ST 171.1 of the Criminal Code of the Russian Federation.
1. Production, acquisition, storage, transportation for marketing purposes or sale of goods and products without labeling and (or) application of information provided for by the legislation of the Russian Federation, if such marking and (or) application of such information is mandatory (except for products specified in parts three and five of this article), committed on a large scale, -
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 forced labor for a term of up to three years, or by imprisonment for a term of up to three years with a fine of up to eighty thousand rubles or the amount of wages or other income of the convicted person for a period of up to six months.
1.1. The same acts committed by a group of persons by prior conspiracy -
shall be punishable by a fine in the amount of one hundred thousand to three 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 four years, or by imprisonment for the same term with a fine of up to one hundred thousand rubles or in the amount of wages or other income of the convicted person for a period of up to one year or without it.
2. The acts provided for in part one of this article, committed:
a) an organized group;
b) on an especially large scale, -
shall be punishable by a fine in the amount of two hundred thousand to five hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of one to three years, or by forced labor for a term of up to five years, or by imprisonment for a term of up to six years with a fine in the amount of up to one million rubles or in the amount of wages or other income of the convicted person for a period of up to five years or without it.
3. Production, acquisition, storage, transportation for marketing purposes or sale of food products without labeling and (or) application of information provided for by the legislation of the Russian Federation, if such marking and (or) application of such information is mandatory (except for products specified in part five of this article), committed on a large scale, -
shall be punishable by a fine in the amount of up to four 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 forced labor for a term of up to three years, or by imprisonment for a term of up to three years with a fine of up to eighty thousand rubles or the amount of wages or other income of the convicted person for a period of up to six months.
4. The acts provided for in part three of this article, committed:
a) by a group of persons by prior conspiracy or an organized group;
b) on an especially large scale, -
shall be punishable by a fine in the amount of three hundred thousand to seven 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 by imprisonment for a term of up to six years with a fine in the amount of up to one million rubles or in the amount of wages or other income of the convicted person for a period of up to five years or without it.
5. Production, acquisition, storage, transportation for the purpose of marketing or sale of unlabeled alcoholic products subject to mandatory marking with excise stamps or federal special stamps, as well as unmarked tobacco products subject to marking with special (excise) stamps, committed on a large scale -
shall be punishable by 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 two years, or by forced labor for a term of up to three years, or by imprisonment for a term of up to three years with a fine of up to one hundred twenty thousand rubles, or in the amount of wages or other income of the convicted person for a period of up to six months.
6. Acts provided for in part five of this article, committed:
a) by a group of persons by prior conspiracy or an organized group;
b) on an especially large scale, -
shall be punishable by a fine in the amount of four hundred thousand to eight 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 by imprisonment for a term of up to six years with a fine in the amount of up to one million rubles or in the amount of wages or other income of the convicted person for a period of up to five years or without it.
Notes.
1. Large size in parts three and four of this article is recognized as the cost of unlabeled food products exceeding four hundred thousand rubles, and especially large - one million five hundred thousand rubles.
2. Large size in parts five and six of this article is recognized as the cost of unlabeled alcoholic beverages and (or) unlabeled tobacco products exceeding one hundred thousand rubles, and especially large - one million rubles.
Commentary to Art. 171.1 Criminal Code
1. The subject of the crime is goods and products without marking and (or) application of information provided for by law, if such marking and (or) application of such information is mandatory (parts 1 - 2); food products without labeling and (or) application of information required by law, if such labeling and (or) application of such information is mandatory (parts 3 - 4); unlabeled alcoholic products subject to mandatory marking with excise stamps or federal special stamps, as well as unmarked tobacco products subject to marking with special (excise) stamps (parts 5 - 6).
2. The act in parts 1, 3 and 5 can be expressed by five alternative actions: production, acquisition, storage, transportation or sale (in part 5 - sale) of the subject of the crime.
3. A mandatory sign of a crime is the large size of the act committed (notes to the article).
4. The subjective side is characterized by direct intent and the purpose of sales for production, acquisition, storage and transportation.
Fines for marking in 2021: current regulatory framework
Today Russian legislation provides for:
1. Administrative sanctions for the production and sale of unlabeled goods (violation of labeling rules), established by Art. 15.12 Code of Administrative Offenses of the Russian Federation. Note that in the absence of marking, fines for individual entrepreneurs are assigned in the same amount as for officials.
