Criminal Code of the Russian Federation Russian newspaper. Criminal Code of the Russian Federation

On July 15, 2016, a new edition of the Criminal Code of the Russian Federation came into force. The amendments concern the clarification of the state of intoxication and the exemption from criminal liability for economic crimes and the introduction of the concept of "judicial fine". In addition, the concept commercial bribery and clarified liability for bribery.

Since July 15, 2016, the wording of the Criminal Code has been amended by several federal laws that have come into force. The changes are related to economic crimes, decriminalization of certain crimes, the emergence of the concepts of "judicial fine" and "commercial bribery". In addition, legislators have clarified what is considered a state of intoxication.

Drunk

On July 15, 2016, the Federal Law of July 3, 2016 N 328-FZ came into force, which amended the law providing for liability for committing crimes while intoxicated. Now, not only alcohol or drug intoxication leads to aggravation of responsibility, but also such a state caused by the use psychotropic substances or their analogues, new potentially dangerous psychoactive substances or other intoxicating substances. Article 63 of the Criminal Code of the Russian Federation the presence of a person who has committed a crime in a state of intoxication is classified as an aggravating circumstance.

In article 264 of the Criminal Code of the Russian Federation, a person driving a vehicle in a state of intoxication is a person in respect of whom the fact of using substances that cause alcohol intoxication, which is determined by the presence of an absolute ethyl alcohol in a concentration exceeding the possible total measurement error established by the legislation of the Russian Federation on administrative offenses, or if this person has narcotic drugs, psychotropic substances or their analogues or new potentially dangerous psychoactive substances in the body of this person.

Clarification of criminal liability and judicial fine

Article 76.1 of the Criminal Code of the Russian Federation now provides for the exemption from criminal liability in cases of crimes in the field of economic activity of persons who are brought to criminal responsibility for the first time under article 170.2 of the Criminal Code of the Russian Federation, articles 176-178 of the Criminal Code of the Russian Federation, some parts of articles 191-197 of the Criminal Code of the Russian Federation and a number of others articles. Such release is possible if the guilty person has paid monetary compensation in the amount of double the amount of the damage caused, or transferred to federal budget proceeds from the commission of a crime. And also paid an amount equivalent to the amount of losses that were avoided as a result of the crime.

Federal Law No. 323-FZ of 03.07.2016 introduced a new one into the Criminal Code of the Russian Federation, which provides that a person who has committed a crime for the first time is small or moderate, may be released by the court from criminal liability with the imposition of a judicial fine in the event that it compensated for the damage or otherwise made amends for the harm caused by the crime. Article 78 of the Criminal Code of the Russian Federation provides for the interruption of the statute of limitations for criminal liability if the guilty person, among other things, evades paying a court fine.

The Code has new chapter 15.2 "Judicial penalty". It includes the following two new articles:

• "Judicial fine" defines that a judicial fine is pecuniary recovery appointed by the court when a person is released from criminal liability in cases provided for in Article 76.2 of the Criminal Code of the Russian Federation.
• "The procedure for determining the amount of a judicial fine" provides that the amount of a judicial fine cannot exceed half the maximum amount of a fine provided for by the relevant article of the Criminal Code of the Russian Federation. If the fine is not provided for by the relevant article of the Criminal Code of the Russian Federation, then the amount of the judicial fine cannot exceed 250 thousand rubles.

Decriminalization of battery, non-payment of alimony, petty theft and fraud

Federal Law No. 323-FZ of July 3, 2016, which entered into force on July 15, 2016, reclassified certain crimes as administrative offenses, provided they were committed for the first time. So, in article 116 of the Criminal Code of the Russian Federation "Beatings" a note appeared that criminal liability occurs for beatings committed against close persons. Which are understood as close relatives (spouse, wife, parents, children, adoptive parents, adopted (adopted) children, siblings, grandfathers, grandmothers, grandchildren), guardians, trustees, as well as persons who are in property with the criminal.

A new one has appeared in the Criminal Code, regulating the onset of criminal liability for beating by a person who has already been subjected to administrative punishment for such an act. Article 157 of the Criminal Code of the Russian Federation now provides for criminal liability for non-payment of alimony by a parent or adult children without good reasons in violation of a court order or a notarized agreement only in the case of repeated evasion. The note to the article clarifies that repetition should be understood as the commission of such actions by a person who has already been subjected to administrative punishment for a similar act, during the period of this administrative punishment.

In Article 158 of the Criminal Code of the Russian Federation, the amount of damage recognized as significant has changed. Now it is more than 5 thousand rubles. A large amount is the amount of damage in excess of 250 thousand rubles. Also, a new one has appeared in the Criminal Code, regulating the criminal liability of a person already subjected to administrative liability. Added to Article 159 of the Criminal Code of the Russian Federation new item 5, providing that for fraud involving willful non-performance contractual obligations in the field entrepreneurial activity, a fine of up to 300 thousand rubles, or imprisonment for a term of 5 years. The new paragraph 6 of the same article of the Criminal Code of the Russian Federation provides that for such an act committed on a large scale, a person will be punished in the form of a fine of up to 500 thousand rubles, or imprisonment for up to 6 years. An especially large amount, provided for in paragraph 7, is punishable by imprisonment for up to 10 years.

In addition, the sanctions of Article 159.1 of the Criminal Code of the Russian Federation, Article 159.2 of the Criminal Code of the Russian Federation, Article 159.5 of the Criminal Code of the Russian Federation and Article 159.3 of the Criminal Code of the Russian Federation have been strengthened. They now provide for punishment in the form of imprisonment for up to 6 and 5 years, respectively. has lost its power. According to Article 169 of the Criminal Code of the Russian Federation, 1.5 million rubles is now recognized as a large amount.

Commercial bribery and bribery

Federal Law No. 324-FZ of July 3, 2016, which entered into force on July 15, 2016, added a number of clauses that clarify the concept of commercial bribery and liability for its commission. So, now commercial bribery is:

Illegal transfer of money to a person performing managerial functions in a commercial or other organization, valuable papers, other property, and illegal rendering services of a property nature to him, the provision of other property rights (including when, at the direction of such a person, property is transferred, or services of a property nature are provided, or property rights granted to another individual or legal entity) for actions (inaction) in the interests of the giver or other persons, if these actions (inaction) are within the official powers of such a person or if he, by virtue of his official position, can contribute to these actions (inaction).

