The State Duma Committee on State Construction and Legislation recommended that deputies adopt in the first reading a bill to clarify the norms of the Criminal Code of the Russian Federation, which relate to the smuggling within the Eurasian Economic Union (EAEU) of certain goods, including tobacco products and alcoholic beverages.
The initiative was submitted to the Duma by the Government in September. The document proposes to set out in a new version of Article 226.1 of the Criminal Code of the Russian Federation and differentiate responsibility depending on the subject of smuggling. Currently, illegal movement of large-scale goods (worth more than 100 thousand rubles) across the customs border of the EAEU or the border of the Russian Federation, including from the government list of strategically important goods and resources, can lead to imprisonment for up to seven years with a fine of up to 1 million rubles. The same punishment is threatened for the smuggling of potent and poisonous, explosive, radioactive substances, nuclear materials, firearms and other weapons, military equipment, as well as cultural values or especially valuable wild animals and aquatic biological resources belonging to species listed in the Red Book of the Russian Federation.
In addition, the Criminal Code of the Russian Federation also contains a separate article 200.2 on punishment for smuggling alcoholic beverages or tobacco products across the customs border of the Customs Union. It provides for a fine of up to 1 million rubles, forced labor for up to five years or imprisonment for the same period. The authors of the initiative propose to recognize this article as invalid and to state Article 226.1 in a new edition in order to extend its effect, including to the smuggling of tobacco and alcoholic products from and to the Russian Federation.
As the authors of the initiative remind, such products and products are included in the government's list of strategically important goods and resources and their large-scale smuggling is prosecuted under Article 226.1 of the Criminal Code of the Russian Federation. Thus, it is indicated in the explanatory note, "with the adoption of the bill for the smuggling of alcohol and tobacco products, the guilty persons will be brought to criminal responsibility under Article 226.1 of the Criminal Code of the Russian Federation," and regardless of whether the smuggling is carried out through sections of the state border of the Russian Federation coinciding with the customs border of the EAEU, "or through sections of the state border of the Russian Federation Federations adjacent to other member States of the Union".
Previous sanctions
At the same time, it is proposed to keep the sanctions for such a crime the same. For smuggling across the customs border of the EAEU or the border of the Russian Federation with the member states of the Union of strategically important goods and resources included in the list of the Cabinet of Ministers (including tobacco and alcohol products), punishment is proposed in the form of a fine of up to 1 million rubles or in the amount of the convicted person's income for a period of up to three years, forced labor for up to five years years or imprisonment for the same period. The same penalty will be imposed for smuggling cultural values on a large scale, especially valuable wild animals, aquatic biological resources, plants and fungi belonging to species listed in the Red Book of the Russian Federation.
The current punishment of up to seven years in prison with a fine of up to 1 million rubles is proposed to be extended to crimes related to the smuggling of potent and poisonous, explosive, radioactive substances, nuclear materials, firearms and other weapons, military equipment.
Corresponding changes are being made to the Criminal Procedure Code of the Russian Federation. It is also established that the customs authorities and border authorities of the FSB of the Russian Federation are entitled to conduct an inquiry in these criminal cases.
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