Lawyer under Article 200.2 of the Criminal Code of the Russian Federation, smuggling of alcoholic beverages and tobacco products

Statistics indicate that criminal cases related to smuggling, that is, the illegal movement of goods and valuables across the border, are not uncommon. Shadow business is closely connected with the import of imported products and the export of exported products, and since every businessman wants to make more profit due to an increased batch of goods and not pay duties to the state treasury, it becomes clear that mainly , entrepreneurs. These include individuals, legal entities, as well as ordinary citizens engaged in the so-called shuttle business.

Tax crimes are committed intentionally, although there are often cases when the violator or criminal simply misunderstands the rules of tax legislation. They are written, like other legal documents, in a rather specific language that requires certain knowledge for interpretation. One way or another, ignorance of the laws does not excuse one from responsibility, and this fact should become an ascribed truth for those who cross the state border.

We should not be dismissive of border violations. History shows that in Soviet times the law was especially harsh on smugglers. But even today, some articles of the criminal code, in particular, article 200.2 of the Criminal Code of the Russian Federation, are associated with punishment in the form of imprisonment.

When a citizen commits a crime consciously, he understands the full extent of responsibility in the event of a crime being discovered. But what is the surprise of those who, for their seemingly legal actions, are accused of committing a criminal offense? It is unacceptable for an innocent person to bear criminal responsibility. Unfortunately, the law is not perfect. To be more precise, criminal procedural rules are imperfect, therefore, when receiving charges, you need the help of a qualified lawyer.

Crimes related to violation of customs legislation are assessed negatively by the state. In addition to the fact that our judicial system is a priori accusatory in nature, smuggling directly threatens the country’s foreign economic security and destroys the domestic market.

Many years of work experience allows me to act as a lawyer under Article 200.2 of the Criminal Code of the Russian Federation in St. Petersburg. I provide consultations and provide practical legal assistance in criminal cases of smuggling of alcohol and tobacco products.

Smuggling of alcoholic beverages and tobacco products

Article 200.2 of the Criminal Code of the Russian Federation “Smuggling of alcohol and (or) tobacco products” was introduced at the end of 2014. It determines liability for the illegal movement of alcohol, tobacco and tobacco products across the border. In the first time after the publication of this article, the proportion of offenses and crimes increased. But the modern market for legal services in Russia does not stand still, so soon enough the knowledge gap in the field of customs control among average citizens was more or less filled.

But if before crossing the border one consultation with a lawyer is enough, then when receiving charges of a criminal offense, one such consultation will not correct the situation. This requires the full assistance of a competent lawyer. The word “comprehensive” is mentioned for a reason. The lawyer will protect the interests of the accused at different stages of the case, from investigative measures to trial.

Judicial practice in such cases has already formed in sufficient volume, so you should seek help from a lawyer who has experience in handling smuggling cases. Until 2014, violations of customs legislation were within the purview of administrative law, so actual practice began relatively recently. Specialists who once worked in customs authorities, investigative authorities or the prosecutor's office come to the fore.

Despite the fact that criminal liability is fully regulated by the Criminal Code of the Russian Federation and the Code of Criminal Procedure of the Russian Federation, crimes related to the illegal transportation of goods across the border are considered specifically, long and “painfully”. Often the matter takes on an international character. A lawyer who specializes in the nuances of customs law must constantly be aware of the latest changes in legislation. There are much fewer such specialists than generalist criminal lawyers. This explains their high employment and, as a consequence, the increased cost of legal services.

The subjects of the crime are citizens who have reached the age of 16. The objective side of the crime is the transportation across the border of alcoholic beverages or tobacco products in an amount exceeding 250,000 rubles. However, it should be understood that, under the terms of international agreements, it is allowed to transport a certain amount of alcohol and cigarettes per person. The lawyer's defense strategy is based on proving the absence of direct intent. But judicial practice shows that the court is most often inclined to objective circumstances rather than to the content of the words of the accused.

