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 14. Administrative Offences in Business
Article 14.1. Engaging in Business Activities without State Registration Thereof or without a Special Permit (License)1. Engaging in business activities without state registration as an individual businessman or without state registration as a legal entity - shall entail the imposition of an administrative fine in the amount of from five to twenty times the minimum wage. 2. Engaging in business activities without a special permit(license), where such permit (license) is obligatory shall entail the imposition of an administrative fine on citizens in the amount of from twenty to twenty five times the minimum wage with or without confiscation of products, instruments of production and raw materials; on officials in the amount of from forty to fifty times the minimum wage with or without confiscation of products, means of production and raw materials; and on legal entities in the amount of from four hundred to five hundred times the minimum wage accompanied by confiscation of products, means of production and raw materials. 3. Engaging in business activities in violation of the terms and conditions provided for by a special permit (license) - shall entail the imposition of an administrative fine on citizens in the amount of from fifteen to twenty times the minimum wage, on officials in the amount of from thirty to forty times the minimum wage, and on legal entities in the amount of from three hundred to four hundred times the minimum wage. Article 14.2. Unlawful Sale of Commodities (Other Articles) When Free Sale of Them Is Prohibited or RestrictedUnlawful sale of commodities (other articles) when free sale of them is prohibited or restricted by the laws - shall entail the imposition of an administrative fine on citizens in the amount of from fifteen to twenty times the minimum wage with or without confiscation of the subjects of the administrative offence; on officials in the amount of from thirty to forty times the minimum wage with or without confiscation of the subjects of the administrative offence; and on legal entities in the amount of from three hundred to four hundred times the minimum wage, with or without confiscation of the subjects of the administrative offence. Article 14.3. Violating the Legislation on AdvertisingViolation by a advertiser, by an advertising producer or by an advertising agent of the legislation on advertising (improper advertising or refusal of counter-advertising) - shall entail the imposition of an administrative fine on citizens in the amount of from twenty to twenty five times the minimum wage, on officials in the amount of from forty to fifty times the minimum wage, and on legal entities in the amount of from four hundred to five hundred times the minimum wage. Article 14.4. Selling Commodities, Carrying Out Works, or Rendering Services of Improper Quality, or in Violation of Sanitary Rules, to the Population1. Selling commodities to, carrying out works for, or rendering services to, the population, which do not meet the requirements of standards and specifications, or do not comply with models thereof, as regards quality, completeness or packing - shall entail the imposition of an administrative fine on citizens in the amount of from ten to fifteen times the minimum wage, on officials in the amount of from twenty to thirty times the minimum wage, and on legal entities in the amount of from two hundred to three hundred times the minimum wage. 2. Selling commodities to, carrying out works for, or rendering services to, the population in violation of sanitary rules or without a conformity certificate (a conformity declaration) attesting the safety of such commodities, works or services in respect of human life and health - shall entail the imposition of an administrative fine on citizens in the amount of from twenty to twenty five times the minimum wage with or without confiscation of the commodities; on officials in the amount of from forty to fifty times the minimum wage with or without confiscation of the commodities; and on legal entities in the amount of from four hundred to five hundred times the minimum wage with or without confiscation of the commodities. Article 14.5. Selling Commodities, Carrying Out Works or Rendering Services in the Absence of Established Information or without Using a Cash RegisterSelling commodities, carrying out works or rendering services in trading organisations or in other organisations engaged in selling commodities, carrying out works or rendering services, as well as by citizens registered as individual businessman, in the absence of the established information about producers or sellers thereof or without using cash registers, where their use is stipulated by law - shall entail the imposition of an administrative fine on citizens in the amount of from fifteen to twenty times the minimum wage, on officials in the amount of from thirty to forty times the minimum wage, and on legal entities in the amount of from three hundred to four hundred times the minimum wage. Article 14.6. Violating the Procedure for Price FormationOverstating and understating state controlled prices (tariffs, rates and the like) of products, commodities or services, as well as price limits (tariff limits, tariff rates and