Article 229 of the Criminal Code of the Russian Federation with Commentary 2021: latest changes and amendments, judicial practice

ST 229 of the Criminal Code of the Russian Federation.

1. Theft or extortion of narcotic drugs or psychotropic substances, as well as plants containing narcotic drugs or psychotropic substances, or their parts containing narcotic drugs or psychotropic substances, is punishable by imprisonment for a term of three to seven years, with restriction of freedom for a term of up to one year or without it.

2. The same acts committed: a) by a group of persons by prior conspiracy; b) has become invalid; c) by a person using his official position; d) using violence that is not dangerous to life or health, or with the threat of using such violence; e) in a significant amount - is punishable by imprisonment for a term of six to ten years with a fine in the amount of up 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 three years, or without it and with restriction of freedom for a term of up to one year or without it.

3. Acts provided for in parts one or two of this article, if they are committed: a) by an organized group; b) on a large scale; c) with the use of violence dangerous to life or health, or with the threat of using such violence, - d) has become invalid, - shall be punishable by imprisonment for a term of eight to fifteen years with a fine in the amount of up to five hundred thousand rubles or in the amount of wages or other income of the convicted person for the period 4. Acts provided for in parts one, two or three of this article, if committed on an especially large scale, are punishable by imprisonment for a term of fifteen to twenty years with a fine in the amount of up to one million rubles or in the amount of wages wages or other income of the convicted person for a period of up to five years or without it and with restriction of freedom for a period of up to two years or without it.

Commentary to Art. 229 Criminal Code

1. The subject of the crime is narcotic drugs, psychotropic substances and their analogues, as well as plants containing narcotic drugs or psychotropic substances, or parts of such plants (see commentary to Article 228 of the Criminal Code).

2. The objective side of the crime is theft in any form or extortion of the items specified in the article.

3. Responsibility for the theft of items specified in the disposition of the article occurs in cases of unlawful seizure of them from legal entities or individuals who own them legally or illegally. Theft also includes the collection of plants included in the List given in Decree of the Government of the Russian Federation of November 27, 2010 N 934, from the lands of agricultural and other enterprises, as well as from the land plots of citizens on which these plants are illegally grown.

4. Actions for subsequent storage, processing, transportation, forwarding, and sale of items specified in the law should be qualified under Art. 229 of the Criminal Code and for the totality of crimes under Art. 228 of the Criminal Code or under Art. 228.1 CC.

5. For significant, large, especially large amounts of narcotic drugs, psychotropic substances, plants containing narcotic drugs or psychotropic substances, or parts of such plants, see Decree of the Government of the Russian Federation of October 1, 2012 N 1002.

Subject of the act

They are substances belonging to another person (foreign substances). The perpetrator does not have any right to them (neither disputed nor valid), regardless of the presence of an indication of the retail price on them.

A small amount of stolen goods does not have any impact on the degree of danger to society. Accordingly, a small amount of stolen substances cannot serve as a basis for transferring the crime specified in Article 229 of the Criminal Code of the Russian Federation to the category of non-criminal due to its insignificance.

Second commentary to Art. 229 of the Criminal Code of the Russian Federation

1. The subject of the crime in question is narcotic drugs or psychotropic substances, as well as plants (or parts thereof) containing narcotic drugs or psychotropic substances (see comments to Article 228 of the Criminal Code).

2. Theft of the above-mentioned funds, substances and objects means their illegal and gratuitous removal from the legal or illegal possession of legal entities or individuals for the purpose of personal consumption or illegal use in any other way. Theft is also recognized as the collection of drug-containing plants or their parts (pods and stems of poppies, stems of hemp, etc.) from the land plots of agricultural and other enterprises and from the land plots of citizens on which these plants are grown (see paragraph 23 of the resolution of the Plenum of the Supreme Court of the Russian Federation dated June 15, 2006). At the same time, the collection of wild drug-containing plants, as well as the collection of such plants from land plots where they are grown legally or illegally, after the completion of harvesting and removal of protection in connection with this, cannot be considered as theft and is subject to qualification under Art. 228 CC.

