FEDERAL LAW OF THE RUSSIAN FEDERATION

of July 29, 2017 No. 265-FZ

About introduction of amendments to the Russian Federation Code of Administrative Offences regarding strengthening of responsibility for illegal sale of alcoholic products

Accepted by the State Duma on July 20, 2017

Approved by the Federation Council on July 25, 2017

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, 4855; 2004, No. 31, Art. 3229; No. 34, Art. 3529, 3533; No. 44, Art. 4266; 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. 2, Art. 172; 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, 3433, 3438, 3452; No. 45, Art. 4634, 4641; No. 50, Art. 5279, 5281; 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, 4008; No. 41, Art. 4845; No. 43, Art. 5084; No. 46, Art. 5553; 2008, No. 18, Art. 1941; No. 20, Art. 2251, 2259; No. 30, Art. 3604; No. 49, Art. 5745; No. 52, Art. 6235, 6236; 2009, No. 7, Art. 777; No. 23, Art. 2759, 2776; No. 26, Art. 3120, 3122; No. 29, Art. 3597, 3599, 3642; No. 30, Art. 3739; No. 48, Art. 5711, 5724, 5755; No. 52, Art. 6412; 2010, No. 1, Art. 1; No. 19, Art. 2291; No. 21, Art. 2525, 2530; No. 23, Art. 2790; No. 25, Art. 3070; No. 27, Art. 3416; No. 30, Art. 4002, 4006, 4007; No. 31, Art. 4158, 4164, 4193, 4195, 4206, 4207, 4208; No. 32, Art. 4298; No. 41, Art. 5192; No. 49, Art. 6409; No. 52, Art. 6984; 2011, No. 1, Art. 10, 23, 54; No. 7, Art. 901; No. 15, Art. 2039; No. 17, Art. 2310; No. 19, Art. 2714, 2715; No. 23, Art. 3260; No. 27, Art. 3873, 3881; No. 29, Art. 4290, 4298; No. 30, Art. 4573, 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, 7352, 7355, 7362, 7366; 2012, No. 6, Art. 621; No. 10, Art. 1166; No. 19, Art. 2278, 2281; No. 24, Art. 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, 7640; 2013, No. 14, Art. 1651, 1666; No. 19, Art. 2323, 2325; No. 23, Art. 2871; No. 26, Art. 3207, 3208, 3209; No. 27, Art. 3454, 3469, 3470, 3477; No. 30, Art. 4025, 4027, 4029, 4030, 4031, 4032, 4033, 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. 6161, 6163, 6165; No. 49, Art. 6327, 6341, 6343; No. 51, Art. 6683, 6685, 6695, 6696; No. 52, Art. 6961, 6980, 6981, 6986, 6994, 7002; 2014, No. 6, Art. 557, 559, 566; No. 11, Art. 1092, 1096; No. 14, Art. 1562; \Art. U-2116\19, 2302, 2306, 2310, 2317, 2324, 2325, 2326, 2327, 2330, 2335; No. 26, Art. 3366, 3379; No. 30, Art. 4211, 4214, 4218, 4228, 4233, 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, 7548, 7550, 7557; 2015, No. 1, Art. 29, 35, 37, 67, 74, 83, 85; No. 10, Art. 1405, 1416; No. 13, Art. 1811; No. 18, Art. 2614, 2620; No. 21, Art. 2981; No. 24, Art. 3367, 3370; No. 27, Art. 3945, 3950, 3966; No. 29, Art. 4354, 4359, 4362, 4374, 4376, 4391; No. 41, Art. 5629, 5637; No. 44, Art. 6046; No. 45, Art. 6205, 6208; No. 48, Art. 6706, 6710, 6716; No. 51, Art. 7249, 7250; 2016, No. 1, Art. 11, 28, 59, 63, 76, 84; No. 10, Art. 1323; No. 11, Art. 1481, 1490, 1491, 1493; No. 15, Art. 2066; No. 18, Art. 2509, 2514, 2515; No. 23, Art. 3285; No. 26, Art. 3871, 3876, 3877, 3884, 3887, 3891; No. 27, Art. 4160, 4164, 4183, 4194, 4197, 4205, 4206, 4223, 4238, 4251, 4259, 4286, 4291, 4305; No. 28, Art. 4558; No. 50, Art. 6975; 2017, No. 1, Art. 12, 31, 47; No. 7, Art. 1030, 1032; No. 9, Art. 1278; No. 11, Art. 1535; No. 17, Art. 2456, 2457; No. 18, Art. 2664; No. 22, Art. 3069; No. 23, Art. 3227; No. 24, Art. 3487; No. 27, Art. 3947; Official Internet portal of legal information (www.pravo.gov.ru), on July 19, 2017, No. 0001201707190015) following changes:

1) in Article 3.5:

a) the paragraph one of part 1 after words "part 6.5 of Article 15.25" to add with words ", part 6 of Article 19.4", after words "part 2.1 of Article 14.16" to add with words ", part 1 of Article 14.17.1", after words "part 4 of Article 14." To add 17, with words "part 2 of Article 14.17. 1,", after words "Article 20.32 of this Code, - two hundred thousand rubles," to add with the words "in the cases provided by part 6 of Article 19.4 of this Code-three hundred thousand rubles", after words "-eight hundred thousand rubles, and in cases, stipulated in Article 11.7.1" to add with words ", part 3 of Article 14.17";

b) add with Item 3.1 of the following content:

"3. 1) to the amount of revenue of the offender from realization of all goods (works, services) for the calendar year preceding year in which the administrative offense was revealed or for the part of calendar year preceding date of identification of administrative offense in which the administrative offense was revealed if the offender did not perform sales activity or to purchase of goods (works, services) in prior calendar year;";

c) add with part 4.4 following of content:

"4.4. The size of the administrative penalty estimated proceeding from the amount of revenue of the offender from realization of all goods (works, services) cannot exceed one fifth cumulative sizes of the amount of proceeds from sales of all goods (works, services) for the calendar year preceding year in which the administrative offense was revealed or for the part of calendar year preceding date of identification of administrative offense if the offender did not perform sales activity or to purchase of goods (works, services) in prior calendar year.";

In paragraph one of part 1 of Article 14.1 of the word "as the legal entity-" shall be replaced with words 2) "as the legal entity, except as specified, provided by part 2 of Article 14.17.1 of this Code, -";

In paragraph one of Article 14.2 of the word "it is limited to the legislation,-" shall be replaced with words 3) "it is limited to the legislation, except as specified, provided by part 1 of Article 14.17.1 of this Code, -";

In paragraph one of part 3 of Article 14.16 of the word "alcohol-containing products -" shall be replaced with words 4) "alcohol-containing products, except as specified, provided by part 2 of Article 14.17.1 of this Code, -";

Paragraph two of part 3 of Article 14.17 to state 5) in the following edition:

"attracts imposing of administrative penalty on officials at the rate from five hundred thousand to one million rubles or disqualification for a period of two up to three years; on legal entities - no more than one heel of the cumulative size of revenue received from realization of all goods (works, services) for the calendar year preceding year in which the administrative offense was revealed or for the part of calendar year preceding date of the revealed administrative offense in which the administrative offense was revealed if the offender did not perform sales activity of goods (works, services) in prior calendar year, but at least three million rubles with confiscation of products, the equipment, raw materials, semifinished products, vehicles or other objects used for production and turnover of ethyl alcohol, alcoholic and alcohol-containing products or without that or administrative suspension of operations for a period of sixty up to ninety days with confiscation of products, the equipment, raw materials, semifinished products, vehicles or other objects, used for production and turnover of ethyl alcohol, alcoholic and alcohol-containing products, or without that.";

To add 6) with Article 14.17.1 of the following content:

"Article 14.17.1. Illegal retail sale of alcoholic and alcohol-containing food products by physical persons

1. Retail sale of alcoholic and alcohol-containing food products by physical person (except for the physical person consisting in employment relationships with the organization having the license for retail sale of alcoholic products, or with the organization which does not have the license for retail sale of alcoholic products, or with person performing business activity without formation of legal entity (individual entrepreneur) performing retail sale of beer and beer drinks, cider, Poiré, mead, or with agricultural producer (the individual entrepreneur, peasant farm) recognized by that according to the Federal Law of December 29, 2006 No. 264-FZ "About development of agricultural industry" and performing retail sale made by it wine, sparkling wine (champagne), and directly enabling the realization of alcoholic and alcohol-containing products under the agreement of retail purchase and sale) if this action does not contain penal act, -

attracts imposing of administrative penalty at the rate from thirty thousand to fifty thousand rubles with confiscation of alcoholic and alcohol-containing products.

2. Illegal retail sale of alcoholic and alcohol-containing food products by person performing business activity without formation of legal entity (individual entrepreneur), or agricultural producer (the individual entrepreneur, peasant farm) recognized by that according to the Federal Law of December 29, 2006 No. 264-FZ "About development of agricultural industry" (except for retail sale of beer and beer drinks, cider, Poiré, the mead performed by the individual entrepreneur or retail sale of the wine made by agricultural producer, sparkling wine (champagne) if this action does not contain penal act, -

attracts imposing of administrative penalty at the rate from hundred thousand to two hundred thousand rubles with confiscation of alcoholic and alcohol-containing products.";

Article 14.19 to state 7) in the following edition:

"Article 14.19. Violation of the state accounting in the field of production and turnover of ethyl alcohol, alcoholic and alcohol-containing products

Violation of the production established by the legislation of the Russian Federation on state regulation and turnover of ethyl alcohol, alcoholic and alcohol-containing products of accounting treatment for production volume, turnover and (or) use of ethyl alcohol, alcoholic and alcohol-containing products or accounting treatment for use of production capacities, amount of collected grapes and the grapes used for production of wine-making products or not fixing of information in the Unified State Automated Information System of accounting of production volume and turnover of ethyl alcohol, alcoholic and alcohol-containing products in the procedure established by the legislation of the Russian Federation on state regulation of production and turnover of ethyl alcohol, alcoholic and alcohol-containing products -

attracts imposing of administrative penalty on officials at the rate from ten thousand to fifteen thousand rubles with confiscation of products which were subject of administrative offense or without that; on legal entities - from hundred fifty thousand to two hundred thousand rubles with confiscation of products which were subject of administrative offense or without that.";

To state paragraph two of part 6 of Article 19.4 in the following edition:

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

9) in Article 23.1:

a) part 1 after words "Articles 14." To add 17, with figures "14.17. 1,";

b) part 2 after words "parts 2.1 - 3 Articles 14." To add 16, with words "Article 14. 19,";

c) part in paragraph four 3 words "Articles 14. 14.18" shall be replaced with words 17, "Article 14. 17, part 2 of Article 14.17. 1, Articles 14.18";

Item 1 of part 2 of Article 28.3 after figures "14.17," to add 10) with figures "14.17. 1,".

Article 2

This Federal Law becomes effective from the date of its official publication.

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