Article 20. Age at which criminal liability begins

clause 2

2. When replacing a product of inadequate quality with the same product of another brand (model, article), if the price of the product to be replaced is lower than the price of the product provided in exchange, the consumer must pay the difference in prices; if the price of the goods to be replaced is higher than the price of the goods provided in exchange, the difference in prices is paid to the consumer. The price of the goods to be replaced is determined at the time of its replacement, and if the consumer’s requirement is not satisfied by the seller, the price of the goods being replaced and the price of the goods transferred in exchange are determined at the time the court makes a decision to replace the goods.

clause as amended, put into effect on December 21, 1999 by Federal Law of December 17, 1999 N 212-FZ.

Article 24. Notices and summonses in enforcement proceedings

1. A person participating in enforcement proceedings is notified of the initiation of enforcement proceedings, the time and place of execution of enforcement actions or the application of compulsory enforcement measures, or is summoned to the bailiff by summons with acknowledgment of delivery, telephone message, telegram, using postal, electronic, or other types of communications, infrastructure that ensures information and technological interaction of information systems used to provide state and municipal services and perform state and municipal functions in electronic form, or by another method of delivery, or by a person whom, with his consent, the bailiff instructs to deliver a summons, other notice. A person participating in enforcement proceedings may be notified by sending him a short text message via a mobile radiotelephone network, subject to his consent.

2. In cases where the executive document is subject to immediate execution, as well as when seizing property and taking other interim measures, preliminary protective measures, the bailiff has the right to carry out enforcement actions and apply enforcement measures without prior notification of persons involved in the enforcement proceedings. In this case, the bailiff is obliged to notify these persons about the commission of enforcement actions or the application of enforcement measures no later than the next working day after the day they were committed or applied.

3. Notices addressed to a citizen are sent to the addresses specified in the executive document, at his place of residence, location or place of work, or to his single personal account on the Unified Portal of State and Municipal Services, and notices sent by sending a short text message to mobile radiotelephone networks - to subscriber numbers provided to the Federal Bailiff Service by telecom operators. Notices addressed to an organization or citizen operating as an individual entrepreneur can be sent to their email addresses contained in the unified state register of legal entities or the unified state register of individual entrepreneurs, or to the single personal account of an organization or citizen operating as an individual entrepreneur. entrepreneur, on the Unified Portal of State and Municipal Services (if available).

4. A person participating in enforcement proceedings has the right to provide in writing a different address (including an email address) to which the bailiff should send notices, or indicate another method of notification and other information necessary for timely informing this person on the progress of enforcement proceedings.

5. Persons who evade appearing when summoned by a bailiff may be brought in on the basis of a resolution of the bailiff, approved by the senior bailiff or his deputy.

clause 4

4. When returning goods of inadequate quality, the consumer has the right to demand compensation for the difference between the price of the goods established by the contract and the price of the corresponding goods at the time of voluntary satisfaction of such a claim or, if the claim is not voluntarily satisfied, at the time of the court’s decision.

the paragraph was additionally included on December 21, 1999 by Federal Law of December 17, 1999 N 212-FZ; as amended, put into effect on January 9, 2005 by Federal Law of December 21, 2004 N 171-FZ.

paragraph 4 of the previous edition from December 21, 1999 is considered paragraph 5 of this edition - federal law of December 17, 1999 N 212-FZ.

Legislative framework of the Russian Federation

valid Editorial from 07.05.2013

detailed information

FEDERAL LAW dated 03/28/98 N 53-FZ (as amended on 05/07/2013 with amendments that entered into force on 05/19/2013) “ON MILITARY LIABILITY AND MILITARY SERVICE”

Article 24 Deferment from conscription of citizens for military service

1. Deferment from conscription for military service is granted to citizens:

a) recognized in the manner established by this Federal Law as temporarily unfit for military service due to health reasons - for a period of up to one year:

b) those who are constantly caring for a father, mother, wife, brother, sister, grandfather, grandmother or adoptive parent, if there are no other persons obligated by law to support these citizens, and also provided that the latter are not fully supported by the state and need, for health reasons, in accordance with the conclusion of the federal medical and social examination institution at the place of residence of citizens called up for military service, constant outside care (assistance, supervision);

(as amended by Federal Laws dated December 1, 2004 N 149-FZ, dated July 6, 2006 N 104-FZ (as amended on October 24, 2007))

b.1) being a guardian or trustee of a minor brother or minor sister in the absence of other persons obligated by law to support these citizens;

(as amended by Federal Law dated July 6, 2006 N 104-FZ (as amended on October 24, 2007))

c) having a child and raising him without the child’s mother;

(as amended by Federal Law dated July 6, 2006 N 104-FZ (as amended on October 24, 2007), dated December 30, 2012 N 288-FZ)

d) having two or more children;

e) having a disabled child under three years of age;

(as amended by Federal Law dated July 6, 2006 N 104-FZ (as amended on October 24, 2007))

Subparagraphs “f”, “g” - Lost force.

