FEDERAL LAW OF THE RUSSIAN FEDERATION

of December 6, 2011 No. 404-FZ

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

List of amending documents

Accepted by the State Duma on November 22, 2011

Approved by the Federation Council on November 29, 2011

Article 1

Bring in the Russian Federation Code of Administrative Offences (The Russian Federation Code, 2002, N 1, Art. 1; N 18, of Art. 1721; N 30, of Art. 3029; N 44, of the Art. 4295, 4298; 2003, N 1, Art. 2; N 27, of the Art. 2700, 2708, 2717; N 46, of the Art. 4434, 4440; N 50, of the Art. 4847, 4855; 2004, N 30, Art. 3095; N 31, of Art. 3229; N 34, of the Art. 3529, 3533; N 44, of Art. 4266; 2005, N 1, Art. 9, 13, 37, 40, 45; N 10, of Art. 763; N 13, of the Art. 1075, 1077; N 19, of Art. 1752; N 27, of the Art. 2719, 2721; N 30, of the Art. 3104, 3124, 3131; N 50, of Art. 5247; N 52, of the Art. 5574, 5596; 2006, N 1, Art. 4, 10; N 2, of Art. 172; N 6, of Art. 636; N 12, of Art. 1234; N 17, of Art. 1776; N 18, of Art. 1907; N 19, of Art. 2066; N 23, of Art. 2380; N 28, of Art. 2975; N 30, of Art. 3287; N 31, of the Art. 3420, 3432, 3433, 3438; N 45, of the Art. 4634, 4641; N 50, of the Art. 5279, 5281; N 52, of Art. 5498; 2007, N 1, Art. 21, 29; N 16, of Art. 1825; N 26, of Art. 3089; N 30, of Art. 3755; N 31, of the Art. 4007, 4008, 4009, 4015; N 41, of Art. 4845; N 43, of Art. 5084; N 46, of Art. 5553; N 49, of Art. 6034; N 50, of Art. 6246; 2008, N 20, Art. 2251; N 29, of Art. 3418; N 30, of Art. 3604; N 49, of the Art. 5738, 5745; N 52, of the Art. 6227, 6235, 6236; 2009, N 1, Art. 17; N 7, of Art. 777; N 23, of the Art. 2759, 2776; N 26, of the Art. 3120, 3122, 3132; N 29, of the Art. 3597, 3599, 3635, 3642; N 30, of Art. 3739; N 45, of the Art. 5265, 5267; N 48, of the Art. 5711, 5724, 5755; N 52, of the Art. 6406, 6412; 2010, N 1, Art. 1; N 11, of Art. 1176; N 15, of Art. 1751; N 19, of Art. 2291; N 21, of the Art. 2525, 2530; N 23, of Art. 2790; N 25, of Art. 3070; N 27, of Art. 3416; N 28, of Art. 3553; N 30, of the Art. 4002, 4006, 4007; N 31, of the Art. 4158, 4164, 4193, 4195, 4198, 4206, 4207, 4208; N 32, of Art. 4298; N 41, of Art. 5192; N 46, of Art. 5918; N 50, of Art. 6605; N 52, of the Art. 6984, 6995; 2011, N 1, Art. 10, 23; N 7, of Art. 901; N 15, of the Art. 2039, 2041; N 17, of Art. 2310; N 19, of the Art. 2714, 2715; N 23, of Art. 3260; N 27, of the Art. 3873, 3881; N 29, of the Art. 4290, 4298; N 30, of the Art. 4573, 4585, 4590, 4598, 4600, 4601, 4605; N 46, of the Art. 6406) following changes:

"Chapters 12, 15 and 16" shall be replaced with words 1) regarding the 2nd Article 2.5 of the word "Chapter 12, Article 14. 9, part 3 of Article 14. 32, Chapters 15 and 16", after figures "18.1 - 18.4," to add with words "parts 2.1, 2.6 of Article 19. 5, Articles", after figures "19.7.4" to add with words ", part 5 of Article 19.8";

2) in Article 4.2:

a) state part 1 in the following edition:

"1. The circumstances mitigating the administrative responsibility are recognized:

1) repentance of person who made administrative offense;

2) the voluntary termination of delinquent behavior by person who made administrative offense;

3) the voluntary message person who made administrative offense in body, authorized to perform proceeedings about administrative offense, about committed administrative offense;

4) rendering by person who made administrative offense, assistance to body authorized to perform proceeedings about administrative offense, in establishment of the circumstances which are subject to establishment on the case of administrative offense;

5) prevention by person who made administrative offense, harmful effects of administrative offense;

6) voluntary compensation by person who made administrative offense, the caused damage or voluntary elimination of damage suffered;

