.7 of this Code;
52) officials of the bodies having authority in defense - cases concerning the administrative offences provided for by Part 2 of Article 11.6 (as regards destruction or damage of floating and coastal navigation facilities), Article 14.49 (in as much as it concerns the products (works and services) used for the purpose of protecting the information classified as a state secret or as other restricted-access information protected under the legislation of the Russian Federation, the products (works and services) about which information is deemed a state secret, the processes of designing (including prospecting), manufacturing, constructing, erecting, adjusting, operating, storing, transporting, selling, disposing and burying said products), Part 1 of Article 19.4, by Parts 1 and 15 of Article 19.5, by Articles 19.6 and 19.7 of this Code;
53) officials of the federal executive body, having authority in foreign intelligence, and of territorial agencies thereof - cases concerning the administrative offences provided for by Article 14.49 (in as much as it concerns the products (works and services) used for the purpose of protecting the information classified as a state secret or as other restricted-access information protected under the legislation of the Russian Federation, the products (works and services) about which information is deemed a state secret -- intended for being operated in foreign missions of the Russian Federation, the processes of designing (including prospecting), manufacturing, operating, storing, transporting, selling, disposing and burying said products), Part 1 of Article 19.4, by Parts 1 and 15 of Article 19.5, by Articles 19.6 and 19.7 of this Code;
54) Abrogated from July 1, 2003.
Federal Law No. 424-FZ of December 8, 2011 supplemented part 2 of Article 28.3 of this Code with Item 54.1
54.1) officials of the federal executive governmental body in charge of state guarding - on the administrative offences envisaged by Part 5 of Article 19.3, Part 1 of Article 19.4, Part 1 of Article 19.5, Articles 19.6, 19.7 and 20.17 of the present Code;
55) officials of the federal executive body, having authority over opposition to technical intelligence services, technical protection of information and of its regional agencies - cases concerning the administrative offences provided for by Part 5 of Article 13.12, Article 14.49 (in
as much as it concerns the products (works and services) used for the purpose of protecting the information classified as a state secret or as other restricted-access information protected under the legislation of the Russian Federation, the products (works and services) about which information is deemed a state secret, the processes of designing (including prospecting), manufacturing, constructing, erecting, adjusting, operating, storing, transporting, selling, disposing and burying said products), Part 1 of Article 19.4, by Parts 1 and 15 of Article 19.5, by Articles 19.6 and 19.7 of this Code;
56) officials of the federal executive body, having authority in respect of state security of the Russian Federation, and of territorial agencies thereof - cases concerning the administrative offences provided for by Article 9.19 (in respect of the security agencies where supervisory functions are exercised in the field of industrial safety, fire safety and safe operation of power installations and heating plants), by Part 5 of Article 13.12, by Part 1 of Article 14.20, Article 14.49 (in as much as it concerns the products (works and services) used for the purpose of protecting the information classified as a state secret or as other restricted-access information protected under the legislation of the Russian Federation, the products (works and services) about which information is deemed a state secret, the processes of designing (including prospecting), manufacturing, constructing, erecting, adjusting, operating, storing, transporting, selling, disposing and burying said products), by Part 4 of Article 19.3, by Part 1 of Article 19.4, by Parts 1 and 15 of Article 19.5, by Articles 19.6, 19.7 and 20.27 of this Code;
57) abrogated upon the expiry of ninety days from the day of the official publication of Federal Law No. 380-FZ of December 28, 2009.
58) officials of the body exercising the functions of control and supervision over telecommunications, information technologies and mass communications - of the administrative offences provided for by Articles 5.5, 5.10, 5.11, 5.13, 5.51, 6.13, by Article 7.12 (for violations in the field of mass communications), by Parts 1 and 2 of Article 13.5, Part 5 of Article 13.12, Articles 13.15, 13.16, 13.20, 13.21, 13.23, Part 1 of Article 19.4, Part 1 of Article 19.5, Articles 19.6 and 19.7 of this Code;
59) officials of the bodies exercising control over observance of the legislation on archive business - cases concerning the administrative offences provided for by Article 13.20, by Part 2 of Article 13.25, Part 1 of Article 19.4, by Part 1 of Article 19.5, by Articles 19.6 and 19.7 of this Code;
60) abrogated upon the expiry of ninety days from the day of the official publication of Federal Law No. 380-FZ of December 28, 2009.
61) officials of the bodies in charge of financial markets - cases concerning the administrative offences provided for by Article 14.36, Part 11 of Article 15.23.1, by Part 1 of Article 19.4, by Article 19.6 of this Code;
62) officials of the federal antimonopoly body and its territorial bodies - cases concerning the administrative offences provided for by Part 1 of Article 19.4, Part 1 and 2.7 of Article 19.5, Articles 19.6 and 19.7 of this Code;
63) officials of the bodies exercising the functions of control and supervision over protection of consumers' rights and over consumer market - of the administrative offences provided for by Articles 14.1, 14.4, 14.10, Parts 1 and 5 of Article 14.34, Articles 14.43-14.46 (except for breaches in the event of production of, and transactions in (except for the retail sale alcohol products and alcohol-containing products) ethyl alcohol, alcohol products and alcohol- containing products), Article 15.12, Part 1 of Article 18.17 (as regards failures to observe the permissible share of foreign employees used by economic agents exercising activities in the field of retail trade in the territory of the Russian Federation), by Part 1 of Article 19.4, Parts 1
and 15 of Article 19.5, Articles 19.6, 19.7, Article 19.33 (except for breaches in the event of production of, and transactions in (except for the retail sale of alcohol products and alcohol- containing products) ethyl alcohol, alcohol products and alcohol-containing products) of this Code;
64) officials of the bodies exercising state control over production and sale of ethyl alcohol, of alcohol and alcohol- containing products - cases concerning the administrative offences provided for by Articles 14.6, by Parts 1 and 2 of Article 14.16, by Parts 1, 3 and 4 of Article 14.17, by Articles 14.18, 14.43-14.46 (in as much as it concerns breaches in the event of production of, and transactions (except for the retail sale of alcohol products and alcohol- containing products) in ethyl alcohol, alcohol products and alcohol-containing products), 15.12, 15.13, by Part 1 of Article 19.4, by Parts 1 and 15 of Article 19.5, Articles 19.6, 19.7, Article 19.33 (in as much as it concerns breaches in the event of production of, and transactions (except for the retail sale of alcohol products and alcohol-containing products) in ethyl alcohol, alcohol products and alcohol-containing products) of this Code;
65) officials of the bodies authorized in respect of state tariff regulation - cases concerning the administrative offences provided for by Part 1 of Article 19.4, by Part 1 of Article 19.5, by Articles 19.6 and 19.7 of this Code;
66) officials of the bodies exercising the state control and supervision over the satisfaction of obligatory requirements for products and the state metrological control - of the administrative offences provided for by Articles 14.43-14.46, Part 1 of Article 15.12, Part 1 of Article 19.4, Parts 1 and 15 of Article 19.5, Articles 19.6, 19.7 and 19.33 of this Code;
67) officials of state statistical registration bodies - cases concerning the administrative offences provided for by Part 1 of Article 19.4, by Part 1 of Article 19.5, by Articles 19.6 and 19.7 of this Code;
68) abrogated upon the expiry of ninety days from the day of the official publication of Federal Law No. 380-FZ of December 28, 2009.
69) officials of agencies exercising the state control over the use and integrity of the housing stock, regardless of the property form thereof, observance of the rules for maintenance of common property of premises' owners in an apartment house, conformity of residential premises, quality, volume of, and procedure for rendering, municipal services to the established requirements - cases concerning the administrative offences provided for by Article 7.23.1, Part 1 of Article 19.4, by Part 1 of Article 19.5, by Article 19.6 and 19.7 of this Code;
70) officials of the federal executive body and executive bodies of constituent entities of the Russian Federation authorised to exercise governmental building supervision - cases concerning the administrative offences provided for by Article 14.44, Part 1 of Article 19.4, by Parts 6 and 15 of Article 19.5, by Articles 19.6, 19.7 and 19.33 of this Code;
71) officials of the bodies having authority in privatisation and state property management - cases concerning the administrative offences provided for by Part 1 of Article 19.4, by Part 1 of Article 19.5, by Articles 19.6 and 19.7 of this Code;
72) officials of the bodies exercising state control over the preservation, use and popularization of cultural heritage units, as well as their state protection - cases concerning the administrative offences provided for by Article 7.15, by Part 1 of Article 19.4, by Part 1 of Article 19.5, by Articles 19.6 and 19.7 of this Code;
73) officials of the bodies exercising state geodetic supervision, as well as state control in naming geographic objects - cases concerning the administrative offences provided for by Part 1 of Article 19.4, by Part 1 of Article 19.5, by Articles 19.6 and 19.7 of this Code;
74) officials of the bodies having authority in the legal protection of the results of military,
special and dual purpose intellectual activities - cases concerning the administrative offences provided for by Part 1 of Article 14.20, by Part 1 of Article 19.5, by Articles 19.6 and 19.7 of this Code;
75) officials of the bodies having authority in protection of patent rights - cases concerning the administrative offences provided for by Part 2 of Article 7.12, by Article 7.28, by Part 1 of Article 19.5, by Articles 19.6 and 19.7 of this Code;
76) abrogated upon the expiry of ninety days from the day of the official publication of Federal Law No. 380-FZ of December 28, 2009.
77) officials of the bodies authorised to exercise the functions involved in the enforced execution of court orders and in ensuring the established procedure for the exercise of activities by courts - of the administrative offences provided for by Parts 2 and 3 of Article 5.35, Articles 17.3-17.6, 17.8, 17.9, Parts 2 and 2.1 of Article 17.14, by Article 17.16, Part 1 of Article 19.4, Part 1 of Article 19.5, Articles 19.6 and 19.7 of this Code;
78) officials of subdivisions of a military unit, of a control body of internal troops of the Ministry of Internal Affairs of the Russian Federation - cases concerning the administrative offences provided for by Part 1 of Article 19.3, by Part 3 of Article 20.2, by Articles 20.5, 20.13, from 20.17 to 20.19 of this Code;
79) officials carrying out an antiterrorist operation - cases concerning the administrative offences provided for by Article 20.27 of this Code;
80) officials of bodies and agents of currency control - cases concerning the administrative offences provided for by Article 15.25, by Part 1 of Article 19.4, by Part 1 of Article 19.5, by Articles 19.6 and 19.7 of this Code;
Federal Law No. 162-FZ of June 27, 2011 reworded Item 81 of part 2 of Article 28.3 of this Code. The new wording shall enter into force upon the expiry of a year after the day of official publication of the said Federal Law
81) officials of the Bank of Russia - cases concerning the administrative offences provided for by Article 15.26, Parts 1-3 of Article 15.27 of this Code.
82) the officials of the bodies responsible for monitoring the observance of the legislation on counteracting the legalisation (laundering) of incomes received by the way of crime and the financing of terrorism: on the administrative offences specified in Part 1 of Article 19.4, Part 1 of Article 19.5, Articles 19.6, 19.7 of the present Code;
83) officials of the bodies for control over the traffic of narcotics and psychotropic substances - on the administrative offences provided for by Articles 6.8, 6.9, 6.13, 6.15, 6.16, 6.16.1, 6.18, 10.5.1, Part 3 of Article 19.3, Part 1 of Article 19.4, Part 1 of Article 19.5, Articles 19.6, 19.7, Part 4 of Article 20.20, Article 20.22 (in the instances of consuming narcotics or psychotropic substances) of this Code;
84) officials of the bodies charged with regulating relationships in the area of organising and conducting lotteries - on the administrative offences envisaged by Article 14.27, Part 1 of Article 19.4, Part 1 of Article 19.5, Articles 19.6 and 19.7 of the present Code;
85) officials of the bodies exercising state control over the safety of explosive manufacturing facilities - cases concerning the administrative offences provided for by Part 3 of Article 9.1 of this Code;
86) officials of the federal executive body in charge of employment of the population - cases concerning the administrative offences provided for by Part 3 of Article 18.15, Part 1 of Article 19.5 and Article 19.7 of this Code;
87) the officials of the executive power bodies of the subjects of the Russian Federation, exercising the handed over powers of the Russian Federation in the area of facilitating the employment of the population - on the administrative law offences, envisaged in Articles 5.42
and 19.7 of the present Code; 88) officials of the federal executive body authorised to exercise the functions of control
over making foreign investments in the Russian Federation - records on the administrative offences provided for by Articles 19.6 and 19.7 of this Code;
89) officials of the executive bodies authorized to exercise state construction supervision - on the administrative offences provided for by Article 9.5.1 of this Code;
90) officials of the bodies exercising supervision and control over the observance of legislation of the Russian Federation in the field of education - about the administrative offences stipulated by Article 5.57, Part 1 of Article 19.4, Part 1 of Article 19.5, Articles 19.6, 19.7 and 19.30 of this Code;
91) officials of the federal executive power body authorized to exercise the functions of control and supervision over the activities of the credit histories' bureau - of the administrative offences provided for by Part 1 of Article 19.4, Part 1 of Article 19.5, Articles 19.6 and 19.7 of this Code.
91.1) officials of the federal executive power body authorized to exercise control over ensuring the safety of the fuel and energy complex facilities - of the administrative offices provided for by Article 20.30 of this Code;
92) officials of the federal executive power bodies authorized to accept and register notifications of starting to exercise some kinds of business activities - records of the administrative offences provided for by Parts 1 and 2 of Article 19.7.5.-1 of this Code.
93) officials of the military motor inspectorate - concerning administrative offences stipulated by Part 4 of Article 12.2, Part 1 and Part 2 (except for the cases of illegal mounting on a transport vehicle of an identification lamp of a passenger taxi) of Article 12.4, parts 3, 4, 5, 6 of Article 12.5, part 2 of Article 12.7, Articles 12.8, 12.26 of this Code, with respect to an official of a military unit responsible for the technical state and operation of a transport vehicle, and a driver of a transport vehicle of the Armed Forces of the Russian Federation, internal troops of the Ministry of Internal Affairs of the Russian Federation, engineering-and-technical, road- building military formations under the federal bodies of executive power or rescue military formations of the federal body of executive power authorised to resolve tasks in the field of civil defence.
94) officials of the federal executive governmental body carrying out the functions of control and supervision in the area of a state defence order: on the administrative offences envisaged by Articles 14.43, 14.44, 14.49, Part 15 of Article 19.5, Article 19.33 of the present Code;
95) officials of the federal executive governmental body carrying out the functions of the national body of the Russian Federation in charge of accreditation: on the administrative offences envisaged by Articles 14.47 and 14.48 of the present Code.
3. Apart from the cases provided for by Part 2 of this Article, officials of federal executive bodies, of their structural subdivisions and territorial agencies, as well as of other state bodies issuing licenses for individual types of activities and exercising control over the observance of terms and conditions of licenses shall be empowered to draw up records of the administrative offences provided for by Parts 2, 3 and 4 of Article 14.1 and by Article 19.20 of this Code within the scope of jurisdiction of an appropriate agency.
Apart from the instances provided for by Part 2 of this Article, officials of federal executive
bodies, of their structural subdivisions and territorial agencies, as well as of other state agencies authorised to carry out proceedings on cases concerning administrative offences in compliance with this Code, shall be empowered to draw up records of the administrative offences provided for by Articles 17.7 and 17.9 and 17.16 of this Code.
Apart from the cases envisaged by Part 2 of the present article, the right to draw up the reports on administrative offences envisaged by Articles 19.4.1, 19.26 of the present Code shall belong to officials of the federal executive governmental bodies, their structural units and territorial bodies as well as the other state bodies empowered to exercise state control (supervision).
4. A list of the officials, authorised to draw up records of administrative offences in compliance with Parts 1, 2 and 3 of this Article, shall be established accordingly by the authorised federal executive bodies, the authorised bodies of the executive power of the subjects of the Russian Federation and the Bank of Russia in compliance with the tasks and functions imposed upon the said bodies by the federal laws.
A list of the officials entitled to draw up records of the administrative offences, in respect of which the consideration of cases is referred by this Code to the scope of authority of executive bodies of the subjects of the Russian Federation, shall be established by the authorised executive bodies of the subjects of the Russian Federation.
5. The following persons shall be empowered to draw up records of administrative offences:
1) members of election commissions, of referendum committees with the right to vote authorised by the election commissions and by referendum committees - of the administrative offences provided for by Articles 5.3 - 5.5, 5.8 - 5.10, 5.12, 5.15, 5.17 - 5.20, 5.47, 5.50, 5.51 and 5.56 of this Code;
2) members of commissions for juveniles' affairs and for protection of their rights - of the administrative offences provided for by Articles 5.35 - 5.37 and 6.10 of this Code;
3) inspectors of the Audit Chamber of the Russian Federation - of the administrative offences provided for by Articles 5.21, 15.14 - 15.16, Part 1 of Article 19.4, Part 1 of Article 19.5 and by Article 19.6 of this Code;
4) officials of state off-budget funds - of the administrative offences provided for by Articles 15.3, 15.4, Part 1 of Article 15.6, Part 1 of Article 15.7, by Article 15.8 (as regards the administrative offences connected with remittance of contributions to appropriate state off- budget funds), Part 2 of Article 15.10, Articles 15.32 and 15.33 of this Code. A list of the officials authorized to draw up records of administrative offences in compliance with this item shall be endorsed by heads of state off-budget funds;
5) officials of agencies and institutions of the criminal execution system - of the administrative offences provided for by Article 9.19 (in respect of industrial facilities of the criminal execution system), by Articles 17.7, 17.9, Part 1 of Article 19.3, Part 1 of Article 19.5, Articles 19.6, 19.7, 19.12, and Part 1 of Article 20.25 of this Code;
Federal Law No. 242-FZ of July 18, 2011 amended Item 6 of Part 5 of Article 28.3 of this Code. The amendments shall enter into force on August 1, 2011
6) officials of the bodies exercising the state assay supervision and the state control over production, extraction, processing, use, circulation, keeping records and storage of precious metals and precious stones - of the administrative offences provided for by Part 1 of Article 19.4, Part 1 of Article 19.5, Articles 19.6 and 19.7 of this Code;
Federal Law No. 242-FZ of July 18, 2011 amended Item 7 of Part 5 of Article 28.3 of this Code. The amendments shall enter into force on August 1, 2011
7) officials of extra-departmental guard bodies - of the administrative offences provided for by Article 11.16 (as regards the authority of exercising control and supervision over fire safety on transport in respect of natural persons provided for by federal laws) and by Article 20.17 of this Code;
8) officials of the state institutions exercising the state forest control and supervision - of the administrative offences provided for by Article 7.1 (as regards land plots within the scope of authority thereof in compliance with the forest legislation), Part 2 of Article 7.2 (as regards the destruction or damage of forest management signs or forestry signs within the scope of authority thereof in compliance with the forest legislation), Article 7.9, Article 7.10 (as regards unauthorised assignment of the right of use a forest plot and unauthorized barter of a forest plot within the scope of authority thereof in compliance with the forest legislation), Article 7.11 (within the scope of authority thereof in compliance with the forest legislation), Article 8.7 (within the scope of authority thereof in compliance with the forest legislation), Article 8.8 (within the scope of authority thereof in compliance with the forest legislation), Articles 8.25-8.32, Part 1 of Article 19.4, Part 1 of Article 19.5, Articles 19.6 and 19.7 of this Code;
9) officials of the state institutions exercising the state forest fire safety supervision - of the administrative offences provided for by Article 8.32, Part 1 of Article 19.4, Part 1 of Article 19.5, Articles 19.6 and 19.7 of this Code;
10) state inspectors for protection of territories of state wilderness areas and national parks - of the administrative offences provided for by Article 8.39 (as regards violations made in the territories of state wilderness areas and of national parks), by Part 1 of Article 19.4, Part 1 of Article 19.5, by Articles 19.6 and 19.7 of this Code;
11) officials of the State Atomic Energy Corporation Rosatom - of the administrative offences provided for by Parts 2, 3 and 4 of Article 14.1 of this Code;
12) officials of the bodies that have rendered a decision to impose an administrative fine - of the administrative offences provided for by Part 1 of Article 20.25 of this Code, and bailiffs - in respect of the cases on administrative offences tried by judges;
13) captains of sea ships, captains of inland navigation ships and captains of mixed navigation ships (sea-river) - of the administrative offences provided for by Part 2 and 5 of Article 11.17 of this Code;
14) officials of the state institutions which are subordinate to the executive power bodies of constituent entities of the Russian Federation and exercise the functions of protection, control over and regulation of the animal kingdom items and of their habitat - of the administrative offences provided for by Part 2 of Article 7.2 (as regards destruction or damage of the signs set up by the animal kingdom users, by authorised state bodies in charge of protection, control over and regulation of the use of the animal kingdom items and of their habitat, of buildings and other structures possessed by the said users and bodies, except for the administrative offences made in the territories of specially protected natural areas of federal importance), by Article 7.11 (except for the administrative offences made in the territories of specially protected natural areas of federal importance), by Article 8.33 (except for the administrative offences made in the territories of specially protected natural areas of federal importance), by Article 8.34 (as regards the administrative offences made in respect of biological collections containing the animal kingdom items and except for the administrative offences made in specially protected natural areas of federal importance), by Article 8.35 (except for the administrative offences made in specially protected natural areas of federal importance), by Article 8.36 (except for the administrative offences made in specially protected natural areas of federal importance), by Part 1 of Article 8.37 (except for the administrative offences made in specially protected natural
areas of federal importance), by Part 3 of Article 8.37 (except for the administrative offences made in specially protected natural areas of federal importance) of this Code;
15) officials (state gamekeepers) of the state institutions which are subordinate to the executive power bodies of constituent entities of the Russian Federation exercising state hunting control and supervision - of the administrative offences provided for by Item 14 of this Part.
6. Records of the administrative offences provided for by laws of the subjects of the Russian Federation, as well as records of the administrative offences provided for by Parts 3 and 4 of Article 14.1 and by Parts 2 and 3 of Article 19.20 in respect of the types of activity which are licenced by executive bodies of the subjects of the Russian Federation, shall be drawn up by officials authorised by appropriate subjects of the Russian Federation.
Article 28.4. Institution by a Prosecutor of Legal Proceedings in Cases Concerning Administrative Offences
1. Legal proceedings on cases concerning the administrative offences, envisaged by Articles 5.1, 5.7, 5.21, 5.23-5.25, 5.39, 5.45, 5.46, 5.48, 5.52, 5.58 - 5.63, 7.24, Part 2 of Article 7.31, Articles 12.35, 13.11, 13.14, 13.27, 13.28, by Parts 1 and 2 of Article 14.25, by Article 14.35, Part 1 of Article 15.10, Part 5 of Article 15.27, by Part 3 of Article 19.4, by Articles 19.6.1, 19.9, 19.28, 19.29, 19.32, 20.26, 20.28 and 20.29 of this Code, shall be instituted by a prosecutor. When exercising supervision over the observance of the Constitution of the Russian Federation and over the execution of laws effective in the territory of the Russian Federation, a prosecutor shall be empowered to institute legal proceedings in a case concerning any other administrative offence punishable under this Code or a law of a constituent entity of the Russian Federation.
2. A prosecutor shall issue a decision to institute proceedings in a case concerning an administrative offence which should contain the data provided for by Article 28.2 of this Code. Said decision shall be issued within the term established by Article 28.5 of this Code.
Article 28.5.Term for Drawing up a Record of an Administrative Offence 1. A record of an administrative offence shall be drawn up immediately after detecting the
commission of an administrative offence. 2. Where additional clarification of the circumstances of a case concerning an
administrative offence, or of the data about a natural person , or of the information about the legal entity which are put on trial in connection with the case is required, a record of the administrative offence shall be drawn within 48 hours as of the moment of detecting the administrative offence.
3. In the event of conducting an administrative investigation, a record of an administrative offence shall be drawn up on completion of the investigation under the terms provided for by Article 28.7 of this Code.
Article 28.6. Imposition of an Administrative Penalty without Drawing Up a Record Thereof
1. Where an administrative penalty for commission of an administrative offence by a natural person is imposed in the form of a warning or of an administrative fine, the record of the administrative offence shall not be drawn up, and an authorized official on the scene of committing the administrative offence shall render a ruling in a case concerning an administrative offence on making an administrative punishment in the form of a warning or an administrative fine in the procedure stipulated by Article 29.10 of this Code. A copy of the ruling
in a case concerning an administrative offence shall be handed over under receipt to the person in whose respect it has been rendered and also to the victim at his request.
1.1. Abrogated upon the expiry of ninety days after the day of the official publication of Federal Law No. 225-FZ of July 18, 2011.
2. Where a person, who is put on trial in connection with an administrative offence, disputes the occurrence of the administrative offence and (or) the administrative fine imposed on him, a record of the administrative offence shall be drawn up.
Federal Law No. 69-FZ of April 21, 2011 amended part 3 of Article 28.6 of this Code. The amendments shall enter into force on January 1, 2012
3. In the event of detecting the administrative offence provided for by Chapter 12 of this Code or an administrative offence in respect of land improvement provided for by a law of a constituent entity of the Russian Federation which is made with the use of a transport vehicle and recorded with the use of special automatically operated technical devices which can perform the functions of photography, cinematographic recording or video recording or by photographic, cinematographic and video recording equipment, the record of the administrative offence shall not be drawn up and a decision in respect of the case on the administrative offence shall be rendered without participation of the person with regard to whom administrative proceedings have been initiated and shall be legalized in the procedure provided for by Article 29.10 of this Code. Copies of the decision on an administrative offence and of the materials obtained with the use of special automatically operated technical devices which can perform the functions of photography, cinematographic recording or video recording or by photographic, cinematographic or video recording equipment shall be delivered to the person in respect of whom administrative proceedings have been initiated by registered post within three days as of the date of issuance of the said decision.
Article 28.7. An Administrative Investigation
1. Where, after detecting an administrative offence stipulated by the antimonopoly, patent laws, the legislation on natural monopolies, the laws on advertising, the legislation on joint-stock companies, on the securities market and on investment funds, the legislation on elections and referendums, the legislation on counteracting the legalisation (laundering) of incomes received by way of crime and the financing of terrorism, the legislation on counteracting corruption, the legislation on countering the illegal use of inside information and market manipulation, legislation on narcotic drugs and psychotropic substances and on their precursors, of the legislation on physical education and sport in as much as it concerns the prevention of doping in sports and fight against doping, migration legislation, the currency laws of the Russian Federation and acts of currency regulation bodies, the laws on protecting consumers' rights, on public health care, on copyright and neighbouring rights, on trademarks, service marks and names of the places of the origin of goods, or an administrative offence in the area of taxes and fees, of the population's sanitary-epidemiological safety, customs business, export control, the state regulation of prices (tariffs) of commodities (services), on the fundamentals of regulation of tariffs of public utility organizations in the field of environmental protection, production and sale of ethyl alcohol, of alcohol and alcoholcontaining products, fire safety, industrial safety, road traffic and on transport, insolvency (bankruptcy), placement of orders to supply goods, carry out works and render services for meeting state and municipal needs, an expert examination or other time-consuming procedural actions are carried out, an administrative investigation shall be conducted.
2. A decision to institute proceedings in a case concerning an administrative offence and to conduct an administrative investigation shall be issued by the official, authorised under Article
28.3 of this Code to draw up a record of the administrative offence, in the form of a ruling, and by a prosecutor in the form of a decision, immediately after detecting the fact of committing the administrative offence.
3. A ruling prescribing the institution of proceedings in a case concerning an administrative offence and conducting an administrative investigation shall indicate the date and place of drawing up the ruling, the office, family name and initials of the person who has drawn it up, the cause for instituting proceedings in the case concerning the administrative offence, the data indicating the occurrence of the administrative offence, the Article of this Code or of the law of the subject of the Russian Federation stipulating administrative liability for this administrative offence. Upon the delivery of a ruling on the institution of administrative proceedings and conducting an administrative investigation against a natural person or the legal representative of a juridical person, and also against other participants in administrative proceedings the court shall explain their rights and duties as envisaged by the present Code, whereof a record shall be made in the ruling.
3.1. A copy of the ruling on the institution of administrative proceedings and conducting an administrative investigation shall be served on the natural person during a day against receipt or sent to the legal representative of the juridical person, against whom the ruling was delivered, and also to the victim.
4. An administrative investigation shall be conducted on the scene of committing or at the place of detecting an administrative offence. An administrative investigation of a case of administrative offence commenced by an official empowered to draw up reports on administrative offences shall be conducted by the said official, or by a decision of the head of the body responsible for the proceedings of the case of administrative offence, or a deputy thereof, by another official of this body who is empowered to draw up reports on administrative offences.
5. The period for conducting an administrative investigation may not exceed one month from the moment of initiation of a case on an administrative offence. On extraordinary occasions, the cited time period may be extended on the basis of a request in writing of the official trying a case:
1) by decision of the head of the body that has taken over a case on an administrative offence or by a deputy thereof - by at most one month;
2) by decision of the head of a superior customs authority or of a deputy thereof or by decision of the head of the federal executive power body authorised in respect of customs affairs that has taken over a case on an administrative offence, or of a deputy thereof - by at most six months;
3) by decision of the head of a superior body in respect of cases on violations the Road Traffic Rules or the rules for operation of a transport vehicle which have caused infliction of light or medium-gravity harm to the victim's health - by at most six months.
5.1. The decision on the prolongation of the period for conducting an administrative investigation shall be taken in the form of a ruling. The ruling on the prolongation of the period for conducting an administrative investigation shall indicate the date and place of the drawing up of the ruling, the post, the surname and initials of the person who has drawn up the ruling, the grounds for prolonging the period for conducting the administrative investigation, and the date until which the conduct of the administrative investigation has been prolonged. The ruling on the prolongation of the period for conducting an administrative investigation shall be signed by the head who has rendered it in accordance with Part 5 of this Article or by his deputy.
5.2. A copy of the ruling on prolonging the period for conducting an administrative investigation shall, within twenty-four hours, be handed over against a receipt or shall be sent to the natural person or to the legal representative of the legal entity in whose respect the
administrative investigation is being conducted, and also to the injured person. 6. Upon termination of an administrative investigation a record of the administrative
offence shall be drawn up or a decision to terminate the proceedings in respect of an administrative offence shall be issued.
Article 28.8. Forwarding a Record of (a Decision of a Prosecutor on) an Administrative Offence for Consideration of a Case Concerning an Administrative Offence
1. A record of (a decision of a prosecutor on) an administrative offence shall be forwarded to the judge, body, or official, authorised to try the case concerning the administrative offence, within 72 hours as of the moment of drawing up the record of (drawing up the decision on) the administrative offence.
2. A record (a decision of a prosecutor on) an administrative offence which entails an administrative arrest or the administrative expulsion shall be delivered to a judge for consideration immediately after drawing it up (issuing it).
3. Where a record of an administrative offence is drawn up by an incompetent person, as well as in other instances provided for by Item 4 of Part 1 of Article 29.4 of this Code, drawbacks of the record and of other materials of the case concerning the administrative offence shall be eliminated within a three-day term at most, as of the date of their receipt from the judge, body, or official trying the case concerning the administrative offence. Materials of the case, concerning the administrative offence, with amendments and additions introduced thereto shall be returned to said judge, body or official within 24 hours as of the date of eliminating relevant drawbacks.
4. If a measure aimed at providing for the proceedings on an administrative law offence is applied in the form of a temporary prohibition of the activity, a protocol on the administrative law offence, for the perpetration of which an administrative punishment may be meted out in the form of an administrative suspension of the activity, as well as a protocol on a temporary prohibition of the activity shall be handed in for consideration to the judge, to the body, official authorised to consider a case concerning an administrative offence, immediately after such are compiled.
Article 28.9. Terminating Proceedings in a Case Concerning an Administrative Offence Prior to Transferring the Case for Consideration
1. In the presence of at least one of the circumstances enumerated in Article 24.5 of this Code, a body or official trying a case concerning an administrative offence, shall issue a decision to terminate proceedings on the case concerning the administrative offence subject to the requirements provided for by Article 29.10 of this Code.
2. A ruling on termination of proceedings in a case of an administrative offence on the ground set out in Part 2 of Article 24.5 of the present Code together with all case materials shall be within 24 hours of the issuance of the ruling shall be sent to the military unit, body or institution with which the person who has committed the administrative offence undergoes military service (undergoes service) so that this person be held accountable under disciplinary law.
Chapter 29. Trying a Case Concerning an Administrative Offence
Article 29.1. Preparation for Trying a Case Concerning an Administrative Offence A judge, body, or official, when preparing for consideration of a case concerning an
administrative offence, shall clarify the following issues: 1) whether consideration of this case is within the scope of their jurisdiction; 2) whether there are circumstances precluding the possibility of trying this case by the
judge, member of the collegiate body, or official; 3) whether a record of an administrative offence and other records provided for by this
Code, are drawn up correctly, as well as whether other materials of the case are formalized in the correct way;
4) whether there are circumstances precluding proceedings on the case; 5) whether the materials of the case are sufficient for considering it on its merits; 6) whether there are petitions and challenges.
Article 29.2. Circumstances Precluding the Possibility of Trying a Case Concerning an Administrative Offence by a Judge, Member of a Collegiate Body, or Official
A judge, member of a collegiate body, or official, which has received a case concerning an administrative offence, may not try this case, when this person:
1) is a relative of the individual, who is put on trial in connection with the administrative offence, of the victim, of a lawful representative of a natural person or a legal entity, of a defense counsel or of a representative;
2) is personally, directly or indirectly interested in the outcome of the case.
Article 29.3. Self-Rejection and Challenge of a Judge, Member of a Collegiate Body, or Official
1. In the presence of the circumstances provided for by Article 29.2 of this Code, a judge, or member of a collegiate body, or an official shall be obliged to announce self-rejection. An application for self-rejection shall be filed to the chairman of an appropriate court, or to the head of the collegiate body, or to the superior official.
2. In the presence of the circumstances, provided for by Article 29.2 of this Code, the person who is put on trial in connection with a case concerning an administrative offence, a victim, a lawful representative of a natural person or of a legal entity, a defense counsel, a representative, a prosecutor shall be empowered to challenge the judge, member of a collegiate body, or official.
3. An application for challenge thereof shall be considered by the judge, body, or official trying the case concerning an administrative offence.
4. A ruling, concerning satisfaction of an application for self- rejection or for challenging a judge, member of a collegiate body, or official, as well as concerning the refusal to allow it, shall be issued on the basis of the results of considering such applications.
Article 29.4. A Ruling or a Decision Issued, When Preparing for Consideration of a Case Concerning an Administrative Offence
1. When preparing for consideration of a case concerning an administrative offence, the following questions shall be settled, in respect of which a ruling shall issued, where necessary:
1) about fixing the time and place for trying the case; 2) about summoning the persons indicated in Articles from 25.1 to 25.10 of this Code,
about demanding necessary additional materials on the case, about ordering an expert examination;
3) about postponing consideration of the case; 4) about return of the record of the administrative offence and of other materials of the
case to the body or officials that drew up the protocol, when the record has been drawn up and other materials of the case have been formalized by incompetent persons, or when the record of the administrative offence has been drawn up incorrectly and other materials of the case have
been formalized in the wrong way, or in the event of incompleteness of submitted materials which cannot be completed during consideration of the case;
5) about transfer of a record of an administrative offence and of other materials of the case for consideration in compliance with jurisdiction thereof, if trying the case is not within the scope of jurisdiction of the judge, body, or official which has received the record of the administrative offence and other materials of the case for consideration, or if a ruling to challenge a judge, or the composition of a collegiate body, or an official has been issued.
2. In the presence of the circumstances, provided for by Article 24.5 of this Code, a decision to terminate proceedings on a case concerning an administrative offence shall be issued.
3. Where consideration of a case concerning an administrative offence has been postponed in connection with failure of the persons, indicated in Part 1 of Article 27.15 of this Code, to appear without good reasons and the absence thereof impedes the comprehensive, full, unbiased and timely clarification of the circumstances of the case and disposition thereof in compliance with law, the judge, body, or official trying the case, shall issue a ruling to bring said persons by force.
Article 29.5. Place of Trying a Case Concerning an Administrative Offence 1. A case concerning an administrative offence shall be tried at the place of commission
thereof. A case concerning an administrative offence may be tried at the place of residence of the person, who is put on trial in connection with this case, on the application of this person.
1.1. In circumstances envisaged by an international treaty the case about an administrative offence shall be examined at the place of the detection of the administrative offence if the place of its commitment is the territory of another state.
2. A case concerning an administrative offence, in respect of which an administrative investigation has been conducted, shall be tried at the location of the body which conducted the administrative investigation.
3. Cases concerning administrative offences of minors, as well as concerning the administrative offences provided for by Articles 5.35, 6.10 and 20.22 of this Code, shall be tried at the place of residence of the person who is put on trial in connection with a case concerning such administrative offence.
4. abrogated. Federal Law No. 69-FZ of April 21, 2011 amended part 5 of Article 29.5 of this Code.
The amendments shall enter into force on January 1, 2012 5. A case of the administrative offence envisaged by Chapter 12 of the present Code or
an administrative offence in respect of land improvement provided for by a law of a constituent entity of the Russian Federation which is made with the use of a transport vehicle and recorded by means of special automatic facilities featuring photographic and cine-shooting or video- recording functions or photographic and cine-shooting or video-recording facilities shall be considered at the location of the body which has received the materials obtained through the use of the special automatic facilities featuring photographic and cine-shooting or video- recording functions or photographic and cine-shooting or video-recording facilities.
Article 29.6. Terms for Trying a Case Concerning an Administrative Offence
1. A case concerning an administrative case shall be tried within a fifteen-day term as of the date of receipt by the body, or official authorised to try the case, of the record of the administrative offence and of other materials of the case.
1.1. A case on an administrative offence shall be tried within a two months from the date when a judge legally competent to try the case receives a record of the administrative offence and other case papers.
2. Where there are petitions of participants of proceedings in a case concerning an administrative offence or where it is necessary to additionally clarify the circumstances of the case, the term for trying the case may be extended by the judge, body, or official, trying the case, but for one month at most. The judge, body, or official trying the case shall issue a reasoned ruling to extend said term.
The provisions of Article 29.6 of this Code (in the wording of Federal Law No. 263-FZ of October 4, 2010) shall apply to the legal relations arising in connection with holding elections and referendums appointed after the date of entry into force of the said Federal Law
3. The cases on administrative offences provided for by Articles from 5.1 to 5.25 and from 5.45 to 5.52, 5.56, 5.58 of this Code, shall be tried within a five-day term as of the date of the judge's receiving a record of an administrative offence and other materials of the case. The extension of this term shall not be allowed.
4. A case concerning an administrative offence, the commission of which shall entail administrative arrest, shall be tried on the date of receipt of a record of the administrative offence and of other materials of the case, and a case in respect of a person subjected to administrative detention or the administrative expulsion, shall be tried in 48 hours at most, as of the moment of detention thereof.
5. The case on an administrative law offence, for the perpetration of which an administrative punishment may be meted out in the form of an administrative suspension of the activity and a temporary prohibition of the activity may be applied, shall be considered no later than seven days as from the moment of the actual termination of activity of the affiliates, representations and structural subdivisions of a legal entity as well as of production sectors, and of the running of aggregates, objects, buildings or structures, of the performance of the individual kinds of activity (of works) and of rendering services. The term for a temporary prohibition of the activity shall be included into the term for an administrative suspension of the activity.
Article 29.7. The Procedure for Trying a Case Concerning an Administrative Offence
1. When considering a case concerning an administrative offence: 1) it shall be announced, who is trying the case, which case is subject to consideration,
who and under what law is held administratively responsible;
2) there shall be established the fact of appearance of the natural person, or of a lawful representative of the natural person or of a lawful representative of the legal entity which are put on trial in connection with the case concerning the administrative offence, except as provided for by Part 3 of Article 28.6 of the Code, as well as of other persons participating in proceedings in the case;
3) powers of lawful representatives of the natural person or the legal entity, of the defense counsel and of the representative shall be verified;
4) it shall be ascertained whether participants of proceedings in the case have been notified in the established procedure, and the reasons for failure of other participants in proceedings to appear shall be clarified and a decision to try the case in the absence of said persons or to postpone consideration thereof shall be taken;
5) the rights and duties of the persons participating in proceedings in the case shall be explained to them;
6) objections made and petitions filed shall be considered; 7) a ruling to postpone the consideration of a case shall be issued in the event of: a) receiving an application for self-rejection of, or for challenging, the judge, a member of
the collegiate body, or the official trying the case, where challenge thereof impedes the consideration of the case on its merits;
b) challenging a specialist, an expert or a translator, where said challenge impedes the consideration of the case on its merits;
c) necessity for the person, participating in proceedings on the case, to appear, or necessity of demanding additional materials in respect of the case and for ordering an expert examination;
8) a ruling to bring by force a person, whose presence during the consideration of the case is regarded as obligatory, shall be issued pursuant to Part 3 of Article 29.4 of this Code;
9) a ruling to transfer the case for consideration in compliance with the jurisdiction thereof shall be issued pursuant to Article 29.5 of this Code.
2. If proceedings in a case concerning an administrative offence continue, a record of the administrative offence and, where necessary, other materials of the case shall be announced. Explanations of the natural person or of a lawful representative of the legal entity, which is put on trial in connection with the case concerning the administrative offence, testimonies of other persons participating in proceedings in the case, explanations of a specialist and a report of an expert shall be heard, other evidence shall be examined and an opinion of a prosecutor shall be heard, if he participates in the proceedings on the case.
3. Where necessary, other procedural actions shall be undertaken in compliance with this Code.
Article 29.8. A Record of Proceedings in a Case Concerning an Administrative Offence 1. A record of proceedings in a case concerning an administrative offence shall be drawn
up, where the case is tried by a collegiate body. 2. In a record of proceedings on a case concerning an administrative offence the
following shall be indicated: 1) the date and place of trying the case; 2) the name and composition of the collegiate body trying the case; 3) an occurrence of the administrative offence under consideration; 4) data about the appearance of the persons participating in proceedings in the case and
about notifying those who are absent in the established procedure; 5) challenges, petitions and the results of considering them; 6) explanations, testimonies, explanations and opinions of appropriate persons
participating in proceedings in the case; 7) documents which have been examined, while trying the case. 3. A record of proceedings in a case concerning an administrative offence shall be signed
by the chairman and the secretary of a session of the collegiate body.
Article 29.9. Types of Decisions and Rulings in Respect of a Case Concerning an Administrative Offence
1. According to the results of consideration of a case of an administrative offence a decision may be issued:
1) on the ordering of an administrative penalty; 2) on the termination of proceedings in the case of the administrative offence. 1.1. A decision on the termination of proceedings in a case of an administrative offence
shall be issued if: 1) there exists at least one of the circumstances envisaged by Article 24.5 of the present
Code; 2) an oral reprimand is announced in accordance with Article 2.9 of the present Code; 3) proceedings in the case are terminated and case materials are sent to a prosecutor, a
preliminary investigation body or inquiry body if the actions (omissions) have signs of a crime; 4) a person is relieved of administrative accountability for the administrative offences
envisaged by Articles 6.8, 6.9 and 14.32 of the present Code in accordance with the notes on said Articles.
2. On the basis of the results of trying a case concerning an administrative offence a ruling shall be issued:
1) to deliver the case to the judge, body, or official authorised to impose administrative penalties of other types or amounts, or to take other measures in compliance with the laws of the Russian Federation;
2) to transfer the case for consideration in compliance with the jurisdiction thereof, if it has been clarified that trying this case is not within the jurisdiction of the judge, body, or official which has considered it.
Article 29.10. A Decision with Regard to a Case Concerning an Administrative Offence
1. In a decision with regard to a case concerning an administrative offence the following should be indicated:
1) the office, family name, first name and patronymic of the judge or of the official, the name and composition of the collegiate body which issued the decision, their address;
2) the date and place of considering the case; 3) data about the person who has been put on trial in connection the case; 4) circumstances established during consideration of the case; 5) the article of this Code or of a law of a subject of the Russian Federation which
provides for administrative liability for committing the administrative offence, or the reasons for terminating proceedings on the case;
6) a reasoned exposition of the case; 7) the term and procedure for appealing against the decision. 1.1. In case of importation of an administrative fine, in the decision on a case concerning
an administrative offence, apart from the information indicated in Item 1 of this Article, there must be indicated the information on the recipient of the fine necessary in accordance with the rules for filling in the accounting documents for the transfer of the amount of an administrative fine.
2. Where a judge is to impose an administrative penalty simultaneously with settling the question of reimbursement for property damage, in a decision with regard to a case concerning an administrative offence the amount of damage subject to reimbursement and the terms and procedure therefor shall be indicated.
If the judge inflicts an administrative punishment in the form of an administrative suspension of the activity, the issue of measures shall be resolved, necessary to provide for the execution of the given administrative punishment and amounting to the prohibition of the activity of the persons engaged in business activity without creating a legal entity, of legal entities, of their affiliates, representations and structural subdivisions, of production sectors, as well as of the running of aggregates, objects, buildings or structures, of the performance of the individual kinds of activity (of works) and of rendering services, and if an administrative suspension of the activity is imposed by way of administrative punishment for violating the legislation of the
Russian Federation on the counteraction to legalising (laundering) incomes derived illegally, and to financing terrorism, the issue of measures necessary for the suspension of transactions on the accounts shall also be resolved.
When rendering a ruling on a case concerning an administrative offence, the judge shall decide the issue of returning the pledge for the arrested vessel to the pledger or of recovering the pledge for the arrested vessel into the revenue of the state, which shall be mentioned in the ruling on the case concerning the administrative offence.
When an order is issued in the case of an administrative offence in respect of a foreign citizen or stateless person the judge shall take a decision on the placement of the foreign citizen or stateless person in a special institution if the judge orders an administrative penalty for such persons in the form of enforced expulsion from the Russian Federation.
3. A decision with regard to a case concerning an administrative offence should settle the questions in respect of the articles and documents which have been seized, in respect of articles which have been placed under arrest, if an administrative penalty in the form of confiscation, and also on depositing a pledge for the arrested vessel has not been imposed and may not be imposed in respect of them. In so doing:
1) articles and documents, which are not withdrawn from circulation, shall be subject to return to the lawful owner thereof or shall be transferred to state ownership in compliance with the laws of the Russian Federation, when the owner thereof is not established;
2) articles and documents withdrawn from circulation shall be subject to transfer to appropriate organisations, or to destruction;
3) documents being material evidence shall remain in the case file for the whole term of keeping the case file or shall be transferred to persons concerned;
4) seized orders, medals and badges of honorary titles of the Russian Federation, the RSFSR and the USSR shall be subject to return to lawful owners thereof, or shall be delivered to the Administration of the President of the Russian Federation, when the owner thereof is not known.
4. A decision with regard to a case concerning an administrative offence, issued by a collegiate body, shall be adopted by a simple majority of votes cast by the members of the collegiate body who are present at the session thereof.
5. A decision with regard to a case concerning an administrative offence shall be signed by the judge presiding over the session of the collegiate body, or by the official who issued the decision.
6. In the cases envisaged by Part 3 of Article 28.6 of the present Code a decision concerning a case of administrative offence together with materials obtained through the use of special automatic facilities featuring photographic and cine-shooting or video-recording functions or photographic and cine-shooting or video-recording facilities shall be drawn up in the form of an electronic document whose legal effect is confirmed by an electronic digital signature according to the legislation of the Russian Federation.
7. A copy of the decision concerning the case of administrative offence together with the materials obtained through the use of special automatic facilities featuring photographic and cine-shooting or video-recording functions or photographic and cine-shooting or video-recording facilities shall be prepared by means of translating the electronic document into a paper-medium document.
Article 29.11. Announcement of a Decision with Regard to a Case Concerning an Administrative Offence
1. A judgement in the case of an administrative offence shall be announced immediately upon the completion of the case hearing. In exceptional cases by a decision of the person (body) hearing the case of the administrative offence the preparation of a substantiated judgement may be postponed by up to three days after the termination of the case hearing, except for cases of the administrative offences mentioned in Parts 3-5 of Article 29.6 of the present Code, and in this case the resolution part of the judgement shall be announced immediately upon the completion of the case hearing. The day on which the judgement is prepared in full shall be deemed the date of the judgement.
2. A copy of a decision with regard to a case concerning an administrative offence shall be handed in against a receipt to the natural person or to a lawful representative of the natural person, or lawful representative of the legal entity, in respect of which it has been issued, as well as to the victim at the request thereof, or shall be sent to said persons by registered post within three days as of the date of issuing said decision.
A copy of the decision passed by the judge on a case concerning an administrative law offence, shall be forwarded to the official person, who has compiled a protocol on the administrative law offence, within three days as from the day of passing the above-said decision.
3. For the cases concerning the administrative offences provided for by Articles 20.8, 20.9 and 20.12 of this Code, a copy of a decision to impose a penalty on a person, to whom firearms and ammunition (cartridges) thereto have been committed in connection with discharge of their official duties or have been transferred by an organisation for temporary use, shall be sent to the appropriate organisation.
Article 29.12. A Ruling with Regard to a Case Concerning an Administrative Offence 1. In a ruling with regard to a case concerning an administrative offence there the
following shall be indicated: 1) office, family name and initials of the judge and the official, the name and composition
of the collegiate body, which issued the ruling; 2) date and place of considering an application, petition and materials of the case; 3) data about the person, who has filed an application or petition, or in respect of whom
the materials of the case have been considered; 4) the contents of an application or petition; 5) the circumstances established while considering an application, petition or materials of
the case; 6) a decision taken on the basis of the results of considering the application, decision and
materials of the case. 2. A ruling with regard to a case, concerning an administrative offence, which has been
issued by a collegiate body, shall be adopted by a simple majority of votes of the members of the collegiate body present at the session thereof.
3. A ruling with regard to a case concerning an administrative offence shall be signed by the judge presiding over the session of the collegiate body, or by the official who issued the ruling.
Article 29.12.1. Correction of Lapses, Misprints and Arithmetic Errors 1. The judge, body or official that has rendered a decision or ruling in respect of a case
on an administrative offence is entitled on the basis of an application filed by the persons cited in Articles 25.1-25.5 and 25.11 of this Code, the bailiff, body or official executing the decision or ruling on the case on the administrative offence or on their own initiative to correct lapses,
misprints and arithmetic errors therein without changing the decision or ruling. 2. Lapses, misprints and arithmetic errors shall be corrected in the injunction or decision
adopted on the basis of the results of considering complaints or protests against the injunction or decision on a case on an administrative offence in the procedure established by this article.
3. A lapse, misprint and arithmetic error shall be corrected in form of a ruling. 4. A copy of the ruling on the corrections made in the injunction or ruling on a case on an
administrative offence, a copy of the ruling on the corrections made in the injunction or decision adopted on the basis of the results of considering complaints and protests against the injunction or decision on a case on an administrative offence shall be forwarded within three days as from the date of rendering the appropriate ruling to the persons cited in Articles 25.1-25.5 and 25.11 of this Code, to the bailiff, body or official executing the decision or ruling on the case on the administrative offence, should they file an appropriate application.
5. A copy of the ruling on the corrections made in the decision on an administrative offence adopted by a judge shall be forwarded to the official who has drawn up a record of the administrative offence within three days as from the date when the appropriate ruling is issued.
Article 29.13. A Statement in Respect of the Elimination of Reasons and Conditions Conducive to the Commission of an Administrative Offence
1. A judge, or a body, or an official trying a case concerning an administrative offence, in the event of finding reasons and conditions conducive to the commission of the administrative offence, shall submit to appropriate organisations and officials a statement in respect of taking measures to eliminate said reasons and conditions.
2. The organisations and officials shall be obliged to consider a statement on eliminating reasons and conditions conducive to the commission of an administrative offence within a month, as of the date of receipt thereof, and to inform the judge, body, or officials who issued the statement, about measures taken.
Chapter 29.1. Legal Aid in Respect of Cases on Administrative Offences
Article 29.1.1. Forwarding a Request for Legal Aid 1. If it is necessary to make in the territory of a foreign state the procedural actions
provided for by this Code, the official carrying out proceedings on a case on an administrative offence shall forward a request for legal aid to an appropriate official or body of the foreign state in compliance with an international treaty made by the Russian Federation or on a reciprocal basis, which is supposed until proved otherwise.
2. A request for legal aid in respect of cases on administrative offences shall be forwarded through the following:
1) the Supreme Court of the Russian Federation - as regards the matters related to judicial activities of the Supreme Court of the Russian Federation;
2) the Higher Arbitration Court of the Russian Federation - as regards the matters related to judicial activities of arbitration courts of the Russian Federation;
3) the Ministry of Justice of the Russian Federation - as regards the matters related to judicial activities of courts, except as cited in Items 1 and 2 of this part;
4) the Ministry of Internal Affairs of the Russian Federation, the Federal Security Service of the Russian Federation, the Federal Service for Control over Traffic of Narcotics - as regards procedural actions related to the matters concerning their administrative activities;
5) the body authorized in compliance with an international treaty on rendering legal aid made by the Russian Federation to forward and receive requests connected with execution of
an appropriate international treaty; 6) the Office of the Prosecutor General of the Russian Federation - as regards all other
instances. 3. A request for legal aid in respect of cases on administrative offences and the
documents attached thereto shall be accompanied by an attested translation thereof into the official language of the state whereto the request is to be forwarded, if not otherwise provided for by an international treaty made by the Russian Federation.
Article 29.1.2. The Content and Form of a Request for Legal Aid A request for legal aid in respect cases on administrative offences shall be drawn up in
writing, signed by the official forwarding it, certified by the official stamp of an appropriate body and shall contain the following:
1) denomination of the body forwarding the request for legal aid; 2) denomination and location of the body whereto the request for legal aid is forwarded; 3) denomination of the case on an administrative offence and the nature of the request
for legal aid; 4) data on the persons in respect of whom the request for legal aid is forwarded,
including data on the date and place of their birth, citizenship, occupation, place of residence or place of stay, and in respect of legal entities their denomination and location;
5) description of the circumstances to be clarified, as well as a list of requested documents, material and other kinds of evidence;
6) data on the fact of the committed administrative offence, its qualification, the text of the appropriate article of this Code and, where necessary, also data on the extent of harm caused by this offence.
Article 29.1.3. The Legal Force of Evidence Obtained in the Territory of a Foreign State Evidence obtained in the territory of a foreign state by officials thereof in the course of
executing by them a request for legal aid in respect of cases on administrative offences or forwarded to the Russian Federation as the enclosure to the instructions to carry out administrative prosecution in compliance with international treaties made by the Russian Federation or on the reciprocal basis, attested and transferred in the established procedure, shall have the same legal force as if they were obtained in the territory of the Russian Federation in compliance with the requirements of this Code.
Article 29.1.4. Summoning a Witness, Complainant, Their Representatives or Expert Who Are Staying Outside the Territory of the Russian Federation
1. A witness, complainant, their representatives or an expert staying outside the territory of the Russian Federation may be summoned with their consent by the official who has taken over the case on an administrative offence for making procedural actions in the territory of the Russian Federation.
2. A request for such summoning shall be forwarded in the procedure established by Part 2 of Article 29.1.1 of this Code.
3. Procedural actions with participation of the persons cited in Part 1 of this article who have appeared as a result of their summoning shall be made in the procedure established by this Code.
4. The persons cited in Part 1 of this article who have appeared as a result of their summoning may not be brought to responsibility in the territory of the Russian Federation as accused persons, taken into custody or subjected to any other kind of limitation of their personal liberty for the deeds or on the basis of sentences that had taken place before crossing by them the State Border of the Russian Federation. The operation of such guarantee shall be
terminated, if a person who has appeared as a result of summoning thereof and is free to leave the territory of the Russian Federation before the expiry of the unbroken 15-day period from the time when this person was officially notified that his/her presence was no longer necessary for the official who had summoned him/her keeps staying in this territory or after his/her departure returns to the Russian Federation.
5. A person who is held in custody in the territory of a foreign state shall be summoned in the procedure established by this article on condition that this person is temporarily delivered into the territory of the Russian Federation by a competent authority or by an official of the foreign state for making the actions cited in the request for summoning thereof. Such person shall be kept in custody within the whole time period of his/her stay in the territory of the Russian Federation, and, in so ding, as the ground for keeping him/her in custody shall serve the appropriate decision of the foreign state's competent authority. This person must be returned into the territory of the appropriate foreign state at the time cited in the answer to the request for summoning thereof. The terms of transfer or of its denial shall be defined by international treaties made by the Russian Federation or by obligations in writing to interact on the reciprocal basis.
Article 29.1.5. The Execution in the Russian Federation of a Request for Legal Aid 1. A court and officials of federal executive power bodies shall execute the requests for
legal aid in respect of cases on administrative offences delivered to them in the established procedure which have come from appropriate competent authorities and officials of foreign states in compliance with international treaties made by the Russian Federation or on the basis of reciprocity which is implied, if not proved otherwise.
2. When executing a request for legal aid, the rules of this Code shall apply. If a request applies for using procedural rules of the legislation of a foreign state, the official executing the request shall apply the legislation of this foreign state, provided that its application is not at variance with the legislation of the Russian Federation and is feasible.
3. Representatives of a foreign state may attend execution of a request for legal aid, if it is provided for by international treaties made by the Russian Federation or by obligations in writing on interaction on the basis of reciprocity.
4. If a request for legal aid cannot be executed in full or in some part of it, the received documents shall be returned citing the reasons impeding its execution through the authority that has received it or through diplomatic channels to the same competent authority of a foreign state that has forwarded the request.
5. A request for legal aid shall be returned in full or in some part thereof, if: 1) it contradicts in full or in some part thereof to the legislation of the Russian Federation
or the international treaty of the Russian Federation under which it has been forwarded; 2) the request's execution in full or in some part thereof can do harm to the sovereignty
or security of the Russian Federation; 3) similar requests of the state bodies of the Russian Federation are not executed in the
foreign state on the basis of reciprocity.
Article 29.1.6. Forwarding Materials of a Case on an Administrative Offence for Carrying Out Administrative Prosecution
In the event of making an administrative offence in the territory of the Russian Federation by a foreign legal entity or by a foreign citizen that afterwards happened to be outside it and if it is impossible to make procedural actions with the participation thereof in the territory of the Russian Federation, all the materials of the case that has been initiated and is being investigated shall be transferred to the Office of the Prosecutor General of the Russian Federation for it to resolve the issue of their forwarding to the competent authorities of the
foreign state for carrying out administrative prosecution.
Article 29.1.7. Execution of a Request for Carrying Our Administrative Prosecution or for Initiation of a Case on an Administrative Offence in the Territory of the Russian Federation
A request of a competent authority of a foreign state for carrying out administrative prosecution in respect of a citizen of the Russian Federation who has committed an administrative offence in the territory of the foreign state and returned to the Russian Federation or in respect of a Russian legal entity that has committed an administrative offence outside the territory of the Russian Federation shall be considered by the Office of the Prosecutor General of the Russian Federation. Proceedings in respect of a case on an administrative offence and its consideration in such instances shall be carried out in the procedure established by this Code.
Chapter 30. Review of Decisions in Cases Concerning Administrative Offences
Article 30.1. Right to Appeal against a Decision in a Case Concerning an Administrative Offence
1. The persons, specified in Articles from 25.1 to 25.5 of this Code, may appeal against a decision in a case concerning an administrative offence:
1) to a superior court, when it is rendered by a judge;
2) passed by the collegiate body - to the district court at their location; 3) to a superior body, a superior official or a district court at the place of trying the case,
when it is issued by an official; 4) to a district court at the place of trying the case, when it is issued by any other body
established in compliance with a law of a subject of the Russian Federation.
1.1. Appeal from a judgement on a case of an administrative offence issued by a judge may also be taken to a higher court by the official authorised incompliance with Article 28.3 of this Code to draw up a record of an administrative offence.
2. When an appeal against a decision in a case concerning an administrative offence was received at a court, superior body, or by a superior official, the appeal shall be considered by a court.
On the basis of the results of considering the appeal a decision shall be issued in this respect.
3. A decision in a case concerning an administrative offence, committed by a legal entity or by a person engaged in business activity without forming a legal entity, shall be appealed to an arbitration court in compliance with the laws on arbitration procedure.
4. A ruling to refuse the initiation of proceedings in a case concerning an administrative offence shall be appealed against in compliance with the rules established by this Chapter.
Article 30.2. The Procedure for Filing an Appeal against a Decision with Regard to a Case Concerning an Administrative Offence
1. An appeal against a decision with regard to a case concerning an administrative offence shall be filed to a judge, body, or official which issued the decision with regard to the case and which shall be obliged within three days, as of the date of receipt of the appeal, to send it together with all the materials of the case to the appropriate court, superior body or
superior official. 2. An appeal against a decision of a judge to impose an administrative penalty or the
administrative expulsion in the form of administrative arrest shall be subject to submission to a superior court on the day of the appeal's receipt.
3. An appeal may be submitted directly to the court, or to the superior body, or to the superior official which is authorised to consider it.
4. Where consideration of an appeal does not fall within the jurisdiction of the judge or of the official, with whom a decision with regard to a case concerning an administrative offence has been appealed, the appeal shall be submitted for consideration in compliance with the jurisdiction thereof within three days.
5. An appeal against a decision with regard to a case concerning an administrative offence shall be exempted from state duty.
6. A complaint filed against the judge's decision on meting out an administrative punishment in the form of an administrative suspension of the activity shall be directed to a higher court as on the day of receiving this complaint.
Article 30.3. Term for Appealing against a Decision with Regard to a Case Concerning an Administrative Offence
1. An appeal against a decision with regard to a case concerning an administrative offence may be submitted within ten days, as of the date of delivery or receipt of a copy of the decision.
2. In the event of missing the term provided for by Part 1 of this Article, said term, on the petition of the person who has filed the appeal, may be restored by the judge or by the official authorised to consider the appeal.
The provisions of Article 30.3 of this Code (in the wording of Federal Law No. 263-FZ of October 4, 2010) shall apply to the legal relations arising in connection with holding elections and referendums appointed after the date of entry into force of the said Federal Law
3. Appeals against decisions on cases concerning the administrative offences provided for by Articles from 5.1 to 5.25, from 5.45 to 5.52, 5.56, 5.58 of this Code may be filed within a five-day term as of the date of delivery or receipt of these decisions' copies.
4. A ruling shall be issued in the case of the rejection of a petition for restoration of the term for appeal against a decision with regard to a case concerning an administrative offence.
Article 30.4. Preparing for Consideration of an Appeal against a Decision with Regard to a Case Concerning an Administrative Offence
When preparing for consideration of an appeal against a decision with regard to a case concerning an administrative offence, a judge or an official shall do the following:
1) shall clarify, whether there are circumstances precluding the possibility of considering the appeal by this judge or official, as well as whether there are circumstances precluding proceedings on the case;
2) shall allow petitions, order an expert examination, where necessary, demand and obtain additional materials, summon the persons whose participation in consideration of the appeal is regarded as necessary;
3) shall submit the appeal together with all the materials of the case for consideration in compliance with its jurisdiction, when consideration thereof does not fall within the jurisdiction of this judge or official.
Article 30.5. Terms for Considering an Appeal against a Decision with Regard to a Case
Concerning an Administrative Offence
1. An appeal against a decision with regard to a case concerning an administrative offence shall be subject to consideration within a ten-day term, from the date of receipt thereof with all the materials of the case at the body, or by the official, which is authorised to consider the appeal.
1.1. A complaint against the decision on an administrative offence shall be subject to consideration within two months from the date when it is received together with all case papers by the court legally competent to consider the complaint.
The provisions of Article 30.5 of this Code (in the wording of Federal Law No. 263-FZ of October 4, 2010) shall apply to the legal relations arising in connection with holding elections and referendums appointed after the date of entry into force of the said Federal Law
2. Appeals against decisions on cases on the administrative offences provided for by Articles from 5.1 to 5.25, from 5.45 to 5.52, 5.56, 5.58 of this Code shall be tried within a five- day term as of the date of their receipt by a court authorised to try the appeals together with all materials.
3. An appeal against a decision about an administrative arrest or the administrative expulsion shall be subject to consideration within 24 hours, as of the moment of filing the appeal, if the person, brought to administrative responsibility, is under administrative arrest or shall be subjected to the administrative expulsion.
4. A complaint against the decision on meting out an administrative punishment in the form of an administrative suspension of the activity shall be considered within five days as from the day of its arrival with all materials to a higher court authorised to examine the corresponding complaint.
Article 30.6. Considering an Appeal against a Decision with Regard to a Case Concerning an Administrative Offence
1. An appeal against a decision with regard to a case concerning an administrative offence shall be considered by a single judge or official.
2. When considering an appeal against a decision with regard to a case concerning an administrative offence:
1) it shall be announced who is considering the appeal, what appeal is subject to consideration, and who has filed the appeal;
2) the appearance of the natural person, of a lawful representative of the natural person, or of a lawful representative of the legal entity, in respect of which a decision with regard to the case has been issued, as well as the appearance of the persons, who have been summoned for participation in the consideration thereof, shall be ascertained;
3) the powers of lawful representatives of the natural person or of the legal entity, of a defense counsel and a representative shall be verified;
4) the reasons for failure of participants of proceedings in the case to appear shall be clarified, and a decision shall be taken to consider the appeal in the absence of said persons or to postpone consideration thereof;
5) the rights and duties of the persons, participating in the consideration of the appeal, shall be explained;
6) decisions regarding challenges and petitions made shall be taken; 7) the appeal against the decision with regard to the case concerning the administrative
offence shall be announced;
8) the lawfulness and substantiation of the decision issued shall be verified on the basis of the materials of the case, including those additionally submitted, in particular, explanations of the natural person or of a legal representative of the legal entity, in respect of which the decision with regard to the case concerning the administrative offence, has been issued shall be heard; where necessary, testimonies of other persons participating in the consideration of the case, explanations of a specialist and an opinion of an expert shall be heard, other evidence shall be examined and other procedural actions shall be committed, in compliance with this Code;
9) if a prosecutor participates in the consideration of the case, his opinion shall be heard. 3. The judge and the superior official shall not be bound by the arguments of the appeal
and shall verify the case in full.
Article 30.7. A Determination in Respect of an Appeal against a Decision with Regard to a Case Concerning an Administrative Offence
1. On the basis of the results of considering an appeal against a decision with regard to a case concerning an administrative offence one of the following determinations shall be issued:
1) to leave the decision unchanged and not to satisfy the appeal; 2) to modify the decision, if it does not aggravate an administrative penalty and does not
deteriorate in some other way the position of the person, in respect of whom the decision has been rendered;
3) to reverse the decision and to terminate proceedings on the case in the presence of at least one of the circumstances provided for by Articles 2.9 and 24.5 of this Code, as well as when the circumstances, which have served as a basis for rendering the decision, are not proved;
4) to reverse the decision and to return the case for a new trial to the judge, body, or official authorised to try the case, where there are considerable failures to meet the procedural requirements provided for by this Code, if they have impeded the comprehensive, full and unbiased consideration of the case, as well as in connection with the necessity to enforce a law on an administrative offence that entails the imposition of a stricter penalty, if the victim has appealed against the mildness of the imposed administrative penalty;
5) to reverse the decision and to direct it for consideration in compliance with jurisdiction thereof, if it was established during consideration of the appeal that the decision had been rendered by a judge, body, or official which is not authorised to do so.
2. A determination, taken on the basis of the results of considering an appeal against a decision with regard to a case concerning an administrative offence, should contain the data provided for by Part 1 of Article 29.10 of 3 this Code.
3. Where it has been clarified during consideration of an appeal against a decision concerning an administrative offence that consideration thereof does not fall within the jurisdiction of the given judge or given official, a ruling shall be issued to transfer the appeal for consideration in compliance with the jurisdiction thereof.
Article 30.8. Announcement of a Determination Rendered in Respect of an Appeal against a Decision in a Case Concerning an Administrative Offence
1. A determination in respect of an appeal against a decision in a case concerning an administrative offence shall be announced immediately after its rendering.
2. A copy of a determination in respect of an appeal against a decision in a case concerning an administrative offence, shall within three days of its rendering, be handed in or sent to the natural person or to a lawful representative of the legal entity, in respect of which the decision with regard to the case has been rendered, as well as to the victim, if the victim has lodged the appeal, or to a prosecutor at his request.
3. A determination in respect of an appeal against a decision about administrative arrest
or the administrative expulsion shall be brought to the knowledge of the body or the official which is to carry out the decision, as well as to the knowledge of the person, in respect of whom the determination has been rendered, and of the victim, on the day of rendering it.
Article 30.9. Review of a Determination in Respect of an Appeal against a Decision in a Case Concerning an Administrative Offence
1. A decision with regard to a case concerning an administrative offence, rendered by an official, and (or) a determination of a superior official in respect of an appeal against this decision may be appealed at a court at the place of considering the appeal and then at a superior court.
2. A decision with regard to a case concerning an administrative offence, which has been rendered by a collegiate body or by a body established in compliance with a law of a subject of the Russian Federation and (or) a determination of a judge in respect of an appeal against this decision, may be appealed at a superior court.
3. Submission of further appeals against a decision with regard to a case concerning an administrative offence and (or) against a determination in respect of an appeal against this decision, as well as consideration and settlement thereof, shall be carried out in the procedure and within the terms established by Articles from 30.2 to 30.8 of this Code.
4. Copies of decisions shall be directed to the persons indicated in Article 30.8 of this Code within a three-day term as of the date of rendering the decisions.
5. Apart from the persons mentioned in Part 1 of Article 30.1 of this Code an appeal may be made against court decision on a complaint in respect of a decision issued by an official concerning a case of an administrative offence by the official who has issued the decision.
Article 30.10. Lodging a Protest against an Ineffective Decision in a Case Concerning an Administrative Offence and against Further Decisions
1. A prosecutor, in the procedure and within the terms, established established by Articles 30.1, 30.2, parts 1 and 3 of Article 30.3 of this Code, may protest against an ineffective decision with regard to a case concerning an administrative offence and (or) against further decisions of superior instances in respect of appeals against this decision.
2. A protest of a prosecutor against a decision with regard to a case concerning an administrative offence and (or) against further decisions in respect of appeals against this decision shall be considered in the procedure and within the terms established by Articles from 30.4 to 30.8 of this Code.
3. A copy of a determination in respect of a protest of a prosecutor against a decision in a case concerning an administrative offence shall be directed to the prosecutor who lodged the protest, and to the persons, indicated in Articles from 25.1 to 25.5 of this Code, within a three- day term after rendering it.
Article 30.11. Abrogated. Article 30.12. The Right to Appeal or Protest in the Exercise of Supervisory Powers
against a Decision in Respect of a Case on an Administrative Offence and against Effective Decisions Taken on the Basis of the Results of Consideration of Appeals or Protests
1. An effective decision in respect of a case on an administrative offence or effective decisions taken on the basis of the results of consideration of appeals or protests may be appealed against in the exercise of supervisory powers by the persons cited in Articles 25.1- 25.5 of this Code.
2. An effective decision in respect of a case on an administrative offence or effective
decisions taken on the basis of the results of consideration of appeals or protests may be appealed against by a prosecutor in the exercise of supervisory powers.
3. The right to lodge a protest in the exercise of supervisory powers shall be vested with prosecutors of constituent entities of the Russian Federation and deputies thereof, with the Procurator General of the Russian Federation and deputies thereof, as well as - as regards military servicemen and citizens called for refresher military training - with prosecutors of military circuits, fleets and with prosecutors equated to them, as well as with the Chief Military Prosecutor and with deputies thereof.
4. Appeal in line of supervision may be taken from the decision that has become final on the results of consideration of a complaint or protest in respect of a judgement in the case of an administrative offence by the official that has issued the judgement.
Article 30.13. Courts Authorised to Consider in the Exercise of Supervisory Powers Appeals and Protests against a Decision in Respect of a Case on an Administrative Offence and Decisions Taken on the Basis of the Results of Consideration of Appeals and Protests
1. Appeals shall be filed and protests shall be lodged in the exercise of supervisory powers with supreme courts of republics, territorial and regional courts, courts of the cities of Moscow and Saint-Petersburg, courts of autonomous regions and autonomous areas, as well as with the Supreme Court of the Russian Federation.
2. Chairmen of supreme courts of republics, territorial and regional courts, courts of the cities of Moscow and Saint-Petersburg, courts of autonomous regions and autonomous areas, as well as the Chairman of the Supreme Court of the Russian Federation, deputies thereof or on the instructions of the Chairman of the Supreme Court of the Russian Federation or of deputies thereof a judge of the Supreme Court of the Russian Federation are authorized to review in the exercise of supervisory powers an effective decision in respect of a case on an administrative offence and effective decisions based on the results of consideration of appeals and protests.
3. The Supreme Court of the Russian Federation shall consider in the exercise of supervisory powers appeals and protests against an effective court decision in respect of a case on an administrative offence and effective decisions based on the results of consideration of appeals and protests against the said decision. The cited court decision and decisions shall be considered by the Supreme Court of the Russian Federation if they have been considered in the exercise of supervisory powers by chairmen of appropriate supreme courts of republics, territorial and regional courts, courts of the cities of Moscow and Saint-Petersburg, courts of autonomous regions and autonomous areas or deputies thereof.
4. An effective decision in respect of a case on an administrative offence and effective decisions based on the results of consideration of appeals and protests (recommendations) shall be reviewed in the exercise of supervisory powers by the Higher Arbitration Court of the Russian Federation in compliance with the arbitration procedural legislation.
5. An effective decision of a judge of a garrison military court in respect of a case on an administrative offence and effective decisions based on the results of consideration of appeals and protests shall be reviewed in the exercise of supervisory powers by circuit (fleet) military courts and the Military Collegium of the Supreme Court of the Russian Federation in compliance with the legislation on military courts.
Article 30.14. Filing an Appeal and Lodging a Protest in the Exercise of Supervisory Powers
1. An appeal shall be filed and a protest shall be lodged in the exercise of supervisory
powers directly with a court of the supervisory instance. 2. An appeal or protest against an effective decision in respect of a case on an
administrative offence or an effective decision based on the results of consideration of appeals and protests shall contain the following:
1) denomination of the court with which the appeal is to be filed or the protest is to be lodged;
2) data on the person that has filed the complaint and on the prosecutor who has lodged the protest;
3) data on other participants of proceedings in respect of the case on the administrative offence;
4) an indication of the decision in respect of the case on the administrative offence and of the decisions based on the results of consideration of appeals and protests;
5) arguments of the person that filed the appeal or of the prosecutor who lodged the protest citing the reasons for reviewing in the exercise of supervisory powers the decision in respect of the case on the administrative offence and of the decisions based on the results of consideration of appeals and protests;
6) list of the materials attached to the appeal or protest; 7) signature of the person who filed the appeal or of the prosecutor who lodged the
protest. 3. The following shall be attached to an appeal or protest: 1) a copy of the decision in respect of the case on the administrative offence; 2) copies of decisions based on the results of considering appeals and protests if such
decisions have been rendered; 3) a copy of the document certifying the authority of a legal representative of a natural
person or of a legal entity, a copy of the power of attorney or the order issued by an appropriate bar association certifying the authority of a defence council or a representative, if the appeal is signed by the said persons;
4) copies of the appeal or protest whose number is equal to that of the other participants in proceedings in respect of the case on the administrative offence cited in Articles 25.1-25.4 and 25.11 of this Code.
Article 30.15. Taking Over an Appeal or Protest in the Exercise of Supervisory Powers 1. A judge shall issue a ruling in respect of taking over an appeal or protest in the
exercise of supervisory powers. 2. The judge who has taken over an appeal or protest in the exercise of supervisory
powers is obliged to notify the person in respect of which administrative proceedings have been initiated, as well as the victim, of filing the appeal or lodging the protest and to provide the said persons with an opportunity to get familiar with the appeal or protest and also to file objections against them.
3. Where an appeal is filed or a protect is lodged in defiance of the requirements provided for by Article 30.14 and Part 4 of Article 30.16 of this Code, the said appeal or protest shall be returned to the person that filed the appeal or to the prosecutor who lodged the protest.
Article 30.16. The Scope and Time of Considering an Appeal or Protest in the Exercise of Supervisory Powers
1. On the basis of an appeal or protest taken over in the exercise of supervisory powers, a decision in respect of a case on an administrative offence or decisions based on the results of consideration of appeals and protests shall be verified proceeding from the arguments stated in the appeal or complaint and the objections contained in an opinion in respect of the appeal or protest.
2. The judge who has taken over an appeal or protest in the exercise of supervisory powers is entitled in the interests of law and order to verify a case on an administrative offence in full.
3. A decision in respect of an appeal or protest shall be rendered at the latest in two months as of the date when the appeal or protest is received by court or, in the event of evoking a case on an administrative offence, at the latest in one month as of the date when the case is received by court.
4. Repeated filing of appeals or lodging of complaints in the exercise of supervisory powers for the same reasons with the court that previously considered a decision in respect of a case on an administrative offence or decisions based on the results of considering appeals or protests are not allowable.
Article 30.17. Kinds of Decision Adopted on the Basis of the Results of Considering an Appeal or Protest in the Exercise of Supervisory Powers
1. Decisions based on the results of considering an appeal or protest in the exercise of supervisory powers shall be taken in the form of an injunction.
2. One of the following decisions shall be rendered on the basis of the results of considering an appeal or protest in the exercise of supervisory powers:
1) to leave the injunction in respect of a case on an administrative offence or decisions based on the results of considering an appeal or protest unchanged and an appeal or protest considered in the exercise of supervisory powers unsatisfied;
2) to amend the injunction in respect of a case on an administrative offence or decisions based on the results of considering an appeal or protest, if the violations of this Code and/or of the law of a constituent entity of the Russian Federation on administrative offences which have been made may be eliminated without returning the case for investigation anew and this does not make an administrative penalty harder or does not deteriorate in any other way the status of the person in respect of which the said decision or decision has been issued;
3) to reverse the injunction in respect of a case on an administrative offence or a decision based on the results of consideration of an appeal or protest and to return the case for consideration anew where there is a major failure to satisfy the procedural requirements provided for by this Code, if it has made a comprehensive, full and unbiased consideration of the case impossible;
4) to reverse the injunction in respect of the case on an administrative offence or the decision based on the results of consideration of an appeal or protest and to terminate proceedings in respect of the case where there is at least one the circumstances provided for by Articles 2.9 and 24.5 of this Code, as well as where it is impossible to prove the circumstances serving as the basis for issuing the said injunction or decision.
Article 30.18. The Content of the Injunction Rendered on the Basis of Consideration of an Appeal or Protest in the Exercise of Supervisory Powers
1. The following shall be cited in the injunction issued on the basis of the results of considering an appeal or protest in the exercise of supervisory powers:
1) denomination of the court of the supervisory instance; 2) case number, date and place of the injunction's issuance; 3) surname and initials of the judge of the court of the supervisory instance; 4) name of the person that filed the appeal or the prosecutor who lodged the protest; 5) indication of the injunction in respect of the case on the administrative offence or of the
decision based on the results of considering appeals or protests which are appealed or protested against;
6) a brief description of the injunction in respect of the case on the administrative offence
or of the decision based on the results of considering appeals or protests which are appealed or protested against;
7) arguments and requirements contained in the appeal or protest; 8) objections contained in an opinion in respect of the appeal or protest; 9) reasons and grounds for leaving unchanged, changing or reversing in the exercise of
supervisory powers the injunction in respect of the case on the administrative offence or the decision based on the results of consideration of appeals and protests, with references made to articles of this Code and/or the law of a constituent entity of the Russian Federation on administrative offences;
10) decision based on the results of considering the appeal or protest in the exercise of supervisory powers.
2. The injunction cited in Part 1 of this Article shall be signed by the judge who issued it.
Article 30.19. Entry into Legal Force of an Injunction Based on the Results of Considering an Appeal or Protest in the Exercise of Supervisory Powers
An injunction adopted on the basis of the results of consideration of an appeal or protest in the exercise of supervisory powers shall enter into effect as of the date it is adopted.
Section V. Execution of Decisions with Regard to a Case Concerning an Administrative Offence
Chapter 31. General Provisions
Article 31.1 Entry into Legal Force of a Decision in a Case Concerning an Administrative Offence
A decision with regard to a case concerning an administrative offence shall enter into legal force:
1) upon the expiry of the term established for appealing against a decision in a case concerning an administrative offence, if an appeal or a protest has not been lodged against said decision;
2) upon the expiry of the term established for appealing against a determination in respect of an appeal or a protest, if an appeal or a protest has not been lodged against said determination, except for the instances when the determination reverses the decision rendered;
3) immediately after rendering a determination without appeal in respect of an appeal or a protest, except for the cases when the determination reverses the decision rendered.
Article 31.2 Binding Character of a Decision in a Case Concerning an Administrative Offence
1. A decision in a case concerning an administrative offence shall be binding for execution by all state bodies, bodies of local self-government, officials and their associations, and by legal entities.
2. A decision with regard to a case concerning an administrative offence shall be subject to execution, as of the moment of entry thereof into legal force.
Article 31.3. Enforcing the Execution of a Decision with Regard to a Case Concerning an Administrative Offence
1. The judge, body, or official, which rendered a decision with regard to a case concerning an administrative offence, shall enforce the execution of the decision.
2. In the event of considering an appeal or a protest against a decision in a case
concerning an administrative offence and (or) against a further determination in respect of the appeal or protest, the effective decision with regard to the case concerning the administrative offence shall be sent to the judge, body, or official, which are authorised to enforce the execution thereof, within three days, as of the date of entry thereof into legal force.
3. Where an appeal or a protest against a decision with regard to a case concerning an administrative offence has not been lodged within the established term, it shall be directed to the body or to the official authorised to execute it, within three days as of the date of its entry into legal force; as for considering an appeal or a protest, it shall be done within three days as of the date of receipt of a determination in respect of the appeal or of the protest from the court or from the official which rendered the determination.
4. The judge or the official, when they send a decision on the case of an administrative offence to the body or the official authorised to put it into effect, shall make a note on the said decision on the day when it comes into legal force or on its immediate execution.
5. If an order issued in the case of an administrative offence has administered a main and an additional administrative penalties, has provided security for proceedings in the case of the administrative offence or has repealed such security then the following shall be sent to the body or the official empowered to execute the penalties ordered, to take measures for provision of security for proceedings in the case of the administrative offence or relieve from the duty to apply such measures: copies of the order attested in the established procedure which indicate which part of the order in the case of the administrative offence has to be performed by the relevant body or official.
Article 31.4. Execution of a Decision in a Case Concerning an Administrative Offence 1. A decision in a case concerning an administrative offence shall be executed by the
body or official authorised to do so, in the procedure established by this Code and by other federal laws, as well as by decisions of the Government of the Russian Federation taken in compliance with them.
2. In the event of rendering several decisions to impose an administrative penalty in respect of one and the same person, each decision shall be carried out independently.
3. If the method and order of the putting into effect of a decision on an administrative offence are unclear, the official who carries out the said decision, and also the person in respect of whom it was passed, shall have the right to make recourse to the court of law, the body or the official who passed the decision with the statement on the elucidation of the method and order of its execution.
Article 31.5. Stay and Spreading of Execution of a Decision to Impose an Administrative Penalty
1. In the presence of circumstances making it impossible to execute a decision providing for imposition of an administrative penalty in the form of administrative arrest, for deprivation of a special right or for an administrative fine within an established term, the judge, body, or official, who rendered the decision, may postpone execution thereof for a term of up to one month.
2. Taking into account the financial status of the person held administratively responsible, the judge, body, or official, which rendered the decision, may spread payment of an administrative fine over a term of up to three months.
Article 31.6. Suspending Execution of a Decision to Impose an Administrative Penalty 1. The judge, body, or official, which rendered a decision to impose an administrative
penalty, shall suspend execution thereof, if a protest against an effective decision in a case concerning an administrative offence has been made, pending consideration of the protest. A ruling on suspension of execution of the decision shall be issued, which shall be immediately directed to the body or to the official responsible for executing this ruling.
2. Making a protest against a decision with regard to an administrative arrest or on an administrative suspension of the activity shall not suspend execution of this decision.
Article 31.7. Terminating Execution of a Decision to Impose an Administrative Penalty A judge, body, or official, which rendered a decision to impose an administrative penalty,
shall terminate execution of the decision in the event of: 1) issue of an amnesty act, if such act eliminates imposition of the administrative penalty; 2) abrogating or invalidating a law or a provision thereof which establishes administrative
liability for what has been committed; 3) death of the person, who has been held administratively responsible, or declaring him
deceased in the procedure established by law; 4) expiry of the limitation period for executing a decision to impose an administrative
penalty, established by Article 31.9 of this Code; 5) reversing the decision; 6) Passing in the cases stipulated in the present Code, of the decision on stopping the
execution of the decision on the imposition of an administrative punishment.
Article 31.8. Settling Issues Connected with Execution of a Decision to Impose an Administrative Penalty
1. Issues concerning the explanation of the method and order of execution, stay, spreading, suspension or termination of execution of a decision to impose an administrative penalty, as well as a decision to recover an administrative fine, imposed on a minor, from his parents or from other legal representatives thereof, shall be considered by the judge, body, or official, which rendered the decision, with a three-day term as of the date when reasons for settling an appropriate issue arise.
2. Persons interested in settling the issues, specified in Part 1 of this Article, shall be notified about the place and time for their consideration. At the same time failure of the persons concerned to appear without good reasons shall not impede settlement of appropriate issues.
3. A decision in respect of the issues concerning on the explanation of the method and order of execution, delay, spreading and suspension of executing a decision to impose an administrative penalty, as well as a decision to recover an administrative fine, imposed on a minor, from his parents or other legal representatives thereof, shall be issued in the form of a ruling. A copy of the ruling shall be handed against a receipt to the natural person or to a lawful representative of the legal entity, in respect of which it has been rendered, as well as to the victim. In the event of the absence of said persons, a copy of the ruling shall be sent to them within three days as of the date of rendering it, and an appropriate entry thereof shall be made in the case-file.
4. A determination in respect of terminating execution of a decision to impose an administrative penalty shall be issued in the form of a decision.
Article 31.9. Limitation Period for Executing a Decision to Impose an Administrative Penalty
The provisions of Article 31.9 of this Code (in the wording of Federal Law No. 71-FZ of April
21, 2011) shall be applicable to decisions on assigning an administrative punishment which decisions enter into legal force after the day of entry into force of the said Federal Law
1. A decision to impose an administrative penalty shall not be subject to execution, if this decision has not been executed within two years, as of the date of entry thereof into legal force.
2. The limitation period, provided for by Part 1 of this Article, shall be interrupted, if the person held administratively responsibility, avoids executing a decision to impose an administrative penalty. In this event, calculation of the limitation period shall be renewed, as of the date of detecting said person, as well as items or profits thereof, against which an administrative execution may be levied in compliance with the decision to impose the administrative penalty.
3. In the event of a stay or suspension of executing a decision to impose an administrative penalty in compliance with Articles 31.5, 31.6 and 31.8 of this Code the limitation period shall be suspended, pending the expiry of the term of stay or suspension of the decision.
4. In the event of spreading execution of a decision to impose an administrative penalty, the limitation period shall be extended for the term of such spreading.
Article 31.10. Terminating Proceedings Concerning Execution of a Decision to Impose an Administrative Penalty
1. A decision to impose an administrative penalty, which has been fully executed, shall be returned with a note about execution of the administrative penalty therein by the body or the official, which executed the decision, to the judge, body or official which rendered the decision.
2. A decision to impose an administrative penalty, which has not been executed or has not been fully executed, shall be returned by the body or official, which executed the decision, to the judge, body, or official, which rendered the decision, in the following cases:
1) if the natural person, held administratively responsible, does not reside, work or study, or the legal entity, held administratively responsible, or the property of said persons, against which an administrative execution may be levied, are not located at the address indicated by the judge, body, or official which rendered the decision;
2) if the person, held administratively responsible, does not have property or profits, against which an administrative execution may be levied, and measures aimed at detecting the property of such person have proved to be in vain;
3) if the limitation period for executing a decision to impose an administrative penalty, provided for by Article 31.9 of this Code, has expired.
3. In the cases, specified in Items 1 and 2 of Part 2 of this Article, the official executing a decision to impose an administrative penalty, shall draw up an appropriate act to be endorsed by a superior official.
4. Return of a decision to impose an administrative penalty for the reasons, specified in Items 1 and 2 of Part 2 of this Article, shall not impede a new enforcement of this decision within the term provided for by Article 31.9 of this Code.
Article 31.11. Execution of a Decision to Impose an Administrative Penalty on a Person Who Resides or Is Situated beyond the Boundaries of the Russian Federation and Has No Property on the Territory of the Russian Federation
Execution of a decision to impose an administrative penalty on a person, who resides or is situated beyond the boundaries of the Russian Federation and has no property on the territory of the Russian Federation, shall be effected in compliance with the laws of the Russian Federation and international treaties of the Russian Federation made with the state, on the territory of which this person resides or is situated, as well as with the state on the territory of which the property of the person held administratively responsible is situated.
Chapter 32. Procedure for Executing Individual Types of Administrative Penalties
Article 32.1. Executing a Decision to Impose an Administrative Penalty in the Form of a Warning
A decision to impose an administrative penalty in the form of a warning shall be executed by the judge, or the body, or the official, which has rendered the decision, by way of handing in or sending a copy of the decision in compliance with Article 29.11 of this Code.
Article 32.2. Executing a Decision to Impose an Administrative Fine 1. An administrative fine shall be paid by the person, held administratively responsible, in
thirty days at the latest, as of the date of entry of the decision to impose the administrative fine into legal force, or as of the date of expiry of the term of stay of or the term of spreading execution thereof provided for by Article 31.5 of this Code.
2. Where a minor does not earn his living independently, an administrative fine shall be recovered from parents and other legal representatives thereof.
3. The sum of the administrative fine shall be paid or transferred by the person brought to the administrative responsibility to the credit institution i.a. with the involvement of the bank payment agent or the bank payment subagent that carry out the activity according to the Federal Law on the National Payment System, the organisation of the federal postal service or to the payment agent who carries out the activity according to the Federal Law No. 103-FZ of June 3, 2009 on Activity on the Reception of Payments of Natural Persons Carried out by Payment Agents.
4. Abrogated from January 1, 2008. 5. In the absence of the document certifying payment of the administrative fine, upon
expiration of the time-limit specified in the first part of this Article, the judge, authority official who have made the decision shall send within 72 hours the decision on imposition of an administrative fine bearing a note that it has not been paid to the court bailiff for its execution in the procedure provided for by the federal legislation. Moreover, the official of a federal executive body, structural unit or territorial body, and also of any other state body that has tried a case on an administrative offence, or an authorized person of the collective body that has tried a case on an administrative offence, shall draw up a record of the administrative offence provided for by Part 1 of Article 20.25 of this Code in respect of the person that has failed to pay an administrative fine. The record of the administrative offence provided for by Part 1 of Article 20.25 of this Code in respect of the person that has not paid an administrative fine in connection with a case on the administrative offence tried by a judge shall be drawn up by the court bailiff.
Article 32.3. Abrogated. Article 32.4. Executing a Decision about Confiscation of the Item Which Is the
Instrument of Committing, or the Subject of, an Administrative Offence 1. The decision of a judge on confiscation of the item that is the instrument of committing,
or the subject of, an administrative offence shall be executed by a bailiff in the procedure provided for by federal laws; a decision on a compensated seizure or confiscation of weapons and ammunition shall be executed by internal affairs bodies.
2. Sale of the items, which are instruments of committing, or subjects of, an administrative offence shall be effected in the procedure established by the Government of the Russian Federation.
3. Confiscated copies of works of art and phonograms, the materials and equipment used for reproducing thereof, and other instruments of committing an administrative offence, provided for by Part 1 of Article 7.12 of this Code, shall be subject to destruction, except for the cases of the transfer of confiscated copies of works or sound records to the holder of the copyrights or neighbouring rights at his request. If the said instruments and objects were seized in keeping with Article 27.10 of the present Code or arrested in conformity with Article 27.14 of the present Code, they shall be destroyed or transferred by a judge or on his instruction by the body whose official seized or arrested them.
Article 32.5. Bodies Responsible for Executing a Decision to Deprive of a Special Right 1. A decision of a judge to deprive someone of the right to drive a transport vehicle, safe
for a tractor, a self-propelled machine or other types of machinery, shall be executed by officials of internal affairs bodies.
2. A decision of a judge to deprive someone of the right to drive a tractor, a self-propelled machine or other types of machinery shall be executed by officials of the bodies exercising state supervision over the technical condition of tractors, self-propelled machines and other types of machinery.
3. A decision to deprive someone of the right to navigate a vessel (including a small boat) shall be executed by officials of the bodies exercising state supervision over observance of the rules of using these vessels (including small boats).
4. A decision of a judge to deprive someone of the right to operate radio electronic and high frequency devices shall be executed by officials of the bodies exercising state supervision over communication.
5. A judge's judgement on the deprivation of a right to hunt shall be performed by officials of the bodies authorised in the area of the protection, control and regulation of the use of the fauna items classified as game resources and their habitats.
6. The decision of a judge on deprivation of the right to acquire and keep or to keep and bear weapons and cartridges for them shall be executed by internal affairs officers.
Article 32.6. Procedure for Executing a Decision to Deprive of a Special Right 1. A decision to deprive someone of the right to drive a transport vehicle of appropriate
type or other types of machinery shall be executed by way of seizing correspondingly a driving license, a license for navigation of vessels (including small boats) or a license as a tractor driver-operator (of a tractor driver), if the driver, the navigator or the tractor driver-operator (tractor driver) is deprived of the right to drive all types of transport vehicles, vessels (including small boats) and other machinery or of the temporary permit to drive a transport vehicle of the appropriate type.
2. A decision to deprive someone of the right to operate radio electronic and high frequency devices shall be executed by way of seizing a special permit to operate radio electronic means or high frequency devices. A procedure for seizing a special permit to operate radio electronic or high frequency devices shall be established by the federal executive body exercising state supervision over communications in the Russian Federation.
3. A judgement on the deprivation of a right to hunt shall be performed by means of cancelling the hunter's identity card.
3.1. The decision on deprivation of the right to acquire and keep or to keep and bear weapons and cartridges for them shall be executed by way of annulment of the licence for
acquisition of weapons and/or of the permit to keep or to keep and bear weapons and cartridges for them and confiscation of the weapons and cartridges for them.
4. Upon the expiry of the term of deprivation of a special right the documents seized from the person subjected to an administrative penalty of this type (except for a temporary permit to drive a transport vehicle of the appropriate type) shall be returned to him on the basis of his/her demand within one working day.
5. Unclaimed documents shall be kept for three years. Upon the expiry of the said time period unclaimed documents are subject to being destroyed.
Article 32.7. Calculating the Term of Deprivation of a Special Right 1. The term of deprivation of a special right shall start from of the date of entry into legal
force of a decision to impose an administrative penalty in the form of deprivation of the appropriate special right.
1.1. Within three working days from the day of entry into legal force of a ruling on imposing an administrative punishment in the form of deprivation of a relevant special right, a person deprived of a special right must hand over the documents stipulated by Parts 1-3 of Article 32.6 of this Code to the body executing such type of administrative punishment (in case if the documents mentioned in Part 1 of Article 32.6 of this Code were not earlier withdrawn in accordance with Part 3 of Article 27.10 of this Code) and if such documents have been lost, must inform thereof the said body within the same period of time.
2. When a person, deprived of a special right, evades the delivery of an appropriate certificate (a special permit) or of other documents, the term of deprivation of the special right shall be interrupted. The term of deprivation of a special right shall start from the date of delivery by this person, or from the date of seizure from him, of an appropriate certificate (a special permit) or other documents, as well as the receipt by the body executing this type of administrative punishment of a statement of the person about the loss of the said documents.
3. Term of deprivation of a special right in the event of imposing upon the person, deprived of the special right, an administrative penalty in the form of deprivation of the same special right, shall start from the day following the date of termination of the term of a previously imposed administrative penalty.
Article 32.8. Executing a Decision on Administrative Arrest 1. A decision of a judge on administrative arrest shall be executed by internal affairs
bodies immediately after the rendering of such a decision. 2. The person subjected to administrative arrest shall be kept in custody at the place
determined by internal affairs bodies. When executing a decision on dministrative arrest, a personal examination of the individual, subjected to administrative arrest, shall be made.
3. The term of administrative detention shall be included into the term of an administrative arrest.
4. Serving an administrative arrest shall be carried out in the procedure established by the Government of the Russian Federation.
Article 32.9. Executing a Decision on Administrative Deportation from the Russian Federation of Foreign Citizens and Stateless Persons
A decision about the administrative deportation from the Russian Federation of foreign citizens and stateless persons shall be executed:
1) by border guard agencies - when committing the administrative offences provided for by Part 2 of Article 18.1 and by Part 2 of Article 18.4 of this Code;
2) the federal executive governmental body in charge of the functions of maintaining the established procedure for the operation of courts and enforcing court's orders and act of other bodies and officials -- when a judge orders an administrative penalty for a foreign citizen or stateless person as administrative expulsion from the Russian Federation in the form of enforced expulsion from the Russian Federation.
See Service Manual on Organising the Operation of the Ministry of Internal Affairs of the Russian Federation, the Federal Migration Service and Their Territorial Bodies in Terms of the Deportation and Administrative Expulsion of Foreign Citizens and Stateless Persons out of the Russian Federation approved by Order of the Ministry of Internal Affairs of the Russian Federation and the Federal Migration Service No. 758/240 of October 12, 2009
Article 32.10. Procedure for Executing a Decision on Administrative Deportation from the Russian Federation of Foreign Citizens or Stateless Persons
1. A decision on administrative deportation from the Russian Federation of a foreign citizen or a stateless person shall be executed by way of an official transfer of the foreign citizen or of the stateless person to a public officer of the foreign state to the territory of which said person is deported, or by way of a controllable independent exit of the person, subject to administrative deportation, from the Russian Federation.
2. Where administrative deportation is provided for by an international treaty of the Russian Federation with a foreign state, authorities of the foreign state, to the territory of which or across the territory of which a foreign citizen or a stateless person is deported, shall be notified about the administrative deportation of said person from a checkpoint at the State Border of the Russian Federation.
3. Where a transfer of the person, subject to administrative deportation from the Russian Federation, to a public officer of a foreign state is not provided for by an international treaty of the Russian Federation with said state, the administrative deportation of the person shall be carried out at the place determined by border guard agencies.
4. Execution of a decision on administrative deportation from the Russian Federation of a foreign citizen or a stateless person shall be formalized as a bilateral or unilateral act attached to the decision or to the execution proceeding materials.
5. Abrogated from January 1, 2012. 6. A foreign citizen or stateless person for whom an administrative penalty has been
ordered as administrative expulsion from the Russian Federation in the form of exit from the Russian Federation on his/her own under control shall leave the Russian Federation within five days after the judge's order concerning the relevant administrative penalty becomes final.
7. The federal executive governmental body empowered to carry out the functions of control and supervision in the area of migration shall exercise control over the foreign citizen's or stateless person's performing the order for his/her administrative expulsion from the Russian Federation in the form of exit from the Russian Federation on his/her own under control.
Article 32.11. Executing a Decision on Disqualification 1. A decision on disqualification may be executed immediately after the entry of the
decision into legal force by the person, held administratively responsible. 2. A decision on disqualification shall be executed by terminating the agreement
(contract) with a disqualified person. When making an agreement (contract), the person, authorised to make the agreement
(contract), shall be obliged to request the body, keeping a register of disqualified persons, for information about the disqualification of the natural person.
3. Forming and keeping a register of disqualified persons shall be carried out by the body authorised by the Government of the Russian Federation.
Information, contained in a register of disqualified persons, shall be public. Persons concerned shall be entitled to obtain information from a register of disqualified persons on a payable basis in the form of extracts regarding specific disqualified persons. The procedure for forming and keeping a register of disqualified persons, as well as the amount of payment for providing information from the register thereof, shall be determined by the Government of the Russian Federation.
4. A copy of an effective decision on disqualification shall be sent by the court that rendered it to the body authorised by the Government of the Russian Federation, or to a territorial agency of this body.
Article 32.12. Execution of the Decision on an Administrative Suspension of the Activity 1. A judgement of the judge, body or official that has ordered an administrative penalty in
the form of administrative suspension of activities shall be performed by a bailiff immediately after it is issued.
2. In case of an administrative suspension of the activity, lead seals shall be put on, buildings and premises for the storage of commodities and other material values, as well as cashier's offices shall be sealed, and other measures shall also be taken in order to execute the directions pointed out in the decision on an administrative termination of the activity, necessary for the execution of an administrative punishment in the form of an administrative suspension of the activity.
In case of an administrative suspension of the activity, no measures shall be applied which may entail an irreversible aftermath for the production process or for the functioning and security of the life support objects.
3. The administrative suspension of activities shall be terminated before the due date by the judge, body or official that has ordered an administrative penalty in the form of administrative suspension of activities, on a petition of a person pursuing entrepreneurial activities without the formation of a legal entity or of a legal entity if it is established that the circumstances serving as a ground for ordering the administrative penalty in the form of administrative suspension of activities have been eliminated. In this case, the judge, body or official that has ordered the administrative penalty in the form of administrative suspension of activities must request a statement from an official empowered under Article 28.3 of the present Code to draw up a report on an administrative offence. Upon receiving an appropriate petition of a judge the official authorised in compliance with Article 28.3 of this Code to draw up a record of an administrative offence for the purpose of preparing a statement shall check the removal of the circumstances that have served as the ground for imposing an administrative penalty in the form of the administrative suspension of activities. The statement shall be given in writing as containing evidence of the fact that the circumstances deemed ground for ordering the administrative penalty in the form of suspension of activities have been or have not been eliminated by the person pursuing entrepreneurial activities without the formation of a legal entity or by the legal entity. The statement is not binding on the judge, body or official that has ordered the administrative penalty in the form of administrative suspension of activities and it shall be assessed by the rules established by Article 26.11 of the present Code. A disagreement of the judge, body or official with the statement shall be substantiated. The petition shall be considered by the judge, body or official that has ordered the administrative penalty in the form of administrative suspension of activities within five days after being received, in the procedure
envisaged by Chapter 29 of the present Code with due regard to the details established by the present article. As this is being done, summons shall be served to the person pursuing entrepreneurial activities without the formation of a legal entity or to the legal representative of the legal entity for participation in the consideration of the petition, the person/entity being entitled to provide explanations and documents.
4. After studying the submitted document, the judge, body or official that has ordered an administrative penalty in the form of administrative suspension of activities shall issue the decision on stopping the execution of the administrative punishment in the form of an administrative suspension of the activity, or on the refusal to satisfy the petition.
In the decision on the pre-schedule termination of the execution of an administrative punishment in the form of an administrative suspension of the activity shall be supplied the information stipulated in Article 29.10 of the present Code, and the date shall be named for the resumption of the activity of the person engaged in business activity without creating a legal entity, or of the legal entity, of its affiliate, representation, structural subdivision and production sector, as well as of the running of aggregates, objects, buildings or structures, of the performance of the individual kinds of activity (of works) and of rendering services.
5. Upon the expiry of the deadline fixed in the decision on the administrative suspension of activities, if execution of the administrative penalty in the form of the administrative suspension of activity is not stopped ahead of time for the grounds and in the procedure provided for by Parts 3 and 4 of this article, the official authorised in compliance with Article 28.3 of this Code to draw up a record of an administrative offence shall check the absence of the circumstances that have served as the ground for imposing the administrative offence in the form of the administrative suspension of the activity.
Where it is established on the basis of the results of an inspection held that the circumstances that have served as the grounds for imposing an administrative penalty in the form of the administrative suspension of the activity are not removed, the official authorised in compliance with Article 28.3 of this Code to draw up a record of an administrative offence may draw up a new record of the administrative offence and may take measures aimed at ensuring administrative proceedings in respect of the case in the procedure provided for by Chapter 27 of this Code.
President of the Russian Federation V. Putin
30 декабря 2001 года N 195-ФЗ
РОССИЙСКАЯ ФЕДЕРАЦИЯ
КОДЕКС РОССИЙСКОЙ ФЕДЕРАЦИИ ОБ АДМИНИСТРАТИВНЫХ ПРАВОНАРУШЕНИЯХ
Принят Государственной Думой
20 декабря 2001 года
Одобрен Советом Федерации
26 декабря 2001 года
Список изменяющих документов (в ред. Федеральных законов от 25.04.2002 N 41-ФЗ, от 25.07.2002 N 112-ФЗ,
от 30.10.2002 N 130-ФЗ, от 31.10.2002 N 133-ФЗ, от 31.12.2002 N 187-ФЗ, от 30.06.2003 N 86-ФЗ, от 04.07.2003 N 94-ФЗ, от 04.07.2003 N 103-ФЗ,
от 11.11.2003 N 138-ФЗ, от 11.11.2003 N 144-ФЗ, от 08.12.2003 N 161-ФЗ, от 08.12.2003 N 169-ФЗ, от 23.12.2003 N 185-ФЗ, от 09.05.2004 N 37-ФЗ, от 26.07.2004 N 77-ФЗ, от 28.07.2004 N 93-ФЗ, от 20.08.2004 N 114-ФЗ,
от 20.08.2004 N 118-ФЗ, от 25.10.2004 N 126-ФЗ, от 28.12.2004 N 183-ФЗ, от 28.12.2004 N 187-ФЗ, от 30.12.2004 N 211-ФЗ, от 30.12.2004 N 214-ФЗ,
от 30.12.2004 N 219-ФЗ (ред. 21.03.2005), от 07.03.2005 N 14-ФЗ, от 07.03.2005 N 15-ФЗ, от 21.03.2005 N 19-ФЗ, от 21.03.2005 N 21-ФЗ, от 22.04.2005 N 38-ФЗ, от 09.05.2005 N 45-ФЗ, от 18.06.2005 N 66-ФЗ, от 02.07.2005 N 80-ФЗ, от 02.07.2005 N 82-ФЗ, от 21.07.2005 N 93-ФЗ,
от 21.07.2005 N 113-ФЗ, от 22.07.2005 N 120-ФЗ, от 27.09.2005 N 124-ФЗ, от 05.12.2005 N 156-ФЗ, от 19.12.2005 N 161-ФЗ, от 26.12.2005 N 183-ФЗ, от 27.12.2005 N 193-ФЗ, от 31.12.2005 N 199-ФЗ, от 05.01.2006 N 7-ФЗ, от 05.01.2006 N 10-ФЗ, от 02.02.2006 N 19-ФЗ, от 03.03.2006 N 30-ФЗ, от 16.03.2006 N 41-ФЗ, от 15.04.2006 N 47-ФЗ, от 29.04.2006 N 57-ФЗ, от 08.05.2006 N 65-ФЗ, от 03.06.2006 N 73-ФЗ, от 03.06.2006 N 78-ФЗ,
от 03.07.2006 N 97-ФЗ, от 18.07.2006 N 111-ФЗ, от 18.07.2006 N 121-ФЗ, от 26.07.2006 N 133-ФЗ, от 26.07.2006 N 134-ФЗ, от 27.07.2006 N 139-ФЗ, от 27.07.2006 N 153-ФЗ, от 16.10.2006 N 160-ФЗ, от 03.11.2006 N 181-ФЗ, от 03.11.2006 N 182-ФЗ, от 05.11.2006 N 189-ФЗ, от 04.12.2006 N 201-ФЗ, от 04.12.2006 N 203-ФЗ, от 18.12.2006 N 232-ФЗ, от 29.12.2006 N 258-ФЗ, от 29.12.2006 N 262-ФЗ, от 30.12.2006 N 266-ФЗ, от 30.12.2006 N 270-ФЗ,
от 09.02.2007 N 19-ФЗ, от 29.03.2007 N 39-ФЗ, от 09.04.2007 N 44-ФЗ, от 09.04.2007 N 45-ФЗ, от 20.04.2007 N 54-ФЗ, от 07.05.2007 N 66-ФЗ,
от 10.05.2007 N 70-ФЗ, от 22.06.2007 N 116-ФЗ, от 19.07.2007 N 141-ФЗ, от 24.07.2007 N 204-ФЗ, от 24.07.2007 N 210-ФЗ, от 24.07.2007 N 211-ФЗ, от 24.07.2007 N 218-ФЗ, от 02.10.2007 N 225-ФЗ, от 18.10.2007 N 230-ФЗ, от 08.11.2007 N 257-ФЗ, от 27.11.2007 N 273-ФЗ, от 01.12.2007 N 304-ФЗ, от 06.12.2007 N 333-ФЗ, от 03.03.2008 N 21-ФЗ, от 29.04.2008 N 58-ФЗ, от 13.05.2008 N 66-ФЗ, от 16.05.2008 N 74-ФЗ, от 14.07.2008 N 118-ФЗ,
от 22.07.2008 N 126-ФЗ, от 22.07.2008 N 145-ФЗ, от 22.07.2008 N 148-ФЗ, от 08.11.2008 N 197-ФЗ, от 03.12.2008 N 240-ФЗ, от 03.12.2008 N 247-ФЗ, от 03.12.2008 N 250-ФЗ, от 22.12.2008 N 272-ФЗ, от 25.12.2008 N 280-ФЗ, от 25.12.2008 N 281-ФЗ, от 26.12.2008 N 293-ФЗ, от 30.12.2008 N 309-ФЗ,
от 09.02.2009 N 3-ФЗ, от 09.02.2009 N 9-ФЗ, от 07.05.2009 N 86-ФЗ, от 03.06.2009 N 104-ФЗ, от 03.06.2009 N 112-ФЗ,
от 03.06.2009 N 121-ФЗ (ред. 17.07.2009), от 28.06.2009 N 122-ФЗ, от 28.06.2009 N 124-ФЗ, от 29.06.2009 N 133-ФЗ, от 29.06.2009 N 134-ФЗ, от 17.07.2009 N 160-ФЗ, от 17.07.2009 N 162-ФЗ, от 19.07.2009 N 198-ФЗ, от 19.07.2009 N 205-ФЗ, от 24.07.2009 N 209-ФЗ, от 24.07.2009 N 213-ФЗ, от 09.11.2009 N 247-ФЗ, от 09.11.2009 N 249-ФЗ, от 23.11.2009 N 261-ФЗ,
от 25.11.2009 N 274-ФЗ, от 28.11.2009 N 305-ФЗ, от 21.12.2009 N 330-ФЗ, от 21.12.2009 N 336-ФЗ, от 28.12.2009 N 380-ФЗ, от 09.03.2010 N 20-ФЗ,
от 09.03.2010 N 27-ФЗ, от 05.04.2010 N 47-ФЗ, от 05.04.2010 N 55-ФЗ, от 30.04.2010 N 69-ФЗ, от 08.05.2010 N 83-ФЗ, от 19.05.2010 N 86-ФЗ, от 19.05.2010 N 87-ФЗ, от 19.05.2010 N 88-ФЗ, от 19.05.2010 N 92-ФЗ,
от 31.05.2010 N 108-ФЗ, от 17.06.2010 N 119-ФЗ, от 01.07.2010 N 132-ФЗ, от 05.07.2010 N 153-ФЗ, от 01.07.2010 N 145-ФЗ, от 23.07.2010 N 169-ФЗ, от 23.07.2010 N 171-ФЗ, от 23.07.2010 N 174-ФЗ, от 23.07.2010 N 175-ФЗ, от 23.07.2010 N 176-ФЗ, от 26.07.2010 N 186-ФЗ, от 26.07.2010 N 189-ФЗ, от 27.07.2010 N 195-ФЗ, от 27.07.2010 N 222-ФЗ, от 27.07.2010 N 223-ФЗ, от 27.07.2010 N 224-ФЗ, от 27.07.2010 N 226-ФЗ, от 27.07.2010 N 229-ФЗ, от 27.07.2010 N 237-ФЗ, от 27.07.2010 N 238-ФЗ, от 27.07.2010 N 239-ФЗ, от 30.07.2010 N 242-ФЗ, от 04.10.2010 N 263-ФЗ, от 04.10.2010 N 264-ФЗ, от 08.11.2010 N 293-ФЗ, от 29.11.2010 N 313-ФЗ, от 08.12.2010 N 347-ФЗ, от 23.12.2010 N 369-ФЗ, от 23.12.2010 N 380-ФЗ, от 23.12.2010 N 381-ФЗ, от 28.12.2010 N 398-ФЗ, от 28.12.2010 N 411-ФЗ, от 28.12.2010 N 417-ФЗ, от 28.12.2010 N 421-ФЗ, от 29.12.2010 N 435-ФЗ, от 29.12.2010 N 442-ФЗ,
от 07.02.2011 N 4-ФЗ, от 07.02.2011 N 8-ФЗ, от 06.04.2011 N 66-ФЗ, от 21.04.2011 N 69-ФЗ, от 21.04.2011 N 71-ФЗ, от 04.05.2011 N 97-ФЗ,
от 04.05.2011 N 98-ФЗ, от 03.06.2011 N 120-ФЗ, от 04.06.2011 N 127-ФЗ, от 27.06.2011 N 162-ФЗ, от 01.07.2011 N 170-ФЗ, от 11.07.2011 N 198-ФЗ, от 11.07.2011 N 199-ФЗ, от 11.07.2011 N 200-ФЗ, от 11.07.2011 N 207-ФЗ, от 18.07.2011 N 225-ФЗ, от 18.07.2011 N 226-ФЗ, от 18.07.2011 N 236-ФЗ, от 18.07.2011 N 237-ФЗ, от 18.07.2011 N 242-ФЗ, от 18.07.2011 N 243-ФЗ, от 20.07.2011 N 250-ФЗ, от 21.07.2011 N 253-ФЗ, от 21.07.2011 N 257-ФЗ, от 06.11.2011 N 295-ФЗ, от 06.11.2011 N 296-ФЗ, от 07.11.2011 N 304-ФЗ, от 08.11.2011 N 308-ФЗ, от 16.11.2011 N 311-ФЗ, от 16.11.2011 N 312-ФЗ, от 21.11.2011 N 329-ФЗ, от 21.11.2011 N 331-ФЗ, от 30.11.2011 N 347-ФЗ, от 30.11.2011 N 364-ФЗ, от 03.12.2011 N 378-ФЗ, от 03.12.2011 N 383-ФЗ, от 06.12.2011 N 403-ФЗ, от 06.12.2011 N 404-ФЗ, от 06.12.2011 N 409-ФЗ, от 06.12.2011 N 410-ФЗ, от 06.12.2011 N 413-ФЗ, от 07.12.2011 N 420-ФЗ,
от 08.12.2011 N 424-ФЗ, от 31.01.2012 N 2-ФЗ, от 01.03.2012 N 18-ФЗ, от 02.04.2012 N 30-ФЗ,
с изм., внесенными Постановлениями Конституционного Суда РФ от 13.07.2010 N 15-П, от 25.04.2011 N 6-П)
Раздел I. ОБЩИЕ ПОЛОЖЕНИЯ
Глава 1. ЗАДАЧИ И ПРИНЦИПЫ ЗАКОНОДАТЕЛЬСТВА ОБ АДМИНИСТРАТИВНЫХ ПРАВОНАРУШЕНИЯХ
Статья 1.1. Законодательство об административных правонарушениях
1. Законодательство об административных правонарушениях состоит из настоящего Кодекса и принимаемых в соответствии с ним законов субъектов Российской Федерации об административных правонарушениях.
2. Настоящий Кодекс основывается на Конституции Российской Федерации, общепризнанных принципах и нормах международного права и международных договорах Российской Федерации. Если международным договором Российской Федерации установлены иные правила, чем предусмотренные законодательством об административных правонарушениях, то применяются правила международного договора.
Статья 1.2. Задачи законодательства об административных правонарушениях
Задачами законодательства об административных правонарушениях являются защита личности, охрана прав и свобод человека и гражданина, охрана здоровья граждан, санитарно-эпидемиологического благополучия населения, защита общественной нравственности, охрана окружающей среды, установленного порядка осуществления государственной власти, общественного порядка и общественной безопасности, собственности, защита законных экономических интересов физических и юридических лиц, общества и государства от административных правонарушений, а также предупреждение
административных правонарушений.
Статья 1.3. Предметы ведения Российской Федерации в области законодательства об административных правонарушениях
1. К ведению Российской Федерации в области законодательства об административных правонарушениях относится установление:
1) общих положений и принципов законодательства об административных правонарушениях;
2) перечня видов административных наказаний и правил их применения;
3) административной ответственности по вопросам, имеющим федеральное значение, в том числе административной ответственности за нарушение правил и норм, предусмотренных федеральными законами и иными нормативными правовыми актами Российской Федерации;
4) порядка производства по делам об административных правонарушениях, в том числе установление мер обеспечения производства по делам об административных правонарушениях;
5) порядка исполнения постановлений о назначении административных наказаний.
2. В соответствии с законодательством о судебной системе настоящий Кодекс определяет подсудность дел об административных правонарушениях судам.
3. В соответствии с законодательством о защите прав несовершеннолетних настоящий Кодекс определяет подведомственность дел об административных правонарушениях комиссиям по делам несовершеннолетних и защите их прав.
4. В соответствии с установленной структурой федеральных органов исполнительной власти настоящий Кодекс определяет подведомственность дел об административных правонарушениях, предусмотренных настоящим Кодексом, федеральным органам исполнительной власти.
5. В соответствии с задачами и функциями, возложенными на органы государственной власти субъектов Российской Федерации федеральными законами, настоящий Кодекс определяет подведомственность дел об административных правонарушениях, предусмотренных настоящим Кодексом, органам исполнительной власти субъектов Российской Федерации. (часть пятая введена Федеральным законом от 28.12.2009 N 380-ФЗ)
Статья 1.3.1. Предметы ведения субъектов Российской Федерации в области законодательства об административных правонарушениях
(введена Федеральным законом от 28.12.2009 N 380-ФЗ)
1. К ведению субъектов Российской Федерации в области законодательства об административных правонарушениях относится:
1) установление законами субъектов Российской Федерации об административных правонарушениях административной ответственности за нарушение законов и иных нормативных правовых актов субъектов Российской Федерации, нормативных правовых актов органов местного самоуправления;
2) организация производства по делам об административных правонарушениях, предусмотренных законами субъектов Российской Федерации;
3) определение подведомственности дел об административных правонарушениях, предусмотренных законами субъектов Российской Федерации, в соответствии с частью 2 статьи 22.1 настоящего Кодекса;
4) создание комиссий по делам несовершеннолетних и защите их прав;
5) создание административных комиссий, иных коллегиальных органов в целях привлечения к административной ответственности, предусмотренной законами субъектов Российской Федерации;
6) определение перечня должностных лиц, уполномоченных составлять протоколы об административных правонарушениях, предусмотренных законами субъектов Российской Федерации;
7) регулирование законами субъектов Российской Федерации иных вопросов в соответствии с настоящим Кодексом.
2. Законами субъектов Российской Федерации органы местного самоуправления могут наделяться отдельными полномочиями субъекта Российской Федерации по решению вопросов, указанных в пунктах 4 - 6 части 1 настоящей статьи, с передачей необходимых для их осуществления материальных и финансовых средств. В случае наделения органа местного самоуправления указанными полномочиями его должностные лица вправе составлять протоколы об административных правонарушениях, предусмотренных законами субъекта Российской Федерации.
3. В случаях, предусмотренных законами субъектов Российской Федерации, должностные лица органов местного самоуправления вправе составлять протоколы об административных правонарушениях, предусмотренных настоящим Кодексом или законами субъектов Российской Федерации, при осуществлении органами местного самоуправления полномочий по контролю (надзору), делегированных Российской Федерацией или субъектами Российской Федерации, а также при осуществлении муниципального контроля.
4. Органы исполнительной власти субъектов Российской Федерации в пределах компетенции, установленной главой 23 настоящего Кодекса, уполномочены рассматривать дела об административных правонарушениях, предусмотренных настоящим Кодексом.
5. Должностные лица органов исполнительной власти субъектов Российской Федерации в пределах компетенции соответствующего органа исполнительной власти субъекта Российской Федерации уполномочены составлять протоколы об административных правонарушениях, предусмотренных настоящим Кодексом, в случаях, указанных в статье 28.3 настоящего Кодекса.
Статья 1.4. Принцип равенства перед законом
1. Лица, совершившие административные правонарушения, равны перед законом. Физические лица подлежат административной ответственности независимо от пола, расы, национальности, языка, происхождения, имущественного и должностного положения, места жительства, отношения к религии, убеждений, принадлежности к общественным объединениям, а также других обстоятельств. Юридические лица подлежат административной ответственности независимо от места нахождения, организационно-правовых форм, подчиненности, а также других обстоятельств.
2. Особые условия применения мер обеспечения производства по делу об административном правонарушении и привлечения к административной ответственности должностных лиц, выполняющих определенные государственные функции (депутатов, судей, прокуроров и иных лиц), устанавливаются Конституцией Российской Федерации и федеральными законами.
Статья 1.5. Презумпция невиновности
1. Лицо подлежит административной ответственности только за те административные правонарушения, в отношении которых установлена его вина.
2. Лицо, в отношении которого ведется производство по делу об административном правонарушении, считается невиновным, пока его вина не будет доказана в порядке, предусмотренном настоящим Кодексом, и установлена вступившим в законную силу постановлением судьи, органа, должностного лица, рассмотревших дело.
3. Лицо, привлекаемое к административной ответственности, не обязано доказывать свою невиновность, за исключением случаев, предусмотренных примечанием к настоящей статье. (в ред. Федерального закона от 24.07.2007 N 210-ФЗ)
4. Неустранимые сомнения в виновности лица, привлекаемого к административной ответственности, толкуются в пользу этого лица.
Примечание. Положение части 3 настоящей статьи не распространяется на административные правонарушения, предусмотренные главой 12 настоящего Кодекса, и административные правонарушения в области благоустройства территории, предусмотренные законами субъектов Российской Федерации, совершенные с использованием транспортных средств, в случае фиксации этих административных правонарушений работающими в автоматическом режиме специальными техническими средствами,
имеющими функции фото- и киносъемки, видеозаписи, или средствами фото- и киносъемки, видеозаписи. (примечание введено Федеральным законом от 24.07.2007 N 210-ФЗ, в ред. Федерального закона от 21.04.2011 N 69-ФЗ)
Статья 1.6. Обеспечение законности при применении мер административного принуждения в связи с административным правонарушением
1. Лицо, привлекаемое к административной ответственности, не может быть подвергнуто административному наказанию и мерам обеспечения производства по делу об административном правонарушении иначе как на основаниях и в порядке, установленных законом.
2. Применение уполномоченными на то органом или должностным лицом административного наказания и мер обеспечения производства по делу об административном правонарушении в связи с административным правонарушением осуществляется в пределах компетенции указанных органа или должностного лица в соответствии с законом.
3. При применении мер административного принуждения не допускаются решения и действия (бездействие), унижающие человеческое достоинство.
Статья 1.7. Действие законодательства об административных правонарушениях во времени (в ред. Федерального закона от 24.07.2007 N 210-ФЗ)
1. Лицо, совершившее административное правонарушение, подлежит ответственности на основании закона, действовавшего во время совершения административного правонарушения. (в ред. Федерального закона от 24.07.2007 N 210-ФЗ)
О разъяснении части второй статьи 1.7 см. Постановление Пленума ВАС РФ от 27.01.2003 N 2.
2. Закон, смягчающий или отменяющий административную ответственность за административное правонарушение либо иным образом улучшающий положение лица, совершившего административное правонарушение, имеет обратную силу, то есть распространяется и на лицо, которое совершило административное правонарушение до вступления такого закона в силу и в отношении которого постановление о назначении административного наказания не исполнено. Закон, устанавливающий или отягчающий административную ответственность за административное правонарушение либо иным образом ухудшающий положение лица, обратной силы не имеет.
О разъяснении части третьей статьи 1.7 см. Постановление Пленума ВАС РФ от 27.01.2003 N 2.
3. Производство по делу об административном правонарушении осуществляется на основании закона, действующего во время производства по указанному делу.
Статья 1.8. Действие законодательства об административных правонарушениях в пространстве
(введена Федеральным законом от 24.07.2007 N 210-ФЗ)
1. Лицо, совершившее административное правонарушение на территории Российской Федерации, подлежит административной ответственности в соответствии с настоящим Кодексом или законом субъекта Российской Федерации об административных правонарушениях, за исключением случаев, предусмотренных международным договором Российской Федерации. (в ред. Федерального закона от 06.12.2011 N 409-ФЗ)
2. Лицо, совершившее административное правонарушение за пределами Российской Федерации, подлежит административной ответственности в соответствии с настоящим Кодексом в случаях, предусмотренных международным договором Российской Федерации. (часть 2 в ред. Федерального закона от 04.05.2011 N 97-ФЗ)
Глава 2. АДМИНИСТРАТИВНОЕ ПРАВОНАРУШЕНИЕ И АДМИНИСТРАТИВНАЯ ОТВЕТСТВЕННОСТЬ
Статья 2.1. Административное правонарушение
1. Административным правонарушением признается противоправное, виновное действие
(бездействие) физического или юридического лица, за которое настоящим Кодексом или законами субъектов Российской Федерации об административных правонарушениях установлена административная ответственность.
2. Юридическое лицо признается виновным в совершении административного правонарушения, если будет установлено, что у него имелась возможность для соблюдения правил и норм, за нарушение которых настоящим Кодексом или законами субъекта Российской Федерации предусмотрена административная ответственность, но данным лицом не были приняты все зависящие от него меры по их соблюдению.
3. Назначение административного наказания юридическому лицу не освобождает от административной ответственности за данное правонарушение виновное физическое лицо, равно как и привлечение к административной или уголовной ответственности физического лица не освобождает от административной ответственности за данное правонарушение юридическое лицо.
Статья 2.2. Формы вины
1. Административное правонарушение признается совершенным умышленно, если лицо, его совершившее, сознавало противоправный характер своего действия (бездействия), предвидело его вредные последствия и желало наступления таких последствий или сознательно их допускало либо относилось к ним безразлично.
2. Административное правонарушение признается совершенным по неосторожности, если лицо, его совершившее, предвидело возможность наступления вредных последствий своего действия (бездействия), но без достаточных к тому оснований самонадеянно рассчитывало на предотвращение таких последствий либо не предвидело возможности наступления таких последствий, хотя должно было и могло их предвидеть.
Статья 2.3. Возраст, по достижении которого наступает административная ответственность
1. Административной ответственности подлежит лицо, достигшее к моменту совершения административного правонарушения возраста шестнадцати лет.
2. С учетом конкретных обстоятельств дела и данных о лице, совершившем административное правонарушение в возрасте от шестнадцати до восемнадцати лет, комиссией по делам несовершеннолетних и защите их прав указанное лицо может быть освобождено от административной ответственности с применением к нему меры воздействия, предусмотренной федеральным законодательством о защите прав несовершеннолетних.
Статья 2.4. Административная ответственность должностных лиц
Административной ответственности подлежит должностное лицо в случае совершения им административного правонарушения в связи с неисполнением либо ненадлежащим исполнением своих служебных обязанностей.
Примечание. Под должностным лицом в настоящем Кодексе следует понимать лицо, постоянно, временно или в соответствии со специальными полномочиями осуществляющее функции представителя власти, то есть наделенное в установленном законом порядке распорядительными полномочиями в отношении лиц, не находящихся в служебной зависимости от него, а равно лицо, выполняющее организационно-распорядительные или административно-хозяйственные функции в государственных органах, органах местного самоуправления, государственных и муниципальных организациях, а также в Вооруженных Силах Российской Федерации, других войсках и воинских формированиях Российской Федерации. Совершившие административные правонарушения в связи с выполнением организационно-распорядительных или административно-хозяйственных функций руководители и другие работники иных организаций, а также совершившие административные правонарушения, предусмотренные статьями 13.25, 14.24, 15.17 - 15.22, 15.23.1, 15.24.1, 15.29 - 15.31, частью 9 статьи 19.5, статьей 19.7.3 настоящего Кодекса, члены советов директоров (наблюдательных советов), коллегиальных исполнительных органов (правлений, дирекций), счетных комиссий, ревизионных комиссий (ревизоры), ликвидационных комиссий юридических лиц и руководители организаций, осуществляющих полномочия единоличных исполнительных органов других организаций, несут административную ответственность как должностные лица. Лица, осуществляющие функции члена конкурсной, аукционной, котировочной или единой комиссии, созданной государственным или муниципальным заказчиком, бюджетным учреждением
(далее в статьях 3.5, 7.29 - 7.32, части 7 статьи 19.5, статье 19.7.2, статье 19.7.4 настоящего Кодекса - заказчики), уполномоченным органом, совершившие административные правонарушения, предусмотренные статьями 7.29 - 7.32 настоящего Кодекса, несут административную ответственность как должностные лица. Лица, осуществляющие предпринимательскую деятельность без образования юридического лица, совершившие административные правонарушения, несут административную ответственность как должностные лица, если настоящим Кодексом не установлено иное. (в ред. Федеральных законов от 09.02.2009 N 9-ФЗ, от 17.07.2009 N 160-ФЗ, от 08.05.2010 N 83-ФЗ)
Статья 2.5. Административная ответственность военнослужащих, граждан, призванных на военные сборы, и лиц, имеющих специальные звания
(в ред. Федерального закона от 04.12.2006 N 203-ФЗ)
1. За административные правонарушения, за исключением административных правонарушений, предусмотренных частью 2 настоящей статьи, военнослужащие, граждане, призванные на военные сборы, и имеющие специальные звания сотрудники органов внутренних дел, органов и учреждений уголовно-исполнительной системы, Государственной противопожарной службы, органов по контролю за оборотом наркотических средств и психотропных веществ и таможенных органов в соответствии с федеральными законами и иными нормативными правовыми актами Российской Федерации, регламентирующими прохождение военной службы (службы) указанными лицами и их статус, несут дисциплинарную ответственность.
2. За административные правонарушения, предусмотренные статьями 5.1 - 5.26, 5.45 - 5.52, 5.56, 6.3, 7.29 - 7.32, главой 8, статьей 11.16 (в части нарушения требований пожарной безопасности вне места военной службы (службы) или прохождения военных сборов), главой 12, статьей 14.9, частью 3 статьи 14.32, главами 15 и 16, статьями 17.3, 17.7 - 17.9, частями 1 и 3 статьи 17.14, статьями 17.15, 18.1 - 18.4, частями 2.1, 2.6 статьи 19.5, статьями 19.5.7, 19.7.2, 19.7.4, частью 5 статьи 19.8 и статьей 20.4 (в части нарушения требований пожарной безопасности вне места военной службы (службы) или прохождения военных сборов) настоящего Кодекса, лица, указанные в части 1 настоящей статьи, несут административную ответственность на общих основаниях. (в ред. Федеральных законов от 24.07.2007 N 218-ФЗ, от 17.07.2009 N 160-ФЗ, от 09.11.2009 N 247-ФЗ, от 18.07.2011 N 225-ФЗ, от 06.12.2011 N 404-ФЗ)
Статья 2.6. Административная ответственность иностранных граждан, лиц без гражданства и иностранных юридических лиц
1. Иностранные граждане, лица без гражданства и иностранные юридические лица, совершившие на территории Российской Федерации административные правонарушения, подлежат административной ответственности на общих основаниях.
2. Иностранные граждане, лица без гражданства и иностранные юридические лица, совершившие административные правонарушения на континентальном шельфе, в исключительной экономической зоне Российской Федерации, предусмотренные частью 2 статьи 8.16, статьями 8.17 - 8.20, частью 2 статьи 19.4 настоящего Кодекса, подлежат административной ответственности на общих основаниях.
3. Вопрос об административной ответственности иностранного гражданина, пользующегося иммунитетом от административной юрисдикции Российской Федерации в соответствии с федеральными законами и международными договорами Российской Федерации и совершившего на территории Российской Федерации административное правонарушение, разрешается в соответствии с нормами международного права.
Статья 2.6.1. Административная ответственность собственников (владельцев) транспортных средств
(введена Федеральным законом от 24.07.2007 N 210-ФЗ)
1. К административной ответственности за административные правонарушения в области дорожного движения и административные правонарушения в области благоустройства территории, предусмотренные законами субъектов Российской Федерации, совершенные с использованием транспортных средств, в случае фиксации этих административных правонарушений работающими в автоматическом режиме специальными техническими средствами, имеющими функции фото- и киносъемки, видеозаписи, или средствами фото- и киносъемки, видеозаписи привлекаются собственники (владельцы) транспортных средств.
(в ред. Федерального закона от 21.04.2011 N 69-ФЗ)
2. Собственник (владелец) транспортного средства освобождается от административной ответственности, если в ходе рассмотрения жалобы на постановление по делу об административном правонарушении, вынесенное в соответствии с частью 3 статьи 28.6 настоящего Кодекса, будут подтверждены содержащиеся в ней данные о том, что в момент фиксации административного правонарушения транспортное средство находилось во владении или в пользовании другого лица либо к данному моменту выбыло из его обладания в результате противоправных действий других лиц. (в ред. Федерального закона от 23.07.2010 N 175-ФЗ)
Статья 2.7. Крайняя необходимость
Не является административным правонарушением причинение лицом вреда охраняемым законом интересам в состоянии крайней необходимости, то есть для устранения опасности, непосредственно угрожающей личности и правам данного лица или других лиц, а также охраняемым законом интересам общества или государства, если эта опасность не могла быть устранена иными средствами и если причиненный вред является менее значительным, чем предотвращенный вред.
Статья 2.8. Невменяемость
Не подлежит административной ответственности физическое лицо, которое во время совершения противоправных действий (бездействия) находилось в состоянии невменяемости, то есть не могло осознавать фактический характер и противоправность своих действий (бездействия) либо руководить ими вследствие хронического психического расстройства, временного психического расстройства, слабоумия или иного болезненного состояния психики.
Статья 2.9. Возможность освобождения от административной ответственности при малозначительности административного правонарушения
При малозначительности совершенного административного правонарушения судья, орган, должностное лицо, уполномоченные решить дело об административном правонарушении, могут освободить лицо, совершившее административное правонарушение, от административной ответственности и ограничиться устным замечанием.
Статья 2.10. Административная ответственность юридических лиц
1. Юридические лица подлежат административной ответственности за совершение административных правонарушений в случаях, предусмотренных статьями раздела II настоящего Кодекса или законами субъектов Российской Федерации об административных правонарушениях.
2. В случае, если в статьях разделов I, III, IV, V настоящего Кодекса не указано, что установленные данными статьями нормы применяются только к физическому лицу или только к юридическому лицу, данные нормы в равной мере действуют в отношении и физического, и юридического лица, за исключением случаев, если по смыслу данные нормы относятся и могут быть применены только к физическому лицу.
3. При слиянии нескольких юридических лиц к административной ответственности за совершение административного правонарушения привлекается вновь возникшее юридическое лицо.
4. При присоединении юридического лица к другому юридическому лицу к административной ответственности за совершение административного правонарушения привлекается присоединившее юридическое лицо.
5. При разделении юридического лица или при выделении из состава юридического лица одного или нескольких юридических лиц к административной ответственности за совершение административного правонарушения привлекается то юридическое лицо, к которому согласно разделительному балансу перешли права и обязанности по заключенным сделкам или имуществу, в связи с которыми было совершено административное правонарушение.
6. При преобразовании юридического лица одного вида в юридическое лицо другого вида к административной ответственности за совершение административного правонарушения привлекается вновь возникшее юридическое лицо.
7. В случаях, указанных в частях 3 - 6 настоящей статьи, административная ответственность за совершение административного правонарушения наступает независимо от того, было ли известно привлекаемому к административной ответственности юридическому лицу о факте административного правонарушения до завершения реорганизации.
8. Административные наказания, назначенные в соответствии с пунктами 2 - 4 части 1 статьи 3.2 настоящего Кодекса юридическому лицу за совершение административного правонарушения до завершения реорганизации юридического лица, применяются с учетом положений частей 3 - 6 настоящей статьи.
9. В случае совершения административного правонарушения единоличным исполнительным органом юридического лица, имеющим статус юридического лица, административное наказание назначается ему в пределах санкции, предусмотренной для юридических лиц. (часть девятая введена Федеральным законом от 09.02.2009 N 9-ФЗ)
Глава 3. АДМИНИСТРАТИВНОЕ НАКАЗАНИЕ
Статья 3.1. Цели административного наказания
1. Административное наказание является установленной государством мерой ответственности за совершение административного правонарушения и применяется в целях предупреждения совершения новых правонарушений как самим правонарушителем, так и другими лицами.
2. Административное наказание не может иметь своей целью унижение человеческого достоинства физического лица, совершившего административное правонарушение, или причинение ему физических страданий, а также нанесение вреда деловой репутации юридического лица.
Статья 3.2. Виды административных наказаний
1. За совершение административных правонарушений могут устанавливаться и применяться следующие административные наказания:
1) предупреждение;
2) административный штраф;
3) утратил силу. - Федеральный закон от 28.12.2010 N 398-ФЗ;
4) конфискация орудия совершения или предмета административного правонарушения;
5) лишение специального права, предоставленного физическому лицу;
6) административный арест;
7) административное выдворение за пределы Российской Федерации иностранного гражданина или лица без гражданства;
8) дисквалификация;
9) административное приостановление деятельности. (п. 9 введен Федеральным законом от 09.05.2005 N 45-ФЗ)
2. В отношении юридического лица могут применяться административные наказания, перечисленные в пунктах 1 - 4, 9 части 1 настоящей статьи. (в ред. Федерального закона от 09.05.2005 N 45-ФЗ)
3. Административные наказания, перечисленные в пунктах 3 - 9 части 1 настоящей статьи, устанавливаются только настоящим Кодексом. (в ред. Федерального закона от 09.05.2005 N 45-ФЗ)
Статья 3.3. Основные и дополнительные административные наказания
1. Предупреждение, административный штраф, лишение специального права, предоставленного
физическому лицу, административный арест, дисквалификация и административное приостановление деятельности могут устанавливаться и применяться только в качестве основных административных наказаний. (в ред. Федерального закона от 09.05.2005 N 45-ФЗ)
2. Конфискация орудия совершения или предмета административного правонарушения, а также административное выдворение за пределы Российской Федерации иностранного гражданина или лица без гражданства может устанавливаться и применяться в качестве как основного, так и дополнительного административного наказания. (в ред. Федерального закона от 28.12.2010 N 398-ФЗ)
3. За одно административное правонарушение может быть назначено основное либо основное и дополнительное административное наказание из наказаний, указанных в санкции применяемой статьи Особенной части настоящего Кодекса или закона субъекта Российской Федерации об административной ответственности.
Статья 3.4. Предупреждение
(в ред. Федерального закона от 27.07.2010 N 239-ФЗ)
1. Предупреждение - мера административного наказания, выраженная в официальном порицании физического или юридического лица. Предупреждение выносится в письменной форме.
2. Предупреждение устанавливается за впервые совершенные административные правонарушения при отсутствии причинения вреда или возникновения угрозы причинения вреда жизни и здоровью людей, объектам животного и растительного мира, окружающей среде, объектам культурного наследия (памятникам истории и культуры) народов Российской Федерации, безопасности государства, угрозы чрезвычайных ситуаций природного и техногенного характера, а также при отсутствии имущественного ущерба.
Статья 3.5. Административный штраф
(в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
1. Административный штраф является денежным взысканием, выражается в рублях и устанавливается для граждан в размере, не превышающем пяти тысяч рублей; для должностных лиц - пятидесяти тысяч рублей; для юридических лиц - одного миллиона рублей, а в случаях, предусмотренных статьями 14.40, 14.42 настоящего Кодекса, - пяти миллионов рублей, или может выражаться в величине, кратной: (в ред. Федерального закона от 28.12.2010 N 411-ФЗ)
1) стоимости предмета административного правонарушения на момент окончания или пресечения административного правонарушения;
2) сумме неуплаченных и подлежащих уплате на момент окончания или пресечения административного правонарушения налогов, сборов или таможенных пошлин, либо сумме незаконной валютной операции, либо сумме денежных средств или стоимости внутренних и внешних ценных бумаг, списанных и (или) зачисленных с невыполнением установленного требования о резервировании, либо сумме валютной выручки, не проданной в установленном порядке, либо сумме денежных средств, не зачисленных в установленный срок на счета в уполномоченных банках, либо сумме денежных средств, кратной размеру ставки рефинансирования Центрального банка Российской Федерации от суммы денежных средств, зачисленных на счета в уполномоченных банках с нарушением установленного срока, либо сумме денежных средств, не возвращенных в установленный срок в Российскую Федерацию, либо сумме денежных средств, стоимости ценных бумаг, иного имущества или стоимости услуг имущественного характера, незаконно переданных или оказанных от имени юридического лица, либо сумме неуплаченного административного штрафа; (в ред. Федеральных законов от 25.12.2008 N 280-ФЗ, от 16.11.2011 N 312-ФЗ)
3) сумме выручки правонарушителя от реализации товара (работы, услуги), на рынке которого совершено административное правонарушение, за календарный год, предшествующий году, в котором было выявлено административное правонарушение, либо за предшествующую дате выявления
административного правонарушения часть календарного года, в котором было выявлено административное правонарушение, если правонарушитель не осуществлял деятельность по реализации товара (работы, услуги) в предшествующем календарном году;
4) сумме выручки правонарушителя, полученной от реализации товара (работы, услуги) вследствие неправомерного завышения регулируемых государством цен (тарифов, расценок, ставок и тому подобного) за весь период, в течение которого совершалось правонарушение, но не более одного года; (п. 4 введен Федеральным законом от 25.12.2008 N 281-ФЗ)
5) начальной (максимальной) цене государственного или муниципального контракта при размещении заказа на поставки товаров, выполнение работ, оказание услуг для государственных или муниципальных нужд, а также гражданско-правового договора бюджетного учреждения при размещении заказа на поставки товаров, выполнение работ, оказание услуг для нужд бюджетного учреждения (далее также - контракты на поставки товаров, выполнение работ, оказание услуг для нужд заказчиков или контракты); (п. 5 введен Федеральным законом от 17.07.2009 N 160-ФЗ, в ред. Федерального закона от 08.05.2010 N 83-ФЗ)
6) сумме излишнего дохода либо сумме убытков, которых лицо избежало в результате неправомерного использования инсайдерской информации и (или) манипулирования рынком. (п. 6 введен Федеральным законом от 27.07.2010 N 224-ФЗ)
2. Размер административного штрафа не может быть менее ста рублей.
3. Размер административного штрафа, исчисляемого исходя из стоимости предмета административного правонарушения, а также исходя из суммы неуплаченных налогов, сборов или таможенных пошлин, либо суммы незаконной валютной операции, либо суммы денежных средств или стоимости внутренних и внешних ценных бумаг, списанных и (или) зачисленных с невыполнением установленного требования о резервировании, либо суммы валютной выручки, не проданной в установленном порядке, либо суммы денежных средств, не зачисленных в установленный срок на счета в уполномоченных банках, либо суммы денежных средств, кратной размеру ставки рефинансирования Центрального банка Российской Федерации от суммы денежных средств, зачисленных на счета в уполномоченных банках с нарушением установленного срока, либо суммы денежных средств, не возвращенных в установленный срок в Российскую Федерацию, либо сумме денежных средств, стоимости ценных бумаг, иного имущества или стоимости услуг имущественного характера, незаконно переданных или оказанных от имени юридического лица, не может превышать трехкратный размер стоимости предмета административного правонарушения либо соответствующей суммы или стоимости, в случаях, предусмотренных статьями 7.27 и 7.27.1 настоящего Кодекса, не может превышать пятикратный размер стоимости похищенного имущества, а в случае, предусмотренном статьей 19.28 настоящего Кодекса, - стократный размер суммы денежных средств, стоимости ценных бумаг, иного имущества, услуг имущественного характера, иных имущественных прав, незаконно переданных или оказанных либо обещанных или предложенных от имени юридического лица. (в ред. Федеральных законов от 16.05.2008 N 74-ФЗ, от 25.12.2008 N 280-ФЗ, от 04.05.2011 N 97-ФЗ, от 16.11.2011 N 312-ФЗ, от 07.12.2011 N 420-ФЗ)
4. Размер административного штрафа, исчисляемого исходя из суммы выручки правонарушителя от реализации товара (работы, услуги), на рынке которого совершено административное правонарушение, не может превышать одну двадцать пятую совокупного размера суммы выручки от реализации всех товаров (работ, услуг) за календарный год, предшествующий году, в котором было выявлено административное правонарушение, либо за предшествующую дате выявления административного правонарушения часть календарного года, в котором было выявлено административное правонарушение, если правонарушитель не осуществлял деятельность по реализации товаров (работ, услуг) в предшествующем календарном году.
4.1. Размер административного штрафа, исчисляемого исходя из суммы выручки правонарушителя, полученной от реализации товара (работы, услуги) вследствие неправомерного завышения регулируемых государством цен (тарифов, расценок, ставок и тому подобного), не может превышать двукратную величину излишне полученной выручки за весь период регулирования, в течение которого совершалось правонарушение, но не более одного года. (часть четвертая.1 введена Федеральным законом от 25.12.2008 N 281-ФЗ)
5. Сумма административного штрафа подлежит зачислению в бюджет в полном объеме в соответствии с законодательством Российской Федерации.
6. Административный штраф не может применяться к сержантам, старшинам, солдатам и матросам, проходящим военную службу по призыву, а также к курсантам военных образовательных учреждений профессионального образования до заключения с ними контракта о прохождении военной службы.
Статья 3.6. Утратила силу. - Федеральный закон от 28.12.2010 N 398-ФЗ.
Статья 3.7. Конфискация орудия совершения или предмета административного правонарушения
О проверке конституционности части 1 статьи 3.7 КоАП РФ см. Постановление Конституционного Суда РФ от 25.04.2011 N 6-П.
1. Конфискацией орудия совершения или предмета административного правонарушения является принудительное безвозмездное обращение в федеральную собственность или в собственность субъекта Российской Федерации не изъятых из оборота вещей. Конфискация назначается судьей.
2. Конфискация охотничьего оружия, боевых припасов и других дозволенных орудий охоты или рыболовства не может применяться к лицам, для которых охота или рыболовство является основным законным источником средств к существованию.
3. Не является конфискацией изъятие из незаконного владения лица, совершившего административное правонарушение, орудия совершения или предмета административного правонарушения:
подлежащих в соответствии с федеральным законом возвращению их законному собственнику;
изъятых из оборота либо находившихся в противоправном владении лица, совершившего административное правонарушение, по иным причинам и на этом основании подлежащих обращению в собственность государства или уничтожению.
Статья 3.8. Лишение специального права
1. Лишение физического лица, совершившего административное правонарушение, ранее предоставленного ему специального права устанавливается за грубое или систематическое нарушение порядка пользования этим правом в случаях, предусмотренных статьями Особенной части настоящего Кодекса. Лишение специального права назначается судьей.
2. Срок лишения специального права не может быть менее одного месяца и более трех лет. (в ред. Федерального закона от 24.07.2007 N 210-ФЗ)
3. Лишение специального права в виде права управления транспортным средством не может применяться к лицу, которое пользуется транспортным средством в связи с инвалидностью, за исключением предусмотренных частями 1 и 3 статьи 12.8, статьей 12.26, частью 2 статьи 12.27 случаев управления транспортным средством в состоянии опьянения, уклонения от прохождения в установленном порядке медицинского освидетельствования на состояние опьянения, а также оставления указанным лицом в нарушение установленных правил места дорожно-транспортного происшествия, участником которого он являлся. (в ред. Федерального закона от 24.07.2007 N 210-ФЗ)
4. Лишение специального права в виде права осуществлять охоту не может применяться к лицам, для которых охота является основным законным источником средств к существованию. (часть четвертая в ред. Федерального закона от 24.07.2009 N 209-ФЗ)
Статья 3.9. Административный арест
1. Административный арест заключается в содержании нарушителя в условиях изоляции от общества и устанавливается на срок до пятнадцати суток, а за нарушение требований режима чрезвычайного положения или правового режима контртеррористической операции до тридцати суток. Административный арест назначается судьей. (в ред. Федерального закона от 27.07.2006 N 153-ФЗ)
2. Административный арест устанавливается и назначается лишь в исключительных случаях за
отдельные виды административных правонарушений и не может применяться к беременным женщинам, женщинам, имеющим детей в возрасте до четырнадцати лет, лицам, не достигшим возраста восемнадцати лет, инвалидам I и II групп, военнослужащим, гражданам, призванным на военные сборы, а также к имеющим специальные звания сотрудникам органов внутренних дел, органов и учреждений уголовно-исполнительной системы, Государственной противопожарной службы, органов по контролю за оборотом наркотических средств и психотропных веществ и таможенных органов. (в ред. Федерального закона от 04.12.2006 N 203-ФЗ)
3. Срок административного задержания включается в срок административного ареста.
Статья 3.10. Административное выдворение за пределы Российской Федерации иностранного гражданина или лица без гражданства
1. Административное выдворение за пределы Российской Федерации иностранных граждан или лиц без гражданства заключается в принудительном и контролируемом перемещении указанных граждан и лиц через Государственную границу Российской Федерации за пределы Российской Федерации (далее - принудительное выдворение за пределы Российской Федерации), а в случаях, предусмотренных законодательством Российской Федерации, - в контролируемом самостоятельном выезде иностранных граждан и лиц без гражданства из Российской Федерации. (в ред. Федерального закона от 06.12.2011 N 410-ФЗ)
2. Административное выдворение за пределы Российской Федерации как мера административного наказания устанавливается в отношении иностранных граждан или лиц без гражданства и назначается судьей, а в случае совершения иностранным гражданином или лицом без гражданства административного правонарушения при въезде в Российскую Федерацию - соответствующими должностными лицами.
3. Административное выдворение за пределы Российской Федерации не может применяться к военнослужащим - иностранным гражданам. (часть третья введена Федеральным законом от 04.12.2006 N 203-ФЗ)
4. При назначении административного наказания в виде административного выдворения за пределы Российской Федерации иностранного гражданина или лица без гражданства судья принимает решение о его принудительном выдворении за пределы Российской Федерации или контролируемом самостоятельном выезде из Российской Федерации. (часть 4 введена Федеральным законом от 06.12.2011 N 410-ФЗ)
Положения части 5 статьи 3.10 (в редакции Федерального закона от 06.12.2011 N 410-ФЗ) применяются по мере создания в установленном порядке органами исполнительной власти субъектов Российской Федерации специальных учреждений для содержания иностранных граждан и лиц без гражданства, подлежащих административному выдворению за пределы Российской Федерации или депортации (Федеральный закон от 06.12.2011 N 410-ФЗ).
5. В целях исполнения назначенного иностранному гражданину или лицу без гражданства административного наказания в виде принудительного выдворения за пределы Российской Федерации судья вправе применить к таким лицам содержание в специальном учреждении для помещения иностранных граждан и лиц без гражданства, подлежащих административному выдворению за пределы Российской Федерации. (часть 5 введена Федеральным законом от 06.12.2011 N 410-ФЗ)
6. Административное наказание в виде контролируемого самостоятельного выезда из Российской Федерации может быть назначено иностранному гражданину или лицу без гражданства в случае осуществления административного выдворения за пределы Российской Федерации за счет средств таких иностранного гражданина или лица без гражданства либо за счет средств пригласившего их органа, дипломатического представительства или консульского учреждения иностранного государства, гражданином которого является выдворяемый иностранный гражданин, международной организации либо ее представительства, физического или юридического лица, указанных в статье 16 Федерального закона от 25 июля 2002 года N 115-ФЗ "О правовом положении иностранных граждан в Российской Федерации". (часть 6 введена Федеральным законом от 06.12.2011 N 410-ФЗ)
Статья 3.11. Дисквалификация
(в ред. Федерального закона от 17.07.2009 N 160-ФЗ)
1. Дисквалификация заключается в лишении физического лица права замещать должности федеральной государственной гражданской службы, должности государственной гражданской службы субъекта Российской Федерации, должности муниципальной службы, занимать должности в исполнительном органе управления юридического лица, входить в совет директоров (наблюдательный совет), осуществлять предпринимательскую деятельность по управлению юридическим лицом, осуществлять управление юридическим лицом в иных случаях, предусмотренных законодательством Российской Федерации, либо осуществлять деятельность в сфере подготовки спортсменов (включая их медицинское обеспечение) и организации и проведения спортивных мероприятий. Административное наказание в виде дисквалификации назначается судьей. (в ред. Федерального закона от 06.12.2011 N 413-ФЗ)
2. Дисквалификация устанавливается на срок от шести месяцев до трех лет.