3. The theft of relevant funds, substances and objects is recognized as a completed crime from the moment of the actual seizure of these funds and substances and the perpetrator has a real opportunity to use the stolen property or dispose of it in another way. However, the theft of these funds and substances by robbery should be considered a completed crime not from the moment of seizure of these funds and substances, but with the beginning of the attack, coupled with the use or threat of use of violence dangerous to life or health, and committed for the purpose of theft of narcotic or psychotropic drugs substances.

4. Extortion of the means, substances and objects named in the disposition means an illegal demand for their transfer to the perpetrator or persons represented by him under the threat of violence, destruction or damage to property or the dissemination of information disgracing the victim or his relatives, or other information, the publicity of which could cause significant harm the rights or legitimate interests of the victim or his relatives.

In this form, the crime is considered completed from the moment an illegal demand is presented to transfer narcotic drugs or psychotropic substances, supported by a corresponding threat.

5. Victims of extortion can be not only citizens who legally or illegally possess the means, substances or objects specified in the law, but also persons empowered to issue documents giving the right to legally purchase narcotic drugs or psychotropic substances, as well as persons who have access to narcotic drugs or psychotropic substances, or persons whose production or official activities are related to the legal circulation of narcotic drugs or psychotropic substances (clause 24 of the resolution).

6. The acquisition of narcotic drugs or psychotropic substances is fully covered by theft or extortion and does not require additional qualifications. However, subsequent storage, processing, transportation, forwarding, sale or processing of narcotic drugs or psychotropic substances obtained as a result of theft or extortion must be classified as a set of crimes provided for in Art. 229 and 228 or 228.1 of the Criminal Code (clause 25 of the resolution).

7. Theft or extortion of narcotic drugs or psychotropic substances committed by a stable armed group must be classified as a set of crimes provided for in Art. 229 and 209 of the Criminal Code (clause 26 of the resolution). The totality of crimes provided for in Art. 229 and 210 of the Criminal Code constitute theft or extortion of narcotic drugs or psychotropic substances committed by a criminal community.

8. From the subjective side, the crime in question is committed only with direct intent.

9. The subject of a crime can be a person who has reached the age of 14 years.

10. Qualified types of the crime in question are characterized by its commission under the circumstances specified in Part 2 of Art. 229 CC.

The content of signs of an act being committed by a group of persons by prior conspiracy (clause “a”), the use by a person of his official position (clause “c”) in the theft or extortion of narcotic drugs or psychotropic substances is similar to their content in Art. 228.1 CC.

Theft or extortion of narcotic drugs or psychotropic substances using violence not dangerous to life or health, or with the threat of using such violence (clause “d”) means that when committing the crime in question, the perpetrator actually used violence not dangerous to life or health , or threatened to use just such violence if there were real reasons to fear that this threat would be carried out (see commentary to paragraph “d”, Part 2 of Article 161 of the Criminal Code).

11. For a significant amount (item “e”), see comments to Art. 228 CC.

12. Particularly qualified types of the analyzed crime are characterized by its commission in the presence of one of the three especially aggravating circumstances listed in Part 3 of Art. 229 CC.

13. The commission of this crime by an organized group must be understood in accordance with Part 3 of Art. 35 of the Criminal Code of the Russian Federation.

14. The large amount of narcotic drugs or psychotropic substances must be established in accordance with Decree of the Government of the Russian Federation of October 1, 2012 No. 1002.

15. In paragraph “c” of Part 3 of Art. 229 of the Criminal Code provides for the commission of this crime both in the case of actual use and in the case of a real threat of use of violence dangerous to life or health (see comments to paragraph “c” of Part 2 of Article 126, to Article 162 of the Criminal Code). The use of violence or the threat of its use is fully covered by the crime provided for in paragraph “c” of Part 3 of Art. 229 and does not require additional qualifications under Art. 162 or 163 of the Criminal Code (clause 26 of the resolution). But in cases of actual infliction of grievous harm to the health of the victim, the deed follows along with paragraph “c” of Part 3 of Art. 229 of the Criminal Code shall be additionally qualified under Art. 111 of the Criminal Code.

Forms and punishments

For extortion/theft of narcotic/psychotropic compounds, plants/their parts containing these compounds, the perpetrator faces 3-7 years in prison. In addition to this punishment, Part 1 of Article 229 of the Criminal Code of the Russian Federation allows for the possibility of imposing restriction of freedom on the subject for up to 1 year.