7) voluntary execution before pronouncement of the resolution on the case of administrative offense person who made administrative offense, instructions about elimination of the allowed violation issued to it by the body exercising the state control (supervision);

8) making of administrative offense in condition of heat passion (affect) or in case of confluence of difficult personal or family circumstances;

9) making of administrative offense by the minor;

10) making of administrative offense by the expectant mother or woman having the juvenile child.";

b) add with part 3 following of content:

"3. By this Code other circumstances mitigating the administrative responsibility for making of separate administrative offenses and also features of accounting of the circumstances mitigating the administrative responsibility can be provided in case of purpose of administrative punishment for making of separate administrative offenses.";

3) Article 4.3 to add with part 3 following of content:

"3. By this Code other circumstances aggravating the administrative responsibility for making of separate administrative offenses and also features of accounting of the circumstances aggravating the administrative responsibility can be provided in case of purpose of administrative punishment for making of separate administrative offenses.";

Paragraph one of part 1 of Article 14.9 after words of "state non-budgetary funds" to add 4) with words ", and also the organizations participating in provision of the state or municipal services";

Article 14.31 to state 5) in the following edition:

"Article 14.31. Abuse of dominant position in the goods market

1. Making by the business entity holding dominant position in the goods market, except for the subject of natural monopoly, the actions recognized by abuse of dominant position and inadmissible according to the antitrust law of the Russian Federation if such actions bring or can lead to infringement of interests of other persons and at the same time is not result of such actions and non-admission, restriction or elimination of the competition, except as specified, stipulated in Article 14.31.1 of this Code cannot be,

attracts imposing of administrative penalty on officials at the rate from fifteen thousand to twenty thousand rubles; on legal entities - from three hundred thousand to one million rubles.

2. Making by the business entity of the actions recognized by abuse of dominant position and inadmissible according to the antitrust law of the Russian Federation holding dominant position in the goods market if such actions non-admission, restriction or elimination of the competition, except as specified, of stipulated in Article 14.31.1 of this Code, or making by the subject of natural monopoly of the actions recognized by abuse of dominant position and inadmissible according to the antitrust law of the Russian Federation is result or can be

attracts imposing of administrative penalty on officials at the rate from twenty thousand to fifty thousand rubles or disqualification for a period of up to three years; on legal entities - from one cell to fifteen 100-th the size of the amount of revenue of the offender from sales of goods (work, service) in which market the administrative offense, but no more than one fiftieth cumulative sizes of the amount of revenue of the offender from realization of all goods (works, services) and at least hundred thousand rubles is made and if the amount of revenue of the offender from sales of goods (work, service) in whose market the administrative offense is made, exceeds 75 percent of the cumulative size of the amount of revenue of the offender from realization of all goods (works, services) or the administrative offense is made on commodity market (works, services) which realization is enabled at the prices (rates) regulated in accordance with the legislation of the Russian Federation, in the amount of three sizes of the amount of revenue of the offender, thousand to three 100-th, from sales of goods (work, service), in which market the administrative offense, but no more than one fiftieth cumulative sizes of the amount of revenue of the offender from realization of all goods (works, services) and at least hundred thousand rubles is made.

Notes:

1. For the purposes of application of this Chapter the proceeds from sales of goods (works, services) are determined according to articles 248 and 249 of the Tax Code of the Russian Federation.

2. In case of appointment of administrative punishment for making of the administrative offense prescribed by this Article or Article 14.31. 1, 14.3.2 or 14.33 of this Code, concerning the legal entity are considered the circumstances mitigating the administrative responsibility, provided by Items 2 - 7 parts 1 of Article 4.2 of this Code.

3. In case of appointment of administrative punishment for making of the administrative offense prescribed by this Article or Article 14.31. 1, 14.31.2 or 14.33 of this Code, concerning the legal entity are considered the circumstances aggravating the administrative responsibility, provided by Items 1 and 2 of part 1 of Article 4.3 of this Code and also the following circumstances aggravating the administrative responsibility:

1) making of the lasting administrative offense which duration exceeds one year;

2) causing as a result of making of administrative offense of damage to citizens, the organizations or the state in the amount of more than one million rubles or extraction as a result of making of administrative offense of the income in the amount of more than five million rubles;

3) making of administrative offense by two and more persons entering the group of persons determined according to the antitrust law of the Russian Federation.