3. Дисквалификация может быть применена к лицам, замещающим должности федеральной государственной гражданской службы, должности государственной гражданской службы субъекта Российской Федерации, должности муниципальной службы, к лицам, осуществляющим организационно-распорядительные или административно-хозяйственные функции в органе юридического лица, к членам совета директоров (наблюдательного совета), к лицам, осуществляющим предпринимательскую деятельность без образования юридического лица, к лицам, занимающимся частной практикой, либо к тренерам, специалистам по спортивной медицине или иным специалистам в области физической культуры и спорта, занимающим должности, предусмотренные перечнем, утвержденным в соответствии с законодательством Российской Федерации. (в ред. Федерального закона от 06.12.2011 N 413-ФЗ)
Статья 3.12. Административное приостановление деятельности
(введена Федеральным законом от 09.05.2005 N 45-ФЗ)
1. Административное приостановление деятельности заключается во временном прекращении деятельности лиц, осуществляющих предпринимательскую деятельность без образования юридического лица, юридических лиц, их филиалов, представительств, структурных подразделений, производственных участков, а также эксплуатации агрегатов, объектов, зданий или сооружений, осуществления отдельных видов деятельности (работ), оказания услуг. Административное приостановление деятельности применяется в случае угрозы жизни или здоровью людей, возникновения эпидемии, эпизоотии, заражения (засорения) подкарантинных объектов карантинными объектами, наступления радиационной аварии или техногенной катастрофы, причинения существенного вреда состоянию или качеству окружающей среды либо в случае совершения административного правонарушения в области оборота наркотических средств, психотропных веществ и их прекурсоров, растений, содержащих наркотические средства или психотропные вещества либо их прекурсоры, и их частей, содержащих наркотические средства или психотропные вещества либо их прекурсоры, в области противодействия легализации (отмыванию) доходов, полученных преступным путем, и финансированию терроризма, в области установленных в соответствии с федеральным законом в отношении иностранных граждан, лиц без гражданства и иностранных организаций ограничений на осуществление отдельных видов деятельности, в области правил привлечения иностранных граждан и лиц без гражданства к трудовой деятельности, осуществляемой на торговых объектах (в том числе в торговых комплексах), в области порядка управления, в области общественного порядка и общественной безопасности, в области градостроительной деятельности, в области транспортной безопасности. (в ред. Федеральных законов от 05.11.2006 N 189-ФЗ, от 18.12.2006 N 232-ФЗ, от 24.07.2007 N 211-ФЗ, от 19.05.2010 N 87-ФЗ, от 27.07.2010 N 195-ФЗ)
Административное приостановление деятельности назначается только в случаях, предусмотренных статьями Особенной части настоящего Кодекса, если менее строгий вид административного наказания не сможет обеспечить достижение цели административного наказания. (в ред. Федерального закона от 23.07.2010 N 171-ФЗ)
Административное приостановление деятельности назначается судьей. За административное правонарушение, предусмотренное частью 3 статьи 9.1 настоящего Кодекса (в части грубого нарушения требований промышленной безопасности), административное приостановление деятельности назначается должностными лицами, указанными в пунктах 1 и 4 части 2 статьи 23.31 настоящего Кодекса.
(абзац введен Федеральным законом от 28.12.2010 N 421-ФЗ)
2. Административное приостановление деятельности устанавливается на срок до девяноста суток. Срок административного приостановления деятельности исчисляется с момента фактического приостановления деятельности лиц, осуществляющих предпринимательскую деятельность без образования юридического лица, юридических лиц, их филиалов, представительств, структурных подразделений, производственных участков, а также эксплуатации агрегатов, объектов, зданий или сооружений, осуществления отдельных видов деятельности (работ), оказания услуг. (в ред. Федерального закона от 18.07.2011 N 225-ФЗ)
3. Судья, орган, должностное лицо, назначившие административное наказание в виде административного приостановления деятельности, на основании ходатайства лица, осуществляющего предпринимательскую деятельность без образования юридического лица, или юридического лица досрочно прекращают исполнение административного наказания в виде административного приостановления деятельности, если будет установлено, что устранены обстоятельства, указанные в части 1 настоящей статьи, послужившие основанием для назначения данного административного наказания. (в ред. Федерального закона от 23.07.2010 N 171-ФЗ)
Глава 4. НАЗНАЧЕНИЕ АДМИНИСТРАТИВНОГО НАКАЗАНИЯ
Статья 4.1. Общие правила назначения административного наказания
1. Административное наказание за совершение административного правонарушения назначается в пределах, установленных законом, предусматривающим ответственность за данное административное правонарушение, в соответствии с настоящим Кодексом.
2. При назначении административного наказания физическому лицу учитываются характер совершенного им административного правонарушения, личность виновного, его имущественное положение, обстоятельства, смягчающие административную ответственность, и обстоятельства, отягчающие административную ответственность.
3. При назначении административного наказания юридическому лицу учитываются характер совершенного им административного правонарушения, имущественное и финансовое положение юридического лица, обстоятельства, смягчающие административную ответственность, и обстоятельства, отягчающие административную ответственность.
3.1. В случаях, предусмотренных частью 3 статьи 28.6 настоящего Кодекса, административное наказание назначается в виде административного штрафа. При этом размер назначаемого административного штрафа должен быть наименьшим в пределах санкции применяемой статьи или части статьи Особенной части настоящего Кодекса, а в случаях, когда в санкции применяемой статьи или части статьи Особенной части настоящего Кодекса предусмотрено административное наказание в виде лишения права управления транспортными средствами или административного ареста, административное наказание назначается в виде административного штрафа в наибольшем размере, предусмотренном для граждан частью 1 статьи 3.5 настоящего Кодекса. (часть 3.1 введена Федеральным законом от 24.07.2007 N 210-ФЗ, в ред. Федерального закона от 23.07.2010 N 175-ФЗ)
4. Назначение административного наказания не освобождает лицо от исполнения обязанности, за неисполнение которой административное наказание было назначено.
5. Никто не может нести административную ответственность дважды за одно и то же административное правонарушение.
Статья 4.2. Обстоятельства, смягчающие административную ответственность
1. Обстоятельствами, смягчающими административную ответственность, признаются:
1) раскаяние лица, совершившего административное правонарушение;
2) добровольное прекращение противоправного поведения лицом, совершившим административное правонарушение;
3) добровольное сообщение лицом, совершившим административное правонарушение, в орган, уполномоченный осуществлять производство по делу об административном правонарушении, о совершенном административном правонарушении;
4) оказание лицом, совершившим административное правонарушение, содействия органу, уполномоченному осуществлять производство по делу об административном правонарушении, в установлении обстоятельств, подлежащих установлению по делу об административном правонарушении;
5) предотвращение лицом, совершившим административное правонарушение, вредных последствий административного правонарушения;
6) добровольное возмещение лицом, совершившим административное правонарушение, причиненного ущерба или добровольное устранение причиненного вреда;
7) добровольное исполнение до вынесения постановления по делу об административном правонарушении лицом, совершившим административное правонарушение, предписания об устранении допущенного нарушения, выданного ему органом, осуществляющим государственный контроль (надзор);
8) совершение административного правонарушения в состоянии сильного душевного волнения (аффекта) либо при стечении тяжелых личных или семейных обстоятельств;
9) совершение административного правонарушения несовершеннолетним;
10) совершение административного правонарушения беременной женщиной или женщиной, имеющей малолетнего ребенка. (часть 1 в ред. Федерального закона от 06.12.2011 N 404-ФЗ)
2. Судья, орган, должностное лицо, рассматривающие дело об административном правонарушении, могут признать смягчающими обстоятельства, не указанные в настоящем Кодексе или в законах субъектов Российской Федерации об административных правонарушениях.
3. Настоящим Кодексом могут быть предусмотрены иные обстоятельства, смягчающие административную ответственность за совершение отдельных административных правонарушений, а также особенности учета обстоятельств, смягчающих административную ответственность, при назначении административного наказания за совершение отдельных административных правонарушений. (часть 3 введена Федеральным законом от 06.12.2011 N 404-ФЗ)
Статья 4.3. Обстоятельства, отягчающие административную ответственность
1. Обстоятельствами, отягчающими административную ответственность, признаются:
1) продолжение противоправного поведения, несмотря на требование уполномоченных на то лиц прекратить его;
2) повторное совершение однородного административного правонарушения, если за совершение первого административного правонарушения лицо уже подвергалось административному наказанию, по которому не истек срок, предусмотренный статьей 4.6 настоящего Кодекса;
3) вовлечение несовершеннолетнего в совершение административного правонарушения;
4) совершение административного правонарушения группой лиц;
5) совершение административного правонарушения в условиях стихийного бедствия или при других чрезвычайных обстоятельствах;
6) совершение административного правонарушения в состоянии опьянения.
Судья, орган, должностное лицо, назначающие административное наказание, в зависимости от характера совершенного административного правонарушения могут не признать данное обстоятельство отягчающим.
2. Обстоятельства, предусмотренные частью 1 настоящей статьи, не могут учитываться как отягчающие в случае, если указанные обстоятельства предусмотрены в качестве квалифицирующего
признака административного правонарушения соответствующими нормами об административной ответственности за совершение административного правонарушения.
3. Настоящим Кодексом могут быть предусмотрены иные обстоятельства, отягчающие административную ответственность за совершение отдельных административных правонарушений, а также особенности учета обстоятельств, отягчающих административную ответственность, при назначении административного наказания за совершение отдельных административных правонарушений. (часть 3 введена Федеральным законом от 06.12.2011 N 404-ФЗ)
Статья 4.4. Назначение административных наказаний за совершение нескольких административных правонарушений
(в ред. Федерального закона от 20.08.2004 N 118-ФЗ)
1. При совершении лицом двух и более административных правонарушений административное наказание назначается за каждое совершенное административное правонарушение.
2. При совершении лицом одного действия (бездействия), содержащего составы административных правонарушений, ответственность за которые предусмотрена двумя и более статьями (частями статей) настоящего Кодекса и рассмотрение дел о которых подведомственно одному и тому же судье, органу, должностному лицу, административное наказание назначается в пределах санкции, предусматривающей назначение лицу, совершившему указанное действие (бездействие), более строгого административного наказания.
3. В случае, предусмотренном частью 2 настоящей статьи, административное наказание назначается:
1) в пределах санкции, не предусматривающей назначение административного наказания в виде предупреждения, если одной из указанных санкций предусматривается назначение административного наказания в виде предупреждения;
2) в пределах санкции, при применении которой может быть назначен наибольший административный штраф в денежном выражении, если указанными санкциями предусматривается назначение административного наказания в виде административного штрафа.
4. При назначении административного наказания в соответствии с частями 2 и 3 настоящей статьи могут быть назначены дополнительные административные наказания, предусмотренные каждой из соответствующих санкций.
Статья 4.5. Давность привлечения к административной ответственности
1. Постановление по делу об административном правонарушении не может быть вынесено по истечении двух месяцев (по делу об административном правонарушении, рассматриваемому судьей, - по истечении трех месяцев) со дня совершения административного правонарушения, за нарушение законодательства Российской Федерации об экспортном контроле, о внутренних морских водах, территориальном море, континентальном шельфе, об исключительной экономической зоне Российской Федерации, патентного, антимонопольного, бюджетного, валютного законодательства Российской Федерации и актов органов валютного регулирования, законодательства Российской Федерации об охране окружающей среды, законодательства об энергосбережении и о повышении энергетической эффективности, законодательства Российской Федерации об охране здоровья граждан, в области санитарно- эпидемиологического благополучия населения, о безопасности дорожного движения (в части административных правонарушений, повлекших причинение легкого или средней тяжести вреда здоровью потерпевшего), об авторском праве и смежных правах, о товарных знаках, знаках обслуживания и наименованиях мест происхождения товаров, об использовании атомной энергии, о налогах и сборах, о защите прав потребителей, о государственном регулировании цен (тарифов), о естественных монополиях, об основах регулирования тарифов организаций коммунального комплекса, о рекламе, об электроэнергетике, о лотереях, о выборах и референдумах, об участии в долевом строительстве многоквартирных домов и (или) иных объектов недвижимости, о противодействии легализации (отмыванию) доходов, полученных преступным путем, и финансированию терроризма, об акционерных обществах, об обществах с ограниченной ответственностью, о рынке ценных бумаг, об инвестиционных фондах, о негосударственных пенсионных фондах, законодательства о противодействии неправомерному использованию инсайдерской информации и манипулированию рынком, а также за нарушение иммиграционных правил, правил пребывания (проживания) в Российской Федерации иностранных граждан
и лиц без гражданства, правил привлечения к трудовой деятельности в Российской Федерации иностранных граждан и лиц без гражданства (в том числе иностранных работников), законодательства о несостоятельности (банкротстве), о размещении заказов на поставки товаров, выполнение работ, оказание услуг для государственных и муниципальных нужд, об организации деятельности по продаже товаров (выполнению работ, оказанию услуг) на розничных рынках, о пожарной безопасности, о промышленной безопасности по истечении одного года со дня совершения административного правонарушения, за нарушение таможенного законодательства Таможенного союза в рамках ЕврАзЭС (далее - Таможенный союз) и (или) законодательства Российской Федерации о таможенном деле по истечении двух лет со дня совершения административного правонарушения, а за нарушение законодательства Российской Федерации о противодействии коррупции - по истечении шести лет со дня совершения административного правонарушения. (в ред. Федеральных законов от 30.10.2002 N 130-ФЗ, от 04.07.2003 N 94-ФЗ, от 11.11.2003 N 138-ФЗ, от 20.08.2004 N 118-ФЗ, от 30.12.2004 N 214-ФЗ, от 27.12.2005 N 193-ФЗ, от 02.02.2006 N 19-ФЗ, от 08.05.2006 N 65-ФЗ, от 27.07.2006 N 139-ФЗ, от 05.11.2006 N 189-ФЗ, от 29.12.2006 N 262-ФЗ, от 09.02.2007 N 19-ФЗ, от 19.07.2007 N 141-ФЗ, от 24.07.2007 N 210-ФЗ, от 25.12.2008 N 280-ФЗ, от 25.12.2008 N 281-ФЗ, от 30.12.2008 N 309-ФЗ, от 09.02.2009 N 9-ФЗ, от 17.07.2009 N 160-ФЗ, от 23.11.2009 N 261-ФЗ, от 28.12.2009 N 380-ФЗ, от 30.04.2010 N 69-ФЗ, от 23.07.2010 N 171-ФЗ, от 27.07.2010 N 224-ФЗ, от 04.05.2011 N 97-ФЗ, от 03.06.2011 N 120-ФЗ, от 06.12.2011 N 409-ФЗ)
2. При длящемся административном правонарушении сроки, предусмотренные частью 1 настоящей статьи, начинают исчисляться со дня обнаружения административного правонарушения.
3. За административные правонарушения, влекущие применение административного наказания в виде дисквалификации, лицо может быть привлечено к административной ответственности не позднее одного года со дня совершения административного правонарушения, а при длящемся административном правонарушении - одного года со дня его обнаружения.
Часть 4 статьи 4.5 признана не соответствующей Конституции РФ в той мере, в какой содержащаяся в ней норма позволяет в случае отказа в возбуждении уголовного дела или его прекращения, но при наличии в действиях лица признаков административного правонарушения исчислять срок давности привлечения к административной ответственности со дня принятия решения об отказе в возбуждении уголовного дела или о его прекращении (Постановление Конституционного Суда РФ от 13.07.2010 N 15-П). В соответствии с частью 3 статьи 79 Федерального конституционного закона от 21.07.1994 N 1-ФКЗ акты или их отдельные положения, признанные неконституционными, утрачивают силу.
4. В случае отказа в возбуждении уголовного дела или прекращения уголовного дела, но при наличии в действиях лица признаков административного правонарушения сроки, предусмотренные частью 1 настоящей статьи, начинают исчисляться со дня принятия решения об отказе в возбуждении уголовного дела или о его прекращении.
5. В случае удовлетворения ходатайства лица, в отношении которого ведется производство по делу об административном правонарушении, о рассмотрении дела по месту жительства данного лица срок давности привлечения к административной ответственности приостанавливается с момента удовлетворения данного ходатайства до момента поступления материалов дела судье, в орган, должностному лицу, уполномоченным рассматривать дело, по месту жительства лица, в отношении которого ведется производство по делу об административном правонарушении.
5.1. Срок давности привлечения к административной ответственности за административные правонарушения, предусмотренные статьей 6.18 настоящего Кодекса, в части использования запрещенной субстанции и (или) запрещенного метода начинает исчисляться со дня получения общероссийской антидопинговой организацией заключения лаборатории, аккредитованной Всемирным антидопинговым агентством, подтверждающего факт использования спортсменом запрещенной субстанции и (или) запрещенного метода. (часть 5.1 введена Федеральным законом от 06.12.2011 N 413-ФЗ)
6. Срок давности привлечения к административной ответственности за административные правонарушения, предусмотренные статьями 14.9, 14.31, 14.31.1 - 14.33 настоящего Кодекса, начинает исчисляться со дня вступления в силу решения комиссии антимонопольного органа, которым установлен факт нарушения антимонопольного законодательства Российской Федерации. (часть шестая введена Федеральным законом от 17.07.2009 N 160-ФЗ)
Статья 4.6. Срок, в течение которого лицо считается подвергнутым административному наказанию
Лицо, которому назначено административное наказание за совершение административного правонарушения, считается подвергнутым данному наказанию в течение одного года со дня окончания исполнения постановления о назначении административного наказания.
Статья 4.7. Возмещение имущественного ущерба и морального вреда, причиненных административным правонарушением
1. Судья, рассматривая дело об административном правонарушении, вправе при отсутствии спора о возмещении имущественного ущерба одновременно с назначением административного наказания решить вопрос о возмещении имущественного ущерба.
Споры о возмещении имущественного ущерба разрешаются судом в порядке гражданского судопроизводства.
2. По делу об административном правонарушении, рассматриваемому иными уполномоченными органом или должностным лицом, спор о возмещении имущественного ущерба разрешается судом в порядке гражданского судопроизводства.
3. Споры о возмещении морального вреда, причиненного административным правонарушением, рассматриваются судом в порядке гражданского судопроизводства.
Статья 4.8. Исчисление сроков
(введена Федеральным законом от 06.12.2011 N 409-ФЗ)
1. Сроки, предусмотренные настоящим Кодексом, исчисляются часами, сутками, днями, месяцами, годами. Течение срока, определенного периодом, начинается на следующий день после календарной даты или наступления события, которыми определено начало срока.
2. Срок, исчисляемый сутками, истекает в 24 часа последних суток. Срок, исчисляемый месяцами, истекает в соответствующее число последнего месяца, а если этот месяц не имеет соответствующего числа, срок истекает в последние сутки этого месяца. Срок, исчисляемый годами, истекает в соответствующие месяц и число последнего года.
3. Срок, исчисляемый днями, истекает в последний день установленного срока. Если окончание срока, исчисляемого днями, приходится на нерабочий день, последним днем срока считается первый следующий за ним рабочий день.
4. Если заявление, жалоба, другие документы либо денежные средства были сданы в организацию связи, кредитную организацию, заявлены или переданы в орган либо уполномоченному их принять лицу до 24 часов последнего дня срока, срок не считается пропущенным.
Примечание. Положения настоящей статьи не применяются, если другими статьями настоящего Кодекса установлен иной порядок исчисления сроков, а также при исчислении сроков административных наказаний.
Раздел II. ОСОБЕННАЯ ЧАСТЬ
Глава 5. АДМИНИСТРАТИВНЫЕ ПРАВОНАРУШЕНИЯ, ПОСЯГАЮЩИЕ НА ПРАВА ГРАЖДАН
Статья 5.1. Нарушение права гражданина на ознакомление со списком избирателей, участников референдума
Нарушение права гражданина на ознакомление со списком избирателей, участников референдума, либо нерассмотрение в установленный законом срок заявления о неправильности в списке избирателей, участников референдума, либо отказ выдать гражданину письменный ответ о причине отклонения заявления о внесении исправления в список избирателей, участников референдума -
влечет наложение административного штрафа в размере от одной тысячи до одной тысячи пятисот рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 5.2. Утратила силу. - Федеральный закон от 04.07.2003 N 94-ФЗ.
Статья 5.3. Неисполнение решения избирательной комиссии, комиссии референдума. Непредставление сведений и материалов по запросу избирательной комиссии, комиссии референдума (в ред. Федерального закона от 21.07.2005 N 93-ФЗ)
1. Неисполнение решения избирательной комиссии, комиссии референдума, принятого в пределах ее компетенции, - (в ред. Федерального закона от 21.07.2005 N 93-ФЗ)
влечет наложение административного штрафа на должностных лиц в размере от одной тысячи до двух тысяч рублей; на юридических лиц - от десяти тысяч до двадцати тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
2. Непредставление государственными органами, органами местного самоуправления, общественными объединениями, организациями независимо от формы собственности, в том числе организациями, осуществляющими теле- и (или) радиовещание, редакциями периодических печатных изданий, а также должностными лицами указанных органов и организаций в избирательную комиссию, комиссию референдума сведений и материалов, запрашиваемых комиссией в соответствии с законом, либо представление таких сведений и материалов с нарушением установленного законом срока, за исключением случаев, предусмотренных статьей 5.4 и частью 1 статьи 5.17 настоящего Кодекса, -
влечет наложение административного штрафа на должностных лиц в размере от одной тысячи до одной тысячи пятисот рублей; на юридических лиц - от десяти тысяч до пятнадцати тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ) (часть вторая введена Федеральным законом от 21.07.2005 N 93-ФЗ)
Статья 5.4. Нарушение порядка представления сведений об избирателях, участниках референдума
(в ред. Федерального закона от 04.07.2003 N 94-ФЗ)
Нарушение установленного законом порядка представления сведений об избирателях, участниках референдума либо представление недостоверных сведений об избирателях, участниках референдума соответствующим избирательным комиссиям должностным лицом, на которое законом возложена эта обязанность, -
влечет наложение административного штрафа на должностных лиц в размере от одной тысячи до пяти тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 5.5. Нарушение порядка участия средств массовой информации в информационном обеспечении выборов, референдумов
(в ред. Федерального закона от 04.07.2003 N 94-ФЗ)
1. Нарушение главным редактором, редакцией средства массовой информации, организацией, осуществляющей теле- и (или) радиовещание, либо иной организацией, осуществляющей выпуск или распространение средства массовой информации, порядка опубликования (обнародования) материалов, связанных с подготовкой и проведением выборов, референдумов, в том числе агитационных материалов, а равно нарушение в период избирательной кампании, кампании референдума порядка опубликования (обнародования) указанных материалов в информационно-телекоммуникационных сетях, доступ к которым не ограничен определенным кругом лиц, - (в ред. Федеральных законов от 21.07.2005 N 93-ФЗ, от 11.07.2011 N 200-ФЗ)
влечет наложение административного штрафа на граждан в размере от пятисот до двух тысяч пятисот рублей, на должностных лиц - от одной тысячи до пяти тысяч рублей; на юридических лиц - от тридцати тысяч до ста тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
2. Непредоставление государственной или муниципальной организацией, осуществляющей теле- и (или) радиовещание, редакцией государственного или муниципального периодического печатного издания
избирательной комиссии, комиссии референдума на безвозмездной основе, а равно в установленный законом срок соответственно эфирного времени, печатной площади для информирования избирателей, участников референдума, ответов на вопросы граждан, обнародования решений и актов избирательной комиссии, комиссии референдума, а также для размещения иной информации, обнародование которой предусмотрено законодательством о выборах и референдумах, -
влечет наложение административного штрафа на должностных лиц в размере от трех тысяч до четырех тысяч рублей; на юридических лиц - от двадцати тысяч до тридцати тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ) (часть вторая введена Федеральным законом от 21.07.2005 N 93-ФЗ)
Статья 5.6. Нарушение прав члена избирательной комиссии, комиссии референдума, наблюдателя, иностранного (международного) наблюдателя, доверенного лица или уполномоченного представителя кандидата, избирательного объединения, члена или уполномоченного представителя инициативной группы по проведению референдума, иной группы участников референдума либо представителя средства массовой информации (в ред. Федерального закона от 21.07.2005 N 93-ФЗ)
(в ред. Федерального закона от 04.07.2003 N 94-ФЗ)
1. Нарушение прав члена избирательной комиссии, комиссии референдума, наблюдателя, иностранного (международного) наблюдателя, доверенного лица или уполномоченного представителя кандидата, избирательного объединения, члена или уполномоченного представителя инициативной группы по проведению референдума, иной группы участников референдума либо представителя средства массовой информации на осуществление наблюдения и на своевременное получение информации и копий избирательных документов, документов референдума, получение которых предусмотрено законом, - (в ред. Федерального закона от 21.07.2005 N 93-ФЗ)
влечет наложение административного штрафа на граждан в размере от пятисот до одной тысячи рублей; на должностных лиц - от одной тысячи до двух тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
2. Выдача председателем, заместителем председателя, секретарем или иным членом избирательной комиссии, комиссии референдума с правом решающего голоса лицам, указанным в части 1 настоящей статьи, заверенной копии протокола избирательной комиссии, комиссии референдума об итогах голосования, о результатах выборов или референдума, содержащей данные, которые не соответствуют данным, содержащимся в первом экземпляре соответствующего протокола, либо заверение председателем, заместителем председателя, секретарем или иным членом избирательной комиссии, комиссии референдума с правом решающего голоса копии протокола с нарушением требований, предусмотренных законом, -
влечет наложение административного штрафа в размере от одной тысячи пятисот до двух тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ) (часть вторая введена Федеральным законом от 21.07.2005 N 93-ФЗ)
Статья 5.7. Отказ в предоставлении отпуска для участия в выборах, референдуме
Отказ работодателя предоставить предусмотренный законом отпуск зарегистрированному кандидату, доверенному лицу зарегистрированного кандидата, избирательного объединения для проведения агитационной и иной предусмотренной законом деятельности, способствующей избранию зарегистрированного кандидата, списка кандидатов, а равно отказ работодателя освободить от работы в установленном законом порядке члена избирательной комиссии, комиссии референдума для участия в подготовке и проведении выборов, референдума - (в ред. Федерального закона от 21.07.2005 N 93-ФЗ)
влечет наложение административного штрафа в размере от одной тысячи пятисот до двух тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 5.8. Нарушение предусмотренных законодательством о выборах и референдумах порядка и условий проведения предвыборной агитации, агитации по вопросам референдума на каналах организаций, осуществляющих теле- и (или) радиовещание, и в периодических печатных изданиях
(в ред. Федерального закона от 04.07.2003 N 94-ФЗ)
Нарушение кандидатом, избирательным объединением, членом или уполномоченным представителем инициативной группы по проведению референдума, иной группы участников референдума, иным лицом, уполномоченным выступать от имени кандидата, избирательного объединения или привлеченным указанными лицами к проведению предвыборной агитации, либо лицом, замещающим государственную должность или выборную муниципальную должность, предусмотренных законодательством о выборах и референдумах порядка и условий проведения предвыборной агитации, агитации по вопросам референдума на каналах организаций, осуществляющих теле- и (или) радиовещание, и в периодических печатных изданиях - (в ред. Федерального закона от 21.07.2005 N 93-ФЗ)
влечет наложение административного штрафа на граждан в размере от одной тысячи до двух тысяч пятисот рублей; на должностных лиц - от двух тысяч до пяти тысяч рублей; на избирательные объединения, на иных юридических лиц - от двадцати тысяч до ста тысяч рублей. (в ред. Федеральных законов от 21.07.2005 N 93-ФЗ, от 22.06.2007 N 116-ФЗ)
Примечание. Утратило силу. - Федеральный закон от 21.07.2005 N 93-ФЗ.
Статья 5.9. Нарушение в ходе избирательной кампании условий рекламы предпринимательской и иной деятельности
Нарушение предусмотренных законодательством о выборах и референдумах условий рекламы предпринимательской и иной деятельности кандидатов, зарегистрированных кандидатов, избирательных объединений, иных лиц и организаций, на рекламирование предпринимательской и иной деятельности которых распространяются требования и ограничения, предусмотренные законодательством о выборах и референдумах, - (в ред. Федерального закона от 21.07.2005 N 93-ФЗ)
влечет наложение административного штрафа на граждан в размере от одной тысячи до одной тысячи пятисот рублей; на должностных лиц - от двух тысяч до трех тысяч рублей; на юридических лиц - от двадцати тысяч до тридцати тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 5.10. Проведение предвыборной агитации, агитации по вопросам референдума вне агитационного периода и в местах, где ее проведение запрещено законодательством о выборах и референдумах
(в ред. Федерального закона от 04.07.2003 N 94-ФЗ)
Предвыборная агитация, агитация по вопросам референдума вне агитационного периода, установленного законодательством о выборах и референдумах, либо в местах, где ее проведение запрещено законодательством о выборах и референдумах, -
влечет наложение административного штрафа на граждан в размере от одной тысячи до одной тысячи пятисот рублей; на должностных лиц - от двух тысяч до пяти тысяч рублей; на юридических лиц - от двадцати тысяч до ста тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 5.11. Проведение предвыборной агитации, агитации по вопросам референдума лицами, которым участие в ее проведении запрещено федеральным законом
(в ред. Федерального закона от 04.07.2003 N 94-ФЗ)
Проведение предвыборной агитации, агитации по вопросам референдума лицами, которым участие в ее проведении запрещено федеральным законом, а равно привлечение к проведению предвыборной агитации, агитации по вопросам референдума лиц, которые не достигнут на день голосования возраста 18 лет, в формах и методами, которые запрещены федеральным законом, - (в ред. Федерального закона от 21.07.2005 N 93-ФЗ)
влечет наложение административного штрафа на граждан в размере от одной тысячи до одной тысячи пятисот рублей; на должностных лиц - от двух тысяч до трех тысяч рублей; на юридических лиц - от двадцати тысяч до тридцати тысяч рублей.
(в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 5.12. Изготовление, распространение или размещение агитационных материалов с нарушением требований законодательства о выборах и референдумах (в ред. Федерального закона от 21.07.2005 N 93-ФЗ)
(в ред. Федерального закона от 04.07.2003 N 94-ФЗ)
1. Изготовление или распространение в период подготовки и проведения выборов, референдума печатных или аудиовизуальных агитационных материалов, не содержащих установленной федеральным законом информации об их тираже, дате выпуска, об оплате их изготовления из средств соответствующего избирательного фонда, фонда референдума, о наименовании, юридическом адресе и об идентификационном номере налогоплательщика организации либо о фамилии, об имени, отчестве, о месте жительства лица, изготовивших эти печатные или аудиовизуальные агитационные материалы, а также о наименовании организации либо о фамилии, об имени, отчестве лица, заказавших изготовление этих печатных или аудиовизуальных агитационных материалов, изготовление печатных или аудиовизуальных агитационных материалов, в которых перечисленные данные указаны неверно, изготовление или распространение печатных, аудиовизуальных и иных агитационных материалов, содержащих коммерческую рекламу, либо без предварительной оплаты за счет средств соответствующего избирательного фонда, фонда референдума, распространение печатных, аудиовизуальных и иных агитационных материалов без предоставления их экземпляра (копии) либо фотографии в соответствующую избирательную комиссию, комиссию референдума вместе со сведениями о месте нахождения (об адресе места жительства) организации (лица), изготовившей и заказавшей (изготовившего и заказавшего) эти материалы, а равно распространение печатных, аудиовизуальных и иных агитационных материалов с нарушением требований закона к использованию в них изображения физического лица, высказываний физического лица о кандидате, об избирательном объединении - (в ред. Федерального закона от 21.07.2005 N 93-ФЗ)
влечет наложение административного штрафа на граждан в размере от одной тысячи до одной тысячи пятисот рублей; на должностных лиц - от двух тысяч до трех тысяч рублей; на юридических лиц - от пятидесяти тысяч до ста тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
2. Размещение печатных агитационных материалов в местах, где это запрещено федеральным законом, либо размещение этих материалов в помещениях, зданиях, на сооружениях и иных объектах без разрешения собственников или владельцев указанных объектов -
влечет наложение административного штрафа на граждан в размере от пятисот до одной тысячи рублей; на должностных лиц - от одной тысячи пятисот до двух тысяч рублей; на юридических лиц - от двадцати тысяч до тридцати тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ) (часть вторая введена Федеральным законом от 21.07.2005 N 93-ФЗ)
Статья 5.13. Непредоставление возможности обнародовать опровержение или иное разъяснение в защиту чести, достоинства или деловой репутации
Непредоставление до окончания срока предвыборной агитации возможности обнародовать (опубликовать) опровержение или иное разъяснение в защиту чести, достоинства или деловой репутации зарегистрированного кандидата, деловой репутации избирательного объединения в случае обнародования (опубликования) в средствах массовой информации материалов, способных нанести ущерб чести, достоинству или деловой репутации зарегистрированного кандидата, деловой репутации избирательного объединения, если в соответствии с федеральным законом предоставление такой возможности является обязательным, - (в ред. Федерального закона от 21.07.2005 N 93-ФЗ)
влечет наложение административного штрафа на должностных лиц в размере от двух тысяч до трех тысяч рублей; на юридических лиц - от десяти тысяч до двадцати тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 5.14. Умышленное уничтожение или повреждение печатных материалов, относящихся к выборам, референдуму
Умышленное уничтожение или повреждение информационных либо агитационных печатных
материалов, вывешенных в соответствии с законом на зданиях, сооружениях или иных объектах с согласия их собственника или владельца в ходе избирательной кампании, подготовки или проведения референдума, либо нанесение надписей или изображений на информационные либо агитационные печатные материалы -
влечет наложение административного штрафа в размере от пятисот до одной тысячи рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Положения статьи 5.15 в редакции Федерального закона от 27.07.2010 N 222-ФЗ применяются к правоотношениям, возникшим в связи с проведением выборов и референдумов, назначенных после дня вступления в силу указанного Закона.
Статья 5.15. Нарушение установленных законодательством о выборах и референдумах порядка и сроков уведомления избирательной комиссии о факте предоставления помещений и права на предоставление помещений для встреч с избирателями, участниками референдума
(в ред. Федерального закона от 27.07.2010 N 222-ФЗ)
1. Нарушение установленных законодательством о выборах и референдумах порядка и сроков уведомления избирательной комиссии о факте предоставления зарегистрированному кандидату, избирательному объединению, инициативной группе по проведению референдума, иной группе участников референдума для встреч с избирателями, участниками референдума помещения, находящегося в государственной или муниципальной собственности либо в собственности организации, в уставном (складочном) капитале которой доля (вклад) Российской Федерации, субъектов Российской Федерации и (или) муниципальных образований превышает 30 процентов на день официального опубликования (публикации) решения о назначении выборов, официального опубликования решения о назначении референдума, об условиях, на которых помещение было предоставлено, а также о том, когда это помещение может быть предоставлено в течение агитационного периода другим зарегистрированным кандидатам, избирательным объединениям, инициативной группе по проведению референдума, иным группам участников референдума, -
влечет наложение административного штрафа на должностных лиц в размере от двух тысяч до трех тысяч рублей.
2. Нарушение установленного законодательством о выборах и референдумах права зарегистрированного кандидата, избирательного объединения, инициативной группы по проведению референдума, иной группы участников референдума на предоставление для встреч с избирателями, участниками референдума помещения, находящегося в государственной или муниципальной собственности либо в собственности организации, в уставном (складочном) капитале которой доля (вклад) Российской Федерации, субъектов Российской Федерации и (или) муниципальных образований превышает 30 процентов на день официального опубликования (публикации) решения о назначении выборов, официального опубликования решения о назначении референдума, или нарушение равных условий предоставления такого помещения -
влечет наложение административного штрафа на должностных лиц в размере от трех тысяч до пяти тысяч рублей.
Статья 5.16. Подкуп избирателей, участников референдума либо осуществление в период избирательной кампании, кампании референдума благотворительной деятельности с нарушением законодательства о выборах и референдумах
(в ред. Федерального закона от 04.07.2003 N 94-ФЗ)
Подкуп избирателей, участников референдума, если эти действия не содержат уголовно наказуемого деяния, либо осуществление благотворительной деятельности с нарушением законодательства о выборах и референдумах -
влечет наложение административного штрафа на граждан в размере от двух тысяч до двух тысяч пятисот рублей; на должностных лиц - от трех тысяч до четырех тысяч рублей; на юридических лиц - от тридцати тысяч до пятидесяти тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 5.17. Непредоставление или неопубликование отчета, сведений о поступлении и расходовании средств,
выделенных на подготовку и проведение выборов, референдума
(в ред. Федерального закона от 04.07.2003 N 94-ФЗ)
1. Непредоставление кандидатом, лицом, являвшимся кандидатом, лицом, избранным депутатом или на иную выборную должность, либо избирательным объединением, инициативной группой по проведению референдума, иной группой участников референдума, кредитной организацией в установленный законом срок отчета, сведений об источниках и о размерах средств, перечисленных в избирательный фонд, фонд референдума, и обо всех произведенных затратах на проведение избирательной кампании, кампании референдума, неполное предоставление в соответствии с законом таких сведений либо предоставление недостоверных отчета, сведений - (в ред. Федерального закона от 21.07.2005 N 93-ФЗ)
влекут наложение административного штрафа на кандидата, на лицо, являвшееся кандидатом, на лицо, избранное депутатом или на иную выборную должность, на уполномоченного представителя по финансовым вопросам избирательного объединения, инициативной группы по проведению референдума, иной группы участников референдума, на должностное лицо кредитной организации в размере от двух тысяч до двух тысяч пятисот рублей. (в ред. Федеральных законов от 21.07.2005 N 93-ФЗ, от 22.06.2007 N 116-ФЗ)
2. Непредоставление, не предусмотренное законом неполное предоставление либо несвоевременное предоставление председателем избирательной комиссии, комиссии референдума в средства массовой информации для опубликования сведений о поступлении и расходовании средств избирательных фондов, фондов референдума либо финансовых отчетов кандидатов, зарегистрированных кандидатов, избирательных объединений - (в ред. Федерального закона от 21.07.2005 N 93-ФЗ)
влечет наложение административного штрафа в размере от одной тысячи до двух тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 5.18. Незаконное использование денежных средств при финансировании избирательной кампании кандидата, избирательного объединения, деятельности инициативной группы по проведению референдума, иной группы участников референдума
(в ред. Федерального закона от 21.07.2005 N 93-ФЗ)
Использование кандидатом, избирательным объединением, инициативной группой по проведению референдума, иной группой участников референдума при финансировании своей избирательной кампании или кампании референдума денежных средств, не перечисленных в избирательный фонд, фонд референдума, или денежных средств, поступивших в избирательный фонд, фонд референдума с нарушением законодательства о выборах и референдумах, а равно расходование иными лицами в целях достижения определенного результата на выборах, референдуме денежных средств, не перечисленных в избирательный фонд, фонд референдума, если эти действия не содержат уголовно наказуемого деяния, либо превышение установленных законом предельных размеров расходования средств избирательного фонда, фонда референдума, либо расходование денежных средств избирательного фонда, фонда референдума на не предусмотренные законодательством о выборах и референдумах цели -
влечет наложение административного штрафа на граждан в размере от двух тысяч до двух тысяч пятисот рублей; на юридических лиц - от тридцати тысяч до ста тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 5.19. Использование незаконной материальной поддержки при финансировании избирательной кампании, кампании референдума
(в ред. Федерального закона от 21.07.2005 N 93-ФЗ)
Использование в ходе проведения избирательной кампании, подготовки и проведения референдума кандидатом, избирательным объединением, инициативной группой по проведению референдума, иной группой участников референдума, их уполномоченными представителями по финансовым вопросам в целях достижения определенного результата на выборах, референдуме без компенсации за счет средств соответствующего избирательного фонда, фонда референдума материальной поддержки, оказанной гражданами, юридическими лицами, их филиалами, представительствами и иными подразделениями
юридических лиц, за исключением использования избирательным объединением, выдвинувшим список кандидатов, без оплаты из средств избирательного фонда недвижимого и движимого имущества (за исключением ценных бумаг, печатной продукции и расходных материалов), находящегося в его пользовании на день официального опубликования (публикации) решения о назначении выборов, а также использование анонимной материальной поддержки, если эти действия не содержат уголовно наказуемого деяния, -
влечет наложение административного штрафа на кандидата, лицо, являвшееся кандидатом, уполномоченного представителя по финансовым вопросам кандидата, избирательного объединения, инициативной группы по проведению референдума, иной группы участников референдума в размере от двух тысяч до двух тысяч пятисот рублей с конфискацией предмета административного правонарушения; на избирательное объединение - от десяти тысяч до двадцати тысяч рублей с конфискацией предмета административного правонарушения. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 5.20. Незаконное финансирование избирательной кампании, кампании референдума, оказание запрещенной законом материальной поддержки, связанные с проведением выборов, референдума выполнение работ, оказание услуг, реализация товаров бесплатно или по необоснованно заниженным (завышенным) расценкам (в ред. Федерального закона от 21.07.2005 N 93-ФЗ)
(в ред. Федерального закона от 04.07.2003 N 94-ФЗ)
Оказание финансовой поддержки избирательной кампании кандидата, избирательного объединения, деятельности инициативной группы по проведению референдума, иной группы участников референдума помимо их избирательных фондов, фондов референдума, либо бесплатные или по необоснованно заниженным (завышенным) расценкам выполнение работ, оказание услуг, реализация товаров юридическими лицами, их филиалами, представительствами и иными подразделениями, связанных с проведением выборов, референдума и направленных на достижение определенного результата на выборах, на выдвижение инициативы проведения референдума, на достижение определенного результата на референдуме, либо выполнение оплачиваемых работ, реализация товаров, оказание платных услуг, направленных на достижение определенного результата на выборах, на выдвижение инициативы проведения референдума, на достижение определенного результата на референдуме без документально подтвержденного согласия кандидата или его уполномоченного представителя по финансовым вопросам, уполномоченного представителя по финансовым вопросам избирательного объединения, инициативной группы по проведению референдума, иной группы участников референдума и без оплаты из соответствующего избирательного фонда, фонда референдума, либо внесение пожертвований в избирательный фонд, фонд референдума через подставных лиц, либо оказание кандидату, инициативной группе по проведению референдума, иной группе участников референдума для проведения соответствующей избирательной кампании, кампании референдума материальной поддержки, направленной на достижение определенного результата на выборах, референдуме, без компенсации за счет средств соответствующего избирательного фонда, фонда референдума, если эти действия не содержат уголовно наказуемого деяния, - (в ред. Федерального закона от 21.07.2005 N 93-ФЗ)
влечет наложение административного штрафа на граждан в размере от одной тысячи до одной тысячи пятисот рублей; на должностных лиц - от двух тысяч до трех тысяч рублей; на юридических лиц - от двадцати тысяч до тридцати тысяч рублей с конфискацией предмета административного правонарушения. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 5.21. Несвоевременное перечисление средств избирательным комиссиям, комиссиям референдума, кандидатам, избирательным объединениям, инициативным группам по проведению референдума, иным группам участников референдума (в ред. Федерального закона от 21.07.2005 N 93-ФЗ)
(в ред. Федерального закона от 04.07.2003 N 94-ФЗ)
Неперечисление, а равно перечисление с нарушением установленных законом сроков органом исполнительной власти, органом местного самоуправления, наделенными соответствующими полномочиями по перечислению средств, кредитной организацией, отделением связи средств избирательным комиссиям, комиссиям референдума, кандидатам, избирательным объединениям, инициативным группам по проведению референдума, иным группам участников референдума - (в ред. Федерального закона от 21.07.2005 N 93-ФЗ)
влечет наложение административного штрафа на должностных лиц в размере от трех тысяч до пяти тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Положения статьи 5.22 в редакции Федерального закона от 04.10.2010 N 263-ФЗ, применяются к правоотношениям, возникшим в связи с проведением выборов и референдумов, назначенных после дня вступления в силу указанного Федерального закона.
Статья 5.22. Незаконные выдача и получение избирательного бюллетеня, бюллетеня для голосования на референдуме
(в ред. Федерального закона от 04.10.2010 N 263-ФЗ)
1. Выдача членом избирательной комиссии, комиссии референдума гражданину избирательного бюллетеня, бюллетеня для голосования на референдуме в целях предоставления ему возможности проголосовать вместо избирателя, участника референдума, в том числе вместо другого избирателя, участника референдума, или проголосовать более одного раза в ходе одного и того же голосования либо выдача гражданину заполненных избирательного бюллетеня, бюллетеня для голосования на референдуме -
влечет наложение административного штрафа в размере от двух тысяч до трех тысяч пятисот рублей.
2. Получение в избирательной комиссии, комиссии референдума избирательного бюллетеня, бюллетеня для голосования на референдуме с целью проголосовать вместо избирателя, участника референдума, в том числе вместо другого избирателя, участника референдума, -
влечет наложение административного штрафа в размере от одной тысячи пятисот до трех тысяч рублей.
Статья 5.23. Сокрытие остатков тиражей избирательных бюллетеней, бюллетеней для голосования на референдуме
(в ред. Федерального закона от 04.07.2003 N 94-ФЗ)
Сокрытие остатков тиражей избирательных бюллетеней, бюллетеней для голосования на референдуме -
влечет наложение административного штрафа на граждан в размере от одной тысячи пятисот до двух тысяч пятисот рублей; на должностных лиц - от трех тысяч до четырех тысяч рублей; на юридических лиц - от тридцати тысяч до пятидесяти тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 5.24. Нарушение установленного законом порядка подсчета голосов, определения результатов выборов, референдума, порядка составления протокола об итогах голосования с отметкой "Повторный" или "Повторный подсчет голосов"
(в ред. Федерального закона от 21.07.2005 N 93-ФЗ)
1. Нарушение председателем или членом избирательной комиссии, комиссии референдума установленного законом порядка подсчета голосов либо установленного законом порядка обработки итогов голосования, определения результатов выборов, референдума -
влечет наложение административного штрафа в размере от пятисот до одной тысячи пятисот рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
2. Нарушение председателем или членом избирательной комиссии, комиссии референдума установленного федеральным законом порядка составления протокола об итогах голосования с отметкой "Повторный" или "Повторный подсчет голосов" -
влечет наложение административного штрафа в размере от одной тысячи пятисот до двух тысяч рублей.
(в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 5.25. Непредоставление сведений об итогах голосования или о результатах выборов
1. Непредоставление либо несвоевременное предоставление председателем участковой избирательной комиссии, комиссии референдума для ознакомления избирателям, участникам референдума, зарегистрированным кандидатам, избирательным объединениям, наблюдателям, иностранным (международным) наблюдателям, представителям средств массовой информации сведений об итогах голосования - (в ред. Федерального закона от 21.07.2005 N 93-ФЗ)
влечет наложение административного штрафа в размере от пятисот до одной тысячи рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
2. То же нарушение, совершенное председателем территориальной избирательной комиссии, комиссии референдума, а равно нарушение им сроков направления сведений либо неполное предоставление сведений об итогах голосования на выборах, референдуме в средства массовой информации для опубликования -
влечет наложение административного штрафа в размере от одной тысячи до двух тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
3. Нарушение, предусмотренное частью 1 настоящей статьи, совершенное председателем окружной избирательной комиссии, комиссии референдума, а равно нарушение им сроков направления сведений либо неполное предоставление сведений об итогах голосования, о результатах выборов в средства массовой информации для опубликования -
влечет наложение административного штрафа в размере от двух тысяч до трех тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
4. Нарушение, предусмотренное частью 3 настоящей статьи, совершенное председателем избирательной комиссии, комиссии референдума субъекта Российской Федерации, -
влечет наложение административного штрафа в размере от трех тысяч до четырех тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
5. Нарушение, предусмотренное частью 3 настоящей статьи, совершенное Председателем Центральной избирательной комиссии Российской Федерации, -
влечет наложение административного штрафа в размере от четырех тысяч до пяти тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 5.26. Нарушение законодательства о свободе совести, свободе вероисповедания и о религиозных объединениях
1. Воспрепятствование осуществлению права на свободу совести и свободу вероисповедания, в том числе принятию религиозных или иных убеждений или отказу от них, вступлению в религиозное объединение или выходу из него, -
влечет наложение административного штрафа на граждан в размере от ста до трехсот рублей; на должностных лиц - от трехсот до восьмисот рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
2. Оскорбление религиозных чувств граждан либо осквернение почитаемых ими предметов, знаков и эмблем мировоззренческой символики -
влечет наложение административного штрафа на граждан в размере от пятисот до одной тысячи рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 5.27. Нарушение законодательства о труде и об охране труда
1. Нарушение законодательства о труде и об охране труда -
влечет наложение административного штрафа на должностных лиц в размере от одной тысячи до пяти тысяч рублей; на лиц, осуществляющих предпринимательскую деятельность без образования юридического лица, - от одной тысячи до пяти тысяч рублей или административное приостановление деятельности на срок до девяноста суток; на юридических лиц - от тридцати тысяч до пятидесяти тысяч рублей или административное приостановление деятельности на срок до девяноста суток. (в ред. Федеральных законов от 09.05.2005 N 45-ФЗ, от 20.04.2007 N 54-ФЗ, от 22.06.2007 N 116-ФЗ)
2. Нарушение законодательства о труде и об охране труда должностным лицом, ранее подвергнутым административному наказанию за аналогичное административное правонарушение, - (в ред. Федерального закона от 09.05.2005 N 45-ФЗ)
влечет дисквалификацию на срок от одного года до трех лет.
Статья 5.28. Уклонение от участия в переговорах о заключении коллективного договора, соглашения либо нарушение установленного срока их заключения
Уклонение работодателя или лица, его представляющего, от участия в переговорах о заключении, об изменении или о дополнении коллективного договора, соглашения либо нарушение установленного законом срока проведения переговоров, а равно необеспечение работы комиссии по заключению коллективного договора, соглашения в определенные сторонами сроки -
влечет предупреждение или наложение административного штрафа в размере от одной тысячи до трех тысяч рублей. (в ред. Федеральных законов от 22.06.2007 N 116-ФЗ, от 27.07.2010 N 239-ФЗ)
Статья 5.29. Непредоставление информации, необходимой для проведения коллективных переговоров и осуществления контроля за соблюдением коллективного договора, соглашения
Непредоставление работодателем или лицом, его представляющим, в срок, установленный законом, информации, необходимой для проведения коллективных переговоров и осуществления контроля за соблюдением коллективного договора, соглашения, -
влечет предупреждение или наложение административного штрафа в размере от одной тысячи до трех тысяч рублей. (в ред. Федеральных законов от 22.06.2007 N 116-ФЗ, от 27.07.2010 N 239-ФЗ)
Статья 5.30. Необоснованный отказ от заключения коллективного договора, соглашения
Необоснованный отказ работодателя или лица, его представляющего, от заключения коллективного договора, соглашения -
влечет предупреждение или наложение административного штрафа в размере от трех тысяч до пяти тысяч рублей. (в ред. Федеральных законов от 22.06.2007 N 116-ФЗ, от 27.07.2010 N 239-ФЗ)
Статья 5.31. Нарушение или невыполнение обязательств по коллективному договору, соглашению
Нарушение или невыполнение работодателем или лицом, его представляющим, обязательств по коллективному договору, соглашению -
влечет предупреждение или наложение административного штрафа в размере от трех тысяч до пяти тысяч рублей. (в ред. Федеральных законов от 22.06.2007 N 116-ФЗ, от 27.07.2010 N 239-ФЗ)
Статья 5.32. Уклонение от получения требований работников и от участия в примирительных процедурах
Уклонение работодателя или его представителя от получения требований работников и от участия в примирительных процедурах, в том числе непредоставление помещения для проведения собрания (конференции) работников в целях выдвижения требований или создание препятствий проведению такого собрания (такой конференции), -
влечет наложение административного штрафа в размере от одной тысячи до трех тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 5.33. Невыполнение соглашения
Невыполнение работодателем или его представителем обязательств по соглашению, достигнутому в результате примирительной процедуры, -
влечет наложение административного штрафа в размере от двух тысяч до четырех тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 5.34. Увольнение работников в связи с коллективным трудовым спором и объявлением забастовки
Увольнение работников в связи с коллективным трудовым спором и объявлением забастовки -
влечет наложение административного штрафа в размере от четырех тысяч до пяти тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 5.35. Неисполнение родителями или иными законными представителями несовершеннолетних обязанностей по содержанию и воспитанию несовершеннолетних
1. Неисполнение или ненадлежащее исполнение родителями или иными законными представителями несовершеннолетних обязанностей по содержанию, воспитанию, обучению, защите прав и интересов несовершеннолетних -
влечет предупреждение или наложение административного штрафа в размере от ста до пятисот рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
2. Нарушение родителями или иными законными представителями несовершеннолетних прав и интересов несовершеннолетних, выразившееся в лишении их права на общение с родителями или близкими родственниками, если такое общение не противоречит интересам детей, в намеренном сокрытии места нахождения детей помимо их воли, в неисполнении судебного решения об определении места жительства детей, в том числе судебного решения об определении места жительства детей на период до вступления в законную силу судебного решения об определении их места жительства, в неисполнении судебного решения о порядке осуществления родительских прав или о порядке осуществления родительских прав на период до вступления в законную силу судебного решения либо в ином воспрепятствовании осуществлению родителями прав на воспитание и образование детей и на защиту их прав и интересов, -
влечет наложение административного штрафа в размере от двух тысяч до трех тысяч рублей. (часть 2 введена Федеральным законом от 04.05.2011 N 98-ФЗ)
3. Повторное в течение года совершение административного правонарушения, предусмотренного частью 2 настоящей статьи, -
влечет наложение административного штрафа в размере от четырех тысяч до пяти тысяч рублей или административный арест на срок до пяти суток. (часть 3 введена Федеральным законом от 04.05.2011 N 98-ФЗ)
Статья 5.36. Нарушение порядка или сроков предоставления сведений о несовершеннолетних, нуждающихся в передаче на воспитание в семью либо в учреждения для детей-сирот или для детей, оставшихся без попечения родителей
1. Нарушение руководителем учреждения, в котором находятся дети, оставшиеся без попечения родителей, либо должностным лицом органа исполнительной власти субъекта Российской Федерации или органа местного самоуправления порядка или сроков предоставления сведений о несовершеннолетнем, нуждающемся в передаче на воспитание в семью (на усыновление (удочерение), под опеку (попечительство) или в приемную семью) либо в учреждение для детей-сирот или для детей, оставшихся без попечения родителей, а равно предоставление заведомо недостоверных сведений о таком несовершеннолетнем -
влечет наложение административного штрафа в размере от одной тысячи до одной тысячи пятисот рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
2. Совершение руководителем учреждения, в котором находятся дети, оставшиеся без попечения родителей, либо должностным лицом органа исполнительной власти субъекта Российской Федерации или органа местного самоуправления действий, направленных на укрытие несовершеннолетнего от передачи на воспитание в семью (на усыновление (удочерение), под опеку (попечительство) или в приемную семью) либо в учреждение для детей-сирот или для детей, оставшихся без попечения родителей, -
влечет наложение административного штрафа в размере от двух тысяч до трех тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 5.37. Незаконные действия по усыновлению (удочерению) ребенка, передаче его под опеку (попечительство) или в приемную семью
Незаконные действия по усыновлению (удочерению) ребенка, передаче его под опеку (попечительство) или в приемную семью -
влекут наложение административного штрафа на граждан в размере от одной тысячи до двух тысяч пятисот рублей; на должностных лиц - от четырех тысяч до пяти тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 5.38. Нарушение законодательства о собраниях, митингах, демонстрациях, шествиях и пикетировании
Воспрепятствование организации или проведению собрания, митинга, демонстрации, шествия или пикетирования, проводимых в соответствии с законодательством Российской Федерации, либо участию в них, а равно принуждение к участию в них -
влечет предупреждение или наложение административного штрафа на граждан в размере ста рублей; на должностных лиц - от ста до трехсот рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 5.39. Отказ в предоставлении информации
(в ред. Федерального закона от 31.05.2010 N 108-ФЗ)
Неправомерный отказ в предоставлении гражданину и (или) организации информации, предоставление которой предусмотрено федеральными законами, несвоевременное ее предоставление либо предоставление заведомо недостоверной информации, за исключением случаев, предусмотренных статьей 7.23.1 настоящего Кодекса, - (в ред. Федерального закона от 06.12.2011 N 403-ФЗ)
влечет наложение административного штрафа на должностных лиц в размере от одной тысячи до трех тысяч рублей.
Статья 5.40. Принуждение к участию или к отказу от участия в забастовке
Принуждение к участию или к отказу от участия в забастовке путем насилия или угроз применения насилия либо с использованием зависимого положения принуждаемого -
влечет наложение административного штрафа на граждан в размере от пятисот до одной тысячи рублей; на должностных лиц - от одной тысячи до двух тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 5.41. Непредоставление на безвозмездной основе услуг по погребению, невыплата социального пособия на погребение
Непредоставление на безвозмездной основе услуг, предусмотренных гарантированным перечнем услуг по погребению, а равно невыплата социального пособия на погребение супругу, близким родственникам, иным родственникам, законному представителю умершего или иному лицу, взявшему на себя обязанность осуществить погребение умершего, -
влечет наложение административного штрафа на должностных лиц в размере от двух тысяч до пяти тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 5.42. Нарушение прав инвалидов в области трудоустройства и занятости
1. Отказ работодателя в приеме на работу инвалида в пределах установленной квоты -
влечет наложение административного штрафа на должностных лиц в размере от двух тысяч до трех тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
2. Необоснованный отказ в регистрации инвалида в качестве безработного -
влечет наложение административного штрафа на должностных лиц в размере от двух тысяч до трех тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 5.43. Нарушение требований законодательства, предусматривающих выделение на автомобильных стоянках (остановках) мест для специальных автотранспортных средств инвалидов
Нарушение требований законодательства, предусматривающих выделение на автомобильных стоянках (остановках) мест для специальных автотранспортных средств инвалидов, -
влечет наложение административного штрафа на должностных лиц в размере от трех тысяч до пяти тысяч рублей; на юридических лиц - от тридцати тысяч до пятидесяти тысяч рублей. (в ред. Федеральных законов от 22.06.2007 N 116-ФЗ, от 04.06.2011 N 127-ФЗ)
Статья 5.44. Утратила силу с 1 января 2010 года. - Федеральный закон от 24.07.2009 N 213-ФЗ.
Статья 5.45. Использование преимуществ должностного или служебного положения в период избирательной кампании, кампании референдума
(введена Федеральным законом от 04.07.2003 N 94-ФЗ)
Использование лицом, замещающим государственную или муниципальную должность, либо находящимся на государственной или муниципальной службе, либо являющимся членом органа управления организации независимо от формы собственности (в организации, высшим органом управления которой является собрание, - членом органа, осуществляющего руководство деятельностью этой организации), за исключением политической партии, преимуществ своего должностного или служебного положения в целях выдвижения и (или) избрания кандидата, списка кандидатов, выдвижения и (или) поддержки инициативы проведения референдума, получения того или иного ответа на вопрос (вопросы) референдума - (в ред. Федерального закона от 21.07.2005 N 93-ФЗ)
влечет наложение административного штрафа в размере от трех тысяч до пяти тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 5.46. Подделка подписей избирателей, участников референдума
(введена Федеральным законом от 04.07.2003 N 94-ФЗ)
Подделка подписей избирателей, участников референдума, собираемых в поддержку выдвижения кандидата, списка кандидатов, инициативы проведения референдума, а равно заверение заведомо подделанных подписей (подписных листов) лицом, осуществляющим сбор подписей избирателей, либо уполномоченным лицом, если эти действия не содержат уголовно наказуемого деяния, - (в ред. Федерального закона от 21.07.2005 N 93-ФЗ)
влечет наложение административного штрафа в размере от двух тысяч до двух тысяч пятисот рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 5.47. Сбор подписей избирателей, участников референдума в запрещенных местах, а также сбор подписей лицами, которым участие в этом запрещено федеральным законом
(введена Федеральным законом от 04.07.2003 N 94-ФЗ)
Участие органов государственной власти, органов местного самоуправления, органов управления организаций независимо от формы собственности, учреждений, членов избирательных комиссий с правом решающего голоса в сборе подписей избирателей в поддержку выдвижения кандидата, списка кандидатов, в сборе подписей участников референдума в поддержку инициативы проведения референдума, а равно сбор подписей на рабочих местах, по месту учебы, в процессе и в местах выдачи заработной платы, пенсий, пособий, иных социальных выплат, а также при оказании благотворительной помощи - (в ред. Федерального закона от 21.07.2005 N 93-ФЗ)
влечет наложение административного штрафа на граждан в размере от одной тысячи до двух тысяч рублей; на должностных лиц - от двух тысяч до трех тысяч рублей; на юридических лиц - от десяти тысяч до двадцати тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 5.48. Нарушение прав зарегистрированных кандидатов, избирательных объединений, инициативных групп по проведению референдума, иных групп участников референдума при выделении площадей для размещения агитационных материалов (в ред. Федерального закона от 21.07.2005 N 93-ФЗ)
(введена Федеральным законом от 04.07.2003 N 94-ФЗ)
Нарушение прав зарегистрированных кандидатов, избирательных объединений, инициативных групп по проведению референдума, иных групп участников референдума на размещение агитационных материалов на объекте, находящемся в государственной или муниципальной собственности либо в собственности организации, в уставном (складочном) капитале которой доля (вклад) Российской Федерации, субъектов Российской Федерации и (или) муниципальных образований на день официального опубликования (публикации) решения о назначении выборов, регистрации инициативной группы по проведению референдума превышает 30 процентов, а равно нарушение организациями, оказывающими рекламные услуги, условий размещения агитационных материалов - (в ред. Федерального закона от 21.07.2005 N 93-ФЗ)
влечет наложение административного штрафа на должностных лиц в размере от двух тысяч пятисот до трех тысяч рублей; на юридических лиц - от двадцати тысяч до тридцати тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 5.49. Нарушение запрета на проведение в период избирательной кампании, кампании референдума лотерей и других основанных на риске игр, связанных с выборами и референдумом
(в ред. Федерального закона от 21.07.2005 N 93-ФЗ)
Нарушение запрета на проведение в период избирательной кампании, кампании референдума лотерей и других основанных на риске игр, в которых выигрыш призов или участие в розыгрыше призов зависит от итогов голосования, результатов выборов, референдума либо которые иным образом связаны с выборами, референдумом, -
влечет наложение административного штрафа на граждан в размере от двух тысяч до двух тысяч пятисот рублей; на должностных лиц - от трех тысяч до пяти тысяч рублей; на юридических лиц - от тридцати тысяч до пятидесяти тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 5.50. Нарушение правил перечисления средств, внесенных в избирательный фонд, фонд референдума
(введена Федеральным законом от 04.07.2003 N 94-ФЗ)
Невозврат жертвователю в установленный законодательством о выборах и референдумах срок пожертвований (их части), перечисленных в избирательный фонд, фонд референдума с нарушением требований законодательства о выборах и референдумах, неперечисление в указанный срок в доход соответствующего бюджета пожертвований, внесенных анонимными жертвователями, - (в ред. Федерального закона от 09.02.2009 N 3-ФЗ)
влечет наложение административного штрафа на кандидата, на лицо, являвшееся кандидатом, на лицо, избранное депутатом, на уполномоченного представителя по финансовым вопросам инициативной
группы по проведению референдума, иной группы участников референдума в размере от одной тысячи до двух тысяч рублей; на избирательное объединение - от десяти тысяч до тридцати тысяч рублей. (в ред. Федеральных законов от 21.07.2005 N 93-ФЗ, от 22.06.2007 N 116-ФЗ)
Примечание. Утратило силу. - Федеральный закон от 21.07.2005 N 93-ФЗ.
Статья 5.51. Нарушение организацией, индивидуальным предпринимателем, выполняющими работы или оказывающими услуги по изготовлению агитационных печатных материалов, правил изготовления агитационных печатных материалов
(в ред. Федерального закона от 21.07.2005 N 93-ФЗ)
Выполнение организацией, индивидуальным предпринимателем работ или оказание ими услуг по изготовлению агитационных печатных материалов без предварительного опубликования предусмотренных законом сведений о размере и других условиях оплаты указанных работ или услуг -
влечет наложение административного штрафа на должностных лиц в размере от одной тысячи до двух тысяч рублей; на юридических лиц - от десяти тысяч до двадцати тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 5.52. Невыполнение уполномоченным лицом требований законодательства о выборах об обеспечении кандидатам, избирательным объединениям равных условий для проведения агитационных публичных мероприятий
(в ред. Федерального закона от 21.07.2005 N 93-ФЗ)
Невыполнение уполномоченным на то должностным лицом требований об обеспечении зарегистрированным кандидатам, избирательным объединениям равных условий для проведения агитационных публичных мероприятий в случаях, когда обеспечение таких условий предусмотрено законом, либо иное нарушение предусмотренных законодательством о выборах прав зарегистрированного кандидата, избирательного объединения при проведении ими указанных мероприятий -
влечет наложение административного штрафа в размере от трех тысяч до пяти тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 5.53. Незаконные действия по получению и (или) распространению информации, составляющей кредитную историю
(введена Федеральным законом от 30.12.2004 N 219-ФЗ)
Незаконные действия по получению и (или) распространению информации, составляющей кредитную историю, если такие действия не содержат уголовно наказуемого деяния, -
влекут наложение административного штрафа на граждан в размере от одной тысячи до двух тысяч пятисот рублей; на должностных лиц - от двух тысяч пятисот до пяти тысяч рублей или дисквалификацию на срок до трех лет; на юридических лиц - от тридцати тысяч до пятидесяти тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
КонсультантПлюс: примечание. В статье 5.54 данного документа, включенной в него Федеральным законом от 30.12.2004 N 219-ФЗ,
опубликованном в официальных источниках, видимо, допущена опечатка: в названии статьи 5.54 вместо слова "неисправлению" имеется в виду слово "исправлению".
Статья 5.54. Неисполнение обязанности по проведению проверки и (или) неисправлению недостоверной информации, содержащейся в кредитной истории (кредитном отчете)
(введена Федеральным законом от 30.12.2004 N 219-ФЗ)
1. Непроведение проверки или несвоевременное проведение по требованию субъекта кредитной истории проверки бюро кредитных историй информации, содержащейся в кредитной истории (кредитном отчете), -
влечет наложение административного штрафа на должностных лиц в размере от одной тысячи до
двух тысяч пятисот рублей; на юридических лиц - от десяти тысяч до двадцати тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
2. Незаконный отказ бюро кредитных историй в исправлении недостоверной информации или неисполнение обязанности по исправлению недостоверной информации, содержащейся в кредитной истории (кредитном отчете), -
влечет наложение административного штрафа на должностных лиц в размере от двух тысяч до пяти тысяч рублей; на юридических лиц - от тридцати тысяч до пятидесяти тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 5.55. Непредоставление кредитного отчета
(введена Федеральным законом от 30.12.2004 N 219-ФЗ)
Непредоставление бюро кредитных историй кредитного отчета, предоставление неполного или недостоверного кредитного отчета, а также несвоевременное предоставление кредитного отчета в случаях, если такое предоставление осуществляется или должно осуществляться в соответствии с Федеральным законом "О кредитных историях", -
влекут наложение административного штрафа на должностных лиц в размере от одной тысячи до двух тысяч пятисот рублей; на юридических лиц - от двадцати тысяч до пятидесяти тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 5.56. Нарушение порядка и сроков представления и хранения документов, связанных с подготовкой и проведением выборов, референдума
(введена Федеральным законом от 21.07.2005 N 93-ФЗ)
1. Непредставление председателем, заместителем председателя или секретарем избирательной комиссии, комиссии референдума в вышестоящую избирательную комиссию, комиссию референдума документов, связанных с подготовкой и проведением выборов, референдума, или их представление с нарушением установленных законом сроков -
влечет наложение административного штрафа в размере от двух тысяч до пяти тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
2. Уничтожение документов, связанных с подготовкой и проведением выборов, референдума, до истечения сроков их хранения, а также нарушение установленного порядка уничтожения таких документов -
влечет наложение административного штрафа на граждан в размере от одной тысячи пятисот до двух тысяч рублей; на должностных лиц - от двух тысяч до пяти тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 5.57. Нарушение права на образование и предусмотренных законодательством Российской Федерации в области образования прав и свобод обучающихся и воспитанников образовательных организаций
(введена Федеральным законом от 03.06.2009 N 104-ФЗ)
1. Нарушение или незаконное ограничение права на образование, выразившиеся в нарушении или ограничении права на получение общедоступного и бесплатного образования, а равно незаконные отказ в приеме в образовательную организацию либо отчисление (исключение) из образовательной организации -
влечет наложение административного штрафа на должностных лиц в размере от тридцати тысяч до пятидесяти тысяч рублей; на юридических лиц - от ста тысяч до двухсот тысяч рублей.
2. Нарушение или незаконное ограничение предусмотренных законодательством Российской Федерации в области образования прав и свобод обучающихся и воспитанников образовательных организаций либо нарушение установленного порядка реализации указанных прав и свобод -
влечет наложение административного штрафа на должностных лиц в размере от десяти тысяч до тридцати тысяч рублей; на юридических лиц - от пятидесяти тысяч до ста тысяч рублей.
3. Совершение административного правонарушения, предусмотренного частью 1 настоящей статьи, должностным лицом, ранее подвергнутым административному наказанию за аналогичное административное правонарушение, -
влечет дисквалификацию на срок от одного года до двух лет.
Положения статьи 5.58 в редакции Федерального закона от 04.10.2010 N 263-ФЗ, применяются к правоотношениям, возникшим в связи с проведением выборов и референдумов, назначенных после дня вступления в силу указанного Федерального закона.
Статья 5.58. Нарушение установленного законодательством о выборах и референдумах порядка выдачи открепительного удостоверения и невыполнение требования о его изъятии. Использование заведомо поддельного открепительного удостоверения
(введена Федеральным законом от 04.10.2010 N 263-ФЗ)
1. Нарушение установленного законодательством о выборах и референдумах порядка выдачи открепительного удостоверения либо невыполнение требования об изъятии открепительного удостоверения или отрывного талона открепительного удостоверения при включении избирателя, участника референдума в список избирателей, участников референдума на основании открепительного удостоверения -
влечет наложение административного штрафа в размере от одной тысячи до двух тысяч пятисот рублей.
2. Использование заведомо поддельного открепительного удостоверения -
влечет наложение административного штрафа в размере от одной тысячи пятисот до трех тысяч рублей.
Статья 5.59. Нарушение порядка рассмотрения обращений граждан
(введена Федеральным законом от 11.07.2011 N 199-ФЗ)
Нарушение установленного законодательством Российской Федерации порядка рассмотрения обращений граждан должностными лицами государственных органов и органов местного самоуправления, за исключением случаев, предусмотренных статьями 5.39, 5.63 настоящего Кодекса, - (в ред. Федерального закона от 03.12.2011 N 383-ФЗ)
влечет наложение административного штрафа в размере от пяти тысяч до десяти тысяч рублей.
Статья 5.60. Клевета
(введена Федеральным законом от 07.12.2011 N 420-ФЗ)
1. Клевета, то есть распространение заведомо ложных сведений, порочащих честь и достоинство другого лица или подрывающих его репутацию, -
влечет наложение административного штрафа на граждан в размере от одной тысячи до двух тысяч рублей; на должностных лиц - от десяти тысяч до двадцати тысяч рублей; на юридических лиц - от ста тысяч до двухсот тысяч рублей.
2. Клевета, содержащаяся в публичном выступлении, публично демонстрирующемся произведении или средствах массовой информации, -
влечет наложение административного штрафа на граждан в размере от двух тысяч до трех тысяч рублей; на должностных лиц - от двадцати тысяч до тридцати тысяч рублей; на юридических лиц - от двухсот тысяч до трехсот тысяч рублей.
3. Клевета, соединенная с обвинением лица в совершении тяжкого или особо тяжкого преступления, -
влечет наложение административного штрафа на граждан в размере от трех тысяч до пяти тысяч рублей; на должностных лиц - от тридцати тысяч до пятидесяти тысяч рублей; на юридических лиц - от трехсот тысяч до пятисот тысяч рублей.
4. Непринятие мер к недопущению клеветы в публично демонстрирующемся произведении или средствах массовой информации -
влечет наложение административного штрафа на должностных лиц в размере от десяти тысяч до двадцати тысяч рублей; на юридических лиц - от пятидесяти тысяч до ста тысяч рублей.
Статья 5.61. Оскорбление
(введена Федеральным законом от 07.12.2011 N 420-ФЗ)
1. Оскорбление, то есть унижение чести и достоинства другого лица, выраженное в неприличной форме, -
влечет наложение административного штрафа на граждан в размере от одной тысячи до трех тысяч рублей; на должностных лиц - от десяти тысяч до тридцати тысяч рублей; на юридических лиц - от пятидесяти тысяч до ста тысяч рублей.
2. Оскорбление, содержащееся в публичном выступлении, публично демонстрирующемся произведении или средствах массовой информации, -
влечет наложение административного штрафа на граждан в размере от трех тысяч до пяти тысяч рублей; на должностных лиц - от тридцати тысяч до пятидесяти тысяч рублей; на юридических лиц - от ста тысяч до пятисот тысяч рублей.
3. Непринятие мер к недопущению оскорбления в публично демонстрирующемся произведении или средствах массовой информации -
влечет наложение административного штрафа на должностных лиц в размере от десяти тысяч до тридцати тысяч рублей; на юридических лиц - от тридцати тысяч до пятидесяти тысяч рублей.
Статья 5.62. Дискриминация
(введена Федеральным законом от 07.12.2011 N 420-ФЗ)
Дискриминация, то есть нарушение прав, свобод и законных интересов человека и гражданина в зависимости от его пола, расы, национальности, языка, происхождения, имущественного и должностного положения, места жительства, отношения к религии, убеждений, принадлежности к общественным объединениям или каким-либо социальным группам, -
влечет наложение административного штрафа на граждан в размере от одной тысячи до трех тысяч рублей; на юридических лиц - от пятидесяти тысяч до ста тысяч рублей.
Статья 5.63. Нарушение законодательства об организации предоставления государственных и муниципальных услуг
(введена Федеральным законом от 03.12.2011 N 383-ФЗ)
1. Нарушение должностным лицом федерального органа исполнительной власти или органа государственного внебюджетного фонда Российской Федерации либо сотрудником многофункционального центра предоставления государственных и муниципальных услуг порядка предоставления государственной услуги, предоставляемой федеральным органом исполнительной власти или государственным внебюджетным фондом Российской Федерации, повлекшее непредоставление государственной услуги заявителю либо предоставление государственной услуги заявителю с нарушением установленных сроков, за исключением случаев, предусмотренных частью 2 настоящей статьи, если эти действия (бездействие) не содержат уголовно наказуемого деяния, -
влечет наложение административного штрафа в размере от трех тысяч до пяти тысяч рублей.
2. Требование должностным лицом федерального органа исполнительной власти или органа
государственного внебюджетного фонда Российской Федерации либо сотрудником многофункционального центра предоставления государственных и муниципальных услуг для предоставления государственных услуг, предоставляемых федеральным органом исполнительной власти или государственным внебюджетным фондом Российской Федерации, документов и (или) платы, не предусмотренных федеральными законами и принятыми в соответствии с ними иными нормативными правовыми актами Российской Федерации, если эти действия не содержат уголовно наказуемого деяния, -
влечет наложение административного штрафа в размере от пяти тысяч до десяти тысяч рублей.
3. Нарушение должностным лицом, наделенным полномочиями по рассмотрению жалоб на нарушение порядка предоставления государственной или муниципальной услуги, порядка или сроков рассмотрения жалобы либо незаконный отказ или уклонение указанного должностного лица от принятия ее к рассмотрению -
влечет наложение административного штрафа в размере от двадцати тысяч до тридцати тысяч рублей.
Глава 6. АДМИНИСТРАТИВНЫЕ ПРАВОНАРУШЕНИЯ, ПОСЯГАЮЩИЕ НА ЗДОРОВЬЕ, САНИТАРНО-ЭПИДЕМИОЛОГИЧЕСКОЕ БЛАГОПОЛУЧИЕ НАСЕЛЕНИЯ И ОБЩЕСТВЕННУЮ НРАВСТВЕННОСТЬ
Статья 6.1. Сокрытие источника заражения ВИЧ-инфекцией, венерической болезнью и контактов, создающих опасность заражения
Сокрытие лицом, больным ВИЧ-инфекцией, венерическим заболеванием, источника заражения, а также лиц, имевших с указанным лицом контакты, создающие опасность заражения этими заболеваниями, -
влечет наложение административного штрафа в размере от пятисот до одной тысячи рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 6.2. Незаконное занятие частной медицинской практикой, частной фармацевтической деятельностью либо народной медициной (целительством)
1. Занятие частной медицинской практикой или частной фармацевтической деятельностью лицом, не имеющим лицензию на данный вид деятельности, -
влечет наложение административного штрафа в размере от двух тысяч до двух тысяч пятисот рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
2. Занятие народной медициной (целительством) с нарушением установленного законом порядка -
влечет наложение административного штрафа в размере от одной тысячи пятисот до двух тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 6.3. Нарушение законодательства в области обеспечения санитарно-эпидемиологического благополучия населения (в ред. Федеральных законов от 28.12.2009 N 380-ФЗ, от 18.07.2011 N 237-ФЗ)
Нарушение законодательства в области обеспечения санитарно-эпидемиологического благополучия населения, выразившееся в нарушении действующих санитарных правил и гигиенических нормативов, невыполнении санитарно-гигиенических и противоэпидемических мероприятий, - (в ред. Федеральных законов от 28.12.2009 N 380-ФЗ, от 18.07.2011 N 237-ФЗ)
влечет предупреждение или наложение административного штрафа на граждан в размере от ста до пятисот рублей; на должностных лиц - от пятисот до одной тысячи рублей; на лиц, осуществляющих предпринимательскую деятельность без образования юридического лица, - от пятисот до одной тысячи рублей или административное приостановление деятельности на срок до девяноста суток; на юридических лиц - от десяти тысяч до двадцати тысяч рублей или административное приостановление деятельности на срок до девяноста суток. (в ред. Федеральных законов от 09.05.2005 N 45-ФЗ, от 22.06.2007 N 116-ФЗ)
Статья 6.4. Нарушение санитарно-эпидемиологических требований к эксплуатации жилых помещений и общественных помещений, зданий, сооружений и транспорта
Нарушение санитарно-эпидемиологических требований к эксплуатации жилых помещений и общественных помещений, зданий, сооружений и транспорта -
влечет наложение административного штрафа на граждан в размере от пятисот до одной тысячи рублей; на должностных лиц - от одной тысячи до двух тысяч рублей; на лиц, осуществляющих предпринимательскую деятельность без образования юридического лица, - от одной тысячи до двух тысяч рублей или административное приостановление деятельности на срок до девяноста суток; на юридических лиц - от десяти тысяч до двадцати тысяч рублей или административное приостановление деятельности на срок до девяноста суток. (в ред. Федеральных законов от 09.05.2005 N 45-ФЗ, от 22.06.2007 N 116-ФЗ)
Статья 6.5. Нарушение санитарно-эпидемиологических требований к питьевой воде
Нарушение санитарно-эпидемиологических требований к питьевой воде, а также к питьевому и хозяйственно-бытовому водоснабжению - (в ред. Федерального закона от 14.07.2008 N 118-ФЗ)
влечет наложение административного штрафа на граждан в размере от одной тысячи до одной тысячи пятисот рублей; на должностных лиц - от двух тысяч до трех тысяч рублей; на лиц, осуществляющих предпринимательскую деятельность без образования юридического лица, - от двух тысяч до трех тысяч рублей или административное приостановление деятельности на срок до девяноста суток; на юридических лиц - от двадцати тысяч до тридцати тысяч рублей или административное приостановление деятельности на срок до девяноста суток. (в ред. Федеральных законов от 09.05.2005 N 45-ФЗ, от 22.06.2007 N 116-ФЗ)
Статья 6.6. Нарушение санитарно-эпидемиологических требований к организации питания населения
Нарушение санитарно-эпидемиологических требований к организации питания населения в специально оборудованных местах (столовых, ресторанах, кафе, барах и других местах), в том числе при приготовлении пищи и напитков, их хранении и реализации населению, -
влечет наложение административного штрафа на граждан в размере от одной тысячи до одной тысячи пятисот рублей; на должностных лиц - от двух тысяч до трех тысяч рублей; на лиц, осуществляющих предпринимательскую деятельность без образования юридического лица, - от двух тысяч до трех тысяч рублей или административное приостановление деятельности на срок до девяноста суток; на юридических лиц - от двадцати тысяч до тридцати тысяч рублей или административное приостановление деятельности на срок до девяноста суток. (в ред. Федеральных законов от 09.05.2005 N 45-ФЗ, от 22.06.2007 N 116-ФЗ)
Статья 6.7. Нарушение санитарно-эпидемиологических требований к условиям воспитания и обучения
Нарушение санитарно-эпидемиологических требований к условиям воспитания и обучения, к техническим, в том числе аудиовизуальным, и иным средствам воспитания и обучения, учебной мебели, а также к учебникам и иной издательской продукции -
влечет предупреждение или наложение административного штрафа на должностных лиц в размере от двух тысяч до трех тысяч рублей; на юридических лиц - от двадцати тысяч до тридцати тысяч рублей. (в ред. Федеральных законов от 22.06.2007 N 116-ФЗ, от 27.07.2010 N 239-ФЗ)
Статья 6.8. Незаконный оборот наркотических средств, психотропных веществ или их аналогов и незаконные приобретение, хранение, перевозка растений, содержащих наркотические средства или психотропные вещества, либо их частей, содержащих наркотические средства или психотропные вещества (в ред. Федеральных законов от 08.12.2003 N 161-ФЗ, от 19.05.2010 N 87-ФЗ)
1. Незаконные приобретение, хранение, перевозка, изготовление, переработка без цели сбыта наркотических средств, психотропных веществ или их аналогов, а также незаконные приобретение, хранение, перевозка без цели сбыта растений, содержащих наркотические средства или психотропные вещества, либо их частей, содержащих наркотические средства или психотропные вещества, - (в ред. Федеральных законов от 08.12.2003 N 161-ФЗ, от 19.05.2010 N 87-ФЗ)
влекут наложение административного штрафа в размере от четырех тысяч до пяти тысяч рублей или административный арест на срок до пятнадцати суток. (в ред. Федеральных законов от 08.12.2003 N 161-ФЗ, от 22.06.2007 N 116-ФЗ, от 19.05.2010 N 87-ФЗ, от 28.12.2010 N 417-ФЗ)
2. Те же действия, совершенные иностранным гражданином или лицом без гражданства, -
влекут наложение административного штрафа в размере от четырех тысяч до пяти тысяч рублей с административным выдворением за пределы Российской Федерации либо административный арест на срок до пятнадцати суток с административным выдворением за пределы Российской Федерации. (часть 2 введена Федеральным законом от 28.12.2010 N 417-ФЗ)
Примечание. Лицо, добровольно сдавшее приобретенные без цели сбыта наркотические средства, психотропные вещества, их аналоги или растения, содержащие наркотические средства или психотропные вещества, либо их части, содержащие наркотические средства или психотропные вещества, освобождается от административной ответственности за данное административное правонарушение. (в ред. Федерального закона от 19.05.2010 N 87-ФЗ)
Статья 6.9. Потребление наркотических средств или психотропных веществ без назначения врача
1. Потребление наркотических средств или психотропных веществ без назначения врача, за исключением случаев, предусмотренных частью 3 статьи 20.20, статьей 20.22 настоящего Кодекса, - (в ред. Федерального закона от 05.12.2005 N 156-ФЗ)
влечет наложение административного штрафа в размере от четырех тысяч до пяти тысяч рублей или административный арест на срок до пятнадцати суток. (в ред. Федеральных законов от 22.06.2007 N 116-ФЗ, от 28.12.2010 N 417-ФЗ)
2. То же действие, совершенное иностранным гражданином или лицом без гражданства, -
влечет наложение административного штрафа в размере от четырех тысяч до пяти тысяч рублей с административным выдворением за пределы Российской Федерации либо административный арест на срок до пятнадцати суток с административным выдворением за пределы Российской Федерации. (часть 2 введена Федеральным законом от 28.12.2010 N 417-ФЗ)
Примечание. Лицо, добровольно обратившееся в лечебно-профилактическое учреждение для лечения в связи с потреблением наркотических средств или психотропных веществ без назначения врача, освобождается от административной ответственности за данное правонарушение. Лицо, в установленном порядке признанное больным наркоманией, может быть с его согласия направлено на медицинское и социальное восстановление в лечебно-профилактическое учреждение и в связи с этим освобождается от административной ответственности за совершение правонарушений, связанных с потреблением наркотических средств или психотропных веществ.
Статья 6.10. Вовлечение несовершеннолетнего в употребление пива и напитков, изготавливаемых на его основе, спиртных напитков или одурманивающих веществ
(в ред. Федерального закона от 05.12.2005 N 156-ФЗ)
1. Вовлечение несовершеннолетнего в употребление пива и напитков, изготавливаемых на его основе, за исключением случаев, предусмотренных частью 2 статьи 6.18 настоящего Кодекса, - (в ред. Федерального закона от 06.12.2011 N 413-ФЗ)
влечет наложение административного штрафа в размере от ста до трехсот рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
2. Вовлечение несовершеннолетнего в употребление спиртных напитков или одурманивающих веществ, за исключением случаев, предусмотренных частью 2 статьи 6.18 настоящего Кодекса, - (в ред. Федерального закона от 06.12.2011 N 413-ФЗ)
влечет наложение административного штрафа в размере от пятисот до одной тысячи рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
3. Те же действия, совершенные родителями или иными законными представителями несовершеннолетних, за исключением случаев, предусмотренных частью 2 статьи 6.18 настоящего Кодекса, а также лицами, на которых возложены обязанности по обучению и воспитанию несовершеннолетних, за исключением случаев, предусмотренных частью 2 статьи 6.18 настоящего Кодекса, - (в ред. Федерального закона от 06.12.2011 N 413-ФЗ)
влекут наложение административного штрафа в размере от одной тысячи пятисот до двух тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Примечание. Под пивом и напитками, изготавливаемыми на его основе, в части 1 настоящей статьи, части 1 статьи 20.20 и статье 20.22 настоящего Кодекса следует понимать пиво с содержанием этилового спирта более 0,5 процента объема готовой продукции и изготавливаемые на основе пива напитки с указанным содержанием этилового спирта. (в ред. Федерального закона от 21.07.2011 N 253-ФЗ)
Статья 6.11. Занятие проституцией
Занятие проституцией -
влечет наложение административного штрафа в размере от одной тысячи пятисот до двух тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 6.12. Получение дохода от занятия проституцией, если этот доход связан с занятием другого лица проституцией
Получение дохода от занятия проституцией, если этот доход связан с занятием другого лица проституцией, -
влечет наложение административного штрафа в размере от двух тысяч до двух тысяч пятисот рублей или административный арест на срок от десяти до пятнадцати суток. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 6.13. Пропаганда наркотических средств, психотропных веществ или их прекурсоров, растений, содержащих наркотические средства или психотропные вещества либо их прекурсоры, и их частей, содержащих наркотические средства или психотропные вещества либо их прекурсоры (в ред. Федерального закона от 19.05.2010 N 87-ФЗ)
1. Пропаганда либо незаконная реклама наркотических средств, психотропных веществ или их прекурсоров, растений, содержащих наркотические средства или психотропные вещества либо их прекурсоры, и их частей, содержащих наркотические средства или психотропные вещества либо их прекурсоры, - (в ред. Федерального закона от 19.05.2010 N 87-ФЗ)
влечет наложение административного штрафа на граждан в размере от четырех тысяч до пяти тысяч рублей с конфискацией рекламной продукции и оборудования, использованного для ее изготовления; на должностных лиц - от сорока тысяч до пятидесяти тысяч рублей; на лиц, осуществляющих предпринимательскую деятельность без образования юридического лица, - от сорока тысяч до пятидесяти тысяч рублей с конфискацией рекламной продукции и оборудования, использованного для ее изготовления либо административное приостановление деятельности на срок до девяноста суток с конфискацией рекламной продукции и оборудования, использованного для ее изготовления; на юридических лиц - от восьмисот тысяч до одного миллиона рублей с конфискацией рекламной продукции и оборудования, использованного для ее изготовления либо административное приостановление деятельности на срок до девяноста суток с конфискацией рекламной продукции и оборудования, использованного для ее изготовления. (в ред. Федеральных законов от 09.05.2005 N 45-ФЗ, от 22.06.2007 N 116-ФЗ, от 28.12.2010 N 417-ФЗ)
2. То же действие, совершенное иностранным гражданином или лицом без гражданства, -
влечет наложение административного штрафа в размере от четырех тысяч до пяти тысяч рублей с
административным выдворением за пределы Российской Федерации либо административный арест на срок до пятнадцати суток с административным выдворением за пределы Российской Федерации. (часть 2 введена Федеральным законом от 28.12.2010 N 417-ФЗ)
Примечание. Не является административным правонарушением распространение в специализированных изданиях, рассчитанных на медицинских и фармацевтических работников, сведений о разрешенных к применению в медицинских целях наркотических средствах, психотропных веществах и их прекурсорах.
Статья 6.14. Утратила силу. - Федеральный закон от 18.07.2011 N 237-ФЗ.
Статья 6.15. Нарушение правил оборота инструментов или оборудования, используемых для изготовления наркотических средств или психотропных веществ (в ред. Федерального закона от 28.06.2009 N 122-ФЗ)
(введена Федеральным законом от 09.05.2005 N 45-ФЗ)
Нарушение юридическим лицом правил производства, изготовления, переработки, хранения, учета, отпуска, реализации, продажи, распределения, перевозки, пересылки, приобретения, использования, ввоза, вывоза либо уничтожения инструментов или оборудования, используемых для изготовления наркотических средств или психотропных веществ, - (в ред. Федерального закона от 28.06.2009 N 122-ФЗ)
влечет наложение административного штрафа на юридических лиц в размере от пятидесяти тысяч до ста тысяч рублей с конфискацией инструментов или оборудования, используемых для изготовления наркотических средств или психотропных веществ, или без таковой либо административное приостановление деятельности на срок до девяноста суток с конфискацией инструментов или оборудования, используемых для изготовления наркотических средств или психотропных веществ, или без таковой. (в ред. Федеральных законов от 22.06.2007 N 116-ФЗ, от 28.06.2009 N 122-ФЗ)
Статья 6.16. Нарушение правил оборота наркотических средств, психотропных веществ и их прекурсоров, хранения, учета, реализации, перевозки, приобретения, использования, ввоза, вывоза или уничтожения растений, содержащих наркотические средства или психотропные вещества либо их прекурсоры, и их частей, содержащих наркотические средства или психотропные вещества либо их прекурсоры (в ред. Федерального закона от 19.05.2010 N 87-ФЗ)
(введена Федеральным законом от 28.06.2009 N 122-ФЗ)
Нарушение правил производства, изготовления, переработки, хранения, учета, отпуска, реализации, распределения, перевозки, приобретения, использования, ввоза, вывоза либо уничтожения наркотических средств, психотропных веществ и их прекурсоров, а также хранения, учета, реализации, перевозки, приобретения, использования, ввоза, вывоза или уничтожения растений, содержащих наркотические средства или психотропные вещества либо их прекурсоры, и их частей, содержащих наркотические средства или психотропные вещества либо их прекурсоры, - (в ред. Федерального закона от 19.05.2010 N 87-ФЗ)
влечет наложение административного штрафа на юридических лиц в размере от ста тысяч до двухсот тысяч рублей с конфискацией наркотических средств, психотропных веществ или их прекурсоров или без таковой либо административное приостановление деятельности на срок до девяноста суток с конфискацией наркотических средств, психотропных веществ или их прекурсоров или без таковой.
Статья 6.16.1. Незаконные приобретение, хранение, перевозка, производство, сбыт или пересылка прекурсоров наркотических средств или психотропных веществ, а также незаконные приобретение, хранение, перевозка, сбыт или пересылка растений, содержащих прекурсоры наркотических средств или психотропных веществ, либо их частей, содержащих прекурсоры наркотических средств или психотропных веществ
(введена Федеральным законом от 01.03.2012 N 18-ФЗ)
1. Незаконные приобретение, хранение, перевозка, производство, сбыт или пересылка прекурсоров наркотических средств или психотропных веществ, а также незаконные приобретение, хранение, перевозка, сбыт или пересылка растений, содержащих прекурсоры наркотических средств или психотропных веществ, либо их частей, содержащих прекурсоры наркотических средств или психотропных веществ, если эти
действия не содержат уголовно наказуемого деяния, -
влекут наложение административного штрафа в размере от четырех тысяч до пяти тысяч рублей или административный арест на срок до пятнадцати суток.
2. Те же действия, совершенные иностранным гражданином или лицом без гражданства, -
влекут наложение административного штрафа в размере от четырех тысяч до пяти тысяч рублей с административным выдворением за пределы Российской Федерации либо административный арест на срок до пятнадцати суток с административным выдворением за пределы Российской Федерации.
Примечания:
1. Лицо, совершившее административное правонарушение, предусмотренное настоящей статьей, добровольно сдавшее приобретенные прекурсоры наркотических средств или психотропных веществ, растения, содержащие прекурсоры наркотических средств или психотропных веществ, либо их части, содержащие прекурсоры наркотических средств или психотропных веществ, освобождается от административной ответственности за данное административное правонарушение. Не может признаваться добровольной сдачей прекурсоров наркотических средств или психотропных веществ, растений, содержащих прекурсоры наркотических средств или психотропных веществ, либо их частей, содержащих прекурсоры наркотических средств или психотропных веществ, их изъятие после возбуждения дела об административном правонарушении.
2. Действие настоящей статьи распространяется на оборот прекурсоров, включенных в список I и таблицу I списка IV Перечня наркотических средств, психотропных веществ и их прекурсоров, подлежащих контролю в Российской Федерации, утверждаемого Правительством Российской Федерации.
Статья 6.18. Нарушение установленных законодательством о физической культуре и спорте требований о предотвращении допинга в спорте и борьбе с ним
(введена Федеральным законом от 06.12.2011 N 413-ФЗ)
1. Нарушение тренером, специалистом по спортивной медицине или иным специалистом в области физической культуры и спорта установленных законодательством о физической культуре и спорте требований о предотвращении допинга в спорте и борьбе с ним, выразившееся в использовании в отношении спортсмена запрещенной субстанции и (или) запрещенного метода независимо от согласия спортсмена либо в содействии в использовании спортсменом или в отношении спортсмена запрещенной субстанции и (или) запрещенного метода, если эти действия не содержат уголовно наказуемого деяния, -
влечет дисквалификацию на срок от одного года до двух лет.
2. Те же действия, совершенные в отношении несовершеннолетнего спортсмена, если эти действия не содержат уголовно наказуемого деяния, -
влекут дисквалификацию на срок три года.
Примечания:
1. Под запрещенной субстанцией и (или) запрещенным методом в настоящей статье понимаются субстанция и (или) метод, включенные в перечни субстанций и (или) методов, запрещенных для использования в спорте, утвержденные федеральным органом исполнительной власти, осуществляющим функции по проведению государственной политики, нормативно-правовому регулированию, оказанию государственных услуг и управлению государственным имуществом в сфере физической культуры и спорта.
2. Под содействием в использовании спортсменом или в отношении спортсмена запрещенной субстанции и (или) запрещенного метода в настоящей статье понимаются любые действия, способствующие использованию запрещенной субстанции и (или) запрещенного метода, в том числе советы, указания, предоставление информации, предоставление запрещенных субстанций, средств применения запрещенных методов, устранение препятствий к использованию запрещенных субстанций и (или) запрещенных методов, а также сокрытие следов использования запрещенной субстанции и (или) запрещенного метода.
Глава 7. АДМИНИСТРАТИВНЫЕ ПРАВОНАРУШЕНИЯ В ОБЛАСТИ ОХРАНЫ СОБСТВЕННОСТИ
Статья 7.1. Самовольное занятие земельного участка
Самовольное занятие земельного участка или использование земельного участка без оформленных в установленном порядке правоустанавливающих документов на землю, а в случае необходимости без документов, разрешающих осуществление хозяйственной деятельности, -
влечет наложение административного штрафа на граждан в размере от пятисот до одной тысячи рублей; на должностных лиц - от одной тысячи до двух тысяч рублей; на юридических лиц - от десяти тысяч до двадцати тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 7.2. Уничтожение или повреждение специальных знаков (в ред. Федерального закона от 28.12.2009 N 380-ФЗ)
1. Уничтожение или повреждение межевых знаков границ земельных участков, а равно невыполнение обязанностей по сохранению указанных знаков - (в ред. Федерального закона от 28.12.2009 N 380-ФЗ)
влечет наложение административного штрафа на граждан в размере от трехсот до пятисот рублей; на должностных лиц - от пятисот до одной тысячи рублей; на юридических лиц - от пяти тысяч до десяти тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
2. Уничтожение или повреждение скважин государственной опорной наблюдательной сети, наблюдательных режимных створов на водных объектах, маркшейдерских знаков, а равно специальных информационных знаков, определяющих границы прибрежных защитных полос и водоохранных зон водных объектов, в том числе прибрежных полос внутренних морских вод и территориального моря Российской Федерации, знаков, информирующих граждан об ограничении водопользования на водных объектах общего пользования, знаков, обозначающих границы санитарно-защитных зон и иных зон с особыми условиями использования территорий, специальных знаков, обозначающих границы рыбопромысловых участков, указывающих на их принадлежность пользователю, знаков санитарных (горно-санитарных) зон и округов, лечебно-оздоровительных местностей и курортов, особо охраняемых природных территорий, лесоустроительных или лесохозяйственных знаков, а равно знаков, устанавливаемых пользователями животным миром, уполномоченными государственными органами по охране, контролю и регулированию использования объектов животного мира и среды их обитания, государственными органами, осуществляющими функции по контролю и надзору в области рыболовства и сохранения водных биологических ресурсов и среды их обитания, а также зданий и других сооружений, принадлежащих указанным пользователям и органам, - (в ред. Федерального закона от 28.12.2009 N 380-ФЗ)
влечет наложение административного штрафа на граждан в размере от трехсот до пятисот рублей; на должностных лиц - от пятисот до одной тысячи рублей; на юридических лиц - от пяти тысяч до десяти тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
3. Уничтожение, повреждение или снос пунктов государственных геодезических сетей либо стационарных пунктов наблюдений за состоянием окружающей среды и ее загрязнением, входящих в государственную наблюдательную сеть, а равно нарушение режима охранной зоны стационарных пунктов наблюдений за состоянием окружающей среды и ее загрязнением - (в ред. Федерального закона от 30.12.2008 N 309-ФЗ)
влечет наложение административного штрафа на граждан в размере от трехсот до пятисот рублей; на должностных лиц - от пятисот до одной тысячи рублей; на юридических лиц - от пяти тысяч до десяти тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
4. Неуведомление собственником, владельцем или пользователем земельного участка, здания либо сооружения, на которых размещены пункты, перечисленные в части 3 настоящей статьи, федерального
органа исполнительной власти по геодезии и картографии, гидрометеорологии и смежным с ней областям или его территориального (регионального) органа об уничтожении, о повреждении или о сносе этих пунктов, а равно отказ в предоставлении возможности подъезда (подхода) к этим пунктам для проведения на них наблюдений и иных работ -
влечет предупреждение или наложение административного штрафа в размере от ста до пятисот рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 7.3. Пользование недрами без лицензии на пользование недрами либо с нарушением условий, предусмотренных лицензией на пользование недрами, и (или) требований утвержденных в установленном порядке технических проектов
(в ред. Федерального закона от 28.12.2009 N 380-ФЗ)
1. Пользование недрами без лицензии на пользование недрами -
влечет наложение административного штрафа на граждан в размере от трех тысяч до пяти тысяч рублей; на должностных лиц - от тридцати тысяч до пятидесяти тысяч рублей; на юридических лиц - от восьмисот тысяч до одного миллиона рублей.
2. Пользование недрами с нарушением условий, предусмотренных лицензией на пользование недрами, и (или) требований утвержденного в установленном порядке технического проекта -
влечет наложение административного штрафа на граждан в размере от двух тысяч до трех тысяч рублей; на должностных лиц - от двадцати тысяч до сорока тысяч рублей; на юридических лиц - от трехсот тысяч до пятисот тысяч рублей.
Статья 7.4. Самовольная застройка площадей залегания полезных ископаемых
(в ред. Федерального закона от 28.12.2009 N 380-ФЗ)
Застройка площадей залегания полезных ископаемых, в том числе размещение в местах их залегания подземных сооружений без разрешения, необеспечение сохранности зданий, сооружений, а также особо охраняемых территорий и объектов окружающей среды при пользовании недрами -
влечет наложение административного штрафа на граждан в размере от двух тысяч до трех тысяч рублей; на должностных лиц - от двадцати тысяч до тридцати тысяч рублей; на юридических лиц - от ста тысяч до двухсот тысяч рублей.
Статья 7.5. Самовольная добыча янтаря
(в ред. Федерального закона от 28.12.2009 N 380-ФЗ)
Самовольная добыча янтаря, а равно сбыт незаконно добытого янтаря в натуральном и (или) переработанном виде -
влечет наложение административного штрафа на граждан в размере от трех тысяч до пяти тысяч рублей; на должностных лиц - от тридцати тысяч до пятидесяти тысяч рублей; на юридических лиц - от восьмисот тысяч до одного миллиона рублей.
Статья 7.6. Самовольное занятие водного объекта или пользование им с нарушением установленных условий (в ред. Федерального закона от 03.06.2006 N 73-ФЗ)
Самовольное занятие водного объекта или его части, либо использование их без документов, на основании которых возникает право пользования водным объектом или его частью, либо водопользование с нарушением его условий - (в ред. Федерального закона от 03.06.2006 N 73-ФЗ)
влечет наложение административного штрафа на граждан в размере от трехсот до пятисот рублей; на должностных лиц - от пятисот до одной тысячи рублей; на юридических лиц - от пяти тысяч до десяти тысяч рублей.
(в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 7.7. Повреждение объектов и систем водоснабжения, водоотведения, гидротехнических сооружений, устройств и установок водохозяйственного и водоохранного назначения (в ред. Федерального закона от 14.07.2008 N 118-ФЗ)
Повреждение объектов и систем водоснабжения, водоотведения, гидротехнических сооружений, устройств и установок водохозяйственного и водоохранного назначения - (в ред. Федерального закона от 14.07.2008 N 118-ФЗ)
влечет наложение административного штрафа на граждан в размере от одной тысячи до одной тысячи пятисот рублей; на должностных лиц - от двух тысяч до трех тысяч рублей; на юридических лиц - от двадцати тысяч до тридцати тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 7.8. Утратила силу. - Федеральный закон от 28.12.2009 N 380-ФЗ.
Статья 7.9. Самовольное занятие лесных участков (в ред. Федерального закона от 04.12.2006 N 201-ФЗ)
Самовольное занятие лесных участков или использование указанных участков для раскорчевки, переработки лесных ресурсов, устройства складов, возведения построек (строительства), распашки и других целей без специальных разрешений на использование указанных участков - (в ред. Федерального закона от 04.12.2006 N 201-ФЗ)
влечет наложение административного штрафа на граждан в размере от пятисот до одной тысячи рублей; на должностных лиц - от одной тысячи до двух тысяч рублей; на юридических лиц - от десяти тысяч до двадцати тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 7.10. Самовольная уступка права пользования землей, недрами, лесным участком или водным объектом (в ред. Федеральных законов от 04.12.2006 N 201-ФЗ, от 28.12.2009 N 380-ФЗ)
Самовольная уступка права пользования землей, недрами, лесным участком или водным объектом, а равно самовольная мена земельного участка - (в ред. Федеральных законов от 04.12.2006 N 201-ФЗ, от 28.12.2009 N 380-ФЗ)
влечет наложение административного штрафа на граждан в размере от пятисот до одной тысячи рублей; на должностных лиц - от одной тысячи до двух тысяч рублей; на юридических лиц - от десяти тысяч до двадцати тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 7.11. Пользование объектами животного мира и водными биологическими ресурсами без разрешения (в ред. Федеральных законов от 06.12.2007 N 333-ФЗ, от 24.07.2009 N 209-ФЗ)
Пользование объектами животного мира или водными биологическими ресурсами без разрешения, если разрешение обязательно, либо с нарушением условий, предусмотренных разрешением, а равно самовольная уступка права пользования объектами животного мира или права на добычу (вылов) водных биологических ресурсов, за исключением случаев, предусмотренных частью 2 статьи 8.17 настоящего Кодекса, - (в ред. Федеральных законов от 06.12.2007 N 333-ФЗ, от 28.12.2009 N 380-ФЗ, от 24.07.2009 N 209-ФЗ)
влечет наложение административного штрафа на граждан в размере от пятисот до одной тысячи рублей; на должностных лиц - от одной тысячи до двух тысяч рублей; на юридических лиц - от десяти тысяч до двадцати тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 7.12. Нарушение авторских и смежных прав, изобретательских и патентных прав
КонсультантПлюс: примечание. Об ответственности за использование результата интеллектуальной деятельности или средства
индивидуализации без согласия правообладателя см. статьи 1253, 1301, 1311, 1472, 1515, 1537 Гражданского кодекса РФ.
1. Ввоз, продажа, сдача в прокат или иное незаконное использование экземпляров произведений или фонограмм в целях извлечения дохода в случаях, если экземпляры произведений или фонограмм являются контрафактными в соответствии с законодательством Российской Федерации об авторском праве и смежных правах либо на экземплярах произведений или фонограмм указана ложная информация об их изготовителях, о местах их производства, а также об обладателях авторских и смежных прав, а равно иное нарушение авторских и смежных прав в целях извлечения дохода, за исключением случаев, предусмотренных частью 2 статьи 14.33 настоящего Кодекса, - (в ред. Федерального закона от 09.04.2007 N 45-ФЗ)
влечет наложение административного штрафа на граждан в размере от одной тысячи пятисот до двух тысяч рублей с конфискацией контрафактных экземпляров произведений и фонограмм, а также материалов и оборудования, используемых для их воспроизведения, и иных орудий совершения административного правонарушения; на должностных лиц - от десяти тысяч до двадцати тысяч рублей с конфискацией контрафактных экземпляров произведений и фонограмм, а также материалов и оборудования, используемых для их воспроизведения, и иных орудий совершения административного правонарушения; на юридических лиц - от тридцати тысяч до сорока тысяч рублей с конфискацией контрафактных экземпляров произведений и фонограмм, а также материалов и оборудования, используемых для их воспроизведения, и иных орудий совершения административного правонарушения. (в ред. Федеральных законов от 27.12.2005 N 193-ФЗ, от 22.06.2007 N 116-ФЗ)
2. Незаконное использование изобретения, полезной модели либо промышленного образца, за исключением случаев, предусмотренных частью 2 статьи 14.33 настоящего Кодекса, разглашение без согласия автора или заявителя сущности изобретения, полезной модели либо промышленного образца до официального опубликования сведений о них, присвоение авторства или принуждение к соавторству - (в ред. Федерального закона от 09.04.2007 N 45-ФЗ)
влечет наложение административного штрафа на граждан в размере от одной тысячи пятисот до двух тысяч рублей; на должностных лиц - от десяти тысяч до двадцати тысяч рублей; на юридических лиц - от тридцати тысяч до сорока тысяч рублей. (в ред. Федеральных законов от 27.12.2005 N 193-ФЗ, от 22.06.2007 N 116-ФЗ)
Статья 7.13. Нарушение требований сохранения, использования и охраны объектов культурного наследия (памятников истории и культуры) федерального значения, их территорий и зон их охраны
1. Нарушение требований сохранения, использования и охраны объектов культурного наследия (памятников истории и культуры) федерального значения, включенных в Государственный реестр объектов культурного наследия (Перечень объектов исторического и культурного наследия федерального (общероссийского) значения), их территорий, а равно несоблюдение ограничений, установленных в зонах их охраны, -
влечет предупреждение или наложение административного штрафа на граждан в размере от одной тысячи до одной тысячи пятисот рублей; на должностных лиц - от двух тысяч до трех тысяч рублей; на юридических лиц - от двадцати тысяч до тридцати тысяч рублей. (в ред. Федеральных законов от 22.06.2007 N 116-ФЗ, от 27.07.2010 N 239-ФЗ)
2. Действия (бездействие), предусмотренные частью 1 настоящей статьи, совершенные в отношении особо ценных объектов культурного наследия народов Российской Федерации, объектов культурного наследия (памятников истории и культуры), внесенных в Список всемирного культурного и природного наследия, на их территориях, на территориях историко-культурных заповедников (музеев-заповедников) федерального значения, а равно в зонах их охраны, -
влекут наложение административного штрафа на граждан в размере от двух тысяч до двух тысяч пятисот рублей; на должностных лиц - от четырех тысяч до пяти тысяч рублей; на юридических лиц - от сорока тысяч до пятидесяти тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
3. Действия (бездействие), предусмотренные частью 1 настоящей статьи, совершенные в отношении выявленных объектов культурного наследия или на их территориях, -
влекут наложение административного штрафа на граждан в размере от пятисот до одной тысячи рублей; на должностных лиц - от одной тысячи до двух тысяч рублей; на юридических лиц - от десяти тысяч до двадцати тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 7.14. Проведение земляных, строительных и иных работ без разрешения государственного органа охраны объектов культурного наследия
Проведение земляных, строительных, мелиоративных, хозяйственных и иных работ без разрешения государственного органа охраны объектов культурного наследия в случаях, если такое разрешение обязательно, -
влечет наложение административного штрафа на граждан в размере от одной тысячи до одной тысячи пятисот рублей; на должностных лиц - от двух тысяч до трех тысяч рублей; на юридических лиц - от двадцати тысяч до тридцати тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 7.15. Ведение археологических разведок или раскопок без разрешения
(в ред. Федерального закона от 26.07.2006 N 133-ФЗ)
1. Ведение археологических разведок или раскопок без полученного в установленном порядке разрешения (открытого листа) либо с нарушением условий, предусмотренных разрешением (открытым листом), -
влечет наложение административного штрафа на граждан в размере от одной тысячи пятисот до двух тысяч пятисот рублей с конфискацией предметов, добытых в результате раскопок, а также инструментов и оборудования, использованных для разведок или раскопок; на должностных лиц - от четырех тысяч до пяти тысяч рублей с конфискацией предметов, добытых в результате раскопок, а также инструментов и оборудования, использованных для разведок или раскопок; на юридических лиц - от сорока тысяч до пятидесяти тысяч рублей с конфискацией предметов, добытых в результате раскопок, а также инструментов и оборудования, использованных для разведок или раскопок. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
2. Действия, предусмотренные частью 1 настоящей статьи, повлекшие по неосторожности повреждение или уничтожение объекта археологического наследия, -
влекут наложение административного штрафа на граждан в размере от двух тысяч до двух тысяч пятисот рублей с конфискацией предметов, добытых в результате раскопок, а также инструментов и оборудования, использованных для разведок или раскопок; на должностных лиц - от четырех тысяч пятисот до пяти тысяч рублей с конфискацией предметов, добытых в результате раскопок, а также инструментов и оборудования, использованных для разведок или раскопок; на юридических лиц - от пятидесяти тысяч до ста тысяч рублей с конфискацией предметов, добытых в результате раскопок, а также инструментов и оборудования, использованных для разведок или раскопок. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 7.16. Незаконное предоставление земельных участков из состава земель историко-культурного назначения
(в ред. Федерального закона от 28.12.2009 N 380-ФЗ)
Незаконное предоставление земельных участков из состава земель историко-культурного назначения, незаконное изменение правового режима земельных участков из состава земель историко-культурного назначения -
влечет наложение административного штрафа на должностных лиц в размере от четырех тысяч до пяти тысяч рублей.
Статья 7.17. Уничтожение или повреждение чужого имущества
Умышленное уничтожение или повреждение чужого имущества, если эти действия не повлекли причинение значительного ущерба, -
влечет наложение административного штрафа в размере от трехсот до пятисот рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 7.18. Нарушение правил хранения, закупки или рационального использования зерна и продуктов его переработки, правил производства продуктов переработки зерна
Нарушение правил хранения, закупки или рационального использования зерна и продуктов его переработки, а также правил производства продуктов переработки зерна (за исключением случаев, когда такие правила содержатся в технических регламентах) - (в ред. Федерального закона от 18.07.2011 N 237-ФЗ)
влечет предупреждение или наложение административного штрафа на граждан в размере от пятисот до одной тысячи рублей; на должностных лиц - от одной тысячи до двух тысяч рублей; на юридических лиц - от десяти тысяч до двадцати тысяч рублей. (в ред. Федеральных законов от 22.06.2007 N 116-ФЗ, от 27.07.2010 N 239-ФЗ)
Статья 7.19. Самовольное подключение и использование электрической, тепловой энергии, нефти или газа
Самовольное подключение к энергетическим сетям, нефтепроводам, нефтепродуктопроводам и газопроводам, а равно самовольное (безучетное) использование электрической, тепловой энергии, нефти, газа или нефтепродуктов -
влечет наложение административного штрафа на граждан в размере от одной тысячи пятисот до двух тысяч рублей; на должностных лиц - от трех тысяч до четырех тысяч рублей; на юридических лиц - от тридцати тысяч до сорока тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 7.20. Самовольное подключение к централизованным системам водоснабжения и водоотведения (в ред. Федерального закона от 14.07.2008 N 118-ФЗ)
Самовольное подключение к централизованным системам водоснабжения и водоотведения - (в ред. Федерального закона от 14.07.2008 N 118-ФЗ)
влечет наложение административного штрафа на граждан в размере от одной тысячи до одной тысячи пятисот рублей; на должностных лиц - от двух тысяч до трех тысяч рублей; на юридических лиц - от двадцати тысяч до тридцати тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 7.21. Нарушение правил пользования жилыми помещениями
1. Порча жилых домов, жилых помещений, а равно порча их оборудования, самовольные переустройство и (или) перепланировка жилых домов и (или) жилых помещений либо использование их не по назначению - (в ред. Федерального закона от 28.12.2009 N 380-ФЗ)
влечет предупреждение или наложение административного штрафа на граждан в размере от одной тысячи до одной тысячи пятисот рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
2. Самовольная перепланировка жилых помещений в многоквартирных домах -
влечет наложение административного штрафа на граждан в размере от двух тысяч до двух тысяч пятисот рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 7.22. Нарушение правил содержания и ремонта жилых домов и (или) жилых помещений
Нарушение лицами, ответственными за содержание жилых домов и (или) жилых помещений, правил содержания и ремонта жилых домов и (или) жилых помещений либо порядка и правил признания их непригодными для постоянного проживания и перевода их в нежилые, а равно переустройство и (или) перепланировка жилых домов и (или) жилых помещений без согласия нанимателя (собственника), если переустройство и (или) перепланировка существенно изменяют условия пользования жилым домом и (или)
жилым помещением, - (в ред. Федерального закона от 28.12.2009 N 380-ФЗ)
влечет наложение административного штрафа на должностных лиц в размере от четырех тысяч до пяти тысяч рублей; на юридических лиц - от сорока тысяч до пятидесяти тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 7.23. Нарушение нормативов обеспечения населения коммунальными услугами
Нарушение нормативного уровня или режима обеспечения населения коммунальными услугами -
влечет наложение административного штрафа на должностных лиц в размере от пятисот до одной тысячи рублей; на юридических лиц - от пяти тысяч до десяти тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 7.23.1. Нарушение требований законодательства о раскрытии информации организациями, осуществляющими деятельность в сфере управления многоквартирными домами
(введена Федеральным законом от 06.12.2011 N 403-ФЗ)
1. Нарушение организациями и индивидуальными предпринимателями, осуществляющими деятельность в сфере управления многоквартирными домами на основании договоров управления, установленных стандартом раскрытия информации порядка, способов или сроков раскрытия информации, либо раскрытие информации не в полном объеме, либо предоставление недостоверной информации -
влечет наложение административного штрафа на должностных лиц в размере от тридцати тысяч до пятидесяти тысяч рублей; на юридических лиц и индивидуальных предпринимателей - от двухсот пятидесяти тысяч до трехсот тысяч рублей.
2. Совершение административного правонарушения, предусмотренного частью 1 настоящей статьи, должностным лицом, ранее подвергнутым административному наказанию за аналогичное административное правонарушение, -
влечет дисквалификацию на срок от одного года до трех лет.
Статья 7.24. Нарушение порядка распоряжения объектом нежилого фонда, находящимся в федеральной собственности, и использования указанного объекта
1. Распоряжение объектом нежилого фонда, находящимся в федеральной собственности, без разрешения специально уполномоченного федерального органа исполнительной власти -
влечет наложение административного штрафа на должностных лиц в размере от четырех тысяч до пяти тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
2. Использование находящегося в федеральной собственности объекта нежилого фонда без надлежаще оформленных документов либо с нарушением установленных норм и правил эксплуатации и содержания объектов нежилого фонда -
влечет наложение административного штрафа на граждан в размере от одной тысячи до одной тысячи пятисот рублей; на должностных лиц - от двух тысяч до трех тысяч рублей; на юридических лиц - от двадцати тысяч до тридцати тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 7.25. Уклонение от безвозмездной передачи копий геодезических или картографических материалов и данных в государственный картографо-геодезический фонд Российской Федерации
Уклонение от безвозмездной передачи одного экземпляра копий геодезических или картографических материалов и данных в государственный картографо-геодезический фонд Российской Федерации -
влечет наложение административного штрафа на граждан в размере от ста до трехсот рублей; на должностных лиц - от трехсот до пятисот рублей; на юридических лиц - от трех тысяч до пяти тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 7.26. Утрата материалов и данных государственного картографо-геодезического фонда Российской Федерации
Небрежное хранение пользователем материалов и данных государственного картографо-геодезического фонда Российской Федерации, повлекшее утрату таких материалов и данных, -
влечет наложение административного штрафа на граждан в размере от трехсот до пятисот рублей; на должностных лиц - от пятисот до одной тысячи рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 7.27. Мелкое хищение
Мелкое хищение чужого имущества путем кражи, мошенничества, присвоения или растраты при отсутствии признаков преступлений, предусмотренных частями второй, третьей и четвертой статьи 158, частями второй и третьей статьи 159 и частями второй и третьей статьи 160 Уголовного кодекса Российской Федерации, - (в ред. Федерального закона от 31.10.2002 N 133-ФЗ)
влечет наложение административного штрафа в размере до пятикратной стоимости похищенного имущества, но не менее одной тысячи рублей или административный арест на срок до пятнадцати суток. (в ред. Федеральных законов от 08.12.2003 N 161-ФЗ, от 22.06.2007 N 116-ФЗ, от 16.05.2008 N 74-ФЗ)
Примечание. Хищение чужого имущества признается мелким, если стоимость похищенного имущества не превышает одну тысячу рублей. (в ред. Федеральных законов от 31.10.2002 N 133-ФЗ, от 22.06.2007 N 116-ФЗ, от 16.05.2008 N 74-ФЗ)
Статья 7.27.1. Причинение имущественного ущерба путем обмана или злоупотребления доверием
(введена Федеральным законом от 07.12.2011 N 420-ФЗ)
Причинение имущественного ущерба собственнику или иному владельцу имущества путем обмана или злоупотребления доверием при отсутствии признаков уголовно наказуемого деяния -
влечет наложение административного штрафа в размере до пятикратной стоимости причиненного ущерба, но не менее пяти тысяч рублей.
Статья 7.28. Нарушение установленного порядка патентования объектов промышленной собственности в иностранных государствах
Нарушение установленного порядка патентования объектов промышленной собственности в иностранных государствах -
влечет наложение административного штрафа на граждан в размере от одной тысячи до двух тысяч рублей; на юридических лиц - от пятидесяти тысяч до восьмидесяти тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 7.29. Несоблюдение требований законодательства о размещении заказов на поставки товаров, выполнение работ, оказание услуг для нужд заказчиков при принятии решения о способе размещения заказа на поставку товаров, выполнение работ, оказание услуг (в ред. Федерального закона от 08.05.2010 N 83-ФЗ)
(в ред. Федерального закона от 24.07.2007 N 218-ФЗ)
1. Принятие должностным лицом заказчика, должностным лицом федерального органа исполнительной власти, органа исполнительной власти субъекта Российской Федерации, органа местного самоуправления, уполномоченных в соответствии с Федеральным законом от 21 июля 2005 года N 94-ФЗ "О размещении заказов на поставки товаров, выполнение работ, оказание услуг для государственных и муниципальных нужд" на осуществление функций по размещению заказов на поставки товаров, выполнение работ, оказание услуг для нужд заказчиков (далее в настоящей статье и статьях 7.30 - 7.32 настоящего Кодекса - уполномоченный орган), решения о способе размещения заказа на поставку товаров, выполнение работ, оказание услуг для нужд заказчиков (далее в настоящей статье и статьях 7.30 - 7.32 настоящего Кодекса также - размещение заказа) с нарушением требований, установленных
законодательством о размещении заказов на поставки товаров, выполнение работ, оказание услуг для государственных и муниципальных нужд, -
влечет наложение административного штрафа на должностных лиц в размере тридцати тысяч рублей. (часть 1 в ред. Федерального закона от 08.05.2010 N 83-ФЗ)
2. Принятие должностным лицом заказчика, должностным лицом уполномоченного органа решения о размещении заказа иным способом в случае, если размещение такого заказа в соответствии с законодательством Российской Федерации о размещении заказов на поставки товаров, выполнение работ, оказание услуг для государственных и муниципальных нужд должно осуществляться путем проведения торгов, а также принятие решения о размещении заказа иным способом в случае, если размещение такого заказа в соответствии с законодательством о размещении заказов на поставки товаров, выполнение работ, оказание услуг для государственных и муниципальных нужд должно осуществляться путем проведения торгов в форме аукциона, - (в ред. Федерального закона от 08.05.2010 N 83-ФЗ)
влечет наложение административного штрафа на должностных лиц в размере пятидесяти тысяч рублей.
Статья 7.30. Нарушение порядка размещения заказа на поставки товаров, выполнение работ, оказание услуг для нужд заказчиков (в ред. Федерального закона от 08.05.2010 N 83-ФЗ)
(введена Федеральным законом от 02.02.2006 N 19-ФЗ)
1. Нарушение должностным лицом заказчика, должностным лицом уполномоченного органа, юридическим лицом, привлеченным на основе договора для осуществления функций по размещению заказа на поставки товаров, выполнение работ, оказание услуг для нужд заказчика путем проведения торгов (далее - специализированная организация), сроков опубликования в официальном печатном издании или сроков размещения на официальном сайте в информационно-телекоммуникационной сети "Интернет" (далее - сеть "Интернет") информации о размещении заказа путем проведения торгов, подлежащей в соответствии с законодательством Российской Федерации о размещении заказов на поставки товаров, выполнение работ, оказание услуг для государственных и муниципальных нужд такому опубликованию или такому размещению, не более чем на два рабочих дня либо нарушение сроков направления в уполномоченный на осуществление контроля в сфере размещения заказов федеральный орган исполнительной власти приглашений принять участие в закрытом конкурсе или аукционе, протоколов вскрытия конвертов с заявками на участие в закрытом конкурсе, протоколов оценки и сопоставления заявок на участие в закрытом конкурсе, протоколов рассмотрения заявок на участие в закрытом аукционе, протоколов аукциона не более чем на два рабочих дня - (в ред. Федеральных законов от 08.05.2010 N 83-ФЗ, от 11.07.2011 N 200-ФЗ)
влечет наложение административного штрафа на должностных лиц в размере трех тысяч рублей; на юридических лиц - десяти тысяч рублей. (часть первая в ред. Федерального закона от 17.07.2009 N 160-ФЗ)
1.1. Нарушение должностным лицом заказчика, должностным лицом уполномоченного органа, специализированной организацией сроков опубликования в официальном печатном издании или сроков размещения на официальном сайте в сети "Интернет" информации о размещении заказа путем проведения торгов, подлежащей в соответствии с законодательством Российской Федерации о размещении заказов на поставки товаров, выполнение работ, оказание услуг для государственных и муниципальных нужд такому опубликованию или такому размещению, более чем на два рабочих дня либо нарушение сроков направления в уполномоченный на осуществление контроля в сфере размещения заказов федеральный орган исполнительной власти приглашений принять участие в закрытом конкурсе или аукционе, протоколов вскрытия конвертов с заявками на участие в закрытом конкурсе, протоколов оценки и сопоставления заявок на участие в закрытом конкурсе, протоколов рассмотрения заявок на участие в закрытом аукционе, протоколов аукциона более чем на два рабочих дня - (в ред. Федерального закона от 08.05.2010 N 83-ФЗ)
влечет наложение административного штрафа на должностных лиц в размере тридцати тысяч рублей; на юридических лиц - ста тысяч рублей.
(часть первая.1 введена Федеральным законом от 17.07.2009 N 160-ФЗ)
1.2. Нарушение должностным лицом заказчика, должностным лицом уполномоченного органа, специализированной организацией сроков опубликования в официальном печатном издании или сроков размещения на официальном сайте в сети "Интернет" информации о размещении заказа путем запроса котировок, подлежащей в соответствии с законодательством Российской Федерации о размещении заказов на поставки товаров, выполнение работ, оказание услуг для государственных и муниципальных нужд такому опубликованию или такому размещению, не более чем на один рабочий день - (в ред. Федерального закона от 08.05.2010 N 83-ФЗ)
влечет наложение административного штрафа на должностных лиц в размере трех тысяч рублей; на юридических лиц - десяти тысяч рублей. (часть первая.2 введена Федеральным законом от 17.07.2009 N 160-ФЗ)
1.3. Нарушение должностным лицом заказчика, должностным лицом уполномоченного органа, специализированной организацией сроков опубликования в официальном печатном издании или сроков размещения на официальном сайте в сети "Интернет" информации о размещении заказа путем запроса котировок, подлежащей в соответствии с законодательством Российской Федерации о размещении заказов на поставки товаров, выполнение работ, оказание услуг для государственных и муниципальных нужд такому опубликованию или такому размещению, более чем на один рабочий день - (в ред. Федерального закона от 08.05.2010 N 83-ФЗ)
влечет наложение административного штрафа на должностных лиц в размере пятнадцати тысяч рублей; на юридических лиц - пятидесяти тысяч рублей. (часть первая.3 введена Федеральным законом от 17.07.2009 N 160-ФЗ)
1.4. Опубликование должностным лицом заказчика, должностным лицом уполномоченного органа, специализированной организацией в официальном печатном издании или размещение на официальном сайте в сети "Интернет" информации о размещении заказа, подлежащей в соответствии с законодательством Российской Федерации о размещении заказов на поставки товаров, выполнение работ, оказание услуг для государственных и муниципальных нужд такому опубликованию или такому размещению, с нарушением требований законодательства Российской Федерации о размещении заказов на поставки товаров, выполнение работ, оказание услуг для государственных и муниципальных нужд либо нарушение указанными лицами порядка предоставления конкурсной документации или документации об аукционе, порядка разъяснения такой документации, порядка приема заявок на участие в конкурсе, заявок на участие в аукционе или заявок на участие в запросе котировок - (в ред. Федерального закона от 08.05.2010 N 83-ФЗ)
влечет наложение административного штрафа на должностных лиц в размере пятнадцати тысяч рублей; на юридических лиц - пятидесяти тысяч рублей. (часть первая.4 введена Федеральным законом от 17.07.2009 N 160-ФЗ)
2. Нарушение членом конкурсной или единой комиссии порядка вскрытия конвертов с заявками на участие в конкурсе на право заключить контракт на поставки товаров, выполнение работ, оказание услуг для нужд заказчика, порядка открытия доступа к поданным в форме электронных документов заявкам на участие в таком конкурсе и порядка оценки и сопоставления заявок на участие в конкурсе, либо нарушение членом конкурсной, аукционной или единой комиссии порядка отбора участников конкурса или участников аукциона на право заключить контракт, в том числе отказ в допуске к участию в конкурсе или аукционе по основаниям, не предусмотренным законодательством Российской Федерации о размещении заказов на поставки товаров, выполнение работ, оказание услуг для государственных и муниципальных нужд, либо нарушение членом аукционной или единой комиссии порядка проведения аукциона - (в ред. Федерального закона от 08.05.2010 N 83-ФЗ)
влечет наложение административного штрафа в размере 1 процента начальной (максимальной) цены контракта, но не менее пяти тысяч рублей и не более тридцати тысяч рублей. (часть вторая в ред. Федерального закона от 17.07.2009 N 160-ФЗ)
2.1. Нарушение должностным лицом заказчика, членом конкурсной, аукционной, котировочной или единой комиссии предусмотренных законодательством Российской Федерации о размещении заказов на поставки товаров, выполнение работ, оказание услуг для государственных и муниципальных нужд требований к содержанию протокола, составленного в ходе проведения конкурса, аукциона, запроса
котировок, - (в ред. Федерального закона от 08.05.2010 N 83-ФЗ)
влечет наложение административного штрафа в размере десяти тысяч рублей. (часть вторая.1 введена Федеральным законом от 17.07.2009 N 160-ФЗ)
3. Неопубликование должностным лицом заказчика, должностным лицом уполномоченного органа, специализированной организацией, должностным лицом органа, уполномоченного на ведение официального сайта в сети "Интернет", редакцией официального печатного издания, оказывающей услуги по обслуживанию официального сайта в сети "Интернет" и обеспечению функционирования такого сайта организацией или неразмещение на официальном сайте в сети "Интернет" информации о размещении заказов, подлежащей в соответствии с законодательством о размещении заказов на поставки товаров, выполнение работ, оказание услуг для государственных и муниципальных нужд такому опубликованию или такому размещению, - (в ред. Федерального закона от 08.05.2010 N 83-ФЗ)
влечет наложение административного штрафа на должностных лиц в размере пятидесяти тысяч рублей; на юридических лиц - в размере пятисот тысяч рублей. (часть третья введена Федеральным законом от 24.07.2007 N 218-ФЗ)
4. Установление должностным лицом заказчика, должностным лицом уполномоченного органа не предусмотренных законодательством о размещении заказов на поставки товаров, выполнение работ, оказание услуг для государственных и муниципальных нужд критериев оценки заявок на участие в конкурсе и (или) их значимости, требований к участникам размещения заказов, к размеру обеспечения заявок на участие в конкурсе или аукционе, размеру и способам обеспечения исполнения контракта, представлению участниками размещения заказа в составе котировочной заявки, заявки на участие в конкурсе, заявки на участие в аукционе не предусмотренных законодательством о размещении заказов на поставки товаров, выполнение работ, оказание услуг для государственных и муниципальных нужд документов и сведений, а также включение в состав одного лота товаров, работ, услуг, технологически и функционально не связанных между собой, - (в ред. Федерального закона от 08.05.2010 N 83-ФЗ)
влечет наложение административного штрафа в размере 1 процента начальной (максимальной) цены контракта, но не менее пяти тысяч рублей и не более тридцати тысяч рублей. (в ред. Федерального закона от 17.07.2009 N 160-ФЗ) (часть четвертая введена Федеральным законом от 24.07.2007 N 218-ФЗ)
4.1. Включение должностным лицом заказчика, должностным лицом уполномоченного органа в конкурсную документацию, документацию об аукционе или извещение о проведении запроса котировок указания на товарные знаки, знаки обслуживания, фирменные наименования, патенты, полезные модели, промышленные образцы, наименование места происхождения товара или наименование производителя, а также требований к товару, информации, работам, услугам, если такие требования влекут за собой ограничение количества участников размещения заказа, - (в ред. Федерального закона от 08.05.2010 N 83-ФЗ)
влечет наложение административного штрафа в размере 1 процента начальной (максимальной) цены контракта, но не менее десяти тысяч рублей и не более пятидесяти тысяч рублей. (часть четвертая.1 введена Федеральным законом от 17.07.2009 N 160-ФЗ)
4.2. Утверждение конкурсной документации, документации об аукционе, не соответствующей требованиям, предусмотренным законодательством Российской Федерации о размещении заказов на поставки товаров, выполнение работ, оказание услуг для государственных и муниципальных нужд, -
влечет наложение административного штрафа на должностных лиц в размере трех тысяч рублей. (часть четвертая.2 введена Федеральным законом от 17.07.2009 N 160-ФЗ)
5. Нарушение должностным лицом органа, уполномоченного на ведение официального сайта в сети "Интернет", редакцией официального печатного издания, оказывающей услуги по обслуживанию официального сайта в сети "Интернет" и обеспечению функционирования такого сайта организацией сроков опубликования в официальном печатном издании или сроков размещения на официальном сайте в сети "Интернет" информации о размещении заказов на поставки товаров, выполнение работ, оказание услуг для
нужд заказчика, подлежащей в соответствии с законодательством о размещении заказов на поставки товаров, выполнение работ, оказание услуг для государственных и муниципальных нужд такому опубликованию или такому размещению, опубликование в официальном печатном издании или размещение на официальном сайте в сети "Интернет" указанной информации с нарушением требований законодательства о размещении заказов на поставки товаров, выполнение работ, оказание услуг для государственных и муниципальных нужд - (в ред. Федерального закона от 08.05.2010 N 83-ФЗ)
влечет наложение административного штрафа на должностных лиц в размере тридцати тысяч рублей; на юридических лиц - в размере ста тысяч рублей. (часть пятая введена Федеральным законом от 24.07.2007 N 218-ФЗ)
6. Отклонение членом котировочной или единой комиссии котировочной заявки по основаниям, не предусмотренным законодательством о размещении заказов на поставки товаров, выполнение работ, оказание услуг для государственных и муниципальных нужд, и (или) рассмотрение котировочной заявки, которая в соответствии с законодательством о размещении заказов на поставки товаров, выполнение работ, оказание услуг для государственных и муниципальных нужд должна быть отклонена, - (в ред. Федерального закона от 17.07.2009 N 160-ФЗ)
влечет наложение административного штрафа в размере 5 процентов начальной (максимальной) цены контракта. (в ред. Федерального закона от 17.07.2009 N 160-ФЗ) (часть шестая введена Федеральным законом от 24.07.2007 N 218-ФЗ)
7. Выбор членом конкурсной, аукционной, котировочной или единой комиссии победителя торгов, победителя в проведении запроса котировок с нарушением требований законодательства о размещении заказов на поставки товаров, выполнение работ, оказание услуг для государственных и муниципальных нужд - (в ред. Федерального закона от 17.07.2009 N 160-ФЗ)
влечет наложение административного штрафа в размере пятидесяти тысяч рублей. (часть седьмая введена Федеральным законом от 24.07.2007 N 218-ФЗ)
8. Сокращение должностным лицом заказчика, должностным лицом уполномоченного органа, членом конкурсной, аукционной, котировочной или единой комиссии сроков подачи заявок на участие в конкурсе, заявок на участие в аукционе, котировочных заявок, за исключением случаев, если законодательством о размещении заказов на поставки товаров, выполнение работ, оказание услуг для государственных и муниципальных нужд допускается сокращение указанных сроков, - (в ред. Федеральных законов от 17.07.2009 N 160-ФЗ, от 08.05.2010 N 83-ФЗ)
влечет наложение административного штрафа в размере тридцати тысяч рублей. (в ред. Федерального закона от 17.07.2009 N 160-ФЗ) (часть восьмая введена Федеральным законом от 24.07.2007 N 218-ФЗ)
9. Нарушение должностным лицом органа, уполномоченного на ведение официального сайта в сети "Интернет", оказывающей услуги по обслуживанию официального сайта в сети "Интернет" и обеспечению функционирования такого сайта организацией порядка пользования официальным сайтом в сети "Интернет" для размещения информации о размещении заказов на поставки товаров, выполнение работ, оказание услуг для нужд заказчиков и требований к технологическим, программным, лингвистическим, правовым, организационным средствам обеспечения пользования указанным сайтом - (в ред. Федерального закона от 08.05.2010 N 83-ФЗ)
влечет наложение административного штрафа в размере десяти тысяч рублей. (часть девятая введена Федеральным законом от 24.07.2007 N 218-ФЗ)
10. Нарушение заказчиком, уполномоченным органом, оператором электронной площадки порядка проведения открытого аукциона в электронной форме, а также нарушение оператором электронной площадки порядка аккредитации участников размещения заказа -
влечет наложение административного штрафа на должностных лиц в размере пятидесяти тысяч рублей; на юридических лиц - в размере трехсот тысяч рублей. (часть десятая введена Федеральным законом от 24.07.2007 N 218-ФЗ)
11. Неразмещение должностным лицом заказчика заказов на поставки товаров, выполнение работ, оказание услуг для нужд заказчиков у субъектов малого предпринимательства в размере, предусмотренном законодательством Российской Федерации о размещении заказов на поставки товаров, выполнение работ, оказание услуг для государственных и муниципальных нужд, - (в ред. Федерального закона от 08.05.2010 N 83-ФЗ)
влечет наложение административного штрафа в размере пятидесяти тысяч рублей. (часть одиннадцатая введена Федеральным законом от 17.07.2009 N 160-ФЗ)
12. Размещение должностным лицом заказчика заказов на поставки товаров, выполнение работ, оказание услуг для нужд заказчиков у субъектов малого предпринимательства в размере более чем 20 процентов общего годового объема поставок товаров, выполнения работ, оказания услуг в соответствии с перечнем товаров, работ, услуг, установленным Правительством Российской Федерации, путем проведения торгов, запроса котировок - (в ред. Федерального закона от 08.05.2010 N 83-ФЗ)
влечет наложение административного штрафа в размере пятидесяти тысяч рублей. (часть двенадцатая введена Федеральным законом от 17.07.2009 N 160-ФЗ)
13. Нарушение членом конкурсной, аукционной, котировочной или единой комиссии, должностным лицом заказчика, должностным лицом уполномоченного органа сроков, предусмотренных законодательством Российской Федерации о размещении заказов на поставки товаров, выполнение работ, оказание услуг для государственных и муниципальных нужд для подписания протоколов при проведении конкурса, аукциона, запроса котировок, не более чем на два рабочих дня - (в ред. Федерального закона от 08.05.2010 N 83-ФЗ)
влечет наложение административного штрафа в размере трех тысяч рублей. (часть тринадцатая введена Федеральным законом от 17.07.2009 N 160-ФЗ)
14. Нарушение членом конкурсной, аукционной, котировочной или единой комиссии, должностным лицом заказчика, должностным лицом уполномоченного органа сроков, предусмотренных законодательством Российской Федерации о размещении заказов на поставки товаров, выполнение работ, оказание услуг для государственных и муниципальных нужд для подписания протоколов при проведении конкурса, аукциона, запроса котировок, более чем на два рабочих дня - (в ред. Федерального закона от 08.05.2010 N 83-ФЗ)
влечет наложение административного штрафа в размере тридцати тысяч рублей. (часть четырнадцатая введена Федеральным законом от 17.07.2009 N 160-ФЗ)
Статья 7.31. Предоставление, опубликование или размещение недостоверной информации о размещении заказов на поставки товаров, выполнение работ, оказание услуг для нужд заказчиков, а также направление недостоверных сведений, внесение их в реестр контрактов, заключенных по итогам размещения заказов, реестр недобросовестных поставщиков (в ред. Федерального закона от 08.05.2010 N 83-ФЗ)
(в ред. Федерального закона от 24.07.2007 N 218-ФЗ)
1. Предоставление, опубликование в официальном печатном издании или размещение на официальном сайте в сети "Интернет" должностным лицом заказчика, уполномоченного органа, специализированной организацией, должностным лицом органа, уполномоченного на ведение официального сайта в сети "Интернет", оказывающей услуги по обслуживанию официального сайта в сети "Интернет" и обеспечению функционирования такого сайта организацией недостоверной информации о размещении заказов на поставки товаров, выполнение работ, оказание услуг для нужд заказчиков, а также направление должностным лицом заказчика недостоверных сведений в федеральный орган исполнительной власти, орган исполнительной власти субъекта Российской Федерации, орган местного самоуправления, уполномоченные на ведение реестров контрактов, заключенных по итогам размещения заказов, и (или) в федеральный орган исполнительной власти, уполномоченный на осуществление контроля в сфере размещения заказов на поставки товаров, выполнение работ, оказание услуг для нужд заказчиков, либо внесение должностным лицом федерального органа исполнительной власти, органа исполнительной власти субъекта Российской Федерации или органа местного самоуправления, уполномоченных на ведение реестров контрактов, заключенных по итогам размещения заказов, заведомо недостоверных сведений в указанные реестры контрактов либо реестр недобросовестных поставщиков - (в ред. Федерального закона от 08.05.2010 N 83-ФЗ)
влечет наложение административного штрафа на должностных лиц в размере пятидесяти тысяч рублей; на юридических лиц - в размере трехсот тысяч рублей.
2. Внесение должностным лицом федерального органа исполнительной власти, уполномоченного на осуществление контроля в сфере размещения заказов на поставки товаров, выполнение работ, оказание услуг для нужд заказчика, заведомо недостоверных сведений в реестр контрактов, заключенных по итогам размещения заказов, или реестр недобросовестных поставщиков - (в ред. Федерального закона от 08.05.2010 N 83-ФЗ)
влечет наложение административного штрафа в размере пятидесяти тысяч рублей.
3. Нарушение должностным лицом федерального органа исполнительной власти, органа исполнительной власти субъекта Российской Федерации, органа местного самоуправления, уполномоченных на ведение реестров контрактов, заключенных по итогам размещения заказов, порядка ведения реестров контрактов - (в ред. Федерального закона от 08.05.2010 N 83-ФЗ)
влечет наложение административного штрафа в размере десяти тысяч рублей. (часть третья введена Федеральным законом от 17.07.2009 N 160-ФЗ)
Статья 7.31.1. Нарушение сроков возврата денежных средств, порядка и (или) сроков блокирования операций по счету участника размещения заказа, порядка ведения реестра участников размещения заказа, правил документооборота при проведении открытого аукциона в электронной форме, разглашение оператором электронной площадки, должностным лицом оператора электронной площадки сведений об участнике размещения заказа до подведения результатов открытого аукциона в электронной форме
(введена Федеральным законом от 17.07.2009 N 160-ФЗ)
1. Нарушение должностным лицом заказчика, должностным лицом уполномоченного органа, оператором электронной площадки срока возврата денежных средств, внесенных в качестве обеспечения заявки на участие в конкурсе, аукционе, открытом аукционе в электронной форме, установленного законодательством Российской Федерации о размещении заказов на поставки товаров, выполнение работ, оказание услуг для государственных и муниципальных нужд, не более чем на три рабочих дня - (в ред. Федерального закона от 08.05.2010 N 83-ФЗ)
влечет наложение административного штрафа на должностных лиц в размере пяти тысяч рублей; на юридических лиц - тридцати тысяч рублей.
2. Нарушение должностным лицом заказчика, должностным лицом уполномоченного органа, оператором электронной площадки срока возврата денежных средств, внесенных в качестве обеспечения заявки на участие в конкурсе, аукционе, открытом аукционе в электронной форме, установленного законодательством Российской Федерации о размещении заказов на поставки товаров, выполнение работ, оказание услуг для государственных и муниципальных нужд, более чем на три рабочих дня - (в ред. Федерального закона от 08.05.2010 N 83-ФЗ)
влечет наложение административного штрафа на должностных лиц в размере пятнадцати тысяч рублей; на юридических лиц - девяноста тысяч рублей.
3. Нарушение оператором электронной площадки порядка и (или) сроков блокирования, прекращения блокирования операций по счету участника размещения заказа для проведения операций по обеспечению участия в открытых аукционах в электронной форме -
влечет наложение административного штрафа в размере пятнадцати тысяч рублей.
4. Нарушение оператором электронной площадки порядка ведения реестра участников размещения заказа, получивших аккредитацию на электронной площадке, -
влечет наложение административного штрафа в размере пятнадцати тысяч рублей.
5. Нарушение оператором электронной площадки правил документооборота при проведении открытого аукциона в электронной форме, а также порядка и (или) сроков размещения, направления информации и (или) уведомлений, проектов контрактов, установленных законодательством Российской Федерации о размещении заказов на поставки товаров, выполнение работ, оказание услуг для
государственных и муниципальных нужд, - (в ред. Федерального закона от 08.05.2010 N 83-ФЗ)
влечет наложение административного штрафа в размере тридцати тысяч рублей.
6. Разглашение оператором электронной площадки, должностным лицом оператора электронной площадки сведений об участнике размещения заказа до подведения результатов открытого аукциона в электронной форме -
влечет наложение административного штрафа на должностных лиц в размере пятидесяти тысяч рублей; на юридических лиц - двухсот пятидесяти тысяч рублей.
Статья 7.32. Нарушение условий контракта на поставки товаров, выполнение работ, оказание услуг для нужд заказчиков в соответствии с законодательством Российской Федерации о размещении заказов на поставки товаров, выполнение работ, оказание услуг для государственных и муниципальных нужд (в ред. Федерального закона от 08.05.2010 N 83-ФЗ)
(введена Федеральным законом от 02.02.2006 N 19-ФЗ)
1. Заключение контракта на поставки товаров, выполнение работ, оказание услуг для нужд заказчиков по результатам проведения торгов или проведения запроса котировок цен на товары, работы, услуги с нарушением объявленных условий торгов или запроса котировок цен на товары, работы, услуги либо условий исполнения контракта, предложенных лицом, с которым в соответствии с законодательством Российской Федерации о размещении заказов на поставки товаров, выполнение работ, оказание услуг для государственных и муниципальных нужд заключается контракт, - (в ред. Федерального закона от 08.05.2010 N 83-ФЗ)
влечет наложение административного штрафа на должностных лиц в размере 1 процента начальной (максимальной) цены контракта, но не менее пяти тысяч рублей и не более тридцати тысяч рублей. (в ред. Федеральных законов от 22.06.2007 N 116-ФЗ, от 24.07.2007 N 218-ФЗ, от 17.07.2009 N 160-ФЗ)
1.1. Заключение контракта на поставку товаров, выполнение работ, оказание услуг для нужд заказчиков по результатам проведения торгов или проведения запроса котировок цен на товары, работы, услуги с нарушением объявленных условий торгов или запроса котировок цен на товары, работы, услуги либо условий исполнения контракта, предложенных лицом, с которым в соответствии с законодательством Российской Федерации о размещении заказов на поставки товаров, выполнение работ, оказание услуг для государственных и муниципальных нужд заключается контракт, если такое нарушение привело к дополнительному расходованию средств соответствующих бюджетов бюджетной системы Российской Федерации или уменьшению количества поставляемых товаров, объема выполняемых работ, оказываемых услуг для нужд заказчиков, - (в ред. Федерального закона от 08.05.2010 N 83-ФЗ)
влечет наложение административного штрафа на должностных лиц, юридических лиц в размере двукратного размера дополнительно израсходованных средств соответствующих бюджетов бюджетной системы Российской Федерации или стоимости товаров, работ, услуг, количество, объем которых уменьшены и которые явились предметами административного правонарушения. (в ред. Федерального закона от 17.07.2009 N 160-ФЗ) (часть первая.1 введена Федеральным законом от 24.07.2007 N 218-ФЗ)
1.2. Нарушение должностным лицом заказчика сроков заключения контракта на поставку товаров, выполнение работ, оказание услуг для нужд заказчиков, а равно уклонение должностного лица заказчика от заключения контракта на поставки товаров, выполнение работ, оказание услуг для нужд заказчиков - (в ред. Федерального закона от 08.05.2010 N 83-ФЗ)
влечет наложение административного штрафа в размере пятидесяти тысяч рублей. (в ред. Федерального закона от 17.07.2009 N 160-ФЗ) (часть первая.2 введена Федеральным законом от 24.07.2007 N 218-ФЗ)
2. Изменение условий контракта на поставки товаров, выполнение работ, оказание услуг для нужд заказчиков, в том числе увеличение цены товаров, работ, услуг, если возможность изменения условий контракта не предусмотрена федеральным законом, - (в ред. Федеральных законов от 24.07.2007 N 218-ФЗ, от 17.07.2009 N 160-ФЗ, от 08.05.2010 N 83-ФЗ)
влечет наложение административного штрафа на должностных лиц в размере двадцати тысяч рублей. (в ред. Федеральных законов от 22.06.2007 N 116-ФЗ, от 24.07.2007 N 218-ФЗ, от 17.07.2009 N 160-ФЗ)
3. Изменение условий контракта на поставку товаров, выполнение работ, оказание услуг для нужд заказчиков, в том числе увеличение цены товаров, работ, услуг, если возможность изменения условий контракта не предусмотрена федеральным законом и такое изменение привело к дополнительному расходованию средств соответствующих бюджетов бюджетной системы Российской Федерации или уменьшению количества поставляемых товаров, объема выполняемых работ, оказываемых услуг для нужд заказчиков, - (в ред. Федеральных законов от 17.07.2009 N 160-ФЗ, от 08.05.2010 N 83-ФЗ)
влечет наложение административного штрафа на должностных лиц, юридических лиц в размере двукратного размера дополнительно израсходованных средств соответствующих бюджетов бюджетной системы Российской Федерации или стоимости товаров, работ, услуг, количество, объем которых уменьшены и которые явились предметами административного правонарушения. (в ред. Федерального закона от 17.07.2009 N 160-ФЗ) (часть третья введена Федеральным законом от 24.07.2007 N 218-ФЗ)
Статья 7.33. Уклонение от передачи обнаруженных в результате археологических полевых работ культурных ценностей на постоянное хранение в государственную часть Музейного фонда Российской Федерации
(введена Федеральным законом от 26.07.2006 N 133-ФЗ)
Уклонение от передачи обнаруженных в результате археологических полевых работ культурных ценностей (включая антропогенные, антропологические, палеозоологические, палеоботанические и иные объекты, имеющие историко-культурную ценность) на постоянное хранение в государственную часть Музейного фонда Российской Федерации -
влечет наложение административного штрафа на граждан в размере от одной тысячи пятисот до двух тысяч пятисот рублей; на должностных лиц - от трех тысяч до четырех тысяч рублей; на юридических лиц - от тридцати тысяч до сорока тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Глава 8. АДМИНИСТРАТИВНЫЕ ПРАВОНАРУШЕНИЯ В ОБЛАСТИ ОХРАНЫ ОКРУЖАЮЩЕЙ СРЕДЫ И ПРИРОДОПОЛЬЗОВАНИЯ
(в ред. Федерального закона от 30.12.2008 N 309-ФЗ)
Статья 8.1. Несоблюдение экологических требований при осуществлении градостроительной деятельности и эксплуатации предприятий, сооружений или иных объектов (в ред. Федерального закона от 28.12.2009 N 380-ФЗ)
Несоблюдение экологических требований при территориальном планировании, градостроительном зонировании, планировке территории, архитектурно-строительном проектировании, строительстве, капитальном ремонте, реконструкции, вводе в эксплуатацию, эксплуатации, выводе из эксплуатации зданий, строений, сооружений и иных объектов капитального строительства - (в ред. Федерального закона от 28.12.2009 N 380-ФЗ)
влечет предупреждение или наложение административного штрафа на граждан в размере от одной тысячи до двух тысяч рублей; на должностных лиц - от двух тысяч до пяти тысяч рублей; на юридических лиц - от двадцати тысяч до ста тысяч рублей. (в ред. Федеральных законов от 26.12.2005 N 183-ФЗ, от 22.06.2007 N 116-ФЗ, от 27.07.2010 N 239-ФЗ)
Статья 8.2. Несоблюдение экологических и санитарно-эпидемиологических требований при обращении с отходами производства и потребления или иными опасными веществами
Несоблюдение экологических и санитарно-эпидемиологических требований при сборе, накоплении, использовании, обезвреживании, транспортировании, размещении и ином обращении с отходами производства и потребления или иными опасными веществами - (в ред. Федерального закона от 28.12.2009 N 380-ФЗ)
влечет наложение административного штрафа на граждан в размере от одной тысячи до двух тысяч
рублей; на должностных лиц - от десяти тысяч до тридцати тысяч рублей; на лиц, осуществляющих предпринимательскую деятельность без образования юридического лица, - от тридцати тысяч до пятидесяти тысяч рублей или административное приостановление деятельности на срок до девяноста суток; на юридических лиц - от ста тысяч до двухсот пятидесяти тысяч рублей или административное приостановление деятельности на срок до девяноста суток. (в ред. Федерального закона от 30.12.2008 N 309-ФЗ)
Статья 8.3. Нарушение правил обращения с пестицидами и агрохимикатами
Нарушение правил испытаний, производства, транспортировки, хранения, применения и иного обращения с пестицидами и агрохимикатами (за исключением случаев, когда такие правила содержатся в технических регламентах), которое может повлечь причинение вреда окружающей среде, - (в ред. Федеральных законов от 30.12.2008 N 309-ФЗ, от 18.07.2011 N 237-ФЗ)
влечет наложение административного штрафа на граждан в размере от одной тысячи до двух тысяч рублей; на должностных лиц - от двух тысяч до пяти тысяч рублей; на лиц, осуществляющих предпринимательскую деятельность без образования юридического лица, - от двух тысяч до пяти тысяч рублей или административное приостановление деятельности на срок до девяноста суток; на юридических лиц - от десяти тысяч до ста тысяч рублей или административное приостановление деятельности на срок до девяноста суток. (в ред. Федеральных законов от 26.12.2005 N 183-ФЗ, от 22.06.2007 N 116-ФЗ)
Статья 8.4. Нарушение законодательства об экологической экспертизе
1. Невыполнение требований законодательства об обязательности проведения государственной экологической экспертизы, финансирование или реализация проектов, программ и иной документации, подлежащих государственной экологической экспертизе и не получивших положительного заключения государственной экологической экспертизы, -
влечет предупреждение или наложение административного штрафа на граждан в размере от одной тысячи пятисот до двух тысяч рублей; на должностных лиц - от пяти тысяч до десяти тысяч рублей; на юридических лиц - от пятидесяти тысяч до ста тысяч рублей. (в ред. Федеральных законов от 26.12.2005 N 183-ФЗ, от 22.06.2007 N 116-ФЗ, от 27.07.2010 N 239-ФЗ)
2. Осуществление деятельности, не соответствующей документации, которая получила положительное заключение государственной экологической экспертизы, -
влечет наложение административного штрафа на граждан в размере от двух тысяч до двух тысяч пятисот рублей; на должностных лиц - от пяти тысяч до десяти тысяч рублей; на юридических лиц - от пятидесяти тысяч до ста пятидесяти тысяч рублей. (в ред. Федеральных законов от 26.12.2005 N 183-ФЗ, от 22.06.2007 N 116-ФЗ)
3. Незаконный отказ в государственной регистрации заявлений о проведении общественной экологической экспертизы -
влечет наложение административного штрафа на должностных лиц от пяти тысяч до десяти тысяч рублей. (в ред. Федеральных законов от 26.12.2005 N 183-ФЗ, от 22.06.2007 N 116-ФЗ)
Статья 8.5. Сокрытие или искажение экологической информации
Сокрытие, умышленное искажение или несвоевременное сообщение полной и достоверной информации о состоянии окружающей среды и природных ресурсов, об источниках загрязнения окружающей среды и природных ресурсов или иного вредного воздействия на окружающую среду и природные ресурсы, о радиационной обстановке, а равно искажение сведений о состоянии земель, водных объектов и других объектов окружающей среды лицами, обязанными сообщать такую информацию, - (в ред. Федерального закона от 30.12.2008 N 309-ФЗ)
влечет наложение административного штрафа на граждан в размере от пятисот до одной тысячи рублей; на должностных лиц - от одной тысячи до двух тысяч рублей; на юридических лиц - от десяти тысяч до двадцати тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 8.6. Порча земель
1. Самовольное снятие или перемещение плодородного слоя почвы -
влечет наложение административного штрафа на граждан в размере от одной тысячи до одной тысячи пятисот рублей; на должностных лиц - от двух тысяч до трех тысяч рублей; на юридических лиц - от двадцати тысяч до тридцати тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
2. Уничтожение плодородного слоя почвы, а равно порча земель в результате нарушения правил обращения с пестицидами и агрохимикатами или иными опасными для здоровья людей и окружающей среды веществами и отходами производства и потребления -
влечет наложение административного штрафа на граждан в размере от одной тысячи пятисот до двух тысяч рублей; на должностных лиц - от трех тысяч до четырех тысяч рублей; на лиц, осуществляющих предпринимательскую деятельность без образования юридического лица, - от трех тысяч до четырех тысяч рублей или административное приостановление деятельности на срок до девяноста суток; на юридических лиц - от тридцати тысяч до сорока тысяч рублей или административное приостановление деятельности на срок до девяноста суток. (в ред. Федеральных законов от 09.05.2005 N 45-ФЗ, от 22.06.2007 N 116-ФЗ)
Статья 8.7. Невыполнение обязанностей по рекультивации земель, обязательных мероприятий по улучшению земель и охране почв
(в ред. Федерального закона от 28.12.2009 N 380-ФЗ)
1. Невыполнение или несвоевременное выполнение обязанностей по рекультивации земель при разработке месторождений полезных ископаемых, включая общераспространенные полезные ископаемые, осуществлении строительных, мелиоративных, изыскательских и иных работ, в том числе работ, осуществляемых для внутрихозяйственных или собственных надобностей, а также после завершения строительства, реконструкции и (или) эксплуатации объектов, не связанных с созданием лесной инфраструктуры, сноса объектов лесной инфраструктуры -
влечет наложение административного штрафа на граждан в размере от одной тысячи до одной тысячи пятисот рублей; на должностных лиц - от двух тысяч до трех тысяч рублей; на юридических лиц - от сорока тысяч до пятидесяти тысяч рублей.
