FEDERAL LAW OF THE RUSSIAN FEDERATION

of October 21, 2013 No. 274-FZ

About introduction of amendments to the Russian Federation Code of Administrative Offences and the Federal Law "About Advertising" in connection with adoption of the Federal Law "About Protection of Public Health from Impact of Environmental Tobacco Smoke and Effects of Consumption of Tobacco"

Accepted by the State Duma of the Russian Federation on October 15, 2013

Approved by Council of the Russian Federation on October 16, 2013

Article 1

Bring in the Russian Federation Code of Administrative Offences (The Russian Federation Code, 2002, No. 1, Art. 1; No. 18, Art. 1721; No. 44, Art. 4295; 2003, No. 27, Art. 2700, 2708, 2717; No. 46, Art. 4434, 4440; No. 50, Art. 4847, 4855; 2004, No. 31, Art. 3229; No. 34, Art. 3529, 3533; 2005, No. 1, Art. 9, 13, 37, 40, 45; No. 10, Art. 763; No. 13, Art. 1075, 1077; No. 19, Art. 1752; No. 27, Art. 2719, 2721; No. 30, Art. 3104, 3124, 3131; No. 50, Art. 5247; No. 52, Art. 5574; 2006, No. 1, Art. 4, 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, 3433, 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; No. 41, Art. 4845; No. 43, Art. 5084; 2008, No. 18, Art. 1941; No. 20, Art. 2251; No. 29, Art. 3418; No. 30, Art. 3604; No. 52, Art. 6227, 6236; 2009, No. 7, Art. 777; No. 23, Art. 2759, 2776; No. 26, Art. 3120, 3122; No. 29, Art. 3597, 3599, 3635, 3642; No. 30, Art. 3739; No. 48, Art. 5711, 5755; No. 52, Art. 6406, 6412; 2010, No. 1, Art. 1; No. 21, Art. 2525, 2530; No. 23, Art. 2790; No. 25, Art. 3070; No. 30, Art. 4006, 4007; No. 31, Art. 4164, 4195, 4207, 4208; No. 32, Art. 4298; No. 49, Art. 6409; No. 52, Art. 6984; 2011, No. 1, Art. 10, 23, 29, 54; No. 7, Art. 901; No. 15, Art. 2039; No. 17, Art. 2310; No. 23, Art. 3260; No. 27, Art. 3873, 3881; No. 29, Art. 4298; No. 30, Art. 4573, 4585, 4590, 4598, 4600, 4601, 4605; No. 46, Art. 6406; No. 48, Art. 6728; No. 49, Art. 7061; No. 50, Art. 7342, 7345, 7346, 7351, 7352, 7355, 7362, 7366; 2012, No. 6, Art. 621; No. 10, Art. 1166; No. 18, Art. 2126, 2128; No. 19, Art. 2278, 2281; No. 24, Art. 3069, 3082; No. 25, Art. 3268; No. 29, Art. 3996; No. 31, Art. 4320, 4322, 4330; No. 41, Art. 5523; No. 47, Art. 6402, 6403, 6404; No. 49, Art. 6757; No. 53, Art. 7577, 7602, 7640; 2013, No. 8, Art. 720; No. 14, Art. 1651, 1658, 1666; No. 19, Art. 2319, 2323, 2325; No. 23, Art. 2871; No. 26, Art. 3207, 3208; No. 27, Art. 3454; No. 30, Art. 4025, 4027, 4029, 4030, 4031, 4032, 4033, 4034, 4036, 4040, 4044, 4078, 4082; No. 31, Art. 4191) following changes:

Chapter 6 to add 1) with Articles 6. 23, 6.24 and 6.25 following contents:

"Article 6.23. Involvement of the minor in tobacco consumption process

1. Involvement of the minor in tobacco consumption process -

attracts imposing of administrative penalty on citizens at the rate from one thousand to two thousand rubles.

2. The same actions made by parents or other legal representatives of the minor -

attract imposing of administrative penalty on citizens at the rate from two thousand to three thousand rubles.

Article 6.24. Violation of the tobacco smoking prohibition established by the Federal Law in the separate territories, in rooms and on objects

1. Violation of the tobacco smoking prohibition established by the Federal Law in the separate territories, in rooms and on the objects, except as specified, provided by part 2 of this Article -

attracts imposing of administrative penalty on citizens in the amount of five hundred to one thousand five hundred rubles.

2. Violation of the tobacco smoking prohibition established by the Federal Law at playgrounds -

attracts imposing of administrative penalty on citizens at the rate from two thousand to three thousand rubles.

Article 6.25. Non-compliance with requirements to sign about smoking prohibition, to allocation and equipping of special smoking areas of tobacco or non-execution of obligations on control of observance of regulations of the legislation in the field of protection of public health from impact of environmental tobacco smoke and effects of consumption of tobacco

1. Non-compliance with requirements to the sign about smoking prohibition designating the territories, buildings and objects where smoking is forbidden and to procedure for its placement -

attracts imposing of administrative penalty on officials at the rate from ten thousand to twenty thousand rubles; on legal entities - from thirty thousand to sixty thousand rubles.

