LAW OF THE REPUBLIC OF BELARUS

of July 12, 2013 No. 64-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 26, 2013 approved by Council of the Republic on June 28, 2013

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; No. 139, 2/1004; 2004, No. 107, 2/1048; 2005, No. 74, 2/1112; No. 120, 2/1128, 2/1129; No. 121, 2/1137; No. 179, 2/1151; 2006, No. 7, 2/1188; No. 78, 2/1207, 2/1211, 2/1212; No. 106, 2/1233, 2/1234; No. 107, 2/1235; No. 111, 2/1242; No. 112, 2/1244, 2/1245; No. 122, 2/1259; 2007, No. 4, 2/1296; No. 118, 2/1307, 2/1309; No. 120, 2/1325; No. 121, 2/1326; No. 132, 2/1330; No. 146, 2/1332; No. 160, 2/1343; No. 170, 2/1348; No. 175, 2/1370, 2/1371; No. 263, 2/1376; No. 305, 2/1397, 2/1401; 2008, No. 14, 2/1417; No. 196, 2/1525; 2010, No. 16, 2/1651; No. 162, 2/1701; No. 183, 2/1718; No. 300, 2/1750; 2011, No. 4, 2/1777; National legal Internet portal of the Republic of Belarus, 19.07. 2012, 2/1961) following changes and amendments:

1. Regarding 1 Article 1.2 "sanitary and epidemic" to replace the word with the word of "sanitary and epidemiologic".

2. In part 7 of Article 2.4:

state Item 6 in the following edition:

"6) movement of goods through customs border of the Customs union out of the places determined by the legislation or in unspecified time (Article 14. 1);";

Item 9 after the word "destruction" to add with the word", withdrawal".

3. In Article 2.8 of the word of "administrative punishment" shall be replaced with words "the main and additional administrative punishments".

4. In Article 4.3:

in part 2:

to add Item 1 after the word "damages" with the words "and other violent acts";

in Item 6 to replace the word "kindling" with the word "cultivation";

in Item 8 of the word "the first or third, fifth" to replace with figures "1-3, 5";

regarding 3 words "first or second" shall be replaced with words "1 or 2".

5. In Article 4.5:

to add Item 1 after the word "damages" with the words "and other violent acts";

in Item 81 of figure "1-3" shall be replaced with words "1 and 2".

6. Regarding the 2nd Article 4.7 to replace the word of "first" with figure "1".

7. In Article 4.8:

state part 2 in the following edition:

"2. The legal entity bears the administrative responsibility if it is provided by the sanction of Article of the Special part of this Code.";

add part 7 with words ", except for the case specified in Article 8.8 of this Code".

8. State Article 5.5 in the following edition:

"Article 5.5. Other circumstances excluding act recognition by administrative offense

Are not administrative offenses on condition of elimination of violations and (or) compensation caused to the state or other persons of harm within three working days from the date of signing of the inspection statement, carried out according to the legal acts determining single procedure for carrying out control (supervising) activities in the Republic of Belarus:

failure to pay or incomplete payment by the payer, other obliged person (except for the official of the legal entity) taxes, charges (duties), other obligatory payments in republican or local budgets (further in this Article - other obligatory payments) which accounting is performed by tax authorities, in the amount of no more than one percent from the amounts of taxes, charges (duties), other obligatory payments estimated in such persons which accounting is performed by tax authorities, following the results of each calendar year (its part if part of calendar year was subject to check);

failure to pay or incomplete payment by the official of the legal entity of taxes, charges (duties), other obligatory payments which accounting is performed by tax authorities if the amount of the additionally accrued taxes, charges (duties), other obligatory payments for the period of accomplishment by the official of the corresponding functions (but no more than for the checked period) does not exceed one percent from total amount estimated in the payer, other obliged person for the specified period of the amounts of taxes, charges (duties), other obligatory payments which accounting is performed by tax authorities;

the non-execution or improper execution of other obligations which entailed causing property harm, including overestimate of cost of such obligations to the budget in the amount of no more than one percent from being subject to obligation fulfillment for the checked period (for the official of the legal entity - for the period accomplishment of the corresponding functions by it, but no more than for the checked period), and also use of money and inventory items with violation of requirements of the legislation of the amount no more than ten basic sizes.".