The same law introduced a new one into the Code, providing for liability for mediation in commercial bribery. Such an act is understood as the direct transfer of the subject of commercial bribery (illegal reward) on behalf of the person transferring the subject of commercial bribery, or the person receiving the subject of commercial bribery, or other assistance to these persons in reaching or implementing an agreement between them on the transfer and receipt of the subject of commercial bribery. Punishment for a significant amount can be in the form of a fine or imprisonment for up to 2 years.

The new article 204.2 of the Criminal Code of the Russian Federation provides for punishment for petty commercial bribery. This means an amount not exceeding 10 thousand rubles. Article 290 of the Criminal Code of the Russian Federation has changed the responsibility for taking a bribe. Now, such actions are punishable by a fine ranging from 200,000 to 1.5 million rubles. Officials of foreign or international organizations will pay more - from 500 thousand to 2 million rubles. Article 291 of the Criminal Code of the Russian Federation now provides for liability for giving a bribe, including when a bribe is ordered by official transferred to another person or entity. Article 291.1 of the Criminal Code of the Russian Federation clarifies the responsibility for mediation when giving a bribe. In addition, a new one has been introduced that defines petty bribery as a criminal offense. According to her:

Receiving a bribe, giving a bribe personally or through an intermediary in an amount not exceeding 10 thousand rubles, is punishable by a fine in the amount of up to 200 thousand rubles or in the amount of wages or other income of the convicted person for a period of up to three months, or by corrective labor for a term of up to one year, or by restraint of liberty for a term of up to two years, or by deprivation of liberty for a term of up to one year.

Article 304 of the Criminal Code of the Russian Federation introduced liability for the provocation of a bribe or commercial bribery against foreign officials and officials of public international organizations.

New in criminal law: 2017 brought a lot of people who have already entered into legal force changes in the Criminal Code and Code of Criminal Procedure. In addition, many promising bills in this area became laws in 2018. Details are in the article below.

Main changes in criminal law in 2017

During 2017, the Criminal Code of the Russian Federation underwent many adjustments. Among the most notable changes, it is worth highlighting, for example, the amendment of Art. 116 (Law No. 8-FZ dated 07.02.2017) and 110 (Law No. 120-FZ dated 07.06.2017) of the Criminal Code, as well as supplementing the Code with new norms, in particular:

• Art. 171.3, 171.4 on illegal production/trafficking alcohol-containing products and illegal retail sale of alcohol, respectively (Law No. 203-FZ of July 26, 2017);
• Art. 110.1, 110.2 on inciting suicide and organizing activities to induce suicide, respectively (Law No. 120-FZ of June 7, 2017).

In addition, citizens applied to constitutional Court of the Russian Federation to check the compliance of the Constitution with criminal law norms, for example, Art. 212.1 of the Criminal Code of the Russian Federation on liability for repeated violations in the organization of public meetings and rallies. However, the court, by its decision of February 10, 2017 No. 2-P, recognized current regulations constitutional and did not oblige legislators to amend them.

Some innovations, both already implemented and probable, are worth considering in more detail.

Telephone terrorism

On December 31, 2017, Federal Law No. 501-FZ was adopted on amending the Criminal Code of the Russian Federation to increase liability for telephone terrorism.

Note! New edition the norm is significantly different from the current one, and at the same time it is much tougher. First, instead of 2 parts, the article will contain 4, and each subsequent one will provide for stricter liability than the previous one.

1. Under Part 1, deliberately false reports of terrorist attacks committed out of hooligan motives will fall under. The maximum punishment is 2 to 3 years of forced labor.
2. Part 2 - the same actions, but in relation to social infrastructure facilities, as well as causing major damage(more than 1 million rubles). The maximum punishment is from 3 to 5 years in prison.
3. Part 3 - telephone terrorism to destabilize work government agencies. The maximum is from 6 to 8 years in prison.
4. Part 4 - acts falling under the previous parts of the norm, but resulting in the death of a person or others grave consequences. The maximum is 8 to 10 years in prison.

For comparison: earlier, the maximum that threatened a convict under Art. 207 of the Criminal Code of the Russian Federation - 5 years in prison, and then on condition that a false report about an impending terrorist attack (arson or explosion) caused serious consequences or caused damage in the amount of more than 1 million rubles.

The fight against illicit trafficking in alcoholic products

On July 26, 2017, Law No. 203-FZ was adopted, by which the Criminal Code of the Russian Federation was supplemented by Art. 171.3. The newly introduced norm did criminal acts aimed at the illegal circulation of alcoholic and alcohol-containing products, as well as ethyl alcohol on a large scale. You can talk about a crime if the cost of such products exceeds 100,000 rubles. The qualifying features were:

• especially large amount of alcoholic products (in the amount of more than 1 million rubles);
• committing a crime as part of an organized group.

The same law introduced Art. 171.4 of the Criminal Code of the Russian Federation, which established liability for illegal retail trade alcoholic products if such a fact was recorded earlier and entailed bringing to administrative responsibility.

IMPORTANT! Art. 171.4 of the Criminal Code do not apply to the sale of such products to minors. In case of repeated sale of alcohol to minors, the norms of Art. 151.1 of the Criminal Code of the Russian Federation.

In Art. 327.1 of the Criminal Code of the Russian Federation (production / sale of excise or special stamps, as well as their use), the same law not only changed the amount of penalties, but also introduced 2 new parts - 5 and 6.

Part 5 introduced qualifying signs for a crime under Part 3 of Art. 327.1 of the Criminal Code of the Russian Federation (manufacturing fake markings for alcohol and tobacco products):

• a large amount of damage or income received from a crime (more than 100,000 rubles according to the note to the article);
• commission of an act by a group of persons.

Similar qualifying features are introduced in part 6 for the crime under Art. 4 tbsp. 327.1 of the Criminal Code of the Russian Federation, - the use of counterfeit labeling of alcohol and tobacco products.

