FEDERAL LAW OF THE RUSSIAN FEDERATION

of July 3, 2016 No. 326-FZ

About modification of separate legal acts of the Russian Federation in connection with adoption of the Federal Law "About Introduction of Amendments to the Criminal Code of the Russian Federation and the Code of Penal Procedure of the Russian Federation concerning Enhancement of the Bases and Procedure for Release from Criminal Liability"

Accepted by the State Duma on June 21, 2016

Approved by the Federation Council on June 29, 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; No. 44, Art. 4295, 4298; 2003, No. 27, Art. 2700, 2708, 2717; No. 46, Art. 4434; No. 50, Art. 4847, 4855; 2004, No. 31, Art. 3229; No. 34, Art. 3529, 3533; No. 44, Art. 4266; 2005, No. 1, Art. 9, 13, 40, 45; No. 10, Art. 763; 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, 10; No. 2, Art. 172, 175; No. 6, Art. 636; 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. 31, Art. 3420, 3438, 3452; No. 45, Art. 4641; No. 50, Art. 5279, 5281; No. 52, Art. 5498; 2007, No. 1, Art. 21, 25, 29; No. 7, Art. 840; No. 16, Art. 1825; No. 17, Art. 1930; No. 26, Art. 3089; No. 30, Art. 3755; No. 31, Art. 4007, 4008; No. 41, Art. 4845; No. 43, Art. 5084; No. 46, Art. 5553; 2008, No. 18, Art. 1941; No. 20, Art. 2251, 2259; No. 29, Art. 3418; No. 30, Art. 3582, 3604; No. 49, Art. 5745; No. 52, Art. 6235, 6236; 2009, No. 1, Art. 17; No. 7, Art. 771, 777; No. 23, Art. 2759, 2767; No. 26, Art. 3120, 3122, 3131; 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, 4191, 4193, 4195, 4206, 4207, 4208; No. 41, Art. 5192; No. 49, Art. 6409; 2011, No. 1, Art. 10, 23, 29, 54; No. 7, Art. 901; No. 15, Art. 2039; No. 17, Art. 2310; No. 19, Art. 2714, 2715; No. 23, Art. 3260, 3267; No. 27, Art. 3873; No. 29, Art. 4290, 4291, 4298; No. 30, Art. 4573, 4585, 4590, 4598, 4600, 4601, 4605; No. 46, Art. 6406; No. 47, Art. 6602; No. 48, Art. 6728, 6730; No. 49, Art. 7025, 7061; No. 50, Art. 7342, 7345, 7346, 7351, 7352, 7355, 7362, 7366; 2012, No. 6, Art. 621; No. 10, Art. 1166; No. 19, Art. 2278, 2281; No. 24, Art. 3068, 3069, 3082; No. 29, Art. 3996; No. 31, Art. 4320, 4322, 4330; No. 41, Art. 5523; No. 47, Art. 6402, 6403, 6404, 6405; No. 49, Art. 6752, 6757; No. 53, Art. 7577, 7602, 7640, 7641; 2013, No. 8, Art. 717, 720; No. 14, Art. 1651, 1657, 1658, 1666; No. 19, Art. 2307, 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, 4078, 4082; No. 31, Art. 4191; No. 43, Art. 5443, 5444, 5445, 5452; No. 44, Art. 5624, 5643; No. 48, Art. 6159, 6161, 6163, 6165; No. 49, Art. 6327, 6341, 6343; No. 51, Art. 6683, 6685, 6695, 6696; No. 52, Art. 6961, 6980, 6986, 6994, 6995, 7002; 2014, No. 6, Art. 557, 559, 566; No. 11, Art. 1092, 1096; No. 14, Art. 1561, 1562; No. 19, Art. 2302, 2306, 2310, 2317, 2324, 2325, 2326, 2327, 2330, 2335; No. 26, Art. 3366, 3379, 3395; No. 30, Art. 4211, 4214, 4218, 4228, 4233, 4244, 4248, 4256, 4259, 4264, 4278; No. 42, Art. 5615; No. 43, Art. 5799; No. 48, Art. 6636, 6638, 6642, 6643, 6651; No. 52, Art. 7541, 7545, 7547, 7548, 7550, 7557; 2015, No. 1, Art. 29, 35, 67, 74, 83, 85; No. 6, Art. 885; No. 10, Art. 1405, 1416; No. 13, Art. 1811; No. 18, Art. 2614, 2620; No. 21, Art. 2981; No. 24, Art. 3370; No. 27, Art. 3945, 3950; No. 29, Art. 4354, 4356, 4359, 4374, 4376, 4391; No. 41, Art. 5629, 5637; No. 44, Art. 6046; No. 45, Art. 6205, 6208; No. 48, Art. 6706, 6710, 6711, 6716; No. 51, Art. 7249, 7250; 2016, No. 1, Art. 11, 28, 59, 63, 84; No. 10, Art. 1323; No. 11, Art. 1481, 1490, 1491, 1493; No. 14, Art. 1907; No. 15, Art. 2051; No. 18, Art. 2514; No. 23, Art. 3284, 3285) following changes:

1) paragraph one of part 1 of Article 3.5 after words "fifteen thousand rubles, in the cases provided" to add with words "Article 5.35.", after words "twenty thousand rubles," to add 1, with the words "in cases, stipulated in Article 6.1.1 of this Code,-thirty thousand rubles";

2) part 1 of Article 4.5 after the words "for violation of the budget legislation of the Russian Federation and other regulatory legal acts regulating budget legal relationship" to add with words "and also for the administrative offenses provided by Articles 5.35. 1, 6.1.1 of this Code, for violation";

To add 3) with Article 5.35.1 of the following content:

"Article 5.35.1. Failure to pay funds for content of children or disabled parents

1. Failure to pay by the parent without valid excuse in defiance of the judgment or notarially certified agreement of funds for content of the minor children or disabled children who reached eighteen-year age within two and more months from the date of excitement of enforcement proceeding if such actions do not contain penal act, -

attracts obligatory works for a period of up to hundred fifty hours or administrative detention for a period of ten up to fifteen days or imposing of administrative penalty on persons to whom according to this Code obligatory works or administrative detention, in the amount of twenty thousand rubles cannot be applied.

2. Failure to pay by full age able-bodied children without valid excuse in defiance of the judgment or notarially certified agreement of funds for content of disabled parents within two and more months from the date of excitement of enforcement proceeding if such actions do not contain penal act, -

attracts obligatory works for a period of up to hundred fifty hours or administrative detention for a period of ten up to fifteen days or imposing of administrative penalty on persons to whom according to this Code obligatory works or administrative detention, in the amount of twenty thousand rubles cannot be applied.";

To add 4) with Article 6.1.1 of the following content:

"Article 6.1.1. Beating

Drawing the beating or making of other violent acts which caused physical pain, but did not entail the effects specified in article 115 of the Criminal Code of the Russian Federation if these actions do not contain penal act, -

attracts imposing of administrative penalty at the rate from five thousand to thirty thousand rubles, or administrative detention for a period of ten up to fifteen days, or obligatory works for a period of sixty till hundred twenty o'clock.";

Article 7.27 to state 5) in the following edition:

"Article 7.27. Petty theft

1. Petty theft of alien property which cost does not exceed one thousand rubles, by theft, fraud, assignment or waste in the absence of signs of the crimes provided by parts two, third and fourth Article 158, Article 158. 1, parts two, third and fourth Article 159, parts two, third and fourth Article 159. 1, parts two, third and fourth Article 159. 2, parts two, third and fourth Article 159. 3, parts two, third and fourth Article 159. 5, parts two, third and fourth Article 159.6 and parts two and third article 160 of the Criminal Code of the Russian Federation, -

attracts imposing of administrative penalty in the amount up to the fivefold cost of stolen property, but at least one thousand rubles, or administrative detention for a period of up to fifteen days, or obligatory works for a period of up to fifty hours.