The production of unlabeled goods and products not related to alcohol or tobacco (violation of labeling rules) is punishable by fines imposed (Part 1 of Article 15.12 of the Code of Administrative Offenses of the Russian Federation):
- for an official (DL) and individual entrepreneur - 5-10 thousand rubles;
- for a legal entity (LE) - 50-100 thousand rubles.
The sale of unmarked goods is accompanied by fines (Part 2 of Article 15.12 of the Code of Administrative Offenses of the Russian Federation):
- per citizen - 2-4 thousand rubles;
- for DL and individual entrepreneurs - 5-10 thousand rubles;
- for legal entities - 50-300 thousand rubles.
In all of these cases, the fine for selling without markings and producing such goods is accompanied by confiscation of the unmarked goods.
If alcohol or tobacco is not labeled, then the manufacturer will be subject to fines for lack of labeling (Part 3 of Article 15.12 of the Code of Administrative Offenses of the Russian Federation):
- for DL and individual entrepreneurs - 10-15 thousand rubles;
- for legal entities - 100-150 thousand rubles.
If there is no alcohol labeling or cigarette labeling, fines are accompanied by confiscation of such products.
The release of alcohol or tobacco products into circulation without labeling is subject to fines (Part 4 of Article 15.12 of the Code of Administrative Offenses of the Russian Federation):
- for citizens - 4-5 thousand rubles;
- for DL and individual entrepreneurs - 10-15 thousand rubles;
- for legal entities - 200-300 thousand rubles.
The fine for selling unlabeled cigarettes or alcoholic beverages is also supplemented in these cases by confiscation of the goods.
2. Criminal punishment for the production and circulation (purchase, storage, transportation, sale) of goods without labeling, established by Art. 171.1 of the Criminal Code of the Russian Federation. They are used if the production or circulation of unlabeled products is carried out on a large/especially large scale. In general, this is considered to be an amount exceeding, respectively, 2.25 million or 9 million rubles (note to Article 170.2 of the Criminal Code of the Russian Federation). But in some cases the amounts may be different.
In accordance with the Criminal Code of the Russian Federation (Part 1 of Article 171.1), production and circulation of products in large quantities without labeling is punishable by:
- a fine of up to 300 thousand rubles (or the amount of the offender’s income for a period of up to 2 years);
- forced labor, imprisonment - (with a fine of up to 80 thousand rubles or income for a period of up to six months) up to 3 years.
If a crime is committed by a group of citizens in conspiracy, then the punishment is more severe (Part 1.1 of Article 171.1 of the Criminal Code of the Russian Federation):
- a fine of 100-300 thousand rubles (or the income of the culprit for 1-3 years);
- forced labor, imprisonment - up to 4 years (with a possible fine of up to 100 thousand rubles or the income of the perpetrator for a period of up to a year).
If the crime is committed by an organized group (or the size is especially large), the punishment will follow in the form (Part 2 of Article 171.1 of the Criminal Code of the Russian Federation):
- a fine of 200-500 thousand rubles (or in the amount of income for 1-3 years);
- forced labor for up to 5 years, imprisonment for up to 6 years (with a possible fine of up to 1 million rubles or in the amount of income for a period of up to 5 years).
One or another criminal fine for lack of labeling in accordance with the above standards is imposed if the product is not a food product or is not an alcohol or tobacco product (for example, if there is no labeling on shoes).
Fines in case of production, storage, transportation, sale of food products under Art. 171.1 apply when the crime is committed on a large / especially large scale - i.e. over 400 thousand / 1.5 million rubles (note to Article 171.1 of the Criminal Code of the Russian Federation). Sanctions are provided in the form (Part 3 of Article 171.1 of the Criminal Code of the Russian Federation):
- a fine of up to 400 thousand rubles (or in the amount of income for a period of up to 2 years);
- forced labor, imprisonment (with a fine of up to 80 thousand rubles or the amount of income for a period of up to six months) - up to 3 years.
Part 4 art. 171.1 of the Criminal Code provides for increased fines for violation of food labeling when the crime is committed on an especially large scale, by a group (by prior conspiracy), or by an organized group - from 300 to 700 thousand rubles (or the amount of income of the culprit for 1-3 years). Forced labor is possible (up to 5 years), imprisonment for up to 6 years (with a possible fine of up to 1 million rubles or the amount of income for a period of up to 5 years).