Decriminalization of beatings

Law No. 8-FZ of February 7, 2017, popularly known as the "law on the decriminalization of beatings", made resonant amendments to Art. 116 of the Criminal Code of the Russian Federation.

By this act, Art. 116 of the Criminal Code of the Russian Federation, fundamental changes have been made. Previously, it contained simple and qualified formulations. The simple composition was excluded from the new edition. Now under Art. 116, only persons who caused physical suffering that did not cause harm to health, due to hooligan motives, as well as due to racial, national, political, ideological or social hostility, are held liable.

Conclusion! Obviously, according to this edition, the common family violence cannot lead to prosecution. Now such acts, committed for the first time, are qualified under Art. 6.1.1 of the Code of Administrative Offenses.

But persons who inflict beatings after being held accountable under Art. 6.1.1 of the Code of Administrative Offenses, may be punished under Art. 116.1 of the Criminal Code of the Russian Federation.

The fight against "groups of death"

2017 was marked, among other things, by a flurry of child suicides, which were the result of the activities of "death groups" on the Internet. A lot of difficulties arose in the process of bringing to justice those who organized such groups and directly entered into dialogues on the topic of suicide with minors.

Legislators contributed to their resolution by adopting the law of July 29, 2017 No. 248-FZ, according to which:

• The punishment under Part 2 of Art. 110 of the Criminal Code of the Russian Federation: from 8 to 15 years in prison instead of the previous fork from 5 to 8 years.
• Art. 110.1 of the Criminal Code of the Russian Federation on inciting or assisting in committing suicide. The maximum punishment is 15 years in prison.
• Art. 110.2 of the Criminal Code of the Russian Federation on the organization of activities aimed at inciting suicide. It is precisely under this norm that the actions of persons establishing the so-called death groups in in social networks. The maximum punishment is 15 years in prison.

In this case, the person who committed the crimes under Art. 110.2 of the Criminal Code of the Russian Federation, can be exempted from liability if 3 conditions are simultaneously met:

• voluntary cessation of criminal activity;
• active contribution to the disclosure or suppression of crimes provided for by 2 previous articles of the Criminal Code (110 and 110.1);
• absence in fact committed actions elements of another crime.

Law against "rubber" offices

In November 2018, the Law “On Amendments to Art. 322.3 of the Criminal Code of the Russian Federation” dated November 12, 2018 No. 420-FZ. New edition of Art. 322.3 of the Criminal Code of the Russian Federation establishes responsibility for fictitious registration foreigners, including non-residential premises. In other words, the phrase “in a residential area” disappeared from the note to the norm.

The law does not provide for changing the limits of criminal liability for such crimes, therefore, persons registering migrants in non-residential premises also face a maximum of 3 years in prison with the possibility of additional punishment.

Other promising bills

• The project to amend Art. 202 of the Criminal Code of the Russian Federation and the addition of the new Art. 202.1, was prepared by the Russian Ministry of Finance, but was never submitted to the State Duma. Assumed the introduction of criminal liability for providing an audited entity with a knowingly false audit report. At the same time, it was planned to exclude auditors from the number of subjects of art. 202 of the Criminal Code of the Russian Federation.
• The project to amend Art. 172.1 of the Criminal Code of the Russian Federation became the law "On Amendments to the Criminal Code of the Russian Federation" dated December 27, 2018 No. 530-FZ. It provides for an increase in the minimum threshold for punishment for this crime from 300,000 to 500,000 rubles. Qualifying signs for such acts have also been introduced: collusion or as part of an organized group.

This list is far from exhaustive, but it is already clear from it that a significant part of the changes in criminal law is aimed at combating economic crimes.

So, in 2017 - 2018 there was a whole series of significant changes in criminal law. Some of them provide for tougher liability, while others, on the contrary, decriminalized illegal acts.

Changes in legislation, especially in codes, are always a legal event that has a certain role in the future. legal regulation. Legislation is always being modernized, trying to fill certain problems, to regulate what could not be resolved, and to correct what was not effectively regulated. Therefore, changes appear constantly, of course, it cannot be said about the Criminal Code that this is one of the most changeable normative acts (even if we take the Criminal Procedural Code, then there are many more of them), but there are all changes and they need to be reported, since one way or another this branch of law regulates the most dangerous acts.

Now the Criminal Code absorbed some changes to come into effect in 2017. Some of them, by the way, should have worked even earlier, but the Ministry of Justice is considering the issue of their implementation not only from the position of law, but also from the position of the budget, since court proceedings and the maintenance of criminals is a huge cost for the state. Therefore, in order for some laws to be enforced, there must be an appropriate budget, but if this law has come into force, then it will be enforced, it does not happen that he committed a crime, and the criminal was not punished due to a lack of budget.

Forced labor

Changes will suffer penalties in the form of forced labor. IN State Duma there were discussions of a new legal act that will change the Criminal Code in this regard. These changes should begin their work just from 2017. Now, according to the idea of ​​the law, deprivation of liberty can be replaced by forced labor (of course, with certain conditions, there are different categories of cases depending on the severity of the crime, depending on the degree of public danger, and this, of course, must be taken into account). These norms should still come into force in 2014, but then it did not receive a course of action, since it is still needed necessary resource to implement such permutations, which means you need to prepare everything. Therefore, then this law could not receive proper approval, and only now this issue should be resolved, and changes to the Criminal Code of the Russian Federation come into force.

According to the meaning of the law, in theory, the execution should be something like this: a person who has committed crimes and received punishment in the form of forced labor will be sent to a special correctional center, or rather, to its territory. But, by and large, it will be free, that is, there is no imprisonment for a person: he does not sit in correctional facility(for example, settlement colonies, colonies with strict regimes, prisons, etc.), and can easily move around. However, such a punishment may appear as a substitute for serving a sentence when the parole procedure is applied.

While reading one of the editions on the Internet, a certain error was discovered, we are not specialists who make up expert opinion about various provisions acts, and we can also interpret them incorrectly, but I would like to voice the error found, since this is complete non-professionalism and a lawyer cannot express himself this way. So, in the editorial it is written that forced labor will be appointed for "not a serious crime that the offender committed for the first time." The layman will not be able to understand what a non-serious crime is and will not be able to find how to solve this issue, because there is no such concept. The following crimes are distinguished in the Criminal Code: small gravity, moderate, heavy and extra heavy. According to the author of that article, most likely they meant crimes of small and medium gravity.

