Article 16.18. Failure to export or re-import goods and (or) vehicles by individuals
1. Failure to export from the customs territory of the Customs Union by individuals temporarily imported goods and (or) vehicles within the established time limits for temporary import -
shall entail the imposition of an administrative fine on citizens in the amount of one thousand five hundred to two thousand five hundred rubles with or without confiscation of goods and (or) vehicles that were the subjects of an administrative offense, or confiscation of the subjects of an administrative offense.
2. Failure by individuals to re-import into the Russian Federation temporarily exported goods subject to mandatory re-import in accordance with the legislation of the Russian Federation -
entails the imposition of an administrative fine on citizens in the amount of the value of the goods that were the subject of an administrative offense.
- Article 16.17. Submission of invalid documents for the release of goods before filing a customs declaration
- Article 16.19. Failure to comply with customs procedures
Commentary to Art. 16.18 Code of Administrative Offenses
1. The object of the offense is the requirements of the customs regime of temporary import.
2. The Labor Code establishes that temporarily imported goods must be returned unchanged. The period for temporary import of goods is established by the customs authority and cannot exceed two years. On the day of expiration of the established deadlines, unreturned temporarily imported goods must be declared under a different customs regime or placed in temporary storage warehouses. Failure to export previously imported goods and vehicles outside the customs territory of the Russian Federation or failure to return previously imported goods constitutes the objective side of the offense. If the specified goods were not imported (exported) and represent cultural, historical, artistic or archaeological value, liability arises under Art. 190 of the Criminal Code of the Russian Federation.
3. In accordance with Art. 74 of the Labor Code, a person who temporarily exported goods and did not return them within the established time frame is not liable to the customs authority only if force majeure or natural wear and tear occurred under normal transportation conditions.
Commentary on Article 16.3 of the Code of Administrative Offenses of the Russian Federation
1. The object of the offense in this article is the procedure for the import into or export from the Russian Federation of goods and vehicles in respect of which prohibitions established in accordance with federal laws <150> apply. According to the Federal Law “On the Fundamentals of State Regulation of Foreign Trade Activities”, quantitative restrictions on exports and imports may be introduced in exceptional cases by the Government of the Russian Federation in order to: ensure the national security of the Russian Federation; fulfillment of the international obligations of the Russian Federation, taking into account the state of the domestic commodity market; protection of the domestic market of the Russian Federation in accordance with Art. 18 of this Federal Law. ——————————— <150> See: Federal Law of December 8, 2003 N 164-FZ (as amended on February 2, 2006) “On the fundamentals of state regulation of foreign trade activities” // NW RF. 2003. N 50. Art. 4850.
2. In accordance with the Customs Code, goods and vehicles prohibited for import into the Russian Federation or export from the Russian Federation are subject to immediate export outside the Russian Federation (this includes firearms, narcotic drugs and psychotropic substances <151>, toxic substances, precious metals and stones <152>, color copying tools, etc.). The following measures can be used to protect the economic interests of the Russian Federation: special protective measures, anti-dumping measures, countervailing measures, export control, control over the quality of goods, quotas and licensing of export-import operations. ——————————— <151> See: Federal Law of January 8, 1998 N 3-FZ “On Narcotic Drugs and Psychotropic Substances” (as amended on May 9, 2005) // NW RF. 1998. N 2. Art. 219; 2002. N 30. Art. 3033; 2003. N 2. Art. 167.
<152> See: Federal Law of March 26, 1998 N 41-FZ “On Precious Metals and Precious Stones” (as amended on July 18, 2005) // SZ RF. 1998. N 13. Art. 1463.
3. When bringing to justice under this article, it is necessary to establish what prohibitions and restrictions were applied to a specific imported or exported product and what their violation consisted of.
