FEDERAL LAW OF THE RUSSIAN FEDERATION

of December 28, 2017 No. 437-FZ

About introduction of amendments to the Russian Federation Code of Administrative Offences

Accepted by the State Duma on December 20, 2017

Approved by the Federation Council on December 26, 2017

Article 1

Bring in the Russian Federation Code of Administrative Offences (The Russian Federation Code, 2002, No. 1, Art. 1; No. 30, Art. 3029; No. 44, Art. 4295; 2003, No. 27, Art. 2700, 2708, 2717; No. 46, Art. 4434; No. 50, Art. 4847; 2004, No. 31, Art. 3229; No. 34, Art. 3529, 3533; No. 44, Art. 4266; 2005, No. 1, Art. 13, 40, 45; No. 13, Art. 1075, 1077; No. 19, Art. 1752; No. 27, Art. 2719, 2721; No. 30, Art. 3104, 3131; No. 50, Art. 5247; No. 52, Art. 5574; 2006, No. 1, Art. 4, 10; No. 2, Art. 172; No. 6, Art. 636; No. 17, Art. 1776; No. 18, Art. 1907; No. 19, Art. 2066; No. 31, Art. 3438; No. 45, Art. 4641; No. 50, Art. 5281; No. 52, Art. 5498; 2007, No. 16, Art. 1825; No. 26, Art. 3089; No. 30, Art. 3755; No. 31, Art. 4007, 4008, 4015; No. 41, Art. 4845; No. 46, Art. 5553; 2008, No. 20, Art. 2251, 2259; No. 30, Art. 3604; No. 49, Art. 5745; No. 52, Art. 6235, 6236; 2009, No. 7, Art. 777; No. 23, Art. 2759; No. 26, Art. 3120; No. 29, Art. 3597, 3642; No. 30, Art. 3739; No. 48, Art. 5711, 5724; No. 52, Art. 6412; 2010, No. 1, Art. 1; No. 19, Art. 2291; No. 21, Art. 2525; No. 23, Art. 2790; No. 27, Art. 3416; No. 30, Art. 4002, 4006, 4007; No. 31, Art. 4158, 4164, 4193, 4206, 4207, 4208; No. 41, Art. 5192; 2011, No. 1, Art. 10, 23; No. 15, Art. 2039; No. 17, Art. 2310; No. 19, Art. 2714, 2715; No. 23, Art. 3260; No. 27, Art. 3873; No. 29, Art. 4290; No. 30, Art. 4585, 4590, 4598, 4600, 4601, 4605; No. 46, Art. 6406; No. 47, Art. 6602; No. 48, Art. 6728; No. 49, Art. 7025, 7061; No. 50, Art. 7342, 7345, 7346, 7351, 7355, 7362, 7366; 2012, No. 6, Art. 621; No. 10, Art. 1166; No. 24, Art. 3069, 3082; No. 29, Art. 3996; No. 31, Art. 4320, 4322, 4330; No. 47, Art. 6402, 6403, 6404, 6405; No. 49, Art. 6757; No. 53, Art. 7577, 7602; 2013, No. 14, Art. 1666; No. 19, Art. 2323, 2325; No. 26, Art. 3207, 3208, 3209; No. 27, Art. 3454, 3469, 3470, 3477; No. 30, Art. 4025, 4029, 4030, 4031, 4032, 4034, 4036, 4040, 4044, 4082; No. 31, Art. 4191; No. 43, Art. 5444, 5445, 5452; No. 44, Art. 5624, 5643; No. 48, Art. 6158, 6161, 6163, 6165; No. 49, Art. 6327, 6343; No. 51, Art. 6683, 6685, 6695, 6696; No. 52, Art. 6961, 6980, 6986, 6994, 7002; 2014, No. 6, Art. 557, 566; No. 11, Art. 1096; No. 14, Art. 1562; No. 19, Art. 2302, 2306, 2310, 2317, 2324, 2326, 2327, 2330, 2335; No. 26, Art. 3366, 3379; No. 30, Art. 4211, 4214, 4218, 4228, 4256, 4259, 4264; No. 42, Art. 5615; No. 43, Art. 5799; No. 48, Art. 6636, 6638, 6643, 6651; No. 52, Art. 7548, 7549, 7550, 7557; 2015, No. 1, Art. 29, 35, 67, 74, 83, 85; No. 10, Art. 1405, 1416; No. 13, Art. 1811; No. 21, Art. 2981; No. 27, Art. 3945, 3950; No. 29, Art. 4354, 4362, 4374, 4376, 4391; No. 41, Art. 5629; No. 44, Art. 6046; No. 45, Art. 6205, 6208; No. 48, Art. 6706, 6710, 6716; No. 51, Art. 7249, 7250; 2016, No. 1, Art. 11, 59, 63, 79, 84; No. 10, Art. 1323; No. 11, Art. 1481, 1490, 1491; No. 18, Art. 2514; No. 23, Art. 3285; No. 26, Art. 3871, 3876, 3877, 3884, 3887, 3891; No. 27, Art. 4160, 4164, 4183, 4197, 4205, 4206, 4223, 4238, 4251, 4259, 4286, 4291, 4305; No. 28, Art. 4558; No. 50, Art. 6975; 2017, No. 1, Art. 12, 31; No. 7, Art. 1032; No. 9, Art. 1278; No. 11, Art. 1535; No. 17, Art. 2456, 2457; No. 18, Art. 2664; No. 22, Art. 3069; No. 23, Art. 3227; No. 24, Art. 3487; No. 30, Art. 4455; No. 31, Art. 4738, 4758, 4812, 4814, 4815, 4816, 4827, 4828; No. 47, Art. 6844, 6851) following changes:

1) in paragraph one of part 1 of Article 3.5 of the word "part 1 of Article 13.19." To exclude 2,;

In paragraph one of Article 9.15 of the word of "terms of publication of information" shall be replaced with words 2) "terms of publication of information or provision of obviously false information", after the words "and also" to add with the word "violation";

3) in Article 13.19.1:

a) in part 1:

in paragraph one after the words "utilities" to add with the words "except for persons performing deliveries of the resources necessary for provision of the utilities providing utilities and (or) performing activities for management of apartment houses", "obviously distorted" to replace words with the word "doubtful";

state paragraph two in the following edition:

"attracts the prevention or imposing of administrative penalty on officials at the rate from five thousand to ten thousand rubles; on legal entities - from thirty thousand to fifty thousand rubles.";

b) in part 2:

word in paragraph one "the organization of federal mail service public, authorized on creation, operation and upgrade of the state information system of housing and communal services," shall be replaced with words "the operator of the state information system of housing and communal services", "system of housing and communal services" shall be replaced with words words "system of housing and communal services (except as specified rejection of the state information system of housing and communal services of the measures by the operator necessary for maintenance of the state information system of housing and communal services in accordance with the legislation of the Russian Federation), or unreasonable refusal of the operator of the state information system of housing and communal services in provision of access rights to the operator of information system to the state information system of housing and communal services, either violation of procedure for provision of such rights, or non-stationing of information which is subject to obligatory placement in the state information system of housing and communal services by it or violation of terms of placement of this information";

in the paragraph the second shall be replaced with words the word of "two hundred" "from ten thousand to twenty";

c) add with part 2.1 following of content:

"2.1. Rejection of the state information system of housing and communal services of the measures by the operator necessary for maintenance of the state information system of housing and communal services in accordance with the legislation of the Russian Federation, -

attracts imposing of administrative penalty at the rate from hundred fifty thousand to two hundred thousand rubles.";

d) in part 3:

in paragraph one of the word "or organization" shall be replaced with words "or the organizations";

state paragraph two in the following edition:

"attracts the prevention or imposing of administrative penalty on officials at the rate from five thousand to ten thousand rubles.";

e) to state paragraph two of part 4 in the following edition:

"attracts imposing of administrative penalty at the rate from fifteen thousand to twenty thousand rubles.";

e) add with notes of the following content:

"Notes:

1. Bear the administrative responsibility for the administrative offenses provided by this Article, the faces performing business activity without formation of legal entity as legal entities.

2. The administrative responsibility provided by this Article and Article 13.19.2 of this Code is not applied to officials of the organizations, public authorities and local government bodies, the organizations which delegated powers on placement of information in the state information system of housing and communal services in accordance with the legislation of the Russian Federation to other persons.

3. In case of violation of procedure for placement of information in the state information system of housing and communal services, non-stationing of information, placement of information not in full or placements of unreliable information in the state information system of housing and communal services the administrative responsibility provided by parts 1 and 4 of this Article and Article 13.19.2 of this Code comes for making of the specified actions concerning all types of information in total which are subject to placement concerning consumers of goods (services) of such person in the territory of appropriate subject of the Russian Federation in time, established by the legislation of the Russian Federation on the state information system of housing and communal services.";

4) in Article 13.19.2:

a) state the name in the following edition:

"Article 13.19.2. Non-stationing of information, placement of information not in full or placement of unreliable information in the state information system of housing and communal services";

b) state part 1 in the following edition:

"1. Non-stationing of information in accordance with the legislation of the Russian Federation in the state information system of housing and communal services or violation by the established legislation of the Russian Federation of procedure, methods and (or) terms of placement of information, or placement of information not in full, or placement of unreliable information by person who is the administrator of general meeting -

attracts the prevention or imposing of administrative penalty on physical persons at the rate from three thousand to five thousand rubles; on officials - from five thousand to ten thousand rubles.";

c) state part 2 in the following edition:

"2. Non-stationing of information in accordance with the legislation of the Russian Federation in the state information system of housing and communal services or violation by the established legislation of the Russian Federation of procedure, methods and (or) terms of placement of information, or placement of information not in full, or placement of unreliable information by the local government bodies, the persons performing deliveries of the resources necessary for provision of utilities, providing utilities and (or) performing activities for management of apartment houses, other organizations which shall place according to regulatory legal acts of the Russian Federation information in the state information system of housing and communal services -

attracts the prevention or imposing of administrative penalty on officials at the rate from five thousand to ten thousand rubles.";

d) add with part 3 following of content:

"3. Making of the administrative offense provided by parts 1 and 2 of this Article, the official who is earlier subjected to administrative punishment for similar administrative offense -

attracts imposing of administrative penalty at the rate from fifteen thousand to twenty thousand rubles.";

5) in paragraph one of part 2 of Article 14.1.3 of the word of "licensed requirements" shall be replaced with words "licensed requirements, except as specified, stipulated in Article 13.19.2 of this Code,";

6) in Article 19.5:

a) part in paragraph one 24 words of "licensed requirements" shall be replaced with words "the licensed requirements, except as specified, provided by part 24.1 of this Article";

b) add with part 24.1 following of content:

"24.1. Failure to carry out or inadequate accomplishment at the scheduled time of the legal instruction of the body exercising regional state housing supervision about elimination of violations of the law of the Russian Federation about the state information system of housing and communal services -

attracts imposing of administrative penalty on officials at the rate from five thousand to ten thousand rubles.";

7) in Article 19.8.1:

a) in the name of the word "and (or) organizations of utility complex" shall be replaced with words ", and (or) operators according to the address with solid utility waste, regional operators according to the address with solid utility waste, and (or) the heatsupplying organizations, and also officials of federal executive body in the field of state regulation of rates, officials of executive bodies of subjects of the Russian Federation in the field of state regulation of the prices (rates) or officials of the local government bodies performing price regulation (rates)";

b) the paragraph one of part 1 to state in the following edition:

"1. Failure to provide data or provision of obviously false data on the activities, neopublishing of data or publication of obviously false data on the activities by subjects of natural monopolies, and (or) operators according to the address with solid utility waste, regional operators according to the address with solid utility waste, and (or) the heatsupplying organizations, and also officials of federal executive body in the field of state regulation of rates, officials of executive bodies of subjects of the Russian Federation in the field of state regulation of the prices (rates) or officials of the local government bodies performing price regulation (rates) if publication and (or) provision of such data are obligatory in accordance with the legislation of the Russian Federation, or violation of procedure, method or terms, which are established by standards of disclosure of information, both forms of its provision by officials of the specified bodies and the organizations, except as specified, provided by Articles 9. 15, 13.19.1 and 13.19.2 of this Code, -";

8) part 1 of Article 23.1 after words "Article 19.7." To add 12, with words "part 1 (regarding the administrative offenses made by officials of federal executive body in the field of state regulation of rates),";

9) part 1 of Article 23.48 after words "Article 19.8 (within the powers)," to add with words "part 1 of Article 19.8.1 (regarding the administrative offenses made by officials of executive bodies of subjects of the Russian Federation in the field of state regulation of the prices (rates) or officials of the local government bodies performing price regulation (rates)";

Part 1 of Article 23.51 after words "part 1 of Article 19.8.1" to add 10) with words "(regarding the administrative offenses made by subjects of natural monopolies, and (or) operators according to the address with solid utility waste, regional operators according to the address with solid utility waste, and (or) the heatsupplying organizations)";

11) regarding 1 Article 28.4 of the word "Articles 19.6." Shall be replaced with words 1, "Article 19.6. 1, Article 19.8.1 (regarding the administrative offenses made by officials of federal executive body in the field of state regulation of rates), Articles".

Article 2

1. This Federal Law becomes effective since January 1, 2018.

2. Provisions of parts 1 and 4 of article 13.19.1 of the Russian Federation Code of Administrative Offences (in edition of this Federal Law) concerning persons performing activities in the territories of subjects of the Russian Federation - the federal cities of Moscow, St. Petersburg, Sevastopol (the official of executive body of the subject of the Russian Federation, including the official of executive body of the subject of the Russian Federation in the field of state regulation of the prices (rates), and also the official of body of the state housing supervision, the official of body of municipal housing control, the official of specialized non-profit organization which performs the activities aimed at providing carrying out capital repairs of common property in apartment houses, other organization through which introduction of payment for premises and utilities is made), are applied since July 1, 2019.

3. Provisions of article 13.19.2 of the Russian Federation Code of Administrative Offences (in edition of this Federal Law) concerning persons performing activities in the territories of subjects of the Russian Federation - the federal cities of Moscow, St. Petersburg, Sevastopol, are applied since July 1, 2019.

 

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