FEDERAL LAW OF THE RUSSIAN FEDERATION

of June 8, 2012 No. 65-FZ

About introduction of amendments to the Russian Federation Code of Administrative Offences and the Federal Law "About Meetings, Meetings, Demonstrations, Processions and Piketirovaniye"

Accepted by the State Duma on June 5, 2012

Approved by the Federation Council on June 6, 2012

Article 1

Bring in the Russian Federation Code of Administrative Offences (The Russian Federation Code, 2002, N 1, Art. 1; N 30, of Art. 3029; N 44, of Art. 4295; 2003, N 27, Art. 2700, 2708, 2717; N 46, of Art. 4434; N 50, of the Art. 4847, 4855; 2004, N 31, Art. 3229; N 34, of the Art. 3529, 3533; N 44, of Art. 4266; 2005, N 1, Art. 9, 13, 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, 3131; N 40, of Art. 3986; N 50, of Art. 5247; N 52, of Art. 5574; 2006, N 1, Art. 4, 10; N 2, of Art. 172; N 6, of Art. 636; N 10, of Art. 1067; N 12, of Art. 1234; N 17, of Art. 1776; N 18, of Art. 1907; N 19, of Art. 2066; N 23, of the Art. 2380, 2385; N 31, of the Art. 3420, 3438, 3452; N 45, of Art. 4641; N 50, of the Art. 5279, 5281; N 52, of Art. 5498; 2007, N 1, Art. 21, 25, 29; N 7, of Art. 840; N 15, of Art. 1743; N 16, of Art. 1825; N 21, of Art. 2456; N 26, of Art. 3089; N 30, of Art. 3755; N 31, of the Art. 4007, 4008; N 41, of Art. 4845; N 43, of Art. 5084; N 46, of Art. 5553; 2008, N 10, Art. 896; N 18, of Art. 1941; N 20, of the Art. 2251, 2259; N 30, of Art. 3604; N 49, of the Art. 5745, 5748; 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; N 29, of the Art. 3597, 3642; N 30, of the Art. 3735, 3739; N 45, of the Art. 5265, 5267; N 48, of the Art. 5711, 5724; N 52, of Art. 6412; 2010, N 1, Art. 1; N 18, of Art. 2145; N 19, of Art. 2291; N 21, of Art. 2525; N 23, of Art. 2790; N 27, of the Art. 3416, 3429; N 30, of the Art. 4002, 4006, 4007; N 31, of the Art. 4158, 4164, 4192, 4193, 4195, 4206, 4207, 4208; N 41, of Art. 5192; N 49, of Art. 6409; 2011, N 1, Art. 10, 23, 29, 33, 54; N 7, of Art. 901; N 15, of Art. 2039; N 17, of Art. 2310; N 19, of the Art. 2714, 2715; N 23, of Art. 3260; N 27, of Art. 3873; N 29, of the Art. 4289, 4290, 4298; N 30, of the Art. 4573, 4574, 4585, 4590, 4598, 4600, 4601, 4605; N 45, of Art. 6325; N 46, of Art. 6406; N 47, of Art. 6602; N 48, of Art. 6728; N 49, of the Art. 7025, 7061; N 50, of the Art. 7342, 7345, 7346, 7351, 7352, 7355, 7362, 7366; 2012, N 6, Art. 621; N 10, of Art. 1166; N 19, of the Art. 2278, 2281) following changes:

1) in Article 3.2:

a) add part 1 with Item 10 of the following content:

"10) obligatory works.";

b) regarding 3 words "in Items 3 - 9" shall be replaced with words "in Items 3 - 10";

Shall be replaced with words 2) regarding 1 Article 3.3 of the word "disqualification and administrative suspension of operations" "disqualification, administrative suspension of operations and obligatory works";

3) in paragraph one of part 1 of Article 3.5 of the word "for citizens in the amount of, not exceeding five thousand rubles; for officials - fifty thousand rubles" shall be replaced with words "for citizens in the amount of, not exceeding five thousand rubles, and in the cases provided by Articles 5. 38, 20.2,

20.2. 2, 20.18, part 4 of Article 20.25 of this Code, - three hundred thousand rubles; for officials - fifty thousand rubles, and in the cases provided by Articles 5. 38, parts 1 - 4 Articles

20. 2, Articles 20.2. 2, 20.18 of this Code, - six hundred thousand rubles";

Chapter 3 to add 4) with Article 3.13 of the following content:

"Article 3.13. Obligatory works

1. Obligatory works consist in accomplishment by the physical person who made administrative offense in time of free socially useful works, free from the main work, service or study. Obligatory works are appointed by the judge.

