Code of the Russian Federation on Administrative Offenses

Administrative offenses in the region customs regulation in the Customs Union, encroach on the economic interests and security of the Member States of the Customs Union, the population of countries, environmental well-being, moral principles of society.

The integration processes of Russia's accession to the Customs Union did not significantly affect its law enforcement system. According to Art. 7 of the Customs Code of the Customs Union, the customs authorities of the member states of the customs union bring persons to administrative responsibility in accordance with the national legislation of the states. Types of administrative offenses, as well as the procedure and principles for bringing persons to administrative responsibility are determined by the legislation of the Member States of the customs union with the features established international treaties.

Regulatory framework administrative responsibility in the field of customs in the customs territory of Russia is the "Code Russian Federation on Administrative Offenses” dated December 30, 2001 No. 195-FZ. This document defines:

ü elements of administrative offenses in the field of customs;

ü the system of administrative penalties and the principles of their application;

ü the range of subjects authorized to bring the perpetrators to administrative responsibility;

ü the procedure for bringing to administrative responsibility and its procedural form;

Relying on general concept administrative offense, contained in part 2 Article.2.1. Code of Administrative Offenses of the Russian Federation, the following definition of an administrative offense in the field of customs can be given

Administrative offense in the field of customs (violation of customs rules)- illegal guilty action (inaction) of an individual or legal entity that infringes on the rules of customs regulation established by the customs legislation of the Customs Union and the Russian Federation, for which administrative liability is established by the Code of Administrative Offenses of the Russian Federation.

Taking into account the integration features of customs regulation at the present stage, illegal acts in the field of customs encroach on public relations in the field of:

the order of movement of goods and funds international transportation through the customs border of the customs union;

· the procedure for their movement through the single customs territory of the customs union while under customs control;

the procedure for customs clearance, release and use of goods and means of international transportation in accordance with the declared customs procedure;

application of measures customs control;

· rules for establishing and collecting customs payments;

· Rules for granting customs privileges to foreign economic activity participants and using them;

· implementation of power relations between customs authorities and persons exercising the rights of possession, use and disposal of goods and vehicles (normal operation of customs authorities).

Chapter 16 of the Code "Administrative violations in the field of customs (violations of customs rules)" contains 23 articles that fix the composition of customs offenses. Previously, similar compositions were enshrined in the Customs Code of the Russian Federation of 1993. Chapter 39 of the Labor Code of the Russian Federation 1993. contained 40 offenses of customs rules. In connection with the updating of customs legislation and the adoption of the Customs Code of the Russian Federation in 2003, these norms were revised, generalized according to generic characteristics, partially decriminalized and included as a separate chapter 16 in the special part of the Code of Administrative Offenses of the Russian Federation ..

Within the framework of the Customs Union, offenses detected in the customs territory of the Russian Federation, as well as offenses detected outside the customs territory of the Russian Federation, are subject to qualification according to the composition of Chapter 16 of the Code of Administrative Offenses of the Russian Federation, if they are related to the non-delivery of goods (documents to them) released by the customs authorities of the Russian Federation in accordance with with the transit procedure.

The norms of Chapter 16 of the Code of Administrative Offenses of the Russian Federation are the legal basis for administrative responsibility in the field of customs. Factual basis for the onset of administrative responsibility, there is an actually committed violation of customs rules, which must have a combination of objective and subjective features (composition):

· Object of a customs offense;

· The objective side of the customs offense;

The subject of a customs offense;

· The subjective side of the customs offense.

ü Object of a customs offense - public relations regulated by the norms of customs legislation, which the fact of committing an offense causes harm or the threat of harm. Depending on the degree of specification, a generic (general) and a direct object of a customs offense are distinguished.

· generic object customs offense - public relations regulated by the norms of the customs law of Russia and the Customs Union;

· immediate object customs offense - specific public relations that arise at the stages customs operations: declaring goods, collecting and paying customs duties, placing goods in a temporary storage warehouse, conducting customs control, etc.

It should be distinguished from the object of a customs offense subject, which is a sign of an object and represents a thing of the material world, through the impact on which an offense is committed (goods moved with concealment from customs control of a thing; goods lost due to force majeure; undeclared currency and other monetary instruments).

ü The objective side of the customs offense- the external expression of the offense, which includes the act and its signs, described in the disposition of the law enforcement norm of Chapter 16 of the Code of Administrative Offenses of the Russian Federation. The signs of the objective side may include:

time of the offense. For example: the actual movement of goods across the customs border outside the working hours of the customs authorities (clause 1 of article 16.1 of the Code of Administrative Offenses of the Russian Federation);

the place where the offense was committed. For example, the importation of goods and Vehicle to the customs territory in addition to checkpoints across the State Border and other established places of arrival (clause 1, article 16.1 of the Code of Administrative Offenses of the Russian Federation);

The method of committing an offense, which is the methods used by the offender to commit an unlawful act. For example, violation of customs rules by the method of presenting invalid documents during customs clearance (Article 16.7 of the Code of Administrative Offenses of the Russian Federation)

a sign of a “third party” participating in legal relations in one form or another. For example: performing customs operations on behalf of the declarant and others stakeholders a legal entity not included in the Register of customs brokers (representatives) (clause 1, article 16.23 of the Code of Administrative Offenses of the Russian Federation);

The objective side can be expressed in 2 forms:

· action form violating a direct prohibition (destruction, damage, removal, change or replacement of means of identification, Art. 16.11. Administrative Code of the Russian Federation)

· form of inactivity violating a legal requirement (failure to submit reports to the customs authority, Article 16.15 of the Code of Administrative Offenses of the Russian Federation).

According to the design features of the objective side, customs offenses are formal, that is, they do not require the mandatory presence of material damage caused by the offense.

