Article 234. Illegal trafficking of potent or toxic substances for the purpose of sale - as amended, verified 12/21/2021 - Criminal Code

New edition of Art. 234 of the Criminal Code of the Russian Federation

1. Illegal production, processing, acquisition, storage, transportation or shipment for the purpose of sale, as well as illegal sale of potent or toxic substances that are not narcotic drugs or psychotropic substances, or equipment for their production or processing -

shall be punishable by a fine in the amount of up to forty thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to three months, or by compulsory labor for a term of up to three hundred sixty hours, or by corrective labor for a term of up to one year, or by restriction of liberty for a term of up to three years. , or forced labor for a term of up to three years, or imprisonment for the same period.

2. The same acts committed by a group of persons by prior conspiracy, -

shall be punishable by a fine in the amount of up to eighty thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to six months, or by compulsory labor for a term of up to four hundred eighty hours, or by corrective labor for a term of up to two years, or by forced labor for a term of up to five years. , or imprisonment for the same period.

3. Acts provided for in parts one or two of this article, committed by an organized group or in relation to potent substances on a large scale, -

shall be punishable by a fine in the amount of up to one hundred twenty 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 forced labor for a term of up to five years, or by imprisonment for a term of up to eight years.

4. Violation of the rules for the production, acquisition, storage, accounting, release, transportation or transfer of potent or toxic substances, if this negligently resulted in their theft or causing other significant harm, -

shall be punishable by a fine in the amount of up to two 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 compulsory labor for a term of up to four hundred eighty hours, or by corrective labor for a term of up to two years, or by restriction of liberty for a term of up to two years. , or forced labor for a term of up to two years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years or without it, or imprisonment for a term of up to two years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years or without it.

Note. Lists of potent and toxic substances, as well as large amounts of potent substances for the purposes of this article and other articles of this Code are approved by the Government of the Russian Federation.

Article 234. Illegal trafficking of potent or toxic substances for sales purposes

[Criminal Code] [Special Part] [Title IX] [Chapter 25]
. Illegal production, processing, acquisition, storage, transportation or shipment for the purpose of sale, as well as illegal sale of potent or toxic substances that are not narcotic drugs or psychotropic substances, or equipment for their production or processing -

. The same acts committed by a group of persons by prior conspiracy -

. Acts provided for in parts one or two of this article, committed by an organized group or in relation to potent substances on a large scale -

. Violation of the rules for the production, acquisition, storage, accounting, release, transportation or transfer of potent or toxic substances, if this resulted in their theft through negligence or causing other significant harm -

shall be punishable by a fine in the amount of up to two 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 compulsory labor for a term of up to four hundred eighty hours, or by correctional labor for a term of up to two years, or by restriction of liberty for a term of up to two years. , or forced labor for a term of up to two years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years or without it, or imprisonment for a term of up to two years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years or without it.

Issues of bringing to responsibility under Art. 233, 234 CC

We are talking with Dmitry Aleksandrovich PAVLOVSKY following the results of the International Scientific and Practical Conference “Countering Pseudo-Entrepreneurship and Illegal Business Activities.”

Is the topic of false entrepreneurship and illegal business activity relevant for Belarus?

Illegal business activity and pseudo-entrepreneurship are traditionally one of the serious factors threatening the economic security of Belarus.

The activities of pseudo-entrepreneurial structures and the presence of a shadow market for goods, works and services have a detrimental effect on the legal economy and negatively affect the amount of revenues to the republican and local budgets.

Statistics from recent years indicate a steady downward trend in the number of cases of false entrepreneurship and illegal business activities identified by law enforcement agencies, as well as the number of persons prosecuted for such acts.

What, in your opinion, has contributed to the reduction in crime in this area?

It is necessary to understand that due to the high level of latency of this type of criminal activity, statistics do not always make it possible to correctly assess the scale and degree of involvement of citizens and business entities in it.

Thus, the reduction in recent years in the number of identified cases of illegal entrepreneurship and false entrepreneurship can be explained by the relative stability of the Belarusian economy. One should not discount the elementary slippage in the activities of law enforcement agencies due to changes in leadership, structural changes in the law enforcement system and other subjective reasons.

In conditions of systemic political and economic crises to which any open system is subject, the balance between the legal and shadow economies can be upset in favor of the latter. A clear example is the situation in Ukraine, where a sharp change in economic policy by the state and a series of structural reforms led to a large-scale and widespread withdrawal of small and medium-sized businesses into the shadows.

However, successfully countering the phenomenon in question and containing it on a scale that is not dangerous to society is a completely feasible task for the state.

The statistics on prosecutions for false entrepreneurship are quite low. Maybe it’s worth changing or decriminalizing the composition provided for in Art. 234 of the Criminal Code?

As law enforcement practice shows, the capabilities of criminal prosecution authorities in this area are extremely limited. The reason for this lies, among other things, in the imperfection of the criminal law.

For example, the main drawback of Art. 234 of the Criminal Code – the legislator classifies it as a material element, the completion of a crime for which is associated with certain consequences.