(as amended by Federal Law dated July 6, 2006 N 104-FZ (as amended on October 24, 2007))

h) those who entered the service of the internal affairs bodies, the State Fire Service, institutions and bodies of the penal system, bodies for control of the circulation of narcotic drugs and psychotropic substances and customs authorities of the Russian Federation immediately after graduating from educational institutions of higher professional education of the above bodies and institutions, respectively , if they have higher professional education and special titles - for the duration of their service in these bodies and institutions;

(as amended by Federal Laws dated July 6, 2006 N 104-FZ (as amended on October 24, 2007), dated December 17, 2009 N 312-FZ,

i) having a child and a wife whose pregnancy is at least 26 weeks;

(as amended by Federal Laws dated April 22, 2004 N 20-FZ, dated July 6, 2006 N 104-FZ (as amended on October 24, 2007))

j) elected by deputies of the State Duma of the Federal Assembly of the Russian Federation, deputies of legislative (representative) bodies of state power of the constituent entities of the Russian Federation, deputies of representative bodies of municipal entities or heads of municipal entities and exercising their powers on a permanent basis - for the term of office in these bodies;

(as amended by Federal Laws dated June 19, 2004 N 53-FZ, dated March 11, 2006 N 37-FZ)

k) registered in accordance with the legislation of the Russian Federation on elections as candidates for positions filled through direct elections or for membership in bodies (chambers of bodies) of state power or local government bodies - for the period up to and including the day of official publication (promulgation) of the general election results , and in case of early disposal - up to and including the day of disposal.

(as amended by Federal Law dated June 19, 2004 N 53-FZ)

2. Citizens have the right to a deferment from conscription for military service:

a) full-time students in:

educational institutions with state accreditation for educational programs of secondary (complete) general education - for the duration of study, but until the specified citizens reach the age of 20 years;

having state accreditation in the relevant areas of training (specialties) in educational institutions under primary vocational education programs or secondary vocational education programs, if they have not received secondary (complete) general education before entering these educational institutions - for the duration of training, but not beyond the standard periods of mastering basic educational programs and until these citizens reach the age of 20;

having state accreditation in the relevant areas of training (specialties) in educational institutions under secondary vocational education programs, if they received secondary (complete) general education before entering these educational institutions and reach conscription age in the last year of study - for the duration of study, but not beyond standard deadlines for mastering basic educational programs;

having state accreditation in the relevant areas of training (specialties) in educational institutions of higher professional education in:

Bachelor's degree programs, if they do not have a bachelor's degree, specialist's diploma or master's degree - for the duration of study, but not beyond the standard time frame for mastering the main educational programs;

specialist training programs, if they do not have a bachelor’s degree, specialist’s diploma or master’s degree - for the duration of training, but not beyond the standard time frame for mastering basic educational programs;

master's programs, if they do not have a specialist's diploma or a master's degree and entered the specified educational institutions in the year of obtaining the bachelor's qualification (degree), - for the duration of training, but not beyond the standard time frame for mastering the main educational programs.

The deferment from conscription for military service provided for by this subparagraph is granted to a citizen only once, with the exception of one of the cases if:

the first deferment from conscription for military service was granted to the citizen in accordance with paragraph two of this subparagraph, the citizen may re-use the right to a deferment from conscription for military service in accordance with paragraphs six or seven of this subparagraph;

the first deferment from conscription for military service was granted to the citizen in accordance with paragraph six of this subclause, the citizen may again exercise the right to a deferment from conscription for military service in accordance with paragraph eight of this subclause.