2. Невыполнение установленных требований и обязательных мероприятий по улучшению, защите земель и охране почв от ветровой, водной эрозии и предотвращению других процессов и иного негативного воздействия на окружающую среду, ухудшающих качественное состояние земель, -
влечет наложение административного штрафа на граждан в размере от одной тысячи до одной тысячи пятисот рублей; на должностных лиц - от двух тысяч до трех тысяч рублей; на юридических лиц - от сорока тысяч до пятидесяти тысяч рублей.
Статья 8.8. Использование земельных участков не по целевому назначению, невыполнение обязанностей по приведению земель в состояние, пригодное для использования по целевому назначению
(в ред. Федерального закона от 28.12.2009 N 380-ФЗ)
1. Использование земельного участка не по целевому назначению в соответствии с его принадлежностью к той или иной категории земель и разрешенным использованием или неиспользование земельного участка, предназначенного для сельскохозяйственного производства либо жилищного или иного строительства, в указанных целях в течение срока, установленного федеральным законом, за исключением случая, предусмотренного частью 1.1 настоящей статьи, - (в ред. Федерального закона от 29.12.2010 N 435-ФЗ)
влечет наложение административного штрафа на граждан в размере от одной тысячи до одной тысячи пятисот рублей; на должностных лиц - от двух тысяч до трех тысяч рублей; на юридических лиц - от сорока тысяч до пятидесяти тысяч рублей.
1.1. Неиспользование земельного участка из земель сельскохозяйственного назначения, оборот которого регулируется Федеральным законом от 24 июля 2002 года N 101-ФЗ "Об обороте земель сельскохозяйственного назначения", для ведения сельскохозяйственного производства или осуществления иной связанной с сельскохозяйственным производством деятельности в течение срока, установленного указанным Федеральным законом, -
влечет наложение административного штрафа на граждан в размере от двух тысяч до пяти тысяч рублей; на должностных лиц - от четырех тысяч до шести тысяч рублей; на юридических лиц - от восьмидесяти тысяч до ста тысяч рублей. (часть 1.1 введена Федеральным законом от 29.12.2010 N 435-ФЗ)
2. Невыполнение или несвоевременное выполнение обязанностей по приведению земель в состояние, пригодное для использования по целевому назначению, -
влечет наложение административного штрафа на граждан в размере от двух тысяч до двух тысяч пятисот рублей; на должностных лиц - от четырех тысяч до пяти тысяч рублей; на юридических лиц - от семидесяти тысяч до ста тысяч рублей.
Статья 8.9. Нарушение требований по охране недр и гидроминеральных ресурсов
Нарушение требований по охране недр и гидроминеральных ресурсов, которое может вызвать загрязнение недр и гидроминеральных ресурсов либо привести месторождение полезных ископаемых и гидроминеральных ресурсов в состояние, непригодное для разработки, -
влечет наложение административного штрафа на граждан в размере от трех тысяч до пяти тысяч рублей; на должностных лиц - от десяти тысяч до тридцати тысяч рублей; на юридических лиц - от трехсот тысяч до пятисот тысяч рублей. (в ред. Федерального закона от 28.12.2009 N 380-ФЗ)
Статья 8.10. Нарушение требований по рациональному использованию недр
1. Выборочная (внепроектная) отработка месторождений полезных ископаемых, приводящая к необоснованным потерям запасов полезных ископаемых, разубоживание полезных ископаемых, а равно иное нерациональное использование недр, ведущее к сверхнормативным потерям при добыче полезных ископаемых или при переработке минерального сырья, -
влечет наложение административного штрафа на граждан в размере от одной тысячи до пяти тысяч рублей; на должностных лиц - от десяти тысяч до пятидесяти тысяч рублей; на юридических лиц - от восьмисот тысяч до одного миллиона рублей. (в ред. Федерального закона от 28.12.2009 N 380-ФЗ)
2. Невыполнение требований по проведению маркшейдерских работ, проведению дегазации при добыче (переработке) угля (горючих сланцев), приведению ликвидируемых или консервируемых горных выработок и буровых скважин в состояние, обеспечивающее безопасность населения и окружающей среды, либо требований по сохранности месторождений полезных ископаемых, горных выработок и буровых скважин на время их консервации - (в ред. Федеральных законов от 30.12.2008 N 309-ФЗ, от 26.07.2010 N 186-ФЗ)
влечет наложение административного штрафа на граждан в размере от трех тысяч до пяти тысяч рублей; на должностных лиц - от тридцати тысяч до пятидесяти тысяч рублей; на юридических лиц - от восьмисот тысяч до одного миллиона рублей. (в ред. Федерального закона от 28.12.2009 N 380-ФЗ)
Статья 8.11. Нарушение правил и требований проведения работ по геологическому изучению недр
Нарушение правил и требований проведения работ по геологическому изучению недр, могущее привести или приведшее к недостоверной оценке разведанных запасов полезных ископаемых либо условий для строительства и эксплуатации предприятий по добыче полезных ископаемых, а также подземных сооружений, не связанных с добычей полезных ископаемых, а равно утрата геологической документации, дубликатов проб полезных ископаемых и керна, которые необходимы при дальнейшем геологическом изучении недр и разработке месторождений, -
влечет наложение административного штрафа на граждан в размере от трех тысяч до пяти тысяч рублей; на должностных лиц - от десяти тысяч до тридцати тысяч рублей; на юридических лиц - от трехсот тысяч до пятисот тысяч рублей. (в ред. Федерального закона от 28.12.2009 N 380-ФЗ)
Статья 8.12. Нарушение порядка предоставления гражданам, юридическим лицам земельных участков, лесов в водоохранных зонах и режима их использования (в ред. Федерального закона от 04.12.2006 N 201-ФЗ)
1. Нарушение порядка предоставления гражданам, юридическим лицам земельных участков, а равно порядка предоставления лесов для их использования как с предоставлением, так и без предоставления лесных участков в водоохранных зонах - (в ред. Федерального закона от 04.12.2006 N 201-ФЗ)
влечет наложение административного штрафа на должностных лиц в размере от четырех тысяч до пяти тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
2. Нарушение режима использования земельных участков и лесов в водоохранных зонах - (в ред. Федерального закона от 04.12.2006 N 201-ФЗ)
влечет наложение административного штрафа на граждан в размере от одной тысячи до одной тысячи пятисот рублей; на должностных лиц - от двух тысяч до трех тысяч рублей; на лиц, осуществляющих предпринимательскую деятельность без образования юридического лица, - от двух тысяч до трех тысяч рублей или административное приостановление деятельности на срок до девяноста суток; на юридических лиц - от двадцати тысяч до тридцати тысяч рублей или административное приостановление деятельности на срок до девяноста суток. (в ред. Федеральных законов от 09.05.2005 N 45-ФЗ, от 22.06.2007 N 116-ФЗ)
Статья 8.13. Нарушение правил охраны водных объектов
1. Нарушение водоохранного режима на водосборах водных объектов, которое может повлечь загрязнение указанных объектов или другие вредные явления, -
влечет наложение административного штрафа на граждан в размере от пятисот до одной тысячи рублей; на должностных лиц - от одной тысячи до двух тысяч рублей; на юридических лиц - от десяти тысяч до двадцати тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
2. Невыполнение или несвоевременное выполнение обязанностей по приведению водных объектов, их водоохранных зон и прибрежных полос в состояние, пригодное для пользования, -
влечет наложение административного штрафа на граждан в размере от одной тысячи до одной тысячи пятисот рублей; на должностных лиц - от двух тысяч до трех тысяч рублей; на лиц, осуществляющих предпринимательскую деятельность без образования юридического лица, - от двух тысяч до трех тысяч рублей или административное приостановление деятельности на срок до девяноста суток; на юридических лиц - от двадцати тысяч до тридцати тысяч рублей или административное приостановление деятельности на срок до девяноста суток. (в ред. Федеральных законов от 09.05.2005 N 45-ФЗ, от 22.06.2007 N 116-ФЗ)
3. Незаконная добыча песка, гравия, глины и иных общераспространенных полезных ископаемых, торфа, сапропеля на водных объектах, осуществление молевого сплава древесины либо нарушение установленного порядка очистки водных объектов от затонувшей древесины и наносов - (в ред. Федерального закона от 04.12.2006 N 201-ФЗ)
влечет наложение административного штрафа на граждан в размере от одной тысячи до одной тысячи пятисот рублей; на должностных лиц - от двух тысяч до трех тысяч рублей; на юридических лиц - от двадцати тысяч до тридцати тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
4. Нарушение требований к охране водных объектов, которое может повлечь их загрязнение, засорение и (или) истощение, -
влечет наложение административного штрафа на граждан в размере от одной тысячи пятисот до двух тысяч рублей; на должностных лиц - от трех тысяч до четырех тысяч рублей; на юридических лиц - от тридцати тысяч до сорока тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
5. Загрязнение ледников, снежников или ледяного покрова водных объектов либо загрязнение водных объектов, содержащих природные лечебные ресурсы или отнесенных к особо охраняемым водным объектам, местам туризма, спорта и массового отдыха, отходами производства и потребления и (или) вредными веществами, а равно захоронение вредных веществ (материалов) в водных объектах -
влечет наложение административного штрафа на граждан в размере от двух тысяч до двух тысяч пятисот рублей; на должностных лиц - от четырех тысяч до пяти тысяч рублей; на юридических лиц - от сорока тысяч до пятидесяти тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 8.14. Нарушение правил водопользования
1. Нарушение правил водопользования при заборе воды, без изъятия воды и при сбросе сточных вод в водные объекты -
влечет наложение административного штрафа на граждан в размере от пятисот до одной тысячи рублей; на должностных лиц - от одной тысячи пятисот до двух тысяч рублей; на лиц, осуществляющих предпринимательскую деятельность без образования юридического лица, - от одной тысячи пятисот до двух тысяч рублей или административное приостановление деятельности на срок до девяноста суток; на юридических лиц - от десяти тысяч до двадцати тысяч рублей или административное приостановление деятельности на срок до девяноста суток. (в ред. Федеральных законов от 09.05.2005 N 45-ФЗ, от 22.06.2007 N 116-ФЗ)
2. Нарушение правил водопользования при добыче полезных ископаемых, торфа, сапропеля на водных объектах, а равно при возведении и эксплуатации подводных и надводных сооружений, при осуществлении рыболовства, судоходства, прокладке и эксплуатации нефтепроводов и других продуктопроводов, проведении дноуглубительных, взрывных и иных работ либо при строительстве или эксплуатации дамб, портовых и иных сооружений - (в ред. Федеральных законов от 14.07.2008 N 118-ФЗ, от 03.12.2008 N 250-ФЗ)
влечет наложение административного штрафа на граждан в размере от одной тысячи пятисот до двух тысяч рублей; на должностных лиц - от трех тысяч до четырех тысяч рублей; на юридических лиц - от тридцати тысяч до сорока тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 8.15. Нарушение правил эксплуатации водохозяйственных или водоохранных сооружений и устройств
Нарушение правил эксплуатации водохозяйственных или водоохранных сооружений и устройств -
влечет предупреждение или наложение административного штрафа на граждан в размере от пятисот до одной тысячи рублей; на должностных лиц - от одной тысячи до двух тысяч рублей; на юридических лиц - от десяти тысяч до двадцати тысяч рублей. (в ред. Федеральных законов от 22.06.2007 N 116-ФЗ, от 27.07.2010 N 239-ФЗ)
Статья 8.16. Невыполнение правил ведения судовых документов
1. Невыполнение капитаном судна морского, внутреннего водного плавания или другого плавучего средства правил регистрации в судовых документах операций с веществами, вредными для здоровья людей или для живых ресурсов моря, других водных объектов, либо со смесями, содержащими такие вещества свыше установленных норм, а равно внесение в судовые документы неверных записей об этих операциях -
влечет наложение административного штрафа в размере от одной тысячи до двух тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
О практике рассмотрения дел об административных правонарушениях, связанных с нарушением правил добычи (вылова) водных биологических ресурсов и иных правил, регламентирующих
осуществление промышленного, прибрежного и других видов рыболовства, см. Постановление Пленума Верховного Суда РФ от 23.11.2010 N 27.
2. Невыполнение капитаном судна, осуществляющего добычу (вылов) водных биологических (живых) ресурсов внутренних морских вод, территориального моря, континентального шельфа и (или) исключительной экономической зоны Российской Федерации, предусмотренных законодательством Российской Федерации обязанностей по ведению промыслового журнала, а равно внесение в него искаженных сведений - (в ред. Федерального закона от 03.12.2008 N 250-ФЗ)
влечет наложение административного штрафа в размере от пяти тысяч до десяти тысяч рублей. (в ред. Федеральных законов от 03.11.2006 N 182-ФЗ, от 22.06.2007 N 116-ФЗ)
Статья 8.17. Нарушение регламентирующих деятельность во внутренних морских водах, в территориальном море, на континентальном шельфе и (или) в исключительной экономической зоне Российской Федерации стандартов (норм, правил) или условий лицензии (в ред. Федерального закона от 28.12.2009 N 380-ФЗ)
1. Нарушение стандартов (норм, правил) безопасного проведения поиска, разведки или разработки минеральных ресурсов, буровых работ, либо условий лицензии на водопользование, на региональное геологическое изучение, поиск, разведку или разработку, либо условий договоров водопользования, решений о предоставлении водного объекта в пользование, а также стандартов (норм, правил) использования или охраны минеральных ресурсов внутренних морских вод, территориального моря, континентального шельфа и (или) исключительной экономической зоны Российской Федерации - (в ред. Федерального закона от 28.12.2009 N 380-ФЗ)
влечет наложение административного штрафа на должностных лиц в размере от десяти тысяч до пятнадцати тысяч рублей с конфискацией судна и иных орудий совершения административного правонарушения или без таковой; на юридических лиц - от ста тысяч до двухсот тысяч рублей с конфискацией судна и иных орудий совершения административного правонарушения или без таковой. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
О практике рассмотрения дел об административных правонарушениях, связанных с нарушением правил добычи (вылова) водных биологических ресурсов и иных правил, регламентирующих осуществление промышленного, прибрежного и других видов рыболовства, см. Постановление Пленума Верховного Суда РФ от 23.11.2010 N 27.
2. Нарушение правил добычи (вылова) водных биологических ресурсов и иных правил, регламентирующих осуществление промышленного рыболовства, прибрежного рыболовства и других видов рыболовства во внутренних морских водах, в территориальном море, на континентальном шельфе и в исключительной экономической зоне Российской Федерации, - (в ред. Федерального закона от 03.12.2008 N 250-ФЗ)
влечет наложение административного штрафа на граждан в размере от одной второй до одного размера стоимости водных биологических ресурсов, явившихся предметом административного правонарушения, с конфискацией судна и иных орудий совершения административного правонарушения или без таковой; на должностных лиц - от одного до полуторакратного размера стоимости водных биологических ресурсов, явившихся предметом административного правонарушения, с конфискацией судна и иных орудий совершения административного правонарушения или без таковой; на юридических лиц - от двукратного до трехкратного размера стоимости водных биологических ресурсов, явившихся предметом административного правонарушения, с конфискацией судна и иных орудий совершения административного правонарушения или без таковой. (в ред. Федерального закона от 03.12.2008 N 250-ФЗ)
3. Самовольная прокладка или вывод на территорию Российской Федерации подводных кабелей, трубопроводов или туннелей, а равно нарушение правил их прокладки, вывода на территорию Российской Федерации или эксплуатации во внутренних морских водах, в территориальном море, на континентальном шельфе и (или) в исключительной экономической зоне Российской Федерации -
влечет наложение административного штрафа на должностных лиц в размере от пятнадцати тысяч до двадцати тысяч рублей с конфискацией судна и иных орудий совершения административного
правонарушения или без таковой; на юридических лиц - от двухсот тысяч до трехсот тысяч рублей с конфискацией судна и иных орудий совершения административного правонарушения или без таковой. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 8.18. Нарушение правил проведения ресурсных или морских научных исследований во внутренних морских водах, в территориальном море, на континентальном шельфе и (или) в исключительной экономической зоне Российской Федерации
1. Нарушение правил проведения ресурсных или морских научных исследований, предусмотренных разрешением, во внутренних морских водах, в территориальном море, на континентальном шельфе и (или) в исключительной экономической зоне Российской Федерации -
влечет наложение административного штрафа на должностных лиц в размере от десяти тысяч до пятнадцати тысяч рублей; на юридических лиц - от ста тысяч до двухсот тысяч рублей с конфискацией судна, летательного аппарата и иных орудий совершения административного правонарушения или без таковой. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
2. Самовольное изменение программы ресурсных или морских научных исследований во внутренних морских водах, в территориальном море, на континентальном шельфе и (или) в исключительной экономической зоне Российской Федерации - (в ред. Федерального закона от 03.11.2006 N 182-ФЗ)
влечет наложение административного штрафа на должностных лиц в размере от пятнадцати тысяч до двадцати тысяч рублей; на юридических лиц - от двухсот тысяч до трехсот тысяч рублей с конфискацией судна, летательного аппарата и иных орудий совершения административного правонарушения или без таковой. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 8.19. Нарушение правил захоронения отходов и других материалов во внутренних морских водах, в территориальном море, на континентальном шельфе и (или) в исключительной экономической зоне Российской Федерации
Самовольное либо с нарушением правил захоронение с судов и иных плавучих средств, летательных аппаратов, искусственных островов, установок и сооружений отходов и других материалов во внутренних морских водах, в территориальном море, на континентальном шельфе и (или) в исключительной экономической зоне Российской Федерации -
влечет наложение административного штрафа на должностных лиц в размере от пятнадцати тысяч до двадцати тысяч рублей с конфискацией судна, летательного аппарата и иных орудий совершения административного правонарушения или без таковой; на юридических лиц - от двухсот тысяч до трехсот тысяч рублей с конфискацией судна, летательного аппарата и иных орудий совершения административного правонарушения или без таковой. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 8.20. Незаконная передача минеральных и (или) живых ресурсов на континентальном шельфе и (или) в исключительной экономической зоне Российской Федерации
Погрузка, выгрузка или перегрузка на континентальном шельфе и (или) в исключительной экономической зоне Российской Федерации добытых минеральных и (или) живых ресурсов без разрешения, если такое разрешение обязательно, -
влечет наложение административного штрафа на граждан в размере от одной второй до одного размера стоимости минеральных и (или) живых ресурсов, явившихся предметом административного правонарушения, с конфискацией судна, летательного аппарата и иных орудий совершения административного правонарушения или без таковой; на должностных лиц - от одного до полуторакратного размера стоимости минеральных и (или) живых ресурсов, явившихся предметом административного правонарушения, с конфискацией судна, летательного аппарата и иных орудий совершения административного правонарушения или без таковой; на юридических лиц - от двукратного до трехкратного размера стоимости минеральных и (или) живых ресурсов, явившихся предметом административного правонарушения, с конфискацией судна, летательного аппарата и иных орудий совершения административного правонарушения или без таковой.
Статья 8.21. Нарушение правил охраны атмосферного воздуха
1. Выброс вредных веществ в атмосферный воздух или вредное физическое воздействие на него без специального разрешения -
влечет наложение административного штрафа на граждан в размере от двух тысяч до двух тысяч пятисот рублей; на должностных лиц - от четырех тысяч до пяти тысяч рублей; на лиц, осуществляющих предпринимательскую деятельность без образования юридического лица, - от четырех тысяч до пяти тысяч рублей или административное приостановление деятельности на срок до девяноста суток; на юридических лиц - от сорока тысяч до пятидесяти тысяч рублей или административное приостановление деятельности на срок до девяноста суток. (в ред. Федеральных законов от 09.05.2005 N 45-ФЗ, от 22.06.2007 N 116-ФЗ)
2. Нарушение условий специального разрешения на выброс вредных веществ в атмосферный воздух или вредное физическое воздействие на него -
влечет наложение административного штрафа на граждан в размере от одной тысячи пятисот до двух тысяч рублей; на должностных лиц - от трех тысяч до четырех тысяч рублей; на юридических лиц - от тридцати тысяч до сорока тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
3. Нарушение правил эксплуатации, неиспользование сооружений, оборудования или аппаратуры для очистки газов и контроля выбросов вредных веществ в атмосферный воздух, которые могут привести к его загрязнению, либо использование неисправных указанных сооружений, оборудования или аппаратуры -
влечет наложение административного штрафа на должностных лиц в размере от одной тысячи до двух тысяч рублей; на лиц, осуществляющих предпринимательскую деятельность без образования юридического лица, - от одной тысячи до двух тысяч рублей или административное приостановление деятельности на срок до девяноста суток; на юридических лиц - от десяти тысяч до двадцати тысяч рублей или административное приостановление деятельности на срок до девяноста суток. (в ред. Федеральных законов от 09.05.2005 N 45-ФЗ, от 22.06.2007 N 116-ФЗ)
Статья 8.22. Выпуск в эксплуатацию механических транспортных средств с превышением нормативов содержания загрязняющих веществ в выбросах либо нормативов уровня шума
Допуск к полету воздушного судна, выпуск в плавание морского судна, судна внутреннего водного плавания или маломерного судна либо выпуск в рейс автомобиля или другого механического транспортного средства, у которых содержание загрязняющих веществ в выбросах либо уровень шума, производимого ими при работе, превышает нормативы, установленные государственными стандартами Российской Федерации, -
влечет наложение административного штрафа на должностных лиц в размере от пятисот до одной тысячи рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 8.23. Эксплуатация механических транспортных средств с превышением нормативов содержания загрязняющих веществ в выбросах либо нормативов уровня шума
Эксплуатация гражданами воздушных или морских судов, судов внутреннего водного плавания или маломерных судов либо автомобилей, мотоциклов или других механических транспортных средств, у которых содержание загрязняющих веществ в выбросах либо уровень шума, производимого ими при работе, превышает нормативы, установленные государственными стандартами Российской Федерации, -
влечет предупреждение или наложение административного штрафа в размере от ста до трехсот рублей. (в ред. Федеральных законов от 22.06.2007 N 116-ФЗ, от 27.07.2010 N 239-ФЗ)
Статья 8.24. Нарушение порядка предоставления гражданам, юридическим лицам лесов для их использования
(в ред. Федерального закона от 04.12.2006 N 201-ФЗ)
Нарушение порядка предоставления гражданам, юридическим лицам лесов для их использования как
с предоставлением, так и без предоставления лесных участков -
влечет предупреждение или наложение административного штрафа на должностных лиц в размере от двух тысяч до трех тысяч рублей. (в ред. Федеральных законов от 22.06.2007 N 116-ФЗ, от 27.07.2010 N 239-ФЗ)
Статья 8.25. Нарушение правил использования лесов
(в ред. Федерального закона от 04.12.2006 N 201-ФЗ)
1. Нарушение правил заготовки древесины -
влечет предупреждение или наложение административного штрафа на граждан в размере от пятисот до одной тысячи рублей; на должностных лиц - от одной тысячи до двух тысяч рублей; на юридических лиц - от десяти тысяч до двадцати тысяч рублей. (в ред. Федеральных законов от 22.06.2007 N 116-ФЗ, от 27.07.2010 N 239-ФЗ)
2. Нарушение порядка проведения рубок лесных насаждений -
влечет наложение административного штрафа на граждан в размере от трехсот до пятисот рублей; на должностных лиц - от пятисот до одной тысячи рублей; на юридических лиц - от пяти тысяч до десяти тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
3. Нарушение правил заготовки живицы, заготовки пригодных для употребления в пищу лесных ресурсов (пищевых лесных ресурсов), сбора лекарственных растений, заготовки и сбора недревесных лесных ресурсов -
влечет наложение административного штрафа на граждан в размере от ста до трехсот рублей; на должностных лиц - от трехсот до пятисот рублей; на юридических лиц - от трех тысяч до пяти тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
4. Использование лесов с нарушением условий договора аренды лесного участка, договора купли-продажи лесных насаждений, договора безвозмездного срочного пользования лесным участком, иных документов, на основании которых предоставляются лесные участки, -
влечет наложение административного штрафа на граждан в размере от трехсот до пятисот рублей; на должностных лиц - от пятисот до одной тысячи рублей; на юридических лиц - от пяти тысяч до десяти тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 8.26. Самовольное использование лесов, нарушение правил использования лесов для ведения сельского хозяйства, уничтожение лесных ресурсов (в ред. Федерального закона от 04.12.2006 N 201-ФЗ)
1. Сенокошение и выпас сельскохозяйственных животных на землях, на которых расположены леса, в местах, где это запрещено, а равно выпас сельскохозяйственных животных без пастуха на неогороженных пастбищах или без привязи либо с нарушением сроков или норм выпаса сельскохозяйственных животных - (в ред. Федерального закона от 04.12.2006 N 201-ФЗ)
влечет наложение административного штрафа на граждан в размере от ста до трехсот рублей; на должностных лиц - от трехсот до пятисот рублей; на юридических лиц - от трех тысяч до пяти тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
2. Самовольные заготовка и сбор, а также уничтожение мха, лесной подстилки и других недревесных лесных ресурсов - (в ред. Федерального закона от 04.12.2006 N 201-ФЗ)
влечет наложение административного штрафа на граждан в размере от трехсот до пятисот рублей с конфискацией орудия совершения административного правонарушения и продукции незаконного природопользования или без таковой; на должностных лиц - от пятисот до одной тысячи рублей с конфискацией орудия совершения административного правонарушения и продукции незаконного
природопользования или без таковой; на юридических лиц - от пяти тысяч до десяти тысяч рублей с конфискацией орудия совершения административного правонарушения и продукции незаконного природопользования или без таковой. (в ред. Федеральных законов от 02.07.2005 N 82-ФЗ, от 22.06.2007 N 116-ФЗ)
3. Размещение ульев и пасек, а также заготовка пригодных для употребления в пищу лесных ресурсов (пищевых лесных ресурсов) и сбор лекарственных растений на землях, на которых расположены леса, в местах, где это запрещено, либо неразрешенными способами или приспособлениями, либо с превышением установленного объема или с нарушением установленных сроков, а равно сбор, заготовка и реализация указанных ресурсов, в отношении которых это запрещено, - (в ред. Федерального закона от 04.12.2006 N 201-ФЗ)
влечет наложение административного штрафа на граждан в размере от трехсот до пятисот рублей с конфискацией орудия совершения административного правонарушения и продукции незаконного природопользования или без таковой; на должностных лиц - от пятисот до одной тысячи рублей с конфискацией орудия совершения административного правонарушения и продукции незаконного природопользования или без таковой; на юридических лиц - от пяти тысяч до десяти тысяч рублей с конфискацией орудия совершения административного правонарушения и продукции незаконного природопользования или без таковой. (в ред. Федеральных законов от 02.07.2005 N 82-ФЗ, от 22.06.2007 N 116-ФЗ)
Статья 8.27. Нарушение правил лесовосстановления, правил лесоразведения, правил ухода за лесами, правил лесного семеноводства (в ред. Федерального закона от 04.12.2006 N 201-ФЗ)
Нарушение правил лесовосстановления, правил лесоразведения, правил ухода за лесами, правил лесного семеноводства - (в ред. Федерального закона от 04.12.2006 N 201-ФЗ)
влечет предупреждение или наложение административного штрафа на граждан в размере от ста до трехсот рублей; на должностных лиц - от трехсот до пятисот рублей; на юридических лиц - от трех тысяч до пяти тысяч рублей. (в ред. Федеральных законов от 22.06.2007 N 116-ФЗ, от 27.07.2010 N 239-ФЗ)
Статья 8.28. Незаконная рубка, повреждение лесных насаждений или самовольное выкапывание в лесах деревьев, кустарников, лиан (в ред. Федерального закона от 04.12.2006 N 201-ФЗ)
1. Незаконная рубка, повреждение лесных насаждений или самовольное выкапывание в лесах деревьев, кустарников, лиан - (в ред. Федерального закона от 04.12.2006 N 201-ФЗ)
влечет наложение административного штрафа на граждан в размере от трех тысяч до трех тысяч пятисот рублей; на должностных лиц - от двадцати тысяч до тридцати тысяч рублей; на юридических лиц - от пятидесяти тысяч до ста тысяч рублей. (в ред. Федеральных законов от 22.06.2007 N 116-ФЗ, от 22.07.2008 N 145-ФЗ)
Постановлением Конституционного Суда РФ от 25.04.2011 N 6-П положения части 2 статьи 8.28 КоАП РФ признаны не соответствующими Конституции РФ в той мере, в какой эти положения во взаимосвязи с частью 1 статьи 3.7 данного Кодекса допускают в качестве административного наказания конфискацию орудия совершения административного правонарушения, принадлежащего на праве собственности лицу, не привлеченному к административной ответственности за данное административное правонарушение и не признанному в законной процедуре виновным в его совершении. В соответствии с частью 3 статьи 79 Федерального конституционного закона от 21.07.1994 N 1-ФКЗ акты или их отдельные положения, признанные неконституционными, утрачивают силу.
2. Те же действия, совершенные с применением механизмов, автомототранспортных средств, самоходных машин и других видов техники, если эти действия не содержат уголовно наказуемого деяния, -
влекут наложение административного штрафа на граждан в размере от трех тысяч пятисот до четырех тысяч пятисот рублей с конфискацией орудия совершения административного правонарушения и продукции незаконного природопользования; на должностных лиц - от тридцати тысяч до сорока тысяч
рублей с конфискацией орудия совершения административного правонарушения и продукции незаконного природопользования; на юридических лиц - от ста тысяч до ста пятидесяти тысяч рублей с конфискацией орудия совершения административного правонарушения и продукции незаконного природопользования. (в ред. Федеральных законов от 22.06.2007 N 116-ФЗ, от 22.07.2008 N 145-ФЗ) (часть вторая введена Федеральным законом от 02.07.2005 N 82-ФЗ)
Статья 8.29. Уничтожение мест обитания животных
Уничтожение (разорение) муравейников, гнезд, нор или других мест обитания животных -
влечет предупреждение или наложение административного штрафа в размере от трехсот до пятисот рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 8.30. Уничтожение лесной инфраструктуры, а также сенокосов, пастбищ (в ред. Федерального закона от 04.12.2006 N 201-ФЗ)
Уничтожение лесной инфраструктуры, а также сенокосов, пастбищ - (в ред. Федерального закона от 04.12.2006 N 201-ФЗ)
влечет наложение административного штрафа на граждан в размере от трехсот до пятисот рублей; на должностных лиц - от пятисот до одной тысячи рублей; на юридических лиц - от пяти тысяч до десяти тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 8.31. Нарушение правил санитарной безопасности в лесах (в ред. Федерального закона от 04.12.2006 N 201-ФЗ)
1. Нарушение правил санитарной безопасности в лесах - (в ред. Федерального закона от 04.12.2006 N 201-ФЗ)
влечет предупреждение или наложение административного штрафа на граждан в размере от трехсот до пятисот рублей; на должностных лиц - от пятисот до одной тысячи рублей; на юридических лиц - от пяти тысяч до десяти тысяч рублей. (в ред. Федеральных законов от 22.06.2007 N 116-ФЗ, от 27.07.2010 N 239-ФЗ)
2. Загрязнение лесов сточными водами, химическими, радиоактивными и другими вредными веществами, отходами производства и потребления и (или) иное негативное воздействие на леса - (в ред. Федерального закона от 04.12.2006 N 201-ФЗ)
влечет наложение административного штрафа на граждан в размере от одной тысячи до двух тысяч пятисот рублей; на должностных лиц - от двух тысяч до пяти тысяч рублей; на лиц, осуществляющих предпринимательскую деятельность без образования юридического лица, - от двух тысяч до пяти тысяч рублей или административное приостановление деятельности на срок до девяноста суток; на юридических лиц - от двадцати тысяч до ста тысяч рублей или административное приостановление деятельности на срок до девяноста суток. (в ред. Федеральных законов от 09.05.2005 N 45-ФЗ, от 22.06.2007 N 116-ФЗ)
3. Действия (бездействие), предусмотренные частью 2 настоящей статьи, совершенные в защитных лесах и на особо защитных участках лесов, - (в ред. Федерального закона от 04.12.2006 N 201-ФЗ)
влекут наложение административного штрафа на граждан в размере от двух тысяч до двух тысяч пятисот рублей; на должностных лиц - от четырех тысяч до пяти тысяч рублей; на лиц, осуществляющих предпринимательскую деятельность без образования юридического лица, - от четырех тысяч до пяти тысяч рублей или административное приостановление деятельности на срок до девяноста суток; на юридических лиц - от сорока тысяч до ста тысяч рублей или административное приостановление деятельности на срок до девяноста суток. (в ред. Федеральных законов от 09.05.2005 N 45-ФЗ, от 22.06.2007 N 116-ФЗ)
Статья 8.32. Нарушение правил пожарной безопасности в лесах
(в ред. Федерального закона от 29.12.2010 N 442-ФЗ)
1. Нарушение правил пожарной безопасности в лесах -
влечет предупреждение или наложение административного штрафа на граждан в размере от одной тысячи пятисот до двух тысяч пятисот рублей; на должностных лиц - от пяти тысяч до десяти тысяч рублей; на юридических лиц - от тридцати тысяч до ста тысяч рублей.
2. Выжигание хвороста, лесной подстилки, сухой травы и других лесных горючих материалов с нарушением требований правил пожарной безопасности на земельных участках, непосредственно примыкающих к лесам, защитным и лесным насаждениям и не отделенных противопожарной минерализованной полосой шириной не менее 0,5 метра, -
влечет наложение административного штрафа на граждан в размере от двух тысяч до трех тысяч рублей; на должностных лиц - от семи тысяч до двенадцати тысяч рублей; на юридических лиц - от пятидесяти тысяч до ста двадцати тысяч рублей.
3. Нарушение правил пожарной безопасности в лесах в условиях особого противопожарного режима -
влечет наложение административного штрафа на граждан в размере от трех тысяч до четырех тысяч рублей; на должностных лиц - от десяти тысяч до двадцати тысяч рублей; на юридических лиц - от ста тысяч до двухсот тысяч рублей.
4. Нарушение правил пожарной безопасности, повлекшее возникновение лесного пожара без причинения тяжкого вреда здоровью человека, -
влечет наложение административного штрафа на граждан в размере пяти тысяч рублей; на должностных лиц - пятидесяти тысяч рублей; на юридических лиц - от пятисот тысяч до одного миллиона рублей.
Статья 8.33. Нарушение правил охраны среды обитания или путей миграции животных
Нарушение правил охраны среды обитания или путей миграции объектов животного мира и водных биологических ресурсов - (в ред. Федерального закона от 06.12.2007 N 333-ФЗ)
влечет предупреждение или наложение административного штрафа на граждан в размере от трехсот до пятисот рублей; на должностных лиц - от пятисот до одной тысячи рублей; на юридических лиц - от пяти тысяч до десяти тысяч рублей. (в ред. Федеральных законов от 22.06.2007 N 116-ФЗ, от 27.07.2010 N 239-ФЗ)
Статья 8.34. Нарушение установленного порядка создания, использования или транспортировки биологических коллекций
Нарушение установленного порядка создания, пополнения, хранения, использования, учета, продажи, приобретения, транспортировки или пересылки биологических коллекций -
влечет наложение административного штрафа на граждан в размере от трехсот до пятисот рублей с конфискацией коллекционных объектов или без таковой; на должностных лиц - от пятисот до одной тысячи рублей с конфискацией коллекционных объектов или без таковой; на юридических лиц - от пяти тысяч до десяти тысяч рублей с конфискацией коллекционных объектов или без таковой. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 8.35. Уничтожение редких и находящихся под угрозой исчезновения видов животных или растений
Уничтожение редких и находящихся под угрозой исчезновения видов животных или растений, занесенных в Красную книгу Российской Федерации либо охраняемых международными договорами, а равно действия (бездействие), которые могут привести к гибели, сокращению численности либо нарушению среды обитания этих животных или к гибели таких растений, либо добывание, сбор, содержание, приобретение, продажа либо пересылка указанных животных или растений, их продуктов, частей либо дериватов без надлежащего на то разрешения или с нарушением условий, предусмотренных разрешением, либо с нарушением иного установленного порядка -
влечет наложение административного штрафа на граждан в размере от одной тысячи пятисот до двух тысяч пятисот рублей с конфискацией орудий добывания животных или растений, а также самих животных или растений, их продуктов, частей либо дериватов или без таковой; на должностных лиц - от пятнадцати тысяч до двадцати тысяч рублей с конфискацией орудий добывания животных или растений, а также самих животных или растений, их продуктов, частей либо дериватов или без таковой; на юридических лиц - от трехсот тысяч до пятисот тысяч рублей с конфискацией орудий добывания животных или растений, а также самих животных или растений, их продуктов, частей либо дериватов или без таковой. (в ред. Федеральных законов от 03.11.2006 N 182-ФЗ, от 22.06.2007 N 116-ФЗ)
Статья 8.36. Нарушение правил переселения, акклиматизации или гибридизации объектов животного мира и водных биологических ресурсов (в ред. Федерального закона от 06.12.2007 N 333-ФЗ)
Нарушение правил переселения, акклиматизации или гибридизации объектов животного мира и водных биологических ресурсов - (в ред. Федерального закона от 06.12.2007 N 333-ФЗ)
влечет предупреждение или наложение административного штрафа на граждан в размере от одной тысячи до одной тысячи пятисот рублей; на должностных лиц - от двух тысяч до трех тысяч рублей; на юридических лиц - от двадцати тысяч до тридцати тысяч рублей. (в ред. Федеральных законов от 22.06.2007 N 116-ФЗ, от 27.07.2010 N 239-ФЗ)
Статья 8.37. Нарушение правил пользования объектами животного мира и правил добычи (вылова) водных биологических ресурсов и иных правил, регламентирующих осуществление промышленного рыболовства, прибрежного рыболовства и других видов рыболовства (в ред. Федеральных законов от 06.12.2007 N 333-ФЗ, от 03.12.2008 N 250-ФЗ)
1. Нарушение правил охоты -
влечет наложение административного штрафа на граждан в размере от одной тысячи до двух тысяч рублей с конфискацией орудий охоты или без таковой или лишение права осуществлять охоту на срок до двух лет; на должностных лиц - от десяти тысяч до пятнадцати тысяч рублей с конфискацией орудий охоты или без таковой. (в ред. Федеральных законов от 22.06.2007 N 116-ФЗ, от 24.07.2009 N 209-ФЗ)
О практике рассмотрения дел об административных правонарушениях, связанных с нарушением правил добычи (вылова) водных биологических ресурсов и иных правил, регламентирующих осуществление промышленного, прибрежного и других видов рыболовства, см. Постановление Пленума Верховного Суда РФ от 23.11.2010 N 27.
2. Нарушение правил добычи (вылова) водных биологических ресурсов и иных правил, регламентирующих осуществление промышленного рыболовства, прибрежного рыболовства и других видов рыболовства, за исключением случаев, предусмотренных частью 2 статьи 8.17 настоящего Кодекса, - (в ред. Федерального закона от 03.12.2008 N 250-ФЗ)
влечет наложение административного штрафа на граждан в размере от одной тысячи до двух тысяч рублей с конфискацией судна и других орудий добычи (вылова) водных биологических ресурсов или без таковой; на должностных лиц - от десяти тысяч до пятнадцати тысяч рублей с конфискацией судна и других орудий добычи (вылова) водных биологических ресурсов или без таковой; на юридических лиц - от ста тысяч до двухсот тысяч рублей с конфискацией судна и других орудий добычи (вылова) водных биологических ресурсов или без таковой. (в ред. Федеральных законов от 03.11.2006 N 182-ФЗ, от 22.06.2007 N 116-ФЗ, от 03.12.2008 N 250-ФЗ)
3. Нарушение правил пользования объектами животного мира, за исключением случаев, предусмотренных частями 1 и 2 настоящей статьи, -
влечет наложение административного штрафа на граждан в размере от пятисот до одной тысячи рублей с конфискацией орудий добывания животных или без таковой; на должностных лиц - от двух тысяч пятисот до пяти тысяч рублей с конфискацией орудий добывания животных или без таковой; на юридических лиц - от пятидесяти тысяч до ста тысяч рублей с конфискацией орудий добывания животных или без таковой. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 8.38. Нарушение правил охраны водных биологических ресурсов (в ред. Федерального закона от 06.12.2007 N 333-ФЗ)
Производство сплава древесины, строительство мостов, дамб, транспортировка древесины или других лесных ресурсов, осуществление взрывных или иных работ, а равно эксплуатация водозаборных сооружений и перекачивающих механизмов с нарушением правил охраны водных биологических ресурсов, если хотя бы одно из этих действий может повлечь массовую гибель рыбы или других водных животных, уничтожение в значительных размерах кормовых запасов либо иные тяжкие последствия, - (в ред. Федеральных законов от 04.12.2006 N 201-ФЗ, от 06.12.2007 N 333-ФЗ)
влечет наложение административного штрафа на граждан в размере от двух тысяч до трех тысяч рублей; на должностных лиц - от десяти тысяч до пятнадцати тысяч рублей; на лиц, осуществляющих предпринимательскую деятельность без образования юридического лица, - от десяти тысяч до пятнадцати тысяч рублей или административное приостановление деятельности на срок до девяноста суток; на юридических лиц - от ста тысяч до двухсот тысяч рублей или административное приостановление деятельности на срок до девяноста суток. (в ред. Федеральных законов от 09.05.2005 N 45-ФЗ, от 22.06.2007 N 116-ФЗ)
Статья 8.39. Нарушение правил охраны и использования природных ресурсов на особо охраняемых природных территориях
Нарушение установленного режима или иных правил охраны и использования окружающей среды и природных ресурсов на территориях государственных природных заповедников, национальных парков, природных парков, государственных природных заказников, а также на территориях, на которых находятся памятники природы, на иных особо охраняемых природных территориях либо в их охранных зонах (округах) - (в ред. Федерального закона от 30.12.2008 N 309-ФЗ)
влечет наложение административного штрафа на граждан в размере от одной тысячи до двух тысяч рублей с конфискацией орудий совершения административного правонарушения и продукции незаконного природопользования или без таковой; на должностных лиц - от двух тысяч до четырех тысяч рублей с конфискацией орудий совершения административного правонарушения и продукции незаконного природопользования или без таковой; на юридических лиц - от тридцати тысяч до шестидесяти тысяч рублей с конфискацией орудий совершения административного правонарушения и продукции незаконного природопользования или без таковой. (в ред. Федеральных законов от 03.11.2006 N 181-ФЗ, от 22.06.2007 N 116-ФЗ)
Статья 8.40. Нарушение требований при осуществлении работ в области гидрометеорологии, мониторинга состояния и загрязнения окружающей среды и активных воздействий на гидрометеорологические и другие геофизические процессы (в ред. Федеральных законов от 30.12.2008 N 309-ФЗ, от 21.11.2011 N 331-ФЗ)
1. Осуществление работ в области гидрометеорологии, мониторинга состояния и загрязнения окружающей среды с нарушением условий, предусмотренных разрешением (лицензией), - (в ред. Федеральных законов от 30.12.2008 N 309-ФЗ, от 21.11.2011 N 331-ФЗ)
влечет наложение административного штрафа на граждан в размере от трехсот до пятисот рублей; на должностных лиц - от пятисот до одной тысячи рублей; на юридических лиц - от пяти тысяч до десяти тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
2. Осуществление работ в области активных воздействий на гидрометеорологические и другие геофизические процессы с нарушением условий, предусмотренных разрешением (лицензией), -
влечет наложение административного штрафа на должностных лиц в размере от одной тысячи до двух тысяч рублей; на юридических лиц - от десяти тысяч до двадцати тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
3. Осуществление работ, указанных в части 1 настоящей статьи, с грубым нарушением условий, предусмотренных разрешением (лицензией), -
влечет наложение административного штрафа на лиц, осуществляющих предпринимательскую
деятельность без образования юридического лица, в размере от одной тысячи до одной тысячи пятисот рублей или административное приостановление деятельности на срок до девяноста суток; на должностных лиц - от одной тысячи до одной тысячи пятисот рублей; на юридических лиц - от десяти тысяч до пятнадцати тысяч рублей или административное приостановление деятельности на срок до девяноста суток. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ) (часть третья введена Федеральным законом от 02.07.2005 N 80-ФЗ)
4. Осуществление работ, указанных в части 2 настоящей статьи, с грубым нарушением условий, предусмотренных разрешением (лицензией), -
влечет наложение административного штрафа на должностных лиц в размере от двух тысяч до трех тысяч рублей; на юридических лиц - от двадцати тысяч до тридцати тысяч рублей или административное приостановление деятельности на срок до девяноста суток. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ) (часть четвертая введена Федеральным законом от 02.07.2005 N 80-ФЗ)
Примечание. Понятие грубого нарушения устанавливается Правительством Российской Федерации в отношении конкретного лицензируемого вида деятельности. (примечание введено Федеральным законом от 02.07.2005 N 80-ФЗ)
Статья 8.41. Невнесение в установленные сроки платы за негативное воздействие на окружающую среду
(введена Федеральным законом от 26.12.2005 N 183-ФЗ)
Невнесение в установленные сроки платы за негативное воздействие на окружающую среду -
влечет наложение административного штрафа на должностных лиц в размере от трех тысяч до шести тысяч рублей; на юридических лиц - от пятидесяти тысяч до ста тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 8.42. Нарушение специального режима осуществления хозяйственной и иной деятельности на прибрежной защитной полосе водного объекта, водоохранной зоны водного объекта либо режима осуществления хозяйственной и иной деятельности на территории зоны санитарной охраны источников питьевого и хозяйственно-бытового водоснабжения
(введена Федеральным законом от 28.12.2009 N 380-ФЗ)
1. Использование прибрежной защитной полосы водного объекта, водоохранной зоны водного объекта с нарушением ограничений хозяйственной и иной деятельности -
влечет наложение административного штрафа на граждан в размере от трех тысяч до четырех тысяч пятисот рублей; на должностных лиц - от восьми тысяч до двенадцати тысяч рублей; на юридических лиц - от двухсот тысяч до четырехсот тысяч рублей.
2. Использование зоны санитарной охраны источников питьевого и хозяйственно-бытового водоснабжения с нарушением ограничений, установленных санитарными правилами и нормами в соответствии с законодательством о санитарно-эпидемиологическом благополучии населения, -
влечет наложение административного штрафа на граждан в размере от трех тысяч до пяти тысяч рублей; на должностных лиц - от десяти тысяч до пятнадцати тысяч рублей; на юридических лиц - от трехсот тысяч до пятисот тысяч рублей.
Глава 9. АДМИНИСТРАТИВНЫЕ ПРАВОНАРУШЕНИЯ В ПРОМЫШЛЕННОСТИ, СТРОИТЕЛЬСТВЕ И ЭНЕРГЕТИКЕ
Статья 9.1. Нарушение требований промышленной безопасности или условий лицензий на осуществление видов деятельности в области промышленной безопасности опасных производственных объектов
По вопросу, касающемуся применения судами части 1 статьи 9.1 КоАП РФ, см. Обзор законодательства и судебной практики Верховного Суда РФ за первый квартал 2007 года.
1. Нарушение требований промышленной безопасности или условий лицензий на осуществление
видов деятельности в области промышленной безопасности опасных производственных объектов -
влечет наложение административного штрафа на граждан в размере от двух тысяч до трех тысяч рублей; на должностных лиц - от двадцати тысяч до тридцати тысяч рублей или дисквалификацию на срок от шести месяцев до одного года; на юридических лиц - от двухсот тысяч до трехсот тысяч рублей или административное приостановление деятельности на срок до девяноста суток. (в ред. Федерального закона от 23.07.2010 N 171-ФЗ)
2. Нарушение требований промышленной безопасности к получению, использованию, переработке, хранению, транспортировке, уничтожению и учету взрывчатых веществ на опасных производственных объектах -
влечет наложение административного штрафа на граждан в размере от четырех тысяч до пяти тысяч рублей; на должностных лиц - от тридцати тысяч до сорока тысяч рублей или дисквалификацию на срок от одного года до полутора лет; на юридических лиц - от трехсот тысяч до четырехсот тысяч рублей или административное приостановление деятельности на срок до девяноста суток. (в ред. Федерального закона от 23.07.2010 N 171-ФЗ)
3. Грубое нарушение требований промышленной безопасности или грубое нарушение условий лицензии на осуществление видов деятельности в области промышленной безопасности опасных производственных объектов -
влечет наложение административного штрафа на должностных лиц в размере от сорока тысяч до пятидесяти тысяч рублей или дисквалификацию на срок от одного года до двух лет; на юридических лиц - от пятисот тысяч до одного миллиона рублей или административное приостановление деятельности на срок до девяноста суток. (часть 3 в ред. Федерального закона от 23.07.2010 N 171-ФЗ)
Примечания:
1. Под грубым нарушением требований промышленной безопасности опасных производственных объектов понимается нарушение требований промышленной безопасности, приведшее к возникновению непосредственной угрозы жизни или здоровью людей. Понятие грубого нарушения условий лицензий на осуществление видов деятельности в области промышленной безопасности опасных производственных объектов устанавливается Правительством Российской Федерации в отношении конкретного лицензируемого вида деятельности.
2. Для целей настоящей статьи под должностными лицами в организациях, не являющихся органами государственной власти, иными государственными органами, органами местного самоуправления, государственными и муниципальными организациями, понимается лицо, осуществляющее полномочия единоличного исполнительного органа организации, а также лицо, выполняющее организационно-распорядительные или административно-хозяйственные функции в организации. В случае, когда полномочия единоличного исполнительного органа организации осуществляет юридическое лицо (управляющая организация), под должностным лицом понимается лицо, к должностным обязанностям которого относятся вопросы технической политики и промышленной безопасности. В случае отсутствия такого лица в управляющей организации под должностным лицом понимается лицо, осуществляющее полномочия единоличного исполнительного органа управляющей организации.
3. За административные правонарушения, предусмотренные настоящей статьей, лица, осуществляющие предпринимательскую деятельность без образования юридического лица, несут административную ответственность как юридические лица. (примечания в ред. Федерального закона от 23.07.2010 N 171-ФЗ)
Статья 9.2. Нарушение норм и правил безопасности гидротехнических сооружений
Нарушение норм и правил безопасности при проектировании, строительстве, приемке, вводе в эксплуатацию, эксплуатации, ремонте, реконструкции, консервации либо выводе из эксплуатации гидротехнического сооружения -
влечет наложение административного штрафа на граждан в размере от одной тысячи до одной тысячи пятисот рублей; на должностных лиц - от двух тысяч до трех тысяч рублей; на лиц, осуществляющих предпринимательскую деятельность без образования юридического лица, - от двух тысяч
до трех тысяч рублей или административное приостановление деятельности на срок до девяноста суток; на юридических лиц - от двадцати тысяч до тридцати тысяч рублей или административное приостановление деятельности на срок до девяноста суток. (в ред. Федеральных законов от 09.05.2005 N 45-ФЗ, от 22.06.2007 N 116-ФЗ)
Статья 9.3. Нарушение правил или норм эксплуатации тракторов, самоходных, дорожно-строительных и иных машин и оборудования
Нарушение обеспечивающих безопасность жизни и здоровья людей, сохранность имущества, охрану окружающей среды правил или норм эксплуатации тракторов, самоходных, дорожно-строительных и иных машин, прицепов к ним, оборудования, надзор за техническим состоянием которых осуществляют органы, осуществляющие государственный надзор за техническим состоянием самоходных машин и других видов техники, - (в ред. Федерального закона от 30.12.2008 N 309-ФЗ)
влечет предупреждение или наложение административного штрафа на граждан в размере от ста до трехсот рублей или лишение права управления транспортными средствами на срок от трех до шести месяцев; на должностных лиц - от пятисот до одной тысячи рублей. (в ред. Федеральных законов от 22.06.2007 N 116-ФЗ, от 27.07.2010 N 239-ФЗ)
Статья 9.4. Нарушение обязательных требований в области строительства и применения строительных материалов (изделий)
(в ред. Федерального закона от 18.07.2011 N 237-ФЗ)
1. Нарушение требований технических регламентов, проектной документации, обязательных требований документов в области стандартизации или требований специальных технических условий либо нарушение установленных уполномоченным федеральным органом исполнительной власти до дня вступления в силу технических регламентов обязательных требований к зданиям и сооружениям при проектировании, строительстве, реконструкции или капитальном ремонте объектов капитального строительства, в том числе при применении строительных материалов (изделий), -
влечет предупреждение или наложение административного штрафа на граждан в размере от одной тысячи до двух тысяч рублей; на должностных лиц - от двадцати тысяч до тридцати тысяч рублей; на юридических лиц - от ста тысяч до трехсот тысяч рублей.
2. Действия, предусмотренные частью 1 настоящей статьи, которые повлекли отступление от проектных значений параметров зданий и сооружений, затрагивают конструктивные и другие характеристики надежности и безопасности объектов капитального строительства и (или) их частей или безопасность строительных конструкций, участков сетей инженерно-технического обеспечения, либо которые повлекли причинение вреда жизни или здоровью граждан, имуществу физических или юридических лиц, государственному или муниципальному имуществу, окружающей среде, жизни или здоровью животных и растений, либо которые создали угрозу причинения вреда жизни или здоровью граждан, окружающей среде, жизни или здоровью животных и растений, -
влекут наложение административного штрафа на граждан в размере от двух тысяч до четырех тысяч рублей; на должностных лиц - от тридцати тысяч до тридцати пяти тысяч рублей; на лиц, осуществляющих предпринимательскую деятельность без образования юридического лица, - от тридцати пяти тысяч до сорока тысяч рублей либо административное приостановление деятельности на срок до шестидесяти суток; на юридических лиц - от трехсот тысяч до шестисот тысяч рублей либо административное приостановление деятельности на срок до шестидесяти суток.
3. Повторное в течение года совершение административного правонарушения, предусмотренного частью 2 настоящей статьи, -
влечет наложение административного штрафа на граждан в размере от четырех тысяч до пяти тысяч рублей; на должностных лиц - от тридцати пяти тысяч до сорока пяти тысяч рублей; на лиц, осуществляющих предпринимательскую деятельность без образования юридического лица, - от сорока тысяч до пятидесяти тысяч рублей либо административное приостановление деятельности на срок до девяноста суток; на юридических лиц - от семисот тысяч до одного миллиона рублей либо административное приостановление деятельности на срок до девяноста суток.
Статья 9.5. Нарушение установленного порядка строительства, реконструкции, капитального ремонта объекта капитального строительства, ввода его в эксплуатацию
(в ред. Федерального закона от 18.12.2006 N 232-ФЗ)
1. Строительство, реконструкция объектов капитального строительства без разрешения на строительство в случае, если для осуществления строительства, реконструкции объектов капитального строительства предусмотрено получение разрешений на строительство, - (в ред. Федерального закона от 18.07.2011 N 243-ФЗ)
влекут наложение административного штрафа на граждан в размере от двух тысяч до пяти тысяч рублей; на должностных лиц - от двадцати тысяч до пятидесяти тысяч рублей; на лиц, осуществляющих предпринимательскую деятельность без образования юридического лица, - от двадцати тысяч до пятидесяти тысяч рублей или административное приостановление их деятельности на срок до девяноста суток; на юридических лиц - от пятисот тысяч до одного миллиона рублей или административное приостановление их деятельности на срок до девяноста суток. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
2. Нарушение сроков направления в уполномоченные на осуществление государственного строительного надзора федеральный орган исполнительной власти, орган исполнительной власти субъекта Российской Федерации извещения о начале строительства, реконструкции объектов капитального строительства или неуведомление уполномоченных на осуществление государственного строительного надзора федерального органа исполнительной власти, органа исполнительной власти субъекта Российской Федерации о сроках завершения работ, которые подлежат проверке, - (в ред. Федерального закона от 18.07.2011 N 243-ФЗ)
влечет наложение административного штрафа на граждан в размере от пятисот до одной тысячи рублей; на должностных лиц - от десяти тысяч до тридцати тысяч рублей; на лиц, осуществляющих предпринимательскую деятельность без образования юридического лица, - от десяти тысяч до сорока тысяч рублей; на юридических лиц - от ста тысяч до трехсот тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
3. Продолжение работ до составления актов об устранении выявленных уполномоченными на осуществление государственного строительного надзора федеральным органом исполнительной власти, органами исполнительной власти субъектов Российской Федерации недостатков при строительстве, реконструкции, капитальном ремонте объектов капитального строительства -
влечет наложение административного штрафа на граждан в размере от двух тысяч до пяти тысяч рублей; на должностных лиц - от десяти тысяч до тридцати тысяч рублей; на лиц, осуществляющих предпринимательскую деятельность без образования юридического лица, - от десяти тысяч до сорока тысяч рублей или административное приостановление их деятельности на срок до девяноста суток; на юридических лиц - от пятидесяти тысяч до ста тысяч рублей или административное приостановление их деятельности на срок до девяноста суток. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
4. Выдача разрешения на ввод объекта в эксплуатацию при отсутствии заключений уполномоченных на осуществление государственного строительного надзора федерального органа исполнительной власти, органа исполнительной власти субъекта Российской Федерации в случае, если при строительстве, реконструкции объекта капитального строительства законодательством Российской Федерации о градостроительной деятельности предусмотрено осуществление государственного строительного надзора, - (в ред. Федерального закона от 18.07.2011 N 243-ФЗ)
влечет наложение административного штрафа на должностных лиц в размере от двадцати тысяч до пятидесяти тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
5. Эксплуатация объекта капитального строительства без разрешения на ввод его в эксплуатацию, за исключением случаев, если для осуществления строительства, реконструкции, капитального ремонта объектов капитального строительства не требуется выдача разрешения на строительство, -
влечет наложение административного штрафа на граждан в размере от пятисот до одной тысячи
рублей; на должностных лиц - от одной тысячи до двух тысяч рублей; на юридических лиц - от десяти тысяч до двадцати тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 9.5.1. Выполнение инженерных изысканий, подготовка проектной документации, строительство, реконструкция, капитальный ремонт объектов капитального строительства без свидетельства о допуске к соответствующим видам работ или с нарушением минимально необходимых требований к выдаче свидетельств о допуске к соответствующим видам работ
(введена Федеральным законом от 22.07.2008 N 148-ФЗ)
1. Выполнение работ по инженерным изысканиям, по подготовке проектной документации, по строительству, реконструкции, капитальному ремонту объектов капитального строительства, которые оказывают влияние на безопасность объектов капитального строительства (далее в настоящей статье - работы, которые оказывают влияние на безопасность объектов капитального строительства), без свидетельства о допуске к указанным видам работ, если такое свидетельство является обязательным, -
влечет наложение административного штрафа в размере от сорока тысяч до пятидесяти тысяч рублей.
2. Несоблюдение юридическим лицом или индивидуальным предпринимателем при выполнении работ, которые оказывают влияние на безопасность объектов капитального строительства, минимально необходимых требований к выдаче свидетельства о допуске к работам, которые оказывают влияние на безопасность объектов капитального строительства, -
влечет наложение административного штрафа в размере от тридцати тысяч до сорока тысяч рублей.
3. Повторное в течение года несоблюдение юридическим лицом или индивидуальным предпринимателем при выполнении работ, которые оказывают влияние на безопасность объектов капитального строительства, минимально необходимых требований к выдаче свидетельства о допуске к работам, которые оказывают влияние на безопасность объектов капитального строительства, -
влечет наложение административного штрафа в размере от сорока тысяч до пятидесяти тысяч рублей или административное приостановление деятельности на срок до девяноста суток.
Статья 9.6. Нарушение правил использования атомной энергии и учета ядерных материалов и радиоактивных веществ
1. Нарушение норм и правил в области использования атомной энергии -
влечет наложение административного штрафа на граждан в размере от двух тысяч до трех тысяч рублей; на должностных лиц - от двадцати тысяч до тридцати тысяч рублей или дисквалификацию на срок от шести месяцев до одного года; на юридических лиц - от двухсот тысяч до трехсот тысяч рублей. (в ред. Федерального закона от 30.11.2011 N 347-ФЗ)
2. Нарушение установленного порядка учета ядерных материалов или радиоактивных веществ, а равно необеспечение контроля за соблюдением правил их хранения и использования -
влечет наложение административного штрафа на граждан в размере от четырех тысяч до пяти тысяч рублей; на должностных лиц - от тридцати тысяч до сорока тысяч рублей или дисквалификацию на срок от одного года до полутора лет; на юридических лиц - от трехсот тысяч до четырехсот тысяч рублей. (в ред. Федерального закона от 30.11.2011 N 347-ФЗ)
3. Грубое нарушение норм и правил в области использования атомной энергии -
влечет наложение административного штрафа на должностных лиц в размере от сорока тысяч до пятидесяти тысяч рублей или дисквалификацию на срок от одного года до двух лет; на юридических лиц - от пятисот тысяч до одного миллиона рублей. (часть 3 введена Федеральным законом от 30.11.2011 N 347-ФЗ)
Примечание. Под грубым нарушением норм и правил в области использования атомной энергии понимается нарушение, приведшее к возникновению непосредственной угрозы жизни или здоровью людей и окружающей среде. (примечание введено Федеральным законом от 30.11.2011 N 347-ФЗ)
Статья 9.7. Повреждение электрических сетей
1. Повреждение электрических сетей напряжением до 1000 вольт (воздушных, подземных и подводных кабельных линий электропередачи, вводных и распределительных устройств) -
влечет наложение административного штрафа на граждан в размере от одной тысячи до одной тысячи пятисот рублей; на должностных лиц - от двух тысяч до трех тысяч рублей; на юридических лиц - от двадцати тысяч до тридцати тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
2. Повреждение электрических сетей напряжением свыше 1000 вольт -
влечет наложение административного штрафа на граждан в размере от одной тысячи до двух тысяч рублей; на должностных лиц - от трех тысяч до четырех тысяч рублей; на юридических лиц - от тридцати тысяч до сорока тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 9.8. Нарушение правил охраны электрических сетей напряжением свыше 1000 вольт
Нарушение правил охраны электрических сетей напряжением свыше 1000 вольт, могущее вызвать или вызвавшее перерыв в обеспечении потребителей электрической энергией, -
влечет наложение административного штрафа на граждан в размере от пятисот до одной тысячи рублей; на должностных лиц - от одной тысячи до двух тысяч рублей; на юридических лиц - от десяти тысяч до двадцати тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 9.9. Ввод в эксплуатацию топливо- и энергопотребляющих объектов без разрешения соответствующих органов
Ввод в эксплуатацию топливо- и энергопотребляющих объектов без разрешения органов, осуществляющих государственный надзор на указанных объектах, -
влечет наложение административного штрафа на должностных лиц в размере от одной тысячи до двух тысяч рублей; на лиц, осуществляющих предпринимательскую деятельность без образования юридического лица, - от одной тысячи до двух тысяч рублей или административное приостановление деятельности на срок до девяноста суток; на юридических лиц - от десяти тысяч до двадцати тысяч рублей или административное приостановление деятельности на срок до девяноста суток. (в ред. Федеральных законов от 09.05.2005 N 45-ФЗ, от 22.06.2007 N 116-ФЗ)
Статья 9.10. Повреждение тепловых сетей, топливопроводов, совершенное по неосторожности
Повреждение тепловых сетей, топливопроводов (пневмопроводов, кислородопроводов, нефтепроводов, нефтепродуктопроводов, газопроводов) либо их оборудования, совершенное по неосторожности, -
влечет наложение административного штрафа на граждан в размере от одной тысячи до одной тысячи пятисот рублей; на должностных лиц - от двух тысяч до трех тысяч рублей; на юридических лиц - от двадцати тысяч до тридцати тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 9.11. Нарушение правил пользования топливом и энергией, правил устройства, эксплуатации топливо- и энергопотребляющих установок, тепловых сетей, объектов хранения, содержания, реализации и транспортировки энергоносителей, топлива и продуктов его переработки
Нарушение правил пользования топливом, электрической и тепловой энергией, правил устройства электроустановок, эксплуатации электроустановок, топливо- и энергопотребляющих установок, тепловых сетей, объектов хранения, содержания, реализации и транспортировки энергоносителей, топлива и продуктов его переработки -
влечет наложение административного штрафа на граждан в размере от пятисот до одной тысячи рублей; на должностных лиц - от одной тысячи до двух тысяч рублей; на лиц, осуществляющих предпринимательскую деятельность без образования юридического лица, - от одной тысячи до двух тысяч
рублей или административное приостановление деятельности на срок до девяноста суток; на юридических лиц - от десяти тысяч до двадцати тысяч рублей или административное приостановление деятельности на срок до девяноста суток. (в ред. Федеральных законов от 09.05.2005 N 45-ФЗ, от 22.06.2007 N 116-ФЗ)
Статья 9.12. Утратила силу. - Федеральный закон от 23.11.2009 N 261-ФЗ.
Статья 9.13. Уклонение от исполнения требований доступности для инвалидов объектов инженерной, транспортной и социальной инфраструктур
Уклонение от исполнения требований к обеспечению условий для доступа инвалидов к объектам инженерной, транспортной и социальной инфраструктур -
влечет наложение административного штрафа на должностных лиц в размере от двух тысяч до трех тысяч рублей; на юридических лиц - от двадцати тысяч до тридцати тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 9.14. Отказ от производства транспортных средств общего пользования, приспособленных для использования инвалидами
Отказ от постановки на производство транспортных средств общего пользования, приспособленных для использования инвалидами, -
влечет наложение административного штрафа на должностных лиц в размере от двух тысяч до трех тысяч рублей; на юридических лиц - от двадцати тысяч до тридцати тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 9.15. Нарушение стандартов раскрытия информации субъектами оптового рынка электрической энергии и мощности, розничных рынков электрической энергии
(введена Федеральным законом от 17.07.2009 N 160-ФЗ)
Нарушение субъектом оптового рынка электрической энергии и мощности или розничного рынка электрической энергии установленных стандартами раскрытия информации порядка, способов или сроков опубликования информации в печатных изданиях, в которых в соответствии с федеральными законами и законами субъектов Российской Федерации публикуются официальные материалы органов государственной власти, в электронных средствах массовой информации, а также порядка, способов или сроков предоставления информации по письменному запросу заинтересованных лиц -
влечет наложение административного штрафа на должностных лиц в размере от двадцати тысяч до тридцати тысяч рублей; на юридических лиц - от двухсот тысяч до пятисот тысяч рублей.
Статья 9.16. Нарушение законодательства об энергосбережении и о повышении энергетической эффективности
(введена Федеральным законом от 23.11.2009 N 261-ФЗ)
1. Выпуск производителем или ввоз на территорию Российской Федерации импортером товара без включения информации о классе его энергетической эффективности, иной обязательной информации об энергетической эффективности в техническую документацию, прилагаемую к товару, в его маркировку, на его этикетку, а равно нарушение установленных правил включения указанной информации -
влечет наложение административного штрафа на должностных лиц в размере от десяти тысяч до пятнадцати тысяч рублей; на лиц, осуществляющих предпринимательскую деятельность без образования юридического лица, - от десяти тысяч до пятнадцати тысяч рублей с конфискацией товаров, явившихся предметом административного правонарушения, или без таковой; на юридических лиц - от ста тысяч до ста пятидесяти тысяч рублей с конфискацией товаров, явившихся предметом административного правонарушения, или без таковой.
2. Реализация товаров без информации о классе их энергетической эффективности, иной обязательной информации об энергетической эффективности в технической документации, прилагаемой к товарам, в их маркировке, на их этикетках в случае, если наличие такой информации является обязательным, -
влечет наложение административного штрафа на должностных лиц в размере от десяти тысяч до пятнадцати тысяч рублей; на лиц, осуществляющих предпринимательскую деятельность без образования юридического лица, - от десяти тысяч до пятнадцати тысяч рублей с конфискацией товаров, явившихся предметом административного правонарушения, или без таковой; на юридических лиц - от ста тысяч до ста пятидесяти тысяч рублей с конфискацией товаров, явившихся предметом административного правонарушения, или без таковой.
3. Несоблюдение при проектировании, строительстве, реконструкции, капитальном ремонте зданий, строений, сооружений требований энергетической эффективности, требований их оснащенности приборами учета используемых энергетических ресурсов -
влечет наложение административного штрафа на должностных лиц в размере от двадцати тысяч до тридцати тысяч рублей; на лиц, осуществляющих предпринимательскую деятельность без образования юридического лица, - от сорока тысяч до пятидесяти тысяч рублей; на юридических лиц - от пятисот тысяч до шестисот тысяч рублей.
4. Несоблюдение лицами, ответственными за содержание многоквартирных домов, требований энергетической эффективности, предъявляемых к многоквартирным домам, требований их оснащенности приборами учета используемых энергетических ресурсов, требований о проведении обязательных мероприятий по энергосбережению и повышению энергетической эффективности общего имущества собственников помещений в многоквартирных домах -
влечет наложение административного штрафа на должностных лиц в размере от пяти тысяч до десяти тысяч рублей; на лиц, осуществляющих предпринимательскую деятельность без образования юридического лица, - от десяти тысяч до пятнадцати тысяч рублей; на юридических лиц - от двадцати тысяч до тридцати тысяч рублей.
5. Несоблюдение лицами, ответственными за содержание многоквартирных домов, требований о разработке и доведении до сведения собственников помещений в многоквартирных домах предложений о мероприятиях по энергосбережению и повышению энергетической эффективности в многоквартирных домах -
влечет наложение административного штрафа на должностных лиц в размере от пяти тысяч до десяти тысяч рублей; на лиц, осуществляющих предпринимательскую деятельность без образования юридического лица, - от десяти тысяч до пятнадцати тысяч рублей; на юридических лиц - от двадцати тысяч до тридцати тысяч рублей.
6. Несоблюдение организациями, обязанными осуществлять деятельность по установке, замене, эксплуатации приборов учета используемых энергетических ресурсов, снабжение которыми или передачу которых они осуществляют, требования о предоставлении собственникам жилых домов, дачных домов, садовых домов, лицам, представляющим их интересы, собственникам помещений в многоквартирных домах, лицам, ответственным за содержание многоквартирных домов, предложений об оснащении приборами учета используемых энергетических ресурсов, если предоставление указанных предложений таким лицам является обязательным, -
влечет наложение административного штрафа на должностных лиц в размере от двадцати тысяч до тридцати тысяч рублей; на юридических лиц - от ста тысяч до ста пятидесяти тысяч рублей.
7. Несоблюдение собственниками нежилых зданий, строений, сооружений в процессе их эксплуатации требований энергетической эффективности, предъявляемых к таким зданиям, строениям, сооружениям, требований их оснащенности приборами учета используемых энергетических ресурсов -
влечет наложение административного штрафа на должностных лиц в размере от десяти тысяч до пятнадцати тысяч рублей; на лиц, осуществляющих предпринимательскую деятельность без образования юридического лица, - от двадцати тысяч до тридцати пяти тысяч рублей; на юридических лиц - от ста тысяч до ста пятидесяти тысяч рублей.
8. Несоблюдение сроков проведения обязательного энергетического обследования -
влечет наложение административного штрафа на должностных лиц в размере от десяти тысяч до пятнадцати тысяч рублей; на лиц, осуществляющих предпринимательскую деятельность без образования юридического лица, - от десяти тысяч до пятнадцати тысяч рублей; на юридических лиц - от пятидесяти
тысяч до двухсот пятидесяти тысяч рублей.
9. Несоблюдение требования о представлении копии энергетического паспорта, составленного по результатам обязательного энергетического обследования, в уполномоченный федеральный орган исполнительной власти -
влечет наложение административного штрафа на должностных лиц в размере пяти тысяч рублей; на юридических лиц - десяти тысяч рублей.
10. Несоблюдение организациями с участием государства или муниципального образования, а равно организациями, осуществляющими регулируемые виды деятельности, требования о принятии программ в области энергосбережения и повышения энергетической эффективности -
влечет наложение административного штрафа на должностных лиц в размере от тридцати тысяч до пятидесяти тысяч рублей; на юридических лиц - от пятидесяти тысяч до ста тысяч рублей.
11. Размещение заказов на поставки товаров, выполнение работ, оказание услуг для государственных или муниципальных нужд, не соответствующих требованиям их энергетической эффективности, -
влечет наложение административного штрафа на должностных лиц в размере от двадцати пяти тысяч до тридцати тысяч рублей; на юридических лиц - от пятидесяти тысяч до ста тысяч рублей.
12. Необоснованный отказ или уклонение организации, обязанной осуществлять деятельность по установке, замене, эксплуатации приборов учета используемых энергетических ресурсов, снабжение которыми или передачу которых они осуществляют, от заключения соответствующего договора и (или) от его исполнения, а равно нарушение установленного порядка его заключения либо несоблюдение такой организацией установленных для нее в качестве обязательных требований об установке, о замене, об эксплуатации приборов учета используемых энергетических ресурсов -
влечет наложение административного штрафа на должностных лиц в размере от двадцати тысяч до тридцати тысяч рублей; на лиц, осуществляющих предпринимательскую деятельность без образования юридического лица, - от двадцати тысяч до тридцати тысяч рублей; на юридических лиц - от пятидесяти тысяч до ста тысяч рублей.
Статья 9.17. Нарушение нормативов запасов топлива, порядка создания и использования тепловыми электростанциями запасов топлива
(введена Федеральным законом от 26.07.2010 N 189-ФЗ)
Нарушение собственниками или иными законными владельцами тепловых электростанций, производящих электрическую, тепловую энергию для потребителей, их должностными лицами нормативов запасов топлива, порядка создания и использования тепловыми электростанциями запасов топлива -
влечет наложение административного штрафа на должностных лиц в размере от тридцати тысяч до пятидесяти тысяч рублей или дисквалификацию на срок от восемнадцати месяцев до трех лет; на юридических лиц - в размере стоимости предмета административного правонарушения на момент окончания или пресечения административного правонарушения.
Примечание. Под стоимостью предмета административного правонарушения для целей настоящей статьи понимается стоимость топлива, запасов которого не хватает для соблюдения норматива запаса топлива на тепловой электростанции. При этом указанная стоимость топлива определяется исходя из цены такого топлива, учтенной федеральным органом исполнительной власти, органом исполнительной власти субъекта Российской Федерации в области государственного регулирования цен (тарифов) при установлении цен (тарифов) на электрическую энергию (мощность) и (или) тепловую энергию.
В случае, если указанные цены (тарифы) не подлежат государственному регулированию, цена топлива устанавливается исходя из рыночной цены данного вида топлива, определяемой в соответствии с официальными источниками информации о рыночных ценах и (или) биржевых котировках.
Статья 9.18. Нарушение порядка вывода объектов электроэнергетики в ремонт
(введена Федеральным законом от 26.07.2010 N 189-ФЗ)
Нарушение собственниками или иными законными владельцами объектов по производству электрической энергии и (или) объектов электросетевого хозяйства порядка вывода объектов электроэнергетики в ремонт, повлекшее полное и (или) частичное ограничение режима потребления электрической и (или) тепловой энергии потребителями более чем на три календарных дня, -
влечет наложение административного штрафа на должностных лиц в размере от тридцати тысяч до пятидесяти тысяч рублей или дисквалификацию на срок от восемнадцати месяцев до трех лет; на юридических лиц - в размере от пятисот тысяч до одного миллиона рублей.
Положения статьи 9.19 (в ред. Федерального закона от 27.07.2010 N 226-ФЗ) в отношении опасных объектов, которые являются государственным или муниципальным имуществом и финансирование эксплуатации которых полностью или частично осуществляется за счет средств соответствующих бюджетов, лифтов и эскалаторов в многоквартирных домах применяются с 1 января 2013 года (статья 7 Федерального закона от 27.07.2010 N 226-ФЗ).
Статья 9.19. Несоблюдение требований об обязательном страховании гражданской ответственности владельца опасного объекта за причинение вреда в результате аварии на опасном объекте
(введена Федеральным законом от 27.07.2010 N 226-ФЗ)
Эксплуатация опасного объекта, за исключением ввода в эксплуатацию опасного объекта, в случае отсутствия договора обязательного страхования гражданской ответственности владельца опасного объекта за причинение вреда в результате аварии на опасном объекте -
влечет наложение административного штрафа на должностных лиц в размере от пятнадцати тысяч до двадцати тысяч рублей, на юридических лиц - от трехсот тысяч до пятисот тысяч рублей.
Статья 9.20. Нарушение порядка использования объектов по хранению химического оружия и объектов по уничтожению химического оружия
(введена Федеральным законом от 08.12.2010 N 347-ФЗ)
Использование объектов по хранению химического оружия и объектов по уничтожению химического оружия в целях, не связанных с хранением и уничтожением химического оружия, утилизацией и захоронением отходов, образующихся в процессе уничтожения химического оружия, -
влечет наложение административного штрафа на должностных лиц в размере от двух тысяч до четырех тысяч рублей; на юридических лиц - от тридцати тысяч до сорока тысяч рублей.
Статья 9.21. Нарушение правил технологического присоединения к электрическим сетям, правил подключения к системам теплоснабжения либо правил подключения к системам водоснабжения и водоотведения
(введена Федеральным законом от 06.12.2011 N 403-ФЗ)
1. Нарушение правил технологического присоединения к электрическим сетям, правил подключения к системам теплоснабжения либо правил подключения к системам водоснабжения и водоотведения, выразившееся в несоответствии предлагаемых потребителю для заключения проекта договора об осуществлении технологического присоединения к объектам электросетевого хозяйства или о подключении к системам теплоснабжения или системам водоснабжения и водоотведения и (или) технических условий (если получение технических условий требуется в соответствии с законодательством Российской Федерации) правилам, обязательным для сторон при заключении и исполнении соответствующих договоров, и (или) правилам определения и предоставления технических условий в соответствии с законодательством Российской Федерации, за исключением случаев, предусмотренных статьями 14.31, 14.31.1, 14.32 настоящего Кодекса, либо нарушении установленных законодательством сроков представления потребителю проекта договора об осуществлении технологического присоединения к объектам электросетевого хозяйства или о подключении к системам теплоснабжения или системам водоснабжения и водоотведения и (или) технических условий (если получение технических условий требуется в соответствии с законодательством Российской Федерации), за исключением случаев, предусмотренных статьями 14.31, 14.31.1, 14.32 настоящего Кодекса, либо необоснованном отказе в заключении договора об осуществлении технологического присоединения к объектам электросетевого
хозяйства или о подключении к системам теплоснабжения или системам водоснабжения и водоотведения, за исключением случаев, предусмотренных статьями 14.31, 14.31.1, 14.32 настоящего Кодекса, -
влечет наложение административного штрафа на должностных лиц в размере от десяти тысяч до сорока тысяч рублей; на юридических лиц - от ста тысяч до пятисот тысяч рублей.
2. Повторное в течение года совершение административного правонарушения, предусмотренного частью 1 настоящей статьи, -
влечет наложение административного штрафа на должностных лиц в размере от сорока тысяч до пятидесяти тысяч рублей; на юридических лиц - от шестисот тысяч до одного миллиона рублей.
Глава 10. АДМИНИСТРАТИВНЫЕ ПРАВОНАРУШЕНИЯ В СЕЛЬСКОМ ХОЗЯЙСТВЕ, ВЕТЕРИНАРИИ И МЕЛИОРАЦИИ ЗЕМЕЛЬ
Статья 10.1. Нарушение правил борьбы с карантинными, особо опасными и опасными вредителями растений, возбудителями болезней растений, растениями-сорняками
Нарушение правил борьбы с карантинными, особо опасными и опасными вредителями растений, возбудителями болезней растений, растениями-сорняками -
влечет предупреждение или наложение административного штрафа на граждан в размере от трехсот до пятисот рублей; на должностных лиц - от пятисот до одной тысячи рублей; на юридических лиц - от пяти тысяч до десяти тысяч рублей. (в ред. Федеральных законов от 22.06.2007 N 116-ФЗ, от 27.07.2010 N 239-ФЗ)
Статья 10.2. Нарушение порядка ввоза и вывоза подкарантинной продукции (подкарантинного материала, подкарантинного груза)
Нарушение порядка ввоза на территорию Российской Федерации и в свободные от карантинных объектов зоны, вывоза с территории Российской Федерации и из карантинных фитосанитарных зон подкарантинной продукции (подкарантинного материала, подкарантинного груза) -
влечет наложение административного штрафа на граждан в размере от трехсот до пятисот рублей; на должностных лиц - от пятисот до одной тысячи рублей; на юридических лиц - от пяти тысяч до десяти тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 10.3. Нарушение правил производства, заготовки, перевозки, хранения, переработки, использования и реализации подкарантинной продукции (подкарантинного материала, подкарантинного груза)
Нарушение правил производства, заготовки, перевозки, хранения, переработки, использования и реализации подкарантинной продукции (подкарантинного материала, подкарантинного груза) -
влечет наложение административного штрафа на граждан в размере от двухсот до пятисот рублей; на должностных лиц - от пятисот до одной тысячи рублей; на лиц, осуществляющих предпринимательскую деятельность без образования юридического лица, - от пятисот до одной тысячи рублей или административное приостановление деятельности на срок до девяноста суток; на юридических лиц - от пяти тысяч до десяти тысяч рублей или административное приостановление деятельности на срок до девяноста суток. (в ред. Федеральных законов от 09.05.2005 N 45-ФЗ, от 22.06.2007 N 116-ФЗ)
Статья 10.4. Непринятие мер по обеспечению режима охраны посевов и мест хранения растений, содержащих наркотические средства или психотропные вещества либо их прекурсоры (в ред. Федерального закона от 19.05.2010 N 87-ФЗ)
Непринятие должностным лицом мер по обеспечению установленного режима охраны посевов и мест хранения растений, содержащих наркотические средства или психотропные вещества либо их прекурсоры, а равно мер по уничтожению пожнивных остатков и отходов производства, содержащих наркотические средства, психотропные вещества или их прекурсоры, - (в ред. Федерального закона от 19.05.2010 N 87-ФЗ)
влечет наложение административного штрафа в размере от трех тысяч до четырех тысяч рублей.
(в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 10.5. Непринятие мер по уничтожению дикорастущих растений, содержащих наркотические средства или психотропные вещества либо их прекурсоры (в ред. Федерального закона от 19.05.2010 N 87-ФЗ)
Непринятие землевладельцем или землепользователем мер по уничтожению дикорастущих растений, содержащих наркотические средства или психотропные вещества либо их прекурсоры, после получения официального предписания уполномоченного органа - (в ред. Федерального закона от 19.05.2010 N 87-ФЗ)
влечет наложение административного штрафа на граждан в размере от одной тысячи пятисот до двух тысяч рублей; на должностных лиц - от трех тысяч до четырех тысяч рублей; на юридических лиц - от тридцати тысяч до сорока тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 10.5.1. Незаконное культивирование растений, содержащих наркотические средства или психотропные вещества либо их прекурсоры
(введена Федеральным законом от 19.05.2010 N 87-ФЗ)
Незаконное культивирование растений, содержащих наркотические средства или психотропные вещества либо их прекурсоры, если это действие не содержит уголовно наказуемого деяния, -
влечет наложение административного штрафа на граждан в размере от одной тысячи пятисот до четырех тысяч рублей или административный арест на срок до пятнадцати суток; на юридических лиц - от ста тысяч до трехсот тысяч рублей.
Статья 10.6. Нарушение правил карантина животных или других ветеринарно-санитарных правил
1. Нарушение правил карантина животных или других ветеринарно-санитарных правил, за исключением случаев, предусмотренных частью 2 настоящей статьи, - (в ред. Федерального закона от 03.12.2008 N 247-ФЗ)
влечет наложение административного штрафа на граждан в размере от пятисот до одной тысячи рублей; на должностных лиц - от трех тысяч до пяти тысяч рублей; на лиц, осуществляющих предпринимательскую деятельность без образования юридического лица, - от трех тысяч до пяти тысяч рублей или административное приостановление деятельности на срок до девяноста суток; на юридических лиц - от десяти тысяч до двадцати тысяч рублей или административное приостановление деятельности на срок до девяноста суток. (в ред. Федеральных законов от 09.05.2005 N 45-ФЗ, от 09.04.2007 N 44-ФЗ, от 22.06.2007 N 116-ФЗ)
2. Нарушение правил борьбы с карантинными и особо опасными болезнями животных -
влечет наложение административного штрафа на граждан в размере от одной тысячи до одной тысячи пятисот рублей; на должностных лиц - от пяти тысяч до семи тысяч рублей; на лиц, осуществляющих предпринимательскую деятельность без образования юридического лица, - от пяти тысяч до семи тысяч рублей или административное приостановление деятельности на срок до девяноста суток; на юридических лиц - от девяноста тысяч до ста тысяч рублей или административное приостановление деятельности на срок до девяноста суток. (часть вторая введена Федеральным законом от 03.12.2008 N 247-ФЗ)
Статья 10.7. Сокрытие сведений о внезапном падеже или об одновременных массовых заболеваниях животных
1. Сокрытие от органов государственного ветеринарного надзора сведений о внезапном падеже или об одновременных массовых заболеваниях животных либо несвоевременное извещение указанных органов о внезапном падеже или об одновременных массовых заболеваниях животных, а также несвоевременное принятие либо непринятие мер по локализации этих падежа и заболеваний -
влечет наложение административного штрафа на граждан в размере от пятисот до одной тысячи рублей; на должностных лиц - от одной тысячи до двух тысяч рублей; на юридических лиц - от десяти тысяч до двадцати тысяч рублей.
(в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
2. Те же действия, совершенные в период осуществления на соответствующей территории ограничительных мероприятий (карантина), -
влекут наложение административного штрафа на граждан в размере от одной тысячи до одной тысячи пятисот рублей; на должностных лиц - от двух тысяч до двух тысяч пятисот рублей; на юридических лиц - от девяноста тысяч до ста тысяч рублей. (часть вторая введена Федеральным законом от 03.12.2008 N 247-ФЗ)
Статья 10.8. Нарушение ветеринарно-санитарных правил перевозки или убоя животных, правил переработки, хранения или реализации продуктов животноводства
Нарушение ветеринарно-санитарных правил перевозки или убоя животных либо правил переработки, хранения или реализации продуктов животноводства -
влечет наложение административного штрафа на граждан в размере от пятисот до одной тысячи рублей; на должностных лиц - от трех тысяч до пяти тысяч рублей; на лиц, осуществляющих предпринимательскую деятельность без образования юридического лица, - от трех тысяч до пяти тысяч рублей или административное приостановление деятельности на срок до девяноста суток; на юридических лиц - от десяти тысяч до двадцати тысяч рублей или административное приостановление деятельности на срок до девяноста суток. (в ред. Федеральных законов от 09.05.2005 N 45-ФЗ, от 09.04.2007 N 44-ФЗ, от 22.06.2007 N 116-ФЗ)
Статья 10.9. Проведение мелиоративных работ с нарушением проекта
Проведение мелиоративных работ с нарушением проекта проведения мелиоративных работ -
влечет предупреждение или наложение административного штрафа на граждан в размере от одной тысячи пятисот до двух тысяч рублей; на должностных лиц - от трех тысяч до четырех тысяч рублей; на юридических лиц - от тридцати тысяч до сорока тысяч рублей. (в ред. Федеральных законов от 22.06.2007 N 116-ФЗ, от 27.07.2010 N 239-ФЗ)
Статья 10.10. Нарушение правил эксплуатации мелиоративных систем или отдельно расположенных гидротехнических сооружений. Повреждение мелиоративных систем
1. Нарушение правил эксплуатации мелиоративной системы или отдельно расположенного гидротехнического сооружения -
влечет наложение административного штрафа на граждан в размере от пятисот до одной тысячи рублей; на должностных лиц - от одной тысячи до двух тысяч рублей; на юридических лиц - от десяти тысяч до двадцати тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
2. Повреждение мелиоративной системы, а равно защитного лесного насаждения -
влечет наложение административного штрафа на граждан в размере от одной тысячи до одной тысячи пятисот рублей; на должностных лиц - от двух тысяч до трех тысяч рублей; на юридических лиц - от двадцати тысяч до тридцати тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
3. Сооружение и (или) эксплуатация линий связи, линий электропередачи, трубопроводов, дорог или других объектов на мелиорируемых (мелиорированных) землях без согласования со специально уполномоченным государственным органом в области мелиорации земель -
влечет наложение административного штрафа на граждан в размере от одной тысячи до одной тысячи пятисот рублей; на должностных лиц - от одной тысячи пятисот до двух тысяч рублей; на юридических лиц - от десяти тысяч до двадцати тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 10.11. Нарушение норм и правил ведения племенного животноводства
1. Реализация или использование в целях воспроизводства племенной продукции (материала) с
нарушением требований, установленных законодательством о племенном животноводстве, -
влечет предупреждение или наложение административного штрафа на граждан в размере от одной тысячи до одной тысячи пятисот рублей; на должностных лиц - от двух тысяч до трех тысяч рублей; на юридических лиц - от двадцати тысяч до тридцати тысяч рублей. (в ред. Федеральных законов от 22.06.2007 N 116-ФЗ, от 27.07.2010 N 239-ФЗ)
2. Нарушение правил государственной регистрации племенных животных и племенных стад -
влечет наложение административного штрафа на граждан в размере от трехсот до пятисот рублей; на должностных лиц - от пятисот до одной тысячи рублей; на юридических лиц - от пяти тысяч до десяти тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 10.12. Нарушение правил производства, заготовки, обработки, хранения, реализации, транспортировки и использования семян сельскохозяйственных растений
Нарушение правил производства, заготовки, обработки, хранения, реализации, транспортировки и использования семян сельскохозяйственных растений -
влечет предупреждение или наложение административного штрафа на граждан в размере от трехсот до пятисот рублей; на должностных лиц - от пятисот до одной тысячи рублей; на юридических лиц - от пяти тысяч до десяти тысяч рублей. (в ред. Федеральных законов от 22.06.2007 N 116-ФЗ, от 27.07.2010 N 239-ФЗ)
Статья 10.13. Нарушение правил ведения документации на семена сельскохозяйственных растений
Нарушение правил ведения документации на семена сельскохозяйственных растений либо внесение в нее недостоверных сведений о сортовых и посевных качествах семян -
влечет предупреждение или наложение административного штрафа на граждан в размере от ста до трехсот рублей; на должностных лиц - от трехсот до пятисот рублей; на юридических лиц - от трех тысяч до пяти тысяч рублей. (в ред. Федеральных законов от 22.06.2007 N 116-ФЗ, от 27.07.2010 N 239-ФЗ)
Статья 10.14. Нарушение порядка ввоза на территорию Российской Федерации семян сельскохозяйственных растений
Ввоз на территорию Российской Федерации не соответствующих требованиям государственных стандартов партий семян без документов, удостоверяющих их сортовые и посевные качества, партий семян в незатаренном состоянии (насыпью), обработанных химическими и биологическими препаратами, либо допущенных к использованию партий семян, сорта которых не включены в Государственный реестр селекционных достижений, за исключением партий семян, предназначенных для научных исследований, государственных испытаний, производства семян для вывоза из Российской Федерации, -
влечет наложение административного штрафа на граждан в размере от одной тысячи пятисот до двух тысяч рублей; на должностных лиц - от трех тысяч до четырех тысяч рублей; на юридических лиц - от тридцати тысяч до сорока тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Глава 11. АДМИНИСТРАТИВНЫЕ ПРАВОНАРУШЕНИЯ НА ТРАНСПОРТЕ
Статья 11.1. Действия, угрожающие безопасности движения на железнодорожном транспорте и метрополитене (в ред. Федерального закона от 27.07.2010 N 195-ФЗ)
1. Повреждение железнодорожного пути, сооружений и устройств сигнализации или связи либо другого транспортного оборудования, сбрасывание на железнодорожные пути или оставление на них предметов, которые могут вызвать нарушение движения поездов, -
влечет наложение административного штрафа на граждан в размере от трех тысяч до пяти тысяч рублей либо административный арест на срок до пятнадцати суток; на должностных лиц - от двадцати тысяч до пятидесяти тысяч рублей. (в ред. Федерального закона от 27.07.2010 N 195-ФЗ)
2. Несоблюдение установленных габаритов при погрузке и выгрузке грузов -
влечет наложение административного штрафа на должностных лиц в размере от двух тысяч до трех тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
3. Повреждение защитных лесонасаждений, снегозащитных ограждений или других путевых объектов -
влечет наложение административного штрафа на граждан в размере от трехсот до пятисот рублей; на должностных лиц - от пятисот до одной тысячи рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
4. Нарушение правил проезда гужевым транспортом и прогона скота через железнодорожные пути, а равно нарушение правил выпаса скота вблизи железнодорожных путей -
влечет предупреждение или наложение административного штрафа на граждан в размере ста рублей; на должностных лиц - от ста до трехсот рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
5. Проход по железнодорожным путям в неустановленных местах -
влечет предупреждение или наложение административного штрафа в размере ста рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
6. Нарушение правил безопасности движения и эксплуатации железнодорожного транспорта на железнодорожных путях общего пользования, железнодорожных путях необщего пользования или на железнодорожных переездах, за исключением случаев, предусмотренных частями 1 - 5 настоящей статьи, если эти действия не содержат уголовно наказуемого деяния, -
влечет наложение административного штрафа в размере от одной тысячи до двух тысяч рублей. (часть шестая введена Федеральным законом от 28.12.2009 N 380-ФЗ)
Статья 11.2. Утратила силу. - Федеральный закон от 28.12.2009 N 380-ФЗ.
Статья 11.3. Действия, угрожающие безопасности полетов
(в ред. Федерального закона от 21.12.2009 N 336-ФЗ)
1. Размещение в районе аэродрома, вертодрома или посадочной площадки знаков и устройств, сходных с маркировочными знаками и устройствами, принятыми для опознавания аэродромов, вертодромов или посадочных площадок, -
влечет наложение административного штрафа на граждан в размере от одной тысячи до двух тысяч рублей; на должностных лиц - от четырех тысяч до пяти тысяч рублей; на юридических лиц - от десяти тысяч до двадцати тысяч рублей.
2. Применение на территории аэропорта, аэродрома, вертодрома или посадочной площадки либо в полосе воздушных подходов к аэродрому, вертодрому или посадочной площадке пиротехнических изделий без разрешения администрации аэропорта, аэродрома, вертодрома или посадочной площадки -
влечет наложение административного штрафа на граждан в размере от одной тысячи до двух тысяч рублей с конфискацией орудия совершения административного правонарушения; на должностных лиц - от четырех тысяч до пяти тысяч рублей с конфискацией орудия совершения административного правонарушения; на юридических лиц - от десяти тысяч до двадцати тысяч рублей с конфискацией орудия совершения административного правонарушения.
3. Повреждение оборудования аэродрома, вертодрома или посадочной площадки, аэродромных знаков либо воздушного судна -
влечет наложение административного штрафа в размере от одной тысячи до двух тысяч пятисот рублей.
4. Проход либо проезд без разрешения по территории аэропорта (за исключением аэровокзала) или аэродрома либо объекта радио- или светообеспечения полетов -
влечет предупреждение или наложение административного штрафа в размере от пятисот до одной тысячи рублей.
5. Нарушение порядка организации движения специального транспорта и средств механизации на аэродроме -
влечет наложение административного штрафа в размере одной тысячи рублей.
6. Невыполнение правил размещения на зданиях, сооружениях, линиях связи, линиях электропередачи, радиотехническом оборудовании или других объектах дневных и ночных маркировочных знаков и устройств, устанавливаемых в целях обеспечения безопасности полетов воздушных судов, -
влечет наложение административного штрафа на граждан в размере от одной тысячи до двух тысяч рублей; на должностных лиц - от четырех тысяч до пяти тысяч рублей; на юридических лиц - от десяти тысяч до двадцати тысяч рублей.
Статья 11.3.1. Нарушение требований авиационной безопасности
(введена Федеральным законом от 21.12.2009 N 336-ФЗ)
1. Невыполнение либо нарушение норм, правил или процедур авиационной безопасности, за исключением случаев, предусмотренных частями 2 - 4 настоящей статьи, -
влечет наложение административного штрафа на должностных лиц в размере от одной тысячи до двух тысяч пятисот рублей; на юридических лиц - от двух тысяч до пяти тысяч рублей.
2. Непринятие мер по содержанию ограждений контролируемой территории или зоны ограниченного доступа либо наземных сооружений аэропорта, аэродрома или вертодрома -
влечет наложение административного штрафа на должностных лиц в размере от двух тысяч до четырех тысяч рублей; на юридических лиц- от четырех тысяч до десяти тысяч рублей.
3. Непринятие мер по недопущению проникновения на борт воздушного судна лиц, ручной клади или багажа, груза, почты, бортовых запасов, не прошедших досмотра, либо предметов или веществ, запрещенных к перевозке воздушными судами, -
влечет наложение административного штрафа на должностных лиц в размере от двух тысяч до трех тысяч рублей; на юридических лиц - от десяти тысяч до пятидесяти тысяч рублей.
4. Доставка либо содействие в доставке на борт воздушного судна лиц, ручной клади или багажа, груза, почты, бортовых запасов, не прошедших досмотра, либо предметов или веществ, запрещенных к перевозке воздушными судами, -
влечет наложение административного штрафа на граждан в размере от одной тысячи до трех тысяч рублей; на должностных лиц - от десяти тысяч до тридцати тысяч рублей.
Статья 11.4. Нарушение правил использования воздушного пространства
1. Нарушение пользователем воздушного пространства федеральных правил использования воздушного пространства, если это действие не содержит уголовно наказуемого деяния, - (в ред. Федерального закона от 07.11.2011 N 304-ФЗ)
влечет наложение административного штрафа на граждан в размере от двух тысяч до пяти тысяч рублей; на должностных лиц - от двадцати пяти тысяч до тридцати тысяч рублей; на юридических лиц - от двухсот пятидесяти тысяч до трехсот тысяч рублей или административное приостановление деятельности на срок до девяноста суток. (в ред. Федеральных законов от 22.06.2007 N 116-ФЗ, от 21.12.2009 N 336-ФЗ)
2. Нарушение правил использования воздушного пространства лицами, не наделенными в
установленном порядке правом на осуществление деятельности по использованию воздушного пространства, если это действие не содержит уголовно наказуемого деяния, - (в ред. Федерального закона от 07.11.2011 N 304-ФЗ)
влечет наложение административного штрафа на граждан в размере от трех тысяч до пяти тысяч рублей; на должностных лиц - от тридцати тысяч до пятидесяти тысяч рублей; на юридических лиц - от трехсот тысяч до пятисот тысяч рублей или административное приостановление деятельности на срок до девяноста суток. (в ред. Федеральных законов от 22.06.2007 N 116-ФЗ, от 21.12.2009 N 336-ФЗ)
Статья 11.5. Нарушение правил безопасности эксплуатации воздушных судов
(в ред. Федерального закона от 21.12.2009 N 336-ФЗ)
1. Нарушение порядка допуска к выполнению полетов воздушных судов либо правил подготовки и выполнения полетов, за исключением случаев, предусмотренных частями 3 - 9 настоящей статьи, если эти действия по неосторожности повлекли причинение легкого вреда здоровью потерпевшего, -
влечет наложение административного штрафа на граждан в размере от одной тысячи пятисот до двух тысяч рублей или лишение права управления воздушным судном на срок от трех до шести месяцев; на должностных лиц - от трех тысяч до четырех тысяч рублей; на юридических лиц - от пятидесяти тысяч до восьмидесяти тысяч рублей.
2. Те же действия, повлекшие по неосторожности причинение средней тяжести вреда здоровью потерпевшего, -
влекут наложение административного штрафа на граждан в размере от двух тысяч до двух тысяч пятисот рублей или лишение права управления воздушным судном на срок до одного года; на должностных лиц - от десяти тысяч до двадцати тысяч рублей; на юридических лиц - от восьмидесяти тысяч до ста тысяч рублей.
3. Взлет на воздушном судне при наличии неисправностей, с которыми запрещено начинать выполнение полета без разрешения уполномоченного органа, либо с нарушением норм пассажировместимости (грузовместимости) или ограничений по полетной массе или центровке воздушного судна -
влечет наложение административного штрафа на командира воздушного судна в размере от двух тысяч до двух тысяч пятисот рублей или лишение права управления воздушным судном на срок до одного года.
4. Управление воздушным судном лицом, не имеющим права управления им, -
влечет наложение административного штрафа в размере от двух тысяч до двух тысяч пятисот рублей.
5. Управление воздушным судном, не прошедшим государственной регистрации, либо не поставленным на государственный учет, либо не имеющим государственного и регистрационного опознавательных знаков или учетного опознавательного знака, либо имеющим заведомо подложные государственный и регистрационный опознавательные знаки или заведомо подложный учетный опознавательный знак, -
влечет наложение административного штрафа на командира воздушного судна в размере от двух тысяч до двух тысяч пятисот рублей или лишение права управления воздушным судном на срок до одного года.
6. Управление воздушным судном, на котором отсутствует судовая и полетная документация, предусмотренная законодательством Российской Федерации, либо управление воздушным судном членом летного экипажа, не имеющим при себе документов на право управления данным типом воздушного судна, -
влечет наложение административного штрафа в размере от одной тысячи до двух тысяч рублей.
7. Управление воздушным судном лицом, находящимся в состоянии опьянения, либо уклонение лица, управляющего воздушным судном, от прохождения в установленном порядке медицинского освидетельствования на состояние опьянения, либо передача управления воздушным судном лицу, находящемуся в состоянии опьянения, -
влечет лишение права управления воздушным судном на срок от двух до трех лет.
8. Допуск к полету воздушного судна, которое не прошло государственной регистрации, либо которое не поставлено на государственный учет, либо которое не имеет государственного и регистрационного опознавательных знаков или учетного опознавательного знака, либо которое имеет заведомо подложные государственный и регистрационный опознавательные знаки или заведомо подложный учетный опознавательный знак, либо на котором отсутствует судовая и полетная документация, предусмотренная законодательством Российской Федерации, либо на котором не укомплектован летный или кабинный экипаж, либо которое имеет неисправности, с которыми запрещена его эксплуатация без разрешения, выдаваемого уполномоченным органом, либо на котором нарушены нормы пассажировместимости (грузовместимости) или ограничения по полетной массе или центровке воздушного судна, а равно допуск к управлению воздушным судном или его обслуживанию лица, не имеющего на то права или находящегося в состоянии опьянения, либо обслуживание воздушного судна лицом, не имеющим на то права или находящимся в состоянии опьянения, -
влечет наложение административного штрафа на граждан в размере от трех тысяч до пяти тысяч рублей; на должностных лиц - от десяти тысяч до пятнадцати тысяч рублей.
9. Выполнение полетов воздушными судами, на борту которых отсутствуют поисковые и аварийно-спасательные средства, предусмотренные законодательством Российской Федерации, -
влечет наложение административного штрафа на граждан в размере от одной тысячи пятисот до двух тысяч рублей; на должностных лиц - от трех тысяч до четырех тысяч рублей; на юридических лиц - от тридцати тысяч до сорока тысяч рублей.
Примечания:
1. Под причинением легкого вреда здоровью следует понимать кратковременное расстройство здоровья или незначительную стойкую утрату общей трудоспособности.
2. Под причинением средней тяжести вреда здоровью следует понимать неопасное для жизни длительное расстройство здоровья или значительную стойкую утрату общей трудоспособности менее чем на одну треть.
Статья 11.6. Действия, угрожающие безопасности движения на водном транспорте
1. Нарушение порядка установки и устройства запаней и лесных гаваней, устройство заколов и иных приспособлений для добычи (вылова) водных биологических ресурсов в не установленных для этой цели местах без согласования в установленном порядке с администрацией районов водных путей и гидросооружений, а равно проведение без надлежащего разрешения водолазных работ в портовых водах или несоблюдение правил подачи сигналов во время проведения этих работ - (в ред. Федерального закона от 03.12.2008 N 250-ФЗ)
влечет наложение административного штрафа на граждан в размере от трехсот до пятисот рублей; на должностных лиц - от пятисот до одной тысячи рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
2. Уничтожение или повреждение сооружений и устройств связи и сигнализации на судах морского транспорта, внутреннего водного транспорта, плавучих и береговых средств навигационного оборудования или технических средств и знаков судоходной и навигационной обстановки, средств связи и сигнализации, а равно повреждение портовых и гидротехнических сооружений, срыв или установка без надлежащего разрешения (согласования) знаков, сооружений, источников звуковых и световых сигналов, создающих помехи в опознании навигационных знаков и сигналов, -
влечет наложение административного штрафа на граждан в размере от пятисот до одной тысячи рублей; на должностных лиц - от одной тысячи до двух тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
3. Нарушение правил содержания и установленного режима эксплуатации навигационного оборудования на мостах, плотинах и других гидротехнических сооружениях -
влечет наложение административного штрафа на должностных лиц в размере от пятисот до одной тысячи рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 11.7. Нарушение правил плавания
1. Нарушение судоводителем или иным лицом, управляющим судном (за исключением маломерного) на морском, внутреннем водном транспорте, правил плавания и стоянки судов, входа судов в порт и выхода их из порта, за исключением случаев, предусмотренных частью 3 настоящей статьи, буксировки составов и плотов, подачи звуковых и световых сигналов, несения судовых огней и знаков - (в ред. Федерального закона от 31.01.2012 N 2-ФЗ)
влечет наложение административного штрафа в размере от пятисот до одной тысячи рублей или лишение права управления судном на срок до одного года. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
2. Превышение судоводителем или иным лицом, управляющим маломерным судном, установленной скорости, несоблюдение требований навигационных знаков, преднамеренная остановка или стоянка судна в запрещенных местах либо нарушение правил маневрирования, подачи звуковых сигналов, несения бортовых огней и знаков -
влечет предупреждение, или наложение административного штрафа в размере от трехсот до пятисот рублей, или лишение права управления маломерным судном на срок до шести месяцев. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
3. Осуществление капитаном судна плавания без лоцмана в районах обязательной лоцманской проводки судов, за исключением случаев, если судно относится к категории судов, освобождаемых от обязательной лоцманской проводки, или капитану судна предоставлено право осуществлять плавание без лоцмана капитаном морского порта в установленном порядке, -
влечет наложение административного штрафа в размере от двух тысяч до двух тысяч пятисот рублей или лишение права управления судном на срок до трех месяцев. (часть 3 введена Федеральным законом от 31.01.2012 N 2-ФЗ)
4. Необъявление или неправильное объявление капитаном судна лоцману данных об осадке, о длине, ширине и вместимости судна и иных данных о судне, которые необходимы лоцману для осуществления лоцманской проводки судна, -
влечет наложение административного штрафа в размере от пятисот до одной тысячи рублей. (часть 4 введена Федеральным законом от 31.01.2012 N 2-ФЗ)
Примечание. Под маломерным судном в настоящем Кодексе следует понимать самоходное судно валовой вместимостью менее 80 регистровых тонн с главным двигателем мощностью менее 55 киловатт (75 лошадиных сил) или с подвесным мотором (подвесными моторами) независимо от мощности, парусное несамоходное судно валовой вместимостью менее 80 регистровых тонн, иное несамоходное судно (гребную лодку грузоподъемностью 100 и более килограммов, байдарку грузоподъемностью 150 и более килограммов и надувное судно грузоподъемностью 225 и более килограммов), прогулочное судно пассажировместимостью не более 12 человек независимо от мощности главного двигателя (главных двигателей) и от валовой вместимости, а также водный мотоцикл (гидроцикл). (примечание в ред. Федерального закона от 07.05.2007 N 66-ФЗ)
Статья 11.8. Нарушение правил эксплуатации судов, а также управление судном лицом, не имеющим права управления
1. Управление судном (в том числе маломерным), не зарегистрированным в установленном порядке, либо не прошедшим технического осмотра (освидетельствования), либо не несущим бортовых номеров или обозначений, либо переоборудованным без соответствующего разрешения, а равно имеющим неисправности, с которыми запрещена его эксплуатация, или с нарушением норм пассажировместимости, ограничений по району и условиям плавания -
влечет наложение административного штрафа в размере от пятисот до одной тысячи рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
2. Управление судном лицом, не имеющим права управления этим судном, или передача управления судном лицу, не имеющему права управления, -
влечет наложение административного штрафа в размере от одной тысячи до одной тысячи пятисот рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 11.8.1. Управление маломерным судном судоводителем, не имеющим при себе документов, необходимых для допуска к управлению маломерным судном
(введена Федеральным законом от 29.06.2009 N 134-ФЗ)
1. Управление маломерным судном судоводителем, не имеющим при себе удостоверения на право управления маломерным судном, судового билета маломерного судна или его копии, заверенной в установленном порядке, а равно документов, подтверждающих право владения, пользования или распоряжения управляемым им судном в отсутствие владельца, -
влечет предупреждение или наложение административного штрафа в размере ста рублей.
2. Передача управления маломерным судном лицу, не имеющему при себе удостоверения на право управления маломерным судном, -
влечет предупреждение или наложение административного штрафа в размере ста рублей.
Статья 11.9. Управление судном судоводителем или иным лицом, находящимися в состоянии опьянения
1. Управление судном (в том числе маломерным) судоводителем или иным лицом, находящимися в состоянии опьянения, а равно передача управления судном лицу, находящемуся в состоянии опьянения, -
влечет наложение административного штрафа в размере от одной тысячи пятисот до двух тысяч рублей или лишение права управления судном на срок от одного года до двух лет. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
2. Уклонение судоводителя или иного лица, управляющего судном, от прохождения в соответствии с установленным порядком медицинского освидетельствования на состояние опьянения -
влечет наложение административного штрафа в размере от одной тысячи до одной тысячи пятисот рублей или лишение права управления судном на срок от одного года до двух лет. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 11.10. Нарушение правил обеспечения безопасности пассажиров на судах водного транспорта, а также на маломерных судах
Нарушение правил обеспечения безопасности пассажиров при посадке на суда, в пути следования и при их высадке с судов водного транспорта либо с маломерных судов -
влечет наложение административного штрафа на граждан в размере от трехсот до пятисот рублей; на должностных лиц - от пятисот до одной тысячи рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 11.11. Нарушение правил погрузки и разгрузки судов
Нарушение правил погрузки и разгрузки судов, в том числе маломерных, - (в ред. Федерального закона от 29.04.2006 N 57-ФЗ)
влечет наложение административного штрафа на граждан в размере от трехсот до пятисот рублей; на должностных лиц - от пятисот до одной тысячи рублей; на юридических лиц - от пяти тысяч до десяти тысяч рублей. (в ред. Федеральных законов от 29.04.2006 N 57-ФЗ, от 22.06.2007 N 116-ФЗ)
Статья 11.12. Нарушение правил пользования базами (сооружениями) для стоянок маломерных судов
Эксплуатация баз (сооружений) для стоянок маломерных судов без разрешения органов государственной инспекции по маломерным судам либо нарушение норм базирования маломерных судов, условий и технических требований безопасной эксплуатации баз (сооружений), а равно содержание на указанных базах (сооружениях) не зарегистрированных в установленном порядке маломерных судов -
влечет наложение административного штрафа на должностных лиц, ответственных за эксплуатацию баз (сооружений) для стоянок маломерных судов, в размере от пятисот до одной тысячи рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 11.13. Нарушение правил выпуска судна в плавание или допуск к управлению судном лиц, не имеющих соответствующего диплома (свидетельства, удостоверения) либо находящихся в состоянии опьянения
1. Выпуск (направление) в плавание судна (за исключением маломерного) лицом, ответственным за его эксплуатацию, без документов, удостоверяющих принадлежность судна, годность его к плаванию, либо с неукомплектованным экипажем, либо при несоответствии технического состояния судна имеющимся документам, либо с нарушением установленных правил загрузки, норм пассажировместимости, ограничений по району и условиям плавания, а равно допуск к управлению судном или к его механизмам и оборудованию лиц, не имеющих соответствующего диплома (свидетельства, удостоверения) либо находящихся в состоянии опьянения, -
влечет наложение административного штрафа в размере от одной тысячи до двух тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
2. Выпуск в плавание маломерного судна, не зарегистрированного в установленном порядке, или не прошедшего технического осмотра (освидетельствования), или имеющего неисправности, с которыми запрещена его эксплуатация, или не укомплектованного снаряжением, или переоборудованного без соответствующего разрешения, а равно допуск к управлению маломерным судном лиц, не имеющих права управления этим судном либо находящихся в состоянии опьянения, -
влечет наложение административного штрафа на должностных лиц, ответственных за эксплуатацию маломерных судов, в размере от пятисот до одной тысячи рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 11.14. Нарушение правил перевозки опасных веществ, крупногабаритных или тяжеловесных грузов
1. Нарушение правил перевозки опасных веществ, крупногабаритных или тяжеловесных грузов на воздушном транспорте -
влечет наложение административного штрафа на граждан в размере от пятисот до одной тысячи рублей; на должностных лиц - от одной тысячи до двух тысяч рублей; на юридических лиц - от десяти тысяч до двадцати тысяч рублей. (в ред. Федеральных законов от 29.04.2006 N 57-ФЗ, от 22.06.2007 N 116-ФЗ)
2. Нарушение правил перевозки опасных веществ, крупногабаритных или тяжеловесных грузов на морском и внутреннем водном транспорте -
влечет наложение административного штрафа на граждан в размере от трехсот до пятисот рублей; на должностных лиц - от пятисот до одной тысячи рублей; на юридических лиц - от пяти тысяч до десяти тысяч рублей. (в ред. Федеральных законов от 29.04.2006 N 57-ФЗ, от 22.06.2007 N 116-ФЗ)
3. Нарушение правил перевозки опасных веществ, крупногабаритных или тяжеловесных грузов на железнодорожном транспорте -
влечет наложение административного штрафа на граждан в размере от ста до трехсот рублей; на должностных лиц - от трехсот до пятисот рублей; на юридических лиц - от трех тысяч до пяти тысяч рублей. (в ред. Федеральных законов от 29.04.2006 N 57-ФЗ, от 22.06.2007 N 116-ФЗ)
Статья 11.14.1. Нарушение правил перевозок пассажиров и багажа легковым такси
(введена Федеральным законом от 21.04.2011 N 69-ФЗ)
1. Отсутствие в салоне легкового такси информации, предусмотренной Правилами перевозок пассажиров и багажа автомобильным транспортом и городским наземным электрическим транспортом, -
влечет наложение административного штрафа на водителя в размере одной тысячи рублей; на должностных лиц - десяти тысяч рублей; на юридических лиц - тридцати тысяч рублей.
2. Невыдача пассажиру кассового чека или квитанции в форме бланка строгой отчетности, предусмотренных Правилами перевозок пассажиров и багажа автомобильным транспортом и городским наземным электрическим транспортом и подтверждающих оплату пользования легковым такси, -
влечет наложение административного штрафа на водителя в размере одной тысячи рублей; на должностных лиц - десяти тысяч рублей; на юридических лиц - тридцати тысяч рублей.
3. Отсутствие на транспортном средстве, используемом для оказания услуг по перевозке пассажиров и багажа, цветографической схемы легкового такси и (или) опознавательного фонаря на крыше указанного транспортного средства -
влечет наложение административного штрафа на водителя в размере трех тысяч рублей; на должностных лиц - десяти тысяч рублей; на юридических лиц - пятидесяти тысяч рублей.
Статья 11.14.2. Нарушение правил перевозок пассажиров и багажа по заказу
(введена Федеральным законом от 21.04.2011 N 69-ФЗ)
1. Отказ водителя предъявить договор фрахтования или его копию либо заказ-наряд на предоставление транспортного средства для перевозки пассажиров и багажа по заказу, если договор фрахтования заключен в форме заказа-наряда, должностным лицам, уполномоченным на осуществление контроля за наличием у водителей указанных документов, -
влечет наложение административного штрафа на водителя в размере пяти тысяч рублей.
2. Перевозка пассажиров и багажа по заказу без заключения в письменной форме договора фрахтования транспортного средства -
влечет наложение административного штрафа на водителя в размере пяти тысяч рублей; на должностных лиц - пятидесяти тысяч рублей; на юридических лиц - двухсот тысяч рублей.
3. Взимание платы с пассажиров при перевозке по заказу неопределенного круга лиц -
влечет наложение административного штрафа на водителя в размере пяти тысяч рублей; на должностных лиц - пятидесяти тысяч рублей; на юридических лиц - двухсот тысяч рублей.
4. Посадка пассажиров в транспортное средство, предоставленное для перевозки пассажиров и багажа по заказу, без предъявления пассажирами документов, удостоверяющих их право на проезд в этом транспортном средстве, или при отсутствии списка пассажиров в случаях, когда предъявление указанных документов или наличие указанного списка пассажиров является обязательным, -
влечет наложение административного штрафа на водителя в размере пяти тысяч рублей; на должностных лиц - пятидесяти тысяч рублей; на юридических лиц - двухсот тысяч рублей.
Статья 11.15. Повреждение имущества на транспортных средствах общего пользования, грузовых вагонов или иного предназначенного для перевозки и хранения грузов на транспорте оборудования
1. Повреждение имущества на транспортных средствах общего пользования, если причиненный имущественный ущерб не превышает сто рублей, а равно повреждение грузовых вагонов, плавучих и других транспортных средств, контейнеров или иного оборудования, предназначенных для перевозки и хранения грузов на транспорте, - (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
влечет наложение административного штрафа в размере от одной тысячи до одной тысячи пятисот
рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
2. Повреждение пломб или запорных устройств грузовых вагонов, автомобилей и автомобильных прицепов, контейнеров, трюмов, грузовых отсеков и других грузовых помещений плавучих средств и воздушных судов, повреждение отдельных грузовых мест или их упаковки, пакетов, а равно ограждений на пассажирских платформах, нанесение ущерба помещениям железнодорожных станций и вокзалов либо повреждение ограждений грузовых дворов (терминалов) железнодорожных станций, грузовых автомобильных станций, контейнерных пунктов (площадок), портов (пристаней, посадочных площадок), шлюзов и складов, используемых для выполнения операций по перевозке грузов, -
влечет наложение административного штрафа в размере от одной тысячи до одной тысячи пятисот рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 11.15.1. Неисполнение требований по обеспечению транспортной безопасности
(введена Федеральным законом от 27.07.2010 N 195-ФЗ)
1. Неисполнение требований по обеспечению транспортной безопасности объектов транспортной инфраструктуры и транспортных средств -
влечет наложение административного штрафа на граждан в размере от трех тысяч до пяти тысяч рублей; на должностных лиц - от двадцати тысяч до тридцати тысяч рублей; на юридических лиц - от тридцати тысяч до пятидесяти тысяч рублей.
2. Повторное совершение административного правонарушения, предусмотренного частью 1 настоящей статьи, -
влечет наложение административного штрафа на граждан в размере пяти тысяч рублей; на должностных лиц - от тридцати тысяч до сорока тысяч рублей; на индивидуальных предпринимателей - от тридцати тысяч до сорока тысяч рублей либо административное приостановление деятельности на срок до девяноста суток; на юридических лиц - от пятидесяти тысяч до шестидесяти тысяч рублей либо административное приостановление деятельности на срок до девяноста суток.
Статья 11.16. Нарушение требований пожарной безопасности на железнодорожном, морском, внутреннем водном или воздушном транспорте (в ред. Федерального закона от 09.11.2009 N 247-ФЗ)
Нарушение установленных на железнодорожном, морском, внутреннем водном или воздушном транспорте требований пожарной безопасности - (в ред. Федерального закона от 09.11.2009 N 247-ФЗ)
влечет наложение административного штрафа на граждан в размере от одной тысячи пятисот до двух тысяч рублей; на должностных лиц - от четырех тысяч до пяти тысяч рублей. (в ред. Федерального закона от 03.06.2011 N 120-ФЗ)
Статья 11.17. Нарушение правил поведения граждан на железнодорожном, воздушном или водном транспорте
1. Посадка или высадка граждан на ходу поезда либо проезд на подножках, крышах вагонов или в других не приспособленных для проезда пассажиров местах, а равно самовольная без надобности остановка поезда либо самовольный проезд в грузовом поезде -
влечет наложение административного штрафа в размере ста рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
2. Выбрасывание мусора или иных предметов на железнодорожные пути и платформы либо за борт судна морского или внутреннего водного транспорта -
влечет предупреждение или наложение административного штрафа в размере ста рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
3. Курение в вагонах (в том числе в тамбурах) пригородного поезда, в не установленных для курения местах в поезде местного или дальнего сообщения, либо на судне морского или внутреннего водного транспорта, либо на воздушном судне при продолжительности полета менее трех часов - (в ред. Федерального закона от 28.12.2009 N 380-ФЗ)
влечет предупреждение или наложение административного штрафа в размере ста рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
4. Нарушение правил фотографирования, видео- и киносъемки либо пользования средствами радиосвязи с борта воздушного судна -
влечет предупреждение или наложение административного штрафа в размере ста рублей с конфискацией пленки. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
5. Невыполнение лицами, находящимися на судне морского или внутреннего водного транспорта, законных распоряжений капитана судна - (в ред. Федерального закона от 21.12.2009 N 336-ФЗ)
влечет наложение административного штрафа в размере от двух тысяч до пяти тысяч рублей. (в ред. Федеральных законов от 22.06.2007 N 116-ФЗ, от 21.12.2009 N 336-ФЗ)
6. Невыполнение лицами, находящимися на борту воздушного судна, законных распоряжений командира воздушного судна -
влечет наложение административного штрафа в размере от двух тысяч до пяти тысяч рублей или административный арест на срок до пятнадцати суток. (часть шестая введена Федеральным законом от 21.12.2009 N 336-ФЗ)
Статья 11.18. Безбилетный проезд
1. Безбилетный проезд:
1) в пригородном поезде -
влечет наложение административного штрафа в размере ста рублей; (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
2) в поезде местного и дальнего сообщения -
влечет наложение административного штрафа в размере двухсот рублей; (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
3) на судне морского транспорта пригородных линий или на судне внутреннего водного транспорта пригородного сообщения -
влечет наложение административного штрафа в размере ста рублей; (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
4) на судне морского транспорта дальних (транзитных) линий или на судне внутреннего водного транспорта дальних (транзитных) линий -
влечет наложение административного штрафа в размере ста рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
2. Безбилетный полет на судне воздушного транспорта -
влечет наложение административного штрафа в размере двухсот рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
3. Безбилетный проезд в автобусе междугородного сообщения -
влечет наложение административного штрафа в размере ста рублей.
(в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
4. Провоз без билета детей, проезд которых подлежит частичной оплате, -
влечет наложение административного штрафа в размере половины штрафа, налагаемого на взрослых пассажиров за безбилетный проезд на транспорте соответствующего вида.
Статья 11.19. Нарушение правил провоза ручной клади, багажа и грузобагажа
1. Провоз ручной клади сверх установленных норм без оплаты на воздушном, морском, внутреннем водном или железнодорожном транспорте -
влечет наложение административного штрафа в размере ста рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
2. Провоз багажа без оплаты в автобусе междугородного сообщения -
влечет наложение административного штрафа в размере ста рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
3. Провоз в ручной клади, багаже или грузобагаже веществ и предметов, запрещенных к перевозке, а равно сдача опасных веществ на хранение в железнодорожные камеры хранения -
влечет наложение административного штрафа в размере от ста до трехсот рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
4. Провоз без оплаты домашних животных и птиц -
влечет наложение административного штрафа в размере ста рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 11.20. Нарушение правил безопасности при строительстве, эксплуатации или ремонте магистральных трубопроводов
Нарушение правил безопасности при строительстве, эксплуатации или ремонте магистральных трубопроводов, а равно пуск их в эксплуатацию с техническими неисправностями -
влечет наложение административного штрафа на граждан в размере от ста до трехсот рублей; на должностных лиц - от трехсот до пятисот рублей; на лиц, осуществляющих предпринимательскую деятельность без образования юридического лица, - от трехсот до пятисот рублей или административное приостановление деятельности на срок до девяноста суток; на юридических лиц - от трех тысяч до пяти тысяч рублей или административное приостановление деятельности на срок до девяноста суток. (в ред. Федеральных законов от 09.05.2005 N 45-ФЗ, от 22.06.2007 N 116-ФЗ)
Статья 11.21. Нарушение правил использования полосы отвода и придорожных полос автомобильной дороги
(в ред. Федерального закона от 24.07.2007 N 210-ФЗ)
1. Загрязнение полос отвода и придорожных полос автомобильных дорог, распашка земельных участков, покос травы, осуществление рубок и повреждение лесных насаждений и иных многолетних насаждений, снятие дерна и выемка грунта, за исключением работ по содержанию полос отвода автомобильных дорог или по ремонту автомобильных дорог, их участков, выпас животных, а также их прогон через автомобильные дороги вне специально установленных мест, согласованных с владельцами автомобильных дорог, - (в ред. Федерального закона от 08.11.2007 N 257-ФЗ)
влечет предупреждение или наложение административного штрафа в размере до трехсот рублей.
2. Использование водоотводных сооружений автомобильной дороги для стока или сброса вод; выполнение в границах полосы отвода автомобильной дороги, в том числе на проезжей части автомобильной дороги, работ, связанных с применением горючих веществ, а также веществ, которые могут оказать воздействие на уменьшение сцепления колес транспортных средств с дорожным покрытием; выполнение в границах полосы отвода автомобильной дороги работ, не связанных со строительством, с
реконструкцией, капитальным ремонтом, ремонтом и содержанием автомобильной дороги, размещением объектов дорожного сервиса; размещение в границах полосы отвода автомобильной дороги зданий, строений, сооружений и других объектов, не предназначенных для обслуживания автомобильной дороги, строительства, реконструкции, капитального ремонта, ремонта и содержания автомобильной дороги и не относящихся к объектам дорожного сервиса; установка в границах полосы отвода автомобильной дороги рекламных конструкций, не соответствующих требованиям технических регламентов и (или) нормативным правовым актам Российской Федерации о безопасности дорожного движения, информационных щитов и указателей, не имеющих отношения к обеспечению безопасности дорожного движения или осуществлению дорожной деятельности, прокладка или переустройство инженерных коммуникаций в границах полосы отвода автомобильной дороги без заключения или с нарушением договора с владельцем автомобильной дороги; строительство, реконструкция, капитальный ремонт, ремонт пересечений автомобильных дорог с другими автомобильными дорогами и примыканий автомобильных дорог к другим автомобильным дорогам, реконструкция, капитальный ремонт и ремонт примыканий объектов дорожного сервиса к автомобильным дорогам, прокладка или переустройство инженерных коммуникаций в границах придорожных полос автомобильной дороги, строительство, реконструкция объектов капитального строительства, объектов, предназначенных для осуществления дорожной деятельности, объектов дорожного сервиса, установка рекламных конструкций, информационных щитов и указателей в границах придорожных полос автомобильной дороги без согласования с владельцем автомобильной дороги - (в ред. Федерального закона от 08.11.2007 N 257-ФЗ)
влечет наложение административного штрафа на граждан в размере от одной тысячи до одной тысячи пятисот рублей; на должностных лиц - от трех тысяч до пяти тысяч рублей; на юридических лиц - от пятидесяти тысяч до восьмидесяти тысяч рублей.
Статья 11.22. Нарушение землепользователями правил охраны автомобильных дорог или дорожных сооружений
Неисполнение землепользователями участков, прилегающих к полосам отвода автомобильных дорог, в пределах населенных пунктов на дорогах федерального значения обязанностей по устройству, ремонту или регулярной очистке пешеходных дорожек или переходных мостиков в границах закрепленных за ними участков либо обязанностей по содержанию в технически исправном состоянии и чистоте выездов с закрепленных участков или с подъездных путей на автомобильную дорогу общего пользования, включая переездные мостики, -
влечет наложение административного штрафа на граждан в размере от ста до трехсот рублей; на должностных лиц - от трехсот до пятисот рублей; на юридических лиц - от трех тысяч до пяти тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 11.23. Нарушение водителем транспортного средства, осуществляющим международную автомобильную перевозку, режима труда и отдыха
1. Управление грузовым автотранспортным средством или автобусом при осуществлении международной автомобильной перевозки без контрольного устройства (тахографа) или с выключенным тахографом, а равно с незаполненными тахограммами либо без ведения регистрационных листков, отражающих режим труда и отдыха водителей, -
влечет наложение административного штрафа в размере до двух тысяч пятисот рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
2. Нарушение установленного режима труда и отдыха водителем грузового автотранспортного средства или автобуса, осуществляющим международную автомобильную перевозку, -
влечет наложение административного штрафа в размере от пятисот до одной тысячи рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 11.24. Организация транспортного обслуживания населения без создания условий доступности для инвалидов
Нарушение руководителем организации или иным должностным лицом, ответственным за организацию системы транспортного обслуживания населения и эксплуатацию транспортных средств, требований законодательства, предусматривающих включение в систему транспортного обслуживания населения транспортных средств, доступных для инвалидов, -
влечет наложение административного штрафа в размере от двух тысяч до трех тысяч рублей.
(в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 11.25. Утратила силу. - Федеральный закон от 24.07.2007 N 210-ФЗ.
Статья 11.26. Незаконное использование зарегистрированных в других государствах автотранспортных средств для перевозок грузов и (или) пассажиров
1. Использование транспортных средств, принадлежащих иностранным перевозчикам, для перевозок грузов и (или) пассажиров между пунктами, расположенными на территории Российской Федерации, -
влечет наложение административного штрафа на водителя в размере от одной тысячи до одной тысячи пятисот рублей; на должностных лиц грузоотправителей, грузополучателей, посредников - от двух тысяч до трех тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
2. Осуществление без соответствующего разрешения международной автомобильной перевозки грузов и (или) пассажиров на зарегистрированных в другом государстве грузовом автотранспортном средстве или автобусе с территории Российской Федерации на территорию иностранного государства либо на территорию Российской Федерации с территории иностранного государства, в котором указанное автотранспортное средство не зарегистрировано, -
влечет наложение административного штрафа на водителя в размере от одной тысячи пятисот до двух тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 11.27. Управление транспортным средством без отличительного на нем и (или) прицепах к нему знака государства регистрации транспортного средства (прицепа) и нарушение других правил эксплуатации транспортного средства при осуществлении международной автомобильной перевозки
Управление транспортным средством без отличительного на нем и (или) прицепах к нему знака государства регистрации транспортного средства (прицепа) при осуществлении международной автомобильной перевозки, а равно без соответствующего транспортного документа на перевозимый груз или в установленных случаях без списков пассажиров автобуса, осуществляющего нерегулярную перевозку, -
влечет наложение административного штрафа на водителя в размере от двухсот до пятисот рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 11.28. Утратила силу. - Федеральный закон от 24.07.2007 N 210-ФЗ.
Статья 11.29. Осуществление международных автомобильных перевозок без разрешений
Осуществление водителями транспортных средств, принадлежащих иностранным перевозчикам, международных автомобильных перевозок без разрешений, если такие разрешения обязательны, -
влечет наложение административного штрафа в размере от одной тысячи до одной тысячи пятисот рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 11.30. Умышленное сокрытие авиационного происшествия или инцидента
(введена Федеральным законом от 21.12.2009 N 336-ФЗ)
Умышленное сокрытие авиационного происшествия, инцидента или сведений о них, либо искажение информации, либо повреждение или уничтожение бортовых или наземных средств объективного контроля или других связанных с авиационным происшествием или инцидентом доказательственных материалов -
влечет наложение административного штрафа на граждан в размере от двух тысяч до пяти тысяч рублей; на должностных лиц - от четырех тысяч до десяти тысяч рублей; на юридических лиц - от двадцати тысяч до пятидесяти тысяч рублей.
Глава 12. АДМИНИСТРАТИВНЫЕ ПРАВОНАРУШЕНИЯ В ОБЛАСТИ ДОРОЖНОГО ДВИЖЕНИЯ
Статья 12.1. Управление транспортным средством, не зарегистрированным в установленном порядке, транспортным средством, не прошедшим государственного технического осмотра или технического осмотра (в ред. Федерального закона от 01.07.2011 N 170-ФЗ)
(в ред. Федерального закона от 24.07.2007 N 210-ФЗ)
1. Управление транспортным средством, не зарегистрированным в установленном порядке, -
влечет наложение административного штрафа в размере от трехсот до восьмисот рублей. (в ред. Федерального закона от 05.04.2010 N 47-ФЗ)
2. Управление легковым такси, автобусом или грузовым автомобилем, предназначенным и оборудованным для перевозок людей, с числом мест для сидения более чем восемь (кроме места для водителя), специализированным транспортным средством, предназначенным и оборудованным для перевозок опасных грузов, которые не прошли государственный технический осмотр или технический осмотр, -
влечет наложение административного штрафа в размере от пятисот до восьмисот рублей. (часть 2 в ред. Федерального закона от 01.07.2011 N 170-ФЗ)
Примечания:
1. Под транспортным средством в настоящей статье следует понимать автомототранспортное средство с рабочим объемом двигателя более 50 кубических сантиметров и максимальной конструктивной скоростью более 50 километров в час, а также прицепы к нему, подлежащие государственной регистрации, а в других статьях настоящей главы также трактора, другие самоходные дорожно-строительные и иные машины, трамваи, троллейбусы.
2. Утратил силу с 1 января 2012 года. - Федеральный закон от 01.07.2011 N 170-ФЗ.
Статья 12.2. Управление транспортным средством с нарушением правил установки на нем государственных регистрационных знаков
1. Управление транспортным средством с нечитаемыми, нестандартными или установленными с нарушением требований государственного стандарта государственными регистрационными знаками, за исключением случаев, предусмотренных частью 2 настоящей статьи, - (в ред. Федерального закона от 23.07.2010 N 175-ФЗ)
влечет предупреждение или наложение административного штрафа в размере пятисот рублей. (в ред. Федеральных законов от 22.06.2007 N 116-ФЗ, от 23.07.2010 N 175-ФЗ)
2. Управление транспортным средством без государственных регистрационных знаков, а равно управление транспортным средством без установленных на предусмотренных для этого местах государственных регистрационных знаков либо управление транспортным средством с государственными регистрационными знаками, оборудованными с применением материалов, препятствующих или затрудняющих их идентификацию, - (в ред. Федерального закона от 23.07.2010 N 175-ФЗ)
влечет наложение административного штрафа в размере пяти тысяч рублей или лишение права управления транспортными средствами на срок от одного до трех месяцев. (в ред. Федеральных законов от 22.07.2005 N 120-ФЗ, от 22.06.2007 N 116-ФЗ, от 24.07.2007 N 210-ФЗ)
3. Установка на транспортном средстве заведомо подложных государственных регистрационных знаков -
влечет наложение административного штрафа на граждан в размере двух тысяч пятисот рублей; на должностных лиц, ответственных за эксплуатацию транспортных средств, - от пятнадцати тысяч до двадцати тысяч рублей; на юридических лиц - от четырехсот тысяч до пятисот тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ) (часть третья в ред. Федерального закона от 22.07.2005 N 120-ФЗ)
4. Управление транспортным средством с заведомо подложными государственными
регистрационными знаками -
влечет лишение права управления транспортными средствами на срок от шести месяцев до одного года. (часть четвертая введена Федеральным законом от 22.07.2005 N 120-ФЗ)
Примечание. Государственный регистрационный знак признается нестандартным, если он не соответствует требованиям, установленным в соответствии с законодательством о техническом регулировании, и нечитаемым, если с расстояния 20 метров не обеспечивается прочтение в темное время суток хотя бы одной из букв или цифр заднего государственного регистрационного знака, а в светлое время суток хотя бы одной из букв или цифр переднего или заднего государственного регистрационного знака. (примечание в ред. Федерального закона от 24.07.2007 N 210-ФЗ)
Статья 12.3. Управление транспортным средством водителем, не имеющим при себе документов, предусмотренных Правилами дорожного движения, а также разрешения на осуществление деятельности по перевозке пассажиров и багажа легковым такси (в ред. Федерального закона от 21.04.2011 N 69-ФЗ)
1. Управление транспортным средством водителем, не имеющим при себе документов на право управления им, регистрационных документов на транспортное средство, а равно документов, подтверждающих право владения, пользования или распоряжения управляемым им транспортным средством в отсутствие его владельца, - (в ред. Федеральных законов от 25.04.2002 N 41-ФЗ, от 24.07.2007 N 210-ФЗ)
влечет предупреждение или наложение административного штрафа в размере ста рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
2. Управление транспортным средством водителем, не имеющим при себе страхового полиса обязательного страхования гражданской ответственности владельцев транспортного средства, за исключением случая, предусмотренного частью 2 статьи 12.37 настоящего Кодекса, а в случаях, предусмотренных законодательством, лицензионной карточки, путевого листа или товарно-транспортных документов, - (в ред. Федеральных законов от 24.07.2007 N 210-ФЗ, от 01.07.2011 N 170-ФЗ)
влечет предупреждение или наложение административного штрафа в размере ста рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
2.1. Перевозка пассажиров и багажа легковым транспортным средством, используемым для оказания услуг по перевозке пассажиров и багажа, водителем, не имеющим при себе разрешения на осуществление деятельности по перевозке пассажиров и багажа легковым такси, -
влечет наложение административного штрафа на водителя в размере пяти тысяч рублей. (часть 2.1 введена Федеральным законом от 21.04.2011 N 69-ФЗ)
3. Передача управления транспортным средством лицу, не имеющему при себе документов на право управления им, -
влечет предупреждение или наложение административного штрафа в размере ста рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 12.4. Нарушение правил установки на транспортном средстве устройств для подачи специальных световых или звуковых сигналов либо незаконное нанесение специальных цветографических схем автомобилей оперативных служб, цветографической схемы легкового такси или незаконная установка опознавательного фонаря легкового такси (в ред. Федерального закона от 21.04.2011 N 69-ФЗ)
(в ред. Федерального закона от 22.07.2005 N 120-ФЗ)
1. Установка на передней части транспортного средства световых приборов с огнями красного цвета или световозвращающих приспособлений красного цвета, а равно световых приборов, цвет огней и режим работы которых не соответствуют требованиям Основных положений по допуску транспортных средств к эксплуатации и обязанностей должностных лиц по обеспечению безопасности дорожного движения, - (в ред. Федерального закона от 24.07.2007 N 210-ФЗ)
влечет наложение административного штрафа на граждан в размере двух тысяч пятисот рублей с конфискацией указанных приборов и приспособлений; на должностных лиц, ответственных за эксплуатацию транспортных средств, - от пятнадцати тысяч до двадцати тысяч рублей с конфискацией указанных приборов и приспособлений; на юридических лиц - от четырехсот тысяч до пятисот тысяч рублей с конфискацией указанных приборов и приспособлений. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
2. Установка на транспортном средстве без соответствующего разрешения устройств для подачи специальных световых или звуковых сигналов (за исключением охранной сигнализации) или незаконная установка на транспортном средстве опознавательного фонаря легкового такси, - (в ред. Федерального закона от 21.04.2011 N 69-ФЗ)
влечет наложение административного штрафа на граждан в размере двух тысяч пятисот рублей с конфискацией указанных устройств; на должностных лиц, ответственных за эксплуатацию транспортных средств, - двадцати тысяч рублей с конфискацией указанных устройств; на юридических лиц - пятисот тысяч рублей с конфискацией указанных устройств. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
3. Незаконное нанесение на наружные поверхности транспортного средства специальных цветографических схем автомобилей оперативных служб или цветографической схемы легкового такси - (в ред. Федерального закона от 21.04.2011 N 69-ФЗ)
влечет наложение административного штрафа на граждан в размере двух тысяч пятисот рублей; на должностных лиц, ответственных за эксплуатацию транспортных средств, - двадцати тысяч рублей; на юридических лиц - пятисот тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 12.5. Управление транспортным средством при наличии неисправностей или условий, при которых эксплуатация транспортных средств запрещена
1. Управление транспортным средством при наличии неисправностей или условий, при которых в соответствии с Основными положениями по допуску транспортных средств к эксплуатации и обязанностями должностных лиц по обеспечению безопасности дорожного движения эксплуатация транспортного средства запрещена, за исключением неисправностей и условий, указанных в частях 2 - 6 настоящей статьи, - (в ред. Федерального закона от 22.07.2005 N 120-ФЗ)
влечет предупреждение или наложение административного штрафа в размере ста рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
2. Управление транспортным средством с заведомо неисправными тормозной системой (за исключением стояночного тормоза), рулевым управлением или сцепным устройством (в составе поезда) -
влечет наложение административного штрафа в размере от трехсот до пятисот рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
3. Управление транспортным средством, на передней части которого установлены световые приборы с огнями красного цвета или световозвращающие приспособления красного цвета, а равно световые приборы, цвет огней и режим работы которых не соответствуют требованиям Основных положений по допуску транспортных средств к эксплуатации и обязанностей должностных лиц по обеспечению безопасности дорожного движения, - (в ред. Федерального закона от 24.07.2007 N 210-ФЗ)
влечет лишение права управления транспортными средствами на срок от шести месяцев до одного года с конфискацией указанных приборов и приспособлений. (часть 3 введена Федеральным законом от 22.07.2005 N 120-ФЗ)
3.1. Управление транспортным средством, на котором установлены стекла (в том числе покрытые прозрачными цветными пленками), светопропускание которых не соответствует требованиям технического регламента о безопасности колесных транспортных средств, -
влечет наложение административного штрафа в размере пятисот рублей. (часть 3.1 введена Федеральным законом от 23.07.2010 N 175-ФЗ)
4. Управление транспортным средством, на котором без соответствующего разрешения установлены устройства для подачи специальных световых или звуковых сигналов (за исключением охранной сигнализации), -
влечет лишение права управления транспортными средствами на срок от одного года до полутора лет с конфискацией указанных устройств. (часть 4 введена Федеральным законом от 22.07.2005 N 120-ФЗ)
4.1. Управление транспортным средством, на котором незаконно установлен опознавательный фонарь легкового такси, -
влечет наложение административного штрафа на водителя в размере пяти тысяч рублей с конфискацией предмета административного правонарушения. (часть 4.1 введена Федеральным законом от 21.04.2011 N 69-ФЗ)
5. Использование при движении транспортного средства устройств для подачи специальных световых или звуковых сигналов (за исключением охранной сигнализации), установленных без соответствующего разрешения, -
влечет лишение права управления транспортными средствами на срок от полутора до двух лет с конфискацией указанных устройств. (часть 5 введена Федеральным законом от 22.07.2005 N 120-ФЗ)
6. Управление транспортным средством, на наружные поверхности которого незаконно нанесены специальные цветографические схемы автомобилей оперативных служб, -
влечет лишение права управления транспортными средствами на срок от одного года до полутора лет. (часть 6 введена Федеральным законом от 22.07.2005 N 120-ФЗ)
7. Управление транспортным средством, на которое незаконно нанесена цветографическая схема легкового такси, -
влечет наложение административного штрафа на водителя в размере пяти тысяч рублей. (часть 7 введена Федеральным законом от 21.04.2011 N 69-ФЗ)
Статья 12.6. Нарушение правил применения ремней безопасности или мотошлемов
Управление транспортным средством водителем, не пристегнутым ремнем безопасности, перевозка пассажиров, не пристегнутых ремнями безопасности, если конструкцией транспортного средства предусмотрены ремни безопасности, а равно управление мотоциклом либо перевозка на мотоцикле пассажиров без мотошлемов или в незастегнутых мотошлемах -
влечет наложение административного штрафа в размере пятисот рублей. (в ред. Федеральных законов от 22.06.2007 N 116-ФЗ, от 24.07.2007 N 210-ФЗ)
КонсультантПлюс: примечание. О порядке получения права на управление транспортными средствами, а также об основаниях
прекращения его действия см. статьи 25 - 28 Федерального закона от 10.12.1995 N 196-ФЗ.
Статья 12.7. Управление транспортным средством водителем, не имеющим права управления транспортным средством
1. Управление транспортным средством водителем, не имеющим права управления транспортным средством (за исключением учебной езды), -
влечет наложение административного штрафа в размере двух тысяч пятисот рублей. (в ред. Федеральных законов от 21.03.2005 N 21-ФЗ, от 22.06.2007 N 116-ФЗ, от 24.07.2007 N 210-ФЗ)
2. Управление транспортным средством водителем, лишенным права управления транспортным средством, -
влечет административный арест на срок до пятнадцати суток или наложение административного штрафа на лиц, в отношении которых в соответствии с настоящим Кодексом не может применяться административный арест, в размере пяти тысяч рублей. (в ред. Федеральных законов от 21.03.2005 N 21-ФЗ, от 22.06.2007 N 116-ФЗ, от 24.07.2007 N 210-ФЗ)
3. Передача управления транспортным средством лицу, заведомо не имеющему права управления транспортным средством (за исключением учебной езды) или лишенному такого права, -
влечет наложение административного штрафа в размере двух тысяч пятисот рублей. (в ред. Федеральных законов от 22.06.2007 N 116-ФЗ, от 24.07.2007 N 210-ФЗ)
Статья 12.8. Управление транспортным средством водителем, находящимся в состоянии опьянения, передача управления транспортным средством лицу, находящемуся в состоянии опьянения
1. Управление транспортным средством водителем, находящимся в состоянии опьянения, -
влечет лишение права управления транспортными средствами на срок от полутора до двух лет. (в ред. Федерального закона от 28.07.2004 N 93-ФЗ)
2. Передача управления транспортным средством лицу, находящемуся в состоянии опьянения, -
влечет лишение права управления транспортными средствами на срок от полутора до двух лет. (в ред. Федерального закона от 28.07.2004 N 93-ФЗ)
О квалификации действий лиц по части третьей статьи 12.8 настоящего кодекса см. Обзор законодательства и судебной практики Верховного Суда Российской Федерации за второй квартал 2008 года.
3. Управление транспортным средством водителем, находящимся в состоянии опьянения и не имеющим права управления транспортными средствами либо лишенным права управления транспортными средствами, -
влечет административный арест на срок до пятнадцати суток или наложение административного штрафа на лиц, в отношении которых в соответствии с настоящим Кодексом не может применяться административный арест, в размере пяти тысяч рублей. (часть третья введена Федеральным законом от 24.07.2007 N 210-ФЗ)
О квалификации действий лиц по части четвертой статьи 12.8 настоящего кодекса см. Обзор законодательства и судебной практики Верховного Суда Российской Федерации за второй квартал 2008 года.
4. Повторное совершение административного правонарушения, предусмотренного частью 1 или 2 настоящей статьи, -
влечет лишение права управления транспортными средствами на срок три года. (часть четвертая введена Федеральным законом от 24.07.2007 N 210-ФЗ)
Статья 12.9. Превышение установленной скорости движения
1. Превышение установленной скорости движения транспортного средства на величину не менее 10, но не более 20 километров в час - (в ред. Федерального закона от 24.07.2007 N 210-ФЗ)
влечет предупреждение или наложение административного штрафа в размере ста рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
2. Превышение установленной скорости движения транспортного средства на величину более 20, но не более 40 километров в час - (в ред. Федерального закона от 24.07.2007 N 210-ФЗ)
влечет наложение административного штрафа в размере трехсот рублей. (в ред. Федеральных законов от 22.06.2007 N 116-ФЗ, от 24.07.2007 N 210-ФЗ)
3. Превышение установленной скорости движения транспортного средства на величину более 40, но не более 60 километров в час - (в ред. Федерального закона от 24.07.2007 N 210-ФЗ)
влечет наложение административного штрафа в размере от одной тысячи до одной тысячи пятисот рублей. (в ред. Федеральных законов от 22.06.2007 N 116-ФЗ, от 24.07.2007 N 210-ФЗ)
4. Превышение установленной скорости движения транспортного средства на величину более 60 километров в час -
влечет наложение административного штрафа в размере от двух тысяч до двух тысяч пятисот рублей или лишение права управления транспортными средствами на срок от четырех до шести месяцев. (в ред. Федеральных законов от 22.06.2007 N 116-ФЗ, от 24.07.2007 N 210-ФЗ)
Статья 12.10. Нарушение правил движения через железнодорожные пути
1. Пересечение железнодорожного пути вне железнодорожного переезда, выезд на железнодорожный переезд при закрытом или закрывающемся шлагбауме либо при запрещающем сигнале светофора или дежурного по переезду, а равно остановка или стоянка на железнодорожном переезде -
влечет наложение административного штрафа в размере пятисот рублей или лишение права управления транспортными средствами на срок от трех до шести месяцев. (в ред. Федеральных законов от 29.04.2006 N 57-ФЗ, от 22.06.2007 N 116-ФЗ)
2. Нарушение правил проезда через железнодорожные переезды, за исключением случаев, предусмотренных частью 1 настоящей статьи, -
влечет наложение административного штрафа в размере ста рублей. (в ред. Федеральных законов от 29.04.2006 N 57-ФЗ, от 22.06.2007 N 116-ФЗ)
3. Повторное совершение административного правонарушения, предусмотренного частью 1 настоящей статьи, -
влечет лишение права управления транспортными средствами на срок один год. (часть третья введена Федеральным законом от 24.07.2007 N 210-ФЗ)
Статья 12.11. Нарушение правил движения по автомагистрали
1. Движение по автомагистрали на транспортном средстве, скорость которого по технической характеристике или по его состоянию менее 40 километров в час, а равно остановка транспортного средства на автомагистрали вне специальных площадок для стоянки -
влечет предупреждение или наложение административного штрафа в размере ста рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
2. Движение на грузовом автомобиле с разрешенной максимальной массой более 3,5 тонны по автомагистрали далее второй полосы, а равно учебная езда по автомагистрали -
влечет предупреждение или наложение административного штрафа в размере ста рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
3. Разворот или въезд транспортного средства в технологические разрывы разделительной полосы на автомагистрали либо движение задним ходом по автомагистрали -
влечет наложение административного штрафа в размере от трехсот до пятисот рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 12.12. Проезд на запрещающий сигнал светофора или на запрещающий жест регулировщика
(в ред. Федерального закона от 21.04.2011 N 69-ФЗ)
1. Проезд на запрещающий сигнал светофора или на запрещающий жест регулировщика, за исключением случаев, предусмотренных частью 1 статьи 12.10 настоящего Кодекса и частью 2 настоящей статьи, -
влечет наложение административного штрафа в размере одной тысячи рублей.
2. Невыполнение требования Правил дорожного движения об остановке перед стоп-линией, обозначенной дорожными знаками или разметкой проезжей части дороги, при запрещающем сигнале светофора или запрещающем жесте регулировщика -
влечет наложение административного штрафа в размере восьмисот рублей.
Статья 12.13. Нарушение правил проезда перекрестков
1. Выезд на перекресток или пересечение проезжей части дороги в случае образовавшегося затора, который вынудил водителя остановиться, создав препятствие для движения транспортных средств в поперечном направлении, -
влечет наложение административного штрафа в размере одной тысячи рублей. (в ред. Федерального закона от 21.04.2011 N 69-ФЗ)
2. Невыполнение требования Правил дорожного движения уступить дорогу транспортному средству, пользующемуся преимущественным правом проезда перекрестков, -
влечет наложение административного штрафа в размере одной тысячи рублей. (в ред. Федеральных законов от 22.06.2007 N 116-ФЗ, от 21.04.2011 N 69-ФЗ)
Статья 12.14. Нарушение правил маневрирования
1. Невыполнение требования Правил дорожного движения подать сигнал перед началом движения, перестроением, поворотом, разворотом или остановкой -
влечет предупреждение или наложение административного штрафа в размере ста рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
1.1. Невыполнение требования Правил дорожного движения, за исключением установленных случаев, перед поворотом направо, налево или разворотом заблаговременно занять соответствующее крайнее положение на проезжей части, предназначенной для движения в данном направлении, -
влечет предупреждение или наложение административного штрафа в размере ста рублей. (часть первая.1 введена Федеральным законом от 24.07.2007 N 210-ФЗ)
2. Разворот или движение задним ходом в местах, где такие маневры запрещены, за исключением случаев, предусмотренных частью 3 статьи 12.11 настоящего Кодекса, -
влечет наложение административного штрафа в размере ста рублей. (в ред. Федеральных законов от 22.06.2007 N 116-ФЗ, от 24.07.2007 N 210-ФЗ)
3. Невыполнение требования Правил дорожного движения уступить дорогу транспортному средству, пользующемуся преимущественным правом движения, за исключением случаев, предусмотренных частью 2 статьи 12.13 и статьей 12.17 настоящего Кодекса, -
влечет предупреждение или наложение административного штрафа в размере ста рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 12.15. Нарушение правил расположения транспортного средства на проезжей части дороги, встречного разъезда или обгона
(в ред. Федерального закона от 24.07.2007 N 210-ФЗ)
1. Нарушение правил расположения транспортного средства на проезжей части дороги, встречного разъезда, а равно движение по обочинам или пересечение организованной транспортной или пешей колонны либо занятие места в ней -
(в ред. Федерального закона от 23.07.2010 N 175-ФЗ)
влечет наложение административного штрафа в размере пятисот рублей.