ü Subject of a customs offense – a person who has committed an offense enshrined in the articles of Chapter 16 of the Code of Administrative Offenses of the Russian Federation.

Subjects of violation of customs rules may be:

· individual subjects - natural persons

· collective entities - legal entities

Signs of an individual The subject of the offense can be divided into two groups:

· general , which any person brought to administrative responsibility should possess. There are two of them: reaching the age of 16 (Article 2.3 of the Code of Administrative Offenses of the Russian Federation) and sanity (Article 2.8 of the Code of Administrative Offenses of the Russian Federation);

· special associated with the peculiarity of their activities (an official, individual entrepreneur without forming a legal entity), or a feature legal status persons (military, called up for military training, having a special rank, minor, citizen, foreigner, stateless person ). If the norm does not contain special features of the subject, therefore, any subject that has the general features of the subject can be held liable for it.

A feature of Chapter 16 of the Code of Administrative Offenses of the Russian Federation is that, according to its norms, persons engaged in individual activities without forming a legal entity (IPBUL) are held administratively liable as legal entities, although according to general rule administrative legislation, they are brought to administrative responsibility as officials (Article 2.4 of the Code of Administrative Offenses of the Russian Federation). The legislator toughens the responsibility of the IPBUL in the field of customs, given the potentially high degree of public danger of customs offenses that can be committed in the course of their economic activity these subjects of foreign economic activity.

collective subjects customs offenses can be divided into two groups according to the limits of delinquency:

· general - legal entities that have a general capacity for delinquency due to the creation and registration in the manner prescribed by law;

· special – a circle legal entities specified in law enforcement regulations. For example, Art. 16.23 of the Code of Administrative Offenses of the Russian Federation provides for the liability of legal entities engaged in commercial activities in the field of customs: customs representatives, customs carriers, owners of temporary storage warehouses, owners of customs warehouses, authorized economic operators, etc.

Most of the articles of Chapter 16 of the Code of Administrative Offenses of the Russian Federation in terms of subject composition are universal in nature, that is, they define the widest possible range of subjects of offenses: individuals, legal entities and officials. However, there are separate structures that fix only natural persons as offenders ( Article 16.4. Non-declaration or false declaration individuals foreign currency or the currency of the Russian Federation). Some articles, on the contrary, exclude individuals from the circle of subjects of the offense (Article 16.23. Illegal implementation of activities in the field of customs).

ü The subjective side of the customs offense- the guilt of the offender, i.e. a set of features characterizing the mental attitude of a person to the deed and its consequences is expressed in the form of intent and negligence.

The presence of guilt is essential for attributing an event to an offense. Article 1.5. The Code of Administrative Offenses of the Russian Federation, fixing the presumption of innocence, indicates that a person is subject to administrative liability only for those administrative offenses in respect of which his guilt has been established. Forms of guilt of individuals (Article 2.2 of the Code of Administrative Offenses of the Russian Federation):

· intent - the person who committed the offense was aware of the illegal nature of his action (inaction), foresaw its harmful consequences and desired the onset of such consequences or knowingly allowed them or treated them indifferently.

· imprudence - the person who committed the offense foresaw the possibility of the occurrence of harmful consequences of his action (inaction), but without sufficient grounds, presumptuously counted on preventing such consequences, or did not foresee the possibility of such consequences, although he should have and could have foreseen them.

Code of Administrative Offenses of the Russian Federation designs a form guilt of a legal entity by type of objective imputation (clause 2, article 2.1 of the Code of Administrative Offenses of the Russian Federation). A legal entity is found guilty of committing an administrative offense if it is established that it had the opportunity to comply with the rules and norms for the violation of which administrative responsibility is provided, but this person did not take all measures depending on them to comply with them.

A common feature for all types of offenses in the field of customs is that they encroach on social relations regulated by the norms of customs law of the Customs Union and the Russian Federation. According to a number of properties, the offenses described in Chapter 16 of the Code of Administrative Offenses of the Russian Federation can be divided into groups (classified). The intrageneric classification of customs offenses has a cognitive meaning, as it allows to evaluate the illegal phenomenon in a multifaceted and more profound way. Some classification results are presented in the table.

Classification groups	Examples of offenses Chapter 16 of the Code of Administrative Offenses of the Russian Federation
BY THE DEGREE OF PUBLIC DANGER
Minor violations - do not cause significant damage to the economy of the state	Article 16.5. Violation of the regime of the customs control zone; Article 16.10. Failure to comply with the procedure for internal customs transit or the customs regime of international customs transit; Article 16.15. Failure to submit reports to the customs authority; Article 16.23. Illegal implementation of activities in the field of customs.
Gross violations - cause real damage to the economy, morality, state security	Article 16.1. Illegal movement of goods and (or) vehicles across the customs border of the Russian Federation; Article 16.2. Failure to declare or false declaration of goods and (or) vehicles; Article 16.22. Violation of the terms of payment of customs duties.
ON THE OBJECT OF THE OFFENSE
Encroaching on the order of movement of goods	Article 16.1 Illegal movement of goods and (or) vehicles across the customs border of the Russian Federation; Article 16.3 Failure to comply with prohibitions and (or) restrictions on the import of goods into the customs territory of the Russian Federation and (or) the export of goods from the customs territory of the Russian Federation; Article 16.18 Non-export or failure to re-import goods and (or) vehicles by individuals.
Encroaching on the order of registration of goods, their placement under customs procedures and the implementation of customs control measures	Article 16.2 Failure to declare or false declaration of goods and (or) vehicles; Articles 16.4-16.17 Submission of invalid documents for the release of goods before the filing of the customs declaration; Article 16.19 Non-compliance with the customs regime; Article 16.23 Illegal implementation of activities in the field of customs.
Encroaching on the procedure for imposing customs payments	Article 16.22 Violation of the terms for payment of customs payments.
Encroaching on the procedure for granting benefits and using them	Article 16.20 Illegal use or disposal of conditionally released goods or illegal use of seized goods; Article 16.21 Illegal acquisition, use, storage or transportation of goods and/or means of transport
Encroaching on the normal work of the customs authorities	Article 16.12. Failure to comply with the deadlines for filing a customs declaration or submission of documents and information Article 16.15. Failure to submit reports to the customs authority Article 16.22. Violation of the terms of payment of customs duties
IN THE FORM OF WRONG ACTION
Actions	Article 16.1 Illegal movement of goods and vehicles across the customs border of the Russian Federation;
inaction	Article 16.2 Failure to declare or false declaration of goods and (or) vehicles; Article 16.4 Failure to declare or false declaration by individuals of foreign currency or the currency of the Russian Federation; Article 16.15 Failure to submit reports to the customs authority;

