FEDERAL LAW OF THE RUSSIAN FEDERATION

of June 23, 2016 No. 207-FZ

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

Accepted by the State Duma on June 10, 2016

Approved by the Federation Council on June 15, 2016

Article 1

Bring in the Russian Federation Code of Administrative Offences (The Russian Federation Code, 2002, No. 1, Art. 1; No. 30, Art. 3029; 2003, No. 27, Art. 2700, 2708, 2717; No. 46, Art. 4434; No. 50, Art. 4847; 2004, No. 31, Art. 3229; No. 34, Art. 3533; 2005, No. 1, Art. 13, 45; No. 13, Art. 1075, 1077; No. 19, Art. 1752; No. 27, Art. 2719, 2721; No. 30, Art. 3104, 3131; No. 50, Art. 5247; 2006, No. 17, Art. 1776; No. 18, Art. 1907; No. 31, Art. 3438; No. 45, Art. 4641; No. 52, Art. 5498; 2007, 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; No. 30, Art. 3604; No. 49, Art. 5745; No. 52, Art. 6235, 6236; 2009, No. 7, Art. 777; No. 23, Art. 2759; No. 26, Art. 3120; No. 29, Art. 3597, 3642; No. 30, Art. 3739; No. 48, Art. 5711, 5724; No. 52, Art. 6412; 2010, No. 1, Art. 1; No. 21, Art. 2525; No. 23, Art. 2790; No. 27, Art. 3416; No. 30, Art. 4002, 4006, 4007; No. 31, Art. 4158, 4164, 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. 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. 48, Art. 6728; No. 49, Art. 7025, 7061; No. 50, Art. 7342, 7345, 7346, 7351, 7355, 7362, 7366; 2012, No. 6, Art. 621; №10, of Art. 1166; No. 24, Art. 3069, 3082; No. 29, Art. 3996; No. 31, Art. 4320, 4330; No. 47, Art. 6402, 6403; No. 49, Art. 6757; No. 53, Art. 7577, 7602, 7641; 2013, No. 14, Art. 1666; No. 19, Art. 2323, 2325; No. 26, Art. 3207, 3208; No. 27, Art. 3454, 3470; No. 30, Art. 4025, 4029, 4030, 4031, 4032, 4034, 4036, 4040, 4044, 4082; No. 31, Art. 4191; No. 43, Art. 5445, 5452; No. 44, Art. 5624, 5643; No. 48, Art. 6161, 6165; No. 49, Art. 6327; No. 51, Art. 6683, 6685, 6695; No. 52, Art. 6980, 6986, 7002; 2014, No. 6, Art. 566; No. 11, Art. 1096; No. 14, Art. 1562; No. 19, Art. 2302, 2306, 2310, 2324, 2326, 2327, 2335; No. 26, Art. 3366, 3379; No. 30, Art. 4211, 4218, 4228, 4256, 4259, 4264; No. 42, Art. 5615; No. 43, Art. 5801; No. 48, Art. 6636; No. 52, Art. 7550, 7557; 2015, No. 1, Art. 29, 67, 74, 83, 85; No. 7, Art. 1023; No. 10, Art. 1405, 1416; No. 13, Art. 1811; No. 14, Art. 2011; No. 21, Art. 2981; No. 27, Art. 3945; No. 29, Art. 4374, 4376, 4391; No. 41, Art. 5629; No. 44, Art. 6046; No. 45, Art. 6205, 6208; No. 48, Art. 6706, 6710; No. 51, Art. 7250; 2016, No. 1, Art. 11, 59, 63; No. 10, Art. 1323; No. 11, Art. 1481, 1491; No. 14, Art. 1907; No. 18, Art. 2514; Russian newspaper, 2016, on June 6) following changes:

1) in Article 16.1:

a) to state paragraph two of part 3 in the following edition:

"attracts the prevention or imposing of administrative penalty on citizens at the rate from one thousand to two thousand five hundred rubles with confiscation of the goods which were objects of administrative offense or without that or confiscation of objects of administrative offense; on officials - from five thousand to ten thousand rubles; on legal entities - from fifty thousand to hundred thousand rubles with confiscation of the goods which were objects of administrative offense or without that or confiscation of objects of administrative offense.";

b) recognize part 4 invalid;

2) in Article 16.2:

a) state part 3 in the following edition:

"3. The statement the customs applicant or the customs representative to customs declaration of goods of false information on goods or submission of invalid documents if such data or documents formed or could form the basis for non-compliance with the state members of the Eurasian Economic Union established by international treaties, decisions of the Eurasian economic commission, regulatory legal acts of the Russian Federation of prohibitions and restrictions, -

attracts imposing of administrative penalty on citizens in the amount of one thousand five hundred to two thousand five hundred rubles with confiscation of the goods which were objects of administrative offense or without that or confiscation of objects of administrative offense; on officials - from ten thousand to twenty thousand rubles; on legal entities - from fifty thousand to three hundred thousand rubles with confiscation of the goods which were objects of administrative offense or without that or confiscation of objects of administrative offense.";

b) state notes in the following edition:

"Notes:

1. For calculation of the size of the administrative penalty provided by the sanction of part of 1 this Article, imposed on citizens the cost of the goods for private use moved with physical persons through customs border of the Eurasian Economic Union is used. At the same time the cost of the goods moved through customs border of the Eurasian Economic Union with exemption of customs duties, taxes according to the right of the Eurasian Economic Union is excluded from the specified cost.

2. In case of the voluntary message the customs applicant and (or) the customs representative in the customs authority which performed release of goods about non declaration of goods with simultaneous submission of the customs declaration or the document necessary for modification and (or) amendments in the data specified in earlier submitted customs declaration, and the containing data on goods which customs declaring was not made and the documents based on which the specified customs declaration or the document are completed provided by the right of the Eurasian Economic Union, person who made the administrative offense established by part of 1 this Article is exempted from the administrative responsibility for the specified offense if for date, previous receipt date of the message and registration submitted documents, the following conditions are complied in total:

1) the customs authority did not reveal administrative offense according to the legislation on administrative offenses which subject are the goods specified in the message;

2) the customs authority did not notify the customs applicant, the customs representative or person having powers concerning goods after their release, or his representative about carrying out customs control after release of goods if such notification is provided by the right of the Eurasian Economic Union and (or) the legislation of the Russian Federation on customs affairs, or did not begin its carrying out without notice if such notification is not required;

3) the customs applicant, the customs representative has no debt on payment of customs duties, taxes, penalty fee which is not paid after the expiration of the terms established by the requirement about customs payment.

3. Item 2 of these notes is not applied to strategically important goods and resources which list affirms the Government of the Russian Federation for the purposes of article 226.1 of the Criminal Code of the Russian Federation.

4. In case of voluntary submission by the customs applicant and (or) customs representative to the customs authority which performed release of goods, addresses about modification and (or) amendments in the customs declaration after release of the goods with application of documents provided by the right of the Eurasian Economic Union, person who made the administrative offense established by part 2 of this Article is exempted from the administrative responsibility for the specified offense if for the date preceding registration date of the address about modification and (or) amendments in the customs declaration the conditions provided by subitems 1 - 3 Items 2 of these notes are complied in total.";

Article 16.3 to state 3) in the following edition:

"Article 16.3. Non-compliance with prohibitions and (or) import restrictions of goods on customs area of the Eurasian Economic Union or to the Russian Federation and (or) commodity exportation from customs area of the Eurasian Economic Union or from the Russian Federation

Non-compliance with the state members of the Eurasian Economic Union established by international treaties, decisions of the Eurasian economic commission, regulatory legal acts of the Russian Federation of prohibitions and import restrictions of goods on customs area of the Eurasian Economic Union or to the Russian Federation and (or) commodity exportation from customs area of the Eurasian Economic Union or from the Russian Federation, except as specified, provided by part 3 of Article 16.2 of this Code, -

attracts imposing of administrative penalty on citizens at the rate from one thousand to two thousand five hundred rubles with confiscation of the goods which were objects of administrative offense or without that or confiscation of objects of administrative offense; on officials - from five thousand to twenty thousand rubles; on legal entities - from fifty thousand to three hundred thousand rubles with confiscation of the goods which were objects of administrative offense or without that or confiscation of objects of administrative offense.";

Paragraph two of Article 16.4 to state 4) in the following edition:

"attracts imposing of administrative penalty on citizens in the amount of one second to the double not declared cash amount of money and (or) the cost of monetary instruments or confiscation of subject of administrative offense.";

Article 16.7 to state 5) in the following edition:

"Article 16.7. Submission of invalid documents when making customs transactions

The representation by the customs applicant or the other person to the customs representative or the other person of documents for their submission to customs authority when making customs transactions which entailed the statement to customs authority the customs representative or the other person of false information on goods if such data formed or could form the basis for exemption of customs duties, taxes or for understating of their size, and (or) non-compliance with the state members of the Eurasian Economic Union established by international treaties, decisions of the Eurasian economic commission, regulatory legal acts of the Russian Federation of prohibitions and restrictions, -

attracts imposing of administrative penalty on citizens in the amount of one thousand five hundred to two thousand five hundred rubles with confiscation of the goods which were objects of administrative offense or without that or confiscation of objects of administrative offense; on officials - from ten thousand to twenty thousand rubles; on legal entities - from fifty thousand to three hundred thousand rubles with confiscation of the goods which were objects of administrative offense or without that or confiscation of objects of administrative offense.";

6) in Article 16.12:

a) to state paragraph two of part 3 in the following edition:

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

b) to state paragraph two of part 5 in the following edition:

"attracts the prevention or imposing of administrative penalty on officials in the amount of two thousand five hundred to five thousand rubles; on legal entities - from fifty thousand to three hundred thousand rubles.";

Paragraph two of Article 16.14 to state 7) in the following edition:

"attracts the prevention or imposing of administrative penalty on citizens in the amount of five hundred to one thousand five hundred rubles; on officials - from two thousand to ten thousand rubles; on legal entities - from five thousand to twenty thousand rubles.";

To state paragraph two of Article 16.15 in the following edition:

"attracts the prevention or imposing of administrative penalty on officials in the amount of five hundred to five thousand rubles; on legal entities - from five thousand to thirty thousand rubles.";

9) in Article 16.19:

a) in paragraph one of part of 1 word "parts 3 and 4 of Article 16.1" shall be replaced with words "part 3 of Article 16.1";

b) to state paragraph two of part 2 in the following edition:

"attracts imposing of administrative penalty on citizens in the amount of one thousand five hundred to two thousand five hundred rubles with confiscation of the goods which were objects of administrative offense or without that or confiscation of objects of administrative offense; on officials - from ten thousand to twenty thousand rubles; on legal entities - from one second to the double size cost of the goods which were objects of administrative offense with their confiscation or without that or confiscation of objects of administrative offense.";

c) to state paragraph two of part 3 in the following edition:

"attracts the prevention or imposing of administrative penalty on citizens at the rate from one thousand to two thousand rubles; on officials - from ten thousand to twenty thousand rubles; on legal entities - from fifty thousand to three hundred thousand rubles with confiscation of the goods which were objects of administrative offense or without that or confiscation of objects of administrative offense.";

10) in Article 16.20:

a) state the name in the following edition:

"Article 16.20. Illegal use or the order of conditionally released goods or the arrested goods";

b) to state paragraph two of part 1 in the following edition:

"attracts imposing of administrative penalty on citizens in the amount of one thousand five hundred to two thousand five hundred rubles; on officials - from ten thousand to twenty thousand rubles; on legal entities - from one second to the double size cost of the goods which were objects of administrative offense with their confiscation or without that or confiscation of objects of administrative offense.";

c) the paragraph one of part 2 to state in the following edition:

"2. Use of goods which when carrying out customs control it is seized, without the permission of customs authority and (or) transfer of such goods to other persons, their alienation or the order them otherwise -";

Paragraph one of Article 16.21 to state 11) in the following edition:

"Use of goods which are illegally moved through customs border of the Eurasian Economic Union and concerning which customs duties, taxes are not paid or the prohibitions and restrictions established by international treaties of state members of the Eurasian Economic Union, decisions of the Eurasian economic commission, regulatory legal acts of the Russian Federation are not observed, or the goods issued including it is conditional, according to customs procedure, use of which which transfer to ownership or to use or the order by which different ways are allowed in defiance of set prohibitions and (or) restrictions, and also acquisition, storage or transportation of such goods -";

12) regarding the 2nd Article 23.1 of the word "Article 16. 2, part 2 of Article 16. Articles" shall be replaced with words 3, "Articles 16. 2, 16.3,";

"Parts 1, 3 and 4 Articles 16.1" shall be replaced with words 13) regarding 1 Article 23.8 of the word "parts 1 and 3 of Article 16.1";

"Part 2 of Article 16.2" shall be replaced with words 14) in item 4 of part 1.1 of Article 29.9 of the word "parts 1 and 2 of Article 16.2".

Article 2

Paragraphs the tenth and eleventh Item 6 of article 14 of the Federal Law of December 6, 2011 No. 409-FZ "About modification of separate legal acts of the Russian Federation" (The Russian Federation Code, 2011, as No. 50, the Art. 7351) to recognize invalid.

 

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