2. Obligatory works are established for a period of twenty till two hundred o'clock and no more than four hours a day are left.

3. Obligatory works are not applied to the expectant mothers, women having children under three years, to the disabled people of I and II groups, the military personnel, citizens called on military charges and also to the staff of law-enforcement bodies, bodies and organizations of criminal executive system, Public fire service, drug trafficking monitoring bodies and psychotropic substances and customs authorities having special ranks.";

Part 1 of Article 4.5 after the words "about industrial safety" to add 5) with words ", about meetings, meetings, demonstrations, processions and piketirovaniye";

Paragraph two of Article 5.38 to state 6) in the following edition:

"attracts imposing of administrative penalty on citizens at the rate from ten thousand to twenty thousand rubles; on officials - from thirty thousand to fifty thousand rubles.";

Article 20.2 to state 7) in the following edition:

"Article 20.2. Violation of established procedure of the organization or holding meeting, meeting, demonstration, procession or picketing

1. Violation by the organizer of public action of established procedure of the organization or the holding meeting, meeting, demonstration, procession or picketing, except as specified, provided by parts 2 - 4 these Articles,

attracts imposing of administrative penalty on citizens at the rate from ten thousand to twenty thousand rubles or obligatory works for a period of up to forty hours; on official litsot of fifteen thousand to thirty thousand rubles; on legal entities - from fifty thousand to hundred thousand rubles.

2. The organization or holding public action without giving in accordance with the established procedure notifications on holding public action, except as specified, provided by part 7 of this Article,

attracts imposing of administrative penalty on citizens at the rate from twenty thousand to thirty thousand rubles or obligatory works for a period of up to fifty hours; on officials - from twenty thousand to forty thousand rubles; on legal entities - from seventy thousand to two hundred thousand rubles.

3. The actions (failure to act) provided by parts 1 and 2 of this Article, which entailed creation of hindrances to movement of pedestrians or vehicles or exceeding of limiting regulations of fillability of the territory (room)

attract imposing of administrative penalty on citizens at the rate from thirty thousand to fifty thousand rubles or obligatory works for a period of up to hundred hours; on officials - from fifty thousand to hundred thousand rubles; on legal entities - from two hundred fifty thousand to five hundred thousand rubles.

4. The actions (failure to act) provided by parts 1 and 2 of this Article, which entailed damnification to health of the person or property if these actions (failure to act) do not contain penal act,

attract imposing of administrative penalty on citizens at the rate from hundred thousand to three hundred thousand rubles or obligatory works for a period of up to two hundred hours; on officials - from two hundred thousand to six hundred thousand rubles; on legal entities - from four hundred thousand to one million rubles.

5. Violation by the participant of public action of established procedure of holding meeting, meeting, the demonstration, procession or picketing, except as specified, provided by part 6 of this Article

attracts imposing of administrative penalty at the rate from ten thousand to twenty thousand rubles or obligatory works for a period of up to forty hours.

6. The actions (failure to act) provided by part 5 of this Article, which entailed damnification to health of the person or property if these actions (failure to act) do not contain penal act,

attract imposing of administrative penalty at the rate from hundred fifty thousand to three hundred thousand rubles or obligatory works for a period of up to two hundred hours.

7. The organization or carrying out unauthorized meetings, meeting, demonstration, procession or picketing in close proximity to the territory of nuclear installation, radiation source or Item of storage of nuclear materials and radioactive materials or active participation in such public actions if it complicated accomplishment by workers specified installations, source or Item of the service duties or created safety hazard of the population and the environment,

attracts imposing of administrative penalty at the rate from hundred fifty thousand to three hundred thousand rubles or administrative detention for a period of up to fifteen days; on officials - from two hundred thousand to six hundred thousand rubles; on legal entities - from five hundred thousand to one million rubles.";

8) to add with Article 20.2.2 of the following content:

"Article 20.2.2. The organization of mass simultaneous stay and (or) movement of citizens in the public places which entailed disorderly conduct

1. The organization of the mass simultaneous stay which is not public action and (or) movements of citizens in public places, public calls for mass simultaneous stay and (or) movement of citizens in public places or participation in mass simultaneous stay and (or) movement of citizens in public places if mass simultaneous stay and (or) movement of citizens in public places entailed disorderly conduct or sanitary standards and rules, violation of functioning and safety of critical infrastructure or bonds or damnification to green plantings or created hindrances to movement of pedestrians or vehicles or access for the citizens to premises or objects of transport or social infrastructure, except as specified, provided by part 2 of this Article

attract imposing of administrative penalty on citizens at the rate from ten thousand to twenty thousand rubles or obligatory works for a period of up to fifty hours; on officials - from fifty thousand to hundred thousand rubles; on legal entities - from two hundred thousand to three hundred thousand rubles.

