Калининградская областная таможня

Article 193. Avoidance of obligations to repatriation of monetary funds in foreign currency or in currency of the Russian Federation

(as amended by Federal law, June 28, 2013, No 134-ФЗ)   

1. Failure to comply with requirements of currency legislation of the Russian Federation, concerning settlement of monetary funds in foreign currency or in currency of the Russian Federation in big amount from one or several non-residents to a resident’s accounts in an empowered bank or to a resident’s accounts in banks, located outside the territory of the Russian Federation, in accordance with the established procedure, payable to a resident in accordance with provisions of foreign trade contracts, for products, delivered to non-residents, works, executed for them, services, performed for them, information and results of intellectual activities, given to them, including exclusionary rights, connected to them, as well as failure to comply with requirements of currency legislation of the Russian Federation, concerning repayment to the Russian Federation to a resident’s accounts in an empowered bank or to a resident’s accounts in banks, located outside the territory of the Russian Federation, in accordance with the established procedure, monetary funds in foreign currency or in currency of the Russian Federation in big amount, paid to one or several non-residents for products, which were not delivered to the territory of the Russian Federation (not received on the territory of the Russian Federation), works, which were not executed, services, which were not performed, information and results of intellectual activities, which were not given, including exclusionary rights, connected to them, -        

shall be punishable by a fine in the amount from two hundred thousand to five hundred thousand rubles or in the amount of salary or other earnings of the convicted person for a period of one to three years, or by compulsory labor for up to three years, or by deprivation of freedom for up to three years.

1.1. The same actions, committed by a group of persons by previous concert, -

shall be punishable by a fine in the amount from three hundred thousand to five hundred thousand rubles or in the amount of salary or other earnings of the convicted person for a period of two to three years, or by compulsory labor for up to four years, or by deprivation of freedom for up to four years.

(paragraph 1.1 was added by Federal law, July 3, 2016, No 325-ФЗ)

2. Actions, provided by paragraph one of this article, committed:

(as amended by Federal law, July 3, 2016, No 325-ФЗ)  

1. a) in especially big amount;
2. b) by an organized group;

(statement "b" as amended by Federal law, July 3, 2016, No 325-ФЗ)

1. c) using a document, known to be forged;
2. d) using juridical entity, created for commission of one or several crimes, connected to transacting and execution of other agreements with monetary funds or other property, -

shall be punishable by deprivation of freedom for up to five years with or without a fine in the amount up to one million rubles or in the amount of salary or other earnings of the convicted person for a period up to five years.

Note. Actions, provided by this Article, are considered to be committed in big amount, if the amount of unsettled or unrepaid monetary funds in foreign currency or in currency of the Russian Federation, for executed once or repeatedly during one year currency operations, exceeds nine million rubles, in especially big amount – forty five million rubles.

(note as amended by Federal law, July 3, 2016, No 325-ФЗ) 

Article 193.1. Execution of currency operations in form of transmission of monetary funds in foreign currency or in currency of the Russian Federation to non-residents’ accounts using forged documents

(was added by Federal law, June 28, 2013, No 134-ФЗ)

1. Execution of currency operations in form of transmission of monetary funds in foreign currency or in currency of the Russian Federation to accounts of one or several non-residents with presentation of a credit company, which has a power of a currency control agent, documents, connected to execution of these operations, and which contain deliberate misrepresentations about grounds, aims and purposes of a transmission, -

shall be punishable by a fine in the amount from two hundred thousand to five hundred thousand rubles or in the amount of salary or other earnings of the convicted person for a period of one to three years, or by compulsory labor for up to three years, or by deprivation of freedom for up to three years.

2. Action, provided by paragraph one of this article, committed:
3. a) in big amount;
4. b) by a group of persons by previous concert;
5. c) using juridical entity, created for commission of one or several crimes, connected to transacting and execution of other agreements with monetary funds or other property, -

shall be punishable by deprivation of freedom for up to five years with or without a fine in the amount up to one million rubles or in the amount of salary or other earnings of the convicted person for a period up to five years.

3. Actions, provided by paragraphs one and two of this article, committed:
4. a) in especially big amount;
5. b) by an organized group, -

shall be punishable by deprivation of freedom for up to five years with or without a fine in the amount up to one million rubles or in the amount of salary or other earnings of the convicted person for a period up to five years.

Note. Actions, provided by this article, are considered to be committed in big amount, if the amount of illegally transmitted  monetary funds in foreign currency or in currency of the Russian Federation, for executed once or repeatedly during one year currency operations, exceeds nine million rubles, in especially big amount – forty five million rubles.