Objective characteristics of cigarette smuggling

Smuggling is assessed as the redirection across state borders of material assets, any goods, prohibited items and all kinds of substances with any violations of the legislation established in the customs sphere. Illegal transportation of prohibited items is qualified in accordance with Article 188 of the Code of the Russian Federation. Due to the state's participation in the customs union, new borders have emerged.

The corpus delicti at the time the crime is committed is considered formal, therefore the crime will be considered committed and completed immediately at the moment the prohibited goods cross state borders. The following may be considered as aggravating features of the crime:

1. Committing violations of customs regulations on an especially large scale;
2. Presence of a preliminary conspiracy to illegally transport cigarettes and alcohol;
3. Committing a crime by an organized group with prior conspiracy.

Is it possible to do without the help of a lawyer?

The Internet gives the modern user almost limitless possibilities. Various types of legal literature are directly accessible, and you can find both official sources and articles published by practicing lawyers. Against the backdrop of such information saturation, many people think that they can refuse the services of a lawyer, while saving a considerable amount. Note that the monetary factor is the only one, and for other reasons no one would refuse a lawyer. This gives a significant plus to the fact that you still need the help of a lawyer.

Still, let us examine the logic of people who are inclined to refuse legal services. The first problem they will have to face is the inability to select the necessary information, that is, an ordinary citizen is unlikely to know which laws, acts, decrees and resolutions he must study in order to carry out a kind of “educational education.” He, of course, can receive appropriate advice online, and it will probably even be free for him, but it is necessary to understand that not a single professional lawyer can provide effective assistance remotely without familiarizing himself with the circumstances of the case. And even if he names those regulatory and legislative documents that the accused must study, it is possible that for independent defense he will need knowledge of related areas of law.

For example, a lawyer under Article 200.2 of the Criminal Code of the Russian Federation must be well versed in the nuances of criminal law, customs law, administrative law, be a financier and know the features of criminal procedural law, and must also have experience communicating with representatives of the customs service, investigative authorities and have experience participating in litigation meetings.

The next problem is related to the correct interpretation of regulatory documents. Each of them contains a lot of unclear terms and links to other documents. Articles of the Criminal Code contain notes and comments that discuss the interpretation of concepts. Such an incorrect interpretation will lead to an incorrect legal assessment of the current situation, which will negatively affect the consequences of conducting a criminal case.

A lot of work needs to be done to ensure protection. In addition to direct participation in investigative activities, the accused will have to collect documentary evidence. This takes a lot of time and it is unlikely that the employer will cooperate in this regard. In addition, the status of a lawyer allows him to make official inquiries, send petitions and complaints. A person who has never encountered criminal proceedings will not be able to correctly draw up the above documents.

Finally, the very presence of a lawyer has a certain sobering effect on the investigators. If the accused defends himself on his own, then it is possible that a case will be fabricated against him at an accelerated pace, where most of the evidence of guilt is simply “far-fetched.” Unfortunately, the judge will not understand the legality of the obtained incriminating evidence and, based on the materials presented, will issue a harsh sentence.

Linden transit

We lived for a long time without knowing what tobacco smuggling was, except for the Polish Marlboros at the beginning of the 2000s. Moreover, our cigarettes were cheaper than abroad, so if they were driving the “double bass”, it was not they for us, but we for them.

Everything changed in 2014. The Customs Union was created, and goods, including excise goods, were able to move freely across the border without duties. Another event is that Russia has increased excise taxes on tobacco.

— As a result, the tobacco industry began to provide the budget with about 600 billion rubles a year - this is the second result after oil and gas. Cherkassky said. — And the cost of cigarettes has become 2-4 times more expensive than in neighboring countries.

In such a situation, it is quite logical that cheap cigarettes from neighboring countries began to appear in our country. Firstly, selling them in Russia has become very profitable, and secondly, the absence of a border makes it easier to deliver illegal cargo.