2. The actions provided by part of 1 this Article, which entailed damnification to health of the person or property if these actions do not contain penal act,

attract imposing of administrative penalty on citizens at the rate from hundred fifty thousand to three hundred thousand rubles or obligatory works for a period of up to two hundred hours; on officials - from three hundred thousand to six hundred thousand rubles; on legal entities - from five hundred thousand to one million rubles.

Note. The organizer of the mass simultaneous stay which is not public action and (or) movements of citizens person which was actually performing organizational and administrative functions on the organization or carrying out the mass simultaneous stay which is not public action and (or) movements of citizens in public places is recognized public places for the purposes of this Article.";

9) in Article 20.18:

a) the paragraph one after the word of "communications" to add with words ", except as specified, provided by part 3 of Article 20.2 and Article 20.2.2 of this Code,";

b) state paragraph two in the following edition:

"attracts imposing of administrative penalty on citizens at the rate from fifty thousand to hundred thousand rubles or obligatory works for a period of up to hundred hours; on officials - from hundred fifty thousand to three hundred thousand rubles; on legal entities - from two hundred fifty thousand to five hundred thousand rubles.";

10) Article 20.25 to add with part 4 following of content:

"4. Evasion from serving of obligatory works

attracts imposing of administrative penalty at the rate from hundred fifty thousand to three hundred thousand rubles or administrative detention for a period of up to fifteen days.";

11) in Article 23.1:

a) regarding 1 figure "20.2, 20.3," to replace with figures "20.2, 20.2.2, 20.3,";

b) in part 3:

add with the new paragraph third the following content:

"Cases on the administrative offenses provided by Articles 5. 38, 19.3, 20.1

20. 3, 20.18, 20.29 of this Code, are considered by judges of district courts.";

third - the fifth to consider paragraphs respectively paragraphs the fourth - the sixth;

12) in the paragraph the second part 3 of Article 25.1 of the word "administrative detention or administrative expulsion out of limits of the Russian Federation the foreign citizen or the stateless person" shall be replaced with words "administrative detention, administrative expulsion out of limits of the Russian Federation of the foreign citizen or the stateless person or obligatory works,";

Shall be replaced with words 13) in Item 14 of part 1 of Article 27.2 of the word "17:15 and 17.16 of this Code" "17.15, 17.16, parts 1 and 4 of Article 20.25 of this Code";

Shall be replaced with words 14) in Item 10 of part 1 of Article 27.3 of the word "17:15 and 17.16 of this Code" "17.15, 17.16, parts 1 and 4 of Article 20.25 of this Code";

15) in Article 28.3:

a) in Item 1 of part 2 of figure "20.2, 20.3," to replace with figures "20.2, 20.2.2, 20.3,";

b) to add Item 77 of part 2 after figures "19.7" with words ", part 4 of Article 20.25";

Part 2 of Article 31.6 after the words "resolution on administrative detention" to add 16) with words ", obligatory works";

Chapter 32 to add 17) with Article 32.13 of the following content:

"Article 32.13. Execution of the resolution on purpose of obligatory works

1. The judge's ruling on purpose of obligatory works is performed by the judicial police officer-contractor according to the procedure, established by the federal legislation.

2. Types of obligatory works and the list of the organizations for whom person who imposes administrative penalty in the form of obligatory works obligatory works leave are determined by local government bodies in coordination with territorial authorities of the federal executive body authorized on implementation of functions on forced execution of executive documents and providing established procedure of activity of the courts. Types of obligatory works for which accomplishment special skills or knowledge are required cannot be determined concerning persons which do not have such skills or knowledge.

3. Person to whom administrative penalty in the form of obligatory works is imposed is involved in serving of obligatory works no later than ten days from the date of excitement by the judicial police officer-contractor of enforcement proceeding.

4. Judicial police officers-contractors record persons to whom administrative penalty in the form of obligatory works is imposed, explain to such persons procedure and conditions of serving of obligatory works, approve the list of the organizations in which person who imposes administrative penalty in the form of obligatory works obligatory works leave with local government bodies, control behavior of such persons, keep total account of time worked them.

5. Person who imposes administrative penalty in the form of obligatory works shall follow regulations of the organizations for whom such persons leave obligatory works, to work honesty at the objects determined for them during the term of obligatory works established by court, to inform judicial pristavaispolnitel of change of the residence, and also to be on its challenge.