At the same time, legal registration can hardly entail any damage as a consequence of the activities that the guilty person covered up with the creation and registration of an economic entity.

From this point of view, the current version of Art. 234 of the Criminal Code is ineffective. Each time, the investigation will boil down to proving that the perpetrator has committed a specific crime, but using bank accounts and details of false companies. And this is the most difficult and unproductive work. It is impossible to establish a causal relationship between the creation of a false enterprise and the consequences in the form of large damages from the commission of another crime using this instrument - a connection in its traditional sense.

A way out of this situation is seen either in the attribution of Art. 234 of the Criminal Code to the number of formal offenses, as was the case in the Criminal Code of 1960, or in its complete decriminalization.

Are there similar problems with the qualification of illegal business activities under Art. 233 CC?

When investigating illegal business, preliminary investigation authorities are faced with the fact that the inquiry, investigation and courts do not have a uniform approach to defining prohibited business activities. It also does not exist when qualifying the actions of officials who, in civil transactions, act on behalf of business entities, but are not de jure connected with them by civil or labor relations.

At the same time, it should be understood that purely repressive measures of a criminal legal nature cannot be the only weapon in the arsenal of means to combat false entrepreneurs and the shadow market of goods, works and services.

Moreover, lack of thought in the use of inherently repressive criminal legal means in this area can lead to destabilization of certain segments of socio-economic relations.

It is necessary to make much wider use of methods of operational-economic analysis, improve mechanisms for the exchange of information between state institutions of criminal prosecution and bodies exercising control and supervision, increase the role of financial monitoring, introduce material incentives for persons who report reliable information about facts of illegal business activities and false entrepreneurship, even if this information is anonymous.

Another factor that can eliminate the basis for many offenses, including economic crimes, is the consistent and full implementation of economic reforms in full accordance with their goals and internal nature.

Published in the journal “Industrial and Trade Law”, 2021, No. 10

Judicial practice: sentences and punishment under Art. 234 of the Criminal Code of the Russian Federation

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Federal Law No. 234-FZ dated June 29, 2021

RUSSIAN FEDERATION

THE FEDERAL LAW

On amendments to Article 446 of the Civil Procedure Code of the Russian Federation and the Federal Law “On Enforcement Proceedings”

Adopted by the State Duma on June 17, 2021
Approved by the Federation Council on June 23, 2021

Article 1

Paragraph of the eighth part of the first article 446 of the Civil Procedure Code of the Russian Federation (Collected Legislation of the Russian Federation, 2002, No. 46, Art. 4532; 2005, No. 1, Art. 20; No. 30, Art. 3104; 2007, No. 41, Art. 4845 ; 2009, No. 7, Art. 771; 2021, No. 48, Art. 7631; 2021, No. 18, Art. 3050) add the words “, including wages and other income of a debtor citizen in the amount of the subsistence minimum for an able-bodied person of the population as a whole in the Russian Federation (the subsistence minimum established in the subject of the Russian Federation at the place of residence of the debtor citizen for the corresponding socio-demographic group of the population, if the value of the specified subsistence minimum exceeds the subsistence minimum of the working population in the whole of the Russian Federation).”

Article 2

Introduce into the Federal Law of October 2, 2007 No. 229-FZ “On Enforcement Proceedings” (Collected Legislation of the Russian Federation, 2007, No. 41, Art. 4849; 2009, No. 1, Art. 14; 2011, No. 7, Art. 905 ; No. 27, Art. 3873; No. 30, Art. 4573; No. 49, Art. 7014, 7067; No. 50, Art. 7352; 2012, No. 31, Art. 4333; 2013, No. 14, Art. 1657; No. 51, Art. 6699; No. 52, Art. 7006; 2014, No. 11, Art. 1099; No. 19, Art. 2331; No. 52, Art. 7543; 2015, No. 10, Art. 1411, 1427; No. 48, Article 6706; 2021, No. 1, Article 13, 45, 64; No. 11, Article 1493; 2021, No. 22, Article 3070; No. 31, Article 4761; No. 47, Article 6847; 2021, No. 8, Art. 715; No. 10, Art. 894; No. 31, Art. 4446; No. 46, Art. 6421; 2021, No. 1, Art. 34) the following changes:

1) paragraph 4 of Article 4 shall be supplemented with the words “, including maintaining wages and other income of the debtor-citizen on a monthly basis in the amount of the subsistence minimum of the working-age population as a whole in the Russian Federation (the subsistence minimum established in the subject of the Russian Federation at the place of residence of the debtor-citizen for the corresponding socio-demographic group of the population, if the value of the specified subsistence minimum exceeds the value of the subsistence minimum of the working-age population as a whole in the Russian Federation)";

2) Part 141 of Article 30 should be supplemented with the following sentence: “The bailiff in the resolution to initiate enforcement proceedings also explains to the debtor-citizen his right to apply to the bailiff department in which the enforcement proceedings were initiated (conducted) with an application for preservation of wages payments and other incomes monthly in the amount of the subsistence minimum for the working-age population as a whole in the Russian Federation (the subsistence minimum established in the subject of the Russian Federation at the place of residence of the debtor-citizen for the corresponding socio-demographic group of the population, if the value of the specified subsistence minimum exceeds the value of the subsistence minimum for the working-age population in the Russian Federation as a whole) when foreclosure is applied to his income.”;

