ST 238 of the Criminal Code of the Russian Federation.
1. Production, storage or transportation for marketing purposes or sale of goods and products, performance of work or provision of services that do not meet the requirements for the safety of life or health of consumers, as well as unlawful issuance or use of an official document certifying the compliance of these goods, works or services with safety requirements - shall be punishable by a fine in the amount of up to three hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to two years, or by compulsory labor for a term of up to three hundred and sixty hours, or by restriction of freedom for a term of up to two years, or by forced labor for a term of up to two years, or imprisonment for the same term.
2. The same acts, if they: a) were committed by a group of persons by prior conspiracy or by an organized group; b) committed in relation to goods, works or services intended for children under six years of age; c) caused by negligence the infliction of serious harm to health or the death of a person - shall be punishable by a fine in the amount of one 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 one to three years, or by forced labor for a term of up to five years, or imprisonment for a term of up to six 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 a period of up to three years, or without it.
3. Acts provided for in parts one or two of this article, resulting through negligence in the death of two or more persons, are punishable by forced labor for a term of up to five years or imprisonment for a term of up to ten years.
Commentary to Art. 238 of the Criminal Code
1. The safety of the items listed in the disposition means that the consumer does not have a risk to life and health when using them; the absence of circumstances that could make the work and services hazardous to property, the environment, etc. A necessary condition for most goods, services, and products is certification and labeling in the manner prescribed by law, in order to avoid causing negative consequences associated with the use of low-quality goods, services, and products.
2. The objective side of the crime is characterized by the commission of one of the alternative actions specified in the law.
3. A mandatory feature of the production, storage or transportation of the items specified in the article is the presence of a sales purpose.
4. The subject of the crime, both general and special (persons whose duties include issuing documents confirming the quality and safety of goods, products, services, etc.).
Official website of the Supreme Court of the Russian Federation
The corresponding resolution was approved today at a meeting of the Plenum of the Supreme Court of the Russian Federation. This was reported on the official website of the RF Armed Forces.
The document (the text of the draft is available on the GARANT.RU portal) is aimed at ensuring uniformity in the application by courts of the rules on criminal liability for the production, storage or transportation for the purpose of sale or sale of goods and products, performance of work or provision of services that do not meet the requirements of life safety or consumer health, as well as for unlawful issuance or use of an official document certifying the compliance of such goods, works or services with safety requirements (Article 238 of the Criminal Code).
In particular, the Court notes that criminal liability under Part 1 or under paragraphs. “a”-“b” part 2 art. 238 of the Criminal Code of the Russian Federation occurs only on the condition that the danger of goods, products, works or services to human life or health is real. The mere non-compliance of a product, work or service with the safety requirements established in regulations cannot indicate their danger to human life and health. Therefore, such a danger must be real and not potential. At the same time, factors indicating a real danger are indicated.
The RF Armed Forces also explains who is recognized as a victim in a criminal case under Art. 238 of the Criminal Code of the Russian Federation (this can be not only the consumer, but also other persons without taking into account the existence of contractual relations with the violator) and the subject of the crime (this can be the head of an organization of any organizational and legal form carrying out illegal activities, an individual entrepreneur, their employee, as well as a person actually carrying out the production and circulation of products and goods, performing work, providing services without appropriate state registration).
Courts should remember that criminal liability under Art. 238 of the Criminal Code of the Russian Federation is applied only for intentional actions (acts that caused serious harm to health or death through negligence are also equated to those committed intentionally). And a necessary condition for criminal liability for the production, storage, transportation of goods and products that do not meet safety requirements is the presence of a sales purpose (it is specified which factors may indicate such a purpose).
Some of the clarifications relate to such a crime as the unlawful issuance or unlawful use of an official document designed to certify the compliance of goods, products, works or services with safety requirements.
As for the correlation of liability under Art. 14.4, Art. 14.43 Code of Administrative Offenses and Part 1 and. p.p. “a”-“b” part 2 art. 238 of the Criminal Code of the Russian Federation, then to distinguish criminal acts from related administrative offenses it is necessary to use the sign of a real danger of causing serious harm to the health or death of a person. The Armed Forces of the Russian Federation also focuses the attention of the courts on the fact that if criminal liability for violation of special requirements or rules is established in other articles of the Special Part of the Criminal Code of the Russian Federation, then the offense should not be qualified under Art. 238 of the Criminal Code of the Russian Federation - in this case, it does not matter whether these acts were committed during the production or circulation of goods and products, performing certain works, rendering a"-"b" of Part 2 of Art. 238 of the Criminal Code of the Russian Federation, and the driver - under the relevant part of Art. 264 of the Criminal Code of the Russian Federation,” the resolution emphasizes.
