FEDERAL LAW OF THE RUSSIAN FEDERATION

of November 2, 2013 No. 285-FZ

About introduction of amendments to the Russian Federation Code of Administrative Offences and article 3 of the Federal law "About Introduction of Amendments to the Federal Law "About Traffic Safety" and the Russian Federation Code of Administrative Offences"

Accepted by the State Duma of the Russian Federation on October 25, 2013

Approved by Council of the Russian Federation on October 30, 2013

Article 1

Bring in the Russian Federation Code of Administrative Offences (The Russian Federation Code, 2002, No. 1, Art. 1; No. 30, Art. 3029; No. 44, Art. 4295; 2003, No. 27, Art. 2700, 2708, 2717; No. 46, Art. 4434; No. 50, Art. 4847; 2004, No. 31, Art. 3229; No. 34, Art. 3529, 3533; No. 44, Art. 4266; 2005, No. 1, Art. 13, 40, 45; No. 13, Art. 1075, 1077; No. 19, Art. 1752; No. 27, Art. 2719, 2721; No. 30, Art. 3104, 3131; No. 50, Art. 5247; No. 52, Art. 5574; 2006, No. 1, Art. 4; No. 2, Art. 172; No. 6, Art. 636; No. 17, Art. 1776; No. 18, Art. 1907; No. 19, Art. 2066; No. 31, Art. 3438; No. 45, Art. 4641; No. 50, Art. 5281; No. 52, Art. 5498; 2007, No. 1, Art. 25; No. 7, Art. 840; No. 15, Art. 1743; No. 16, Art. 1825; No. 26, Art. 3089; No. 30, Art. 3755; No. 31, Art. 4007, 4008; No. 41, Art. 4845; No. 46, Art. 5553; 2008, No. 20, Art. 2251, 2259; No. 30, Art. 3604; No. 49, Art. 5745; No. 52, Art. 6235, 6236; 2009, No. 1, Art. 17; No. 7, Art. 777; No. 23, Art. 2759; No. 26, Art. 3120, 3132; No. 29, Art. 3597, 3642; No. 30, Art. 3739; No. 48, Art. 5711, 5724; No. 52, Art. 6412; 2010, No. 1, Art. 1; No. 18, Art. 2145; No. 19, Art. 2291; No. 21, Art. 2525; No. 23, Art. 2790; No. 27, Art. 3416; No. 30, Art. 4002, 4006, 4007; No. 31, Art. 4158, 4164, 4192, 4193, 4206, 4207, 4208; No. 41, Art. 5192; 2011, No. 1, Art. 10, 23; No. 15, Art. 2039; No. 17, Art. 2310; No. 19, Art. 2714, 2715; No. 23, Art. 3260; No. 27, Art. 3873; No. 29, Art. 4290; No. 30, Art. 4585, 4590, 4598, 4600, 4601, 4605; No. 46, Art. 6406; No. 47, Art. 6602; No. 48, Art. 6728; No. 49, Art. 7025, 7061; No. 50, Art. 7342, 7345, 7346, 7351, 7355, 7362, 7366; 2012, No. 6, Art. 621; No. 10, Art. 1166; No. 15, Art. 1724; No. 24, Art. 3068, 3069, 3082; No. 29, Art. 3996; No. 31, Art. 4320, 4330; No. 47, Art. 6402, 6403, 6404, 6405; No. 49, Art. 6757; No. 53, Art. 7577, 7602, 7641; 2013, No. 14, Art. 1657, 1666; No. 19, Art. 2323, 2325; No. 26, Art. 3207, 3208, 3209; No. 27, Art. 3454, 3469, 3470, 3477, 3478; No. 30, Art. 4025, 4029, 4030, 4031, 4032, 4034, 4036, 4040, 4044, 4082; No. 31, Art. 4191; Official Internet portal of legal information (www.pravo.gov.ru), on October 21, 2013, 0001201310210022, 0001201310210031) following changes:

1) in Article 3.5:

a) in part 1:

word in paragraph one "for legal entities - one million rubles, in the cases provided by part 1 of Article 7. 13, Articles 7.14. 14.40" shall be replaced with words 2, "for legal entities - one million rubles, in the cases provided by Articles 6. 19, 6.20, part 1 of Article 7. 13, Article 7.14. 2, part 2 of Article 14. 32, Articles 14.40";

"revenues of the offender from sales of goods (work, service) in whose market the administrative offense is made," to add Item 3 after words with the words "or expense amount of the offender on purchase of goods (works, services) in which market the administrative offense is made", after the words "sales activity" to add with the words "or to acquisition";

add with Item 9 of the following content:

"9) differences of the amount of administrative penalty which would be imposed for making of administrative offense in case of submission of the authentic data (information) necessary for calculation of the size of administrative penalty, and the amount of the imposed administrative penalty.";

b) part 4 after the words "from the amount of revenue of the offender from sales of goods (work, service) in whose market the administrative offense is made" to add with the words "or from expense amount of the offender on purchase of goods (works, services) in which market the administrative offense is made", after the words "sales activity" to add with the words "or to acquisition";

c) add with part 4.2 following of content:

"4.2. The size of the administrative penalty estimated proceeding from difference of the amount of administrative penalty which would be imposed for making of administrative offense in case of submission of the authentic data (information) necessary for calculation of the size of administrative penalty, and the amount of the imposed administrative penalty cannot exceed the tenfold size of the imposed administrative penalty.";

Part 1 of Article 4.5 after the words "about enforcement proceeding" to add 2) with words ", about foreign investments in the territory of the Russian Federation, and also for administrative offenses against procedure for management (regarding non-presentation or untimely submission to federal antimonopoly authority or its territorial authority according to their requirement of the data (information) necessary for calculation of the size of administrative penalty, or submission to federal antimonopoly authority or its territorial authority of obviously false information (information) necessary for calculation of the size of administrative penalty)";

3) in Article 14.31:

a) "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 part 2 paragraph two after words with the words "or the size of expense amount of the offender on purchase of goods (works, services) in which market the administrative offense is made", after the words "the amount of revenue of the offender from sales of goods (work, service) in whose market the administrative offense is made", to add with the words "or expense amount of the offender on purchase of goods (works, services) in which market the administrative offense is made";

b) add the note 1 with words ", and expenses on purchase of goods (works, services) are determined according to articles 254 and 268 of the Tax Code of the Russian Federation";

c) to state Item 3 of the note 3 in the following edition:

"3) making of the administrative offense provided by part 7 of Article 19.8 of this Code if for this administrative offense person already underwent to administrative punishment on which term, stipulated in Article 4.6 of this Code did not expire. This circumstance can be applied only to that administrative offense within case on which the data (information) necessary for calculation of the size of administrative penalty were requested.";

d) add the note 4 with the new second offer of the following content: "In the presence of the circumstances provided by Items 5 and 6 of part 1 of Article 4.2 of this Code, 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.", after the words "In the presence of the Circumstances Mitigating the Administrative Responsibility" to add with the words "except for the circumstances provided by Items 5 and 6 of part 1 of Article 4.2 of this Code";

4) in Article 14.32:

a) 1 after words "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 paragraph two of part with the words "or the size of expense amount of the offender on purchase of goods (works, services) in which market the administrative offense is made", after the words "the amount of revenue of the offender from sales of goods (work, service) in whose market the administrative offense is made", to add with the words "or expense amount of the offender on purchase of goods (works, services) in which market the administrative offense is made";

b) in the paragraph the second part 2 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, but 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 whose market the administrative offense is made, but "shall be replaced with words" at least hundred thousand rubles from one million to five million rubles";

c) note in paragraph one 4 words "Items 1 and 2 of the note 3" shall be replaced with words "Items 1, 2 and 3 notes 3";

5) in Article 19.8:

a) in paragraph one of part 5 of the word "parts 3 and 4 of this Article" shall be replaced with words "parts 3, 4 and 7 these Articles", to add with words ", except as specified, provided by part 8 of this Article";

b) add with part 7 of the following content:

"7. Non-presentation or untimely submission to federal antimonopoly authority or its territorial authority according to their requirement of the data (information) necessary for calculation of the size of administrative penalty, or submission to federal antimonopoly authority or its territorial authority of obviously false information (information) necessary for calculation of the size of administrative penalty, except as specified, provided by part 8 of this Article -

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

c) add with part 8 of the following content:

"8. Submission to federal antimonopoly authority or its territorial authority of obviously false information (information) necessary for calculation of the size of administrative penalty if it became known after imposing of such administrative penalty, -

attracts imposing of administrative penalty on officials at the rate from ten thousand to fifteen thousand rubles; on legal entities - in the amount of difference of the amount of administrative penalty which would be imposed for making of administrative offense in case of submission of the authentic data (information) necessary for calculation of the size of administrative penalty, and the amount of the imposed administrative penalty, but the double size of the imposed administrative penalty suffices.";

Paragraph one of part 3 of Article 19.8.2 after the words "upon the demand of the specified body" to add 6) with the words "in the time established by it";

Part 2 of Article 23.1 after figures "14.33," to add 7) with words "Article 15. 14, parts 1 and 2 of Article 15.15. 2, Article 15.15. 3, part 1 of Article 15.15. 4, part 1 of Article 15.15. 5, Articles 15.15. 12, 15.15. 13,";

8) "necessary for permission of case" to add Article 26.10 after words with words ", including the data (information) necessary for calculation of the size of administrative penalty";

9) in Article 27.13:

a) add the name with the words "and uses";

b) part 1 after the words "In case of Operation Abuses of Regulations" to add with the word", uses".

Article 2

Bring in article 3 of the Federal Law of May 7, 2013 No. 92-FZ "About introduction of amendments to the Federal law "About Traffic Safety" and the Russian Federation Code of Administrative Offences" (The Russian Federation Code, 2013, No. 19, the Art. 2319) the following changes:

1) regarding 1 word of "thirty ninth and forty fourth" shall be replaced with words "thirty eighth and forty third";

2) regarding 2 words "the thirty ninth and forty fourth" shall be replaced with words "thirty eighth and forty third".

Article 3

1. This Federal Law becomes effective after thirty days after day of its official publication, except for Item 7 of Article 1 and article 2 of this Federal Law.

2. Item 7 of Article 1 and article 2 of this Federal Law become effective from the date of official publication of this Federal Law.

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