9. From part 4 of Article 6. 1, paragraph one of Article 9. 5, paragraph one of Article 11. 31, paragraph one of Article 12. 8, paragraph one of part 2 of Article 15. 46, name and paragraph one of Article 15. 62, paragraph one of Article 18. 18, paragraph one of part 1 of Article 20. 1, paragraph one of part 1 of Article 23. 12, paragraph one of Article 23. 39, paragraph one of part 2 Articles

23. Paragraph one of Article 23.51 and paragraph one of Article 23.60 of the word "Republic of Belarus" to exclude 43,.

10. In Article 6.2:

to exclude 9 parts of 1 word of "subject of administrative offense" from Item;

regarding 3 words "the case provided" shall be replaced with words "the cases provided";

state part 4 in the following edition:

"4. Administrative punishments in the form of administrative detention for making of administrative offense, stipulated in Article 9.27 of this Code, and also in the form of deprivation of the right to be engaged in the activities connected with control of vehicles are imposed by law-enforcement bodies.".

11. In Article 6.3:

to exclude from parts 3 and 5 of the word of "subject of administrative offense";

to exclude from part 4 of the word "from among specified in the sanction of Article of the Special part of this Code, except for penalties of cost of subject of administrative offense".

12. In Article 6.5:

to exclude from part 1 of the word "Republic of Belarus";

state part 6 in the following edition:

"6. In case of the imposing of penalty on physical person according to the procedure established by part 3 of article 10.3 of the Procedural and executive code of the Republic of Belarus about administrative offenses the lower limit of penalty provided for committed offense, and in case of its not establishment in the sanction of Article of the Special part of this Code - no more than five tenth basic size is applied.";

in Item 1 of part 7:

after the word "articles" to add Item with words "(parts of Article when Article consists of several parts)";

shall be replaced with words the words "or confiscation" ", confiscation or deportation".

13. In Article 6.6:

in part 2 to replace the word of "first" with figure "1";

regarding 3 words "second" and "first" to replace respectively with figures "2" and "1".

14. Part 3 of Article 6. Paragraph one of part 2 of Article 18.23 and paragraph one of part 1 of Article 18.25 after the word "psychotropic" to add 8, with words "substances, their analogs".

15. State Article 6.9 in the following edition:

"Article 6.9. Deprivation of the right to be engaged in certain activities

1. Deprivation of the right to be engaged in certain activities is applied taking into account nature of the committed administrative offense connected with control of vehicles or with occupation type of activity on which implementation special permission (license) is required if there is acknowledged impossible preserving behind physical person or legal entity of the right to be engaged in such type of activity. Deprivation of the right to be engaged in the activities connected with control of vehicles can be applied to the person who does not have the right of control of vehicles, made administrative offense for which according to the Special part of this Code administrative punishment in the form of deprivation of the right of control of vehicles can be imposed.

2. Deprivation of the right to be engaged in certain activities is established for a period of six months up to one year. Deprivation of the right to be engaged in the activities connected with control of vehicles is established within term of deprivation of the right of the control of vehicles specified in the sanction of Article of the Special part of this Code.".

16. To state part 3 of Article 6.10 in the following edition:

"3. Confiscations the goods which are the subject of administrative customs offense for which making confiscation of such goods, its committing by persons acquired later is provided which was not making this administrative customs offense, which are not subject:

1) are placed under customs procedure of release for internal consumption according to the procedure, established by international treaties and other acts of the legislation;

2) are acquired in the territory of the Republic of Belarus at the physical person who is not the individual entrepreneur for the private, family, house consumption and other similar use which is not connected with business activity if the acquirer did not know and could not know about making of this administrative offense;

3) are acquired in retail trade.".

17. State Article 6.12 in the following edition:

"Article 6.12. Collection of cost

1. Collection of cost consists in forced withdrawal and the address to property of the state of the sum of money constituting the cost of subject of administrative offense, tools and means of making of administrative offense.

2. Collection of cost can be applied if confiscation of subject of administrative offense, tools and (or) means of making of administrative offense is provided in the sanction of Article of the Special part of this Code:

1) in the absence of the property which is subject of administrative offense, the tool or means of making of administrative offense;

2) in case of impossibility of realization or economic inexpediency of realization of the property which is subject of administrative offense, the tool or means of making of administrative offense;

3) if the property which is subject of administrative offense, the tool or means of making of administrative offense is not in property (on the right of economic maintaining, operational management) person who made administrative offense.