Other attempts have been made in the scientific literature to classify customs violations contained in Chapter 16 of the Code of Administrative Offenses of the Russian Federation. However, they were artificial. Of additional interest may be the selection contraband group of offenses, which include offenses of Article 16.2; 16.2; 16.4 of the Code of Administrative Offenses of the Russian Federation, as well as the division of offenses into lasting and non-lasting, which has practical value to calculate the statute of limitations in the process of law enforcement activities to bring persons to administrative responsibility.

Issues of delimitation of customs offenses and crimes in the customs sphere (Articles 188, 189, 190, 193, 194 of the Criminal Code of the Russian Federation) are resolved in a comprehensive manner. The main fundamental difference between a crime and a misdemeanor is the degree of public danger: it is higher for a crime than for a misdemeanor. The criteria for delimitation can be found in the law enforcement norm itself or follow from the general theory of law. For example, clause 1 of Article 188 of the Criminal Code of the Russian Federation “Smuggling” contains such a qualifying feature as a large size. Paragraph 2 of the same article contains an indication of the specific subject of the offense: drugs, psychotropic substances, their analogues, etc., for which special rules have been established for moving across the customs border of the Russian Federation. The differences between a customs offense and a crime may include guilt in the form of intent or direct intent, characteristic of certain types crimes. Distinctive feature is also the subject composition of offenses: in contrast to the administrative offense in the field of customs, the subject of a criminal offense can only be an individual subject: an individual or an official.

Illegal movement of goods and (or) vehicles across the customs border of the Russian Federation

Notes:

Article 16.2

Article 16.3

Article 16.4

Article 16.5

Article 16.6

Article 16.7

shall entail the imposition of an administrative fine on citizens in the amount of fifteen to twenty five minimum dimensions wages with confiscation of goods and (or) vehicles that were the subjects of an administrative offense, or without it, or confiscation of the subjects of an administrative offense; on officials - from one hundred to two hundred times the minimum wage; on legal entities - from one thousand to three thousand times the minimum wage with or without confiscation of goods and (or) vehicles that were the subjects of an administrative offense, or confiscation of the subjects of an administrative offense.

Article 16.8

Article 16.9

shall entail the imposition of an administrative fine on citizens in the amount of from three to five times the minimum wage; for officials - from five to ten times the minimum wage; for legal entities - from fifty to one hundred times the minimum wage.

Article 16.10

entails a warning or the imposition of an administrative fine on citizens in the amount of from three to five times the minimum wage; for officials - from five to ten times the minimum wage; for legal entities - from fifty to one hundred times the minimum wage.

Article 16.11

Article 16.12

Article 16.13

shall entail the imposition of an administrative fine on citizens in the amount of from five to ten times the minimum wage; for officials - from ten to twenty times the minimum wage; for legal entities - from one hundred to two hundred times the minimum wage.

Article 16.14

Article 16.15

Article 16.16

Article 16.17

Article 16.18

Article 16.19

Article 16.20

Article 16.21

Article 16.22

Article 16.23

shall entail the imposition of an administrative fine on citizens in the amount of from fifteen to twenty five times the minimum wage; on officials - from twenty to fifty times the minimum wage; for legal entities - from one hundred to five hundred times the minimum wage.

2. Carrying out activities as customs carriers, owners of temporary storage warehouses or owners of customs warehouses by persons included in the relevant register on the basis of invalid documents or excluded from the registers of persons carrying out activities in the field of customs affairs, except for cases where the implementation of such activities is associated with completion of customs operations, the obligation to perform which arose before the removal of a person from the relevant register -

shall entail the imposition of an administrative fine on officials in the amount of from twenty to fifty times the minimum wage; for legal entities - from one hundred to five hundred times the minimum wage.

3. Failure to notify or violation of the deadline for notifying a customs authority of a change in the information specified in an application for inclusion in the registers of persons exercising activities in the area of customs affairs, -

entails a warning or the imposition of an administrative fine on officials in the amount of from one to five times the minimum wage; for legal entities - from twenty to one hundred times the minimum wage.

1. Violation of the procedure for the arrival of goods and (or) vehicles into the customs territory of the Russian Federation by importing them in addition to checkpoints across the State Border of the Russian Federation or other established places of arrival or outside the opening hours of customs authorities, as well as committing actions directly aimed at the actual crossing of the customs border of the Russian Federation with goods and (or) vehicles upon their departure from the customs territory of the Russian Federation in addition to checkpoints across the State Border of the Russian Federation or other places established in accordance with the legislation of the Russian Federation on the State Border of the Russian Federation, or outside the working hours of customs authorities or without permission customs authority, -

entails the imposition of an administrative fine on citizens and legal entities in the amount of one second to three times the cost of goods and (or) vehicles that are the subjects of an administrative offense, with or without their confiscation or confiscation of the subjects of an administrative offense; on officials - from one hundred to two hundred times the minimum wage.

