of May 27, 2008 No. 6
About court practice on cases on smuggling
Due to the questions which arose in court practice by consideration of criminal cases about smuggling, the Plenum of the Supreme Court of the Russian Federation decides to make to courts the following explanations:
1. Unlike offenses in the field of customs affairs, punishable according to the Russian Federation Code of Administrative Offences, responsibility under article 188 Criminal Code of the Russian Federation comes only in the presence of such signs of this actus reus as illicit movement through customs border of the Russian Federation of goods or other objects in large size or illicit movement of the objects of smuggling listed regarding the 2nd article 188 Criminal Code of the Russian Federation, regardless of their cost or quantity.
Proceeding from the subitem 10 of Item 1 of Article 11 of the Customs code of the Russian Federation the movement of goods or other objects through customs border of the Russian Federation made with violation of the procedure established by the specified Code is considered illegal. At the same time responsibility under article 188 Criminal Code of the Russian Federation comes only in cases when illicit movement of goods or other objects through customs border of the Russian Federation is made in addition to or with concealment from customs control or with fraudulent use of documents or means of customs identification or is integrated to non declaration or doubtful declaring.
2. The customs border of the Russian Federation matches with Frontier of the Russian Federation, and also includes limits being in exclusive economic zone of the Russian Federation and on its continental shelf of artificial islands, installations and constructions, the special economic zones which are part of customs area of the Russian Federation.
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The document ceased to be valid according to the Resolution of the Plenum of the Supreme Court of the Russian Federation of 14.07.2011 No. 12