LAW OF THE REPUBLIC OF BELARUS

of July 17, 2018 No. 129-Z

About modification and amendments in the Code of the Republic of Belarus about administrative offenses and the Procedural and executive code of the Republic of Belarus about administrative offenses

Accepted by the House of Representatives on June 14, 2018

Approved by Council of the Republic on June 28, 2018

Article 1. Bring in the Code of the Republic of Belarus about administrative offenses of April 21, 2003 (The national register of legal acts of the Republic of Belarus, 2003, No. 63, 2/946; No. 87, 2/980; 2004, No. 107, 2/1048; 2005, No. 74, 2/1112; No. 120, 2/1128; 2006, No. 78, 2/1207, 2/1212; No. 106, 2/1234; No. 111, 2/1242; 2007, No. 4, 2/1296; No. 132, 2/1330; No. 160, 2/1343; No. 263, 2/1376; No. 305, 2/1397, 2/1401; 2010, No. 16, 2/1651; 2011, No. 127, 2/1861; National legal Internet portal of the Republic of Belarus, 27.07.2013, 2/2062; 22:01. 2015, 2/2240) following changes and amendments:

1. To state part 1 of Article 6.10 in the following edition:

"1. Confiscation consists in the forced non-paid address to property of the state of income gained as a result of unlawful activity, and also the subject of administrative offense, tools and means of making of administrative offense which are in property (on the right of economic maintaining, operational management) person who made administrative offense. In the cases provided by Articles of the Special part of this Code, confiscations are subject also subject of administrative offense, the tool and means of making of administrative offense irrespective of in whose property (on the right of economic maintaining, operational management) they are. In case of sale (in the absence of signs of illegal business activity) the physical person who is not the individual entrepreneur, the alcoholic beverages which are not marked in accordance with the established procedure by excise stamps of the Republic of Belarus and (or) special brands, or alcoholic beverages of own production confiscation of the alcoholic beverages which are not marked in accordance with the established procedure by excise stamps of the Republic of Belarus and (or) special brands, the alcoholic beverages of own production which are not subject of administrative offense, belonging to the perpetrator or being in the place of making of offense at the time of making of offense can be applied.".

2. In Article 12.27:

from paragraph one of part of 1 word" or to exclude more than one thousand cigarettes, more than one thousand grams of tobacco or other tobacco products without documents confirming legality of their acquisition";

state part 2 in the following edition:

"2. Movement on the territory of the Republic of Belarus the physical person who is not the individual entrepreneur, more than five liters of the alcoholic beverages which are not marked in accordance with the established procedure by excise stamps of the Republic of Belarus and (or) special brands -

attracts imposing of penalty in the amount of ten up to hundred basic sizes with confiscation of the alcoholic beverages exceeding quantity which movement is allowed, or without confiscation.";

add Article with part of 2-1 following content:

"2-1. The act provided by part 2 of this Article committed repeatedly within one year after imposing of administrative punishment for the same violation, -

attracts imposing of penalty in the amount of twenty up to hundred basic sizes with confiscation of the alcoholic beverages exceeding quantity which movement is allowed, and also the vehicles used for movement of alcoholic beverages (except vehicles public) irrespective of in whose property they are, or without confiscation of such vehicles.";

state part 4 in the following edition:

"4. Sale (in the absence of signs of illegal business activity) the physical person who is not the individual entrepreneur, the alcoholic beverages which are not marked in accordance with the established procedure by excise stamps of the Republic of Belarus and (or) special brands or alcoholic beverages of own production -

attracts imposing of penalty in the amount of five up to twenty basic sizes with confiscation of the sold alcoholic beverages, and also with confiscation of the alcoholic beverages which are not marked in accordance with the established procedure by excise stamps of the Republic of Belarus and (or) special brands, the alcoholic beverages of own production belonging to the perpetrator or being in the place of making of offense at the time of making of offense or without confiscation of such alcoholic beverages.";

add Article with part of 4-1 following content:

"4-1. The act provided by part 4 of this Article committed repeatedly within one year after imposing of administrative punishment for the same violation, -

attracts imposing of penalty in the amount of ten up to thirty basic sizes with confiscation of the sold alcoholic beverages, and also with confiscation of the alcoholic beverages which are not marked in accordance with the established procedure by excise stamps of the Republic of Belarus and (or) special brands, the alcoholic beverages of own production belonging to the perpetrator or being in the place of making of offense at the time of making of offense.".