2. Concealment of goods from customs control by using caches or other methods that make it difficult to detect goods, or by making some goods look like others when they are moved across the customs border of the Russian Federation -

shall entail the imposition of an administrative fine on citizens and legal entities in the amount of one second to three times the value of the goods that were the subjects of an administrative offense, with or without their confiscation and the confiscation of goods and (or) vehicles that were the instruments of an administrative offense, or the confiscation of items administrative offense; on officials - from one hundred to two hundred times the minimum wage.

3. Notifying the customs authority of false information about the number of packages, their marking, the name, weight and (or) volume of goods upon arrival in the customs territory of the Russian Federation or upon departure from the customs territory of the Russian Federation of goods and (or) vehicles, or to obtain permission for internal customs transit or to complete it, or when placing goods in a temporary storage warehouse by submitting invalid documents, as well as using for these purposes a fake identification tool or a genuine identification tool related to other goods and (or) vehicles , -

shall entail the imposition of an administrative fine on citizens in the amount of from ten to twenty-five times the minimum wage with or without confiscation of the goods that were the subjects of the administrative offense, or confiscation of the subjects of the administrative offence; on officials - from fifty to one hundred times the minimum wage; on legal entities - from five hundred to one thousand times the minimum wage with or without confiscation of goods that were the subjects of an administrative offense, or confiscation of the subjects of an administrative offense.

Notes:

1. For the administrative offenses provided for by this chapter, persons engaged in entrepreneurial activities without forming a legal entity shall bear administrative responsibility as legal entities.

2. For the purposes of this chapter, invalid documents are understood to be counterfeit documents, documents obtained illegally, documents containing false information, documents related to other goods and (or) vehicles, and other documents that have no legal force.

Article 16.2. Failure to declare or false declaration of goods and (or) vehicles

1. Non-declaration in the established form (oral, written or electronic) of goods and (or) vehicles subject to declaration, except for the cases provided for in Article 16.4 of this Code -

entails the imposition of an administrative fine on citizens and legal entities in the amount of one half to two times the cost of goods and (or) vehicles that are the subjects of an administrative offense, with or without their confiscation or confiscation of the subjects of an administrative offense; on officials - from one hundred to two hundred times the minimum wage.

2. Statement by the declarant or customs broker (representative) when declaring goods and (or) vehicles of false information about goods and (or) vehicles, if such information served as the basis for exemption from payment customs duties, taxes or to reduce their amount, -

entails the imposition of an administrative fine on citizens and legal entities in the amount of one second to two times the amount of unpaid customs duties, taxes with or without confiscation of goods and (or) vehicles that were the subjects of an administrative offense, or confiscation of the subjects of an administrative offense; on officials - from one hundred to two hundred times the minimum wage.

3. Statement by the declarant or customs broker (representative) when declaring goods and (or) vehicles of false information about goods and (or) vehicles, as well as the submission of invalid documents, if such information and documents could serve as a basis for non-application of prohibitions and (or) ) restrictions established in accordance with the legislation of the Russian Federation on state regulation foreign trade activity, -

shall entail the imposition of an administrative fine on citizens in the amount of from fifteen to twenty-five times the minimum wage with or without confiscation of goods and (or) vehicles that are the subjects of an administrative offense, or confiscation of the subjects of an administrative offense; on officials - from one hundred to two hundred times the minimum wage; on legal entities - from one thousand to three thousand times the minimum wage with or without confiscation of goods and (or) vehicles that were the subjects of an administrative offense, or confiscation of the subjects of an administrative offense.

Article 16.3. Failure to comply with prohibitions and (or) restrictions on the import of goods into the customs territory of the Russian Federation and (or) the export of goods from the customs territory of the Russian Federation

1. Failure to comply with prohibitions and (or) restrictions on the import of goods into the customs territory of the Russian Federation and (or) export of goods from the customs territory of the Russian Federation, established in accordance with the legislation of the Russian Federation on the state regulation of foreign trade activities and not bearing an economic nature, except for cases, provided for by paragraph 3 of Article 16.2 of this Code, -

2. Failure to comply with the prohibitions and (or) restrictions of an economic nature established in accordance with the legislation of the Russian Federation on the state regulation of foreign trade activities on the import of goods into the customs territory of the Russian Federation and (or) the export of goods from the customs territory of the Russian Federation, except for the cases provided for by Part 3 Article 16.2 of this Code, -

shall entail the imposition of an administrative fine on citizens in the amount of from ten to twenty times the minimum wage with or without confiscation of goods and (or) vehicles that are the subjects of an administrative offense, or confiscation of the subjects of an administrative offense; on officials - from fifty to one hundred times the minimum wage; on legal entities - from five hundred to one thousand times the minimum wage with or without confiscation of goods and (or) vehicles that were the subjects of an administrative offense, or confiscation of the subjects of an administrative offense.

Article 16.4. Failure to declare or false declaration by individuals of foreign currency or the currency of the Russian Federation

Non-declaration or false declaration by individuals of foreign currency or currency of the Russian Federation, moved across the customs border of the Russian Federation and subject to mandatory written declaration -

shall entail the imposition of an administrative fine on citizens in the amount of from ten to twenty-five times the minimum wage.