The following crimes fall under Art. 171.1 of the Criminal Code of the Russian Federation, if committed on a large scale (more than 100 thousand rubles), or on an especially large scale (more than 1 million rubles).
So, if tobacco products or alcoholic products subject to labeling were produced, purchased, transported or sold without labeling, the fine will be, as follows from Part 5 of Art. 171.1 of the Criminal Code of the Russian Federation, up to 500 thousand rubles (or the amount of the offender’s income for up to 2 years). Forced labor and imprisonment (with a fine of up to 120 thousand rubles or the amount of income for a period of up to six months) - up to 3 years are also possible. And if crimes are committed by a group of persons (by prior conspiracy) or an organized group or on a particularly large scale, then sanctions will follow in the form (Part 6 of Article 171.1 of the Criminal Code of the Russian Federation):
- a fine of 400-800 thousand rubles (or the amount of the offender’s income for 1-3 years);
- forced labor for up to 5 years, imprisonment for up to 6 years (with a possible fine of up to 1 million rubles or the amount of income for 5 years).
The above provisions of the law regulating administrative and criminal fines for the lack of labeling on a product will be supplemented in 2021 with a number of new provisions. The list of goods subject to mandatory labeling can be found here.
Second commentary to Art. 171.1 of the Criminal Code of the Russian Federation
1. Item:
1) under Part 1 of the article: goods and products without marking and (or) application of information provided for by the legislation of the Russian Federation, if such marking and (or) application of such information is mandatory - industrial and other goods (fur products, chemicals and etc.) (except for the products specified in Part 3 and Part 5 of Article 171.1 of the Criminal Code);
2) under Part 3 of the article: food products (in particular - food products (products in natural or processed form, consumed by humans as food (including baby food products, dietary food products), bottled drinking water, soft drinks, chewing gum, and also food raw materials, etc.) without marking and (or) application of information provided for by the legislation of the Russian Federation, if such marking and (or) application of such information is mandatory (with the exception of products specified in Part 5 of Article 171.1 of the Criminal Code);
3) under Part 5 of the article: unlabeled alcoholic products (food products that are produced with or without the use of ethyl alcohol produced from food raw materials, and (or) alcohol-containing food products, with an ethyl alcohol content of more than 0.5% of the volume of the finished product , with the exception of food products in accordance with the list established by the Government of the Russian Federation - Article 2 of the Federal Law of November 22, 1995 No. 171-FZ “On state regulation of the production and circulation of ethyl alcohol, alcoholic and alcohol-containing products and on limiting the consumption (drinking) of alcoholic products "(hereinafter referred to as the Federal Law of November 22, 1995), subject to mandatory labeling with excise stamps or federal special stamps, as well as unlabeled tobacco products (products made entirely or partially from tobacco leaves as raw material, prepared in such a way as to be used for smoking, sucking , chewing or sniffing, - Article 2 of the Federal Law of December 22, 2008 No. 268-FZ “Technical Regulations on Tobacco Products”, subject to marking with special (excise) stamps.
2. The objective side is expressed in the production, acquisition, storage, transportation for the purpose of distribution or sale of objects of crime (the latter - for Part 1 and Part 3 of Article 171.1 of the Criminal Code), and in relation to unlabeled alcoholic beverages and tobacco products (Part 5 Article 171.1 of the Criminal Code) - in the sale of it (instead of marketing). A prerequisite for bringing a person to criminal liability is the large size of goods or products.
3. The crime is considered completed from the moment of production, acquisition, storage, transportation for the purpose of sale or from the moment of sale of unmarked goods and products in large quantities. Large size h.h. 1, 1.1 and 2 tbsp. 171.1 of the Criminal Code recognizes the value of unmarked goods and products in excess of two million two hundred and fifty thousand rubles (especially large ones - nine million rubles) (note to Article 170.2 of the Criminal Code); large size in h.h. 3 and 4 tbsp. 171.1 of the Criminal Code - the cost of unlabeled food products exceeding four hundred thousand rubles (for especially large ones - one and a half million rubles) (note No. 1 to Article 171.1 of the Criminal Code); large size in h.h. 5 and 6 tbsp. 171.1 of the Criminal Code - the cost of unlabeled alcoholic products and (or) unlabeled tobacco products exceeding one hundred thousand rubles (for especially large ones - one million rubles) (note No. 2 to Article 171.1 of the Criminal Code).