Judicial practice under Article 16.18 of the Code of Administrative Offenses
Resolution of the Supreme Court of the Russian Federation dated November 7, 2017 N 127-AD17-13
Judge of the Supreme Court of the Russian Federation S.B. Nikiforov, having considered the complaint of Vladimir Olegovich Prokoshin against the decision of the judge of the Dzhankoy District Court of the Republic of Crimea dated July 8, 2016 N 5-1077, which entered into legal force /2016, decision of the judge of the Supreme Court of the Republic of Crimea dated 09/08/2016 N 12-1241/2016 and resolution of the Deputy Chairman of the Supreme Court of the Republic of Crimea dated 03/09/2017 N 4a-79/2017, issued in relation to Vladimir Olegovich Prokoshin (hereinafter referred to as V. Prokoshin). O.) in a case of an administrative offense provided for in Part 1 of Article 16.18 of the Code of the Russian Federation on Administrative Offences,
Resolution of the Supreme Court of the Russian Federation dated December 11, 2017 N 57-AD17-15
Judge of the Supreme Court of the Russian Federation V.P. Merkulov, having considered the complaint of Igor Valerievich Odarchenko against the ruling of the judge of the Valuysky District Court of the Belgorod Region dated 10/06/2016 N 5-97/2016, the ruling of the judge of the Valuysky District Court of the Belgorod Region dated 12/01/2016 N 5-97/2016 and the resolution of the acting deputy chairman of the Belgorod Regional Court dated 06.06.2017 N 4A-275/2017, issued in relation to Igor Valerievich Odarchenko (hereinafter referred to as I.V. Odarchenko) in the case of an administrative offense under Part 1 Article 16.18 of the Code of the Russian Federation on Administrative Offences,
Cassation ruling of the Judicial Collegium for Administrative Cases of the Supreme Court of the Russian Federation dated September 22, 2021 N 117-KAD21-13-K4
These circumstances are also confirmed by the ruling dated May 28, 2021 on the initiation of a case for an administrative offense, provided for in Article 12.24 of the Code of the Russian Federation on Administrative Offenses, in relation to Efanov B.B., by the resolution of the acting head of the State Traffic Safety Inspectorate of the Ministry of Internal Affairs of Russia for the city of Sudak dated October 11, 2021 on the termination of this case, and are also reflected in the resolution of the Crimean Customs dated April 17, 2021 on the imposition of an administrative penalty in the case of an administrative offense, provided for in Part 1 of Article 16.18 of the Code of the Russian Federation on Administrative Offenses, in relation to Efanov B.B.
Can a criminal case under Part 2 of Article 161 of the Criminal Code of the Russian Federation be terminated due to the reconciliation of the parties?
Hello. Can a criminal case under Part 2 of Article 161 of the Criminal Code of the Russian Federation be terminated due to the reconciliation of the parties?
Lawyer Antonov A.P.
Good afternoon According to Part 2 of Article 161 of the Criminal Code of the Russian Federation, robbery committed: a) by a group of persons by prior conspiracy; c) with illegal entry into a home, premises or other storage; d) using violence that is not dangerous to life or health, or with the threat of using such violence; e) on a large scale - is punishable by forced labor for a term of up to five years, or by imprisonment for a term of up to seven years, with or without a fine in the amount of up to ten thousand rubles or in the amount of the wages or other income of the convicted person for a period of up to one month, and with restriction of freedom for a term of up to one year or without it. According to Article 15 of the Criminal Code of the Russian Federation, depending on the nature and degree of public danger, the acts provided for by this Code are divided into crimes of minor gravity, crimes of medium gravity, serious crimes and especially serious crimes. Crimes of minor gravity are recognized as intentional and careless acts, for the commission of which the maximum punishment provided for by this Code does not exceed three years of imprisonment. Crimes of average gravity are recognized as intentional acts, for the commission of which the maximum penalty provided for by this Code does not exceed five years of imprisonment, and careless acts, for the commission of which the maximum penalty provided for by this Code does not exceed ten years of imprisonment. Grave crimes are intentional acts, for the commission of which the maximum penalty provided for by this Code does not exceed ten years of imprisonment, and careless acts, for the commission of which the maximum penalty provided for by this Code does not exceed fifteen years of imprisonment. Particularly serious crimes are intentional acts, the commission of which is punishable by this Code in the form of imprisonment for a term of over ten years or a more severe punishment. Taking into account the actual circumstances of the crime and the degree of its public danger, the court has the right, in the presence of mitigating circumstances and in the absence of aggravating circumstances, to