Also during the meeting, a resolution was adopted “On some issues of the application by courts of the norms of the Budget Code of the Russian Federation related to the execution of judicial acts on foreclosure on funds from the budgets of the budget system of the Russian Federation.” It contains explanations regarding the execution of judicial acts on foreclosure of budget funds.
Second commentary to Art. 238 of the Criminal Code of the Russian Federation
1. The direct object of the crime is public health in terms of the safe use of goods and services that meet the requirements for the safety of life and health of consumers.
2. The commented article 238 of the Criminal Code of the Russian Federation establishes liability for two crimes that differ in the subject and objective side of the crime: illegal actions in the field of circulation of goods, performance of work and provision of services, as well as illegal actions in the field of certification of goods, work and services.
3. The subject of illegal circulation of goods, performance of work or provision of services are goods and products, as well as work and services that do not meet the requirements for the safety of life or health of consumers (see Article 7 of the Law of the Russian Federation “On the Protection of Consumer Rights” of February 7, 1992 .)
Food products and industrial products, including their components, the use of which under normal conditions endangers the life or health of the consumer, should be recognized as goods that do not meet safety requirements.
Products that do not meet safety requirements are water in the central water supply system, fuel and other types of energy, as well as material assets that are not goods intended for the consumer, posing a danger to the life or health of the consumer.
Work that does not meet safety requirements means construction, installation and other work performed at the consumer’s request, in the process or as a result of which the life or health of the consumer is endangered.
Services that do not meet safety requirements should be understood as the provision of medical, cultural, transport and other services, the use of which poses a danger to the life or health of the consumer.
4. The objective side of a crime involving goods and products that do not meet life or health safety requirements lies in their production, storage, transportation or sale. The content of these actions is disclosed in the comments to Articles 228 and 228.1 of the Criminal Code.
5. Illegal trafficking of goods and products that do not meet safety requirements for the life or health of consumers is recognized as a completed crime from the moment of committing any of the actions specified in the disposition.
6. The subjective side is characterized by direct intent. In the production, storage or transportation of these goods and products, a mandatory feature of the subjective side of the crime is a special purpose - the purpose of selling these goods or products.
7. The subject of illegal actions to document the safe properties of goods, products, works or services is an official document certifying the compliance of these goods, products, works or services with safety requirements.
8. In accordance with paragraph 4 of Art. 7 of the Law of the Russian Federation “On the Protection of Consumer Rights” - all goods (work, services) for which laws or standards establish requirements that ensure the safety of life, consumer health and environmental protection and the prevention of harm to consumer property, as well as means ensuring the safety of life and consumer health are subject to mandatory certification in the prescribed manner. Art. 6 of the Law of the Russian Federation “On Certification of Products and Services” dated June 10, 1993 (as amended by the Federal Law dated December 27, 1995) establishes that a certificate or mark of conformity is issued for goods (work and services) subject to mandatory certification.
9. A certificate of conformity is a document issued according to the rules of the certification system to confirm compliance of certified products with established requirements.
10. A mark of conformity is a mark registered in the manner established by the State Standard of the Russian Federation, which, according to the rules established in this certification system, confirms the compliance of the products marked with it with the established requirements.
11. The objective side of the crime, which has as its subject an official document certifying the compliance of the specified goods, works or services with safety requirements, is characterized by the unlawful issuance or unlawful use of such a document.
12. Illegal issuance of a certificate of conformity means its provision to the manufacturer of goods, work or services either without certification or contrary to its results, which actually revealed non-compliance of goods, products, works or services with safety requirements.
13. Illegal use of a certificate of conformity means that the manufacturer of goods or products or the producer of works (services) without legal grounds presents a certificate of conformity obtained illegally (hangs it up in the office, presents it to business partners, etc.).
14. The subjective side of the unlawful issuance and misuse of an official document certifying the compliance of the offered goods, products, works or services with safety requirements is characterized by direct intent.
15. The subject of production, storage, transportation or sale of goods and products, performance of work or provision of services that do not meet the requirements for the safety of life or health of consumers, as well as the subject of unlawful use of an official document certifying the compliance of goods, works or services with safety requirements, can be any a person upon reaching the age of 16 years, acting as the owner or manager of a commercial organization (regardless of the form of ownership and legal form), an individual entrepreneur and even a person not registered as an individual entrepreneur (but such a person cannot be the subject of the misuse of official document certifying the compliance of goods, works or services with safety requirements).