Here's how it's done. The main tobacco donor is neighboring Belarus. Excise taxes there are practically zero, while the quality of tobacco is quite good - this is noted by both ordinary smokers and specialists. Modern imported equipment, quality control, assistance from the country's leadership - tobacco factories belong to the state.

One of the most common schemes is to draw up an agreement through a front company for the supply of Belarusian cigarettes, for example, to Kyrgyzstan in transit through Russia, experts say. The product at the procurement stage turns out to be as cheap as possible, since it does not even have an internal Belarusian excise tax - it is not applied to export products. Then, in a secluded place in the Smolensk or Bryansk region, the truck is unloaded. The goods are distributed along the chain to small wholesalers and retail outlets. A fake Russian excise stamp may be applied to the product. Or maybe nothing will be applied - such cigarettes will not be released into stores, but through the Internet, which is controlled even less than retail outlets.

No one cares whether the truck reaches Kyrgyzstan or not. The Belarusian factory received money for the goods. The Russian side also has no reason to sound the alarm: according to the documents, no cigarettes were unloaded from us - the truck was in transit. And no one will ask anything of the fictitious buyer in the destination country either: he didn’t sell anything, didn’t hide taxes - what questions should be asked of him?

But an obvious solution arises: if transit transport has entered, is it really difficult to control whether it left the country and where?

There is another option for this scheme - simply buy a batch of cigarettes from a Belarusian factory with internal excise taxes. And without any transit agreements, drive this batch across the border to our Mother Race: smoke for your health.

Such reckless drivers are caught with the help of customs mobile teams. You can’t check at the border, but when the car has driven 100 kilometers, then it can be inspected.

The third option is when cigarettes are purchased by individuals. With Belarusian excise stamp, through the retail network. And then they export the goods to Russia.

But since for personal use, even across the border with the countries of the EAEU, from 2021 you can transport no more than one unit (10 packs or 200 cigarettes), small smugglers operate in teams, taking in numbers. Or they make hiding places. The most common are secret pockets in clothes. Customs officers already know this trick and especially carefully inspect those wearing loose clothing. More inventive ones hide cigarette blocks in the tires - to the rim. For this purpose, customs have devices like X-rays - they scan through and immediately see strange growths inside the wheel.

If cigarettes are transported by trucks from Belarus and in smaller volumes from Kazakhstan, then they also carry them “on their own” from Abkhazia and Donbass - tobacco factories also operate there and supply goods to Russia. Residents of border regions engage in petty smuggling.

Where do they bring counterfeit goods to us?

Photo: Dmitry POLUKHIN

Features of legal defense

The main features of a lawyer’s defense strategy directly follow from the difficulties listed above. You can list the stages of a defense lawyer’s work during the pre-trial investigation and directly at the court hearing.

1. A lawyer working on the basis of a signed agreement examines the specific situation and gives the necessary advice. There may be several of them, since the tactics of the accused’s behavior change depending on newly discovered circumstances.
2. For effective defense, it is necessary to give a legal assessment of the actions of the accused and the actions of customs officials. It may well turn out that the accusation was not entirely legal, that is, the actions of the accused are classified far from the article under which he is accused.
3. The lawyer assesses the seriousness of the current situation not only by the wording of the charge. He requests materials that the investigation has. Based on what has been learned, the legal assistant predicts the development of events, sets specific goals and begins to develop a defense strategy.
4. Client protection is built in one of several directions. The lawyer's efforts are aimed at:

• Termination of criminal prosecution due to the absence of a crime in the actions of the defendant;
• Suppression of illegal actions on the part of law enforcement officials;
• An acquittal of his client based on the evidence of innocence presented;
• Reduction of a sentence in the presence of mitigating circumstances or imposition of a non-custodial sentence.

1. It is not always the case that a criminal case ends in the court of first instance. If the defendant does not agree with the decision, he can file an appeal, which is drawn up by a lawyer, and then participates in the appellate court.