So, here we understand that the categories of crime are minor and moderate. This is logical in the sense that grave and especially grave crimes are of a greater socially dangerous nature, so replacing them with forced labor would somehow not be entirely logical. The Criminal Code already has norms that make it easier for a criminal (if I may say so) in connection with the commission of crimes of small and medium gravity for the first time. Apparently, this experience is not so bad (especially since it has been regulated since time immemorial) and the legislator decided not to reinvent the wheel and introduce the same thing, which, we repeat, is quite logical.

The problem with the resources for implementing this law was incomprehensible (we are not analysts, but we can still express our opinion). In principle, this change will be more or less profitable for the state. So, when deprived of liberty, a person does not bring money to the state in any way, but only spends it, since considerable funds are allocated for the maintenance of convicts. In the case of forced labor, everything is somehow more logical here, since the convict will not only work, but earn money, and at the same time, part of it will be kept in the country's budget. That is, as if the work goes on and the money is received, it is much more useful.

We will return to the issue of forced labor, but in order not to dwell on one change, we will still highlight others.

Illegal migration

Now migrants, before illegally crossing the border of vast Russia, will have to think about it, since there may be punishments for them in accordance with the Criminal Code.

So implying a sanction would mean forced labor, either a fine or imprisonment. It turns out that making this crime Yes, in general, like any crime, this is a very unpleasant event.

There will also be qualified signs, as in the composition of a group of persons by prior agreement (in principle, without prior agreement it is more difficult to imagine, except that already directly in the process of committing a crime, although even here everything is rather ambiguous). It will also be a qualifying sign when using violence and threats, here the punishment will also be especially severe. For these qualifying signs, the maximum punishment in the form of imprisonment will increase to 6 years.

Whether it is worth punishing migrants in this way is not clear, perhaps this is due to the latest state policy, although this may have been a long-planned change. At the same time, not only those who crossed illegally, but also those who are on the territory of the country or are in transit (also illegally) will fall under the action of the composition. This composition is punishable by a fine of up to 300 thousand rubles. There are also alternatives in the form of correctional, forced or compulsory works. Speaking about the alternative, we do not mean that the offender will choose it himself, everything will, of course, depend on the decision of the court.

Fraud

Fraud was not bypassed this time either. The changes are not significant and it’s not at all a fact that they will be, so punishments will probably be changed. Fraud and its types are regulated by article 159 of the Criminal Code of the Russian Federation (and 159.1, 159.2, etc., depending on the areas).

Falsification of evidence

Changes will be made to the composition regulated by Article 303 of the Criminal Code of the Russian Federation. Here, if during the proof, various data were falsified that distort reality, then the official will be held liable. The subject, as you understand, is precisely the official.

Now, in theory, at the request of the victim, it will be possible to initiate such cases, with regard to fraud, so here the legislation has gone more towards guaranteeing the rights of participants in criminal proceedings.

Fraud and falsification of evidence were changed rather in judicial practice and on the initiative of the Supreme Court of the Russian Federation, which is quite logical, since they, like no one else, encounter this in practice and have the right to take initiative in the development of laws of the Russian Federation

The aspect is clear that articles on the Internet are one thing, but laws are completely different. Therefore, when reading any article, even this one, always pay attention to the law, sometimes they write complete "nonsense" on the Internet, and with disgusting wording that is never used in jurisprudence. In addition, even if the article is literate, it may become outdated, as the legislation is constantly being modernized. Therefore, despite the fact that the article seems literate, always check the references to the articles separately and independently, the article may have distorted information, and the law is directly what it really is.

On the issue of forced labor

In accordance with Part 1 of Art. 45 of the Criminal Code of the Russian Federation, forced labor is one of the main types of punishment. Article 53.1 of the Criminal Code of the Russian Federation regulates the general principles of its application: forced labor will be used as an alternative to imprisonment in cases provided for by the relevant articles of the Special Part of the Criminal Code of the Russian Federation, for committing a crime of small or medium gravity or for committing a serious crime for the first time.

Forced labor will be applied in relation to most of the offenses of the Special Part of the Criminal Code of the Russian Federation, with the exception of those offenses for which it would be unfair, such as murder (Art. 105 of the Criminal Code of the Russian Federation), intentional infliction grievous harm health (Article 111 of the Criminal Code of the Russian Federation), coercion to remove human organs or tissues for transplantation (Article 120 of the Criminal Code of the Russian Federation), rape (Article 131 of the Criminal Code of the Russian Federation), etc.

We believe it is correct that this punishment will be widely applied to a wide range of crimes, including the above-mentioned acts related to the illegal handling of material objects increased danger, since forced labor, by disciplining the convict, seems to be able to contribute to the formation of the habit of complying with the existing rules and, thereby, the refusal of the perpetrator to commit new similar and other crimes.

If, having imposed a punishment in the form of deprivation of liberty, the court comes to the conclusion that it is possible to correct the convict without actually serving the sentence in places of deprivation of liberty, he decides to replace the sentence of deprivation of liberty for the convict with forced labor (part 2 of article 53.1 of the Criminal Code of the Russian Federation). If the court imposes a sentence of imprisonment for more than five years, forced labor cannot be applied. This provision is also reflected in the established deadlines for a new type of punishment - forced labor will be imposed for a period of 2 months to 5 years (part 4 of article 53.1 of the Criminal Code of the Russian Federation).

As for the direct content of punishment, according to parts 3 and 5 of Art. 53.1 of the Criminal Code of the Russian Federation, forced labor consists in bringing the convict to work in places determined by institutions and bodies of the penitentiary system, and is appointed for a period of two months to five years. At the same time, deductions will be made from the salary of the convicted person to the state, transferred to the account of the relevant territorial authority penitentiary system, in the amount established by the court verdict, but in the range from 5 to 20%.

Forced labor is not assigned to minors; persons recognized as disabled of the first or second group; pregnant women; women with children under the age of three; women over fifty-five summer age; men who have reached the age of sixty-five, as well as military personnel, i.e. such persons for whom special working conditions are provided.