the like), or overstating and understating bonuses (extra charges) established in respect of prices (tariffs, rates and the like), as well as any other violation of the established procedure for price formation - shall entail the imposition of an administrative fine on citizens in the amount of from twenty to twenty five times the minimum wage, on officials in the amount of from forty to fifty times the minimum wage, and on legal entities in the amount of from four hundred to five hundred times the minimum wage. Article 14.7. Deception of ConsumersCheating in measuring, weighing or counting, or misleading consumers in respect of the properties and qualities of a commodity (work, service), or cheating consumers in any other way in organisations engaged in selling commodities, carrying out works and rendering services, as well as by citizens registered as individual businessmen in the area of trade (services) and also by individuals employed with businessmen, - shall entail the imposition of an administrative fine on citizens in the amount of ten to twenty times the minimum wage, on officials in the amount of from ten to twenty times the minimum wage, and on legal entities in the amount of from one hundred to two hundred times the minimum wage. Article 14.8. Violating Other Consumer Rights1. Violating the consumer's right to obtain necessary and reliable information about a commodity (work, service) being sold, or about the producer, seller or performer thereof and about their working hours - shall entail the imposition of an administrative fine on officials in the amount of from five to ten times the minimum wage, and on legal entities in the amount of from fifty to one hundred times the minimum wage. 2. Inclusion in a contract of the terms and conditions infringing consumer rights established by law - shall entail the imposition of an administrative fine on officials in the amount of from ten to twenty times the minimum wage, and on legal entities in the amount of from one hundred to two hundred times the minimum wage. 3. Failure to grant to a consumer privileges and advantages established by law - shall entail the imposition of an administrative fine on officials in the amount of from five to ten times the minimum wage, and on legal entities in the amount of from fifty to one hundred times the minimum wage. Article 14.9. Limiting Freedom of TradeActions of officials of executive bodies of subjects of the Russian Federation or of officials of local self-government bodies, aimed at unlawful limitation of freedom of trade, that is, non-admission of commodities from other regions of the Russian Federation to local markets or prohibition on exporting local commodities to other regions of the Russian Federation - shall entail the imposition of an administrative fine in the amount of from forty to fifty times the minimum wage. Article 14.10. Unlawful Use of a Trade MarkUnlawful use of another's trade mark, service mark, name of a commodity's place of origin or markings for the same commodities - shall entail the imposition of an administrative fine on citizens in the amount of from fifteen to twenty times the minimum wage accompanied by confiscation of the articles bearing an unlawful reproduction of a trade mark, service mark or the name of a commodity's place of origin; on officials in the amount of from thirty to forty times the minimum wage accompanied by confiscation of the articles bearing an unlawful reproduction of a trade mark, service mark or the name of a commodity's place of origin; and on legal entities in the amount of from three hundred to four hundred times the minimum wage accompanied by confiscation of the articles bearing an unlawful reproduction of a trade mark, service mark or the name of a commodity's place of origin. Article 14.11. Unlawful Obtainment of a CreditObtaining a credit or obtaining funds on credit under preferential terms by way of submitting to a bank or to other creditor data about one's economic or financial standing, known to be false - shall entail the imposition of an administrative fine on citizens in the amount of from ten to twenty times the minimum wage, on officials in the amount of from twenty to thirty times the minimum wage, and on legal entities in the amount of from two hundred to three hundred times the minimum wage. Article 14.12. Fictitious or Intentional Bankruptcy1. Fictitious bankruptcy, that is, a wittingly false declaration of the head of a legal entity about the insolvency of this legal entity, or of an individual businessman about his insolvency, including these persons' filing with an arbitration court an application for declaring a debtor bankrupt, when the latter is able to satisfy the demands of creditors in full - shall entail the imposition of an administrative fine in the amount of from forty to fifty times the minimum wage or disqualification for a term of up to three years. 