16. The subject of the unlawful issuance of an official document certifying the compliance of the proposed goods, works or services with safety requirements can only be an employee of the body that carries out the certification of these goods, works or services.
17. If the actions of an official who unlawfully issued an official document confirming the compliance of goods, products, works or services with safety requirements resulted in a significant violation of the rights and legitimate interests of citizens or organizations or legally protected interests of society or the state, then such require additional qualification under Art. 285 of the Criminal Code of Russia.
18. Qualified types of the crime in question (Part 2) are associated with its commission:
— a group of persons by prior conspiracy or an organized group (clause “a”, part 2);
- in relation to goods, works or services intended for children under six years of age (clause “c”);
- with the infliction of serious harm to health or death of one person through negligence (clause “d”).
19. A particularly qualified type of this crime (Part 3) is characterized by causing consequences through negligence in the form of the death of two or more persons.
The Supreme Court explained how to punish for unsafe goods and services
On June 25, the Plenum of the Supreme Court of the Russian Federation approved the Resolution on judicial practice in cases of crimes under Art. 238 of the Criminal Code of the Russian Federation. In the first reading, the draft document was considered on May 28 - then the text of the draft was sent for revision, as a result of which a number of adjustments were made to it.
Contents of the document
In paragraph 1 of the document it is noted that Art. 238 of the Criminal Code of the Russian Federation provides for liability for the production, storage, transportation for marketing purposes or sale of goods and products, as well as work performed and services provided, which in composition, design, properties or quality do not meet the requirements of Russian and international legislation, and are also dangerous to life or human health.
What should a consumer do if the quality of work performed or services provided is inadequate?
Lawyer Antonov A.P.
Requirements for detected deficiencies (inadequate quality) of work or services can be presented during its execution (provision), upon acceptance of the result of the work (service provided), and also later, subject to certain conditions (Article 29 of the Law of 02/07/1992 N 2300-1 ). If inadequate quality of work (service) is detected, we recommend adhering to the following algorithm.
Step 1. Determine your requirement for the contractor If inadequate quality of the work performed (service provided) is detected, the consumer has the right, at his own discretion, to demand from the contractor (Clause 1, Article 29 of Law No. 2300-1): elimination of deficiencies free of charge; reducing its price; free production of another item from a homogeneous material of the same quality or repeat work; reimbursement of expenses incurred to eliminate deficiencies on our own or by third parties. The consumer has the right to demand full compensation for losses caused to him in connection with deficiencies in the work performed (service provided), including if they are not eliminated by the contractor within the period established by the contract. In addition, he has the right to refuse to fulfill the contract if he discovers significant deficiencies in the work performed (services provided) or other significant deviations from the terms of the contract, as well as if the deficiencies are not eliminated within the prescribed period (Clause 1 of Article 29 of Law No. 2300-1 ).
Step 2. Make sure that the deadline for submitting a claim to the contractor has not expired. As a general rule, the consumer has the right to present a claim to the contractor for defects that could not be detected upon acceptance of the work performed (service provided), if these defects are discovered during the warranty period (clause 3 of Art. 29 of Law No. 2300-1).
Reference. Service life and warranty period Service life is the period during which the contractor undertakes to provide the consumer with the opportunity to use the work for its intended purpose and bear responsibility for its significant shortcomings. The warranty period is the period during which, if a defect is detected in the work, the contractor is obliged to satisfy the consumer’s requirements for defects in the work (clauses 1, 6, article 5 of Law 2300-1).
When the warranty period provided for in the contract is less than two years (five years for real estate) and inadequate quality of work (service) is discovered after its expiration, but within two years (five years for real estate), in order to make a claim you need to prove that the defects arose before you accepted the result of the work (service) or for reasons that arose before that moment (clause 5 of article 29 of Law No. 2300-1). The same burden of proof is assigned to the consumer in two more cases (clauses 3, 4, 6 of Article 29 of Law No. 2300-1): 1) when making a claim for defects in work (services) for which there is no warranty period . The claim must be filed with the contractor within a reasonable time, within two years from the date of acceptance of the work (service) or five years in relation to defects in real estate; 2) when significant deficiencies in the work (service) are identified and a demand is made to eliminate them free of charge. Such a requirement can be made if defects are discovered after two years (five years in relation to real estate) from the date of acceptance of the result of work (service), but within the service life established for it, or within ten years from the date of acceptance of the result of work (service) by the consumer, if the service life is not specified.