This type of punishment, of course, compares favorably with imprisonment, but with the existing shortcomings, it is hardly more humane than imprisonment in a colony-settlement.

In our opinion, forced labor should not be appointed for a period of more than three years, since long-term isolation from society forms negative personal attitudes and does not contribute to the correction of the convict. The meaning is given punishment create an alternative to imprisonment, where the goal is restoration social justice- is dominant. In particular, by involving convicts in the implementation of socially significant projects.

Once again, we draw your attention to the fact that you should always contact the ILA. Information article this is one thing, but the article of the law is completely different, if errors are made in the informational article, then in the law we see exactly what it really is. At the same time, the articles are often outdated compared to the legislation, 1-2 year article in certain cases may no longer be relevant, therefore, you should always double-check against the law.

On March 30, 2018, new editions of the Criminal Code of the Russian Federation and the Code of Criminal Procedure of the Russian Federation come into force. The changes are related to the possibility of deferment of punishment for committed crimes. On March 30, 2018, Federal Law No. 491-FZ of December 28, 2018 comes into force. which made changes to two criminal codes at once.

Amendments to the Criminal Code of the Russian Federation 2018 Article 228

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Changes in the Criminal Code of the Russian Federation 2018

Laws 323-FZ and 326-FZ dated 07/03/2018 introduced a number of significant changes to the Criminal, Criminal Procedure Codes of the Russian Federation and the Code of Administrative Offenses of the Russian Federation, most concerning the common articles 158, 159, 160 of the Criminal Code of the Russian Federation. Let us dwell on the most significant, influencing more quantity already convicted persons.

Amendments on grave and especially grave articles: When will the changes come out

So it is quite logical to introduce an innovation regarding crime in the field of computer information. The Criminal Code has only a few articles on this subject, and the development information technologies and crime in this area requires new sanctions for such manifestations. So there are many fraudulent schemes, which have to be qualified as much as possible, bringing them closer to traditional fraud. Meanwhile, their specificity is rather in-depth and really requires not only the emergence of new compositions, but also new concepts in order to best meet the goals of Criminal Law.

Amendments to article 105 for 2018

in Article 327 1: a) paragraph two of part three shall be reworded as follows: b) paragraph two of part four shall be reworded as follows: c) supplemented with parts five and six as follows: “5. deeds, part of third this article: a) causing major damage to the state or associated with the extraction of income on a large scale;

Changes in the Criminal Code of the Russian Federation from January 11, 2018

Art. 207 of the Criminal Code of the Russian Federation was also supplemented with two new parts. So, according to part 3, for knowingly false reporting of an act of terrorism in order to destabilize the activities of the authorities, the offender may be fined 700,000-1,000,000 rubles or in the amount of wages or other income of the convicted person for a period of 1 to 3 years, or imprisoned to prison for a term of 6 to 8 years.

Amendments to the Criminal Code of the Russian Federation in June 2018 for which articles

Changes in Articles 158, 159, 160 of the Criminal Code of the Russian Federation Thus, the legislator transferred a number of crimes under Part 1 of Article 158, Part 1 of Article 159, Part 1 of Article 160 of the Criminal Code to the category of administrative offenses. Innovations will not affect qualified teams the above articles, that is, group crimes, with causing significant damage, with penetration into a home, etc.

Changes in the Criminal Code of the Russian Federation in 2018

Citizens must know the laws of their country. Only thanks to this knowledge it is possible to prevent the commission of crimes. There are people who commit them not on purpose, because of ignorance of the laws. And then it will lead to incurring responsibility.

Changes in the criminal code of the Russian Federation in 2018

It is not yet entirely clear whether such measures are worth taking, but there is no doubt that the latest political strife has become the reason. This law also applies to those who simply pass by transit. They will have to pay a fine for staying in the country in the amount of 300,000 rubles.

Changes in the criminal code in 2018

Today in Russia there are many citizens who are convicted of committing crimes of medium gravity, for example, petty fraud. Despite weightless public Negative consequences, they continue to be a problem for the state and are in social isolation. Changes to the Criminal Code in 2018 are designed to deprive the problem of imprisonment of citizens who have realized their guilt and are ready to return to normal life and have not committed a serious crime.

From February 2018 amendments under article 228

to the draft federal law “On Amendments to Articles 821 and 228 of the Criminal Code of the Russian Federation and Article 398 of the Code of Criminal Procedure of the Russian Federation large size without the intent to sell, belong to the same category as similar crimes committed for the purpose of sale - grave and especially grave crimes.

What changes took place in the Criminal Code of the Russian Federation in January 2018

Article 201.1 of the Criminal Code of the Russian Federation introduces criminal liability up to imprisonment for up to ten years for the use by a person performing managerial functions in a commercial or other organization of his powers contrary to legitimate interests this organization and in order to derive benefits and advantages for themselves or other persons, if this act caused significant harm legally protected interests of society or the state in the performance of the state defense order.

Which articles of the Criminal Code of the Russian Federation were changed in 2018

79 of the Criminal Code of the Russian Federation, parole is the release of a prisoner ahead of time, appointed by a court verdict. In 2018, parole is possible if the court concludes that the convict has repented of his deed, and also partially or fully compensated for the harm caused by the crime.

Amendments to the Criminal Code of the Russian Federation in 2018 for which articles

3477) the following changes: are punishable by deprivation of liberty for a term of two to five years, with or without a fine in the amount of up to 500 thousand roubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of up to three years, or with restriction of liberty for a term of up to one and a half years, or without it.";

Section I. Criminal Law

Article 1 Criminal law Russian Federation
Article 2. Tasks of the Criminal Code of the Russian Federation
Article 3. Principle of legality
Article 4. The principle of equality of citizens before the law
Article 5. The principle of guilt
Article 6. The principle of justice
Article 7. The principle of humanism
Article 8. Grounds for criminal liability

Article 9. Action of the criminal law in time
Article 10. Retroactive effect of criminal law
Article 11
Article 12
Article 13. Extradition of persons who have committed a crime

Section II. Crime

Article 14. The concept of a crime
Article 15. Categories of crimes
Article 16
Article 17. Aggregate of crimes
Article 18. Recidivism of crimes