The sanction for these acts is toughened if they are committed:

By several citizens by prior agreement.
Subject using official status.
With the use of violent actions that are not recognized as dangerous to health/life, or with threats of their use.
On a significant scale.

Based on Part 2, the perpetrators are charged with 6-10 years in prison. In addition, the following may be prescribed:

Collection of up to 500 tr. or in the amount of income for a period not exceeding 3 years.
Up to a year of restriction of freedom.

The offenses provided for in parts 1 and 2 may be committed:

An organized group.
In an amount considered large under the Criminal Code.
With the use of violent actions that pose a danger to health/life, or with the threat of their use.

For such acts, responsibility is established by the 3rd part of Article 229 of the Criminal Code of the Russian Federation. Those found guilty face 8-15 years in prison. At the discretion of the court, in addition the following may be charged:

Fine up to 500 thousand rubles. or equal to income for 3 years.
Up to 2 years of restriction of freedom.

If the above acts are committed in an amount recognized as particularly large, the subjects face 15-20 years in prison with an additional fine of up to 1 million rubles. or recovery of the amount of income for 5 years or restriction of freedom for up to 2 years or without these sanctions.

Services

What I owe is written down in the tax code, everything I don’t owe is written down in the criminal code. The rest is at my discretion!..

Conflicts in the field of corporate law are among the most dangerous in the field of business law. The Company's internal corporate documentation must be as clear and precise as possible and indicate the rights and obligations of the participants (shareholders) of the Company. If disagreements have already appeared, the partners should sit down at the negotiating table and try to find a way out of the current situation: from dividing the business to distributing powers. Often, controversial issues that arise among shareholders or co-owners turn out to be purely legal, and in the presence of an intermediary lawyer, the partners quickly come to an agreement.

Legal assistance from lawyers in relations with contractors

All documents in relations with counterparties must be carried out through lawyers. On the one hand, it may seem that detailed elaboration of all projects, actions, and materials increases the level of bureaucratization of business. But this is only at first glance. The main goal of a detailed study (analysis) of all counterparty documents by lawyers is to minimize risks and avoid contact with unscrupulous counterparties. Involving a lawyer in negotiations with counterparties and the client on the issue of concluding an agreement (contract) and the procedure for its implementation allows the client to receive qualified legal assistance directly at the conclusion of the contract, which will help avoid mistakes and the need to correct them.

Providing debt collection services (collection of receivables)

Recently, the main threat to business security is loan obligations and the potential threat of bankruptcy. The more time passes from the beginning of disagreements, the more difficult it is to come to an agreement. Efficiency in resolving these issues is always welcome here.

Representation of client interests in tax disputes

With the adoption of the Tax Code of the Russian Federation, the rights of the taxpayer expanded significantly, in particular, the right to entrust the representation of their interests through authorized representatives - both legal entities and individuals - appeared.

Quite often there is a situation when a company has to solve problems with tax authorities that arise from the company’s business activities. And, as a rule, the company’s in-house lawyers do not have sufficient knowledge and experience to represent the company’s interests in the tax authorities.

In this situation, the taxpayer must contact a qualified specialist specializing in resolving tax disputes.

Representation of interests in tax authorities, and representation of client interests in Arbitration Courts is one of the main areas of activity of lawyer Amasyants E.A. Within this area, the lawyer provides the following types of services:

Legal analysis of tax situations that arise for the client when carrying out financial and economic activities
Tax consultation
Optimization of taxation by choosing the appropriate types of relationships with counterparties (both when concluding an agreement and by changing the terms of already concluded agreements), the most profitable determination of the composition of costs included in the cost, as well as by determining accounting methods that allow reducing the tax base .
Protection and representation of the interests of the customer (client) in relations with tax authorities during on-site tax audits.