2. Intentional bankruptcy, that is, willful setting up or increasing the insolvency of a legal entity or of an individual businessman - shall entail the imposition of an administrative fine in the amount of from forty to fifty times the minimum wage or disqualification for a term of from one to three years. Article 14.13. Wrongful Actions, When Going Bankrupt1. Concealing property or property liabilities, or data about property, or data about the scale and location thereof, or any other information about property, as well as property transfer under other ownership, alienation or elimination of property, or concealment, elimination and falsification of accounting and other registration documents, if these actions have been committed, when going bankrupt or when foreseeing bankruptcy - shall entail the imposition of an administrative fine in the amount of from forty to fifty times the minimum wage or disqualification for a term of up to three years. 2. Failure to carry out the duty of filing an application to an arbitration court for declaring a legal entity bankrupt in the cases provided for by the legislation on insolvency (bankruptcy) - shall entail the imposition of an administrative fine in the amount of from forty to fifty times the minimum wage or disqualification for a term of up to three years. 3. Failure to follow the rules applied during observation, external management, competitive procedure, making and carrying out an amicable agreement, or during any other bankruptcy procedures provided for by the legislation on insolvency (bankruptcy) - shall entail the imposition of an administrative fine in the amount of from forty to fifty times the minimum wage or disqualification for a term of up to three years. Article 14.14. Obstructing the Exercise of the Functions of a Provisional Administration by Officials of a Credit OrganisationObstructing the exercise of the functions of a provisional administration by officials of a credit organisation - shall entail the imposition of an administrative fine in the amount of from twenty to thirty times the minimum wage. Article 14.15. Violating the Rules on Selling Individual Types of CommoditiesViolating the established rules on selling individual types of commodities - shall entail the imposition of an administrative fine on citizens in the amount of from three to fifteen times the minimum wage, on officials in the amount of from ten to thirty times the minimum wage, and on legal entities in the amount of from one hundred to three hundred times the minimum wage. Article 14.16. Violating the Rules on Selling Ethyl Alcohol, Alcohol Products and Alcohol-Containing Products1. Retail sale of ethyl alcohol, including drinking ethyl alcohol (except for sale thereof in arctic regions and in those equated with them), or of alcohol-containing products in compliance with pharmacopoeia items (except for the products intended for sale through chemist's shops), or of biologically active flavour-and-aromatic additives containing alcohol, or of wine stock - shall entail the imposition of an administrative fine on officials in the amount of from forty to fifty times the minimum wage accompanied by confiscation of ethyl alcohol and alcohol-containing products; and on legal entities in the amount of from four hundred to five hundred times the minimum wage accompanied by confiscation of the ethyl alcohol and the alcohol-containing products. 2. Supply or retail sale of alcohol products and alcohol-containing products, in the absence of properly drawn up commodity-transport documents, or of a conformity certificate regarding each product's designation, or of a certificate attached to a cargo customs declaration, or of a copy thereof with original impressions of the previous owner's seals (in respect of imported products), or of a certificate attached to a commodity-and- transport bill of lading (in respect of domestic alcohol products), as well as supply or retail sale of alcohol products and alcohol-containing products in a tare or packing, which do not meet the requirements established by law - shall entail the imposition of an administrative fine on officials in the amount of from forty to fifty times the minimum wage accompanied by confiscation of the alcohol products and alcohol-containing products, and on legal entities in the amount of from four hundred to five hundred times the minimum wage accompanied by confiscation of the alcohol products and alcohol-containing products. 3. Violating other rules of retail sale of alcohol products - shall entail the imposition of an administrative fine on officials in the amount of from thirty to forty times the minimum wage with or without confiscation of the alcohol products and alcohol-containing products; and on legal entities in the amount of from three hundred to four hundred times the minimum wage with or without confiscation of the alcohol products and alcohol-containing products. Article 14.17. Unlawful Production, Supply or Purchase of Ethyl Alcohol1. Industrial production of ethyl alcohol in a volume exceeding quotas - shall entail the imposition of an administrative fine on legal entities in the amount of from three hundred to one thousand times the minimum wage accompanied by confiscation of the ethyl alcohol in the volume exceeding quotas. 