6. Provision to person to whom administrative penalty in the form of obligatory works is imposed of annual paid leave on principle place of employment does not stop execution of administrative punishment in the form of obligatory works.

7. Person to whom administrative penalty in the form of obligatory works is imposed has the right to take a legal action with the petition for release from further serving of obligatory works in case of recognition by his disabled person of I or II group, approaches of the pregnancy or serious illness interfering serving of obligatory works. About satisfaction of this petition the judge issues the decree on the termination of execution of the resolution on purpose of administrative punishment in the form of obligatory works.

8. Obligatory works are performed by person to whom administrative penalty in the form of obligatory works, on a grant basis is imposed.

9. The term of obligatory works is estimated in hours during which person to whom administrative penalty in the form of obligatory works is imposed left obligatory works.

10. Time of obligatory works cannot exceed four hours on the weekend and in days when person to whom administrative penalty in the form of obligatory works is imposed is not engaged at the main work, service or study; in the working days - two hours after completion of work, service or study, and with the consent of person to whom administrative penalty in the form of obligatory works is imposed, - four hours. Time of obligatory works within a week, as a rule, cannot be less than twelve hours. In the presence of reasonable excuses the judicial police officer-contractor has the right to permit person to whom administrative penalty in the form of obligatory works is imposed, to fulfill within a week smaller number of hours.

11. Control over the implementation by this person of the works determined for it, the notification of judicial pristavaispolnitel on the number of the fulfilled hours or on evasion of person to which administrative penalty in the form of obligatory works, from serving of obligatory works is imposed are assigned to administration of the organization in which person to whom administrative penalty in the form of obligatory works is imposed leaves obligatory works.

12. In case of evasion of person to which administrative penalty in the form of obligatory works is imposed from the serving of the obligatory works expressed in numerous refusal of performance of works, and (or) numerous absence of such person for obligatory works without valid excuse, and (or) numerous violation of labor discipline, supported by the documents of the organization in which person to whom administrative penalty in the form of obligatory works is imposed leaves obligatory works the judicial police officer-contractor constitutes the protocol on the administrative offense provided by part 4 of Article 20.25 of this Code.".

Article 2

Bring in the Federal Law of June 19, 2004 N 54-FZ "About meetings, meetings, demonstrations, processions and piketirovaniye" (The Russian Federation Code, 2004, N 25, Art. 2485; 2010, N 50, Art. 6602; 2011, N 50, Art. 7366) following changes:

1) in Article 5:

a) add part 2 with Item 1.1 of the following content:

"1. 1) person having not removed or unspent conviction for making of intentional crime against bases of the constitutional system and safety of the state or crime against public safety and public order or two and more times brought to the administrative responsibility for the administrative offenses provided by Articles 5. 38, 19.3, 20.1 - 20.3, 20.18, 20.29 Russian Federation Codes of Administrative Offences, during the term when person is considered subjected to administrative punishment;";

b) add part 3 with Item 6 of the following content:

"6) to demand from the authorized representative of law-enforcement body to remove from the venue of public action of persons who are not fulfilling legal requirements of the organizer of public action.";

c) in part 4:

state item 4 in the following edition:

"4) to demand from participants of public action of respect for public order and the regulations of holding public action, the termination of violation of the law;";

add with Item 7.1 of the following content:

"7. 1) to take measures for non-admission of exceeding of the public action of number of participants of public action specified in the notification carrying out if exceeding of number of such participants creates threat to public order and (or) public safety, safety of participants of this public action or other persons or threat of damnification to property;";

add with Item 11 of the following content:

"11) to demand from participants of public action not to hide the face, including not to use mask, contrivance, other objects which are specially intended for identification difficulty. Persons who did not obey to legal requirements of the organizer of public action can be removed from the venue of this public action.";

d) add with part 6 of the following content:

"6. The organizer of public action in case of non-execution of the obligations provided by part 4 of this Article by it bears civil responsibility for the harm done by participants of public action. Indemnification is performed according to the procedure of civil legal proceedings.";

2) Article 6 to add with part 4 following of content:

"4. Participants of public actions have no right:

1) to hide the face, including to use masks, contrivances, other objects which are specially intended for identification difficulty;

To have 2) in case of itself the weapon or objects used as weapon, explosive and flammable substances, to have in case of itself and (or) to drink the alcoholic and alcohol-containing products, beer and drinks made on its basis;

3) to be in the venue of public action in state of intoxication.";