Representation by a lawyer of the interests of business entities in their relations with law enforcement agencies

Law enforcement agencies carry out scheduled and unscheduled inspections of the activities of organizations and institutions in order to identify signs of a crime in the economic sphere. Such inspections are often associated with the seizure of documentation from the organization’s premises, which can significantly complicate the organization’s subsequent activities and even create a real threat to the complete cessation of activities. The activity of a lawyer at this stage is especially important, since his participation allows the client to avoid a number of mistakes. The main responsibility for the activities of the organization lies with the manager and chief accountant, and therefore legal protection should primarily be provided to these individuals. The right to use the assistance of a lawyer at the stage of an inspection is confirmed by the resolution of the Constitutional Court of the Russian Federation of June 27, 2000, according to which the right to use the assistance of a lawyer (defender) at the pre-trial stages of criminal proceedings is not allowed in all cases where the rights and freedoms of a person are significantly affected or may be affected by actions and measures related to criminal prosecution.

Preventive work

In modern conditions of economic activity in Russia, a businessman or merchant is constantly at risk of being deceived. Here it is necessary to draw the manager’s attention to the fact that the condition for normal and conflict-free activity of the organization must be, first of all, the own vigilance of the company’s management, the prudence and caution of the businessman himself. Unfortunately, proper vigilance and caution cannot always be demonstrated where it is needed. That is why at this stage you should hire a lawyer who will develop certain criteria for assessing your own steps and the steps of your partners when concluding all kinds of contracts, agreements, and agreements. These own steps are divided into:

Actions to prevent dishonest actions on the part of business partners;
Actions to prevent dishonest actions on the part of management itself, other managers and employees of the company.

Subject and object of the crime

According to the analyzed norm, the subject of a criminal act is PV and NS. However, as mentioned above, along with them, the Federal Law also specifies their analogues, precursors. Theft or extortion of the latter also constitutes a crime under Article 229 of the Criminal Code of the Russian Federation.

The object of the criminal attack is the health safety of an unlimited number of persons (the population). Additionally, depending on the composition, this capacity may include the health and life of individual citizens and property relations.

Objective side: description

The objective side can be expressed in two types of actions.

Firstly, the theft of NS and PV. What this is has been discussed above. The moment the theft ends is determined based on its form. The crime is considered completed at the moment of withdrawal of drugs and NS, as well as their analogues and precursors, and the guilty person has a real chance to dispose of them at his own discretion. If the theft is carried out by robbery (Article 229 of the Criminal Code, part 3, paragraph “B”), then it is considered completed from the beginning of the attack involving violence or the threat of its use.

Secondly, the objective side can manifest itself in the form of extortion. It is interpreted as an illegal demand by a criminal to transfer PV and NS to him or a third party under the threat of committing acts of a violent nature, or disseminating certain types of information that disgrace the victim and/or his relatives. Other types of information may also be used, the disclosure of which in one way or another could cause significant harm to the legitimate interests of the victim and his rights.

Extortion is considered committed from the moment when an illegal demand, supported by a threat, for the transfer of PV and/or NS was made.

Federal Law of October 2, 2007 No. 229-FZ

RUSSIAN FEDERATION

THE FEDERAL LAW

About enforcement proceedings

Adopted by the State Duma on September 14, 2007
Approved by the Federation Council on September 19, 2007