Reference. Significant defect of work (service) A significant defect of work (service) is an irreparable defect or deficiency that cannot be eliminated without disproportionate costs or time, or is detected repeatedly, or appears again after its elimination, or other similar deficiencies. At the same time, the presence of the opportunity to eliminate a deficiency does not in itself mean that it is not significant (paragraph 9 of the preamble of Law No. 2300-1; paragraph 9 of the Review, approved by the Presidium of the Supreme Court of the Russian Federation on December 20, 2016).
Step 3. Compose an application (claim) and submit it to the executor. A written application (claim) is drawn up in free form, indicating the details of the recipient of the claim (name, location, other contact information); your full name, passport details, address and telephone number; identified deficiencies in the work performed (service provided), the time and circumstances of their discovery and your requirements for the contractor. It is advisable to make two copies of the claim. It is advisable that on one of them the person who accepted the claim puts his signature indicating his full name. and position, as well as the date of acceptance of the claim and the seal of the executor (if any). Keep this copy of the claim for yourself as confirmation of your appeal to the contractor, for example, in the event of a legal dispute. If the contractor refuses to accept the claim or put an acceptance mark on its second copy, we recommend that you send the claim by registered mail with acknowledgment of receipt and a list of the attachments, which will allow, if necessary, to confirm compliance with the claim procedure (clause “b”, clause 10 of the Rules, approved. Order of the Ministry of Telecom and Mass Communications of Russia dated July 31, 2014 N 234).
Step 4. Present to the contractor the result of work (services) of inadequate quality and, if necessary, conduct an examination. To establish the shortcomings of the work performed (service provided) and the reasons for their occurrence, an examination can also be carried out. If it is revealed that the deficiencies arose in connection with the actions of the contractor and his violation of the terms of the contract, the costs of the examination shall be borne by the contractor. In other cases, the examination is paid for by the one who requested it, or the costs are divided equally between the consumer (customer) and the performer (contractor), if the examination is appointed by agreement of the parties (Clause 5 of Article 720, Article 783 of the Civil Code of the Russian Federation). If you are organizing an examination, we recommend that you notify the contractor of the time and place of its conduct by sending a telegram, telephone message, or handing the notice against signature to the contractor or his employees.
Step 5. Obtain satisfaction of your requirements from the contractor. As a general rule, the contractor must eliminate deficiencies in the work (service) within a reasonable time specified by the consumer. It is indicated in the contract or in another document signed by the parties, or in a statement (claim) sent by the consumer to the contractor (paragraph 1, 3 of Article 30 of Law No. 2300-1). Demands for a reduction in the price for work performed (service provided), for reimbursement of expenses for eliminating its shortcomings on its own or by third parties, as well as for the return of the amount of money paid for the work (service) and compensation for losses in connection with refusal to fulfill the contract must be fulfilled by the contractor within ten days from the date of presentation of the corresponding claim (clause 1 of article 31 of Law No. 2300-1). Requirements for the free production of another thing from a homogeneous material of the same quality or for the repeated performance of work (provision of a service) are satisfied within the period established for the urgent performance of work (provision of a service), and if it is not established, within the period stipulated by the contract for the performance of work (provision of a service), which was improperly performed (clause 2 of article 31 of Law No. 2300-1). For violation of the specified deadlines, the contractor pays the consumer a penalty (penalty) in the amount of 3% of the price of performing the work (rendering the service) for each day of delay. If such a price is not specified in the contract for the performance of work (rendering services) - in the amount of 3% of the total order price (paragraph 4 of article 30, paragraph 3 of article 31 of Law N 2300-1).
Step 6. Contact Rospotrebnadzor If the contractor has not satisfied your demands or has not responded to them, you can file an application (complaint) with the territorial body of Rospotrebnadzor (clauses 1, 3, 4 of Article 4 of the Law of May 2, 2006 N 59 -FZ; clause 1, article 42.3 of Law N 2300-1; clauses 5.9, 5.12 of the Regulations, approved by Decree of the Government of the Russian Federation of June 30, 2004 N 322; Information from Rospotrebnadzor of December 7, 2016). If there is a threat of harm to the life or health of citizens, as well as causing such harm in connection with the performance of work (provision of services), you can immediately file a complaint with Rospotrebnadzor (clause 2, part 2, article 10 of the Law of December 26, 2008 N 294 -FZ; Information from Rospotrebnadzor “On the procedure for conducting inspections based on citizens’ appeals to Rospotrebnadzor”). If violations of consumer rights are detected, Rospotrebnadzor can issue an order to the contractor to eliminate them, bring the perpetrators to administrative responsibility, and also apply to the court to protect your rights (Article 40 of Law No. 2300-1; paragraph 2, paragraph 26, paragraph clauses 68, 71, 74 of the Administrative Regulations, approved by Order of Rospotrebnadzor dated July 16, 2012 N 764).