The right to a deferment from conscription for military service provided for in this subparagraph is reserved for the citizen:

who received an academic leave during the period of study or who transferred from one educational program to another educational program of the same level in the same educational institution or who was transferred to another educational institution that has state accreditation in the relevant areas of training (specialties) for training in an educational program of the same level. The right to a deferment from conscription for military service is reserved for a citizen on the grounds provided for in this paragraph only if the total period for which the citizen was granted a deferment from conscription for military service for studying in a given educational institution or in an educational institution from which the transfer was made, does not increase or increases by no more than one year;

reinstated in the same educational institution (with the exception of citizens reinstated in educational institutions after expulsion for violation of their charters, internal regulations or for other unjustified reasons), if the period for which the citizen was granted a deferment from conscription for military service for training in this educational institution, does not increase;

b) those receiving full-time postgraduate professional education in educational institutions of higher professional education, educational institutions of additional professional education, scientific organizations in the main educational programs of postgraduate professional education, classified as accredited enlarged groups of areas of training and specialties - for the duration of study, but not beyond the standard deadlines for mastering basic educational programs and for the duration of the defense of qualifying work, but not more than one year after completion of training in the educational program of postgraduate professional education;

(as amended by Federal Law dated December 1, 2011 N 376-FZ)

c) to whom this right is given on the basis of decrees of the President of the Russian Federation;

(as amended by Federal Law dated July 6, 2006 N 104-FZ (as amended on October 24, 2007))

d) who have received satisfactory results at the mandatory state (final) certification upon completion of mastering the basic educational program of secondary (complete) general education - for the period until October 1 of the year of passing the said certification.

(as amended by Federal Law dated June 28, 2011 N 167-FZ)

Clause 3 - No longer valid.

(as amended by Federal Law dated July 6, 2006 N 104-FZ (as amended on October 24, 2007))

clause 6

6. In case of return of a product of inadequate quality purchased by a consumer using a consumer credit (loan), the seller is obliged to return to the consumer the amount of money paid for the product, as well as reimburse the interest and other payments paid by the consumer under the consumer credit (loan) agreement.

Accept claims and get free legal advice today!
Call: Moscow St. Petersburg +7 812 467-37-84

Hotline in the Russian Federation 8 800 350-83-09 (free)

Solve the problem now - a correct and justified complaint is the key to success!

The clause was additionally included on July 1, 2014 by Federal Law of December 21, 2013 N 363-FZ.

Article 24. Deferment from conscription of citizens for military service

Article 24. Deferment from conscription of citizens for military service

[Conscription Act] [Title IV]
. Deferment from conscription for military service is granted to citizens:

• a) recognized in the manner established by this Federal Law as temporarily unfit for military service due to health reasons - for a period of up to one year;
• b) those who are constantly caring for a father, mother, wife, brother, sister, grandfather, grandmother or adoptive parent, if there are no other persons obligated by law to support these citizens, and also provided that the latter are not fully supported by the state and need, for health reasons, in accordance with the conclusion of the federal medical and social examination institution at the place of residence of citizens called up for military service, constant outside care (assistance, supervision);
• b.1) being a guardian or trustee of a minor brother or minor sister in the absence of other persons obligated by law to support these citizens;
• c) having a child and raising him without the child’s mother;
• d) having two or more children;
• e) having a disabled child under three years of age;
• f) - g) are no longer in force on January 1, 2008. — Federal Law of July 6, 2006 N 104-FZ;
• h) those who entered the service of the internal affairs bodies, the State Fire Service, institutions and bodies of the penal system, compulsory enforcement bodies of the Russian Federation and customs authorities of the Russian Federation immediately after graduating from educational organizations of higher education of the above bodies and institutions, respectively, if they have a higher education education and special ranks - for the duration of service in the specified bodies and institutions;
• h.1) those who entered the troops of the National Guard of the Russian Federation immediately after graduating from educational organizations of higher education if they have higher education and special ranks - for the duration of their service in the specified troops;
• i) having a child and a wife whose pregnancy is at least 26 weeks;
• j) elected by deputies of the State Duma of the Federal Assembly of the Russian Federation, deputies of legislative (representative) bodies of state power of the constituent entities of the Russian Federation, deputies of representative bodies of municipal entities or heads of municipal entities and exercising their powers on a permanent basis - for the term of office in these bodies;
• k) registered in accordance with the legislation of the Russian Federation on elections as candidates for positions filled through direct elections or for membership in bodies (chambers of bodies) of state power or local government bodies - for the period up to and including the day of official publication (promulgation) of the general election results , and in case of early disposal - up to and including the day of disposal.