(note as amended by Federal law, July 3, 2016, No 325-ФЗ) 

Article 194. Avoidance of customs charges payment, payable by an organization or a natural person

 (as amended by Federal law, June 25, 1998, No 92-ФЗ)

1. Avoidance of customs charges payment, payable by an organization or a natural person, committed in especially big amount, -

shall be punishable by a fine in the amount from one hundred thousand to five hundred thousand rubles or in the amount of salary or other earnings of the convicted person for a period of one to three years, or by obligatory labor for up to four hundred and eighty hours, or by compulsory labor for up to two years, or by deprivation of freedom for up to two years.

 (as amended by Federal law, July 7, 2011, No 420-ФЗ)

2. The same action, committed:
3. a) by a group of persons by previous concert;
4. b) became invalid. – Federal law, December 8, 2003, No 162-ФЗ;
5. c) became invalid. – Federal law, December 8, 2003, No 162-ФЗ;
6. d) in especially big amount, -

shall be punishable by a fine in the amount from three hundred thousand to five hundred thousand rubles or in the amount of salary or other earnings of the convicted person for a period of two to three years, or by compulsory labor for up to five years with or without disqualification to hold certain positions or to practice certain professions for up to three years, or by deprivation of freedom for up to five years with or without disqualification to hold certain positions or to practice certain professions for up to three years.

 (as amended by Federal law, July 7, 2011, No 420-ФЗ)

3. Actions, provided by paragraphs one and two of this article, committed:
4. a) by an office holder, who exercised the powers vested in him by virtue of his office;
5. b) with force against a person, exercising customs control or border control, -

shall be punishable by deprivation of freedom for five to ten years with or without a fine in the amount up to one million rubles or in the amount of salary or other earnings of the convicted person for a period up to five years, with or without custodial restraint for up to one year and a half.

 (paragraph 3 was added by Federal law, July 12, 2011, No 420-ФЗ)

4. Actions, provided by paragraphs one, two and three of this article, committed by a group of persons by previous concert, -

(as amended by Federal law, December 12, 2014, No 530-ФЗ)

shall be punishable by deprivation of freedom for seven to twelve years with or without a fine in the amount up to one million rubles or in the amount of salary or other earnings of the convicted person for a period up to five years, with or without custodial restraint for up to two years.

(paragraph 4 was added by Federal law, July 12, 2011, No 420-ФЗ)

Note. Avoidance of customs charges payment is considered to be committed in big amount, if the amount of unpaid customs charges for products, transported across the customs border of the Eurasian Economic Union, including in one or several consignments, exceeds two million rubles, in especially big amount – six million rubles.

(as amended by Federal law, July 3, 2016, No 325-ФЗ)

Article 200.1. Smuggling of disposable funds and (or) cash instruments 

 (was added by Federal law, June 28, 2013, No 134-ФЗ)

1. Illegal trafficking across the customs border of the Eurasian Economic Union of disposable funds and (or) cash instruments, committed in big amount, -

shall be punishable by a fine in the amount of three-fold to ten-fold amount of illegally trafficked disposable funds and (or) value of illegally trafficked cash instruments, or in the amount of salary or other earnings of the convicted person for a period up to two years, or by custodial restraint for up to two years, or by compulsory labor for up to two years. 

2. Action, provided by paragraph one of this article, committed:
3. a) in especially big amount;
4. b) by a group of persons, -

shall be punishable by a fine in the amount of ten-fold to fifteen-fold amount of illegally trafficked disposable funds and (or) value of illegally trafficked cash instruments, or in the amount of salary or other earnings of the convicted person for a period up to three years, or by custodial restraint for up to four years, or by compulsory labor for up to four years.

Notes. 1. Action, provided by this article, is considered to be committed in big amount, if the amount of illegally trafficked disposable funds and (or) value of illegally trafficked cash instruments, exceeds the two-fold amount of disposable funds and (or) value of circular checks, permitted to traffic without declaring in writing, by customs legislation of the Customs Union of the Eurasian Economic Union.