2. Petty theft of alien property worth more than one thousand rubles, but no more than two thousand five hundred rubles by theft, fraud, assignment or waste in the absence of signs of the crimes provided by parts two, third and fourth Article 158, Article 158. 1, parts two, third and fourth Article 159, parts two, third and fourth Article 159. 1, parts two, third and fourth Article 159. 2, parts two, third and fourth Article 159. 3, parts two, third and fourth Article 159. 5, parts two, third and fourth Article 159.6 and parts two and third article 160 of the Criminal Code of the Russian Federation, -

attracts imposing of administrative penalty in the amount up to the fivefold cost of stolen property, but at least three thousand rubles, or administrative detention for a period of ten up to fifteen days, or obligatory works for a period of up to hundred twenty hours.";

To replace 6) regarding 1 article 23.1 of figure "5.37 - 5.43" with figures "5.35. 1, 5.37 - 5.43" to replace figures "6.1, 6.2" with figures "6.1 - 6.2";

7) regarding the 2nd Article 28.3:

a) to add Item 1 after figures "5.69," with figures "6.1.1,";

b) in Item 77 of figure "17.3 - 17.6" to replace with figures "5.35. 1, 17.3 - 17.6";

8) "the actions requiring considerable time expenditure" to add part 1 of Article 28.7 after words with words "and also in cases of making of the administrative offenses provided by Articles 6.1. 1, 7.27 of this Code,".

Article 2

Bring in the Federal Law of October 2, 2007 No. 229-FZ "About enforcement proceeding" (The Russian Federation Code, 2007, No. 41, Art. 4849; 2008, No. 20, Art. 2251; 2009, No. 1, Art. 14; No. 23, Art. 2761; No. 29, Art. 3642; No. 39, Art. 4539, 4540; No. 51, Art. 6162; 2010, No. 31, Art. 4182; 2011, No. 7, Art. 905; No. 17, Art. 2312; No. 27, Art. 3873; No. 29, Art. 4287; No. 30, Art. 4573, 4574; No. 48, Art. 6728; No. 49, Art. 7014, 7041, 7061, 7067; No. 50, Art. 7343, 7347, 7352, 7357; 2012, No. 31, Art. 4322, 4333; 2013, No. 14, Art. 1641, 1657; No. 30, Art. 4039; No. 51, Art. 6678, 6699; No. 52, Art. 6948, 7006; 2014, No. 11, Art. 1099; No. 19, Art. 2331; No. 30, Art. 4217; No. 42, Art. 5615; No. 43, Art. 5799; No. 52, Art. 7543; 2015, No. 1, Art. 29; No. 10, Art. 1393, 1410, 1411, 1427; No. 14, Art. 2022; No. 27, Art. 3945, 3977, 4001; No. 48, Art. 6706; 2016, No. 1, Art. 11, 13, 45, 64; No. 11, Art. 1493; No. 14, Art. 1910; No. 18, Art. 2511) following changes:

The name of Chapter 12 to state 1) in the following edition:

"Chapter 12. Recovery of penalty, appointed as punishment for crime execution. Procedure for execution of the executive document on confiscation of property and the executive document on payment of the judicial fine which is ordered to pay as measure of criminal and legal nature";

To add 2) with Article 103.1 of the following content:

"Article 103.1. Execution of the judicial fine which is ordered to pay as measure of criminal and legal nature

1. The judicial fine which is ordered to pay as measure of criminal and legal nature according to article 104.4 of the Criminal Code of the Russian Federation (further - judicial penalty), is performed by rules, the established this Federal Law, with the features established by this Article.

2. The judicial penalty is performed by person to whom this measure is appointed, in time, specified by court in the resolution, determination about purpose of measure of criminal and legal nature.

3. Control of execution of judicial penalty by person to which this measure is appointed is assigned to the judicial police officer-contractor.

4. The resolution on excitement of enforcement proceeding or on refusal in its excitement is taken out by the judicial police officer-contractor no later than three days from the date of receipt of writ of execution in division of bailiffs. The resolution on refusal affirms as excitement of enforcement proceeding the senior bailiff or his deputy and is taken to court in day of its removal.

5. In case of excitement of enforcement proceeding term for voluntary execution of judicial penalty by the judicial police officer-contractor is not established, performing collection is not collected.

6. If after ten calendar days from the date of the termination of payment due date of judicial penalty the judicial police officer-contractor has no data on payment by the debtor of the corresponding sums of money, it takes to court idea of cancellation of the specified measure of criminal-legal nature and of the solution of question of involvement of person to criminal liability.

7. The enforcement proceeding according to writ of execution about payment of judicial penalty terminates in case:

1) payments of judicial penalty in full;

2) returns of the executive document upon the demand of the court which issued the executive document;

3) the directions in the court which issued the executive document, ideas of cancellation of judicial penalty.".

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