2. Non-compliance with requirements to allocation and equipment of special places in the open air for tobacco smoking or to allocation and the equipment of the isolated rooms for tobacco smoking -

attracts imposing of administrative penalty on officials at the rate from twenty thousand to thirty thousand rubles; on legal entities - from fifty thousand to eighty thousand rubles.

3. Non-execution by the individual entrepreneur or legal entity of obligations on control of observance of regulations of the legislation in the field of protection of public health from impact of environmental tobacco smoke and effects of consumption of tobacco in the territories and in the rooms used for implementation of the activities -

attracts imposing of administrative penalty on individual entrepreneurs at the rate from thirty thousand to forty thousand rubles; on legal entities - from sixty thousand to ninety thousand rubles.";

2) part 3 of Article 11.17 to recognize invalid;

3) in Chapter 14:

a) the paragraph one of part 1 of Article 14.3 after words "parts 2 - the 5th this Article," to add with words "part 4 of Article 14.3. 1,";

b) add with Article 14.3.1 of the following content:

"Article 14.3.1. Tobacco sponsorship, sales promotion of tobacco, tobacco products or tobacco products and (or) consumption of tobacco or advertizing of tobacco, tobacco products, tobacco products or smoking accessories

1. Sponsorship of tobacco or sales promotion of tobacco, the tobacco products or tobacco products and (or) consumption of tobacco, except as specified, provided by parts 2 and 3 of this Article -

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

2. Demonstration of tobacco products or process of consumption of tobacco in newly created and intended for adult audiovisual works, including TV and videos, in theatrical and spectacular representations, in radio - TV, video and film chronicle programs or public performance, the message in ether, on cable or any other use of the specified works, representations, programs in which demonstration of tobacco products and process of consumption of tobacco is performed, except as specified, if such action is integral part of artistic design, -

attracts imposing of administrative penalty on officials at the rate from twenty thousand to forty thousand rubles; on legal entities - from hundred thousand to hundred seventy thousand rubles.

3. Demonstration of tobacco products or process of consumption of tobacco in the newly created and intended for children audiovisual works, including TV and videos, in theatrical and spectacular representations, in radio - TV, video and film chronicle programs or public performance, the message in ether, on cable or any other use of the specified works, representations, programs in which demonstration of tobacco products and process of consumption of tobacco is performed, -

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

4. Violation by the advertiser, advertisement producer or advertizing distributor of prohibition of advertizing of tobacco, tobacco products, tobacco products or smoking accessories -

attracts imposing of administrative penalty on citizens at the rate from three thousand to four thousand rubles; on officials - from ten thousand to twenty five thousand rubles; on legal entities - from hundred fifty thousand to six hundred thousand rubles.

5. Non-execution of obligation of broadcast of social advertizing about harm of consumption of tobacco in case of demonstration of audiovisual works, including TV and videos, TV, video and film chronicle programs in which demonstration of tobacco products or process of consumption of tobacco is performed, -

attracts imposing of administrative penalty on officials at the rate from ten thousand to twenty thousand rubles; on legal entities - from hundred thousand to two hundred thousand rubles.";

c) add with Article 14.53 of the following content:

"Article 14.53. Non-compliance with restrictions and violation of prohibitions in the field of trade in tobacco products and tobacco products

1. Non-compliance with restrictions in the field of trade in tobacco products and tobacco products -

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

2. Wholesale or retail sale nasvy -

attracts imposing of administrative penalty on citizens at the rate from two thousand to four thousand rubles; on officials - from seven thousand to twelve thousand rubles; on legal entities - from forty thousand to sixty thousand rubles.

3. Sale to the minor of tobacco products or tobacco products -

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 hundred thousand to hundred fifty thousand rubles.";

Part 1 of Article 23.2 after figures "6.10," to add 4) with figures "6.23,";

5) in Article 23.3:

a) regarding 1 word "provided by Articles" shall be replaced with words "stipulated in Article 6.24 (regarding the administrative offenses made in public places), Articles", words "parts 1, 2 and 3 Articles 11." Shall be replaced with words 17, "parts 1 and 2 of Article 11. 17,", after figures "13.24," to add with words "part 1 of Article 14.3.1 (regarding administrative prosecution for distribution of tobacco products or tobacco products among the population it is free, including in the form of gifts),", after figures "14.26," to add with words "part 2 of Article 14. 53,";

b) in part 2:

in Item 1 of the word "provided by Articles" shall be replaced with words "stipulated in Article 6.24 (regarding the administrative offenses made in public places), Articles", after figures "13.24," to add with words "part 1 of Article 14.3.1 (regarding administrative prosecution for distribution of tobacco products or tobacco products among the population it is free, including in the form of gifts),", after figures "14.26," to add with words "part 2 of Article 14. 53,";