. Citizens have the right to a deferment from conscription for military service:

• a) full-time students in:
• the paragraph is no longer valid. — Federal Law of March 18, 2019 N 39-FZ;
• educational organizations for educational programs of secondary vocational education that have state accreditation - during the period of mastering the specified educational programs, but not beyond the deadlines for obtaining secondary vocational education established by federal state educational standards;
• the paragraph became invalid as of January 1, 2020. — Federal Law of October 14, 2014 N 302-FZ;
• the paragraph is no longer valid. — Federal Law of March 18, 2019 N 39-FZ;
• educational organizations and scientific organizations with state accreditation:
• Bachelor's degree programs, if these students do not have a bachelor's degree, specialist's diploma or master's degree - during the period of mastering the specified educational programs, but not beyond the terms established by federal state educational standards, educational standards for obtaining higher education in bachelor's programs;
• specialty programs, if these students do not have a bachelor's degree, specialist's diploma or master's degree - during the period of mastering the specified educational programs, but not beyond the terms established by federal state educational standards, educational standards for obtaining higher education in specialty programs;
• master's programs, if these students do not have a specialist's diploma or a master's degree and entered master's programs in the year of receiving higher education in bachelor's programs - during the period of mastering the specified educational programs, but not beyond the deadlines for receiving established by federal state educational standards, educational standards higher education in master's programs.

The deferment from conscription for military service provided for by this subparagraph is granted to a citizen only once, with the exception of one of the cases if:

• paragraphs eleven through twelve are no longer valid. — Federal Law of March 18, 2019 N 39-FZ;
• the first deferment from conscription for military service was granted to the citizen in accordance with paragraph seven of this subclause, the citizen may again exercise the right to a deferment from conscription for military service in accordance with paragraph nine of this subclause.

The right to a deferment from conscription for military service provided for in this subparagraph is reserved for the citizen:

• who received an academic leave during the development of an educational program or who transferred in the same educational organization from one educational program to another state-accredited educational program of the same level of education or transferred to another educational organization to master a state-accredited educational program of the same level of education. The right to a deferment from conscription for military service is reserved for a citizen on the grounds provided for in this paragraph only if the total period for which the citizen was granted a deferment from conscription for military service for training in a given educational organization or in an educational organization from which the transfer was made, does not increase or increases by no more than one year;
• reinstated in the same educational organization (with the exception of citizens reinstated in educational organizations after expulsion at the initiative of the educational organization), if the period for which the citizen was granted a deferment from conscription for military service for training in this educational organization does not increase;
• b) full-time students in educational institutions and scientific organizations in state-accredited programs for training scientific and pedagogical personnel in graduate school (postgraduate studies), residency programs or assistantship-internship programs - during the period of mastering the specified educational programs, but not more than those established by federal state educational standards for the timing of obtaining higher education - training of highly qualified personnel, and for the duration of the defense of a qualifying work (dissertation), but not more than one year after completion of training in the relevant educational program of higher education;
• c) to whom this right is given on the basis of decrees of the President of the Russian Federation;
• d) full-time students in organizations carrying out educational activities in educational programs of secondary general education that have state accreditation - during the period of mastering the specified educational programs, but not beyond the deadlines for obtaining secondary general education established by federal state educational standards;
• d.1) have successfully passed the state final certification of the educational program of secondary general education - for the period until October 1 of the year of passing the said certification;
• d.2) full-time students in federal state educational organizations of higher education, the list of which is established in accordance with Part 8 of Article 71 of the Federal Law of December 29, 2012 N 273-FZ “On Education in the Russian Federation” - for the period of study at the preparatory departments of these educational organizations at the expense of budgetary allocations from the federal budget, but not more than one year, and in the case of admission of the specified students to study at the preparatory departments of these educational organizations in the year of receiving secondary general education;
• e) those receiving full-time secondary vocational education or higher education in educational programs aimed at training ministers and religious personnel of religious organizations in religious educational organizations licensed to carry out educational activities - during the period of study, but not beyond the time period for receiving the relevant education ;
• f) from among persons:
• who left their place of residence on the territory of a foreign state and arrived on the territory of the Russian Federation, who applied for recognition as a forced migrant - for the period from the date of registration of the said application until the day of its consideration, and in case of recognition as a forced migrant - for a period of up to three months from the date recognition as a forced migrant;
• before the acquisition of citizenship of the Russian Federation by refugees recognized in the Russian Federation - for a period of up to six months from the date of acquisition of citizenship of the Russian Federation.

2.1. The right to the deferment from conscription for military service provided for in subparagraph “e” of paragraph 2 of this article is granted to a citizen only once and provided that an application to recognize a person as a forced migrant is registered or refugee status is acquired after he reaches the age of seventeen years and six months.

. Lost force on January 1, 2008. — Federal Law of July 6, 2006 N 104-FZ.