2. Action, provided by this article, is considered to be committed in especially big amount, if the amount of illegally trafficked disposable funds and (or) value of illegally trafficked cash instruments, exceeds the five-fold amount of disposable funds and (or) value of circular checks, permitted to traffic without declaring in writing, by customs legislation of the Customs Union of the Eurasian Economic Union.
3. While calculating the amount of illegally trafficked disposable funds and (or) value of illegally trafficked cash instruments, it is necessary to exclude that amount, which is permitted to traffic without declaring by customs legislation of the Customs Union of the Eurasian Economic Union or was declared, from the total amount of illegally trafficked disposable funds and (or) value of illegally trafficked cash instruments.
4. A person, who voluntarily surrender disposable funds and (or) cash instruments, indicated in this article, is released from criminal liability, if there is no other formal elements of a crime in his actions. Revelation of disposable funds and (or) cash instruments during application of forms of customs control, their seizure during apprehending of the person, or during investigative proceedings, aimed to their revelation and seizure, are not considered to be voluntary surrender of disposable funds and (or) cash instruments.
5. By cash instruments in this article are meant circular checks, ineligible bills, checks (bank checks), as well as certificated securities, which certify emitter’s (obligator’s) liability to pay monetary funds, in which the person, who gets the payment, is not indicated.

Article 200.2. Smuggling of alcoholic products and (or) tobacco products                                                                                                             

(was added by Federal law, December 31, 2014, No 530-ФЗ)

1. Illegal trafficking across the customs border of the Customs Union of alcoholic products and (or) tobacco products in big amount, -

shall be punishable by a fine in the amount of three hundred thousand to one million rubles or in the amount of salary or other earnings of the convicted person for a period of one to three years, or by compulsory labor for up to five years, or by deprivation of freedom for up to five years

2. The same action, committed:
3. a) a group of persons by previous concert;
4. b) by an office holder, who exercised the powers vested in him by virtue of his office, -

shall be punishable by deprivation of freedom for three to seven years with or without a fine in the amount up to one million rubles or in the amount of salary or other earnings of the convicted person for a period up to three years.

3. Actions, provided by paragraphs one and two of this article, committed by an organized group, -

shall be punishable by deprivation of freedom for seven to twelve years with or without a fine in the amount up to two million rubles, or in the amount of salary or other earnings of the convicted person for a period up to five years, with or without custodial restraint for up to two years.

Notes. 1. Actions, provided by this article, are considered to be committed in big amount, if the value of alcoholic products and (or) tobacco products exceeds two hundred fifty thousand rubles.

2. While calculating the value of illegally trafficked alcoholic products and (or) tobacco products in big amount, it is necessary to exclude that part of total value, which is permitted to traffic without declaring by customs legislation of the Customs Union, or was declared, from the total value of illegally trafficked alcoholic products and (or) tobacco products.

Article 226.1. Smuggling of potent, poisonous, toxic, explosive, radioactive substances, radiation sources, nuclear materials, firearms and their basic units, explosive devices, ammunition, mass destruction weapons, its delivery means, other weaponry, other military equipment, as well as materials and devices, which can be used in production of mass destruction weapons, of its delivery means, of other weaponry, of other military equipment, as well as of strategically significant goods and resources, or cultural valuables, or most valuable feral animals and aquatic biological resources       

 (as amended by Federal law, July 7, 2013, No 150-ФЗ)

(was added by Federal law, December 7, 2011, No 420-ФЗ)

1. Illegal trafficking across the customs border of the Customs Union of the Eurasian Economic Union or across the state borders of the Russian Federation with the Customs Union of the Eurasian Economic Union member countries, of potent, poisonous, toxic, explosive, radioactive substances, radiation sources, nuclear materials, firearms, their basic units (tube, breechblock, cylinder, receiver, barrel extension), explosive devices, ammunition, mass destruction weapons, its delivery means, other weaponry, other military equipment, as well as materials and devices, which can be used in production of mass destruction weapons, of its delivery means, of other weaponry, of other military equipment, as well as of strategically significant goods and resources, or cultural valuables in big amount, or most valuable feral animals and aquatic biological resources, which belong to species, listed in Red Book of the Russian Federation, and (or) which are conserved by international agreements of the Russian Federation, their parts and derivatives, -

(as amended by Federal laws, July 2, 2013, No 150-ФЗ, June 21, 2018, No 157- ФЗ)

shall be punishable by deprivation of freedom for three to seven years with or without a fine in the amount up to one million rubles or in the amount of salary or other earnings of the convicted person for a period up to five years, with or without custodial restraint for up to one year.

2. Action, provided by paragraph one of this article, committed:
3. a) by an office holder, who exercised the powers vested in him by virtue of his office;
4. b) with force against a person, exercising customs control or border control, -

shall be punishable by deprivation of freedom for five to ten years with or without a fine in the amount up to one million rubles or in the amount of salary or other earnings of the convicted person for a period up to five years, with or without custodial restraint for up to one year and a half.