(As amended by federal laws dated May 13, 2008 No. 66-FZ, dated December 30, 2008 No. 306-FZ, dated June 3, 2009 No. 106-FZ, dated July 19, 2009 No. 205-FZ, dated September 27, 2009 No. 225-FZ, dated September 27, 2009 No. 226-FZ, dated December 17, 2009 No. 325-FZ, dated July 27, 2010 No. 213-FZ, dated February 7, 2011 No. 8-FZ, dated April 21, 2011 No. 71-FZ, dated June 27, 2011 No. 162-FZ, dated July 11, 2011 No. 196-FZ, dated July 18, 2011 No. 225-FZ, dated July 18, 2011 No. 226-FZ, dated November 21, 2011 No. 327-FZ, dated November 28, 2011 No. 336-FZ, dated 30.11.2011 No. 363-FZ, dated 03.12.2011 No. 383-FZ, dated 03.12.2011 No. 389-FZ, dated 06.12.2011 No. 401-FZ, dated 06.12.2011 No. 405-FZ, dated 06.12.2011 No. 410 -FZ, dated December 7, 2011 No. 415-FZ, dated July 28, 2012 No. 133-FZ, dated July 28, 2012 No. 144-FZ, dated April 5, 2013 No. 33-FZ, dated April 5, 2013 No. 49-FZ, dated July 23 .2013 No. 206-FZ, dated December 21, 2013 No. 358-FZ, dated December 21, 2013 No. 379-FZ, dated December 28, 2013 No. 383-FZ, dated December 28, 2013 No. 441-FZ, dated March 12, 2014 No. 34- Federal Law, dated 05.05.2014 No. 126-FZ, dated 07.21.2014 No. 216-FZ, dated 14.10.2014 No. 307-FZ, dated 22.10.2014 No. 315-FZ, dated 22.12.2014 No. 432-FZ, dated 29.12. 2014 No. 476-FZ, dated 03/08/2015 No. 23-FZ, dated 03/08/2015 No. 40-FZ, dated 03/08/2015 No. 41-FZ, dated 03/08/2015 No. 57-FZ, dated 04/06/2015 No. 82-FZ , dated June 29, 2015 No. 154-FZ, dated June 29, 2015 No. 186-FZ, dated June 29, 2015 No. 210-FZ, dated November 28, 2015 No. 340-FZ, dated December 29, 2015 No. 391-FZ, dated December 29, 2015 No. 393-FZ, dated December 30, 2015 No. 425-FZ, dated December 30, 2015 No. 444-FZ, dated March 9, 2016 No. 66-FZ, dated March 30, 2016 No. 80-FZ, dated May 1, 2016 No. 135-FZ, dated 07/03/2016 No. 274-FZ, dated 07/03/2016 No. 326-FZ, dated 07/03/2016 No. 360-FZ, dated 12/28/2016 No. 492-FZ, dated 05/28/2017 No. 101-FZ, dated 07/18/2017 No. 176-FZ, dated July 26, 2017 No. 190-FZ, dated July 26, 2017 No. 212-FZ, dated July 29, 2017 No. 236-FZ, dated November 14, 2017 No. 321-FZ, dated December 5, 2017 No. 382-FZ, dated 12/31/2017 No. 486-FZ, dated 03/07/2018 No. 48-FZ, dated 04/23/2018 No. 102-FZ, dated 06/04/2018 No. 133-FZ, dated 08/03/2018 No. 307-FZ, dated 11/28/2018 No. 451 -FZ, dated December 27, 2018 No. 514-FZ, dated December 27, 2018 No. 528-FZ, dated December 27, 2018 No. 539-FZ, dated February 21, 2019 No. 12-FZ, dated March 6, 2019 No. 24-FZ, dated July 26 .2019 No. 197-FZ, dated 08/02/2019 No. 287-FZ, dated 10/01/2019 No. 328-FZ, dated 11/12/2019 No. 375-FZ, dated 12/02/2019 No. 402-FZ, dated 12/27/2019 No. 454- Federal Law, dated 06/08/2020 No. 166-FZ, dated 07/31/2020 No. 259-FZ, dated 07/31/2020 No. 289-FZ, dated 12/08/2020 No. 429-FZ, dated 12/22/2020 No. 442-FZ, dated 12/30. 2020 No. 495-FZ, dated 06/29/2021 No. 234-FZ, dated 07/01/2021 No. 291-FZ, dated 07/02/2021 No. 360-FZ)

Chapter 1. Basic provisions

Article 1. Scope of this Federal Law

1. This Federal Law determines the conditions and procedure for the forced execution of judicial acts, acts of other bodies and officials who, in the exercise of powers established by federal law, are given the right to impose on foreign states, individuals (hereinafter also referred to as citizens), legal entities, the Russian Federation, subjects of the Russian Federation, municipalities (hereinafter also referred to as organizations) are obliged to transfer funds and other property to other citizens, organizations or the relevant budgets, or to perform certain actions in their favor or to refrain from performing certain actions. (As amended by Federal Law No. 393-FZ dated December 29, 2015)

2. The conditions and procedure for the execution of judicial acts on the transfer to citizens and organizations of funds from the corresponding budget of the budget system of the Russian Federation are established by the budget legislation of the Russian Federation.