3) Article 69 shall be supplemented with parts 51 and 52 as follows:

"51. A debtor-citizen has the right to apply to the bailiff department in which enforcement proceedings are being conducted with an application to maintain wages and other income monthly in the amount of the subsistence level of the working population as a whole in the Russian Federation (the subsistence level established in the constituent entity of the Russian Federation at the place of residence of the debtor - a citizen for the corresponding socio-demographic group of the population, if the value of the specified subsistence minimum exceeds the value of the subsistence minimum of the working-age population as a whole in the Russian Federation) when foreclosure is applied to his income. In this case, the debtor-citizen submits documents confirming his monthly income and information about the sources of such income. The application of the debtor-citizen shall indicate:

1) last name, first name, patronymic (if any), citizenship, details of an identity document, place of residence or place of stay, contact telephone number;

2) details of a bank account opened for him in a bank or other credit organization, in which it is necessary to save wages and other income on a monthly basis in the amount of the subsistence level of the working-age population as a whole in the Russian Federation (the subsistence level established in the subject of the Russian Federation at the place of residence of the debtor-citizen for the corresponding socio-demographic group of the population, if the value of the specified subsistence minimum exceeds the value of the subsistence minimum of the working population as a whole in the Russian Federation);

3) the name and address of the bank or other credit institution servicing the bank account, the details of which are indicated in this application.

52. If there are persons dependent on the debtor-citizen, the debtor-citizen has the right to apply to the court to preserve his wages and other income monthly in an amount exceeding the subsistence level of the working-age population as a whole in the Russian Federation (the subsistence minimum established in the subject of the Russian Federation at the place of residence of the debtor-citizen for the corresponding socio-demographic group of the population, if the value of the specified subsistence minimum exceeds the value of the subsistence minimum of the working population as a whole in the Russian Federation)";

4) Article 70 is supplemented with part 53 as follows:

"53. A bank or other credit organization does not foreclose on the wages and other income of a debtor-citizen on a monthly basis in the amount of the subsistence level of the working-age population as a whole in the Russian Federation (the subsistence level established in the constituent entity of the Russian Federation at the place of residence of the debtor-citizen for the corresponding socio-demographic group population, if the value of the specified subsistence minimum exceeds the value of the subsistence minimum of the working-age population as a whole in the Russian Federation), located on the account of the debtor-citizen specified in the resolution of the bailiff, if the resolution contains a requirement to maintain wages and other income of the debtor-citizen monthly in the amount of the specified subsistence minimum.”;

5) Part 31 of Article 81 should be stated as follows:

"31. In order to ensure the preservation of wages and other income of the debtor-citizen on a monthly basis in the amount of the subsistence minimum of the working-age population as a whole in the Russian Federation (the subsistence minimum established in the subject of the Russian Federation at the place of residence of the debtor-citizen for the corresponding socio-demographic group of the population, if the value specified the subsistence minimum exceeds the subsistence minimum of the working-age population as a whole in the Russian Federation), as well as in the event that the debtor-citizen is the recipient of funds in respect of which Article 99 of this Federal Law establishes restrictions and (or) for which in accordance with Article 101 of this Federal Law, foreclosure cannot be made; a bank or other credit organization servicing the debtor’s accounts shall calculate the amount of funds that may be seized, taking into account the requirements provided for in Articles 99 and 101 of this Federal Law. The procedure for calculating the amount of funds in an account that may be seized, taking into account the requirements provided for in Articles 99 and 101 of this Federal Law, is established by the federal executive body exercising the functions of legal regulation in the field of justice, in agreement with the Bank of Russia .";

6) in Article 99:

a) add part 11 with the following content:

"eleven. If the bailiff's decision to foreclose on the funds in the debtor's accounts contains a requirement to maintain the debtor's wages and other monthly income in the amount of the subsistence level of the working-age population as a whole in the Russian Federation (the subsistence level established in subject of the Russian Federation at the place of residence of the debtor-citizen for the corresponding socio-demographic group of the population, if the value of the specified subsistence minimum exceeds the value of the subsistence minimum of the working-age population as a whole in the Russian Federation), withholding of funds is carried out in compliance with the requirement to preserve wages and other income of the debtor -a citizen monthly in the amount of the specified subsistence minimum.”;

b) add part 31 with the following content:

"31. The limitation on the amount of deduction from wages and other income of a debtor-citizen, established by part 11 of this article, does not apply to enforcement documents containing demands for the collection of alimony, for compensation for harm caused to health, for compensation for harm in connection with the death of the breadwinner, for compensation for damage caused by the crime."

Article 3

This Federal Law comes into force on February 1, 2022.

President of the Russian Federation V. Putin

Moscow Kremlin

June 29, 2021

No. 234-FZ