FEDERAL LAW OF THE RUSSIAN FEDERATION

of December 29, 2017 No. 446-FZ

About introduction of amendments to the Russian Federation Code of Administrative Offences regarding responsibility for making of offenses in the field of release and the address of fuel in the market

Accepted by the State Duma on December 21, 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, 4855; 2004, No. 31, Art. 3229; No. 34, Art. 3529, 3533; No. 44, Art. 4266; 2005, No. 1, Art. 9, 13, 37, 40, 45; No. 10, Art. 763; No. 13, Art. 1075, 1077; No. 19, Art. 1752; No. 27, Art. 2719, 2721; No. 30, Art. 3104, 3124, 3131; No. 50, Art. 5247; No. 52, Art. 5574; 2006, No. 1, Art. 4, 10; No. 2, Art. 172; No. 6, Art. 636; No. 10, Art. 1067; No. 12, Art. 1234; No. 17, Art. 1776; No. 18, Art. 1907; No. 19, Art. 2066; No. 23, Art. 2380; No. 31, Art. 3420, 3433, 3438, 3452; No. 45, Art. 4641; No. 50, Art. 5279, 5281; No. 52, Art. 5498; 2007, No. 1, Art. 21, 29; No. 16, Art. 1825; No. 26, Art. 3089; No. 30, Art. 3755; No. 31, Art. 4007, 4008; No. 41, Art. 4845; No. 43, Art. 5084; No. 46, Art. 5553; 2008, No. 18, Art. 1941; 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, 2776; No. 26, Art. 3120, 3122; No. 29, Art. 3597, 3599, 3642; No. 30, Art. 3739; No. 48, Art. 5711, 5724, 5755; No. 52, Art. 6412; 2010, No. 1, Art. 1; No. 19, Art. 2291; No. 21, Art. 2525, 2530; No. 23, Art. 2790; No. 25, Art. 3070; No. 27, Art. 3416; No. 30, Art. 4002, 4006, 4007; No. 31, Art. 4158, 4164, 4193, 4195, 4206, 4207, 4208; No. 32, Art. 4298; No. 41, Art. 5192; No. 49, Art. 6409; No. 52, Art. 6984; 2011, No. 1, Art. 10, 23, 54; No. 7, Art. 901; No. 15, Art. 2039; No. 17, Art. 2310; No. 19, Art. 2714, 2715; No. 23, Art. 3260; No. 27, Art. 3873, 3881; No. 29, Art. 4290, 4298; No. 30, Art. 4573, 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, 7352, 7355, 7362, 7366; 2012, No. 6, Art. 621; No. 10, Art. 1166; No. 18, Art. 2126, 2128; No. 19, Art. 2278, 2281; No. 24, Art. 3069, 3082; No. 25, Art. 3268; No. 29, Art. 3996; No. 31, Art. 4320, 4330; No. 47, Art. 6402, 6403, 6404, 6405; No. 49, Art. 6757; No. 53, Art. 7577, 7602, 7640; 2013, No. 14, Art. 1651, 1666; No. 19, Art. 2323, 2325; No. 23, Art. 2871; No. 26, Art. 3207, 3208, 3209; No. 27, Art. 3454, 3469, 3470, 3477; No. 30, Art. 4025, 4027, 4029, 4030, 4031, 4032, 4033, 4034, 4036, 4040, 4044, 4078, 4082; No. 31, Art. 4191; No. 43, Art. 5443, 5444, 5445, 5452; No. 44, Art. 5624, 5643; No. 48, Art. 6161, 6163, 6165; No. 49, Art. 6327, 6341, 6343; No. 51, Art. 6683, 6685, 6695, 6696; No. 52, Art. 6961, 6980, 6981, 6986, 6994, 7002; 2014, No. 6, Art. 557, 559, 566; No. 11, Art. 1092, 1096; No. 14, Art. 1562; No. 19, Art. 2302, 2306, 2310, 2317, 2324, 2325, 2326, 2327, 2330, 2335; No. 26, Art. 3366, 3379; No. 30, Art. 4211, 4214, 4218, 4228, 4233, 4248, 4256, 4259, 4264, 4278; No. 42, Art. 5615; No. 43, Art. 5799; No. 48, Art. 6636, 6638, 6642, 6643, 6651; No. 52, Art. 7541, 7548, 7550, 7557; 2015, No. 1, Art. 29, 35, 37, 67, 74, 83, 85; No. 10, Art. 1405, 1416; No. 13, Art. 1811; No. 18, Art. 2614, 2620; No. 21, Art. 2981; No. 24, Art. 3367, 3370; No. 27, Art. 3945, 3950, 3966; No. 29, Art. 4346, 4354, 4359, 4362, 4374, 4376, 4391; No. 41, Art. 5629, 5637; 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, 28, 59, 63, 76, 84; No. 10, Art. 1323; No. 11, Art. 1481, 1490, 1491, 1493; No. 15, Art. 2066; No. 18, Art. 2509, 2514, 2515; No. 23, Art. 3285; No. 26, Art. 3871, 3876, 3877, 3884, 3887, 3891; No. 27, Art. 4160, 4164, 4183, 4194, 4197, 4205, 4206, 4223, 4238, 4251, 4259, 4286, 4291, 4305; No. 28, Art. 4558; No. 50, Art. 6975; No. 52, Art. 7489; 2017, No. 1, Art. 12, 31, 47; No. 7, Art. 1030, 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. 27, Art. 3947; No. 30, Art. 4455; No. 31, Art. 4738, 4755, 4812, 4814, 4815, 4816, 4827, 4828; No. 47, Art. 6844, 6851; No. 49, Art. 7308; No. 50, Art. 7556, 7562; Official Internet portal of legal information (www.pravo.ru), on December 20, 2017, No. 0001201712200034, No. 0001201712200040) following changes:

1) in Article 3.5:

a) add part 1 with Item 3.2 of the following content:

"3. 2) to the amount of revenue of the offender from realization of fuel for the calendar year preceding year in which the administrative offense was revealed or for the part of calendar year preceding date of identification of administrative offense in which the administrative offense was revealed if the offender did not perform fuel sales activity in prior calendar year;";

b) add with part 4.5 following of content:

"4.5. The size of the administrative penalty estimated proceeding from the amount of revenue of the offender from fuel realization cannot exceed 3 percent of the amount of proceeds from sales of fuel for the calendar year preceding year in which the administrative offense was revealed or for the part of calendar year preceding date of identification of administrative offense in which the administrative offense was revealed if the offender did not perform fuel sales activity in prior calendar year.";

Paragraph one of part 1 of Article 14.43 after figures "14.37," to add 2) with figures "14.43. 1,";

To add 3) with Article 14.43.1 of the following content:

"Article 14.43.1. Violation by the manufacturer, contractor (person performing functions of the foreign manufacturer) or the seller of requirements of the technical regulation about requirements to automobile and aviation gasoline, diesel and ship fuel, fuel for jet engines and to fuel oil

1. Violation by the manufacturer, contractor (person performing functions of the foreign manufacturer) or the seller of requirements of the technical regulation about requirements to automobile and aviation gasoline, diesel and ship fuel, fuel for jet engines and to fuel oil, except for the case provided by part 2 of this Article -

attracts imposing of administrative penalty on legal entities at the rate from hundred thousand to three hundred thousand rubles.

2. Violation by the manufacturer, contractor (person performing functions of the foreign manufacturer) or the seller of requirements of the technical regulation about requirements to automobile and aviation gasoline, diesel and ship fuel, fuel for jet engines and to fuel oil regarding discrepancy to these requirements of characteristics of automobile and aviation gasoline, diesel and ship fuel, fuel for jet engines and fuel oil -

attracts imposing of administrative penalty on legal entities in the amount of 1 percent of the amount of proceeds from sales of fuel for the calendar year preceding year in which the administrative offense was revealed or for the part of calendar year preceding date of identification of administrative offense in which the administrative offense was revealed if the offender did not perform fuel sales activity in prior calendar year, but at least five hundred thousand rubles with confiscation of objects of administrative offense or without that.

3. Making of the administrative offense provided by part 2 of this Article, person which is earlier subjected to administrative punishment for similar administrative offense -

attracts imposing of administrative penalty on legal entities in the amount of 3 percent of the amount of proceeds from sales of fuel for the calendar year preceding year in which the administrative offense was revealed or for the part of calendar year preceding date of identification of administrative offense in which the administrative offense was revealed if the offender did not perform fuel sales activity in prior calendar year, but at least two million rubles with confiscation of objects of administrative offense or administrative suspension of operations for a period of up to ninety days with confiscation of objects of administrative offense.

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. In part 2 of this Article it is necessary to understand indicators (requirements) determined by Items 4.1 as characteristics of automobile and aviation gasoline, diesel and ship fuel, fuel for jet engines and fuel oil - 4.12 Articles 4 of the technical regulation of the Customs union "About requirements to automobile and aviation gasoline, diesel and ship fuel, fuel for jet engines and to fuel oil" and appendices 2 - 7 to it.

3. For calculation of the size of the administrative penalty provided by the sanction of part 2 or 3 of this Article the amount of revenue of the offender received from realization of the fuel which is object of technical regulation of the technical regulation of the Customs union "About requirements to automobile and aviation gasoline, diesel and ship fuel, fuel for jet engines and to fuel oil" on specific object, on which established fact of administrative offense is used.";

4) in Article 23.1:

a) part 1 after words "part 3 of Article 14." To add 43, with words "part 3 of Article 14.43. 1,";

b) part 2 after words "parts 1 and 2 of Article 14." To add 43, with words "parts 1 and 2 of Article 14.43. 1,";

5) part 1 of Article 23.36 after words "parts 1 and 2 of Article 14." To add 43, with words "parts 1 and 2 of Article 14.43. 1,";

6) part 1 of Article 23.52 after words "parts 1 and 2 of Article 14." To add 43, with words "parts 1 and 2 of Article 14.43. 1,";

7) regarding the 2nd Article 28.3:

a) Item 44 after words "part 3 of Article 14." To add 43, with words "part 3 of Article 14.43. 1,";

b) Item 66 after words "part 3 of Article 14." To add 43, with words "part 3 of Article 14.43. 1,".

Article 2

This Federal Law becomes effective after thirty days after day of its official publication.

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