change the category of the crime to a less serious one, but not more than one category of crime, provided that for committing the crime specified in part three of this article, the convicted person is sentenced to a sentence not exceeding three years of imprisonment, or another more lenient punishment; for committing a crime specified in part four of this article, the convicted person is sentenced to a punishment not exceeding five years of imprisonment, or another more lenient punishment; for committing a crime specified in part five of this article, the convicted person is sentenced to a punishment not exceeding seven years of imprisonment. According to Article 76 of the Criminal Code of the Russian Federation, a person who has committed a crime of minor or medium gravity for the first time can be released from criminal liability if he has reconciled with the victim and made amends for the harm caused to the victim. According to Articles 61 and 62 of the Criminal Code of the Russian Federation, the following are recognized as mitigating circumstances: a) the commission of a crime of minor or moderate gravity for the first time due to a random combination of circumstances; b) the minority of the perpetrator; c) pregnancy; d) the presence of young children with the perpetrator; e) committing a crime due to a combination of difficult life circumstances or out of compassion; f) committing a crime as a result of physical or mental coercion or due to financial, official or other dependence; g) commission of a crime in violation of the conditions of legality of necessary defense, detention of the person who committed the crime, extreme necessity, justified risk, execution of an order or instruction; h) illegality or immorality of the behavior of the victim, which was the reason for the crime; i) confession, active assistance in solving and investigating a crime, exposing and prosecuting other accomplices in a crime, searching for property obtained as a result of a crime; j) provision of medical and other assistance to the victim immediately after the commission of a crime, voluntary compensation for property damage and moral harm caused as a result of the crime, and other actions aimed at making amends for the harm caused to the victim. When assigning a punishment, circumstances not provided for in the first part of this article may be taken into account as mitigating factors. If a mitigating circumstance is provided for by the relevant article of the Special Part of this Code as a sign of a crime, it in itself cannot be taken into account again when assigning punishment. In the presence of mitigating circumstances provided for in paragraphs “and” and (or) “k” of part one of Article 61 of this Code, and in the absence of aggravating circumstances, the term or amount of punishment cannot exceed two-thirds of the maximum term or amount of the most severe type of punishment provided for in the relevant article of the Special parts of this Code. In the case of concluding a pre-trial agreement on cooperation in the presence of mitigating circumstances provided for in paragraph “and” of part one of Article 61 of this Code, and in the absence of aggravating circumstances, the term or amount of punishment cannot exceed half the maximum term or amount of the most severe type of punishment provided for in the relevant article of the Special Part of this Code. The provisions of part one of this article do not apply if the corresponding article of the Special Part of this Code provides for life imprisonment or the death penalty. In this case, the punishment is imposed within the sanction of the relevant article of the Special Part of this Code. In the case of concluding a pre-trial agreement on cooperation, if the relevant article of the Special Part of this Code provides for life imprisonment or the death penalty, these types of punishment are not applied. In this case, the term or amount of punishment cannot exceed two-thirds of the maximum term or amount of the most severe type of punishment in the form of imprisonment, provided for by the relevant article of the Special Part of this Code. The term or amount of punishment imposed on a person in respect of whom a criminal case is considered in the manner prescribed by Chapter 40 of the Criminal Procedure Code of the Russian Federation cannot exceed two-thirds of the maximum term or amount of the most severe type of punishment provided for the crime committed, and in the case, specified in Article 226.9 of the Criminal Procedure Code of the Russian Federation - one-half of the maximum term or amount of the most severe type of punishment provided for the crime committed. Thus, since the crime provided for in Part 2 of Article 161 of the Criminal Code of the Russian Federation is serious, the termination of the criminal case in connection with the reconciliation of the parties is not carried out, however, this fact will be taken into account when assigning punishment.
Sincerely, lawyer Anatoly Antonov, managing partner of the law firm Antonov and Partners.
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