Code Of Administrative Offences Of The Russian FederationNO. 195-FZ OF DECEMBER 30, 2001
(with the Amendments and Additions of April 25, December 31, 2002, June 30, July 4, November 11, December 8, 2003, April 25, 2002)
Adopted by the State Duma on December 20, 2001
Endorsed by the Council of Federation on December 26, 2001
Chapter 3. Administrative Penalty
Article 3.1. Aims of an Administrative Penalty
1. An administrative penalty is a punitive measure for committing an administrative offence, established by the state, and it shall be administered for the purpose of preventing the commitment of new offences either by the offender himself, or by other persons.
2. An administrative penalty may not be aimed at the abasement of human dignity of the natural person who has committed an administrative offence, or at inflicting on him physical suffering, or at damaging business reputation of a legal entity.
Article 3.2. Types of Administrative Penalties
1. The following types of administrative penalties may be established and imposed for committing administrative offences:
2) administrative fine;
3) compensated seizure of the instrument or object of an administrative offence;
4) confiscation of the instrument or the object of an administrative offence;
5) deprivation of a special right granted to a natural person;
6) administrative arrest;
7) administrative deportation from the Russian Federation of a foreign citizen or a stateless person;
2. The administrative penalties enumerated in Items 1 to 4 of this Article may apply to a legal entity.
3. The administrative penalties enumerated in Items 3 to 8 of Part 1 of this Article shall be established only by this Code.
Article 3.3. Principal and Additional Administrative Penalties
1. A warning, an administrative fine, deprivation of a special right granted to a natural person, an administrative arrest and disqualification may be established and imposed as principal administrative penalties.
2. Compensated seizure of the instrument or subject of an administrative offence, or confiscation of the instrument or subject of an administrative offence, as well as administrative deportation from the Russian Federation of a foreign citizen or a stateless person may be established and imposed either as a principal penalty, or as an additional one.
3. For one administrative offence there may be imposed either a principal administrative penalty, or a principal and additional one from the number of penalties indicated in the sanctions part of an applicable article of the Given Part of this Code or of the law on administrative responsibility of a subject of the Russian Federation.
Article 3.4. Warning
A warning is an administrative punitive measure in the form of an official censure of a natural person or of a legal entity. A warning is issued in writing.
Article 3.5. Administrative Fine
1. An administrative fine is the recovery of monetary assets in an amount which may be equal to:
1) the minimum amount of labour wages (without taking into account regional coefficients) established by federal law at the moment of termination or interruption of an administrative offence (hereafter referred to as the minimum wage);
2) the cost of the subject of an administrative offence at the moment of termination or interruption of an administrative offence;
3) the amount of unpaid taxes and fees subject to payment at the moment of termination or interruption of an administrative offence, or the amount of an illegal currency transaction or in the amount of the unpaid fine;
2. The amount of an administrative fine may not be less than one tenth the minimum wage.
3. The amount of an administrative fine, imposed on citizens and calculated on a base coefficient times the minimum wage, may not exceed twenty five times the minimum wage, that imposed on officials may not exceed fifty times the minimum wage and that imposed on legal entities may not exceed one thousand times the minimum wage.
An administrative fine for violation of the laws on the internal sea waters, or on the inland sea, or on the continental shelf, or on the economic exclusion zone of the Russian Federation, of antitrust, customs, currency laws of the Russian Federation, as well as of the laws of the Russian Federation on natural monopolies, on advertising, on lotteries or on environmental protection, or on the state regulation of production and sale of ethyl alcohol, alcoholic products and those containing alcohol, imposed on officials and legal entities, may exceed the amounts indicated in Paragraph One of this Part, but may not exceed two hundred times the minimum wage for officials and five thousand times the minimum wage for legal entities.
4. The amount of an administrative fine calculated on the basis of the cost the subject of an administrative offence, as well as on the basis of the amount of unpaid taxes and fees, may not exceed threefold the cost of the appropriate subject and threefold the amount of unpaid taxes and fees.
5. An administrative fine shall be transferred in full to the budget in compliance with the laws of the Russian Federation.