Article 16.5. Violation of the regime of the customs control zone

Movement of goods and (or) vehicles or persons, including officials of state bodies, with the exception of officials of customs authorities, across the borders of the customs control zone or within it, or the implementation of production or other commercial activities without the permission of the customs body, if such permission is obligatory, -

Article 16.6. Failure to take action in the event of an accident or force majeure

1. Non-acceptance by the carrier in the event of an accident or force majeure or the occurrence of other circumstances that prevent the delivery of goods and (or) vehicles to the place of arrival, the stopping or landing of a sea (river) or aircraft in designated places or the transportation of goods in accordance with internal customs transit or international customs transit, measures to ensure the safety of goods and (or) vehicles, with the exception of cases of destruction or loss of goods and (or) vehicles due to circumstances that the carrier could not prevent and the elimination of which did not depend on him -

shall entail the imposition of an administrative fine on citizens in the amount of from fifteen to twenty times the minimum wage; on officials - from thirty to forty times the minimum wage; for legal entities - from three hundred to four hundred times the minimum wage.

2. Failure by the carrier to report to the nearest customs authority about an accident or force majeure or the occurrence of other circumstances that prevent the delivery of goods and (or) vehicles to the place of arrival, stopping or landing of a sea (river) or aircraft in specified places or transportation goods in accordance with internal customs transit or international customs transit, about the location of goods and (or) vehicles or failure to ensure the transportation of goods and (or) vehicles to the nearest customs authority or to another place indicated by the customs authority -

Article 16.7. Submission of invalid documents during customs clearance

Submission by the declarant or other person to the customs broker (representative) or other person of documents for submission to the customs authority during the customs clearance of goods and (or) vehicles, resulting in the notification (application) to the customs authority by the customs broker (representative) or other person of false information about goods and (or) vehicles, -

Article 16.8. Mooring to a ship or other floating craft under customs control

Mooring to a ship or other floating craft under customs control, except for cases where such mooring is allowed, -

Article 16.9. Non-delivery, issue (transfer) without the permission of the customs authority or loss of goods or documents for them

1. Non-delivery of goods transported in accordance with internal customs transit or placed under the customs regime of international customs transit to the place of delivery, as well as release (transfer) without the permission of the customs authority or loss of goods having the status of being in temporary storage, placed under the customs regime international customs transit or stored in a customs warehouse or free warehouse, -

shall entail the imposition of an administrative fine on citizens in the amount of from fifteen to twenty-five times the minimum wage with or without confiscation of goods that are the subjects of an administrative offense; on officials - from one hundred to two hundred times the minimum wage; on legal entities - from three thousand to five thousand times the minimum wage with or without confiscation of goods that were the subjects of an administrative offense.

2. Non-delivery of documents for goods transported in accordance with internal customs transit or placed under the customs regime of international customs transit to the place of delivery -

Article 16.10. Failure to comply with the procedure for internal customs transit or the customs regime of international customs transit

Non-compliance by the carrier with the period of internal customs transit or international customs transit established by the customs authority, or the route for the carriage of goods determined by the customs authority, as well as the delivery of goods to a customs control zone other than that determined by the customs authority as the place of delivery, -

Article 16.11. Destruction, damage, removal, alteration or replacement of means of identification

Destruction, removal, alteration or replacement of means of identification used by a customs body, without the permission of a customs body, as well as damage or loss of such means of identification -

shall entail the imposition of an administrative fine on citizens in the amount of from three to ten times the minimum wage; for officials - from five to twenty times the minimum wage; for legal entities - from fifty to two hundred times the minimum wage.

Article 16.12. Failure to comply with the deadlines for filing a customs declaration or submitting documents and information

1. Failure to comply with the established deadlines for filing a full customs declaration in case of periodic temporary declaration or customs declaration and (or) required documents and information upon release of goods prior to filing a customs declaration -

shall entail the imposition of an administrative fine on officials in the amount of from thirty to fifty times the minimum wage; for legal entities - from one hundred to five hundred times the minimum wage.

2. Submission of a customs declaration in violation of the established terms in cases where the declaration is carried out after the actual export of goods, -

shall entail the imposition of an administrative fine on officials in the amount of from fifty to one hundred times the minimum wage; for legal entities - from five hundred to one thousand times the minimum wage.

3. Non-submission within the established period of documents confirming the information declared in the customs declaration, if such documents were not submitted simultaneously with the customs declaration, or missing information in case of submission of an incomplete customs declaration, or documents requested by the customs authority during customs control in order to verify the authenticity information declared in the customs declaration and other customs documents -

shall entail the imposition of an administrative fine on officials in the amount of from twenty to fifty times the minimum wage; for legal entities - from five hundred to one thousand times the minimum wage.

Article 16.13. Carrying out cargo and (or) other operations without the permission of the customs authority

1 Unloading, loading, unloading, reloading (transshipment) and other cargo operations, acceptance for transportation of goods under customs control, taking samples and specimens of such goods or opening premises or other places where these goods may be located, without the permission of the customs authority in cases if such permission is required, -

2. Unloading goods, the import of which into the Russian Federation is prohibited in accordance with the legislation of the Russian Federation -

shall entail the imposition of an administrative fine on citizens in the amount of from fifteen to twenty five times the minimum wage; on officials - from fifty to two hundred times the minimum wage; for legal entities - from five hundred to one thousand times the minimum wage.

3. Failure to notify a customs authority of the reloading of goods under customs control, where such notification is mandatory, -

Article 16.14. Violation of the procedure for placing goods in storage, the procedure for their storage or the procedure for performing operations with them

Violation of the established requirements and conditions for placing goods in a customs warehouse, temporary storage warehouse, free warehouse or warehouse of the recipient of goods or the procedure for their storage, as well as performing operations with them or with goods that have the status of being in temporary storage, entailing a change in the state of such goods or violation of their packaging and (or) change of imposed means of identification, without the permission of the customs authority in cases where such permission is mandatory, except for the cases provided for by other articles of this Chapter, -

shall entail the imposition of an administrative fine on citizens in the amount of from five to fifteen times the minimum wage; on officials - from twenty to one hundred times the minimum wage; for legal entities - from fifty to two hundred times the minimum wage.