4. The subjective side is characterized by direct intent. For the production, acquisition, storage and transportation of unlabeled goods or products, a marketing purpose is required.
5. Subject - a private person, individual entrepreneur, head of an enterprise, etc.
6. Qualifying characteristics are indicated in part. 1.1, 2, 4, 6 tbsp. 171.1 CC.
Unlabeled goods and products (Article 171.1 of the Criminal Code of the Russian Federation).
The subject of a crime is a natural, sane person,
who have reached the age of 16 years.
If in the process of illegal business activity
production, acquisition, storage, transportation for sales purposes are carried out
or sale of unmarked goods and products subject to mandatory
marking with excise duty stamps, special stamps or signs
correspondence, protected from counterfeiting, made in large or special
on a large scale, the actions of a person must be qualified in aggregate
crimes under Art. 171 and 177.1 of the Criminal Code of the Russian Federation.
In Part 2 of Art. 177.1 of the Criminal Code of the Russian Federation provides for the following qualifying
signs:
1) commission of a crime by an organized group;
2) in an especially large amount (over six million rubles).
Part 3 of Article 171.1 of the Criminal Code of the Russian Federation provides for separate liability for
production, acquisition, storage, transportation for marketing purposes or sale
unlabeled alcoholic products subject to mandatory
marking with excise stamps or federal special stamps,
committed on a large scale.
Part 4 of this article provides for increased liability
for acts provided for in Part 3, committed by an organized group and
(or) on an especially large scale.
Illegal organization and conduct of gambling (Article 171.2 of the Criminal Code
RF).
The immediate object is social relations in the sphere
ensuring the legal order of carrying out activities related to organization and
conducting gambling.
The objective side consists of two alternative acts in the form:
1) organizing gambling using gaming
equipment outside the playing area, or using information
communication networks, including the Internet, as well as means of communication, including mobile, or without receiving it in the prescribed manner
permits to carry out gambling activities in
gambling zone;
2) conducting gambling using the specified funds or
without permission, associated with the extraction of income on a large scale.
The subjective side of the crime is characterized by direct intent.
The subject of the crime is a general person - a person who has reached the age of 16.
Part 2 contains two qualifying criteria:
a) acts involving the extraction of income on an especially large scale; b)
acts committed by an organized group.
Illegal formation (creation, reorganization) of a legal entity
Persons (Article 173.1 of the Criminal Code of the Russian Federation).
The objective side of this crime (Article 173.1 of the Criminal Code of the Russian Federation)
expressed in alternative actions to create or reorganize
legal entity through nominees.
The procedure for the formation of a legal entity is established by the Federal
Law of August 8, 2001 No. 129-FZ “On State Registration
legal entities and individual entrepreneurs."
This Federal Law regulates relations arising in
connection with state registration of legal entities upon their creation,
reorganization and liquidation, when making changes to their constituent
documents, state registration of individuals as
individual entrepreneurs and state registration with
termination by individuals of activities as individual
entrepreneurs, as well as in connection with maintaining state registers -
unified state register of legal entities and unified
state register of individual entrepreneurs (part one in
ed. Federal Law dated June 23, 2003 No. 76-FZ).
This article, like Article 173.2 of the Criminal Code of the Russian Federation, provides for criminal
responsibility for the creation of so-called shell companies, through which
Various illegal transactions are carried out aimed at raising money, cashing out large sums of money, etc.
According to the note to Art. 173.1 of the Criminal Code of the Russian Federation under dummies in
this article means persons who are founders (participants)
legal entity or management bodies of a legal entity, by
misrepresentation of which was created or reorganized
entity.
According to the design of the objective side, this composition is
formal.
From the subjective side, the act is characterized by a deliberate form
guilt in the form of direct intent.
The subject of the crime is a physically sane person who has reached the age of
16 years.
In Part 2 of Art. 173.1 of the Criminal Code of the Russian Federation contains two qualifying criteria:
1) committing an act using one’s official position;
2) commission of a crime by a group of persons by prior conspiracy.
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