3) Article 7 to add with part 1.1 following of content:

"1.1. The notification on the picketing performed by one participant is not required. The minimum admissible distance between persons performing the specified picketing is determined by the law of the subject of the Russian Federation. The specified minimum distance cannot be more than fifty meters. Set of the acts of the picketing performed by one participant, combined by single intention and the general organization can be recognized as the judgment on specific civil, administrative or criminal case by one public action.";

4) in Article 8:

a) add with part 1.1 following of content:

"1.1. Executive bodies of the subject of the Russian Federation determine single specially allotted or adapted for collective discussion of socially significant questions and expression of public moods, and also for mass presence of citizens for public expression of public opinion on occasion of urgent problems of mainly social and political nature of the place (further - specially allotted places). Procedure for use of specially allotted places, regulations of their extreme fillability and the extreme number of persons participating in public actions, the notification on whose carrying out is not required, are established by the law of the subject of the Russian Federation, at the same time the specified extreme number cannot be less than hundred people.";

b) add with part 1.2 following of content:

"1.2. In case of determination of specially allotted places and establishment of procedure for their use the possibility of goal achievement of public actions, transport availability of specially allotted places, possibility of use by organizers and participants of public actions of infrastructure facilities, respect for sanitary standards and rules, safety of organizers and participants of public actions, other persons shall be provided. In case of the direction at the same time the priority of use of specially allotted places is determined by organizers of several public actions of notifications on holding public actions in specially allotted places proceeding from time of receipt of the adequate notice by executive body of the subject of the Russian Federation or local government body.";

c) add with part 2.1 following of content:

"2.1. After determination of the subject of the Russian Federation by executive body according to part 1.1 of this Article of specially allotted places public events are held, as a rule, in the specified places. Holding public action out of specially allotted places is allowed only after approval of executive body of the subject of the Russian Federation or local government body. The executive body of the subject of the Russian Federation or local government body refuses approval of holding public action only in the presence of the bases provided by part 3 of article 12 of this Federal Law.";

d) add with part 2.2 following of content:

"2.2. For the purpose of protection of rights and freedoms of man and citizen, law enforcement, law and order, public safety the law of the subject of the Russian Federation in addition determines places in which holding meetings, meetings, processions, demonstrations is forbidden including if holding public actions in the specified places can entail violation of functioning of critical infrastructure, transport or social infrastructure, communication, to create hindrances to movement of pedestrians and (or) vehicles or access for citizens to premises or objects of transport or social infrastructure.";

Shall be replaced with words 5) in Article 9 of the word "after 23 hours" "after 22 hours, except for the public actions devoted to memorials of Russia, public actions of cultural content";

6) regarding 1 Article 10 of the word of "submission of the notification on carrying out" shall be replaced with words "approvals of executive body of the subject of the Russian Federation or local government body of the place and (or) time of carrying out";

7) in Article 12:

a) to add Item 3 of part 1 with the words "and in law-enforcement body for the organization of interaction for proper ensuring public safety of participants of public action and other persons";

b) add with part 3 following of content:

"3. The executive body of the subject of the Russian Federation or local government body refuses approval of holding public action only in cases if the notification on its carrying out is submitted by person who according to this Federal Law has no right to be the organizer of public action or if in the notification as the venue of public action the place in which according to this Federal Law or the law of the subject of the Russian Federation holding public action is forbidden is specified.";

To add Article 16 with Item 3 following of content:

"3) non-execution by the organizer of public action of the obligations provided by part 4 of article 5 of this Federal Law.".

Article 3

1. This Federal Law becomes effective from the date of its official publication, except for the subitem "b" of Item 11 of article 1 of this Federal Law.

2. The subitem "b" of Item 11 of article 1 of this Federal Law becomes effective since January 1, 2013.

3. Provisions of the Russian Federation Code of Administrative Offences (in edition of this Federal Law) in the form of obligatory works are applied to administrative punishment since January 1, 2013.

4. The laws of subjects of the Russian Federation specified regarding 1.1 Articles 7, parts 1.1, 1.2 and 2.2 of article 8 of the Federal Law of June 19, 2004 N 54-FZ "About meetings, meetings, demonstrations, processions and piketirovaniye" (in edition of this Federal Law), and the decisions of executive bodies of subjects of the Russian Federation specified regarding 1.1 articles 8 of the Federal Law of June 19, 2004 N 54-FZ "About meetings, meetings, demonstrations, processions and piketirovaniye" (in edition of this Federal Law), shall be accepted and become effective no later than December 31, 2012.

 

 

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