Note! In 2021, the Government of the Russian Federation may establish the specifics of the implementation of state control (supervision) (clause 1, part 1, article 17 of Law dated 04/01/2020 N 98-FZ).
Step 7. Go to court You also have the right to go to court to protect your rights. In the statement of claim, in addition to the main requirement for inadequate quality of work (service), you have the right to file a penalty and compensation for moral damages (Article 15, paragraph 1 of Article 17, Article 30, paragraph 3 of Article 31 of Law No. 2300-1 ). At the same time, plaintiffs in claims for the protection of consumer rights are exempt from paying state fees if the cost of the claim does not exceed 1 million rubles. If the price of the claim exceeds 1 million rubles, the state duty is paid in the amount calculated based on the price of the claim and reduced by the amount of the state duty payable if the cost of the claim is 1 million rubles. (Clause 3, Article 17 of Law No. 2300-1; Clause 4, Clause 2, Clause 3, Article 333.36 of the Tax Code of the Russian Federation). If the court satisfies your demands, which were not fulfilled by the executor voluntarily, the court will collect a fine from him in your favor in the amount of 50% of the amount awarded to you. Also, if the claim is satisfied, the court may recover from the defendant your stated legal expenses, including payment for the services of a representative (with the exception of payment for the services of a representative of a consumer rights protection company), postal expenses related to the proceedings (Part 1 of Article 88, Article 94, Part 1, Article 98, Part 1, Article 100 of the Code of Civil Procedure of the Russian Federation; Clause 6, Article 13 of Law No. 2300-1; Clause 46 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 28, 2012 No. 17; Clause p. 2, 4 Resolution of the Plenum of the Supreme Court of the Russian Federation dated January 21, 2016 No. 1; paragraph 1 of the Review, approved by the Presidium of the Supreme Court of the Russian Federation on October 14, 2020).
Sincerely, lawyer Anatoly Antonov, managing partner of the law firm Antonov and Partners.
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The Plenum of the Supreme Court eliminates competition between articles of the Criminal Code
The Plenum first addressed the topic of responsibility for crimes provided for in Art. 238 of the Criminal Code, said Supreme Court Judge Oleg Borisov. Meanwhile, 4,500 people were convicted under this article in 2021, and another 3,773 in 2018. “The clarifications are very relevant and timely, they will be in demand by the courts and will provide invaluable assistance when considering cases of this category,” emphasized Artem Grachev, Deputy Chairman of the Supreme Court of the Republic Mari El Republic.
Nikolai Pikurov, professor of the department of criminal law disciplines at the University of the Prosecutor's Office of the Russian Federation, said: the main problem of Art. 238 of the Criminal Code – in competition between similar offenses. “In similar situations, different decisions are made,” he emphasized.
Composition differentiation
Therefore, one of the problems that the Plenum resolved is precisely the qualification of the crime. Courts must remember: if criminal liability for violation of special requirements or rules is established in other articles of the Criminal Code, then qualify the act under Art. 238 is not allowed.
Plenum of the Supreme Council: how to recover money from the budget
The resolution gives an example: if a tram driver violated traffic rules, causing people to die, then his actions should be qualified not under Art. 238, and according to Art. 264 CC. Another example of competition between compositions from practice was given by Pikurov: the qualification of a fire in a restaurant should take place according to Art. 219 “Violation of fire safety requirements”, and not according to 238.
“The difficulty in qualifying under Art. 238 is due to the imperfection of the current legislation and does not have simple solutions. In general, the delimitation of crimes proposed by the project seems correct,” emphasized Leonid Korzhinek, a representative of the Prosecutor General’s Office.
Only a real threat
The Plenum of the Supreme Court notes: criminal liability under Article 238 occurs provided that the danger of goods, products, works or services to human life or health is real. The real danger of goods and products may be indicated, for example, by the presence of design flaws in them, which could result in harm to the health of the consumer.