Article 1

Introduce into the Code of the Russian Federation on Administrative Offenses (Collected Legislation of the Russian Federation, 2002, N 1, Art. 1; N 30, Art. 3029; N 44, Art. 4295; 2003, N 27, Art. 2700, 2708, 2717; N 46, Art. 4434; N 50, Art. 4847, 4855; 2004, N 31, Art. 3229; N 34, Art. 3529, 3533; N 44, Art. 4266; 2005, N 1, Art. 9, 13, 37, 40, 45; N 10, art. 763; N 13, art. 1075, 1077; N 19, art. 1752; N 27, art. 2719, 2721; N 30, art. 3104, 3131; N 50, Art. 5247; N 52, Art. 5574; 2006, N 1, Art. 4, 10; N 2, Art. 172, 175; N 6, Art. 636; N 10, Art. 1067; N 12, Art. 1234; N 17, Art. 1776; N 18, Art. 1907; N 19, Art. 2066; N 23, Art. 2380; N 31, Art. 3420, 3433, 3438, 3452; N 45, Art. 4641; N 50, Art. 5279, 5281; N 52, Art. 5498; 2007, N 1, Art. 21, 29; N 16, Art. 1825; N 21, Art. 2456; N 26, Art. 3089; N 30, Art. 3755; N 31, Art. 4007, 4008; N 41, Art. 4845; N 43, Art. 5084; N 46, Art. 5553; 2008, N 10, Art. 896; N 18, Art. 1941; N 20, art. 2251, 2259; N 29, art. 3418; N 30, art. 3582, 3604; N 49, art. 5745; N 52, art. 6227, 6235, 6236; 2009, N 7, art. 777; N 23, art. 2759, 2767; N 26, art. 3120, 3122, 3131; N 29, art. 3597, 3642; N 30, art. 3739; N 45, art. 5265; N 48, art. 5711, 5724; N 52, Art. 6412; 2010, N 1, art. 1; N 19, art. 2291; N 21, art. 2525; N 23, Art. 2790; N 27, art. 3416; N 30, art. 4002, 4006, 4007; N 31, Art. 4158, 4164, 4193, 4195, 4206, 4207, 4208; N 41, art. 5192; N 49, art. 6409; 2011, N 1, art. 10, 23, 54; N 7, art. 901; N 15, art. 2039; N 17, art. 2310; N 19, art. 2714, 2715; N 23, Art. 3260; N 27, art. 3873, 3881; N 29, art. 4290, 4298; N 30, art. 4573, 4574, 4585, 4590, 4598, 4600, 4601, 4605; N 45, art. 6325; N 46, art. 6406; N 47, art. 6602; N 48, art. 6728, 6730; N 49, art. 7025, 7061; N 50, art. 7342, 7345, 7346, 7351, 7352, 7355, 7362, 7366; 2012, N 6, art. 621; N 10, art. 1166; N 19, art. 2278, 2281; N 24, art. 3069, 3082; N 29, art. 3996; N 31, Art. 4320, 4330; N 47, art. 6402, 6403, 6404, 6405; N 49, art. 6757; N 53, art. 7577, 7580, 7602, 7640; 2013, N 14, art. 1651, 1657, 1658, 1666; N 17, art. 2029; N 19, art. 2323, 2325; N 26, art. 3207, 3208, 3209; N 27, art. 3454, 3469, 3470, 3477, 3478; N 30, art. 4025, 4029, 4030, 4031, 4032, 4034, 4036, 4040, 4044, 4078, 4082; N 31, Art. 4191; N 43, Art. 5443, 5444, 5445, 5452; N 44, Art. 5624, 5643; N 48, art. 6159, 6161, 6163, 6165; N 49, art. 6327, 6341, 6343; N 51, Art. 6683, 6685, 6695, 6696; N 52, Art. 6948, 6961, 6980, 6986, 6994, 7002; 2014, N 6, art. 557, 559, 566; N 11, art. 1092, 1096; N 14, art. 1561, 1562; N 19, art. 2302, 2306, 2310, 2317, 2324, 2325, 2326, 2327, 2330, 2333, 2335; N 26, art. 3366, 3379; N 30, art. 4211, 4214, 4218, 4228, 4233, 4248, 4256, 4259, 4264, 4278; N 42, art. 5615; N 43, Art. 5799; N 45, art. 6142; N 48, art. 6636, 6638, 6642, 6643, 6651; N 52, Art. 7541, 7548, 7550, 7557; 2020, N 1, art. 29, 35, 67, 74, 83, 85; N 6, Art. 885; N 10, art. 1405, 1416; N 13, Art. 1805, 1811; N 18, art. 2614, 2619, 2620; N 21, art. 2981; N 24, art. 3370; N 27, art. 3945, 3950, 3983, 3995; N 29, art. 4354, 4356, 4359, 4374, 4376, 4391; N 41, art. 5629, 5637; N 44, Art. 6046; N 45, art. 6205, 6208; N 48, art. 6706, 6710, 6716; N 51, Art. 7249, 7250; 2020, N 1, Art. 11, 28, 59, 63, 84; N 10, art. 1323; N 11, art. 1481, 1490, 1491, 1493; N 18, art. 2514; N 23, Art. 3285; N 26, art. 3871, 3876, 3877, 3884, 3887, 3891; N 27, art. 4160, 4164, 4183, 4197, 4205, 4206, 4223, 4226, 4238, 4251, 4259, 4286, 4291, 4305; N 28, art. 4558; N 50, art. 6975; 2020, N 1, Art. 12, 31, 47; N 7, art. 1030, 1032; N 9, art. 1278; N 11, art. 1535; N 17, art. 2456, 2457, 2460; N 18, art. 2664; N 22, art. 3069; N 23, Art. 3227; N 24, art. 3487; N 27, art. 3947; N 30, art. 4455; N 31, Art. 4738, 4755, 4812, 4814, 4815, 4816, 4827, 4828, 4830; N 47, art. 6844, 6851; N 49, art. 7308; N 50, art. 7562; N 52, Art. 7919, 7937; 2018, N 1, art. 21, 30, 35, 48; N 7, art. 973; N 18, art. 2562; N 30, art. 4555; N 31, Art. 4824, 4825, 4826, 4828, 4830, 4851; N 41, art. 6187; N 42, art. 6378; N 45, art. 6832, 6843; N 47, art. 7125, 7128; N 53, art. 8436, 8447, 8483; 2020, N 6, art. 465; N 10, art. 893; N 12, art. 1216, 1217, 1218, 1219; N 16, Art. 1819, 1820, 1821; N 18, art. 2220; N 22, art. 2669, 2670; N 25, art. 3161; N 27, art. 3536; N 29, art. 3847; N 30, art. 4119, 4120, 4121,4125,4131; N 31, Art. 4473; N 42, art. 5803; N 44, Art. 6178, 6182; N 46, art. 6417; N 49, art. 6964, 6968; N 51, Art. 7493, 7494, 7495; N 52, Art. 7766, 7811, 7819; 2020, N 9, art. 1123) the following changes:

1) in the first paragraph of part 1 of article 3.5, after the words “part 1 of article 19.341”, add the words “, part 11 of article 20.16”, after the words “part 4 of article 17.15” add the words “, part 1 of article 20.61”, after the numbers “5.50, » shall be supplemented with the words “part 2 of Article 6.3,”, the words “part 2 of Article 19.341, in parts” shall be replaced with the words “part 2 of Article 19.341, part 2 of Article 20.61, in parts”, the words “with Article 5.38, parts” shall be replaced with the words “Article 5.38, part 3 of Article 6.3, in parts”, after the words “part 2 of Article 5.26,” add the words “part 2 of Article 6.3,”, the words “parts 21 and 4 of Article 13.40, part” are replaced with the words “parts 21 and 4 of Article 13.40, part 4 of the article 14.42, part”, the words “Article 11.71” are replaced with the words “Part 3 of Article 6.3, Article 11.71”, after the words “Article 15.40” the words “Part 2 of Article 20.61” are added, the words “Part 11 of Article 13.15, Part 2” are replaced with the words “part 101 of article 13.15, part 2”, after the words “part 2 of article 11.71, article 11.201,” add the words “part 102 of article 13.15,” after the words “parts 8 and 9 of article 13.11,” add the words “part 11 of article 13.15 ,";

2) in article 6.3:

a) in paragraph one, replace the word “Violation” with the word “1. Violation";

b) add parts 2 and 3 as follows:

"2. The same actions (inaction) committed during an emergency situation or when there is a threat of the spread of a disease that poses a danger to others, or during the implementation of restrictive measures (quarantine) in the relevant territory, or failure to comply within the prescribed period with a legal order issued during the specified periods ( resolutions) or requirements of the body (official) exercising federal state sanitary and epidemiological supervision to carry out sanitary and anti-epidemic (preventive) measures -

entail the imposition of an administrative fine on citizens in the amount of fifteen thousand to forty thousand rubles; for officials - from fifty thousand to one hundred and fifty thousand rubles; for persons carrying out entrepreneurial activities without forming a legal entity - from fifty thousand to one hundred and fifty thousand rubles or administrative suspension of activities for a period of up to ninety days; for legal entities - from two hundred thousand to five hundred thousand rubles or administrative suspension of activities for up to ninety days.

