At the plenary session, the State Duma adopted in the first reading a draft law on clarifying the norms of the Criminal Code of the Russian Federation, which relate to 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 of the Russian Federation 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 liability depending on the object of smuggling. Currently, illegal movement across the customs border of the EAEU or the border of the Russian Federation of some large-scale goods (worth more than 100 thousand rubles), including from the government's list of strategically important goods and resources, can result in imprisonment for up to seven years with a fine of up to 1 million rubles. The same punishment is threatened for 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 has 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 set out article 226.1 in a new version in order to extend its effect, including to the smuggling of tobacco and alcoholic products.
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 draft law for the smuggling of alcoholic and tobacco products, the perpetrators will be prosecuted under Article 226.1 of the Criminal Code of the Russian Federation," 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, adjacent with other member States of the Union."
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 alcoholic products), punishment is proposed in the form of a fine of up to 1 million rubles or in the amount of income of a convicted person for a period of up to three years, forced labor for up to five years years or imprisonment for the same period. The same punishment will be imposed for smuggling large-scale cultural values, 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 such criminal cases.
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