3. The conditions and procedure for the execution of individual judicial acts, acts of other bodies and officials may be established by other federal laws. (Part introduced - Federal Law dated 04/05/2013 No. 33-FZ)

Article 2. Objectives of enforcement proceedings

The objectives of enforcement proceedings are the correct and timely execution of judicial acts, acts of other bodies and officials, and in cases provided for by the legislation of the Russian Federation, the execution of other documents in order to protect the violated rights, freedoms and legitimate interests of citizens and organizations, as well as in order to ensure the fulfillment of obligations under international treaties of the Russian Federation. (As amended by Federal Law dated May 5, 2014 No. 126-FZ)

Article 3. Legislation of the Russian Federation on enforcement proceedings

1. The legislation of the Russian Federation on enforcement proceedings is based on the Constitution of the Russian Federation and consists of this Federal Law, Federal Law of July 21, 1997 No. 118-FZ “On Compulsory Enforcement Bodies of the Russian Federation” (hereinafter referred to as the Federal Law “On Compulsory Enforcement Bodies of the Russian Federation”) Federation") and other federal laws regulating the conditions and procedure for the compulsory execution of judicial acts, acts of other bodies and officials. (As amended by Federal Law dated October 1, 2019 No. 328-FZ)

2. The norms of federal laws governing the conditions and procedure for the compulsory execution of judicial acts, acts of other bodies and officials must comply with this Federal Law.

3. On the basis of and in pursuance of this Federal Law, the President of the Russian Federation and the Government of the Russian Federation adopt regulatory legal acts on issues of ensuring enforcement proceedings.

4. If an international treaty of the Russian Federation establishes rules other than those provided for by the legislation of the Russian Federation on enforcement proceedings, then the rules of the international treaty apply.

5. Decisions of interstate bodies adopted on the basis of the provisions of international treaties of the Russian Federation in their interpretation, contrary to the Constitution of the Russian Federation, are not subject to execution in the Russian Federation. Such a contradiction may be established in the manner prescribed by federal constitutional law. (Part introduced - Federal Law No. 429-FZ dated 08.12.2020)

Article 4. Principles of enforcement proceedings

Enforcement proceedings are carried out on the principles:

1) legality;

2) timeliness of execution of enforcement actions and application of enforcement measures;

3) respect for the honor and dignity of a citizen;

4) the inviolability of the minimum property necessary for the existence of the debtor-citizen and members of his family;

5) correlation between the scope of the claimant’s demands and enforcement measures.

Article 5. Compulsory enforcement authorities

1. Compulsory execution of judicial acts, acts of other bodies and officials in the manner established by this Federal Law is entrusted to the Federal Bailiff Service and its territorial bodies. (As amended by Federal Law dated April 5, 2013 No. 33-FZ)

2. The direct implementation of functions for the forced execution of judicial acts, acts of other bodies and officials is assigned to bailiffs of structural divisions of the Federal Bailiff Service and bailiffs of structural divisions of territorial bodies of the Federal Bailiff Service (hereinafter referred to as the bailiff units). (As amended by Federal Law dated April 5, 2013 No. 49-FZ)

3. The powers of bailiffs are determined by this Federal Law, the Federal Law “On Compulsory Enforcement Bodies of the Russian Federation” and other federal laws. (As amended by Federal Law dated October 1, 2019 No. 328-FZ)

4. In order to ensure the forced execution of judicial acts, acts of other bodies and officials, as well as the exchange of information in electronic form, electronic documents with government bodies, other bodies, state extra-budgetary funds, organizations, persons participating in enforcement proceedings, the Federal Service bailiffs use state information systems. (Part introduced - Federal Law dated July 3, 2016 No. 274-FZ)

Article 6. Mandatory requirements of the bailiff

1. The legal requirements of a bailiff are mandatory for all state bodies, local governments, citizens and organizations and are subject to strict compliance throughout the entire territory of the Russian Federation.

2. In case of failure to comply with the legal requirements of the bailiff, he will apply the measures provided for by this Federal Law.

3. Failure to comply with the legal requirements of the bailiff, as well as obstruction of the bailiff’s functions of executing judicial acts, acts of other bodies and officials shall entail liability under the legislation of the Russian Federation.

Article 61. Data bank in enforcement proceedings

1. The Federal Bailiff Service creates and maintains, including in electronic form, a data bank containing information necessary for the implementation of tasks for the enforcement of judicial acts, acts of other bodies and officials (hereinafter referred to as the data bank).