in Item 2 after the word "provided" to add with words "Article 6.24 (regarding the administrative offenses made in public places),", words "parts 1, 2 and 3 Articles 11." Shall be replaced with words 17, "parts 1 and 2 of Article 11. 17,", after figures "14.26," to add with words "part 2 of Article 14. 53,";

in Item 3 after the word "provided" to add with words "Article 6.24 (regarding the administrative offenses made in public places),", words "parts 1, 2 and 3 Articles 11. 17, Articles 13." Shall be replaced with words 24, "parts 1 and 2 of Article 11. 17, Article 13. 24, part 2 of Article 14. 53, Article";

in item 4 after the word "provided" to add with words "Article 6.24 (for making of violations on rail transport),", words "parts 1, 2 and 3 Articles 11.17 (for making of violations on rail transport)" shall be replaced with words "parts 1 and 2 of Article 11.17 (for making of violations on rail transport), part 2 of Article 14.53 (for making of violations on rail transport)";

"stipulated in Article" to add Item 9 after words with the words "6.24 (regarding the administrative offenses made in public places), Article";

Part 1 of Article 23.13 after words "provided by Articles 6.3 - 6.7," to add 6) with figures "6.24, 6.25,";

Part 1 of Article 23.34 after the words "provided by Articles" to add 7) with figures "6.24, 6.25,";

8) in Article 23.36:

a) regarding 1 word "stipulated in Article" shall be replaced with words "provided by part 1 of Article 6. 24, Article 6. 25, Article";

b) in part 2:

in Item 1 of the word "stipulated in Article" shall be replaced with words "provided by part 1 of Article 6. 24, Article 6. 25, Article";

in Item 2 of the word "stipulated in Article 8.2" shall be replaced with words "provided by part 1 of Article 6. 24, Article 6. 25, Article 8.2";

in Item 3 of the word "stipulated in Article 7.7" shall be replaced with words "provided by part 1 of Article 6. 24, Article 6. 25, Article 7.7";

in item 4 of the word "stipulated in Article" shall be replaced with words "provided by part 1 of Article 6. 24, Article 6. 25, Article";

Part 1 of Article 23.44 after figures "13.18," to add 9) with words "parts 2, of the 3 and 5 Article 14.3. 1,";

10) part 1 of Article 23.48 after words "Articles 9. 14.3," to add 21, with words "parts 4 and 5 of Article 14.3. 1, Articles";

"Articles 14.2" shall be replaced with words 11) regarding 1 Article 23.49 of the word "Article 14. 2, part 1 of Article 14.3. 1, Article", after words "part 1 of Article 14." To add 51, with words "Article 14. 53,";

Part 1 of Article 23.55 after the word "provided" to add 12) with words "Article 6.24 (regarding tobacco smoking in elevators and rooms public of apartment houses),";

13) in Article 28.3:

a) in part 2:

to add Item 1 after figures "6.21," with figures "6.23,";

Item 18 after figures "6.16." To add 1, with words "Article 6.24 (regarding tobacco smoking in the territories and in the rooms intended for rendering medical, rehabilitation and sanatorium services), Articles 6. 25,";

Item 96 after words "Article 13." To add 21, with words "part 3 of Article 14.3. 1,";

b) to add Item 2 of part 5 after figures "6.10" with figures ", 6.23".

Article 2

Bring in the Federal Law of March 13, 2006 No. 38-FZ "About advertizing" (The Russian Federation Code, 2006, No. 12, Art. 1232; 2007, No. 7, Art. 839; 2010, No. 21, Art. 2525; 2011, No. 23, Art. 3255; No. 30, Art. 4566, 4600; 2013, No. 19, Art. 2325; No. 30, Art. 4033) following changes:

Article 7 to add 1) with Item 8 of the following content:

"8) tobacco, tobacco products, tobacco products and smoking accessories, including tubes, hookahs, cigarette paper, lighters.";

2) Article 23 to recognize invalid;

3) in Article 38:

a) in part 6 of the word "parts 1 and 3 of Article 23," to exclude;

b) in part 7 of the word "parts 2 - 23," to exclude 4 Articles.

Article 3

Recognize invalid:

1) the paragraph the fourth Item 189 of article 1 of the Federal Law of June 22, 2007 No. 116-FZ "About introduction of amendments to the Russian Federation Code of Administrative Offences regarding change of method of expression of the cash collection imposed for administrative offense" (The Russian Federation Code, 2007, No. 26, the Art. 3089);

2) Item 26 of article 1 of the Federal Law of December 28, 2009 No. 380-FZ "About introduction of amendments to the Russian Federation Code of Administrative Offences" (The Russian Federation Code, 2010, No. 1, the Art. 1).

Article 4

1. This Federal Law becomes effective since November 15, 2013, except for provisions for which this Article establishes other term of their introduction in force.

2. Paragraphs the eleventh and twelfth the subitem "b" of Item 3 of article 1 of this Federal Law become effective since June 1, 2014.

 

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