2. Движение по велосипедным или пешеходным дорожкам либо тротуарам в нарушение Правил дорожного движения -
влечет наложение административного штрафа в размере двух тысяч рублей.
3. Выезд в нарушение Правил дорожного движения на полосу, предназначенную для встречного движения, при объезде препятствия - (в ред. Федерального закона от 23.07.2010 N 175-ФЗ)
влечет наложение административного штрафа в размере от одной тысячи до одной тысячи пятисот рублей.
4. Выезд в нарушение Правил дорожного движения на полосу, предназначенную для встречного движения, либо на трамвайные пути встречного направления, за исключением случаев, предусмотренных частью 3 настоящей статьи, - (в ред. Федерального закона от 23.07.2010 N 175-ФЗ)
влечет лишение права управления транспортными средствами на срок от четырех до шести месяцев, а в случае фиксации административного правонарушения работающими в автоматическом режиме специальными техническими средствами, имеющими функции фото- и киносъемки, видеозаписи, или средствами фото- и киносъемки, видеозаписи - наложение административного штрафа в размере пяти тысяч рублей. (в ред. Федерального закона от 23.07.2010 N 175-ФЗ)
Статья 12.16. Несоблюдение требований, предписанных дорожными знаками или разметкой проезжей части дороги
(в ред. Федерального закона от 23.07.2010 N 175-ФЗ)
1. Несоблюдение требований, предписанных дорожными знаками или разметкой проезжей части дороги, за исключением случаев, предусмотренных частями 2 и 3 настоящей статьи и другими статьями настоящей главы, -
влечет предупреждение или наложение административного штрафа в размере трехсот рублей.
2. Поворот налево или разворот в нарушение требований, предписанных дорожными знаками или разметкой проезжей части дороги, -
влечет наложение административного штрафа в размере от одной тысячи до одной тысячи пятисот рублей.
3. Движение во встречном направлении по дороге с односторонним движением -
влечет наложение административного штрафа в размере пяти тысяч рублей или лишение права управления транспортными средствами на срок от четырех до шести месяцев.
Статья 12.17. Непредоставление преимущества в движении маршрутному транспортному средству или транспортному средству с включенными специальными световыми и звуковыми сигналами
1. Непредоставление преимущества в движении маршрутному транспортному средству, а равно транспортному средству с одновременно включенными проблесковым маячком синего цвета и специальным звуковым сигналом -
влечет предупреждение или наложение административного штрафа в размере от ста до трехсот рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
2. Непредоставление преимущества в движении транспортному средству, имеющему нанесенные на наружные поверхности специальные цветографические схемы, надписи и обозначения, с одновременно включенными проблесковым маячком синего цвета и специальным звуковым сигналом -
влечет наложение административного штрафа в размере от трехсот до пятисот рублей или лишение права управления транспортными средствами на срок от одного до трех месяцев. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 12.18. Непредоставление преимущества в движении пешеходам или иным участникам дорожного движения
Невыполнение требования Правил дорожного движения уступить дорогу пешеходам, велосипедистам или иным участникам дорожного движения (за исключением водителей транспортных средств), пользующимся преимуществом в движении, -
влечет наложение административного штрафа в размере от восьмисот до одной тысячи рублей. (в ред. Федеральных законов от 22.06.2007 N 116-ФЗ, от 07.05.2009 N 86-ФЗ)
Статья 12.19. Нарушение правил остановки или стоянки транспортных средств
1. Нарушение правил остановки или стоянки транспортных средств, за исключением случаев, предусмотренных частью 1 статьи 12.10 настоящего Кодекса и частями 2 - 4 настоящей статьи, -
влечет предупреждение или наложение административного штрафа в размере ста рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
2. Нарушение правил остановки или стоянки транспортных средств в местах, отведенных для остановки или стоянки транспортных средств инвалидов, -
влечет наложение административного штрафа на водителя в размере от трех тысяч до пяти тысяч рублей. (в ред. Федерального закона от 04.06.2011 N 127-ФЗ)
3. Остановка или стоянка транспортных средств на пешеходном переходе, за исключением вынужденной остановки, либо нарушение правил остановки или стоянки транспортных средств на тротуаре, повлекшее создание препятствий для движения пешеходов, -
влечет предупреждение или наложение административного штрафа в размере трехсот рублей. (часть третья в ред. Федерального закона от 07.05.2009 N 86-ФЗ)
4. Нарушение правил остановки или стоянки транспортных средств на проезжей части, повлекшее создание препятствий для движения других транспортных средств, а равно остановка или стоянка транспортного средства в тоннеле -
влечет предупреждение или наложение административного штрафа в размере трехсот рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Примечание. Утратило силу. - Федеральный закон от 24.07.2007 N 210-ФЗ.
Статья 12.20. Нарушение правил пользования внешними световыми приборами, звуковыми сигналами, аварийной сигнализацией или знаком аварийной остановки
Нарушение правил пользования внешними световыми приборами, звуковыми сигналами, аварийной сигнализацией или знаком аварийной остановки -
влечет предупреждение или наложение административного штрафа в размере ста рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 12.21. Нарушение правил перевозки грузов, правил буксировки
КонсультантПлюс: примечание. По вопросу, касающемуся перевозки грузов, см. главу 2 Федерального закона от 08.11.2007 N 259-ФЗ.
1. Нарушение правил перевозки грузов, а равно правил буксировки -
влечет предупреждение или наложение административного штрафа в размере ста рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
2. Утратил силу. - Федеральный закон от 24.07.2007 N 210-ФЗ.
Статья 12.21.1. Нарушение правил перевозки крупногабаритных и тяжеловесных грузов
(введена Федеральным законом от 24.07.2007 N 210-ФЗ)
1. Перевозка крупногабаритных и тяжеловесных грузов без специального разрешения и специального пропуска в случае, если получение такого пропуска обязательно, а равно с отклонением от указанного в специальном разрешении маршрута движения - (в ред. Федерального закона от 08.11.2007 N 257-ФЗ)
влечет наложение административного штрафа на водителя в размере от двух тысяч до двух тысяч пятисот рублей или лишение права управления транспортными средствами на срок от четырех до шести месяцев; на должностных лиц, ответственных за перевозку, - от пятнадцати тысяч до двадцати тысяч рублей; на юридических лиц - от четырехсот тысяч до пятисот тысяч рублей.
2. Перевозка крупногабаритных грузов с превышением габаритов, указанных в специальном разрешении, более чем на 10 сантиметров -
влечет наложение административного штрафа на водителя в размере от одной тысячи пятисот до двух тысяч рублей или лишение права управления транспортными средствами на срок от двух до четырех месяцев; на должностных лиц, ответственных за перевозку, - от десяти тысяч до пятнадцати тысяч рублей; на юридических лиц - от двухсот пятидесяти тысяч до четырехсот тысяч рублей.
3. Перевозка тяжеловесных грузов с превышением разрешенных максимальной массы или нагрузки на ось, указанных в специальном разрешении, более чем на 5 процентов - (в ред. Федерального закона от 06.11.2011 N 296-ФЗ)
влечет наложение административного штрафа на водителя в размере от одной тысячи пятисот до двух тысяч рублей; на должностных лиц, ответственных за перевозку, - от десяти тысяч до пятнадцати тысяч рублей; на юридических лиц - от двухсот пятидесяти тысяч до четырехсот тысяч рублей.
3.1. Предоставление грузоотправителем недостоверных сведений о массе и габаритах груза, если это повлекло нарушение правил перевозки крупногабаритных и тяжеловесных грузов, -
влечет наложение административного штрафа на граждан в размере пяти тысяч рублей; на индивидуальных предпринимателей - от десяти тысяч до пятнадцати тысяч рублей; на юридических лиц - от двухсот пятидесяти тысяч до четырехсот тысяч рублей. (часть 3.1 введена Федеральным законом от 06.11.2011 N 296-ФЗ)
4. Нарушение правил перевозки крупногабаритных и тяжеловесных грузов, за исключением случаев, предусмотренных частями 1 - 3 настоящей статьи, -
влечет наложение административного штрафа на водителя в размере от одной тысячи до одной тысячи пятисот рублей; на должностных лиц, ответственных за перевозку, - от пяти тысяч до десяти тысяч рублей; на юридических лиц - от ста пятидесяти тысяч до двухсот пятидесяти тысяч рублей.
5. Несоблюдение требований, предписанных дорожными знаками, запрещающими движение транспортных средств, в том числе составов транспортных средств, общая фактическая масса которых либо нагрузка на ось которых превышает указанные на дорожном знаке, если движение таких транспортных средств осуществляется без специального разрешения, -
влечет наложение административного штрафа на водителя в размере от двух тысяч до двух тысяч пятисот рублей. (часть 5 введена Федеральным законом от 06.11.2011 N 296-ФЗ)
Статья 12.21.2. Нарушение правил перевозки опасных грузов
(введена Федеральным законом от 24.07.2007 N 210-ФЗ)
1. Перевозка опасных грузов водителем, не имеющим свидетельства о подготовке водителей транспортных средств, перевозящих опасные грузы, свидетельства о допуске транспортного средства к
перевозке опасных грузов, специального разрешения, согласованного маршрута перевозки или аварийной карточки системы информации об опасности, предусмотренных правилами перевозки опасных грузов, а равно перевозка опасных грузов на транспортном средстве, конструкция которого не соответствует требованиям правил перевозки опасных грузов или на котором отсутствуют элементы системы информации об опасности либо оборудование или средства, применяемые для ликвидации последствий происшествия при перевозке опасных грузов, либо несоблюдение условий перевозки опасных грузов, предусмотренных указанными правилами, - (в ред. Федерального закона от 08.11.2007 N 257-ФЗ)
влечет наложение административного штрафа на водителя в размере от двух тысяч до двух тысяч пятисот рублей или лишение права управления транспортными средствами на срок от четырех до шести месяцев; на должностных лиц, ответственных за перевозку, - от пятнадцати тысяч до двадцати тысяч рублей; на юридических лиц - от четырехсот тысяч до пятисот тысяч рублей.
2. Нарушение правил перевозки опасных грузов, за исключением случаев, предусмотренных частью 1 настоящей статьи, -
влечет наложение административного штрафа на водителя в размере от одной тысячи до одной тысячи пятисот рублей; на должностных лиц, ответственных за перевозку, - от пяти тысяч до десяти тысяч рублей; на юридических лиц - от ста пятидесяти тысяч до двухсот пятидесяти тысяч рублей.
Статья 12.22. Нарушение правил учебной езды
Нарушение правил учебной езды водителем, обучающим вождению транспортного средства, -
влечет предупреждение или наложение административного штрафа в размере ста рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 12.23. Нарушение правил перевозки людей
1. Нарушение правил перевозки людей, за исключением случаев, предусмотренных частью 2 настоящей статьи, -
влечет наложение административного штрафа в размере пятисот рублей. (в ред. Федеральных законов от 22.06.2007 N 116-ФЗ, от 07.05.2009 N 86-ФЗ)
2. Перевозка людей вне кабины автомобиля (за исключением случаев, разрешенных Правилами дорожного движения), трактора, других самоходных машин, на грузовом прицепе, в прицепе-даче, в кузове грузового мотоцикла или вне предусмотренных конструкцией мотоцикла мест для сидения -
влечет наложение административного штрафа в размере от пятисот до семисот рублей. (в ред. Федеральных законов от 22.06.2007 N 116-ФЗ, от 07.05.2009 N 86-ФЗ)
Статья 12.24. Нарушение Правил дорожного движения или правил эксплуатации транспортного средства, повлекшее причинение легкого или средней тяжести вреда здоровью потерпевшего
(в ред. Федерального закона от 22.04.2005 N 38-ФЗ)
1. Нарушение Правил дорожного движения или правил эксплуатации транспортного средства, повлекшее причинение легкого вреда здоровью потерпевшего, -
влечет наложение административного штрафа в размере от одной тысячи до одной тысячи пятисот рублей или лишение права управления транспортными средствами на срок от одного года до полутора лет. (в ред. Федеральных законов от 22.06.2007 N 116-ФЗ, от 24.07.2007 N 210-ФЗ)
2. Нарушение Правил дорожного движения или правил эксплуатации транспортного средства, повлекшее причинение средней тяжести вреда здоровью потерпевшего, -
влечет наложение административного штрафа в размере от двух тысяч до двух тысяч пятисот рублей или лишение права управления транспортными средствами на срок от полутора до двух лет. (в ред. Федеральных законов от 22.06.2007 N 116-ФЗ, от 24.07.2007 N 210-ФЗ)
Примечания:
1. Под причинением легкого вреда здоровью следует понимать кратковременное расстройство здоровья или незначительную стойкую утрату общей трудоспособности.
2. Под причинением средней тяжести вреда здоровью следует понимать неопасное для жизни длительное расстройство здоровья или значительную стойкую утрату общей трудоспособности менее чем на одну треть.
Статья 12.25. Невыполнение требования о предоставлении транспортного средства или об остановке транспортного средства
1. Невыполнение требования о предоставлении транспортного средства сотрудникам полиции или иным лицам, которым в случаях, предусмотренных законодательством, предоставлено право использовать транспортные средства, - (в ред. Федерального закона от 07.02.2011 N 4-ФЗ)
влечет наложение административного штрафа в размере от ста до двухсот рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
2. Невыполнение законного требования сотрудника полиции об остановке транспортного средства - (в ред. Федерального закона от 07.02.2011 N 4-ФЗ)
влечет наложение административного штрафа в размере от двухсот до пятисот рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
3. Невыполнение законного требования должностного лица военной автомобильной инспекции об остановке транспортного средства Вооруженных Сил Российской Федерации, внутренних войск Министерства внутренних дел Российской Федерации, инженерно-технических, дорожно-строительных воинских формирований при федеральных органах исполнительной власти или спасательных воинских формирований федерального органа исполнительной власти, уполномоченного на решение задач в области гражданской обороны, -
влечет предупреждение или наложение административного штрафа в размере от двухсот до пятисот рублей. (часть 3 введена Федеральным законом от 11.07.2011 N 207-ФЗ)
Статья 12.26. Невыполнение водителем требования о прохождении медицинского освидетельствования на состояние опьянения (в ред. Федерального закона от 21.03.2005 N 19-ФЗ)
1. Невыполнение водителем законного требования сотрудника полиции о прохождении медицинского освидетельствования на состояние опьянения или невыполнение водителем транспортного средства Вооруженных Сил Российской Федерации, внутренних войск Министерства внутренних дел Российской Федерации, инженерно-технических, дорожно-строительных воинских формирований при федеральных органах исполнительной власти или спасательных воинских формирований федерального органа исполнительной власти, уполномоченного на решение задач в области гражданской обороны, законного требования должностного лица военной автомобильной инспекции о прохождении медицинского освидетельствования на состояние опьянения - (в ред. Федерального закона от 11.07.2011 N 207-ФЗ)
влечет лишение права управления транспортными средствами на срок от полутора до двух лет. (в ред. Федерального закона от 21.03.2005 N 19-ФЗ)
2. Невыполнение водителем, не имеющим права управления транспортными средствами либо лишенным права управления транспортными средствами, законного требования сотрудника полиции о прохождении медицинского освидетельствования на состояние опьянения или невыполнение не имеющим права управления транспортными средствами либо лишенным права управления транспортными средствами водителем транспортного средства Вооруженных Сил Российской Федерации, внутренних войск Министерства внутренних дел Российской Федерации, инженерно-технических, дорожно-строительных воинских формирований при федеральных органах исполнительной власти или спасательных воинских формирований федерального органа исполнительной власти, уполномоченного на
решение задач в области гражданской обороны, законного требования должностного лица военной автомобильной инспекции о прохождении медицинского освидетельствования на состояние опьянения - (в ред. Федерального закона от 11.07.2011 N 207-ФЗ)
влечет административный арест на срок до пятнадцати суток или наложение административного штрафа на лиц, в отношении которых в соответствии с настоящим Кодексом не может применяться административный арест, в размере пяти тысяч рублей. (часть вторая введена Федеральным законом от 24.07.2007 N 210-ФЗ)
Статья 12.27. Невыполнение обязанностей в связи с дорожно-транспортным происшествием
1. Невыполнение водителем обязанностей, предусмотренных Правилами дорожного движения, в связи с дорожно-транспортным происшествием, участником которого он является, за исключением случаев, предусмотренных частью 2 настоящей статьи, -
влечет наложение административного штрафа в размере одной тысячи рублей. (в ред. Федеральных законов от 22.06.2007 N 116-ФЗ, от 24.07.2007 N 210-ФЗ)
2. Оставление водителем в нарушение Правил дорожного движения места дорожно-транспортного происшествия, участником которого он являлся, -
влечет лишение права управления транспортными средствами на срок от одного года до полутора лет или административный арест на срок до пятнадцати суток. (в ред. Федеральных законов от 22.06.2007 N 116-ФЗ, от 24.07.2007 N 210-ФЗ)
3. Невыполнение требования Правил дорожного движения о запрещении водителю употреблять алкогольные напитки, наркотические или психотропные вещества после дорожно-транспортного происшествия, к которому он причастен, либо после того, как транспортное средство было остановлено по требованию сотрудника полиции, до проведения уполномоченным должностным лицом освидетельствования в целях установления состояния опьянения или до принятия уполномоченным должностным лицом решения об освобождении от проведения такого освидетельствования - (в ред. Федерального закона от 07.02.2011 N 4-ФЗ)
влечет лишение права управления транспортными средствами на срок от полутора до двух лет. (часть третья введена Федеральным законом от 24.07.2007 N 210-ФЗ)
Статья 12.28. Нарушение правил, установленных для движения транспортных средств в жилых зонах
Нарушение правил, установленных для движения транспортных средств в жилых зонах, -
влечет наложение административного штрафа в размере пятисот рублей. (в ред. Федеральных законов от 22.06.2007 N 116-ФЗ, от 24.07.2007 N 210-ФЗ)
Статья 12.29. Нарушение Правил дорожного движения пешеходом или иным лицом, участвующим в процессе дорожного движения
1. Нарушение пешеходом или пассажиром транспортного средства Правил дорожного движения -
влечет предупреждение или наложение административного штрафа в размере двухсот рублей. (в ред. Федеральных законов от 22.06.2007 N 116-ФЗ, от 07.05.2009 N 86-ФЗ)
2. Нарушение Правил дорожного движения лицом, управляющим мопедом, велосипедом, либо возчиком или другим лицом, непосредственно участвующим в процессе дорожного движения (за исключением лиц, указанных в части 1 настоящей статьи, а также водителя механического транспортного средства), - (в ред. Федерального закона от 24.07.2007 N 210-ФЗ)
влечет предупреждение или наложение административного штрафа в размере двухсот рублей. (в ред. Федеральных законов от 22.06.2007 N 116-ФЗ, от 07.05.2009 N 86-ФЗ)
3. Нарушение Правил дорожного движения лицами, указанными в части 2 настоящей статьи, совершенное в состоянии опьянения, -
влечет наложение административного штрафа в размере от трехсот до пятисот рублей. (в ред. Федеральных законов от 22.06.2007 N 116-ФЗ, от 24.07.2007 N 210-ФЗ)
Статья 12.30. Нарушение Правил дорожного движения пешеходом или иным участником дорожного движения, повлекшее создание помех в движении транспортных средств либо причинение легкого или средней тяжести вреда здоровью потерпевшего (в ред. Федерального закона от 24.07.2007 N 210-ФЗ)
1. Нарушение Правил дорожного движения пешеходом, пассажиром транспортного средства или иным участником дорожного движения (за исключением водителя транспортного средства), повлекшее создание помех в движении транспортных средств, -
влечет наложение административного штрафа в размере трехсот рублей. (в ред. Федеральных законов от 22.06.2007 N 116-ФЗ, от 24.07.2007 N 210-ФЗ)
2. Нарушение Правил дорожного движения пешеходом, пассажиром транспортного средства или иным участником дорожного движения (за исключением водителя транспортного средства), повлекшее по неосторожности причинение легкого или средней тяжести вреда здоровью потерпевшего, - (в ред. Федерального закона от 24.07.2007 N 210-ФЗ)
влечет наложение административного штрафа в размере от одной тысячи до одной тысячи пятисот рублей. (в ред. Федеральных законов от 22.06.2007 N 116-ФЗ, от 24.07.2007 N 210-ФЗ)
Статья 12.31. Выпуск на линию транспортного средства, не зарегистрированного в установленном порядке, не прошедшего государственного технического осмотра или технического осмотра, с заведомо подложными государственными регистрационными знаками, имеющего неисправности, с которыми запрещена эксплуатация, с установленными без соответствующего разрешения устройствами для подачи специальных световых или звуковых сигналов либо с незаконно нанесенными специальными цветографическими схемами автомобилей оперативных служб (в ред. Федеральных законов от 22.07.2005 N 120-ФЗ, от 01.07.2011 N 170-ФЗ)
1. Выпуск на линию транспортного средства, не зарегистрированного в установленном порядке или не прошедшего государственного технического осмотра или технического осмотра, - (в ред. Федерального закона от 01.07.2011 N 170-ФЗ)
влечет наложение административного штрафа на должностных лиц, ответственных за техническое состояние и эксплуатацию транспортных средств, в размере пятисот рублей. (в ред. Федеральных законов от 22.06.2007 N 116-ФЗ, от 24.07.2007 N 210-ФЗ)
2. Выпуск на линию транспортного средства, имеющего неисправности, с которыми запрещена эксплуатация, или переоборудованного без соответствующего разрешения, - (в ред. Федерального закона от 22.07.2005 N 120-ФЗ)
влечет наложение административного штрафа на должностных лиц, ответственных за техническое состояние и эксплуатацию транспортных средств, в размере от пятисот до одной тысячи рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
3. Выпуск на линию транспортного средства с заведомо подложными государственными регистрационными знаками либо с установленными на передней его части световыми приборами с огнями красного цвета или световозвращающими приспособлениями красного цвета, а равно световыми приборами, цвет и режим работы которых не соответствуют требованиям Основных положений по допуску транспортных средств к эксплуатации и обязанностей должностных лиц по обеспечению безопасности дорожного движения, -
влечет наложение административного штрафа на должностных лиц, ответственных за техническое состояние и эксплуатацию транспортных средств, в размере от пятнадцати тысяч до двадцати тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ) (часть третья введена Федеральным законом от 22.07.2005 N 120-ФЗ)
4. Выпуск на линию транспортного средства с установленными на нем без соответствующего разрешения устройствами для подачи специальных световых или звуковых сигналов (за исключением охранной сигнализации), а равно с незаконно нанесенными на его наружные поверхности специальными
цветографическими схемами автомобилей оперативных служб -
влечет наложение административного штрафа на должностных лиц, ответственных за техническое состояние и эксплуатацию транспортных средств, в размере двадцати тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ) (часть четвертая введена Федеральным законом от 22.07.2005 N 120-ФЗ)
Статья 12.32. Допуск к управлению транспортным средством водителя, находящегося в состоянии опьянения либо не имеющего права управления транспортным средством
Допуск к управлению транспортным средством водителя, находящегося в состоянии опьянения либо не имеющего права управления транспортным средством, -
влечет наложение административного штрафа на должностных лиц, ответственных за техническое состояние и эксплуатацию транспортных средств, в размере двадцати тысяч рублей. (в ред. Федеральных законов от 22.06.2007 N 116-ФЗ, от 24.07.2007 N 210-ФЗ)
Статья 12.33. Повреждение дорог, железнодорожных переездов или других дорожных сооружений
Повреждение дорог, железнодорожных переездов или других дорожных сооружений либо технических средств организации дорожного движения, которое создает угрозу безопасности дорожного движения, а равно умышленное создание помех в дорожном движении, в том числе путем загрязнения дорожного покрытия, - (в ред. Федерального закона от 24.07.2007 N 210-ФЗ)
влечет наложение административного штрафа на граждан в размере одной тысячи пятисот рублей; на должностных лиц - пяти тысяч рублей; на юридических лиц - двухсот тысяч рублей. (в ред. Федерального закона от 24.07.2007 N 210-ФЗ)
Статья 12.34. Несоблюдение требований по обеспечению безопасности дорожного движения при ремонте и содержании дорог, железнодорожных переездов или других дорожных сооружений (в ред. Федерального закона от 28.12.2009 N 380-ФЗ)
Несоблюдение требований по обеспечению безопасности дорожного движения при ремонте и содержании дорог, железнодорожных переездов или других дорожных сооружений либо непринятие мер по своевременному устранению помех в дорожном движении, запрещению или ограничению дорожного движения на отдельных участках дорог в случае, если пользование такими участками угрожает безопасности дорожного движения, - (в ред. Федерального закона от 28.12.2009 N 380-ФЗ)
влечет наложение административного штрафа на должностных лиц, ответственных за состояние дорог, железнодорожных переездов или других дорожных сооружений, в размере от двух тысяч до трех тысяч рублей; на юридических лиц - от двадцати тысяч до тридцати тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 12.35. Незаконное ограничение прав на управление транспортным средством и его эксплуатацию
Применение к владельцам и водителям транспортных средств, другим участникам дорожного движения не предусмотренных федеральным законом мер, направленных на ограничение прав на управление, пользование транспортным средством либо его эксплуатацию, -
влечет наложение административного штрафа на граждан в размере двух тысяч рублей; на должностных лиц - двадцати тысяч рублей. (в ред. Федеральных законов от 22.06.2007 N 116-ФЗ, от 24.07.2007 N 210-ФЗ)
Статья 12.36. Утратила силу. - Федеральный закон от 24.07.2007 N 210-ФЗ.
Статья 12.36.1. Нарушение правил пользования телефоном водителем транспортного средства
(введена Федеральным законом от 24.07.2007 N 210-ФЗ)
Пользование водителем во время движения транспортного средства телефоном, не оборудованным
техническим устройством, позволяющим вести переговоры без использования рук, -
влечет предупреждение или наложение административного штрафа в размере трехсот рублей.
Статья 12.37. Несоблюдение требований об обязательном страховании гражданской ответственности владельцев транспортных средств
(введена Федеральным законом от 25.04.2002 N 41-ФЗ)
КонсультантПлюс: примечание. Об обязательном страховании при ограниченном использовании транспортных средств см. статью 16
Федерального закона от 25.04.2002 N 40-ФЗ.
1. Управление транспортным средством в период его использования, не предусмотренный страховым полисом обязательного страхования гражданской ответственности владельцев транспортного средства, а равно управление транспортным средством с нарушением предусмотренного данным страховым полисом условия управления этим транспортным средством только указанными в данном страховом полисе водителями -
влечет наложение административного штрафа в размере трехсот рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
2. Неисполнение владельцем транспортного средства установленной федеральным законом обязанности по страхованию своей гражданской ответственности, а равно управление транспортным средством, если такое обязательное страхование заведомо отсутствует, -
влечет наложение административного штрафа в размере от пятисот до восьмисот рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Глава 13. АДМИНИСТРАТИВНЫЕ ПРАВОНАРУШЕНИЯ В ОБЛАСТИ СВЯЗИ И ИНФОРМАЦИИ
Статья 13.1. Утратила силу. - Федеральный закон от 28.12.2009 N 380-ФЗ.
Статья 13.2. Самовольное подключение к сети электрической связи оконечного оборудования
Подключение без специального разрешения к сети электрической связи оконечного оборудования -
влечет предупреждение или наложение административного штрафа на граждан в размере от трехсот до пятисот рублей с конфискацией оконечного оборудования или без таковой; на должностных лиц - от пятисот до одной тысячи рублей с конфискацией оконечного оборудования или без таковой; на юридических лиц - от пяти тысяч до десяти тысяч рублей с конфискацией оконечного оборудования или без таковой. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 13.3. Самовольные проектирование, строительство, изготовление, приобретение, установка или эксплуатация радиоэлектронных средств и (или) высокочастотных устройств
Проектирование, строительство, изготовление, приобретение, установка или эксплуатация радиоэлектронных средств и (или) высокочастотных устройств без специального разрешения (лицензии), если такое разрешение (такая лицензия) обязательно (обязательна), -
влечет наложение административного штрафа на граждан в размере от пятисот до одной тысячи рублей с конфискацией радиоэлектронных средств и (или) высокочастотных устройств или без таковой; на должностных лиц - от одной тысячи до двух тысяч рублей с конфискацией радиоэлектронных средств и (или) высокочастотных устройств или без таковой; на юридических лиц - от десяти тысяч до двадцати тысяч рублей с конфискацией радиоэлектронных средств и (или) высокочастотных устройств или без таковой. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Примечания. 1. Под радиоэлектронными средствами в настоящей статье и статье 13.4 настоящего Кодекса понимаются технические средства, состоящие из одного или нескольких радиопередающих или радиоприемных устройств либо из их комбинации и вспомогательного оборудования и предназначенные
для передачи или приема радиоволн.
2. Под высокочастотными устройствами понимаются оборудование или приборы, предназначенные для генерирования и местного использования радиочастотной энергии для промышленных, научных, медицинских, бытовых и других целей, за исключением применения в области электрической связи.
3. Не влечет административной ответственности использование радиоэлектронных средств и (или) высокочастотных устройств, предназначенных для индивидуального приема программ телевизионного вещания и радиовещания, а также для использования изделий бытовой электроники, не содержащих радиоизлучающих устройств.
Статья 13.4. Нарушение правил проектирования, строительства, установки, регистрации или эксплуатации радиоэлектронных средств и (или) высокочастотных устройств
1. Нарушение правил проектирования, строительства, установки или регистрации радиоэлектронных средств и (или) высокочастотных устройств -
влечет предупреждение или наложение административного штрафа на граждан в размере от ста до трехсот рублей с конфискацией радиоэлектронных средств и (или) высокочастотных устройств или без таковой; на должностных лиц - от трехсот до пятисот рублей; на юридических лиц - от трех тысяч до пяти тысяч рублей с конфискацией радиоэлектронных средств и (или) высокочастотных устройств или без таковой. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
2. Нарушение правил эксплуатации радиоэлектронных средств и (или) высокочастотных устройств (за исключением случаев, когда такие правила содержатся в технических регламентах), правил радиообмена или использования радиочастот либо несоблюдение государственных стандартов, норм или разрешенных в установленном порядке параметров радиоизлучения - (в ред. Федерального закона от 18.07.2011 N 237-ФЗ)
влечет предупреждение или наложение административного штрафа на граждан в размере от трехсот до пятисот рублей с конфискацией радиоэлектронных средств и (или) высокочастотных устройств или без таковой; на должностных лиц - от пятисот до одной тысячи рублей; на лиц, осуществляющих предпринимательскую деятельность без образования юридического лица, - от пятисот до одной тысячи рублей с конфискацией радиоэлектронных средств и (или) высокочастотных устройств или без таковой либо административное приостановление деятельности на срок до девяноста суток с конфискацией радиоэлектронных средств и (или) высокочастотных устройств или без таковой; на юридических лиц - от пяти тысяч до десяти тысяч рублей с конфискацией радиоэлектронных средств и (или) высокочастотных устройств или без таковой либо административное приостановление деятельности на срок до девяноста суток с конфискацией радиоэлектронных средств и (или) высокочастотных устройств или без таковой. (в ред. Федеральных законов от 09.05.2005 N 45-ФЗ, от 22.06.2007 N 116-ФЗ)
Статья 13.5. Нарушение правил охраны линий или сооружений связи
1. Нарушение правил охраны линий или сооружений связи, если это нарушение не вызвало прекращение связи, -
влечет предупреждение или наложение административного штрафа на граждан в размере от ста до трехсот рублей; на должностных лиц - от трехсот до пятисот рублей; на юридических лиц - от трех тысяч до пяти тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
2. Нарушение правил охраны линий или сооружений связи, если это нарушение вызвало прекращение связи, -
влечет наложение административного штрафа на граждан в размере от пятисот до одной тысячи рублей; на должностных лиц - от одной тысячи до двух тысяч рублей; на юридических лиц - от десяти тысяч до двадцати тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
3. Нарушение правил охраны линий или сооружений связи, если это нарушение вызвало повреждение линий или сооружений связи для нужд органов государственной власти, для нужд обороны, безопасности и
охраны правопорядка, - (в ред. Федерального закона от 08.12.2011 N 424-ФЗ)
влечет наложение административного штрафа на граждан в размере от одной тысячи пятисот до двух тысяч рублей; на должностных лиц - от трех тысяч до четырех тысяч рублей; на юридических лиц - от тридцати тысяч до сорока тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
4. Несоблюдение должностными лицами требований нормативных документов об обеспечении бесперебойной работы линий передач, трактов и каналов, предоставленных для нужд органов государственной власти, обороны, безопасности и охраны правопорядка, - (в ред. Федерального закона от 08.12.2011 N 424-ФЗ)
влечет наложение административного штрафа в размере от двух тысяч до трех тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 13.6. Использование несертифицированных средств связи либо предоставление несертифицированных услуг связи
Использование на сетях связи несертифицированных средств связи либо предоставление несертифицированных услуг связи, если законом предусмотрена их обязательная сертификация, -
влечет наложение административного штрафа на граждан в размере от одной тысячи пятисот до двух тысяч рублей с конфискацией несертифицированных средств связи либо без таковой; на должностных лиц - от трех тысяч до четырех тысяч рублей с конфискацией несертифицированных средств связи либо без таковой; на юридических лиц - от тридцати тысяч до сорока тысяч рублей с конфискацией несертифицированных средств связи либо без таковой. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 13.7. Несоблюдение установленных правил и норм, регулирующих порядок проектирования, строительства и эксплуатации сетей и сооружений связи
Несоблюдение установленных правил и норм, регулирующих порядок проектирования, строительства и эксплуатации сетей и сооружений связи, -
влечет наложение административного штрафа на граждан в размере от пятисот до одной тысячи рублей; на должностных лиц - от одной тысячи до двух тысяч рублей; на лиц, осуществляющих предпринимательскую деятельность без образования юридического лица, - от одной тысячи до двух тысяч рублей или административное приостановление деятельности на срок до девяноста суток; на юридических лиц - от десяти тысяч до двадцати тысяч рублей или административное приостановление деятельности на срок до девяноста суток. (в ред. Федеральных законов от 09.05.2005 N 45-ФЗ, от 22.06.2007 N 116-ФЗ)
Статья 13.8. Изготовление, реализация или эксплуатация технических средств, не соответствующих стандартам или нормам, регулирующим допустимые уровни индустриальных радиопомех
Изготовление, реализация или эксплуатация технических средств, не соответствующих стандартам или нормам, регулирующим допустимые уровни индустриальных радиопомех (за исключением случаев, когда такие нормы содержатся в технических регламентах), - (в ред. Федерального закона от 18.07.2011 N 237-ФЗ)
влечет предупреждение или наложение административного штрафа на граждан в размере от ста до трехсот рублей с конфискацией технических средств или без таковой; на должностных лиц - от трехсот до пятисот рублей с конфискацией технических средств или без таковой; на юридических лиц - от трех тысяч до пяти тысяч рублей с конфискацией технических средств или без таковой. (в ред. Федеральных законов от 22.06.2007 N 116-ФЗ, от 27.07.2010 N 239-ФЗ)
Примечание. Под техническими средствами в настоящей статье понимаются изделия, оборудование, аппаратура и (или) их составные части, функционирующие на основании законов электротехники, радиотехники и (или) электроники и содержащие электронные компоненты и (или) схемы.
Статья 13.9. Самовольные строительство или эксплуатация сооружений связи
Строительство или эксплуатация сооружений связи без специального разрешения -
влечет наложение административного штрафа на граждан в размере от пятисот до одной тысячи рублей; на должностных лиц - от одной тысячи до двух тысяч рублей; на юридических лиц - от десяти тысяч до двадцати тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 13.10. Изготовление в целях сбыта либо сбыт заведомо поддельных государственных знаков почтовой оплаты, международных ответных купонов, использование заведомо поддельных клише франкировальных машин, почтовых штемпелей или иных именных вещей
1. Изготовление в целях сбыта либо сбыт заведомо поддельных государственных знаков почтовой оплаты или международных ответных купонов -
влечет наложение административного штрафа на граждан в размере от одной тысячи пятисот до двух тысяч рублей с конфискацией средств изготовления поддельных государственных знаков почтовой оплаты или международных ответных купонов; на должностных лиц - от трех тысяч до четырех тысяч рублей с конфискацией средств изготовления поддельных государственных знаков почтовой оплаты или международных ответных купонов; на юридических лиц - от тридцати тысяч до сорока тысяч рублей с конфискацией средств изготовления поддельных государственных знаков почтовой оплаты или международных ответных купонов. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
2. Использование заведомо поддельных клише франкировальных машин, почтовых штемпелей или иных именных вещей -
влечет наложение административного штрафа на граждан в размере от одной тысячи до одной тысячи пятисот рублей с конфискацией средств изготовления поддельных клише франкировальных машин, почтовых штемпелей или иных именных вещей; на должностных лиц - от двух тысяч до трех тысяч рублей с конфискацией средств изготовления поддельных клише франкировальных машин, почтовых штемпелей или иных именных вещей; на юридических лиц - от двадцати тысяч до тридцати тысяч рублей с конфискацией средств изготовления поддельных клише франкировальных машин, почтовых штемпелей или иных именных вещей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 13.11. Нарушение установленного законом порядка сбора, хранения, использования или распространения информации о гражданах (персональных данных)
Нарушение установленного законом порядка сбора, хранения, использования или распространения информации о гражданах (персональных данных) -
влечет предупреждение или наложение административного штрафа на граждан в размере от трехсот до пятисот рублей; на должностных лиц - от пятисот до одной тысячи рублей; на юридических лиц - от пяти тысяч до десяти тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 13.12. Нарушение правил защиты информации
1. Нарушение условий, предусмотренных лицензией на осуществление деятельности в области защиты информации (за исключением информации, составляющей государственную тайну), -
влечет наложение административного штрафа на граждан в размере от трехсот до пятисот рублей; на должностных лиц - от пятисот до одной тысячи рублей; на юридических лиц - от пяти тысяч до десяти тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
2. Использование несертифицированных информационных систем, баз и банков данных, а также несертифицированных средств защиты информации, если они подлежат обязательной сертификации (за исключением средств защиты информации, составляющей государственную тайну), -
влечет наложение административного штрафа на граждан в размере от пятисот до одной тысячи рублей с конфискацией несертифицированных средств защиты информации или без таковой; на
должностных лиц - от одной тысячи до двух тысяч рублей; на юридических лиц - от десяти тысяч до двадцати тысяч рублей с конфискацией несертифицированных средств защиты информации или без таковой. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
3. Нарушение условий, предусмотренных лицензией на проведение работ, связанных с использованием и защитой информации, составляющей государственную тайну, созданием средств, предназначенных для защиты информации, составляющей государственную тайну, осуществлением мероприятий и (или) оказанием услуг по защите информации, составляющей государственную тайну, -
влечет наложение административного штрафа на должностных лиц в размере от двух тысяч до трех тысяч рублей; на юридических лиц - от пятнадцати тысяч до двадцати тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
4. Использование несертифицированных средств, предназначенных для защиты информации, составляющей государственную тайну, -
влечет наложение административного штрафа на должностных лиц в размере от трех тысяч до четырех тысяч рублей; на юридических лиц - от двадцати тысяч до тридцати тысяч рублей с конфискацией несертифицированных средств, предназначенных для защиты информации, составляющей государственную тайну, или без таковой. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
5. Грубое нарушение условий, предусмотренных лицензией на осуществление деятельности в области защиты информации (за исключением информации, составляющей государственную тайну), -
влечет наложение административного штрафа на лиц, осуществляющих предпринимательскую деятельность без образования юридического лица, в размере от одной тысячи до одной тысячи пятисот рублей или административное приостановление деятельности на срок до девяноста суток; на должностных лиц - от одной тысячи до одной тысячи пятисот рублей; на юридических лиц - от десяти тысяч до пятнадцати тысяч рублей или административное приостановление деятельности на срок до девяноста суток. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ) (часть пятая введена Федеральным законом от 02.07.2005 N 80-ФЗ)
Примечание. Понятие грубого нарушения устанавливается Правительством Российской Федерации в отношении конкретного лицензируемого вида деятельности. (примечание введено Федеральным законом от 02.07.2005 N 80-ФЗ)
Статья 13.13. Незаконная деятельность в области защиты информации
1. Занятие видами деятельности в области защиты информации (за исключением информации, составляющей государственную тайну) без получения в установленном порядке специального разрешения (лицензии), если такое разрешение (такая лицензия) в соответствии с федеральным законом обязательно (обязательна), -
влечет наложение административного штрафа на граждан в размере от пятисот до одной тысячи рублей с конфискацией средств защиты информации или без таковой; на должностных лиц - от двух тысяч до трех тысяч рублей с конфискацией средств защиты информации или без таковой; на юридических лиц - от десяти тысяч до двадцати тысяч рублей с конфискацией средств защиты информации или без таковой. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
2. Занятие видами деятельности, связанной с использованием и защитой информации, составляющей государственную тайну, созданием средств, предназначенных для защиты информации, составляющей государственную тайну, осуществлением мероприятий и (или) оказанием услуг по защите информации, составляющей государственную тайну, без лицензии -
влечет наложение административного штрафа на должностных лиц в размере от четырех тысяч до пяти тысяч рублей; на юридических лиц - от тридцати тысяч до сорока тысяч рублей с конфискацией созданных без лицензии средств защиты информации, составляющей государственную тайну, или без таковой. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 13.14. Разглашение информации с ограниченным доступом
Разглашение информации, доступ к которой ограничен федеральным законом (за исключением случаев, если разглашение такой информации влечет уголовную ответственность), лицом, получившим доступ к такой информации в связи с исполнением служебных или профессиональных обязанностей, за исключением случаев, предусмотренных частью 1 статьи 14.33 настоящего Кодекса, - (в ред. Федерального закона от 09.04.2007 N 45-ФЗ)
влечет наложение административного штрафа на граждан в размере от пятисот до одной тысячи рублей; на должностных лиц - от четырех тысяч до пяти тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 13.15. Злоупотребление свободой массовой информации
(в ред. Федерального закона от 28.12.2009 N 380-ФЗ)
1. Изготовление и (или) распространение теле-, видео-, кинопрограмм, документальных и художественных фильмов, а также относящихся к специальным средствам массовой информации информационных компьютерных файлов и программ обработки информационных текстов, содержащих скрытые вставки, воздействующие на подсознание людей и (или) оказывающие вредное влияние на их здоровье, -
влечет наложение административного штрафа на граждан в размере от двух тысяч до двух тысяч пятисот рублей с конфискацией предмета административного правонарушения; на должностных лиц - от четырех тысяч до пяти тысяч рублей с конфискацией предмета административного правонарушения; на юридических лиц - от сорока тысяч до пятидесяти тысяч рублей с конфискацией предмета административного правонарушения.
2. Распространение информации об общественном объединении или иной организации, включенных в опубликованный перечень общественных и религиозных объединений, иных организаций, в отношении которых судом принято вступившее в законную силу решение о ликвидации или запрете деятельности по основаниям, предусмотренным Федеральным законом от 25 июля 2002 года N 114-ФЗ "О противодействии экстремистской деятельности", без указания на то, что соответствующее общественное объединение или иная организация ликвидированы или их деятельность запрещена, -
влечет наложение административного штрафа на граждан в размере от двух тысяч до двух тысяч пятисот рублей с конфискацией предмета административного правонарушения; на должностных лиц - от четырех тысяч до пяти тысяч рублей с конфискацией предмета административного правонарушения; на юридических лиц - от сорока тысяч до пятидесяти тысяч рублей с конфискацией предмета административного правонарушения.
Статья 13.16. Воспрепятствование распространению продукции средства массовой информации
Воспрепятствование осуществляемому на законном основании распространению продукции средства массовой информации либо установление незаконных ограничений на розничную продажу тиража периодического печатного издания -
влечет наложение административного штрафа на граждан в размере от трехсот до пятисот рублей; на должностных лиц - от пятисот до одной тысячи рублей; на юридических лиц - от пяти тысяч до десяти тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 13.17. Нарушение правил распространения обязательных сообщений
Нарушение правил распространения обязательных сообщений -
влечет наложение административного штрафа на граждан в размере от ста до трехсот рублей; на должностных лиц - от трехсот до пятисот рублей; на юридических лиц - от трех тысяч до пяти тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 13.18. Воспрепятствование уверенному приему радио- и телепрограмм
Воспрепятствование уверенному приему радио- и телепрограмм путем создания искусственных помех -
влечет наложение административного штрафа на граждан в размере от пятисот до одной тысячи рублей; на должностных лиц - от одной тысячи до двух тысяч рублей; на юридических лиц - от десяти тысяч до двадцати тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 13.19. Нарушение порядка представления статистической информации
Нарушение должностным лицом, ответственным за представление статистической информации, необходимой для проведения государственных статистических наблюдений, порядка ее представления, а равно представление недостоверной статистической информации -
влечет наложение административного штрафа в размере от трех тысяч до пяти тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 13.20. Нарушение правил хранения, комплектования, учета или использования архивных документов
Нарушение правил хранения, комплектования, учета или использования архивных документов, за исключением случаев, предусмотренных статьей 13.25 настоящего Кодекса, - (в ред. Федерального закона от 09.02.2009 N 9-ФЗ)
влечет предупреждение или наложение административного штрафа на граждан в размере от ста до трехсот рублей; на должностных лиц - от трехсот до пятисот рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 13.21. Нарушение порядка изготовления или распространения продукции средства массовой информации
Изготовление или распространение продукции незарегистрированного средства массовой информации, а равно продукции средства массовой информации, не прошедшего перерегистрацию, либо изготовление или распространение такой продукции после решения о прекращении или приостановлении выпуска средства массовой информации в установленном порядке -
влечет наложение административного штрафа на граждан в размере от одной тысячи до одной тысячи пятисот рублей с конфискацией предмета административного правонарушения; на должностных лиц - от двух тысяч до трех тысяч рублей с конфискацией предмета административного правонарушения; на юридических лиц - от двадцати тысяч до тридцати тысяч рублей с конфискацией предмета административного правонарушения. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 13.22. Нарушение порядка объявления выходных данных
Выпуск (изготовление) или распространение продукции средства массовой информации без указания в установленном порядке выходных данных, а равно с неполными или заведомо ложными выходными данными -
влечет предупреждение или наложение административного штрафа на граждан в размере от трехсот до пятисот рублей с конфискацией продукции средства массовой информации или без таковой; на должностных лиц - от пятисот до одной тысячи рублей с конфискацией продукции средства массовой информации или без таковой; на юридических лиц - от пяти тысяч до десяти тысяч рублей с конфискацией продукции средства массовой информации или без таковой. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 13.23. Нарушение порядка представления обязательного экземпляра документов, письменных уведомлений, уставов и договоров
Нарушение установленного законом порядка представления обязательного экземпляра документов, письменных уведомлений, уставов редакций или заменяющих их договоров, а равно порядка хранения материалов теле- и радиопередач -
влечет наложение административного штрафа на граждан в размере от двухсот до пятисот рублей; на должностных лиц - от одной тысячи до двух тысяч рублей; на юридических лиц - от десяти тысяч до двадцати тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 13.24. Повреждение телефонов-автоматов
Повреждение телефонов-автоматов -
влечет наложение административного штрафа в размере от пятисот до одной тысячи рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 13.25. Нарушение требований законодательства о хранении документов
(введена Федеральным законом от 09.02.2009 N 9-ФЗ)
1. Неисполнение акционерным обществом, профессиональным участником рынка ценных бумаг, управляющей компанией акционерного инвестиционного фонда, паевого инвестиционного фонда или негосударственного пенсионного фонда либо специализированным депозитарием акционерного инвестиционного фонда, паевого инвестиционного фонда или негосударственного пенсионного фонда обязанности по хранению документов, которые предусмотрены законодательством об акционерных обществах, о рынке ценных бумаг, об инвестиционных фондах и принятыми в соответствии с ним нормативными правовыми актами и хранение которых является обязательным, а также нарушение установленных порядка и сроков хранения таких документов -
влечет наложение административного штрафа на должностных лиц в размере от двух тысяч пятисот до пяти тысяч рублей; на юридических лиц - от двухсот тысяч до трехсот тысяч рублей.
2. Неисполнение обществом с ограниченной (дополнительной) ответственностью или унитарным предприятием обязанности по хранению документов, которые предусмотрены законодательством об обществах с ограниченной ответственностью, о государственных и муниципальных унитарных предприятиях и принятыми в соответствии с ним нормативными правовыми актами и хранение которых является обязательным, а также нарушение установленных порядка и сроков хранения таких документов -
влечет наложение административного штрафа на должностных лиц в размере от двух тысяч пятисот до пяти тысяч рублей; на юридических лиц - от двухсот тысяч до трехсот тысяч рублей.
О порядке применения статьи 13.26 см. Методические рекомендации (утв. ФССП РФ 18.04.2011 N 04-4).
Статья 13.26. Нарушение сроков и (или) порядка доставки (вручения) адресату судебных извещений
(введена Федеральным законом от 28.06.2009 N 124-ФЗ)
Нарушение оператором почтовой связи правил оказания услуг почтовой связи в отношении сроков и (или) порядка доставки (вручения) адресату судебных извещений, в том числе несвоевременное сообщение суду о доставке (вручении) судебного извещения или невозможности его доставки (вручения) адресату, -
влечет наложение административного штрафа на должностных лиц в размере от пятисот до одной тысячи рублей; на юридических лиц - от пяти тысяч до десяти тысяч рублей.
Статья 13.27. Нарушение требований к организации доступа к информации о деятельности государственных органов и органов местного самоуправления и ее размещению в сети "Интернет"
(введена Федеральным законом от 31.05.2010 N 108-ФЗ)
1. Нарушение требований к технологическим, программным и лингвистическим средствам обеспечения пользования официальными сайтами государственных органов и органов местного самоуправления -
влечет наложение административного штрафа на должностных лиц в размере от трех тысяч до пяти тысяч рублей.
2. Неразмещение в сети "Интернет" информации о деятельности государственных органов и органов местного самоуправления в случаях, если обязанность по размещению такой информации в сети "Интернет" установлена федеральным законом, -
влечет наложение административного штрафа на должностных лиц в размере от трех тысяч до пяти тысяч рублей.
Статья 13.28. Нарушение порядка предоставления информации о деятельности государственных органов и органов местного самоуправления
(введена Федеральным законом от 31.05.2010 N 108-ФЗ)
1. Нарушение порядка предоставления информации о деятельности государственных органов и органов местного самоуправления, содержащей сведения, относящиеся к информации ограниченного доступа, -
влечет наложение административного штрафа на должностных лиц в размере от трех тысяч до пяти тысяч рублей.
2. Незаконное взимание платы за предоставление информации о деятельности государственных органов и органов местного самоуправления либо нарушение порядка взимания платы за предоставление информации о деятельности государственных органов и органов местного самоуправления в случаях, если федеральным законом такая плата установлена, -
влечет наложение административного штрафа на должностных лиц в размере от трех тысяч до пяти тысяч рублей.
О применении главы 14 см. Постановление Пленума Верховного Суда РФ от 24.10.2006 N 18.
Глава 14. АДМИНИСТРАТИВНЫЕ ПРАВОНАРУШЕНИЯ В ОБЛАСТИ ПРЕДПРИНИМАТЕЛЬСКОЙ ДЕЯТЕЛЬНОСТИ
Статья 14.1. Осуществление предпринимательской деятельности без государственной регистрации или без специального разрешения (лицензии)
1. Осуществление предпринимательской деятельности без государственной регистрации в качестве индивидуального предпринимателя или без государственной регистрации в качестве юридического лица -
влечет наложение административного штрафа в размере от пятисот до двух тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
2. Осуществление предпринимательской деятельности без специального разрешения (лицензии), если такое разрешение (такая лицензия) обязательно (обязательна), -
влечет наложение административного штрафа на граждан в размере от двух тысяч до двух тысяч пятисот рублей с конфискацией изготовленной продукции, орудий производства и сырья или без таковой; на должностных лиц - от четырех тысяч до пяти тысяч рублей с конфискацией изготовленной продукции, орудий производства и сырья или без таковой; на юридических лиц - от сорока тысяч до пятидесяти тысяч рублей с конфискацией изготовленной продукции, орудий производства и сырья или без таковой. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
3. Осуществление предпринимательской деятельности с нарушением условий, предусмотренных специальным разрешением (лицензией), -
влечет предупреждение или наложение административного штрафа на граждан в размере от одной тысячи пятисот до двух тысяч рублей; на должностных лиц - от трех тысяч до четырех тысяч рублей; на юридических лиц - от тридцати тысяч до сорока тысяч рублей. (в ред. Федеральных законов от 22.06.2007 N 116-ФЗ, от 27.07.2010 N 239-ФЗ)
4. Осуществление предпринимательской деятельности с грубым нарушением условий, предусмотренных специальным разрешением (лицензией), -
влечет наложение административного штрафа на лиц, осуществляющих предпринимательскую деятельность без образования юридического лица, в размере от четырех тысяч до пяти тысяч рублей или административное приостановление деятельности на срок до девяноста суток; на должностных лиц - от четырех тысяч до пяти тысяч рублей; на юридических лиц - от сорока тысяч до пятидесяти тысяч рублей или административное приостановление деятельности на срок до девяноста суток. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ) (часть четвертая введена Федеральным законом от 02.07.2005 N 80-ФЗ)
Примечание. Понятие грубого нарушения устанавливается Правительством Российской Федерации в отношении конкретного лицензируемого вида деятельности. (примечание введено Федеральным законом от 02.07.2005 N 80-ФЗ)
Статья 14.1.1. Незаконные организация и проведение азартных игр
(введена Федеральным законом от 20.07.2011 N 250-ФЗ)
1. Организация и (или) проведение азартных игр с использованием игрового оборудования вне игорной зоны либо с использованием информационно-телекоммуникационных сетей, в том числе сети "Интернет", а также средств связи, в том числе подвижной связи, -
влекут наложение административного штрафа на граждан в размере от трех тысяч до пяти тысяч рублей с конфискацией игрового оборудования; на должностных лиц - от тридцати тысяч до пятидесяти тысяч рублей с конфискацией игрового оборудования; на юридических лиц - от семисот тысяч до одного миллиона рублей с конфискацией игрового оборудования.
2. Организация и (или) проведение азартных игр без полученного в установленном порядке разрешения на осуществление деятельности по организации и проведению азартных игр в игорной зоне, а равно осуществление деятельности по организации и проведению азартных игр в букмекерских конторах и тотализаторах без лицензии -
влечет наложение административного штрафа на граждан в размере от двух тысяч до четырех тысяч рублей с конфискацией игрового оборудования; на должностных лиц - от тридцати тысяч до пятидесяти тысяч рублей с конфискацией игрового оборудования; на юридических лиц - от пятисот тысяч до восьмисот тысяч рублей с конфискацией игрового оборудования.
3. Осуществление деятельности по организации и проведению азартных игр в игорной зоне с нарушением условий, предусмотренных разрешением на осуществление деятельности по организации и проведению азартных игр в игорной зоне, а равно осуществление деятельности по организации и проведению азартных игр в букмекерских конторах и тотализаторах с нарушением условий, предусмотренных лицензией, -
влечет наложение административного штрафа на юридических лиц в размере от трехсот тысяч до пятисот тысяч рублей.
Статья 14.2. Незаконная продажа товаров (иных вещей), свободная реализация которых запрещена или ограничена
Незаконная продажа товаров (иных вещей), свободная реализация которых запрещена или ограничена законодательством, -
влечет наложение административного штрафа на граждан в размере от одной тысячи пятисот до двух тысяч рублей с конфискацией предметов административного правонарушения или без таковой; на должностных лиц - от трех тысяч до четырех тысяч рублей с конфискацией предметов административного правонарушения или без таковой; на юридических лиц - от тридцати тысяч до сорока тысяч рублей с конфискацией предметов административного правонарушения или без таковой. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 14.3. Нарушение законодательства о рекламе
(в ред. Федерального закона от 28.12.2009 N 380-ФЗ)
1. Нарушение рекламодателем, рекламопроизводителем или рекламораспространителем законодательства о рекламе, за исключением случаев, предусмотренных частями 2 - 4 настоящей статьи, статьями 14.37, 14.38, 19.31 настоящего Кодекса, -
влечет наложение административного штрафа на граждан в размере от двух тысяч до двух тысяч пятисот рублей; на должностных лиц - от четырех тысяч до двадцати тысяч рублей; на юридических лиц - от ста тысяч до пятисот тысяч рублей.
2. Нарушение порядка прерывания рекламой теле- или радиопрограммы, теле- или радиопередачи либо совмещения рекламы с телепрограммой, превышение допустимого законодательством о рекламе объема рекламы в теле- или радиопрограммах, а равно распространение рекламы в теле- или радиопрограммах в дни траура, объявленные в Российской Федерации, -
влечет наложение административного штрафа на должностных лиц в размере от десяти тысяч до двадцати тысяч рублей; на юридических лиц - от двухсот тысяч до пятисот тысяч рублей.
3. Превышение допустимого законодательством о рекламе объема рекламы, распространяемой в периодических печатных изданиях, -
влечет наложение административного штрафа на должностных лиц в размере от четырех тысяч до семи тысяч рублей; на юридических лиц - от сорока тысяч до ста тысяч рублей.
4. Прерывание рекламой при кино- и видеообслуживании демонстрации фильма, а также совмещение рекламы с демонстрацией фильма, религиозной телепередачи, телепередачи продолжительностью менее чем пятнадцать минут, трансляцией агитационных материалов, распространяемых в телепрограммах и телепередачах в соответствии с законодательством о выборах и референдумах, способом "бегущей строки" или иным способом ее наложения на кадр демонстрируемого фильма либо телепрограммы или телепередачи -
влечет наложение административного штрафа на должностных лиц в размере от десяти тысяч до двадцати тысяч рублей; на юридических лиц - от двухсот тысяч до пятисот тысяч рублей.
Статья 14.4. Продажа товаров, выполнение работ либо оказание населению услуг ненадлежащего качества или с нарушением установленных законодательством Российской Федерации требований
(в ред. Федерального закона от 18.07.2011 N 237-ФЗ)
1. Продажа товаров, не соответствующих образцам по качеству, выполнение работ либо оказание населению услуг, не соответствующих требованиям нормативных правовых актов, устанавливающих порядок (правила) выполнения работ либо оказания населению услуг, -
влечет наложение административного штрафа на граждан в размере от одной тысячи до двух тысяч рублей; на должностных лиц - от трех тысяч до десяти тысяч рублей; на лиц, осуществляющих предпринимательскую деятельность без образования юридического лица, - от десяти тысяч до двадцати тысяч рублей; на юридических лиц - от двадцати тысяч до тридцати тысяч рублей.
2. Повторное в течение года совершение административного правонарушения, предусмотренного частью 1 настоящей статьи, -
влечет наложение административного штрафа на граждан в размере от двух тысяч до пяти тысяч рублей; на должностных лиц - от семи тысяч до пятнадцати тысяч рублей либо дисквалификацию на срок до одного года; на лиц, осуществляющих предпринимательскую деятельность без образования юридического лица, - от пятнадцати тысяч до тридцати тысяч рублей с конфискацией предметов административного правонарушения либо без таковой; на юридических лиц - от тридцати тысяч до пятидесяти тысяч рублей с конфискацией предметов административного правонарушения либо без таковой.
Статья 14.4.1. Нарушение требований законодательства в области технического осмотра транспортных средств
(введена Федеральным законом от 01.07.2011 N 170-ФЗ)
1. Осуществление аккредитации операторов технического осмотра с нарушением требований законодательства в области технического осмотра транспортных средств -
влечет наложение административного штрафа на должностных лиц в размере от десяти тысяч до пятнадцати тысяч рублей; на юридических лиц - от пятидесяти тысяч до ста тысяч рублей.
2. Непредставление сведений, необходимых для ведения единой автоматизированной информационной системы технического осмотра, -
влечет наложение административного штрафа на должностных лиц в размере от трех тысяч до пяти тысяч рублей; на юридических лиц - от тридцати тысяч до пятидесяти тысяч рублей.
Статья 14.5. Продажа товаров, выполнение работ либо оказание услуг при отсутствии установленной информации либо неприменение в установленных федеральными законами случаях контрольно-кассовой техники
(в ред. Федерального закона от 03.06.2009 N 121-ФЗ (ред. 17.07.2009))
1. Продажа товаров, выполнение работ либо оказание услуг организацией, а равно гражданином, зарегистрированным в качестве индивидуального предпринимателя, при отсутствии установленной информации об изготовителе (исполнителе, продавце) либо иной информации, обязательность предоставления которой предусмотрена законодательством Российской Федерации, -
влечет предупреждение или наложение административного штрафа на граждан в размере от одной тысячи пятисот до двух тысяч рублей; на должностных лиц - от трех тысяч до четырех тысяч рублей; на юридических лиц - от тридцати тысяч до сорока тысяч рублей. (в ред. Федерального закона от 27.07.2010 N 239-ФЗ)
2. Неприменение в установленных федеральными законами случаях контрольно-кассовой техники, применение контрольно-кассовой техники, которая не соответствует установленным требованиям либо используется с нарушением установленного законодательством Российской Федерации порядка и условий ее регистрации и применения, а равно отказ в выдаче по требованию покупателя (клиента) в случае, предусмотренном федеральным законом, документа (товарного чека, квитанции или другого документа, подтверждающего прием денежных средств за соответствующий товар (работу, услугу), -
влечет предупреждение или наложение административного штрафа на граждан в размере от одной тысячи пятисот до двух тысяч рублей; на должностных лиц - от трех тысяч до четырех тысяч рублей; на юридических лиц - от тридцати тысяч до сорока тысяч рублей. (в ред. Федерального закона от 27.07.2010 N 239-ФЗ)
Статья 14.6. Нарушение порядка ценообразования
(в ред. Федерального закона от 25.12.2008 N 281-ФЗ)
1. Завышение регулируемых государством цен (тарифов, расценок, ставок и тому подобного) на продукцию, товары либо услуги, предельных цен (тарифов, расценок, ставок, платы и тому подобного), завышение установленных надбавок (наценок) к ценам (тарифам, расценкам, ставкам и тому подобному), по табачным изделиям завышение максимальной розничной цены, указанной производителем на каждой потребительской упаковке (пачке), - (в ред. Федерального закона от 01.07.2011 N 170-ФЗ)
влечет наложение административного штрафа на граждан в размере пяти тысяч рублей; на должностных лиц - пятидесяти тысяч рублей или дисквалификацию на срок до трех лет; на юридических лиц - в двукратном размере излишне полученной выручки от реализации товара (работы, услуги) вследствие неправомерного завышения регулируемых государством цен (тарифов, расценок, ставок и тому подобного) за весь период, в течение которого совершалось правонарушение, но не более одного года.
2. Занижение регулируемых государством цен (тарифов, расценок, ставок и тому подобного) на продукцию, товары либо услуги, предельных цен (тарифов, расценок, ставок и тому подобного), занижение установленных надбавок (наценок) к ценам (тарифам, расценкам, ставкам и тому подобному), нарушение установленного порядка регулирования цен (тарифов, расценок, ставок и тому подобного), а равно иное нарушение установленного порядка ценообразования -
влечет наложение административного штрафа на граждан в размере пяти тысяч рублей; на должностных лиц - пятидесяти тысяч рублей или дисквалификацию на срок до трех лет; на юридических лиц - ста тысяч рублей.
3. Ответственность за нарушение настоящей статьи предприятиями розничной торговли или индивидуальными предпринимателями не может быть возложена на производителя или поставщика табачных изделий.
Статья 14.7. Обман потребителей
Обмеривание, обвешивание, обсчет, введение в заблуждение относительно потребительских свойств, качества товара (работы, услуги) или иной обман потребителей, за исключением случаев, предусмотренных частью 1 статьи 14.33 настоящего Кодекса, в организациях, осуществляющих реализацию товаров, выполняющих работы либо оказывающих услуги населению, а равно гражданами, зарегистрированными в качестве индивидуальных предпринимателей в сфере торговли (услуг), а также гражданами, работающими у индивидуальных предпринимателей, - (в ред. Федеральных законов от 08.12.2003 N 161-ФЗ, от 09.04.2007 N 45-ФЗ)
влечет наложение административного штрафа на граждан в размере от одной тысячи до двух тысяч рублей; на должностных лиц - от одной тысячи до двух тысяч рублей; на юридических лиц - от десяти тысяч до двадцати тысяч рублей. (в ред. Федеральных законов от 08.12.2003 N 161-ФЗ, от 22.06.2007 N 116-ФЗ)
Статья 14.8. Нарушение иных прав потребителей
1. Нарушение права потребителя на получение необходимой и достоверной информации о реализуемом товаре (работе, услуге), об изготовителе, о продавце, об исполнителе и о режиме их работы -
влечет предупреждение или наложение административного штрафа на должностных лиц в размере от пятисот до одной тысячи рублей; на юридических лиц - от пяти тысяч до десяти тысяч рублей. (в ред. Федеральных законов от 22.06.2007 N 116-ФЗ, от 27.07.2010 N 239-ФЗ)
КонсультантПлюс: примечание. О вопросах, связанных с применением к банкам административной ответственности за нарушение
законодательства о защите прав потребителей при заключении кредитных договоров см. Информационное письмо ВАС РФ от 13.09.2011 N 146.
2. Включение в договор условий, ущемляющих установленные законом права потребителя, -
влечет наложение административного штрафа на должностных лиц в размере от одной тысячи до двух тысяч рублей; на юридических лиц - от десяти тысяч до двадцати тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
3. Непредоставление потребителю льгот и преимуществ, установленных законом, -
влечет наложение административного штрафа на должностных лиц в размере от пятисот до одной тысячи рублей; на юридических лиц - от пяти тысяч до десяти тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 14.9. Ограничение конкуренции органами власти, органами местного самоуправления
(в ред. Федерального закона от 17.07.2009 N 160-ФЗ)
1. Действия (бездействие) должностных лиц федеральных органов исполнительной власти, органов исполнительной власти субъектов Российской Федерации, органов местного самоуправления, иных осуществляющих функции указанных лиц органов или организаций, государственных внебюджетных фондов, а также организаций, участвующих в предоставлении государственных или муниципальных услуг, которые недопустимы в соответствии с антимонопольным законодательством Российской Федерации и приводят или могут привести к недопущению, ограничению или устранению конкуренции, а равно к ограничению свободного перемещения товаров (работ, услуг), свободы экономической деятельности, за исключением случаев, предусмотренных частью 3 статьи 14.32 настоящего Кодекса, - (в ред. Федерального закона от 06.12.2011 N 404-ФЗ)
влекут наложение административного штрафа на должностных лиц в размере от пятнадцати тысяч до тридцати тысяч рублей.
2. Действия должностных лиц, указанных в части 1 настоящей статьи, которые недопустимы в соответствии с антимонопольным законодательством Российской Федерации и приводят или могут привести к недопущению, ограничению или устранению конкуренции, а равно к ограничению свободного перемещения товаров (работ, услуг), свободы экономической деятельности, если такие должностные лица были ранее подвергнуты административному наказанию за аналогичное административное правонарушение, -
влекут наложение административного штрафа на должностных лиц в размере от тридцати тысяч до пятидесяти тысяч рублей либо дисквалификацию на срок до трех лет.
Статья 14.10. Незаконное использование товарного знака
Незаконное использование чужого товарного знака, знака обслуживания, наименования места происхождения товара или сходных с ними обозначений для однородных товаров -
влечет наложение административного штрафа на граждан в размере от одной тысячи пятисот до двух тысяч рублей с конфискацией предметов, содержащих незаконное воспроизведение товарного знака, знака обслуживания, наименования места происхождения товара; на должностных лиц - от десяти тысяч до двадцати тысяч рублей с конфискацией предметов, содержащих незаконное воспроизведение товарного знака, знака обслуживания, наименования места происхождения товара; на юридических лиц - от тридцати тысяч до сорока тысяч рублей с конфискацией предметов, содержащих незаконное воспроизведение товарного знака, знака обслуживания, наименования места происхождения товара. (в ред. Федеральных законов от 27.12.2005 N 193-ФЗ, от 22.06.2007 N 116-ФЗ)
Статья 14.11. Незаконное получение кредита
Получение кредита либо льготных условий кредитования путем представления банку или иному кредитору заведомо ложных сведений о своем хозяйственном положении либо финансовом состоянии -
влечет наложение административного штрафа на граждан в размере от одной тысячи до двух тысяч рублей; на должностных лиц - от двух тысяч до трех тысяч рублей; на юридических лиц - от двадцати тысяч до тридцати тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 14.12. Фиктивное или преднамеренное банкротство
(в ред. Федерального закона от 19.12.2005 N 161-ФЗ)
1. Фиктивное банкротство, то есть заведомо ложное публичное объявление руководителем или учредителем (участником) юридического лица о несостоятельности данного юридического лица или индивидуальным предпринимателем о своей несостоятельности, если такое действие не содержит уголовно наказуемого деяния, -
влечет наложение административного штрафа на должностных лиц в размере от пяти тысяч до десяти тысяч рублей или дисквалификацию на срок от шести месяцев до трех лет. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
2. Преднамеренное банкротство, то есть совершение руководителем или учредителем (участником) юридического лица либо индивидуальным предпринимателем действий (бездействия), заведомо влекущих неспособность юридического лица или индивидуального предпринимателя в полном объеме удовлетворить требования кредиторов по денежным обязательствам и (или) исполнить обязанность по уплате обязательных платежей, если эти действия (бездействие) не содержат уголовно наказуемых деяний, -
влечет наложение административного штрафа на должностных лиц в размере от пяти тысяч до десяти тысяч рублей или дисквалификацию на срок от одного года до трех лет. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 14.13. Неправомерные действия при банкротстве
(в ред. Федерального закона от 19.12.2005 N 161-ФЗ)
1. Сокрытие имущества, имущественных прав или имущественных обязанностей, сведений об имуществе, о его размере, местонахождении или иной информации об имуществе, имущественных правах или имущественных обязанностях, передача имущества во владение иным лицам, отчуждение или уничтожение имущества, а равно сокрытие, уничтожение, фальсификация бухгалтерских и иных учетных документов, отражающих экономическую деятельность юридического лица или индивидуального предпринимателя, если эти действия совершены при наличии признаков банкротства и не содержат уголовно наказуемых деяний, -
влекут наложение административного штрафа на должностных лиц в размере от пяти тысяч до десяти тысяч рублей или дисквалификацию на срок от шести месяцев до трех лет. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
2. Неправомерное удовлетворение имущественных требований отдельных кредиторов за счет имущества должника - юридического лица руководителем юридического лица или его учредителем (участником) либо индивидуальным предпринимателем заведомо в ущерб другим кредиторам, а равно принятие такого удовлетворения кредиторами, знающими об отданном им предпочтении в ущерб другим кредиторам, если эти действия совершены при наличии признаков банкротства и не содержат уголовно наказуемых деяний, -
влекут наложение административного штрафа на должностных лиц в размере от пяти тысяч до десяти тысяч рублей или дисквалификацию на срок от шести месяцев до трех лет. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
3. Неисполнение арбитражным управляющим или руководителем временной администрации кредитной или иной финансовой организации обязанностей, установленных законодательством о несостоятельности (банкротстве), если такое действие (бездействие) не содержит уголовно наказуемого деяния, - (в ред. Федерального закона от 19.05.2010 N 92-ФЗ)
влечет наложение административного штрафа на арбитражного управляющего или руководителя временной администрации кредитной или иной финансовой организации в размере от двух тысяч пятисот до пяти тысяч рублей или дисквалификацию на срок от шести месяцев до трех лет. (в ред. Федеральных законов от 22.06.2007 N 116-ФЗ, от 19.05.2010 N 92-ФЗ)
4. Незаконное воспрепятствование деятельности арбитражного управляющего либо временной администрации кредитной или иной финансовой организации, в том числе уклонение или отказ от передачи арбитражному управляющему либо временной администрации кредитной или иной финансовой организации документов, необходимых для исполнения возложенных на них обязанностей, или имущества, принадлежащего юридическому лицу, в том числе кредитной или иной финансовой организации, в случаях, когда функции руководителя юридического лица, в том числе кредитной или иной финансовой организации, возложены соответственно на арбитражного управляющего или руководителя временной администрации кредитной или иной финансовой организации, если эти действия (бездействие) не содержат уголовно наказуемых деяний, -
влечет наложение административного штрафа на должностных лиц в размере от сорока тысяч до пятидесяти тысяч рублей или дисквалификацию на срок от шести месяцев до одного года. (часть 4 в ред. Федерального закона от 19.05.2010 N 92-ФЗ)
5. Неисполнение руководителем юридического лица или индивидуальным предпринимателем обязанности по подаче заявления о признании соответственно юридического лица или индивидуального предпринимателя банкротом в арбитражный суд в случаях, предусмотренных законодательством о несостоятельности (банкротстве), -
влечет наложение административного штрафа на должностных лиц в размере от пяти тысяч до десяти тысяч рублей или дисквалификацию на срок от шести месяцев до двух лет. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 14.14. Воспрепятствование должностными лицами кредитной или иной финансовой организации осуществлению функций временной администрации (в ред. Федерального закона от 19.05.2010 N 92-ФЗ)
Воспрепятствование должностными лицами кредитной или иной финансовой организации осуществлению функций временной администрации - (в ред. Федерального закона от 19.05.2010 N 92-ФЗ)
влечет наложение административного штрафа в размере от двух тысяч до трех тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 14.15. Нарушение правил продажи отдельных видов товаров
Нарушение установленных правил продажи отдельных видов товаров -
влечет предупреждение или наложение административного штрафа на граждан в размере от трехсот до одной тысячи пятисот рублей; на должностных лиц - от одной тысячи до трех тысяч рублей; на юридических лиц - от десяти тысяч до тридцати тысяч рублей. (в ред. Федеральных законов от 22.06.2007 N 116-ФЗ, от 27.07.2010 N 239-ФЗ)
Статья 14.16. Нарушение правил продажи этилового спирта, алкогольной и спиртосодержащей продукции, а также пива и напитков, изготавливаемых на его основе (в ред. Федерального закона от 05.12.2005 N 156-ФЗ)
1. Розничная продажа этилового спирта, в том числе этилового питьевого спирта (за исключением продажи в районах Крайнего Севера и приравненных к ним местностях), спиртосодержащей продукции по фармакопейным статьям (за исключением продукции, реализуемой через аптечную сеть) или спиртосодержащих вкусоароматических биологически активных вкусовых добавок или виноматериалов -
влечет наложение административного штрафа на должностных лиц в размере от четырех тысяч до пяти тысяч рублей с конфискацией этилового спирта и спиртосодержащей продукции; на юридических лиц - от сорока тысяч до пятидесяти тысяч рублей с конфискацией этилового спирта и спиртосодержащей продукции. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
2. Поставка или розничная продажа алкогольной и спиртосодержащей продукции без надлежаще оформленных товаротранспортных документов, без справки к грузовой таможенной декларации или без ее копии с оригиналами оттисков печатей предыдущего собственника (на импортную алкогольную продукцию) либо без справки к товаротранспортной накладной (на отечественную алкогольную продукцию) - (в ред. Федерального закона от 18.07.2011 N 237-ФЗ)
влечет наложение административного штрафа на должностных лиц в размере от четырех тысяч до пяти тысяч рублей с конфискацией алкогольной и спиртосодержащей продукции; на юридических лиц - от сорока тысяч до пятидесяти тысяч рублей с конфискацией алкогольной и спиртосодержащей продукции. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
2.1. Розничная продажа несовершеннолетнему алкогольной продукции, если это действие не содержит уголовно наказуемого деяния, -
влечет наложение административного штрафа на граждан в размере от трех тысяч до пяти тысяч рублей; на должностных лиц - от десяти тысяч до двадцати тысяч рублей; на юридических лиц - от восьмидесяти тысяч до ста тысяч рублей. (часть 2.1 введена Федеральным законом от 21.07.2011 N 253-ФЗ)
3. Нарушение иных правил розничной продажи алкогольной и спиртосодержащей продукции -
влечет наложение административного штрафа на должностных лиц в размере от трех тысяч до четырех тысяч рублей с конфискацией алкогольной и спиртосодержащей продукции или без таковой; на юридических лиц - от тридцати тысяч до сорока тысяч рублей с конфискацией алкогольной и спиртосодержащей продукции или без таковой. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
4. Утратил силу. - Федеральный закон от 21.07.2011 N 253-ФЗ.
КонсультантПлюс: примечание. В соответствии с Федеральным законом от 21.07.2005 N 102-ФЗ квотирование закупок этилового
спирта прекращено с 1 января 2006 года. Кроме того, этим же законом понятие "промышленное производство этилового спирта, алкогольной и
спиртосодержащей продукции" заменено понятием "производство этилового спирта, алкогольной и спиртосодержащей продукции".
Статья 14.17. Незаконные производство, поставка или закупка этилового спирта
1. Промышленное производство этилового спирта в объемах, превышающих квоты, -
влечет наложение административного штрафа на юридических лиц в размере от тридцати тысяч до ста тысяч рублей с конфискацией этилового спирта, произведенного в объемах, превышающих квоты. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
2. Поставка этилового спирта из сырья всех видов организации, не имеющей квот на закупку этилового спирта, или в объемах, превышающих квоты, - (в ред. Федерального закона от 29.04.2006 N 57-ФЗ)
влечет наложение административного штрафа на должностных лиц в размере от четырех тысяч до пяти тысяч рублей; на юридических лиц - от тридцати тысяч до ста тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
3. Закупка этилового спирта из сырья всех видов организацией, не имеющей квот на закупку этилового спирта, или в объемах, превышающих квоты, -
влечет наложение административного штрафа на должностных лиц в размере от четырех тысяч до пяти тысяч рублей с конфискацией этилового спирта, закупленного организацией, не имеющей квот на закупку этилового спирта, или в объемах, превышающих квоты; на юридических лиц - от тридцати тысяч до восьмидесяти тысяч рублей с конфискацией этилового спирта, закупленного организацией, не имеющей квот на закупку этилового спирта, или в объемах, превышающих квоты. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
4. Промышленное производство или оборот этилового спирта, алкогольной и спиртосодержащей продукции без соответствующей лицензии, а равно с нарушением условий, предусмотренных лицензией, -
влечет наложение административного штрафа на юридических лиц в размере от пятидесяти тысяч до ста тысяч рублей с конфискацией изготовленной продукции, орудий производства (оборудования), сырья, полуфабрикатов и иных предметов, использованных для производства этилового спирта, алкогольной и спиртосодержащей продукции. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 14.18. Использование этилового спирта, произведенного из непищевого сырья, и спиртосодержащей непищевой продукции для приготовления алкогольной и спиртосодержащей пищевой продукции
Использование этилового спирта, произведенного из непищевого сырья, и спиртосодержащей непищевой продукции для приготовления алкогольной и спиртосодержащей пищевой продукции -
влечет наложение административного штрафа на должностных лиц в размере от четырех тысяч до пяти тысяч рублей с конфискацией произведенной продукции; на юридических лиц - от восьмидесяти тысяч до ста тысяч рублей с конфискацией произведенной продукции. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 14.19. Нарушение установленного порядка учета этилового спирта, алкогольной и спиртосодержащей продукции
Нарушение установленного порядка учета этилового спирта, алкогольной и спиртосодержащей продукции при их производстве или обороте -
влечет наложение административного штрафа на должностных лиц в размере от трех тысяч до четырех тысяч рублей; на юридических лиц - от семидесяти тысяч до восьмидесяти тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 14.20. Нарушение законодательства об экспортном контроле
1. Осуществление внешнеэкономических операций с товарами, информацией, работами, услугами либо результатами интеллектуальной деятельности (правами на них), которые могут быть использованы при создании оружия массового поражения, средств его доставки, иных видов вооружения и военной техники либо при подготовке и (или) совершении террористических актов и в отношении которых установлен экспортный контроль, без специального разрешения (лицензии), если такое разрешение (такая лицензия) обязательно (обязательна), либо с нарушением требований (условий, ограничений), установленных разрешением (лицензией), а равно с использованием разрешения (лицензии), полученного (полученной) незаконно, либо с представлением документов, содержащих недостоверные сведения, за исключением случаев, предусмотренных статьями 16.1, 16.3, 16.19 настоящего Кодекса, - (в ред. Федерального закона от 28.12.2009 N 380-ФЗ)
влечет наложение административного штрафа на граждан, должностных лиц и юридических лиц в размере стоимости товаров, информации, работ, услуг либо результатов интеллектуальной деятельности, явившихся предметами административного правонарушения, с их конфискацией или без таковой либо конфискацию предметов административного правонарушения.
2. Несоблюдение установленного порядка ведения учета внешнеэкономических сделок с товарами, информацией, работами, услугами либо результатами интеллектуальной деятельности для целей экспортного контроля, а равно нарушение установленных сроков хранения соответствующих учетных документов -
влечет наложение административного штрафа на должностных лиц в размере от одной тысячи до двух тысяч рублей; на юридических лиц - от десяти тысяч до двадцати тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 14.21. Утратила силу. - Федеральный закон от 27.07.2006 N 139-ФЗ.
Статья 14.22. Утратила силу. - Федеральный закон от 27.07.2006 N 139-ФЗ.
Статья 14.23. Осуществление дисквалифицированным лицом деятельности по управлению юридическим лицом
1. Осуществление дисквалифицированным лицом в течение срока дисквалификации деятельности по управлению юридическим лицом -
влечет наложение административного штрафа в размере пяти тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
2. Заключение с дисквалифицированным лицом договора (контракта) на управление юридическим лицом, а равно неприменение последствий прекращения его действия -
влечет наложение административного штрафа на юридическое лицо в размере до ста тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 14.24. Нарушение законодательства о товарных биржах и биржевой торговле
1. Участие служащего биржи в биржевых сделках либо создание им собственных брокерских фирм, а также незаконное использование служащим биржи служебной информации -
влечет наложение административного штрафа на граждан в размере от одной тысячи до двух тысяч пятисот рублей; на должностных лиц - от трех тысяч до пяти тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
2. Незаконное использование юридическим лицом в своем наименовании слов "биржа" или "товарная биржа", а также образованных на их основе слов и словосочетаний - (в ред. Федерального закона от 28.12.2009 N 380-ФЗ)
влечет наложение административного штрафа на юридических лиц в размере от сорока тысяч до пятидесяти тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
3. Нарушение биржей порядка информирования членов биржи и участников биржевой торговли о предшествовавших и предстоящих торгах, порядка осуществления контроля за механизмом ценообразования, а равно нарушение биржей положений учредительных документов о максимальном количестве членов биржи -
влечет наложение административного штрафа на юридических лиц в размере от двадцати тысяч до сорока тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 14.25. Нарушение законодательства о государственной регистрации юридических лиц и индивидуальных предпринимателей (в ред. Федерального закона от 08.12.2003 N 169-ФЗ)
1. Несвоевременное или неточное внесение записей о юридическом лице в единый государственный реестр юридических лиц или об индивидуальном предпринимателе в единый государственный реестр индивидуальных предпринимателей - (в ред. Федерального закона от 08.12.2003 N 169-ФЗ)
влечет наложение административного штрафа на должностных лиц органов, осуществляющих государственную регистрацию юридических лиц и индивидуальных предпринимателей, в размере от одной тысячи до двух тысяч рублей. (в ред. Федеральных законов от 08.12.2003 N 169-ФЗ, от 22.06.2007 N 116-ФЗ)
2. Незаконный отказ в предоставлении или несвоевременное предоставление содержащихся в едином государственном реестре юридических лиц или едином государственном реестре индивидуальных предпринимателей сведений и (или) документов либо иных предусмотренных законодательством о государственной регистрации юридических лиц и индивидуальных предпринимателей документов лицам, заинтересованным в получении таких сведений и (или) документов, за исключением случаев, предусмотренных частями 1 и 2 статьи 5.63 настоящего Кодекса, - (в ред. Федеральных законов от 08.12.2003 N 169-ФЗ, от 03.12.2011 N 383-ФЗ)
влечет наложение административного штрафа на должностных лиц органов, осуществляющих государственную регистрацию юридических лиц и индивидуальных предпринимателей, в размере от одной тысячи до двух тысяч рублей. (в ред. Федеральных законов от 08.12.2003 N 169-ФЗ, от 22.06.2007 N 116-ФЗ)
3. Непредставление, или несвоевременное представление, или представление недостоверных сведений о юридическом лице или об индивидуальном предпринимателе в орган, осуществляющий государственную регистрацию юридических лиц и индивидуальных предпринимателей, в случаях, если такое представление предусмотрено законом, - (в ред. Федеральных законов от 08.12.2003 N 169-ФЗ, от 29.04.2006 N 57-ФЗ)
влечет предупреждение или наложение административного штрафа на должностных лиц в размере пяти тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
4. Представление в орган, осуществляющий государственную регистрацию юридических лиц и индивидуальных предпринимателей, документов, содержащих заведомо ложные сведения, если такое действие не содержит уголовно наказуемого деяния, - (в ред. Федеральных законов от 08.12.2003 N 169-ФЗ, от 29.04.2006 N 57-ФЗ)
влечет наложение административного штрафа на должностных лиц в размере пяти тысяч рублей или дисквалификацию на срок до трех лет. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 14.26. Нарушение правил обращения с ломом и отходами цветных и черных металлов и их отчуждения
(введена Федеральным законом от 04.07.2003 N 103-ФЗ)
Нарушение правил обращения с ломом и отходами цветных и черных металлов (приема, учета, хранения, транспортировки), за исключением случаев, предусмотренных статьей 8.2, частью 2 статьи 8.6 и частью 2 статьи 8.31 настоящего Кодекса, а также их отчуждения -
влечет наложение административного штрафа на граждан в размере от двух тысяч до двух тысяч пятисот рублей с конфискацией предметов административного правонарушения или без таковой; на должностных лиц - от четырех тысяч до пяти тысяч рублей с конфискацией предметов административного правонарушения или без таковой; на юридических лиц - от пятидесяти тысяч до ста тысяч рублей с конфискацией предметов административного правонарушения или без таковой. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 14.27. Нарушение законодательства о лотереях
(введена Федеральным законом от 11.11.2003 N 138-ФЗ)
1. Проведение лотереи без полученного в установленном порядке разрешения или без направления в установленном порядке уведомления -
влечет наложение административного штрафа на граждан в размере от двух тысяч до двух тысяч пятисот рублей; на должностных лиц - от четырех тысяч до двадцати тысяч рублей; на юридических лиц - от пятидесяти тысяч до пятисот тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
2. Несвоевременное перечисление целевых отчислений от лотереи, а также их направление на иные цели, чем те, которые предусмотрены законодательством о лотереях, -
влечет наложение административного штрафа на должностных лиц в размере от четырех тысяч до двадцати тысяч рублей; на юридических лиц - от ста тысяч до пятисот тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
3. Отказ в выплате, передаче или предоставлении выигрыша, а также нарушение порядка и (или) сроков выплаты, передачи или предоставления выигрыша, предусмотренных условиями лотереи, -
влечет предупреждение или наложение административного штрафа на должностных лиц в размере от двух тысяч до пяти тысяч рублей; на юридических лиц - от пятидесяти тысяч до ста тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 14.28. Нарушение требований законодательства об участии в долевом строительстве многоквартирных домов и (или) иных объектов недвижимости
(введена Федеральным законом от 30.12.2004 N 214-ФЗ)
1. Привлечение денежных средств гражданина, связанное с возникающим у гражданина правом собственности на жилое помещение в многоквартирном доме, который на момент привлечения таких денежных средств гражданина не введен в эксплуатацию в порядке, установленном законодательством о градостроительной деятельности, лицом, не имеющим в соответствии с законодательством об участии в долевом строительстве многоквартирных домов и (или) иных объектов недвижимости на это права и (или) привлекающим денежные средства граждан в нарушение требований, установленных указанным законодательством, -
влечет наложение административного штрафа на должностных лиц в размере от двадцати тысяч до пятидесяти тысяч рублей; на юридических лиц - от пятисот тысяч до одного миллиона рублей. (часть 1 в ред. Федерального закона от 17.06.2010 N 119-ФЗ)
2. Опубликование в средствах массовой информации и (или) размещение в информационно-телекоммуникационных сетях общего пользования застройщиком проектной декларации (в том числе вносимых в нее изменений), содержащей неполную и (или) недостоверную информацию, предоставление застройщиком неполной и (или) недостоверной информации, опубликование, размещение или предоставление которой предусмотрено законодательством об участии в долевом строительстве многоквартирных домов и (или) иных объектов недвижимости, а равно нарушение сроков опубликования и (или) размещения проектной декларации либо вносимых в нее изменений -
влекут наложение административного штрафа на должностных лиц в размере от пяти тысяч до пятнадцати тысяч рублей; на юридических лиц - от двухсот тысяч до четырехсот тысяч рублей. (в ред. Федеральных законов от 22.06.2007 N 116-ФЗ, от 17.06.2010 N 119-ФЗ)
3. Непредставление в установленный срок в орган, осуществляющий контроль и надзор в области долевого строительства многоквартирных домов и (или) иных объектов недвижимости, отчетности в случаях, предусмотренных законодательством об участии в долевом строительстве многоквартирных домов и (или) иных объектов недвижимости, а равно представление отчетности, содержащей недостоверные сведения, или представление отчетности не в полном объеме - (в ред. Федерального закона от 17.06.2010 N 119-ФЗ)
влечет наложение административного штрафа на должностных лиц в размере от пяти тысяч до пятнадцати тысяч рублей; на юридических лиц - от пятидесяти тысяч до двухсот тысяч рублей. (в ред. Федеральных законов от 22.06.2007 N 116-ФЗ, от 17.06.2010 N 119-ФЗ)
4. Непредставление лицом, деятельность которого связана с привлечением денежных средств граждан и юридических лиц для строительства (создания) многоквартирных домов и (или) иных объектов недвижимости, в установленный срок в орган, осуществляющий контроль и надзор в области долевого строительства многоквартирных домов и (или) иных объектов недвижимости, сведений и (или) документов, которые необходимы для осуществления указанных контроля и надзора и перечень которых устанавливается органами государственной власти субъектов Российской Федерации, а равно представление таких сведений и (или) документов не в полном объеме или недостоверных сведений -
влечет наложение административного штрафа на должностных лиц в размере от пяти тысяч до пятнадцати тысяч рублей; на юридических лиц - от пятидесяти тысяч до двухсот тысяч рублей. (часть 4 введена Федеральным законом от 17.06.2010 N 119-ФЗ)
Примечание. В случае нарушения лицом требований к привлечению денежных средств гражданина, связанному с возникающим у гражданина правом собственности на жилое помещение в многоквартирном доме, который на момент привлечения таких денежных средств гражданина не введен в эксплуатацию в порядке, установленном законодательством о градостроительной деятельности, административная ответственность, установленная частью 1 настоящей статьи, наступает в отношении каждого случая неправомерного привлечения денежных средств гражданина в отдельности. (примечание введено Федеральным законом от 17.06.2010 N 119-ФЗ)
Статья 14.29. Незаконное получение или предоставление кредитного отчета
(введена Федеральным законом от 30.12.2004 N 219-ФЗ (ред. 21.03.2005))
Незаконные действия по получению или предоставлению кредитного отчета либо информации, составляющей кредитную историю и входящей в кредитный отчет, если такие действия не содержат уголовно наказуемого деяния, -
влекут наложение административного штрафа на граждан в размере от одной тысячи до двух тысяч пятисот рублей; на должностных лиц - от двух тысяч пятисот до пяти тысяч рублей или дисквалификацию на срок до трех лет; на юридических лиц - от тридцати тысяч до пятидесяти тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 14.30. Нарушение установленного порядка сбора, хранения, защиты и обработки сведений, составляющих кредитную историю
(введена Федеральным законом от 30.12.2004 N 219-ФЗ (ред. 21.03.2005))
Нарушение бюро кредитных историй установленного порядка сбора, хранения, защиты и обработки сведений, составляющих кредитную историю, -
влечет наложение административного штрафа на должностных лиц в размере от двух тысяч пятисот до пяти тысяч рублей; на юридических лиц - от десяти тысяч до двадцати тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 14.31. Злоупотребление доминирующим положением на товарном рынке
(в ред. Федерального закона от 06.12.2011 N 404-ФЗ)
1. Совершение занимающим доминирующее положение на товарном рынке хозяйствующим субъектом, за исключением субъекта естественной монополии, действий, признаваемых злоупотреблением
доминирующим положением и недопустимых в соответствии с антимонопольным законодательством Российской Федерации, если такие действия приводят или могут привести к ущемлению интересов других лиц и при этом результатом таких действий не является и не может являться недопущение, ограничение или устранение конкуренции, за исключением случаев, предусмотренных статьей 14.31.1 настоящего Кодекса, -
влечет наложение административного штрафа на должностных лиц в размере от пятнадцати тысяч до двадцати тысяч рублей; на юридических лиц - от трехсот тысяч до одного миллиона рублей.
2. Совершение занимающим доминирующее положение на товарном рынке хозяйствующим субъектом действий, признаваемых злоупотреблением доминирующим положением и недопустимых в соответствии с антимонопольным законодательством Российской Федерации, если результатом таких действий является или может являться недопущение, ограничение или устранение конкуренции, за исключением случаев, предусмотренных статьей 14.31.1 настоящего Кодекса, либо совершение субъектом естественной монополии действий, признаваемых злоупотреблением доминирующим положением и недопустимых в соответствии с антимонопольным законодательством Российской Федерации, -
влечет наложение административного штрафа на должностных лиц в размере от двадцати тысяч до пятидесяти тысяч рублей либо дисквалификацию на срок до трех лет; на юридических лиц - от одной сотой до пятнадцати сотых размера суммы выручки правонарушителя от реализации товара (работы, услуги), на рынке которого совершено административное правонарушение, но не более одной пятидесятой совокупного размера суммы выручки правонарушителя от реализации всех товаров (работ, услуг) и не менее ста тысяч рублей, а в случае, если сумма выручки правонарушителя от реализации товара (работы, услуги), на рынке которого совершено административное правонарушение, превышает 75 процентов совокупного размера суммы выручки правонарушителя от реализации всех товаров (работ, услуг) или административное правонарушение совершено на рынке товаров (работ, услуг), реализация которых осуществляется по регулируемым в соответствии с законодательством Российской Федерации ценам (тарифам), - в размере от трех тысячных до трех сотых размера суммы выручки правонарушителя от реализации товара (работы, услуги), на рынке которого совершено административное правонарушение, но не более одной пятидесятой совокупного размера суммы выручки правонарушителя от реализации всех товаров (работ, услуг) и не менее ста тысяч рублей.
Примечания:
1. Для целей применения настоящей главы выручка от реализации товаров (работ, услуг) определяется в соответствии со статьями 248 и 249 Налогового кодекса Российской Федерации.
2. При назначении административного наказания за совершение административного правонарушения, предусмотренного настоящей статьей либо статьей 14.31.1, 14.31.2 или 14.33 настоящего Кодекса, в отношении юридического лица учитываются обстоятельства, смягчающие административную ответственность, предусмотренные пунктами 2 - 7 части 1 статьи 4.2 настоящего Кодекса.
3. При назначении административного наказания за совершение административного правонарушения, предусмотренного настоящей статьей либо статьей 14.31.1, 14.31.2 или 14.33 настоящего Кодекса, в отношении юридического лица учитываются обстоятельства, отягчающие административную ответственность, предусмотренные пунктами 1 и 2 части 1 статьи 4.3 настоящего Кодекса, а также следующие обстоятельства, отягчающие административную ответственность:
1) совершение длящегося административного правонарушения, продолжительность которого превышает один год;
2) причинение в результате совершения административного правонарушения ущерба гражданам, организациям или государству в размере более одного миллиона рублей либо извлечение в результате совершения административного правонарушения дохода в размере более пяти миллионов рублей;
3) совершение административного правонарушения двумя и более лицами, входящими в группу лиц, определяемую в соответствии с антимонопольным законодательством Российской Федерации.
4. За совершение административного правонарушения, предусмотренного настоящей статьей либо статьей 14.31.1, 14.31.2, 14.32 или 14.33 настоящего Кодекса, при отсутствии обстоятельств, смягчающих и отягчающих административную ответственность, административный штраф налагается на юридическое лицо в размере суммы минимального размера административного штрафа, предусмотренного за
совершение данного административного правонарушения, и половины разности максимального размера административного штрафа, предусмотренного за совершение данного административного правонарушения, и минимального размера административного штрафа, предусмотренного за совершение данного административного правонарушения. При наличии обстоятельств, смягчающих административную ответственность, размер административного штрафа, налагаемого на юридическое лицо, подлежит уменьшению за каждое такое обстоятельство на одну восьмую разности максимального размера административного штрафа, предусмотренного за совершение данного административного правонарушения, и минимального размера административного штрафа, предусмотренного за совершение данного административного правонарушения. При наличии обстоятельств, отягчающих административную ответственность, размер административного штрафа, налагаемого на юридическое лицо, подлежит увеличению за каждое такое обстоятельство на одну восьмую разности максимального размера административного штрафа, предусмотренного за совершение данного административного правонарушения, и минимального размера административного штрафа, предусмотренного за совершение данного административного правонарушения.
Статья 14.31.1. Злоупотребление доминирующим положением хозяйствующим субъектом, доля которого на рынке определенного товара составляет менее 35 процентов
(введена Федеральным законом от 17.07.2009 N 160-ФЗ)
Совершение занимающим доминирующее положение на товарном рынке хозяйствующим субъектом, доля которого на рынке определенного товара составляет менее 35 процентов (за исключением хозяйствующего субъекта, занимающего доминирующее положение на рынке определенного товара, если в отношении такого рынка федеральными законами в целях их применения установлены случаи признания доминирующим положения хозяйствующего субъекта, доля которого на рынке определенного товара составляет менее 35 процентов), действий, признаваемых злоупотреблением доминирующим положением и недопустимых в соответствии с антимонопольным законодательством Российской Федерации, -
влечет наложение административного штрафа на должностных лиц в размере от пятнадцати тысяч до двадцати тысяч рублей; на юридических лиц - от трехсот тысяч до одного миллиона рублей.
Статья 14.31.2. Манипулирование ценами на оптовом и (или) розничных рынках электрической энергии (мощности)
(введена Федеральным законом от 06.12.2011 N 404-ФЗ)
1. Манипулирование ценами на оптовом и (или) розничных рынках электрической энергии (мощности) участниками оптового и (или) розничного рынков электрической энергии (мощности), не занимающими доминирующего положения на соответствующих рынках электрической энергии (мощности), -
влечет наложение административного штрафа на должностных лиц в размере от двадцати тысяч до пятидесяти тысяч рублей; на юридических лиц - от пятисот тысяч до одного миллиона рублей.
2. Совершение административного правонарушения, предусмотренного частью 1 настоящей статьи, должностным лицом, ранее подвергнутым административному наказанию за аналогичное административное правонарушение, -
влечет дисквалификацию на срок от одного года до трех лет.
Статья 14.32. Заключение ограничивающего конкуренцию соглашения, осуществление ограничивающих конкуренцию согласованных действий, координация экономической деятельности
(в ред. Федерального закона от 17.07.2009 N 160-ФЗ)
1. Заключение хозяйствующим субъектом недопустимого в соответствии с антимонопольным законодательством Российской Федерации соглашения, а равно участие в нем или осуществление хозяйствующим субъектом недопустимых в соответствии с антимонопольным законодательством Российской Федерации согласованных действий -
влечет наложение административного штрафа на должностных лиц в размере от двадцати тысяч до пятидесяти тысяч рублей либо дисквалификацию на срок до трех лет; на юридических лиц - от одной сотой до пятнадцати сотых размера суммы выручки правонарушителя от реализации товара (работы, услуги), на рынке которого совершено административное правонарушение, либо от одной десятой до одной второй
начальной стоимости предмета торгов, но не менее ста тысяч рублей, а в случае, если сумма выручки правонарушителя от реализации товара (работы, услуги), на рынке которого совершено административное правонарушение, превышает 75 процентов совокупного размера суммы выручки правонарушителя от реализации всех товаров (работ, услуг) или административное правонарушение совершено на рынке товаров (работ, услуг), реализация которых осуществляется по регулируемым в соответствии с законодательством Российской Федерации ценам (тарифам), - в размере от трех тысячных до трех сотых размера суммы выручки правонарушителя от реализации товара (работы, услуги), на рынке которого совершено административное правонарушение, но не менее ста тысяч рублей. (в ред. Федерального закона от 06.12.2011 N 404-ФЗ)
2. Координация экономической деятельности хозяйствующих субъектов, недопустимая в соответствии с антимонопольным законодательством Российской Федерации, -
влечет наложение административного штрафа на должностных лиц в размере от двадцати тысяч до пятидесяти тысяч рублей либо дисквалификацию на срок до трех лет; на юридических лиц - от одной сотой до пятнадцати сотых размера суммы выручки правонарушителя от реализации товара (работы, услуги), на рынке которого совершено административное правонарушение, но не менее ста тысяч рублей, а в случае, если сумма выручки правонарушителя от реализации товара (работы, услуги), на рынке которого совершено административное правонарушение, превышает 75 процентов совокупного размера суммы выручки правонарушителя от реализации всех товаров (работ, услуг) или административное правонарушение совершено на рынке товаров (работ, услуг), реализация которых осуществляется по регулируемым в соответствии с законодательством Российской Федерации ценам (тарифам), - в размере от трех тысячных до трех сотых размера суммы выручки правонарушителя от реализации товара (работы, услуги), на рынке которого совершено административное правонарушение, но не менее ста тысяч рублей. (в ред. Федерального закона от 06.12.2011 N 404-ФЗ)
3. Заключение федеральным органом исполнительной власти, органом исполнительной власти субъекта Российской Федерации, органом местного самоуправления, иными осуществляющими функции указанных органов органом или организацией, государственным внебюджетным фондом недопустимого в соответствии с антимонопольным законодательством Российской Федерации соглашения или осуществление указанными органами или организациями недопустимых в соответствии с антимонопольным законодательством Российской Федерации согласованных действий -
влечет наложение административного штрафа на должностных лиц в размере от двадцати тысяч до пятидесяти тысяч рублей либо дисквалификацию на срок до трех лет.
Примечания:
1. Лицо (группа лиц, определяемая в соответствии с антимонопольным законодательством Российской Федерации), добровольно заявившее в федеральный антимонопольный орган, его территориальный орган о заключении им недопустимого в соответствии с антимонопольным законодательством Российской Федерации соглашения или об осуществлении недопустимых в соответствии с антимонопольным законодательством Российской Федерации согласованных действий, освобождается от административной ответственности за административные правонарушения, предусмотренные частями 1 и 3 настоящей статьи, при выполнении в совокупности следующих условий: (в ред. Федерального закона от 06.12.2011 N 404-ФЗ)
на момент обращения лица с заявлением антимонопольный орган не располагал соответствующими сведениями и документами о совершенном административном правонарушении;
лицо отказалось от участия или дальнейшего участия в соглашении либо от осуществления или дальнейшего осуществления согласованных действий;
представленные сведения и документы являются достаточными для установления события административного правонарушения.
Освобождению от административной ответственности подлежит лицо, первым выполнившее все условия, предусмотренные настоящим примечанием.
2. Не подлежит рассмотрению заявление, поданное одновременно от имени нескольких лиц, заключивших недопустимое в соответствии с антимонопольным законодательством Российской Федерации соглашение или осуществлявших недопустимые в соответствии с антимонопольным законодательством
Российской Федерации согласованные действия.
3. При назначении административного наказания за совершение административного правонарушения, предусмотренного настоящей статьей, в отношении юридического лица учитываются обстоятельства, смягчающие административную ответственность, предусмотренные пунктами 2 - 7 части 1 статьи 4.2 настоящего Кодекса, а также следующие обстоятельства, смягчающие административную ответственность:
1) лицо, совершившее административное правонарушение, не является организатором ограничивающих конкуренцию соглашения или согласованных действий и (или) получило обязательные для исполнения указания участвовать в них;
2) лицо, совершившее административное правонарушение, не приступило к исполнению заключенного им ограничивающего конкуренцию соглашения. (п. 3 введен Федеральным законом от 06.12.2011 N 404-ФЗ)
4. При назначении административного наказания за совершение административного правонарушения, предусмотренного настоящей статьей, в отношении юридического лица учитываются обстоятельства, отягчающие административную ответственность, предусмотренные пунктами 1 и 2 части 1 статьи 4.3, пунктами 1 и 2 примечания 3 к статье 14.31 настоящего Кодекса, а также следующие обстоятельства, отягчающие административную ответственность:
1) организация лицом, совершившим административное правонарушение, ограничивающих конкуренцию соглашения или согласованных действий;
2) принуждение лицом, совершившим административное правонарушение, иных лиц к совершению административного правонарушения либо к продолжению участия в ограничивающих конкуренцию соглашении или согласованных действиях. (п. 4 введен Федеральным законом от 06.12.2011 N 404-ФЗ)
Статья 14.33. Недобросовестная конкуренция
(введена Федеральным законом от 09.04.2007 N 45-ФЗ)
1. Недобросовестная конкуренция, если эти действия не содержат уголовно наказуемого деяния, за исключением случаев, предусмотренных статьей 14.3 настоящего Кодекса и частью 2 настоящей статьи, -
влечет наложение административного штрафа на должностных лиц в размере от двенадцати тысяч до двадцати тысяч рублей; на юридических лиц - от ста тысяч до пятисот тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
2. Недобросовестная конкуренция, выразившаяся во введении в оборот товара с незаконным использованием результатов интеллектуальной деятельности и приравненных к ним средств индивидуализации юридического лица, средств индивидуализации продукции, работ, услуг, -
влечет наложение административного штрафа на должностных лиц в размере двадцати тысяч рублей либо дисквалификацию на срок до трех лет; на юридических лиц - от одной сотой до пятнадцати сотых размера суммы выручки правонарушителя от реализации товара (работы, услуги), на рынке которого совершено правонарушение, но не менее ста тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 14.34. Нарушение правил организации деятельности по продаже товаров (выполнению работ, оказанию услуг) на розничных рынках
(введена Федеральным законом от 19.07.2007 N 141-ФЗ)
1. Разработка и утверждение схемы размещения торговых мест на розничном рынке без согласования с органами, уполномоченными на осуществление контроля за обеспечением пожарной безопасности, за охраной общественного порядка, а также с органами по контролю и надзору в сфере обеспечения санитарно-эпидемиологического благополучия населения или органами по надзору в сфере защиты прав потребителей и благополучия человека -
влекут наложение административного штрафа на должностных лиц в размере от двадцати пяти тысяч
до пятидесяти тысяч рублей; на юридических лиц - от двухсот пятидесяти тысяч до пятисот тысяч рублей.
КонсультантПлюс: примечание. В соответствии с пунктом 2 статьи 15 Федерального закона от 30.12.2006 N 271-ФЗ торговые места
предоставляются юридическим лицам, индивидуальным предпринимателям, зарегистрированным в установленном законодательством Российской Федерации порядке, и гражданам (в том числе гражданам, ведущим крестьянские (фермерские) хозяйства, личные подсобные хозяйства или занимающимся садоводством, огородничеством, животноводством) по договорам о предоставлении торговых мест на срок, не превышающий срока действия разрешений.
В соответствии с пунктом 4 статьи 16 вышеуказанного закона торговые места на сельскохозяйственном рынке предоставляются на срок, не превышающий трех месяцев.
2. Организация и предоставление торговых мест на розничном рынке, не предусмотренных схемой их размещения, при отсутствии указанной схемы или без заключения договоров о предоставлении торговых мест, а равно предоставление торговых мест на срок, превышающий срок, установленный федеральным законом, -
влечет наложение административного штрафа на должностных лиц в размере от пяти тысяч до двадцати тысяч рублей; на юридических лиц - от ста тысяч до трехсот тысяч рублей.
3. Незаконный отказ или уклонение от предоставления торговых мест на розничном рынке, если обязательность их предоставления в соответствующем случае предусмотрена федеральным законом, -
влечет наложение административного штрафа на должностных лиц в размере от пяти тысяч до двадцати тысяч рублей; на юридических лиц - от ста тысяч до трехсот тысяч рублей.
4. Предоставление товаропроизводителям на сельскохозяйственном рынке или членам сельскохозяйственного потребительского кооператива на сельскохозяйственном кооперативном рынке торговых мест в количестве менее установленного федеральным законом либо предоставление торгового места на сельскохозяйственном рынке или на сельскохозяйственном кооперативном рынке на основании коллективного обращения без соблюдения условий, установленных федеральным законом, -
влечет наложение административного штрафа на должностных лиц в размере от пяти тысяч до двадцати тысяч рублей; на юридических лиц - от ста тысяч до трехсот тысяч рублей.
5. Организация деятельности по продаже товаров (выполнению работ, оказанию услуг) на розничном рынке при отсутствии паспорта безопасности, а равно нарушение установленных требований к оформлению или утверждению паспорта безопасности розничного рынка -
влечет наложение административного штрафа на должностных лиц в размере от двадцати пяти тысяч до пятидесяти тысяч рублей; на юридических лиц - от двухсот пятидесяти тысяч до пятисот тысяч рублей.
6. Уклонение от ведения реестра продавцов или реестра договоров о предоставлении торговых мест -
влечет наложение административного штрафа на должностных лиц в размере от пяти тысяч до двадцати тысяч рублей; на юридических лиц - от ста тысяч до трехсот тысяч рублей.
7. Несвоевременное или неточное внесение записей в реестр продавцов или реестр договоров о предоставлении торговых мест либо хранение или ведение реестра продавцов или реестра договоров о предоставлении торговых мест в местах, доступных для посторонних лиц, или в условиях, при которых не обеспечивается предотвращение утраты, искажения или подделки содержащейся в указанных реестрах информации, -
влечет наложение административного штрафа на должностных лиц в размере от пяти тысяч до двадцати тысяч рублей; на юридических лиц - от ста тысяч до трехсот тысяч рублей.
8. Организация и осуществление деятельности по продаже товаров (выполнению работ, оказанию услуг) на розничном рынке без оформления и (или) выдачи карточки продавца либо без соблюдения требований, предъявляемых к ее оформлению, -
влекут наложение административного штрафа на должностных лиц в размере от пяти тысяч до
двадцати тысяч рублей; на юридических лиц - от ста тысяч до трехсот тысяч рублей.
Примечание. Административная ответственность, установленная настоящей статьей, не применяется за нарушения в сфере организации деятельности по продаже энергетических ресурсов на розничных рынках и по продаже товаров (выполнению работ, оказанию услуг) на ярмарках, организуемых вне пределов розничных рынков и имеющих временный характер, а также за нарушение установленного органом государственной власти субъекта Российской Федерации упрощенного порядка предоставления торговых мест на розничном рынке. (в ред. Федерального закона от 23.12.2010 N 369-ФЗ)
Статья 14.35. Нарушение законодательства о государственном кадастровом учете недвижимого имущества и кадастровой деятельности
(введена Федеральным законом от 13.05.2008 N 66-ФЗ)
КонсультантПлюс: примечание. О порядке внесения сведений о недвижимом имуществе в государственный кадастр недвижимости
см. главу 2 Федерального закона от 24.07.2007 N 221-ФЗ и Приказ Минэкономразвития РФ от 04.02.2010 N 42.
1. Несвоевременное или неточное внесение сведений о недвижимом имуществе в государственный кадастр недвижимости должностными лицами органа, осуществляющего государственный кадастровый учет недвижимого имущества и ведение государственного кадастра недвижимости, или подведомственных данному органу государственных учреждений -
влечет наложение административного штрафа на должностных лиц в размере от одной тысячи до двух тысяч рублей.
2. Незаконный отказ в предоставлении или несвоевременное предоставление указанными в части 1 настоящей статьи должностными лицами внесенных в государственный кадастр недвижимости сведений -
влечет наложение административного штрафа на должностных лиц в размере от одной тысячи до двух тысяч рублей.
3. Нарушение установленного законом порядка информационного взаимодействия при ведении государственного кадастра недвижимости должностным лицом, ответственным за представление в указанном порядке соответствующего документа, а равно представление в указанном порядке документа, содержащего недостоверные сведения, -
влечет предупреждение или наложение административного штрафа на должностных лиц в размере от трех тысяч до пяти тысяч рублей.
4. Внесение лицом, осуществляющим кадастровую деятельность, заведомо ложных сведений в межевой план, акт согласования местоположения границ земельных участков, технический план или акт обследования, если это действие не содержит уголовно наказуемого деяния, -
влечет наложение административного штрафа в размере пяти тысяч рублей или дисквалификацию на срок до трех лет.
Статья 14.36. Непредставление или несвоевременное представление документов о споре, связанном с созданием юридического лица, управлением им или участием в нем
(введена Федеральным законом от 19.07.2009 N 205-ФЗ)
Непредставление или несвоевременное представление документов о споре, связанном с созданием юридического лица, управлением им или участием в нем, участникам (акционерам, членам, учредителям) юридического лица в случае, если представление таких документов предусмотрено законом, -
влечет наложение административного штрафа на должностных лиц в размере от двух тысяч до пяти тысяч рублей или дисквалификацию на срок до трех лет; на юридических лиц - от десяти тысяч до пятидесяти тысяч рублей.
Статья 14.37. Нарушения требований к установке рекламной конструкции
(введена Федеральным законом от 28.12.2009 N 380-ФЗ)
Установка рекламной конструкции без предусмотренного законодательством разрешения на ее установку и (или) установка рекламной конструкции с нарушением требований технического регламента, за исключением случаев, предусмотренных частью 2 статьи 11.21 настоящего Кодекса, -
влечет наложение административного штрафа на граждан в размере от одной тысячи до одной тысячи пятисот рублей; на должностных лиц - от трех тысяч до пяти тысяч рублей; на юридических лиц - от пятидесяти тысяч до восьмидесяти тысяч рублей.
Статья 14.38. Размещение рекламы на дорожных знаках и транспортных средствах
(введена Федеральным законом от 28.12.2009 N 380-ФЗ)
1. Размещение рекламы, имеющей сходство с дорожными знаками, или размещение рекламы на знаке дорожного движения, его опоре или любом ином приспособлении, предназначенном для регулирования дорожного движения, -
влечет наложение административного штрафа на граждан в размере от двух тысяч до двух тысяч пятисот рублей; на должностных лиц - от десяти тысяч до пятнадцати тысяч рублей; на юридических лиц - от ста тысяч до двухсот тысяч рублей.
2. Использование транспортного средства исключительно или преимущественно в качестве передвижной рекламной конструкции -
влечет наложение административного штрафа на граждан в размере от двух тысяч до двух тысяч пятисот рублей; на должностных лиц - от пяти тысяч до десяти тысяч рублей; на юридических лиц - от пятидесяти тысяч до двухсот тысяч рублей.
3. Размещение рекламы на транспортном средстве, на наружные поверхности которого нанесены специальные цветографические схемы автомобилей оперативных служб, транспортном средстве, оборудованном устройствами для подачи специальных световых и звуковых сигналов, транспортном средстве федеральной почтовой связи, на боковых поверхностях которого расположены по диагонали белые полосы на синем фоне, а также на транспортном средстве, предназначенном для перевозки опасных грузов, -
влечет наложение административного штрафа на граждан в размере от двух тысяч до двух тысяч пятисот рублей; на должностных лиц - от пяти тысяч до десяти тысяч рублей; на юридических лиц - от пятидесяти тысяч до двухсот тысяч рублей.
4. Размещение на транспортном средстве рекламы, создающей угрозу безопасности дорожного движения, в том числе рекламы, ограничивающей обзор лицу, управляющему транспортным средством, и другим участникам дорожного движения, -
влечет наложение административного штрафа на граждан в размере от двух тысяч до двух тысяч пятисот рублей; на должностных лиц - от десяти тысяч до двадцати тысяч рублей; на юридических лиц - от двухсот тысяч до пятисот тысяч рублей.
5. Распространение звуковой рекламы с использованием транспортных средств, а также звуковое сопровождение рекламы, распространяемой с использованием транспортных средств, -
влечет наложение административного штрафа на граждан в размере от двух тысяч до двух тысяч пятисот рублей; на должностных лиц - от четырех тысяч до семи тысяч рублей; на юридических лиц - от сорока тысяч до ста тысяч рублей.
Статья 14.39 применяется до 31 декабря 2016 года (пункт 5 Федерального закона от 30.07.2010 N 242-ФЗ).
Статья 14.39. Нарушение требований законодательства о предоставлении гостиничных услуг, услуг по временному размещению и (или) обеспечению временного проживания
(введена Федеральным законом от 30.07.2010 N 242-ФЗ)
Предоставление гостиничных услуг, услуг по временному размещению и (или) обеспечению временного проживания без свидетельства о присвоении гостинице или иному средству размещения категории, предусмотренной системой классификации гостиниц и иных средств размещения, если в соответствии с законодательством Российской Федерации наличие такого свидетельства является обязательным, -
влечет наложение административного штрафа на должностных лиц в размере от семи тысяч до десяти тысяч рублей; на юридических лиц - от сорока тысяч до пятидесяти тысяч рублей.
Положения статьи 14.40 распространяются на правоотношения, регулируемые Федеральным законом от 28 декабря 2009 года N 381-ФЗ "Об основах государственного регулирования торговой деятельности в Российской Федерации" (статья 14.42 данного документа).
Статья 14.40. Нарушение антимонопольных правил, установленных федеральным законом, при осуществлении торговой деятельности
(введена Федеральным законом от 28.12.2010 N 411-ФЗ)
1. Создание хозяйствующим субъектом, осуществляющим торговую деятельность по продаже продовольственных товаров посредством организации торговой сети, или хозяйствующим субъектом, осуществляющим поставки продовольственных товаров в торговые сети, дискриминационных условий, в том числе создание препятствий для доступа на товарный рынок или выхода из товарного рынка других хозяйствующих субъектов, за исключением случаев, предусмотренных статьями 14.31, 14.31.1 настоящего Кодекса, -
влечет наложение административного штрафа на должностных лиц в размере от двадцати тысяч до сорока тысяч рублей; на юридических лиц - от двух миллионов до пяти миллионов рублей.
2. Навязывание хозяйствующим субъектом, осуществляющим торговую деятельность по продаже продовольственных товаров посредством организации торговой сети, или хозяйствующим субъектом, осуществляющим поставки продовольственных товаров в торговые сети, контрагенту условий, запрещенных федеральным законом, за исключением случаев, предусмотренных статьями 14.31, 14.31.1 настоящего Кодекса, -
влечет наложение административного штрафа на должностных лиц в размере от тридцати тысяч до пятидесяти тысяч рублей; на юридических лиц - от двух миллионов пятисот тысяч до пяти миллионов рублей.
3. Осуществление хозяйствующим субъектом, осуществляющим торговую деятельность по продаже продовольственных товаров посредством организации торговой сети, и (или) хозяйствующим субъектом, осуществляющим поставки продовольственных товаров в торговые сети, оптовой торговли на основе договора комиссии или смешанного договора, содержащего существенные условия договора комиссии, -
влечет наложение административного штрафа на должностных лиц в размере от десяти тысяч до пятидесяти тысяч рублей; на юридических лиц - от одного миллиона пятисот тысяч до четырех миллионов пятисот тысяч рублей.
Примечание. Административная ответственность, предусмотренная частью 3 настоящей статьи, устанавливается в зависимости от степени вины субъекта, осуществляющего торговую деятельность по продаже продовольственных товаров посредством организации торговой сети, и хозяйствующего субъекта, осуществляющего поставки продовольственных товаров в торговые сети.
Положения статьи 14.41 распространяются на правоотношения, регулируемые Федеральным законом от 28 декабря 2009 года N 381-ФЗ "Об основах государственного регулирования торговой деятельности в Российской Федерации" (статья 14.42 данного документа).
Статья 14.41. Нарушение установленных федеральным законом требований по предоставлению информации об условиях заключения договора поставки продовольственных товаров при осуществлении торговой деятельности
(введена Федеральным законом от 28.12.2010 N 411-ФЗ)
1. Непредоставление хозяйствующим субъектом, осуществляющим торговую деятельность посредством организации торговой сети, запрашиваемой контрагентом информации об условиях отбора контрагента для заключения договора поставки продовольственных товаров, о существенных условиях такого договора -
влечет наложение административного штрафа на должностных лиц в размере от двадцати тысяч до сорока тысяч рублей; на юридических лиц - от трехсот тысяч до пятисот тысяч рублей.
2. Непредоставление хозяйствующим субъектом, осуществляющим поставки продовольственных товаров, запрашиваемой контрагентом информации об условиях отбора контрагента для заключения договора поставки продовольственных товаров, о существенных условиях такого договора и информации о качестве и безопасности поставляемых продовольственных товаров -
влечет наложение административного штрафа на должностных лиц в размере от двадцати тысяч до сорока тысяч рублей; на юридических лиц - от трехсот тысяч до пятисот тысяч рублей.
Статья 14.42. Нарушение установленных федеральным законом требований к условиям заключения договора поставки продовольственных товаров при осуществлении торговой деятельности
(введена Федеральным законом от 28.12.2010 N 411-ФЗ)
1. Включение хозяйствующим субъектом, осуществляющим торговую деятельность, и (или) хозяйствующим субъектом, осуществляющим поставки продовольственных товаров, в цену договора поставки продовольственных товаров вознаграждения, выплачиваемого хозяйствующему субъекту, осуществляющему торговую деятельность, в связи с приобретением им у хозяйствующего субъекта, осуществляющего поставки продовольственных товаров, определенного количества продовольственных товаров в размере, превышающем 10 процентов от цены приобретенных продовольственных товаров, либо выплата указанного вознаграждения в связи с приобретением хозяйствующим субъектом, осуществляющим торговую деятельность, отдельных видов социально значимых продовольственных товаров, указанных в перечне, установленном Правительством Российской Федерации, -
влечет наложение административного штрафа на должностных лиц в размере от двадцати тысяч до сорока тысяч рублей; на юридических лиц - от одного миллиона до пяти миллионов рублей.
2. Включение хозяйствующим субъектом, осуществляющим торговую деятельность, в цену договора поставки продовольственных товаров иных видов вознаграждения за исполнение хозяйствующим субъектом, осуществляющим торговую деятельность, условий такого договора и (или) его изменение, за исключением вознаграждения, выплачиваемого хозяйствующему субъекту, осуществляющему торговую деятельность, в связи с приобретением им у хозяйствующего субъекта, осуществляющего поставки продовольственных товаров, определенного количества продовольственных товаров, -
влечет наложение административного штрафа на должностных лиц в размере от двадцати тысяч до сорока тысяч рублей; на юридических лиц - от одного миллиона до пяти миллионов рублей.
3. Установление хозяйствующим субъектом, осуществляющим торговую деятельность, и (или) хозяйствующим субъектом, осуществляющим поставки продовольственных товаров, в договоре поставки продовольственных товаров сроков оплаты таких товаров, превышающих сроки, установленные федеральным законом, -
влечет наложение административного штрафа на должностных лиц в размере от двадцати тысяч до сорока тысяч рублей; на юридических лиц - от одного миллиона до пяти миллионов рублей.
4. Установление хозяйствующим субъектом, осуществляющим торговую деятельность, и (или) хозяйствующим субъектом, осуществляющим поставки продовольственных товаров, в договоре поставки продовольственных товаров запрета на перемену лиц в обязательстве по такому договору путем уступки требования либо установление гражданско-правовой ответственности за несоблюдение указанного запрета сторонами договора -
влечет наложение административного штрафа на должностных лиц в размере от двадцати тысяч до сорока тысяч рублей; на юридических лиц - от одного миллиона до пяти миллионов рублей.
5. Включение хозяйствующим субъектом, осуществляющим торговую деятельность, и (или) хозяйствующим субъектом, осуществляющим поставки продовольственных товаров, в договор поставки продовольственных товаров условий о совершении хозяйствующим субъектом, осуществляющим торговую деятельность, в отношении поставленных продовольственных товаров определенных действий, об оказании услуг по рекламированию товаров, маркетингу или подобных услуг, направленных на продвижение продовольственных товаров (совершение действий, влияющих на увеличение оборота продовольственных товаров), -
влечет наложение административного штрафа на должностных лиц в размере от двадцати тысяч до сорока тысяч рублей; на юридических лиц - от одного миллиона до пяти миллионов рублей.
6. Понуждение хозяйствующим субъектом, осуществляющим торговую деятельность, или хозяйствующим субъектом, осуществляющим поставки продовольственных товаров, к заключению договора возмездного оказания услуг, направленных на продвижение продовольственных товаров (совершение действий, влияющих на увеличение оборота продовольственных товаров), при заключении договора поставки таких товаров -
влечет наложение административного штрафа на должностных лиц в размере от тридцати тысяч до пятидесяти тысяч рублей; на юридических лиц - от трех миллионов до пяти миллионов рублей.
Примечания:
1. Для целей применения части 6 настоящей статьи под понуждением понимаются действия лица, которые направлены на заключение договора поставки продовольственных товаров, при условии заключения иного договора.
2. Положения настоящей статьи, устанавливающие административную ответственность хозяйствующего субъекта, осуществляющего торговую деятельность, и хозяйствующего субъекта, осуществляющего поставки продовольственных товаров, распространяются на лиц, входящих с ними в одну группу в соответствии с Федеральным законом от 26 июля 2006 года N 135-ФЗ "О защите конкуренции".
3. Положения статей 14.40 и 14.41 настоящей главы и настоящей статьи распространяются на правоотношения, регулируемые Федеральным законом от 28 декабря 2009 года N 381-ФЗ "Об основах государственного регулирования торговой деятельности в Российской Федерации".
Статья 14.43. Нарушение изготовителем, исполнителем (лицом, выполняющим функции иностранного изготовителя), продавцом требований технических регламентов
(введена Федеральным законом от 18.07.2011 N 237-ФЗ)
1. Нарушение изготовителем, исполнителем (лицом, выполняющим функции иностранного изготовителя), продавцом требований технических регламентов или подлежащих применению до дня вступления в силу соответствующих технических регламентов обязательных требований к продукции либо к продукции и связанным с требованиями к продукции процессам проектирования (включая изыскания), производства, строительства, монтажа, наладки, эксплуатации, хранения, перевозки, реализации и утилизации либо выпуск в обращение продукции, не соответствующей таким требованиям, за исключением случаев, предусмотренных статьями 9.4, 10.3, 10.6, 10.8, частью 2 статьи 11.21, статьями 14.37, 14.44, 14.46, 20.4 настоящего Кодекса, -
влечет наложение административного штрафа на граждан в размере от одной тысячи до двух тысяч рублей; на должностных лиц - от десяти тысяч до двадцати тысяч рублей; на лиц, осуществляющих предпринимательскую деятельность без образования юридического лица, - от двадцати тысяч до тридцати тысяч рублей; на юридических лиц - от ста тысяч до трехсот тысяч рублей.
2. Действия, предусмотренные частью 1 настоящей статьи, повлекшие причинение вреда жизни или здоровью граждан, имуществу физических или юридических лиц, государственному или муниципальному имуществу, окружающей среде, жизни или здоровью животных и растений либо создавшие угрозу причинения вреда жизни или здоровью граждан, окружающей среде, жизни или здоровью животных и
растений, -
влекут наложение административного штрафа на граждан в размере от двух тысяч до четырех тысяч рублей с конфискацией предметов административного правонарушения либо без таковой; на должностных лиц - от двадцати тысяч до тридцати тысяч рублей; на лиц, осуществляющих предпринимательскую деятельность без образования юридического лица, - от тридцати тысяч до сорока тысяч рублей с конфискацией предметов административного правонарушения либо без таковой; на юридических лиц - от трехсот тысяч до шестисот тысяч рублей с конфискацией предметов административного правонарушения либо без таковой.
3. Повторное в течение года совершение административного правонарушения, предусмотренного частью 2 настоящей статьи, -
влечет наложение административного штрафа на граждан в размере от четырех тысяч до пяти тысяч рублей с конфискацией предметов административного правонарушения; на должностных лиц - от тридцати тысяч до сорока тысяч рублей; на лиц, осуществляющих предпринимательскую деятельность без образования юридического лица, - от сорока тысяч до пятидесяти тысяч рублей с конфискацией предметов административного правонарушения либо административное приостановление деятельности на срок до девяноста суток с конфискацией предметов административного правонарушения; на юридических лиц - от семисот тысяч до одного миллиона рублей с конфискацией предметов административного правонарушения либо административное приостановление деятельности на срок до девяноста суток с конфискацией предметов административного правонарушения.
Примечание. Под подлежащими применению до дня вступления в силу соответствующих технических регламентов обязательными требованиями в настоящей статье и статье 14.47 настоящего Кодекса понимаются обязательные требования к продукции либо к продукции и связанным с требованиями к продукции процессам проектирования (включая изыскания), производства, строительства, монтажа, наладки, эксплуатации, хранения, перевозки, реализации и утилизации, установленные нормативными правовыми актами, принятыми Комиссией Таможенного союза в соответствии с Соглашением Таможенного союза по санитарным мерам от 11 декабря 2009 года, а также не противоречащие им требования нормативных правовых актов Российской Федерации и нормативных правовых актов федеральных органов исполнительной власти, подлежащих обязательному исполнению в соответствии с пунктами 1, 1.1, 6.2 статьи 46 Федерального закона от 27 декабря 2002 года N 184-ФЗ "О техническом регулировании".
Статья 14.44. Недостоверное декларирование соответствия продукции
(введена Федеральным законом от 18.07.2011 N 237-ФЗ)
1. Недостоверное декларирование соответствия продукции -
влечет наложение административного штрафа на должностных лиц в размере от пятнадцати тысяч до двадцати пяти тысяч рублей; на юридических лиц - от ста тысяч до трехсот тысяч рублей.
2. Недостоверное декларирование соответствия впервые выпускаемой в обращение продукции, относящейся к виду, типу продукции, в отношении которой предусмотрена обязательная сертификация, либо недостоверное декларирование такой продукции на основании собственных доказательств в случае, если отсутствуют или не могут быть применены документы в области стандартизации, в результате применения которых обеспечивается соблюдение требований технических регламентов, -
влечет наложение административного штрафа на должностных лиц в размере от двадцати пяти тысяч до тридцати пяти тысяч рублей; на юридических лиц - от трехсот тысяч до пятисот тысяч рублей.
3. Действия, предусмотренные частями 1 и 2 настоящей статьи, повлекшие причинение вреда жизни или здоровью граждан, имуществу физических или юридических лиц, государственному или муниципальному имуществу, окружающей среде, жизни или здоровью животных и растений либо создавшие угрозу причинения вреда жизни или здоровью граждан, окружающей среде, жизни или здоровью животных и растений, -
влекут наложение административного штрафа на должностных лиц в размере от тридцати пяти тысяч до пятидесяти тысяч рублей; на юридических лиц - от семисот тысяч до одного миллиона рублей.
Статья 14.45. Нарушение порядка реализации продукции, подлежащей обязательному подтверждению соответствия
(введена Федеральным законом от 18.07.2011 N 237-ФЗ)
Реализация продукции, подлежащей обязательному подтверждению соответствия, без указания в сопроводительной документации сведений о сертификате соответствия или декларации о соответствии -
влечет наложение административного штрафа на должностных лиц в размере от двадцати тысяч до сорока тысяч рублей; на юридических лиц - от ста тысяч до трехсот тысяч рублей.
Статья 14.46. Нарушение порядка маркировки продукции, подлежащей обязательному подтверждению соответствия
(введена Федеральным законом от 18.07.2011 N 237-ФЗ)
1. Маркировка продукции знаком обращения продукции на рынке, соответствие которой требованиям технических регламентов не подтверждено в порядке, предусмотренном законодательством о техническом регулировании, либо маркировка знаком соответствия продукции, соответствие которой требованиям технических регламентов не подтверждено в порядке, предусмотренном законодательством о техническом регулировании, -
влечет наложение административного штрафа на должностных лиц в размере от десяти тысяч до двадцати тысяч рублей; на юридических лиц - от ста тысяч до трехсот тысяч рублей.
2. Действия, предусмотренные частью 1 настоящей статьи, повлекшие причинение вреда жизни или здоровью граждан, имуществу физических или юридических лиц, государственному или муниципальному имуществу, окружающей среде, жизни или здоровью животных и растений либо создавшие угрозу причинения вреда жизни или здоровью граждан, окружающей среде, жизни или здоровью животных и растений, -
влекут наложение административного штрафа на должностных лиц в размере от тридцати тысяч до пятидесяти тысяч рублей; на юридических лиц - от семисот тысяч до одного миллиона рублей.
Примечание. Под знаком обращения продукции на рынке в настоящей статье и других статьях настоящего Кодекса следует понимать знак обращения на рынке Российской Федерации, единый знак обращения продукции на рынке государств - членов Таможенного союза и единый знак обращения продукции на рынке государств - членов ЕврАзЭС.
Статья 14.47. Нарушение правил выполнения работ по сертификации
(введена Федеральным законом от 18.07.2011 N 237-ФЗ)
1. Нарушение правил выполнения работ по сертификации либо выдача сертификата соответствия с нарушением требований законодательства о техническом регулировании -
влечет наложение административного штрафа на должностных лиц в размере от двадцати тысяч до сорока тысяч рублей или дисквалификацию на срок до одного года; на юридических лиц - от четырехсот тысяч до пятисот тысяч рублей.
2. Действия, предусмотренные частью 1 настоящей статьи, повлекшие за собой выпуск в обращение продукции, не соответствующей требованиям технических регламентов или подлежащим применению до вступления в силу соответствующих технических регламентов обязательным требованиям, -
влекут наложение административного штрафа на должностных лиц в размере от тридцати тысяч до пятидесяти тысяч рублей или дисквалификацию на срок от одного года до трех лет; на юридических лиц - от шестисот тысяч до одного миллиона рублей.
3. Необоснованная выдача органом по сертификации или отказ в выдаче сертификата соответствия либо необоснованное приостановление или прекращение действия сертификата соответствия -
влечет наложение административного штрафа на должностных лиц в размере от двадцати тысяч до тридцати тысяч рублей или дисквалификацию на срок от шести месяцев до одного года; на юридических лиц - от пятидесяти тысяч до ста тысяч рублей.
Статья 14.48. Представление недостоверных результатов исследований (испытаний)
(введена Федеральным законом от 18.07.2011 N 237-ФЗ)
Представление испытательной лабораторией (центром) для целей оценки (подтверждения) соответствия недостоверных или необъективных результатов исследований (испытаний) и (или) измерений продукции -
влечет наложение административного штрафа на должностных лиц в размере от тридцати тысяч до пятидесяти тысяч рублей либо дисквалификацию на срок от одного года до трех лет; на юридических лиц - от четырехсот тысяч до пятисот тысяч рублей.
Статья 14.49. Нарушение обязательных требований в отношении оборонной продукции (выполняемых работ, оказываемых услуг)
(введена Федеральным законом от 18.07.2011 N 237-ФЗ)
Нарушение изготовителем (лицом, выполняющим функции иностранного изготовителя), поставщиком (подрядчиком, исполнителем) обязательных требований в отношении оборонной продукции (выполняемых работ, оказываемых услуг), поставляемой по государственному оборонному заказу, продукции (выполняемых работ, оказываемых услуг), используемой в целях защиты сведений, составляющих государственную тайну или относимых к охраняемой в соответствии с законодательством Российской Федерации иной информации ограниченного доступа, продукции (выполняемых работ, оказываемых услуг), сведения о которой составляют государственную тайну, продукции (выполняемых работ, оказываемых услуг) и объектов, связанных с обеспечением ядерной и радиационной безопасности в области использования атомной энергии, процессов проектирования (включая изыскания), производства, строительства, монтажа, наладки, эксплуатации, хранения, перевозки, реализации, утилизации, захоронения, связанных с обязательными требованиями в отношении указанной продукции и объектов, установленными в соответствии с законодательством о техническом регулировании, в том числе государственными заказчиками, федеральными органами исполнительной власти, уполномоченными в области обеспечения безопасности, обороны, внешней разведки, противодействия техническим разведкам и технической защиты информации, государственного управления использованием атомной энергии, государственного регулирования безопасности при использовании атомной энергии, и (или) государственными контрактами (договорами), -
влечет наложение административного штрафа на должностных лиц в размере от сорока тысяч до пятидесяти тысяч рублей; на юридических лиц - от семисот тысяч до одного миллиона рублей.
Статья 14.50. Неисполнение обязанностей и требований при осуществлении внешнеторговых бартерных сделок
(введена Федеральным законом от 06.12.2011 N 409-ФЗ)
Неисполнение в установленные сроки при осуществлении внешнеторговых бартерных сделок обязанности по ввозу в Российскую Федерацию равноценных по стоимости товаров, оказанию иностранными лицами равноценных услуг, выполнению равноценных работ, передаче равноценных исключительных прав на объекты интеллектуальной собственности или предоставлению права на использование объектов интеллектуальной собственности либо обязанности по зачислению на счета в уполномоченных банках денежных средств в случае, если внешнеторговые бартерные сделки предусматривают частичное использование денежных и (или) иных платежных средств, или в случае реализации товаров без их ввоза в Российскую Федерацию либо неподтверждение факта исполнения такой обязанности -
влечет наложение административного штрафа на должностных лиц в размере от десяти тысяч до двадцати тысяч рублей; на юридических лиц - от одной второй до однократного размера стоимости товаров, явившихся предметами административного правонарушения.
В соответствии с Федеральным законом от 27.06.2011 N 162-ФЗ, вступающим в силу по истечении одного года после дня его официального опубликования, глава 15 будет дополнена статьей 15.36.
О применении главы 15 см. Постановление Пленума Верховного Суда РФ от 24.10.2006 N 18.
Глава 15. АДМИНИСТРАТИВНЫЕ ПРАВОНАРУШЕНИЯ В ОБЛАСТИ ФИНАНСОВ, НАЛОГОВ И СБОРОВ, СТРАХОВАНИЯ,
РЫНКА ЦЕННЫХ БУМАГ (в ред. Федерального закона от 24.07.2009 N 213-ФЗ)
Статья 15.1. Нарушение порядка работы с денежной наличностью и порядка ведения кассовых операций, а также нарушение требований об использовании специальных банковских счетов (в ред. Федерального закона от 27.06.2011 N 162-ФЗ)
1. Нарушение порядка работы с денежной наличностью и порядка ведения кассовых операций, выразившееся в осуществлении расчетов наличными деньгами с другими организациями сверх установленных размеров, неоприходовании (неполном оприходовании) в кассу денежной наличности, несоблюдении порядка хранения свободных денежных средств, а равно в накоплении в кассе наличных денег сверх установленных лимитов, -
влечет наложение административного штрафа на должностных лиц в размере от четырех тысяч до пяти тысяч рублей; на юридических лиц - от сорока тысяч до пятидесяти тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
2. Нарушение платежными агентами, осуществляющими деятельность в соответствии с Федеральным законом от 3 июня 2009 года N 103-ФЗ "О деятельности по приему платежей физических лиц, осуществляемой платежными агентами", банковскими платежными агентами и банковскими платежными субагентами, осуществляющими деятельность в соответствии с Федеральным законом "О национальной платежной системе", обязанностей по сдаче в кредитную организацию полученных от плательщиков при приеме платежей наличных денежных средств для зачисления в полном объеме на свой специальный банковский счет (счета), а равно неиспользование платежными агентами, поставщиками, банковскими платежными агентами, банковскими платежными субагентами специальных банковских счетов для осуществления соответствующих расчетов -
влекут наложение административного штрафа на должностных лиц в размере от четырех тысяч до пяти тысяч рублей; на юридических лиц - от сорока тысяч до пятидесяти тысяч рублей. (часть 2 введена Федеральным законом от 27.06.2011 N 162-ФЗ)
Статья 15.2. Утратила силу. - Федеральный закон от 02.04.2012 N 30-ФЗ.
Статья 15.3. Нарушение срока постановки на учет в налоговом органе
1. Нарушение установленного срока подачи заявления о постановке на учет в налоговом органе - (в ред. Федерального закона от 24.07.2009 N 213-ФЗ)
влечет предупреждение или наложение административного штрафа на должностных лиц в размере от пятисот до одной тысячи рублей. (в ред. Федеральных законов от 22.06.2007 N 116-ФЗ, от 27.07.2010 N 239-ФЗ)
2. Нарушение установленного срока подачи заявления о постановке на учет в налоговом органе, сопряженное с ведением деятельности без постановки на учет в налоговом органе, - (в ред. Федерального закона от 24.07.2009 N 213-ФЗ)
влечет наложение административного штрафа на должностных лиц в размере от двух тысяч до трех тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Примечание. Административная ответственность, установленная в отношении должностных лиц в настоящей статье, статьях 15.4 - 15.9, 15.11 настоящего Кодекса, применяется к лицам, указанным в статье 2.4 настоящего Кодекса, за исключением граждан, осуществляющих предпринимательскую деятельность без образования юридического лица.
Статья 15.4. Нарушение срока представления сведений об открытии и о закрытии счета в банке или иной кредитной организации
Нарушение установленного срока представления в налоговый орган информации об открытии или о закрытии счета в банке или иной кредитной организации - (в ред. Федерального закона от 24.07.2009 N 213-ФЗ)
влечет предупреждение или наложение административного штрафа на должностных лиц в размере от одной тысячи до двух тысяч рублей. (в ред. Федеральных законов от 22.06.2007 N 116-ФЗ, от 27.07.2010 N 239-ФЗ)
Статья 15.5. Нарушение сроков представления налоговой декларации
Нарушение установленных законодательством о налогах и сборах сроков представления налоговой декларации в налоговый орган по месту учета -
влечет предупреждение или наложение административного штрафа на должностных лиц в размере от трехсот до пятисот рублей. (в ред. Федеральных законов от 22.06.2007 N 116-ФЗ, от 27.07.2010 N 239-ФЗ)
Статья 15.6. Непредставление сведений, необходимых для осуществления налогового контроля
1. Непредставление в установленный законодательством о налогах и сборах срок либо отказ от представления в налоговые органы, таможенные органы оформленных в установленном порядке документов и (или) иных сведений, необходимых для осуществления налогового контроля, а равно представление таких сведений в неполном объеме или в искаженном виде, за исключением случаев, предусмотренных частью 2 настоящей статьи, - (в ред. Федерального закона от 24.07.2009 N 213-ФЗ)
влечет наложение административного штрафа на граждан в размере от ста до трехсот рублей; на должностных лиц - от трехсот до пятисот рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
2. Непредставление должностным лицом органа, осуществляющего государственную регистрацию юридических лиц и индивидуальных предпринимателей, выдачу физическим лицам лицензий на право занятия частной практикой, регистрацию лиц по месту жительства, регистрацию актов гражданского состояния, учет и регистрацию имущества и сделок с ним, либо нотариусом или должностным лицом, уполномоченным совершать нотариальные действия, в установленный срок в налоговые органы сведений, необходимых для осуществления налогового контроля, а равно представление таких сведений в неполном объеме или в искаженном виде - (в ред. Федерального закона от 08.12.2003 N 169-ФЗ)
влечет наложение административного штрафа в размере от пятисот до одной тысячи рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 15.7. Нарушение порядка открытия счета налогоплательщику
1. Открытие банком или иной кредитной организацией счета организации или индивидуальному предпринимателю без предъявления ими свидетельства о постановке на учет в налоговом органе - (в ред. Федерального закона от 23.12.2003 N 185-ФЗ)
влечет наложение административного штрафа на должностных лиц в размере от одной тысячи до двух тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
2. Открытие банком или иной кредитной организацией счета организации или индивидуальному предпринимателю при наличии у банка или иной кредитной организации решения налогового органа либо таможенного органа о приостановлении операций по счетам этого лица -
влечет наложение административного штрафа на должностных лиц в размере от двух тысяч до трех тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
КонсультантПлюс: примечание. Текст статьи приведен в соответствии с изменениями, внесенными Федеральным законом от
24.07.2009 N 213-ФЗ.
Статья 15.8. Нарушение срока исполнения поручения о перечислении налога или сбора (взноса)
Нарушение банком или иной кредитной организацией установленного срока исполнения поручения налогоплательщика (плательщика сбора) или налогового агента о перечислении налога или сбора, а равно инкассового поручения (распоряжения) налогового органа, таможенного органа о перечислении налога или сбора, соответствующих пеней и (или) штрафов в бюджет - (в ред. Федерального закона от 24.07.2009 N 213-ФЗ)
влечет наложение административного штрафа на должностных лиц в размере от четырех тысяч до пяти тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 15.9. Неисполнение банком решения о приостановлении операций по счетам налогоплательщика, плательщика сбора или налогового агента
Осуществление банком или иной кредитной организацией расходных операций, не связанных с исполнением обязанностей по уплате налога или сбора либо иного платежного поручения, имеющего в соответствии с законодательством Российской Федерации преимущество в очередности исполнения перед платежами в бюджет, по счетам налогоплательщика, плательщика сбора, налогового агента, сборщика налогов и (или) сборов или иных лиц при наличии у банка или иной кредитной организации решения налогового органа, таможенного органа о приостановлении операций по таким счетам - (в ред. Федерального закона от 24.07.2009 N 213-ФЗ)
влечет наложение административного штрафа на должностных лиц в размере от двух тысяч до трех тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 15.10. Неисполнение банком поручения государственного внебюджетного фонда
1. Неисполнение банком или иной кредитной организацией поручения органа государственного внебюджетного фонда о зачислении во вклады граждан сумм государственных пенсий и (или) других выплат -
влечет наложение административного штрафа на должностных лиц в размере от четырех тысяч до пяти тысяч рублей; на юридических лиц - от сорока тысяч до пятидесяти тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
2. Нарушение банком или иной кредитной организацией установленного срока исполнения поручения плательщика страховых взносов о перечислении страховых взносов, а равно поручения органа государственного внебюджетного фонда, осуществляющего контроль за правильностью исчисления, полнотой и своевременностью уплаты (перечисления) страховых взносов на обязательное социальное страхование, по перечислению страховых взносов, соответствующих пеней и (или) штрафов в бюджет соответствующего внебюджетного фонда -
влечет наложение административного штрафа на должностных лиц в размере от четырех тысяч до пяти тысяч рублей. (часть вторая введена Федеральным законом от 24.07.2009 N 213-ФЗ)
Статья 15.11. Грубое нарушение правил ведения бухгалтерского учета и представления бухгалтерской отчетности
Грубое нарушение правил ведения бухгалтерского учета и представления бухгалтерской отчетности, а равно порядка и сроков хранения учетных документов -
влечет наложение административного штрафа на должностных лиц в размере от двух тысяч до трех тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Примечание. Под грубым нарушением правил ведения бухгалтерского учета и представления бухгалтерской отчетности понимается:
искажение сумм начисленных налогов и сборов не менее чем на 10 процентов;
искажение любой статьи (строки) формы бухгалтерской отчетности не менее чем на 10 процентов.
Статья 15.12. Выпуск или продажа товаров и продукции, в отношении которых установлены требования по маркировке и (или) нанесению информации, необходимой для осуществления налогового контроля, без соответствующей маркировки и (или) информации, а также с нарушением установленного порядка нанесения такой маркировки и (или) информации (в ред. Федерального закона от 26.07.2006 N 134-ФЗ)
1. Выпуск организацией-производителем или индивидуальным предпринимателем товаров и продукции без маркировки и (или) нанесения информации, предусмотренной законодательством Российской Федерации для осуществления налогового контроля, а также с нарушением установленного порядка соответствующей маркировки и (или) нанесения информации в случае, если такая маркировка и (или) нанесение такой информации обязательны, - (в ред. Федерального закона от 26.07.2006 N 134-ФЗ)
влечет наложение административного штрафа на должностных лиц в размере от трех тысяч до пяти тысяч рублей с конфискацией предметов административного правонарушения; на юридических лиц - от тридцати тысяч до пятидесяти тысяч рублей с конфискацией предметов административного правонарушения. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
2. Продажа товаров и продукции без маркировки и (или) нанесения информации, предусмотренной законодательством Российской Федерации для осуществления налогового контроля, в случае если, такая маркировка и (или) нанесение такой информации обязательны, а также хранение, перевозка либо приобретение таких товаров и продукции в целях сбыта - (в ред. Федерального закона от 26.07.2006 N 134-ФЗ)
влечет наложение административного штрафа на граждан в размере от двух тысяч до двух тысяч пятисот рублей с конфискацией предметов административного правонарушения; на должностных лиц - от четырех тысяч до пяти тысяч рублей с конфискацией предметов административного правонарушения; на юридических лиц - от сорока тысяч до пятидесяти тысяч рублей с конфискацией предметов административного правонарушения. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 15.13. Уклонение от подачи декларации об объеме производства и оборота этилового спирта, алкогольной и спиртосодержащей продукции или декларации об использовании этилового спирта
Уклонение от подачи декларации об объеме производства и оборота этилового спирта, алкогольной и спиртосодержащей продукции или декларации об использовании этилового спирта, либо несвоевременная подача одной из таких деклараций, либо включение в одну из таких деклараций заведомо искаженных данных -
влечет наложение административного штрафа на должностных лиц в размере от трех тысяч до четырех тысяч рублей; на юридических лиц - от тридцати тысяч до сорока тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
КонсультантПлюс: примечание. Ответственность юридических лиц за использование не по целевому назначению бюджетных
кредитов установлена законами о федеральном бюджете на 2001, 2002, 2003, 2004, 2005, 2006, 2007 годы.
Статья 15.14. Нецелевое использование бюджетных средств и средств государственных внебюджетных фондов
(в ред. Федерального закона от 30.12.2006 N 270-ФЗ)
1. Использование бюджетных средств получателем бюджетных средств на цели, не соответствующие условиям получения указанных средств, определенным утвержденным бюджетом, бюджетной росписью, уведомлением о бюджетных ассигнованиях, сметой доходов и расходов либо иным документом, являющимся основанием для получения бюджетных средств, если такое действие не содержит уголовно наказуемого деяния, -
влечет наложение административного штрафа на должностных лиц в размере от четырех тысяч до пяти тысяч рублей; на юридических лиц - от сорока тысяч до пятидесяти тысяч рублей.
(в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
2. Использование средств государственных внебюджетных фондов получателем средств государственных внебюджетных фондов на цели, не соответствующие условиям, определенным законодательством, регулирующим их деятельность, и бюджетам указанных фондов, если такое действие не содержит уголовно наказуемого деяния, -
влечет наложение административного штрафа на должностных лиц в размере от четырех тысяч до пяти тысяч рублей; на юридических лиц - от сорока тысяч до пятидесяти тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 15.15. Нарушение срока возврата бюджетных средств, полученных на возвратной основе
Нарушение получателем бюджетных средств срока возврата бюджетных средств, полученных на возвратной основе, -
влечет наложение административного штрафа на должностных лиц в размере от четырех тысяч до пяти тысяч рублей; на юридических лиц - от сорока тысяч до ста тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 15.16. Нарушение сроков перечисления платы за пользование бюджетными средствами
Неперечисление получателем бюджетных средств в установленный срок платы за пользование бюджетными средствами, предоставленными на возмездной основе, -
влечет наложение административного штрафа на должностных лиц в размере от четырех тысяч до пяти тысяч рублей; на юридических лиц - от сорока тысяч до пятидесяти тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 15.17. Недобросовестная эмиссия ценных бумаг
(в ред. Федерального закона от 09.02.2009 N 9-ФЗ)
Нарушение эмитентом установленного федеральными законами и принятыми в соответствии с ними иными нормативными правовыми актами порядка (процедуры) эмиссии ценных бумаг, если это действие не содержит уголовно наказуемого деяния, -
влечет наложение административного штрафа на должностных лиц эмитента в размере от десяти тысяч до тридцати тысяч рублей; на юридических лиц - от пятисот тысяч до семисот тысяч рублей.
Статья 15.18. Незаконные операции с эмиссионными ценными бумагами
(в ред. Федерального закона от 09.02.2009 N 9-ФЗ)
Совершение профессиональными участниками рынка ценных бумаг операций, связанных с переходом прав на эмиссионные ценные бумаги, отчет об итогах выпуска (дополнительного выпуска) которых не зарегистрирован или уведомление об итогах выпуска (дополнительного выпуска) которых не представлено в орган, зарегистрировавший выпуск (дополнительный выпуск) указанных ценных бумаг, если эти действия не содержат уголовно наказуемого деяния, -
влечет наложение административного штрафа на должностных лиц в размере от пяти тысяч до десяти тысяч рублей; на юридических лиц - от трехсот тысяч до пятисот тысяч рублей.