2. Supplying ethyl alcohol, produced from all types of raw materials, by an organisation, which has no quotas for purchasing ethyl alcohol, or in a volume exceeding the quotas - shall entail the imposition of an administrative fine on officials in the amount of from forty to fifty times the minimum wage, and on legal entities in the amount of from three hundred to one thousand times the minimum wage. 3. Purchasing ethyl alcohol, produced from all types of raw materials, by an organisation, which has no quotas for purchasing ethyl alcohol, or in a volume exceeding the quotas - shall entail the imposition of an administrative fine on officials in the amount of from forty to fifty times the minimum wage accompanied by confiscation of the ethyl alcohol purchased by an organisation, which has no quotas for purchasing ethyl alcohol, or in the volume exceeding the quotas; and on legal entities in the amount of from three hundred to eight hundred times the minimum wage accompanied by confiscation of the ethyl alcohol purchased by an organisation which has no quotas for purchasing ethyl alcohol, or in the volume exceeding the quotas. 4. Industrial production or trading in ethyl alcohol, alcohol products and alcohol-containing products in the absence of an appropriate license, or in violation of the terms and conditions provided for by the license - shall entail the imposition of an administrative fine on legal entities in the amount of from five hundred to one thousand times the minimum wage accompanied by confiscation of the products, of the instruments of production (equipment), of raw materials, of semi-finished products and of other articles used for production of the ethyl alcohol, alcohol products and alcohol-containing products. Article 14.18. Using Ethyl Alcohol, Made from Non-Food Raw Materials, and Alcohol-Containing Non-Food Products for Production of Alcohol and Alcohol-Containing Food ProductsUsing ethyl alcohol, made from non-food raw materials, and alcohol- containing non-food products for production of alcohol and alcohol-containing food products - shall entail the imposition of an administrative fine on officials in the amount of from forty to fifty times the minimum wage accompanied by confiscation of the products made; and on legal entities in the amount of from five hundred to one thousand times the minimum wage accompanied by confiscation of the products made. Article 14.19. Violating the Established Procedure for Registration of Ethyl Alcohol, of Alcohol Products and of Alcohol-Containing ProductsViolating the established procedure for registration of ethyl alcohol, of alcohol products and alcohol-containing products during their production and trading in them - shall entail the imposition of an administrative fine on officials in the amount of from twenty to thirty times the minimum wage, and on legal entities in the amount of from two hundred to three hundred times the minimum wage. Article 14.20. Violating the Legislation on Export Control1. Making foreign trade transactions regarding commodities, information, works, services or results of intellectual activities, which may be used for producing weapons of mass destruction, or means of delivery thereof, or other types of weapons and military equipment, and which are under export control, without a special permit (license), where such permit (license) is obligatory, or in defiance of the requirements (conditions or restrictions) established by the permit (license), as well as with the use of a permit (license) obtained unlawfully or by submission of documents containing unreliable information, except for the cases provided for by Articles 16.1, 16.3 and 16,19 of this Code - shall entail the imposition of an administrative fine on citizens, officials and legal entities in the amount of the cost of the commodities, information, works, services or results of intellectual activities which have become the subjects of the administrative offence, with or without confiscation thereof, or shall entail confiscation of the subjects of the administrative offence. 2. Failure to observe the established procedure for registering foreign trade transactions regarding commodities, information, works, services or results of intellectual activities for the purpose of export control, as well as violating the established terms for keeping appropriate registration materials - shall entail the imposition of an administrative fine on officials in the amount of from ten to twenty times the minimum wage, and on legal entities in the amount of from one hundred to two hundred times the minimum wage. Article 14.21. Improper Management of a Legal EntityImproper management of a legal entity, that is, the use of authority in respect of an organisation's management contrary to the legitimate interests thereof and (or) to legitimate interests of a creditor thereof, which has entailed the decrease of the owned capital of the organisation, and (or) damages - shall entail the imposition of an administrative fine in the amount of up to ten times the minimum wage or disqualification for a term of up to three years. Article 14.22. Making Transactions and Committing Other Actions Going Beyond the Limits of Established AuthorityMaking transactions and committing other actions by a person, exercising managerial functions in an organisation, which go beyond the limits of his authority - shall entail the imposition of an administrative fine in the amount of up to ten times the minimum wage or disqualification for a term of up to three years. Article 14.23. Engaging in the Management of a Legal Entity by a Disqualified Person1. Engaging in the management of a legal entity by a disqualified person - shall entail the imposition of an administrative fine in the amount of fifty times the minimum