Article 16.15. Failure to submit reports to the customs authority

Failure to submit reports to the customs authority within the established time limit in cases stipulated by the customs legislation of the Russian Federation, as well as submission of reports containing false information -

shall entail a warning or the imposition of an administrative fine on officials in the amount of from twenty to fifty times the minimum wage; for legal entities - from two hundred to five hundred times the minimum wage.

Article 16.16. Violation of the terms of temporary storage of goods

Violation of terms of temporary storage of goods -

shall entail the imposition of an administrative fine on citizens in the amount of from fifteen to twenty five times the minimum wage; on officials - from one hundred to two hundred times the minimum wage; on legal entities - from five hundred to one thousand times the minimum wage with or without confiscation of goods that were the subjects of an administrative offense.

Article 16.17. Submission of invalid documents for the release of goods before filing a customs declaration

Submission of invalid documents for the release of goods prior to the filing of a customs declaration, if the information contained in such documents influences the adoption by the customs body of a decision on the release of goods prior to the filing of a customs declaration -

shall entail the imposition of an administrative fine on officials in the amount of from one hundred to two hundred times the minimum wage; for legal entities - from five hundred to one thousand times the minimum wage

Article 16.18. Non-export or failure to re-import goods and (or) vehicles by individuals

1. Non-exportation from the customs territory of the Russian Federation by natural persons of temporarily imported goods and (or) means of transport within the established terms of temporary import -

2. Failure by individuals to re-import into the customs territory of the Russian Federation temporarily exported goods subject to mandatory re-import in accordance with the legislation of the Russian Federation -

entails the imposition of an administrative fine on citizens in the amount of the value of the goods that were the subjects of the administrative offence.

Article 16.19. Non-compliance with the customs regime

1. Non-compliance with the conditions for placing goods and (or) vehicles under the customs regime, the content of which provides for full or partial exemption from customs duties and taxes or the return of amounts paid and (or) non-application of prohibitions and (or) restrictions of an economic nature established in accordance with with the legislation of the Russian Federation on state regulation foreign trade activities, by declaring false information about goods and (or) vehicles, as well as by submitting invalid documents, if such information and documents could serve as a basis for placing goods and (or) vehicles under the specified customs regime, -

shall entail the imposition of an administrative fine on citizens in the amount of from fifteen to twenty-five times the minimum wage with or without confiscation of goods and (or) vehicles that are the subjects of an administrative offense, or confiscation of the subjects of an administrative offense; on officials - from fifty to two hundred times the minimum wage; on legal entities - from one thousand to five thousand times the minimum wage with or without confiscation of goods and (or) vehicles that were the subjects of an administrative offense, or confiscation of the subjects of an administrative offense.

2. The use or disposal of goods and (or) vehicles in violation of the customs regime under which they are placed, including the transfer of the right to use the customs regime by transferring the rights of possession, use or disposal in respect of goods and (or) vehicles, if this is allowed in accordance with the customs regime, to another person without the permission or written notification of the customs authority, -

shall entail the imposition of an administrative fine on citizens in the amount of from fifteen to twenty-five times the minimum wage with or without confiscation of goods and (or) vehicles that are the subjects of an administrative offense, or confiscation of the subjects of an administrative offense; on officials - from one hundred to two hundred times the minimum wage; on legal entities - from one to two times the value of goods and (or) vehicles that were the subjects of an administrative offense, with or without their confiscation or confiscation of the subjects of an administrative offense.

3. Non-completion of the customs regime in respect of which the requirement to complete it has been established within the established time limits, -

shall entail the imposition of an administrative fine on citizens in the amount of from ten to twenty times the minimum wage; on officials - from one hundred to two hundred times the minimum wage; on legal entities - from one second to one times the value of goods and (or) vehicles that were the subjects of an administrative offense, with or without their confiscation or confiscation of the subjects of an administrative offense.

4. Non-fulfilment, in the course of foreign trade barter transactions, of the requirements of the export customs regime on the mandatory import into the customs territory of the Russian Federation of goods, works, services or exclusive rights to intellectual property items equivalent in value to the exported goods, or on crediting funds to accounts in authorized banks, if foreign trade barter transactions provide for the partial use of monetary and (or) other means of payment, as well as non-confirmation of the fact of fulfillment of such an obligation -

shall entail the imposition of an administrative fine on officials in the amount of from one hundred to two hundred times the minimum wage; on legal entities - from one second to one times the cost of goods that were the subjects of an administrative offense.

Article 16.20. Illegal use or disposal of conditionally released goods or illegal use of seized goods

1. The use, transfer for use or possession or disposal by other means of conditionally released goods, in respect of which benefits have been granted for the payment of customs duties and taxes in accordance with the legislation of the Russian Federation, or goods released without providing information and documents confirming compliance with restrictions, established in accordance with the legislation of the Russian Federation on the state regulation of foreign trade activities, in violation of the established prohibitions and (or) restrictions -

shall entail the imposition of an administrative fine on citizens in the amount of from fifteen to twenty five times the minimum wage; on officials - from one hundred to two hundred times the minimum wage; on legal entities - from one to two times the value of goods and (or) vehicles that were the subjects of an administrative offense, with or without their confiscation or confiscation of the subjects of an administrative offense.

2. Use of goods, which have been seized during customs control, without the permission of a customs body -

shall entail the imposition of an administrative fine on officials in the amount of from fifty to one hundred times the minimum wage; for legal entities - from one hundred to three hundred times the minimum wage.