2. The procedure for creating and maintaining a data bank is determined by the chief bailiff of the Russian Federation.

3. The following information contained in the data bank is publicly available:

1) date of adoption of a judicial act, act of another body or official;

2) type of executive document, its number, name of the body that issued the executive document; (As amended by Federal Law No. 34-FZ dated March 12, 2014)

3) date of initiation of enforcement proceedings;

4) number of enforcement proceedings;

5) name of the debtor (for citizens - last name, first name, patronymic (if any), date of birth, place of birth; for organizations - name and address indicated in the unified state register of legal entities, actual address); (As amended by federal laws dated July 23, 2013 No. 206-FZ, dated November 28, 2018 No. 451-FZ)

6) the requirement contained in the executive document, with the exception of the requirement contained in the executive document issued on the basis of a judicial act, the text of which, in accordance with the legislation of the Russian Federation, is not subject to posting on the Internet, and data about the claimant;

61) the amount of outstanding debt under the writ of execution; (Clause introduced - Federal Law dated March 12, 2014 No. 34-FZ)

7) the name and address of the bailiff department in which enforcement proceedings were initiated (conducted);

information about the search for the debtor, his property or the search for a child (for a child - last name, first name, patronymic (if any) and year of birth);

9) information about the return of the enforcement document to the recoverer on the grounds provided for in paragraphs 3 and 4 of part 1 of Article 46 of this Federal Law, or on the completion of enforcement proceedings on the grounds provided for in paragraphs 6 and 7 of part 1 of Article 47 of this Federal Law. (Clause introduced - Federal Law dated March 12, 2014 No. 34-FZ)

4. The information specified in part 3 of this article is publicly available until the day of completion or termination of enforcement proceedings, with the exception of data on the search for the debtor, his property or the search for a child, which are publicly available until the discovery of these persons or property, as well as information about the return executive document to the claimant on the grounds provided for in paragraphs 3 and 4 of part 1 of Article 46 of this Federal Law, or on the completion of enforcement proceedings on the grounds provided for in paragraphs 6 and 7 of part 1 of Article 47 of this Federal Law, which are publicly available for three years from the date of completion enforcement proceedings. (As amended by Federal Law No. 34-FZ dated March 12, 2014)

5. From the date of initiation of enforcement proceedings, the information necessary to collect the debt under the writ of execution is sent by the Federal Bailiff Service to the State Information System on state and municipal payments in the manner and within the time frame provided for in Part 5 of Article 213 of Federal Law No. 210 of July 27, 2010 -FZ “On the organization of the provision of state and municipal services.” A bank, other credit organization, federal postal service organization, other bodies and organizations through which funds are paid to repay debts under enforcement proceedings are required to send information about their payment to the State Information System on state and municipal payments in the manner and within the time limits specified. provided for by Part 4 of Article 213 of the Federal Law of July 27, 2010 No. 210-FZ “On the organization of the provision of state and municipal services.” (Part introduced - Federal Law dated 03/08/2015 No. 41-FZ; as amended by Federal Law dated 07/29/2017 No. 236-FZ)

(Article introduced - Federal Law dated July 11, 2011 No. 196-FZ)

Article 7. Bodies, organizations and citizens fulfilling the requirements contained in judicial acts, acts of other bodies and officials

1. In cases provided for by federal law, the requirements contained in judicial acts, acts of other bodies and officials, are fulfilled by bodies, organizations, including state bodies, local governments, banks and other credit organizations, officials and citizens.

2. The bodies, organizations and citizens specified in Part 1 of this article fulfill the requirements contained in judicial acts, acts of other bodies and officials, on the basis of executive documents specified in Article 12 of this Federal Law, in the manner established by this Federal Law and other federal laws.

Article 8. Fulfillment of requirements contained in judicial acts, acts of other bodies and officials, banks and other credit organizations

1. A writ of execution on the collection of funds or their arrest may be sent to a bank or other credit organization directly by the recoverer.

2. Simultaneously with the writ of execution, the claimant submits an application to the bank or other credit organization, which indicates:

1) details of the recoverer’s bank account to which the collected funds should be transferred;

2) last name, first name, patronymic, citizenship, details of an identity document, place of residence or place of stay, taxpayer identification number (if available), details of the migration card and document confirming the right to stay (residence) in the Russian Federation of the claimant-citizen ;

3) name, taxpayer identification number or code of a foreign organization, state registration number, address of the claimant - a legal entity. (As amended by Federal Law No. 451-FZ dated November 28, 2018)

3. The representative of the claimant presents a document certifying his authority and the information specified in Part 2 of this article about the claimant and himself.