- The head of the Supreme Court listed what resolutions the Plenum will adopt this year
May 21, 10:53
When special knowledge is required to establish such a danger, the courts must have the appropriate expert or specialist opinions.
Since the Code of Administrative Offenses also stipulates such liability, when qualifying an act it is necessary to take into account whether the goods or services posed a real danger of causing serious harm to the health or death of a person. If yes - the Criminal Code, if no - the Administrative Code.
Without intent is not a crime
If the case is qualified under Art. 238 of the Criminal Code, then when deciding whether a person’s actions contain corpus delicti, the court must establish that the non-compliance of goods and products, performance of work or provision of services with safety requirements was covered by his intent.
And a necessary condition for the onset of criminal liability for the production, storage and transportation of goods and products that do not meet safety requirements is the commission of these acts for the purpose of sales.
Victim without a contract
Crime under Art. 238 of the Criminal Code encroaches on public relations, the Plenum notes. This means that the victim of such a crime may also be a person who was not in a contractual relationship with the criminal.
For example, in the case of an accident with the same tram, a person does not have to travel on a tram with a ticket in order to be recognized as a victim.
“Resolving all the complex, confusing issues regarding the application of Article 238 of the Criminal Code will help increase the certainty of the criminal law,” Pikarov expressed his opinion. The Ministry of Justice also supported the Plenum project. A representative of the Prosecutor General's Office also supported the initiative of the Supreme Court, but at the same time made a number of comments on the draft, which will be transferred to the drafting commission.
“The proposed clarifications most closely comply with the requirements of the law and will allow us to avoid mistakes in classifying crimes,” said Deputy Chairman of the Supreme Court of the Republic Mari El Grachev.
At the end of the discussion, Chairman of the Supreme Court Vyacheslav Lebedev sent the draft resolution for revision.
- Maxim Varaksin
Responsibility for providing services that do not meet safety requirements
In case of provision of services that do not meet the safety requirements of the law, the contractor bears responsibility in accordance with the administrative and criminal legislation of the Russian Federation. Similar penalties are provided for sellers or manufacturers of unsafe products.
Criminal under the Criminal Code of the Russian Federation
Sales, transportation and storage of products, as well as the provision of services, the quality of which does not meet safety requirements, are punishable in accordance with Art. 238 of the Criminal Code of the Russian Federation. The provisions of the article provide for penalties for persons who issue compliance documents for low-quality goods or services, as well as use them for criminal purposes. The Criminal Code provides for the following penalties for the listed violations:
- material encumbrance - up to 300 thousand rubles or the total income of the offender for the last 2 years;
- compulsory or forced labor;
- suspended sentence (limitation of freedom);
- real imprisonment with serving the sentence in a correctional colony.
Punishments in the form of correctional labor, imprisonment and restriction of freedom provide for corresponding sanctions for a period of no more than 2 years.
If the crime is committed with aggravating circumstances, namely in the form of group complicity, causing death or serious harm to health, or the sale of unsafe children's products (for children under 6 years of age), then the sanctions are toughened:
- fine - 100-500 thousand rubles or the total amount of income for a period of 1 to 3 years;
- the period of forced labor is increased to 5 years;
- The actual term of imprisonment can reach 6 years.
Punishments in the form of forced labor and imprisonment in a colony may be accompanied by a fine of up to 0.5 million rubles at the discretion of the court. If an unsafe product leads to the death of 2 or more people, then the maximum term of imprisonment is 10 years.
Administrative according to the Code of Administrative Offenses of the Russian Federation
Providers who provide services that do not meet safety requirements, as well as sellers and manufacturers who sell unsafe goods, in the absence of corpus delicti, are liable in accordance with the Administrative Code under Art. 14.4 Code of Administrative Offenses of the Russian Federation.
In case of violation of the law regarding drug trade, the sanctions provided for in Art. 14.4.2 of the Code of Administrative Offenses of the Russian Federation, where the fine varies between 1.5-30 thousand rubles.
In other cases, various categories of violators are subject to fines in the following amounts:
- individuals - 1-2 thousand rubles;
- officials - 3-10 thousand rubles;
- entrepreneurs - 10-20 thousand. rubles;
- legal entities - 20-30 thousand rubles.
In case of repeated violation, penalties:
- for individuals reach 5 thousand rubles;
- officials risk being disqualified and paying up to 15 thousand to the state treasury;
- entrepreneurs and legal entities will pay up to 30 thousand and 50 thousand, respectively.
Reference! As an additional penalty, administrative sanctions may include confiscation of unsafe goods.