Article 16.21. Illegal acquisition, use, storage or transportation of goods and (or) vehicles

Acquisition, use, storage or transportation of goods and (or) vehicles that are illegally moved across the customs border of the Russian Federation and in respect of which customs duties, taxes have not been paid or prohibitions and (or) restrictions established in accordance with the legislation of the Russian Federation have not been observed on state regulation of foreign trade activities, or conditionally released goods and (or) vehicles, use, transfer for use or possession or disposal in other ways that are allowed in violation of established prohibitions and (or) restrictions, -

shall entail the imposition of an administrative fine on officials in the amount of from one hundred to two hundred times the minimum wage; on legal entities - from one second to two times the value of goods and (or) vehicles that were the subject of an administrative offense, with or without their confiscation or confiscation of the subjects of an administrative offense.

Article 16.22. Violation of the terms of payment of customs duties

Violation of the terms for payment of customs duties and taxes payable in connection with the movement of goods and (or) transport vehicles across the customs border of the Russian Federation -

shall entail the imposition of an administrative fine on citizens in the amount of from five to twenty five times the minimum wage; on officials - from fifty to one hundred times the minimum wage; for legal entities - from five hundred to three thousand times the minimum wage.

Article 16.23. Illegal implementation of activities in the field of customs

1. Performance of customs operations on behalf of the declarant or other interested parties by a person not included in the Register of customs brokers (representatives), or included in the said Register on the basis of invalid documents, or excluded from it, except for cases where the obligation to perform customs operations arose before the exclusion of a customs broker (representative) from the said Register, or if the customs legislation of the Russian Federation grants the right to perform customs operations without the requirement to include a person in the Register of customs brokers (representatives), -

shall entail the imposition of an administrative fine on citizens in the amount of from fifteen to twenty five times the minimum wage.

Official text:

Article 16.21. Illegal use of goods, their acquisition, storage or transportation

The use of goods that are illegally moved across the customs border of the Eurasian Economic Union and in respect of which customs duties, taxes have not been paid or the prohibitions and restrictions established by international treaties of the member states of the Eurasian Economic Union, decisions of the Eurasian Economic Commission, regulatory legal acts of the Russian Federation have not been observed, or goods released, including conditionally, in accordance with the customs procedure, the use of which, the transfer of possession or use or disposal of which by other means is allowed in violation of established prohibitions and (or) restrictions, as well as the acquisition, storage or transportation of such goods - entails the imposition of an administrative fine on officials in the amount of ten thousand to twenty thousand roubles; on legal entities - from one second to two times the value of the goods that were the subjects of an administrative offense, with or without their confiscation or confiscation of the subjects of an administrative offense.

Lawyer's comment:

The establishment of liability under this article is connected with the need for legal protection of relations on the introduction of goods and vehicles imported into the customs territory of the Russian Federation into free circulation. The status of goods released for free circulation implies the removal of any restrictions on the use and disposal of these goods. Goods acquire such a status only after all the requirements of the customs legislation have been met in respect of them (customs duties and taxes have been paid, all restrictions established in accordance with the legislation of the Russian Federation on state regulation of foreign trade activities have been observed).

The acquisition of such a status by goods is possible when they are placed under the customs regime of release for domestic consumption (Article 164 Customs Code), re-import of goods (Article 234 of the Customs Code), refusal in favor of the state (Article 250 of the Customs Code), as well as in some other cases expressly provided for by the Customs Code. According to Article 15 of the Customs Code, no one has the right to use and dispose of goods and vehicles before they are released, except in the manner and under the conditions provided for by the Customs Code; after the release of goods and vehicles, their use and disposal is carried out in accordance with the declared customs regime.

The objective side of the offense under consideration includes the following groups of illegal acts:

1) the acquisition, use, storage, transportation of goods illegally moved across the customs border of the Russian Federation, if this entailed non-payment of customs duties, taxes or non-compliance with prohibitions and restrictions established in accordance with the legislation of the Russian Federation on state regulation of foreign trade activities. Taking into account the definition contained in Article 11 of the Customs Code of the illegal movement of goods and vehicles across the customs border, the commission of the actions listed in the disposition of Article 16.21 is preceded by the commission of violations of customs rules in relation to the same goods that resulted in non-payment of customs duties, taxes or non-compliance with the prohibitions and restrictions established in in accordance with the legislation of the Russian Federation on state regulation of foreign trade activities.

These include, for example, offenses under Articles 16.1, 16.2, 16.3, 16.9, 16.17 of the Code of Administrative Offenses. However, this does not mean that bringing a person to responsibility under Article 16.21 of the Code of Administrative Offenses is possible only after bringing another person to responsibility under these articles. In order to qualify acts under Article 16.21, in addition to establishing the commission by a person held liable of a specific action specified in the disposition of the article, it is sufficient to establish the fact of importation into the customs territory of the Russian Federation of goods and vehicles in violation of customs rules that resulted in non-payment of customs duties, taxes or non-compliance with prohibitions and restrictions. At the same time, if such a fact is not proven, but only assumed, there are no sufficient grounds for initiating a case on an administrative offense under Article 16.21. It should be noted that this article from 01.10.2004 does not establish liability for the disposal of goods and assistance in the sale of goods and vehicles illegally moved across the customs border, as well as for the acquisition, storage, transportation of goods, use, disposal of goods, assistance in the sale of goods and vehicles for which customs clearance not completed;

2) acquisition, use, storage or transportation of conditionally released goods and (or) vehicles, use, transfer for use or possession or disposal in other ways that are allowed in violation of established prohibitions and (or) restrictions. In accordance with Article 151 of the Customs Code, goods are considered to be conditionally released:

In respect of which, in accordance with the legislation of the Russian Federation, privileges on customs payments are granted;

Placed under the customs regimes of customs warehouse, duty-free trade, processing in the customs territory, processing for domestic consumption, temporary importation, re-export, international customs transit, destruction and special customs regimes applicable to those imported into the customs territory of the Russian Federation;

Issued without submission of documents and information confirming compliance with the restrictions established in accordance with the legislation of the Russian Federation on state regulation of foreign trade activities.