Note. The provision of Item 3 of part 2 of this Article is not applied when imposing administrative punishment for making of administrative customs offense.".

18. Regarding 1 Article 7.1 of the word "or collection of cost of subject of administrative offense" shall be replaced with words ", collection of cost or deprivation of the right to be engaged in the activities connected with control of vehicles".

19. To add Items 5 and 6 of part 1 of Article 7.2 after the word "offenses" with words "physical person".

20. In Article 7.3:

9 parts 1 after the word "psychotropic" to add Item with words "substances, their analogs";

in part 2 to replace the word of "first" with figure "1".

21. To state Item 3 of part 2 of Article 7.4 in the following edition:

"3) deprivation of the right to be engaged in certain activities - two years, except for deprivations of the right to be engaged in the activities connected with control of vehicles which term cannot exceed five years;".

22. In Article 7.6:

in part 1:

add Items 1 and 2 with words "if other is not provided by this Article";

state Items 3-5 in the following edition:

"3) for making of administrative offense against ecological safety, the environment and procedure for environmental management - no later than six months from the date of its making, and for making of administrative offenses, stipulated in Article 15.21, parts 1 and 2 of Article 15. 22, part 1 of Article 15. 26, Article

15. 30, parts 3-7 of Article 15. 32, part 2 of Article 15. 35, part 2 of Article 15. 37, Article

15. 51, part 1 of Article 15.63 of this Code, - no later than three years from the date of making and six months from the date of detection of administrative offense;

4) for making of administrative offense in the field of finance, the security market, banking and business activity, against procedure for the taxation and customs regulation, and also administrative offenses provided by Articles 9. 24, 20.1, 21.1-21.4, 21.6-21.8, 21.12, 21.17,

23.7-23. 9, 23.11-23.13, 23.20, 23.23, parts 1, 2, 5 and 6 Article 23. 27, Articles 23. 36, 23.37,

23. 42, part 1 of Article 23. 45, Articles 23. 52, 23.57, 23.74, 23.75, 23.80 of this Code, - no later than three years from the date of making and six months from the date of detection of administrative offense, except for the administrative offenses provided by Articles 11. 61, 13.1, 13.8-13.11 of this Code, made by the physical persons who are not individual entrepreneurs for which administrative punishment can be imposed no later than one year from the date of making of administrative offense, Article

13:14 of this Code for which administrative punishment can be imposed no later than two years from the date of making and two months from the date of detection of administrative offense;

5) for making of administrative offenses, stipulated in Article

9. 21, parts 3 and 4 of Article 23. 27, part 1 of Article 23.55 of this Code, - no later than one year from the date of making of administrative offense;";

state Item 7 in the following edition:

"7) for making of administrative offense, stipulated in Article

23.79 of this Code, - no later than two years from the date of making and two months from the date of detection of administrative offense.";

add part 2 with the second offer of the following content: "At the same time in case of numerous cancellation of the resolution on the case of administrative offense administrative punishment cannot be imposed after eight months from the date of cancellation of the first resolution.".

23. State Article 7.9 in the following edition:

"Article 7.9. Imposing of administrative punishment in the presence of the circumstances mitigating the administrative responsibility

In the presence of at least one of the attenuating circumstances specified in Items 3 and 5 of part 1 of Article 7.2 of this Code, and lack of aggravating circumstances, provided by Items 1, 3-9 and 11 parts 1 of Article 7.3 of this Code, administrative punishments in the form of penalty are imposed in the amount of, reduced twice, or in the limits set in sanctions of Articles of the Special part of this Code of the minimum and maximum sizes reduced twice.".

24. In Article 8.3:

to replace the word of "first" with figure "1";

add Article with the second offer of the following content: "The legal entity who made administrative offense can be exempted from the administrative responsibility in the presence of the circumstance specified in Item 3 of part 1 of Article 7.2 of this Code.".

25. To exclude from Article 8.5 of the word of "subject of administrative offense".

26. Add the Code with Article 8.8 of the following content:

"Article 8.8. Release from the administrative responsibility for the offense which is not connected with receipt of benefit of property nature

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