3. The paragraph one of part 2 of Article 12.43 to state in the following edition:

"2. The same acts made repeatedly within one year after imposing of administrative punishment for the same violations, and production by physical person more than five liters of hard alcoholic beverages (moonshine), more than thirty liters of semifinished products for their production (home brew) or storage more than thirty liters of such semifinished products is equal -".

4. In Article 22.9:

the paragraph one of part 3 to add with words ", except for the case provided by part of 3-1 this Article";

add Article with parts 3-1 and 3-2 of the following content:

"3-1. Distribution of information by mass media which distribution is forbidden in mass media according to legal acts, except as specified, when responsibility for distribution of such information is provided by other Articles of the Special part of this Code, -

attracts imposing of penalty on the legal entity in the amount up to two hundred basic sizes.

3-2. Distribution by the owner of the Internet resource which is not registered as online media, information which distribution is forbidden on Internet resources according to legal acts, except as specified, when responsibility for distribution of such information is provided by other Articles of the Special part of this Code -

attracts imposing of penalty in the amount up to twenty basic sizes, and on the legal entity - up to hundred basic sizes.".

5. In Article 23.34:

state part 1 in the following edition:

"1. The violation of established procedure of holding meeting, meeting, street procession, demonstration, picketing, other mass action made by the participant of such actions, and equally public calls for the organization or holding meeting, meeting, street procession, demonstration, picketing, other mass action with violation of established procedure of their organization or carrying out made by the participant of such actions or the other person if in these acts there is no actus reus, -

attract the prevention, or imposing of penalty in the amount up to thirty basic sizes, or administrative detention.";

to add paragraph two of part 2 with words ", and on the legal entity - from twenty up to hundred basic sizes";

part in paragraph one "parts 1 and 2" shall be replaced with words 3 words "part 1";

add Article with part of 3-1 following content:

"3-1. The acts provided by part 2 of this Article committed repeatedly within one year after imposing of administrative punishment for the same violations, -

attract imposing of penalty in the amount of twenty up to fifty basic sizes or administrative detention, and on the legal entity - from twenty up to two hundred basic sizes.".

6. State Article 23.79 in the following edition:

"Article 23.79. Violation of requirements of the legislation on control (supervising) activities

1. Making by the official of the controlling (supervising) body of gross violations of requirements to procedure for the organization and conducting the checks established according to legal acts, except for making of the violations provided by part 2 of this Article -

attracts imposing of penalty in the amount of two up to thirty basic sizes.

2. Not entering of record about conducting check into the book of accounting of checks (the magazine of works) in case of submission of this book (magazine) or violation of established procedure of purpose of check, including its unreasonable appointment made by the official of the controlling (supervising) body or labor union either the legal or technical inspector of work of labor union attract imposing of penalty in the amount of twenty up to hundred basic sizes.".

Article 2. Bring in the Procedural and executive code of the Republic of Belarus about administrative offenses of December 20, 2006 (The national register of legal acts of the Republic of Belarus, 2007, No. 14, 2/1291; 2010, No. 16, 2/1651; No. 162, 2/1701; No. 300, 2/1750; 2011, No. 134, 2/1869; National legal Internet portal of the Republic of Belarus, 19.07. 2012, 2/1961; 27.07. 2013, 2/2062; 03:07. 2014, 2/2163; 17:01. 2015, 2/2239; 22:01. 2015, 2/2240, 2/2241; 23:07. 2015, 2/2303; 14:01. 2016, 2/2349; 22:07. 2016, 2/2403; 20:01. 2018, 2/2533) following changes and amendment:

1. Regarding 1 Article 3.2 of the word "and 4 Articles 22.9" shall be replaced with words ", 3-1-4 Articles 22.9".

2. Regarding 1 Article 3.30:

in Item 1 of the word "3 articles 22.9" shall be replaced with words "3-2 Articles 22.9";

"controlling" to add Item 16 after the word with the word of "(supervising)".

Article 3. This Law becomes effective in the following procedure:

item 4 of Article 1, Item 1 and paragraph two of Item 2 of Article 2 - since December 1, 2018;

other provisions - in ten days after official publication of this Law.

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