ST 169 of the Criminal Code of the Russian Federation.
1. Unlawful refusal of state registration of an individual entrepreneur or legal entity or evasion of their registration, unlawful refusal to issue a special permit (license) to carry out certain activities or evasion of its issuance, restriction of the rights and legitimate interests of an individual entrepreneur or legal entity, depending on organizational and legal form, as well as illegal restriction of independence or other illegal interference in the activities of an individual entrepreneur or legal entity, if these acts were committed by an official using his official position, -
shall be punishable by a fine in the amount of two hundred thousand to five hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to eighteen months, or by deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years with a fine in the amount of up to eighty thousand rubles, or in the amount of wages or other income of the convicted person for a period of up to six months, or by compulsory work for a period of up to three hundred and sixty hours.
2. The same acts committed in violation of a judicial act that has entered into legal force, as well as causing large-scale damage, -
shall be punishable by deprivation of the right to hold certain positions or engage in certain activities for a period of three to five years with a fine in the amount of up to two hundred and fifty thousand rubles or in the amount of the wages or other income of the convicted person for a period of up to one year, or by compulsory labor for a term of up to four hundred and eighty hours. , or forced labor for a term of up to three years, or arrest for a term of up to six months, or imprisonment for a term of up to three years.
Note. In this article, major damage is defined as damage the amount of which exceeds one million five hundred thousand rubles.
Commentary to Art. 169 Criminal Code
1. The objective side of obstructing legal business or other activities is described in the law using five alternative actions and two forms of inaction by an official.
2. The law includes among the actions:
a) unlawful refusal of state registration of an individual entrepreneur or legal entity. Refusal on legal grounds is possible in the following cases (see Article 23 of the Federal Law of August 8, 2001 N 129-FZ “On State Registration of Legal Entities and Individual Entrepreneurs”): a) failure by the applicant to submit the documents necessary for state registration; b) submission of documents to an improper registration authority; c) failure to comply with the notarial form of the submitted documents in cases where such form is required; d) signing by an unauthorized person of an application for state registration or an application for amendments to information about a legal entity contained in the Unified State Register of Legal Entities; e) withdrawal of participants of a limited liability company from the company, as a result of which not a single participant remains in the company, as well as withdrawal of the only participant of a limited liability company from the company, etc.;
b) unlawful refusal to issue a special permit (license) for the right to carry out certain activities. Federal Law No. 99-FZ of May 4, 2011 “On licensing of certain types of activities” established a list of types of activities for which a permit (license) is required, the licensing procedure, deadlines (5 days from the date of receipt of the application for a license with all necessary documents), and also enshrined in paragraph 7 of Art. 14 grounds for legal refusal to issue a license. These include: a) the presence of unreliable or distorted information in the license application submitted by the license applicant and (or) the documents attached to it; b) the non-compliance of the license applicant with the licensing requirements established during the inspection; c) the presence in relation to the license applicant of a decision to cancel a previously issued license for this type of activity;
c) restriction of the rights and legitimate interests of an individual entrepreneur or legal entity depending on the organizational and legal form means a discriminatory approach to various economic entities. It can be expressed, for example, in a ban on issuing licenses for a certain type of activity to everyone, with the exception of municipal unitary enterprises, etc.;
d) restriction of independence or
e) other illegal interference in the activities of an individual entrepreneur or legal entity. The law does not specify the types of interference in the activities of an individual entrepreneur or legal entity. Therefore, they can be anything, but they are not necessarily based on the current law. For example, a ban on concluding agreements with certain entrepreneurs for the sale of goods, establishing a maximum volume of production or sales of products, forcing the appointment of certain persons to various positions, etc.
3. The law defines inaction as: evasion of state registration of an individual entrepreneur or legal entity or the issuance of a special permit (license). In these forms, the crime will be considered completed from the moment the deadlines established for registration or issuance of a license expire, provided that there are legal grounds for committing these actions.
4. A mandatory feature of the objective side is the method - the use by an official of his official position, i.e. those powers, as well as authority, that a person has by virtue of his position to commit a crime.
5. If the obstruction of legal business activity continues after a court decision determining the illegality of the official’s actions (Part 2 of Article 169 of the Criminal Code), then another official may also be the subject of the crime; it is only necessary that it be aware of the existence of a corresponding court decision that has entered into legal force.
6. The large amount of damage is expressed both in the form of real material damage and mainly in the form of lost profits. In total it must exceed 1.5 million rubles.
7. The guilt of an official in relation to the damage caused by his actions can be either intentional or careless.
Arbitrage practice
For 2021, investigative authorities and courts Art. 169 of the Criminal Code of the Russian Federation is practiced quite rarely. This is explained by the fact that the disposition is difficult to interpret; it is quite difficult to distinguish it from numerous elements of corruption and official crimes.
One way or another, there is a practice of passing sentences against officials for obstructing business activities in our country.
Thus, by the verdict of the Radishchevsky District Court of the Ulyanovsk Region in case No. 22-1594/2014, defendant Bimeev R.Kh. was found guilty under Part 1 of Art. 169 of the Criminal Code of the Russian Federation and was sentenced to a fine for imposing consulting services that the enterprise did not need.