3. Actions (inaction) provided for in Part 2 of this article, resulting in harm to human health or death of a person, if these actions (inaction) do not contain a criminal offense, -

entail the imposition of an administrative fine on citizens in the amount of one hundred fifty thousand to three hundred thousand rubles; for officials - from three hundred thousand to five hundred thousand rubles or disqualification for a period of one to three years; for persons carrying out entrepreneurial activities without forming a legal entity - from five hundred thousand to one million rubles or administrative suspension of activities for a period of up to ninety days; for legal entities - from five hundred thousand to one million rubles or administrative suspension of activities for a period of up to ninety days.”;

3) in article 13.15:

a) add parts 101 and 102 as follows:

"101. Dissemination in the media, as well as in information and telecommunication networks, under the guise of reliable messages, of deliberately false information about circumstances that pose a threat to the life and safety of citizens, and (or) about measures taken to ensure the safety of the population and territories, methods and methods of protection against these circumstances -

shall entail the imposition of an administrative fine on legal entities in the amount of one million five hundred thousand to three million rubles with or without confiscation of the subject of the administrative offense.

102. Dissemination in the media, as well as in information and telecommunication networks, of deliberately unreliable socially significant information under the guise of reliable messages, resulting in the death of a person, harm to human health or property, mass violation of public order and (or) public safety, cessation of the functioning of facilities life support, transport or social infrastructure, credit institutions, energy, industrial or communications facilities, -

shall entail the imposition of an administrative fine on legal entities in the amount of three million to five million rubles with or without confiscation of the subject of the administrative offense.”;

b) part 11 should be stated as follows:

"eleven. Repeated commission of an administrative offense provided for in Part 10, 101 or 102 of this article -

shall entail the imposition of an administrative fine on citizens in the amount of three hundred thousand to four hundred thousand rubles with or without confiscation of the subject of the administrative offense; for officials - from six hundred thousand to nine hundred thousand rubles; for legal entities - from five million to ten million rubles with or without confiscation of the subject of the administrative offense.”;

c) the note should be stated as follows:

"Notes:

1. The prosecutor's office of the Russian Federation is notified within twenty-four hours of all cases of initiation of cases of administrative offenses provided for in parts 9 - 11 of this article.

2. Circumstances that pose a threat to the life and safety of citizens specified in part 101 of this article are recognized as natural and man-made emergencies, environmental emergencies, including epidemics, epizootics and other circumstances resulting from accidents, hazardous natural phenomena, disasters , natural and other disasters that have resulted (may result) in human casualties, damage to human health and the natural environment, significant material losses and disruption of the living conditions of the population.”;

4) in article 14.42:

a) in the first paragraph of part 1, replace the word “Code, -” with the words “Code and part 4 of this article, -”;

b) add part 4 with the following content:

"4. Sales or dispensing of medicinal products in violation of the requirements of the legislation on the circulation of medicinal products regarding the establishment of maximum amounts of wholesale markups to the actual selling prices established by drug manufacturers for the specified medicinal products, or retail markups to the actual selling prices established by the manufacturers of medicinal products for the specified medicinal products , —

shall entail the imposition of an administrative fine on officials in the amount of two hundred fifty thousand to five hundred thousand rubles; for persons carrying out entrepreneurial activities without forming a legal entity - in the amount of double the amount of excess revenue received from the sale of medicines due to unlawfully inflating state-regulated prices for the entire period during which the offense was committed, but not more than one year; for legal entities - in double the amount of excess revenue received from the sale of medicines due to unlawfully inflating state-regulated prices for the entire period during which the offense was committed, but not more than one year.”;

5) in paragraph one of part 1 of Article 14.6, the words “package (pack), -” shall be replaced with the words “package (pack), except for the cases provided for in part 4 of Article 14.42 of this Code, - “;

6) add Article 20.61 with the following content:

“Article 20.6 1 . Failure to comply with the rules of conduct in case of an emergency or threat of its occurrence

1. Failure to comply with the rules of conduct when introducing a high-alert regime in the territory in which there is a threat of an emergency situation, or in an emergency zone, with the exception of cases provided for in Part 2 of Article 6.3 of this Code, -

entails a warning or the imposition of an administrative fine on citizens in the amount of one thousand to thirty thousand rubles; for officials - from ten thousand to fifty thousand rubles; for persons carrying out entrepreneurial activities without forming a legal entity - from thirty thousand to fifty thousand rubles; for legal entities - from one hundred thousand to three hundred thousand rubles.