Article 3.6. Conpensated Seizure of the Instrument of an Administrative Offence or the Subject of an Administrative Offence
1. Conpensated seizure of the instrument of an administrative offence or the subject of an administrative offence shall be the compulsory seizure and subsequent realization thereof, as well as the transfer of the amount of money gained, with the deduction of the expenses connected with realization of the seized subject, to the former owner thereof. Conpensated seizure shall be imposed by a judge.
2. Conpensated seizure of hunting weapon, ammunition and other permitted hunting and fishing equipment may not be imposed on those persons for whom fishing and hunting are the main legal sources of means of sustenance.
Article 3.7. Confiscation of the Instrument or Subject of an Administrative Offence
1. Confiscation of the instrument or subject of an administrative offence is the compulsory transfer to federal ownership or the ownership of a subject of the Russian Federation of articles which are not withdrawn from circulation. Confiscation shall be imposed by a judge.
2. Confiscation of hunting weapon, ammunition and other permitted hunting and fishing equipment may not be imposed on those persons for whom hunting and fishing are the main legal sources of means of sustenance.
3. The seizure from an administrative offender who unlawfully has in his possession the following instruments or subjects of an offence shall not be deemed a confiscation:
items subject to return to the legal owner thereof in compliance with the federal laws;
items withdrawn from circulation or wrongfully possessed by a person who has committed an administrative offence and for that and other reasons subject to transfer to state ownership or to destruction.
Article 3.8. Deprivation of a Special Right
1. Deprivation of a natural person, who has committed an administrative offence, of a special right granted to him before, shall be imposed for gross or systematic violation of the procedure for enjoying this right in the cases provided for by the articles of the Special Part of this Code. Deprivation of a special right shall be imposed by a judge.
2. The term of deprivation of a special right may not be less than one month or more than two years.
3. Deprivation of a special right in the form of the right to drive a transport vehicle may not be imposed on the person using his transport vehicle by reason of his disability, except if a person drives his transport vehicle in a state of alcoholic intoxication, or avoids a proper medical examination as regards alcoholic intoxication, or where said person leaves, in defiance of the established rules, the place of a road traffic accident of which he is a participant.
4. Deprivation of a special right in the form of a right hunt may not be imposed on those persons for whom hunting is the main source of means of sustenance.
Article 3.9. Administrative Arrest
1. Administrative arrest shall consist of keeping an offender isolated from society and shall be established for the term up to fifteen days, and up to 30 days for violating the demands of a state of emergency or of the regime of conducting an anti-terrorist operation. An administrative arrest shall be imposed by a judge.
2. An administrative arrest shall only be established and imposed in exceptional cases for individual types of administrative offences, and it may not be enforced in respect of pregnant women, or women having children of fourteen years or less, or in respect of persons who have not attained the age of eighteen years, or disabled persons of Group I and II.
3. The term of any administrative detention shall be included into the term of the administrative arrest.
Article 3.10. Administrative Deportation from the Russian Federation of a Foreign Citizen or of a Stateless Person
1. Administrative deportation from the Russian Federation of foreign citizens or stateless persons shall consist of the compulsory and controlled transportation of said citizens and persons across the state border of the Russian Federation beyond the boundaries of the Russian Federation, and in the cases, provided for by the laws of the Russian Federation, the controlled independent exit of foreign citizens and stateless persons out of the Russian Federation.
2. Administrative deportation from the Russian Federation as an administrative punitive measure shall be established in respect of foreign citizens and stateless persons and shall be imposed by a judge, but in the event a foreign citizen or a stateless person commits an administrative offence when entering the Russian Federation, it shall be done by appropriate officials.
Article 3.11. Disqualification
1. Disqualification shall consist of depriving a natural person of the right to hold leading positions in an executive administrative body, or to participate in a board of directors (supervisory council), or to be engaged in business as the head of a legal entity, as well as to be engaged in management of a legal entity in other cases provided by the laws of the Russian Federation. An administrative penalty in the form of disqualification shall be imposed by a judge.
2. Disqualification shall be imposed for a term of from six months to three years.
3. Disqualification may apply to persons who exercise organisational-and- managerial or administrative-and-economic functions in a body of a legal entity, or to members of a board of directors, as well as to persons engaged in business without forming a legal entity, including arbitration managers.
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