With regard to such goods, in accordance with this article and other articles of the Customs Code, which provide for the content of the listed customs regimes, restrictions on use and disposal are established. Responsibility for violation of these restrictions is provided for in Articles 16.19 and 16.20 of the Code of Administrative Offenses, and Article 16.21 establishes the liability of third parties for the acquisition, use, storage or transportation of conditionally released goods, in respect of which the offenses provided for by the indicated articles of the Code of Administrative Offenses of the Russian Federation have already been committed. For example, if the fact of alienation of goods placed under the customs regime of temporary importation is revealed, the person who disposed of the goods should be liable under paragraph 2 of Article 16.19 of the Code of Administrative Offenses, and the person who purchased this goods, under Article 16.21. It should be emphasized that the subjects of liability under this article are legal entities and officials, as well as persons carrying out entrepreneurial activity without forming a legal entity.

Individuals (citizens) are not subject to liability under this article.

Do you think you are Russian? Born in the USSR and think that you are Russian, Ukrainian, Belarusian? No. This is not true.

You are actually Russian, Ukrainian or Belarusian. But you think you are a Jew.

Game? Wrong word. The correct word is "imprinting".

A newborn associates himself with those facial features that he observes immediately after birth. This natural mechanism is characteristic of most living beings with vision.

Newborns in the USSR for the first few days saw their mother for a minimum of feeding time, and most of the time they saw the faces of the maternity hospital staff. By a strange coincidence, they were (and still are) mostly Jewish. Reception is wild in its essence and effectiveness.

All your childhood you wondered why you live surrounded by non-native people. Rare Jews on your path could do anything with you, because you were drawn to them, while others were repelled. Yes, even now they can.

You cannot fix this - imprinting is one-time and for life. It is difficult to understand, the instinct took shape when you were still very far from being able to formulate. From that moment, no words or details have been preserved. Only facial features remained in the depths of memory. Those traits that you consider your family.

3 comments

System and Observer

Let us define a system as an object whose existence is not in doubt.

An observer of a system is an object that is not a part of the system it observes, that is, it determines its existence, including through factors independent of the system.

From the point of view of the system, the observer is a source of chaos - both control actions and the consequences of observational measurements that do not have a causal relationship with the system.

An internal observer is a potentially achievable object for the system in relation to which the inversion of the observation and control channels is possible.

An external observer is even an object potentially unattainable for the system, located beyond the event horizon of the system (spatial and temporal).

Hypothesis #1. All-seeing eye

Let's assume that our universe is a system and it has an external observer. Then observational measurements can take place, for example, with the help of "gravitational radiation" penetrating the universe from all sides from the outside. The capture cross section of "gravitational radiation" is proportional to the mass of the object, and the projection of the "shadow" from this capture onto another object is perceived as an attractive force. It will be proportional to the product of the masses of objects and inversely proportional to the distance between them, which determines the density of the "shadow".

The capture of "gravitational radiation" by an object increases its randomness and is perceived by us as a passage of time. An object that is opaque to "gravitational radiation", the capture cross section of which is larger than the geometric size, looks like a black hole inside the universe.

Hypothesis #2. Internal Observer

It is possible that our universe is watching itself. For example, using pairs of quantum entangled particles spaced apart in space as standards. Then the space between them is saturated with the probability of the existence of the process that generated these particles, which reaches its maximum density at the intersection of the trajectories of these particles. The existence of these particles also means the absence of a sufficiently large capture cross section on the trajectories of objects capable of absorbing these particles. The remaining assumptions remain the same as for the first hypothesis, except:

Time flow

External observation of an object approaching the event horizon of a black hole, if the “outside observer” is the determining factor of time in the universe, will slow down exactly twice - the shadow from the black hole will block exactly half of the possible trajectories of “gravitational radiation”. If the determining factor is the "internal observer", then the shadow will block the entire trajectory of interaction and the flow of time for an object falling into a black hole will completely stop for a view from the outside.

Also, the possibility of combining these hypotheses in one proportion or another is not excluded.

1. Does the fine koap 16.1 h 3 fall under the 50% discount

1.1. Hello Ali.

No you can not. This exemption is only granted for certain security offenses. traffic(Part 1.3. Article 32.2 of the Code of Administrative Offenses of the Russian Federation).
"Code of the Russian Federation on Administrative Offenses" dated December 30, 2001 N 195-FZ (as amended on December 27, 2019) (as amended and supplemented, entered into force on February 1, 2020)
Code of Administrative Offenses of the Russian Federation Article 32.2. Execution of the decision to impose an administrative fine
1.3. When paying an administrative fine by a person brought to administrative responsibility for committing an administrative offense under Chapter 12 of this Code, with the exception of administrative offenses under Part 1.1 of Article 12.1, Article 12.8, Parts 6 and 7 of Article 12.9, Part 3 of Article 12.12, Part 5 of Article 12.15, part 3.1 of article 12.16, articles 12.24, 12.26, part 3 of article 12.27 of this Code, not later than twenty days from the date of issuance of the decision to impose an administrative fine, an administrative fine may be paid in the amount of half the amount of the imposed administrative fine. If a copy of the decision on the imposition of an administrative fine, sent to the person brought to administrative responsibility, by registered mail by mail, came to his address after the expiration of twenty days from the date of issuance of such a decision, the specified period is subject to restoration by a judge, body, official that issued such a decision, at the request of the person brought to administrative responsibility. The ruling on the rejection of the said petition may be appealed in accordance with the rules established by Chapter 30 of this Code. If the execution of the decision on the imposition of an administrative fine was delayed or spread over time by the judge, body, official who issued the decision, the administrative fine shall be paid in full.