FEDERAL LAW OF THE RUSSIAN FEDERATION

of December 25, 2023 No. 638-FZ

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

Accepted by the State Duma on December 15, 2023

Approved by the Federation Council on December 22, 2023

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; 2005, No. 1, Art. 9, 13, 40, 45; No. 10, Art. 763; No. 13, Art. 1077; No. 19, Art. 1752; No. 27, Art. 2719, 2721; No. 30, Art. 3104, 3131; No. 50, Art. 5247; 2006, No. 1, Art. 10; 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. 28, Art. 2975; No. 31, Art. 3420, 3438, 3452; No. 45, Art. 4641; No. 50, Art. 5279; 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, 4015; 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. 1, Art. 17; No. 7, Art. 777; No. 23, Art. 2759; No. 26, Art. 3120, 3122; No. 29, Art. 3597, 3635, 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. 4155, 4158, 4164, 4193, 4195, 4206, 4207, 4208; No. 41, Art. 5192; No. 49, Art. 6409; 2011, No. 1, Art. 10, 23, 33, 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; 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. 19, Art. 2278, 2281; No. 24, Art. 3069, 3082; 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. 26, Art. 3207, 3208, 3209; No. 27, Art. 3454, 3469, 3470, 3477, 3478; No. 30, Art. 4025, 4029, 4030, 4031, 4032, 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, 6986, 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. 35, 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. 3370; No. 27, Art. 3945, 3950; No. 29, Art. 4354, 4359, 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, 79, 84; No. 10, Art. 1323; No. 11, Art. 1481, 1490, 1491, 1493; 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, 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. 7562; No. 52, Art. 7919, 7925, 7937; 2018, No. 1, Art. 21, 30, 35, 48; No. 7, Art. 973; No. 18, Art. 2562; No. 30, Art. 4555; No. 31, Art. 4824, 4825, 4826, 4828, 4851; No. 41, Art. 6187; No. 42, Art. 6378; No. 45, Art. 6832, 6843; No. 47, Art. 7125, 7128; No. 53, Art. 8436, 8447; 2019, No. 6, Art. 465; No. 10, Art. 893; No. 12, Art. 1216, 1217, 1218, 1219; No. 16, Art. 1819, 1820, 1821; No. 18, Art. 2219, 2220; No. 22, Art. 2669, 2670; No. 25, Art. 3161; No. 27, Art. 3536; No. 29, Art. 3847; No. 30, Art. 4119, 4120, 4121, 4125, 4131; No. 42, Art. 5803; No. 44, Art. 6178, 6182; No. 49, Art. 6964; No. 51, Art. 7493, 7494, 7495; No. 52, Art. 7766, 7811, 7819; 2020, No. 14, Art. 2002, 2019, 2020, 2029; No. 30, Art. 4744; No. 31, Art. 5037; No. 42, Art. 6526; No. 50, Art. 8065; 2021, No. 1, Art. 50, 51, 52, 70; No. 6, Art. 959; No. 9, Art. 1461, 1466, 1471; No. 11, Art. 1701, 1702, 1703; No. 13, Art. 2141; No. 15, Art. 2425, 2431, 2443; No. 18, Art. 3046; No. 22, Art. 3676; No. 24, Art. 4218, 4221, 4222, 4223, 4224; No. 27, Art. 5060, 5111; No. 52, Art. 8978, 8986; 2022, No. 1, Art. 3, 37, 49; No. 5, Art. 676; No. 8, Art. 1032; No. 10, Art. 1388, 1399; No. 13, Art. 1959; No. 16, Art. 2595, 2605; No. 22, Art. 3534; No. 29, Art. 5224, 5226, 5254; No. 39, Art. 6534; No. 43, Art. 7273; No. 48, Art. 8331; No. 50, Art. 8773; No. 52, Art. 9348, 9360, 9364; 2023, No. 1, Art. 69, 72; No. 8, Art. 1210; No. 14, Art. 2380; No. 16, Art. 2754; No. 18, Art. 3228, 3229, 3252; No. 25, Art. 4407, 4411, 4419, 4422; No. 26, Art. 4673, 4682, 4685; No. 29, Art. 5340; No. 31, Art. 5789, 5790; No. 32, Art. 6133, 6134, 6136, 6144, 6155, 6157, 6158; Official Internet portal of legal information (www.pravo.gov.ru), on December 12, 2023, No. 0001202312120023) following changes:

1) in Article 3.5:

a) in part 1:

word in paragraph one "Article 9." Shall be replaced with words 22, "part 3.1 of Article 9. 1, Article 9. 22,", words "part 2 of Article 11.6. 1, part 2 of Article 11.7." Shall be replaced with words 1, "part 3.1 of Article 9. 1, part 2 of Article 11.6. 1, part 2 of Article 11.7. 1,", after words "Article 7.14. 1, part 2 of Article 7." To add 15, with words "part 3.2 of Article 9. 1,";

add with Item 3.3 of the following content:

"3. 3) to the amount of revenue of the offender from realization of the coal (combustible slates) extracted on the coal mine 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 coal production (combustible slates) on this coal mine in prior calendar year;";

b) add with part 4.7 following of content:

"4.7. The size of the administrative penalty estimated proceeding from the amount of revenue of the offender from realization of the coal (combustible slates) extracted on the coal mine cannot exceed one tenth cumulative sizes of the amount of proceeds from sales of the coal (combustible slates) extracted on the coal mine 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 coal production (combustible slates) on this coal mine in prior calendar year.";

2) in paragraph three of part 1 of Article 3.12 of the word "the administrative offense provided by part 3 of Article 9.1 of this Code (regarding gross violation of requirements of industrial safety)" shall be replaced with words "the administrative offenses provided by part 3 (regarding gross violation of requirements of industrial safety) and part 3.1 of Article 9.1 of this Code";

3) in Article 7.3:

a) add the name with words ", and also plans and schemes of development of mining operations";

b) part 2 in paragraph one the word "subsoil, -" shall be replaced with words "subsoil, and also plans and schemes of development of mining operations -";

4) in paragraph one of part 2 of Article 8.10 of the word "to carrying out decontamination in case of production (conversion) of coal (combustible slates)," to exclude;

5) in Article 9.1:

a) part 3 in paragraph one "objects -" shall be replaced with words the word "the objects, except as specified, provided by part 3.1 of this Article -";

b) add with parts 3.1 - 3.3 following of content:

"3.1. Violation of mandatory requirements of industrial safety to prevention of sudden emissions of coal (breed and gas), mandatory requirements to carrying out decontamination, razgazirovaniye and airing of excavations, implementation of aero gas control, driving and fixture of excavations, requirements to antiemergency protection in excavations in case of coal production (combustible slates) by mine method -

attracts imposing of administrative penalty on officials at the rate from eighty thousand to hundred thousand rubles or disqualification for a period of two up to three years; on legal entities - from one million to five million rubles or administrative suspension of operations for a period of up to ninety days.

3.2. The violation specified in part 3.1 of this Article, which led to emergence of the accident on hazardous production facility which entailed the death of the person or causing severe harm to health of two and more persons -

attracts imposing of administrative penalty on the controlling persons of the organizations operating coal mines at the rate from five million to ten million rubles.

3.3. The violation specified in part 3.1 of this Article, which led to emergence of the accident on hazardous production facility which entailed the death of two and more persons -

attracts imposing of administrative penalty on the controlling persons of the organizations operating coal mines in the amount of one cell to one tenth cumulative sizes of the amount of revenue of the organization from the coal realization (combustible slates) extracted on the coal mine on which there was such accident 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 coal production (combustible slates) on this coal mine in prior calendar year, but at least fifteen million rubles.";

c) the paragraph one of part 4 after the words "does not contain" to add with the word of "signs";

d) add with the note 2.1 following of content:

"2.1. For the purposes of this Article the controlling person of the organization operating coal mines is understood as the legal entity having the right directly or indirectly (through persons under control to it) to dispose owing to participation in this organization and (or) based on property trust management agreements, and (or) particular partnership, and (or) the order, and (or) the shareholders' agreement, and (or) other agreement which subject is implementation of the rights certified by shares (shares) of this organization, more than 50 percent of votes in the supreme body of management of this organization or the right to appoint (to elect) sole executive body and (or) more than 50 percent of structure of collegiate organ of management of this organization.";

6) paragraph one of part 11 of Article 19.5 after the word of "constructions" to add with the word "federal";

7) in Article 23.1:

a) regarding 1 word "part 3 of Article 9.1 (regarding gross violation of conditions of licenses for implementation of types of activity in the field of industrial safety)" shall be replaced with words "part 3 (regarding gross violation of conditions of licenses for implementation of types of activity in the field of industrial safety), parts 3.2 and 3.3 of Article 9.1";

b) regarding 2 words "Articles 9." Shall be replaced with words 1, "parts 1, of 2, part 3 (regarding gross violation of requirements of industrial safety), parts 3.1 and 4 of Article 9. 1, Articles";

8) in Article 23.31:

a) the name after the word of "constructions" to add with the word "federal";

b) regarding 1 word "state mountain supervision" shall be replaced with words "federal state mountain supervision", after words "connected with use of natural resources" to add with words ", and also plans and schemes of development of mining operations", words "parts 1 and 2 of Article 9. 1, part 3 of Article 9.1 (regarding gross violation of requirements of industrial safety), part 4 of Article 9.1" shall be replaced with words "parts 1, of 2, part 3 (regarding gross violation of requirements of industrial safety), parts 3.1 and 4 of Article 9.1";

c) in part 2:

Item 1 after the word of "constructions" to add with the word "federal";

Item 2 after the word of "constructions" to add with the word "federal";

Item 3 after the word of "constructions" to add with the word "federal";

item 4 after the word of "constructions" to add with the word "federal";

Item 5 after the word of "constructions" to add with the word "federal";

d) regarding 3 words "parts 3" shall be replaced with words "parts 3, 3.1";

9) Item 9 of part 2 of Article 23.34 after the word "safety" to add with the word of "federal";

10) in Item 39 of part 2 of Article 28.3 after the word of "constructions" to add with the word "federal", words "part 3 of Article 9.1" shall be replaced with words "parts 3, 3.2 and 3.3 Articles 9.1".

Article 2

This Federal Law becomes effective since September 1, 2025.

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