3. Actions, provided by paragraphs one and two of this article, committed by an organized group, -

shall be punishable by deprivation of freedom for seven to twelve years with or without a fine in the amount up to one million rubles or in the amount of salary or other earnings of the convicted person for a period up to five years, with or without custodial restraint for up to two years.

Notes. 1. A list of strategically significant goods and resources for this article is confirmed by the Government of the Russian Federation.

2. A big amount of strategically significant goods and resources in this article is interpreted as their value, which exceeds one million rubles. For selected significant goods and resources, specified by the Government of the Russian Federation, a big amount is their amount, which exceeds one hundred thousand rubles.

(as amended by Federal laws, July 23, 2013, No 245-ФЗ, June 27, 2018, No 156- ФЗ)

3. A list of most valuable feral animals and aquatic biological resources, which belong to species, listed in Red Book of the Russian Federation, and (or) which are conserved by international agreements of the Russian Federation, for this article and article 258.1 of this Code is confirmed by the Government of the Russian Federation.

(note 3 was added by Federal law, July 2, 2013, No 150-ФЗ)

4. A big amount of cultural valuables in this article is interpreted as their value, which exceeds one hundred thousand rubles.

(note 4 was added by Federal law, July 23, 2013, No 245-ФЗ)

Article 229.1. Smuggling of narcotic drugs, psychotropic substances, their precursors or analogues, plants, which contain narcotic drugs, psychotropic substances or their precursors, instruments and facilities, which are under special control and which are used in production of narcotic drugs or psychotropic substances    

 (was added by Federal law, December 7, 2011, No 420-ФЗ)

1. Illegal trafficking across the customs border of the Customs Union of the Eurasian Economic Union or across the state borders of the Russian Federation with the Customs Union of the Eurasian Economic Union member countries, of narcotic drugs, psychotropic substances, their precursors or analogues, plants, which contain narcotic drugs, psychotropic substances or their precursors, or parts of plants, which contain narcotic drugs, psychotropic substances or their precursors, instruments and facilities, which are under special control and which are used in production of narcotic drugs or psychotropic substances, -

shall be punishable by deprivation of freedom for three to seven years with or without a fine in the amount up to one million rubles or in the amount of salary or other earnings of the convicted person for a period up to five years, with or without custodial restraint for up to one year.

2. The same action, committed:
3. a) by a group of persons by previous concert;
4. b) by an office holder, who exercised the powers vested in him by virtue of his office;
5. c) to narcotic drugs, psychotropic substances, their precursors or analogues, plants, which contain narcotic drugs, psychotropic substances or their precursors, or parts of plants, which contain narcotic drugs, psychotropic substances or their precursors, in a large amount, -

shall be punishable by deprivation of freedom for five to ten years with or without a fine in the amount up to one million rubles or in the amount of salary or other earnings of the convicted person for a period up to five years, with or without custodial restraint for up to one year and a half.

3. Actions, provided by paragraphs one and two of this article, committed to narcotic drugs, psychotropic substances, their precursors or analogues, plants, which contain narcotic drugs, psychotropic substances or their precursors, or parts of plants, which contain narcotic drugs, psychotropic substances or their precursors, in big amount

shall be punishable by deprivation of freedom for ten to twenty years with or without a fine in the amount up to one million rubles or in the amount of salary or other earnings of the convicted person for a period up to five years, with or without custodial restraint for up to two years.

4. Actions, provided by paragraphs one, two or three of this article, committed:
5. a) by an organized group;
6. b) to narcotic drugs, psychotropic substances, their precursors or analogues, plants, which contain narcotic drugs, psychotropic substances or their precursors, or parts of plants, which contain narcotic drugs, psychotropic substances or their precursors, in especially big amount;
7. c) with force against a person, exercising customs control or border control, -

shall be punishable by deprivation of freedom for fifteen to twenty years with or without a fine in the amount up to one million rubles or in the amount of salary or other earnings of the convicted person for a period up to five years, with or without custodial restraint for up to two years, or by deprivation of freedom for life.

 (as amended by Federal law, March 1, 2012. No 18-ФЗ)

Notes. Became invalid. – Federal law, March 1, 2012, No 18-ФЗ.

Общество с ограниченной ответственностью «Вивион» (ООО «Вивион»)

Генеральный директор ________________________Р.Д. Гудков