Article 19 General terms criminal liability
Article 20. Age of criminal responsibility
Article 21. Insanity
Article 22 Criminal liability persons with mental disorder, not excluding sanity
Article 23. Criminal liability of persons who have committed a crime in a state of intoxication

Article 24. Forms of guilt
Article 25. Crime committed intentionally
Article 26. Crime committed by negligence
Article 27. Liability for a crime committed with two forms of guilt
Article 28 innocent infliction harm

Article 29. Completed and unfinished crime
Article 30. Preparation for a crime and attempted crime
Article 31. Voluntary renunciation of a crime

Article 32. The concept of complicity in a crime
Article 33. Types of accomplices in a crime
Article 34. Liability of accomplices in a crime
Article 35
Article 36

Article 37. Necessary defense
Article 38
Article 39
Article 40. Physical or mental coercion
Article 41. Reasonable risk
Article 42. Execution of an order or order

Section III. Punishment

Article 43. The concept and goals of punishment
Article 44. Types of penalties
Article 45 additional types punishments
Article 46. Penalty
Article 47. Deprivation of the right to hold certain positions or engage in certain activities
Article 48. Deprivation of a special, military or honorary title, class rank And state awards
Article 49 Compulsory work
Article 50. Correctional labor
Article 51. Restriction on military service
Article 52
Article 53. Restriction of freedom
Article 53.1. Forced labor
Article 54. Arrest
Article 55. Maintenance in a disciplinary military unit
Article 56. Deprivation of liberty for a definite period
Article 57. Life imprisonment
Article 58
Article 59. Death penalty

Article 60 General Beginnings sentencing
Article 61. Circumstances mitigating punishment
Article 62. Sentencing in the presence of extenuating circumstances
Article 63. Circumstances aggravating punishment
Article 63.1. Assignment of punishment in case of violation pre-trial agreement about cooperation
Article 64
Article 65
Article 66. Sentencing for an unfinished crime
Article 67. Sentencing for a crime committed in complicity
Article 68
Article 69
Article 70
Article 71
Article 72
Article 73
Article 74. Cancellation probation or extension of probation

Section IV. Exemption from criminal liability and punishment

Article 75. Release from criminal liability in connection with active repentance
Article 76. Release from criminal liability in connection with reconciliation with the victim
Article 76.1. Exemption from criminal liability in cases of crimes in the sphere of economic activity
Article 77
Article 78. Release from criminal liability in connection with the expiration of limitation periods

Article 79 Grant of parole from serving a sentence
Article 80 soft view punishment
Article 80.1. Exemption from punishment due to a change in the situation
Article 81. Release from punishment due to illness
Article 82
Article 82.1. Postponement of serving sentences for drug addicts
Article 83 guilty verdict court

Article 84. Amnesty
Article 85. Pardon
Article 86. Conviction

Section V. Criminal liability of minors

Article 87. Criminal liability of minors
Article 88. Types of punishments imposed on minors
Section 89. Sentencing a Minor
Article 90
Article 91
Article 92. Release from punishment of minors
Article 93
Article 94
Article 95
Article 96. Application of the provisions of this Chapter to persons aged eighteen to twenty

Section VI. Other criminal law measures

Article 97. Grounds for the application of coercive measures medical nature
Article 98
Article 99. Types of compulsory medical measures
Article 100. Outpatient compulsory observation and treatment by a psychiatrist
Article 101 Forced treatment in a psychiatric hospital
Article 102. Extension, modification and termination of the application of compulsory medical measures
Article 103
Article 104

Article 104.1. Confiscation of property
Article 104.2. Confiscation Money or other property instead of the item subject to confiscation
Article 104.3. Compensation for the damage caused

Section VII. Crimes against the person

Article 105. Murder
Article 106. Murder of a newborn child by a mother
Article 107. Murder committed in a state of passion
Article 108. Murder committed in excess of the limits necessary defense or in excess of the measures necessary to detain a person who has committed a crime
Article 109. Causing death by negligence
Article 110. Driving to suicide
Article 111. Intentional infliction of grievous bodily harm
Article 112. Deliberate infliction of moderate harm to health
Article 113
Article 114
Article 115. Intentional causing lung harm to health
Article 116. Beatings
Article 117. Torture
Article 118. Causing grievous bodily harm through negligence
Article 119
Article 120. Compulsion to remove human organs or tissues for transplantation
Article 121. Infection with a venereal disease
Article 122. Infection with HIV infection
Article 123. Illegal abortion
Article 124. Failure to provide assistance to a patient
Article 125. Leaving in danger

Article 126. Abduction of a person
Article 127 Illegal deprivation freedom
Article 127.1. Human trafficking
Article 127.2. Use of slave labor
Article 128. Illegal placement in a psychiatric hospital
Article 128.1. Slander
Article 129
Article 130

Article 131. Rape
Article 132. Violent acts of a sexual nature
Article 133. Compulsion to act of a sexual nature
Article 134. Sexual intercourse and other acts of a sexual nature with a person under the age of sixteen
Article 135

Article 136. Violation of equality of rights and freedoms of man and citizen
Article 137. Violation of privacy
Article 138. Violation of the secrecy of correspondence, telephone conversations, postal, telegraphic or other communications
Article 138.1. Illicit trafficking of special technical means designed to secretly obtain information
Article 139. Violation of the inviolability of the home
Article 140. Refusal to provide information to a citizen
Article 141 voting rights or the work of election commissions
Article 141.1. Violation of the Procedure for Financing the Election Campaign of a Candidate, an Electoral Association, the Activities of an Initiative Group for Holding a Referendum, or Another Group of Referendum Participants
Article 142. Falsification of election documents, referendum documents
Article 142.1. Voting fraud
Article 143. Violation of labor protection rules
Article 144 professional activity journalists
Article 145 Unreasonable refusal in employment or unjustified dismissal a pregnant woman or a woman with children under the age of three
Article 145.1. Non-payment of wages, pensions, scholarships, allowances and other payments
Article 146. Violation of copyright and related rights
Article 147. Infringement of invention and patent rights
Article 148. Obstruction of the exercise of the right to freedom of conscience and religion
Article 149