4. For making of the administrative offense provided by this Article or Article 14.31. 1, 14.31. 2, 14.32 or 14.33 of this Code, in the absence of the circumstances mitigating and aggravating the administrative responsibility, the administrative penalty is imposed on the legal entity in the amount of the amount of the minimum size of the administrative penalty provided for making of this administrative offense, and half of difference of the maximum size of the administrative penalty provided for making of this administrative offense, and the minimum size of the administrative penalty provided for making of this administrative offense. In the presence of the circumstances mitigating the administrative responsibility, the size of the administrative penalty imposed on the legal entity is subject to reduction for each such circumstance by one eighth differences of the maximum size of the administrative penalty provided for making of this administrative offense, and the minimum size of the administrative penalty provided for making of this administrative offense. In the presence of the circumstances aggravating the administrative responsibility, the size of the administrative penalty imposed on the legal entity is subject to increase for each such circumstance at one eighth differences of the maximum size of the administrative penalty provided for making of this administrative offense, and the minimum size of the administrative penalty provided for making of this administrative offense.";

To add 6) with Article 14.31.2 of the following content:

"Article 14.31.2. Manipulation the prices on wholesale and (or) the retail markets of electrical energy (capacity)

1. Manipulation the prices on wholesale and (or) the retail markets of electrical energy (capacity) the participants of the wholesale and (or) retail markets of electrical energy (capacity) who are not holding dominant position in the corresponding markets of electrical energy (capacity)

attracts imposing of administrative penalty on officials at the rate from twenty thousand to fifty thousand rubles; on legal entities - from five hundred thousand to one million rubles.

2. Making of the administrative offense provided by part of 1 this Article, the official who is earlier subjected to administrative punishment for similar administrative offense

attracts disqualification for a period of one year up to three years.";

7) in Article 14.32:

a) paragraph two of part 1 after the words "from one cell to fifteen 100-th the size of the amount of revenue of the offender from sales of goods (work, service) in which market the administrative offense is made" to add with the words "or from one tenth to the one second initial cost of subject of the biddings", after the words "75 percent of the cumulative size of the amount of revenue of the offender from realization of all goods (works, services)" to add with the words "or the administrative offense is made on commodity market (works, services) which realization is enabled at the prices (rates) regulated in accordance with the legislation of the Russian Federation";

b) to add part 2 paragraph two after the words "75 percent of the cumulative size of the amount of revenue of the offender from realization of all goods (works, services)" with the words "or the administrative offense is made on commodity market (works, services) which realization is enabled at the prices (rates) regulated in accordance with the legislation of the Russian Federation";

c) 1 after the word "Person" to add the note with words "(the group of persons determined according to the antitrust law of the Russian Federation)";

d) add with notes 3 and 4 of the following content:

"3. In case of purpose of administrative punishment for making of the administrative offense prescribed by this Article concerning the legal entity the circumstances mitigating the administrative responsibility, provided by Items 2 - 7 parts 1 of Article 4.2 of this Code, and also the following circumstances mitigating the administrative responsibility are considered:

1) person who made administrative offense is not organizer limiting competition of the agreement or coordinated actions and (or) received instructions, obligatory for execution, to participate in them;

2) person who made administrative offense did not start execution signed by it the agreement limiting the competition.

4. In case of purpose of administrative punishment for making of the administrative offense prescribed by this Article concerning the legal entity the circumstances aggravating the administrative responsibility, provided by Items 1 and 2 of part 1 of Article 4 are considered. 3, Items 1 and 2 of the note 3 to Article 14.31 of this Code, and also the following circumstances aggravating the administrative responsibility:

1) the organization by person who made administrative offense, limiting competition of the agreement or coordinated actions;

2) coercion by person who made administrative offense, other persons to making of administrative offense or to continuation of participation in the agreements or coordinated actions limiting the competition.";

8) regarding 2.1 Articles 19.5 of the word of "the government or municipal assistance" shall be replaced with words "the state or municipal preference";

Paragraph one of part 5 of Article 19.8 after the word "Non-presentation" to add 9) with the words "or untimely representation";

To add 10) with Article 19.8.2 of the following content:

"Article 19.8.2. Non-presentation of petitions, notifications (information), data (information) in the federal executive body authorized on accomplishment of functions on control of implementation of foreign investments in the Russian Federation

1. Non-presentation in the federal executive body authorized on accomplishment of functions on control of implementation of foreign investments in the Russian Federation, petitions, stipulated by the legislation about foreign investments in the territory of the Russian Federation, submission of the petitions containing obviously false information, or violation by the established legislation on foreign investments in the territory of the Russian Federation about and submission due dates of petitions

attracts imposing of administrative penalty on citizens at the rate from three thousand to five thousand rubles; on officials - from thirty thousand to fifty thousand rubles; on legal entities - from five hundred thousand to one million rubles.