Статья 15.19. Нарушение требований законодательства, касающихся представления и раскрытия информации на финансовых рынках (в ред. Федерального закона от 07.02.2011 N 8-ФЗ)
(в ред. Федерального закона от 09.02.2009 N 9-ФЗ)
1. Непредставление или нарушение эмитентом, профессиональным участником рынка ценных бумаг, клиринговой организацией, акционерным инвестиционным фондом, управляющей компанией акционерного инвестиционного фонда, паевого инвестиционного фонда или негосударственного пенсионного фонда либо
специализированным депозитарием акционерного инвестиционного фонда, паевого инвестиционного фонда или негосударственного пенсионного фонда порядка и сроков представления информации (уведомлений), предусмотренной (предусмотренных) федеральными законами и принятыми в соответствии с ними иными нормативными правовыми актами, а равно представление информации не в полном объеме, и (или) недостоверной информации, и (или) вводящей в заблуждение информации, за исключением случаев, предусмотренных статьей 19.7.3 настоящего Кодекса, если эти действия (бездействие) не содержат уголовно наказуемого деяния, - (в ред. Федерального закона от 07.02.2011 N 8-ФЗ)
влечет наложение административного штрафа на должностных лиц в размере от двадцати тысяч до тридцати тысяч рублей или дисквалификацию на срок до одного года; на юридических лиц - от пятисот тысяч до семисот тысяч рублей.
2. Нераскрытие или нарушение эмитентом, профессиональным участником рынка ценных бумаг, клиринговой организацией, акционерным инвестиционным фондом, управляющей компанией акционерного инвестиционного фонда, паевого инвестиционного фонда или негосударственного пенсионного фонда, специализированным депозитарием акционерного инвестиционного фонда, паевого инвестиционного фонда или негосударственного пенсионного фонда либо лицом, оказывающим услуги по публичному представлению раскрываемой информации, порядка и сроков раскрытия информации, предусмотренной федеральными законами и принятыми в соответствии с ними иными нормативными правовыми актами, а равно раскрытие информации не в полном объеме, и (или) недостоверной информации, и (или) вводящей в заблуждение информации - (в ред. Федерального закона от 07.02.2011 N 8-ФЗ)
влечет наложение административного штрафа на должностных лиц в размере от тридцати тысяч до пятидесяти тысяч рублей или дисквалификацию на срок от одного года до двух лет; на юридических лиц - от семисот тысяч до одного миллиона рублей.
3. Непредставление (нераскрытие) или нарушение лицами, предоставившими обеспечение по облигациям эмитентов, лицами, получившими право прямо или косвенно самостоятельно или совместно с иными лицами распоряжаться определенным количеством голосов, приходящихся на голосующие акции (доли), составляющие уставный капитал эмитентов или клиринговой организации, подконтрольными эмитентам организациями, участниками (акционерами) хозяйственных обществ, лицами, получившими полномочия, необходимые для созыва и проведения внеочередных общих собраний акционеров акционерных обществ, лицами, приобретающими эмиссионные ценные бумаги открытых акционерных обществ на основании добровольного, в том числе конкурирующего, или обязательного предложения, предусмотренного законодательством Российской Федерации об акционерных обществах, а также аффилированными лицами акционерных обществ и лицами, которые в соответствии с федеральным законом признаются заинтересованными в совершении акционерным обществом сделки, порядка и сроков представления (раскрытия) информации, предусмотренной федеральными законами и принятыми в соответствии с ними иными нормативными правовыми актами, за исключением случаев, предусмотренных статьей 19.7.3 настоящего Кодекса, - (в ред. Федеральных законов от 04.10.2010 N 264-ФЗ, от 07.02.2011 N 8-ФЗ)
влечет наложение административного штрафа на граждан в размере от одной тысячи до двух тысяч рублей; на должностных лиц - от десяти тысяч до двадцати тысяч рублей; на юридических лиц - от трехсот тысяч до пятисот тысяч рублей.
Статья 15.20. Воспрепятствование осуществлению прав, удостоверенных ценными бумагами
(в ред. Федерального закона от 09.02.2009 N 9-ФЗ)
Воспрепятствование эмитентом, акционерным инвестиционным фондом, управляющей компанией акционерного инвестиционного фонда, паевого инвестиционного фонда или негосударственного пенсионного фонда либо лицом, осуществляющим ведение реестра владельцев ценных бумаг, осуществлению прав, удостоверенных ценными бумагами, за исключением случаев, предусмотренных частями 1, 2, 4, 5, 8 и 10 статьи 15.23.1 настоящего Кодекса, -
влечет наложение административного штрафа на граждан в размере от двух тысяч до четырех тысяч рублей; на должностных лиц - от двадцати тысяч до тридцати тысяч рублей; на юридических лиц - от пятисот тысяч до семисот тысяч рублей.
Статья 15.21. Неправомерное использование инсайдерской информации
(в ред. Федерального закона от 27.07.2010 N 224-ФЗ)
Неправомерное использование инсайдерской информации, если это действие не содержит уголовно наказуемого деяния, -
влечет наложение административного штрафа на граждан в размере от трех тысяч до пяти тысяч рублей; на должностных лиц - от тридцати тысяч до пятидесяти тысяч рублей или дисквалификацию на срок от одного года до двух лет; на юридических лиц - в размере суммы излишнего дохода либо суммы убытков, которых гражданин, должностное лицо или юридическое лицо избежали в результате неправомерного использования инсайдерской информации, но не менее семисот тысяч рублей.
Примечание. Излишним доходом в настоящей статье и в статье 15.30 настоящего Кодекса признается доход, определяемый как разница между доходом, который был получен в результате незаконных действий, и доходом, который сформировался бы без учета незаконных действий, предусмотренных настоящей статьей.
Статья 15.22. Нарушение правил ведения реестра владельцев ценных бумаг
(в ред. Федерального закона от 09.02.2009 N 9-ФЗ)
1. Незаконный отказ или уклонение от внесения записей в систему ведения реестра владельцев ценных бумаг, либо внесение таких записей без оснований, предусмотренных федеральными законами и принятыми в соответствии с ними иными нормативными правовыми актами, либо внесение в реестр владельцев ценных бумаг недостоверных сведений, а равно невыполнение или ненадлежащее выполнение лицом, осуществляющим ведение реестра владельцев ценных бумаг, требований владельца ценных бумаг или уполномоченного им лица, а также номинального держателя ценных бумаг о предоставлении выписки из системы ведения реестра владельцев ценных бумаг по лицевому счету -
влечет наложение административного штрафа на должностных лиц в размере от тридцати тысяч до пятидесяти тысяч рублей или дисквалификацию на срок от одного года до двух лет; на юридических лиц - от семисот тысяч до одного миллиона рублей.
2. Незаконное ведение реестра владельцев ценных бумаг их эмитентом, а равно в случае замены лица, осуществляющего ведение реестра владельцев ценных бумаг, уклонение такого лица от передачи полученной от эмитента информации, данных и документов, составляющих систему ведения реестра владельцев ценных бумаг, или нарушение предусмотренных федеральными законами и принятыми в соответствии с ними иными нормативными правовыми актами порядка и сроков их передачи -
влечет наложение административного штрафа на должностных лиц в размере от тридцати тысяч до пятидесяти тысяч рублей или дисквалификацию на срок от одного года до двух лет; на юридических лиц - от семисот тысяч до одного миллиона рублей.
3. Иное нарушение лицом, осуществляющим ведение реестра владельцев ценных бумаг, установленных федеральными законами и принятыми в соответствии с ними иными нормативными правовыми актами требований к порядку ведения реестра владельцев ценных бумаг -
влечет наложение административного штрафа на должностных лиц в размере от пяти тысяч до десяти тысяч рублей; на юридических лиц - от ста тысяч до трехсот тысяч рублей.
Статья 15.23. Утратила силу. - Федеральный закон от 09.02.2009 N 9-ФЗ.
Статья 15.23.1. Нарушение требований законодательства о порядке подготовки и проведения общих собраний акционеров, участников обществ с ограниченной (дополнительной) ответственностью и владельцев инвестиционных паев закрытых паевых инвестиционных фондов
(введена Федеральным законом от 09.02.2009 N 9-ФЗ)
1. Незаконный отказ в созыве или уклонение от созыва общего собрания акционеров (общего собрания владельцев инвестиционных паев закрытого паевого инвестиционного фонда), а равно
незаконный отказ или уклонение от внесения в повестку дня общего собрания акционеров вопросов и (или) предложений о выдвижении кандидатов в совет директоров (наблюдательный совет), коллегиальный исполнительный орган, ревизионную комиссию (ревизоры) и счетную комиссию акционерного общества либо кандидата на должность единоличного исполнительного органа акционерного общества -
влечет наложение административного штрафа на граждан в размере от двух тысяч до четырех тысяч рублей; на должностных лиц - от двадцати тысяч до тридцати тысяч рублей или дисквалификацию на срок до одного года; на юридических лиц - от пятисот тысяч до семисот тысяч рублей.
2. Нарушение порядка или срока направления (вручения, опубликования) сообщения о проведении общего собрания акционеров (общего собрания владельцев инвестиционных паев закрытого паевого инвестиционного фонда), а равно непредоставление или нарушение срока предоставления информации (материалов), подлежащей (подлежащих) предоставлению в соответствии с федеральными законами и принятыми в соответствии с ними иными нормативными правовыми актами, при подготовке к проведению общего собрания акционеров (общего собрания владельцев инвестиционных паев закрытого паевого инвестиционного фонда) -
влечет наложение административного штрафа на граждан в размере от двух тысяч до четырех тысяч рублей; на должностных лиц - от двадцати тысяч до тридцати тысяч рублей или дисквалификацию на срок до одного года; на юридических лиц - от пятисот тысяч до семисот тысяч рублей.
3. Нарушение требований федеральных законов и принятых в соответствии с ними иных нормативных правовых актов к составлению списков лиц, имеющих право на участие в общем собрании акционеров (общем собрании владельцев инвестиционных паев закрытого паевого инвестиционного фонда), -
влечет наложение административного штрафа на граждан в размере от двух тысяч до четырех тысяч рублей; на должностных лиц - от двадцати тысяч до тридцати тысяч рублей или дисквалификацию на срок до одного года; на юридических лиц - от пятисот тысяч до семисот тысяч рублей.
4. Ненаправление (невручение, неопубликование) или нарушение срока направления (вручения, опубликования) бюллетеня для голосования лицу, указанному в списке лиц, имеющих право на участие в общем собрании акционеров (общем собрании владельцев инвестиционных паев закрытого паевого инвестиционного фонда), -
влечет наложение административного штрафа на граждан в размере от двух тысяч до четырех тысяч рублей; на должностных лиц - от двадцати тысяч до тридцати тысяч рублей или дисквалификацию на срок до одного года; на юридических лиц - от пятисот тысяч до семисот тысяч рублей.
5. Нарушение требований федеральных законов и принятых в соответствии с ними иных нормативных правовых актов к форме, сроку или месту проведения общего собрания акционеров (общего собрания владельцев инвестиционных паев закрытого паевого инвестиционного фонда), а равно проведение общего собрания акционеров (общего собрания владельцев инвестиционных паев закрытого паевого инвестиционного фонда) с нарушением формы, даты, времени или места его проведения, определенных органом акционерного общества или лицами, созывающими общее собрание акционеров (общее собрание владельцев инвестиционных паев закрытого паевого инвестиционного фонда), -
влечет наложение административного штрафа на граждан в размере от двух тысяч до четырех тысяч рублей; на должностных лиц - от двадцати тысяч до тридцати тысяч рублей или дисквалификацию на срок до одного года; на юридических лиц - от пятисот тысяч до семисот тысяч рублей.
6. Проведение общего собрания акционеров (общего собрания владельцев инвестиционных паев закрытого паевого инвестиционного фонда) при отсутствии кворума, необходимого для его проведения, или рассмотрение отдельных вопросов повестки дня при отсутствии необходимого кворума, а равно изменение повестки дня общего собрания акционеров (общего собрания владельцев инвестиционных паев закрытого паевого инвестиционного фонда) после направления (вручения, опубликования) сообщения о проведении общего собрания акционеров (общего собрания владельцев инвестиционных паев закрытого паевого инвестиционного фонда) -
влечет наложение административного штрафа на граждан в размере от двух тысяч до четырех тысяч рублей; на должностных лиц - от двадцати тысяч до тридцати тысяч рублей или дисквалификацию на срок до одного года; на юридических лиц - от пятисот тысяч до семисот тысяч рублей.
7. Выполнение функций счетной комиссии акционерного общества ненадлежащим органом (лицом) или лицами, избранными в состав счетной комиссии акционерного общества с нарушением требований федерального закона, либо лицами, срок полномочий которых истек, -
влечет наложение административного штрафа на граждан в размере от двух тысяч до четырех тысяч рублей; на должностных лиц - от двадцати тысяч до тридцати тысяч рублей или дисквалификацию на срок до одного года; на юридических лиц - от пятисот тысяч до семисот тысяч рублей.
8. Незаконный отказ члена счетной комиссии акционерного общества (лица, осуществляющего ее функции) или лица, созывающего общее собрание владельцев инвестиционных паев закрытого паевого инвестиционного фонда, регистрировать для участия в общем собрании акционеров (общем собрании владельцев инвестиционных паев закрытого паевого инвестиционного фонда) лиц, имеющих право на участие в общем собрании, либо нарушение указанными лицами требований федеральных законов и принятых в соответствии с ними иных нормативных правовых актов к подсчету голосов при голосовании на общем собрании для определения результатов голосования, содержанию, форме или сроку составления протокола об итогах голосования на общем собрании, либо уклонение указанных лиц от подписания указанного протокола, а равно нарушение членом счетной комиссии акционерного общества (лицом, осуществляющим ее функции) требований федеральных законов и принятых в соответствии с ними иных нормативных правовых актов к порядку определения кворума общего собрания акционеров -
влечет наложение административного штрафа на должностных лиц в размере от двадцати тысяч до тридцати тысяч рублей или дисквалификацию на срок до одного года; на юридических лиц - от пятисот тысяч до семисот тысяч рублей.
9. Нарушение председателем или секретарем общего собрания акционеров (общего собрания владельцев инвестиционных паев закрытого паевого инвестиционного фонда) требований к содержанию, форме или сроку составления протокола общего собрания акционеров (общего собрания владельцев инвестиционных паев закрытого паевого инвестиционного фонда), а равно уклонение указанных лиц от подписания указанного протокола -
влечет наложение административного штрафа на граждан в размере от одной тысячи до двух тысяч рублей; на должностных лиц - от десяти тысяч до двадцати тысяч рублей или дисквалификацию на срок до шести месяцев.
10. Нарушение требований федеральных законов и принятых в соответствии с ними иных нормативных правовых актов по оглашению или доведению до сведения акционеров (владельцев инвестиционных паев закрытого паевого инвестиционного фонда) решений, принятых общим собранием, либо результатов голосования -
влечет наложение административного штрафа на должностных лиц в размере от двадцати тысяч до тридцати тысяч рублей или дисквалификацию на срок до одного года; на юридических лиц - от пятисот тысяч до семисот тысяч рублей.
11. Незаконный отказ в созыве или уклонение от созыва общего собрания участников общества с ограниченной (дополнительной) ответственностью, а равно нарушение требований федеральных законов к порядку созыва, подготовки и проведения общих собраний участников обществ с ограниченной (дополнительной) ответственностью -
влечет наложение административного штрафа на граждан в размере от двух тысяч до четырех тысяч рублей; на должностных лиц - от двадцати тысяч до тридцати тысяч рублей; на юридических лиц - от пятисот тысяч до семисот тысяч рублей.
Примечание. Член совета директоров (наблюдательного совета), ревизионной комиссии, счетной комиссии или ликвидационной комиссии акционерного общества (общества с ограниченной (дополнительной) ответственностью), голосовавший против решения, приведшего к нарушению требований федеральных законов и принятых в соответствии с ними иных нормативных правовых актов, к ответственности, предусмотренной настоящей статьей, не привлекается.
Статья 15.24. Утратила силу. - Федеральный закон от 09.02.2009 N 9-ФЗ.
Статья 15.24.1. Незаконные выдача либо обращение документов, удостоверяющих денежные и иные обязательства
(введена Федеральным законом от 09.02.2009 N 9-ФЗ)
Незаконные выдача либо обращение ценных бумаг или удостоверяющих денежные и иные обязательства и не являющихся ценными бумагами в соответствии с законодательством Российской Федерации документов, за исключением случаев, предусмотренных статьями 15.17 и 15.18 настоящего Кодекса, если эти действия не содержат уголовно наказуемого деяния, -
влечет наложение административного штрафа на должностных лиц в размере от тридцати тысяч до пятидесяти тысяч рублей или дисквалификацию на срок от одного года до двух лет; на юридических лиц - от семисот тысяч до одного миллиона рублей.
Статья 15.25. Нарушение валютного законодательства Российской Федерации и актов органов валютного регулирования
(в ред. Федерального закона от 20.08.2004 N 118-ФЗ)
КонсультантПлюс: примечание. Пункт 10 части 1 статьи 1 и статья 8 Федерального закона от 10.12.2003 N 173-ФЗ "О валютном
регулировании и валютном контроле" об использовании специальных счетов не действуют с 1 января 2007 года.
Статья 16 Федерального закона от 10.12.2003 N 173-ФЗ "О валютном регулировании и валютном контроле", устанавливавшая требование о резервировании, не действует с 1 января 2007 года.
1. Осуществление незаконных валютных операций, то есть осуществление валютных операций, запрещенных валютным законодательством Российской Федерации, или осуществление валютных операций с невыполнением установленных требований об использовании специального счета и требований о резервировании, а равно списание и (или) зачисление денежных средств, внутренних и внешних ценных бумаг со специального счета и на специальный счет с невыполнением установленного требования о резервировании, -
влечет наложение административного штрафа на граждан, должностных лиц и юридических лиц в размере от трех четвертых до одного размера суммы незаконной валютной операции, суммы денежных средств или стоимости внутренних и внешних ценных бумаг, списанных и (или) зачисленных с невыполнением установленного требования о резервировании.
2. Нарушение установленного порядка открытия счетов (вкладов) в банках, расположенных за пределами территории Российской Федерации, -
влечет наложение административного штрафа на граждан в размере от одной тысячи до одной тысячи пятисот рублей; на должностных лиц - от пяти тысяч до десяти тысяч рублей; на юридических лиц - от пятидесяти тысяч до ста тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
КонсультантПлюс: примечание. Статья 21 Федерального закона от 10.12.2003 N 173-ФЗ "О валютном регулировании и валютном
контроле", устанавливавшая обязанность продажи части валютной выручки, не действует с 1 января 2007 года.
3. Невыполнение обязанности по обязательной продаже части валютной выручки, а равно нарушение установленного порядка обязательной продажи части валютной выручки -
влечет наложение административного штрафа на должностных лиц и юридических лиц в размере от трех четвертых до одного размера суммы валютной выручки, не проданной в установленном порядке.
4. Невыполнение резидентом в установленный срок обязанности по получению на свои банковские счета в уполномоченных банках иностранной валюты или валюты Российской Федерации, причитающихся за переданные нерезидентам товары, выполненные для нерезидентов работы, оказанные нерезидентам услуги либо за переданные нерезидентам информацию или результаты интеллектуальной деятельности, в том числе исключительные права на них, -
влечет наложение административного штрафа на должностных лиц и юридических лиц в размере одной стопятидесятой ставки рефинансирования Центрального банка Российской Федерации от суммы денежных средств, зачисленных на счета в уполномоченных банках с нарушением установленного срока, за каждый день просрочки зачисления таких денежных средств и (или) в размере от трех четвертых до одного размера суммы денежных средств, не зачисленных на счета в уполномоченных банках. (в ред. Федерального закона от 16.11.2011 N 312-ФЗ)
5. Невыполнение резидентом в установленный срок обязанности по возврату в Российскую Федерацию денежных средств, уплаченных нерезидентам за не ввезенные в Российскую Федерацию (не полученные в Российской Федерации) товары, невыполненные работы, неоказанные услуги либо за непереданные информацию или результаты интеллектуальной деятельности, в том числе исключительные права на них, - (в ред. Федерального закона от 06.12.2011 N 409-ФЗ)
влечет наложение административного штрафа на должностных лиц и юридических лиц в размере от трех четвертых до одного размера суммы денежных средств, не возвращенных в Российскую Федерацию.
6. Несоблюдение установленных порядка представления форм учета и отчетности по валютным операциям, порядка и (или) сроков представления отчетов о движении средств по счетам (вкладам) в банках за пределами территории Российской Федерации с подтверждающими банковскими документами, нарушение установленного порядка представления подтверждающих документов и информации при осуществлении валютных операций, нарушение установленных правил оформления паспортов сделок либо нарушение установленных сроков хранения учетных и отчетных документов по валютным операциям, подтверждающих документов и информации при осуществлении валютных операций или паспортов сделок - (в ред. Федерального закона от 16.11.2011 N 311-ФЗ)
влекут наложение административного штрафа на должностных лиц в размере от четырех тысяч до пяти тысяч рублей; на юридических лиц - от сорока тысяч до пятидесяти тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
6.1. Нарушение установленных сроков представления форм учета и отчетности по валютным операциям, подтверждающих документов и информации при осуществлении валютных операций не более чем на десять дней -
влечет предупреждение или наложение административного штрафа на должностных лиц в размере от пятисот до одной тысячи рублей; на юридических лиц - от пяти тысяч до пятнадцати тысяч рублей. (часть 6.1 введена Федеральным законом от 16.11.2011 N 311-ФЗ)
6.2. Нарушение установленных сроков представления форм учета и отчетности по валютным операциям, подтверждающих документов и информации при осуществлении валютных операций более чем на десять, но не более чем на тридцать дней -
влечет наложение административного штрафа на должностных лиц в размере от двух тысяч до трех тысяч рублей; на юридических лиц - от двадцати тысяч до тридцати тысяч рублей. (часть 6.2 введена Федеральным законом от 16.11.2011 N 311-ФЗ)
6.3. Нарушение установленных сроков представления форм учета и отчетности по валютным операциям, подтверждающих документов и информации при осуществлении валютных операций более чем на тридцать дней -
влечет наложение административного штрафа на должностных лиц в размере от четырех тысяч до пяти тысяч рублей; на юридических лиц - от сорока тысяч до пятидесяти тысяч рублей. (часть 6.3 введена Федеральным законом от 16.11.2011 N 311-ФЗ)
7. Нарушение установленного порядка ввоза и пересылки в Российскую Федерацию и вывоза и пересылки из Российской Федерации валюты Российской Федерации и внутренних ценных бумаг в документарной форме, за исключением случаев, предусмотренных статьями 16.3 и 16.4 настоящего Кодекса, -
влечет наложение административного штрафа на граждан в размере от пятисот до одной тысячи рублей; на должностных лиц - от одной тысячи до двух тысяч рублей; на юридических лиц - от пяти тысяч
до десяти тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Примечания:
1. Административная ответственность, установленная в отношении должностных лиц частями 1, 3, 4 и 5 настоящей статьи, применяется только к лицам, осуществляющим предпринимательскую деятельность без образования юридического лица.
2. Стоимость внутренних и внешних ценных бумаг определяется на день совершения административного правонарушения по правилам, установленным валютным законодательством Российской Федерации для расчета суммы резервирования по валютной операции.
3. Пересчет иностранной валюты, а также стоимости внутренних и внешних ценных бумаг в валюту Российской Федерации производится по действующему на день совершения или обнаружения административного правонарушения курсу Центрального банка Российской Федерации.
4. Административная ответственность, установленная частью 4 настоящей статьи, не применяется к лицам, обеспечившим получение на свои банковские счета страховой выплаты по договору страхования рисков неисполнения нерезидентом обязательств по внешнеторговому договору (контракту) в порядке и сроки, которые предусмотрены договором страхования, при наступлении страхового случая, предусмотренного установленным Правительством Российской Федерации в соответствии с Федеральным законом от 17 мая 2007 года N 82-ФЗ "О банке развития" порядком осуществления деятельности по страхованию экспортных кредитов и инвестиций от предпринимательских и (или) политических рисков, при условии, что определенное договором страхования значение соотношения страховой суммы и страховой стоимости (уровень страхового возмещения) равно установленному названным порядком значению или превышает его. (п. 4 введен Федеральным законом от 18.07.2011 N 236-ФЗ)
5. Расчет административного штрафа, установленного частью 4 настоящей статьи, выраженного в величине, кратной сумме денежных средств, зачисленных на счета в уполномоченных банках с нарушением установленного срока, осуществляется исходя из размера ставки рефинансирования Центрального банка Российской Федерации, действовавшей в период просрочки. (п. 5 введен Федеральным законом от 16.11.2011 N 312-ФЗ)
Статья 15.26. Нарушение законодательства о банках и банковской деятельности
1. Осуществление кредитной организацией производственной, торговой или страховой деятельности -
влечет наложение административного штрафа в размере от сорока тысяч до пятидесяти тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
2. Нарушение кредитной организацией установленных Банком России нормативов и иных обязательных требований -
влечет предупреждение или наложение административного штрафа в размере от десяти тысяч до тридцати тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
3. Действия, предусмотренные частью 2 настоящей статьи, если они создают реальную угрозу интересам кредиторов (вкладчиков), -
влекут наложение административного штрафа в размере от сорока тысяч до пятидесяти тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 15.26.1. Нарушение законодательства о микрофинансовой деятельности
(введена Федеральным законом от 05.07.2010 N 153-ФЗ)
Нарушение микрофинансовой организацией обязательных требований, установленных
законодательством Российской Федерации о микрофинансовой деятельности и микрофинансовых организациях, -
влечет предупреждение или наложение административного штрафа на юридических лиц в размере от десяти тысяч до тридцати тысяч рублей.
Статья 15.27. Неисполнение требований законодательства о противодействии легализации (отмыванию) доходов, полученных преступным путем, и финансированию терроризма
(в ред. Федерального закона от 08.11.2011 N 308-ФЗ)
1. Неисполнение законодательства в части организации и (или) осуществления внутреннего контроля, не повлекшее непредставления сведений об операциях, подлежащих обязательному контролю, либо об операциях, в отношении которых у сотрудников организации, осуществляющей операции с денежными средствами или иным имуществом, возникают подозрения, что они осуществляются в целях легализации (отмывания) доходов, полученных преступным путем, или финансирования терроризма, а равно повлекшее представление названных сведений в уполномоченный орган с нарушением установленного срока, за исключением случаев, предусмотренных частями 2 - 4 настоящей статьи, -
влечет предупреждение или наложение административного штрафа на должностных лиц в размере от десяти тысяч до тридцати тысяч рублей; на юридических лиц - от пятидесяти тысяч до ста тысяч рублей.
2. Действия (бездействие), предусмотренные частью 1 настоящей статьи, повлекшие непредставление в уполномоченный орган сведений об операциях, подлежащих обязательному контролю, и (или) представление в уполномоченный орган недостоверных сведений об операциях, подлежащих обязательному контролю, а равно непредставление сведений об операциях, в отношении которых у сотрудников организации, осуществляющей операции с денежными средствами или иным имуществом, возникают подозрения, что они осуществляются в целях легализации (отмывания) доходов, полученных преступным путем, или финансирования терроризма, -
влекут наложение административного штрафа на должностных лиц в размере от тридцати тысяч до пятидесяти тысяч рублей; на юридических лиц - от двухсот тысяч до четырехсот тысяч рублей или административное приостановление деятельности на срок до шестидесяти суток.
3. Воспрепятствование организацией, осуществляющей операции с денежными средствами или иным имуществом, проведению уполномоченным или соответствующим надзорным органом проверок либо неисполнение предписаний, выносимых этими органами в целях противодействия легализации (отмыванию) доходов, полученных преступным путем, и финансированию терроризма, -
влечет наложение административного штрафа на должностных лиц в размере от тридцати тысяч до пятидесяти тысяч рублей или дисквалификацию на срок от одного года до двух лет; на юридических лиц - от семисот тысяч до одного миллиона рублей или административное приостановление деятельности на срок до девяноста суток.
4. Неисполнение организацией, осуществляющей операции с денежными средствами или иным имуществом, или ее должностным лицом законодательства о противодействии легализации (отмыванию) доходов, полученных преступным путем, и финансированию терроризма, повлекшее установленные вступившим в законную силу приговором суда легализацию (отмывание) доходов, полученных преступным путем, или финансирование терроризма, если эти действия (бездействие) не содержат уголовно наказуемого деяния, -
влечет наложение административного штрафа на должностных лиц в размере от тридцати тысяч до пятидесяти тысяч рублей или дисквалификацию на срок от одного года до трех лет; на юридических лиц - от пятисот тысяч до одного миллиона рублей или административное приостановление деятельности на срок до девяноста суток.
Примечания: 1. Административная ответственность, установленная в отношении должностных лиц настоящей статьей, не применяется к гражданам, осуществляющим предпринимательскую деятельность без образования юридического лица.
2. За административные правонарушения, предусмотренные частями 1 и 2 настоящей статьи, сотрудники организации, осуществляющей операции с денежными средствами или иным имуществом, в
обязанности которых входит выявление и (или) представление сведений об операциях, подлежащих обязательному контролю, либо об операциях, в отношении которых возникают подозрения, что они осуществляются в целях легализации (отмывания) доходов, полученных преступным путем, или финансирования терроризма, несут ответственность как должностные лица.
Статья 15.28. Нарушение правил приобретения более 30 процентов акций открытого акционерного общества
(введена Федеральным законом от 05.01.2006 N 7-ФЗ)
Нарушение лицом, которое приобрело более 30 процентов акций открытого акционерного общества, правил их приобретения -
влечет наложение административного штрафа на граждан в размере от одной тысячи до двух тысяч пятисот рублей; на должностных лиц - от пяти тысяч до двадцати тысяч рублей; на юридических лиц - от пятидесяти тысяч до пятисот тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 15.29. Нарушение требований законодательства Российской Федерации, касающихся деятельности профессиональных участников рынка ценных бумаг, клиринговых организаций, лиц, осуществляющих функции центрального контрагента, акционерных инвестиционных фондов, негосударственных пенсионных фондов, управляющих компаний акционерных инвестиционных фондов, паевых инвестиционных фондов или негосударственных пенсионных фондов, специализированных депозитариев акционерных инвестиционных фондов, паевых инвестиционных фондов или негосударственных пенсионных фондов (в ред. Федерального закона от 07.02.2011 N 8-ФЗ)
(введена Федеральным законом от 09.02.2009 N 9-ФЗ)
1. Нарушение профессиональным участником рынка ценных бумаг, клиринговой организацией, акционерным инвестиционным фондом, управляющей компанией акционерного инвестиционного фонда, паевого инвестиционного фонда или негосударственного пенсионного фонда либо специализированным депозитарием акционерного инвестиционного фонда, паевого инвестиционного фонда или негосударственного пенсионного фонда установленных федеральными законами и иными нормативными правовыми актами Российской Федерации требований к обособленному учету собственных средств (имущества) и средств (имущества) клиентов - (в ред. Федерального закона от 07.02.2011 N 8-ФЗ)
влечет наложение административного штрафа на должностных лиц в размере от тридцати тысяч до пятидесяти тысяч рублей или дисквалификацию на срок от одного года до двух лет; на юридических лиц - от семисот тысяч до одного миллиона рублей.
2. Нарушение профессиональным участником рынка ценных бумаг, осуществляющим брокерскую или дилерскую деятельность либо деятельность по управлению ценными бумагами, установленных нормативными правовыми актами Российской Федерации правил ведения учета и составления отчетности -
влечет наложение административного штрафа на должностных лиц в размере от двадцати тысяч до тридцати тысяч рублей или дисквалификацию на срок до одного года; на юридических лиц - от пятисот тысяч до семисот тысяч рублей.
3. Совершение профессиональным участником рынка ценных бумаг, осуществляющим брокерскую деятельность либо деятельность по управлению ценными бумагами, сделок по приобретению ценных бумаг и имущественных прав, предназначенных для квалифицированных инвесторов, за счет лица, не являющегося квалифицированным инвестором, либо выдача управляющей компанией паевого инвестиционного фонда инвестиционных паев, предназначенных для квалифицированных инвесторов, лицу, не являющемуся квалифицированным инвестором, либо незаконное признание лица квалифицированным инвестором -
влечет наложение административного штрафа на должностных лиц в размере от тридцати тысяч до пятидесяти тысяч рублей или дисквалификацию на срок от одного года до двух лет; на юридических лиц - от семисот тысяч до одного миллиона рублей.
4. Нарушение профессиональным участником рынка ценных бумаг, осуществляющим брокерскую деятельность, установленных федеральными законами и иными нормативными правовыми актами Российской Федерации требований к совершению маржинальных сделок -
влечет наложение административного штрафа на должностных лиц в размере от двадцати тысяч до тридцати тысяч рублей или дисквалификацию на срок до одного года; на юридических лиц - от пятисот тысяч до семисот тысяч рублей.
5. Нарушение установленных нормативными правовыми актами Российской Федерации и инвестиционной декларацией акционерного инвестиционного фонда или паевого инвестиционного фонда требований к составу активов акционерных инвестиционных фондов или паевых инвестиционных фондов либо неустранение нарушений в структуре активов акционерных инвестиционных фондов или паевых инвестиционных фондов -
влечет наложение административного штрафа на должностных лиц в размере от двадцати тысяч до тридцати тысяч рублей или дисквалификацию на срок до одного года; на юридических лиц - от пятисот тысяч до семисот тысяч рублей.
6. Нарушение управляющей компанией акционерного инвестиционного фонда или паевого инвестиционного фонда предусмотренных федеральными законами и иными нормативными правовыми актами Российской Федерации ограничений ее деятельности -
влечет наложение административного штрафа на должностных лиц в размере от тридцати тысяч до пятидесяти тысяч рублей или дисквалификацию на срок от одного года до двух лет; на юридических лиц - от семисот тысяч до одного миллиона рублей.
7. Неисполнение или ненадлежащее исполнение специализированным депозитарием акционерного инвестиционного фонда, паевого инвестиционного фонда или негосударственного пенсионного фонда установленных федеральными законами и иными нормативными правовыми актами Российской Федерации обязанностей по учету и хранению имущества, а также по осуществлению контроля за распоряжением имуществом, за исключением случая, предусмотренного частью 8 настоящей статьи, -
влечет наложение административного штрафа на должностных лиц в размере от двадцати тысяч до тридцати тысяч рублей или дисквалификацию на срок до одного года; на юридических лиц - от пятисот тысяч до семисот тысяч рублей.
8. Ненаправление либо несвоевременное направление специализированным депозитарием акционерного инвестиционного фонда, паевого инвестиционного фонда или негосударственного пенсионного фонда уведомления в федеральный орган исполнительной власти в области финансовых рынков о нарушениях, выявленных в ходе осуществления контроля, -
влечет наложение административного штрафа на должностных лиц в размере от двадцати тысяч до тридцати тысяч рублей; на юридических лиц - от пятисот тысяч до семисот тысяч рублей.
9. Воспрепятствование профессиональным участником рынка ценных бумаг, клиринговой организацией, лицом, осуществляющим функции центрального контрагента, акционерным инвестиционным фондом, негосударственным пенсионным фондом, управляющей компанией акционерного инвестиционного фонда, паевого инвестиционного фонда или негосударственного пенсионного фонда либо специализированным депозитарием акционерного инвестиционного фонда, паевого инвестиционного фонда или негосударственного пенсионного фонда проведению федеральным органом исполнительной власти в области финансовых рынков проверок либо неисполнение или ненадлежащее исполнение предписаний федерального органа исполнительной власти в области финансовых рынков - (в ред. Федерального закона от 07.02.2011 N 8-ФЗ)
влечет наложение административного штрафа на должностных лиц в размере от тридцати тысяч до пятидесяти тысяч рублей или дисквалификацию на срок от одного года до двух лет; на юридических лиц - от семисот тысяч до одного миллиона рублей.
10. Нарушение негосударственным пенсионным фондом состава активов, в которые размещены пенсионные резервы (инвестированы пенсионные накопления), структуры пенсионных резервов (активов, в которые инвестированы пенсионные накопления) или требований к формированию и использованию страхового резерва негосударственного пенсионного фонда, несоблюдение норматива страхового резерва, нецелевое использование средств пенсионных резервов (средств пенсионных накоплений) либо просрочка выплат пенсий или выплат правопреемникам (в том числе неправильное исчисление выплат) -
влечет наложение административного штрафа на должностных лиц в размере от двадцати тысяч до
тридцати тысяч рублей или дисквалификацию на срок до одного года; на юридических лиц - от пятисот тысяч до семисот тысяч рублей.
11. Нарушение установленных федеральными законами и принятыми в соответствии с ними иными нормативными правовыми актами Российской Федерации ограничений на совмещение профессиональных видов деятельности на рынке ценных бумаг, деятельности клиринговой организации, лица, осуществляющего функции центрального контрагента, акционерного инвестиционного фонда, управляющей компании акционерного инвестиционного фонда, паевого инвестиционного фонда или негосударственного пенсионного фонда либо специализированного депозитария акционерного инвестиционного фонда, паевого инвестиционного фонда или негосударственного пенсионного фонда с иными видами деятельности - (в ред. Федерального закона от 07.02.2011 N 8-ФЗ)
влечет наложение административного штрафа на должностных лиц в размере от тридцати тысяч до пятидесяти тысяч рублей или дисквалификацию на срок от одного года до двух лет; на юридических лиц - от семисот тысяч до одного миллиона рублей.
12. Иное нарушение профессиональным участником рынка ценных бумаг, клиринговой организацией, лицом, осуществляющим функции центрального контрагента, акционерным инвестиционным фондом, негосударственным пенсионным фондом, управляющей компанией акционерного инвестиционного фонда, паевого инвестиционного фонда или негосударственного пенсионного фонда либо специализированным депозитарием акционерного инвестиционного фонда, паевого инвестиционного фонда или негосударственного пенсионного фонда при осуществлении ими соответствующих видов деятельности установленных законодательством требований к этим видам деятельности, за исключением случаев, предусмотренных частями 1 - 11 настоящей статьи, статьями 13.25, 15.18 - 15.20, 15.22, 15.23.1, 15.24.1, 15.30 и 19.7.3 настоящего Кодекса, - (в ред. Федерального закона от 07.02.2011 N 8-ФЗ)
влечет наложение административного штрафа на граждан в размере от одной тысячи до трех тысяч рублей; на должностных лиц - от десяти тысяч до двадцати тысяч рублей; на юридических лиц - от трехсот тысяч до пятисот тысяч рублей.
Статья 15.30. Манипулирование рынком
(в ред. Федерального закона от 27.07.2010 N 224-ФЗ)
Манипулирование рынком, если это действие не содержит уголовно наказуемого деяния, -
влечет наложение административного штрафа на граждан в размере от трех тысяч до пяти тысяч рублей; на должностных лиц - от тридцати тысяч до пятидесяти тысяч рублей или дисквалификацию на срок от одного года до двух лет; на юридических лиц - в размере суммы излишнего дохода либо суммы убытков, которых гражданин, должностное лицо или юридическое лицо избежали в результате манипулирования рынком, но не менее семисот тысяч рублей.
Статья 15.31. Незаконное использование слов "инвестиционный фонд" либо образованных на их основе словосочетаний
(введена Федеральным законом от 09.02.2009 N 9-ФЗ)
Незаконное использование слов "акционерный инвестиционный фонд", "инвестиционный фонд" или "паевой инвестиционный фонд" либо образованных на их основе словосочетаний -
влечет наложение административного штрафа на должностных лиц в размере от десяти тысяч до двадцати тысяч рублей; на юридических лиц - от трехсот тысяч до пятисот тысяч рублей.
Статья 15.32. Нарушение установленного законодательством Российской Федерации об обязательном социальном страховании срока регистрации
(введена Федеральным законом от 24.07.2009 N 213-ФЗ)
Нарушение страхователями установленного законодательством Российской Федерации об обязательном социальном страховании срока регистрации в органах государственных внебюджетных фондов -
(в ред. Федерального закона от 29.11.2010 N 313-ФЗ)
влечет наложение административного штрафа на должностных лиц в размере от пятисот до одной тысячи рублей.
Статья 15.33. Нарушение установленных законодательством Российской Федерации об обязательном социальном страховании порядка и сроков представления документов и (или) иных сведений в органы государственных внебюджетных фондов
(введена Федеральным законом от 24.07.2009 N 213-ФЗ)
1. Нарушение установленного законодательством Российской Федерации о страховых взносах срока представления в органы государственных внебюджетных фондов информации об открытии и о закрытии счета в банке или иной кредитной организации -
влечет наложение административного штрафа на должностных лиц в размере от одной тысячи до двух тысяч рублей.
2. Нарушение установленных законодательством Российской Федерации о страховых взносах сроков представления расчета по начисленным и уплаченным страховым взносам в органы государственных внебюджетных фондов, осуществляющие контроль за уплатой страховых взносов, -
влечет наложение административного штрафа на должностных лиц в размере от трехсот до пятисот рублей.
3. Непредставление в установленный законодательством Российской Федерации о страховых взносах срок либо отказ от представления в органы государственных внебюджетных фондов, осуществляющие контроль за уплатой страховых взносов, а также их должностным лицам оформленных в установленном порядке документов и (или) иных сведений, необходимых для осуществления контроля за правильностью исчисления, полнотой и своевременностью уплаты (перечисления) страховых взносов на обязательное социальное страхование, а равно представление таких сведений в неполном объеме или в искаженном виде -
влечет наложение административного штрафа на должностных лиц в размере от трехсот до пятисот рублей.
4. Непредставление в установленный законодательством Российской Федерации о страховых взносах срок либо отказ от представления в орган государственного внебюджетного фонда, осуществляющий контроль за правильностью выплаты обязательного страхового обеспечения по обязательному социальному страхованию на случай временной нетрудоспособности и в связи с материнством, а также его должностным лицам оформленных в установленном порядке документов и (или) иных сведений, необходимых для осуществления контроля за правильностью выплаты страхового обеспечения по обязательному социальному страхованию на случай временной нетрудоспособности и в связи с материнством, а равно представление таких сведений в неполном объеме или в искаженном виде -
влечет наложение административного штрафа на должностных лиц в размере от трехсот до пятисот рублей.
Примечание. Административная ответственность, установленная в отношении должностных лиц частями 2, 3 и 4 настоящей статьи, применяется к лицам, указанным в статье 2.4 настоящего Кодекса, за исключением граждан, осуществляющих предпринимательскую деятельность без образования юридического лица.
Статья 15.34. Сокрытие страхового случая
(введена Федеральным законом от 24.07.2009 N 213-ФЗ)
Сокрытие страхователем наступления страхового случая при обязательном социальном страховании от несчастных случаев на производстве и профессиональных заболеваний -
влечет наложение административного штрафа на граждан в размере от трехсот до пятисот рублей, на должностных лиц в размере от пятисот до одной тысячи рублей, на юридических лиц в размере от пяти
тысяч до десяти тысяч рублей.
Статья 15.35. Нарушение требований законодательства о противодействии неправомерному использованию инсайдерской информации и манипулированию рынком
(введена Федеральным законом от 27.07.2010 N 224-ФЗ)
1. Неисполнение или ненадлежащее исполнение лицом, обязанным раскрывать инсайдерскую информацию, обязанности по раскрытию инсайдерской информации, за исключением случаев, предусмотренных статьей 15.19 настоящего Кодекса, -
влечет наложение административного штрафа на должностных лиц в размере от двадцати тысяч до тридцати тысяч рублей или дисквалификацию на срок до одного года; на юридических лиц - от пятисот тысяч до семисот тысяч рублей.
2. Неисполнение или ненадлежащее исполнение лицами, обязанными вести список инсайдеров, обязанностей по ведению списка инсайдеров и уведомлению лиц, включенных в список инсайдеров, -
влечет наложение административного штрафа на должностных лиц в размере от двадцати тысяч до тридцати тысяч рублей; на юридических лиц - от трехсот тысяч до пятисот тысяч рублей.
3. Неисполнение или ненадлежащее исполнение инсайдерами обязанности по уведомлению федерального органа исполнительной власти в области финансовых рынков об осуществленных ими операциях с финансовыми инструментами, иностранной валютой и (или) товарами -
влечет наложение административного штрафа на граждан в размере от трех тысяч до пяти тысяч рублей; на должностных лиц в размере от двадцати тысяч до тридцати тысяч рублей; на юридических лиц - от трехсот тысяч до пятисот тысяч рублей.
4. Неисполнение или ненадлежащее исполнение лицом обязанностей по принятию установленных законодательством мер, направленных на предотвращение, выявление и пресечение злоупотреблений на финансовых и товарных рынках, -
влечет наложение административного штрафа на должностных лиц в размере от двадцати тысяч до тридцати тысяч рублей или дисквалификацию на срок до одного года; на юридических лиц - от трехсот тысяч до семисот тысяч рублей.
Глава 16. АДМИНИСТРАТИВНЫЕ ПРАВОНАРУШЕНИЯ В ОБЛАСТИ ТАМОЖЕННОГО ДЕЛА (НАРУШЕНИЕ ТАМОЖЕННЫХ ПРАВИЛ)
(в ред. Федерального закона от 06.12.2011 N 409-ФЗ)
Статья 16.1. Незаконное перемещение через таможенную границу Таможенного союза товаров и (или) транспортных средств международной перевозки
1. Нарушение порядка прибытия товаров и (или) транспортных средств международной перевозки на таможенную территорию Таможенного союза путем их ввоза помимо мест перемещения товаров через таможенную границу Таможенного союза либо иных установленных законодательством государств - членов Таможенного союза мест или вне времени работы таможенных органов либо совершение действий, непосредственно направленных на фактическое пересечение таможенной границы Таможенного союза товарами и (или) транспортными средствами международной перевозки при их убытии с таможенной территории Таможенного союза помимо мест перемещения товаров через таможенную границу Таможенного союза либо иных установленных законодательством государств - членов Таможенного союза мест или вне времени работы таможенных органов либо без разрешения таможенного органа, -
влечет наложение административного штрафа на граждан и юридических лиц в размере от одной второй до трехкратного размера стоимости товаров и (или) транспортных средств, явившихся предметами административного правонарушения, с их конфискацией или без таковой либо конфискацию предметов административного правонарушения; на должностных лиц - от десяти тысяч до двадцати тысяч рублей.
2. Сокрытие товаров от таможенного контроля путем использования тайников или иных способов, затрудняющих обнаружение товаров, либо путем придания одним товарам вида других при перемещении их через таможенную границу Таможенного союза -
влечет наложение административного штрафа на граждан и юридических лиц в размере от одной второй до трехкратного размера стоимости товаров, явившихся предметами административного правонарушения, с их конфискацией или без таковой и конфискацию товаров и (или) транспортных средств, явившихся орудиями совершения административного правонарушения, либо конфискацию предметов административного правонарушения; на должностных лиц - от десяти тысяч до двадцати тысяч рублей.
3. Сообщение в таможенный орган недостоверных сведений о количестве грузовых мест, об их маркировке, о наименовании, весе брутто и (или) об объеме товаров при прибытии на таможенную территорию Таможенного союза, убытии с таможенной территории Таможенного союза либо помещении товаров под таможенную процедуру таможенного транзита или на склад временного хранения путем представления недействительных документов либо использование для этих целей поддельного средства идентификации или подлинного средства идентификации, относящегося к другим товарам и (или) транспортным средствам, -
влечет наложение административного штрафа на граждан в размере от одной тысячи до двух тысяч пятисот рублей с конфискацией товаров, явившихся предметами административного правонарушения, или без таковой либо конфискацию предметов административного правонарушения; на должностных лиц - от пяти тысяч до десяти тысяч рублей; на юридических лиц - от пятидесяти тысяч до ста тысяч рублей с конфискацией товаров, явившихся предметами административного правонарушения, или без таковой либо конфискацию предметов административного правонарушения.
4. Представление в таможенный орган недействительных документов на товары при прибытии на таможенную территорию Таможенного союза, убытии с таможенной территории Таможенного союза либо помещении товаров под таможенную процедуру таможенного транзита или на склад временного хранения, если такие документы могли послужить основанием для несоблюдения установленных международными договорами государств - членов Таможенного союза, решениями Комиссии Таможенного союза и нормативными правовыми актами Российской Федерации, изданными в соответствии с международными договорами государств - членов Таможенного союза, запретов и ограничений, за исключением мер нетарифного регулирования, -
влечет наложение административного штрафа на граждан в размере от одной тысячи пятисот до двух тысяч пятисот рублей; на должностных лиц - от десяти тысяч до двадцати тысяч рублей; на юридических лиц - от пятидесяти тысяч до ста тысяч рублей.
Примечания:
1. За административные правонарушения, предусмотренные настоящей главой, лица, осуществляющие предпринимательскую деятельность без образования юридического лица, несут административную ответственность как юридические лица.
2. Для целей применения настоящей главы под недействительными документами понимаются поддельные документы, документы, полученные незаконным путем, документы, содержащие недостоверные сведения, документы, относящиеся к другим товарам и (или) транспортным средствам, и иные документы, не имеющие юридической силы.
Статья 16.2. Недекларирование либо недостоверное декларирование товаров
1. Недекларирование по установленной форме товаров, подлежащих таможенному декларированию, за исключением случаев, предусмотренных статьей 16.4 настоящего Кодекса, -
влечет наложение административного штрафа на граждан и юридических лиц в размере от одной второй до двукратного размера стоимости товаров, явившихся предметами административного правонарушения, с их конфискацией или без таковой либо конфискацию предметов административного правонарушения; на должностных лиц - от десяти тысяч до двадцати тысяч рублей.
2. Заявление декларантом либо таможенным представителем при таможенном декларировании товаров недостоверных сведений об их наименовании, описании, классификационном коде по единой Товарной номенклатуре внешнеэкономической деятельности Таможенного союза, о стране происхождения, об их таможенной стоимости либо других сведений, если такие сведения послужили или могли послужить основанием для освобождения от уплаты таможенных пошлин, налогов или для занижения их размера, -
влечет наложение административного штрафа на граждан и юридических лиц в размере от одной
второй до двукратной суммы подлежащих уплате таможенных пошлин, налогов с конфискацией товаров, явившихся предметами административного правонарушения, или без таковой либо конфискацию предметов административного правонарушения; на должностных лиц - от десяти тысяч до двадцати тысяч рублей.
3. Заявление декларантом или таможенным представителем при таможенном декларировании товаров недостоверных сведений о товарах либо представление недействительных документов, если такие сведения или документы могли послужить основанием для несоблюдения установленных международными договорами государств - членов Таможенного союза, решениями Комиссии Таможенного союза и нормативными правовыми актами Российской Федерации, изданными в соответствии с международными договорами государств - членов Таможенного союза, запретов и ограничений, -
влечет наложение административного штрафа на граждан в размере от одной тысячи пятисот до двух тысяч пятисот рублей с конфискацией товаров, явившихся предметами административного правонарушения, или без таковой либо конфискацию предметов административного правонарушения; на должностных лиц - от десяти тысяч до двадцати тысяч рублей; на юридических лиц - от ста тысяч до трехсот тысяч рублей с конфискацией товаров, явившихся предметами административного правонарушения, или без таковой либо конфискацию предметов административного правонарушения.
Статья 16.3. Несоблюдение запретов и (или) ограничений на ввоз товаров на таможенную территорию Таможенного союза или в Российскую Федерацию и (или) вывоз товаров с таможенной территории Таможенного союза или из Российской Федерации
1. Несоблюдение установленных международными договорами государств - членов Таможенного союза, решениями Комиссии Таможенного союза и нормативными правовыми актами Российской Федерации, изданными в соответствии с международными договорами государств - членов Таможенного союза, запретов и ограничений, за исключением мер нетарифного регулирования, на ввоз товаров на таможенную территорию Таможенного союза или в Российскую Федерацию и (или) вывоз товаров с таможенной территории Таможенного союза или из Российской Федерации, за исключением случаев, предусмотренных частью 4 статьи 16.1, частью 3 статьи 16.2 настоящего Кодекса, -
влечет наложение административного штрафа на граждан в размере от одной тысячи пятисот до двух тысяч пятисот рублей; на должностных лиц - от десяти тысяч до двадцати тысяч рублей; на юридических лиц - от ста тысяч до трехсот тысяч рублей.
2. Несоблюдение установленных международными договорами государств - членов Таможенного союза, решениями Комиссии Таможенного союза и нормативными правовыми актами Российской Федерации, изданными в соответствии с международными договорами государств - членов Таможенного союза, мер нетарифного регулирования при ввозе товаров на таможенную территорию Таможенного союза или в Российскую Федерацию и (или) при вывозе товаров с таможенной территории Таможенного союза или из Российской Федерации, за исключением случаев, предусмотренных частью 3 статьи 16.2 настоящего Кодекса, -
влечет наложение административного штрафа на граждан в размере от одной тысячи до двух тысяч рублей с конфискацией товаров, явившихся предметами административного правонарушения, или без таковой либо конфискацию предметов административного правонарушения; на должностных лиц - от пяти тысяч до десяти тысяч рублей; на юридических лиц - от пятидесяти тысяч до ста тысяч рублей с конфискацией товаров, явившихся предметами административного правонарушения, или без таковой либо конфискацию предметов административного правонарушения.
Статья 16.4. Недекларирование либо недостоверное декларирование физическими лицами иностранной валюты или валюты Российской Федерации
Недекларирование либо недостоверное декларирование физическими лицами иностранной валюты, валюты Российской Федерации, дорожных чеков либо внешних или внутренних ценных бумаг в документарной форме, перемещаемых через таможенную границу Таможенного союза и подлежащих письменному декларированию, -
влечет наложение административного штрафа на граждан в размере от одной тысячи до двух тысяч пятисот рублей.
Статья 16.5. Нарушение режима зоны таможенного контроля
Перемещение товаров и (или) транспортных средств либо лиц, включая должностных лиц государственных органов, за исключением должностных лиц таможенных органов, через границу зоны таможенного контроля или в ее пределах либо осуществление производственной или иной хозяйственной деятельности без разрешения таможенного органа, если такое разрешение обязательно, -
влечет предупреждение или наложение административного штрафа на граждан в размере от трехсот до пятисот рублей; на должностных лиц - от пятисот до одной тысячи рублей; на юридических лиц - от пяти тысяч до десяти тысяч рублей.
Статья 16.6. Непринятие мер в случае аварии или действия непреодолимой силы
1. Непринятие перевозчиком в случае аварии, действия непреодолимой силы или возникновения иных обстоятельств, препятствующих доставке товаров и (или) транспортных средств в место прибытия либо в место пересечения таможенной границы Таможенного союза, осуществлению остановки или посадки водного или воздушного судна в установленных местах либо перевозке товаров в соответствии с таможенным транзитом, мер по обеспечению сохранности товаров и (или) транспортных средств, за исключением случаев безвозвратной утраты товаров и (или) транспортных средств вследствие обстоятельств, которые перевозчик не мог предотвратить и устранение которых от него не зависело, -
влечет наложение административного штрафа на граждан в размере от одной тысячи пятисот до двух тысяч рублей; на должностных лиц - от трех тысяч до четырех тысяч рублей; на юридических лиц - от тридцати тысяч до сорока тысяч рублей.
2. Несообщение перевозчиком в ближайший таможенный орган об аварии, о действии непреодолимой силы или о возникновении иных обстоятельств, препятствующих доставке товаров и (или) транспортных средств в место прибытия либо в место пересечения таможенной границы Таможенного союза, осуществлению остановки или посадки водного или воздушного судна в установленных местах либо перевозке товаров в соответствии с таможенным транзитом, о месте нахождения товаров и (или) транспортных средств либо необеспечение перевозки товаров и (или) транспортных средств в ближайший таможенный орган или в иное указанное таможенным органом место -
влечет наложение административного штрафа на граждан в размере от трехсот до пятисот рублей; на должностных лиц - от пятисот до одной тысячи рублей; на юридических лиц - от пяти тысяч до десяти тысяч рублей.
Статья 16.7. Представление недействительных документов при совершении таможенных операций
Представление декларантом или иным лицом таможенному представителю либо иному лицу документов для представления их в таможенный орган при совершении таможенных операций, повлекшее за собой заявление таможенному органу таможенным представителем либо иным лицом недостоверных сведений о товарах и (или) несоблюдение установленных международными договорами государств - членов Таможенного союза, решениями Комиссии Таможенного союза и нормативными правовыми актами Российской Федерации, изданными в соответствии с международными договорами государств - членов Таможенного союза, запретов и ограничений, -
влечет наложение административного штрафа на граждан в размере от одной тысячи пятисот до двух тысяч пятисот рублей с конфискацией товаров, явившихся предметами административного правонарушения, или без таковой либо конфискацию предметов административного правонарушения; на должностных лиц - от десяти тысяч до двадцати тысяч рублей; на юридических лиц - от ста тысяч до трехсот тысяч рублей с конфискацией товаров, явившихся предметами административного правонарушения, или без таковой либо конфискацию предметов административного правонарушения.
Статья 16.8. Причаливание к находящимся под таможенным контролем водному судну или другим плавучим средствам
Причаливание к находящимся под таможенным контролем водному судну или другим плавучим средствам, за исключением случаев, если такое причаливание допускается, -
влечет наложение административного штрафа на граждан в размере от пятисот до одной тысячи рублей; на должностных лиц - от одной тысячи до двух тысяч рублей; на юридических лиц - от десяти тысяч до двадцати тысяч рублей.
Статья 16.9. Недоставка, выдача (передача) без разрешения таможенного органа либо утрата товаров или недоставка документов на них
1. Недоставка товаров, перевозимых в соответствии с таможенным транзитом, в место доставки либо выдача (передача) без разрешения таможенного органа или утрата товаров, находящихся под таможенным контролем, -
влечет наложение административного штрафа на граждан в размере от одной тысячи пятисот до двух тысяч пятисот рублей с конфискацией товаров, явившихся предметами административного правонарушения, или без таковой; на должностных лиц - от десяти тысяч до двадцати тысяч рублей; на юридических лиц - от трехсот тысяч до пятисот тысяч рублей с конфискацией товаров, явившихся предметами административного правонарушения, или без таковой.
2. Недоставка таможенных, коммерческих или транспортных (перевозочных) документов на товары, перевозимые в соответствии с таможенным транзитом, в место доставки -
влечет наложение административного штрафа на граждан в размере от трехсот до пятисот рублей; на должностных лиц - от пятисот до одной тысячи рублей; на юридических лиц - от пяти тысяч до десяти тысяч рублей.
Статья 16.10. Несоблюдение порядка таможенного транзита
Несоблюдение перевозчиком установленного таможенным органом срока таможенного транзита или определенного таможенным органом маршрута перевозки товаров либо доставка товаров в зону таможенного контроля, отличную от определенной таможенным органом в качестве места доставки, -
влечет предупреждение или наложение административного штрафа на граждан в размере от трехсот до пятисот рублей; на должностных лиц - от пятисот до одной тысячи рублей; на юридических лиц - от пяти тысяч до десяти тысяч рублей.
Статья 16.11. Уничтожение, удаление, изменение либо замена средств идентификации
Уничтожение, удаление, изменение либо замена средств идентификации, используемых таможенным органом, без разрешения таможенного органа или повреждение либо утрата таких средств идентификации -
влечет наложение административного штрафа на граждан в размере от трехсот до одной тысячи рублей; на должностных лиц - от пятисот до двух тысяч рублей; на юридических лиц - от пяти тысяч до двадцати тысяч рублей.
Статья 16.12. Несоблюдение сроков подачи таможенной декларации или представления документов и сведений
1. Несоблюдение установленных сроков подачи полной таможенной декларации при временном периодическом таможенном декларировании, итоговой декларации на товары при декларировании товаров в несобранном или разобранном виде либо таможенной декларации и (или) необходимых документов и сведений при выпуске товаров до подачи таможенной декларации -
влечет наложение административного штрафа на должностных лиц в размере от трех тысяч до пяти тысяч рублей; на юридических лиц - от десяти тысяч до пятидесяти тысяч рублей.
2. Подача таможенной декларации с нарушением установленных сроков в случаях, если декларирование осуществляется после фактического вывоза товаров, -
влечет наложение административного штрафа на должностных лиц в размере от пяти тысяч до десяти тысяч рублей; на юридических лиц - от пятидесяти тысяч до ста тысяч рублей.
3. Непредставление в установленный таможенным органом срок документов и сведений, необходимых для проведения таможенного контроля, -
влечет наложение административного штрафа на граждан в размере от одной тысячи до двух тысяч пятисот рублей; на должностных лиц - от десяти тысяч до двадцати тысяч рублей; на юридических лиц - от
ста тысяч до трехсот тысяч рублей.
4. Несоблюдение срока подачи таможенной декларации на товары, явившиеся орудиями, средствами совершения или предметами административного правонарушения либо преступления, -
влечет наложение административного штрафа на граждан в размере от одной тысячи до двух тысяч рублей; на должностных лиц - от трех тысяч до пяти тысяч рублей; на юридических лиц - от десяти тысяч до пятидесяти тысяч рублей.
5. Неисполнение лицами, в том числе осуществляющими деятельность в сфере таможенного дела, обязанности по хранению документов, необходимых для проведения таможенного контроля, хранение которых является обязательным, -
влечет наложение административного штрафа на должностных лиц в размере от двух тысяч пятисот до пяти тысяч рублей; на юридических лиц - от двухсот тысяч до трехсот тысяч рублей.
Статья 16.13. Совершение грузовых или иных операций с товарами, находящимися под таможенным контролем, без разрешения или уведомления таможенного органа
1. Совершение операций по разгрузке, погрузке, выгрузке, перегрузке (перевалке) или иных грузовых операций с товарами, находящимися под таможенным контролем, взятие проб и образцов таких товаров, вскрытие помещений или других мест, где могут находиться такие товары, либо замена транспортного средства международной перевозки, перевозящего товары, находящиеся под таможенным контролем, без разрешения таможенного органа в случаях, если такое разрешение обязательно, -
влечет наложение административного штрафа на граждан в размере от пятисот до одной тысячи рублей; на должностных лиц - от одной тысячи до двух тысяч рублей; на юридических лиц - от десяти тысяч до двадцати тысяч рублей.
2. Совершение операций по разгрузке, перегрузке (перевалке) или иных грузовых операций с товарами, находящимися под таможенным контролем, либо замена транспортного средства международной перевозки, перевозящего товары, находящиеся под таможенным контролем, без уведомления таможенного органа в случаях, если такое уведомление обязательно, -
влечет наложение административного штрафа на граждан в размере от трехсот до пятисот рублей; на должностных лиц - от пятисот до одной тысячи рублей; на юридических лиц - от пяти тысяч до десяти тысяч рублей.
Статья 16.14. Нарушение порядка помещения товаров на хранение, порядка их хранения либо порядка совершения с ними операций
Нарушение установленных требований и условий помещения товаров на таможенный склад, склад временного хранения, в иное место временного хранения или на свободный склад, порядка их хранения либо порядка совершения с товарами, находящимися под таможенным контролем, операций без разрешения таможенного органа в случаях, если такое разрешение обязательно, за исключением случаев, предусмотренных другими статьями настоящей главы, -
влечет наложение административного штрафа на граждан в размере от пятисот до одной тысячи пятисот рублей; на должностных лиц - от двух тысяч до десяти тысяч рублей; на юридических лиц - от пяти тысяч до двадцати тысяч рублей.
Статья 16.15. Непредставление в таможенный орган отчетности
Непредставление или нарушение срока представления в таможенный орган отчетности в случаях, предусмотренных таможенным законодательством Таможенного союза и (или) законодательством Российской Федерации о таможенном деле, либо представление отчетности, содержащей недостоверные сведения, -
влечет предупреждение или наложение административного штрафа на должностных лиц в размере от двух тысяч до пяти тысяч рублей; на юридических лиц - от двадцати тысяч до пятидесяти тысяч рублей.
Статья 16.16. Нарушение сроков временного хранения товаров
Нарушение сроков временного хранения товаров -
влечет наложение административного штрафа на граждан в размере от одной тысячи пятисот до двух тысяч пятисот рублей с конфискацией товаров, явившихся предметами административного правонарушения, или без таковой; на должностных лиц - от десяти тысяч до двадцати тысяч рублей; на юридических лиц - от пятидесяти тысяч до ста тысяч рублей с конфискацией товаров, явившихся предметами административного правонарушения, или без таковой.
Статья 16.17. Представление недействительных документов для выпуска товаров до подачи таможенной декларации
Представление недействительных документов для выпуска товаров до подачи таможенной декларации, если сведения, содержащиеся в таких документах, влияют на принятие таможенным органом решения о выпуске товаров до подачи таможенной декларации, -
влечет наложение административного штрафа на должностных лиц в размере от десяти тысяч до двадцати тысяч рублей; на юридических лиц - от пятидесяти тысяч до ста тысяч рублей.
Статья 16.18. Невывоз либо неосуществление обратного ввоза товаров и (или) транспортных средств физическими лицами
1. Невывоз с таможенной территории Таможенного союза физическими лицами временно ввезенных товаров и (или) транспортных средств в установленные сроки временного ввоза -
влечет наложение административного штрафа на граждан в размере от одной тысячи пятисот до двух тысяч пятисот рублей с конфискацией товаров и (или) транспортных средств, явившихся предметами административного правонарушения, или без таковой либо конфискацию предметов административного правонарушения.
2. Неосуществление физическими лицами обратного ввоза в Российскую Федерацию временно вывезенных товаров, подлежащих в соответствии с законодательством Российской Федерации обязательному обратному ввозу, -
влечет наложение административного штрафа на граждан в размере стоимости товаров, явившихся предметами административного правонарушения.
Статья 16.19. Несоблюдение таможенной процедуры
1. Заявление в декларации на товары недостоверных сведений о них либо представление недействительных документов, если такие сведения и документы могли послужить основанием для помещения товаров под таможенную процедуру, предусматривающую полное или частичное освобождение от уплаты таможенных пошлин, налогов либо возврат уплаченных сумм и (или) неприменение мер нетарифного регулирования, за исключением случаев, предусмотренных частями 3 и 4 статьи 16.1, частями 2 и 3 статьи 16.2, статьей 16.17 настоящего Кодекса, -
влечет наложение административного штрафа на граждан в размере от одной тысячи пятисот до двух тысяч пятисот рублей с конфискацией товаров, явившихся предметами административного правонарушения, или без таковой либо конфискацию предметов административного правонарушения; на должностных лиц - от пяти тысяч до двадцати тысяч рублей; на юридических лиц - от ста тысяч до пятисот тысяч рублей с конфискацией товаров, явившихся предметами административного правонарушения, или без таковой либо конфискацию предметов административного правонарушения.
2. Пользование или распоряжение товарами в нарушение таможенной процедуры, под которую они помещены, в том числе передача права использования таможенной процедуры посредством передачи в отношении товаров прав владения, пользования или распоряжения, если это допускается в соответствии с таможенной процедурой, другому лицу без разрешения таможенного органа, если такое разрешение обязательно, -
влечет наложение административного штрафа на граждан в размере от одной тысячи пятисот до двух тысяч пятисот рублей с конфискацией товаров, явившихся предметами административного правонарушения, или без таковой либо конфискацию предметов административного правонарушения; на должностных лиц - от десяти тысяч до двадцати тысяч рублей; на юридических лиц - от одного до двукратного размера стоимости товаров, явившихся предметами административного правонарушения, с их
конфискацией или без таковой либо конфискацию предметов административного правонарушения.
3. Незавершение в установленные сроки таможенной процедуры, в отношении которой установлено требование о ее завершении, -
влечет наложение административного штрафа на граждан в размере от одной тысячи до двух тысяч рублей; на должностных лиц - от десяти тысяч до двадцати тысяч рублей; на юридических лиц - от ста тысяч до трехсот тысяч рублей с конфискацией товаров, явившихся предметами административного правонарушения, или без таковой либо конфискацию предметов административного правонарушения.
Статья 16.20. Незаконные пользование или распоряжение условно выпущенными товарами либо незаконное пользование арестованными товарами
1. Пользование условно выпущенными товарами, передача их во владение или в пользование, продажа условно выпущенных товаров либо распоряжение ими иным способом в нарушение установленных запретов и (или) ограничений на пользование и распоряжение такими товарами, за исключением случаев, предусмотренных частью 2 статьи 16.19 настоящего Кодекса, -
влечет наложение административного штрафа на граждан в размере от одной тысячи пятисот до двух тысяч пятисот рублей; на должностных лиц - от десяти тысяч до двадцати тысяч рублей; на юридических лиц - от одного до двукратного размера стоимости товаров, явившихся предметами административного правонарушения, с их конфискацией или без таковой либо конфискацию предметов административного правонарушения.
2. Пользование товарами, на которые при проведении таможенного контроля наложен арест, без разрешения таможенного органа -
влечет наложение административного штрафа на должностных лиц в размере от пяти тысяч до десяти тысяч рублей; на юридических лиц - от десяти тысяч до тридцати тысяч рублей.
Статья 16.21. Незаконные пользование товарами, их приобретение, хранение либо транспортировка
Пользование товарами, которые незаконно перемещены через таможенную границу Таможенного союза и в отношении которых не уплачены таможенные пошлины, налоги или не соблюдены установленные международными договорами государств - членов Таможенного союза, решениями Комиссии Таможенного союза и нормативными правовыми актами Российской Федерации, изданными в соответствии с международными договорами государств - членов Таможенного союза, запреты и ограничения, либо товарами, выпущенными, в том числе условно, в соответствии с таможенной процедурой, пользование которыми, передача которых во владение или в пользование либо распоряжение которыми иными способами допущены в нарушение установленных запретов и (или) ограничений, а также приобретение, хранение либо транспортировка таких товаров -
влечет наложение административного штрафа на должностных лиц в размере от десяти тысяч до двадцати тысяч рублей; на юридических лиц - от одной второй до двукратного размера стоимости товаров, явившихся предметами административного правонарушения, с их конфискацией или без таковой либо конфискацию предметов административного правонарушения.
Статья 16.22. Нарушение сроков уплаты таможенных платежей
Нарушение сроков уплаты таможенных пошлин, налогов, подлежащих уплате в связи с перемещением товаров через таможенную границу Таможенного союза, -
влечет наложение административного штрафа на граждан в размере от пятисот до двух тысяч пятисот рублей; на должностных лиц - от пяти тысяч до десяти тысяч рублей; на юридических лиц - от пятидесяти тысяч до трехсот тысяч рублей.
Статья 16.23. Незаконное осуществление деятельности в области таможенного дела
1. Совершение таможенных операций от имени декларанта или других заинтересованных лиц лицом, не включенным в реестр таможенных представителей, либо включенным в указанный реестр на основании недействительных документов, либо исключенным из него, за исключением случаев, если обязанность по совершению таможенных операций возникла до исключения таможенного представителя из указанного
реестра либо если таможенным законодательством Таможенного союза и (или) законодательством Российской Федерации о таможенном деле предоставлено право на совершение таможенных операций без требования о включении лица в реестр таможенных представителей, -
влечет наложение административного штрафа на граждан в размере от одной тысячи пятисот до двух тысяч пятисот рублей; на должностных лиц - от двух тысяч до пяти тысяч рублей; на юридических лиц - от десяти тысяч до пятидесяти тысяч рублей.
2. Осуществление деятельности в качестве таможенных перевозчиков, уполномоченных экономических операторов, владельцев магазинов беспошлинной торговли, складов временного хранения или таможенных складов лицами, включенными в соответствующий реестр на основании недействительных документов либо исключенными из реестров лиц, осуществляющих деятельность в сфере таможенного дела, за исключением случаев, если осуществление такой деятельности связано с завершением таможенных операций, обязанность по совершению которых возникла до исключения лица из соответствующего реестра, -
влечет наложение административного штрафа на должностных лиц в размере от двух тысяч до пяти тысяч рублей; на юридических лиц - от десяти тысяч до пятидесяти тысяч рублей.
3. Несообщение либо нарушение срока сообщения в таможенный орган об изменении сведений, указанных в заявлении о включении в один из реестров лиц, осуществляющих деятельность в сфере таможенного дела, либо о приостановлении деятельности указанных лиц -
влечет предупреждение или наложение административного штрафа на должностных лиц в размере от ста до пятисот рублей; на юридических лиц - от двух тысяч до десяти тысяч рублей.
Статья 16.24. Незаконные операции с временно ввезенными транспортными средствами
1. Использование временно ввезенных транспортных средств международной перевозки во внутренних перевозках по таможенной территории Таможенного союза либо их передача во владение или в пользование, продажа либо распоряжение ими иным способом в нарушение установленных ограничений на пользование и распоряжение такими транспортными средствами -
влечет наложение административного штрафа на граждан в размере от одной тысячи пятисот до двух тысяч пятисот рублей; на должностных лиц - от пяти тысяч до двадцати тысяч рублей; на юридических лиц - от пятидесяти тысяч до трехсот тысяч рублей.
2. Передача права пользования или иное распоряжение временно ввезенными физическими лицами транспортными средствами без соблюдения условий, установленных таможенным законодательством Таможенного союза, -
влечет наложение административного штрафа на граждан в размере от одной тысячи пятисот до двух тысяч пятисот рублей с конфискацией транспортных средств, явившихся предметами административного правонарушения, или без таковой либо конфискацию предметов административного правонарушения.
Глава 17. АДМИНИСТРАТИВНЫЕ ПРАВОНАРУШЕНИЯ, ПОСЯГАЮЩИЕ НА ИНСТИТУТЫ ГОСУДАРСТВЕННОЙ ВЛАСТИ
Статья 17.1. Невыполнение законных требований члена Совета Федерации или депутата Государственной Думы
1. Невыполнение должностным лицом государственного органа, органа местного самоуправления, организации или общественного объединения законных требований члена Совета Федерации или депутата Государственной Думы либо создание препятствий в осуществлении их деятельности -
влечет наложение административного штрафа в размере от двух тысяч до трех тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
2. Несоблюдение должностным лицом установленных сроков предоставления информации (документов, материалов, ответов на обращения) члену Совета Федерации или депутату Государственной Думы -
влечет наложение административного штрафа в размере от одной тысячи до двух тысяч рублей.
(в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 17.2. Воспрепятствование законной деятельности Уполномоченного по правам человека в Российской Федерации
(в ред. Федерального закона от 24.07.2007 N 204-ФЗ)
1. Вмешательство в деятельность Уполномоченного по правам человека в Российской Федерации с целью повлиять на его решения -
влечет наложение административного штрафа в размере от одной тысячи до двух тысяч рублей.
2. Неисполнение должностными лицами законных требований Уполномоченного по правам человека в Российской Федерации, а равно неисполнение должностными лицами обязанностей, установленных Федеральным конституционным законом от 26 февраля 1997 года N 1-ФКЗ "Об Уполномоченном по правам человека в Российской Федерации", -
влечет наложение административного штрафа в размере от двух тысяч до трех тысяч рублей.
3. Воспрепятствование деятельности Уполномоченного по правам человека в Российской Федерации в иной форме -
влечет наложение административного штрафа в размере от одной тысячи до трех тысяч рублей.
Статья 17.2.1. Воспрепятствование законной деятельности Уполномоченного при Президенте Российской Федерации по правам ребенка
(введена Федеральным законом от 03.12.2011 N 378-ФЗ)
1. Вмешательство в деятельность Уполномоченного при Президенте Российской Федерации по правам ребенка с целью повлиять на его решение -
влечет наложение административного штрафа в размере от одной тысячи до двух тысяч рублей.
2. Неисполнение должностными лицами законных требований Уполномоченного при Президенте Российской Федерации по правам ребенка -
влечет наложение административного штрафа в размере от двух тысяч до трех тысяч рублей.
3. Воспрепятствование деятельности Уполномоченного при Президенте Российской Федерации по правам ребенка в иной форме -
влечет наложение административного штрафа в размере от одной тысячи до трех тысяч рублей.
Статья 17.3. Неисполнение распоряжения судьи или судебного пристава по обеспечению установленного порядка деятельности судов (в ред. Федерального закона от 03.06.2006 N 78-ФЗ)
1. Неисполнение законного распоряжения судьи о прекращении действий, нарушающих установленные в суде правила, -
влечет наложение административного штрафа в размере от пятисот до одной тысячи рублей или административный арест на срок до пятнадцати суток. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
2. Неисполнение законного распоряжения судебного пристава по обеспечению установленного порядка деятельности судов о прекращении действий, нарушающих установленные в суде правила, - (в ред. Федерального закона от 03.06.2006 N 78-ФЗ)
влечет наложение административного штрафа в размере от пятисот до одной тысячи рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 17.4. Непринятие мер по частному определению суда или по представлению судьи
Оставление должностным лицом без рассмотрения частного определения суда или представления судьи либо непринятие мер по устранению указанных в определении или представлении нарушений закона -
влечет наложение административного штрафа в размере от пятисот до одной тысячи рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
КонсультантПлюс: примечание. Федеральный закон от 02.01.2000 N 37-ФЗ "О народных заседателях федеральных судов общей
юрисдикции в Российской Федерации" утратил силу с 1 февраля 2003 года в части, касающейся гражданского судопроизводства, и с 1 января 2004 года в части, касающейся уголовного судопроизводства (Федеральные законы от 14.11.2002 N 137-ФЗ, от 18.12.2001 N 177-ФЗ).
Статья 17.5. Воспрепятствование явке в суд народного или присяжного заседателя
Воспрепятствование работодателем или лицом, его представляющим, явке в суд народного или присяжного заседателя для участия в судебном разбирательстве -
влечет наложение административного штрафа в размере от пятисот до одной тысячи рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 17.6. Непредставление информации для составления списков присяжных заседателей
Непредставление информации, необходимой районной, городской, краевой или областной администрации для составления списков присяжных заседателей, а равно представление заведомо неверной информации лицом, на которое возложена обязанность представлять такую информацию, -
влечет предупреждение или наложение административного штрафа на должностных лиц в размере от пятисот до одной тысячи рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 17.7. Невыполнение законных требований прокурора, следователя, дознавателя или должностного лица, осуществляющего производство по делу об административном правонарушении
Умышленное невыполнение требований прокурора, вытекающих из его полномочий, установленных федеральным законом, а равно законных требований следователя, дознавателя или должностного лица, осуществляющего производство по делу об административном правонарушении, -
влечет наложение административного штрафа на граждан в размере от одной тысячи до одной тысячи пятисот рублей; на должностных лиц - от двух тысяч до трех тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 17.8. Воспрепятствование законной деятельности судебного пристава (в ред. Федерального закона от 03.06.2006 N 78-ФЗ)
Воспрепятствование законной деятельности судебного пристава, находящегося при исполнении служебных обязанностей, - (в ред. Федерального закона от 03.06.2006 N 78-ФЗ)
влечет наложение административного штрафа на граждан в размере от одной тысячи до одной тысячи пятисот рублей; на должностных лиц - от двух тысяч до трех тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 17.8.1. Незаконное использование слов "судебный пристав", "пристав" и образованных на их основе словосочетаний
(введена Федеральным законом от 06.12.2011 N 410-ФЗ)
Незаконное использование юридическим лицом или индивидуальным предпринимателем в своем наименовании слов "судебный пристав" или "пристав" и образованных на их основе словосочетаний -
влечет наложение административного штрафа на индивидуального предпринимателя в размере от сорока тысяч до пятидесяти тысяч рублей; на юридических лиц - от трехсот тысяч до пятисот тысяч рублей.
Статья 17.9. Заведомо ложные показание свидетеля, пояснение специалиста, заключение эксперта или заведомо неправильный перевод
Заведомо ложные показание свидетеля, пояснение специалиста, заключение эксперта или заведомо неправильный перевод при производстве по делу об административном правонарушении или в исполнительном производстве - (в ред. Федерального закона от 02.10.2007 N 225-ФЗ)
влечет наложение административного штрафа в размере от одной тысячи до одной тысячи пятисот рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 17.10. Нарушение порядка официального использования государственных символов Российской Федерации
(в ред. Федерального закона от 08.11.2008 N 197-ФЗ)
Нарушение порядка официального использования Государственного флага Российской Федерации, Государственного герба Российской Федерации или Государственного гимна Российской Федерации -
влечет наложение административного штрафа на граждан в размере от двух тысяч до трех тысяч рублей; на должностных лиц - от пяти тысяч до семи тысяч рублей; на юридических лиц - от ста тысяч до ста пятидесяти тысяч рублей. (в ред. Федерального закона от 19.05.2010 N 88-ФЗ)
Статья 17.11. Незаконное ношение государственных наград
1. Ношение ордена, медали, нагрудного знака к почетному званию, знака отличия Российской Федерации, РСФСР, СССР, орденских лент или лент медалей на планках лицом, не имеющим на то права, -
влечет предупреждение или наложение административного штрафа в размере от одной тысячи до одной тысячи пятисот рублей с конфискацией ордена, медали, нагрудного знака к почетному званию, знака отличия Российской Федерации, РСФСР, СССР, орденских лент или лент медалей на планках. (в ред. Федеральных законов от 22.06.2007 N 116-ФЗ, от 19.05.2010 N 88-ФЗ)
2. Учреждение или изготовление знаков, имеющих схожее название или внешнее сходство с государственными наградами, -
влечет наложение административного штрафа на граждан в размере от одной тысячи пятисот до двух тысяч рублей с конфискацией знаков; на должностных лиц - от четырех тысяч до пяти тысяч рублей с конфискацией знаков; на юридических лиц - от восьмидесяти пяти тысяч до ста тысяч рублей с конфискацией знаков. (в ред. Федерального закона от 19.05.2010 N 88-ФЗ)
Статья 17.12. Незаконное ношение форменной одежды со знаками различия, с символикой государственных военизированных организаций, правоохранительных или контролирующих органов
1. Незаконное ношение форменной одежды со знаками различия, с символикой государственных военизированных организаций, правоохранительных или контролирующих органов -
влечет наложение административного штрафа в размере от одной тысячи до одной тысячи пятисот рублей с конфискацией форменной одежды, знаков различия, символики государственных военизированных организаций, правоохранительных или контролирующих органов. (в ред. Федеральных законов от 22.06.2007 N 116-ФЗ, от 19.05.2010 N 88-ФЗ)
2. Те же действия, совершенные лицом, имеющим специальное разрешение (лицензию) на осуществление частной детективной или охранной деятельности, в связи с осуществлением этой деятельности, -
влекут наложение административного штрафа в размере от одной тысячи пятисот до двух тысяч пятисот рублей с конфискацией форменной одежды, знаков различия, символики государственных военизированных организаций, правоохранительных или контролирующих органов. (в ред. Федеральных законов от 22.06.2007 N 116-ФЗ, от 19.05.2010 N 88-ФЗ)
Статья 17.13. Разглашение сведений о мерах безопасности
Разглашение сведений о мерах безопасности, примененных в отношении должностного лица правоохранительного или контролирующего органа либо в отношении его близких, -
влечет наложение административного штрафа на граждан в размере от трехсот до пятисот рублей; на должностных лиц - от пятисот до одной тысячи рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 17.14. Нарушение законодательства об исполнительном производстве
(введена Федеральным законом от 02.10.2007 N 225-ФЗ)
1. Нарушение должником законодательства об исполнительном производстве, выразившееся в невыполнении законных требований судебного пристава-исполнителя, представлении недостоверных сведений о своих правах на имущество, несообщении об увольнении с работы, о новом месте работы, учебы, месте получения пенсии, иных доходов или месте жительства, -
влечет наложение административного штрафа на граждан в размере от одной тысячи до двух тысяч пятисот рублей; на должностных лиц - от десяти тысяч до двадцати тысяч рублей; на юридических лиц - от тридцати тысяч до ста тысяч рублей.
2. Неисполнение банком или иной кредитной организацией содержащегося в исполнительном документе требования о взыскании денежных средств с должника -
влечет наложение административного штрафа на банк или иную кредитную организацию в размере половины от денежной суммы, подлежащей взысканию с должника, но не более одного миллиона рублей.
2.1. Неисполнение содержащихся в исполнительном документе требований о списании с лицевого счета или счета депо должника и зачислении на лицевой счет или счет депо взыскателя эмиссионных ценных бумаг при наличии ценных бумаг на соответствующем счете должника эмитентом, самостоятельно осуществляющим деятельность по ведению реестра владельцев эмиссионных ценных бумаг, профессиональным участником рынка ценных бумаг, осуществляющим учет прав на эмиссионные ценные бумаги, принадлежащие должнику, -
влечет наложение административного штрафа на юридических лиц в размере одной трети стоимости эмиссионных ценных бумаг, подлежащих взысканию, но не более одной второй стоимости таких ценных бумаг. (часть вторая.1 введена Федеральным законом от 19.07.2009 N 205-ФЗ)
3. Нарушение лицом, не являющимся должником, законодательства об исполнительном производстве, выразившееся в невыполнении законных требований судебного пристава-исполнителя, отказе от получения конфискованного имущества, представлении недостоверных сведений об имущественном положении должника, утрате исполнительного документа, в несвоевременном отправлении исполнительного документа, -
влечет наложение административного штрафа на граждан в размере от двух тысяч до двух тысяч пятисот рублей; на должностных лиц - от пятнадцати тысяч до двадцати тысяч рублей; на юридических лиц - от пятидесяти тысяч до ста тысяч рублей.
Статья 17.15. Неисполнение содержащихся в исполнительном документе требований неимущественного характера
(введена Федеральным законом от 02.10.2007 N 225-ФЗ)
1. Неисполнение должником содержащихся в исполнительном документе требований неимущественного характера в срок, установленный судебным приставом-исполнителем после вынесения постановления о взыскании исполнительского сбора, -
(в ред. Федерального закона от 21.04.2011 N 71-ФЗ)
влечет наложение административного штрафа на граждан в размере от одной тысячи до двух тысяч пятисот рублей; на должностных лиц - от десяти тысяч до двадцати тысяч рублей; на юридических лиц - от тридцати тысяч до пятидесяти тысяч рублей.
2. Неисполнение должником содержащихся в исполнительном документе требований неимущественного характера в срок, вновь установленный судебным приставом-исполнителем после наложения административного штрафа, -
влечет наложение административного штрафа на граждан в размере от двух тысяч до двух тысяч пятисот рублей; на должностных лиц - от пятнадцати тысяч до двадцати тысяч рублей; на юридических лиц - от пятидесяти тысяч до семидесяти тысяч рублей.
Статья 17.16. Клевета в отношении судьи, присяжного заседателя, прокурора, следователя, лица, производящего дознание, судебного пристава
(введена Федеральным законом от 07.12.2011 N 420-ФЗ)
1. Клевета в отношении судьи, присяжного заседателя или иного лица, участвующего в отправлении правосудия, в связи с рассмотрением дел или материалов в суде -
влечет наложение административного штрафа на граждан в размере от трех тысяч до пяти тысяч рублей; на должностных лиц - от двадцати тысяч до тридцати тысяч рублей; на юридических лиц - от ста тысяч до трехсот тысяч рублей.
2. То же действие, совершенное в отношении прокурора, следователя, лица, производящего дознание, судебного пристава, в связи с производством предварительного расследования, исполнением приговора суда, принудительным исполнением иного судебного акта, акта иного органа или должностного лица, а также в связи с обеспечением установленного порядка деятельности судов, -
влечет наложение административного штрафа на граждан в размере от трех тысяч до пяти тысяч рублей; на должностных лиц - от двадцати тысяч до тридцати тысяч рублей; на юридических лиц - от ста тысяч до трехсот тысяч рублей.
3. Действия, предусмотренные частью 1 или 2 настоящей статьи, соединенные с обвинением лица в совершении тяжкого или особо тяжкого преступления, -
влекут наложение административного штрафа на граждан в размере пяти тысяч рублей или административный арест на срок до пяти суток; на должностных лиц - от тридцати тысяч до пятидесяти тысяч рублей; на юридических лиц - от трехсот тысяч до пятисот тысяч рублей.
Глава 18. АДМИНИСТРАТИВНЫЕ ПРАВОНАРУШЕНИЯ В ОБЛАСТИ ЗАЩИТЫ ГОСУДАРСТВЕННОЙ ГРАНИЦЫ РОССИЙСКОЙ ФЕДЕРАЦИИ
И ОБЕСПЕЧЕНИЯ РЕЖИМА ПРЕБЫВАНИЯ ИНОСТРАННЫХ ГРАЖДАН ИЛИ ЛИЦ БЕЗ ГРАЖДАНСТВА НА ТЕРРИТОРИИ РОССИЙСКОЙ ФЕДЕРАЦИИ
Статья 18.1. Нарушение режима Государственной границы Российской Федерации
1. Нарушение правил пересечения Государственной границы Российской Федерации лицами и (или) транспортными средствами либо нарушение порядка следования таких лиц и (или) транспортных средств от Государственной границы Российской Федерации до пунктов пропуска через Государственную границу Российской Федерации и в обратном направлении, за исключением случаев, предусмотренных статьей 18.5 настоящего Кодекса, -
влечет наложение административного штрафа на граждан в размере от двух тысяч до пяти тысяч рублей; на должностных лиц - от тридцати тысяч до пятидесяти тысяч рублей; на юридических лиц - от четырехсот тысяч до восьмисот тысяч рублей. (в ред. Федеральных законов от 28.12.2004 N 187-ФЗ, от 22.06.2007 N 116-ФЗ, от 21.12.2009 N 336-ФЗ)
2. Те же действия, совершенные иностранным гражданином или лицом без гражданства, -
влекут наложение административного штрафа в размере от двух тысяч до пяти тысяч рублей с
административным выдворением за пределы Российской Федерации или без такового. (в ред. Федеральных законов от 28.12.2004 N 187-ФЗ, от 22.06.2007 N 116-ФЗ, от 21.12.2009 N 336-ФЗ)
3. Ведение на Государственной границе Российской Федерации либо вблизи нее хозяйственной, промысловой или иной деятельности без уведомления пограничных органов либо с уведомлением таких органов, но с нарушением установленного порядка ведения на Государственной границе Российской Федерации либо вблизи нее хозяйственной, промысловой или иной деятельности - (в ред. Федеральных законов от 30.06.2003 N 86-ФЗ, от 07.03.2005 N 15-ФЗ)
влечет предупреждение или наложение административного штрафа на граждан в размере до одной тысячи рублей с конфискацией орудий совершения или предмета административного правонарушения или без таковой; на должностных лиц - от трех тысяч до пяти тысяч рублей с конфискацией орудий совершения или предмета административного правонарушения или без таковой; на юридических лиц - от десяти тысяч до тридцати тысяч рублей с конфискацией орудий совершения или предмета административного правонарушения или без таковой. (в ред. Федеральных законов от 28.12.2004 N 187-ФЗ, от 22.06.2007 N 116-ФЗ)
Примечание. За административные правонарушения, предусмотренные настоящей статьей и иными статьями настоящей главы, лица, осуществляющие предпринимательскую деятельность без образования юридического лица, в связи с осуществлением ими указанной деятельности несут административную ответственность как юридические лица, за исключением случаев, если в соответствующих статьях настоящей главы установлены специальные правила об административной ответственности лиц, осуществляющих предпринимательскую деятельность без образования юридического лица, отличающиеся от правил об административной ответственности юридических лиц. (примечание введено Федеральным законом от 05.11.2006 N 189-ФЗ)
Статья 18.2. Нарушение пограничного режима в пограничной зоне
1. Нарушение правил въезда (прохода) в пограничную зону, временного пребывания, передвижения лиц и (или) транспортных средств в пограничной зоне -
влечет предупреждение или наложение административного штрафа в размере от ста до пятисот рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
2. Ведение хозяйственной, промысловой или иной деятельности либо проведение массовых общественно-политических, культурных или иных мероприятий в пограничной зоне, а равно содержание или выпас скота в карантинной полосе в пределах пограничной зоны без разрешения пограничных органов либо с разрешения таких органов, но с нарушением установленного порядка ведения хозяйственной, промысловой или иной деятельности либо нарушение порядка проведения массовых общественно-политических, культурных или иных мероприятий в пограничной зоне - (в ред. Федеральных законов от 30.06.2003 N 86-ФЗ, от 07.03.2005 N 15-ФЗ)
влечет предупреждение или наложение административного штрафа на граждан в размере от ста до трехсот рублей; на должностных лиц - от трехсот до пятисот рублей; на юридических лиц - от трех тысяч до пяти тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 18.3. Нарушение пограничного режима в территориальном море и во внутренних морских водах Российской Федерации
1. Нарушение установленных в территориальном море и во внутренних морских водах Российской Федерации, в российской части вод пограничных рек, озер и иных водных объектов правил учета, хранения, выхода из пунктов базирования и возвращения в пункты базирования, пребывания на водных объектах российских маломерных самоходных и несамоходных (надводных и подводных) судов (средств) или средств передвижения по льду - (в ред. Федерального закона от 14.07.2008 N 118-ФЗ)
влечет предупреждение или наложение административного штрафа на граждан в размере от трехсот до пятисот рублей; на должностных лиц - от пятисот до одной тысячи рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
2. Ведение в территориальном море и во внутренних морских водах Российской Федерации, в российской части вод пограничных рек, озер и иных водных объектов промысловой, исследовательской, изыскательской и иной деятельности без разрешения (уведомления) пограничных органов либо с разрешения (с уведомлением) таких органов, но с нарушением условий такого разрешения (уведомления) - (в ред. Федеральных законов от 30.06.2003 N 86-ФЗ, от 07.03.2005 N 15-ФЗ, от 14.07.2008 N 118-ФЗ)
влечет предупреждение или наложение административного штрафа на граждан в размере от трехсот до пятисот рублей с конфискацией орудий совершения и предмета административного правонарушения или без таковой; на должностных лиц - от пятисот до одной тысячи рублей с конфискацией орудий совершения и предмета административного правонарушения или без таковой; на юридических лиц - от пяти тысяч до десяти тысяч рублей с конфискацией орудий совершения и предмета административного правонарушения или без таковой. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 18.4. Нарушение режима в пунктах пропуска через Государственную границу Российской Федерации
1. Нарушение режима в пунктах пропуска через Государственную границу Российской Федерации -
влечет предупреждение или наложение административного штрафа в размере до одной тысячи рублей. (в ред. Федеральных законов от 28.12.2004 N 187-ФЗ, от 22.06.2007 N 116-ФЗ)
2. Те же действия, совершенные иностранным гражданином или лицом без гражданства, -
влекут наложение административного штрафа в размере до одной тысячи рублей с административным выдворением за пределы Российской Федерации или без такового. (в ред. Федеральных законов от 28.12.2004 N 187-ФЗ, от 22.06.2007 N 116-ФЗ)
Статья 18.5. Нарушение правил, относящихся к мирному проходу через территориальное море Российской Федерации или к транзитному пролету через воздушное пространство Российской Федерации
Нарушение правил, относящихся к мирному проходу через территориальное море Российской Федерации или к транзитному пролету через воздушное пространство Российской Федерации, -
влечет наложение административного штрафа на юридических лиц в размере от тридцати тысяч до пятидесяти тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 18.6. Нарушение порядка прохождения установленных контрольных пунктов (точек)
Нарушение судами рыбопромыслового флота порядка прохождения установленных контрольных пунктов (точек) при пересечении внешней границы исключительной экономической зоны Российской Федерации - (в ред. Федерального закона от 03.12.2008 N 250-ФЗ)
влечет наложение административного штрафа на граждан в размере от двух тысяч до двух тысяч пятисот рублей; на должностных лиц - от пятнадцати тысяч до двадцати тысяч рублей; на юридических лиц - от двухсот тысяч до четырехсот тысяч рублей. (в ред. Федеральных законов от 03.11.2006 N 182-ФЗ, от 22.06.2007 N 116-ФЗ)
Статья 18.7. Неповиновение законному распоряжению или требованию военнослужащего в связи с исполнением им обязанностей по охране Государственной границы Российской Федерации
Неповиновение законному распоряжению или требованию военнослужащего в связи с исполнением им обязанностей по охране Государственной границы Российской Федерации -
влечет наложение административного штрафа в размере от одной тысячи до одной тысячи пятисот рублей или административный арест на срок до пятнадцати суток. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 18.8. Нарушение иностранным гражданином или лицом без гражданства правил въезда в Российскую Федерацию либо режима пребывания (проживания) в Российской Федерации (в ред. Федеральных законов от 25.10.2004 N 126-ФЗ, от 05.11.2006 N 189-ФЗ)
1. Нарушение иностранным гражданином или лицом без гражданства правил въезда в Российскую Федерацию либо режима пребывания (проживания) в Российской Федерации, выразившееся в нарушении установленных правил въезда в Российскую Федерацию, в нарушении правил миграционного учета, передвижения или порядка выбора места пребывания или жительства, транзитного проезда через территорию Российской Федерации, в отсутствии документов, подтверждающих право на пребывание (проживание) в Российской Федерации, или в случае утраты таких документов в неподаче заявления об их утрате в соответствующий орган либо в неисполнении обязанностей по уведомлению о подтверждении своего проживания в Российской Федерации в случаях, установленных федеральным законом, а равно в уклонении от выезда из Российской Федерации по истечении определенного срока пребывания, - (в ред. Федеральных законов от 25.10.2004 N 126-ФЗ, от 05.11.2006 N 189-ФЗ)
влечет наложение административного штрафа в размере от двух тысяч до пяти тысяч рублей с административным выдворением за пределы Российской Федерации или без такового. (в ред. Федеральных законов от 09.05.2004 N 37-ФЗ, от 05.11.2006 N 189-ФЗ, от 22.06.2007 N 116-ФЗ)
2. Нарушение иностранным гражданином или лицом без гражданства правил въезда в Российскую Федерацию либо режима пребывания (проживания) в Российской Федерации, выразившееся в несоответствии заявленной цели въезда в Российскую Федерацию фактически осуществляемой в период пребывания (проживания) в Российской Федерации деятельности или роду занятий, -
влечет наложение административного штрафа в размере от двух тысяч до пяти тысяч рублей с административным выдворением за пределы Российской Федерации или без такового. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ) (часть вторая введена Федеральным законом от 05.11.2006 N 189-ФЗ)
Статья 18.9. Нарушение должностным лицом организации, принимающей в Российской Федерации иностранного гражданина или лицо без гражданства, либо гражданином Российской Федерации или постоянно проживающими в Российской Федерации иностранным гражданином или лицом без гражданства правил пребывания иностранных граждан или лиц без гражданства в Российской Федерации (в ред. Федеральных законов от 25.10.2004 N 126-ФЗ, от 05.11.2006 N 189-ФЗ)
1. Нарушение должностным лицом организации (независимо от формы собственности), принимающей в Российской Федерации иностранного гражданина или лицо без гражданства, обеспечивающей их обслуживание или выполняющей обязанности, связанные с соблюдением условий пребывания в Российской Федерации и транзитного проезда через территорию Российской Федерации иностранных граждан или лиц без гражданства, установленного порядка оформления документов на право их пребывания, проживания, передвижения, изменения места пребывания или жительства в Российской Федерации и выезда за ее пределы - (в ред. Федерального закона от 05.11.2006 N 189-ФЗ)
влечет наложение административного штрафа на должностных лиц в размере от сорока тысяч до пятидесяти тысяч рублей; на юридических лиц - от четырехсот тысяч до пятисот тысяч рублей. (в ред. Федеральных законов от 28.12.2004 N 187-ФЗ, от 05.11.2006 N 189-ФЗ, от 22.06.2007 N 116-ФЗ)
2. Непринятие гражданином Российской Федерации или постоянно проживающими в Российской Федерации иностранным гражданином или лицом без гражданства, пригласившими в Российскую Федерацию иностранного гражданина или лицо без гражданства по частным делам и предоставившими им жилое помещение, мер по обеспечению в установленном порядке их своевременного выезда за пределы Российской Федерации по истечении определенного срока пребывания в Российской Федерации - (в ред. Федеральных законов от 25.10.2004 N 126-ФЗ, от 05.11.2006 N 189-ФЗ)
влечет наложение административного штрафа в размере от двух тысяч до четырех тысяч рублей. (в ред. Федеральных законов от 25.10.2004 N 126-ФЗ, от 05.11.2006 N 189-ФЗ, от 22.06.2007 N 116-ФЗ)
3. Предоставление жилого помещения или транспортного средства либо оказание иных услуг иностранному гражданину или лицу без гражданства, находящимся в Российской Федерации с нарушением установленного порядка или правил транзитного проезда через ее территорию, -
влечет наложение административного штрафа на граждан в размере от двух тысяч до четырех тысяч рублей; на должностных лиц - от двадцати пяти тысяч до тридцати тысяч рублей; на юридических лиц - от двухсот пятидесяти тысяч до трехсот тысяч рублей.
(в ред. Федеральных законов от 25.10.2004 N 126-ФЗ, от 05.11.2006 N 189-ФЗ, от 22.06.2007 N 116-ФЗ)
4. Неисполнение принимающей стороной обязанностей в связи с осуществлением миграционного учета -
влечет наложение административного штрафа на граждан в размере от двух тысяч до четырех тысяч рублей; на должностных лиц - от сорока тысяч до пятидесяти тысяч рублей; на юридических лиц - от четырехсот тысяч до пятисот тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ) (часть четвертая введена Федеральным законом от 05.11.2006 N 189-ФЗ)
Примечание. В случае нарушения должностным лицом организации, принимающей в Российской Федерации иностранного гражданина или лицо без гражданства, либо гражданином Российской Федерации или постоянно проживающими в Российской Федерации иностранным гражданином или лицом без гражданства правил пребывания (проживания) в Российской Федерации иностранных граждан и лиц без гражданства в отношении двух и более принимаемых ими иностранных граждан и (или) лиц без гражданства административная ответственность, установленная настоящей статьей, наступает в отношении каждого иностранного гражданина или лица без гражданства в отдельности. (примечание введено Федеральным законом от 05.11.2006 N 189-ФЗ)
Статья 18.10. Незаконное осуществление иностранным гражданином или лицом без гражданства трудовой деятельности в Российской Федерации
(в ред. Федерального закона от 05.11.2006 N 189-ФЗ)
Осуществление иностранным гражданином или лицом без гражданства трудовой деятельности в Российской Федерации без разрешения на работу либо патента, если такие разрешение либо патент требуются в соответствии с федеральным законом, - (в ред. Федерального закона от 19.05.2010 N 86-ФЗ)
влечет наложение административного штрафа в размере от двух тысяч до пяти тысяч рублей с административным выдворением за пределы Российской Федерации или без такового. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 18.11. Нарушение иммиграционных правил
(в ред. Федерального закона от 28.12.2004 N 187-ФЗ)
1. Уклонение иммигранта от прохождения иммиграционного контроля, предусмотренного законодательством Российской Федерации, медицинского освидетельствования, идентификации личности, проживания в месте временного содержания, в центре временного размещения иммигрантов или в месте, определенном территориальным органом федерального органа исполнительной власти, уполномоченного на осуществление функций по контролю и надзору в сфере миграции, для временного пребывания, а равно нарушение правил проживания в указанных местах либо уклонение от представления сведений или представление недостоверных сведений во время определения статуса иммигранта в Российской Федерации - (в ред. Федерального закона от 30.12.2006 N 266-ФЗ)
влечет наложение административного штрафа в размере от двух тысяч до четырех тысяч рублей с административным выдворением за пределы Российской Федерации или без такового. (в ред. Федеральных законов от 05.11.2006 N 189-ФЗ, от 22.06.2007 N 116-ФЗ)
2. Непредставление или несвоевременное представление по требованию федерального органа исполнительной власти, уполномоченного на осуществление функций по контролю и надзору в сфере миграции, либо его территориального органа установленных законодательством Российской Федерации документов или информации об иностранных гражданах или лицах без гражданства, в отношении которых осуществляется иммиграционный контроль, предусмотренный законодательством Российской Федерации, -
влечет наложение административного штрафа на граждан в размере от двух тысяч до четырех тысяч рублей; на должностных лиц - от сорока тысяч до пятидесяти тысяч рублей; на юридических лиц - от четырехсот тысяч до пятисот тысяч рублей. (в ред. Федеральных законов от 05.11.2006 N 189-ФЗ, от 22.06.2007 N 116-ФЗ)
Статья 18.12. Нарушение беженцем или вынужденным переселенцем правил пребывания (проживания) в Российской Федерации
(в ред. Федерального закона от 28.12.2004 N 187-ФЗ)
Неисполнение беженцем или вынужденным переселенцем при перемене места пребывания или места жительства обязанности сняться с учета в территориальном органе федерального органа исполнительной власти, уполномоченного на осуществление функций по контролю и надзору в сфере миграции, к которому он прикреплен, а равно неисполнение обязанности своевременно встать на учет в территориальном органе федерального органа исполнительной власти, уполномоченного на осуществление функций по контролю и надзору в сфере миграции, по новому месту пребывания или месту жительства либо несообщение беженцем в соответствующий территориальный орган федерального органа исполнительной власти, уполномоченного на осуществление функций по контролю и надзору в сфере миграции, об изменении фамилии, имени, семейного положения, состава семьи, а также о приобретении гражданства Российской Федерации или гражданства (подданства) иного государства -
влечет наложение административного штрафа в размере от двух тысяч до четырех тысяч пятисот рублей. (в ред. Федеральных законов от 05.11.2006 N 189-ФЗ, от 22.06.2007 N 116-ФЗ)
Статья 18.13. Незаконная деятельность по трудоустройству граждан Российской Федерации за границей
1. Осуществление деятельности по трудоустройству граждан Российской Федерации за границей без лицензии или с нарушением условий, предусмотренных лицензией, - (в ред. Федерального закона от 02.07.2005 N 80-ФЗ)
влечет наложение административного штрафа на граждан в размере от двух тысяч до четырех тысяч рублей; на должностных лиц - от тридцати пяти тысяч до сорока тысяч рублей; на юридических лиц - от четырехсот тысяч до пятисот тысяч рублей. (в ред. Федеральных законов от 18.06.2005 N 66-ФЗ, от 05.11.2006 N 189-ФЗ, от 22.06.2007 N 116-ФЗ)
2. Грубое нарушение условий, предусмотренных лицензией на осуществление деятельности, связанной с трудоустройством граждан Российской Федерации за пределами Российской Федерации, -
влечет наложение административного штрафа на должностных лиц в размере от сорока пяти тысяч до пятидесяти тысяч рублей; на юридических лиц - от семисот тысяч до восьмисот тысяч рублей или административное приостановление деятельности на срок до девяноста суток. (в ред. Федеральных законов от 05.11.2006 N 189-ФЗ, от 22.06.2007 N 116-ФЗ) (часть вторая введена Федеральным законом от 02.07.2005 N 80-ФЗ)
Примечание. Понятие грубого нарушения устанавливается Правительством Российской Федерации в отношении конкретного лицензируемого вида деятельности. (примечание введено Федеральным законом от 02.07.2005 N 80-ФЗ)
Статья 18.14. Незаконный провоз лиц через Государственную границу Российской Федерации
1. Непринятие транспортной или иной организацией, осуществляющей международную перевозку, входящих в ее обязанности мер по предотвращению незаконного проникновения лиц на транспортное средство и использования его для незаконного въезда в Российскую Федерацию или незаконного выезда из Российской Федерации, повлекшее незаконное пересечение или попытку незаконного пересечения Государственной границы Российской Федерации одним или несколькими нарушителями, - (в ред. Федерального закона от 25.10.2004 N 126-ФЗ)
влечет наложение административного штрафа на юридическое лицо в размере от пятидесяти тысяч до ста тысяч рублей. (в ред. Федеральных законов от 25.10.2004 N 126-ФЗ, от 22.06.2007 N 116-ФЗ)
2. Непринятие лицом, пересекающим по частным делам Государственную границу Российской Федерации, мер по предотвращению использования управляемого им транспортного средства другим лицом для незаконного пересечения Государственной границы Российской Федерации, повлекшее незаконное пересечение или попытку незаконного пересечения Государственной границы Российской
Федерации одним или несколькими нарушителями в случае, если указанное деяние не являлось пособничеством в преступлении, -
влечет наложение административного штрафа в размере от одной тысячи до двух тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 18.15. Незаконное привлечение к трудовой деятельности в Российской Федерации иностранного гражданина или лица без гражданства
(введена Федеральным законом от 05.11.2006 N 189-ФЗ)
1. Привлечение к трудовой деятельности в Российской Федерации иностранного гражданина или лица без гражданства при отсутствии у этих иностранного гражданина или лица без гражданства разрешения на работу либо патента, если такие разрешение либо патент требуются в соответствии с федеральным законом, - (в ред. Федерального закона от 19.05.2010 N 86-ФЗ)
влечет наложение административного штрафа на граждан в размере от двух тысяч до пяти тысяч рублей; на должностных лиц - от двадцати пяти тысяч до пятидесяти тысяч рублей; на юридических лиц - от двухсот пятидесяти тысяч до восьмисот тысяч рублей либо административное приостановление деятельности на срок до девяноста суток. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
2. Привлечение к трудовой деятельности в Российской Федерации иностранного гражданина или лица без гражданства без получения в установленном порядке разрешения на привлечение и использование иностранных работников, если такое разрешение требуется в соответствии с федеральным законом, -
влечет наложение административного штрафа на граждан в размере от двух тысяч до пяти тысяч рублей; на должностных лиц - от двадцати пяти тысяч до пятидесяти тысяч рублей; на юридических лиц - от двухсот пятидесяти тысяч до восьмисот тысяч рублей либо административное приостановление деятельности на срок до девяноста суток. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
3. Неуведомление территориального органа федерального органа исполнительной власти, уполномоченного на осуществление функций по контролю и надзору в сфере миграции, органа исполнительной власти, ведающего вопросами занятости населения в соответствующем субъекте Российской Федерации, или налогового органа о привлечении к трудовой деятельности в Российской Федерации иностранного гражданина или лица без гражданства, если такое уведомление требуется в соответствии с федеральным законом, -
влечет наложение административного штрафа на граждан в размере от двух тысяч до пяти тысяч рублей; на должностных лиц - от тридцати пяти тысяч до пятидесяти тысяч рублей; на юридических лиц - от четырехсот тысяч до восьмисот тысяч рублей либо административное приостановление деятельности на срок до девяноста суток. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Примечания:
1. В целях настоящей статьи под привлечением к трудовой деятельности в Российской Федерации иностранного гражданина или лица без гражданства понимается допуск в какой-либо форме к выполнению работ или оказанию услуг либо иное использование труда иностранного гражданина или лица без гражданства.
2. В случае незаконного привлечения к трудовой деятельности в Российской Федерации двух и более иностранных граждан и (или) лиц без гражданства административная ответственность, установленная настоящей статьей, наступает за нарушение правил привлечения к трудовой деятельности в Российской Федерации иностранных граждан и лиц без гражданства (в том числе иностранных работников) в отношении каждого иностранного гражданина или лица без гражданства в отдельности.
Статья 18.16. Нарушение правил привлечения иностранных граждан и лиц без гражданства к трудовой деятельности, осуществляемой на торговых объектах (в том числе в торговых комплексах)
(введена Федеральным законом от 05.11.2006 N 189-ФЗ)
1. Нарушение правил привлечения иностранных граждан и лиц без гражданства к трудовой деятельности, осуществляемой на торговых объектах (в том числе в торговых комплексах), выразившееся в предоставлении лицом, осуществляющим предпринимательскую деятельность без образования юридического лица, юридическим лицом, его филиалом или представительством, управляющими торговым объектом (в том числе торговым комплексом), либо должностным лицом указанных юридического лица, филиала или представительства, либо иным юридическим лицом или его должностным лицом, либо иным лицом, осуществляющим предпринимательскую деятельность без образования юридического лица, торгового места на территории торгового объекта (в том числе торгового комплекса), производственного, складского, торгового, служебного, подсобного или иного помещения иностранному гражданину или лицу без гражданства, незаконно привлекаемым к трудовой деятельности, осуществляемой на торговом объекте (в том числе в торговом комплексе), либо в выдаче иностранному гражданину или лицу без гражданства, незаконно осуществляющим указанную деятельность, разрешения на ее осуществление или в допуске в иной форме к осуществлению указанной деятельности, -
влечет наложение административного штрафа на должностных лиц в размере от сорока пяти тысяч до пятидесяти тысяч рублей; на лиц, осуществляющих предпринимательскую деятельность без образования юридического лица, - от трехсот пятидесяти тысяч до восьмисот тысяч рублей либо административное приостановление деятельности на срок до девяноста суток; на юридических лиц - от четырехсот пятидесяти тысяч до восьмисот тысяч рублей либо административное приостановление деятельности на срок до девяноста суток. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
2. Предоставление лицом, осуществляющим предпринимательскую деятельность без образования юридического лица, юридическим лицом, его филиалом или представительством, управляющими торговым объектом (в том числе торговым комплексом), либо должностным лицом указанных юридического лица, филиала или представительства торгового места на территории торгового объекта (в том числе торгового комплекса), производственного, складского, торгового, служебного, подсобного или иного помещения другому юридическому лицу или другому лицу, осуществляющему предпринимательскую деятельность без образования юридического лица, которые не имеют разрешения на привлечение и использование иностранных работников, но фактически используют труд иностранных работников либо которые привлекают к трудовой деятельности иностранных граждан или лиц без гражданства, не имеющих разрешения на работу, если такое разрешение требуется в соответствии с федеральным законом, -
влечет наложение административного штрафа на должностных лиц в размере от сорока пяти тысяч до пятидесяти тысяч рублей; на лиц, осуществляющих предпринимательскую деятельность без образования юридического лица, - от трехсот пятидесяти тысяч до восьмисот тысяч рублей либо административное приостановление деятельности на срок до девяноста суток; на юридических лиц - от четырехсот пятидесяти тысяч до восьмисот тысяч рублей либо административное приостановление деятельности на срок до девяноста суток. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 18.17. Несоблюдение установленных в соответствии с федеральным законом в отношении иностранных граждан, лиц без гражданства и иностранных организаций ограничений на осуществление отдельных видов деятельности
(введена Федеральным законом от 05.11.2006 N 189-ФЗ)
1. Несоблюдение работодателем или заказчиком работ (услуг) установленных в соответствии с федеральным законом в отношении иностранных граждан и лиц без гражданства ограничений на осуществление отдельных видов деятельности -
влечет наложение административного штрафа на граждан в размере от двух тысяч до четырех тысяч рублей; на должностных лиц - от сорока пяти тысяч до пятидесяти тысяч рублей; на юридических лиц - от восьмисот тысяч до одного миллиона рублей либо административное приостановление деятельности на срок до девяноста суток. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
2. Несоблюдение иностранным гражданином или лицом без гражданства установленных в соответствии с федеральным законом в отношении иностранных граждан и лиц без гражданства ограничений на осуществление отдельных видов деятельности -
влечет наложение административного штрафа в размере от двух тысяч до пяти тысяч рублей с административным выдворением за пределы Российской Федерации или без такового. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
3. Несоблюдение иностранным юридическим лицом, его филиалом или представительством установленных в соответствии с федеральным законом в отношении иностранных организаций ограничений на осуществление отдельных видов деятельности -
влечет наложение административного штрафа в размере от восьмисот тысяч до одного миллиона рублей либо административное приостановление деятельности на срок до девяноста суток. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Глава 19. АДМИНИСТРАТИВНЫЕ ПРАВОНАРУШЕНИЯ ПРОТИВ ПОРЯДКА УПРАВЛЕНИЯ
Статья 19.1. Самоуправство
Самоуправство, то есть самовольное, вопреки установленному федеральным законом или иным нормативным правовым актом порядку осуществление своего действительного или предполагаемого права, не причинившее существенного вреда гражданам или юридическим лицам, -
влечет предупреждение или наложение административного штрафа на граждан в размере от ста до трехсот рублей; на должностных лиц - от трехсот до пятисот рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 19.2. Умышленное повреждение или срыв печати (пломбы)
Умышленное повреждение или срыв печати (пломбы), наложенной правомочным должностным лицом, за исключением случаев, предусмотренных частью 2 статьи 11.15 и статьей 16.11 настоящего Кодекса, -
влечет предупреждение или наложение административного штрафа на граждан в размере от ста до трехсот рублей; на должностных лиц - от трехсот до пятисот рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 19.3. Неповиновение законному распоряжению сотрудника полиции, военнослужащего, сотрудника органов по контролю за оборотом наркотических средств и психотропных веществ, сотрудника органов федеральной службы безопасности, сотрудника органов государственной охраны, сотрудника органов, уполномоченных на осуществление функций по контролю и надзору в сфере миграции, либо сотрудника органа или учреждения уголовно-исполнительной системы (в ред. Федеральных законов от 30.06.2003 N 86-ФЗ, от 29.04.2006 N 57-ФЗ, от 18.07.2006 N 121-ФЗ, от 27.07.2010 N 238-ФЗ, от 07.02.2011 N 4-ФЗ, от 08.12.2011 N 424-ФЗ)
1. Неповиновение законному распоряжению или требованию сотрудника полиции, военнослужащего либо сотрудника органа или учреждения уголовно-исполнительной системы в связи с исполнением ими обязанностей по охране общественного порядка и обеспечению общественной безопасности, а равно воспрепятствование исполнению ими служебных обязанностей - (в ред. Федеральных законов от 29.04.2006 N 57-ФЗ, от 07.02.2011 N 4-ФЗ)
влечет наложение административного штрафа в размере от пятисот до одной тысячи рублей или административный арест на срок до пятнадцати суток. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
2. Неповиновение гражданина (за исключением осужденных, отбывающих наказание в виде лишения свободы в уголовно-исполнительном учреждении, а также лиц, подозреваемых и обвиняемых в совершении преступлений и содержащихся под стражей в иных учреждениях) законному распоряжению или требованию сотрудника органа или учреждения уголовно-исполнительной системы, военнослужащего либо другого лица при исполнении ими обязанностей по обеспечению безопасности и охране этих учреждений, поддержанию в них установленного режима, охране и конвоированию осужденных (подозреваемых, обвиняемых) - (в ред. Федерального закона от 29.04.2006 N 57-ФЗ)
влечет наложение административного штрафа в размере от пятисот до одной тысячи рублей или
административный арест на срок до пятнадцати суток. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
3. Неповиновение законному распоряжению или требованию сотрудника органов по контролю за оборотом наркотических средств и психотропных веществ или сотрудника органов, уполномоченных на осуществление функций по контролю и надзору в сфере миграции, в связи с исполнением ими служебных обязанностей, а равно воспрепятствование исполнению ими служебных обязанностей - (в ред. Федерального закона от 18.07.2006 N 121-ФЗ)
влечет наложение административного штрафа в размере от пятисот до одной тысячи рублей или административный арест на срок до пятнадцати суток. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ) (часть третья введена Федеральным законом от 30.06.2003 N 86-ФЗ)
4. Неповиновение законному распоряжению или требованию сотрудника органов федеральной службы безопасности в связи с исполнением им служебных обязанностей, а равно воспрепятствование исполнению им служебных обязанностей -
влечет наложение административного штрафа на граждан в размере от пятисот до одной тысячи рублей или административный арест на срок до пятнадцати суток; на должностных лиц - от одной тысячи до трех тысяч рублей; на юридических лиц - от десяти тысяч до пятидесяти тысяч рублей. (часть 4 введена Федеральным законом от 27.07.2010 N 238-ФЗ)
5. Неповиновение законному распоряжению или требованию сотрудника органов государственной охраны в связи с исполнением им служебных обязанностей по осуществлению государственной охраны и (или) поддержанию общественного порядка либо воспрепятствование исполнению им служебных обязанностей -
влечет наложение административного штрафа на граждан в размере от пятисот до одной тысячи рублей или административный арест на срок до пятнадцати суток; на должностных лиц - от одной тысячи до трех тысяч рублей; на юридических лиц - от десяти тысяч до пятнадцати тысяч рублей. (часть 5 введена Федеральным законом от 08.12.2011 N 424-ФЗ)
Примечание. Положения части 4 настоящей статьи не распространяются на граждан в случае применения в отношении их мер профилактики в соответствии с Федеральным законом "О федеральной службе безопасности". (примечание введено Федеральным законом от 27.07.2010 N 238-ФЗ)
Статья 19.4. Неповиновение законному распоряжению должностного лица органа, осуществляющего государственный надзор (контроль)
1. Неповиновение законному распоряжению или требованию должностного лица органа, осуществляющего государственный надзор (контроль) - (в ред. Федерального закона от 18.07.2011 N 242-ФЗ)
влечет предупреждение или наложение административного штрафа на граждан в размере от пятисот до одной тысячи рублей; на должностных лиц - от двух тысяч до четырех тысяч рублей. (в ред. Федеральных законов от 22.06.2007 N 116-ФЗ, от 27.07.2010 N 239-ФЗ)
2. Невыполнение законных требований должностного лица органа охраны континентального шельфа Российской Федерации или органа охраны исключительной экономической зоны Российской Федерации об остановке судна, а равно воспрепятствование осуществлению этим должностным лицом возложенных на него полномочий, в том числе на осмотр судна, -
влечет наложение административного штрафа на должностных лиц в размере от пятнадцати тысяч до двадцати тысяч рублей. (в ред. Федеральных законов от 03.11.2006 N 182-ФЗ, от 22.06.2007 N 116-ФЗ)
3. Воспрепятствование доступу членов международной инспекционной группы, осуществляющей свою деятельность в соответствии с международным договором Российской Федерации, на объект, подлежащий международному контролю, -
влечет наложение административного штрафа на должностных лиц в размере от трех тысяч до четырех тысяч рублей; на юридических лиц - от тридцати тысяч до сорока тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
4. Невыполнение законных требований должностного лица органа, уполномоченного в области экспортного контроля, а равно воспрепятствование осуществлению этим должностным лицом служебных обязанностей -
влечет наложение административного штрафа на граждан в размере от одной тысячи до двух тысяч рублей; на должностных лиц - от пяти тысяч до десяти тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ) (часть четвертая введена Федеральным законом от 08.05.2006 N 65-ФЗ)
Статья 19.4.1. Воспрепятствование законной деятельности должностного лица органа государственного контроля (надзора)
(введена Федеральным законом от 18.07.2011 N 242-ФЗ)
1. Воспрепятствование законной деятельности должностного лица органа государственного контроля (надзора) по проведению проверок или уклонение от таких проверок -
влечет наложение административного штрафа на граждан в размере от пятисот до одной тысячи рублей; на должностных лиц - от двух тысяч до четырех тысяч рублей; на юридических лиц - от пяти тысяч до десяти тысяч рублей.
2. Действия (бездействие), предусмотренные частью 1 настоящей статьи, повлекшие невозможность проведения или завершения проверки, -
влекут наложение административного штрафа на должностных лиц в размере от пяти тысяч до десяти тысяч рублей; на юридических лиц - от двадцати тысяч до пятидесяти тысяч рублей.
3. Повторное совершение административного правонарушения, предусмотренного частью 2 настоящей статьи, -
влечет наложение административного штрафа на должностных лиц в размере от десяти тысяч до двадцати тысяч рублей или дисквалификацию на срок от шести месяцев до одного года; на юридических лиц - от пятидесяти тысяч до ста тысяч рублей.
Статья 19.5. Невыполнение в срок законного предписания (постановления, представления, решения) органа (должностного лица), осуществляющего государственный надзор (контроль) (в ред. Федерального закона от 20.08.2004 N 114-ФЗ)
1. Невыполнение в установленный срок законного предписания (постановления, представления, решения) органа (должностного лица), осуществляющего государственный надзор (контроль), об устранении нарушений законодательства - (в ред. Федерального закона от 20.08.2004 N 114-ФЗ)
влечет наложение административного штрафа на граждан в размере от трехсот до пятисот рублей; на должностных лиц - от одной тысячи до двух тысяч рублей или дисквалификацию на срок до трех лет; на юридических лиц - от десяти тысяч до двадцати тысяч рублей. (в ред. Федеральных законов от 09.05.2005 N 45-ФЗ, от 22.06.2007 N 116-ФЗ)
2. Невыполнение в установленный срок законного предписания, решения органа, уполномоченного в области экспортного контроля, его территориального органа - (в ред. Федеральных законов от 20.08.2004 N 114-ФЗ, от 08.05.2006 N 65-ФЗ, от 09.04.2007 N 45-ФЗ)
влечет наложение административного штрафа на должностных лиц в размере от пяти тысяч до десяти тысяч рублей или дисквалификацию на срок до трех лет; на юридических лиц - от двухсот тысяч до пятисот тысяч рублей. (в ред. Федеральных законов от 09.05.2005 N 45-ФЗ, от 22.06.2007 N 116-ФЗ)
2.1. Невыполнение в установленный срок законного решения, предписания федерального
антимонопольного органа, его территориального органа о прекращении ограничивающих конкуренцию соглашений и (или) согласованных действий и совершении действий, направленных на обеспечение конкуренции, или выданного при осуществлении контроля за использованием государственной или муниципальной преференции законного решения, предписания федерального антимонопольного органа, его территориального органа о совершении предусмотренных антимонопольным законодательством Российской Федерации действий - (в ред. Федерального закона от 06.12.2011 N 404-ФЗ)
влечет наложение административного штрафа на должностных лиц в размере от восемнадцати тысяч до двадцати тысяч рублей либо дисквалификацию на срок до трех лет; на юридических лиц - от трехсот тысяч до пятисот тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ) (часть вторая.1 введена Федеральным законом от 09.04.2007 N 45-ФЗ)
2.2. Невыполнение в установленный срок законного решения, предписания федерального антимонопольного органа, его территориального органа о прекращении злоупотребления хозяйствующим субъектом доминирующим положением на товарном рынке и совершении предусмотренных антимонопольным законодательством Российской Федерации действий, направленных на обеспечение конкуренции, -
влечет наложение административного штрафа на должностных лиц в размере от шестнадцати тысяч до двадцати тысяч рублей либо дисквалификацию на срок до трех лет; на юридических лиц - от трехсот тысяч до пятисот тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ) (часть вторая.2 введена Федеральным законом от 09.04.2007 N 45-ФЗ)
2.3. Невыполнение в установленный срок законного решения, предписания федерального антимонопольного органа, его территориального органа о прекращении нарушения правил недискриминационного доступа к товарам (работам, услугам) или выданного при осуществлении государственного контроля за экономической концентрацией законного решения, предписания федерального антимонопольного органа, его территориального органа о совершении предусмотренных антимонопольным законодательством Российской Федерации действий, направленных на обеспечение конкуренции, -
влечет наложение административного штрафа на должностных лиц в размере от двенадцати тысяч до двадцати тысяч рублей либо дисквалификацию на срок до трех лет; на юридических лиц - от трехсот тысяч до пятисот тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ) (часть вторая.3 введена Федеральным законом от 09.04.2007 N 45-ФЗ)
2.4. Невыполнение в установленный срок законного решения, предписания федерального антимонопольного органа, его территориального органа о прекращении нарушения законодательства Российской Федерации о рекламе или законного решения, предписания федерального антимонопольного органа, его территориального органа об отмене либо изменении противоречащего законодательству Российской Федерации о рекламе акта федерального органа исполнительной власти, акта органа исполнительной власти субъекта Российской Федерации или акта органа местного самоуправления -
влечет наложение административного штрафа на должностных лиц в размере от двенадцати тысяч до двадцати тысяч рублей; на юридических лиц - от трехсот тысяч до пятисот тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ) (часть вторая.4 введена Федеральным законом от 09.04.2007 N 45-ФЗ)
2.5. Невыполнение в установленный срок законного решения, предписания федерального антимонопольного органа, его территориального органа о прекращении недобросовестной конкуренции -
влечет наложение административного штрафа на должностных лиц в размере от десяти тысяч до двадцати тысяч рублей; на юридических лиц - от ста тысяч до трехсот тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ) (часть вторая.5 введена Федеральным законом от 09.04.2007 N 45-ФЗ)
2.6. Невыполнение в установленный срок законного решения, предписания федерального
антимонопольного органа, его территориального органа о прекращении нарушения антимонопольного законодательства Российской Федерации, законодательства Российской Федерации о естественных монополиях, законного решения, предписания федерального антимонопольного органа, его территориального органа о прекращении либо недопущении ограничивающих конкуренцию действий или законного решения, предписания федерального антимонопольного органа, его территориального органа о совершении предусмотренных законодательством Российской Федерации действий, за исключением случаев, предусмотренных частями 2.1 - 2.5 настоящей статьи, -
влечет наложение административного штрафа на должностных лиц в размере от восьми тысяч до двенадцати тысяч рублей либо дисквалификацию на срок до трех лет; на юридических лиц - от ста тысяч до пятисот тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ) (часть вторая.6 введена Федеральным законом от 09.04.2007 N 45-ФЗ)
2.7. Невыполнение в установленный срок предписания федерального антимонопольного органа, его территориального органа об отмене либо изменении противоречащего законодательству об основах государственного регулирования торговой деятельности в Российской Федерации акта и (или) о прекращении действий (бездействия) органа исполнительной власти субъекта Российской Федерации, органа местного самоуправления, иного осуществляющего функции указанных органов органа или организации, которые приводят или могут привести к установлению на товарном рынке правил осуществления торговой деятельности, нарушающих требования, установленные законодательством об основах государственного регулирования торговой деятельности в Российской Федерации, -
влечет наложение административного штрафа на должностных лиц в размере пятидесяти тысяч рублей либо дисквалификацию на срок от одного года до трех лет. (часть 2.7 введена Федеральным законом от 28.12.2010 N 411-ФЗ)
3. Невыполнение в установленный срок законного предписания, решения органа регулирования естественных монополий, его территориального органа - (в ред. Федерального закона от 20.08.2004 N 114-ФЗ)
влечет наложение административного штрафа на должностных лиц в размере от пяти тысяч до десяти тысяч рублей или дисквалификацию на срок до трех лет; на юридических лиц - от двухсот тысяч до пятисот тысяч рублей. (в ред. Федеральных законов от 09.05.2005 N 45-ФЗ, от 22.06.2007 N 116-ФЗ)
4. Невыполнение в установленный срок законного предписания органа, осуществляющего контроль и надзор в области долевого строительства многоквартирных домов и (или) иных объектов недвижимости, -
влечет наложение административного штрафа на должностных лиц в размере от десяти тысяч до пятнадцати тысяч рублей; на юридических лиц - от ста тысяч до двухсот тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ) (часть четвертая введена Федеральным законом от 30.12.2004 N 214-ФЗ)
5. Невыполнение в установленный срок законного предписания, решения органа, уполномоченного в области государственного регулирования тарифов, -
влечет наложение административного штрафа на должностных лиц в размере пятидесяти тысяч рублей или дисквалификацию на срок до трех лет; на юридических лиц - от ста тысяч до ста пятидесяти тысяч рублей. (в ред. Федеральных законов от 22.06.2007 N 116-ФЗ, от 25.12.2008 N 281-ФЗ) (часть пятая введена Федеральным законом от 31.12.2005 N 199-ФЗ)
6. Невыполнение в установленный срок законного предписания уполномоченных на осуществление государственного строительного надзора федерального органа исполнительной власти, органов исполнительной власти субъектов Российской Федерации -
влечет наложение административного штрафа на граждан в размере от одной тысячи пятисот до двух тысяч пятисот рублей; на должностных лиц - от пяти тысяч до десяти тысяч рублей; на лиц, осуществляющих предпринимательскую деятельность без образования юридического лица, - от пяти тысяч до десяти тысяч рублей или административное приостановление их деятельности на срок до девяноста суток; на юридических лиц - от пятидесяти тысяч до ста тысяч рублей или административное
приостановление их деятельности на срок до девяноста суток. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ) (часть шестая введена Федеральным законом от 18.12.2006 N 232-ФЗ)
7. Невыполнение в установленный срок законного предписания, требования органа исполнительной власти, уполномоченного на осуществление контроля в сфере размещения заказов на поставки товаров, выполнение работ, оказание услуг для нужд заказчиков, его территориального органа - (в ред. Федерального закона от 08.05.2010 N 83-ФЗ)
влечет наложение административного штрафа на должностных лиц в размере пятидесяти тысяч рублей; на юридических лиц - в размере пятисот тысяч рублей. (часть седьмая введена Федеральным законом от 24.07.2007 N 218-ФЗ)
8. Невыполнение в установленный срок законных требований лиц, уполномоченных на осуществление государственного ветеринарного надзора, о проведении противоэпизоотических и других мероприятий, совершенное в период осуществления на соответствующей территории ограничительных мероприятий (карантина), -
влечет наложение административного штрафа на граждан в размере от одной тысячи до одной тысячи пятисот рублей; на должностных лиц - от пяти тысяч до семи тысяч рублей; на лиц, осуществляющих предпринимательскую деятельность без образования юридического лица, - от пяти тысяч до семи тысяч рублей или административное приостановление деятельности на срок до девяноста суток; на юридических лиц - от девяноста тысяч до ста тысяч рублей или административное приостановление деятельности на срок до девяноста суток. (часть восьмая введена Федеральным законом от 03.12.2008 N 247-ФЗ)
9. Невыполнение в установленный срок законного предписания федерального органа исполнительной власти в области финансовых рынков или его территориального органа -
влечет наложение административного штрафа на должностных лиц в размере от двадцати тысяч до тридцати тысяч рублей; на юридических лиц - от пятисот тысяч до семисот тысяч рублей. (часть девятая введена Федеральным законом от 09.02.2009 N 9-ФЗ)
10. Невыполнение в установленный срок законного предписания, требования органа исполнительной власти, уполномоченного на осуществление контроля (надзора) в сфере обеспечения транспортной безопасности, -
влечет наложение административного штрафа на граждан в размере пяти тысяч рублей; на должностных лиц - от двадцати тысяч до тридцати тысяч рублей; на юридических лиц - от двадцати тысяч до пятидесяти тысяч рублей. (часть 10 введена Федеральным законом от 27.07.2010 N 195-ФЗ)
11. Невыполнение в установленный срок или ненадлежащее выполнение законного предписания федерального органа исполнительной власти, осуществляющего государственный контроль и надзор в сфере безопасного ведения работ, связанных с пользованием недрами, промышленной безопасности и безопасности гидротехнических сооружений, -
влечет наложение административного штрафа на должностных лиц в размере от тридцати тысяч до пятидесяти тысяч рублей или дисквалификацию на срок от одного года до трех лет; на юридических лиц - от четырехсот тысяч до семисот тысяч рублей. (часть 11 введена Федеральным законом от 23.07.2010 N 171-ФЗ)
12. Невыполнение в установленный срок законного предписания органа, осуществляющего государственный пожарный надзор, -
влечет наложение административного штрафа на граждан в размере от одной тысячи пятисот до двух тысяч рублей; на должностных лиц - от трех тысяч до четырех тысяч рублей; на юридических лиц - от семидесяти тысяч до восьмидесяти тысяч рублей. (часть 12 введена Федеральным законом от 03.06.2011 N 120-ФЗ)
13. Невыполнение в установленный срок законного предписания органа, осуществляющего государственный пожарный надзор, на объектах защиты, на которых осуществляется деятельность в сфере
здравоохранения, образования и социального обслуживания, -
влечет наложение административного штрафа на граждан в размере от двух тысяч до трех тысяч рублей; на должностных лиц - от пяти тысяч до шести тысяч рублей или дисквалификацию на срок до трех лет; на юридических лиц - от девяноста тысяч до ста тысяч рублей. (часть 13 введена Федеральным законом от 03.06.2011 N 120-ФЗ)
14. Повторное совершение административного правонарушения, предусмотренного частью 12 или 13 настоящей статьи, -
влечет наложение административного штрафа на граждан в размере от четырех тысяч до пяти тысяч рублей; на должностных лиц - от пятнадцати тысяч до двадцати тысяч рублей или дисквалификацию на срок до трех лет; на юридических лиц - от ста пятидесяти тысяч до двухсот тысяч рублей. (часть 14 введена Федеральным законом от 03.06.2011 N 120-ФЗ)
15. Невыполнение изготовителем (исполнителем, продавцом, лицом, выполняющим функции иностранного изготовителя), органом по сертификации или испытательной лабораторией (центром) в установленный срок законного решения, предписания федерального органа исполнительной власти, уполномоченного на осуществление государственного контроля (надзора) за соблюдением требований технических регламентов к продукции, в том числе к зданиям и сооружениям, либо к продукции (впервые выпускаемой в обращение продукции) и связанным с требованиями к продукции процессам проектирования (включая изыскания), производства, строительства, монтажа, наладки, эксплуатации, хранения, перевозки, реализации или утилизации, -
влечет наложение административного штрафа на должностных лиц в размере от тридцати тысяч до пятидесяти тысяч рублей; на юридических лиц - от трехсот тысяч до пятисот тысяч рублей. (часть 15 введена Федеральным законом от 18.07.2011 N 237-ФЗ)
17. Невыполнение в установленный срок законного предписания федерального органа исполнительной власти, осуществляющего функции по контролю и надзору в сфере безопасности при использовании атомной энергии, -
влечет наложение административного штрафа на должностных лиц в размере от тридцати тысяч до пятидесяти тысяч рублей или дисквалификацию на срок от одного года до трех лет; на юридических лиц - от четырехсот тысяч до семисот тысяч рублей. (часть 17 введена Федеральным законом от 30.11.2011 N 347-ФЗ)
Примечание. За административные правонарушения, предусмотренные частью 11 настоящей статьи, лица, осуществляющие предпринимательскую деятельность без образования юридического лица, несут административную ответственность как юридические лица. (примечание введено Федеральным законом от 23.07.2010 N 171-ФЗ)
Статья 19.6. Непринятие мер по устранению причин и условий, способствовавших совершению административного правонарушения
Непринятие по постановлению (представлению) органа (должностного лица), рассмотревшего дело об административном правонарушении, мер по устранению причин и условий, способствовавших совершению административного правонарушения, -
влечет наложение административного штрафа на должностных лиц в размере от четырех тысяч до пяти тысяч рублей. (в ред. Федерального закона от 03.06.2011 N 120-ФЗ)
Статья 19.6.1. Несоблюдение должностными лицами органов государственного контроля (надзора) требований законодательства о государственном контроле (надзоре)
(введена Федеральным законом от 27.07.2010 N 239-ФЗ)
1. Несоблюдение должностными лицами федеральных органов исполнительной власти, органов исполнительной власти субъектов Российской Федерации, уполномоченных на осуществление государственного контроля (надзора), требований законодательства о государственном контроле (надзоре), выразившееся в проведении проверки при отсутствии оснований для ее проведения, нарушении сроков
проведения проверки, отсутствии согласования внеплановой выездной проверки с органами прокуратуры, проведении проверки без распоряжения (приказа) руководителя или заместителя руководителя органа государственного контроля (надзора), непредставлении акта о проведенной проверке, привлечении к проведению мероприятий по контролю не аккредитованных в установленном порядке граждан или организаций либо проведении плановой проверки, не включенной в ежегодный план проведения плановых проверок, -
влечет предупреждение или наложение административного штрафа на должностных лиц в размере от трех тысяч до пяти тысяч рублей.
2. Повторное совершение административного правонарушения, предусмотренного частью 1 настоящей статьи, -
влечет наложение административного штрафа на должностных лиц в размере от пяти тысяч до десяти тысяч рублей.
Статья 19.7. Непредставление сведений (информации)
Непредставление или несвоевременное представление в государственный орган (должностному лицу) сведений (информации), представление которых предусмотрено законом и необходимо для осуществления этим органом (должностным лицом) его законной деятельности, а равно представление в государственный орган (должностному лицу) таких сведений (информации) в неполном объеме или в искаженном виде, за исключением случаев, предусмотренных частью 4 статьи 14.28, статьями 19.7.1, 19.7.2, 19.7.3, 19.7.4, 19.7.5, 19.7.5-1, 19.8 настоящего Кодекса, - (в ред. Федеральных законов от 31.12.2005 N 199-ФЗ, от 24.07.2007 N 218-ФЗ, от 09.02.2009 N 9-ФЗ, от 17.07.2009 N 160-ФЗ, от 17.06.2010 N 119-ФЗ, от 27.07.2010 N 195-ФЗ, от 27.07.2010 N 239-ФЗ, от 18.07.2011 N 237-ФЗ)
влечет предупреждение или наложение административного штрафа на граждан в размере от ста до трехсот рублей; на должностных лиц - от трехсот до пятисот рублей; на юридических лиц - от трех тысяч до пяти тысяч рублей. (в ред. Федеральных законов от 22.06.2007 N 116-ФЗ, от 27.07.2010 N 239-ФЗ)
Статья 19.7.1. Непредставление сведений или представление заведомо недостоверных сведений в орган, уполномоченный в области государственного регулирования тарифов
(введена Федеральным законом от 31.12.2005 N 199-ФЗ)
1. Непредставление сведений в орган, уполномоченный в области государственного регулирования тарифов, если обязательность представления сведений предусмотрена нормативными правовыми актами для установления, изменения, введения или отмены тарифов, а также исполнения указанным органом полномочий по контролю (надзору), сбору информации, а равно их непредставление в указанный уполномоченным органом срок - (в ред. Федеральных законов от 25.12.2008 N 281-ФЗ, от 27.07.2010 N 237-ФЗ)
влечет наложение административного штрафа на должностных лиц в размере от трех тысяч до пяти тысяч рублей; на юридических лиц - от пятидесяти тысяч до ста тысяч рублей. (в ред. Федерального закона от 27.07.2010 N 237-ФЗ)
2. Представление заведомо недостоверных сведений в орган, уполномоченный в области государственного регулирования тарифов, если обязательность представления сведений предусмотрена нормативными правовыми актами для установления, изменения, введения или отмены тарифов, а также исполнения указанным органом полномочий по контролю (надзору), сбору информации, - (в ред. Федеральных законов от 25.12.2008 N 281-ФЗ, от 27.07.2010 N 237-ФЗ)
влечет наложение административного штрафа на должностных лиц в размере от пяти тысяч до десяти тысяч рублей; на юридических лиц - от ста тысяч до ста пятидесяти тысяч рублей. (в ред. Федерального закона от 27.07.2010 N 237-ФЗ)
3. Совершение административных правонарушений, предусмотренных частями 1 и 2 настоящей статьи, должностным лицом, ранее подвергнутым административному наказанию за аналогичное административное правонарушение, -
влечет дисквалификацию на срок от одного года до двух лет. (часть 3 введена Федеральным законом от 27.07.2010 N 237-ФЗ)
Статья 19.7.2. Непредставление сведений или представление заведомо недостоверных сведений в орган, уполномоченный на осуществление контроля в сфере размещения заказов на поставки товаров, выполнение работ, оказание услуг для нужд заказчиков (в ред. Федерального закона от 08.05.2010 N 83-ФЗ)
(введена Федеральным законом от 24.07.2007 N 218-ФЗ)
Непредставление или несвоевременное представление в орган, уполномоченный на осуществление контроля в сфере размещения заказов на поставки товаров, выполнение работ, оказание услуг для нужд заказчиков, сведений (информации), если представление таких сведений (информации) является обязательным в соответствии с законодательством о размещении заказов на поставки товаров, выполнение работ, оказание услуг для государственных и муниципальных нужд, либо представление заведомо недостоверных сведений - (в ред. Федерального закона от 08.05.2010 N 83-ФЗ)
влечет наложение административного штрафа на должностных лиц в размере от десяти тысяч до пятидесяти тысяч рублей; на юридических лиц - в размере от ста тысяч до пятисот тысяч рублей.
Статья 19.7.3. Непредставление информации в федеральный орган исполнительной власти в области финансовых рынков
(введена Федеральным законом от 09.02.2009 N 9-ФЗ)
Непредставление или нарушение порядка либо сроков представления в федеральный орган исполнительной власти в области финансовых рынков или его территориальный орган отчетов, уведомлений и иной информации, предусмотренной законодательством и необходимой для осуществления этим органом (должностным лицом) его законной деятельности, либо представление информации не в полном объеме и (или) недостоверной информации, если эти действия (бездействие) не содержат уголовно наказуемого деяния, - (в ред. Федерального закона от 27.07.2010 N 224-ФЗ)
влечет наложение административного штрафа на граждан в размере от двух тысяч до четырех тысяч рублей; на должностных лиц - от двадцати тысяч до тридцати тысяч рублей или дисквалификацию на срок до одного года; на юридических лиц - от пятисот тысяч до семисот тысяч рублей.
Статья 19.7.4. Непредставление сведений либо несвоевременное представление сведений о заключении контракта либо о его изменении, исполнении или расторжении в федеральный орган исполнительной власти, орган исполнительной власти субъекта Российской Федерации, орган местного самоуправления, уполномоченные на ведение реестров контрактов, заключенных по итогам размещения заказов, в соответствии с законодательством Российской Федерации о размещении заказов на поставки товаров, выполнение работ, оказание услуг для государственных и муниципальных нужд (в ред. Федерального закона от 08.05.2010 N 83-ФЗ)
(введена Федеральным законом от 17.07.2009 N 160-ФЗ)
Непредставление сведений либо несвоевременное представление должностным лицом заказчика сведений о заключении контракта либо о его изменении, исполнении или расторжении в федеральный орган исполнительной власти, орган исполнительной власти субъекта Российской Федерации, орган местного самоуправления, уполномоченные на ведение реестров контрактов, заключенных по итогам размещения заказов, если представление таких сведений является обязательным в соответствии с законодательством Российской Федерации о размещении заказов на поставки товаров, выполнение работ, оказание услуг для государственных и муниципальных нужд, а равно представление заведомо недостоверных сведений - (в ред. Федерального закона от 08.05.2010 N 83-ФЗ)
влечет наложение административного штрафа на должностных лиц в размере двадцати тысяч рублей.
Статья 19.7.5. Непредставление информации об актах незаконного вмешательства
(введена Федеральным законом от 27.07.2010 N 195-ФЗ)
Непредставление или несвоевременное представление субъектом транспортной инфраструктуры либо перевозчиком информации об угрозах совершения или о совершении актов незаконного вмешательства на объектах транспортной инфраструктуры и транспортных средствах в компетентные органы в области обеспечения транспортной безопасности -
влечет наложение административного штрафа на граждан в размере от трех тысяч до пяти тысяч рублей; на должностных лиц - от двадцати тысяч до тридцати тысяч рублей; на юридических лиц - от тридцати тысяч до пятидесяти тысяч рублей.
Статья 19.7.5-1. Нарушение юридическим лицом или индивидуальным предпринимателем установленного порядка представления уведомлений о начале осуществления предпринимательской деятельности
(введена Федеральным законом от 27.07.2010 N 239-ФЗ)
1. Непредставление юридическим лицом или индивидуальным предпринимателем уведомления о начале осуществления предпринимательской деятельности в случае, если представление такого уведомления является обязательным, -
влечет наложение административного штрафа на должностных лиц в размере от трех тысяч до пяти тысяч рублей; на юридических лиц - от десяти тысяч до двадцати тысяч рублей.
2. Представление юридическим лицом или индивидуальным предпринимателем уведомления о начале осуществления предпринимательской деятельности, содержащего недостоверные сведения, в случае, если представление такого уведомления является обязательным, -
влечет наложение административного штрафа на должностных лиц в размере от пяти тысяч до десяти тысяч рублей; на юридических лиц - от двадцати тысяч до тридцати тысяч рублей.
Статья 19.7.6. Незаконный отказ в доступе должностного лица налогового органа к осмотру территорий, помещений налогоплательщика, в отношении которого проводится налоговая проверка
(введена Федеральным законом от 27.07.2010 N 229-ФЗ)
Незаконный отказ в доступе, а равно незаконное воспрепятствование доступу должностного лица налогового органа, проводящего налоговую проверку в соответствии с законодательством Российской Федерации о налогах и сборах, к осмотру производственных, складских, торговых и иных помещений и территорий, используемых налогоплательщиком для извлечения дохода либо связанных с содержанием объектов налогообложения, -
влечет наложение административного штрафа на должностных лиц в размере десяти тысяч рублей.
Статья 19.8. Непредставление ходатайств, уведомлений (заявлений), сведений (информации) в федеральный антимонопольный орган, его территориальные органы, органы регулирования естественных монополий или органы, уполномоченные в области экспортного контроля (в ред. Федерального закона от 08.05.2006 N 65-ФЗ)
(в ред. Федерального закона от 20.08.2004 N 114-ФЗ)
1. Непредставление ходатайств и уведомлений (заявлений) в органы регулирования естественных монополий, если представление таких ходатайств и уведомлений (заявлений) является обязательным в соответствии с законодательством Российской Федерации о естественных монополиях, представление ходатайств и уведомлений (заявлений), содержащих заведомо недостоверные сведения, а равно нарушение установленных законодательством Российской Федерации о естественных монополиях порядка и сроков подачи ходатайств и уведомлений (заявлений) - (в ред. Федерального закона от 09.04.2007 N 45-ФЗ)
влечет наложение административного штрафа на граждан в размере от одной тысячи пятисот до двух тысяч пятисот рублей; на должностных лиц - от трех тысяч до пяти тысяч рублей; на юридических лиц - от ста тысяч до пятисот тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
2. Непредставление в органы регулирования естественных монополий или органы, уполномоченные в
области экспортного контроля, сведений (информации), если представление таких сведений (информации) является обязательным в соответствии с законодательством Российской Федерации о естественных монополиях, об экспортном контроле, либо представление заведомо недостоверных сведений, за исключением случаев, предусмотренных частью 1 настоящей статьи, - (в ред. Федеральных законов от 08.05.2006 N 65-ФЗ, от 09.04.2007 N 45-ФЗ)
влечет наложение административного штрафа на граждан в размере от одной тысячи до одной тысячи пятисот рублей; на должностных лиц - от двух тысяч до трех тысяч рублей; на юридических лиц - от пятидесяти тысяч до ста тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
3. Непредставление в федеральный антимонопольный орган, его территориальный орган ходатайств, предусмотренных антимонопольным законодательством Российской Федерации, представление ходатайств, содержащих заведомо недостоверные сведения, а равно нарушение установленных антимонопольным законодательством Российской Федерации порядка и сроков подачи ходатайств -
влечет наложение административного штрафа на граждан в размере от одной тысячи пятисот до двух тысяч пятисот рублей; на должностных лиц - от пятнадцати тысяч до двадцати тысяч рублей; на юридических лиц - от трехсот тысяч до пятисот тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ) (часть третья введена Федеральным законом от 09.04.2007 N 45-ФЗ)
4. Непредставление в федеральный антимонопольный орган, его территориальный орган уведомлений, предусмотренных антимонопольным законодательством Российской Федерации, представление уведомлений, содержащих заведомо недостоверные сведения, а равно нарушение установленных антимонопольным законодательством Российской Федерации порядка и сроков подачи уведомлений -
влечет наложение административного штрафа на граждан в размере от восьмисот до одной тысячи двухсот рублей; на должностных лиц - от пяти тысяч до семи тысяч пятисот рублей; на юридических лиц - от ста пятидесяти тысяч до двухсот пятидесяти тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ) (часть четвертая введена Федеральным законом от 09.04.2007 N 45-ФЗ)
5. Непредставление или несвоевременное представление в федеральный антимонопольный орган, его территориальный орган сведений (информации), предусмотренных антимонопольным законодательством Российской Федерации, в том числе непредставление сведений (информации) по требованию указанных органов, за исключением случаев, предусмотренных частями 3 и 4 настоящей статьи, а равно представление в федеральный антимонопольный орган, его территориальный орган заведомо недостоверных сведений (информации) - (в ред. Федерального закона от 06.12.2011 N 404-ФЗ)
влечет наложение административного штрафа на граждан в размере от одной тысячи пятисот до двух тысяч пятисот рублей; на должностных лиц - от десяти тысяч до пятнадцати тысяч рублей; на юридических лиц - от трехсот тысяч до пятисот тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ) (часть пятая введена Федеральным законом от 09.04.2007 N 45-ФЗ)
6. Непредставление в федеральный антимонопольный орган, его территориальный орган сведений (информации), предусмотренных законодательством о рекламе, а равно представление таких сведений (информации) в неполном объеме или в искаженном виде либо представление недостоверных сведений (информации) -
влечет наложение административного штрафа на должностных лиц в размере от двух тысяч до десяти тысяч рублей; на юридических лиц - от двадцати тысяч до двухсот тысяч рублей. (часть шестая введена Федеральным законом от 28.12.2009 N 380-ФЗ)
Статья 19.8.1. Непредоставление сведений или предоставление заведомо ложных сведений о своей деятельности субъектами естественных монополий и (или) организациями коммунального комплекса
(введена Федеральным законом от 25.12.2008 N 281-ФЗ)
1. Непредоставление сведений или предоставление заведомо ложных сведений о своей деятельности, неопубликование или опубликование заведомо ложных сведений о своей деятельности субъектами естественных монополий и (или) организациями коммунального комплекса, если опубликование и (или) предоставление таких сведений являются обязательными в соответствии с законодательством Российской Федерации, а равно нарушение установленных стандартов раскрытия информации о регулируемой деятельности субъектов естественных монополий и (или) организаций коммунального комплекса и форм ее предоставления и (или) заполнения, включая сроки и периодичность предоставления информации субъектами естественных монополий и (или) организациями коммунального комплекса, за исключением случаев, предусмотренных статьей 9.15 настоящего Кодекса, - (в ред. Федерального закона от 17.07.2009 N 160-ФЗ)
влечет наложение административного штрафа на должностных лиц в размере от пяти тысяч до двадцати тысяч рублей; на юридических лиц - от ста тысяч до пятисот тысяч рублей.
2. Совершение административного правонарушения, предусмотренного частью 1 настоящей статьи, должностным лицом, ранее подвергнутым административному наказанию за аналогичное административное правонарушение, -
влечет дисквалификацию на срок от одного года до трех лет.
Статья 19.8.2. Непредставление ходатайств, уведомлений (информации), сведений (информации) в федеральный орган исполнительной власти, уполномоченный на выполнение функций по контролю за осуществлением иностранных инвестиций в Российской Федерации
(введена Федеральным законом от 06.12.2011 N 404-ФЗ)
1. Непредставление в федеральный орган исполнительной власти, уполномоченный на выполнение функций по контролю за осуществлением иностранных инвестиций в Российской Федерации, ходатайств, предусмотренных законодательством об иностранных инвестициях на территории Российской Федерации, представление ходатайств, содержащих заведомо недостоверные сведения, либо нарушение установленных законодательством об иностранных инвестициях на территории Российской Федерации порядка и сроков подачи ходатайств -
влечет наложение административного штрафа на граждан в размере от трех тысяч до пяти тысяч рублей; на должностных лиц - от тридцати тысяч до пятидесяти тысяч рублей; на юридических лиц - от пятисот тысяч до одного миллиона рублей.