wage. 2. Making an agreement (contract) with a disqualified person regarding management of a legal entity, as well as failure to apply the effects of discharging it - shall entail the imposition of an administrative fine on the legal entity in the amount of up to one thousand times the minimum wage. Article 14.24. Violating Legislation on Commodity Exchanges and Exchange Trade1. Participation of an exchange employee in exchange deals or establishment by him of his own brokerage offices, as well as unlawful use by an exchange employee of official information - shall entail the imposition of an administrative fine on citizens in the amount of from ten to twenty five times the minimum wage, and on legal entities in the amount of from thirty to fifty times the minimum wage. 2. Unlawful use by a legal entity in its name and (or)advertisements of the words "exchange" or "commodity exchange", as well as the words and word combinations derived from them - shall entail the imposition of an administrative fine on legal entities in the amount of from four hundred to five hundred times the minimum wage. 3. Violation by an exchange of the procedure for informing the exchange members and participants of the exchange trade about previous and forthcoming trade sessions, or for exercising control over price formation, as well as violation by an exchange of the provision of constituent documents regarding the maximum number of exchange members - shall entail the imposition of an administrative fine on legal entities in the amount of from two hundred to four hundred times the minimum wage. Article 14.25. Violating the Legislation on State Registration of Legal Entities by Bodies Engaged in State Registration of Legal Entities1. Untimely or inaccurate making of entries regarding a legal entity in the State Register of Legal Entities - shall entail the imposition of an administrative fine on the official, engaged in state registration of legal entities, in the amount of from ten to twenty times the minimum wage. 2. Unlawful refusal to present, or untimely presentation of, data, contained in the State Register of Legal Entities, to legal entities or persons interested in obtaining such information - shall entail the imposition of an administrative fine on officials of the bodies, engaged in state registration of legal entities, in the amount of from ten to twenty times the minimum wage. 3. Non-submission, or untimely submission, or submission of unreliable data about a legal entity to the body engaged in the state registration of legal entities, where submission of such data is provided for by law - shall entail a warning or the imposition of an administrative fine on citizens in the amount of fifty times the minimum wage. 4. Submission to the body, engaged in state registration of legal entities, of documents containing data known to be false, if such action does not include a criminally punishable deed - shall entail the imposition of an administrative fine on officials in the amount of fifty times the minimum wage or disqualification for a term of up to three years. Article 14.26. Violation of the Rules for Handling the Scrap and Waste of Non-Ferrous and Ferrous Metals and for Their AlienationViolation of the rules for handling the scrap and waste of non-ferrous and ferrous metals (acceptance, accounting, storage, transportation), except the cases stipulated by Article 8.2, paragraph 2 of Article 8.6 and paragraph 2 of Article 8.31 of this Code, and also for their alienation - shall entail the imposition of an administrative fine on citizens in an amount of twenty to twenty-five minimum rates of the remuneration of labour with or without the confiscation of the objects of the administrative violation; on officials - of forty to fifty minimum rates of the remuneration of labour with or without the confiscation of the objects of the administrative violation; on juridical persons - of five hundred to one thousand minimum rates of the remuneration of labour with or without the confiscation of the objects of the administrative violation. Article 14.27. Violation of the Legislation on Lotteries1. The conducting of a lottery without a permit obtained in the established procedure or without a notice having been forwarded in the established procedure - shall cause the imposition of an administrative fine on citizens at the rate of a 20-fold to 25-fold minimum wage rate; on officials from 40-fold to 200-fold minimum wage rate; on legal entities from a 500-fold to 5,000-fold minimum wage rate. 2. A late remittance of target deductions from a lottery and also their being used for purposes other than those envisaged by the legislation on lotteries - shall cause the imposition of an administrative fine on officials at the rate of a 40-fold to 200-fold minimum wage rate; on legal entities from a 1,000-fold to 5,000-fold minimum wage rate. 3. A refusal to pay out, transfer or grant a prize and also a breach of the procedure and/or term of the disbursement, transfer or granting of a prize envisaged by the terms of a lottery shall cause the issuance of a warning or the imposition of an administrative fine on officials at the rate of a 20-fold to 50-fold minimum wage rate; on legal entities from a 500-fold to 1,000-fold minimum wage rate.
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