2. Non-presentation in the federal executive body authorized on accomplishment of functions on control of implementation of foreign investments in the Russian Federation, notifications (information), stipulated by the legislation about foreign investments in the territory of the Russian Federation, submission of the notifications (information) containing obviously false information, or violation by the established legislation on foreign investments in the territory of the Russian Federation about and submission due dates of notifications (information)

attracts imposing of administrative penalty on citizens at the rate from two thousand to three thousand rubles; on officials - from fifteen thousand to thirty thousand rubles; on legal entities - from two hundred fifty thousand to five hundred thousand rubles.

3. Non-presentation in the federal executive body authorized on accomplishment of functions on control of implementation of foreign investments in the Russian Federation, the data (information), stipulated by the legislation about foreign investments in the territory of the Russian Federation, including non-presentation of data (information) upon the demand of the specified body, except as specified, provided by parts 1 and 2 of this Article, or submission to the specified body of obviously false information (information)

attracts imposing of administrative penalty on citizens at the rate from three thousand to five thousand rubles; on officials - from thirty thousand to fifty thousand rubles; on legal entities - from five hundred thousand to one million rubles.";

11) regarding 3rd Article 23.1:

a) in paragraph three of figure "14.31 - 14.33," to exclude;

b) add with the new paragraph the fourth the following content:

"Judges of Arbitration Courts consider cases on the administrative offenses provided by Articles 14. 9, 14.31, 14.31. 1, 14.31. 2,

14. 32, 14.33 of this Code.";

c) the fourth to consider the paragraph the paragraph the fifth;

12) in Article 23.48:

a) the subitem and) Item 12) Article 1 ceased to be valid according to the Federal Law of the Russian Federation of 23.07.2013 No. 197-FZ

b) state part 2 in the following edition:

"2. Has the right consider cases on administrative offenses on behalf of the bodies specified regarding 1 this Article:

1) head of federal antimonopoly authority, his deputies;

2) heads of structural divisions of federal antimonopoly authority, their deputies, except for cases on the administrative offenses provided by Articles 14. 3, 14.9,

14.31 - 14.33 of this Code;

3) heads of territorial authorities of federal antimonopoly authority, their deputies.";

Chapter 23 to add 13) with Article 23.78 of the following content:

"Article 23.78. The federal executive body authorized on accomplishment of functions on control of implementation of foreign investments in the Russian Federation

1. The federal executive body authorized on accomplishment of functions on control of implementation of foreign investments in the Russian Federation considers cases on administrative offenses, stipulated in Article 19.8.2 of this Code.

2. Consider cases on administrative offenses on behalf of the body specified regarding 1 this Article, the having the right head of the federal executive body authorized on accomplishment of functions on control of implementation of foreign investments in the Russian Federation, his deputies.";

Chapter 25 to add 14) with Article 25.15 of the following content:

"Article 25.15. The notice of persons participating in proceeedings about administrative offense

1. Persons participating in proceeedings about administrative offense and also witnesses, experts, specialists and translators are informed or subpoenaed, body or to the official in which production there is case, the registered mail with the assurance of receipt, the agenda with the assurance of receipt, the telephone message or the telegram, on fax connection or with use of other means of communication and the deliveries providing fixation of the notice or challenge and its delivery to the addressee.

2. The notices addressed to citizens, including individual entrepreneurs go in the place of their residence. At the same time the residence of the individual entrepreneur is determined based on the extract from the Unified State Register of Legal Entities and Individual Entrepreneurs.

3. The location of the legal entity, its branch or representation is determined based on the extract from the Unified State Register of Legal Entities. If the legal entity participating in proceeedings about administrative offense processes case through the representative, the notice also goes in the location (residence) of the representative.

4. If person participating in proceeedings about administrative offense declared the petition for the direction of notices to other address, the court, body or the official in which production there is case sends the notice also to this address. In this case the notice is considered handed to person participating in proceeedings about administrative offense if the notice is delivered to the address specified by such person.";

15) regarding 1 Article 28.1 of the word "entry into force of the decision of the commission of antimonopoly authority" shall be replaced with words "acceptance by the commission of antimonopoly authority of the decision";

Part 1 of Article 29.11 to state 16) in the following edition:

"1. The resolution on the case of administrative offense appears immediately upon termination of consideration of the case. In exceptional cases according to the solution of face (body) considering case on administrative offense, creation of the motivated resolution can be postponed for term no more than three days from the date of the end of trial of case, except for cases on the administrative offenses specified in parts 3 - the 5th Article 29.6 of this Code, at the same time the substantive provisions of the resolution shall be announced immediately upon termination of consideration of the case. Day of production of the resolution in full is day of its removal.";

17) Article 30.12 to add with part 4 following of content:

"4. The decision which took legal effect by results of consideration of the claim, protest on the resolution on the case of administrative offense can be appealed according to the procedure of supervision by the official who issued the decree.".

Article 2

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

 

 

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