2. Непредставление в федеральный орган исполнительной власти, уполномоченный на выполнение функций по контролю за осуществлением иностранных инвестиций в Российской Федерации, уведомлений (информации), предусмотренных законодательством об иностранных инвестициях на территории Российской Федерации, представление уведомлений (информации), содержащих заведомо недостоверные сведения, либо нарушение установленных законодательством об иностранных инвестициях на территории Российской Федерации порядка и сроков подачи уведомлений (информации) -
влечет наложение административного штрафа на граждан в размере от двух тысяч до трех тысяч рублей; на должностных лиц - от пятнадцати тысяч до тридцати тысяч рублей; на юридических лиц - от двухсот пятидесяти тысяч до пятисот тысяч рублей.
3. Непредставление в федеральный орган исполнительной власти, уполномоченный на выполнение функций по контролю за осуществлением иностранных инвестиций в Российской Федерации, сведений (информации), предусмотренных законодательством об иностранных инвестициях на территории Российской Федерации, в том числе непредставление сведений (информации) по требованию указанного органа, за исключением случаев, предусмотренных частями 1 и 2 настоящей статьи, либо представление в указанный орган заведомо недостоверных сведений (информации) -
влечет наложение административного штрафа на граждан в размере от трех тысяч до пяти тысяч рублей; на должностных лиц - от тридцати тысяч до пятидесяти тысяч рублей; на юридических лиц - от пятисот тысяч до одного миллиона рублей.
Статья 19.9. Нарушение сроков рассмотрения заявлений (ходатайств) о предоставлении земельных участков или водных объектов
1. Нарушение должностным лицом установленных законодательством сроков рассмотрения заявлений (ходатайств) граждан о предоставлении земельных участков или сокрытие информации о наличии свободного земельного фонда -
влечет предупреждение или наложение административного штрафа в размере от ста до трехсот рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
2. Нарушение должностным лицом установленных законодательством сроков рассмотрения заявлений (ходатайств) граждан о предоставлении водных объектов -
влечет предупреждение или наложение административного штрафа в размере от ста до трехсот рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 19.10. Нарушение законодательства о наименованиях географических объектов
Нарушение установленных правил присвоения или употребления наименований географических объектов -
влечет наложение административного штрафа на должностных лиц в размере от двух тысяч до трех тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 19.11. Нарушение порядка изготовления, использования, хранения или уничтожения бланков, печатей либо иных носителей изображения Государственного герба Российской Федерации
Нарушение порядка изготовления, использования, хранения или уничтожения бланков, печатей либо иных носителей изображения Государственного герба Российской Федерации -
влечет наложение административного штрафа в размере от пятисот до одной тысячи рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 19.12. Передача либо попытка передачи запрещенных предметов лицам, содержащимся в учреждениях уголовно-исполнительной системы, следственных изоляторах или изоляторах временного содержания
Передача либо попытка передачи любым способом лицам, содержащимся в учреждениях уголовно-исполнительной системы, следственных изоляторах или изоляторах временного содержания и иных местах содержания под стражей, предметов, веществ или продуктов питания, приобретение, хранение или использование которых запрещено законом, -
влечет наложение административного штрафа в размере от одной тысячи до одной тысячи пятисот рублей с конфискацией запрещенных предметов, веществ или продуктов питания. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 19.13. Заведомо ложный вызов специализированных служб
Заведомо ложный вызов пожарной охраны, полиции, скорой медицинской помощи или иных специализированных служб - (в ред. Федерального закона от 07.02.2011 N 4-ФЗ)
влечет наложение административного штрафа в размере от одной тысячи до одной тысячи пятисот рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 19.14. Нарушение правил извлечения, производства, использования, обращения, получения, учета и хранения драгоценных металлов, жемчуга, драгоценных камней или изделий, их содержащих
(в ред. Федерального закона от 07.12.2011 N 420-ФЗ)
Нарушение установленных правил извлечения, производства, использования, обращения (торговли, перевозки, пересылки, залоговых операций, сделок, совершаемых банками с физическими и юридическими лицами), получения, учета и хранения драгоценных металлов, жемчуга, драгоценных камней или изделий,
их содержащих, а равно правил сбора и сдачи в государственный фонд лома и отходов таких металлов, камней или изделий -
влечет наложение административного штрафа на граждан в размере от трех тысяч до пяти тысяч рублей; на должностных лиц организаций, совершающих операции с драгоценными металлами, драгоценными камнями во всех видах или изделиями, их содержащими, - от десяти тысяч до пятнадцати тысяч рублей; на юридических лиц - от тридцати тысяч до пятидесяти тысяч рублей.
Статья 19.15. Проживание гражданина Российской Федерации без удостоверения личности гражданина (паспорта) или без регистрации
1. Проживание по месту жительства или по месту пребывания гражданина Российской Федерации, обязанного иметь удостоверение личности гражданина (паспорт), без удостоверения личности гражданина (паспорта) или по недействительному удостоверению личности гражданина (паспорту) либо без регистрации по месту пребывания или по месту жительства - (в ред. Федерального закона от 08.12.2003 N 161-ФЗ)
влечет наложение административного штрафа в размере от одной тысячи пятисот до двух тысяч пятисот рублей. (в ред. Федеральных законов от 25.10.2004 N 126-ФЗ, от 22.06.2007 N 116-ФЗ)
2. Допущение лицом, ответственным за соблюдение правил регистрационного учета, проживания гражданина Российской Федерации без удостоверения личности гражданина (паспорта) или по недействительному удостоверению личности гражданина (паспорту) либо без регистрации по месту пребывания или по месту жительства, а равно допущение гражданином проживания в занимаемом им или в принадлежащем ему на праве собственности жилом помещении лиц без удостоверения личности гражданина (паспорта) либо без регистрации по месту пребывания или по месту жительства -
влечет наложение административного штрафа в размере от двух тысяч до двух тысяч пятисот рублей. (в ред. Федеральных законов от 25.10.2004 N 126-ФЗ, от 22.06.2007 N 116-ФЗ)
Статья 19.16. Умышленная порча удостоверения личности гражданина (паспорта) либо утрата удостоверения личности гражданина (паспорта) по небрежности
Умышленные уничтожение или порча удостоверения личности гражданина (паспорта) либо небрежное хранение удостоверения личности гражданина (паспорта), повлекшее утрату удостоверения личности гражданина (паспорта), -
влечет предупреждение или наложение административного штрафа в размере от ста до трехсот рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 19.17. Незаконное изъятие удостоверения личности гражданина (паспорта) или принятие удостоверения личности гражданина (паспорта) в залог
1. Незаконное изъятие должностным лицом удостоверения личности гражданина (паспорта) -
влечет наложение административного штрафа в размере от ста до трехсот рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
2. Принятие удостоверения личности гражданина (паспорта) в залог -
влечет предупреждение или наложение административного штрафа в размере ста рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 19.18. Представление ложных сведений для получения удостоверения личности гражданина (паспорта) либо других документов, удостоверяющих личность или гражданство
Представление заведомо ложных сведений для получения удостоверения личности гражданина (паспорта), в том числе заграничного паспорта, либо других документов, удостоверяющих личность или гражданство, -
влечет наложение административного штрафа на граждан в размере от ста до трехсот рублей; на должностных лиц - от пятисот до одной тысячи рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 19.19. Нарушение законодательства об обеспечении единства измерений
(в ред. Федерального закона от 18.07.2011 N 237-ФЗ)
1. Нарушение законодательства об обеспечении единства измерений в части выполнения измерений, относящихся к сфере государственного регулирования обеспечения единства измерений, без применения аттестованных методик (методов) измерений, с несоблюдением требований аттестованных методик (методов) измерений, либо несоблюдения установленного порядка уведомления о своей деятельности по выпуску из производства предназначенных для применения в сфере государственного регулирования обеспечения единства измерений эталонов единиц величин, стандартных образцов и (или) средств измерений или по их ввозу на территорию Российской Федерации и продаже, либо несоблюдения порядка проведения испытаний стандартных образцов или средств измерений в целях утверждения типа, порядка поверки средств измерений, либо применения в сфере государственного регулирования обеспечения единства измерений стандартных образцов неутвержденного типа, средств измерений неутвержденного типа и (или) не прошедших в установленном порядке поверку, либо несоблюдения обязательных метрологических и технических требований к средствам измерений и обязательных требований к условиям их эксплуатации, либо несоблюдения порядка утверждения, содержания, сличения и применения государственных первичных эталонов единиц величин, порядка передачи единиц величин от государственных эталонов, порядка установления обязательных требований к эталонам единиц величин, используемым для обеспечения единства измерений в сфере государственного регулирования обеспечения единства измерений, порядка оценки соответствия этим требованиям и порядка их применения, либо использования в сфере государственного регулирования обеспечения единства измерений не допущенных к применению в Российской Федерации единиц величин -
влечет наложение административного штрафа на должностных лиц в размере от двадцати тысяч до пятидесяти тысяч рублей; на юридических лиц - от пятидесяти тысяч до ста тысяч рублей.
2. Установление должностными лицами, осуществляющими государственный метрологический надзор, требований, не соответствующих законодательству об обеспечении единства измерений в части испытаний стандартных образцов или средств измерений в целях утверждения типа, поверки средств измерений, аттестации методик (методов) измерений, -
влечет предупреждение или наложение административного штрафа в размере от двадцати тысяч до тридцати тысяч рублей.
3. Нарушение должностными лицами, осуществляющими функции по оказанию государственных услуг и управлению государственным имуществом в области обеспечения единства измерений, сроков принятия решения об отнесении технических средств к средствам измерений, об утверждении типа стандартных образцов и (или) типа средств измерений либо нарушение должностными лицами, осуществляющими функции по аккредитации в области обеспечения единства измерений, сроков принятия решения об аккредитации юридического лица или индивидуального предпринимателя на выполнение работ и (или) оказание услуг в области обеспечения единства измерений -
влечет наложение административного штрафа в размере от двадцати тысяч до тридцати тысяч рублей.
Статья 19.20. Осуществление деятельности, не связанной с извлечением прибыли, без специального разрешения (лицензии)
(в ред. Федерального закона от 08.11.2010 N 293-ФЗ)
1. Осуществление деятельности, не связанной с извлечением прибыли, без специального разрешения (лицензии), если такое разрешение (лицензия) обязательно (обязательна), -
влечет предупреждение или наложение административного штрафа на граждан в размере от пятисот до одной тысячи рублей; на должностных лиц - от тридцати тысяч до пятидесяти тысяч рублей или дисквалификацию на срок от одного года до трех лет; на лиц, осуществляющих предпринимательскую деятельность без образования юридического лица, - от тридцати тысяч до сорока тысяч рублей или
административное приостановление деятельности на срок до девяноста суток; на юридических лиц - от ста семидесяти тысяч до двухсот пятидесяти тысяч рублей или административное приостановление деятельности на срок до девяноста суток.
2. Осуществление деятельности, не связанной с извлечением прибыли, с нарушением требований или условий специального разрешения (лицензии), если такое разрешение (лицензия) обязательно (обязательна), -
влечет предупреждение или наложение административного штрафа на граждан в размере от трехсот до пятисот рублей; на должностных лиц - от пятнадцати тысяч до двадцати пяти тысяч рублей; на лиц, осуществляющих предпринимательскую деятельность без образования юридического лица, - от пяти тысяч до десяти тысяч рублей; на юридических лиц - от семидесяти тысяч до ста тысяч рублей.
3. Осуществление деятельности, не связанной с извлечением прибыли, с грубым нарушением требований или условий специального разрешения (лицензии), если такое разрешение (лицензия) обязательно (обязательна), -
влечет наложение административного штрафа на должностных лиц в размере от двадцати тысяч до тридцати тысяч рублей; на лиц, осуществляющих предпринимательскую деятельность без образования юридического лица, - от десяти тысяч до двадцати тысяч рублей или административное приостановление деятельности на срок до девяноста суток; на юридических лиц - от ста тысяч до ста пятидесяти тысяч рублей или административное приостановление деятельности на срок до девяноста суток.
Примечание. Понятие грубого нарушения устанавливается Правительством Российской Федерации в отношении конкретного лицензируемого вида деятельности.
Статья 19.21. Несоблюдение порядка государственной регистрации прав на недвижимое имущество или сделок с ним
Несоблюдение собственником, арендатором или иным пользователем установленного порядка государственной регистрации прав на недвижимое имущество или сделок с ним -
влечет наложение административного штрафа на граждан в размере от одной тысячи пятисот до двух тысяч рублей; на должностных лиц - от трех тысяч до четырех тысяч рублей; на юридических лиц - от тридцати тысяч до сорока тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 19.22. Нарушение правил государственной регистрации транспортных средств всех видов, механизмов и установок
(в ред. Федерального закона от 31.01.2012 N 2-ФЗ)
1. Нарушение правил государственной регистрации транспортных средств всех видов (за исключением морских судов и судов смешанного (река - море) плавания), механизмов и установок в случае, если регистрация обязательна, -
влечет предупреждение или наложение административного штрафа на граждан в размере ста рублей; на должностных лиц - от ста до трехсот рублей; на юридических лиц - от одной тысячи до трех тысяч рублей.
2. Нарушение правил регистрации морских судов либо правил государственной регистрации судов смешанного (река - море) плавания и прав на них либо невыполнение собственником судна или фрахтователем судна в установленный федеральным законом срок обязанности по регистрации морского судна либо государственной регистрации судна смешанного (река - море) плавания в одном из реестров судов Российской Федерации или обязанности по информированию органа, в котором зарегистрировано судно, об изменении сведений, вносимых в реестры судов Российской Федерации, -
влечет наложение административного штрафа на граждан в размере от одной тысячи пятисот до двух тысяч рублей; на должностных лиц - от трех тысяч до четырех тысяч рублей; на юридических лиц - от тридцати тысяч до сорока тысяч рублей.
Статья 19.23. Подделка документов, штампов, печатей или бланков, их использование, передача либо сбыт
Подделка документа, удостоверяющего личность, подтверждающего наличие у лица права или освобождение его от обязанности, а равно подделка штампа, печати, бланка, их использование, передача либо сбыт -
влечет наложение административного штрафа на юридических лиц в размере от тридцати тысяч до сорока тысяч рублей с конфискацией орудий совершения административного правонарушения. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 19.24. Несоблюдение административных ограничений и невыполнение обязанностей, устанавливаемых при административном надзоре
(в ред. Федерального закона от 06.04.2011 N 66-ФЗ)
1. Несоблюдение лицом, в отношении которого установлен административный надзор, административных ограничения или ограничений, установленных ему судом в соответствии с федеральным законом, если эти действия (бездействие) не содержат уголовно наказуемого деяния, -
влечет наложение административного штрафа в размере от одной тысячи до одной тысячи пятисот рублей либо административный арест на срок до пятнадцати суток.
2. Невыполнение лицом, в отношении которого установлен административный надзор, обязанностей, предусмотренных федеральным законом, если эти действия (бездействие) не содержат уголовно наказуемого деяния, -
влечет предупреждение или наложение административного штрафа в размере от пятисот до одной тысячи рублей.
Статья 19.25. Неисполнение военно-транспортных мобилизационных обязанностей
Неисполнение установленных законодательством Российской Федерации военно-транспортных мобилизационных обязанностей -
влечет предупреждение или наложение административного штрафа на граждан в размере от трехсот до пятисот рублей; на должностных лиц - от пятисот до одной тысячи рублей; на юридических лиц - от десяти тысяч до двадцати тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 19.26. Заведомо ложное заключение эксперта
(введена Федеральным законом от 20.08.2004 N 118-ФЗ)
Заведомо ложное заключение эксперта при осуществлении государственного контроля (надзора) -
влечет наложение административного штрафа в размере от одной тысячи до одной тысячи пятисот рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 19.27. Представление ложных сведений при осуществлении миграционного учета
(введена Федеральным законом от 05.11.2006 N 189-ФЗ)
1. Представление при осуществлении миграционного учета заведомо ложных сведений либо подложных документов иностранным гражданином или лицом без гражданства -
влечет наложение административного штрафа в размере от двух тысяч до пяти тысяч рублей с административным выдворением за пределы Российской Федерации или без такового. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
2. Представление при осуществлении миграционного учета заведомо ложных сведений об иностранном гражданине или о лице без гражданства либо подложных документов принимающей стороной -
влечет наложение административного штрафа на граждан в размере от двух тысяч до пяти тысяч рублей; на должностных лиц - от тридцати пяти тысяч до пятидесяти тысяч рублей; на юридических лиц - от трехсот пятидесяти тысяч до восьмисот тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 19.28. Незаконное вознаграждение от имени юридического лица
(в ред. Федерального закона от 04.05.2011 N 97-ФЗ)
1. Незаконные передача, предложение или обещание от имени или в интересах юридического лица должностному лицу, лицу, выполняющему управленческие функции в коммерческой или иной организации, иностранному должностному лицу либо должностному лицу публичной международной организации денег, ценных бумаг, иного имущества, оказание ему услуг имущественного характера, предоставление имущественных прав за совершение в интересах данного юридического лица должностным лицом, лицом, выполняющим управленческие функции в коммерческой или иной организации, иностранным должностным лицом либо должностным лицом публичной международной организации действия (бездействие), связанного с занимаемым ими служебным положением, -
влечет наложение административного штрафа на юридических лиц в размере до трехкратной суммы денежных средств, стоимости ценных бумаг, иного имущества, услуг имущественного характера, иных имущественных прав, незаконно переданных или оказанных либо обещанных или предложенных от имени юридического лица, но не менее одного миллиона рублей с конфискацией денег, ценных бумаг, иного имущества или стоимости услуг имущественного характера, иных имущественных прав.
2. Действия, предусмотренные частью 1 настоящей статьи, совершенные в крупном размере, -
влекут наложение административного штрафа на юридических лиц до тридцатикратного размера суммы денежных средств, стоимости ценных бумаг, иного имущества, услуг имущественного характера, иных имущественных прав, незаконно переданных или оказанных либо обещанных или предложенных от имени юридического лица, но не менее двадцати миллионов рублей с конфискацией денег, ценных бумаг, иного имущества или стоимости услуг имущественного характера, иных имущественных прав.
3. Действия, предусмотренные частью 1 настоящей статьи, совершенные в особо крупном размере, -
влекут наложение административного штрафа на юридических лиц в размере до стократной суммы денежных средств, стоимости ценных бумаг, иного имущества, услуг имущественного характера, иных имущественных прав, незаконно переданных или оказанных либо обещанных или предложенных от имени юридического лица, но не менее ста миллионов рублей с конфискацией денег, ценных бумаг, иного имущества или стоимости услуг имущественного характера, иных имущественных прав.
Примечания:
1. В настоящей статье под должностным лицом понимаются лица, указанные в примечаниях 1 - 3 к статье 285 Уголовного кодекса Российской Федерации.
2. В настоящей статье под лицом, выполняющим управленческие функции в коммерческой или иной организации, понимается лицо, указанное в примечании 1 к статье 201 Уголовного кодекса Российской Федерации.
3. В настоящей статье под иностранным должностным лицом понимается любое назначаемое или избираемое лицо, занимающее какую-либо должность в законодательном, исполнительном, административном или судебном органе иностранного государства, и любое лицо, выполняющее какую-либо публичную функцию для иностранного государства, в том числе для публичного ведомства или публичного предприятия; под должностным лицом публичной международной организации понимается международный гражданский служащий или любое лицо, которое уполномочено такой организацией действовать от ее имени.
4. В настоящей статье крупным размером признаются сумма денег, стоимость ценных бумаг, иного имущества, услуг имущественного характера, иных имущественных прав, превышающие один миллион рублей, особо крупным размером - превышающие двадцать миллионов рублей.
Статья 19.29. Незаконное привлечение к трудовой деятельности либо к выполнению работ или оказанию услуг
государственного или муниципального служащего либо бывшего государственного или муниципального служащего
(в ред. Федерального закона от 21.11.2011 N 329-ФЗ)
Привлечение работодателем либо заказчиком работ (услуг) к трудовой деятельности на условиях трудового договора либо к выполнению работ или оказанию услуг на условиях гражданско-правового договора государственного или муниципального служащего, замещающего должность, включенную в перечень, установленный нормативными правовыми актами, либо бывшего государственного или муниципального служащего, замещавшего такую должность, с нарушением требований, предусмотренных Федеральным законом от 25 декабря 2008 года N 273-ФЗ "О противодействии коррупции", -
влечет наложение административного штрафа на граждан в размере от двух тысяч до четырех тысяч рублей; на должностных лиц - от двадцати тысяч до пятидесяти тысяч рублей; на юридических лиц - от ста тысяч до пятисот тысяч рублей.
Статья 19.30. Нарушение требований к ведению образовательной деятельности и организации образовательного процесса
(введена Федеральным законом от 03.06.2009 N 104-ФЗ)
1. Нарушение установленных законодательством Российской Федерации в области образования требований к ведению образовательной деятельности, выразившееся в ведении образовательной деятельности представительствами образовательных организаций или нарушении правил оказания платных образовательных услуг, -
влечет наложение административного штрафа на должностных лиц в размере от тридцати тысяч до пятидесяти тысяч рублей; на юридических лиц - от ста тысяч до двухсот тысяч рублей.
2. Реализация не в полном объеме образовательных программ в соответствии с учебным планом и графиком учебного процесса либо незаконный отказ в выдаче документов государственного образца об уровне образования и (или) квалификации -
влечет наложение административного штрафа на должностных лиц в размере от двадцати тысяч до сорока тысяч рублей; на юридических лиц - от пятидесяти тысяч до ста тысяч рублей.
3. Выдача образовательными организациями, не имеющими государственной аккредитации, документов государственного образца об уровне образования и (или) квалификации либо выдача образовательными организациями, имеющими государственную аккредитацию, документов государственного образца об уровне образования и (или) квалификации по образовательным программам, не прошедшим государственной аккредитации, -
влечет наложение административного штрафа на должностных лиц в размере пятидесяти тысяч рублей или дисквалификацию на срок от шести месяцев до одного года; на юридических лиц - от ста тысяч до пятисот тысяч рублей.
4. Умышленное искажение результатов государственной (итоговой) аттестации и предусмотренных законодательством Российской Федерации в области образования олимпиад школьников, а равно нарушение установленного законодательством Российской Федерации в области образования порядка проведения государственной (итоговой) аттестации -
влечет наложение административного штрафа на граждан в размере от трех тысяч до пяти тысяч рублей; на должностных лиц - от двадцати тысяч до сорока тысяч рублей; на юридических лиц - от пятидесяти тысяч до двухсот тысяч рублей.
5. Нарушение установленного законодательством Российской Федерации в области образования порядка приема в образовательную организацию -
влечет наложение административного штрафа на должностных лиц в размере от десяти тысяч до тридцати тысяч рублей; на юридических лиц - от пятидесяти тысяч до ста тысяч рублей.
6. Совершение административного правонарушения, предусмотренного частью 3 или 4 настоящей статьи, должностным лицом, ранее подвергнутым административному наказанию за аналогичное
административное правонарушение, -
влечет дисквалификацию на срок от одного года до двух лет.
Статья 19.31. Нарушение сроков хранения рекламных материалов
(введена Федеральным законом от 28.12.2009 N 380-ФЗ)
Нарушение рекламодателем, рекламопроизводителем или рекламораспространителем сроков хранения рекламных материалов или их копий, а также договоров на производство, размещение или распространение рекламы, установленных законодательством о рекламе, -
влечет наложение административного штрафа на граждан в размере от одной тысячи до двух тысяч рублей; на должностных лиц - от двух тысяч до десяти тысяч рублей; на юридических лиц - от двадцати тысяч до двухсот тысяч рублей.
Статья 19.32. Нарушение законодательства об общественном контроле за обеспечением прав человека в местах принудительного содержания
(введена Федеральным законом от 01.07.2010 N 132-ФЗ)
1. Воспрепятствование осуществлению в соответствии с законодательством Российской Федерации общественного контроля за обеспечением прав человека в местах принудительного содержания -
влечет предупреждение или наложение административного штрафа на должностных лиц в размере от пятисот до одной тысячи рублей.
2. Нарушение членом общественной наблюдательной комиссии требований уголовно-исполнительного законодательства Российской Федерации, нормативных правовых актов по вопросам исполнения наказаний, а также невыполнение законных требований администрации места принудительного содержания -
влечет предупреждение или наложение административного штрафа на граждан в размере от пятисот до одной тысячи рублей.
Статья 19.33. Невыполнение требований о представлении образцов продукции, документов или сведений, необходимых для осуществления государственного контроля (надзора) в сфере технического регулирования
(введена Федеральным законом от 18.07.2011 N 237-ФЗ)
Непредставление либо уклонение изготовителя, исполнителя (лица, выполняющего функции иностранного изготовителя), продавца от представления образцов продукции, документов или сведений, необходимых для осуществления государственного контроля (надзора) в сфере технического регулирования, за исключением случаев, предусмотренных статьей 8.23, частью 2 статьи 13.4, статьями 13.8 и 14.37 настоящего Кодекса, -
влечет наложение административного штрафа на должностных лиц в размере от сорока тысяч до пятидесяти тысяч рублей; на юридических лиц - от двухсот тысяч до трехсот тысяч рублей.
Глава 20. АДМИНИСТРАТИВНЫЕ ПРАВОНАРУШЕНИЯ, ПОСЯГАЮЩИЕ НА ОБЩЕСТВЕННЫЙ ПОРЯДОК И ОБЩЕСТВЕННУЮ БЕЗОПАСНОСТЬ
Статья 20.1. Мелкое хулиганство
(в ред. Федерального закона от 08.12.2003 N 161-ФЗ)
1. Мелкое хулиганство, то есть нарушение общественного порядка, выражающее явное неуважение к обществу, сопровождающееся нецензурной бранью в общественных местах, оскорбительным приставанием к гражданам, а равно уничтожением или повреждением чужого имущества, -
влечет наложение административного штрафа в размере от пятисот до одной тысячи рублей или административный арест на срок до пятнадцати суток. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
2. Те же действия, сопряженные с неповиновением законному требованию представителя власти либо иного лица, исполняющего обязанности по охране общественного порядка или пресекающего нарушение общественного порядка, -
влекут наложение административного штрафа в размере от одной тысячи до двух тысяч пятисот рублей или административный арест на срок до пятнадцати суток. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 20.2. Нарушение установленного порядка организации либо проведения собрания, митинга, демонстрации, шествия или пикетирования
1. Нарушение установленного порядка организации собрания, митинга, демонстрации, шествия или пикетирования -
влечет наложение административного штрафа на организаторов в размере от одной тысячи до двух тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
2. Нарушение установленного порядка проведения собрания, митинга, демонстрации, шествия или пикетирования -
влечет наложение административного штрафа на организаторов в размере от одной тысячи до двух тысяч рублей; на участников - от пятисот до одной тысячи рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
3. Организация либо проведение несанкционированных собрания, митинга, демонстрации, шествия или пикетирования в непосредственной близости от территории ядерной установки, радиационного источника или пункта хранения ядерных материалов или радиоактивных веществ, а равно активное участие в таких акциях, если это осложнило выполнение персоналом указанных объектов служебных обязанностей или создало угрозу безопасности населения и окружающей среды, -
влечет наложение административного штрафа в размере от одной тысячи до двух тысяч рублей или административный арест на срок до пятнадцати суток. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 20.2.1. Утратила силу. - Федеральный закон от 29.04.2006 N 57-ФЗ.
Статья 20.3. Пропаганда и публичное демонстрирование нацистской атрибутики или символики
(в ред. Федерального закона от 25.07.2002 N 112-ФЗ)
1. Пропаганда и публичное демонстрирование нацистской атрибутики или символики либо атрибутики или символики, сходных с нацистской атрибутикой или символикой до степени смешения, -
влечет наложение административного штрафа в размере от пятисот до одной тысячи рублей с конфискацией нацистской или иной указанной атрибутики или символики либо административный арест на срок до пятнадцати суток с конфискацией нацистской или иной указанной атрибутики или символики. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
2. Изготовление, сбыт или приобретение в целях сбыта нацистской атрибутики или символики либо атрибутики или символики, сходных с нацистской атрибутикой или символикой до степени смешения, направленные на их пропаганду, -
влечет наложение административного штрафа на граждан в размере от одной тысячи до двух тысяч пятисот рублей с конфискацией предмета административного правонарушения; на должностных лиц - от двух тысяч до пяти тысяч рублей с конфискацией предмета административного правонарушения; на юридических лиц - от двадцати тысяч до ста тысяч рублей с конфискацией предмета административного правонарушения. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ) (часть вторая введена Федеральным законом от 10.05.2007 N 70-ФЗ)
Статья 20.4. Нарушение требований пожарной безопасности
(в ред. Федерального закона от 03.06.2011 N 120-ФЗ)
1. Нарушение требований пожарной безопасности, за исключением случаев, предусмотренных статьями 8.32, 11.16 настоящего Кодекса и частями 3 - 8 настоящей статьи, -
влечет предупреждение или наложение административного штрафа на граждан в размере от одной тысячи до одной тысячи пятисот рублей; на должностных лиц - от шести тысяч до пятнадцати тысяч рублей; на юридических лиц - от ста пятидесяти тысяч до двухсот тысяч рублей.
2. Те же действия, совершенные в условиях особого противопожарного режима, -
влекут наложение административного штрафа на граждан в размере от двух тысяч до четырех тысяч рублей; на должностных лиц - от пятнадцати тысяч до тридцати тысяч рублей; на юридических лиц - от четырехсот тысяч до пятисот тысяч рублей.
3. Нарушение требований пожарной безопасности к внутреннему противопожарному водоснабжению, электроустановкам зданий, сооружений и строений, электротехнической продукции или первичным средствам пожаротушения либо требований пожарной безопасности об обеспечении зданий, сооружений и строений первичными средствами пожаротушения -
влечет наложение административного штрафа на граждан в размере от двух тысяч до трех тысяч рублей; на должностных лиц - от шести тысяч до пятнадцати тысяч рублей; на лиц, осуществляющих предпринимательскую деятельность без образования юридического лица, - от двадцати тысяч до тридцати тысяч рублей; на юридических лиц - от ста пятидесяти тысяч до двухсот тысяч рублей.
4. Нарушение требований пожарной безопасности к эвакуационным путям, эвакуационным и аварийным выходам либо системам автоматического пожаротушения и системам пожарной сигнализации, системам оповещения людей о пожаре и управления эвакуацией людей в зданиях, сооружениях и строениях или системам противодымной защиты зданий, сооружений и строений -
влечет наложение административного штрафа на граждан в размере от трех тысяч до четырех тысяч рублей; на должностных лиц - от пятнадцати тысяч до двадцати тысяч рублей; на лиц, осуществляющих предпринимательскую деятельность без образования юридического лица, - от тридцати тысяч до сорока тысяч рублей; на юридических лиц - от ста пятидесяти тысяч до двухсот тысяч рублей.
5. Повторное совершение административного правонарушения, предусмотренного частью 3 или 4 настоящей статьи, -
влечет наложение административного штрафа на граждан в размере от четырех тысяч до пяти тысяч рублей; на должностных лиц - от двадцати тысяч до тридцати тысяч рублей; на лиц, осуществляющих предпринимательскую деятельность без образования юридического лица, - от сорока тысяч до пятидесяти тысяч рублей или административное приостановление деятельности на срок до девяноста суток; на юридических лиц - от двухсот тысяч до четырехсот тысяч рублей или административное приостановление деятельности на срок до девяноста суток.
6. Нарушение требований пожарной безопасности, повлекшее возникновение пожара и уничтожение или повреждение чужого имущества либо причинение легкого или средней тяжести вреда здоровью человека, -
влечет наложение административного штрафа на граждан в размере от четырех тысяч до пяти тысяч рублей; на должностных лиц - от сорока тысяч до пятидесяти тысяч рублей; на юридических лиц - от трехсот пятидесяти тысяч до четырехсот тысяч рублей.
7. Неисполнение производителем (поставщиком) обязанности по включению в техническую документацию на вещества, материалы, изделия и оборудование информации о показателях пожарной опасности этих веществ, материалов, изделий и оборудования или информации о мерах пожарной безопасности при обращении с ними, если предоставление такой информации обязательно, -
влечет наложение административного штрафа на должностных лиц в размере от пятнадцати тысяч до двадцати тысяч рублей; на юридических лиц - от девяноста тысяч до ста тысяч рублей.
8. Нарушение требований пожарной безопасности об обеспечении проходов, проездов и подъездов к зданиям, сооружениям и строениям -
влечет наложение административного штрафа на граждан в размере от одной тысячи пятисот до двух тысяч рублей; на должностных лиц - от семи тысяч до десяти тысяч рублей; на юридических лиц - от ста двадцати тысяч до ста пятидесяти тысяч рублей.
Статья 20.5. Нарушение требований режима чрезвычайного положения
Нарушение требований режима чрезвычайного положения (за исключением нарушения правил комендантского часа) -
влечет наложение административного штрафа на граждан в размере от пятисот до одной тысячи рублей или административный арест на срок до тридцати суток; на должностных лиц - от одной тысячи до двух тысяч рублей или административный арест на срок до тридцати суток. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 20.6. Невыполнение требований норм и правил по предупреждению и ликвидации чрезвычайных ситуаций
1. Невыполнение предусмотренных законодательством обязанностей по защите населения и территорий от чрезвычайных ситуаций природного или техногенного характера, а равно невыполнение требований норм и правил по предупреждению аварий и катастроф на объектах производственного или социального назначения -
влечет наложение административного штрафа на должностных лиц в размере от десяти тысяч до двадцати тысяч рублей; на юридических лиц - от ста тысяч до двухсот тысяч рублей. (в ред. Федеральных законов от 22.06.2007 N 116-ФЗ, от 06.11.2011 N 295-ФЗ)
2. Непринятие мер по обеспечению готовности сил и средств, предназначенных для ликвидации чрезвычайных ситуаций, а равно несвоевременное направление в зону чрезвычайной ситуации сил и средств, предусмотренных утвержденным в установленном порядке планом ликвидации чрезвычайных ситуаций, -
влечет наложение административного штрафа на должностных лиц в размере от десяти тысяч до двадцати тысяч рублей. (в ред. Федеральных законов от 22.06.2007 N 116-ФЗ, от 06.11.2011 N 295-ФЗ)
Статья 20.7. Невыполнение требований и мероприятий в области гражданской обороны
(в ред. Федерального закона от 06.11.2011 N 295-ФЗ)
1. Невыполнение установленных федеральными законами и иными нормативными правовыми актами Российской Федерации специальных условий (правил) эксплуатации технических систем управления гражданской обороны и объектов гражданской обороны, использования и содержания систем оповещения, средств индивидуальной защиты, другой специальной техники и имущества гражданской обороны -
влечет наложение административного штрафа на должностных лиц в размере от пяти тысяч до десяти тысяч рублей; на юридических лиц - от пятидесяти тысяч до ста тысяч рублей.
2. Невыполнение мероприятий по подготовке к защите и по защите населения, материальных и культурных ценностей на территории Российской Федерации от опасностей, возникающих при ведении военных действий или вследствие этих действий, -
влечет наложение административного штрафа на должностных лиц в размере от десяти тысяч до двадцати тысяч рублей; на юридических лиц - от ста тысяч до двухсот тысяч рублей.
Статья 20.8. Нарушение правил производства, продажи, хранения или учета оружия и патронов к нему, порядка выдачи свидетельства о прохождении подготовки и проверки знания правил безопасного обращения с оружием и наличия навыков безопасного обращения с оружием или медицинских заключений об отсутствии противопоказаний к владению оружием
(в ред. Федерального закона от 28.12.2010 N 398-ФЗ)
1. Нарушение правил производства, продажи, хранения или учета оружия и патронов к нему -
влечет наложение административного штрафа на должностных лиц в размере от десяти тысяч до тридцати тысяч рублей; на юридических лиц - от пятидесяти тысяч до двухсот пятидесяти тысяч рублей.
2. Грубое нарушение лицензионных требований и условий производства, продажи, хранения или учета оружия и патронов к нему, если эти действия не содержат уголовно наказуемого деяния, -
влечет дисквалификацию должностных лиц на срок от шести месяцев до одного года; административное приостановление деятельности юридических лиц - на срок от десяти до шестидесяти суток.
3. Нарушение порядка выдачи свидетельства о прохождении подготовки и проверки знания правил безопасного обращения с оружием и наличия навыков безопасного обращения с оружием или медицинских заключений об отсутствии противопоказаний к владению оружием -
влечет наложение административного штрафа на должностных лиц в размере от десяти тысяч до пятидесяти тысяч рублей либо их дисквалификацию на срок от шести месяцев до одного года.
4. Нарушение правил хранения, ношения или уничтожения оружия и патронов к нему гражданами -
влечет наложение административного штрафа в размере от пятисот до двух тысяч рублей либо лишение права на приобретение и хранение или хранение и ношение оружия на срок от шести месяцев до одного года.
5. Нарушение правил коллекционирования или экспонирования оружия и патронов к нему -
влечет наложение административного штрафа на граждан в размере от одной тысячи до пяти тысяч рублей; на юридических лиц - от десяти тысяч до ста тысяч рублей либо административное приостановление их деятельности на срок до десяти суток.
6. Незаконные приобретение, продажа, передача, хранение, перевозка или ношение гражданского огнестрельного гладкоствольного оружия и огнестрельного оружия ограниченного поражения -
влечет наложение административного штрафа на граждан в размере от трех тысяч до пяти тысяч рублей с конфискацией оружия и патронов к нему либо административный арест на срок от пяти до пятнадцати суток с конфискацией оружия и патронов к нему; на должностных лиц - от десяти тысяч до пятидесяти тысяч рублей с конфискацией оружия и патронов к нему либо их дисквалификацию на срок от одного года до трех лет с конфискацией оружия и патронов к нему; на юридических лиц - от ста тысяч до пятисот тысяч рублей с конфискацией оружия и патронов к нему либо административное приостановление их деятельности на срок от десяти до шестидесяти суток.
Статья 20.9. Установка на гражданском или служебном оружии приспособления для бесшумной стрельбы или прицела (прицельного комплекса) ночного видения
Установка на гражданском или служебном оружии приспособления для бесшумной стрельбы или прицела (прицельного комплекса) ночного видения (за исключением прицелов для охоты), порядок использования которых устанавливается Правительством Российской Федерации, -
влечет наложение административного штрафа в размере от двух тысяч до двух тысяч пятисот рублей с конфискацией приспособления для бесшумной стрельбы или прицела (прицельного комплекса) ночного видения. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 20.10. Незаконные изготовление, продажа или передача пневматического оружия
Незаконные изготовление, продажа пневматического оружия или передача пневматического оружия с дульной энергией более 7,5 джоуля и калибра 4,5 миллиметра без разрешения органов внутренних дел -
влечет наложение административного штрафа на граждан в размере от одной тысячи до пяти тысяч рублей с конфискацией пневматического оружия или без таковой; на должностных лиц - от десяти тысяч до тридцати тысяч рублей с конфискацией пневматического оружия или без таковой либо их дисквалификацию
на срок от шести месяцев до одного года; на юридических лиц - от тридцати тысяч до пятидесяти тысяч рублей с конфискацией пневматического оружия или без таковой либо административное приостановление их деятельности на срок до тридцати суток. (в ред. Федерального закона от 28.12.2010 N 398-ФЗ)
Статья 20.11. Нарушение сроков регистрации (перерегистрации) оружия или сроков постановки его на учет
1. Нарушение гражданином установленных сроков регистрации приобретенного по лицензиям органов внутренних дел оружия, а равно установленных сроков продления (перерегистрации) разрешений (открытых лицензий) на его хранение и ношение или сроков постановки оружия на учет в органах внутренних дел при изменении гражданином постоянного места жительства -
влечет предупреждение или наложение административного штрафа в размере от одной тысячи до трех тысяч рублей. (в ред. Федеральных законов от 22.06.2007 N 116-ФЗ, от 28.12.2010 N 398-ФЗ)
2. Нарушение должностными лицами, ответственными за хранение и использование оружия, сроков постановки оружия на учет в органах внутренних дел, продления (перерегистрации) разрешений (открытых лицензий) на его хранение и ношение -
влечет наложение административного штрафа в размере от одной тысячи до пяти тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 20.12. Пересылка оружия, нарушение правил перевозки, транспортирования или использования оружия и патронов к нему
1. Пересылка оружия -
влечет наложение административного штрафа в размере от пятисот до одной тысячи рублей с конфискацией оружия или без таковой. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
2. Нарушение правил перевозки, транспортирования оружия и патронов к нему -
влечет наложение административного штрафа в размере от одной тысячи до одной тысячи пятисот рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
3. Нарушение правил использования оружия и патронов к нему -
влечет наложение административного штрафа в размере от одной тысячи пятисот до трех тысяч рублей либо лишение права на приобретение и хранение или хранение и ношение оружия на срок от одного года до двух лет. (в ред. Федеральных законов от 22.06.2007 N 116-ФЗ, от 28.12.2010 N 398-ФЗ)
Статья 20.13. Стрельба из оружия в не отведенных для этого местах
Стрельба из оружия в населенных пунктах и в других не отведенных для этого местах, а равно в отведенных для этого местах с нарушением установленных правил -
влечет наложение административного штрафа в размере от двух тысяч до пяти тысяч рублей с конфискацией оружия и патронов к нему либо лишение права на приобретение и хранение или хранение и ношение оружия на срок от одного года до трех лет с конфискацией оружия и патронов к нему. (в ред. Федеральных законов от 22.06.2007 N 116-ФЗ, от 28.12.2010 N 398-ФЗ)
Статья 20.14. Нарушение правил сертификации оружия и патронов к нему
Нарушение правил сертификации при производстве и обороте оружия и патронов к нему -
влечет наложение административного штрафа на граждан в размере от одной тысячи до одной тысячи пятисот рублей с конфискацией оружия и патронов к нему или без таковой; на должностных лиц - от двух тысяч до трех тысяч рублей; на юридических лиц - от двадцати тысяч до тридцати тысяч рублей с
конфискацией оружия и патронов к нему или без таковой. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 20.15. Продажа механических распылителей, аэрозольных и других устройств, снаряженных слезоточивыми или раздражающими веществами, электрошоковыми устройствами либо искровыми разрядниками, без соответствующей лицензии
Продажа механических распылителей, аэрозольных и других устройств, снаряженных слезоточивыми или раздражающими веществами, электрошоковыми устройствами либо искровыми разрядниками, без соответствующей лицензии -
влечет наложение административного штрафа на граждан в размере от двух тысяч до двух тысяч пятисот рублей с конфискацией предметов административного правонарушения; на должностных лиц - от четырех тысяч до пяти тысяч рублей с конфискацией предметов административного правонарушения; на юридических лиц - от сорока тысяч до пятидесяти тысяч рублей с конфискацией предметов административного правонарушения. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 20.16. Незаконная частная детективная или охранная деятельность
1. Незаконное осуществление частной охранной деятельности -
влечет наложение административного штрафа на граждан в размере от одной тысячи пятисот до двух тысяч пятисот рублей; на должностных лиц - от двух тысяч до трех тысяч рублей; на юридических лиц - от двадцати тысяч до тридцати тысяч рублей. (часть первая в ред. Федерального закона от 22.12.2008 N 272-ФЗ)
2. Незаконное осуществление частной детективной (сыскной) деятельности -
влечет наложение административного штрафа на граждан в размере от двух тысяч до двух тысяч пятисот рублей; на должностных лиц - от четырех тысяч до пяти тысяч рублей; на юридических лиц - от тридцати тысяч до сорока тысяч рублей. (часть вторая в ред. Федерального закона от 22.12.2008 N 272-ФЗ)
3. Осуществление негосударственными образовательными учреждениями деятельности по подготовке или переподготовке кадров для осуществления частной детективной или охранной деятельности без специального разрешения (лицензии) либо с нарушением установленных законом требований - (в ред. Федерального закона от 22.12.2008 N 272-ФЗ)
влечет наложение административного штрафа на руководителя учреждения в размере от четырех тысяч до пяти тысяч рублей. (в ред. Федеральных законов от 22.06.2007 N 116-ФЗ, от 22.12.2008 N 272-ФЗ)
4. Оказание частных детективных или охранных услуг, либо не предусмотренных законом, либо с нарушением установленных законом требований -
влечет наложение административного штрафа на частных детективов (охранников) в размере от одной тысячи пятисот до двух тысяч рублей; на руководителей частных охранных организаций - от трех тысяч до пяти тысяч рублей. (в ред. Федеральных законов от 22.06.2007 N 116-ФЗ, от 22.12.2008 N 272-ФЗ)
Статья 20.17. Нарушение пропускного режима охраняемого объекта
Самовольное проникновение на охраняемый в установленном порядке объект -
влечет наложение административного штрафа в размере от трехсот до пятисот рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 20.18. Блокирование транспортных коммуникаций
Организация блокирования, а равно активное участие в блокировании транспортных коммуникаций -
влечет наложение административного штрафа в размере от двух тысяч до двух тысяч пятисот рублей или административный арест на срок до пятнадцати суток. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 20.19. Нарушение особого режима в закрытом административно-территориальном образовании (ЗАТО)
Нарушение установленного законом особого режима в закрытом административно-территориальном образовании (ЗАТО) -
влечет наложение административного штрафа в размере от ста до одной тысячи рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 20.20. Распитие пива и напитков, изготавливаемых на его основе, алкогольной и спиртосодержащей продукции либо потребление наркотических средств или психотропных веществ в общественных местах
(в ред. Федерального закона от 05.12.2005 N 156-ФЗ)
1. Распитие пива и напитков, изготавливаемых на его основе, а также алкогольной и спиртосодержащей продукции с содержанием этилового спирта менее 12 процентов объема готовой продукции в детских, образовательных и медицинских организациях, на всех видах общественного транспорта (транспорта общего пользования) городского и пригородного сообщения, в организациях культуры (за исключением расположенных в них организаций или пунктов общественного питания, в том числе без образования юридического лица), физкультурно-оздоровительных и спортивных сооружениях -
влечет наложение административного штрафа в размере от ста до трехсот рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
2. Распитие алкогольной и спиртосодержащей продукции с содержанием этилового спирта 12 и более процентов объема готовой продукции на улицах, стадионах, в скверах, парках, в транспортном средстве общего пользования, в других общественных местах (в том числе указанных в части 1 настоящей статьи), за исключением организаций торговли и общественного питания, в которых разрешена продажа алкогольной продукции в розлив, -
влечет наложение административного штрафа в размере от пятисот до семисот рублей. (в ред. Федеральных законов от 22.06.2007 N 116-ФЗ, от 21.12.2009 N 336-ФЗ)
3. Потребление наркотических средств или психотропных веществ без назначения врача либо потребление иных одурманивающих веществ на улицах, стадионах, в скверах, парках, в транспортном средстве общего пользования, а также в других общественных местах -
влечет наложение административного штрафа в размере от четырех тысяч до пяти тысяч рублей или административный арест на срок до пятнадцати суток. (в ред. Федерального закона от 01.03.2012 N 18-ФЗ)
4. Действия, указанные в части 3 настоящей статьи, совершенные иностранным гражданином или лицом без гражданства, -
влекут наложение административного штрафа в размере от четырех тысяч до пяти тысяч рублей с административным выдворением за пределы Российской Федерации либо административный арест на срок до пятнадцати суток с административным выдворением за пределы Российской Федерации. (часть 4 введена Федеральным законом от 01.03.2012 N 18-ФЗ)
Статья 20.21. Появление в общественных местах в состоянии опьянения
Появление на улицах, стадионах, в скверах, парках, в транспортном средстве общего пользования, в других общественных местах в состоянии опьянения, оскорбляющем человеческое достоинство и общественную нравственность, -
влечет наложение административного штрафа в размере от ста до пятисот рублей или административный арест на срок до пятнадцати суток. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 20.22. Появление в состоянии опьянения несовершеннолетних, а равно распитие ими пива и напитков, изготавливаемых на его основе, алкогольной и спиртосодержащей продукции, потребление ими наркотических средств или психотропных веществ в общественных местах (в ред. Федерального закона от 05.12.2005 N 156-ФЗ)
Появление в состоянии опьянения несовершеннолетних в возрасте до шестнадцати лет, а равно распитие ими пива и напитков, изготавливаемых на его основе, алкогольной и спиртосодержащей продукции, потребление ими наркотических средств или психотропных веществ без назначения врача, иных одурманивающих веществ на улицах, стадионах, в скверах, парках, в транспортном средстве общего пользования, в других общественных местах - (в ред. Федерального закона от 05.12.2005 N 156-ФЗ)
влечет наложение административного штрафа на родителей или иных законных представителей несовершеннолетних в размере от трехсот до пятисот рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 20.23. Нарушение правил производства, хранения, продажи и приобретения специальных технических средств, предназначенных для негласного получения информации
1. Нарушение правил производства, хранения, продажи и приобретения специальных технических средств, предназначенных для негласного получения информации, при наличии специального разрешения (лицензии) -
влечет наложение административного штрафа на должностных лиц в размере от четырех тысяч до пяти тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
2. Нарушение правил разработки, ввоза в Российскую Федерацию и вывоза из Российской Федерации, а также порядка сертификации, регистрации и учета специальных технических средств, предназначенных для негласного получения информации, -
влечет наложение административного штрафа на граждан в размере от двух тысяч до двух тысяч пятисот рублей с конфискацией специальных технических средств, предназначенных для негласного получения информации; на должностных лиц - от трех тысяч до пяти тысяч рублей с конфискацией специальных технических средств, предназначенных для негласного получения информации. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 20.24. Незаконное использование специальных технических средств, предназначенных для негласного получения информации, в частной детективной или охранной деятельности
Использование в частной детективной или охранной деятельности специальных технических средств, предназначенных для негласного получения информации и не предусмотренных установленными перечнями, -
влечет наложение административного штрафа на частных детективов (охранников) в размере от одной тысячи до двух тысяч пятисот рублей с конфискацией незаконно используемых специальных технических средств; на руководителей частных охранных организаций (объединений, ассоциаций) - от одной тысячи до пяти тысяч рублей. (в ред. Федеральных законов от 22.06.2007 N 116-ФЗ, от 22.12.2008 N 272-ФЗ)
Статья 20.25. Уклонение от исполнения административного наказания (в ред. Федерального закона от 06.12.2011 N 410-ФЗ)
(в ред. Федерального закона от 08.12.2003 N 161-ФЗ)
1. Неуплата административного штрафа в срок, предусмотренный настоящим Кодексом, -
влечет наложение административного штрафа в двукратном размере суммы неуплаченного административного штрафа, но не менее одной тысячи рублей либо административный арест на срок до пятнадцати суток. (в ред. Федерального закона от 18.07.2011 N 226-ФЗ)
2. Самовольное оставление места отбывания административного ареста -
влечет административный арест на срок до пятнадцати суток.
3. Уклонение иностранного гражданина или лица без гражданства от исполнения административного наказания в виде административного выдворения за пределы Российской Федерации в форме контролируемого самостоятельного выезда из Российской Федерации -
влечет наложение административного штрафа в размере от трех тысяч до пяти тысяч рублей и принудительное выдворение за пределы Российской Федерации. (часть 3 введена Федеральным законом от 06.12.2011 N 410-ФЗ)
Статья 20.26. Самовольное прекращение работы как средство разрешения коллективного или индивидуального трудового спора
1. Самовольное прекращение работы либо оставление места работы как средство разрешения коллективного или индивидуального трудового спора лицом, обеспечивающим безопасность соответствующего вида деятельности для населения, если такие действия (бездействие) запрещены федеральным законом, -
влечет наложение административного штрафа в размере от одной тысячи до одной тысячи пятисот рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
2. Организация действий (бездействия), предусмотренных частью 1 настоящей статьи, -
влечет наложение административного штрафа в размере от одной тысячи пятисот до двух тысяч пятисот рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 20.27. Нарушение правового режима контртеррористической операции
(в ред. Федерального закона от 27.07.2006 N 153-ФЗ)
1. Неповиновение законному требованию должностного лица органа федеральной службы безопасности о соблюдении мер и временных ограничений, установленных на территории (объекте), в пределах которой (на котором) введен правовой режим контртеррористической операции, -
влечет наложение административного штрафа на граждан в размере до пятисот рублей; на должностных лиц - от одной тысячи до трех тысяч рублей; на юридических лиц - от пяти тысяч до десяти тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
2. Несанкционированное проникновение либо попытка проникновения на территорию (объект), в пределах которой (на котором) введен правовой режим контртеррористической операции, -
влечет наложение административного штрафа на граждан в размере от пятисот до одной тысячи рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
3. Воспрепятствование проведению контртеррористической операции -
влечет наложение административного штрафа на граждан в размере от одной тысячи до двух тысяч рублей или административный арест на срок до пятнадцати суток; на должностных лиц - от трех тысяч до пяти тысяч рублей или административный арест на срок до тридцати суток; на юридических лиц - от десяти тысяч до тридцати тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
4. Нарушение главным редактором, редакцией средства массовой информации, организацией, осуществляющей теле- и (или) радиовещание, либо иной организацией, осуществляющей выпуск или распространение средства массовой информации, установленных законодательством о средствах массовой информации условий освещения контртеррористической операции -
влечет наложение административного штрафа на граждан в размере от пятисот до двух тысяч
рублей; на должностных лиц - от одной тысячи до пяти тысяч рублей; на юридических лиц - от тридцати тысяч до ста тысяч рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 20.28. Организация деятельности общественного или религиозного объединения, в отношении которого принято решение о приостановлении его деятельности
(введена Федеральным законом от 29.04.2006 N 57-ФЗ)
Организация деятельности общественного или религиозного объединения, в отношении которого действует имеющее законную силу решение о приостановлении его деятельности, а также участие в такой деятельности -
влечет наложение административного штрафа на организаторов в размере от одной тысячи до двух тысяч рублей; на участников - от пятисот до одной тысячи рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 20.29. Производство и распространение экстремистских материалов
(введена Федеральным законом от 24.07.2007 N 211-ФЗ)
Массовое распространение экстремистских материалов, включенных в опубликованный федеральный список экстремистских материалов, а равно их производство либо хранение в целях массового распространения -
влечет наложение административного штрафа на граждан в размере от одной тысячи до трех тысяч рублей либо административный арест на срок до пятнадцати суток с конфискацией указанных материалов и оборудования, использованного для их производства; на должностных лиц - от двух тысяч до пяти тысяч рублей с конфискацией указанных материалов и оборудования, использованного для их производства; на юридических лиц - от пятидесяти тысяч до ста тысяч рублей или административное приостановление деятельности на срок до девяноста суток с конфискацией указанных материалов и оборудования, использованного для их производства.
Статья 20.30. Нарушение требований обеспечения безопасности и антитеррористической защищенности объектов топливно-энергетического комплекса
(введена Федеральным законом от 21.07.2011 N 257-ФЗ)
Нарушение требований обеспечения безопасности и антитеррористической защищенности объектов топливно-энергетического комплекса, а равно воспрепятствование соблюдению указанных требований должностными лицами, в том числе руководителями субъекта топливно-энергетического комплекса, гражданами, если эти действия не содержат уголовно наказуемого деяния, -
влечет наложение административного штрафа на граждан в размере от трех тысяч до пяти тысяч рублей; на должностных лиц - от тридцати тысяч до пятидесяти тысяч рублей или дисквалификацию на срок от шести месяцев до трех лет.
Глава 21. АДМИНИСТРАТИВНЫЕ ПРАВОНАРУШЕНИЯ В ОБЛАСТИ ВОИНСКОГО УЧЕТА
Статья 21.1. Непредставление в военный комиссариат или в иной орган, осуществляющий воинский учет, списков граждан, подлежащих первоначальной постановке на воинский учет
Непредставление руководителем или другим должностным лицом организации, а равно должностным лицом органа местного самоуправления, ответственными за военно-учетную работу, в установленный срок в военный комиссариат или в иной орган, осуществляющий воинский учет, списков граждан, подлежащих первоначальной постановке на воинский учет, -
влечет наложение административного штрафа в размере от трехсот до одной тысячи рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 21.2. Неоповещение граждан о вызове их по повестке военного комиссариата или иного органа, осуществляющего воинский учет
Неоповещение руководителем или другим должностным лицом организации, а равно должностным лицом органа местного самоуправления, ответственными за военно-учетную работу, граждан о вызове их по повестке военного комиссариата или иного органа, осуществляющего воинский учет, а равно необеспечение гражданам возможности своевременной явки по вызову по повестке военного комиссариата или иного органа, осуществляющего воинский учет, -
влечет наложение административного штрафа в размере от пятисот до одной тысячи рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 21.3. Несвоевременное представление сведений об изменениях состава постоянно проживающих граждан или граждан, пребывающих более трех месяцев в месте временного пребывания, состоящих или обязанных состоять на воинском учете
Непредставление в установленный срок руководителем или другим ответственным за военно-учетную работу должностным лицом организации, осуществляющей эксплуатацию жилых помещений, в военный комиссариат или в иной орган, осуществляющий воинский учет, сведений об изменениях состава постоянно проживающих граждан или граждан, пребывающих более трех месяцев в месте временного пребывания, состоящих или обязанных состоять на воинском учете, -
влечет наложение административного штрафа в размере от трехсот до одной тысячи рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 21.4. Несообщение сведений о гражданах, состоящих или обязанных состоять на воинском учете
1. Несообщение в установленный срок должностным лицом органа государственной службы медико-социальной экспертизы в военный комиссариат или в иной орган, осуществляющий воинский учет, сведений о признании граждан, состоящих или обязанных состоять на воинском учете, инвалидами -
влечет наложение административного штрафа в размере от трехсот до пятисот рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
2. Несообщение в установленный срок должностным лицом органа записи актов гражданского состояния в военный комиссариат или в иной орган, осуществляющий воинский учет, сведений о внесении изменений в записи актов гражданского состояния граждан, состоящих или обязанных состоять на воинском учете, -
влечет наложение административного штрафа в размере от трехсот до пятисот рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
3. Несообщение руководителем или другим ответственным за военно-учетную работу должностным лицом организации в военный комиссариат или в иной орган, осуществляющий воинский учет, сведений о принятых на работу (учебу) либо об уволенных с работы (отчисленных из образовательных учреждений) гражданах, состоящих или обязанных состоять, но не состоящих на воинском учете, -
влечет наложение административного штрафа в размере от трехсот до одной тысячи рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 21.5. Неисполнение гражданами обязанностей по воинскому учету
Неявка гражданина, состоящего или обязанного состоять на воинском учете, по вызову (повестке) военного комиссариата или иного органа, осуществляющего воинский учет, в установленные время и место без уважительной причины, неявка в установленный срок в военный комиссариат для постановки на воинский учет, снятия с воинского учета и внесения изменений в документы воинского учета при переезде на новое место жительства, расположенное за пределами территории муниципального образования, место пребывания на срок более трех месяцев либо выезде из Российской Федерации на срок более шести месяцев или въезде в Российскую Федерацию, а равно несообщение в установленный срок в военный комиссариат или в иной орган, осуществляющий воинский учет, об изменении семейного положения, образования, места работы или должности, о переезде на новое место жительства, расположенное в пределах территории муниципального образования, или место пребывания - (в ред. Федерального закона от 09.03.2010 N 27-ФЗ)
влечет предупреждение или наложение административного штрафа в размере от ста до пятисот рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 21.6. Уклонение от медицинского обследования
Уклонение гражданина от медицинского освидетельствования либо обследования по направлению комиссии по постановке граждан на воинский учет или от медицинского обследования по направлению призывной комиссии -
влечет предупреждение или наложение административного штрафа в размере от ста до пятисот рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Статья 21.7. Умышленные порча или утрата документов воинского учета
Умышленные порча или уничтожение военного билета или удостоверения гражданина, подлежащего призыву на военную службу, либо небрежное хранение военного билета или удостоверения гражданина, подлежащего призыву на военную службу, повлекшее их утрату, -
влечет предупреждение или наложение административного штрафа в размере от ста до пятисот рублей. (в ред. Федерального закона от 22.06.2007 N 116-ФЗ)
Раздел III. СУДЬИ, ОРГАНЫ, ДОЛЖНОСТНЫЕ ЛИЦА, УПОЛНОМОЧЕННЫЕ РАССМАТРИВАТЬ ДЕЛА ОБ АДМИНИСТРАТИВНЫХ ПРАВОНАРУШЕНИЯХ
Глава 22. ОБЩИЕ ПОЛОЖЕНИЯ
Статья 22.1. Судьи и органы, уполномоченные рассматривать дела об административных правонарушениях
1. Дела об административных правонарушениях, предусмотренных настоящим Кодексом, рассматриваются в пределах компетенции, установленной главой 23 настоящего Кодекса:
1) судьями (мировыми судьями);
2) комиссиями по делам несовершеннолетних и защите их прав;
3) федеральными органами исполнительной власти, их структурными подразделениями, территориальными органами и структурными подразделениями территориальных органов, а также иными государственными органами в соответствии с задачами и функциями, возложенными на них федеральными законами либо нормативными правовыми актами Президента Российской Федерации или Правительства Российской Федерации; (п. 3 в ред. Федерального закона от 28.12.2009 N 380-ФЗ)
4) органами и учреждениями уголовно-исполнительной системы; (п. 4 введен Федеральным законом от 28.12.2009 N 380-ФЗ)
5) органами, осуществляющими федеральный пробирный надзор и государственный контроль за производством, извлечением, переработкой, использованием, обращением, учетом и хранением драгоценных металлов и драгоценных камней; (п. 5 введен Федеральным законом от 28.12.2009 N 380-ФЗ)
6) органами исполнительной власти субъектов Российской Федерации в случае передачи им полномочий Российской Федерации на осуществление государственного контроля и надзора, указанными в главе 23 настоящего Кодекса; (п. 6 введен Федеральным законом от 28.12.2009 N 380-ФЗ)
7) государственными учреждениями, подведомственными соответственно федеральным органам исполнительной власти, уполномоченным в соответствии с федеральными законами на осуществление федерального государственного пожарного надзора, государственного портового контроля, государственного надзора в области использования и охраны особо охраняемых природных территорий на особо охраняемых природных территориях федерального значения.
(п. 7 введен Федеральным законом от 18.07.2011 N 242-ФЗ)
2. Дела об административных правонарушениях, предусмотренных законами субъектов Российской Федерации, рассматриваются в пределах полномочий, установленных этими законами:
1) мировыми судьями;
2) комиссиями по делам несовершеннолетних и защите их прав;
3) уполномоченными органами и учреждениями органов исполнительной власти субъектов Российской Федерации;
4) административными комиссиями, иными коллегиальными органами, создаваемыми в соответствии с законами субъектов Российской Федерации;
5) государственными учреждениями, подведомственными соответственно органам исполнительной власти субъектов Российской Федерации, уполномоченным в соответствии с федеральными законами на осуществление федерального государственного лесного надзора, государственного надзора в области использования и охраны особо охраняемых природных территорий на особо охраняемых природных территориях регионального значения. (п. 5 введен Федеральным законом от 18.07.2011 N 242-ФЗ)
Статья 22.2. Полномочия должностных лиц
(в ред. Федерального закона от 28.12.2009 N 380-ФЗ)
1. Дела об административных правонарушениях, предусмотренных настоящим Кодексом, рассматривают в пределах своих полномочий должностные лица, указанные в главе 23 настоящего Кодекса.
2. От имени органов, указанных в пункте 3 части 1 статьи 22.1 настоящего Кодекса, рассматривать дела об административных правонарушениях вправе:
1) руководители федеральных органов исполнительной власти, их заместители;
2) руководители структурных подразделений федеральных органов исполнительной власти, их заместители;
3) руководители территориальных органов федеральных органов исполнительной власти, их заместители;
4) руководители структурных подразделений территориальных органов федеральных органов исполнительной власти, их заместители;
5) иные должностные лица, осуществляющие в соответствии с федеральными законами либо нормативными правовыми актами Президента Российской Федерации или Правительства Российской Федерации надзорные или контрольные функции.
3. От имени органов, указанных в пункте 4 части 1 статьи 22.1 настоящего Кодекса, рассматривать дела об административных правонарушениях вправе начальники арестных домов, исправительных учреждений, следственных изоляторов и изоляторов временного содержания.
4. От имени органов, указанных в пункте 5 части 1 статьи 22.1 настоящего Кодекса, рассматривать дела об административных правонарушениях вправе:
1) руководитель федерального учреждения, осуществляющего федеральный пробирный надзор и государственный контроль за производством, извлечением, переработкой, использованием, обращением, учетом и хранением драгоценных металлов и драгоценных камней, его заместители;
2) руководители государственных инспекций пробирного надзора и руководители других структурных подразделений федерального учреждения, осуществляющего федеральный пробирный надзор и государственный контроль за производством, извлечением, переработкой, использованием, обращением,
учетом и хранением драгоценных металлов и драгоценных камней, их заместители (на территориях соответствующих районов деятельности).
5. От имени органов, указанных в пункте 6 части 1 статьи 22.1 настоящего Кодекса, рассматривать дела об административных правонарушениях вправе:
1) руководители органов исполнительной власти субъектов Российской Федерации, их заместители;
2) уполномоченные должностные лица органов исполнительной власти субъектов Российской Федерации.
6. Дела об административных правонарушениях, предусмотренных законами субъектов Российской Федерации, от имени органов, указанных в пункте 3 части 2 статьи 22.1 настоящего Кодекса, рассматривают уполномоченные должностные лица органов исполнительной власти субъектов Российской Федерации.
7. Должностные лица, уполномоченные рассматривать дела об административных правонарушениях, обладают этими полномочиями в полном объеме, если главой 23 настоящего Кодекса или законом субъекта Российской Федерации не установлено иное.
Статья 22.3. Подведомственность дел об административных правонарушениях в случае упразднения, реорганизации или переименования органов (должностей должностных лиц), уполномоченных рассматривать дела об административных правонарушениях
1. В случае упразднения указанных в главе 23 настоящего Кодекса или в законе субъекта Российской Федерации органа, учреждения, их структурных подразделений или территориальных органов, должности должностного лица до внесения в настоящий Кодекс или в закон субъекта Российской Федерации соответствующих изменений и дополнений подведомственные им дела об административных правонарушениях рассматривают судьи.
2. В случае преобразования, иной реорганизации либо переподчинения указанных в главе 23 настоящего Кодекса или в законе субъекта Российской Федерации органа, учреждения, их структурных подразделений или территориальных органов до внесения в настоящий Кодекс или в закон субъекта Российской Федерации соответствующих изменений и дополнений подведомственные им дела об административных правонарушениях рассматривают орган, учреждение, их структурные подразделения или территориальные органы, которым переданы указанные функции.
3. В случае изменения наименований указанных в главе 23 настоящего Кодекса или в законе субъекта Российской Федерации органа, учреждения, их структурных подразделений или территориальных органов, должности должностного лица должностные лица этого органа, учреждения, их структурных подразделений или территориальных органов продолжают осуществлять полномочия, связанные с рассмотрением дел об административных правонарушениях, до внесения в настоящий Кодекс или в закон субъекта Российской Федерации соответствующих изменений.
Глава 23. СУДЬИ, ОРГАНЫ, ДОЛЖНОСТНЫЕ ЛИЦА, УПОЛНОМОЧЕННЫЕ РАССМАТРИВАТЬ ДЕЛА ОБ АДМИНИСТРАТИВНЫХ ПРАВОНАРУШЕНИЯХ
Положения статьи 23.1 в редакции Федерального закона от 04.10.2010 N 263-ФЗ, применяются к правоотношениям, возникшим в связи с проведением выборов и референдумов, назначенных после дня вступления в силу указанного Федерального закона.
Статья 23.1. Судьи
КонсультантПлюс: примечание. Федеральным законом от 07.12.2011 N 420-ФЗ часть 1 статьи 23.1 изложена в новой редакции, в
которой предусмотрена ссылка на часть 5 статьи 15.27 данного документа. В официальном тексте документа, видимо, допущена опечатка: в статье 15.27 часть 5 отсутствует.
Федеральным законом от 08.11.2011 N 308-ФЗ в части 1 статьи 23.1 слова "частью 5 статьи 15.27," были заменены словами "частью 4 статьи 15.27,".
Федеральным законом от 18.07.2011 N 237-ФЗ, вступающим в силу по истечении 180 дней после дня его официального опубликования (опубликован в "Российской газете" - 22.07.2011), в части 1 статьи 23.1 цифры "6.14" должны быть заменены цифрами "6.13". Однако Федеральным законом от 07.12.2011 N 420-ФЗ, вступившим в силу со дня официального опубликования (опубликован на Официальном интернет-портале правовой информации http://www.pravo.gov.ru - 08.12.2011), часть первая статьи 23.1 изложена в новой редакции, в которой цифры 6.14 отсутствуют.
Федеральным законом от 21.04.2011 N 69-ФЗ, вступающим в силу с 1 января 2012 года, в части 1 статьи 23.1 слова "частями 3, 4 - 6 статьи 12.5" должны быть заменены словами "частями 3, 4 - 7 статьи 12.5". Однако Федеральным законом от 07.12.2011 N 420-ФЗ, вступившим в силу со дня официального опубликования (опубликован на Официальном интернет-портале правовой информации http://www.pravo.gov.ru - 08.12.2011), часть первая статьи 23.1 изложена в новой редакции, в которой слова "частями 3, 4 - 6 статьи 12.5" отсутствуют.
В соответствии с Федеральным законом от 27.06.2011 N 162-ФЗ, вступающим в силу по истечении одного года после дня его официального опубликования, часть 1 статьи 23.1 после цифр "15.33," будет дополнена словами "15.36 (за исключением административных правонарушений, совершенных кредитной организацией),".
1. Судьи рассматривают дела об административных правонарушениях, предусмотренных статьями 5.1 - 5.26, частью 2 статьи 5.27, статьями 5.37 - 5.43, 5.45 - 5.52, 5.56 - 5.63, 6.1, 6.2, 6.8, 6.9, 6.11 - 6.16, 6.16.1, 6.18, 7.5, 7.12, 7.15, 7.17, 7.19, частью 2 статьи 7.23.1, статьями 7.24, 7.27, 7.27.1, 7.28, частью 2 статьи 7.31, частью 2 статьи 8.28, частями 3 и 4 статьи 8.40, частью 3 статьи 9.1 (в части грубого нарушения условий лицензий на осуществление видов деятельности в области промышленной безопасности), статьями 9.13, 9.14, 10.5.1, 10.11, частью 2 статьи 11.3, частью 7 статьи 11.5, частью 2 статьи 11.15.1, частью 4 статьи 11.17, статьями 11.21, 11.22, 11.24, частью 4 статьи 12.2, частью 2.1 статьи 12.3, частями 1, 2, частью 3 (в случаях незаконного нанесения цветографической схемы легкового такси) статьи 12.4, частями 3 - 6 статьи 12.5, частью 2 статьи 12.7, статьей 12.8, частью 3 статьи 12.10, частью 4 статьи 12.15 (за исключением случаев фиксации административного правонарушения работающими в автоматическом режиме специальными техническими средствами, имеющими функции фото- и киносъемки, видеозаписи, или средствами фото- и киносъемки, видеозаписи), статьей 12.26, частями 2 и 3 статьи 12.27, статьей 12.35, частями 1 и 2 статьи 13.5, статьями 13.10, 13.11, частью 5 статьи 13.12, статьями 13.14 - 13.16, 13.20, 13.21, 13.23, частью 2 статьи 13.25, статьями 13.27, 13.28, 14.1, 14.1.1, 14.10 - 14.14, частями 1 и 2 статьи 14.16, частями 1, 3 и 4 статьи 14.17, статьями 14.18, 14.23, частями 1, 2 и 4 статьи 14.25, статьей 14.27, частями 1 и 5 статьи 14.34, статьями 14.35 - 14.37, 14.43 - 14.49, 15.3 - 15.12, частью 11 статьи 15.23.1, статьей 15.26, частью 5 статьи 15.27, статьями 15.32, 15.33, частью 2 статьи 16.1, статьями 17.1 - 17.13, частями 2 и 2.1 статьи 17.14, статьями 17.16, 18.11 - 18.13, 19.1, частями 1, 3 - 5 статьи 19.3, частями 1 и 3 статьи 19.4, статьей 19.4.1, частями 1, 12 - 15 статьи 19.5, статьями 19.6, 19.6.1, 19.7, частью 3 статьи 19.7.1, частями 1 и 2 статьи 19.7.5-1, частью 2 статьи 19.8.1, статьями 19.9, 19.11 - 19.13, 19.20, 19.21, 19.23, 19.26, 19.28 - 19.30, 19.32, 19.33, 20.2, 20.3, 20.5 - 20.7, частями 2 и 6 статьи 20.8, статьями 20.9, 20.13, 20.15, 20.18, 20.19, частью 4 статьи 20.20, статьей 20.23, статьей 20.24 (в отношении частных детективов (охранников), статьями 20.25 - 20.30 настоящего Кодекса. (в ред. Федеральных законов от 21.04.2011 N 69-ФЗ, от 18.07.2011 N 237-ФЗ, от 21.07.2011 N 257-ФЗ, от 03.12.2011 N 383-ФЗ, от 06.12.2011 N 403-ФЗ, от 06.12.2011 N 413-ФЗ, от 07.12.2011 N 420-ФЗ, от 08.12.2011 N 424-ФЗ, от 01.03.2012 N 18-ФЗ)
2. Дела об административных правонарушениях, предусмотренных частью 1 статьи 5.27, частью 3 статьи 5.35, статьями 5.53, 6.3 - 6.6, 6.13, 8.2, 8.3, частью 2 статьи 8.6, частью 2 статьи 8.12, частью 2 статьи 8.13, частью 1 статьи 8.14, статьями 8.17 - 8.20, частями 1 и 3 статьи 8.21, частями 2 и 3 статьи 8.26, частями 2 и 3 статьи 8.31, статьями 8.34, 8.35, 8.37 - 8.39, 9.1 - 9.3, частями 2 и 3 статьи 9.4, статьей 9.5, частью 3 статьи 9.5.1, статьями 9.6, 9.9, 9.11, частями 1 и 2 статьи 9.16, статьями 9.17, 9.18, 10.3, 10.6, 10.8, 11.1, 11.4, частями 1 - 3 и 5 статьи 11.5, частями 1 - 3 статьи 11.7, статьей 11.9, частью 6 статьи 11.17, статьей 11.20, частью 2 статьи 12.2, частью 4 статьи 12.9, частью 1 статьи 12.10, частью 3 статьи 12.16, частью 2 статьи 12.17, частями 1 и 2 статьи 12.21.1, частью 1 статьи 12.21.2, статьями 12.24, 13.2 - 13.4, 13.6 - 13.8, частями 2 и 4 статьи 13.12, статьями 13.13, 13.22, 14.2, частью 2 статьи 14.4, частями 1 и 2 статьи 14.6, частью 2 статьи 14.9, частями 2.1 и 3 статьи 14.16, частью 1 статьи 14.20, статьями 14.26, 14.29, 14.31 - 14.33, частями 1 и 2 статьи 15.19, статьей 15.21, частями 1 и 2 статьи 15.22, частями 1 - 10 статьи 15.23.1, статьей 15.24.1, частями 2 и 3 статьи 15.27, частями 1 - 7, 9 - 11 статьи 15.29, статьей 15.30, частями 1 и 4 статьи 15.35, частями 1 и 3 статьи 16.1, статьей 16.2, частью 2 статьи 16.3, статьей 16.7, частью 1 статьи 16.9, статьей 16.16, частью 1 статьи 16.18, частями 1 - 3 статьи 16.19, частью 1 статьи
16.20, статьей 16.21, частью 2 статьи 16.24, частями 2 и 3 статьи 18.1, частью 2 статьи 18.3, частью 2 статьи 18.4, статьями 18.7, 18.8, 18.10, 18.15 - 18.17, частью 2 статьи 19.3, частями 2 - 2.3, 2.6, 2.7, 3, 5, 6, 8, 11 и 17 статьи 19.5, статьей 19.7.3, частью 1 статьи 19.24, частью 1 статьи 19.27, статьей 20.1, частью 5 статьи 20.4, частями 3 - 5 статьи 20.8, статьей 20.10, частями 1 и 3 статьи 20.12, статьей 20.14, частью 3 статьи 20.20, статьей 20.21 настоящего Кодекса, рассматриваются судьями в случаях, если орган или должностное лицо, к которым поступило дело о таком административном правонарушении, передает его на рассмотрение судье. (в ред. Федеральных законов от 04.07.2003 N 103-ФЗ, от 28.07.2004 N 93-ФЗ, от 20.08.2004 N 118-ФЗ, от 28.12.2004 N 187-ФЗ, от 30.12.2004 N 219-ФЗ (ред. 21.03.2005), от 21.03.2005 N 19-ФЗ, от 09.05.2005 N 45-ФЗ, от 02.07.2005 N 82-ФЗ, от 22.07.2005 N 120-ФЗ, от 05.12.2005 N 156-ФЗ, от 29.04.2006 N 57-ФЗ, от 05.11.2006 N 189-ФЗ, от 18.12.2006 N 232-ФЗ, от 09.04.2007 N 45-ФЗ, от 24.07.2007 N 210-ФЗ, от 22.07.2008 N 148-ФЗ, от 03.12.2008 N 247-ФЗ, от 25.12.2008 N 281-ФЗ, от 09.02.2009 N 9-ФЗ, от 17.07.2009 N 160-ФЗ, от 23.11.2009 N 261-ФЗ, от 25.11.2009 N 274-ФЗ, от 21.12.2009 N 336-ФЗ, от 28.12.2009 N 380-ФЗ, от 23.07.2010 N 171-ФЗ, от 23.07.2010 N 175-ФЗ, от 23.07.2010 N 176-ФЗ, от 26.07.2010 N 189-ФЗ, от 27.07.2010 N 195-ФЗ, от 27.07.2010 N 224-ФЗ, от 28.12.2010 N 398-ФЗ, от 28.12.2010 N 411-ФЗ, от 06.04.2011 N 66-ФЗ, от 04.05.2011 N 98-ФЗ, от 03.06.2011 N 120-ФЗ, от 18.07.2011 N 237-ФЗ, от 21.07.2011 N 253-ФЗ, от 08.11.2011 N 308-ФЗ, от 30.11.2011 N 347-ФЗ, от 06.12.2011 N 409-ФЗ, от 31.01.2012 N 2-ФЗ, от 01.03.2012 N 18-ФЗ)
3. Дела об административных правонарушениях, указанных в частях 1 и 2 настоящей статьи и совершенных военнослужащими и гражданами, призванными на военные сборы, рассматриваются судьями гарнизонных военных судов.
Дела об административных правонарушениях, которые указаны в частях 1 и 2 настоящей статьи и производство по которым осуществляется в форме административного расследования, а также дела об административных правонарушениях, влекущих административное выдворение за пределы Российской Федерации, административное приостановление деятельности или дисквалификацию лиц, замещающих должности федеральной государственной гражданской службы, должности государственной гражданской службы субъекта Российской Федерации, должности муниципальной службы, рассматриваются судьями районных судов. (в ред. Федеральных законов от 09.05.2005 N 45-ФЗ, от 17.07.2009 N 160-ФЗ)
Судьи арбитражных судов рассматривают дела об административных правонарушениях, предусмотренных статьями 7.24, частями 2 и 3 статьи 9.4, статьями 9.5, 9.5.1, 14.1, 14.10 - 14.14, частями 1 и 2 статьи 14.16, частями 1, 3 и 4 статьи 14.17, статьями 14.18, 14.23, 14.27, 14.36, 14.37, 14.50, 14.43 - 14.49, частью 1 статьи 15.10, частями 2 и 2.1 статьи 17.14, частями 6 и 15 статьи 19.5, статьей 19.33 настоящего Кодекса, совершенных юридическими лицами, а также индивидуальными предпринимателями. (в ред. Федеральных законов от 11.11.2003 N 138-ФЗ, от 27.07.2006 N 139-ФЗ, от 18.12.2006 N 232-ФЗ, от 09.04.2007 N 45-ФЗ, от 02.10.2007 N 225-ФЗ, от 22.07.2008 N 148-ФЗ, от 19.07.2009 N 205-ФЗ, от 24.07.2009 N 213-ФЗ, от 28.12.2009 N 380-ФЗ, от 18.07.2011 N 237-ФЗ, от 06.12.2011 N 404-ФЗ, от 06.12.2011 N 409-ФЗ)
Судьи арбитражных судов рассматривают дела об административных правонарушениях, предусмотренных статьями 14.9, 14.31, 14.31.1, 14.31.2, 14.32, 14.33 настоящего Кодекса. (абзац введен Федеральным законом от 06.12.2011 N 404-ФЗ)
В остальных случаях дела об административных правонарушениях, указанных в частях 1 и 2 настоящей статьи, рассматриваются мировыми судьями.
Статья 23.2. Комиссии по делам несовершеннолетних и защите их прав
1. Районные (городские), районные в городах комиссии по делам несовершеннолетних и защите их прав рассматривают дела об административных правонарушениях, совершенных несовершеннолетними, а также дела об административных правонарушениях, предусмотренных статьями 5.35, 5.36, 6.10, 20.22 настоящего Кодекса.
2. Дела об административных правонарушениях, предусмотренных статьей 11.18 настоящего Кодекса, а также дела об административных правонарушениях в области дорожного движения рассматриваются комиссиями по делам несовершеннолетних и защите их прав в случаях, если орган или должностное лицо, к которым поступило дело о таком административном правонарушении, передает его на рассмотрение указанной комиссии.
Статья 23.3. Органы внутренних дел (полиция)
(в ред. Федерального закона от 07.02.2011 N 4-ФЗ)
1. Органы внутренних дел (полиция) рассматривают дела об административных правонарушениях, предусмотренных статьями 8.22, 8.23, 10.4, 10.5, частями 1, 3, 4 и 5 статьи 11.1, статьями 11.9, 11.14, 11.15, частями 1, 2 и 3 статьи 11.17, статьями 11.23, 12.1, частями 1 - 3 статьи 12.2, частями 1, 2, 3 статьи 12.3 (за исключением случаев управления транспортным средством водителем, не имеющим при себе лицензионной карточки), частью 3 статьи 12.4 (за исключением случаев незаконного нанесения цветографической схемы легкового такси), частями 1, 2 и 3.1 статьи 12.5, статьей 12.6, частями 1 и 3 статьи 12.7, статьей 12.9, частями 1 и 2 статьи 12.10, статьями 12.11 - 12.14, частями 1 - 3, частью 4 (в случае фиксации административного правонарушения работающими в автоматическом режиме специальными техническими средствами, имеющими функции фото- и киносъемки, видеозаписи, или средствами фото- и киносъемки, видеозаписи) статьи 12.15, статьями 12.16 - 12.24, частями 1 и 2 статьи 12.25, частью 1 статьи 12.27, статьями 12.28 - 12.34, 12.36.1, 12.37, 13.24, частью 2 статьи 14.4.1, частями 2.1 и 3 статьи 14.16, статьями 14.26, 19.2, 19.15, частью 1 статьи 19.22 (в части регистрации автомототранспортных средств с рабочим объемом двигателя более пятидесяти кубических сантиметров, имеющих максимальную конструктивную скорость более пятидесяти километров в час, и прицепов к ним, предназначенных для движения по автомобильным дорогам общего пользования), статьями 19.24, 20.1, частями 1, 3 - 5 статьи 20.8, статьями 20.10 - 20.12, 20.14, 20.16, 20.17, частями 1 - 3 статьи 20.20, статьей 20.21, частью 1 статьи 20.23, статьей 20.24 (в отношении руководителей частных охранных организаций (объединений, ассоциаций) настоящего Кодекса. (в ред. Федеральных законов от 25.04.2002 N 41-ФЗ, от 30.06.2003 N 86-ФЗ, от 04.07.2003 N 103-ФЗ, от 08.12.2003 N 161-ФЗ, от 28.07.2004 N 93-ФЗ, от 21.03.2005 N 19-ФЗ, от 22.07.2005 N 120-ФЗ, от 05.12.2005 N 156-ФЗ, от 18.07.2006 N 121-ФЗ, от 24.07.2007 N 210-ФЗ, от 22.12.2008 N 272-ФЗ, от 03.06.2009 N 121-ФЗ, от 28.12.2009 N 380-ФЗ, от 23.07.2010 N 175-ФЗ, от 28.12.2010 N 398-ФЗ, от 07.02.2011 N 4-ФЗ, от 21.04.2011 N 69-ФЗ, от 01.07.2011 N 170-ФЗ, от 11.07.2011 N 207-ФЗ, от 21.07.2011 N 253-ФЗ, от 31.01.2012 N 2-ФЗ, от 01.03.2012 N 18-ФЗ)
2. Рассматривать дела об административных правонарушениях от имени органов, указанных в части 1 настоящей статьи, вправе:
1) начальники территориальных управлений (отделов) внутренних дел и приравненных к ним органов внутренних дел, их заместители, начальники территориальных отделов (отделений) полиции, их заместители - об административных правонарушениях, предусмотренных статьями 8.22, 8.23, 10.4, 10.5, 11.9, 11.14, 11.15, 13.24, частью 2 статьи 14.4.1, частями 2.1 и 3 статьи 14.16, статьями 14.26, 19.2, частью 1 статьи 19.22 (в части регистрации автомототранспортных средств с рабочим объемом двигателя более пятидесяти кубических сантиметров, имеющих максимальную конструктивную скорость более пятидесяти километров в час, и прицепов к ним, предназначенных для движения по автомобильным дорогам общего пользования), статьями 19.24, 20.1, частями 1, 3 - 5 статьи 20.8, статьями 20.10 - 20.12, 20.14, 20.16, 20.17, частями 1 - 3 статьи 20.20, статьей 20.21, частью 1 статьи 20.23, статьей 20.24 (в отношении руководителей частных охранных организаций (объединений, ассоциаций) настоящего Кодекса; (в ред. Федеральных законов от 30.06.2003 N 86-ФЗ, от 04.07.2003 N 103-ФЗ, от 08.12.2003 N 161-ФЗ, от 28.07.2004 N 93-ФЗ, от 05.12.2005 N 156-ФЗ, от 18.07.2006 N 121-ФЗ, от 22.12.2008 N 272-ФЗ, от 03.06.2009 N 121-ФЗ, от 28.12.2009 N 380-ФЗ, от 28.12.2010 N 398-ФЗ, от 07.02.2011 N 4-ФЗ, от 01.07.2011 N 170-ФЗ, от 21.07.2011 N 253-ФЗ, от 31.01.2012 N 2-ФЗ, от 01.03.2012 N 18-ФЗ)
2) начальники линейных отделов (управлений) полиции на транспорте, их заместители - об административных правонарушениях, предусмотренных частями 1, 3, 4 и 5 статьи 11.1, статьями 11.9, 11.14, 11.15, частями 1, 2 и 3 статьи 11.17, статьями 13.24, 14.26, 20.1, частями 1, 3 - 5 статьи 20.8, статьями 20.12, 20.17, частями 1 - 3 статьи 20.20, статьей 20.21, частью 1 статьи 20.23 настоящего Кодекса; (в ред. Федеральных законов от 04.07.2003 N 103-ФЗ, от 08.12.2003 N 161-ФЗ, от 18.07.2006 N 121-ФЗ, от 28.12.2010 N 398-ФЗ, от 07.02.2011 N 4-ФЗ, от 01.03.2012 N 18-ФЗ)
3) начальники дежурных смен дежурных частей линейных отделов (управлений) полиции на транспорте, начальники линейных отделений (пунктов) полиции - об административных правонарушениях, предусмотренных частями 1, 3, 4 и 5 статьи 11.1, статьями 11.9, 11.14, 11.15, частями 1, 2 и 3 статьи 11.17, статьями 13.24, 20.1, частями 1 и 2 статьи 20.20 настоящего Кодекса; (в ред. Федеральных законов от 07.02.2011 N 4-ФЗ, от 01.03.2012 N 18-ФЗ)
4) начальники дежурных смен дежурных частей линейных отделов (управлений) полиции на транспорте, начальники линейных отделений (пунктов) полиции и другие сотрудники полиции, на которых возложен надзор за соблюдением соответствующих правил, - об административных правонарушениях,
совершенных на железнодорожном транспорте и предусмотренных частями 1, 3, 4 и 5 статьи 11.1, статьями 11.14, 11.15, частями 1, 2 и 3 статьи 11.17 (за совершение нарушений на железнодорожном транспорте) настоящего Кодекса; (в ред. Федерального закона от 07.02.2011 N 4-ФЗ)
5) начальник государственной инспекции безопасности дорожного движения, его заместитель, командир полка (батальона, роты) дорожно-патрульной службы, его заместитель - об административных правонарушениях, предусмотренных статьями 8.22, 8.23, 11.23, 12.1, частями 1 - 3 статьи 12.2, частями 1, 2, 3 статьи 12.3 (за исключением случаев управления транспортным средством водителем, не имеющим при себе лицензионной карточки), частью 3 статьи 12.4 (за исключением случаев незаконного нанесения цветографической схемы легкового такси), частями 1, 2 и 3.1 статьи 12.5, статьей 12.6, частями 1 и 3 статьи 12.7, статьей 12.9, частями 1 и 2 статьи 12.10, статьями 12.11 - 12.14, частями 1 - 3, частью 4 (в случае фиксации административного правонарушения работающими в автоматическом режиме специальными техническими средствами, имеющими функции фото- и киносъемки, видеозаписи, или средствами фото- и киносъемки, видеозаписи) статьи 12.15, статьями 12.16 - 12.24, частями 1 и 2 статьи 12.25, частью 1 статьи 12.27, статьями 12.28 - 12.34, 12.36.1, 12.37, частью 1 статьи 19.22 (в части регистрации автомототранспортных средств с рабочим объемом двигателя более пятидесяти кубических сантиметров, имеющих максимальную конструктивную скорость более пятидесяти километров в час, и прицепов к ним, предназначенных для движения по автомобильным дорогам общего пользования) настоящего Кодекса; (в ред. Федеральных законов от 25.04.2002 N 41-ФЗ, от 28.07.2004 N 93-ФЗ, от 21.03.2005 N 19-ФЗ, от 22.07.2005 N 120-ФЗ, от 24.07.2007 N 210-ФЗ, от 23.07.2010 N 175-ФЗ, от 21.04.2011 N 69-ФЗ, от 11.07.2011 N 207-ФЗ, от 31.01.2012 N 2-ФЗ)
6) сотрудники государственной инспекции безопасности дорожного движения, имеющие специальное звание, - об административных правонарушениях, предусмотренных статьей 12.1, частями 1 и 2 статьи 12.2, частями 1, 2, 3 статьи 12.3 (за исключением случаев управления транспортным средством водителем, не имеющим при себе лицензионной карточки), частями 1 и 3.1 статьи 12.5, статьей 12.6, частями 1, 2 и 3 статьи 12.9, частью 2 статьи 12.10, частями 1 и 2 статьи 12.11, статьями 12.12 - 12.14, частями 1 и 2 статьи 12.15, частями 1, 2, 4 и 5 статьи 12.16, частями 1 - 1.2 статьи 12.17, статьями 12.18 - 12.20, частью 1 статьи 12.21, статьями 12.22, 12.23, 12.28, частями 1 и 2 статьи 12.29, частью 1 статьи 12.30, частью 1 статьи 12.37 настоящего Кодекса; (в ред. Федеральных законов от 25.04.2002 N 41-ФЗ, от 23.07.2010 N 175-ФЗ, от 21.04.2011 N 69-ФЗ)
7) государственные инспектора безопасности дорожного движения - об административных правонарушениях, предусмотренных статьями 8.22, 8.23, частями 1 и 2 статьи 12.31, статьей 12.32, частью 1 статьи 19.22 (в части регистрации автомототранспортных средств с рабочим объемом двигателя более пятидесяти кубических сантиметров, имеющих максимальную конструктивную скорость более пятидесяти километров в час, и прицепов к ним, предназначенных для движения по автомобильным дорогам общего пользования) настоящего Кодекса; (в ред. Федеральных законов от 22.07.2005 N 120-ФЗ, от 31.01.2012 N 2-ФЗ)
8) государственные инспектора дорожного надзора - об административных правонарушениях, предусмотренных статьями 12.33, 12.34 настоящего Кодекса;
9) старшие участковые уполномоченные полиции, участковые уполномоченные полиции - об административных правонарушениях, предусмотренных статьей 12.1, частями 1 и 2 статьи 12.2, частями 1, 2, 3 статьи 12.3 (за исключением случаев управления транспортным средством водителем, не имеющим при себе лицензионной карточки), статьями 12.22, 12.23, 12.28, частями 1 и 2 статьи 12.29, частью 1 статьи 12.30, статьями 19.2, 19.15, 19.24, 20.1 настоящего Кодекса. (в ред. Федеральных законов от 11.11.2003 N 144-ФЗ, от 07.02.2011 N 4-ФЗ, от 21.04.2011 N 69-ФЗ)
3. Должностные лица, указанные в пункте 3 части 2 настоящей статьи, вправе назначать административные наказания гражданам и должностным лицам в виде предупреждения или административного штрафа в размере до двух тысяч рублей. (часть третья в ред. Федерального закона от 21.12.2009 N 330-ФЗ)
Статья 23.4. Органы и учреждения уголовно-исполнительной системы
1. Органы и учреждения уголовно-исполнительной системы рассматривают дела об административных правонарушениях, предусмотренных частью 2 статьи 19.3, статьей 19.12 (в части административных правонарушений, предметами которых являются предметы, изъятые из оборота)
настоящего Кодекса.
2. Рассматривать дела об административных правонарушениях от имени указанных в части 1 настоящей статьи органов и учреждений вправе начальники арестных домов, исправительных учреждений, следственных изоляторов и изоляторов временного содержания.
Статья 23.5. Налоговые органы
1. Налоговые органы рассматривают дела об административных правонарушениях, предусмотренных частью 2 статьи 14.5, статьями 15.1, 19.7.6 настоящего Кодекса. (в ред. Федеральных законов от 03.06.2009 N 121-ФЗ, от 27.07.2010 N 229-ФЗ, от 02.04.2012 N 30-ФЗ)
2. Рассматривать дела об административных правонарушениях от имени органов, указанных в части 1 настоящей статьи, вправе:
1) руководитель федерального органа исполнительной власти, уполномоченного в области налогов и сборов, его заместители;
2) руководители территориальных органов федерального органа исполнительной власти, уполномоченного в области налогов и сборов, в субъектах Российской Федерации, их заместители;
3) руководители территориальных органов федерального органа исполнительной власти, уполномоченного в области налогов и сборов, в городах, районах.
Статья 23.6. Утратила силу. - Федеральный закон от 30.06.2003 N 86-ФЗ.
Статья 23.7. Органы, осуществляющие функции по контролю и надзору в финансово-бюджетной сфере
(в ред. Федерального закона от 28.12.2004 N 183-ФЗ)
1. Федеральный орган исполнительной власти, осуществляющий функции по контролю и надзору в финансово-бюджетной сфере, рассматривает дела об административных правонарушениях, предусмотренных статьями 15.14 - 15.16 настоящего Кодекса, в отношении получателей средств федерального бюджета и получателей средств бюджетов государственных внебюджетных фондов.
2. Рассматривать дела об административных правонарушениях от имени органа, указанного в части 1 настоящей статьи, вправе:
1) руководитель федерального органа исполнительной власти, осуществляющего контроль и надзор в финансово-бюджетной сфере, его заместители;
2) руководители структурных подразделений федерального органа исполнительной власти, осуществляющего контроль и надзор в финансово-бюджетной сфере, их заместители;
3) руководители территориальных органов федерального органа исполнительной власти, осуществляющего контроль и надзор в финансово-бюджетной сфере, их заместители.
Статья 23.8. Таможенные органы
1. Таможенный орган рассматривает дела об административных правонарушениях, предусмотренных частями 1, 3 и 4 статьи 16.1, статьями 16.2 - 16.24 настоящего Кодекса. (часть 1 в ред. Федерального закона от 06.12.2011 N 409-ФЗ)
2. Рассматривать дела об административных правонарушениях от имени органов, указанных в части 1 настоящей статьи, вправе:
1) руководитель федерального органа исполнительной власти, уполномоченного в области таможенного дела, его заместители;
1.1) руководитель структурного подразделения федерального органа исполнительной власти, уполномоченного в области таможенного дела, его заместители; (п. 1.1 введен Федеральным законом от 06.12.2011 N 409-ФЗ)
2) начальники региональных таможенных управлений, их заместители;
3) начальники таможен, их заместители;
4) начальники таможенных постов - об административных правонарушениях, совершенных физическими лицами.
Статья 23.9. Органы экспортного контроля
1. Органы, уполномоченные в области экспортного контроля, рассматривают дела об административных правонарушениях, предусмотренных статьей 14.20, частью 4 статьи 19.4, частью 2 статьи 19.5 (в части, касающейся нарушения законодательства об экспортном контроле), частью 2 статьи 19.8 (в части, касающейся нарушения законодательства об экспортном контроле) настоящего Кодекса. (в ред. Федерального закона от 08.05.2006 N 65-ФЗ)
2. Рассматривать дела об административных правонарушениях от имени органов, указанных в части 1 настоящей статьи, вправе:
1) руководитель федерального органа исполнительной власти, уполномоченного в области экспортного контроля, его заместители;
2) руководители структурных подразделений федерального органа исполнительной власти, уполномоченного в области экспортного контроля, их заместители;
3) руководители территориальных органов федерального органа исполнительной власти, уполномоченного в области экспортного контроля, их заместители. (в ред. Федерального закона от 06.12.2011 N 409-ФЗ)
Статья 23.10. Пограничные органы (в ред. Федеральных законов от 30.06.2003 N 86-ФЗ, от 07.03.2005 N 15-ФЗ)
1. Пограничные органы рассматривают дела об административных правонарушениях, предусмотренных частью 2 статьи 7.2 (об уничтожении или о повреждении специальных информационных знаков, определяющих границы прибрежных защитных полос и водоохранных зон внутренних морских вод и территориального моря Российской Федерации, а также знаков, устанавливаемых пользователями животным миром или уполномоченными государственными органами по охране, контролю и регулированию использования объектов животного мира и среды их обитания, зданий и других сооружений, принадлежащих указанным пользователям и органам), статьями 7.11, 8.16 - 8.20, 8.33, 8.35, частью 2 статьи 8.37, статьями 8.38, 18.1 - 18.7, 18.14, частью 2 статьи 19.4 настоящего Кодекса. (в ред. Федеральных законов от 30.06.2003 N 86-ФЗ, от 07.03.2005 N 15-ФЗ, от 28.12.2009 N 380-ФЗ)
2. Рассматривать дела об административных правонарушениях от имени органов, указанных в части 1 настоящей статьи, вправе:
1) руководитель федерального органа исполнительной власти в области обеспечения безопасности, его заместители;
2) руководители подразделений, уполномоченных в сфере пограничной охраны и в сфере охраны морских биологических ресурсов, структурного подразделения федерального органа исполнительной власти в области обеспечения безопасности, их заместители;
3) начальники управлений, их заместители;
4) начальники служб и отрядов, их заместители;
5) начальники государственных морских инспекций, государственных специализированных инспекций, государственных зональных (районных) инспекций, специализированных отделов (отделений), их заместители;
6) старшие государственные инспектора Российской Федерации по государственному контролю в сфере охраны морских биологических ресурсов;
7) начальники отделов, коменданты пограничных комендатур, начальники подразделений пограничного контроля, их заместители;
8) начальники государственных участковых инспекций, государственных инспекторских постов;
9) государственные инспектора Российской Федерации по государственному контролю в сфере охраны морских биологических ресурсов;
10) командиры пограничных кораблей (катеров), капитаны пограничных патрульных судов (катеров);
11) начальники пограничных застав, отделений, радиотехнических и пограничных постов, их заместители;
12) государственные участковые инспектора Российской Федерации по государственному контролю в сфере охраны морских биологических ресурсов;
13) начальники подразделений процессуальной деятельности, старшие дознаватели, дознаватели, старшие специалисты и специалисты по административному производству. (часть вторая в ред. Федерального закона от 28.12.2009 N 380-ФЗ)
3. Дела об административных правонарушениях, предусмотренных статьями 8.17 - 8.20, частью 2 статьи 19.4 настоящего Кодекса, рассматривают должностные лица, указанные в пунктах 1 - 8 части 2 настоящей статьи. (в ред. Федерального закона от 28.12.2009 N 380-ФЗ)
Статья 23.11. Военные комиссариаты
(в ред. Федерального закона от 09.03.2010 N 27-ФЗ)
1. Военные комиссариаты рассматривают дела об административных правонарушениях, предусмотренных статьями 19.25, 21.1 - 21.7 настоящего Кодекса.
2. Рассматривать дела об административных правонарушениях от имени военных комиссариатов вправе:
1) военные комиссары;
2) начальники отделов военных комиссариатов;
3) начальники отделений отделов военных комиссариатов.
Статья 23.12. Федеральный орган исполнительной власти, осуществляющий государственный надзор и контроль за соблюдением трудового законодательства и иных нормативных правовых актов, содержащих нормы трудового права
(в ред. Федерального закона от 28.12.2009 N 380-ФЗ)
КонсультантПлюс: примечание. В соответствии с Федеральным законом от 24.07.2009 N 213-ФЗ статья 5.44 признана утратившей
силу с 1 января 2010 года. Вопросы административной ответственности за сокрытие страхового случая регламентируются статьей 15.34 данного документа.
1. Федеральный орган исполнительной власти, осуществляющий государственный надзор и контроль за соблюдением трудового законодательства и иных нормативных правовых актов, содержащих нормы трудового права, рассматривает дела об административных правонарушениях, предусмотренных частью 1 статьи 5.27, статьями 5.28 - 5.34, 5.44 настоящего Кодекса.
2. Рассматривать дела об административных правонарушениях от имени органа, указанного в части 1 настоящей статьи, вправе:
1) главный государственный инспектор труда Российской Федерации, его заместители;
2) главный государственный правовой инспектор труда Российской Федерации;
3) главный государственный инспектор Российской Федерации по охране труда;
4) руководители структурных подразделений федерального органа исполнительной власти, осуществляющего государственный надзор и контроль за соблюдением трудового законодательства и иных нормативных правовых актов, содержащих нормы трудового права, их заместители (по правовым вопросам и по охране труда);
5) руководители территориальных органов федерального органа исполнительной власти, осуществляющего государственный надзор и контроль за соблюдением трудового законодательства и иных нормативных правовых актов, содержащих нормы трудового права, их заместители (по правовым вопросам и по охране труда);
6) руководители структурных подразделений территориальных органов федерального органа исполнительной власти, осуществляющего государственный надзор и контроль за соблюдением трудового законодательства и иных нормативных правовых актов, содержащих нормы трудового права, их заместители (по правовым вопросам и по охране труда);
7) главные государственные инспектора труда;
8) старшие государственные инспектора труда;
9) государственные инспектора труда.
Статья 23.13. Органы, осуществляющие функции по контролю и надзору в сфере обеспечения санитарно-эпидемиологического благополучия населения
(в ред. Федерального закона от 28.12.2009 N 380-ФЗ)
1. Органы, осуществляющие функции по контролю и надзору в сфере обеспечения санитарно-эпидемиологического благополучия населения, рассматривают дела об административных правонарушениях, предусмотренных статьями 6.3 - 6.7, частью 2 статьи 7.2 (в части уничтожения или повреждения знаков санитарных (горно-санитарных) зон и округов, лечебно-оздоровительных местностей и курортов), статьей 8.2, статьей 8.5 (в части информации о состоянии атмосферного воздуха, источников питьевого и хозяйственно-бытового водоснабжения, а также о радиационной обстановке), частью 2 статьи 8.42 настоящего Кодекса. (в ред. Федерального закона от 18.07.2011 N 237-ФЗ)
2. Рассматривать дела об административных правонарушениях от имени органов, указанных в части 1 настоящей статьи, вправе:
1) руководитель федерального органа исполнительной власти, осуществляющего функции по контролю и надзору в сфере обеспечения санитарно-эпидемиологического благополучия населения, - главный государственный санитарный врач Российской Федерации;
2) заместители руководителя федерального органа исполнительной власти, осуществляющего функции по контролю и надзору в сфере обеспечения санитарно-эпидемиологического благополучия населения, - заместители главного государственного санитарного врача Российской Федерации;
3) руководители территориального органа федерального органа исполнительной власти, осуществляющего функции по контролю и надзору в сфере обеспечения санитарно-эпидемиологического благополучия населения, - главные государственные санитарные врачи по субъектам Российской Федерации;
4) заместители руководителей территориального органа федерального органа исполнительной власти, осуществляющего функции по контролю и надзору в сфере обеспечения санитарно-эпидемиологического благополучия населения, - заместители главных государственных санитарных врачей по субъектам Российской Федерации;
5) руководители структурных подразделений территориальных органов федерального органа исполнительной власти, осуществляющего функции по контролю и надзору в сфере обеспечения санитарно-эпидемиологического благополучия населения, их заместители - главные государственные санитарные врачи по городам, районам и на транспорте, их заместители;
6) главные государственные санитарные врачи федеральных органов исполнительной власти в области внутренних дел, обороны, исполнения наказаний, мобилизационной подготовки и мобилизации, безопасности, государственной охраны, контроля за оборотом наркотических средств и психотропных веществ, санитарно-эпидемиологического благополучия работников организаций отдельных отраслей промышленности с особо опасными условиями труда и населения отдельных территорий, их заместители, главный государственный санитарный врач по объектам Управления делами Президента Российской Федерации, его заместители - об административных правонарушениях, совершенных в подведомственных и обслуживаемых организациях, а также на подведомственных и обслуживаемых объектах и обслуживаемых территориях; (п. 6 в ред. Федерального закона от 27.07.2010 N 239-ФЗ)
7) главные государственные санитарные врачи территориальных органов федеральных органов исполнительной власти в области внутренних дел, обороны, исполнения наказаний, безопасности, государственной охраны, контроля за оборотом наркотических средств и психотропных веществ, санитарно-эпидемиологического благополучия работников организаций отдельных отраслей промышленности с особо опасными условиями труда и населения отдельных территорий, их заместители - об административных правонарушениях, совершенных в подведомственных и обслуживаемых организациях, а также на подведомственных и обслуживаемых объектах и обслуживаемых территориях. (п. 7 введен Федеральным законом от 27.07.2010 N 239-ФЗ)
Статья 23.14. Органы, осуществляющие государственный ветеринарный надзор
1. Органы, осуществляющие государственный ветеринарный надзор, рассматривают дела об административных правонарушениях, предусмотренных статьями 10.6 - 10.8, частью 8 статьи 19.5 настоящего Кодекса. (в ред. Федерального закона от 03.12.2008 N 247-ФЗ)
2. Рассматривать дела об административных правонарушениях от имени органов, указанных в части 1 настоящей статьи, вправе:
1) главный государственный ветеринарный инспектор Российской Федерации, его заместители;
2) главные государственные ветеринарные инспектора субъектов Российской Федерации, их заместители;
3) главные государственные ветеринарные инспектора; (п. 3 в ред. Федерального закона от 18.07.2011 N 242-ФЗ)
4) государственные ветеринарные инспектора; (п. 4 в ред. Федерального закона от 18.07.2011 N 242-ФЗ)
5) утратил силу с 1 августа 2011 года. - Федеральный закон от 18.07.2011 N 242-ФЗ.
Статья 23.15. Органы, осуществляющие государственный карантинный фитосанитарный контроль, государственный надзор и контроль за безопасным обращением с пестицидами и агрохимикатами, за качеством и безопасностью зерна и продуктов его переработки и государственный контроль за использованием и охраной земель сельскохозяйственного назначения
(в ред. Федерального закона от 28.12.2009 N 380-ФЗ)
1. Органы, осуществляющие государственный карантинный фитосанитарный контроль, государственный надзор и контроль за безопасным обращением с пестицидами и агрохимикатами, за качеством и безопасностью зерна и продуктов его переработки и государственный контроль за использованием и охраной земель сельскохозяйственного назначения, рассматривают дела об административных правонарушениях, предусмотренных статьей 7.18, статьей 8.3 (в части административных правонарушений, относящихся к нарушениям правил обращения с пестицидами и агрохимикатами при хранении и применении пестицидов и агрохимикатов), статьей 8.6 (в части административных правонарушений, относящихся к самовольному снятию или перемещению почвы, уничтожению плодородного слоя почвы земель сельскохозяйственного назначения), статьей 8.7 (в части административных правонарушений, совершенных в отношении земель сельскохозяйственного назначения, включая мелиорированные земли), статьями 10.1 - 10.3, 10.12 - 10.14 настоящего Кодекса.
2. Рассматривать дела об административных правонарушениях от имени органов, указанных в части 1 настоящей статьи, вправе:
1) руководитель федерального органа исполнительной власти, осуществляющего государственный карантинный фитосанитарный контроль, государственный надзор и контроль за безопасным обращением с пестицидами и агрохимикатами, за качеством и безопасностью зерна и продуктов его переработки и государственный контроль за использованием и охраной земель сельскохозяйственного назначения, его заместители;
2) руководители структурных подразделений федерального органа исполнительной власти, осуществляющего государственный карантинный фитосанитарный контроль, государственный надзор и контроль за безопасным обращением с пестицидами и агрохимикатами, за качеством и безопасностью зерна и продуктов его переработки и государственный контроль за использованием и охраной земель сельскохозяйственного назначения, их заместители;
3) руководители территориальных органов федерального органа исполнительной власти, осуществляющего государственный карантинный фитосанитарный контроль, государственный надзор и контроль за безопасным обращением с пестицидами и агрохимикатами, за качеством и безопасностью зерна и продуктов его переработки и государственный контроль за использованием и охраной земель сельскохозяйственного назначения, их заместители;
4) иные должностные лица федерального органа исполнительной власти, осуществляющего государственный карантинный фитосанитарный контроль, государственный надзор и контроль за безопасным обращением с пестицидами и агрохимикатами, за качеством и безопасностью зерна и продуктов его переработки и государственный контроль за использованием и охраной земель сельскохозяйственного назначения, территориальных органов указанного федерального органа исполнительной власти, уполномоченные осуществлять государственный карантинный фитосанитарный контроль, государственный надзор и контроль за безопасным обращением с пестицидами и агрохимикатами, за качеством и безопасностью зерна и продуктов его переработки и государственный контроль за использованием и охраной земель сельскохозяйственного назначения.
Статьи 23.16 - 23.19. Утратили силу. - Федеральный закон от 28.12.2009 N 380-ФЗ.
Статья 23.20. Органы, осуществляющие государственный надзор и контроль в области мелиорации земель
1. Органы, осуществляющие государственный надзор и контроль в области мелиорации земель, рассматривают дела об административных правонарушениях, предусмотренных статьями 10.9, 10.10 (за исключением судоходных гидротехнических сооружений) настоящего Кодекса.
2. Рассматривать дела об административных правонарушениях от имени органов, указанных в части 1 настоящей статьи, вправе:
1) руководитель федерального органа исполнительной власти, уполномоченного в области мелиорации земель, его заместители;
2) руководитель специализированного структурного подразделения федерального органа исполнительной власти, уполномоченного в области мелиорации земель, его заместители;
3) руководители территориальных органов федерального органа исполнительной власти, уполномоченного в области мелиорации земель, их заместители;
4) руководители уполномоченных в области мелиорации земель органов исполнительной власти субъектов Российской Федерации, их заместители.
Статья 23.21. Органы, осуществляющие государственный контроль за использованием и охраной земель
1. Органы, осуществляющие государственный контроль за использованием и охраной земель, рассматривают дела об административных правонарушениях, предусмотренных статьей 7.1, частью 1 статьи 7.2, статьей 7.10 (в части самовольной уступки права пользования землей и самовольной мены земельного участка), статьей 8.8 настоящего Кодекса. (часть первая в ред. Федерального закона от 28.12.2009 N 380-ФЗ)
2. Рассматривать дела об административных правонарушениях от имени органов, указанных в части 1 настоящей статьи, вправе:
1) главный государственный инспектор Российской Федерации по использованию и охране земель, его заместители;
2) главные государственные инспектора субъектов Российской Федерации по использованию и охране земель, их заместители;
3) главные государственные инспектора городов и районов по использованию и охране земель, их заместители.
Статья 23.22. Органы, осуществляющие государственный контроль за геологическим изучением, рациональным использованием и охраной недр (в ред. Федерального закона от 28.12.2009 N 380-ФЗ)
1. Органы, осуществляющие государственный контроль за геологическим изучением, рациональным использованием и охраной недр, рассматривают дела об административных правонарушениях, предусмотренных частью 2 статьи 7.2 (в части уничтожения или повреждения скважин государственной опорной наблюдательной сети, наблюдательных режимных створов на водных объектах, маркшейдерских знаков), статьей 7.3 (за исключением случаев пользования участками недр местного значения), статьей 7.4 (в части застройки площадей залегания полезных ископаемых без специального разрешения), статьей 7.10 (в части самовольной уступки права пользования участками недр, за исключением уступки права пользования участками недр местного значения), статьей 8.5 (в части сокрытия или искажения информации о состоянии недр, за исключением участков недр местного значения), статьей 8.9, частью 1 статьи 8.10, статьей 8.11 (за исключением участков недр местного значения), частью 1 статьи 8.13 (в части нарушения водоохранного режима на водосборах подземных водных объектов), частью 1 статьи 8.17 (в части нарушения условий лицензии на региональное геологическое изучение, геологическое изучение, поиск, разведку и разработку минеральных ресурсов, а также стандартов (норм, правил) по безопасному проведению поиска, разведки и разработки минеральных ресурсов внутренних морских вод, территориального моря, континентального шельфа и (или) исключительной экономической зоны Российской Федерации), статьей 8.18 (в части нарушения правил проведения ресурсных исследований), статьей 8.19, статьей 8.20 (в части незаконной передачи минеральных ресурсов) настоящего Кодекса. (в ред. Федеральных законов от 28.12.2009 N 380-ФЗ, от 30.11.2011 N 364-ФЗ)
2. Рассматривать дела об административных правонарушениях от имени органов, указанных в части 1 настоящей статьи, вправе:
1) главный государственный инспектор Российской Федерации по контролю за геологическим изучением, рациональным использованием и охраной недр, его заместители;
2) старший государственный инспектор Российской Федерации по контролю за геологическим изучением, рациональным использованием и охраной недр;
3) государственные инспектора Российской Федерации по контролю за геологическим изучением, рациональным использованием и охраной недр;
4) главные государственные инспектора по контролю за геологическим изучением, рациональным использованием и охраной недр на соответствующей территории, их заместители;
5) старшие государственные инспектора по контролю за геологическим изучением, рациональным использованием и охраной недр на соответствующей территории;
6) государственные инспектора по контролю за геологическим изучением, рациональным использованием и охраной недр на соответствующей территории. (часть вторая в ред. Федерального закона от 28.12.2009 N 380-ФЗ)
Статья 23.22.1. Органы исполнительной власти субъектов Российской Федерации, осуществляющие государственный контроль за геологическим изучением, рациональным использованием и охраной недр
(введена Федеральным законом от 28.12.2009 N 380-ФЗ)
1. Органы исполнительной власти субъектов Российской Федерации, осуществляющие государственный контроль за геологическим изучением, рациональным использованием и охраной недр, рассматривают дела об административных правонарушениях, предусмотренных статьей 7.3 (в части пользования участками недр местного значения), статьей 7.10 (в части самовольной уступки права пользования участками недр местного значения), статьей 8.5 (в части сокрытия или искажения информации о состоянии участков недр местного значения), статьей 8.11 (в части проведения работ по геологическому изучению участков недр местного значения) настоящего Кодекса. (в ред. Федерального закона от 30.11.2011 N 364-ФЗ)
2. Рассматривать дела об административных правонарушениях от имени органов, указанных в части 1 настоящей статьи, вправе руководители органов исполнительной власти субъектов Российской Федерации, осуществляющих государственный контроль за геологическим изучением, рациональным использованием и охраной недр, их заместители.
Статья 23.23. Органы, осуществляющие федеральный государственный контроль и надзор за использованием и охраной водных объектов
(в ред. Федерального закона от 28.12.2009 N 380-ФЗ)
1. Органы, осуществляющие федеральный государственный контроль и надзор за использованием и охраной водных объектов, рассматривают дела об административных правонарушениях, предусмотренных частью 2 статьи 7.2 (в части уничтожения или повреждения наблюдательных режимных створов на водных объектах, подлежащих федеральному государственному контролю и надзору (за исключением подземных водных объектов), специальных информационных знаков, определяющих границы прибрежных защитных полос и водоохранных зон водных объектов, подлежащих федеральному государственному контролю и надзору, в том числе прибрежных полос внутренних морских вод и территориального моря Российской Федерации, знаков, информирующих граждан об ограничении водопользования на водных объектах общего пользования), статьей 7.6 (в отношении водных объектов, подлежащих федеральному государственному контролю и надзору), статьей 7.7 (за исключением повреждения гидротехнических сооружений), статьей 7.10 (в части самовольной уступки права пользования водным объектом, подлежащим федеральному государственному контролю и надзору), статьей 7.20 (в отношении водных объектов, подлежащих федеральному государственному контролю и надзору), статьей 8.5 (в части сокрытия или искажения экологической информации о состоянии водных объектов, подлежащих федеральному государственному контролю и надзору), статьями 8.12 - 8.15 (в отношении водных объектов, подлежащих федеральному государственному контролю и надзору), статьей 8.42 (в отношении водных объектов, подлежащих федеральному государственному контролю и надзору) настоящего Кодекса.
2. Рассматривать дела об административных правонарушениях от имени органов, указанных в части 1 настоящей статьи, вправе:
1) главный государственный инспектор Российской Федерации по контролю и надзору за использованием и охраной водных объектов, его заместители;
2) старший государственный инспектор Российской Федерации по контролю и надзору за использованием и охраной водных объектов;
3) государственные инспектора Российской Федерации по контролю и надзору за использованием и охраной водных объектов;
4) главные государственные бассейновые (территориальные) инспектора по контролю и надзору за использованием и охраной водных объектов, их заместители;
5) государственные бассейновые (территориальные) инспектора по контролю и надзору за использованием и охраной водных объектов.
Статья 23.23.1. Органы исполнительной власти субъектов Российской Федерации, осуществляющие региональный государственный контроль и надзор за использованием и охраной водных объектов
(введена Федеральным законом от 28.12.2009 N 380-ФЗ)
1. Органы исполнительной власти субъектов Российской Федерации, осуществляющие региональный государственный контроль и надзор за использованием и охраной водных объектов, рассматривают дела
об административных правонарушениях, предусмотренных частью 2 статьи 7.2 (в части уничтожения или повреждения скважин государственной опорной наблюдательной сети, наблюдательных режимных створов на водных объектах, за исключением водных объектов, подлежащих федеральному государственному контролю и надзору, водохозяйственных или водоохранных информационных знаков, а также знаков, определяющих границы прибрежных защитных полос и водоохранных зон водных объектов, за исключением водных объектов, подлежащих федеральному государственному контролю и надзору), статьей 7.6 (за исключением водных объектов, подлежащих федеральному государственному контролю и надзору), статьей 7.10 (за исключением самовольной уступки права пользования водным объектом, подлежащим федеральному государственному контролю и надзору), статьей 7.20 (за исключением водных объектов, подлежащих федеральному государственному контролю и надзору), статьей 8.5 (в части сокрытия или искажения экологической информации о состоянии водных объектов, за исключением водных объектов, подлежащих федеральному государственному контролю и надзору), статьями 8.12 - 8.15 (за исключением водных объектов, подлежащих федеральному государственному контролю и надзору), статьей 8.42 (за исключением водных объектов, подлежащих федеральному государственному контролю и надзору) настоящего Кодекса.
2. Рассматривать дела об административных правонарушениях от имени органов, указанных в части 1 настоящей статьи, вправе руководители органов исполнительной власти субъектов Российской Федерации, осуществляющих региональный государственный контроль и надзор за использованием и охраной водных объектов, их заместители.
Статья 23.24. Органы, осуществляющие государственный лесной контроль и надзор
(в ред. Федерального закона от 28.12.2009 N 380-ФЗ)
1. Органы, осуществляющие государственный лесной контроль и надзор, рассматривают дела об административных правонарушениях, предусмотренных частью 2 статьи 7.2 (в части уничтожения или повреждения лесоустроительных и лесохозяйственных знаков в пределах своих полномочий в соответствии с лесным законодательством), статьей 7.9 (в пределах своих полномочий в соответствии с лесным законодательством), статьей 7.10 (в части самовольной уступки права пользования лесным участком или самовольной мены лесного участка в пределах своих полномочий в соответствии с лесным законодательством), статьями 8.24 - 8.27 (в пределах своих полномочий в соответствии с лесным законодательством), частью 1 статьи 8.28 (в пределах своих полномочий в соответствии с лесным законодательством), статьями 8.29 - 8.32 (в пределах своих полномочий в соответствии с лесным законодательством) настоящего Кодекса.
2. Рассматривать дела об административных правонарушениях от имени органов, указанных в части 1 настоящей статьи, вправе:
1) руководитель федерального органа исполнительной власти, осуществляющего государственный лесной контроль и надзор, его заместители;
2) руководители структурных подразделений федерального органа исполнительной власти, осуществляющего государственный лесной контроль и надзор, их заместители;
3) руководители территориальных органов федерального органа исполнительной власти, осуществляющего государственный лесной контроль и надзор, их заместители;
4) руководители структурных подразделений территориальных органов федерального органа исполнительной власти, осуществляющего государственный лесной контроль и надзор, их заместители.
Статья 23.24.1. Органы исполнительной власти субъектов Российской Федерации, осуществляющие государственный лесной контроль и надзор
(введена Федеральным законом от 28.12.2009 N 380-ФЗ)
1. Органы исполнительной власти субъектов Российской Федерации, осуществляющие государственный лесной контроль и надзор, рассматривают дела об административных правонарушениях, предусмотренных частью 2 статьи 7.2 (в части уничтожения или повреждения лесоустроительных и лесохозяйственных знаков в пределах своих полномочий в соответствии с лесным законодательством), статьями 7.9, 7.10 (в пределах своих полномочий в соответствии с лесным законодательством), статьями 8.24 - 8.27 (в пределах своих полномочий в соответствии с лесным законодательством), частью 1 статьи
8.28 (в пределах своих полномочий в соответствии с лесным законодательством), статьями 8.29 - 8.32 (в пределах своих полномочий в соответствии с лесным законодательством) настоящего Кодекса.
2. Рассматривать дела об административных правонарушениях от имени органов, указанных в части 1 настоящей статьи, вправе:
1) руководители органов исполнительной власти субъектов Российской Федерации, осуществляющих государственный лесной контроль и надзор, их заместители;
2) руководители структурных подразделений органов исполнительной власти субъектов Российской Федерации, осуществляющих государственный лесной контроль и надзор, их заместители. (часть 2 в ред. Федерального закона от 23.12.2010 N 380-ФЗ)
Статья 23.25. Органы, осуществляющие функции по контролю в области организации и функционирования особо охраняемых природных территорий федерального значения
(в ред. Федерального закона от 28.12.2009 N 380-ФЗ)
1. Органы, осуществляющие функции по контролю в области организации и функционирования особо охраняемых природных территорий федерального значения, рассматривают дела об административных правонарушениях, предусмотренных частью 2 статьи 7.2 (в части уничтожения или повреждения на территориях особо охраняемых природных территорий федерального значения знаков, устанавливаемых пользователями животным миром, уполномоченными государственными органами по охране, контролю и регулированию использования объектов животного мира и среды их обитания, государственными органами, осуществляющими функции по контролю и надзору в области рыболовства и сохранения водных биологических ресурсов и среды их обитания, зданий и других сооружений, принадлежащих указанным пользователям и органам; уничтожения или повреждения на территориях особо охраняемых природных территорий федерального значения скважин государственной опорной наблюдательной сети, наблюдательных режимных створов на водных объектах, в том числе на подземных водных объектах, специальных информационных знаков, определяющих границы прибрежных защитных полос и водоохранных зон водных объектов, в том числе прибрежных полос внутренних морских вод и территориального моря Российской Федерации, знаков, информирующих граждан об ограничении водопользования на водных объектах общего пользования; уничтожения или повреждения на территориях особо охраняемых природных территорий федерального значения знаков особо охраняемых природных территорий, лесоустроительных или лесохозяйственных знаков), статьей 7.4 (в части необеспечения сохранности особо охраняемых территорий и объектов окружающей среды при пользовании недрами), статьей 7.6 (в части водных объектов, расположенных на территориях особо охраняемых природных территорий федерального значения), статьями 7.7 - 7.11 (в части административных правонарушений, совершенных на территориях особо охраняемых природных территорий федерального значения), статьями 8.5 - 8.9 (в части административных правонарушений, совершенных на территориях особо охраняемых природных территорий федерального значения), статьями 8.12 - 8.14 (в части административных правонарушений, совершенных на территориях особо охраняемых природных территорий федерального значения), частью 1 статьи 8.16 (в части административных правонарушений, совершенных на территориях особо охраняемых природных территорий федерального значения), статьями 8.17 и 8.18 (в части административных правонарушений, совершенных на территориях особо охраняемых природных территорий федерального значения), статьей 8.21 (в части административных правонарушений, совершенных на территориях особо охраняемых природных территорий федерального значения), статьями 8.25 - 8.39 (в части административных правонарушений, совершенных на территориях особо охраняемых природных территорий федерального значения) настоящего Кодекса.
2. Рассматривать дела об административных правонарушениях от имени органов, указанных в части 1 настоящей статьи, вправе:
1) руководитель федерального органа исполнительной власти, осуществляющего функции по контролю в области организации и функционирования особо охраняемых природных территорий федерального значения, его заместители;
2) руководители структурных подразделений федерального органа исполнительной власти, осуществляющего функции по контролю в области организации и функционирования особо охраняемых природных территорий федерального значения, их заместители;
3) руководители территориальных органов федерального органа исполнительной власти,
осуществляющего функции по контролю в области организации и функционирования особо охраняемых природных территорий федерального значения, их заместители;
4) иные должностные лица федерального органа исполнительной власти, осуществляющего функции по контролю в области организации и функционирования особо охраняемых природных территорий федерального значения, территориальных органов указанного федерального органа исполнительной власти, уполномоченные осуществлять контроль в области организации и функционирования особо охраняемых природных территорий федерального значения;
5) директора государственных природных заповедников и национальных парков - главные государственные инспектора по охране территорий государственных природных заповедников и национальных парков, их заместители.
Статья 23.26. Органы, осуществляющие функции по охране, контролю и регулированию использования объектов животного мира и среды их обитания
(в ред. Федерального закона от 28.12.2009 N 380-ФЗ)
1. Органы, осуществляющие функции по охране, контролю и регулированию использования объектов животного мира и среды их обитания, рассматривают дела об административных правонарушениях, предусмотренных частью 2 статьи 7.2 (об уничтожении или о повреждении знаков, устанавливаемых пользователями животным миром, уполномоченными государственными органами по охране, контролю и регулированию использования объектов животного мира и среды их обитания, зданий и других сооружений, принадлежащих указанным пользователям и органам, за исключением административных правонарушений, совершенных на территориях особо охраняемых природных территорий федерального значения), статьей 7.11 (за исключением административных правонарушений, совершенных на территориях особо охраняемых природных территорий федерального значения), статьей 8.33 (за исключением административных правонарушений, совершенных на территориях особо охраняемых природных территорий федерального значения), статьей 8.34 (в части административных правонарушений, совершенных с биологическими коллекциями, содержащими объекты животного мира, за исключением административных правонарушений, совершенных на территориях особо охраняемых природных территорий федерального значения), статьей 8.35 (за исключением административных правонарушений, совершенных на территориях особо охраняемых природных территорий федерального значения), статьей 8.36 (за исключением административных правонарушений, совершенных на территориях особо охраняемых природных территорий федерального значения), частью 1 статьи 8.37 (за исключением административных правонарушений, совершенных на территориях особо охраняемых природных территорий федерального значения), частью 3 статьи 8.37 (за исключением административных правонарушений, совершенных на территориях особо охраняемых природных территорий федерального значения) настоящего Кодекса.
2. Рассматривать дела об административных правонарушениях от имени органов, указанных в части 1 настоящей статьи, вправе:
1) руководители органов исполнительной власти субъектов Российской Федерации, осуществляющих функции по охране, контролю и регулированию использования объектов животного мира и среды их обитания, их заместители;
2) руководители структурных подразделений органов исполнительной власти субъектов Российской Федерации, осуществляющих функции по охране, контролю и регулированию использования объектов животного мира и среды их обитания, их заместители.
Статья 23.27. Органы, осуществляющие контроль и надзор в области рыболовства и сохранения водных биологических ресурсов и среды их обитания
(в ред. Федерального закона от 28.12.2009 N 380-ФЗ)
1. Органы, осуществляющие контроль и надзор в области рыболовства и сохранения водных биологических ресурсов и среды их обитания, рассматривают дела об административных правонарушениях, предусмотренных частью 2 статьи 7.2 (об уничтожении или о повреждении знаков, устанавливаемых пользователями животным миром, уполномоченными государственными органами по охране, контролю и регулированию использования водных биологических ресурсов и среды их обитания, а также зданий и других сооружений, принадлежащих указанным пользователям и органам), статьями 7.11, 8.33 (в части нарушения правил охраны среды обитания или путей миграции водных биологических
ресурсов, за исключением административных правонарушений, совершенных на территориях особо охраняемых природных территорий федерального значения), статьей 8.34 (в части административных правонарушений, совершенных с биологическими коллекциями, содержащими объекты животного мира, относящиеся к водным биологическим ресурсам, за исключением административных правонарушений, совершенных на территориях особо охраняемых природных территорий федерального значения), статьей 8.36 (в отношении объектов животного мира, относящихся к водным биологическим ресурсам, за исключением обитающих на территориях особо охраняемых природных территорий федерального значения), частями 2 и 3 статьи 8.37, статьями 8.38, 8.42, статьей 11.6 (в части административных правонарушений, совершенных на судах и объектах рыбопромыслового флота), частью 1 статьи 11.7, статьями 11.8, 11.9 - 11.11, частью 2 статьи 11.17 настоящего Кодекса.
2. Рассматривать дела об административных правонарушениях от имени органов, указанных в части 1 настоящей статьи, вправе:
1) руководитель федерального органа исполнительной власти, осуществляющего контроль и надзор в области рыболовства и сохранения водных биологических ресурсов и среды их обитания, его заместители;
2) руководители структурных подразделений федерального органа исполнительной власти, осуществляющего контроль и надзор в области рыболовства и сохранения водных биологических ресурсов и среды их обитания, их заместители;
3) руководители территориальных органов федерального органа исполнительной власти, осуществляющего контроль и надзор в области рыболовства и сохранения водных биологических ресурсов и среды их обитания, их заместители;
4) начальники отделов, заместители начальников отделов, главные и старшие государственные инспектора территориальных органов федерального органа исполнительной власти, осуществляющего контроль и надзор в области рыболовства и сохранения водных биологических ресурсов и среды их обитания.
Статья 23.28. Органы гидрометеорологии и мониторинга окружающей среды
1. Органы гидрометеорологии и мониторинга окружающей среды рассматривают дела об административных правонарушениях, предусмотренных частями 3 и 4 статьи 7.2 (об уничтожении и о повреждении стационарных пунктов наблюдений за состоянием окружающей среды и ее загрязнением, входящих в государственную наблюдательную сеть, а равно о нарушениях режима их охранных зон), статьей 8.5, частями 1 и 2 статьи 8.40 настоящего Кодекса. (в ред. Федеральных законов от 02.07.2005 N 80-ФЗ, от 30.12.2008 N 309-ФЗ, от 28.12.2009 N 380-ФЗ)
2. Рассматривать дела об административных правонарушениях от имени органов, указанных в части 1 настоящей статьи, вправе:
1) руководитель федерального органа исполнительной власти, уполномоченного в области гидрометеорологии и мониторинга окружающей среды, его заместители;
2) руководители территориальных органов федерального органа исполнительной власти, уполномоченного в области гидрометеорологии и мониторинга окружающей среды, их заместители.
Статья 23.29. Органы, осуществляющие государственный экологический контроль
1. Органы, осуществляющие государственный экологический контроль, рассматривают дела об административных правонарушениях, предусмотренных частью 2 статьи 7.2 (об уничтожении и о повреждении знаков особо охраняемых природных территорий, а также знаков, устанавливаемых пользователями животным миром или специально уполномоченными государственными органами по охране, контролю и регулированию использования объектов животного мира и среды их обитания, зданий и других сооружений, принадлежащих указанным пользователям и органам), статьями 7.6, 7.11, 8.1, 8.2, 8.4 - 8.6, 8.12 (в части нарушения порядка отвода земельных участков в водоохранных зонах и прибрежных полосах водных объектов), частями 1, 2, 4 статьи 8.13, частью 1 статьи 8.14, статьями 8.15, 8.18, 8.19, 8.21 - 8.23, частями 2 и 3 статьи 8.31, статьями 8.33 - 8.36, частью 3 статьи 8.37, статьями 8.39, 8.41 настоящего Кодекса. (в ред. Федеральных законов от 26.12.2005 N 183-ФЗ, от 31.12.2005 N 199-ФЗ, от 28.12.2009 N 380-ФЗ)
2. Рассматривать дела об административных правонарушениях от имени органов, указанных в части 1 настоящей статьи, вправе:
1) главный государственный инспектор Российской Федерации по охране природы, его заместители;
2) старшие государственные инспектора Российской Федерации по охране природы;
3) государственные инспектора Российской Федерации по охране природы;
4) главные государственные инспектора Российской Федерации по охране природы в зоне своей деятельности, их заместители;
5) старшие государственные инспектора Российской Федерации по охране природы в зоне своей деятельности;
6) государственные инспектора Российской Федерации по охране природы в зоне своей деятельности;
7) главные государственные инспектора субъектов Российской Федерации по охране природы, их заместители;
8) старшие государственные инспектора субъектов Российской Федерации по охране природы;
9) государственные инспектора субъектов Российской Федерации по охране природы;
10) главные государственные инспектора по охране природы в зоне деятельности соответствующих городских, межрайонных, районных природоохранных структур в составе территориальных органов федерального органа исполнительной власти, уполномоченного в области охраны окружающей среды, их заместители;
11) государственные инспектора по охране природы в зоне деятельности соответствующих городских, межрайонных, районных природоохранных структур в составе территориальных органов федерального органа исполнительной власти, уполномоченного в области охраны окружающей среды.
3. Дела об административных правонарушениях, предусмотренных статьями 8.18, 8.19 настоящего Кодекса, рассматривают должностные лица, указанные в пунктах 1, 2, 4, 5, 7 и 10 части 2 настоящей статьи.
Статья 23.30. Органы государственного энергетического надзора
(в ред. Федерального закона от 28.12.2009 N 380-ФЗ)
1. Органы государственного энергетического надзора рассматривают дела об административных правонарушениях, предусмотренных статьями 9.7 - 9.9, статьей 9.10 (в части повреждения тепловых сетей либо их оборудования), статьей 9.11, частями 7, 8 и частью 10 (в части административных правонарушений, совершаемых организациями с участием государства или муниципального образования) статьи 9.16 и статьей 9.19, статьями 9.17, 9.18 настоящего Кодекса. (в ред. Федеральных законов от 26.07.2010 N 189-ФЗ, от 27.07.2010 N 226-ФЗ, от 27.07.2010 N 239-ФЗ)
2. Рассматривать дела об административных правонарушениях от имени органов, указанных в части 1 настоящей статьи, вправе:
1) руководитель федерального органа исполнительной власти, уполномоченного в области государственного энергетического надзора, его заместители;
2) руководители структурных подразделений федерального органа исполнительной власти, уполномоченного в области государственного энергетического надзора, их заместители;
3) руководители территориальных органов федерального органа исполнительной власти, уполномоченного в области государственного энергетического надзора, их заместители;
4) руководители структурных подразделений территориальных органов федерального органа исполнительной власти, уполномоченного в области государственного энергетического надзора, их заместители;
5) главные государственные инспектора, старшие государственные инспектора и государственные инспектора федерального органа исполнительной власти, уполномоченного в области государственного энергетического надзора, их заместители.
Статья 23.31. Органы, осуществляющие государственный контроль и надзор в сфере безопасного ведения работ, связанных с пользованием недрами, промышленной безопасности и безопасности гидротехнических сооружений
(в ред. Федерального закона от 28.12.2009 N 380-ФЗ)
1. Органы, осуществляющие государственный контроль и надзор в сфере безопасного ведения работ, связанных с пользованием недрами, промышленной безопасности и безопасности гидротехнических сооружений, рассматривают дела об административных правонарушениях, предусмотренных частью 2 статьи 7.2 (об уничтожении или о повреждении маркшейдерских знаков, знаков санитарных (горно-санитарных) зон и округов), частью 2 статьи 7.3 (в части нарушения требований утвержденного в установленном порядке технического проекта по безопасному ведению работ, связанных с пользованием недрами), статьей 7.4 (в части необеспечения требований к сохранности зданий и сооружений при пользовании недрами), статьей 7.7 (в части повреждения гидротехнических сооружений, за исключением судоходных гидротехнических сооружений), статьей 8.7 (в части невыполнения или несвоевременного выполнения обязанностей по рекультивации земель при разработке месторождений полезных ископаемых, включая общераспространенные полезные ископаемые), частью 2 статьи 8.10, частями 1 и 3 статьи 8.17, статьей 8.19 (в пределах своих полномочий), статьей 8.39 (об административных правонарушениях, совершенных на территориях санитарных (горно-санитарных) зон и округов), частями 1 и 2 статьи 9.1, частью 3 статьи 9.1 (в части грубого нарушения требований промышленной безопасности), статьей 9.2 (за исключением судоходных гидротехнических сооружений), статьей 9.10 (за исключением случаев повреждения тепловых сетей либо их оборудования), статьей 9.19, статьей 10.10 (в части гидротехнических сооружений, за исключением судоходных гидротехнических сооружений), частями 2 и 3 статьи 11.6 (за исключением судоходных гидротехнических сооружений), статьей 11.14 (в части перевозки опасных веществ), статьями 11.20, 14.26, 19.2, частью 11 статьи 19.5, частью 1 статьи 19.22 настоящего Кодекса. (в ред. Федеральных законов от 23.07.2010 N 171-ФЗ, от 27.07.2010 N 226-ФЗ, от 31.01.2012 N 2-ФЗ)
2. Рассматривать дела об административных правонарушениях от имени органов, указанных в части 1 настоящей статьи, вправе:
1) руководитель федерального органа исполнительной власти, осуществляющего государственный контроль и надзор в сфере безопасного ведения работ, связанных с пользованием недрами, промышленной безопасности и безопасности гидротехнических сооружений, его заместители;
2) руководители структурных подразделений федерального органа исполнительной власти, осуществляющего государственный контроль и надзор в сфере безопасного ведения работ, связанных с пользованием недрами, промышленной безопасности и безопасности гидротехнических сооружений, их заместители;
3) государственные инспектора федерального органа исполнительной власти, осуществляющего государственный контроль и надзор в сфере безопасного ведения работ, связанных с пользованием недрами, промышленной безопасности и безопасности гидротехнических сооружений;
4) руководители территориальных органов федерального органа исполнительной власти, осуществляющего государственный контроль и надзор в сфере безопасного ведения работ, связанных с пользованием недрами, промышленной безопасности и безопасности гидротехнических сооружений, их заместители;
5) начальники отделов, заместители начальников отделов, главные государственные инспектора и государственные инспектора территориальных органов федерального органа исполнительной власти, осуществляющего государственный контроль и надзор в сфере безопасного ведения работ, связанных с пользованием недрами, промышленной безопасности и безопасности гидротехнических сооружений.
3. Рассматривать дела об административных правонарушениях, предусмотренных частью 3 статьи 9.1 настоящего Кодекса, от имени органов, указанных в части 1 настоящей статьи, вправе должностные лица, указанные в пунктах 1 и 4 части 2 настоящей статьи. (часть 3 введена Федеральным законом от 23.07.2010 N 171-ФЗ)
Статья 23.32. Органы, осуществляющие государственный контроль за безопасностью взрывоопасных производств
1. Органы, осуществляющие государственный контроль за безопасностью взрывоопасных производств, рассматривают дела об административных правонарушениях, предусмотренных частями 1 и 2 статьи 9.1 и статьей 9.19 настоящего Кодекса. (в ред. Федеральных законов от 02.07.2005 N 80-ФЗ, от 27.07.2010 N 226-ФЗ)
2. Рассматривать дела об административных правонарушениях от имени органов, указанных в части 1 настоящей статьи, вправе:
1) руководитель инспекции взрывоопасных производств федерального органа исполнительной власти, уполномоченного в области оборонной промышленности, его заместители;
2) главные инспектора инспекции взрывоопасных производств на предприятиях и в организациях.
Статья 23.33. Органы, осуществляющие функции по контролю и надзору в сфере безопасности при использовании атомной энергии (в ред. Федерального закона от 28.12.2009 N 380-ФЗ)
1. Органы, осуществляющие функции по контролю и надзору в сфере безопасности при использовании атомной энергии, рассматривают дела об административных правонарушениях, предусмотренных статьей 8.5 (в части сокрытия или искажения экологической информации о радиационной обстановке), статьями 9.6, 19.2, частью 17 статьи 19.5 настоящего Кодекса. (в ред. Федеральных законов от 28.12.2009 N 380-ФЗ, от 30.11.2011 N 347-ФЗ)
2. Рассматривать дела об административных правонарушениях от имени органов, указанных в части 1 настоящей статьи, вправе:
1) руководитель федерального органа исполнительной власти, осуществляющего функции по контролю и надзору в сфере безопасности при использовании атомной энергии, его заместители; (в ред. Федерального закона от 28.12.2009 N 380-ФЗ)
2) руководители территориальных органов федерального органа исполнительной власти, осуществляющего функции по контролю и надзору в сфере безопасности при использовании атомной энергии, их заместители; (в ред. Федерального закона от 28.12.2009 N 380-ФЗ)
3) главные государственные инспектора федерального органа исполнительной власти, осуществляющего функции по контролю и надзору в сфере безопасности при использовании атомной энергии; (в ред. Федерального закона от 28.12.2009 N 380-ФЗ)
4) начальники отделов, заместители начальников отделов, главные государственные инспектора, старшие государственные инспектора и государственные инспектора территориальных органов федерального органа исполнительной власти, осуществляющего функции по контролю и надзору в сфере безопасности при использовании атомной энергии. (п. 4 в ред. Федерального закона от 30.11.2011 N 347-ФЗ)
Статья 23.34. Органы, осуществляющие государственный пожарный надзор
1. Органы, осуществляющие государственный пожарный надзор, рассматривают дела об административных правонарушениях, предусмотренных статьями 8.32, 11.16, 20.4 настоящего Кодекса.
2. Рассматривать дела об административных правонарушениях и назначать административные наказания от имени органов, указанных в части 1 настоящей статьи, вправе:
1) главный государственный инспектор Российской Федерации по пожарному надзору, его заместители;
2) главные государственные инспектора субъектов Российской Федерации по пожарному надзору, их заместители;
3) главные государственные инспектора городов (районов) субъектов Российской Федерации по
пожарному надзору, их заместители;
3.1) главные государственные инспектора специальных и воинских подразделений федеральной противопожарной службы по пожарному надзору, их заместители; (п. 3.1 в ред. Федерального закона от 19.07.2009 N 198-ФЗ)
4) государственные инспектора Российской Федерации по пожарному надзору;
5) государственные инспектора субъектов Российской Федерации по пожарному надзору;
6) государственные инспектора городов (районов) субъектов Российской Федерации по пожарному надзору;
7) государственные инспектора специальных и воинских подразделений федеральной противопожарной службы по пожарному надзору. (п. 7 в ред. Федерального закона от 19.07.2009 N 198-ФЗ)
3. Должностные лица, указанные в пунктах 5 - 7 части 2 настоящей статьи, вправе рассматривать дела об административных правонарушениях, совершенных гражданами и должностными лицами. (в ред. Федерального закона от 03.07.2006 N 97-ФЗ)
Статья 23.35. Органы, осуществляющие государственный надзор за техническим состоянием самоходных машин и других видов техники
1. Органы, осуществляющие государственный надзор за техническим состоянием самоходных машин и других видов техники, рассматривают дела об административных правонарушениях, предусмотренных статьями 8.22, 8.23 (в части техники, поднадзорной указанным органам), статьей 9.3, статьей 12.37 (в части техники, поднадзорной указанным органам), частью 1 статьи 19.22 (в части техники, поднадзорной указанным органам) настоящего Кодекса. (в ред. Федеральных законов от 28.12.2009 N 380-ФЗ, от 31.01.2012 N 2-ФЗ)
2. Рассматривать дела об административных правонарушениях от имени органов, указанных в части 1 настоящей статьи, вправе:
1) главный государственный инженер - инспектор Российской Федерации по надзору за техническим состоянием самоходных машин и других видов техники, его заместители;
2) главные государственные инженеры - инспектора субъектов Российской Федерации по надзору за техническим состоянием самоходных машин и других видов техники, их заместители;
3) главные государственные инженеры - инспектора городов, районов по надзору за техническим состоянием самоходных машин и других видов техники, их заместители.
Статья 23.36. Органы, осуществляющие функции по контролю и надзору в сфере транспорта
(в ред. Федерального закона от 28.12.2009 N 380-ФЗ)
1. Органы, осуществляющие функции по контролю и надзору в сфере транспорта, рассматривают дела об административных правонарушениях, предусмотренных статьей 7.7 (в отношении судоходных гидротехнических сооружений), статьей 8.2 (в части нарушения экологических требований на морском, внутреннем водном, автомобильном транспорте, железнодорожном транспорте общего и необщего пользования), статьей 8.3 (в части нарушения правил обращения с пестицидами и агрохимикатами на морском, внутреннем водном, автомобильном транспорте и в дорожном хозяйстве, на железнодорожном транспорте общего и необщего пользования), статьями 8.22, 8.23, статьей 9.2 (в отношении судоходных гидротехнических сооружений), статьей 10.10 (в отношении судоходных гидротехнических сооружений), статьями 11.1, 11.6, частями 1, 3 и 4 статьи 11.7, статьями 11.8, 11.9 - 11.11, частью 1 статьи 11.13, частями 2 и 3 статьи 11.14, статьями 11.14.1, 11.14.2, 11.15, частью 1 статьи 11.15.1, статьей 11.16, частью 5 статьи 11.17, статьями 11.23, 11.26, 11.27, 11.29, частью 2 статьи 12.3 (об управлении транспортным средством водителем, не имеющим при себе лицензионной карточки), статьями 12.21.1 и 12.21.2 (в части осуществления контроля за соблюдением порядка осуществления международных автомобильных перевозок), частью 10 статьи 19.5, статьей 19.7.5, частью 2 статьи 19.22 настоящего Кодекса. (в ред. Федеральных законов от 27.07.2010 N 195-ФЗ, от 21.04.2011 N 69-ФЗ, от 18.07.2011 N 237-ФЗ, от
31.01.2012 N 2-ФЗ)
2. Рассматривать дела об административных правонарушениях от имени органов, указанных в части 1 настоящей статьи, вправе:
1) на автомобильном транспорте и в дорожном хозяйстве - руководитель федерального органа исполнительной власти, осуществляющего функции по контролю и надзору в сфере транспорта, его заместители, руководители структурных подразделений федерального органа исполнительной власти, осуществляющего функции по контролю и надзору в сфере транспорта, их заместители, руководители территориальных органов федерального органа исполнительной власти, осуществляющего функции по контролю и надзору в сфере транспорта, их заместители, иные должностные лица федерального органа исполнительной власти, осуществляющего функции по контролю и надзору в сфере транспорта, уполномоченные осуществлять контроль и надзор в сфере транспорта (государственные транспортные инспектора), - об административных правонарушениях, предусмотренных статьей 8.2 (в части нарушения экологических требований на автомобильном транспорте), статьей 8.3 (в части нарушения правил обращения с пестицидами и агрохимикатами на автомобильном транспорте и в дорожном хозяйстве), статьями 8.22, 8.23, 11.14.1, 11.14.2, 11.15, 11.23, 11.26, 11.27, 11.29, частью 2 статьи 12.3 (об управлении транспортным средством водителем, не имеющим при себе лицензионной карточки), статьями 12.21.1 и 12.21.2 (в части осуществления контроля за соблюдением порядка осуществления международных автомобильных перевозок) настоящего Кодекса; (в ред. Федерального закона от 21.04.2011 N 69-ФЗ)
2) на морском транспорте - руководитель федерального органа исполнительной власти, осуществляющего функции по контролю и надзору в сфере транспорта, его заместители, руководители структурных подразделений федерального органа исполнительной власти, осуществляющего функции по контролю и надзору в сфере транспорта, их заместители, руководители территориальных органов федерального органа исполнительной власти, осуществляющего функции по контролю и надзору в сфере транспорта, их заместители, иные должностные лица федерального органа исполнительной власти, осуществляющего функции по контролю и надзору в сфере транспорта, уполномоченные осуществлять контроль и надзор в сфере транспорта (государственные транспортные инспектора), - об административных правонарушениях, предусмотренных статьей 8.2 (в части нарушения экологических требований на морском транспорте), статьей 8.3 (в части нарушения правил обращения с пестицидами и агрохимикатами на морском транспорте), статьями 8.22, 8.23, 11.6, частями 1, 3 и 4 статьи 11.7, статьями 11.8, 11.9 - 11.11, частью 1 статьи 11.13, частью 2 статьи 11.14, статьями 11.15, 11.16, частью 5 статьи 11.17, частью 2 статьи 19.22 настоящего Кодекса, капитаны морских портов - об административных правонарушениях, предусмотренных статьей 11.6, частями 1, 3 и 4 статьи 11.7, статьями 11.8, 11.9 - 11.11, частью 1 статьи 11.13, частью 2 статьи 11.14, статьями 11.15, 11.16, частью 5 статьи 11.17, частью 2 статьи 19.22 настоящего Кодекса; (в ред. Федерального закона от 31.01.2012 N 2-ФЗ)
3) на внутреннем водном транспорте - руководитель федерального органа исполнительной власти, осуществляющего функции по контролю и надзору в сфере транспорта, его заместители, руководители структурных подразделений федерального органа исполнительной власти, осуществляющего функции по контролю и надзору в сфере транспорта, их заместители, руководители территориальных органов федерального органа исполнительной власти, осуществляющего функции по контролю и надзору в сфере транспорта, их заместители, иные должностные лица федерального органа исполнительной власти, осуществляющего функции по контролю и надзору в сфере транспорта, уполномоченные осуществлять контроль и надзор в сфере транспорта (государственные транспортные инспектора), - об административных правонарушениях, предусмотренных статьей 7.7 (в отношении судоходных гидротехнических сооружений), статьей 8.2 (в части нарушения экологических требований на внутреннем водном транспорте), статьей 8.3 (в части нарушения правил обращения с пестицидами и агрохимикатами на внутреннем водном транспорте), статьями 8.22, 8.23, статьей 9.2 (в отношении судоходных гидротехнических сооружений), статьей 10.10 (в отношении судоходных гидротехнических сооружений), статьей 11.6, частью 1 статьи 11.7, статьями 11.8, 11.9 - 11.11, частью 1 статьи 11.13, частью 2 статьи 11.14, статьями 11.15, 11.16, частью 5 статьи 11.17 настоящего Кодекса;
4) на железнодорожном транспорте общего и необщего пользования - руководитель федерального органа исполнительной власти, осуществляющего функции по контролю и надзору в сфере транспорта, его заместители, руководители структурных подразделений федерального органа исполнительной власти, осуществляющего функции по контролю и надзору в сфере транспорта, их заместители, руководители территориальных органов федерального органа исполнительной власти, осуществляющего функции по
контролю и надзору в сфере транспорта, их заместители, иные должностные лица федерального органа исполнительной власти, осуществляющего функции по контролю и надзору в сфере транспорта, уполномоченные осуществлять контроль и надзор в сфере транспорта (государственные транспортные инспектора), - об административных правонарушениях, предусмотренных статьей 8.2 (в части нарушения экологических требований на железнодорожном транспорте общего и необщего пользования), статьей 8.3 (в части нарушения правил обращения с пестицидами и агрохимикатами на железнодорожном транспорте общего и необщего пользования), статьей 11.1, частью 3 статьи 11.14, статьями 11.15, 11.16 настоящего Кодекса. (в ред. Федерального закона от 18.07.2011 N 237-ФЗ)
Статьи 23.37 - 23.39. Утратили силу. - Федеральный закон от 28.12.2009 N 380-ФЗ.
Статья 23.40. Органы государственной инспекции по маломерным судам
1. Органы государственной инспекции по маломерным судам рассматривают дела об административных правонарушениях, предусмотренных статьями 8.22, 8.23 (в части выпуска в эксплуатацию и эксплуатации маломерных судов с превышением нормативов содержания загрязняющих веществ в выбросах или нормативов уровня шума), частью 2 статьи 11.7, статьями 11.8, 11.8.1, 11.9 - 11.12, частью 2 статьи 11.13 настоящего Кодекса. (в ред. Федерального закона от 29.06.2009 N 134-ФЗ)
2. Рассматривать дела об административных правонарушениях от имени органов, указанных в части 1 настоящей статьи, вправе:
1) руководитель государственной инспекции по маломерным судам, его заместители;
2) руководители территориальных органов государственной инспекции по маломерным судам, их заместители;
3) начальники бассейновых государственных инспекций по маломерным судам, их заместители;
4) государственные инспектора по маломерным судам.