4. (Part no longer in force - Federal Law dated July 28, 2012 No. 144-FZ)

5. A bank or other credit organization servicing the debtor’s accounts fulfills the requirements contained in the executive document for the collection of funds or their arrest, taking into account the requirements provided for in Articles 99 and 101 of this Federal Law. (Part introduced - Federal Law No. 12-FZ dated 21.02.2019)

Article 81. Fulfillment of requirements of judicial acts by issuers and professional participants in the securities market

1. An executive document on debiting from a personal account or from a securities account of the debtor and on crediting issue-grade securities to a personal account or securities account of the collector (hereinafter referred to as the executive document on writing off securities) may be sent by the collector directly to the issuer if he independently carries out activities on maintaining the register of owners of such securities, or the holder of the register maintaining the register of owners of issue-grade securities on behalf of the issuer, or the depositary keeping records of the rights to the debtor's issue-grade securities, provided that the claimant has information about the securities available on the specified accounts of the debtor.

2. Simultaneously with the writ of execution on the write-off of securities, the claimant submits an application indicating the information provided for in clauses 2 and 3 of part 2 of article 8 of this Federal Law. The representative of the claimant submits a document certifying his authority and the information provided for in this article about the claimant and himself.

3. The executive document on the write-off of securities is subject to execution by the person who records the rights to the debtor's equity securities.

4. When transferring documents constituting the system for maintaining the register of owners of issue-grade securities, transferring issue-grade securities from a personal account to a securities account or from a securities account to a personal account, or from one depository to another depository, unexecuted or partially executed executive documents on the write-off of securities are transferred to a new person responsible for recording the rights to the debtor's issue-grade securities.

(Article introduced - Federal Law dated July 19, 2009 No. 205-FZ)

Article 9. Execution by persons paying periodic payments to a debtor-citizen of a judicial act, act of another body or official

1. A writ of execution on the collection of periodic payments, on the collection of funds not exceeding one hundred thousand rubles in the amount, may be sent to the organization or other person paying the debtor wages, pensions, scholarships and other periodic payments, directly by the collector. (As amended by Federal Law No. 539-FZ dated December 27, 2018)

2. Simultaneously with the writ of execution, the claimant submits a statement indicating:

1) details of the bank account to which funds should be transferred, or the address to which funds should be transferred;

2) last name, first name, patronymic, details of the identity document of the claimant-citizen;

3. The representative of the claimant presents a document certifying his authority and the information specified in Part 2 of this article about the claimant.

4. The persons specified in part 1 of this article make indexation of periodic payments paid in order to compensate for harm caused to life or health, under a lifelong maintenance agreement and in other cases established by law, in the manner established by the legislation of the Russian Federation. These persons are required to issue an order (instruction) regarding such indexation. (Part introduced - Federal Law dated November 30, 2011 No. 363-FZ)

Article 10. Execution of judicial acts, acts of other bodies and officials in relation to foreign citizens, stateless persons, foreign states and foreign organizations

(Name as amended by Federal Law dated December 29, 2015 No. 393-FZ)

When executing judicial acts, acts of other bodies and officials on the territory of the Russian Federation in relation to foreign citizens, stateless persons, foreign states and foreign organizations, the provisions of this Federal Law apply to them. A foreign state enjoys immunity with respect to the execution of a court decision in accordance with the Federal Law of November 3, 2015

Objective part

Article 229 of the Criminal Code of the Russian Federation specifies 2 ways to commit an act: by extortion or theft.

The latter should be understood as the illegal, deliberate, gratuitous removal of the subject of encroachment from someone else’s possession (legal or unlawful). The owner of substances, means, plants (their elements) containing them can be a state, public organization, institution, enterprise (the form of ownership does not matter), as well as a citizen.

Theft will be considered the collection of plants under control in the Russian Federation, or their parts on agricultural lands, including those used legally by enterprises and individuals, as well as those grown illegally by citizens.