Article 150. Involvement of a minor in the commission of a crime
Article 151
Article 151.1. Retail alcohol products for minors
Article 152
Article 153
Article 154. Illegal adoption (adoption)
Article 155. Disclosure of the secret of adoption (adoption)
Article 156
Article 157

Section VIII. Economic crimes

Article 158. Theft
Article 159. Fraud
Article 160. Misappropriation or waste
Article 161. Robbery
Article 162. Robbery
Article 163. Extortion
Article 164. Theft of items of special value
Article 165. Causing property damage by deception or abuse of trust
Article 166
Article 167 Intentional destruction or property damage
Article 168. Destruction or damage to property through negligence

Article 169
Article 170. Registration illegal transactions with the earth
Article 170.1. Falsification of the Unified State Register legal entities, a register of securities holders or a depositary accounting system
Article 171. Illegal entrepreneurship
Article 171.1. Manufacture, purchase, storage, transportation or sale of unmarked goods and products
Article 171.2. Illegal organization and gambling
Article 172. Illegal banking activities
Article 173
Article 173.1. Illegal formation (creation, reorganization) of a legal entity
Article 173.2. Illegal use documents for the formation (creation, reorganization) of a legal entity
Article 174. Legalization (laundering) of money or other property acquired by other persons in a criminal way
Article 174.1. Legalization (laundering) of money or other property acquired by a person as a result of committing a crime
Article 175. Acquisition or sale of property knowingly obtained by criminal means
Article 176. Illegal receipt of a loan
Article 177. Malicious evasion from repayment of accounts payable
Article 178. Prevention, restriction or elimination of competition
Article 179
Article 180. Illegal use of a trademark
Article 181. Violation of the rules for the manufacture and use of state hallmarks
Article 182
Article 183 Illegal receipt and disclosure of information constituting a commercial, tax or banking secret
Article 184. Bribery of participants and organizers of professional sports competitions and spectacular commercial competitions
Article 185. Abuses when issuing securities
Article 185.1. Malicious evasion from disclosure or provision of information specified by the legislation of the Russian Federation on securities
Article 185.2. Violation of the procedure for accounting for rights to securities
Article 185.3. Market manipulation
Article 185.4. Obstruction of the exercise or unlawful restriction of the rights of holders of securities
Article 185.5. Falsifying a decision general meeting shareholders (participants) of a business company or a decision of the board of directors ( supervisory board) economic society
Article 186. Manufacture, storage, transportation or sale of counterfeit money or securities
Article 187. Production or sale of counterfeit credit or settlement cards and other payment documents
Article 188
Article 189 mass destruction, weapons and military equipment
Article 190
Article 191. Illicit turnover precious metals, natural precious stones or pearls
Article 192
Article 193. Failure to return funds in foreign currency from abroad
Article 194. Evasion of customs payments collected from an organization or individual
Article 195 Misconduct in case of bankruptcy
Article 196. Deliberate bankruptcy
Article 197. Fictitious bankruptcy
Article 198. Evasion of taxes and (or) fees from an individual
Article 199. Evasion of taxes and (or) fees from an organization
Article 199.1. Failure to fulfill the duties of a tax agent
Article 199.2. Concealment of funds or property of the organization or individual entrepreneur at the expense of which the collection of taxes and (or) fees should be made
Article 200

Article 201. Abuse of powers
Article 202. Abuse of powers by private notaries and auditors
Article 203
Article 204. Commercial bribery

Section IX. Crimes against public safety and public order

Article 205. Terrorist act
Article 205.1. Facilitating terrorist activities
Article 205.2. Public calls for terrorist activities or public justification terrorism
Article 206. Hostage-taking
Article 207. Knowingly false report about an act of terrorism
Article 208. Organization of an illegal armed formation or participation in it
Article 209. Banditry
Article 210 criminal organization) or participation in it (her)
Article 211
Article 212. Mass riots
Article 213. Hooliganism
Article 214. Vandalism
Article 215. Violation of safety rules at nuclear power facilities
Article 215.1. Termination or restriction of submission electrical energy or disconnection from other sources of life support
Article 215.2. Disablement of life support facilities
Article 215.3. Bringing oil pipelines, oil product pipelines and gas pipelines into disrepair
Article 216. Violation of safety rules in the course of mining, construction or other work
Article 217. Violation of safety rules at explosive objects
Article 217.1. Violation of the requirements for ensuring security and anti-terrorist protection of fuel and energy complex facilities
Article 218
Article 219. Violation of fire safety requirements
Article 220. Illegal handling of nuclear materials or radioactive substances
Article 221. Theft or extortion nuclear materials or radioactive substances
Article 222 explosives and explosive devices
Article 223. Illegal production of weapons
Article 224 Careless storage firearms
Article 225
Article 226. Theft or extortion of weapons, ammunition, explosives and explosive devices
Article 226.1. Smuggling of potent, poisonous, poisonous, explosive, radioactive substances, radiation sources, nuclear materials, firearms or their main parts, explosive devices, ammunition, weapons of mass destruction, their means of delivery, other weapons, other military equipment, as well as materials and equipment that can be used to create weapons of mass destruction, means of their delivery , other weapons, other military equipment, as well as strategically important goods and resources or cultural values
Article 227. Piracy

Article 228
Article 228.1. Illegal production, sale or transfer of narcotic drugs, psychotropic substances or their analogues, as well as illegal sale or transfer of plants containing narcotic drugs or psychotropic substances, or their parts containing narcotic drugs or psychotropic substances
Article 228.2. Violation of the rules for the circulation of narcotic drugs or psychotropic substances
Article 229
Article 229.1. Smuggling of narcotic drugs, psychotropic substances, their precursors or analogues, plants containing narcotic drugs, psychotropic substances or their precursors, or parts thereof containing narcotic drugs, psychotropic substances or their precursors, tools or equipment under special control and used for manufacturing narcotic drugs or psychotropic substances
Article 230
Article 231. Illegal cultivation of plants containing narcotic drugs or psychotropic substances or their precursors
Article 232
Article 233 Illegal extradition or forgery of prescriptions or other documents giving the right to receive narcotic drugs or psychotropic substances
Article 234 toxic substances for marketing purposes
Article 235. Illegal occupation of private medical practice or private pharmaceutical activity
Article 236. Violation of sanitary and epidemiological rules
Article 237
Article 238
Article 239
Article 240. Involvement in prostitution
Article 241. Organization of prostitution
Article 242 Illegal manufacture and trafficking in pornographic materials or objects
Article 242.1. Production and circulation of materials or objects with pornographic images of minors
Article 242.2. Using a Minor to Produce Pornographic Materials or Items
Article 243. Destruction or damage of monuments of history and culture
Article 244. Desecration of the bodies of the dead and their burial places
Article 245. Cruelty to animals