Статья 23.41. Утратила силу. - Федеральный закон от 28.12.2009 N 380-ФЗ.
Статья 23.42. Органы, уполномоченные в области авиации
(в ред. Федерального закона от 28.12.2009 N 380-ФЗ)
1. Органы, уполномоченные в области авиации, рассматривают дела об административных правонарушениях, предусмотренных статьей 8.2 (в части нарушения экологических требований на воздушном транспорте), статьей 8.3 (в части нарушения правил обращения с пестицидами и агрохимикатами на воздушном транспорте), статьями 8.22, 8.23, частями 1, 3 - 6 статьи 11.3, статьей 11.3.1, частями 1 - 6, 8 и 9 статьи 11.5, частью 1 статьи 11.14, статьей 11.15, частью 1 статьи 11.15.1, статьей 11.16, частью 4 статьи 11.17 (в части нарушения правил пользования средствами радиосвязи с борта воздушного судна), частью 6 статьи 11.17, статьями 11.30, 19.7.5 настоящего Кодекса. (в ред. Федерального закона от 27.07.2010 N 195-ФЗ)
2. Рассматривать дела об административных правонарушениях от имени органов, указанных в части 1 настоящей статьи, вправе:
1) руководитель федерального органа исполнительной власти, осуществляющего функции по контролю и надзору в сфере транспорта, его заместители, руководители структурных подразделений федерального органа исполнительной власти, осуществляющего функции по контролю и надзору в сфере транспорта, их заместители, руководители территориальных органов федерального органа исполнительной власти, осуществляющего функции по контролю и надзору в сфере транспорта, их заместители, иные должностные лица федерального органа исполнительной власти, осуществляющего функции по контролю и надзору в сфере транспорта, уполномоченные осуществлять контроль и надзор в сфере транспорта (государственные транспортные инспектора), - об административных правонарушениях, совершенных в гражданской авиации и предусмотренных статьей 8.2 (в части нарушения экологических требований на воздушном транспорте), статьей 8.3 (в части нарушения правил обращения с пестицидами и агрохимикатами на воздушном транспорте), статьями 8.22, 8.23, частями 1, 3 - 6 статьи 11.3, статьей 11.3.1,
частями 1 - 6, 8 и 9 статьи 11.5, частью 1 статьи 11.14, статьями 11.15, 11.16, частями 4 и 6 статьи 11.17, статьей 11.30 настоящего Кодекса;
2) руководитель федерального органа исполнительной власти, уполномоченного в области обороны, его заместители, руководители структурных подразделений федерального органа исполнительной власти, уполномоченного в области обороны, их заместители, руководители инспекторских служб федерального органа исполнительной власти, уполномоченного в области обороны, их заместители, инспектора по безопасности полетов авиации - об административных правонарушениях, совершенных в государственной авиации и предусмотренных частями 1, 3, 5 и 6 статьи 11.3, статьей 11.3.1, частями 1 - 6, 8 и 9 статьи 11.5, частью 1 статьи 11.14, статьями 11.16, 11.30 настоящего Кодекса;
3) руководитель федерального органа исполнительной власти, уполномоченного в сфере оборонно-промышленного комплекса, его заместители, руководители структурных подразделений федерального органа исполнительной власти, уполномоченного в сфере оборонно-промышленного комплекса, их заместители - об административных правонарушениях, совершенных в экспериментальной авиации и предусмотренных частями 1, 3, 5 и 6 статьи 11.3, статьей 11.3.1, частями 1 - 6, 8 и 9 статьи 11.5, частью 1 статьи 11.14, статьями 11.16, 11.30 настоящего Кодекса.
Статья 23.43. Органы, осуществляющие функции по контролю и надзору в сфере использования воздушного пространства
(в ред. Федерального закона от 28.12.2009 N 380-ФЗ)
1. Органы, осуществляющие функции по контролю и надзору в сфере использования воздушного пространства, рассматривают дела об административных правонарушениях, предусмотренных статьей 11.4, частью 1 статьи 11.15.1, частями 1 и 2 статьи 18.1 (в части нарушения воздушного пространства Российской Федерации), статьей 19.7.5 настоящего Кодекса. (в ред. Федерального закона от 27.07.2010 N 195-ФЗ)
2. Рассматривать дела об административных правонарушениях от имени органов, указанных в части 1 настоящей статьи, вправе руководитель уполномоченного федерального органа исполнительной власти, осуществляющего функции по контролю и надзору в сфере использования воздушного пространства, его заместители, руководители территориальных органов уполномоченного федерального органа исполнительной власти, осуществляющего функции по контролю и надзору в сфере использования воздушного пространства, их заместители.
Статья 23.44. Органы, осуществляющие функции по контролю и надзору в сфере связи, информационных технологий и массовых коммуникаций
(в ред. Федерального закона от 28.12.2009 N 380-ФЗ)
1. Органы, осуществляющие функции по контролю и надзору в сфере связи, информационных технологий и массовых коммуникаций, рассматривают дела об административных правонарушениях, предусмотренных статьями 13.2 - 13.4, 13.6 - 13.9, 13.18, частями 1 - 3 статьи 15.27 (в пределах своих полномочий) настоящего Кодекса. (в ред. Федеральных законов от 23.07.2010 N 176-ФЗ, от 08.11.2011 N 308-ФЗ)
2. Рассматривать дела об административных правонарушениях от имени органов, указанных в части 1 настоящей статьи, вправе:
1) главный государственный инспектор Российской Федерации по надзору в сфере связи, информационных технологий и массовых коммуникаций, его заместители;
2) старшие государственные инспектора Российской Федерации по надзору в сфере связи, информационных технологий и массовых коммуникаций.
Статья 23.45. Органы, осуществляющие контроль за обеспечением защиты государственной тайны
1. Органы, осуществляющие контроль за обеспечением защиты государственной тайны, рассматривают дела об административных правонарушениях, предусмотренных частями 3 и 4 статьи 13.12, частью 2 статьи 13.13 настоящего Кодекса.
2. Рассматривать дела об административных правонарушениях от имени органов, указанных в части 1 настоящей статьи, вправе:
1) руководитель федерального органа исполнительной власти, уполномоченного в области обеспечения безопасности Российской Федерации, его заместители, руководители территориальных органов указанного федерального органа исполнительной власти, их заместители, начальники структурных подразделений территориальных органов указанного федерального органа исполнительной власти; (в ред. Федерального закона от 28.12.2009 N 380-ФЗ)
2) руководитель федерального органа исполнительной власти, уполномоченного в области обороны, его заместители;
3) утратил силу. - Федеральный закон от 30.06.2003 N 86-ФЗ;
4) руководитель федерального органа исполнительной власти, уполномоченного в области внешней разведки, его заместители;
5) руководитель федерального органа исполнительной власти, уполномоченного в области противодействия техническим разведкам и технической защиты информации, его заместители, руководители территориальных органов указанного федерального органа исполнительной власти, их заместители;
6) руководители подразделений федеральных органов исполнительной власти, уполномоченных в области обеспечения безопасности Российской Федерации, обороны Российской Федерации, внешней разведки, противодействия техническим разведкам и технической защиты информации, осуществляющих лицензирование видов деятельности, которые связаны с использованием и защитой сведений, составляющих государственную тайну, их заместители. (в ред. Федеральных законов от 30.06.2003 N 86-ФЗ, от 28.12.2009 N 380-ФЗ)
Статья 23.46. Органы, осуществляющие государственный контроль в области обращения и защиты информации
1. Органы, осуществляющие государственный контроль в области обращения и защиты информации, рассматривают дела об административных правонарушениях, предусмотренных частями 3 и 4 статьи 13.5, статьей 13.6, частями 1 и 2 статьи 13.12, частью 1 статьи 13.13, статьями 13.17, 13.22, 20.23, 20.24 настоящего Кодекса.
2. Рассматривать дела об административных правонарушениях от имени органов, указанных в части 1 настоящей статьи, вправе:
1) утратил силу. - Федеральный закон от 30.06.2003 N 86-ФЗ;
1.1) руководитель федерального органа исполнительной власти в области государственной охраны, его заместители, руководители подразделений указанного федерального органа исполнительной власти, их заместители - об административных правонарушениях, предусмотренных частями 3 и 4 статьи 13.5 настоящего Кодекса; (п. 1.1 введен Федеральным законом от 08.12.2011 N 424-ФЗ)
2) руководитель федерального органа исполнительной власти, уполномоченного в области противодействия техническим разведкам и технической защиты информации, его заместители, руководители территориальных органов указанного федерального органа исполнительной власти, их заместители - об административных правонарушениях, предусмотренных частями 1 и 2 статьи 13.12, частью 1 статьи 13.13 настоящего Кодекса; (в ред. Федерального закона от 28.12.2009 N 380-ФЗ)
3) руководитель федерального органа исполнительной власти, уполномоченного в области безопасности Российской Федерации, его заместители, руководители территориальных органов указанного федерального органа исполнительной власти, их заместители, руководители структурных подразделений указанного федерального органа исполнительной власти, их заместители, руководители территориальных органов указанного федерального органа исполнительной власти, их заместители, начальники структурных подразделений территориальных органов указанного федерального органа исполнительной власти - об административных правонарушениях, предусмотренных частями 3 и 4 статьи 13.5, статьей 13.6, частями 1 и 2 статьи 13.12, частью 1 статьи 13.13, статьями 13.17, 20.23, 20.24 настоящего Кодекса;
(в ред. Федеральных законов от 30.06.2003 N 86-ФЗ, от 28.12.2009 N 380-ФЗ)
4) руководитель федерального органа исполнительной власти, осуществляющего функции по контролю и надзору в сфере связи, информационных технологий и массовых коммуникаций, его заместители, руководители территориальных органов указанного федерального органа исполнительной власти, их заместители - об административных правонарушениях, предусмотренных статьями 13.17, 13.22 настоящего Кодекса; (в ред. Федерального закона от 28.12.2009 N 380-ФЗ)
5) утратил силу. - Федеральный закон от 28.12.2009 N 380-ФЗ.
Статья 23.47. Органы, уполномоченные в области финансовых рынков
(в ред. Федерального закона от 09.02.2009 N 9-ФЗ)
1. Федеральный орган исполнительной власти в области финансовых рынков, его территориальные органы рассматривают дела об административных правонарушениях, предусмотренных частью 1 статьи 13.25, частью 1 статьи 14.4.1, статьями 14.24, 15.17 - 15.22, частями 1 - 10 статьи 15.23.1, статьей 15.24.1, частями 1 - 3 статьи 15.27 (в пределах своих полномочий), статьями 15.28 - 15.31, 15.35, частью 9 статьи 19.5, статьей 19.7.3 настоящего Кодекса. (в ред. Федеральных законов от 23.07.2010 N 176-ФЗ, от 27.07.2010 N 224-ФЗ, от 01.07.2011 N 170-ФЗ, от 08.11.2011 N 308-ФЗ)
2. Рассматривать дела об административных правонарушениях от имени органа, указанного в части 1 настоящей статьи, вправе:
1) руководитель федерального органа исполнительной власти в области финансовых рынков, его заместители;
2) руководители территориальных органов федерального органа исполнительной власти в области финансовых рынков, их заместители.
Статья 23.48. Федеральный антимонопольный орган, его территориальные органы
Федеральным законом от 06.12.2011 N 404-ФЗ, вступающим в силу по истечении 30 дней после дня официального опубликования (опубликован на Официальном интернет-портале правовой информации http://www.pravo.gov.ru - 07.12.2011), в части 1 статьи 23.48 слова "статьей 14.3, статьей 14.6 (за исключением административных правонарушений в сфере государственного регулирования тарифов), статьями 14.9" должны быть заменены словами "статьями 14.3, 14.9". Однако Федеральным законом от 06.12.2011 N 403-ФЗ, вступившим в силу по истечении 10 дней после дня официального опубликования (опубликован на Официальном интернет-портале правовой информации http://www.pravo.gov.ru - 07.12.2011), слова "статьей 14.3" уже были заменены словами "статьями 9.21, 14.3", в связи с чем внесение изменений Федеральным законом от 06.12.2011 N 404-ФЗ, является некорректным.
1. Федеральный антимонопольный орган, его территориальные органы рассматривают дела об административных правонарушениях, предусмотренных статьей 9.15, частями 6 и 12 статьи 9.16, статьями 9.21, 14.3, статьей 14.6 (за исключением административных правонарушений в сфере государственного регулирования тарифов), статьями 14.9, 14.31 - 14.33, 14.38, 14.40 - 14.42, частями 2.1 - 2.7 статьи 19.5, статьей 19.8 (в пределах своих полномочий), статьей 19.31 настоящего Кодекса. (в ред. Федеральных законов от 27.07.2010 N 239-ФЗ, от 28.12.2010 N 411-ФЗ, от 06.12.2011 N 403-ФЗ)
2. Рассматривать дела об административных правонарушениях от имени органов, указанных в части 1 настоящей статьи, вправе:
1) руководитель федерального антимонопольного органа, его заместители;
2) руководители структурных подразделений федерального антимонопольного органа, их заместители, за исключением дел об административных правонарушениях, предусмотренных статьями 14.3, 14.9, 14.31 - 14.33 настоящего Кодекса;
3) руководители территориальных органов федерального антимонопольного органа, их заместители.
(часть 2 в ред. Федерального закона от 06.12.2011 N 404-ФЗ)
Статья 23.49. Органы, осуществляющие функции по контролю и надзору в сфере защиты прав потребителей и потребительского рынка
(в ред. Федерального закона от 28.12.2009 N 380-ФЗ)
1. Органы, осуществляющие функции по контролю и надзору в сфере защиты прав потребителей и потребительского рынка, рассматривают дела об административных правонарушениях, предусмотренных частями 1 и 2 статьи 9.16, статьей 10.8 (в части нарушения правил хранения и реализации продуктов животноводства), статьями 14.2, 14.4, частью 1 статьи 14.5, статьями 14.6 - 14.8, 14.15, частями 2.1 и 3 статьи 14.16, частями 2 - 4, 6 - 8 статьи 14.34, статьей 14.39, статьей 19.14 (в части реализации, учета и хранения драгоценных металлов и драгоценных камней или изделий, их содержащих) настоящего Кодекса. (в ред. Федеральных законов от 27.07.2010 N 239-ФЗ, от 30.07.2010 N 242-ФЗ, от 21.07.2011 N 253-ФЗ)
2. Рассматривать дела об административных правонарушениях от имени органов, указанных в части 1 настоящей статьи, вправе:
1) руководитель федерального органа исполнительной власти, осуществляющего функции по контролю и надзору в сфере защиты прав потребителей и потребительского рынка, его заместители;
2) руководители структурных подразделений федерального органа исполнительной власти, осуществляющего функции по контролю и надзору в сфере защиты прав потребителей и потребительского рынка, их заместители;
3) руководители территориальных органов федерального органа исполнительной власти, осуществляющего функции по контролю и надзору в сфере защиты прав потребителей и потребительского рынка, их заместители;
4) руководители структурных подразделений территориальных органов федерального органа исполнительной власти, осуществляющего функции по контролю и надзору в сфере защиты прав потребителей и потребительского рынка, их заместители.
Статья 23.50. Органы, осуществляющие государственный контроль за производством и оборотом этилового спирта, алкогольной и спиртосодержащей продукции
1. Органы, осуществляющие государственный контроль за производством и оборотом этилового спирта, алкогольной и спиртосодержащей продукции, рассматривают дела об административных правонарушениях, предусмотренных частями 2.1 и 3 статьи 14.16, частью 2 статьи 14.17, статьями 14.19, 15.13 настоящего Кодекса. (в ред. Федерального закона от 21.07.2011 N 253-ФЗ)
2. Рассматривать дела об административных правонарушениях от имени органов, указанных в части 1 настоящей статьи, вправе:
1) руководитель федерального органа исполнительной власти, осуществляющего государственный контроль за производством и оборотом этилового спирта, алкогольной и спиртосодержащей продукции, его заместители;
2) руководитель инспекции федерального органа исполнительной власти, осуществляющего государственный контроль за производством и оборотом этилового спирта, алкогольной и спиртосодержащей продукции, его заместители;
3) руководители территориальных органов федерального органа исполнительной власти, осуществляющего государственный контроль за производством и оборотом этилового спирта, алкогольной и спиртосодержащей продукции, в субъектах Российской Федерации, их заместители.
Статья 23.51. Органы, уполномоченные в области государственного регулирования тарифов
(в ред. Федерального закона от 28.12.2009 N 380-ФЗ)
1. Органы, уполномоченные в области государственного регулирования тарифов, рассматривают
дела об административных правонарушениях, предусмотренных частью 10 (в части административных правонарушений, совершаемых организациями, осуществляющими регулируемые виды деятельности) статьи 9.16, статьей 14.6, частью 5 статьи 19.5 и статьей 19.7.1 настоящего Кодекса. (часть 1 в ред. Федерального закона от 27.07.2010 N 239-ФЗ)
2. Рассматривать дела об административных правонарушениях от имени органов, указанных в части 1 настоящей статьи, вправе:
1) руководитель федерального органа исполнительной власти, уполномоченного осуществлять государственное регулирование тарифов, его заместители;
2) руководители структурных подразделений федерального органа исполнительной власти, уполномоченного осуществлять государственное регулирование тарифов, их заместители;
3) руководители органов, уполномоченных осуществлять государственное регулирование тарифов в субъектах Российской Федерации, их заместители.
Статья 23.52. Органы, осуществляющие государственный контроль и надзор за соблюдением обязательных требований к продукции и государственный метрологический надзор
(в ред. Федерального закона от 28.12.2009 N 380-ФЗ)
1. Органы, осуществляющие государственный контроль и надзор за соблюдением обязательных требований к продукции и государственный метрологический надзор, рассматривают дела об административных правонарушениях, предусмотренных статьей 19.19 настоящего Кодекса. (в ред. Федерального закона от 18.07.2011 N 237-ФЗ)
2. Рассматривать дела об административных правонарушениях от имени органов, указанных в части 1 настоящей статьи, вправе:
1) руководитель федерального органа исполнительной власти, осуществляющего государственный контроль и надзор за соблюдением обязательных требований к продукции и государственный метрологический надзор, его заместители;
2) руководители структурных подразделений федерального органа исполнительной власти, осуществляющего государственный контроль и надзор за соблюдением обязательных требований к продукции и государственный метрологический надзор, их заместители;
3) руководители территориальных органов федерального органа исполнительной власти, осуществляющего государственный контроль и надзор за соблюдением обязательных требований к продукции и государственный метрологический надзор, их заместители;
4) руководители структурных подразделений территориальных органов федерального органа исполнительной власти, осуществляющего государственный контроль и надзор за соблюдением обязательных требований к продукции и государственный метрологический надзор, их заместители.
Статья 23.53. Органы государственного статистического учета
1. Федеральный орган исполнительной власти, уполномоченный в области государственного статистического учета, его территориальные органы рассматривают дела об административных правонарушениях, предусмотренных статьей 13.19 настоящего Кодекса.
2. Рассматривать дела об административных правонарушениях от имени органов, указанных в части 1 настоящей статьи, вправе:
1) руководитель федерального органа исполнительной власти, уполномоченного в области государственного статистического учета, его заместители;
2) руководители территориальных органов федерального органа исполнительной власти, уполномоченного в области государственного статистического учета, в субъектах Российской Федерации, их заместители.
Статья 23.54. Органы, осуществляющие федеральный пробирный надзор и государственный контроль за
производством, извлечением, переработкой, использованием, обращением, учетом и хранением драгоценных металлов и драгоценных камней
КонсультантПлюс: примечание. Федеральный пробирный надзор и государственный контроль за производством, извлечением,
переработкой, использованием, обращением, учетом и хранением драгоценных металлов и драгоценных камней осуществляет Российская государственная пробирная палата при Министерстве финансов РФ (Постановление Правительства РФ от 12.12.2005 N 327).
1. Органы, осуществляющие федеральный пробирный надзор и государственный контроль за производством, извлечением, переработкой, использованием, обращением, учетом и хранением драгоценных металлов и драгоценных камней, рассматривают дела об административных правонарушениях, предусмотренных частями 1 - 3 статьи 15.27 (в пределах своих полномочий), статьей 19.14 настоящего Кодекса. (в ред. Федеральных законов от 23.07.2010 N 176-ФЗ, от 08.11.2011 N 308-ФЗ)
2. Рассматривать дела об административных правонарушениях от имени органов, указанных в части 1 настоящей статьи, вправе:
1) руководитель федерального учреждения, осуществляющего федеральный пробирный надзор и государственный контроль за производством, извлечением, переработкой, использованием, обращением, учетом и хранением драгоценных металлов и драгоценных камней, его заместители;
2) руководители государственных инспекций пробирного надзора и руководители других структурных подразделений федерального учреждения, осуществляющего федеральный пробирный надзор и государственный контроль за производством, извлечением, переработкой, использованием, обращением, учетом и хранением драгоценных металлов и драгоценных камней, их заместители на территориях соответствующих районов деятельности.
Статья 23.55. Органы, осуществляющие государственный контроль за использованием и сохранностью жилищного фонда независимо от формы собственности, соблюдением правил содержания общего имущества собственников помещений в многоквартирном доме, соответствием жилых помещений, качества, объема и порядка предоставления коммунальных услуг установленным требованиям
(в ред. Федерального закона от 28.12.2009 N 380-ФЗ)
1. Органы, осуществляющие государственный контроль за использованием и сохранностью жилищного фонда независимо от формы собственности, соблюдением правил содержания общего имущества собственников помещений в многоквартирном доме, соответствием жилых помещений, качества, объема и порядка предоставления коммунальных услуг установленным требованиям, рассматривают дела об административных правонарушениях, предусмотренных статьями 7.21 - 7.23, частью 1 статьи 7.23.1, частями 4 и 5 статьи 9.16 настоящего Кодекса. (в ред. Федеральных законов от 27.07.2010 N 239-ФЗ, от 06.12.2011 N 403-ФЗ)
2. Рассматривать дела об административных правонарушениях от имени органов, указанных в части 1 настоящей статьи, вправе руководители органов исполнительной власти субъектов Российской Федерации, осуществляющих государственный контроль за использованием и сохранностью жилищного фонда независимо от формы собственности, соблюдением правил содержания общего имущества собственников помещений в многоквартирном доме, соответствием жилых помещений, качества, объема и порядка предоставления коммунальных услуг установленным требованиям, их заместители.
Статья 23.56. Органы исполнительной власти, уполномоченные на осуществление государственного строительного надзора
(в ред. Федерального закона от 18.12.2006 N 232-ФЗ)
1. Органы исполнительной власти, уполномоченные на осуществление государственного строительного надзора, рассматривают дела об административных правонарушениях, предусмотренных статьями 9.4, 9.5, частью 3 статьи 9.16 настоящего Кодекса. (в ред. Федерального закона от 23.11.2009 N 261-ФЗ)
2. Рассматривать дела об административных правонарушениях от имени органов, указанных в части 1 настоящей статьи, вправе:
1) руководитель федерального органа исполнительной власти, уполномоченного на осуществление государственного строительного надзора, его заместители;
2) руководители структурных подразделений федерального органа исполнительной власти, уполномоченного на осуществление государственного строительного надзора, их заместители;
3) руководители территориальных органов федерального органа исполнительной власти, уполномоченного на осуществление государственного строительного надзора, их заместители;
4) руководители органов исполнительной власти субъектов Российской Федерации, уполномоченных на осуществление государственного строительного надзора, их заместители;
5) руководители структурных подразделений органов исполнительной власти субъектов Российской Федерации, уполномоченных на осуществление государственного строительного надзора, их заместители.
Статья 23.57. Органы, осуществляющие государственный контроль в области сохранения, использования, популяризации объектов культурного наследия и их государственную охрану
(в ред. Федерального закона от 28.12.2009 N 380-ФЗ)
1. Органы, осуществляющие государственный контроль в области сохранения, использования, популяризации объектов культурного наследия и их государственную охрану, рассматривают дела об административных правонарушениях, предусмотренных статьями 7.13, 7.14, 7.16, 7.33 настоящего Кодекса.
2. Рассматривать дела об административных правонарушениях от имени органов, указанных в части 1 настоящей статьи, вправе:
1) руководитель федерального органа исполнительной власти, осуществляющего государственный контроль в области сохранения, использования, популяризации объектов культурного наследия и их государственную охрану, его заместители;
2) руководители структурных подразделений федерального органа исполнительной власти, осуществляющего государственный контроль в области сохранения, использования, популяризации объектов культурного наследия и их государственную охрану, их заместители;
3) руководители территориальных органов федерального органа исполнительной власти, осуществляющего государственный контроль в области сохранения, использования, популяризации объектов культурного наследия и их государственную охрану, их заместители;
4) руководители органов исполнительной власти субъектов Российской Федерации, осуществляющих государственный контроль в области сохранения, использования, популяризации объектов культурного наследия и их государственную охрану, их заместители.
Статья 23.58. Органы, осуществляющие государственный геодезический надзор, а также государственный контроль в области наименований географических объектов
1. Органы, осуществляющие государственный геодезический надзор, а также государственный контроль в области наименований географических объектов, рассматривают дела об административных правонарушениях, предусмотренных частями 3 и 4 статьи 7.2 (об уничтожении и о повреждении пунктов государственных геодезических сетей, неуведомлении об их уничтожении или повреждении, а также об отказе в предоставлении возможности подъезда (подхода) к ним), статьями 7.25, 7.26, 19.10 настоящего Кодекса.
2. Рассматривать дела об административных правонарушениях от имени органов, указанных в части 1 настоящей статьи, вправе:
1) главный государственный инспектор Российской Федерации по геодезическому надзору за геодезической и картографической деятельностью, его заместители;
2) главные государственные инспектора по геодезическому надзору за геодезической и
картографической деятельностью на соответствующей территории, их заместители. (часть вторая в ред. Федерального закона от 28.12.2009 N 380-ФЗ)
Статья 23.59. Органы регулирования естественных монополий
1. Органы регулирования естественных монополий рассматривают дела об административных правонарушениях, предусмотренных частью 3 статьи 19.5 и статьей 19.8 (в пределах своих полномочий) настоящего Кодекса. (в ред. Федерального закона от 08.05.2006 N 65-ФЗ)
2. Рассматривать дела об административных правонарушениях от имени органов, указанных в части 1 настоящей статьи, вправе:
1) руководитель федерального органа регулирования естественных монополий, его заместители;
2) руководители территориальных органов федерального органа регулирования естественных монополий, их заместители.
Статья 23.60. Органы валютного контроля
1. Органы валютного контроля рассматривают дела об административных правонарушениях, предусмотренных статьей 15.25 настоящего Кодекса.
2. Рассматривать дела об административных правонарушениях от имени органов, указанных в части 1 настоящей статьи, вправе:
1) руководитель федерального органа исполнительной власти, уполномоченного в области валютного контроля, его заместители;
2) руководители структурных подразделений федерального органа исполнительной власти, уполномоченного в области валютного контроля, их заместители;
3) руководители территориальных органов федерального органа исполнительной власти, уполномоченного в области валютного контроля, их заместители. (в ред. Федерального закона от 05.04.2010 N 55-ФЗ)
Статья 23.61. Органы, осуществляющие государственную регистрацию юридических лиц и индивидуальных предпринимателей (в ред. Федерального закона от 08.12.2003 N 169-ФЗ)
1. Органы, осуществляющие государственную регистрацию юридических лиц и индивидуальных предпринимателей, рассматривают дела об административных правонарушениях, предусмотренных частью 3 статьи 14.25 настоящего Кодекса. (в ред. Федерального закона от 08.12.2003 N 169-ФЗ)
2. Рассматривать дела об административных правонарушениях от имени органов, указанных в части 1 настоящей статьи, вправе:
1) руководитель федерального органа исполнительной власти, осуществляющего государственную регистрацию юридических лиц и индивидуальных предпринимателей, его заместители; (в ред. Федерального закона от 08.12.2003 N 169-ФЗ)
2) руководители территориальных органов федерального органа исполнительной власти, осуществляющего государственную регистрацию юридических лиц и индивидуальных предпринимателей. (в ред. Федерального закона от 08.12.2003 N 169-ФЗ)
Статья 23.62. Органы, осуществляющие контроль за исполнением законодательства о противодействии легализации (отмыванию) доходов, полученных преступным путем, и финансированию терроризма
(введена Федеральным законом от 30.10.2002 N 130-ФЗ)
1. Федеральный орган исполнительной власти, уполномоченный принимать меры по противодействию легализации (отмыванию) доходов, полученных преступным путем, и финансированию
терроризма, рассматривает дела об административных правонарушениях, предусмотренных частями 1 - 3 статьи 15.27 (в пределах своих полномочий) настоящего Кодекса. (в ред. Федеральных законов от 23.07.2010 N 176-ФЗ, от 08.11.2011 N 308-ФЗ)
2. Рассматривать дела об административных правонарушениях от имени органа, указанного в части 1 настоящей статьи, вправе:
1) руководитель федерального органа исполнительной власти, уполномоченного принимать меры по противодействию легализации (отмыванию) доходов, полученных преступным путем, и финансированию терроризма, его заместители;
2) руководители территориальных органов федерального органа исполнительной власти, уполномоченного принимать меры по противодействию легализации (отмыванию) доходов, полученных преступным путем, и финансированию терроризма, их заместители.
Статья 23.63. Органы по контролю за оборотом наркотических средств и психотропных веществ
(введена Федеральным законом от 30.06.2003 N 86-ФЗ)
1. Органы по контролю за оборотом наркотических средств и психотропных веществ рассматривают дела об административных правонарушениях, предусмотренных статьями 10.4, 10.5 и частью 3 статьи 20.20 настоящего Кодекса. (в ред. Федеральных законов от 08.12.2003 N 161-ФЗ, от 05.12.2005 N 156-ФЗ)
2. Рассматривать дела об административных правонарушениях от имени органов, указанных в части 1 настоящей статьи, вправе:
1) руководитель федерального органа исполнительной власти по контролю за оборотом наркотических средств и психотропных веществ, его заместители;
2) руководители структурных подразделений федерального органа исполнительной власти по контролю за оборотом наркотических средств и психотропных веществ, их заместители;
3) руководители территориальных органов федерального органа исполнительной власти по контролю за оборотом наркотических средств и психотропных веществ, их заместители;
4) руководители структурных подразделений территориальных органов федерального органа исполнительной власти по контролю за оборотом наркотических средств и психотропных веществ, их заместители. (часть вторая в ред. Федерального закона от 28.12.2009 N 380-ФЗ)
Статья 23.64. Органы, осуществляющие контроль и надзор в области долевого строительства многоквартирных домов и (или) иных объектов недвижимости
(введена Федеральным законом от 30.12.2004 N 214-ФЗ)
1. Органы, осуществляющие контроль и надзор в области долевого строительства многоквартирных домов и (или) иных объектов недвижимости, рассматривают дела об административных правонарушениях, предусмотренных статьей 14.28 и частью 4 статьи 19.5 настоящего Кодекса.
2. Рассматривать дела об административных правонарушениях от имени органов, указанных в части 1 настоящей статьи, вправе руководители органов исполнительной власти субъектов Российской Федерации, уполномоченных осуществлять контроль и надзор в области долевого строительства многоквартирных домов и (или) иных объектов недвижимости, заместители руководителей. (часть вторая в ред. Федерального закона от 18.07.2006 N 111-ФЗ)
Статья 23.65. Федеральный орган исполнительной власти, уполномоченный на осуществление функций по контролю и надзору за деятельностью бюро кредитных историй
(введена Федеральным законом от 30.12.2004 N 219-ФЗ (ред. 21.03.2005))
1. Федеральный орган исполнительной власти, уполномоченный на осуществление функций по
контролю и надзору за деятельностью бюро кредитных историй, рассматривает дела об административных правонарушениях, предусмотренных статьями 5.53 - 5.55, 14.29 и 14.30 настоящего Кодекса.
2. Рассматривать дела об административных правонарушениях от имени органа, указанного в части 1 настоящей статьи, вправе:
1) руководитель указанного органа и его заместители;
2) руководители территориальных органов указанного органа и их заместители. (в ред. Федерального закона от 28.12.2009 N 380-ФЗ)
Статья 23.66. Органы исполнительной власти, уполномоченные на осуществление контроля в сфере размещения заказов на поставки товаров, выполнение работ, оказание услуг для нужд заказчиков в соответствии с законодательством Российской Федерации о размещении заказов на поставки товаров, выполнение работ, оказание услуг для государственных и муниципальных нужд (в ред. Федерального закона от 08.05.2010 N 83-ФЗ)
(в ред. Федерального закона от 24.07.2007 N 218-ФЗ)
1. Органы исполнительной власти, уполномоченные на осуществление контроля в сфере размещения заказов на поставки товаров, выполнение работ, оказание услуг для нужд заказчиков, рассматривают дела об административных правонарушениях, предусмотренных статьями 7.29, 7.30, частями 1 и 3 статьи 7.31, статьями 7.31.1, 7.32, частью 11 (за исключением сферы государственного оборонного заказа и сферы государственной тайны) статьи 9.16, частью 7 статьи 19.5, статьями 19.7.2, 19.7.4 настоящего Кодекса. (в ред. Федеральных законов от 17.07.2009 N 160-ФЗ, от 23.11.2009 N 261-ФЗ, от 08.05.2010 N 83-ФЗ)
2. Рассматривать дела об административных правонарушениях от имени органов, указанных в части 1 настоящей статьи, вправе:
1) руководитель федерального органа исполнительной власти, уполномоченного на осуществление контроля в сфере размещения заказов на поставки товаров, выполнение работ, оказание услуг для нужд заказчиков, и его заместители; (в ред. Федерального закона от 08.05.2010 N 83-ФЗ)
2) руководители структурных подразделений федерального органа исполнительной власти, уполномоченного на осуществление контроля в сфере размещения заказов на поставки товаров, выполнение работ, оказание услуг для нужд заказчиков, и их заместители; (в ред. Федерального закона от 08.05.2010 N 83-ФЗ)
3) руководители территориальных органов указанного в пункте 2 настоящей части органа и их заместители;
4) руководители органов исполнительной власти субъектов Российской Федерации, уполномоченных на осуществление контроля в сфере размещения заказов для нужд заказчиков, и их заместители; (в ред. Федерального закона от 08.05.2010 N 83-ФЗ)
5) руководители структурных подразделений органов исполнительной власти субъектов Российской Федерации, уполномоченных на осуществление контроля в сфере размещения заказов на поставки товаров, выполнение работ, оказание услуг для нужд заказчиков, и их заместители. (в ред. Федерального закона от 08.05.2010 N 83-ФЗ)
Статья 23.67. Органы, уполномоченные на осуществление функций по контролю и надзору в сфере миграции
(введена Федеральным законом от 18.07.2006 N 121-ФЗ)
1. Органы, уполномоченные на осуществление функций по контролю и надзору в сфере миграции, рассматривают дела об административных правонарушениях, предусмотренных статьями 18.8 - 18.10, 18.15 - 18.17, 19.15 - 19.18, 19.27 настоящего Кодекса. (в ред. Федерального закона от 05.11.2006 N 189-ФЗ)
2. Рассматривать дела об административных правонарушениях от имени органов, указанных в части 1 настоящей статьи, вправе:
1) руководитель федерального органа исполнительной власти, уполномоченного на осуществление функций по контролю и надзору в сфере миграции, его заместители;
2) руководители территориальных органов указанного федерального органа исполнительной власти, их заместители;
3) руководители структурных подразделений территориальных органов указанного федерального органа исполнительной власти, их заместители. (часть вторая в ред. Федерального закона от 05.11.2006 N 189-ФЗ)
Статья 23.68. Федеральный орган исполнительной власти, уполномоченный на осуществление функций по принудительному исполнению исполнительных документов и обеспечению установленного порядка деятельности судов
(в ред. Федерального закона от 18.07.2011 N 225-ФЗ)
1. Федеральный орган исполнительной власти, уполномоченный на осуществление функций по принудительному исполнению исполнительных документов и обеспечению установленного порядка деятельности судов, рассматривает дела об административных правонарушениях, предусмотренных статьями 13.26, 17.8.1, частями 1 и 3 статьи 17.14, статьей 17.15 настоящего Кодекса. (в ред. Федерального закона от 06.12.2011 N 410-ФЗ)
2. Рассматривать дела об административных правонарушениях от имени органа, указанного в части 1 настоящей статьи, вправе:
1) руководитель федерального органа исполнительной власти, уполномоченного на осуществление функций по принудительному исполнению исполнительных документов и обеспечению установленного порядка деятельности судов, его заместители;
2) руководители территориальных органов указанного федерального органа исполнительной власти, их заместители;
3) руководители структурных подразделений территориальных органов указанного федерального органа исполнительной власти, их заместители.
Статья 23.69. Федеральный орган исполнительной власти, уполномоченный на осуществление государственного контроля (надзора) за деятельностью саморегулируемых организаций в области инженерных изысканий, архитектурно-строительного проектирования, строительства, реконструкции, капитального ремонта объектов капитального строительства
(введена Федеральным законом от 22.07.2008 N 148-ФЗ)
1. Федеральный орган исполнительной власти, уполномоченный на осуществление государственного контроля (надзора) за деятельностью саморегулируемых организаций в области инженерных изысканий, архитектурно-строительного проектирования, строительства, реконструкции, капитального ремонта объектов капитального строительства, рассматривает дела об административных правонарушениях, предусмотренных статьей 9.5.1 настоящего Кодекса.
2. Рассматривать дела об административных правонарушениях от имени органа, указанного в части 1 настоящей статьи, вправе:
1) руководитель федерального органа исполнительной власти, уполномоченного на осуществление государственного контроля (надзора) за деятельностью саморегулируемых организаций в области инженерных изысканий, архитектурно-строительного проектирования, строительства, реконструкции, капитального ремонта объектов капитального строительства, его заместители;
2) руководители структурных подразделений указанного федерального органа исполнительной власти;
3) руководители территориальных органов указанного федерального органа исполнительной власти, их заместители.
Статья 23.70. Органы, осуществляющие государственный контроль за соблюдением стандартов раскрытия информации субъектами естественных монополий и организациями коммунального комплекса
(введена Федеральным законом от 25.12.2008 N 281-ФЗ)
1. Осуществляющие государственный контроль за соблюдением стандартов раскрытия информации субъектами естественных монополий и организациями коммунального комплекса федеральные органы исполнительной власти и органы исполнительной власти субъектов Российской Федерации рассматривают дела об административных правонарушениях, предусмотренных частью 1 статьи 19.8.1 настоящего Кодекса.
2. Рассматривать дела об административных правонарушениях от имени органов, указанных в настоящей статье, вправе руководители осуществляющих государственный контроль за соблюдением стандартов раскрытия информации субъектами естественных монополий и организациями коммунального комплекса федеральных органов исполнительной власти и органов исполнительной власти субъектов Российской Федерации, их заместители.
Статья 23.71. Федеральный орган исполнительной власти, уполномоченный на осуществление государственного контроля за деятельностью саморегулируемых организаций в области энергетического обследования
(введена Федеральным законом от 23.11.2009 N 261-ФЗ)
1. Федеральный орган исполнительной власти, уполномоченный на осуществление государственного контроля за деятельностью саморегулируемых организацией в области энергетического обследования, рассматривает дела об административных правонарушениях, предусмотренных частью 9 статьи 9.16 настоящего Кодекса.
2. Рассматривать дела об административных правонарушениях от имени органа, указанного в части 1 настоящей статьи, вправе:
1) руководитель указанного органа и его заместители;
2) руководители структурных подразделений указанного органа и их заместители.
Статья 23.72. Орган, осуществляющий контроль и надзор в сфере страховой деятельности
(введена Федеральным законом от 23.07.2010 N 176-ФЗ)
1. Федеральный орган исполнительной власти, осуществляющий функции по контролю и надзору в сфере страховой деятельности (страхового дела), рассматривает дела об административных правонарушениях, предусмотренных частями 1 - 3 статьи 15.27 (в пределах своих полномочий) настоящего Кодекса. (в ред. Федерального закона от 08.11.2011 N 308-ФЗ)
2. Рассматривать дела об административных правонарушениях от имени органа, указанного в части 1 настоящей статьи, вправе:
1) руководитель федерального органа исполнительной власти, осуществляющего функции по контролю и надзору в сфере страховой деятельности (страхового дела), его заместители;
2) руководители территориальных органов федерального органа исполнительной власти, осуществляющего функции по контролю и надзору в сфере страховой деятельности (страхового дела), их заместители.
Статья 23.73. Орган, осуществляющий контроль и надзор в сфере кредитной кооперации
(введена Федеральным законом от 23.07.2010 N 176-ФЗ)
1. Федеральный орган исполнительной власти, уполномоченный на осуществление функций по контролю и надзору в сфере кредитной кооперации, рассматривает дела об административных правонарушениях, предусмотренных частями 1 - 3 статьи 15.27 (в пределах своих полномочий) настоящего Кодекса. (в ред. Федерального закона от 08.11.2011 N 308-ФЗ)
2. Рассматривать дела об административных правонарушениях от имени органа, указанного в части 1 настоящей статьи, вправе:
1) руководитель федерального органа исполнительной власти, уполномоченного на осуществление функций по контролю и надзору в сфере кредитной кооперации, его заместители;
2) руководители территориальных органов федерального органа исполнительной власти, уполномоченного на осуществление функций по контролю и надзору в сфере кредитной кооперации, их заместители.
Статья 23.74. Орган банковского надзора
(введена Федеральным законом от 23.07.2010 N 176-ФЗ)
1. Орган банковского надзора в пределах своих полномочий рассматривает дела об административных правонарушениях, предусмотренных частями 1 - 3 статьи 15.27 (в пределах своих полномочий) настоящего Кодекса. (в ред. Федерального закона от 08.11.2011 N 308-ФЗ)
2. Рассматривать дела об административных правонарушениях от имени органа, указанного в части 1 настоящей статьи, вправе Председатель Центрального банка Российской Федерации, его заместители, руководитель территориального учреждения Центрального банка Российской Федерации, его заместители.
Статья 23.75. Федеральный орган исполнительной власти, осуществляющий функции по контролю и надзору в сфере микрофинансовой деятельности
(введена Федеральным законом от 05.07.2010 N 153-ФЗ)
1. Федеральный орган исполнительной власти, осуществляющий функции по контролю и надзору в сфере микрофинансовой деятельности, рассматривает дела об административных правонарушениях, предусмотренных статьей 15.26.1, частями 1 - 3 статьи 15.27 (в пределах своих полномочий) настоящего Кодекса. (в ред. Федерального закона от 08.11.2011 N 308-ФЗ)
2. Рассматривать дела об административных правонарушениях от имени органа, указанного в части 1 настоящей статьи, вправе:
1) руководитель указанного органа и его заместители;
2) руководители структурных подразделений указанного органа и их заместители.
Статья 23.76. Федеральный орган исполнительной власти, уполномоченный на осуществление функций по надзору и контролю за целевым использованием объектов по хранению химического оружия и объектов по уничтожению химического оружия
(введена Федеральным законом от 08.12.2010 N 347-ФЗ)
1. Федеральный орган исполнительной власти, уполномоченный на осуществление функций по надзору и контролю за целевым использованием объектов по хранению химического оружия и объектов по уничтожению химического оружия, рассматривает дела об административных правонарушениях, предусмотренных статьей 9.20 настоящего Кодекса.
2. Рассматривать дела об административных правонарушениях от имени органа, указанного в части 1 настоящей статьи, вправе:
1) руководитель федерального органа исполнительной власти, уполномоченного на осуществление функций по надзору и контролю за целевым использованием объектов по хранению химического оружия и объектов по уничтожению химического оружия, его заместители;
2) руководители структурных подразделений федерального органа исполнительной власти, уполномоченного на осуществление функций по надзору и контролю за целевым использованием объектов по хранению химического оружия и объектов по уничтожению химического оружия, их заместители.
Статья 23.77. Военная автомобильная инспекция
(введена Федеральным законом от 11.07.2011 N 207-ФЗ)
1. Должностные лица военной автомобильной инспекции рассматривают дела об административных правонарушениях, предусмотренных статьями 8.22, 8.23, 12.1, частями 1 - 3 статьи 12.2, частями 1, 2, 3 статьи 12.3 (за исключением случаев управления транспортным средством водителем, не имеющим при себе лицензионной карточки), частью 3 статьи 12.4 (за исключением случаев незаконного нанесения цветографической схемы легкового такси), частями 1 и 2 статьи 12.5, статьей 12.6, частями 1 и 3 статьи 12.7, статьей 12.12 (за исключением случаев проезда на запрещающий сигнал светофора или невыполнения требования Правил дорожного движения об остановке перед стоп-линией, обозначенной дорожными знаками или разметкой проезжей части дороги, при запрещающем сигнале светофора), статьями 12.21, 12.23, частью 3 статьи 12.25, статьями 12.31, 12.32, 12.37, статьей 19.22 (в части регистрации автомототранспортных средств с рабочим объемом двигателя более пятидесяти кубических сантиметров, имеющих максимальную конструктивную скорость более пятидесяти километров в час, и прицепов к ним, предназначенных для движения по автомобильным дорогам общего пользования) настоящего Кодекса, в отношении должностного лица воинской части, ответственного за техническое состояние и эксплуатацию транспортных средств, и водителя транспортного средства Вооруженных Сил Российской Федерации, внутренних войск Министерства внутренних дел Российской Федерации, инженерно-технических, дорожно-строительных воинских формирований при федеральных органах исполнительной власти или спасательных воинских формирований федерального органа исполнительной власти, уполномоченного на решение задач в области гражданской обороны.
2. Рассматривать дела об административных правонарушениях от имени военной автомобильной инспекции в отношении должностного лица воинской части, ответственного за техническое состояние и эксплуатацию транспортных средств, и водителя транспортного средства Вооруженных Сил Российской Федерации, внутренних войск Министерства внутренних дел Российской Федерации, инженерно-технических, дорожно-строительных воинских формирований при федеральных органах исполнительной власти или спасательных воинских формирований федерального органа исполнительной власти, уполномоченного на решение задач в области гражданской обороны, вправе:
1) начальник Военной автомобильной инспекции Министерства обороны Российской Федерации, его заместитель, начальник военной автомобильной инспекции (региональной), его заместитель, начальник 100-й военной автомобильной инспекции (территориальной, города Москвы), его заместитель, начальник военной автомобильной инспекции автобронетанкового управления Главного командования внутренних войск Министерства внутренних дел Российской Федерации, его заместитель, начальник военной автомобильной инспекции регионального командования внутренних войск Министерства внутренних дел Российской Федерации, его заместитель, начальник 92-й военной автомобильной инспекции федерального органа исполнительной власти, уполномоченного на решение задач в области гражданской обороны, его заместитель, начальник военной автомобильной инспекции федерального органа исполнительной власти, уполномоченного в области специального строительства, - об административных правонарушениях, предусмотренных статьями 8.22, 8.23, 12.1, частями 1 - 3 статьи 12.2, частями 1, 2, 3 статьи 12.3 (за исключением случаев управления транспортным средством водителем, не имеющим при себе лицензионной карточки), частью 3 статьи 12.4 (за исключением случаев незаконного нанесения цветографической схемы легкового такси), частями 1 и 2 статьи 12.5, статьей 12.6, частями 1 и 3 статьи 12.7, статьей 12.12 (за исключением случаев проезда на запрещающий сигнал светофора или невыполнения требования Правил дорожного движения об остановке перед стоп-линией, обозначенной дорожными знаками или разметкой проезжей части дороги, при запрещающем сигнале светофора), статьями 12.21, 12.23, частью 3 статьи 12.25, статьями 12.31, 12.32, 12.37, статьей 19.22 (в части регистрации автомототранспортных средств с рабочим объемом двигателя более пятидесяти кубических сантиметров, имеющих максимальную конструктивную скорость более пятидесяти километров в час, и прицепов к ним, предназначенных для движения по автомобильным дорогам общего пользования) настоящего Кодекса;
2) начальник военной автомобильной инспекции (территориальной), его заместитель, начальник военной автомобильной инспекции соединения внутренних войск Министерства внутренних дел Российской Федерации, его заместитель - об административных правонарушениях, предусмотренных статьей 12.1, частями 1 и 2 статьи 12.2, частями 1, 2, 3 статьи 12.3 (за исключением случаев управления транспортным средством водителем, не имеющим при себе лицензионной карточки), частью 1 статьи 12.5, статьей 12.6, статьей 12.12 (за исключением случаев проезда на запрещающий сигнал светофора или невыполнения требования Правил дорожного движения об остановке перед стоп-линией, обозначенной дорожными
знаками или разметкой проезжей части дороги, при запрещающем сигнале светофора), статьями 12.21, 12.23, частью 3 статьи 12.25, статьями 12.31, 12.32, частью 1 статьи 12.37, статьей 19.22 (в части регистрации автомототранспортных средств с рабочим объемом двигателя более пятидесяти кубических сантиметров, имеющих максимальную конструктивную скорость более пятидесяти километров в час, и прицепов к ним, предназначенных для движения по автомобильным дорогам общего пользования) настоящего Кодекса.
Статья 23.78. Федеральный орган исполнительной власти, уполномоченный на выполнение функций по контролю за осуществлением иностранных инвестиций в Российской Федерации
(введена Федеральным законом от 06.12.2011 N 404-ФЗ)
1. Федеральный орган исполнительной власти, уполномоченный на выполнение функций по контролю за осуществлением иностранных инвестиций в Российской Федерации, рассматривает дела об административных правонарушениях, предусмотренных статьей 19.8.2 настоящего Кодекса.
2. Рассматривать дела об административных правонарушениях от имени органа, указанного в части 1 настоящей статьи, вправе руководитель федерального органа исполнительной власти, уполномоченного на выполнение функций по контролю за осуществлением иностранных инвестиций в Российской Федерации, его заместители.
Раздел IV. ПРОИЗВОДСТВО ПО ДЕЛАМ ОБ АДМИНИСТРАТИВНЫХ ПРАВОНАРУШЕНИЯХ
Глава 24. ОБЩИЕ ПОЛОЖЕНИЯ
Статья 24.1. Задачи производства по делам об административных правонарушениях
Задачами производства по делам об административных правонарушениях являются всестороннее, полное, объективное и своевременное выяснение обстоятельств каждого дела, разрешение его в соответствии с законом, обеспечение исполнения вынесенного постановления, а также выявление причин и условий, способствовавших совершению административных правонарушений.
Статья 24.2. Язык, на котором ведется производство по делам об административных правонарушениях
1. Производство по делам об административных правонарушениях ведется на русском языке - государственном языке Российской Федерации. Наряду с государственным языком Российской Федерации производство по делам об административных правонарушениях может вестись на государственном языке республики, на территории которой находятся судья, орган, должностное лицо, уполномоченные рассматривать дела об административных правонарушениях.
2. Лицам, участвующим в производстве по делу об административном правонарушении и не владеющим языком, на котором ведется производство по делу, обеспечивается право выступать и давать объяснения, заявлять ходатайства и отводы, приносить жалобы на родном языке либо на другом свободно избранном указанными лицами языке общения, а также пользоваться услугами переводчика.
Статья 24.3. Открытое рассмотрение дел об административных правонарушениях
1. Дела об административных правонарушениях подлежат открытому рассмотрению, за исключением случаев, предусмотренных частью 3 статьи 28.6 настоящего Кодекса, либо случаев, если это может привести к разглашению государственной, военной, коммерческой или иной охраняемой законом тайны, а равно в случаях, если этого требуют интересы обеспечения безопасности лиц, участвующих в производстве по делу об административном правонарушении, членов их семей, их близких, а также защиты чести и достоинства указанных лиц. (в ред. Федерального закона от 24.07.2007 N 210-ФЗ)
2. Решение о закрытом рассмотрении дела об административном правонарушении выносится судьей, органом, должностным лицом, рассматривающими дело, в виде определения.
3. Лица, участвующие в производстве по делу об административном правонарушении, и граждане, присутствующие при открытом рассмотрении дела об административном правонарушении, имеют право в письменной форме, а также с помощью средств аудиозаписи фиксировать ход рассмотрения дела об
административном правонарушении. Фотосъемка, видеозапись, трансляция открытого рассмотрения дела об административном правонарушении по радио и телевидению допускаются с разрешения судьи, органа, должностного лица, рассматривающих дело об административном правонарушении. (часть третья введена Федеральным законом от 01.12.2007 N 304-ФЗ)
Статья 24.4. Ходатайства
1. Лица, участвующие в производстве по делу об административном правонарушении, имеют право заявлять ходатайства, подлежащие обязательному рассмотрению судьей, органом, должностным лицом, в производстве которых находится данное дело.
2. Ходатайство заявляется в письменной форме и подлежит немедленному рассмотрению. Решение об отказе в удовлетворении ходатайства выносится судьей, органом, должностным лицом, в производстве которых находится дело об административном правонарушении, в виде определения.
Статья 24.5. Обстоятельства, исключающие производство по делу об административном правонарушении
1. Производство по делу об административном правонарушении не может быть начато, а начатое производство подлежит прекращению при наличии хотя бы одного из следующих обстоятельств: (в ред. Федерального закона от 04.12.2006 N 203-ФЗ)
Пункт 1 части 1 статьи 24.5 подлежит применению в соответствии с конституционно-правовым смыслом, выявленным в Постановлении Конституционного Суда РФ от 16.06.2009 N 9-П.
1) отсутствие события административного правонарушения;
Пункт 2 части 1 статьи 24.5 подлежит применению в соответствии с конституционно-правовым смыслом, выявленным в Постановлении Конституционного Суда РФ от 16.06.2009 N 9-П.
2) отсутствие состава административного правонарушения, в том числе недостижение физическим лицом на момент совершения противоправных действии (бездействия) возраста, предусмотренного настоящим Кодексом для привлечения к административной ответственности, или невменяемость физического лица, совершившего противоправные действия (бездействие);
3) действия лица в состоянии крайней необходимости;
4) издание акта амнистии, если такой акт устраняет применение административного наказания;
5) отмена закона, установившего административную ответственность;
Постановлением Конституционного Суда РФ от 16.06.2009 N 9-П положение пункта 6 части 1 статьи 24.5, согласно которому начатое производство по делу об административном правонарушении подлежит прекращению вследствие истечения сроков давности привлечения к административной ответственности, признано не противоречащим Конституции РФ, поскольку названное положение по своему конституционно-правовому смыслу в системе действующего правового регулирования не предполагает возможность отказа в таких случаях от оценки обоснованности выводов юрисдикционного органа о наличии в действиях лица состава административного правонарушения.
6) истечение сроков давности привлечения к административной ответственности;
7) наличие по одному и тому же факту совершения противоправных действий (бездействия) лицом, в отношении которого ведется производство по делу об административном правонарушении, постановления о назначении административного наказания, либо постановления о прекращении производства по делу об административном правонарушении, либо постановления о возбуждении уголовного дела;
8) смерть физического лица, в отношении которого ведется производство по делу об административном правонарушении.
2. В случае, когда административное правонарушение совершено лицом, указанным в части 1 статьи 2.5 настоящего Кодекса, за исключением случаев, когда за такое административное правонарушение это лицо несет административную ответственность на общих основаниях, производство по делу об
административном правонарушении после выяснения всех обстоятельств совершения административного правонарушения подлежит прекращению для привлечения указанного лица к дисциплинарной ответственности. (часть вторая введена Федеральным законом от 04.12.2006 N 203-ФЗ)
Статья 24.6. Прокурорский надзор
Генеральный прокурор Российской Федерации и назначаемые им прокуроры осуществляют в пределах своей компетенции надзор за соблюдением Конституции Российской Федерации и исполнением действующих на территории Российской Федерации законов при производстве по делам об административных правонарушениях, за исключением дел, находящихся в производстве суда.
Статья 24.7. Издержки по делу об административном правонарушении
1. Издержки по делу об административном правонарушении состоят из:
1) сумм, выплачиваемых свидетелям, потерпевшим, их законным представителям, понятым, специалистам, экспертам, переводчикам, в том числе выплачиваемых на покрытие расходов на проезд, наем жилого помещения и дополнительных расходов, связанных с проживанием вне места постоянного жительства (суточных); (в ред. Федеральных законов от 29.04.2006 N 57-ФЗ, от 09.03.2010 N 20-ФЗ)
2) сумм, израсходованных на хранение, перевозку (пересылку) и исследование вещественных доказательств, орудия совершения или предмета административного правонарушения. (в ред. Федерального закона от 11.07.2011 N 198-ФЗ)
2. Издержки по делу об административном правонарушении, совершенном физическим лицом и предусмотренном настоящим Кодексом, относятся на счет федерального бюджета, а издержки по делу об административном правонарушении, совершенном физическим лицом и предусмотренном законом субъекта Российской Федерации, - на счет бюджета соответствующего субъекта Российской Федерации.
3. Издержки по делу об административном правонарушении, совершенном юридическим лицом, относятся на счет указанного юридического лица, за исключением сумм, выплаченных переводчику. Суммы, выплаченные переводчику в связи с рассмотрением дела об административном правонарушении, совершенном юридическим лицом и предусмотренном настоящим Кодексом, относятся на счет федерального бюджета, а издержки по делу об административном правонарушении, совершенном юридическим лицом и предусмотренном законом субъекта Российской Федерации, - на счет бюджета соответствующего субъекта Российской Федерации.
В случае прекращения производства по делу об административном правонарушении, совершенном юридическим лицом и предусмотренном настоящим Кодексом, издержки по делу об административном правонарушении относятся на счет федерального бюджета, а в случае прекращения производства по делу об административном правонарушении, совершенном юридическим лицом и предусмотренном законом субъекта Российской Федерации, - на счет бюджета соответствующего субъекта Российской Федерации.
4. Размер издержек по делу об административном правонарушении определяется на основании приобщенных к делу документов, подтверждающих наличие и размеры отнесенных к издержкам затрат.
Решение об издержках по делу об административном правонарушении отражается в постановлении о назначении административного наказания или в постановлении о прекращении производства по делу об административном правонарушении.
Глава 25. УЧАСТНИКИ ПРОИЗВОДСТВА ПО ДЕЛАМ ОБ АДМИНИСТРАТИВНЫХ ПРАВОНАРУШЕНИЯХ,
ИХ ПРАВА И ОБЯЗАННОСТИ
Статья 25.1. Лицо, в отношении которого ведется производство по делу об административном правонарушении
1. Лицо, в отношении которого ведется производство по делу об административном правонарушении, вправе знакомиться со всеми материалами дела, давать объяснения, представлять доказательства, заявлять ходатайства и отводы, пользоваться юридической помощью защитника, а также иными процессуальными правами в соответствии с настоящим Кодексом.
По вопросу, касающемуся применения судами части 2 статьи 25.1 КоАП РФ, см. Обзор законодательства и судебной практики Верховного Суда РФ за первый квартал 2007 года.
2. Дело об административном правонарушении рассматривается с участием лица, в отношении которого ведется производство по делу об административном правонарушении. В отсутствие указанного лица дело может быть рассмотрено лишь в случаях, предусмотренных частью 3 статьи 28.6 настоящего Кодекса, либо если имеются данные о надлежащем извещении лица о месте и времени рассмотрения дела и если от лица не поступило ходатайство об отложении рассмотрения дела либо если такое ходатайство оставлено без удовлетворения. (в ред. Федерального закона от 24.07.2007 N 210-ФЗ)
3. Судья, орган, должностное лицо, рассматривающие дело об административном правонарушении, вправе признать обязательным присутствие при рассмотрении дела лица, в отношении которого ведется производство по делу.
При рассмотрении дела об административном правонарушении, влекущем административный арест или административное выдворение за пределы Российской Федерации иностранного гражданина либо лица без гражданства, присутствие лица, в отношении которого ведется производство по делу, является обязательным.
4. Несовершеннолетнее лицо, в отношении которого ведется производство по делу об административном правонарушении, может быть удалено на время рассмотрения обстоятельств дела, обсуждение которых может оказать отрицательное влияние на указанное лицо.
Статья 25.2. Потерпевший
1. Потерпевшим является физическое лицо или юридическое лицо, которым административным правонарушением причинен физический, имущественный или моральный вред.
2. Потерпевший вправе знакомиться со всеми материалами дела об административном правонарушении, давать объяснения, представлять доказательства, заявлять ходатайства и отводы, пользоваться юридической помощью представителя, обжаловать постановление по данному делу, пользоваться иными процессуальными правами в соответствии с настоящим Кодексом.
3. Дело об административном правонарушении рассматривается с участием потерпевшего. В его отсутствие дело может быть рассмотрено лишь в случаях, если имеются данные о надлежащем извещении потерпевшего о месте и времени рассмотрения дела и если от потерпевшего не поступило ходатайство об отложении рассмотрения дела либо если такое ходатайство оставлено без удовлетворения.
4. Потерпевший может быть опрошен в соответствии со статьей 25.6 настоящего Кодекса.
Статья 25.3. Законные представители физического лица
1. Защиту прав и законных интересов физического лица, в отношении которого ведется производство по делу об административном правонарушении, или потерпевшего, являющихся несовершеннолетними либо по своему физическому или психическому состоянию лишенных возможности самостоятельно реализовать свои права, осуществляют их законные представители.
2. Законными представителями физического лица являются его родители, усыновители, опекуны или попечители.
3. Родственные связи или соответствующие полномочия лиц, являющихся законными представителями физического лица, удостоверяются документами, предусмотренными законом.
4. Законные представители физического лица, в отношении которого ведется производство по делу об административном правонарушении, и потерпевшего имеют права и несут обязанности, предусмотренные настоящим Кодексом в отношении представляемых ими лиц.
5. При рассмотрении дела об административном правонарушении, совершенном лицом в возрасте до восемнадцати лет, судья, орган, должностное лицо, рассматривающие дело об административном правонарушении, вправе признать обязательным присутствие законного представителя указанного лица.
Статья 25.4. Законные представители юридического лица
1. Защиту прав и законных интересов юридического лица, в отношении которого ведется производство по делу об административном правонарушении, или юридического лица, являющегося потерпевшим, осуществляют его законные представители.
2. Законными представителями юридического лица в соответствии с настоящим Кодексом являются его руководитель, а также иное лицо, признанное в соответствии с законом или учредительными документами органом юридического лица. Полномочия законного представителя юридического лица подтверждаются документами, удостоверяющими его служебное положение.
3. Дело об административном правонарушении, совершенном юридическим лицом, рассматривается с участием его законного представителя или защитника. В отсутствие указанных лиц дело может быть рассмотрено лишь в случаях, предусмотренных частью 3 статьи 28.6 настоящего Кодекса, или если имеются данные о надлежащем извещении лиц о месте и времени рассмотрения дела и если от них не поступило ходатайство об отложении рассмотрения дела либо если такое ходатайство оставлено без удовлетворения. (в ред. Федеральных законов от 29.04.2006 N 57-ФЗ, от 23.07.2010 N 175-ФЗ)
4. При рассмотрении дела об административном правонарушении, совершенном юридическим лицом, судья, орган, должностное лицо, в производстве которых находится дело об административном правонарушении, вправе признать обязательным присутствие законного представителя юридического лица.
Статья 25.5. Защитник и представитель
1. Для оказания юридической помощи лицу, в отношении которого ведется производство по делу об административном правонарушении, в производстве по делу об административном правонарушении может участвовать защитник, а для оказания юридической помощи потерпевшему - представитель.
2. В качестве защитника или представителя к участию в производстве по делу об административном правонарушении допускается адвокат или иное лицо.
3. Полномочия адвоката удостоверяются ордером, выданным соответствующим адвокатским образованием. Полномочия иного лица, оказывающего юридическую помощь, удостоверяются доверенностью, оформленной в соответствии с законом. (в ред. Федерального закона от 31.12.2002 N 187-ФЗ)
4. Защитник и представитель допускаются к участию в производстве по делу об административном правонарушении с момента возбуждения дела об административном правонарушении. (в ред. Федерального закона от 27.11.2007 N 273-ФЗ)
5. Защитник и представитель, допущенные к участию в производстве по делу об административном правонарушении, вправе знакомиться со всеми материалами дела, представлять доказательства, заявлять ходатайства и отводы, участвовать в рассмотрении дела, обжаловать применение мер обеспечения производства по делу, постановление по делу, пользоваться иными процессуальными правами в соответствии с настоящим Кодексом.
Статья 25.6. Свидетель
1. В качестве свидетеля по делу об административном правонарушении может быть вызвано лицо, которому могут быть известны обстоятельства дела, подлежащие установлению.
2. Свидетель обязан явиться по вызову судьи, органа, должностного лица, в производстве которых находится дело об административном правонарушении, и дать правдивые показания: сообщить все известное ему по делу, ответить на поставленные вопросы и удостоверить своей подписью в соответствующем протоколе правильность занесения его показаний.
3. Свидетель вправе:
1) не свидетельствовать против себя самого, своего супруга и близких родственников;
2) давать показания на родном языке или на языке, которым владеет;
3) пользоваться бесплатной помощью переводчика;
4) делать замечания по поводу правильности занесения его показаний в протокол.
4. При опросе несовершеннолетнего свидетеля, не достигшего возраста четырнадцати лет, обязательно присутствие педагога или психолога. В случае необходимости опрос проводится в присутствии законного представителя несовершеннолетнего свидетеля.
5. Свидетель предупреждается об административной ответственности за дачу заведомо ложных показаний.
6. За отказ или за уклонение от исполнения обязанностей, предусмотренных частью 2 настоящей статьи, свидетель несет административную ответственность, предусмотренную настоящим Кодексом.
Примечание. В настоящей статье под близкими родственниками понимаются родители, дети, усыновители, усыновленные, родные братья и сестры, дедушка, бабушка, внуки.
Статья 25.7. Понятой
1. В случаях, предусмотренных настоящим Кодексом, должностным лицом, в производстве которого находится дело об административном правонарушении, в качестве понятого может быть привлечено любое не заинтересованное в исходе дела совершеннолетнее лицо. Число понятых должно быть не менее двух.
2. Присутствие понятых обязательно в случаях, предусмотренных главой 27 настоящего Кодекса. Понятой удостоверяет в протоколе своей подписью факт совершения в его присутствии процессуальных действий, их содержание и результаты.
3. Об участии понятых в производстве по делу об административном правонарушении делается запись в протоколе.
4. Понятой вправе делать замечания по поводу совершаемых процессуальных действий. Замечания понятого подлежат занесению в протокол.
5. В случае необходимости понятой может быть опрошен в качестве свидетеля в соответствии со статьей 25.6 настоящего Кодекса.
Статья 25.8. Специалист
1. В качестве специалиста для участия в производстве по делу об административном правонарушении может быть привлечено любое не заинтересованное в исходе дела совершеннолетнее лицо, обладающее познаниями, необходимыми для оказания содействия в обнаружении, закреплении и изъятии доказательств, а также в применении технических средств.
2. Специалист обязан:
1) явиться по вызову судьи, органа, должностного лица, в производстве которых находится дело об административном правонарушении;
2) участвовать в проведении действий, требующих специальных познаний, в целях обнаружения, закрепления и изъятия доказательств, давать пояснения по поводу совершаемых им действий;
3) удостоверить своей подписью факт совершения указанных действий, их содержание и результаты.
3. Специалист предупреждается об административной ответственности за дачу заведомо ложных пояснений.
4. Специалист вправе:
1) знакомиться с материалами дела об административном правонарушении, относящимися к предмету действий, совершаемых с его участием;
2) с разрешения судьи, должностного лица, лица, председательствующего в заседании коллегиального органа, в производстве которых находится дело об административном правонарушении,
задавать вопросы, относящиеся к предмету соответствующих действий, лицу, в отношении которого ведется производство по делу, потерпевшему и свидетелям;
3) делать заявления и замечания по поводу совершаемых им действий. Заявления и замечания подлежат занесению в протокол.
5. За отказ или за уклонение от исполнения обязанностей, предусмотренных частью 2 настоящей статьи, специалист несет административную ответственность, предусмотренную настоящим Кодексом.
Статья 25.9. Эксперт
1. В качестве эксперта может быть привлечено любое не заинтересованное в исходе дела совершеннолетнее лицо, обладающее специальными познаниями в науке, технике, искусстве или ремесле, достаточными для проведения экспертизы и дачи экспертного заключения.
2. Эксперт обязан:
1) явиться по вызову судьи, органа, должностного лица, в производстве которых находится дело об административном правонарушении;
2) дать объективное заключение по поставленным перед ним вопросам, а также требуемые объяснения в связи с содержанием заключения.
3. Эксперт предупреждается об административной ответственности за дачу заведомо ложного заключения.
4. Эксперт имеет право отказаться от дачи заключения, если поставленные вопросы выходят за пределы его специальных познаний или если предоставленных ему материалов недостаточно для дачи заключения.
5. Эксперт вправе:
1) знакомиться с материалами дела об административном правонарушении, относящимися к предмету экспертизы, заявлять ходатайства о предоставлении ему дополнительных материалов, необходимых для дачи заключения;
2) с разрешения судьи, должностного лица, лица, председательствующего в заседании коллегиального органа, в производстве которых находится дело об административном правонарушении, задавать вопросы, относящиеся к предмету экспертизы, лицу, в отношении которого ведется производство по делу, потерпевшему и свидетелям;
3) указывать в своем заключении имеющие значение для дела обстоятельства, которые установлены при проведении экспертизы и по поводу которых ему не были поставлены вопросы.
6. За отказ или за уклонение от исполнения обязанностей, предусмотренных частью 2 настоящей статьи, эксперт несет административную ответственность, предусмотренную настоящим Кодексом.
Статья 25.10. Переводчик
1. В качестве переводчика может быть привлечено любое не заинтересованное в исходе дела совершеннолетнее лицо, владеющее языками или навыками сурдоперевода (понимающее знаки немого или глухого), необходимыми для перевода или сурдоперевода при производстве по делу об административном правонарушении.
2. Переводчик назначается судьей, органом, должностным лицом, в производстве которых находится дело об административном правонарушении.
3. Переводчик обязан явиться по вызову судьи, органа, должностного лица, в производстве которых находится дело об административном правонарушении, выполнить полно и точно порученный ему перевод и удостоверить верность перевода своей подписью.
4. Переводчик предупреждается об административной ответственности за выполнение заведомо неправильного перевода.
5. За отказ или за уклонение от исполнения обязанностей, предусмотренных частью 3 настоящей статьи, переводчик несет административную ответственность, предусмотренную настоящим Кодексом.
Статья 25.11. Прокурор
1. Прокурор в пределах своих полномочий вправе:
1) возбуждать производство по делу об административном правонарушении;
2) участвовать в рассмотрении дела об административном правонарушении, представлять доказательства, заявлять ходатайства, давать заключения по вопросам, возникающим во время рассмотрения дела; (в ред. Федерального закона от 29.04.2006 N 57-ФЗ)
3) приносить протест на постановление по делу об административном правонарушении независимо от участия в деле, а также совершать иные предусмотренные федеральным законом действия.
2. Прокурор извещается о месте и времени рассмотрения дела об административном правонарушении, совершенном несовершеннолетним, а также дела об административном правонарушении, возбужденного по инициативе прокурора.
Статья 25.12. Обстоятельства, исключающие возможность участия в производстве по делу об административном правонарушении
1. К участию в производстве по делу об административном правонарушении в качестве защитника и представителя не допускаются лица в случае, если они являются сотрудниками государственных органов, осуществляющих надзор и контроль за соблюдением правил, нарушение которых явилось основанием для возбуждения данного дела, или если они ранее выступали в качестве иных участников производства по данному делу.
2. К участию в производстве по делу об административном правонарушении в качестве специалиста, эксперта и переводчика не допускаются лица в случае, если они состоят в родственных отношениях с лицом, привлекаемым к административной ответственности, потерпевшим, их законными представителями, защитником, представителем, прокурором, судьей, членом коллегиального органа или должностным лицом, в производстве которых находится данное дело, или если они ранее выступали в качестве иных участников производства по данному делу, а равно если имеются основания считать этих лиц лично, прямо или косвенно, заинтересованными в исходе данного дела.
Статья 25.13. Отводы лиц, участие которых в производстве по делу об административном правонарушении не допускается
1. При наличии предусмотренных статьей 25.12 настоящего Кодекса обстоятельств, исключающих возможность участия лица в качестве защитника, представителя, специалиста, эксперта или переводчика в производстве по делу об административном правонарушении, указанное лицо подлежит отводу.
2. Заявление о самоотводе или об отводе подается судье, органу, должностному лицу, в производстве которых находится дело об административном правонарушении.
3. Рассмотрев заявление о самоотводе или об отводе, судья, орган, должностное лицо, в производстве которых находится дело об административном правонарушении, выносят определение об удовлетворении заявления либо об отказе в его удовлетворении.
Статья 25.14. Возмещение расходов потерпевшему, его законным представителям, свидетелю, специалисту, эксперту, переводчику и понятому (в ред. Федерального закона от 29.04.2006 N 57-ФЗ)
1. Потерпевшему, его законным представителям, свидетелю, специалисту, эксперту, переводчику и понятому возмещаются в установленном Правительством Российской Федерации порядке расходы, понесенные ими в связи с явкой в суд, орган, к должностному лицу, в производстве которых находится дело об административном правонарушении. (в ред. Федерального закона от 29.04.2006 N 57-ФЗ)
2. Труд специалиста, эксперта и переводчика оплачивается в порядке, установленном
Правительством Российской Федерации.
Статья 25.15. Извещение лиц, участвующих в производстве по делу об административном правонарушении
(введена Федеральным законом от 06.12.2011 N 404-ФЗ)
1. Лица, участвующие в производстве по делу об административном правонарушении, а также свидетели, эксперты, специалисты и переводчики извещаются или вызываются в суд, орган или к должностному лицу, в производстве которых находится дело, заказным письмом с уведомлением о вручении, повесткой с уведомлением о вручении, телефонограммой или телеграммой, по факсимильной связи либо с использованием иных средств связи и доставки, обеспечивающих фиксирование извещения или вызова и его вручение адресату.
2. Извещения, адресованные гражданам, в том числе индивидуальным предпринимателям, направляются по месту их жительства. При этом место жительства индивидуального предпринимателя определяется на основании выписки из единого государственного реестра индивидуальных предпринимателей.
3. Место нахождения юридического лица, его филиала или представительства определяется на основании выписки из единого государственного реестра юридических лиц. Если юридическое лицо, участвующее в производстве по делу об административном правонарушении, ведет дело через представителя, извещение также направляется по месту нахождения (месту жительства) представителя.
4. Если лицо, участвующее в производстве по делу об административном правонарушении, заявило ходатайство о направлении извещений по иному адресу, суд, орган или должностное лицо, в производстве которых находится дело, направляет извещение также по этому адресу. В этом случае извещение считается врученным лицу, участвующему в производстве по делу об административном правонарушении, если извещение доставлено по указанному таким лицом адресу.
Глава 26. ПРЕДМЕТ ДОКАЗЫВАНИЯ. ДОКАЗАТЕЛЬСТВА. ОЦЕНКА ДОКАЗАТЕЛЬСТВ
Статья 26.1. Обстоятельства, подлежащие выяснению по делу об административном правонарушении
По делу об административном правонарушении выяснению подлежат:
1) наличие события административного правонарушения;
2) лицо, совершившее противоправные действия (бездействие), за которые настоящим Кодексом или законом субъекта Российской Федерации предусмотрена административная ответственность;
3) виновность лица в совершении административного правонарушения;
4) обстоятельства, смягчающие административную ответственность, и обстоятельства, отягчающие административную ответственность;
5) характер и размер ущерба, причиненного административным правонарушением;
6) обстоятельства, исключающие производство по делу об административном правонарушении;
7) иные обстоятельства, имеющие значение для правильного разрешения дела, а также причины и условия совершения административного правонарушения.
Статья 26.2. Доказательства
1. Доказательствами по делу об административном правонарушении являются любые фактические данные, на основании которых судья, орган, должностное лицо, в производстве которых находится дело, устанавливают наличие или отсутствие события административного правонарушения, виновность лица, привлекаемого к административной ответственности, а также иные обстоятельства, имеющие значение для правильного разрешения дела.
2. Эти данные устанавливаются протоколом об административном правонарушении, иными протоколами, предусмотренными настоящим Кодексом, объяснениями лица, в отношении которого ведется
производство по делу об административном правонарушении, показаниями потерпевшего, свидетелей, заключениями эксперта, иными документами, а также показаниями специальных технических средств, вещественными доказательствами.
3. Не допускается использование доказательств по делу об административном правонарушении, полученных с нарушением закона, в том числе доказательств, полученных при проведении проверки в ходе осуществления государственного контроля (надзора) и муниципального контроля. (п. 3 в ред. Федерального закона от 18.07.2011 N 242-ФЗ)
Статья 26.3. Объяснения лица, в отношении которого ведется производство по делу об административном правонарушении, показания потерпевшего и свидетелей
1. Объяснения лица, в отношении которого ведется производство по делу об административном правонарушении, показания потерпевшего и свидетелей представляют собой сведения, имеющие отношение к делу и сообщенные указанными лицами в устной или письменной форме.
2. Объяснения лица, в отношении которого ведется производство по делу об административном правонарушении, показания потерпевшего и свидетелей отражаются в протоколе об административном правонарушении, протоколе о применении меры обеспечения производства по делу об административном правонарушении, протоколе рассмотрения дела об административном правонарушении, а в случае необходимости записываются и приобщаются к делу.
Статья 26.4. Экспертиза
1. В случаях, если при производстве по делу об административном правонарушении возникает необходимость в использовании специальных познаний в науке, технике, искусстве или ремесле, судья, орган, должностное лицо, в производстве которых находится дело, выносят определение о назначении экспертизы. Определение обязательно для исполнения экспертами или учреждениями, которым поручено проведение экспертизы.
2. В определении указываются:
1) основания для назначения экспертизы;
2) фамилия, имя, отчество эксперта или наименование учреждения, в котором должна быть проведена экспертиза;
3) вопросы, поставленные перед экспертом;
4) перечень материалов, предоставляемых в распоряжение эксперта.
Кроме того, в определении должны быть записи о разъяснении эксперту его прав и обязанностей и о предупреждении его об административной ответственности за дачу заведомо ложного заключения.
3. Вопросы, поставленные перед экспертом, и его заключение не могут выходить за пределы специальных познаний эксперта.
4. До направления определения для исполнения судья, орган, должностное лицо, в производстве которых находится дело об административном правонарушении, обязаны ознакомить с ним лицо, в отношении которого ведется производство по делу об административном правонарушении, и потерпевшего, разъяснить им права, в том числе право заявлять отвод эксперту, право просить о привлечении в качестве эксперта указанных ими лиц, право ставить вопросы для дачи на них ответов в заключении эксперта.
5. Эксперт дает заключение в письменной форме от своего имени. В заключении эксперта должно быть указано, кем и на каком основании проводились исследования, их содержание, должны быть даны обоснованные ответы на поставленные перед экспертом вопросы и сделаны выводы.
6. Заключение эксперта не является обязательным для судьи, органа, должностного лица, в производстве которых находится дело об административном правонарушении, однако несогласие с заключением эксперта должно быть мотивировано.
Статья 26.5. Взятие проб и образцов
1. Должностное лицо, осуществляющее производство по делу об административном правонарушении, вправе брать образцы почерка, пробы и образцы товаров и иных предметов, необходимые для проведения экспертизы.
2. В случае необходимости при взятии проб и образцов применяются фото- и киносъемка, видеозапись, иные установленные способы фиксации вещественных доказательств.
3. О взятии проб и образцов составляется протокол, предусмотренный статьей 27.10 настоящего Кодекса.
Статья 26.6. Вещественные доказательства
1. Под вещественными доказательствами по делу об административном правонарушении понимаются орудия совершения или предметы административного правонарушения, в том числе орудия совершения или предметы административного правонарушения, сохранившие на себе его следы.
2. Вещественные доказательства в случае необходимости фотографируются или фиксируются иным установленным способом и приобщаются к делу об административном правонарушении. О наличии вещественных доказательств делается запись в протоколе об административном правонарушении или в ином протоколе, предусмотренном настоящим Кодексом.
3. Судья, орган, должностное лицо, в производстве которых находится дело об административном правонарушении, обязаны принять необходимые меры по обеспечению сохранности вещественных доказательств до разрешения дела по существу, а также принять решение о них по окончании рассмотрения дела.
Статья 26.7. Документы
1. Документы признаются доказательствами, если сведения, изложенные или удостоверенные в них организациями, их объединениями, должностными лицами и гражданами, имеют значение для производства по делу об административном правонарушении.
2. Документы могут содержать сведения, зафиксированные как в письменной, так и в иной форме. К документам могут быть отнесены материалы фото- и киносъемки, звуко- и видеозаписи, информационных баз и банков данных и иные носители информации.
3. Судья, орган, должностное лицо, в производстве которых находится дело об административном правонарушении, обязаны принять необходимые меры по обеспечению сохранности документов до разрешения дела по существу, а также принять решение о них по окончании рассмотрения дела.
4. В случаях, если документы обладают признаками, указанными в статье 26.6 настоящего Кодекса, такие документы являются вещественными доказательствами.
Статья 26.8. Показания специальных технических средств
1. Под специальными техническими средствами понимаются измерительные приборы, утвержденные в установленном порядке в качестве средств измерения, имеющие соответствующие сертификаты и прошедшие метрологическую поверку.
2. Показания специальных технических средств отражаются в протоколе об административном правонарушении или постановлении по делу об административном правонарушении, вынесенном в случае, предусмотренном частью 3 статьи 28.6 настоящего Кодекса. (в ред. Федерального закона от 24.07.2007 N 210-ФЗ)
Статья 26.9. Поручения и запросы по делу об административном правонарушении
1. Для получения доказательств по делу об административном правонарушении должностное лицо, осуществляющее производство по делу об административном правонарушении, вправе направлять запросы в соответствующие территориальные органы либо поручить совершение отдельных действий, предусмотренных настоящим Кодексом, должностному лицу соответствующего территориального органа.
2. Поручение либо запрос по делу об административном правонарушении подлежит исполнению не позднее чем в пятидневный срок со дня получения указанного поручения либо запроса.
3. Взаимодействие органов, осуществляющих производство по делам об административных правонарушениях, с компетентными органами иностранных государств и международными организациями осуществляется в порядке, предусмотренном законодательством Российской Федерации.
Статья 26.10. Истребование сведений
Судья, орган, должностное лицо, в производстве которых находится дело об административном правонарушении, вправе вынести определение об истребовании сведений, необходимых для разрешения дела. Истребуемые сведения должны быть направлены в трехдневный срок со дня получения определения, а при совершении административного правонарушения, влекущего административный арест либо административное выдворение, незамедлительно. При невозможности представления указанных сведений организация обязана в трехдневный срок уведомить об этом в письменной форме судью, орган, должностное лицо, вынесших определение. (в ред. Федерального закона от 25.10.2004 N 126-ФЗ)
Статья 26.11. Оценка доказательств
Судья, члены коллегиального органа, должностное лицо, осуществляющие производство по делу об административном правонарушении, оценивают доказательства по своему внутреннему убеждению, основанному на всестороннем, полном и объективном исследовании всех обстоятельств дела в их совокупности. Никакие доказательства не могут иметь заранее установленную силу.
Глава 27. ПРИМЕНЕНИЕ МЕР ОБЕСПЕЧЕНИЯ ПРОИЗВОДСТВА ПО ДЕЛАМ ОБ АДМИНИСТРАТИВНЫХ ПРАВОНАРУШЕНИЯХ
Статья 27.1. Меры обеспечения производства по делу об административном правонарушении
Постановлением Конституционного Суда РФ от 16.06.2009 N 9-П часть 1 статьи 27.1 признана не противоречащей Конституции РФ, поскольку содержащиеся в ней положения по своему конституционно-правовому смыслу в системе действующего правового регулирования и во взаимосвязи с пунктами 1 и 2 части 1 статьи 24.5 данного Кодекса предполагают, что административное задержание на срок не более 48 часов может применяться лишь в случае, если имеются достаточные основания считать его необходимым и соразмерным для обеспечения производства по конкретному делу об административном правонарушении, за совершение которого может быть назначено наказание в виде административного ареста, а последующее прекращение производства по делу об административном правонарушении в связи с отсутствием события административного правонарушения или отсутствием состава административного правонарушения не может служить основанием для отказа в обжаловании незаконного применения административного задержания как принудительной меры обеспечения производства по данному делу.
1. В целях пресечения административного правонарушения, установления личности нарушителя, составления протокола об административном правонарушении при невозможности его составления на месте выявления административного правонарушения, обеспечения своевременного и правильного рассмотрения дела об административном правонарушении и исполнения принятого по делу постановления уполномоченное лицо вправе в пределах своих полномочий применять следующие меры обеспечения производства по делу об административном правонарушении:
1) доставление;
2) административное задержание;
3) личный досмотр, досмотр вещей, досмотр транспортного средства, находящихся при физическом лице; осмотр принадлежащих юридическому лицу помещений, территорий, находящихся там вещей и документов;
4) изъятие вещей и документов;
5) отстранение от управления транспортным средством соответствующего вида;
5.1) освидетельствование на состояние алкогольного опьянения; (п. 5.1 введен Федеральным законом от 24.07.2007 N 210-ФЗ)
6) медицинское освидетельствование на состояние опьянения;
7) задержание транспортного средства, запрещение его эксплуатации;
8) арест товаров, транспортных средств и иных вещей;
9) привод;
10) временный запрет деятельности; (п. 10 введен Федеральным законом от 09.05.2005 N 45-ФЗ)
11) залог за арестованное судно; (п. 11 введен Федеральным законом от 11.07.2011 N 198-ФЗ)
12) помещение в специальные учреждения иностранных граждан или лиц без гражданства, подлежащих административному выдворению за пределы Российской Федерации в форме принудительного выдворения за пределы Российской Федерации. (п. 12 введен Федеральным законом от 06.12.2011 N 410-ФЗ)
2. Вред, причиненный незаконным применением мер обеспечения производства по делу об административном правонарушении, подлежит возмещению в порядке, предусмотренном гражданским законодательством.
Статья 27.2. Доставление
1. Доставление, то есть принудительное препровождение физического лица, а в случаях, предусмотренных пунктами 8 и 10.1 настоящей части, судна и других орудий совершения административного правонарушения в целях составления протокола об административном правонарушении при невозможности его составления на месте выявления административного правонарушения, если составление протокола является обязательным, осуществляется: (в ред. Федерального закона от 11.07.2011 N 198-ФЗ)
1) должностными лицами органов внутренних дел (полиции) при выявлении административных правонарушений, дела о которых в соответствии со статьей 23.3 настоящего Кодекса рассматривают органы внутренних дел (полиция), либо административных правонарушений, по делам о которых в соответствии с пунктом 1 части 2 статьи 28.3 настоящего Кодекса органы внутренних дел (полиция) составляют протоколы об административных правонарушениях, а также при выявлении любых административных правонарушений в случае обращения к ним должностных лиц, уполномоченных составлять протоколы о соответствующих административных правонарушениях, - в служебное помещение органа внутренних дел (полиции) или в помещение органа местного самоуправления сельского поселения; (в ред. Федерального закона от 07.02.2011 N 4-ФЗ)
2) военнослужащими внутренних войск Министерства внутренних дел Российской Федерации, должностными лицами ведомственной охраны или вневедомственной охраны при органах внутренних дел при выявлении административных правонарушений, связанных с причинением ущерба охраняемым ими объекту или вещам либо с посягательством на такие объект или вещи, а равно с проникновением в охраняемую ими зону, - в служебное помещение органа внутренних дел (полиции), служебное помещение охраны или в служебное помещение подразделения воинской части либо органа управления внутренних войск Министерства внутренних дел Российской Федерации; (в ред. Федерального закона от 07.02.2011 N 4-ФЗ)
3) военнослужащими внутренних войск Министерства внутренних дел Российской Федерации при выявлении административных правонарушений, предусмотренных статьями 19.3, 20.1 - 20.3, 20.5, 20.8, 20.13, 20.17 - 20.22 настоящего Кодекса, - в служебное помещение органа внутренних дел (полиции) или в помещение органа местного самоуправления сельского поселения; (в ред. Федерального закона от 07.02.2011 N 4-ФЗ)
4) должностными лицами органов, на которые возложен надзор или контроль за соблюдением правил пользования транспортом, при выявлении административных правонарушении на транспорте - в служебное
помещение органа внутренних дел (полиции) или в иное служебное помещение; (в ред. Федерального закона от 07.02.2011 N 4-ФЗ)
5) должностными лицами военной автомобильной инспекции при выявлении нарушений Правил дорожного движения водителем транспортного средства Вооруженных Сил Российской Федерации, внутренних войск Министерства внутренних дел Российской Федерации, инженерно-технических, дорожно-строительных воинских формирований при федеральных органах исполнительной власти или спасательных воинских формирований федерального органа исполнительной власти, уполномоченного на решение задач в области гражданской обороны, - в помещение военной комендатуры или воинской части; (п. 5 в ред. Федерального закона от 27.07.2010 N 223-ФЗ)
6) должностными лицами органов, на которые возложен надзор или контроль за соблюдением законодательства в области охраны окружающей среды, лесного законодательства, законодательства о животном мире, законодательства о рыболовстве и сохранении водных биологических ресурсов, при выявлении административных правонарушений в соответствующей сфере - в служебное помещение органа внутренних дел (полиции), помещение органа местного самоуправления сельского поселения или в иное служебное помещение; (в ред. Федеральных законов от 04.12.2006 N 201-ФЗ, от 03.12.2008 N 250-ФЗ, от 07.02.2011 N 4-ФЗ)
7) должностными лицами пограничных органов, военнослужащими, должностными лицами органов внутренних дел (полиции), а также другими лицами, исполняющими обязанности по охране Государственной границы Российской Федерации, при выявлении административных правонарушений в области защиты и охраны Государственной границы Российской Федерации - в служебное помещение пограничного органа, служебное помещение органа внутренних дел (полиции), служебное помещение воинской части или в помещение органа местного самоуправления сельского поселения; (в ред. Федеральных законов от 07.03.2005 N 15-ФЗ, от 07.02.2011 N 4-ФЗ, от 11.07.2011 N 198-ФЗ)
8) должностными лицами пограничных органов при выявлении административных правонарушений во внутренних морских водах, в территориальном море, на континентальном шельфе, в исключительной экономической зоне Российской Федерации - в служебное помещение пограничного органа, служебное помещение органа внутренних дел (полиции), служебное помещение воинской части, находящиеся в порту Российской Федерации. Используемые для осуществления незаконной деятельности во внутренних морских водах, в территориальном море, на континентальном шельфе, в исключительной экономической зоне Российской Федерации суда и орудия совершения административного правонарушения подлежат доставлению в порт Российской Федерации (иностранные суда - в один из портов Российской Федерации, открытых для захода иностранных судов); (в ред. Федеральных законов от 07.03.2005 N 15-ФЗ, от 07.02.2011 N 4-ФЗ, от 11.07.2011 N 198-ФЗ)
9) утратил силу. - Федеральный закон от 30.06.2003 N 86-ФЗ;
10) должностными лицами таможенных органов при выявлении нарушений таможенных правил - в служебное помещение таможенного органа;
10.1) должностными лицами таможенных органов при выявлении нарушений таможенных правил во внутренних морских водах, в территориальном море - в служебное помещение таможенного органа, находящееся в порту Российской Федерации. Используемые для осуществления незаконной деятельности во внутренних морских водах, в территориальном море суда и другие орудия совершения административного правонарушения подлежат доставлению в порт Российской Федерации (иностранные суда - в один из портов Российской Федерации, открытых для захода иностранных судов); (п. 10.1 введен Федеральным законом от 11.07.2011 N 198-ФЗ)
11) военнослужащими и сотрудниками органов и учреждений уголовно-исполнительной системы при выявлении административных правонарушений, предусмотренных статьями 19.3, 19.12 настоящего Кодекса, - в служебное помещение учреждения уголовно-исполнительной системы или органа внутренних дел (полиции); (в ред. Федеральных законов от 30.06.2003 N 86-ФЗ, от 29.04.2006 N 57-ФЗ, от 07.02.2011 N 4-ФЗ)
12) должностными лицами органов по контролю за оборотом наркотических средств и психотропных веществ при выявлении административных правонарушений, дела о которых в соответствии со статьей 23.63 настоящего Кодекса рассматривают эти органы, либо административных правонарушений, по делам о которых в соответствии с пунктом 83 части 2 статьи 28.3 настоящего Кодекса указанные органы
составляют протоколы об административных правонарушениях, - в служебное помещение органа по контролю за оборотом наркотических средств и психотропных веществ или органа внутренних дел (полиции); (п. 12 введен Федеральным законом от 30.06.2003 N 86-ФЗ, в ред. Федерального закона от 07.02.2011 N 4-ФЗ)
13) должностными лицами, осуществляющими контртеррористическую операцию, при выявлении административных правонарушений, предусмотренных статьей 20.27 настоящего Кодекса, - в служебное помещение органа внутренних дел (полиции) или иного органа, осуществляющего контртеррористическую операцию; (п. 13 введен Федеральным законом от 29.04.2006 N 57-ФЗ, в ред. Федерального закона от 07.02.2011 N 4-ФЗ)
14) судебными приставами при выявлении административных правонарушений, предусмотренных статьями 13.26, 17.3, 17.8, 17.8.1, 17.9, 17.14, 17.15 и 17.16 настоящего Кодекса, а также при выявлении любых административных правонарушений, совершенных в здании суда (помещении суда), - в служебное помещение суда или органа внутренних дел (полиции); (п. 14 введен Федеральным законом от 03.06.2006 N 78-ФЗ, в ред. Федеральных законов от 02.10.2007 N 225-ФЗ, от 07.02.2011 N 4-ФЗ, от 06.12.2011 N 410-ФЗ, от 07.12.2011 N 420-ФЗ)
15) должностными лицами органов, уполномоченных на осуществление функций по контролю и надзору в сфере миграции, при выявлении административных правонарушений, дела о которых в соответствии со статьей 23.67 настоящего Кодекса рассматривают эти органы, либо административных правонарушений, по делам о которых в соответствии с пунктом 15 части 2 статьи 28.3 настоящего Кодекса эти органы составляют протоколы об административных правонарушениях, - в служебное помещение органа внутренних дел (полиции) или в помещение органа местного самоуправления сельского поселения; (п. 15 введен Федеральным законом от 18.07.2006 N 121-ФЗ, в ред. Федерального закона от 07.02.2011 N 4-ФЗ)
16) должностными лицами федерального органа исполнительной власти в области государственной охраны при выявлении административных правонарушений, предусмотренных статьями 19.3, 20.17 настоящего Кодекса, - в служебное помещение органа внутренних дел (полиции), помещение муниципального органа или в иное служебное помещение. (п. 16 введен Федеральным законом от 08.12.2011 N 424-ФЗ)
2. Доставление должно быть осуществлено в возможно короткий срок.
3. О доставлении составляется протокол либо делается соответствующая запись в протоколе об административном правонарушении или в протоколе об административном задержании. Копия протокола о доставлении вручается доставленному лицу по его просьбе. (в ред. Федерального закона от 08.12.2003 N 161-ФЗ)
Статья 27.3. Административное задержание
Постановлением Конституционного Суда РФ от 16.06.2009 N 9-П часть 1 статьи 27.3 признана не противоречащей Конституции РФ, поскольку содержащиеся в ней положения по своему конституционно-правовому смыслу в системе действующего правового регулирования и во взаимосвязи с пунктами 1 и 2 части 1 статьи 24.5 данного Кодекса предполагают, что административное задержание на срок не более 48 часов может применяться лишь в случае, если имеются достаточные основания считать его необходимым и соразмерным для обеспечения производства по конкретному делу об административном правонарушении, за совершение которого может быть назначено наказание в виде административного ареста, а последующее прекращение производства по делу об административном правонарушении в связи с отсутствием события административного правонарушения или отсутствием состава административного правонарушения не может служить основанием для отказа в обжаловании незаконного применения административного задержания как принудительной меры обеспечения производства по данному делу.
1. Административное задержание, то есть кратковременное ограничение свободы физического лица, может быть применено в исключительных случаях, если это необходимо для обеспечения правильного и своевременного рассмотрения дела об административном правонарушении, исполнения постановления по
делу об административном правонарушении. Административное задержание вправе осуществлять:
1) должностные лица органов внутренних дел (полиции) - при выявлении административных правонарушений, дела о которых в соответствии со статьей 23.3 настоящего Кодекса рассматривают органы внутренних дел (полиции), либо административных правонарушений, по делам о которых в соответствии с пунктом 1 части 2 статьи 28.3 настоящего Кодекса органы внутренних дел (полиция) составляют протоколы об административных правонарушениях, а также при выявлении любых административных правонарушений в случае обращения к ним должностных лиц, уполномоченных составлять протоколы о соответствующих административных правонарушениях; (в ред. Федерального закона от 07.02.2011 N 4-ФЗ)
2) старшее в месте расположения охраняемого объекта должностное лицо ведомственной охраны или вневедомственной охраны при органах внутренних дел, военнослужащие внутренних войск Министерства внутренних дел Российской Федерации - при выявлении административных правонарушений, связанных с причинением ущерба охраняемым ими объекту или вещам либо с посягательством на такие объект или вещи, а равно с проникновением в охраняемую ими зону;
3) должностные лица военной автомобильной инспекции - при выявлении нарушений Правил дорожного движения водителем транспортного средства Вооруженных Сил Российской Федерации, внутренних войск Министерства внутренних дел Российской Федерации, инженерно-технических, дорожно-строительных воинских формирований при федеральных органах исполнительной власти или спасательных воинских формирований федерального органа исполнительной власти, уполномоченного на решение задач в области гражданской обороны; (п. 3 в ред. Федерального закона от 27.07.2010 N 223-ФЗ)
4) должностные лица пограничных органов, должностные лица органов внутренних дел (полиции) - при выявлении административных правонарушений в области защиты и охраны Государственной границы Российской Федерации, а также при выявлении административных правонарушений во внутренних морских водах, в территориальном море, на континентальном шельфе, в исключительной экономической зоне Российской Федерации; (в ред. Федеральных законов от 30.06.2003 N 86-ФЗ, от 07.03.2005 N 15-ФЗ, от 07.02.2011 N 4-ФЗ, от 11.07.2011 N 198-ФЗ)
5) утратил силу. - Федеральный закон от 30.06.2003 N 86-ФЗ;
6) должностные лица таможенных органов - при выявлении нарушений таможенных правил;
7) военнослужащие и должностные лица органов и учреждений уголовно-исполнительной системы - при выявлении административных правонарушений, предусмотренных статьями 19.3, 19.12 настоящего Кодекса, а также административных правонарушений, связанных с причинением ущерба охраняемым ими объекту или вещам либо с посягательством на такие объект или вещи, а равно с проникновением в охраняемую ими зону; (в ред. Федеральных законов от 30.06.2003 N 86-ФЗ, от 29.04.2006 N 57-ФЗ)
8) должностные лица органов по контролю за оборотом наркотических средств и психотропных веществ - при выявлении административных правонарушений, дела о которых в соответствии со статьей 23.63 настоящего Кодекса рассматривают эти органы, либо административных правонарушений, по делам о которых в соответствии с пунктом 83 части 2 статьи 28.3 настоящего Кодекса указанные органы составляют протоколы об административных правонарушениях; (п. 8 введен Федеральным законом от 30.06.2003 N 86-ФЗ)
9) должностные лица, осуществляющие контртеррористическую операцию, - при выявлении административных правонарушений, предусмотренных статьей 20.27 настоящего Кодекса; (п. 9 введен Федеральным законом от 29.04.2006 N 57-ФЗ)
10) судебные приставы - при выявлении административных правонарушений, предусмотренных статьями 13.26, 17.3, 17.8, 17.8.1, 17.9, 17.14, 17.15 и 17.16 настоящего Кодекса, а также при выявлении любых административных правонарушений, совершенных в здании суда (помещении суда). (п. 10 введен Федеральным законом от 03.06.2006 N 78-ФЗ, в ред. Федеральных законов от 02.10.2007 N 225-ФЗ, от 06.12.2011 N 410-ФЗ, от 07.12.2011 N 420-ФЗ)
2. Перечень лиц, уполномоченных осуществлять административное задержание в соответствии с
частью 1 настоящей статьи, устанавливается соответствующим федеральным органом исполнительной власти.
3. По просьбе задержанного лица о месте его нахождения в кратчайший срок уведомляются родственники, администрация по месту его работы (учебы), а также защитник.
4. Об административном задержании несовершеннолетнего в обязательном порядке уведомляются его родители или иные законные представители.
4.1. Об административном задержании военнослужащего или гражданина, призванного на военные сборы, незамедлительно уведомляется военная комендатура или воинская часть, в которой задержанный проходит военную службу (военные сборы), а об административном задержании иного лица, указанного в части 1 статьи 2.5 настоящего Кодекса, - орган или учреждение, в котором задержанный проходит службу. (часть 4.1 введена Федеральным законом от 04.12.2006 N 203-ФЗ)
4.2. Об административном задержании члена общественной наблюдательной комиссии, образованной в соответствии с законодательством Российской Федерации, незамедлительно уведомляются секретарь Общественной палаты Российской Федерации и соответствующая общественная наблюдательная комиссия. (часть 4.2 введена Федеральным законом от 01.07.2010 N 132-ФЗ)
5. Задержанному лицу разъясняются его права и обязанности, предусмотренные настоящим Кодексом, о чем делается соответствующая запись в протоколе об административном задержании.
Статья 27.4. Протокол об административном задержании
1. Об административном задержании составляется протокол, в котором указываются дата и место его составления, должность, фамилия и инициалы лица, составившего протокол, сведения о задержанном лице, время, место и мотивы задержания.
2. Протокол об административном задержании подписывается должностным лицом, его составившим, и задержанным лицом. В случае, если задержанное лицо отказывается подписать протокол, в протоколе об административном задержании делается соответствующая запись. Копия протокола об административном задержании вручается задержанному лицу по его просьбе. (в ред. Федерального закона от 08.12.2003 N 161-ФЗ)
Статья 27.5. Сроки административного задержания
1. Срок административного задержания не должен превышать три часа, за исключением случаев, предусмотренных частями 2 и 3 настоящей статьи.
2. Лицо, в отношении которого ведется производство по делу об административном правонарушении, посягающем на установленный режим Государственной границы Российской Федерации и порядок пребывания на территории Российской Федерации, об административном правонарушении, совершенном во внутренних морских водах, в территориальном море, на континентальном шельфе, в исключительной экономической зоне Российской Федерации, или о нарушении таможенных правил, в случае необходимости для установления личности или для выяснения обстоятельств административного правонарушения может быть подвергнуто административному задержанию на срок не более 48 часов.
Постановлением Конституционного Суда РФ от 16.06.2009 N 9-П часть 3 статьи 27.5 признана не противоречащей Конституции РФ, поскольку содержащиеся в ней положения по своему конституционно-правовому смыслу в системе действующего правового регулирования и во взаимосвязи с пунктами 1 и 2 части 1 статьи 24.5 данного Кодекса предполагают, что административное задержание на срок не более 48 часов может применяться лишь в случае, если имеются достаточные основания считать его необходимым и соразмерным для обеспечения производства по конкретному делу об административном правонарушении, за совершение которого может быть назначено наказание в виде административного ареста, а последующее прекращение производства по делу об административном правонарушении в связи с отсутствием события административного правонарушения или отсутствием состава административного правонарушения не может служить основанием для отказа в обжаловании незаконного применения административного задержания как принудительной меры обеспечения производства по данному делу.
3. Лицо, в отношении которого ведется производство по делу об административном правонарушении, влекущем в качестве одной из мер административного наказания административный арест, может быть подвергнуто административному задержанию на срок не более 48 часов.
4. Срок административного задержания лица исчисляется с момента доставления в соответствии со статьей 27.2 настоящего Кодекса, а лица, находящегося в состоянии опьянения, со времени его вытрезвления.
Статья 27.6. Место и порядок содержания задержанных лиц
1. Задержанные лица содержатся в специально отведенных для этого помещениях органов, указанных в статье 27.3 настоящего Кодекса, либо в специальных учреждениях, создаваемых в установленном порядке органами исполнительной власти субъектов Российской Федерации. Указанные помещения должны отвечать санитарным требованиям и исключать возможность их самовольного оставления.
2. Условия содержания задержанных лиц, нормы питания и порядок медицинского обслуживания таких лиц определяются Правительством Российской Федерации.
3. Несовершеннолетние, в отношении которых применено административное задержание, содержатся отдельно от взрослых лиц.
Статья 27.7. Личный досмотр, досмотр вещей, находящихся при физическом лице
1. Личный досмотр, досмотр вещей, находящихся при физическом лице, то есть обследование вещей, проводимое без нарушения их конструктивной целостности, осуществляются в случае необходимости в целях обнаружения орудий совершения либо предметов административного правонарушения.
2. Личный досмотр, досмотр вещей, находящихся при физическом лице, осуществляются должностными лицами, указанными в статьях 27.2, 27.3 настоящего Кодекса.
3. Личный досмотр производится лицом одного пола с досматриваемым в присутствии двух понятых того же пола.
Досмотр вещей, находящихся при физическом лице (ручной клади, багажа, орудий охоты и рыболовства, добытой продукции и иных предметов), осуществляется уполномоченными на то должностными лицами в присутствии двух понятых. (в ред. Федерального закона от 03.12.2008 N 250-ФЗ)
4. В исключительных случаях при наличии достаточных оснований полагать, что при физическом лице находятся оружие или иные предметы, используемые в качестве оружия, личный досмотр, досмотр вещей, находящихся при физическом лице, могут быть осуществлены без понятых. (в ред. Федерального закона от 08.12.2003 N 161-ФЗ)
5. В случае необходимости применяются фото- и киносъемка, видеозапись, иные установленные способы фиксации вещественных доказательств.
6. О личном досмотре, досмотре вещей, находящихся при физическом лице, составляется протокол либо делается соответствующая запись в протоколе о доставлении или в протоколе об административном задержании. В протоколе о личном досмотре, досмотре вещей, находящихся при физическом лице, указываются дата и место его составления, должность, фамилия и инициалы лица, составившего протокол, сведения о физическом лице, подвергнутом личному досмотру, о виде, количестве, об иных идентификационных признаках вещей, в том числе о типе, марке, модели, калибре, серии, номере, об иных идентификационных признаках оружия, о виде и количестве боевых припасов, о виде и реквизитах документов, обнаруженных при досмотре, находящихся при физическом лице.
7. В протоколе о личном досмотре, досмотре вещей, находящихся при физическом лице, делается запись о применении фото- и киносъемки, видеозаписи, иных установленных способов фиксации вещественных доказательств. Материалы, полученные при осуществлении личного досмотра, досмотра вещей, находящихся при физическом лице, с применением фото- и киносъемки, видеозаписи, иных установленных способов фиксации вещественных доказательств, прилагаются к соответствующему протоколу.
8. Протокол о личном досмотре, досмотре вещей, находящихся при физическом лице, подписывается должностным лицом, его составившим, лицом, в отношении которого ведется производство по делу об административном правонарушении, либо владельцем вещей, подвергнутых досмотру, понятыми. В случае отказа лица, в отношении которого ведется производство по делу, владельца вещей, подвергнутых досмотру, от подписания протокола в нем делается соответствующая запись. Копия протокола о личном досмотре, досмотре вещей, находящихся при физическом лице, вручается владельцу вещей, подвергнутых досмотру, по его просьбе. (в ред. Федерального закона от 08.12.2003 N 161-ФЗ)
Статья 27.8. Осмотр принадлежащих юридическому лицу или индивидуальному предпринимателю помещений, территорий и находящихся там вещей и документов
1. Осмотр принадлежащих юридическому лицу или индивидуальному предпринимателю используемых для осуществления предпринимательской деятельности помещении, территорий и находящихся там вещей и документов производится должностными лицами, уполномоченными составлять протоколы об административных правонарушениях в соответствии со статьей 28.3 настоящего Кодекса.
2. Осмотр принадлежащих юридическому лицу или индивидуальному предпринимателю помещений, территорий и находящихся там вещей и документов осуществляется в присутствии представителя юридического лица, индивидуального предпринимателя или его представителя и двух понятых.
3. В случае необходимости применяются фото- и киносъемка, видеозапись, иные установленные способы фиксации вещественных доказательств.
4. Об осмотре принадлежащих юридическому лицу или индивидуальному предпринимателю помещений, территорий и находящихся там вещей и документов составляется протокол, в котором указываются дата и место его составления, должность, фамилия и инициалы лица, составившего протокол, сведения о соответствующем юридическом лице, а также о его законном представителе либо об ином представителе, об индивидуальном предпринимателе или о его представителе, об осмотренных территориях и помещениях, о виде, количестве, об иных идентификационных признаках вещей, о виде и реквизитах документов.
5. В протоколе об осмотре принадлежащих юридическому лицу или индивидуальному предпринимателю помещений, территорий и находящихся там вещей и документов делается запись о применении фото- и киносъемки, видеозаписи, иных установленных способов фиксации вещественных доказательств. Материалы, полученные при осуществлении осмотра с применением фото- и киносъемки, видеозаписи, иных установленных способов фиксации вещественных доказательств, прилагаются к соответствующему протоколу.
6. Протокол об осмотре принадлежащих юридическому лицу или индивидуальному предпринимателю помещений, территорий и находящихся там вещей и документов подписывается должностным лицом, его составившим, законным представителем юридического лица, индивидуальным предпринимателем либо в случаях, не терпящих отлагательства, иным представителем юридического лица или представителем индивидуального предпринимателя, а также понятыми. В случае отказа законного представителя юридического лица или иного его представителя, индивидуального предпринимателя или его представителя от подписания протокола в нем делается соответствующая запись. Копия протокола об осмотре принадлежащих юридическому лицу или индивидуальному предпринимателю помещений, территорий и находящихся там вещей и документов вручается законному представителю юридического лица или иному его представителю, индивидуальному предпринимателю или его представителю. (в ред. Федерального закона от 08.12.2003 N 161-ФЗ)
Статья 27.9. Досмотр транспортного средства
1. Досмотр транспортного средства любого вида, то есть обследование транспортного средства, проводимое без нарушения его конструктивной целостности, осуществляется в целях обнаружения орудий совершения либо предметов административного правонарушения.
2. Досмотр транспортного средства осуществляется лицами, указанными в статьях 27.2, 27.3 настоящего Кодекса, в присутствии двух понятых.
3. Досмотр транспортного средства осуществляется в присутствии лица, во владении которого оно находится. В случаях, не терпящих отлагательства, досмотр транспортного средства может быть
осуществлен в отсутствие указанного лица.
4. В случае необходимости применяются фото- и киносъемка, видеозапись, иные установленные способы фиксации вещественных доказательств.
5. О досмотре транспортного средства составляется протокол либо делается соответствующая запись в протоколе об административном задержании.
6. В протоколе о досмотре транспортного средства указываются дата и место его составления, должность, фамилия и инициалы лица, составившего протокол, сведения о лице, во владении которого находится транспортное средство, подвергнутое досмотру, о типе, марке, модели, государственном регистрационном номере, об иных идентификационных признаках транспортного средства, о виде, количестве, об иных идентификационных признаках вещей, в том числе о типе, марке, модели, калибре, серии, номере, об иных идентификационных признаках оружия, о виде и количестве боевых припасов, о виде и реквизитах документов, обнаруженных при досмотре транспортного средства.
7. В протоколе о досмотре транспортного средства делается запись о применении фото- и киносъемки, видеозаписи, иных установленных способов фиксации вещественных доказательств. Материалы, полученные при осуществлении досмотра с применением фото- и киносъемки, видеозаписи, иных установленных способов фиксации вещественных доказательств, прилагаются к соответствующему протоколу.
8. Протокол о досмотре транспортного средства подписывается должностным лицом, его составившим, лицом, в отношении которого ведется производство по делу об административном правонарушении, и (или) лицом, во владении которого находится транспортное средство, подвергнутое досмотру, понятыми. В случае отказа лица, в отношении которого ведется производство по делу об административном правонарушении, и (или) лица, во владении которого находится транспортное средство, подвергнутое досмотру, от подписания протокола в нем делается соответствующая запись. Копия протокола о досмотре транспортного средства вручается лицу, во владении которого находится транспортное средство, подвергнутое досмотру. (в ред. Федерального закона от 08.12.2003 N 161-ФЗ)
Статья 27.10. Изъятие вещей и документов
1. Изъятие вещей, явившихся орудиями совершения или предметами административного правонарушения, и документов, имеющих значение доказательств по делу об административном правонарушении и обнаруженных на месте совершения административного правонарушения либо при осуществлении личного досмотра, досмотра вещей, находящихся при физическом лице, и досмотре транспортного средства, осуществляется лицами, указанными в статьях 27.2, 27.3, 28.3 настоящего Кодекса, в присутствии двух понятых.
2. Изъятие вещей, явившихся орудиями совершения или предметами административного правонарушения, и документов, имеющих значение доказательств по делу об административном правонарушении и обнаруженных при осуществлении осмотра принадлежащих юридическому лицу территорий, помещений и находящихся у него товаров, транспортных средств и иного имущества, а также соответствующих документов, осуществляется лицами, указанными в статье 28.3 настоящего Кодекса, в присутствии двух понятых.
3. При совершении административного правонарушения, влекущего лишение права управления транспортным средством соответствующего вида, у водителя, судоводителя, пилота изымается водительское удостоверение, удостоверение тракториста-машиниста (тракториста), удостоверение судоводителя, удостоверение пилота и выдается временное разрешение на право управления транспортным средством соответствующего вида на срок до вступления в законную силу постановления по делу об административном правонарушении, но не более чем на два месяца. В случае, если дело об административном правонарушении не рассмотрено в течение двух месяцев, срок действия временного разрешения на право управления транспортным средством соответствующего вида по ходатайству лица, в отношении которого ведется производство по делу об административном правонарушении, продлевается судьей, органом, должностным лицом, правомочными рассматривать дело об административном правонарушении, на срок не более одного месяца при каждом обращении. При подаче жалобы на постановление по делу об административном правонарушении срок действия временного разрешения на право управления транспортным средством соответствующего вида продлевается судьей, должностным
лицом, правомочными рассматривать жалобу, до вынесения решения по жалобе на постановление по делу об административном правонарушении. (часть третья в ред. Федерального закона от 24.07.2007 N 210-ФЗ)
4. В случае необходимости при изъятии вещей и документов применяются фото- и киносъемка, видеозапись, иные установленные способы фиксации вещественных доказательств.
5. Об изъятии вещей и документов составляется протокол либо делается соответствующая запись в протоколе о доставлении, в протоколе осмотра места совершения административного правонарушения или в протоколе об административном задержании. Об изъятии водительского удостоверения, удостоверения тракториста-машиниста (тракториста), удостоверения судоводителя, удостоверения пилота делается запись в протоколе об административном правонарушении или в протоколе осмотра места совершения административного правонарушения. (в ред. Федерального закона от 24.07.2007 N 210-ФЗ)
5.1. В случае, если изымаются документы, за исключением документов, указанных в части 3 настоящей статьи, с них изготавливаются копии, которые заверяются должностным лицом, изъявшим документы, и передаются лицу, у которого изымаются документы, о чем делается запись в протоколе. В случае, если невозможно изготовить копии или передать их одновременно с изъятием документов, указанное должностное лицо передает заверенные копии документов лицу, у которого были изъяты документы, в течение пяти дней после изъятия, о чем делается запись в протоколе. В случае, если по истечении пяти дней после изъятия документов заверенные копии документов не были переданы лицу, у которого изъяты документы, заверенные копии документов в течение трех дней должны быть направлены по почте заказным почтовым отправлением, о чем делается запись в протоколе с указанием номера почтового отправления. Копии документов направляются по адресу места нахождения юридического лица или адресу места жительства физического лица, указанному в протоколе. (часть пятая.1 введена Федеральным законом от 26.12.2008 N 293-ФЗ)
6. В протоколе об изъятии вещей и документов указываются сведения о виде и реквизитах изъятых документов, о виде, количестве, об иных идентификационных признаках изъятых вещей, в том числе о типе, марке, модели, калибре, серии, номере, об иных идентификационных признаках оружия, о виде и количестве боевых припасов.
7. В протоколе об изъятии вещей и документов делается запись о применении фото- и киносъемки, видеозаписи, иных установленных способов фиксации документов. Материалы, полученные при изъятии вещей и документов с применением фото- и киносъемки, видеозаписи, иных установленных способов фиксации вещественных доказательств, прилагаются к соответствующему протоколу.
8. Протокол об изъятии вещей и документов подписывается должностным лицом, его составившим, лицом, у которого изъяты вещи и документы, понятыми. В случае отказа лица, у которого изъяты вещи и документы, от подписания протокола в нем делается соответствующая запись. Копия протокола вручается лицу, у которого изъяты вещи и документы, или его законному представителю.
9. В случае необходимости изъятые вещи и документы упаковываются и опечатываются на месте изъятия. Изъятые вещи и документы до рассмотрения дела об административном правонарушении хранятся в местах, определяемых лицом, осуществившим изъятие вещей и документов, в порядке, установленном соответствующим федеральным органом исполнительной власти.
10. Изъятые огнестрельное оружие и патроны к нему, иное оружие, а также боевые припасы хранятся в порядке, определяемом федеральным органом исполнительной власти в области внутренних дел.
11. Изъятые вещи, подвергающиеся быстрой порче, в порядке, установленном Правительством Российской Федерации, сдаются в соответствующие организации для реализации, а при невозможности реализации уничтожаются.
КонсультантПлюс: примечание. Часть 12 статьи 27.10 КоАП РФ по своему конституционно-правовому смыслу не предусматривает
возможность направления на переработку или уничтожения изъятой в рамках производства по делам об административных правонарушениях алкогольной и спиртосодержащей продукции, не отвечающей обязательным требованиям стандартов, санитарных правил и гигиенических нормативов, без судебного решения (Определение Конституционного Суда РФ от 15.01.2008 N 408-О-П).
12. Изъятые наркотические средства и психотропные вещества, а также этиловый спирт, алкогольная и спиртосодержащая продукция, не отвечающие обязательным требованиям стандартов, санитарных правил и гигиенических нормативов, подлежат направлению на переработку или уничтожению в порядке, установленном Правительством Российской Федерации. Образцы подлежащих уничтожению наркотических средств и психотропных веществ, этилового спирта, алкогольной и спиртосодержащей продукции хранятся до вступления в законную силу постановления по делу об административном правонарушении.
Статья 27.11. Оценка стоимости изъятых вещей и других ценностей
1. Изъятые вещи подлежат оценке в случае, если:
нормой об ответственности за административное правонарушение предусмотрено назначение административного наказания в виде административного штрафа, исчисляемого в величине, кратной стоимости изъятых вещей;
изъятые вещи подвергаются быстрой порче и направляются на реализацию или уничтожение;
изъятые из оборота в соответствии с законодательством Российской Федерации этиловый спирт, алкогольная и спиртосодержащая продукция подлежат направлению на переработку или уничтожению.
Положение части 2 статьи 27.11 во взаимосвязи с частью первой статьи 188 УК РФ и частью 1 статьи 16.2 КоАП Российской Федерации признано не соответствующим Конституции РФ в той мере, в какой данное положение в системе действующего правового регулирования позволяет при оценке стоимости товара, перемещаемого физическим лицом через таможенную границу Российской Федерации и предназначенного для личного пользования, в целях определения наличия состава преступления (контрабанда) или административного правонарушения (недекларирование товаров), а также исчисления размера административного штрафа использовать его рыночную стоимость на территории Российской Федерации и в стоимость товара для указанных целей включать стоимость всего перемещаемого товара, в том числе и ту ее часть, которая разрешена к ввозу без письменного декларирования и уплаты таможенных пошлин, налогов (Постановление Конституционного Суда РФ от 13.07.2010 N 15-П). В соответствии с частью 3 статьи 79 Федерального конституционного закона от 21.07.1994 N 1-ФКЗ акты или их отдельные положения, признанные неконституционными, утрачивают силу.
2. Стоимость изъятых вещей определяется на основании государственных регулируемых цен в случае, если таковые установлены. В остальных случаях стоимость изъятых вещей определяется на основании их рыночной стоимости. В случае необходимости стоимость изъятых вещей определяется на основании заключения эксперта.
3. Пересчет иностранной валюты, изъятой в качестве предмета административного правонарушения, в валюту Российской Федерации производится по действующему на день совершения административного правонарушения курсу Центрального банка Российской Федерации.
Статья 27.12. Отстранение от управления транспортным средством, освидетельствование на состояние алкогольного опьянения и медицинское освидетельствование на состояние опьянения (в ред. Федерального закона от 24.07.2007 N 210-ФЗ)
1. Лицо, которое управляет транспортным средством соответствующего вида и в отношении которого имеются достаточные основания полагать, что это лицо находится в состоянии опьянения, а также лица, совершившие административные правонарушения, предусмотренные частью 1 статьи 12.3, частью 2 статьи 12.5, частями 1 и 2 статьи 12.7 настоящего Кодекса, подлежат отстранению от управления транспортным средством до устранения причины отстранения. (в ред. Федерального закона от 24.07.2007 N 210-ФЗ)
1.1. Лицо, которое управляет транспортным средством соответствующего вида и в отношении которого имеются достаточные основания полагать, что это лицо находится в состоянии опьянения, подлежит освидетельствованию на состояние алкогольного опьянения в соответствии с частью 6 настоящей статьи. При отказе от прохождения освидетельствования на состояние алкогольного опьянения либо несогласии указанного лица с результатами освидетельствования, а равно при наличии достаточных оснований полагать, что лицо находится в состоянии опьянения, и отрицательном результате освидетельствования на состояние алкогольного опьянения указанное лицо подлежит направлению на медицинское освидетельствование на состояние опьянения.
(часть первая.1 введена Федеральным законом от 24.07.2007 N 210-ФЗ)
2. Отстранение от управления транспортным средством соответствующего вида, освидетельствование на состояние алкогольного опьянения, направление на медицинское освидетельствование на состояние опьянения осуществляются должностными лицами, которым предоставлено право государственного надзора и контроля за безопасностью движения и эксплуатации транспортного средства соответствующего вида, а в отношении водителя транспортного средства Вооруженных Сил Российской Федерации, внутренних войск Министерства внутренних дел Российской Федерации, инженерно-технических, дорожно-строительных воинских формирований при федеральных органах исполнительной власти или спасательных воинских формирований федерального органа исполнительной власти, уполномоченного на решение задач в области гражданской обороны, - также должностными лицами военной автомобильной инспекции в присутствии двух понятых. (часть 2 в ред. Федерального закона от 27.07.2010 N 223-ФЗ)
3. Об отстранении от управления транспортным средством, а также о направлении на медицинское освидетельствование на состояние опьянения составляется соответствующий протокол, копия которого вручается лицу, в отношении которого применена данная мера обеспечения производства по делу об административном правонарушении.
4. В протоколе об отстранении от управления транспортным средством соответствующего вида, а также в протоколе о направлении на медицинское освидетельствование на состояние опьянения указываются дата, время, место, основания отстранения от управления или направления на медицинское освидетельствование, должность, фамилия и инициалы лица, составившего протокол, сведения о транспортном средстве и о лице, в отношении которого применена данная мера обеспечения производства по делу об административном правонарушении.
5. Протокол об отстранении от управления транспортным средством, а также протокол о направлении на медицинское освидетельствование на состояние опьянения подписывается должностным лицом, их составившим, и лицом, в отношении которого применена данная мера обеспечения производства по делу об административном правонарушении.
В случае отказа лица, в отношении которого применена данная мера обеспечения производства по делу об административном правонарушении, от подписания соответствующего протокола в нем делается соответствующая запись.
6. Освидетельствование на состояние алкогольного опьянения и оформление его результатов, направление на медицинское освидетельствование на состояние опьянения, медицинское освидетельствование на состояние опьянения и оформление его результатов осуществляются в порядке, установленном Правительством Российской Федерации. (в ред. Федерального закона от 24.07.2007 N 210-ФЗ)
7. Акт освидетельствования на состояние алкогольного опьянения или акт медицинского освидетельствования на состояние опьянения прилагается к соответствующему протоколу. Копии акта освидетельствования на состояние алкогольного опьянения и (или) акта медицинского освидетельствования на состояние опьянения вручаются лицу, в отношении которого они были составлены. (часть седьмая в ред. Федерального закона от 24.07.2007 N 210-ФЗ)
Примечание. Утратило силу. - Федеральный закон от 23.07.2010 N 169-ФЗ.
Статья 27.13. Задержание транспортного средства, запрещение его эксплуатации
1. При нарушениях правил эксплуатации транспортного средства и управления транспортным средством соответствующего вида, предусмотренных частью 1 статьи 11.8.1, статьей 11.9, частью 1 статьи 12.3, частью 2 статьи 12.5, частями 1 и 2 статьи 12.7, частями 1 и 3 статьи 12.8, частью 4 статьи 12.19, частями 1 и 2 статьи 12.21.1, частью 1 статьи 12.21.2, статьей 12.26 настоящего Кодекса, применяется задержание транспортного средства, включающее его перемещение при помощи другого транспортного средства и помещение в специально отведенное охраняемое место (на специализированную стоянку), а также хранение на специализированной стоянке до устранения причины задержания. При невозможности по техническим характеристикам транспортного средства его перемещения и помещения на специализированную стоянку в случаях совершения административных правонарушений, предусмотренных
частью 1 статьи 11.8.1, частями 1 и 2 статьи 12.21.1, частью 1 статьи 12.21.2 настоящего Кодекса, задержание осуществляется путем прекращения движения при помощи блокирующих устройств. В случае, если создаются препятствия для движения других транспортных средств или пешеходов, а подлежащее задержанию транспортное средство по его техническим характеристикам не может быть помещено на специализированную стоянку, оно может быть перемещено, в том числе путем управления задержанным транспортным средством его водителем либо лицом, указанным в части 3 настоящей статьи, в близлежащее место, где не будет создавать препятствия для движения других транспортных средств или пешеходов, с последующей блокировкой. Плата за перемещение транспортного средства, за первые сутки его хранения на специализированной стоянке и за блокировку не взимается. (в ред. Федеральных законов от 24.07.2007 N 210-ФЗ, от 29.06.2009 N 134-ФЗ)
2. При нарушениях правил эксплуатации транспортного средства и управления транспортным средством, предусмотренных статьями 8.23, 9.3, частью 2 статьи 12.1, статьей 12.4, частями 2, 3, 4 - 6 статьи 12.5, частью 2 статьи 12.37 настоящего Кодекса, запрещается эксплуатация транспортного средства, при этом государственные регистрационные знаки подлежат снятию до устранения причины запрещения эксплуатации транспортного средства. (в ред. Федеральных законов от 22.07.2005 N 120-ФЗ, от 24.07.2007 N 210-ФЗ, от 23.07.2010 N 175-ФЗ)
2.1. Разрешается движение транспортного средства, за исключением случаев, предусмотренных статьей 9.3 и частью 2 статьи 12.5 настоящего Кодекса, к месту устранения причины запрещения эксплуатации транспортного средства, но не более чем в течение суток с момента запрещения эксплуатации транспортного средства. (часть вторая.1 введена Федеральным законом от 24.07.2007 N 210-ФЗ)
3. Задержание транспортного средства соответствующего вида, запрещение его эксплуатации осуществляются должностными лицами, уполномоченными составлять протоколы о соответствующих административных правонарушениях, а в отношении транспортного средства Вооруженных Сил Российской Федерации, внутренних войск Министерства внутренних дел Российской Федерации, инженерно-технических, дорожно-строительных воинских формирований при федеральных органах исполнительной власти или спасательных воинских формирований федерального органа исполнительной власти, уполномоченного на решение задач в области гражданской обороны, -также должностными лицами военной автомобильной инспекции. (часть 3 в ред. Федерального закона от 27.07.2010 N 223-ФЗ)
4. О задержании транспортного средства соответствующего вида, запрещении его эксплуатации делается запись в протоколе об административном правонарушении или составляется отдельный протокол. Копия протокола о задержании транспортного средства соответствующего вида, запрещении его эксплуатации вручается лицу, в отношении которого применена данная мера обеспечения производства по делу об административном правонарушении. Протокол о задержании транспортного средства, создавшего препятствия для движения других транспортных средств, в отсутствие водителя составляется в присутствии двух понятых.
КонсультантПлюс: примечание. Постановлением Правительства РФ от 18.12.2003 N 759 утверждены Правила задержания
транспортного средства, помещения его на стоянку, хранения, а также запрещения эксплуатации.
5. Задержание транспортного средства соответствующего вида, возврат транспортного средства, оплата расходов за хранение, а также запрещение эксплуатации транспортного средства осуществляется в порядке, установленном Правительством Российской Федерации. (часть пятая в ред. Федерального закона от 24.07.2007 N 210-ФЗ)
Статья 27.13.1. Задержание судна, доставленного в порт Российской Федерации
(введена Федеральным законом от 11.07.2011 N 198-ФЗ)
1. Судно, доставленное в порт Российской Федерации должностными лицами, указанными в пунктах 8 и 10.1 части 1 статьи 27.2 настоящего Кодекса, может быть задержано для выяснения обстоятельств административного правонарушения, обеспечения правильного и своевременного рассмотрения дела об административном правонарушении, административная ответственность за которое установлена частью 2 статьи 8.17, статьями 8.18 - 8.20 настоящего Кодекса.
2. Задержание судна осуществляется должностными лицами, уполномоченными составлять протоколы о соответствующих административных правонарушениях.
3. О задержании судна составляется протокол. Копия протокола о задержании судна вручается лицу, в отношении которого применена данная мера обеспечения производства по делу об административном правонарушении.
4. Срок задержания судна исчисляется с момента составления протокола о задержании судна и не может превышать 72 часа. По истечении срока задержания судно подлежит освобождению либо аресту в порядке, предусмотренном статьей 27.14.1 настоящего Кодекса.
5. О задержании иностранного судна федеральный орган исполнительной власти, ведающий вопросами иностранных дел, незамедлительно уведомляет дипломатическое представительство или консульское учреждение государства флага судна в Российской Федерации.
6. Порядок хранения, содержания, обеспечения безопасной стоянки и возврата задержанных судов и порядок возмещения владельцам объектов инфраструктуры портов расходов, связанных с хранением судна и обеспечением жизнедеятельности его экипажа, устанавливаются Правительством Российской Федерации.
Статья 27.14. Арест товаров, транспортных средств и иных вещей
1. Арест товаров, транспортных средств и иных вещей, явившихся орудиями совершения или предметами административного правонарушения, заключается в составлении описи указанных товаров, транспортных средств и иных вещей с объявлением лицу, в отношении которого применена данная мера обеспечения производства по делу об административном правонарушении, либо его законному представителю о запрете распоряжаться (а в случае необходимости и пользоваться) ими и применяется в случае, если указанные товары, транспортные средства и иные вещи изъять невозможно и (или) их сохранность может быть обеспечена без изъятия. Товары, транспортные средства и иные вещи, на которые наложен арест, могут быть переданы на ответственное хранение иным лицам, назначенным должностным лицом, наложившим арест.
2. Арест товаров, транспортных средств и иных вещей осуществляется должностными лицами, указанными в статье 27.3, части 2 статьи 28.3 настоящего Кодекса, в присутствии владельца вещей и двух понятых.
В случаях, не терпящих отлагательства, арест вещей может быть осуществлен в отсутствие их владельца.
3. В случае необходимости применяются фото- и киносъемка, видеозапись, иные установленные способы фиксации вещественных доказательств.
4. Об аресте товаров, транспортных средств и иных вещей составляется протокол. В протоколе об аресте товаров, транспортных средств и иных вещей указываются дата и место его составления, должность, фамилия и инициалы лица, составившего протокол, сведения о лице, в отношении которого применена данная мера обеспечения производства по делу об административном правонарушении, и о лице, во владении которого находятся товары, транспортные средства и иные вещи, на которые наложен арест, их опись и идентификационные признаки, а также делается запись о применении фото- и киносъемки, видеозаписи, иных установленных способов фиксации вещественных доказательств. Материалы, полученные при осуществлении ареста с применением фото- и киносъемки, видеозаписи, иных установленных способов фиксации вещественных доказательств, прилагаются к протоколу.
5. В случае необходимости товары, транспортные средства и иные вещи, на которые наложен арест, упаковываются и (или) опечатываются.
6. Копия протокола об аресте товаров, транспортных средств и иных вещей вручается лицу, в отношении которого применена данная мера обеспечения производства по делу об административном правонарушении, либо его законному представителю.
7. В случае отчуждения или сокрытия товаров, транспортных средств и иных вещей, на которые наложен арест, лицо, в отношении которого применена данная мера обеспечения производства по делу об административном правонарушении, или хранитель подлежит ответственности в соответствии с
законодательством Российской Федерации.
Статья 27.14.1. Арест судна, доставленного в порт Российской Федерации
(введена Федеральным законом от 11.07.2011 N 198-ФЗ)
1. Арест судна, доставленного в порт Российской Федерации должностными лицами, указанными в пунктах 8 и 10.1 части 1 статьи 27.2 настоящего Кодекса, осуществляется в соответствии со статьей 27.14 настоящего Кодекса с учетом положений настоящей статьи.
2. Порядок хранения, содержания, обеспечения безопасной стоянки и возврата арестованных судов и порядок возмещения владельцам объектов инфраструктуры портов расходов, связанных с хранением судна и обеспечением жизнедеятельности его экипажа, устанавливаются Правительством Российской Федерации.
3. Судно, явившееся орудием совершения административного правонарушения, административная ответственность за которое установлена частью 2 статьи 8.17, статьями 8.18 - 8.20 настоящего Кодекса, подлежит незамедлительному освобождению после внесения залога в порядке, предусмотренном статьей 27.18 настоящего Кодекса.
Статья 27.15. Привод
1. В случаях, предусмотренных частью 3 статьи 29.4, пунктом 8 части 1 статьи 29.7 настоящего Кодекса, применяется привод физического лица либо законного представителя юридического лица, в отношении которых ведется производство по делу об административном правонарушении, законного представителя несовершеннолетнего лица, привлекаемого к административной ответственности, а также свидетеля.
2. Привод осуществляется:
1) органом, уполномоченным на осуществление функций по принудительному исполнению исполнительных документов и обеспечению установленного порядка деятельности судов, на основании определения судьи или постановления должностного лица указанного органа, рассматривающих дело об административном правонарушении, в порядке, установленном федеральным органом исполнительной власти, осуществляющим функции по нормативно-правовому регулированию в сфере обеспечения установленного порядка деятельности судов и исполнения судебных актов и актов других органов;
2) органом внутренних дел (полицией) на основании определения указанного органа, иного органа, должностного лица, рассматривающих дело об административном правонарушении, в порядке, установленном федеральным органом исполнительной власти в области внутренних дел. (часть 2 в ред. Федерального закона от 18.07.2011 N 225-ФЗ)
Статья 27.16. Временный запрет деятельности
(введена Федеральным законом от 09.05.2005 N 45-ФЗ)
1. Временный запрет деятельности заключается в кратковременном, установленном на срок до рассмотрения дела судом или должностными лицами, указанными в пунктах 1 и 4 части 2 статьи 23.31 настоящего Кодекса, прекращении деятельности филиалов, представительств, структурных подразделений юридического лица, производственных участков, а также эксплуатации агрегатов, объектов, зданий или сооружений, осуществления отдельных видов деятельности (работ), оказания услуг. Временный запрет деятельности может применяться, если за совершение административного правонарушения возможно назначение административного наказания в виде административного приостановления деятельности. Временный запрет деятельности может применяться только в исключительных случаях, если это необходимо для предотвращения непосредственной угрозы жизни или здоровью людей, возникновения эпидемии, эпизоотии, заражения (засорения) подкарантинных объектов карантинными объектами, наступления радиационной аварии или техногенной катастрофы, причинения существенного вреда состоянию или качеству окружающей среды, для устранения допущенных нарушений, выразившихся в незаконном привлечении к трудовой деятельности в Российской Федерации иностранного гражданина или лица без гражданства, либо в несоблюдении установленных в соответствии с федеральным законом в отношении иностранных граждан, лиц без гражданства и иностранных организаций ограничений на
осуществление отдельных видов деятельности, либо в нарушении правил привлечения иностранных граждан и лиц без гражданства к трудовой деятельности, осуществляемой на торговых объектах (в том числе в торговых комплексах), и если предотвращение указанных обстоятельств другими способами невозможно. (в ред. Федеральных законов от 05.11.2006 N 189-ФЗ, от 23.07.2010 N 171-ФЗ, от 18.07.2011 N 242-ФЗ)
При нарушении законодательства Российской Федерации о противодействии легализации (отмыванию) доходов, полученных преступным путем, и финансированию терроризма временный запрет деятельности не применяется. Приостановление операций по счетам организации, осуществляющей операции с денежными средствами или иным имуществом, производится в соответствии с законодательством Российской Федерации о противодействии легализации (отмыванию) доходов, полученных преступным путем, и финансированию терроризма.
2. Временный запрет деятельности осуществляется должностным лицом, уполномоченным в соответствии со статьей 28.3 настоящего Кодекса составлять протокол об административном правонарушении, за совершение которого может быть назначено административное наказание в виде административного приостановления деятельности.
3. О временном запрете деятельности составляется протокол, в котором указываются основание применения этой меры обеспечения производства по делу об административном правонарушении, дата и место его составления, должность, фамилия и инициалы должностного лица, составившего протокол, сведения о лице, в отношении которого ведется производство по делу об административном правонарушении, объект деятельности, подвергшийся временному запрету деятельности, время фактического прекращения деятельности, объяснения лица, осуществляющего предпринимательскую деятельность без образования юридического лица, или законного представителя юридического лица.
4. Протокол о временном запрете деятельности подписывается составившим его должностным лицом, лицом, осуществляющим предпринимательскую деятельность без образования юридического лица, или законным представителем юридического лица. В случае, если кем-либо из указанных лиц протокол не подписан, должностное лицо делает в нем об этом соответствующую запись.
5. Копия протокола о временном запрете деятельности вручается под расписку лицу, осуществляющему предпринимательскую деятельность без образования юридического лица, или законному представителю юридического лица.
6. При временном запрете деятельности должностным лицом, составившим протокол о временном запрете деятельности, производится наложение пломб, опечатывание помещений, мест хранения товаров и иных материальных ценностей, касс, а также применяются другие меры по исполнению должностным лицом юридического лица, лицом, осуществляющим предпринимательскую деятельность без образования юридического лица, или законным представителем юридического лица указанных в протоколе о временном запрете деятельности мероприятий, необходимых для временного запрета деятельности. (часть 6 введена Федеральным законом от 18.07.2011 N 242-ФЗ)
Статья 27.17. Срок временного запрета деятельности
(введена Федеральным законом от 09.05.2005 N 45-ФЗ)
1. Утратил силу с 1 января 2011 года. - Федеральный закон от 23.07.2010 N 171-ФЗ.
2. Срок временного запрета деятельности исчисляется с момента фактического прекращения деятельности филиалов, представительств, структурных подразделений юридического лица, производственных участков, а также эксплуатации агрегатов, объектов, зданий или сооружений, осуществления отдельных видов деятельности (работ), оказания услуг.
Статья 27.18. Залог за арестованное судно
(введена Федеральным законом от 11.07.2011 N 198-ФЗ)
1. Залог за арестованное судно состоит во внесении физическим или юридическим лицом, в отношении которого возбуждено дело об административном правонарушении, административная ответственность за которое установлена частью 2 статьи 8.17, статьями 8.18 - 8.20 настоящего Кодекса, судовладельцем, страховщиком или компетентным органом государства флага судна денежных средств в
суд, избравший данную меру обеспечения производства по делу об административном правонарушении.
2. Залог за арестованное судно может применяться в отношении российских и иностранных судов, зарегистрированных в Российской Федерации или иностранном государстве и явившихся орудием совершения одного из административных правонарушений, административная ответственность за которые установлена частью 2 статьи 8.17, статьями 8.18 - 8.20 настоящего Кодекса.
3. Залог за арестованное судно применяется в обязательном порядке в отношении иностранных судов, явившихся орудием совершения административного правонарушения на континентальном шельфе и (или) в исключительной экономической зоне Российской Федерации, административная ответственность за которое установлена частью 2 статьи 8.17, статьями 8.18 - 8.20 настоящего Кодекса, в случае ходатайства любого из лиц, указанных в части 1 настоящей статьи.
4. Ходатайство о применении залога за арестованное судно в письменной форме направляется в суд или должностному лицу, в производстве которых находится дело об административном правонарушении. Должностное лицо, в производстве которого находится дело об административном правонарушении, при получении ходатайства о применении залога за арестованное судно обязано немедленно, а в случае необходимости дополнительного выяснения обстоятельств административного правонарушения в течение трех суток направить указанное ходатайство со всеми материалами дела в суд, уполномоченный рассматривать дело об административном правонарушении.
5. Решение о применении залога за арестованное судно и размере указанного залога принимается судом в срок не более десяти дней со дня получения ходатайства, указанного в части 4 настоящей статьи, от любого из лиц, указанных в части 1 настоящей статьи. При поступлении такого ходатайства от участников производства по делу об административном правонарушении или в случае необходимости дополнительного выяснения обстоятельств дела, за исключением случаев, указанных в части 3 настоящей статьи, срок принятия решения о применении залога за арестованное судно может быть продлен, но не более чем на пятнадцать дней.
6. Размер залога за арестованное судно определяется судом с учетом размера административного штрафа, установленного санкцией применяемой статьи Особенной части настоящего Кодекса, и (или) с учетом определяемых на основании заключения эксперта стоимости судна и других орудий совершения административного правонарушения и (или) размера ущерба, причиненного в результате совершения административного правонарушения. При определении размера залога за арестованное судно учитываются обстоятельства, указанные в частях 2 и 3 статьи 4.1 настоящего Кодекса.
7. Размер залога за арестованное судно не может быть менее размера ущерба, причиненного в результате совершения административного правонарушения, и максимального размера административного штрафа, установленного санкцией применяемой статьи Особенной части настоящего Кодекса.
8. Решение судьи о применении залога за арестованное судно выносится в форме определения, которое может быть обжаловано в соответствии с правилами, установленными главой 30 настоящего Кодекса.
9. Копии определения о применении залога за арестованное судно вручаются должностному лицу, в производстве которого находится дело об административном правонарушении, залогодателю или его законному представителю, физическому или юридическому лицу, в отношении которого ведется производство по делу об административном правонарушении, законному представителю указанного юридического лица либо защитнику. Залогодателю или его законному представителю разъясняется порядок возвращения залога за арестованное судно и его обращения в доход государства.
10. Деньги, являющиеся предметом залога за арестованное судно, вносятся на депозитный счет суда, избравшего данную меру обеспечения производства по делу об административном правонарушении. О принятии указанного залога судом составляется протокол, копия которого вручается залогодателю.
11. О применении залога за арестованное судно федеральный орган исполнительной власти, ведающий вопросами иностранных дел, незамедлительно уведомляет дипломатическое представительство или консульское учреждение государства флага иностранного судна в Российской Федерации.
12. В случае совершения административного правонарушения, административная ответственность за которое предусмотрена частью 2 статьи 8.17, статьями 8.18 - 8.20 настоящего Кодекса, с использованием
судна, в отношении которого применена мера обеспечения производства по делу об административном правонарушении в виде залога за арестованное судно, по судебному решению указанный залог обращается в доход государства.
Статья 27.19. Помещение в специальные учреждения иностранных граждан или лиц без гражданства, подлежащих административному выдворению за пределы Российской Федерации
(введена Федеральным законом от 06.12.2011 N 410-ФЗ)
1. Помещение в специальные учреждения иностранных граждан или лиц без гражданства, подлежащих принудительному выдворению за пределы Российской Федерации, заключается в их препровождении в специальные учреждения, предусмотренные законодательством Российской Федерации (далее - специальное учреждение, создаваемое в установленном порядке органами исполнительной власти субъекта Российской Федерации), либо в специально отведенные для этого помещения пограничных органов и во временном содержании их в таких специальных учреждениях до принудительного выдворения за пределы Российской Федерации.
2. Содержание в специальных учреждениях в условиях, исключающих возможность самовольного оставления их, применяется в отношении иностранных граждан или лиц без гражданства в целях обеспечения исполнения принятого по делу постановления судьи о назначении административного наказания в виде принудительного выдворения за пределы Российской Федерации или решения должностного лица пограничного органа в отношении иностранных граждан или лиц без гражданства по административным правонарушениям в области защиты Государственной границы Российской Федерации.
3. В специальное учреждение, создаваемое в установленном порядке органами исполнительной власти субъекта Российской Федерации, помещается иностранный гражданин или лицо без гражданства на основании постановления судьи, которое подлежит немедленному исполнению федеральным органом исполнительной власти, уполномоченным на осуществление функций по принудительному исполнению исполнительных документов и обеспечению установленного порядка деятельности судов, в порядке, установленном федеральным органом исполнительной власти, осуществляющим функции по нормативно-правовому регулированию в сфере обеспечения установленного порядка деятельности судов и исполнения судебных актов и актов других органов.
4. В специально отведенное для этого помещение пограничного органа помещается иностранный гражданин или лицо без гражданства, совершившие административное правонарушение в области защиты Государственной границы Российской Федерации, на основании постановления судьи или решения соответствующего должностного лица пограничного органа.
Глава 28. ВОЗБУЖДЕНИЕ ДЕЛА ОБ АДМИНИСТРАТИВНОМ ПРАВОНАРУШЕНИИ
Статья 28.1. Возбуждение дела об административном правонарушении
1. Поводами к возбуждению дела об административном правонарушении являются:
1) непосредственное обнаружение должностными лицами, уполномоченными составлять протоколы об административных правонарушениях, достаточных данных, указывающих на наличие события административного правонарушения;
2) поступившие из правоохранительных органов, а также из других государственных органов, органов местного самоуправления, от общественных объединений материалы, содержащие данные, указывающие на наличие события административного правонарушения;
3) сообщения и заявления физических и юридических лиц, а также сообщения в средствах массовой информации, содержащие данные, указывающие на наличие события административного правонарушения (за исключением административных правонарушений, предусмотренных частью 2 статьи 5.27, статьями 14.12, 14.13 настоящего Кодекса);
4) фиксация административного правонарушения в области дорожного движения или административного правонарушения в области благоустройства территории, предусмотренного законом субъекта Российской Федерации, совершенного с использованием транспортного средства, работающими в автоматическом режиме специальными техническими средствами, имеющими функции фото- и киносъемки,
видеозаписи, или средствами фото- и киносъемки, видеозаписи; (в ред. Федерального закона от 21.04.2011 N 69-ФЗ)
5) подтверждение содержащихся в сообщении или заявлении собственника (владельца) транспортного средства данных о том, что в случаях, предусмотренных пунктом 4 настоящей части, транспортное средство находилось во владении или в пользовании другого лица. (часть первая в ред. Федерального закона от 24.07.2007 N 210-ФЗ)
1.1. Поводами к возбуждению дел об административных правонарушениях, предусмотренных статьями 14.12, 14.13, 14.23 настоящего Кодекса, являются поводы, указанные в пунктах 1 и 2 части 1 настоящей статьи, а также сообщения и заявления собственника имущества унитарного предприятия, органов управления юридического лица, арбитражного управляющего, а при рассмотрении дела о банкротстве - собрания (комитета) кредиторов. (часть первая.1 введена Федеральным законом от 24.07.2007 N 210-ФЗ)
1.2. Поводом к возбуждению дел об административных правонарушениях, предусмотренных статьями 14.9, 14.31, 14.31.1 - 14.33 настоящего Кодекса, является принятие комиссией антимонопольного органа решения, которым установлен факт нарушения антимонопольного законодательства Российской Федерации. (часть 1.2 введена Федеральным законом от 17.07.2009 N 160-ФЗ, в ред. Федерального закона от 06.12.2011 N 404-ФЗ)
2. Указанные в частях 1 и 1.1 настоящей статьи материалы, сообщения, заявления подлежат рассмотрению должностными лицами, уполномоченными составлять протоколы об административных правонарушениях. (в ред. Федерального закона от 24.07.2007 N 210-ФЗ)
3. Дело об административном правонарушении может быть возбуждено должностным лицом, уполномоченным составлять протоколы об административных правонарушениях, только при наличии хотя бы одного из поводов, предусмотренных частями 1 и 1.1 настоящей статьи, и достаточных данных, указывающих на наличие события административного правонарушения. (в ред. Федерального закона от 24.07.2007 N 210-ФЗ)
4. Дело об административном правонарушении считается возбужденным с момента:
1) составления протокола осмотра места совершения административного правонарушения;
2) составления первого протокола о применении мер обеспечения производства по делу об административном правонарушении, предусмотренных статьей 27.1 настоящего Кодекса;
3) составления протокола об административном правонарушении или вынесения прокурором постановления о возбуждении дела об административном правонарушении;
4) вынесения определения о возбуждении дела об административном правонарушении при необходимости проведения административного расследования, предусмотренного статьей 28.7 настоящего Кодекса;
5) утратил силу. - Федеральный закон от 09.11.2009 N 249-ФЗ;
6) вынесения постановления по делу об административном правонарушении в случае, предусмотренном частью 1 или 3 статьи 28.6 настоящего Кодекса. (в ред. Федерального закона от 09.11.2009 N 249-ФЗ) (часть четвертая в ред. Федерального закона от 24.07.2007 N 210-ФЗ)
5. В случае отказа в возбуждении дела об административном правонарушении при наличии материалов, сообщений, заявлений, указанных в пунктах 2 и 3 части 1 настоящей статьи, должностным лицом, рассмотревшим указанные материалы, сообщения, заявления, выносится мотивированное определение об отказе в возбуждении дела об административном правонарушении.
Статья 28.1.1. Протокол осмотра места совершения административного правонарушения
(введена Федеральным законом от 24.07.2007 N 210-ФЗ)
1. В случае совершения административного правонарушения, предусмотренного статьей 12.24 или частью 2 статьи 12.30 настоящего Кодекса, составляется протокол осмотра места совершения административного правонарушения.
2. Протокол осмотра места совершения административного правонарушения составляется немедленно после выявления совершения административного правонарушения.
3. Осмотр места совершения административного правонарушения осуществляется лицами, уполномоченными составлять протоколы об административных правонарушениях в соответствии с частью 1 статьи 28.3 настоящего Кодекса, в присутствии двух понятых.
4. В протоколе осмотра места совершения административного правонарушения указываются дата и место его составления, должность, фамилия и инициалы лица, составившего протокол, сведения о лице, непосредственно управлявшем транспортным средством в момент совершения административного правонарушения, о типе, марке, модели, государственном регистрационном знаке транспортного средства, а также фамилии, имена, отчества, адреса места жительства понятых, свидетелей и потерпевших, если имеются свидетели и потерпевшие, место, время совершения и событие административного правонарушения, статья настоящего Кодекса, предусматривающая административную ответственность за данное административное правонарушение, иные сведения, необходимые для разрешения дела.
5. В протоколе осмотра места совершения административного правонарушения описываются:
1) действия должностных лиц, указанных в части 3 статьи 28.1.1 настоящего Кодекса, в том порядке, в каком они производились;
2) состояние и качество дорожного полотна, наличие или отсутствие дорожной разметки, степень освещенности участка дороги, на котором совершено административное правонарушение;
3) тип перекрестка (регулируемый или нерегулируемый), на котором совершено административное правонарушение, исправность или неисправность светофора, наличие или отсутствие знаков приоритета;
4) другие существенные для данного дела обстоятельства.
6. В протоколе осмотра места совершения административного правонарушения излагаются также заявления лиц, участвовавших в производстве осмотра.
7. При составлении протокола осмотра места совершения административного правонарушения лицам, участвующим в осмотре места совершения административного правонарушения, разъясняются их права и обязанности, предусмотренные настоящим Кодексом, о чем делается запись в протоколе.
8. В протоколе осмотра места совершения административного правонарушения делается запись о применении фото- и киносъемки, видеозаписи, иных установленных способов фиксации вещественных доказательств. Материалы, полученные при производстве осмотра с применением фото- и киносъемки, видеозаписи, иных установленных способов фиксации вещественных доказательств, прилагаются к соответствующему протоколу.
9. Протокол осмотра места совершения административного правонарушения подписывается составившим его должностным лицом, а также лицами, участвовавшими в производстве осмотра. Копии протокола осмотра места совершения административного правонарушения вручаются лицам, непосредственно управлявшим транспортными средствами в момент совершения административного правонарушения.
Статья 28.2. Протокол об административном правонарушении
1. О совершении административного правонарушения составляется протокол, за исключением случаев, предусмотренных статьей 28.4, частями 1 и 3 статьи 28.6 настоящего Кодекса. (в ред. Федеральных законов от 24.07.2007 N 210-ФЗ, от 18.07.2011 N 225-ФЗ)
2. В протоколе об административном правонарушении указываются дата и место его составления, должность, фамилия и инициалы лица, составившего протокол, сведения о лице, в отношении которого возбуждено дело об административном правонарушении, фамилии, имена, отчества, адреса места
жительства свидетелей и потерпевших, если имеются свидетели и потерпевшие, место, время совершения и событие административного правонарушения, статья настоящего Кодекса или закона субъекта Российской Федерации, предусматривающая административную ответственность за данное административное правонарушение, объяснение физического лица или законного представителя юридического лица, в отношении которых возбуждено дело, иные сведения, необходимые для разрешения дела.
3. При составлении протокола об административном правонарушении физическому лицу или законному представителю юридического лица, в отношении которых возбуждено дело об административном правонарушении, а также иным участникам производства по делу разъясняются их права и обязанности, предусмотренные настоящим Кодексом, о чем делается запись в протоколе.