Criminal liability for cigarette smuggling

smuggling is specified in Article 200 of the Criminal Code of the Russian Federation, which regulates the elements of the crime, its qualifications, considerations, and the application of criminal punishment in each individual case. State legislation addresses cases of large-scale transportation. This quantity considers the total cost of transported products, which exceeds 250 thousand rubles. In this case, the following penalties may be applied:

1. A monetary fine, which can vary from 300 thousand rubles to 1 million rubles;
2. Complete seizure of the criminal’s income received during the last one to three years;
3. Forced physical labor for a period of up to five years;
4. Imprisonment for up to five years.

If property confiscation measures are applied to criminals, not only objects of illegal transportation are subject to confiscation, but also all materials, equipment and devices intended for the production of tobacco and alcohol products.

Also, cigarette smuggling, regardless of the country of delivery or export - Israel and Cyprus , can be carried out not only by one criminal, but also by special categories of citizens: a group of persons who are in a preliminary criminal conspiracy, as well as an official who plans to take advantage of his judicial position in for criminal purposes. For a crime committed by a group of persons or an official, offenders face severe criminal penalties:

1. Imprisonment for a term of three to seven years;
2. Imprisonment with an additional fine, which must correspond to the income of the offender for a period of three years;
3. Imprisonment with an additional fine of up to 1 million rubles.

Tobacco smuggling, which is committed by an organized group, is considered a crime with special classification. In this situation, the term of imprisonment for the attacker can range from seven to twelve years. In this case, an additional fine of 2 million rubles may be applied.

Author of the article

Dmitry Leonov

Work experience 15 years, specialization - housing, family, inheritance, land, criminal cases.

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Defense under Article 200.2 of the Criminal Code of the Russian Federation in St. Petersburg

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The scourge of the Russian budget

The large-scale turnover of illegal tobacco annually leads to a loss of revenue for the Russian state budget. According to expert estimates, at the end of 2021 the treasury lost more than 70 billion rubles, and at the end of 2019 - over 100 billion rubles. In 2021, the amount of losses decreased due to a decrease in the share of illegal tobacco products on the Russian market, due to the introduction of epidemiological restrictions in the Russian Federation in the form of border closures and restrictions on the operation of retail enterprises, as well as as a result of increased activity by law enforcement and customs authorities. However, the figure generally remained at the same level: the budget received less than 85 billion rubles. Legitimate businesses are also suffering damage. Small retail loses 10 billion rubles annually due to a decrease in turnover caused by unfair competition from illegal traders. Large networks do not disclose the volume of losses, but these are definitely very large amounts.

Illegal cigarettes are counterfeit and unlabeled products produced outside of Russia, which are smuggled and sold illegally without paying excise taxes and taxes. The share of the shadow segment in the Russian market on average at the end of 2020 is estimated at 11%. The key advantage of illegal cigarettes is their cost, which is usually two to three times lower than that of a marked pack, that is, 50–70 rubles versus 140 rubles per pack in 2021. At the end of 2021, as follows from a study by the analytical agency Nielsen, about 85% of all illegal tobacco products in Russia were imported from outside our country. At the same time, the main source of illegal cigarettes is the EAEU countries. Tobacco products coming from the territory of these countries and sold without paying excise duty and other taxes to the Russian budget amounted to 64.3% of the total volume of illegal tobacco products on the Russian market. It is noteworthy that the absolute leadership among illegal cigarettes in Russia belongs to Belarusian products, the share of which in 2021 exceeded 50% of the entire illegal market.

The opportunity to receive huge income for Belarusian producers is provided by the extremely low excise tax burden within the country. Unlike Russia, Belarus is in no hurry to increase excise tax rates on the domestic market: instead of the planned increase of 25% in 2021, they will increase by only 15%, and in two stages by 10% from January 1 and by another 5% only from the second half of 2021 of the year. As a result, Belarusian manufacturers are actively exploiting the advantages of the single customs space. The country does not fight against illegal supplies of industrial products to the territory of other EAEU member countries. Although this approach clearly contradicts the agreements within the union.