Article 246
Article 247 hazardous substances and waste
Article 248. Violation of safety rules when handling microbiological or other biological agents or toxins
Article 249. Violation veterinary regulations and rules established for the control of diseases and pests of plants
Article 250. Water pollution
Article 251. Pollution of the atmosphere
Article 252. Pollution of the marine environment
Article 253. Violation of the legislation of the Russian Federation on the continental shelf and on the exclusive economic zone of the Russian Federation
Article 254
Article 255. Violation of the rules for the protection and use of subsoil
Article 256. Illegal production (catch) of aquatic biological resources
Article 257. Violation of the rules for the protection of aquatic biological resources
Article 258. Illegal hunting
Article 259. Destruction of critical habitats for organisms listed in the Red Book of the Russian Federation
Article 260 Illegal logging forest plantations
Article 261. Destruction or damage of forest plantations
Article 262. Violation of the regime of specially protected natural areas and natural objects

Article 263
Article 263.1. Failure to meet security requirements transport security at the facilities transport infrastructure and vehicles
Article 264. Violation of rules traffic and operation of vehicles
Article 265
Article 266
Article 267
Article 268 safe work transport
Article 269. Violation of safety rules during the construction, operation or repair of main pipelines
Article 270
Article 271. Violation of the rules of international flights
Article 271.1. Violation of the rules for the use of the airspace of the Russian Federation

Article 272 Illegal Access to computer information
Article 273. Creation, use and distribution of malicious computer programs
Article 274

Section X Crimes Against State Power

Article 275. High treason
Article 276. Espionage
Article 277. Encroachment on the life of a state or public figure
Article 278. Forcible seizure of power or forcible retention of power
Article 279. Armed rebellion
Article 280
Article 281. Sabotage
Article 282
Article 282.1. Organization of an extremist community
Article 282.2. Organization of activities of an extremist organization
Article 283. Disclosure of state secrets
Article 284. Loss of documents containing state secrets

Article 285. Abuse of official powers
Article 285.1. Misappropriation budget funds
Article 285.2. Misappropriation of state extra-budgetary funds
Article 285.3. Entering deliberately false information into the unified state registers
Article 286
Article 286.1. Non-execution of an order by an employee of the internal affairs body
Article 287. Refusal to provide information Federal Assembly Russian Federation or the Accounts Chamber of the Russian Federation
Article 288. Assignment of powers of an official
Article 289. Illegal participation in entrepreneurial activity
Article 290. Taking a bribe
Article 291. Giving a bribe
Article 291.1. Mediation in bribery
Article 292. Official forgery
Article 292.1. Illegal issuance of a passport of a citizen of the Russian Federation, as well as the introduction of deliberately false information into documents, resulting in illegal acquisition citizenship of the Russian Federation
Article 293. Negligence

Article 294
Article 295
Article 296
Article 297. Contempt of court
Article 298
Article 298.1. Slander against a judge, juror, prosecutor, investigator, person conducting an inquiry, bailiff
Article 299
Article 300 Illegal Release from criminal liability
Article 301. Illegal arrest, detention or detention
Article 302. Compulsion to testify
Article 303. Falsification of evidence
Article 304. Provocation of a bribe or commercial bribery
Article 305
Article 306. Knowingly false denunciation
Article 307. Knowingly false readings, expert opinion, specialist or incorrect translation
Article 308. Refusal of a witness or victim to testify
Article 309
Article 310. Disclosure of preliminary investigation data
Article 311
Article 312
Article 313
Article 314
Article 314.1. Evasion of administrative supervision
Article 315
Article 316. Concealment of crimes

Article 317. Encroachment on the life of a law enforcement officer
Article 318
Article 319
Article 320
Article 321
Article 322. Illegal crossing state border Russian Federation
Article 322.1. Organization of illegal migration
Article 323
Article 324. Acquisition or sale of official documents and state awards
Article 325
Article 326. Forgery or destruction identification number vehicle
Article 327. Forgery, manufacture or sale fake documents, state awards, stamps, seals, forms
Article 327.1. Manufacture, sale of counterfeit stamps of excise duty, special stamps or marks of conformity or their use
Article 328. Evasion of military and alternative civilian service
Article 329 State Emblem Russian Federation or State flag Russian Federation
Article 330. Arbitrariness

Section XI. Crimes against military service

Article 331. The concept of crimes against military service
Article 332. Non-execution of an order
Article 333
Article 334
Article 335. Violation statutory rules relations between military personnel in the absence of subordination relations between them
Article 336
Article 337 Unauthorized abandonment units or places of service
Article 338. Desertion
Article 339
Article 340. Violation of the rules for carrying out combat duty
Article 341. Violation of the rules for carrying out the border service
Article 342. Violation of the statutory rules of guard duty
Article 343
Article 344. Violation of the statutory rules for carrying internal service and patrols in the garrison
Article 345
Article 346. Deliberate destruction or damage to military property
Article 347. Destruction or damage to military property by negligence
Article 348. Loss of military property
Article 349
Article 350. Violation of the rules for driving or operating machines
Article 351. Violation of flight rules or preparation for them
Article 352. Violation of navigation rules

Section XII. Crimes against the peace and security of mankind

Article 353. Planning, preparation, initiation or waging of aggressive war
Article 354
Article 355. Development, production, accumulation, acquisition or sale of weapons of mass destruction
Article 356. Use of Prohibited Means and Methods of Warfare
Article 357. Genocide
Article 358. Ecocide
Article 359. Mercenary
Article 360. Attack on persons or institutions enjoying international protection