By the verdict of the Magistrate of the judicial district No. 2 of the Pervomaisky judicial district of the city of Kirov in case No. 10-11/2017 Koshkin P.V. convicted under Part 1 of Art. 169 of the Criminal Code of the Russian Federation and was sentenced to a fine for interfering with the work of the enterprise.
By the verdict of the Zainsky City Court of the Republic of Tatarstan in case No. 1-76/2017 Galimova G.M. convicted of a combination of crimes (including Part 1 of Article 169 of the Criminal Code of the Russian Federation).
Second commentary to Art. 169 of the Criminal Code of the Russian Federation
1. The composition protects the legal, i.e. entrepreneurial or other activities carried out in accordance with the legislation of the Russian Federation.
2. The concept of entrepreneurial activity is given in Art. 2 GK. She:
1) represents an independent initiative activity;
2) carried out by the subject on its own behalf, at its own risk, under its own property liability;
3) aimed at generating profit, which is the goal of economic activity;
4) carried out on a permanent (professional) basis.
3. Other activities can be any (social, charitable, political).
4. The objective side is the obstruction of legitimate business or other activities.
5. Forms of criminal obstruction:
1) unlawful refusal to register an individual entrepreneur or legal entity;
2) evasion of their registration;
3) unlawful refusal to issue a special permit (license) to carry out certain activities;
4) evasion of its issuance;
5) restriction of the rights and legitimate interests of an individual entrepreneur or legal entity depending on the organizational and legal form;
6) illegal restriction of independence or other illegal interference in the activities of an individual entrepreneur or legal entity.
6. Obstruction of legitimate business or other activities is completed from the moment the act is committed.
7. The subjective side under Part 1 of the article is characterized by direct intent.
8. The subject of obstruction is an official if he uses his official position.
9. Qualifying characteristics are provided for in Part 2 of the article.
Article 169 of the RF Housing Code. Contributions for major repairs of common property in an apartment building
Housing Code>Title IX Housing Code of the Russian Federation. ORGANIZATION OF CAPITAL REPAIRS OF COMMON PROPERTY IN MULTIPLE APARTMENT BUILDINGS>Chapter 15 of the Housing Code of the Russian Federation. GENERAL PROVISIONS ABOUT CAPITAL REPAIRS OF COMMON PROPERTY IN APARTMENT BUILDINGS AND THE PROCEDURE FOR ITS FINANCING>Article 169. Contributions for major repairs of common property in an apartment building
1. Owners of premises in an apartment building are required to pay monthly contributions for major repairs of common property in an apartment building, with the exception of cases provided for in part 2 of this article, part 8 of article 170 and part 5 of article 181 of this Code, in the amount established in accordance with part 8.1 of Article 156 of this Code, or, if the corresponding decision is made by the general meeting of owners of premises in an apartment building, in a larger amount.
2. Contributions for major repairs are not paid by the owners of premises in an apartment building that is recognized in accordance with the procedure established by the Government of the Russian Federation as being in disrepair and subject to demolition, as well as in the event that an executive body of state power or a local government body makes decisions on the seizure of a land plot for state or municipal needs, on which this apartment building is located, and on the seizure of each residential premises in this apartment building, with the exception of residential premises owned by the Russian Federation, a constituent entity of the Russian Federation or a municipal entity. Owners of premises in an apartment building are exempt from the obligation to pay contributions for major repairs starting from the month following the month in which the decision to withdraw such a land plot was made.
2.1. The law of a constituent entity of the Russian Federation may provide for the provision of compensation for the costs of paying a contribution for major repairs, calculated based on the minimum amount of the contribution for major repairs per one square meter of total living space per month, established by a regulatory legal act of a constituent entity of the Russian Federation, and the size of the regional standard of regulatory area of residential premises used to calculate subsidies, single non-working owners of residential premises living alone who have reached the age of seventy years - in the amount of fifty percent, eighty years - in the amount of one hundred percent, as well as living as part of a family consisting only of non-working citizens living together pension age, owners of residential premises who have reached the age of seventy years - in the amount of fifty percent, eighty years - in the amount of one hundred percent.
3. The obligation to pay contributions for major repairs arises for the owners of premises in an apartment building after the expiration of the period established by the law of the constituent entity of the Russian Federation, which is no less than three and no more than eight calendar months, starting from the month following the month in which the approved document was officially published regional capital repair program in which this apartment building is included, except for the case established by part 5.1 of Article 170 of this Code.
4. Income from the transfer for use of common property in an apartment building, funds from a homeowners’ association, housing cooperative, including income from the economic activities of a homeowners’ association, housing cooperative, may be allocated by decision of the owners of premises in an apartment building, or by the decision of members of the owners’ association housing, a decision of members of a housing cooperative, adopted in accordance with this Code, the charter of a homeowners’ association, the charter of a housing cooperative, to form a capital repair fund to fulfill the obligation of the owners of premises in an apartment building to pay contributions for major repairs and (or) to form part of capital repair fund in excess of that formed on the basis of the established minimum contribution for capital repairs, which can be used to finance any services and (or) work on major repairs of common property in an apartment building.
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