4. Физическому лицу или законному представителю юридического лица, в отношении которых возбуждено дело об административном правонарушении, должна быть предоставлена возможность ознакомления с протоколом об административном правонарушении. Указанные лица вправе представить объяснения и замечания по содержанию протокола, которые прилагаются к протоколу.
4.1. В случае неявки физического лица, или законного представителя физического лица, или законного представителя юридического лица, в отношении которых ведется производство по делу об административном правонарушении, если они извещены в установленном порядке, протокол об административном правонарушении составляется в их отсутствие. Копия протокола об административном правонарушении направляется лицу, в отношении которого он составлен, в течение трех дней со дня составления указанного протокола. (часть четвертая.1 введена Федеральным законом от 24.07.2007 N 210-ФЗ)
5. Протокол об административном правонарушении подписывается должностным лицом, его составившим, физическим лицом или законным представителем юридического лица, в отношении которых возбуждено дело об административном правонарушении. В случае отказа указанных лиц от подписания протокола, а также в случае, предусмотренном частью 4.1 настоящей статьи, в нем делается соответствующая запись. (в ред. Федерального закона от 24.07.2007 N 210-ФЗ)
6. Физическому лицу или законному представителю юридического лица, в отношении которых возбуждено дело об административном правонарушении, а также потерпевшему вручается под расписку копия протокола об административном правонарушении. (в ред. Федерального закона от 08.12.2003 N 161-ФЗ)
Статья 28.3. Должностные лица, уполномоченные составлять протоколы об административных правонарушениях
1. Протоколы об административных правонарушениях, предусмотренных настоящим Кодексом, составляются должностными лицами органов, уполномоченных рассматривать дела об административных правонарушениях в соответствии с главой 23 настоящего Кодекса, в пределах компетенции соответствующего органа.
2. Помимо случаев, предусмотренных частью 1 настоящей статьи, протоколы об административных правонарушениях вправе составлять должностные лица федеральных органов исполнительной власти, их структурных подразделений и территориальных органов, должностные лица иных государственных органов в соответствии с задачами и функциями, возложенными на них федеральными законами либо нормативными правовыми актами Президента Российской Федерации или Правительства Российской Федерации, должностные лица органов исполнительной власти субъектов Российской Федерации в случае передачи им полномочий Российской Федерации на осуществление государственного контроля и надзора, указанные в настоящей статье: (в ред. Федерального закона от 28.12.2009 N 380-ФЗ)
1) должностные лица органов внутренних дел (полиции) - об административных правонарушениях, предусмотренных статьями 5.6, 5.10 - 5.12, 5.14 - 5.16, 5.22, 5.35 - 5.38, 5.40, 5.43, 5.47, 5.49, 6.8 - 6.13, 6.15, 6.16, 6.16.1, 7.1, статьей 7.2 (в части уничтожения или повреждения скважин государственной опорной наблюдательной сети, наблюдательных режимных створов на водных объектах, специальных информационных знаков, определяющих границы прибрежных защитных полос и водоохранных зон водных объектов, в том числе прибрежных полос внутренних морских вод и территориального моря Российской Федерации, знаков, информирующих граждан об ограничении водопользования на водных объектах общего
пользования), статьями 7.3 - 7.6, статьей 7.7 (в части повреждения объектов и систем водоснабжения), статьями 7.9, 7.11 - 7.15, 7.17, 7.19, статьей 7.20 (в части самовольного подключения к централизованным системам водоснабжения), статьями 7.27, 7.27.1, 8.2, статьей 8.3 (в части административных правонарушений, относящихся к нарушению правил обращения с пестицидами и агрохимикатами при хранении и транспортировке пестицидов и агрохимикатов), статьей 8.5, статьей 8.6 (в части административных правонарушений, относящихся к транспортировке самовольно снятой почвы), частями 1 и 3 - 5 статьи 8.13, частью 2 статьи 8.17, статьями 8.28 - 8.32, частями 1 и 2 статьи 8.37, статьями 8.42, 9.7, 9.10, статьей 10.2 (при проведении карантинных мероприятий во время эпидемий и эпизоотии), статьей 10.3 (при проведении карантинных мероприятий во время эпидемий и эпизоотии), статьей 10.5.1, частью 2 статьи 11.1, частями 1 - 4 статьи 11.3, частью 7 статьи 11.5, частью 2 статьи 11.6 (за исключением административных правонарушений по уничтожению или повреждению сооружений и устройств связи и сигнализации на судах морского транспорта, внутреннего водного транспорта), частями 4 - 6 статьи 11.17, статьями 11.21, 11.22, 11.26, 11.27, 11.29, частью 4 статьи 12.2, частями 2 и 2.1 статьи 12.3, частями 1, 2 и частью 3 (в случаях незаконного нанесения цветографической схемы легкового такси) статьи 12.4, частями 3, 4 - 7 статьи 12.5, частью 2 статьи 12.7, статьей 12.8, частью 3 статьи 12.10, частью 4 статьи 12.15, статьей 12.26, частями 2 и 3 статьи 12.27, статьями 13.2 - 13.4, 13.10, частями 1, 2 и 5 статьи 13.12, статьями 13.13, 13.14, частью 2 статьи 13.15, статьями 13.21, 14.1, частями 1 и 2 статьи 14.1.1, статьей 14.2, частью 1 статьи 14.4 (в части соблюдения требований законодательства об оружии), статьей 14.7 (по обращениям граждан), статьями 14.10, 14.14, статьей 14.15 (в части нарушения правил продажи автомобилей, мототехники, прицепов и номерных агрегатов, изделий из драгоценных металлов и драгоценных камней, лекарственных препаратов и изделий медицинского назначения, товаров бытовой химии, экземпляров аудиовизуальных произведений и фонограмм, программ для электронных вычислительных машин и баз данных, оружия и патронов к нему, этилового спирта, алкогольной и спиртосодержащей продукции, а также пива и напитков, изготавливаемых на его основе), частями 1 - 3 статьи 14.16, частью 4 статьи 14.16 (в части розничной продажи пива и напитков, изготавливаемых на его основе), статьями 14.17, 14.18, 14.23, частями 1 и 5 статьи 14.34, статьями 14.37, 14.38, 14.43 (в части транспортных средств, находящихся в эксплуатации на территории Российской Федерации), статьями 15.13, 15.14, 17.1 - 17.3, 17.7, 17.9 - 17.13, 18.2 - 18.4, 18.8, 18.9, 18.11, 18.12, 18.14, 19.1, 19.3 - 19.7, 19.11 - 19.17, 19.20, 19.23, 19.33, 20.2, 20.3, частью 8 статьи 20.4, статьями 20.5, 20.6, частями 2 и 6 статьи 20.8, статьями 20.9, 20.13, 20.15, 20.18, 20.19, частью 4 статьи 20.20, статьей 20.22, частью 2 статьи 20.23, статьей 20.24 (в отношении частных детективов (охранников), частью 2 статьи 20.25, статьями 20.28, 20.29 настоящего Кодекса; (в ред. Федеральных законов от 28.12.2009 N 380-ФЗ, от 19.05.2010 N 87-ФЗ, от 31.05.2010 N 108-ФЗ, от 23.07.2010 N 175-ФЗ, от 28.12.2010 N 398-ФЗ, от 07.02.2011 N 4-ФЗ, от 21.04.2011 N 69-ФЗ, от 03.06.2011 N 120-ФЗ, от 18.07.2011 N 237-ФЗ, от 20.07.2011 N 250-ФЗ, от 07.12.2011 N 420-ФЗ, от 01.03.2012 N 18-ФЗ)
2) - 3) утратили силу. - Федеральный закон от 28.12.2009 N 380-ФЗ;
4) должностные лица органов, уполномоченных на осуществление функций в сфере государственной регистрации некоммерческих организаций, в том числе отделений международных организаций и иностранных некоммерческих неправительственных организаций, общественных объединений, политических партий и религиозных организаций, и контроля за их деятельностью, - об административных правонарушениях, предусмотренных статьей 5.26, частью 1 статьи 19.4, частью 1 статьи 19.5, статьями 19.6, 19.7 настоящего Кодекса; (п. 4 в ред. Федерального закона от 28.12.2009 N 380-ФЗ)
5) должностные лица налоговых органов - об административных правонарушениях, предусмотренных частью 3 статьи 14.1.1, статьями 15.3 - 15.9, 15.11, частью 3 статьи 18.15, частью 3 статьи 18.17, частью 1 статьи 19.4, частью 1 статьи 19.5, статьями 19.6, 19.7 настоящего Кодекса; (в ред. Федеральных законов от 19.07.2007 N 141-ФЗ, от 20.07.2011 N 250-ФЗ)
6) утратил силу. - Федеральный закон от 30.06.2003 N 86-ФЗ;
7) должностные лица органов, специально уполномоченных на решение задач в области гражданской обороны, защиты населения и территорий от чрезвычайных ситуаций природного и техногенного характера, - об административных правонарушениях, предусмотренных статьей 9.19, частью 1 статьи 19.4, частью 1 статьи 19.5, статьями 19.6, 19.7, 20.5 - 20.7 настоящего Кодекса; (в ред. Федерального закона от 27.07.2010 N 226-ФЗ)
8) должностные лица органов, осуществляющих государственную регистрацию юридических лиц и индивидуальных предпринимателей, - об административных правонарушениях, предусмотренных частью 1
статьи 14.1, частью 4 статьи 14.25 настоящего Кодекса; (в ред. Федерального закона от 08.12.2003 N 169-ФЗ)
9) должностные лица органов, осуществляющих государственную регистрацию прав на недвижимое имущество и сделок с ним, - об административных правонарушениях, предусмотренных статьей 19.21 настоящего Кодекса; (в ред. Федерального закона от 29.04.2006 N 57-ФЗ)
10) должностные лица федерального органа исполнительной власти, осуществляющего функции по контролю (надзору) за деятельностью арбитражных управляющих и саморегулируемых организаций арбитражных управляющих, - об административных правонарушениях, предусмотренных статьями 14.12, 14.13, частью 1 статьи 19.4, частью 1 статьи 19.5, статьями 19.6, 19.7 настоящего Кодекса, в случае, если данные правонарушения совершены арбитражными управляющими, а также об административных правонарушениях, предусмотренных статьей 14.23 настоящего Кодекса; (п. 10 в ред. Федерального закона от 28.12.2009 N 380-ФЗ)
11) должностные лица органов, осуществляющих функции по контролю и надзору в финансово-бюджетной сфере, - об административных правонарушениях, предусмотренных частью 1 статьи 19.4, частью 1 статьи 19.5, статьями 19.6, 19.7 настоящего Кодекса; (в ред. Федерального закона от 28.12.2004 N 183-ФЗ)
12) должностные лица таможенных органов - об административных правонарушениях, предусмотренных статьями 6.15, 6.16, частью 1 статьи 7.12, статьями 11.14, 11.15, 14.10, 14.50, частью 1 статьи 15.6, частью 2 статьи 15.7, статьями 15.8, 15.9, частью 2 статьи 16.1, частью 1 статьи 19.4, частью 1 статьи 19.5, статьями 19.6, 19.7, 19.26, частью 2 статьи 20.23 настоящего Кодекса; (в ред. Федеральных законов от 20.08.2004 N 118-ФЗ, от 09.05.2005 N 45-ФЗ, от 30.12.2006 N 266-ФЗ, от 28.06.2009 N 122-ФЗ, от 18.07.2011 N 237-ФЗ, от 06.12.2011 N 409-ФЗ)
13) должностные лица органов экспортного контроля - об административных правонарушениях, предусмотренных статьей 19.6 настоящего Кодекса; (в ред. Федерального закона от 08.05.2006 N 65-ФЗ)
14) должностные лица пограничных органов - об административных правонарушениях, предусмотренных частью 1 статьи 19.4, частью 1 статьи 19.5, статьями 19.6, 19.7 настоящего Кодекса; (в ред. Федеральных законов от 30.06.2003 N 86-ФЗ, от 07.03.2005 N 15-ФЗ)
15) должностные лица органов, уполномоченных на осуществление функций по контролю и надзору в сфере миграции, - об административных правонарушениях, предусмотренных статьями 18.11 - 18.14, частью 3 статьи 19.3, частью 1 статьи 19.4, частью 1 статьи 19.5, статьями 19.6, 19.7, частью 3 статьи 20.25 настоящего Кодекса; (в ред. Федеральных законов от 28.12.2004 N 187-ФЗ, от 18.07.2006 N 121-ФЗ, от 05.11.2006 N 189-ФЗ, от 06.12.2011 N 410-ФЗ)
16) должностные лица федерального органа исполнительной власти, осуществляющего государственный надзор и контроль за соблюдением трудового законодательства и иных нормативных правовых актов, содержащих нормы трудового права, и его территориальных органов - об административных правонарушениях, предусмотренных частью 2 статьи 5.27, частью 1 статьи 19.4, частью 1 статьи 19.5, статьями 19.6, 19.7 настоящего Кодекса; (п. 16 в ред. Федерального закона от 28.12.2009 N 380-ФЗ)
17) должностные лица органов социальной защиты - об административных правонарушениях, предусмотренных статьями 5.41 - 5.43, 9.13, 9.14, 11.24, частью 1 статьи 19.5, статьями 19.6, 19.7 настоящего Кодекса;
18) должностные лица органов, осуществляющих функции по контролю и надзору в сфере здравоохранения, - об административных правонарушениях, предусмотренных статьями 6.2, 6.15, 6.16, 6.16.1, 14.43, 14.44, 14.46, частью 1 статьи 19.4, частью 15 статьи 19.5, статьей 19.33 настоящего Кодекса; (в ред. Федеральных законов от 28.12.2009 N 380-ФЗ, от 18.07.2011 N 237-ФЗ, от 01.03.2012 N 18-ФЗ)
19) должностные лица органов, осуществляющих функции по контролю и надзору в сфере обеспечения санитарно-эпидемиологического благополучия населения, - об административных правонарушениях, предусмотренных статьями 6.1, 14.26, частью 1 статьи 14.34, статьями 14.43 - 14.46,
частью 1 статьи 19.4, частями 1 и 15 статьи 19.5, статьями 19.6, 19.7, 19.33 настоящего Кодекса; (в ред. Федеральных законов от 28.12.2009 N 380-ФЗ, от 18.07.2011 N 237-ФЗ)
20) утратил силу. - Федеральный закон от 28.12.2009 N 380-ФЗ;
21) должностные лица органов, осуществляющих государственный ветеринарный надзор, - об административных правонарушениях, предусмотренных статьями 14.43 - 14.46, частью 1 статьи 19.4, частями 1 и 15 статьи 19.5, статьями 19.6, 19.7, 19.33 настоящего Кодекса; (в ред. Федерального закона от 18.07.2011 N 237-ФЗ)
22) должностные лица органов, осуществляющих государственный карантинный фитосанитарный контроль, государственный надзор и контроль за безопасным обращением с пестицидами и агрохимикатами, за качеством и безопасностью зерна и продуктов его переработки и государственный контроль за использованием и охраной земель сельскохозяйственного назначения, - об административных правонарушениях, предусмотренных статьями 14.43 - 14.46, частью 1 статьи 19.4, частями 1 и 15 статьи 19.5, статьями 19.6, 19.7, 19.33 настоящего Кодекса; (в ред. Федеральных законов от 28.12.2009 N 380-ФЗ, от 18.07.2011 N 237-ФЗ)
23) - 26) утратили силу. - Федеральный закон от 28.12.2009 N 380-ФЗ;
27) должностные лица органов, уполномоченных в области управления племенным животноводством, - об административных правонарушениях, предусмотренных статьей 10.11, частью 1 статьи 19.4, частью 1 статьи 19.5, статьями 19.6, 19.7 настоящего Кодекса;
28) должностные лица органов, осуществляющих государственный надзор и контроль в области мелиорации земель, - об административных правонарушениях, предусмотренных частью 1 статьи 19.4, частью 1 статьи 19.5, статьями 19.6, 19.7 настоящего Кодекса;
29) должностные лица органов, осуществляющих государственный контроль за охраной и использованием земель, - об административных правонарушениях, предусмотренных частью 1 статьи 19.4, частью 1 статьи 19.5, статьями 19.6, 19.7 настоящего Кодекса;
30) должностные лица органов, осуществляющих государственный контроль за геологическим изучением, рациональным использованием и охраной недр, - об административных правонарушениях, предусмотренных частью 1 статьи 19.4, частью 1 статьи 19.5, статьями 19.6, 19.7 настоящего Кодекса; (в ред. Федерального закона от 28.12.2009 N 380-ФЗ)
31) должностные лица органов, осуществляющих государственный контроль и надзор за использованием и охраной водных объектов, - об административных правонарушениях, предусмотренных статьей 9.19, статьями 14.43, 14.44, частью 1 статьи 19.4, частями 1 и 15 статьи 19.5, статьями 19.6, 19.7, 19.33 настоящего Кодекса; (в ред. Федеральных законов от 03.06.2006 N 73-ФЗ, от 27.07.2010 N 226-ФЗ, от 18.07.2011 N 237-ФЗ)
32) должностные лица органов, осуществляющих государственный лесной контроль и надзор, - об административных правонарушениях, предусмотренных частью 2 статьи 8.28, частью 1 статьи 19.4, частью 1 статьи 19.5, статьями 19.6, 19.7 настоящего Кодекса; (в ред. Федеральных законов от 02.07.2005 N 82-ФЗ, от 04.12.2006 N 201-ФЗ, от 28.12.2009 N 380-ФЗ)
33) должностные лица органов, осуществляющих функции по контролю в области организации и функционирования особо охраняемых природных территорий федерального значения, - об административных правонарушениях, предусмотренных частью 1 статьи 19.4, частью 1 статьи 19.5, статьями 19.6, 19.7 настоящего Кодекса; (в ред. Федерального закона от 28.12.2009 N 380-ФЗ)
34) должностные лица органов, осуществляющих функции по охране, контролю и регулированию использования объектов животного мира и среды их обитания, - об административных правонарушениях, предусмотренных частью 1 статьи 19.4, частью 1 статьи 19.5, статьями 19.6, 19.7 настоящего Кодекса; (в ред. Федеральных законов от 29.12.2006 N 258-ФЗ, от 28.12.2009 N 380-ФЗ)
35) должностные лица органов, осуществляющих контроль и надзор в области рыболовства и сохранения водных биологических ресурсов и среды их обитания, - об административных правонарушениях, предусмотренных частью 1 статьи 19.4, частью 1 статьи 19.5, статьями 19.6, 19.7
настоящего Кодекса; (в ред. Федерального закона от 28.12.2009 N 380-ФЗ)
36) должностные лица органов гидрометеорологии и мониторинга окружающей среды - об административных правонарушениях, предусмотренных частями 3 и 4 статьи 8.40, частью 1 статьи 19.4, частью 1 статьи 19.5, статьями 19.6, 19.7 настоящего Кодекса; (в ред. Федерального закона от 02.07.2005 N 80-ФЗ)
37) должностные лица органов, осуществляющих государственный экологический контроль, - об административных правонарушениях, предусмотренных статьями 14.26, 14.43, частью 1 статьи 19.4, частями 1 и 15 статьи 19.5, статьями 19.6, 19.7, 19.33 настоящего Кодекса; (в ред. Федеральных законов от 04.07.2003 N 103-ФЗ, от 18.07.2011 N 237-ФЗ)
38) должностные лица органов государственного энергетического надзора - об административных правонарушениях, предусмотренных статьей 7.19 (в отношении должностных лиц и юридических лиц), частью 1 статьи 19.4, частью 1 статьи 19.5, статьями 19.6, 19.7 настоящего Кодекса; (в ред. Федерального закона от 28.12.2009 N 380-ФЗ)
39) должностные лица органов, осуществляющих государственный контроль и надзор в сфере безопасного ведения работ, связанных с пользованием недрами, промышленной безопасности и безопасности гидротехнических сооружений, - об административных правонарушениях, предусмотренных статьями 7.5, 7.7, статьей 7.10 (в части самовольной уступки права пользования недрами и самовольной мены участка недр), частью 3 статьи 9.1, частью 2 статьи 9.5, статьями 9.7, 9.8, 9.10, 9.11, частями 2, 3 и 4 статьи 14.1, статьями 14.43, 14.44, 19.4, частями 1 и 15 статьи 19.5, статьями 19.6, 19.7, 19.33, частями 1 - 6 статьи 20.4 настоящего Кодекса; (в ред. Федеральных законов от 02.07.2005 N 80-ФЗ, от 28.12.2009 N 380-ФЗ, от 03.06.2011 N 120-ФЗ, от 18.07.2011 N 237-ФЗ)
40) утратил силу. - Федеральный закон от 28.12.2009 N 380-ФЗ;
41) должностные лица органов, осуществляющих функции по контролю и надзору в сфере безопасности при использовании атомной энергии, - об административных правонарушениях, предусмотренных статьями 14.43 и 14.49 (в части объектов, для которых устанавливаются требования, связанные с обеспечением ядерной и радиационной безопасности в области использования атомной энергии), частью 1 статьи 19.4, частями 1 и 15 статьи 19.5, статьями 19.6, 19.7, 19.33 настоящего Кодекса; (в ред. Федеральных законов от 28.12.2009 N 380-ФЗ, от 18.07.2011 N 237-ФЗ)
42) должностные лица органов, осуществляющих государственный пожарный надзор, - об административных правонарушениях, предусмотренных частью 1 статьи 14.34, статьями 14.44, 14.46, частью 1 статьи 19.4, частями 12 - 15 статьи 19.5, статьями 19.6, 19.7, статьей 19.13 (в части заведомо ложного вызова пожарной охраны), статьей 19.33 настоящего Кодекса; (в ред. Федеральных законов от 19.07.2007 N 141-ФЗ, от 28.12.2009 N 380-ФЗ, от 03.06.2011 N 120-ФЗ, от 18.07.2011 N 237-ФЗ)
43) должностные лица органов, осуществляющих государственный надзор за техническим состоянием самоходных машин и других видов техники, - об административных правонарушениях, предусмотренных статьями 14.43, 14.44, частью 1 статьи 19.4, частями 1 и 15 статьи 19.5, статьями 19.6, 19.7, 19.33 настоящего Кодекса; (в ред. Федерального закона от 18.07.2011 N 237-ФЗ)
44) должностные лица органов, осуществляющих функции по контролю и надзору в сфере транспорта, - об административных правонарушениях, предусмотренных частью 2 статьи 11.15.1, статьями 11.22, 14.43, 14.44, частью 1 статьи 19.4, частями 1, 10 и 15 статьи 19.5, статьями 19.6, 19.7, 19.33 настоящего Кодекса; (в ред. Федеральных законов от 28.12.2009 N 380-ФЗ, от 27.07.2010 N 195-ФЗ, от 18.07.2011 N 237-ФЗ)
45) - 47) утратили силу. - Федеральный закон от 28.12.2009 N 380-ФЗ;
48) должностные лица органов государственной инспекции по маломерным судам - об административных правонарушениях, предусмотренных частью 1 статьи 19.4, частью 1 статьи 19.5, статьями 19.6, 19.7 настоящего Кодекса;
49) утратил силу. - Федеральный закон от 28.12.2009 N 380-ФЗ;
50) должностные лица органов, уполномоченных в области авиации, - об административных правонарушениях, предусмотренных частью 2 статьи 11.3, частью 7 статьи 11.5, частью 2 статьи 11.15.1, частью 1 статьи 19.4, частями 1 и 10 статьи 19.5, статьями 19.6, 19.7, 19.7.5 настоящего Кодекса; (п. 50 в ред. Федерального закона от 27.07.2010 N 239-ФЗ)
51) должностные лица органов, осуществляющих функции по контролю и надзору в сфере использования воздушного пространства, - об административных правонарушениях, предусмотренных частью 2 статьи 11.15.1, частью 1 статьи 19.4, частями 1 и 10 статьи 19.5, статьями 19.6, 19.7 настоящего Кодекса; (в ред. Федеральных законов от 28.12.2009 N 380-ФЗ, от 27.07.2010 N 195-ФЗ)
52) должностные лица органов, уполномоченных в области обороны, - об административных правонарушениях, предусмотренных частью 2 статьи 11.6 (в части уничтожения или повреждения плавучих и береговых средств навигационного оборудования), статьей 14.49 (в части продукции (работ, услуг), используемой в целях защиты сведений, составляющих государственную тайну или относимых к охраняемой в соответствии с законодательством Российской Федерации иной информации ограниченного доступа, продукции (работ, услуг), сведения о которой составляют государственную тайну, процессов проектирования (включая изыскания), производства, строительства, монтажа, наладки, эксплуатации, хранения, перевозки, реализации, утилизации и захоронения указанной продукции), частью 1 статьи 19.4, частями 1 и 15 статьи 19.5, статьями 19.6, 19.7 настоящего Кодекса; (в ред. Федеральных законов от 28.12.2009 N 380-ФЗ, от 18.07.2011 N 237-ФЗ)
53) должностные лица федерального органа исполнительной власти, уполномоченного в области внешней разведки, его территориальных органов - об административных правонарушениях, предусмотренных статьей 14.49 (в части продукции (работ, услуг), используемой в целях защиты сведений, составляющих государственную тайну или относимых к охраняемой в соответствии с законодательством Российской Федерации иной информации ограниченного доступа, продукции (работ, услуг), сведения о которой составляют государственную тайну, предназначенной для эксплуатации в загранучреждениях Российской Федерации, процессов проектирования (включая изыскания), производства, эксплуатации, хранения, перевозки, реализации, утилизации и захоронения указанной продукции), частью 1 статьи 19.4, частями 1 и 15 статьи 19.5, статьями 19.6, 19.7 настоящего Кодекса; (в ред. Федерального закона от 18.07.2011 N 237-ФЗ)
54) утратил силу. - Федеральный закон от 30.06.2003 N 86-ФЗ;
54.1) должностные лица федерального органа исполнительной власти в области государственной охраны - об административных правонарушениях, предусмотренных частью 5 статьи 19.3, частью 1 статьи 19.4, частью 1 статьи 19.5, статьями 19.6, 19.7, 20.17 настоящего Кодекса; (п. 54.1 введен Федеральным законом от 08.12.2011 N 424-ФЗ)
55) должностные лица федерального органа исполнительной власти, уполномоченного в области противодействия техническим разведкам и технической защиты информации, его территориальных органов - об административных правонарушениях, предусмотренных частью 5 статьи 13.12, статьей 14.49 (в части продукции (работ, услуг), используемой в целях защиты сведений, составляющих государственную тайну или относимых к охраняемой в соответствии с законодательством Российской Федерации иной информации ограниченного доступа, продукции (работ, услуг), сведения о которой составляют государственную тайну, процессов проектирования (включая изыскания), производства, строительства, монтажа, наладки, эксплуатации, хранения, перевозки, реализации, утилизации и захоронения указанной продукции), частью 1 статьи 19.4, частями 1 и 15 статьи 19.5, статьями 19.6, 19.7 настоящего Кодекса; (в ред. Федеральных законов от 02.07.2005 N 80-ФЗ, от 28.12.2009 N 380-ФЗ, от 18.07.2011 N 237-ФЗ)
56) должностные лица федерального органа исполнительной власти, уполномоченного в области безопасности Российской Федерации, его территориальных органов - об административных правонарушениях, предусмотренных статьей 9.19 (в отношении органов безопасности, в которых осуществляют надзорные функции в области промышленной безопасности, пожарной безопасности и безопасной эксплуатации энергетических и тепловых установок), частью 5 статьи 13.12, частью 1 статьи 14.20, статьей 14.49 (в части продукции (работ, услуг), используемой в целях защиты сведений, составляющих государственную тайну или относимых к охраняемой в соответствии с законодательством Российской Федерации иной информации ограниченного доступа, продукции (работ, услуг), сведения о
которой составляют государственную тайну, процессов проектирования (включая изыскания), производства, строительства, монтажа, наладки, эксплуатации, хранения, перевозки, реализации, утилизации и захоронения указанной продукции), частью 4 статьи 19.3, частью 1 статьи 19.4, частями 1 и 15 статьи 19.5, статьями 19.6, 19.7, 20.27 настоящего Кодекса; (в ред. Федеральных законов от 02.07.2005 N 80-ФЗ, от 08.05.2006 N 65-ФЗ, от 27.07.2006 N 153-ФЗ, от 27.07.2010 N 226-ФЗ, от 27.07.2010 N 238-ФЗ, от 18.07.2011 N 237-ФЗ)
57) утратил силу. - Федеральный закон от 28.12.2009 N 380-ФЗ;
58) должностные лица органа, осуществляющего функции по контролю и надзору в сфере связи, информационных технологий и массовых коммуникаций, - об административных правонарушениях, предусмотренных статьями 5.5, 5.10, 5.11, 5.13, 5.51, 6.13, статьей 7.12 (за совершение нарушений в сфере массовых коммуникаций), частями 1 и 2 статьи 13.5, частью 5 статьи 13.12, статьями 13.15, 13.16, 13.20, 13.21, 13.23, частью 1 статьи 19.4, частью 1 статьи 19.5, статьями 19.6, 19.7 настоящего Кодекса; (п. 58 в ред. Федерального закона от 28.12.2009 N 380-ФЗ)
59) должностные лица органов, осуществляющих контроль за соблюдением законодательства об архивном деле, - об административных правонарушениях, предусмотренных статьей 13.20, частью 2 статьи 13.25, частью 1 статьи 19.4, частью 1 статьи 19.5, статьями 19.6, 19.7 настоящего Кодекса; (в ред. Федеральных законов от 09.02.2009 N 9-ФЗ, от 28.12.2009 N 380-ФЗ)
60) утратил силу. - Федеральный закон от 28.12.2009 N 380-ФЗ;
61) должностные лица органов, уполномоченных в области финансовых рынков, - об административных правонарушениях, предусмотренных статьей 14.36, частью 11 статьи 15.23.1, частью 1 статьи 19.4, статьей 19.6 настоящего Кодекса; (в ред. Федеральных законов от 15.04.2006 N 47-ФЗ, от 09.02.2009 N 9-ФЗ, от 19.07.2009 N 205-ФЗ)
62) должностные лица федерального антимонопольного органа и его территориальных органов - об административных правонарушениях, предусмотренных частью 1 статьи 19.4, частями 1 и 2.7 статьи 19.5, статьями 19.6, 19.7 настоящего Кодекса; (в ред. Федеральных законов от 15.04.2006 N 47-ФЗ, от 29.04.2006 N 57-ФЗ, от 28.12.2009 N 380-ФЗ, от 28.12.2010 N 411-ФЗ)
63) должностные лица органов, осуществляющих функции по контролю и надзору в сфере защиты прав потребителей и потребительского рынка, - об административных правонарушениях, предусмотренных статьями 14.1, 14.4, 14.10, частями 1 и 5 статьи 14.34, статьями 14.43 - 14.46 (за исключением нарушений при производстве и обороте (кроме розничной продажи алкогольной и спиртосодержащей продукции) этилового спирта, алкогольной и спиртосодержащей продукции), статьей 15.12, частью 1 статьи 18.17 (в части нарушения допустимой доли иностранных работников, используемых хозяйствующими субъектами, осуществляющими деятельность в сфере розничной торговли на территории Российской Федерации), частью 1 статьи 19.4, частями 1 и 15 статьи 19.5, статьями 19.6, 19.7, статьей 19.33 (за исключением нарушений при производстве и обороте (кроме розничной продажи алкогольной и спиртосодержащей продукции) этилового спирта, алкогольной и спиртосодержащей продукции) настоящего Кодекса; (в ред. Федеральных законов от 28.12.2009 N 380-ФЗ, от 18.07.2011 N 237-ФЗ)
64) должностные лица органов, осуществляющих государственный контроль за производством и оборотом этилового спирта, алкогольной и спиртосодержащей продукции, - об административных правонарушениях, предусмотренных статьей 14.6, частями 1 и 2 статьи 14.16, частями 1, 3 и 4 статьи 14.17, статьями 14.18, 14.43 - 14.46 (в части нарушений при производстве и обороте (кроме розничной продажи алкогольной и спиртосодержащей продукции) этилового спирта, алкогольной и спиртосодержащей продукции), 15.12, 15.13, частью 1 статьи 19.4, частями 1 и 15 статьи 19.5, статьями 19.6, 19.7, статьей 19.33 (в части нарушений при производстве и обороте (кроме розничной продажи алкогольной и спиртосодержащей продукции) этилового спирта, алкогольной и спиртосодержащей продукции) настоящего Кодекса; (в ред. Федеральных законов от 28.12.2009 N 380-ФЗ, от 18.07.2011 N 237-ФЗ)
65) должностные лица органов, уполномоченных в области государственного регулирования тарифов, - об административных правонарушениях, предусмотренных частью 1 статьи 19.4, частью 1 статьи 19.5, статьями 19.6, 19.7 настоящего Кодекса; (в ред. Федерального закона от 28.12.2009 N 380-ФЗ)
66) должностные лица органов, осуществляющих государственный контроль и надзор за соблюдением обязательных требований к продукции и государственный метрологический надзор, - об административных правонарушениях, предусмотренных статьями 14.43 - 14.46, частью 1 статьи 15.12, частью 1 статьи 19.4, частями 1 и 15 статьи 19.5, статьями 19.6, 19.7, 19.33 настоящего Кодекса; (в ред. Федеральных законов от 28.12.2009 N 380-ФЗ, от 18.07.2011 N 237-ФЗ)
67) должностные лица органов государственного статистического учета - об административных правонарушениях, предусмотренных частью 1 статьи 19.4, частью 1 статьи 19.5, статьями 19.6, 19.7 настоящего Кодекса;
68) утратил силу. - Федеральный закон от 28.12.2009 N 380-ФЗ;
69) должностные лица органов, осуществляющих государственный контроль за использованием и сохранностью жилищного фонда независимо от его формы собственности, соблюдением правил содержания общего имущества собственников помещений в многоквартирном доме, соответствием жилых помещений, качества, объема и порядка предоставления коммунальных услуг установленным требованиям, - об административных правонарушениях, предусмотренных статьей 7.23.1, частью 1 статьи 19.4, частью 1 статьи 19.5, статьями 19.6, 19.7 настоящего Кодекса; (в ред. Федеральных законов от 28.12.2009 N 380-ФЗ, от 06.12.2011 N 403-ФЗ)
70) должностные лица уполномоченных на осуществление государственного строительного надзора федерального органа исполнительной власти, органов исполнительной власти субъектов Российской Федерации - об административных правонарушениях, предусмотренных статьей 14.44, частью 1 статьи 19.4, частями 6 и 15 статьи 19.5, статьями 19.6, 19.7 и 19.33 настоящего Кодекса; (в ред. Федеральных законов от 18.12.2006 N 232-ФЗ, от 18.07.2011 N 237-ФЗ)
71) должностные лица органов, уполномоченных в области приватизации и управления государственным имуществом, - об административных правонарушениях, предусмотренных частью 1 статьи 19.4, частью 1 статьи 19.5, статьями 19.6, 19.7 настоящего Кодекса;
72) должностные лица органов, осуществляющих государственный контроль в области сохранения, использования, популяризации объектов культурного наследия и их государственную охрану, - об административных правонарушениях, предусмотренных статьей 7.15, частью 1 статьи 19.4, частью 1 статьи 19.5, статьями 19.6, 19.7 настоящего Кодекса; (в ред. Федерального закона от 28.12.2009 N 380-ФЗ)
73) должностные лица органов, осуществляющих государственный геодезический надзор, а также государственный контроль в области наименований географических объектов, - об административных правонарушениях, предусмотренных частью 1 статьи 19.4, частью 1 статьи 19.5, статьями 19.6, 19.7 настоящего Кодекса;
74) должностные лица органов, уполномоченных в области правовой защиты результатов интеллектуальной деятельности военного, специального и двойного назначения, - об административных правонарушениях, предусмотренных частью 1 статьи 14.20, частью 1 статьи 19.5, статьями 19.6, 19.7 настоящего Кодекса;
75) должностные лица органов, уполномоченных в области защиты патентных прав, - об административных правонарушениях, предусмотренных частью 2 статьи 7.12, статьей 7.28, частью 1 статьи 19.5, статьями 19.6, 19.7 настоящего Кодекса; (в ред. Федерального закона от 28.12.2009 N 380-ФЗ)
76) утратил силу. - Федеральный закон от 28.12.2009 N 380-ФЗ;
77) должностные лица органов, уполномоченных на осуществление функций по принудительному исполнению исполнительных документов и обеспечению установленного порядка деятельности судов, - об административных правонарушениях, предусмотренных частями 2 и 3 статьи 5.35, статьями 17.3 - 17.6, 17.8, 17.9, частями 2 и 2.1 статьи 17.14, статьей 17.16, частью 1 статьи 19.4, частью 1 статьи 19.5, статьями 19.6, 19.7 настоящего Кодекса; (в ред. Федеральных законов от 18.07.2011 N 225-ФЗ, от 07.12.2011 N 420-ФЗ)
78) должностные лица подразделения воинской части, органа управления внутренних войск Министерства внутренних дел Российской Федерации - об административных правонарушениях,
предусмотренных частью 1 статьи 19.3, частью 3 статьи 20.2, статьями 20.5, 20.13, 20.17 - 20.19 настоящего Кодекса;
79) должностные лица, осуществляющие контртеррористическую операцию, - об административных правонарушениях, предусмотренных статьей 20.27 настоящего Кодекса;
80) должностные лица органов и агентов валютного контроля - об административных правонарушениях, предусмотренных статьей 15.25, частью 1 статьи 19.4, частью 1 статьи 19.5, статьями 19.6, 19.7 настоящего Кодекса; (в ред. Федерального закона от 20.08.2004 N 118-ФЗ)
В соответствии с Федеральным законом от 27.06.2011 N 162-ФЗ, вступающим в силу по истечении одного года после дня его официального опубликования, пункт 81 части 2 статьи 28.3 будет изложен в новой редакции:
"81) должностные лица Банка России - об административных правонарушениях, предусмотренных статьей 15.26, частями 1 - 4 статьи 15.27, статьей 15.36 (за исключением административных правонарушений, совершенных кредитной организацией) настоящего Кодекса;".
81) должностные лица Банка России - об административных правонарушениях, предусмотренных статьей 15.26, частями 1 - 3 статьи 15.27 настоящего Кодекса; (в ред. Федеральных законов от 23.07.2010 N 176-ФЗ, от 08.11.2011 N 308-ФЗ)
82) должностные лица органов, осуществляющих контроль за исполнением законодательства о противодействии легализации (отмыванию) доходов, полученных преступным путем, и финансированию терроризма, - об административных правонарушениях, предусмотренных частью 1 статьи 19.4, частью 1 статьи 19.5, статьями 19.6, 19.7 настоящего Кодекса; (п. 82 введен Федеральным законом от 30.10.2002 N 130-ФЗ, в ред. Федерального закона от 30.06.2003 N 86-ФЗ)
83) должностные лица органов по контролю за оборотом наркотических средств и психотропных веществ - об административных правонарушениях, предусмотренных статьями 6.8, 6.9, 6.13, 6.15, 6.16, 6.16.1, 6.18, 10.5.1, частью 3 статьи 19.3, частью 1 статьи 19.4, частью 1 статьи 19.5, статьями 19.6, 19.7, частью 4 статьи 20.20, статьей 20.22 (в случаях потребления наркотических средств или психотропных веществ) настоящего Кодекса; (п. 83 введен Федеральным законом от 30.06.2003 N 86-ФЗ, в ред. Федеральных законов от 08.12.2003 N 161-ФЗ, от 09.05.2005 N 45-ФЗ, от 28.06.2009 N 122-ФЗ, от 19.05.2010 N 87-ФЗ, от 06.12.2011 N 413-ФЗ, от 01.03.2012 N 18-ФЗ)
84) должностные лица органов, регулирующих отношения в области организации и проведения лотерей, - об административных правонарушениях, предусмотренных статьей 14.27, частью 1 статьи 19.4, частью 1 статьи 19.5, статьями 19.6 и 19.7 настоящего Кодекса; (п. 84 введен Федеральным законом от 11.11.2003 N 138-ФЗ)
85) должностные лица органов, осуществляющих государственный контроль за безопасностью взрывоопасных производств, - об административных правонарушениях, предусмотренных частью 3 статьи 9.1 настоящего Кодекса; (п. 85 введен Федеральным законом от 02.07.2005 N 80-ФЗ)
86) должностные лица федерального органа исполнительной власти, ведающего вопросами занятости населения, - об административных правонарушениях, предусмотренных частью 3 статьи 18.15, частью 1 статьи 19.5 и статьей 19.7 настоящего Кодекса; (п. 86 введен Федеральным законом от 29.12.2006 N 258-ФЗ, в ред. Федерального закона от 19.07.2007 N 141-ФЗ)
87) должностные лица органов исполнительной власти субъектов Российской Федерации, осуществляющих переданные полномочия Российской Федерации в области содействия занятости населения, - об административных правонарушениях, предусмотренных статьями 5.42 и 19.7 настоящего Кодекса; (п. 87 введен Федеральным законом от 18.10.2007 N 230-ФЗ)
88) должностные лица федерального органа исполнительной власти, уполномоченного на
выполнение функций по контролю за осуществлением иностранных инвестиций в Российской Федерации, - об административных правонарушениях, предусмотренных статьями 19.6 и 19.7 настоящего Кодекса; (п. 88 введен Федеральным законом от 29.04.2008 N 58-ФЗ)
89) должностные лица органов исполнительной власти, уполномоченных на осуществление государственного строительного надзора, - об административных правонарушениях, предусмотренных статьей 9.5.1 настоящего Кодекса; (п. 89 введен Федеральным законом от 22.07.2008 N 148-ФЗ)
90) должностные лица органов, осуществляющих надзор и контроль за соблюдением законодательства Российской Федерации в области образования, - об административных правонарушениях, предусмотренных статьей 5.57, частью 1 статьи 19.4, частью 1 статьи 19.5, статьями 19.6, 19.7, 19.30 настоящего Кодекса; (п. 90 введен Федеральным законом от 03.06.2009 N 104-ФЗ)
91) должностные лица федерального органа исполнительной власти, уполномоченного на осуществление функций по контролю и надзору за деятельностью бюро кредитных историй, - об административных правонарушениях, предусмотренных частью 1 статьи 19.4, частью 1 статьи 19.5, статьями 19.6, 19.7 настоящего Кодекса; (п. 91 введен Федеральным законом от 28.12.2009 N 380-ФЗ)
91.1) должностные лица федерального органа исполнительной власти, уполномоченного на осуществление контроля за обеспечением безопасности объектов топливно-энергетического комплекса, - об административных правонарушениях, предусмотренных статьей 20.30 настоящего Кодекса; (п. 91.1 введен Федеральным законом от 21.07.2011 N 257-ФЗ)
92) должностные лица федеральных органов исполнительной власти, уполномоченных на осуществление приема и учета уведомлений о начале осуществления отдельных видов предпринимательской деятельности, - об административных правонарушениях, предусмотренных частями 1 и 2 статьи 19.7.5-1 настоящего Кодекса; (п. 92 введен Федеральным законом от 27.07.2010 N 239-ФЗ)
93) должностные лица военной автомобильной инспекции - об административных правонарушениях, предусмотренных частью 4 статьи 12.2, частью 1 и частью 2 (за исключением случаев незаконной установки на транспортном средстве опознавательного фонаря легкового такси) статьи 12.4, частями 3, 4, 5, 6 статьи 12.5, частью 2 статьи 12.7, статьями 12.8, 12.26 настоящего Кодекса, в отношении должностного лица воинской части, ответственного за техническое состояние и эксплуатацию транспортных средств, и водителя транспортного средства Вооруженных Сил Российской Федерации, внутренних войск Министерства внутренних дел Российской Федерации, инженерно-технических, дорожно-строительных воинских формирований при федеральных органах исполнительной власти или спасательных воинских формирований федерального органа исполнительной власти, уполномоченного на решение задач в области гражданской обороны; (п. 93 введен Федеральным законом от 11.07.2011 N 207-ФЗ)
94) должностные лица федерального органа исполнительной власти, осуществляющего функции по контролю и надзору в сфере государственного оборонного заказа, - об административных правонарушениях, предусмотренных статьями 14.43, 14.44, 14.49, частью 15 статьи 19.5, статьей 19.33 настоящего Кодекса; (п. 94 введен Федеральным законом от 18.07.2011 N 237-ФЗ)
95) должностные лица федерального органа исполнительной власти, осуществляющего функции национального органа Российской Федерации по аккредитации, - об административных правонарушениях, предусмотренных статьями 14.47 и 14.48 настоящего Кодекса. (п. 95 введен Федеральным законом от 18.07.2011 N 237-ФЗ)
3. Помимо случаев, предусмотренных частью 2 настоящей статьи, протоколы об административных правонарушениях, предусмотренных частями 2, 3 и 4 статьи 14.1, статьей 19.20 настоящего Кодекса, вправе составлять должностные лица федеральных органов исполнительной власти, их структурных подразделений и территориальных органов, а также иных государственных органов, осуществляющих лицензирование отдельных видов деятельности и контроль за соблюдением условий лицензий, в пределах компетенции соответствующего органа.
(в ред. Федеральных законов от 02.07.2005 N 80-ФЗ, от 28.12.2009 N 380-ФЗ)
Помимо случаев, предусмотренных частью 2 настоящей статьи, протоколы об административных правонарушениях, предусмотренных статьями 17.7, 17.9 и 17.16 настоящего Кодекса, вправе составлять должностные лица федеральных органов исполнительной власти, их структурных подразделений и территориальных органов, а также иных государственных органов, уполномоченных осуществлять производство по делам об административных правонарушениях в соответствии с настоящим Кодексом. (в ред. Федеральных законов от 03.03.2006 N 30-ФЗ, от 28.12.2009 N 380-ФЗ, от 07.12.2011 N 420-ФЗ)
Помимо случаев, предусмотренных частью 2 настоящей статьи, протоколы об административных правонарушениях, предусмотренных статьями 19.4.1, 19.26 настоящего Кодекса, вправе составлять должностные лица федеральных органов исполнительной власти, их структурных подразделений и территориальных органов, а также иных государственных органов, уполномоченных осуществлять государственный контроль (надзор). (абзац введен Федеральным законом от 20.08.2004 N 118-ФЗ, в ред. Федеральных законов от 28.12.2009 N 380-ФЗ, от 18.07.2011 N 242-ФЗ)
4. Перечень должностных лиц, имеющих право составлять протоколы об административных правонарушениях в соответствии с частями 1, 2 и 3 настоящей статьи, устанавливается соответственно уполномоченными федеральными органами исполнительной власти, уполномоченными органами исполнительной власти субъектов Российской Федерации и Банком России в соответствии с задачами и функциями, возложенными на указанные органы федеральным законодательством. (в ред. Федерального закона от 27.06.2011 N 162-ФЗ)
Перечень должностных лиц, имеющих право составлять протоколы об административных правонарушениях, рассмотрение дел о которых настоящим Кодексом отнесено к полномочиям органов исполнительной власти субъектов Российской Федерации, устанавливается уполномоченными органами исполнительной власти субъектов Российской Федерации. (часть четвертая в ред. Федерального закона от 31.12.2005 N 199-ФЗ)
5. Протоколы об административных правонарушениях вправе составлять:
1) члены избирательных комиссий, комиссий референдума с правом решающего голоса, уполномоченные избирательными комиссиями, комиссиями референдума, - об административных правонарушениях, предусмотренных статьями 5.3 - 5.5, 5.8 - 5.10, 5.12, 5.15, 5.17 - 5.20, 5.47, 5.50, 5.51, 5.56 настоящего Кодекса;
2) члены комиссий по делам несовершеннолетних и защите их прав - об административных правонарушениях, предусмотренных статьями 5.35 - 5.37, 6.10 настоящего Кодекса;
3) инспектора Счетной палаты Российской Федерации - об административных правонарушениях, предусмотренных статьями 5.21, 15.14 - 15.16, частью 1 статьи 19.4, частью 1 статьи 19.5, статьей 19.6 настоящего Кодекса;
4) должностные лица государственных внебюджетных фондов - об административных правонарушениях, предусмотренных статьями 15.3, 15.4, частью 1 статьи 15.6, частью 1 статьи 15.7, статьей 15.8 (в части административных правонарушений, связанных с перечислением сумм взносов в соответствующие государственные внебюджетные фонды), частью 2 статьи 15.10, статьями 15.32, 15.33 настоящего Кодекса. Перечень должностных лиц, уполномоченных составлять протоколы об административных правонарушениях в соответствии с настоящим пунктом, утверждается руководителями государственных внебюджетных фондов; (п. 4 в ред. Федерального закона от 29.11.2010 N 313-ФЗ)
5) должностные лица органов и учреждений уголовно-исполнительной системы - об административных правонарушениях, предусмотренных статьей 9.19 (в отношении производственных объектов уголовно-исполнительной системы), статьями 17.7, 17.9, частью 1 статьи 19.3, частью 1 статьи 19.5, статьями 19.6, 19.7, 19.12, частью 1 статьи 20.25 настоящего Кодекса; (в ред. Федерального закона от 27.07.2010 N 226-ФЗ)
6) должностные лица органов, осуществляющих федеральный пробирный надзор и государственный контроль за производством, извлечением, переработкой, использованием, обращением, учетом и хранением драгоценных металлов и драгоценных камней, - об административных правонарушениях,
предусмотренных частью 1 статьи 19.4, частью 1 статьи 19.5, статьями 19.6, 19.7 настоящего Кодекса; (в ред. Федерального закона от 18.07.2011 N 242-ФЗ)
7) должностные лица органов ведомственной охраны - об административных правонарушениях, предусмотренных статьей 11.16 (в части предусмотренных федеральными законами полномочий по контролю и надзору за обеспечением пожарной безопасности на транспорте в отношении физических лиц), статьей 20.17 настоящего Кодекса; (в ред. Федерального закона от 18.07.2011 N 242-ФЗ)
8) должностные лица государственных учреждений, осуществляющих государственный лесной контроль и надзор, - об административных правонарушениях, предусмотренных статьей 7.1 (в части лесных участков в пределах своих полномочий в соответствии с лесным законодательством), частью 2 статьи 7.2 (в части уничтожения или повреждения лесоустроительных и лесохозяйственных знаков в пределах своих полномочий в соответствии с лесным законодательством), статьей 7.9, статьей 7.10 (в части самовольной уступки права пользования лесным участком или самовольной мены лесного участка в пределах своих полномочий в соответствии с лесным законодательством), статьей 7.11 (в пределах своих полномочий в соответствии с лесным законодательством), статьей 8.7 (в пределах своих полномочий в соответствии с лесным законодательством), статьей 8.8 (в пределах своих полномочий в соответствии с лесным законодательством), статьями 8.25 - 8.32, частью 1 статьи 19.4, частью 1 статьи 19.5, статьями 19.6, 19.7 настоящего Кодекса; (п. 8 в ред. Федерального закона от 29.12.2010 N 442-ФЗ)
9) должностные лица государственных учреждений, осуществляющих государственный пожарный надзор в лесах, - об административных правонарушениях, предусмотренных статьей 8.32, частью 1 статьи 19.4, частью 1 статьи 19.5, статьями 19.6, 19.7 настоящего Кодекса;
10) государственные инспектора по охране территорий государственных природных заповедников и национальных парков - об административных правонарушениях, предусмотренных статьей 8.39 (в части нарушений, совершенных на территориях государственных природных заповедников и национальных парков), частью 1 статьи 19.4, частью 1 статьи 19.5, статьями 19.6, 19.7 настоящего Кодекса;
11) должностные лица Государственной корпорации по атомной энергии "Росатом" - об административных правонарушениях, предусмотренных частями 2, 3 и 4 статьи 14.1 настоящего Кодекса;
12) должностные лица органов, вынесших постановление о наложении административного штрафа, - об административных правонарушениях, предусмотренных частью 1 статьи 20.25 настоящего Кодекса, а по делам об административных правонарушениях, рассмотренных судьями, - судебные приставы-исполнители;
13) капитаны морских судов, капитаны судов внутреннего плавания, капитаны судов смешанного (река - море) плавания - об административных правонарушениях, предусмотренных частями 2 и 5 статьи 11.17 настоящего Кодекса;
14) должностные лица государственных учреждений, находящихся в ведении органов исполнительной власти субъектов Российской Федерации и осуществляющих функции по охране, контролю и регулированию использования объектов животного мира и среды их обитания, - об административных правонарушениях, предусмотренных частью 2 статьи 7.2 (об уничтожении или о повреждении знаков, устанавливаемых пользователями животным миром, уполномоченными государственными органами по охране, контролю и регулированию использования объектов животного мира и среды их обитания, зданий и других сооружений, принадлежащих указанным пользователям и органам, за исключением административных правонарушений, совершенных на территориях особо охраняемых природных территорий федерального значения), статьей 7.11 (за исключением административных правонарушений, совершенных на территориях особо охраняемых природных территорий федерального значения), статьей 8.33 (за исключением административных правонарушений, совершенных на территориях особо охраняемых природных территорий федерального значения), статьей 8.34 (в части административных правонарушений, совершенных с биологическими коллекциями, содержащими объекты животного мира, за исключением административных правонарушений, совершенных на территориях особо охраняемых природных территорий федерального значения), статьей 8.35 (за исключением административных правонарушений, совершенных на территориях особо охраняемых природных территорий федерального значения), статьей 8.36 (за исключением административных правонарушений, совершенных на территориях особо охраняемых природных территорий федерального значения), частью 1 статьи 8.37 (за исключением административных
правонарушений, совершенных на территориях особо охраняемых природных территорий федерального значения), частью 3 статьи 8.37 (за исключением административных правонарушений, совершенных на территориях особо охраняемых природных территорий федерального значения) настоящего Кодекса;
15) должностные лица (государственные охотничьи инспектора) государственных учреждений, находящихся в ведении органов исполнительной власти субъектов Российской Федерации, осуществляющих государственный охотничий контроль и надзор, - об административных правонарушениях, предусмотренных пунктом 14 настоящей части. (часть пятая в ред. Федерального закона от 28.12.2009 N 380-ФЗ)
6. Протоколы об административных правонарушениях, предусмотренных законами субъектов Российской Федерации, а также протоколы об административных правонарушениях, предусмотренных частями 3 и 4 статьи 14.1 и частями 2 и 3 статьи 19.20 в отношении видов деятельности, лицензирование которых осуществляется органами исполнительной власти субъектов Российской Федерации, составляются должностными лицами, уполномоченными соответствующими субъектами Российской Федерации. (в ред. Федерального закона от 02.07.2005 N 80-ФЗ)
Положения статьи 28.4 в редакции Федерального закона от 04.10.2010 N 263-ФЗ, применяются к правоотношениям, возникшим в связи с проведением выборов и референдумов, назначенных после дня вступления в силу указанного Федерального закона.
Статья 28.4. Возбуждение дел об административных правонарушениях прокурором
КонсультантПлюс: примечание. Федеральным законом от 07.12.2011 N 420-ФЗ часть 1 статьи 28.4 изложена в новой редакции, в
которой предусмотрена ссылка на часть 5 статьи 15.27 данного документа. В официальном тексте документа, видимо, допущена опечатка: в статье 15.27 часть 5 отсутствует.
1. Дела об административных правонарушениях, предусмотренных статьями 5.1, 5.7, 5.21, 5.23 - 5.25, 5.39, 5.45, 5.46, 5.48, 5.52, 5.58 - 5.63, 7.24, частью 2 статьи 7.31, статьями 12.35, 13.11, 13.14, 13.27, 13.28, частями 1 и 2 статьи 14.25, статьей 14.35, частью 1 статьи 15.10, частью 5 статьи 15.27, частью 3 статьи 19.4, статьями 19.6.1, 19.9, 19.28, 19.29, 19.32, 20.26, 20.28, 20.29 настоящего Кодекса, возбуждаются прокурором. При осуществлении надзора за соблюдением Конституции Российской Федерации и исполнением законов, действующих на территории Российской Федерации, прокурор также вправе возбудить дело о любом другом административном правонарушении, ответственность за которое предусмотрена настоящим Кодексом или законом субъекта Российской Федерации. (в ред. Федеральных законов от 03.12.2011 N 383-ФЗ, от 07.12.2011 N 420-ФЗ)
2. О возбуждении дела об административном правонарушении прокурором выносится постановление, которое должно содержать сведения, предусмотренные статьей 28.2 настоящего Кодекса. Указанное постановление выносится в сроки, установленные статьей 28.5 настоящего Кодекса.
О применении статьи 28.5 см. письмо ГТК РФ от 17.05.2002 N 01-06/19136.
Статья 28.5. Сроки составления протокола об административном правонарушении
1. Протокол об административном правонарушении составляется немедленно после выявления совершения административного правонарушения.
2. В случае, если требуется дополнительное выяснение обстоятельств дела либо данных о физическом лице или сведений о юридическом лице, в отношении которых возбуждается дело об административном правонарушении, протокол об административном правонарушении составляется в течение двух суток с момента выявления административного правонарушения.
3. В случае проведения административного расследования протокол об административном правонарушении составляется по окончании расследования в сроки, предусмотренные статьей 28.7 настоящего Кодекса.
Статья 28.6. Назначение административного наказания без составления протокола
1. В случае, если при совершении физическим лицом административного правонарушения назначается административное наказание в виде предупреждения или административного штрафа, протокол об административном правонарушении не составляется, а уполномоченным на то должностным лицом на месте совершения административного правонарушения выносится постановление по делу об административном правонарушении о назначении административного наказания в виде предупреждения или административного штрафа в порядке, предусмотренном статьей 29.10 настоящего Кодекса. Копия постановления по делу об административном правонарушении вручается под расписку лицу, в отношении которого оно вынесено, а также потерпевшему по его просьбе. (в ред. Федеральных законов от 24.07.2007 N 210-ФЗ, от 09.11.2009 N 249-ФЗ)
1.1. Утратил силу. - Федеральный закон от 18.07.2011 N 225-ФЗ.
2. В случае, если лицо, в отношении которого возбуждено дело об административном правонарушении, оспаривает наличие события административного правонарушения и (или) назначенное ему административное наказание, составляется протокол об административном правонарушении. (в ред. Федерального закона от 09.11.2009 N 249-ФЗ)
3. В случае выявления административного правонарушения, предусмотренного главой 12 настоящего Кодекса, или административного правонарушения в области благоустройства территории, предусмотренного законом субъекта Российской Федерации, совершенного с использованием транспортного средства, зафиксированных с применением работающих в автоматическом режиме специальных технических средств, имеющих функции фото- и киносъемки, видеозаписи, или средств фото- и киносъемки, видеозаписи, протокол об административном правонарушении не составляется, а постановление по делу об административном правонарушении выносится без участия лица, в отношении которого возбуждено дело об административном правонарушении, и оформляется в порядке, предусмотренном статьей 29.10 настоящего Кодекса. Копии постановления по делу об административном правонарушении и материалов, полученных с применением работающих в автоматическом режиме специальных технических средств, имеющих функции фото- и киносъемки, видеозаписи, или средств фото- и киносъемки, видеозаписи, направляются лицу, в отношении которого возбуждено дело об административном правонарушении, по почте заказным почтовым отправлением в течение трех дней со дня вынесения указанного постановления. (часть 3 введена Федеральным законом от 24.07.2007 N 210-ФЗ, в ред. Федеральных законов от 23.07.2010 N 175-ФЗ, от 21.04.2011 N 69-ФЗ)
Статья 28.7. Административное расследование
1. В случаях, если после выявления административного правонарушения в области антимонопольного, патентного законодательства, законодательства о естественных монополиях, законодательства о рекламе, законодательства об акционерных обществах, о рынке ценных бумаг и об инвестиционных фондах, законодательства о выборах и референдумах, законодательства о противодействии легализации (отмыванию) доходов, полученных преступным путем, и финансированию терроризма, законодательства о противодействии коррупции, законодательства о противодействии неправомерному использованию инсайдерской информации и манипулированию рынком, законодательства о наркотических средствах, психотропных веществах и об их прекурсорах, законодательства о физической культуре и спорте в части, касающейся предотвращения допинга в спорте и борьбы с ним, миграционного законодательства, валютного законодательства Российской Федерации и актов органов валютного регулирования, законодательства о защите прав потребителей, об охране здоровья граждан, об авторском праве и смежных правах, о товарных знаках, знаках обслуживания и наименованиях мест происхождения товаров, в области налогов и сборов, санитарно-эпидемиологического благополучия населения, таможенного дела, экспортного контроля, государственного регулирования цен (тарифов) на товары (услуги), об основах регулирования тарифов организаций коммунального комплекса, в области охраны окружающей среды, производства и оборота этилового спирта, алкогольной и спиртосодержащей продукции, пожарной безопасности, промышленной безопасности, дорожного движения и на транспорте, несостоятельности (банкротства), размещения заказов на поставки товаров, выполнение работ, оказание услуг для государственных и муниципальных нужд осуществляются экспертиза или иные процессуальные действия, требующие значительных временных затрат, проводится административное расследование. (в ред. Федеральных законов от 30.10.2002 N 130-ФЗ, от 04.07.2003 N 94-ФЗ, от 20.08.2004 N 118-ФЗ, от 27.12.2005 N 193-ФЗ, от 31.12.2005 N 199-ФЗ, от 02.02.2006 N 19-ФЗ, от 08.05.2006 N 65-ФЗ, от 27.07.2006 N 139-ФЗ, от 22.07.2008 N 126-ФЗ, от 25.12.2008 N 281-ФЗ, от 09.02.2009 N 9-ФЗ, от 03.06.2009 N 112-ФЗ, от
28.12.2009 N 380-ФЗ, от 23.07.2010 N 171-ФЗ, от 27.07.2010 N 224-ФЗ, от 21.11.2011 N 329-ФЗ, от 06.12.2011 N 413-ФЗ)
2. Решение о возбуждении дела об административном правонарушении и проведении административного расследования принимается должностным лицом, уполномоченным в соответствии со статьей 28.3 настоящего Кодекса составлять протокол об административном правонарушении, в виде определения, а прокурором в виде постановления немедленно после выявления факта совершения административного правонарушения.
3. В определении о возбуждении дела об административном правонарушении и проведении административного расследования указываются дата и место составления определения, должность, фамилия и инициалы лица, составившего определение, повод для возбуждения дела об административном правонарушении, данные, указывающие на наличие события административного правонарушения, статья настоящего Кодекса либо закона субъекта Российской Федерации, предусматривающая административную ответственность за данное административное правонарушение. При вынесении определения о возбуждении дела об административном правонарушении и проведении административного расследования физическому лицу или законному представителю юридического лица, в отношении которых оно вынесено, а также иным участникам производства по делу об административном правонарушении разъясняются их права и обязанности, предусмотренные настоящим Кодексом, о чем делается запись в определении. (в ред. Федеральных законов от 05.01.2006 N 10-ФЗ, от 29.06.2009 N 133-ФЗ)
3.1. Копия определения о возбуждении дела об административном правонарушении и проведении административного расследования в течение суток вручается под расписку либо высылается физическому лицу или законному представителю юридического лица, в отношении которых оно вынесено, а также потерпевшему. (часть третья.1 введена Федеральным законом от 05.01.2006 N 10-ФЗ, в ред. Федерального закона от 29.06.2009 N 133-ФЗ)
4. Административное расследование проводится по месту совершения или выявления административного правонарушения. Административное расследование по делу об административном правонарушении, возбужденному должностным лицом, уполномоченным составлять протоколы об административных правонарушениях, проводится указанным должностным лицом, а по решению руководителя органа, в производстве которого находится дело об административном правонарушении, или его заместителя - другим должностным лицом этого органа, уполномоченным составлять протоколы об административных правонарушениях. (в ред. Федеральных законов от 20.08.2004 N 118-ФЗ, от 29.06.2009 N 133-ФЗ)
5. Срок проведения административного расследования не может превышать один месяц с момента возбуждения дела об административном правонарушении. В исключительных случаях указанный срок по письменному ходатайству должностного лица, в производстве которого находится дело, может быть продлен:
1) решением руководителя органа, в производстве которого находится дело об административном правонарушении, или его заместителя - на срок не более одного месяца;
2) решением руководителя вышестоящего таможенного органа или его заместителя либо решением руководителя федерального органа исполнительной власти, уполномоченного в области таможенного дела, в производстве которого находится дело об административном правонарушении, или его заместителя - на срок до шести месяцев;
3) решением руководителя вышестоящего органа по делам о нарушении Правил дорожного движения или правил эксплуатации транспортного средства, повлекшем причинение легкого или средней тяжести вреда здоровью потерпевшего, - на срок до шести месяцев. (часть пятая в ред. Федерального закона от 28.12.2009 N 380-ФЗ)
5.1. Решение о продлении срока проведения административного расследования принимается в виде определения. В определении о продлении срока проведения административного расследования указываются дата и место составления определения, должность, фамилия и инициалы лица, составившего определение, основания для продления срока проведения административного расследования, срок, до которого продлено проведение административного расследования. Определение о продлении срока проведения административного расследования подписывается вынесшим его в соответствии с частью 5
настоящей статьи руководителем или его заместителем. (часть пятая.1 введена Федеральным законом от 29.06.2009 N 133-ФЗ)
5.2. Копия определения о продлении срока проведения административного расследования в течение суток вручается под расписку либо высылается физическому лицу или законному представителю юридического лица, в отношении которых проводится административное расследование, а также потерпевшему. (часть пятая.2 введена Федеральным законом от 29.06.2009 N 133-ФЗ)
6. По окончании административного расследования составляется протокол об административном правонарушении либо выносится постановление о прекращении дела об административном правонарушении.
Статья 28.8. Направление протокола (постановления прокурора) об административном правонарушении для рассмотрения дела об административном правонарушении
1. Протокол (постановление прокурора) об административном правонарушении направляется судье, в орган, должностному лицу, уполномоченным рассматривать дело об административном правонарушении, в течение трех суток с момента составления протокола (вынесения постановления) об административном правонарушении. (в ред. Федерального закона от 24.07.2007 N 210-ФЗ)
2. Протокол (постановление прокурора) об административном правонарушении, совершение которого влечет административный арест либо административное выдворение, передается на рассмотрение судье немедленно после его составления (вынесения). (в ред. Федерального закона от 25.10.2004 N 126-ФЗ)
3. В случае, если протокол об административном правонарушении составлен неправомочным лицом, а также в иных случаях, предусмотренных пунктом 4 части 1 статьи 29.4 настоящего Кодекса, недостатки протокола и других материалов дела об административном правонарушении устраняются в срок не более трех суток со дня их поступления (получения) от судьи, органа, должностного лица, рассматривающих дело об административном правонарушении. Материалы дела об административном правонарушении с внесенными в них изменениями и дополнениями возвращаются указанным судье, органу, должностному лицу в течение суток со дня устранения соответствующих недостатков.
4. В случае, если применена мера обеспечения производства по делу об административном правонарушении в виде временного запрета деятельности, протокол об административном правонарушении, за совершение которого может быть назначено административное наказание в виде административного приостановления деятельности, а также протокол о временном запрете деятельности передаются на рассмотрение судье, в орган, должностному лицу, уполномоченным рассматривать дело об административном правонарушении, немедленно после их составления. (часть четвертая введена Федеральным законом от 09.05.2005 N 45-ФЗ, в ред. Федерального закона от 28.12.2010 N 421-ФЗ)
Статья 28.9. Прекращение производства по делу об административном правонарушении до передачи дела на рассмотрение
1. При наличии хотя бы одного из обстоятельств, перечисленных в статье 24.5 настоящего Кодекса, орган, должностное лицо, в производстве которых находится дело об административном правонарушении, выносят постановление о прекращении производства по делу об административном правонарушении с соблюдением требований, предусмотренных статьей 29.10 настоящего Кодекса. (в ред. Федерального закона от 04.12.2006 N 203-ФЗ)
2. Постановление о прекращении производства по делу об административном правонарушении по основанию, предусмотренному частью 2 статьи 24.5 настоящего Кодекса, со всеми материалами дела в течение суток с момента вынесения постановления направляется в воинскую часть, орган или учреждение по месту военной службы (службы) или месту прохождения военных сборов лица, совершившего административное правонарушение, для привлечения указанного лица к дисциплинарной ответственности. (часть вторая введена Федеральным законом от 04.12.2006 N 203-ФЗ)
Глава 29. РАССМОТРЕНИЕ ДЕЛА ОБ АДМИНИСТРАТИВНОМ ПРАВОНАРУШЕНИИ
Статья 29.1. Подготовка к рассмотрению дела об административном правонарушении
Судья, орган, должностное лицо при подготовке к рассмотрению дела об административном правонарушении выясняют следующие вопросы:
1) относится ли к их компетенции рассмотрение данного дела;
2) имеются ли обстоятельства, исключающие возможность рассмотрения данного дела судьей, членом коллегиального органа, должностным лицом;
3) правильно ли составлены протокол об административном правонарушении и другие протоколы, предусмотренные настоящим Кодексом, а также правильно ли оформлены иные материалы дела;
4) имеются ли обстоятельства, исключающие производство по делу;
5) достаточно ли имеющихся по делу материалов для его рассмотрения по существу;
6) имеются ли ходатайства и отводы.
Статья 29.2. Обстоятельства, исключающие возможность рассмотрения дела об административном правонарушении судьей, членом коллегиального органа, должностным лицом
Судья, член коллегиального органа, должностное лицо, на рассмотрение которых передано дело об административном правонарушении, не могут рассматривать данное дело в случае, если это лицо:
1) является родственником лица, в отношении которого ведется производство по делу об административном правонарушении, потерпевшего, законного представителя физического или юридического лица, защитника или представителя;
2) лично, прямо или косвенно заинтересовано в разрешении дела.
Статья 29.3. Самоотвод и отвод судьи, члена коллегиального органа, должностного лица
1. При наличии обстоятельств, предусмотренных статьей 29.2 настоящего Кодекса, судья, член коллегиального органа, должностное лицо обязаны заявить самоотвод. Заявление о самоотводе подается председателю соответствующего суда, руководителю коллегиального органа, вышестоящему должностному лицу.
2. При наличии обстоятельств, предусмотренных статьей 29.2 настоящего Кодекса, лицо, в отношении которого ведется производство по делу об административном правонарушении, потерпевший, законный представитель физического или юридического лица, защитник, представитель, прокурор вправе заявить отвод судье, члену коллегиального органа, должностному лицу.
3. Заявление об отводе рассматривается судьей, органом, должностным лицом, в производстве которых находится дело об административном правонарушении.
4. По результатам рассмотрения заявления о самоотводе или об отводе судьи, члена коллегиального органа, должностного лица, рассматривающих дело об административном правонарушении, выносится определение об удовлетворении заявления либо об отказе в его удовлетворении.
Статья 29.4. Определение, постановление, выносимые при подготовке к рассмотрению дела об административном правонарушении
1. При подготовке к рассмотрению дела об административном правонарушении разрешаются следующие вопросы, по которым в случае необходимости выносится определение:
1) о назначении времени и места рассмотрения дела;
2) о вызове лиц, указанных в статьях 25.1 - 25.10 настоящего Кодекса, об истребовании необходимых дополнительных материалов по делу, о назначении экспертизы;
3) об отложении рассмотрения дела;
4) о возвращении протокола об административном правонарушении и других материалов дела в орган, должностному лицу, которые составили протокол, в случае составления протокола и оформления других материалов дела неправомочными лицами, неправильного составления протокола и оформления других материалов дела либо неполноты представленных материалов, которая не может быть восполнена при рассмотрении дела;
5) о передаче протокола об административном правонарушении и других материалов дела на рассмотрение по подведомственности, если рассмотрение дела не относится к компетенции судьи, органа, должностного лица, к которым протокол об административном правонарушении и другие материалы дела поступили на рассмотрение, либо вынесено определение об отводе судьи, состава коллегиального органа, должностного лица.
2. При наличии обстоятельств, предусмотренных статьей 24.5 настоящего Кодекса, выносится постановление о прекращении производства по делу об административном правонарушении.
3. В случае, если рассмотрение дела об административном правонарушении отложено в связи с неявкой без уважительной причины лиц, указанных в части 1 статьи 27.15 настоящего Кодекса, и их отсутствие препятствует всестороннему, полному, объективному и своевременному выяснению обстоятельств дела и разрешению его в соответствии с законом, судья, орган, должностное лицо, рассматривающие дело, выносят определение о приводе указанных лиц.
Статья 29.5. Место рассмотрения дела об административном правонарушении
1. Дело об административном правонарушении рассматривается по месту его совершения. По ходатайству лица, в отношении которого ведется производство по делу об административном правонарушении, дело может быть рассмотрено по месту жительства данного лица.
1.1. В случаях, предусмотренных международным договором, дело об административном правонарушении рассматривается по месту выявления административного правонарушения, если местом его совершения является территория другого государства. (часть 1.1 введена Федеральным законом от 06.12.2011 N 409-ФЗ)
2. Дело об административном правонарушении, по которому было проведено административное расследование, рассматривается по месту нахождения органа, проводившего административное расследование.
3. Дела об административных правонарушениях несовершеннолетних, а также об административных правонарушениях, предусмотренных статьями 5.35, 6.10, 20.22 настоящего Кодекса, рассматриваются по месту жительства лица, в отношении которого ведется производство по делу об административном правонарушении. (в ред. Федерального закона от 29.04.2006 N 57-ФЗ)
4. Утратил силу. - Федеральный закон от 23.07.2010 N 175-ФЗ.
5. Дело об административном правонарушении, предусмотренном главой 12 настоящего Кодекса, или административном правонарушении в области благоустройства территории, предусмотренном законом субъекта Российской Федерации, совершенном с использованием транспортного средства, зафиксированных с применением работающих в автоматическом режиме специальных технических средств, имеющих функции фото- и киносъемки, видеозаписи, или средств фото- и киносъемки, видеозаписи, рассматривается по месту нахождения органа, в который поступили материалы, полученные с применением работающих в автоматическом режиме специальных технических средств, имеющих функции фото- и киносъемки, видеозаписи, или средств фото- и киносъемки, видеозаписи. (часть 5 введена Федеральным законом от 23.07.2010 N 175-ФЗ, в ред. Федерального закона от 21.04.2011 N 69-ФЗ)
Статья 29.6. Сроки рассмотрения дела об административном правонарушении
1. Дело об административном правонарушении рассматривается в пятнадцатидневный срок со дня получения органом, должностным лицом, правомочными рассматривать дело, протокола об административном правонарушении и других материалов дела. (в ред. Федерального закона от 30.04.2010 N 69-ФЗ)
1.1. Дело об административном правонарушении рассматривается в двухмесячный срок со дня получения судьей, правомочным рассматривать дело, протокола об административном правонарушении и других материалов дела. (часть 1.1 введена Федеральным законом от 30.04.2010 N 69-ФЗ)
2. В случае поступления ходатайств от участников производства по делу об административном правонарушении либо в случае необходимости в дополнительном выяснении обстоятельств дела срок рассмотрения дела может быть продлен судьей, органом, должностным лицом, рассматривающими дело, но не более чем на один месяц. О продлении указанного срока судья, орган, должностное лицо, рассматривающие дело, выносят мотивированное определение.
Положения статьи 29.6 в редакции Федерального закона от 04.10.2010 N 263-ФЗ, применяются к правоотношениям, возникшим в связи с проведением выборов и референдумов, назначенных после дня вступления в силу указанного Федерального закона.
3. Дела об административных правонарушениях, предусмотренных статьями 5.1 - 5.25, 5.45 - 5.52, 5.56, 5.58 настоящего Кодекса, рассматриваются в пятидневный срок со дня получения судьей протокола об административном правонарушении и других материалов дела. Продление указанного срока не допускается. (часть третья введена Федеральным законом от 04.07.2003 N 94-ФЗ, в ред. Федеральных законов от 21.07.2005 N 93-ФЗ, от 04.10.2010 N 263-ФЗ)
4. Дело об административном правонарушении, совершение которого влечет административный арест либо административное выдворение, рассматривается в день получения протокола об административном правонарушении и других материалов дела, а в отношении лица, подвергнутого административному задержанию, - не позднее 48 часов с момента его задержания. (в ред. Федерального закона от 25.10.2004 N 126-ФЗ)
5. Дело об административном правонарушении, за совершение которого может быть назначено административное наказание в виде административного приостановления деятельности и применен временный запрет деятельности, должно быть рассмотрено не позднее семи суток с момента фактического прекращения деятельности филиалов, представительств, структурных подразделений юридического лица, производственных участков, а также эксплуатации агрегатов, объектов, зданий или сооружений, осуществления отдельных видов деятельности (работ), оказания услуг. Срок временного запрета деятельности засчитывается в срок административного приостановления деятельности. (часть пятая введена Федеральным законом от 09.05.2005 N 45-ФЗ, в ред. Федеральных законов от 23.07.2010 N 171-ФЗ, от 18.07.2011 N 242-ФЗ)
Статья 29.7. Порядок рассмотрения дела об административном правонарушении
1. При рассмотрении дела об административном правонарушении:
1) объявляется, кто рассматривает дело, какое дело подлежит рассмотрению, кто и на основании какого закона привлекается к административной ответственности;
2) устанавливается факт явки физического лица, или законного представителя физического лица, или законного представителя юридического лица, в отношении которых ведется производство по делу об административном правонарушении, за исключением случаев, предусмотренных частью 3 статьи 28.6 настоящего Кодекса, а также иных лиц, участвующих в рассмотрении дела; (в ред. Федеральных законов от 24.07.2007 N 210-ФЗ, от 23.07.2010 N 175-ФЗ)
3) проверяются полномочия законных представителей физического или юридического лица, защитника и представителя;
4) выясняется, извещены ли участники производства по делу в установленном порядке, выясняются причины неявки участников производства по делу и принимается решение о рассмотрении дела в отсутствие указанных лиц либо об отложении рассмотрения дела;
5) разъясняются лицам, участвующим в рассмотрении дела, их права и обязанности;
6) рассматриваются заявленные отводы и ходатайства;
7) выносится определение об отложении рассмотрения дела в случае:
а) поступления заявления о самоотводе или об отводе судьи, члена коллегиального органа, должностного лица, рассматривающих дело, если их отвод препятствует рассмотрению дела по существу;
б) отвода специалиста, эксперта или переводчика, если указанный отвод препятствует рассмотрению дела по существу;
в) необходимости явки лица, участвующего в рассмотрении дела, истребования дополнительных материалов по делу или назначения экспертизы;
8) выносится определение о приводе лица, участие которого признается обязательным при рассмотрении дела, в соответствии с частью 3 статьи 29.4 настоящего Кодекса;
9) выносится определение о передаче дела на рассмотрение по подведомственности в соответствии со статьей 29.5 настоящего Кодекса.
2. При продолжении рассмотрения дела об административном правонарушении оглашается протокол об административном правонарушении, а при необходимости и иные материалы дела. Заслушиваются объяснения физического лица или законного представителя юридического лица, в отношении которых ведется производство по делу об административном правонарушении, показания других лиц, участвующих в производстве по делу, пояснения специалиста и заключение эксперта, исследуются иные доказательства, а в случае участия прокурора в рассмотрении дела заслушивается его заключение.
3. В случае необходимости осуществляются другие процессуальные действия в соответствии с настоящим Кодексом.
Статья 29.8. Протокол о рассмотрении дела об административном правонарушении
1. Протокол о рассмотрении дела об административном правонарушении составляется при рассмотрении дела коллегиальным органом.
2. В протоколе о рассмотрении дела об административном правонарушении указываются:
1) дата и место рассмотрения дела;
2) наименование и состав коллегиального органа, рассматривающего дело;
3) событие рассматриваемого административного правонарушения;
4) сведения о явке лиц, участвующих в рассмотрении дела, об извещении отсутствующих лиц в установленном порядке;
5) отводы, ходатайства и результаты их рассмотрения;
6) объяснения, показания, пояснения и заключения соответствующих лиц, участвующих в рассмотрении дела;
7) документы, исследованные при рассмотрении дела.
3. Протокол о рассмотрении дела об административном правонарушении подписывается председательствующим в заседании коллегиального органа и секретарем заседания коллегиального органа.
Статья 29.9. Виды постановлений и определений по делу об административном правонарушении
1. По результатам рассмотрения дела об административном правонарушении может быть вынесено постановление:
1) о назначении административного наказания;
2) о прекращении производства по делу об административном правонарушении. (часть первая в ред. Федерального закона от 17.07.2009 N 160-ФЗ)
1.1. Постановление о прекращении производства по делу об административном правонарушении выносится в случае:
1) наличия хотя бы одного из обстоятельств, предусмотренных статьей 24.5 настоящего Кодекса;
2) объявления устного замечания в соответствии со статьей 2.9 настоящего Кодекса;
3) прекращения производства по делу и передачи материалов дела прокурору, в орган предварительного следствия или в орган дознания в случае, если в действиях (бездействии) содержатся признаки преступления;
4) освобождения лица от административной ответственности за административные правонарушения, предусмотренные статьями 6.8, 6.9, 14.32 настоящего Кодекса, в соответствии с примечаниями к указанным статьям. (часть первая.1 введена Федеральным законом от 17.07.2009 N 160-ФЗ)
2. По результатам рассмотрения дела об административном правонарушении выносится определение:
1) о передаче дела судье, в орган, должностному лицу, уполномоченным назначать административные наказания иного вида или размера либо применять иные меры воздействия в соответствии с законодательством Российской Федерации;
2) о передаче дела на рассмотрение по подведомственности, если выяснено, что рассмотрение дела не относится к компетенции рассмотревших его судьи, органа, должностного лица.
Статья 29.10. Постановление по делу об административном правонарушении
1. В постановлении по делу об административном правонарушении должны быть указаны:
1) должность, фамилия, имя, отчество судьи, должностного лица, наименование и состав коллегиального органа, вынесших постановление, их адрес; (в ред. Федерального закона от 02.10.2007 N 225-ФЗ)
2) дата и место рассмотрения дела;
3) сведения о лице, в отношении которого рассмотрено дело;
4) обстоятельства, установленные при рассмотрении дела;
5) статья настоящего Кодекса или закона субъекта Российской Федерации, предусматривающая административную ответственность за совершение административного правонарушения, либо основания прекращения производства по делу;
6) мотивированное решение по делу;
7) срок и порядок обжалования постановления.
1.1. В случае наложения административного штрафа в постановлении по делу об административном правонарушении, помимо указанных в части 1 настоящей статьи сведений, должна быть указана информация о получателе штрафа, необходимая в соответствии с правилами заполнения расчетных документов на перечисление суммы административного штрафа. (часть 1.1 введена Федеральным законом от 27.09.2005 N 124-ФЗ)
2. Если при решении вопроса о назначении судьей административного наказания за административное правонарушение одновременно решается вопрос о возмещении имущественного ущерба, то в постановлении по делу об административном правонарушении указываются размер ущерба, подлежащего возмещению, сроки и порядок его возмещения.
При назначении судьей административного наказания в виде административного приостановления деятельности решается вопрос о мероприятиях, необходимых для обеспечения исполнения данного административного наказания и состоящих в запрете деятельности лиц, осуществляющих предпринимательскую деятельность без образования юридического лица, юридических лиц, их филиалов,
представительств, структурных подразделений, производственных участков, а также эксплуатации агрегатов, объектов, зданий или сооружений, осуществления отдельных видов деятельности (работ), оказания услуг, а в случае, если административное приостановление деятельности назначается в качестве административного наказания за нарушение законодательства Российской Федерации о противодействии легализации (отмыванию) доходов, полученных преступным путем, и финансированию терроризма, также решается вопрос о мерах, необходимых для приостановления операций по счетам. (абзац введен Федеральным законом от 09.05.2005 N 45-ФЗ)
При вынесении постановления по делу об административном правонарушении судья решает вопрос о возвращении залога за арестованное судно залогодателю или об обращении залога за арестованное судно в доход государства, о чем указывается в постановлении по делу об административном правонарушении. (абзац введен Федеральным законом от 11.07.2011 N 198-ФЗ)
При вынесении постановления по делу об административном правонарушении в отношении иностранного гражданина или лица без гражданства судья решает вопрос о помещении иностранного гражданина или лица без гражданства в специальное учреждение, если назначает таким лицам административное наказание в виде принудительного выдворения за пределы Российской Федерации. (абзац введен Федеральным законом от 06.12.2011 N 410-ФЗ)
КонсультантПлюс: примечание. О вещах, в отношении которых не применяется конфискация или возмездное изъятие, см. часть
вторую статьи 3.7 и часть вторую статьи 3.6 настоящего Кодекса.
3. В постановлении по делу об административном правонарушении должны быть решены вопросы об изъятых вещах и документах, о вещах, на которые наложен арест, если в отношении их не применено или не может быть применено административное наказание в виде конфискации, а также о внесенном залоге за арестованное судно. При этом: (в ред. Федеральных законов от 28.12.2010 N 398-ФЗ, от 11.07.2011 N 198-ФЗ)
1) вещи и документы, не изъятые из оборота, подлежат возвращению законному владельцу, а при неустановлении его передаются в собственность государства в соответствии с законодательством Российской Федерации;
2) вещи, изъятые из оборота, подлежат передаче в соответствующие организации или уничтожению;
3) документы, являющиеся вещественными доказательствами, подлежат оставлению в деле в течение всего срока хранения данного дела либо в соответствии с законодательством Российской Федерации передаются заинтересованным лицам;
4) изъятые ордена, медали, нагрудные знаки к почетным званиям Российской Федерации, РСФСР, СССР подлежат возврату их законному владельцу, а если он не известен, направляются в Администрацию Президента Российской Федерации.
4. Постановление по делу об административном правонарушении, вынесенное коллегиальным органом, принимается простым большинством голосов членов коллегиального органа, присутствующих на заседании.
5. Постановление по делу об административном правонарушении подписывается судьей, председательствующим в заседании коллегиального органа, или должностным лицом, вынесшим постановление.
6. В случаях, предусмотренных частью 3 статьи 28.6 настоящего Кодекса, постановление по делу об административном правонарушении с приложением материалов, полученных с применением работающих в автоматическом режиме специальных технических средств, имеющих функции фото- и киносъемки, видеозаписи, или средств фото- и киносъемки, видеозаписи, оформляется в форме электронного документа, юридическая сила которого подтверждена электронной цифровой подписью в соответствии с законодательством Российской Федерации. (часть 6 введена Федеральным законом от 23.07.2010 N 175-ФЗ)
7. Копия постановления по делу об административном правонарушении с приложением материалов, полученных с применением работающих в автоматическом режиме специальных технических средств,
имеющих функции фото- и киносъемки, видеозаписи, или средств фото- и киносъемки, видеозаписи, изготавливается путем перевода электронного документа в документ на бумажном носителе. (часть 7 введена Федеральным законом от 23.07.2010 N 175-ФЗ)
Статья 29.11. Объявление постановления по делу об административном правонарушении
1. Постановление по делу об административном правонарушении объявляется немедленно по окончании рассмотрения дела. В исключительных случаях по решению лица (органа), рассматривающего дело об административном правонарушении, составление мотивированного постановления может быть отложено на срок не более чем три дня со дня окончания разбирательства дела, за исключением дел об административных правонарушениях, указанных в частях 3 - 5 статьи 29.6 настоящего Кодекса, при этом резолютивная часть постановления должна быть объявлена немедленно по окончании рассмотрения дела. День изготовления постановления в полном объеме является днем его вынесения. (часть 1 в ред. Федерального закона от 06.12.2011 N 404-ФЗ)
2. Копия постановления по делу об административном правонарушении вручается под расписку физическому лицу, или законному представителю физического лица, или законному представителю юридического лица, в отношении которых оно вынесено, а также потерпевшему по его просьбе либо высылается указанным лицам по почте заказным почтовым отправлением в течение трех дней со дня вынесения указанного постановления. (в ред. Федерального закона от 23.07.2010 N 175-ФЗ)
Копия вынесенного судьей постановления по делу об административном правонарушении направляется должностному лицу, составившему протокол об административном правонарушении, в течение трех дней со дня вынесения указанного постановления. (абзац введен Федеральным законом от 09.05.2005 N 45-ФЗ)
3. По делам об административных правонарушениях, предусмотренных статьями 20.8, 20.9, 20.12 настоящего Кодекса, в отношении лица, которому огнестрельное оружие и боеприпасы (патроны) вверены в связи с выполнением служебных обязанностей или переданы во временное пользование организацией, копия постановления о назначении административного наказания направляется в соответствующую организацию.
Статья 29.12. Определение по делу об административном правонарушении
1. В определении по делу об административном правонарушении указываются:
1) должность, фамилия, инициалы судьи, должностного лица, наименование и состав коллегиального органа, вынесших определение;
2) дата и место рассмотрения заявления, ходатайства, материалов дела;
3) сведения о лице, которое подало заявление, ходатайство либо в отношении которого рассмотрены материалы дела;
4) содержание заявления, ходатайства;
5) обстоятельства, установленные при рассмотрении заявления, ходатайства, материалов дела;
6) решение, принятое по результатам рассмотрения заявления, ходатайства, материалов дела.
2. Определение по делу об административном правонарушении, вынесенное коллегиальным органом, принимается простым большинством голосов членов коллегиального органа, присутствующих на заседании.
3. Определение по делу об административном правонарушении подписывается судьей, председательствующим в заседании коллегиального органа, или должностным лицом, вынесшим определение.
Статья 29.12.1. Исправление описок, опечаток и арифметических ошибок
(введена Федеральным законом от 23.12.2010 N 381-ФЗ)
1. Судья, орган, должностное лицо, вынесшие постановление, определение по делу об административном правонарушении, по заявлению лиц, указанных в статьях 25.1 - 25.5, 25.11 настоящего Кодекса, судебного пристава-исполнителя, органа, должностного лица, исполняющих постановление, определение по делу об административном правонарушении, или по своей инициативе вправе исправить допущенные в постановлении, определении описки, опечатки и арифметические ошибки без изменения содержания постановления, определения.
2. Исправление описок, опечаток и арифметических ошибок в постановлении, решении, принятых по результатам рассмотрения жалоб, протестов на постановление, решение по делу об административном правонарушении, производится в порядке, установленном настоящей статьей.
3. Исправление описки, опечатки или арифметической ошибки производится в виде определения.
4. Копия определения об исправлениях, внесенных в постановление, определение по делу об административном правонарушении, копия определения об исправлениях, внесенных в постановление, решение, принятые по результатам рассмотрения жалоб, протестов на постановление, решение по делу об административном правонарушении, в течение трех дней со дня вынесения соответствующего определения направляются лицам, указанным в статьях 25.1 - 25.5, 25.11 настоящего Кодекса, судебному приставу-исполнителю, органу, должностному лицу, исполняющим постановление, определение по делу об административном правонарушении, в случае подачи ими соответствующего заявления.
5. Копия вынесенного судьей определения об исправлениях, внесенных в постановление по делу об административном правонарушении, направляется должностному лицу, составившему протокол об административном правонарушении, в течение трех дней со дня вынесения соответствующего определения.
Статья 29.13. Представление об устранении причин и условий, способствовавших совершению административного правонарушения
1. Судья, орган, должностное лицо, рассматривающие дело об административном правонарушении, при установлении причин административного правонарушения и условий, способствовавших его совершению, вносят в соответствующие организации и соответствующим должностным лицам представление о принятии мер по устранению указанных причин и условий.
2. Организации и должностные лица обязаны рассмотреть представление об устранении причин и условий, способствовавших совершению административного правонарушения, в течение месяца со дня его получения и сообщить о принятых мерах судье, в орган, должностному лицу, внесшим представление.
Глава 29.1. ПРАВОВАЯ ПОМОЩЬ ПО ДЕЛАМ ОБ АДМИНИСТРАТИВНЫХ ПРАВОНАРУШЕНИЯХ
(введена Федеральным законом от 04.05.2011 N 97-ФЗ)
Статья 29.1.1. Направление запроса о правовой помощи
1. При необходимости производства на территории иностранного государства процессуальных действий, предусмотренных настоящим Кодексом, должностное лицо, осуществляющее производство по делу об административном правонарушении, направляет запрос о правовой помощи соответствующему должностному лицу или в орган иностранного государства в соответствии с международным договором Российской Федерации или на началах взаимности, которая предполагается, пока не доказано иное.
2. Запрос о правовой помощи по делам об административных правонарушениях направляется через:
1) Верховный Суд Российской Федерации - по вопросам судебной деятельности Верховного Суда Российской Федерации;
2) Высший Арбитражный Суд Российской Федерации - по вопросам судебной деятельности арбитражных судов Российской Федерации;
3) Министерство юстиции Российской Федерации - по вопросам, связанным с судебной деятельностью судов, за исключением случаев, указанных в пунктах 1 и 2 настоящей части;
4) Министерство внутренних дел Российской Федерации, Федеральную службу безопасности Российской Федерации, Федеральную службу Российской Федерации по контролю за оборотом наркотиков - в отношении процессуальных действий по вопросам их административной деятельности;
5) орган, уполномоченный в соответствии с международным договором Российской Федерации об оказании правовой помощи на направление и получение запросов, связанных с реализацией соответствующего международного договора;
6) Генеральную прокуратуру Российской Федерации - в остальных случаях.
3. Запрос о правовой помощи по делам об административных правонарушениях и прилагаемые к нему документы сопровождаются заверенным переводом на официальный язык запрашиваемого государства, если иное не предусмотрено международным договором Российской Федерации.
Статья 29.1.2. Содержание и форма запроса о правовой помощи
Запрос о правовой помощи по делам об административных правонарушениях составляется в письменной форме, подписывается должностным лицом, его направляющим, удостоверяется гербовой печатью соответствующего органа и должен содержать:
1) наименование органа, от которого исходит запрос о правовой помощи;
2) наименование и местонахождение органа, в который направляется запрос о правовой помощи;
3) наименование дела об административном правонарушении и характер запроса о правовой помощи;
4) данные о лицах, в отношении которых направляется запрос о правовой помощи, включая данные о дате и месте их рождения, гражданстве, роде занятий, месте жительства или месте пребывания, а для юридических лиц - их наименование и местонахождение;
5) изложение подлежащих выяснению обстоятельств, а также перечень запрашиваемых документов, вещественных и других доказательств;
6) сведения о фактических обстоятельствах совершенного административного правонарушения, его квалификации, текст соответствующей статьи настоящего Кодекса, а при необходимости также сведения о размере вреда, причиненного данным правонарушением.
Статья 29.1.3. Юридическая сила доказательств, полученных на территории иностранного государства
Доказательства, полученные на территории иностранного государства его должностными лицами в ходе исполнения ими запроса о правовой помощи по делам об административных правонарушениях или направленные в Российскую Федерацию в приложении к поручению об осуществлении административного преследования в соответствии с международными договорами Российской Федерации или на началах взаимности, заверенные и переданные в установленном порядке, пользуются такой же юридической силой, как если бы они были получены на территории Российской Федерации в соответствии с требованиями настоящего Кодекса.
Статья 29.1.4. Вызов свидетеля, потерпевшего, их представителей, эксперта, находящихся за пределами территории Российской Федерации
1. Свидетель, потерпевший, их представители, эксперт, находящиеся за пределами территории Российской Федерации, могут быть с их согласия вызваны должностным лицом, в производстве которого находится дело об административном правонарушении, для производства процессуальных действий на территории Российской Федерации.
2. Запрос о вызове направляется в порядке, установленном частью 2 статьи 29.1.1 настоящего Кодекса.
3. Процессуальные действия с участием явившихся по вызову лиц, указанных в части 1 настоящей статьи, производятся в порядке, установленном настоящим Кодексом.
4. Явившиеся по вызову лица, указанные в части 1 настоящей статьи, не могут быть на территории
Российской Федерации привлечены в качестве обвиняемых, взяты под стражу или подвергнуты другим ограничениям личной свободы за деяния или на основании приговоров, которые имели место до пересечения указанными лицами Государственной границы Российской Федерации. Действие такой гарантии прекращается, если явившееся по вызову лицо, имея возможность покинуть территорию Российской Федерации до истечения непрерывного срока в 15 суток с момента, когда оно официально было уведомлено, что его присутствие более не требуется должностному лицу, вызвавшему его, продолжает оставаться на этой территории или после отъезда возвращается в Российскую Федерацию.
5. Лицо, находящееся под стражей на территории иностранного государства, вызывается в порядке, установленном настоящей статьей, при условии, что это лицо временно передается на территорию Российской Федерации компетентным органом или должностным лицом иностранного государства для совершения действий, указанных в запросе о вызове. Такое лицо продолжает оставаться под стражей на все время пребывания его на территории Российской Федерации, причем основанием содержания его под стражей служит соответствующее решение компетентного органа иностранного государства. Это лицо должно быть возвращено на территорию соответствующего иностранного государства в сроки, указанные в ответе на запрос о вызове. Условия передачи или отказа в ней определяются международными договорами Российской Федерации или письменными обязательствами о взаимодействии на началах взаимности.
Статья 29.1.5. Исполнение в Российской Федерации запроса о правовой помощи
1. Суд, должностные лица федеральных органов исполнительной власти исполняют переданные им в установленном порядке запросы о правовой помощи по делам об административных правонарушениях, поступившие от соответствующих компетентных органов и должностных лиц иностранных государств, в соответствии с международными договорами Российской Федерации или на началах взаимности, которая предполагается, пока не доказано иное.
2. При исполнении запроса о правовой помощи применяются нормы настоящего Кодекса. В случае, если в запросе содержится просьба о применении процессуальных норм законодательства иностранного государства, должностное лицо, исполняющее запрос, применяет законодательство этого иностранного государства при условии, что его применение не противоречит законодательству Российской Федерации и практически осуществимо.
3. При исполнении запроса о правовой помощи могут присутствовать представители иностранного государства, если это предусмотрено международными договорами Российской Федерации или письменными обязательствами о взаимодействии на началах взаимности.
4. Если запрос о правовой помощи не может быть исполнен полностью или в какой-либо части, полученные документы возвращаются с указанием причин, воспрепятствовавших его исполнению, через орган, его получивший, либо по дипломатическим каналам в тот компетентный орган иностранного государства, от которого исходил запрос.
5. Запрос о правовой помощи возвращается полностью или в какой-либо части в случае, если:
1) он полностью или в какой-либо части противоречит законодательству Российской Федерации или международному договору Российской Федерации, в соответствии с которым он направлялся;
2) исполнение запроса полностью или в какой-либо части может нанести ущерб суверенитету или безопасности Российской Федерации;
3) аналогичные запросы государственных органов Российской Федерации не исполняются в иностранном государстве на началах взаимности.
Статья 29.1.6. Направление материалов дела об административном правонарушении для осуществления административного преследования
В случае совершения административного правонарушения на территории Российской Федерации иностранным юридическим лицом или иностранным гражданином, впоследствии оказавшимся за ее пределами, и невозможности производства процессуальных действий с его участием на территории Российской Федерации все материалы возбужденного и расследуемого дела об административном правонарушении передаются в Генеральную прокуратуру Российской Федерации, которая решает вопрос об их направлении в компетентные органы иностранного государства для осуществления административного преследования.
Статья 29.1.7. Исполнение запроса об осуществлении административного преследования или о возбуждении дела об административном правонарушении на территории Российской Федерации
Запрос компетентного органа иностранного государства об осуществлении административного преследования в отношении гражданина Российской Федерации, совершившего административное правонарушение на территории иностранного государства и возвратившегося в Российскую Федерацию, или российского юридического лица, совершившего административное правонарушение за пределами территории Российской Федерации, рассматривается Генеральной прокуратурой Российской Федерации. Производство по делу об административном правонарушении и его рассмотрение в таких случаях осуществляются в порядке, установленном настоящим Кодексом.
Глава 30. ПЕРЕСМОТР ПОСТАНОВЛЕНИЙ И РЕШЕНИЙ ПО ДЕЛАМ ОБ АДМИНИСТРАТИВНЫХ ПРАВОНАРУШЕНИЯХ
О порядке обжалования постановления по делу об административном правонарушении см. Письмо Верховного Суда РФ от 20.08.2003 N 1536-7/общ.
Статья 30.1. Право на обжалование постановления по делу об административном правонарушении
1. Постановление по делу об административном правонарушении может быть обжаловано лицами, указанными в статьях 25.1 - 25.5 настоящего Кодекса:
1) вынесенное судьей - в вышестоящий суд;
2) вынесенное коллегиальным органом - в районный суд по месту нахождения коллегиального органа; (в ред. Федеральных законов от 02.10.2007 N 225-ФЗ, от 18.07.2011 N 225-ФЗ)
3) вынесенное должностным лицом - в вышестоящий орган, вышестоящему должностному лицу либо в районный суд по месту рассмотрения дела;
4) вынесенное иным органом, созданным в соответствии с законом субъекта Российской Федерации, - в районный суд по месту рассмотрения дела.
1.1. Постановление по делу об административном правонарушении, вынесенное судьей, может быть также обжаловано в вышестоящий суд должностным лицом, уполномоченным в соответствии со статьей 28.3 настоящего Кодекса составлять протокол об административном правонарушении. (часть 1.1 введена Федеральным законом от 23.07.2010 N 171-ФЗ, в ред. Федерального закона от 18.07.2011 N 242-ФЗ)
2. В случае, если жалоба на постановление по делу об административном правонарушении поступила в суд и в вышестоящий орган, вышестоящему должностному лицу, жалобу рассматривает суд.
По результатам рассмотрения жалобы выносится решение.
3. Постановление по делу об административном правонарушении, совершенном юридическим лицом или лицом, осуществляющим предпринимательскую деятельность без образования юридического лица, обжалуется в арбитражный суд в соответствии с арбитражным процессуальным законодательством.
4. Определение об отказе в возбуждении дела об административном правонарушении обжалуется в соответствии с правилами, установленными настоящей главой.
Статья 30.2. Порядок подачи жалобы на постановление по делу об административном правонарушении
1. Жалоба на постановление по делу об административном правонарушении подается судье, в орган, должностному лицу, которыми вынесено постановление по делу и которые обязаны в течение трех суток со дня поступления жалобы направить ее со всеми материалами дела в соответствующий суд, вышестоящий орган, вышестоящему должностному лицу.
2. Жалоба на постановление судьи о назначении административного наказания в виде административного ареста либо административного выдворения подлежит направлению в вышестоящий суд в день получения жалобы.
(в ред. Федерального закона от 25.10.2004 N 126-ФЗ)
3. Жалоба может быть подана непосредственно в суд, вышестоящий орган, вышестоящему должностному лицу, уполномоченным ее рассматривать.
4. В случае, если рассмотрение жалобы не относится к компетенции судьи, должностного лица, которым обжаловано постановление по делу об административном правонарушении, жалоба направляется на рассмотрение по подведомственности в течение трех суток.
5. Жалоба на постановление по делу об административном правонарушении государственной пошлиной не облагается.
6. Жалоба на постановление судьи о назначении административного наказания в виде административного приостановления деятельности подлежит направлению в вышестоящий суд в день получения жалобы. (часть шестая введена Федеральным законом от 09.05.2005 N 45-ФЗ)
Статья 30.3. Срок обжалования постановления по делу об административном правонарушении
1. Жалоба на постановление по делу об административном правонарушении может быть подана в течение десяти суток со дня вручения или получения копии постановления.
2. В случае пропуска срока, предусмотренного частью 1 настоящей статьи, указанный срок по ходатайству лица, подающего жалобу, может быть восстановлен судьей или должностным лицом, правомочными рассматривать жалобу.
Положения статьи 30.3 в редакции Федерального закона от 04.10.2010 N 263-ФЗ, применяются к правоотношениям, возникшим в связи с проведением выборов и референдумов, назначенных после дня вступления в силу указанного Федерального закона.
3. Жалобы на постановления по делам об административных правонарушениях, предусмотренных статьями 5.1 - 5.25, 5.45 - 5.52, 5.56, 5.58 настоящего Кодекса, могут быть поданы в пятидневный срок со дня вручения или получения копий постановлений. (часть третья введена Федеральным законом от 04.07.2003 N 94-ФЗ, в ред. Федеральных законов от 21.07.2005 N 93-ФЗ, от 04.10.2010 N 263-ФЗ)
4. Об отклонении ходатайства о восстановлении срока обжалования постановления по делу об административном правонарушении выносится определение.
Статья 30.4. Подготовка к рассмотрению жалобы на постановление по делу об административном правонарушении
При подготовке к рассмотрению жалобы на постановление по делу об административном правонарушении судья, должностное лицо:
1) выясняют, имеются ли обстоятельства, исключающие возможность рассмотрения жалобы данными судьей, должностным лицом, а также обстоятельства, исключающие производство по делу;
2) разрешают ходатайства, при необходимости назначают экспертизу, истребуют дополнительные материалы, вызывают лиц, участие которых признано необходимым при рассмотрении жалобы;
3) направляют жалобу со всеми материалами дела на рассмотрение по подведомственности, если ее рассмотрение не относится к компетенции соответствующих судьи, должностного лица.
Статья 30.5. Сроки рассмотрения жалобы на постановление по делу об административном правонарушении
1. Жалоба на постановление по делу об административном правонарушении подлежит рассмотрению в десятидневный срок со дня ее поступления со всеми материалами дела в орган, должностному лицу, правомочным рассматривать жалобу. (в ред. Федерального закона от 30.04.2010 N 69-ФЗ)
1.1. Жалоба на постановление по делу об административном правонарушении подлежит рассмотрению в двухмесячный срок со дня ее поступления со всеми материалами дела в суд, правомочный
рассматривать жалобу. (часть 1.1 введена Федеральным законом от 30.04.2010 N 69-ФЗ)
Положения статьи 30.5 в редакции Федерального закона от 04.10.2010 N 263-ФЗ, применяются к правоотношениям, возникшим в связи с проведением выборов и референдумов, назначенных после дня вступления в силу указанного Федерального закона.
2. Жалобы на постановления по делам об административных правонарушениях, предусмотренных статьями 5.1 - 5.25, 5.45 - 5.52, 5.56, 5.58 настоящего Кодекса, подлежат рассмотрению в пятидневный срок со дня их поступления со всеми материалами в суд, правомочный рассматривать жалобы. (часть вторая введена Федеральным законом от 04.07.2003 N 94-ФЗ, в ред. Федеральных законов от 21.07.2005 N 93-ФЗ, от 04.10.2010 N 263-ФЗ)
3. Жалоба на постановление об административном аресте либо административном выдворении подлежит рассмотрению в течение суток с момента подачи жалобы, если лицо, привлеченное к административной ответственности, отбывает административный арест либо подлежит административному выдворению. (в ред. Федерального закона от 25.10.2004 N 126-ФЗ)
4. Жалоба на постановление о назначении административного наказания в виде административного приостановления деятельности подлежит рассмотрению в пятидневный срок со дня ее поступления со всеми материалами в вышестоящий суд, уполномоченный рассматривать соответствующую жалобу. (часть четвертая введена Федеральным законом от 09.05.2005 N 45-ФЗ)
Статья 30.6. Рассмотрение жалобы на постановление по делу об административном правонарушении
1. Жалоба на постановление по делу об административном правонарушении рассматривается судьей, должностным лицом единолично.
2. При рассмотрении жалобы на постановление по делу об административном правонарушении:
1) объявляется, кто рассматривает жалобу, какая жалоба подлежит рассмотрению, кем подана жалоба;
2) устанавливается явка физического лица, или законного представителя физического лица, или законного представителя юридического лица, в отношении которых вынесено постановление по делу, а также явка вызванных для участия в рассмотрении жалобы лиц;
3) проверяются полномочия законных представителей физического или юридического лица, защитника и представителя;
4) выясняются причины неявки участников производства по делу и принимается решение о рассмотрении жалобы в отсутствие указанных лиц либо об отложении рассмотрения жалобы;
5) разъясняются права и обязанности лиц, участвующих в рассмотрении жалобы;
6) разрешаются заявленные отводы и ходатайства;
7) оглашается жалоба на постановление по делу об административном правонарушении;
8) проверяются на основании имеющихся в деле и дополнительно представленных материалов законность и обоснованность вынесенного постановления, в частности заслушиваются объяснения физического лица или законного представителя юридического лица, в отношении которых вынесено постановление по делу об административном правонарушении; при необходимости заслушиваются показания других лиц, участвующих в рассмотрении жалобы, пояснения специалиста и заключение эксперта, исследуются иные доказательства, осуществляются другие процессуальные действия в соответствии с настоящим Кодексом;
9) в случае участия прокурора в рассмотрении дела заслушивается его заключение.
3. Судья, вышестоящее должностное лицо не связаны доводами жалобы и проверяют дело в полном объеме.
Статья 30.7. Решение по жалобе на постановление по делу об административном правонарушении
1. По результатам рассмотрения жалобы на постановление по делу об административном правонарушении выносится одно из следующих решений:
1) об оставлении постановления без изменения, а жалобы без удовлетворения;
2) об изменении постановления, если при этом не усиливается административное наказание или иным образом не ухудшается положение лица, в отношении которого вынесено постановление;
3) об отмене постановления и о прекращении производства по делу при наличии хотя бы одного из обстоятельств, предусмотренных статьями 2.9, 24.5 настоящего Кодекса, а также при недоказанности обстоятельств, на основании которых было вынесено постановление;
4) об отмене постановления и о возвращении дела на новое рассмотрение судье, в орган, должностному лицу, правомочным рассмотреть дело, в случаях существенного нарушения процессуальных требований, предусмотренных настоящим Кодексом, если это не позволило всесторонне, полно и объективно рассмотреть дело, а также в связи с необходимостью применения закона об административном правонарушении, влекущем назначение более строгого административного наказания, если потерпевшим по делу подана жалоба на мягкость примененного административного наказания;
5) об отмене постановления и о направлении дела на рассмотрение по подведомственности, если при рассмотрении жалобы установлено, что постановление было вынесено неправомочными судьей, органом, должностным лицом.
2. Решение по результатам рассмотрения жалобы на постановление по делу об административном правонарушении должно содержать сведения, предусмотренные частью 1 статьи 29.10 настоящего Кодекса.
3. При рассмотрении жалобы на постановление по делу об административном правонарушении выносится определение о передаче жалобы на рассмотрение по подведомственности, если выяснено, что ее рассмотрение не относится к компетенции данных судьи, должностного лица.
Статья 30.8. Оглашение решения, вынесенного по жалобе на постановление по делу об административном правонарушении
1. Решение по жалобе на постановление по делу об административном правонарушении оглашается немедленно после его вынесения.
2. Копия решения по жалобе на постановление по делу об административном правонарушении в срок до трех суток после его вынесения вручается или высылается физическому лицу или законному представителю юридического лица, в отношении которых было вынесено постановление по делу, а также потерпевшему в случае подачи им жалобы либо прокурору по его просьбе.
3. Решение по жалобе на постановление об административном аресте либо административном выдворении доводится до сведения органа, должностного лица, исполняющих постановление, а также лица, в отношении которого вынесено решение, и потерпевшего в день вынесения решения. (в ред. Федерального закона от 25.10.2004 N 126-ФЗ)
О пересмотре решения, вынесенного по жалобе на постановление по делу об административном правонарушении, см. Письмо Верховного Суда РФ от 20.08.2003 N 1536-7/общ.
Статья 30.9. Пересмотр решения, вынесенного по жалобе на постановление по делу об административном правонарушении
1. Постановление по делу об административном правонарушении, вынесенное должностным лицом, и (или) решение вышестоящего должностного лица по жалобе на это постановление могут быть обжалованы в суд по месту рассмотрения жалобы, а затем в вышестоящий суд.
2. Постановление по делу об административном правонарушении, вынесенное коллегиальным
органом, органом, созданным в соответствии с законом субъекта Российской Федерации, и (или) решение судьи по жалобе на это постановление могут быть обжалованы в вышестоящий суд.
3. Подача последующих жалоб на постановление по делу об административном правонарушении и (или) решения по жалобе на это постановление, их рассмотрение и разрешение осуществляются в порядке и в сроки, установленные статьями 30.2 - 30.8 настоящего Кодекса.
4. Копии решений направляются лицам, указанным в статье 30.8 настоящего Кодекса, в трехдневный срок со дня вынесения решения.
5. Решение суда по жалобе на вынесенное должностным лицом постановление по делу об административном правонарушении может быть обжаловано помимо лиц, указанных в части 1 статьи 30.1 настоящего Кодекса, должностным лицом, вынесшим такое постановление. (часть пятая введена Федеральным законом от 17.07.2009 N 160-ФЗ)
Статья 30.10. Принесение протеста на не вступившее в законную силу постановление по делу об административном правонарушении и последующие решения
1. Не вступившее в законную силу постановление по делу об административном правонарушении и (или) последующие решения вышестоящих инстанций по жалобам на это постановление могут быть опротестованы прокурором в порядке и в сроки, установленные статьями 30.1, 30.2, частями 1 и 3 статьи 30.3 настоящего Кодекса. (в ред. Федерального закона от 06.12.2011 N 409-ФЗ)
2. Протест прокурора на постановление по делу об административном правонарушении и (или) последующие решения по жалобам на это постановление рассматриваются в порядке и в сроки, установленные статьями 30.4 - 30.8 настоящего Кодекса.
3. Копия решения по протесту прокурора на постановление по делу об административном правонарушении направляется прокурору, принесшему протест, и лицам, указанным в статьях 25.1 - 25.5 настоящего Кодекса, в трехдневный срок после вынесения решения.
Статья 30.11. Утратила силу. - Федеральный закон от 03.12.2008 N 240-ФЗ.
Статья 30.12. Право на обжалование, опротестование в порядке надзора постановления по делу об административном правонарушении, решений по результатам рассмотрения жалоб, протестов
(введена Федеральным законом от 03.12.2008 N 240-ФЗ)
1. Вступившие в законную силу постановление по делу об административном правонарушении, решения по результатам рассмотрения жалоб, протестов могут быть обжалованы в порядке надзора лицами, указанными в статьях 25.1 - 25.5 настоящего Кодекса.
2. Вступившие в законную силу постановление по делу об административном правонарушении, решения по результатам рассмотрения жалоб, протестов могут быть опротестованы в порядке надзора прокурором.
3. Право принесения протеста в порядке надзора принадлежит прокурорам субъектов Российской Федерации и их заместителям, Генеральному прокурору Российской Федерации и его заместителям, а в отношении военнослужащих и граждан, призванных на военные сборы, - прокурорам военных округов, флотов и приравненным к ним прокурорам, Главному военному прокурору и их заместителям.
4. Вступившее в законную силу решение по результатам рассмотрения жалобы, протеста на постановление по делу об административном правонарушении может быть обжаловано в порядке надзора должностным лицом, вынесшим постановление. (часть 4 введена Федеральным законом от 06.12.2011 N 404-ФЗ)
Статья 30.13. Суды, рассматривающие в порядке надзора жалобы, протесты на постановление по делу об административном правонарушении, решения по результатам рассмотрения жалоб, протестов
(введена Федеральным законом от 03.12.2008 N 240-ФЗ)
1. Жалобы подаются, протесты приносятся в порядке надзора в верховные суды республик, краевые,
областные суды, суды городов Москвы и Санкт-Петербурга, суды автономной области и автономных округов, Верховный Суд Российской Федерации.
2. Вступившие в законную силу постановление по делу об административном правонарушении, решения по результатам рассмотрения жалоб, протестов правомочны пересматривать в порядке надзора председатели верховных судов республик, краевых, областных судов, судов городов Москвы и Санкт-Петербурга, судов автономной области и автономных округов или их заместители, Председатель Верховного Суда Российской Федерации, его заместители либо по поручению Председателя Верховного Суда Российской Федерации или его заместителей судья Верховного Суда Российской Федерации. (в ред. Федерального закона от 23.12.2010 N 381-ФЗ)
3. Верховный Суд Российской Федерации рассматривает в порядке надзора жалобы, протесты на вступившие в законную силу постановление судьи по делу об административном правонарушении, решения по результатам рассмотрения жалоб, протестов на указанное постановление. Указанные постановление и решения рассматриваются Верховным Судом Российской Федерации в случае, если они были рассмотрены в порядке надзора председателями соответствующих верховных судов республик, краевых, областных судов, судов городов Москвы и Санкт-Петербурга, судов автономной области и автономных округов или их заместителями.
4. Вступившие в законную силу постановления по делу об административном правонарушении, решения по результатам рассмотрения жалоб, протестов (представлений) пересматриваются в порядке надзора Высшим Арбитражным Судом Российской Федерации в соответствии с арбитражным процессуальным законодательством.
5. Вступившие в законную силу постановления судьи гарнизонного военного суда по делу об административном правонарушении, решения по результатам рассмотрения жалоб, протестов пересматриваются в порядке надзора окружными (флотскими) военными судами и Военной коллегией Верховного Суда Российской Федерации в соответствии с законодательством о военных судах.
Статья 30.14. Подача жалобы, принесение протеста в порядке надзора
(введена Федеральным законом от 03.12.2008 N 240-ФЗ)
1. В порядке надзора жалоба подается, протест приносится непосредственно в суд надзорной инстанции.
2. Жалоба, протест на вступившие в законную силу постановление по делу об административном правонарушении, решения по результатам рассмотрения жалоб, протестов должны содержать:
1) наименование суда, в который подается жалоба, приносится протест;
2) сведения о лице, подавшем жалобу, прокуроре, принесшем протест;
3) сведения о других участниках производства по делу об административном правонарушении;
4) указание на постановление по делу об административном правонарушении, решение по результатам рассмотрения жалоб, протестов;
5) доводы лица, подавшего жалобу, прокурора, принесшего протест, с указанием оснований для пересмотра в порядке надзора постановления по делу об административном правонарушении, решений по результатам рассмотрения жалоб, протестов;
6) перечень материалов, прилагаемых к жалобе, протесту;
7) подпись лица, подавшего жалобу, прокурора, принесшего протест.
3. К жалобе, протесту должны быть приложены:
1) копия постановления по делу об административном правонарушении;
2) копии решений по результатам рассмотрения жалоб, протестов, если такие решения вынесены;
3) копия документа, которым удостоверяются полномочия законного представителя физического или юридического лица, копия доверенности или выданный соответствующим адвокатским образованием ордер, которыми удостоверяются полномочия защитника, представителя, в случае, если жалоба подписана указанными лицами;
4) копия жалобы, протеста, число которых соответствует числу других участников производства по делу об административном правонарушении, указанных в статьях 25.1 - 25.4, 25.11 настоящего Кодекса.
Статья 30.15. Принятие к рассмотрению в порядке надзора жалобы, протеста
(введена Федеральным законом от 03.12.2008 N 240-ФЗ)
1. О принятии к рассмотрению в порядке надзора жалобы, протеста судья выносит определение.
2. Судья, принявший к рассмотрению в порядке надзора жалобу, протест, обязан известить лицо, в отношении которого ведется производство по делу об административном правонарушении, а также потерпевшего о подаче жалобы, принесении протеста и предоставить указанным лицам возможность ознакомиться с жалобой, протестом и подать возражения на них.
3. В случае, если жалоба подается, протест приносится с нарушением требований, предусмотренных статьей 30.14 и частью 4 статьи 30.16 настоящего Кодекса, указанные жалоба, протест возвращаются лицу, подавшему жалобу, прокурору, принесшему протест.
Статья 30.16. Пределы и сроки рассмотрения в порядке надзора жалобы, протеста
(введена Федеральным законом от 03.12.2008 N 240-ФЗ)
1. По жалобе, протесту, принятым к рассмотрению в порядке надзора, постановление по делу об административном правонарушении, решения по результатам рассмотрения жалоб, протестов проверяются исходя из доводов, изложенных в жалобе, протесте, и возражений, содержащихся в отзыве на жалобу, протест.
2. Судья, принявший к рассмотрению в порядке надзора жалобу, протест, в интересах законности имеет право проверить дело об административном правонарушении в полном объеме.
3. Решение по жалобе, протесту выносится не позднее двух месяцев со дня поступления жалобы, протеста в суд, а в случае истребования дела об административном правонарушении - не позднее одного месяца со дня поступления дела в суд.
4. Повторные подача жалоб, принесение протестов в порядке надзора по тем же основаниям в суд, ранее рассмотревший в порядке надзора постановление по делу об административном правонарушении, решения по результатам рассмотрения жалоб, протестов, не допускаются.
Статья 30.17. Виды постановлений, принимаемых по результатам рассмотрения в порядке надзора жалобы, протеста
(введена Федеральным законом от 03.12.2008 N 240-ФЗ)
1. Решение по результатам рассмотрения в порядке надзора жалобы, протеста принимается в форме постановления.
2. По результатам рассмотрения в порядке надзора жалобы, протеста выносится одно из следующих решений:
1) об оставлении постановления по делу об административном правонарушении, решения по результатам рассмотрения жалобы, протеста без изменения, а жалобы, протеста, рассмотренных в порядке надзора, без удовлетворения;
2) об изменении постановления по делу об административном правонарушении, решения по результатам рассмотрения жалобы, протеста, если допущенные нарушения настоящего Кодекса и (или) закона субъекта Российской Федерации об административных правонарушениях могут быть устранены без возвращения дела на новое рассмотрение и при этом не усиливается административное наказание или иным образом не ухудшается положение лица, в отношении которого вынесены указанные постановление,
решение;
3) об отмене постановления по делу об административном правонарушении, решения по результатам рассмотрения жалобы, протеста и о возвращении дела на новое рассмотрение в случаях существенного нарушения процессуальных требований, предусмотренных настоящим Кодексом, если это не позволило всесторонне, полно и объективно рассмотреть дело;
4) об отмене постановления по делу об административном правонарушении, решения по результатам рассмотрения жалобы, протеста и о прекращении производства по делу при наличии хотя бы одного из обстоятельств, предусмотренных статьями 2.9, 24.5 настоящего Кодекса, а также при недоказанности обстоятельств, на основании которых были вынесены указанные постановление, решение.
Статья 30.18. Содержание постановления, принимаемого по результатам рассмотрения в порядке надзора жалобы, протеста
(введена Федеральным законом от 03.12.2008 N 240-ФЗ)
1. В постановлении, принимаемом по результатам рассмотрения в порядке надзора жалобы, протеста, указываются:
1) наименование суда надзорной инстанции;
2) номер дела, дата и место принятия постановления;
3) фамилия и инициалы судьи суда надзорной инстанции;
4) наименование лица, подавшего жалобу, прокурора, принесшего протест;
5) указание на обжалуемые, опротестуемые постановление по делу об административном правонарушении, решение по результатам рассмотрения жалоб, протестов;
6) краткое содержание обжалуемых, опротестуемых постановления по делу об административном правонарушении, решения по результатам рассмотрения жалоб, протестов;
7) доводы и требования, содержащиеся в жалобе, протесте;
8) возражения, содержащиеся в отзыве на жалобу, протест;
9) мотивы и основания для оставления без изменения, изменения или отмены в порядке надзора постановления по делу об административном правонарушении, решения по результатам рассмотрения жалоб, протестов со ссылкой на статьи настоящего Кодекса и (или) закона субъекта Российской Федерации об административных правонарушениях;
10) решение по результатам рассмотрения в порядке надзора жалобы, протеста.
2. Постановление, указанное в части 1 настоящей статьи, подписывается принявшим его судьей.
Статья 30.19. Вступление в законную силу постановления, принятого по результатам рассмотрения в порядке надзора жалобы, протеста
(введена Федеральным законом от 03.12.2008 N 240-ФЗ)
Постановление, принятое по результатам рассмотрения в порядке надзора жалобы, протеста, вступает в законную силу со дня его принятия.
Раздел V. ИСПОЛНЕНИЕ ПОСТАНОВЛЕНИЙ ПО ДЕЛАМ ОБ АДМИНИСТРАТИВНЫХ ПРАВОНАРУШЕНИЯХ
Глава 31. ОБЩИЕ ПОЛОЖЕНИЯ
О вступлении постановления по делу об административном правонарушении в законную силу см. Письмо Верховного Суда РФ от 20.08.2003 N 1536-7/общ.
Статья 31.1. Вступление постановления по делу об административном правонарушении в законную силу
Постановление по делу об административном правонарушении вступает в законную силу:
1) после истечения срока, установленного для обжалования постановления по делу об административном правонарушении, если указанное постановление не было обжаловано или опротестовано;
2) после истечения срока, установленного для обжалования решения по жалобе, протесту, если указанное решение не было обжаловано или опротестовано, за исключением случаев, если решением отменяется вынесенное постановление;
3) немедленно после вынесения не подлежащего обжалованию решения по жалобе, протесту, за исключением случаев, если решением отменяется вынесенное постановление.
Статья 31.2. Обязательность постановления по делу об административном правонарушении
1. Постановление по делу об административном правонарушении обязательно для исполнения всеми органами государственной власти, органами местного самоуправления, должностными лицами, гражданами и их объединениями, юридическими лицами.
2. Постановление по делу об административном правонарушении подлежит исполнению с момента его вступления в законную силу.
Статья 31.3. Обращение постановления по делу об административном правонарушении к исполнению
1. Обращение постановления по делу об административном правонарушении к исполнению возлагается на судью, орган, должностное лицо, вынесших постановление.
2. В случае рассмотрения жалобы, протеста на постановление по делу об административном правонарушении и (или) на последующее решение по жалобе, протесту вступившее в законную силу постановление по делу об административном правонарушении направляется судье, в орган, должностному лицу, уполномоченным обращать его к исполнению, в течение трех суток со дня его вступления в законную силу.
3. В случае, если постановление по делу об административном правонарушении не было обжаловано или опротестовано в установленные сроки, оно направляется в орган, должностному лицу, уполномоченным приводить его в исполнение, в течение трех суток со дня его вступления в законную силу, а в случае рассмотрения жалобы, протеста - со дня поступления решения по жалобе, протесту из суда или от должностного лица, вынесших решение. (в ред. Федерального закона от 29.04.2006 N 57-ФЗ)
4. Судья, орган, должностное лицо при направлении постановления по делу об административном правонарушении в орган, должностному лицу, уполномоченным приводить его в исполнение, делают на указанном постановлении отметку о дне его вступления в законную силу либо о том, что оно подлежит немедленному исполнению. (часть четвертая введена Федеральным законом от 02.10.2007 N 225-ФЗ)
5. Если постановлением по делу об административном правонарушении было назначено основное и дополнительное административные наказания, приняты меры обеспечения производства по делу об административном правонарушении или отменены такие меры, в орган, должностному лицу, уполномоченным приводить в исполнение назначенные наказания, применять меры обеспечения производства по делу об административном правонарушении или освобождать от применения таких мер, направляются заверенные в установленном порядке копии постановления, в которых указывается, в какой части постановление по делу об административном правонарушении подлежит исполнению соответствующими органом, должностным лицом. (часть 5 введена Федеральным законом от 06.12.2011 N 410-ФЗ)
Статья 31.4. Приведение в исполнение постановления по делу об административном правонарушении
1. Постановление по делу об административном правонарушении приводится в исполнение уполномоченными на то органом, должностным лицом в порядке, установленном настоящим Кодексом,
другими федеральными законами и принимаемыми в соответствии с ними постановлениями Правительства Российской Федерации.
2. В случае вынесения нескольких постановлений о назначении административного наказания в отношении одного лица каждое постановление приводится в исполнение самостоятельно.
3. В случае неясности способа и порядка исполнения постановления по делу об административном правонарушении орган, должностное лицо, приводящие указанное постановление в исполнение, а также лицо, в отношении которого оно было вынесено, вправе обратиться в суд, орган или к должностному лицу, вынесшим постановление, с заявлением о разъяснении способа и порядка его исполнения. (часть третья введена Федеральным законом от 02.10.2007 N 225-ФЗ)
Статья 31.5. Отсрочка и рассрочка исполнения постановления о назначении административного наказания
1. При наличии обстоятельств, вследствие которых исполнение постановления о назначении административного наказания в виде административного ареста, лишения специального права или в виде административного штрафа невозможно в установленные сроки, судья, орган, должностное лицо, вынесшие постановление, могут отсрочить исполнение постановления на срок до одного месяца. (в ред. Федерального закона от 09.11.2009 N 249-ФЗ)
2. С учетом материального положения лица, привлеченного к административной ответственности, уплата административного штрафа может быть рассрочена судьей, органом, должностным лицом, вынесшими постановление, на срок до трех месяцев.
Статья 31.6. Приостановление исполнения постановления о назначении административного наказания
1. Судья, орган, должностное лицо, вынесшие постановление о назначении административного наказания, приостанавливают исполнение постановления в случае принесения протеста на вступившее в законную силу постановление по делу об административном правонарушении до рассмотрения протеста. О приостановлении исполнения постановления выносится определение, которое при необходимости немедленно направляется в орган, должностному лицу, приводящим это определение в исполнение.
2. Принесение протеста на постановление об административном аресте или административном приостановлении деятельности не приостанавливает исполнение этого постановления. (в ред. Федерального закона от 09.05.2005 N 45-ФЗ)
Статья 31.7. Прекращение исполнения постановления о назначении административного наказания
Судья, орган, должностное лицо, вынесшие постановление о назначении административного наказания, прекращают исполнение постановления в случае:
1) издания акта амнистии, если такой акт устраняет применение административного наказания;
2) отмены или признания утратившими силу закона или его положения, устанавливающих административную ответственность за содеянное;
3) смерти лица, привлеченного к административной ответственности, или объявления его в установленном законом порядке умершим;
4) истечения сроков давности исполнения постановления о назначении административного наказания, установленных статьей 31.9 настоящего Кодекса;
5) отмены постановления;
6) вынесения в случаях, предусмотренных настоящим Кодексом, постановления о прекращении исполнения постановления о назначении административного наказания. (п. 6 введен Федеральным законом от 09.05.2005 N 45-ФЗ)
Статья 31.8. Разрешение вопросов, связанных с исполнением постановления о назначении административного наказания
1. Вопросы о разъяснении способа и порядка исполнения, об отсрочке, о рассрочке, приостановлении
или прекращении исполнения постановления о назначении административного наказания, а также о взыскании административного штрафа, наложенного на несовершеннолетнего, с его родителей или иных законных представителей рассматриваются судьей, органом, должностным лицом, вынесшими постановление, в трехдневный срок со дня возникновения основания для разрешения соответствующего вопроса. (в ред. Федерального закона от 02.10.2007 N 225-ФЗ)
2. Лица, заинтересованные в разрешении вопросов, указанных в части 1 настоящей статьи, извещаются о месте и времени их рассмотрения. При этом неявка заинтересованных лиц без уважительных причин не является препятствием для разрешения соответствующих вопросов.
3. Решение по вопросам о разъяснении способа и порядка исполнения, об отсрочке, о рассрочке, приостановлении исполнения постановления о назначении административного наказания, а также о взыскании административного штрафа, наложенного на несовершеннолетнего, с его родителей или иных законных представителей выносится в виде определения. Копия определения вручается под расписку физическому лицу или законному представителю юридического лица, в отношении которых оно вынесено, а также потерпевшему. В случае отсутствия указанных лиц копии определения высылаются им в течение трех дней со дня его вынесения, о чем делается соответствующая запись в деле. (в ред. Федерального закона от 02.10.2007 N 225-ФЗ)
4. Решение по вопросу о прекращении исполнения постановления о назначении административного наказания выносится в виде постановления.
Статья 31.9. Давность исполнения постановления о назначении административного наказания
1. Постановление о назначении административного наказания не подлежит исполнению в случае, если это постановление не было приведено в исполнение в течение двух лет со дня его вступления в законную силу. (в ред. Федерального закона от 21.04.2011 N 71-ФЗ)
2. Течение срока давности, предусмотренного частью 1 настоящей статьи, прерывается в случае, если лицо, привлеченное к административной ответственности, уклоняется от исполнения постановления о назначении административного наказания. Исчисление срока давности в этом случае возобновляется со дня обнаружения указанного лица либо его вещей, доходов, на которые в соответствии с постановлением о назначении административного наказания может быть обращено административное взыскание.
3. В случае отсрочки или приостановления исполнения постановления о назначении административного наказания в соответствии со статьями 31.5, 31.6, 31.8 настоящего Кодекса течение срока давности приостанавливается до истечения срока отсрочки или срока приостановления.
4. В случае рассрочки исполнения постановления о назначении административного наказания течение срока давности продлевается на срок рассрочки.
Статья 31.10. Окончание производства по исполнению постановления о назначении административного наказания
1. Постановление о назначении административного наказания, по которому исполнение произведено полностью, с отметкой об исполненном административном наказании возвращается органом, должностным лицом, приводившими постановление в исполнение, судье, органу, должностному лицу, вынесшим постановление.
2. Постановление о назначении административного наказания, по которому исполнение не производилось или произведено не полностью, возвращается органом, должностным лицом, приводившими постановление в исполнение, судье, органу, должностному лицу, вынесшим постановление, в случае:
1) если по адресу, указанному судьей, органом, должностным лицом, вынесшими постановление, не проживает, не работает или не учится привлеченное к административной ответственности физическое лицо, не находится привлеченное к административной ответственности юридическое лицо либо не находится имущество указанных лиц, на которое может быть обращено административное взыскание;
2) если у лица, привлеченного к административной ответственности, отсутствуют имущество или доходы, на которые может быть обращено административное взыскание, и меры по отысканию имущества
такого лица оказались безрезультатными;
3) если истек срок давности исполнения постановления о назначении административного наказания, предусмотренный статьей 31.9 настоящего Кодекса.
3. В случаях, указанных в пунктах 1 и 2 части 2 настоящей статьи, должностное лицо, на исполнении у которого находится постановление о назначении административного наказания, составляет соответствующий акт, утверждаемый вышестоящим должностным лицом.
4. Возвращение постановления о назначении административного наказания по основаниям, указанным в пунктах 1 и 2 части 2 настоящей статьи, не является препятствием для нового обращения этого постановления к исполнению в пределах срока, предусмотренного статьей 31.9 настоящего Кодекса.
Статья 31.11. Исполнение постановления о назначении административного наказания лицу, проживающему или находящемуся за пределами Российской Федерации и не имеющему на территории Российской Федерации имущества
Исполнение постановления о назначении административного наказания лицу, проживающему или находящемуся за пределами Российской Федерации и не имеющему на территории Российской Федерации имущества, производится в соответствии с законодательством Российской Федерации и международными договорами Российской Федерации с государством, на территории которого проживает или находится это лицо, а также с государством, на территории которого находится имущество лица, привлеченного к административной ответственности.
Глава 32. ПОРЯДОК ИСПОЛНЕНИЯ ОТДЕЛЬНЫХ ВИДОВ АДМИНИСТРАТИВНЫХ НАКАЗАНИЙ
Статья 32.1. Исполнение постановления о назначении административного наказания в виде предупреждения
Постановление о назначении административного наказания в виде предупреждения исполняется судьей, органом, должностным лицом, вынесшими постановление, путем вручения или направления копии постановления в соответствии со статьей 29.11 настоящего Кодекса.
Статья 32.2. Исполнение постановления о наложении административного штрафа
1. Административный штраф должен быть уплачен лицом, привлеченным к административной ответственности, не позднее тридцати дней со дня вступления постановления о наложении административного штрафа в законную силу либо со дня истечения срока отсрочки или срока рассрочки, предусмотренных статьей 31.5 настоящего Кодекса.
2. При отсутствии самостоятельного заработка у несовершеннолетнего административный штраф взыскивается с его родителей или иных законных представителей.
3. Сумма административного штрафа вносится или переводится лицом, привлеченным к административной ответственности, в кредитную организацию, в том числе с привлечением банковского платежного агента или банковского платежного субагента, осуществляющих деятельность в соответствии с Федеральным законом "О национальной платежной системе", организацию федеральной почтовой связи либо платежному агенту, осуществляющему деятельность в соответствии с Федеральным законом от 3 июня 2009 года N 103-ФЗ "О деятельности по приему платежей физических лиц, осуществляемой платежными агентами". (часть 3 в ред. Федерального закона от 27.06.2011 N 162-ФЗ)
4. Утратил силу с 1 января 2008 года. - Федеральный закон от 24.07.2007 N 210-ФЗ.
5. При отсутствии документа, свидетельствующего об уплате административного штрафа, по истечении срока, указанного в части 1 настоящей статьи, судья, орган, должностное лицо, вынесшие постановление, направляют в течение трех суток постановление о наложении административного штрафа с отметкой о его неуплате судебному приставу-исполнителю для исполнения в порядке, предусмотренном федеральным законодательством. Кроме того, должностное лицо федерального органа исполнительной власти, структурного подразделения или территориального органа, иного государственного органа, рассмотревших дело об административном правонарушении, либо уполномоченное лицо коллегиального органа, рассмотревшего дело об административном правонарушении, составляет протокол об административном правонарушении, предусмотренном частью 1 статьи 20.25 настоящего Кодекса, в
отношении лица, не уплатившего административный штраф. Протокол об административном правонарушении, предусмотренном частью 1 статьи 20.25 настоящего Кодекса, в отношении лица, не уплатившего административный штраф по делу об административном правонарушении, рассмотренному судьей, составляет судебный пристав-исполнитель. (в ред. Федеральных законов от 08.12.2003 N 161-ФЗ, от 24.07.2007 N 210-ФЗ, от 02.10.2007 N 225-ФЗ, от 09.11.2009 N 249-ФЗ, от 28.12.2009 N 380-ФЗ, от 18.07.2011 N 225-ФЗ, от 18.07.2011 N 226-ФЗ)
Части шестая - седьмая утратили силу. - Федеральный закон от 08.12.2003 N 161-ФЗ.
Статья 32.3. Утратила силу. - Федеральный закон от 09.11.2009 N 249-ФЗ.
Статья 32.4. Исполнение постановления о конфискации вещи, явившейся орудием совершения или предметом административного правонарушения (в ред. Федерального закона от 28.12.2010 N 398-ФЗ)
1. Постановление судьи о конфискации вещи, явившейся орудием совершения или предметом административного правонарушения, исполняется судебным приставом-исполнителем в порядке, предусмотренном федеральным законодательством, а постановление о конфискации оружия и боевых припасов - органами внутренних дел. (в ред. Федерального закона от 28.12.2010 N 398-ФЗ)
2. Реализация конфискованных вещей, явившихся орудиями совершения или предметами административного правонарушения, осуществляется в порядке, установленном Правительством Российской Федерации. (в ред. Федерального закона от 28.12.2010 N 398-ФЗ)
3. Конфискованные экземпляры произведений и фонограмм, материалы и оборудование, используемые для их воспроизведения, и иные орудия совершения административного правонарушения, предусмотренного частью 1 статьи 7.12 настоящего Кодекса, подлежат уничтожению, за исключением случаев передачи конфискованных экземпляров произведений или фонограмм обладателю авторских прав или смежных прав по его просьбе. Если указанные орудия или предметы были изъяты в соответствии со статьей 27.10 настоящего Кодекса или арестованы в соответствии со статьей 27.14 настоящего Кодекса, то их уничтожение или передача производится судьей или по его поручению органом, должностное лицо которого произвело изъятие или арест. (в ред. Федеральных законов от 27.12.2005 N 193-ФЗ, от 02.10.2007 N 225-ФЗ)
Статья 32.5. Органы, исполняющие постановления о лишении специального права
1. Постановление судьи о лишении права управления транспортным средством, за исключением трактора, самоходной машины и других видов техники, исполняется должностными лицами органов внутренних дел.
2. Постановление судьи о лишении права управления трактором, самоходной машиной или другими видами техники исполняется должностными лицами органов, осуществляющих государственный надзор за техническим состоянием тракторов, самоходных машин и других видов техники.
3. Постановление судьи о лишении права управления судном (в том числе маломерным) исполняется должностными лицами органов, осуществляющих государственный надзор за соблюдением правил пользования судами (в том числе маломерными).
4. Постановление судьи о лишении права на эксплуатацию радиоэлектронных средств или высокочастотных устройств исполняется должностными лицами органов, осуществляющих государственный надзор за связью.
5. Постановление судьи о лишении права осуществлять охоту исполняется должностными лицами органов, уполномоченных в области охраны, контроля и регулирования использования объектов животного мира, отнесенных к охотничьим ресурсам, и среды их обитания. (часть 5 в ред. Федерального закона от 24.07.2009 N 209-ФЗ)
6. Постановление судьи о лишении права на приобретение и хранение или хранение и ношение оружия и патронов к нему исполняется должностными лицами органов внутренних дел. (часть 6 введена Федеральным законом от 28.12.2010 N 398-ФЗ)
Статья 32.6. Порядок исполнения постановления о лишении специального права
1. Исполнение постановления о лишении права управления транспортным средством соответствующего вида или другими видами техники осуществляется путем изъятия соответственно водительского удостоверения, удостоверения на право управления судами (в том числе маломерными) или удостоверения тракториста-машиниста (тракториста), если водитель, судоводитель или тракторист-машинист (тракторист) лишен права управления всеми видами транспортных средств, судов (в том числе маломерных) и другой техники, или временного разрешения на право управления транспортным средством соответствующего вида. (в ред. Федерального закона от 24.07.2007 N 210-ФЗ)
2. Исполнение постановления о лишении права на эксплуатацию радиоэлектронных средств или высокочастотных устройств осуществляется путем изъятия специального разрешения на эксплуатацию радиоэлектронных средств или высокочастотных устройств. Порядок изъятия специального разрешения на эксплуатацию радиоэлектронных средств или высокочастотных устройств устанавливается федеральным органом исполнительной власти, осуществляющим государственный надзор за связью в Российской Федерации.
3. Исполнение постановления о лишении права осуществлять охоту осуществляется путем аннулирования охотничьего билета. (часть 3 в ред. Федерального закона от 24.07.2009 N 209-ФЗ)
3.1. Исполнение постановления о лишении права на приобретение и хранение или хранение и ношение оружия и патронов к нему осуществляется путем аннулирования лицензии на приобретение оружия и (или) разрешения на хранение или хранение и ношение оружия и патронов к нему и изъятия оружия и патронов к нему. (часть 3.1 введена Федеральным законом от 28.12.2010 N 398-ФЗ)
4. По истечении срока лишения специального права документы, изъятые у лица, подвергнутого данному виду административного наказания (за исключением временного разрешения на право управления транспортным средством соответствующего вида), подлежат возврату по его требованию в течение одного рабочего дня. (часть четвертая в ред. Федерального закона от 24.07.2007 N 210-ФЗ)
5. Хранение невостребованных документов осуществляется в течение трех лет. По истечении указанного срока невостребованные документы подлежат уничтожению. (часть пятая введена Федеральным законом от 24.07.2007 N 210-ФЗ)
Статья 32.7. Исчисление срока лишения специального права
1. Течение срока лишения специального права начинается со дня вступления в законную силу постановления о назначении административного наказания в виде лишения соответствующего специального права.
1.1. В течение трех рабочих дней со дня вступления в законную силу постановления о назначении административного наказания в виде лишения соответствующего специального права лицо, лишенное специального права, должно сдать документы, предусмотренные частями 1 - 3 статьи 32.6 настоящего Кодекса, в орган, исполняющий этот вид административного наказания (в случае, если документы, указанные в части 1 статьи 32.6 настоящего Кодекса, ранее не были изъяты в соответствии с частью 3 статьи 27.10 настоящего Кодекса), а в случае утраты указанных документов заявить об этом в указанный орган в тот же срок. (часть 1.1 в ред. Федерального закона от 01.07.2010 N 145-ФЗ)
2. В случае уклонения лица, лишенного специального права, от сдачи соответствующего удостоверения (специального разрешения) или иных документов срок лишения специального права прерывается. Течение срока лишения специального права начинается со дня сдачи лицом либо изъятия у него соответствующего удостоверения (специального разрешения) или иных документов, а равно получения органом, исполняющим этот вид административного наказания, заявления лица об утрате указанных документов. (в ред. Федерального закона от 01.07.2010 N 145-ФЗ)
3. Течение срока лишения специального права в случае назначения лицу, лишенному специального права, административного наказания в виде лишения того же специального права начинается со дня, следующего за днем окончания срока административного наказания, примененного ранее.
Статья 32.8. Исполнение постановления об административном аресте
1. Постановление судьи об административном аресте исполняется органами внутренних дел немедленно после вынесения такого постановления.
2. Лицо, подвергнутое административному аресту, содержится под стражей в месте, определяемом органами внутренних дел. При исполнении постановления об административном аресте осуществляется личный досмотр лица, подвергнутого административному аресту.
3. Срок административного задержания засчитывается в срок административного ареста.
4. Отбывание административного ареста осуществляется в порядке, установленном Правительством Российской Федерации.
Статья 32.9. Исполнение постановления об административном выдворении за пределы Российской Федерации иностранных граждан или лиц без гражданства
Постановление об административном выдворении за пределы Российской Федерации иностранных граждан или лиц без гражданства исполняется:
1) пограничными органами - при совершении административных правонарушений, предусмотренных частью 2 статьи 18.1, частью 2 статьи 18.4 настоящего Кодекса; (в ред. Федеральных законов от 30.06.2003 N 86-ФЗ, от 07.03.2005 N 15-ФЗ)
2) федеральным органом исполнительной власти, уполномоченным на осуществление функций по обеспечению установленного порядка деятельности судов, исполнению судебных актов, актов иных органов и должностных лиц - при назначении судьей иностранному гражданину или лицу без гражданства административного наказания в виде административного выдворения за пределы Российской Федерации в форме принудительного выдворения за пределы Российской Федерации. (п. 2 в ред. Федерального закона от 06.12.2011 N 410-ФЗ)
Статья 32.10. Порядок исполнения постановления об административном выдворении за пределы Российской Федерации иностранных граждан или лиц без гражданства
1. Исполнение постановления об административном выдворении за пределы Российской Федерации иностранного гражданина или лица без гражданства производится путем официальной передачи иностранного гражданина или лица без гражданства представителю властей иностранного государства, на территорию которого указанное лицо выдворяется, либо путем контролируемого самостоятельного выезда лица, подлежащего административному выдворению за пределы Российской Федерации.
2. Об административном выдворении иностранного гражданина или лица без гражданства из пункта пропуска через Государственную границу Российской Федерации уведомляются власти иностранного государства, на территорию или через территорию которого указанное лицо выдворяется, если административное выдворение предусмотрено международным договором Российской Федерации с указанным государством.
3. В случае, если передача лица, подлежащего административному выдворению за пределы Российской Федерации, представителю властей иностранного государства не предусмотрена международным договором Российской Федерации с указанным государством, административное выдворение лица осуществляется в месте, определяемом пограничными органами. (в ред. Федерального закона от 30.06.2003 N 86-ФЗ)
4. Исполнение постановления об административном выдворении за пределы Российской Федерации иностранного гражданина или лица без гражданства оформляется в виде двустороннего или одностороннего акта, который приобщается к постановлению или к материалам исполнительного производства. (в ред. Федерального закона от 06.12.2011 N 410-ФЗ)
5. Утратил силу с 1 января 2012 года. - Федеральный закон от 06.12.2011 N 410-ФЗ.
6. Иностранный гражданин или лицо без гражданства, которым назначено административное наказание в виде административного выдворения за пределы Российской Федерации в форме контролируемого самостоятельного выезда из Российской Федерации, обязаны выехать из Российской Федерации в течение пяти дней после дня вступления в силу постановления судьи о назначении соответствующего административного наказания. (часть 6 введена Федеральным законом от 06.12.2011 N 410-ФЗ)
7. Федеральный орган исполнительной власти, уполномоченный на осуществление функций по контролю и надзору в сфере миграции, осуществляет контроль за исполнением иностранным гражданином или лицом без гражданства постановления о его административном выдворении за пределы Российской Федерации в форме контролируемого самостоятельного выезда из Российской Федерации. (часть 7 введена Федеральным законом от 06.12.2011 N 410-ФЗ)
Статья 32.11. Исполнение постановления о дисквалификации
1. Постановление о дисквалификации должно быть немедленно после вступления постановления в законную силу исполнено лицом, привлеченным к административной ответственности. (в ред. Федеральных законов от 29.04.2006 N 57-ФЗ, от 17.07.2009 N 160-ФЗ)
2. Исполнение постановления о дисквалификации производится путем прекращения договора (контракта) с дисквалифицированным лицом. (в ред. Федерального закона от 17.07.2009 N 160-ФЗ)
При заключении договора (контракта) уполномоченное заключить договор (контракт) лицо обязано запросить информацию о наличии дисквалификации физического лица в органе, ведущем реестр дисквалифицированных лиц. (в ред. Федерального закона от 17.07.2009 N 160-ФЗ)
3. Формирование и ведение реестра дисквалифицированных лиц осуществляются органом, уполномоченным Правительством Российской Федерации.
Информация, содержащаяся в реестре дисквалифицированных лиц, является открытой для ознакомления. Заинтересованные лица вправе получить за плату информацию из реестра дисквалифицированных лиц в виде выписок о конкретных дисквалифицированных лицах. Порядок формирования и ведения реестра дисквалифицированных лиц, а также размер платы за предоставление информации из реестра определяется Правительством Российской Федерации.
4. Копия вступившего в силу постановления о дисквалификации направляется вынесшим его судом в орган, уполномоченный Правительством Российской Федерации, либо его территориальный орган.
Статья 32.12. Исполнение постановления об административном приостановлении деятельности
(введена Федеральным законом от 09.05.2005 N 45-ФЗ)
1. Постановление судьи, органа, должностного лица, назначивших административное наказание в виде административного приостановления деятельности, исполняется судебным приставом-исполнителем немедленно после вынесения такого постановления. (часть 1 в ред. Федерального закона от 23.07.2010 N 171-ФЗ)
2. При административном приостановлении деятельности производится наложение пломб, опечатывание помещений, мест хранения товаров и иных материальных ценностей, касс, а также применяются другие меры по исполнению указанных в постановлении об административном приостановлении деятельности мероприятий, необходимых для исполнения административного наказания в виде административного приостановления деятельности.
При административном приостановлении деятельности не допускается применение мер, которые могут повлечь необратимые последствия для производственного процесса, а также для функционирования и сохранности объектов жизнеобеспечения.
3. Административное приостановление деятельности досрочно прекращается судьей, органом,
должностным лицом, назначившими административное наказание в виде административного приостановления деятельности, по ходатайству лица, осуществляющего предпринимательскую деятельность без образования юридического лица, или юридического лица, если будет установлено, что обстоятельства, послужившие основанием для назначения административного наказания в виде административного приостановления деятельности, устранены. При этом судьей, органом, должностным лицом, назначившими административное наказание в виде административного приостановления деятельности, в обязательном порядке запрашивается заключение должностного лица, уполномоченного в соответствии со статьей 28.3 настоящего Кодекса составлять протокол об административном правонарушении. При поступлении соответствующего запроса судьи в целях подготовки заключения должностное лицо, уполномоченное в соответствии со статьей 28.3 настоящего Кодекса составлять протокол об административном правонарушении, проверяет устранение обстоятельств, послуживших основанием для назначения административного наказания в виде административного приостановления деятельности. Заключение дается в письменной форме с указанием фактов, свидетельствующих об устранении или о неустранении лицом, осуществляющим предпринимательскую деятельность без образования юридического лица, или юридическим лицом обстоятельств, послуживших основанием для назначения административного наказания в виде приостановления деятельности. Заключение не является обязательным для судьи, органа, должностного лица, назначивших административное наказание в виде административного приостановления деятельности, и оценивается по правилам, установленным статьей 26.11 настоящего Кодекса. Несогласие судьи, органа, должностного лица с заключением должно быть мотивировано. Ходатайство рассматривается судьей, органом, должностным лицом, назначившими административное наказание в виде административного приостановления деятельности, в пятидневный срок со дня поступления ходатайства в порядке, предусмотренном главой 29 настоящего Кодекса, с учетом особенностей, установленных настоящей статьей. При этом для участия в рассмотрении ходатайства вызывается лицо, осуществляющее предпринимательскую деятельность без образования юридического лица, или законный представитель юридического лица, которые вправе давать объяснения и представлять документы. (в ред. Федеральных законов от 23.07.2010 N 171-ФЗ, от 18.07.2011 N 242-ФЗ)
4. После исследования представленных документов судья, орган, должностное лицо, назначившие административное наказание в виде административного приостановления деятельности, выносят постановление о прекращении исполнения административного наказания в виде административного приостановления деятельности или об отказе в удовлетворении ходатайства. (в ред. Федерального закона от 23.07.2010 N 171-ФЗ)
В постановлении о досрочном прекращении исполнения административного наказания в виде административного приостановления деятельности указываются сведения, предусмотренные статьей 29.10 настоящего Кодекса, а также дата возобновления деятельности лица, осуществляющего предпринимательскую деятельность без образования юридического лица, или юридического лица, его филиала, представительства, структурного подразделения, производственного участка, а также эксплуатации агрегатов, объектов, зданий или сооружений, осуществления отдельных видов деятельности (работ), оказания услуг.
5. По истечении срока, установленного в постановлении об административном приостановлении деятельности, в случае, если исполнение административного наказания в виде административного приостановления деятельности не прекращено досрочно по основаниям и в порядке, предусмотренным частями 3 и 4 настоящей статьи, должностное лицо, уполномоченное в соответствии со статьей 28.3 настоящего Кодекса составлять протокол об административном правонарушении, проверяет устранение обстоятельств, послуживших основанием для назначения административного наказания в виде административного приостановления деятельности.
В случае, если по результатам проведенной проверки будет установлено, что обстоятельства, послужившие основанием для назначения административного наказания в виде административного приостановления деятельности, не устранены, должностным лицом, уполномоченным в соответствии со статьей 28.3 настоящего Кодекса составлять протокол об административном правонарушении, может быть составлен новый протокол об административном правонарушении и могут быть применены меры обеспечения производства по делу об административном правонарушении в порядке, предусмотренном главой 27 настоящего Кодекса. (часть 5 введена Федеральным законом от 18.07.2011 N 242-ФЗ)
Президент Российской Федерации
В.ПУТИН Москва, Кремль
30 декабря 2001 года
N 195-ФЗ