2. Actions (inaction) provided for in Part 1 of this article, resulting in harm to human health or property, except for the cases provided for in Part 3 of Article 6.3 of this Code, if these actions (inaction) do not contain a criminal offense, or a repeated commission of an administrative offense provided for in part 1 of this article, -

entail the imposition of an administrative fine on citizens in the amount of fifteen thousand to fifty thousand rubles; for officials - from three hundred thousand to five hundred thousand rubles or disqualification for a period of one to three years; for persons carrying out entrepreneurial activities without forming a legal entity - from five hundred thousand to one million rubles or administrative suspension of activities for a period of up to ninety days; for legal entities - from five hundred thousand to one million rubles or administrative suspension of activities for a period of up to ninety days.”;

7) in article 20.16:

a) part 1 should be stated as follows:

"1. Carrying out private security activities without a special permit (license) or providing security services by a person who does not have the legal status of a private security guard -

entails the imposition of an administrative fine on citizens in the amount of two thousand five hundred to five thousand rubles; for officials - from five thousand to ten thousand rubles; for legal entities - from thirty thousand to sixty thousand rubles.”;

b) add part 11 with the following content:

"eleven. Repeated commission of an administrative offense provided for in Part 1 of this article -

shall entail the imposition of an administrative fine on citizens in the amount of five thousand to ten thousand rubles or compulsory labor for a period of one hundred to two hundred hours; for officials - disqualification for a period of six months to three years; for legal entities - from sixty-five thousand to one hundred thirty thousand rubles or administrative suspension of activities for a period of up to ninety days.”;

c) paragraph one of part 2 should be stated as follows:

"2. Carrying out private detective (detective) activities without special permission (license) - “;

d) in paragraph one of part 4, the words “either not provided for by law, or” are replaced with the words “not provided for by law, or the provision of such services”;

in Article 23.1:

a) part 1 after the numbers “6.1 - 6.2,” add the words “parts 2 and 3 of article 6.3, articles”, after the numbers “20.15,” add the words “part 11 of article 20.16, articles”;

b) in part 12, replace the words “Article 6.3,” with the words “Part 1 of Article 6.3, articles”;

c) in Part 2 the words “Articles 5.53, 6.3,” are replaced with the words “Article 5.53, Part 1 of Article 6.3, Articles”;

d) in paragraph three of part 3, replace the words “Article 5.38,” with the words “Article 5.38, parts 2 and 3 of Article 6.3, articles”, after the numbers “20.1 - 20.31,” add the numbers “20.61,”;

9) in Part 1 of Article 23.13, the words “Article 6.3,” shall be replaced with the words “Part 1 of Article 6.3, Articles”;

10) Part 1 of Article 23.51 after the words “Article 9.16,” shall be supplemented with the words “Part 4 of Article 14.42,”;

11) part 1 of article 23.85 after the numbers “20.14,” add the words “parts 1, 2 - 4 of the article”;

12) in article 28.3:

a) in part 2:

paragraph 1 after the numbers “6.11,” shall be supplemented with the words “parts 2 and 3 of article 6.3, articles”;

paragraph 18 after the words “Article 11.32,” add the words “Part 4 of Article 14.42,”;

paragraph 19 after the words “Article 6.1,” add the words “Parts 2 and 3 of Article 6.3,”;

paragraph 103 after the numbers “20.15,” shall be supplemented with the words “part 11 of article 20.16,”;

b) part 5 shall be supplemented with paragraph 18 as follows:

“18) officials of governing bodies and forces of the unified state system for the prevention and liquidation of emergency situations - about administrative offenses provided for in Article 20.61 of this Code. The list of officials of these bodies, including officials of executive authorities of the constituent entities of the Russian Federation, is approved by the Government of the Russian Federation.”;

c) add part 64 with the following content:

"64. In addition to the cases provided for in paragraph 18 of part 5 of this article, protocols on administrative offenses provided for in Article 20.61 of this Code may be drawn up by officials of executive authorities of the constituent entities of the Russian Federation. The list of these bodies and their officials is approved by the highest official (head of the highest executive body of state power) of the constituent entity of the Russian Federation.”;

13) Part 1 of Article 28.7 after the numbers “7.27” is supplemented with the numbers “, 20.61”.

Federal Law “On Military Duty...” Art. 24 clause 1 b.

The deferment is established by the FEDERAL Law on MILITARY LIABILITY AND MILITARY SERVICE of March 28, 1998, Article 24

Article 24. Deferment from conscription of citizens for military service

1. A deferment from conscription for military service is granted to citizens: a) recognized in the manner established by this Federal Law as temporarily unfit for military service for health reasons - for a period of up to one year; b) those who are constantly caring for a father, mother, wife, brother, sister, grandfather, grandmother or adoptive parent, if there are no other persons obligated by law to support these citizens, and also provided that the latter are not fully supported by the state and for health reasons, in accordance with the conclusion of the state medical and social examination body at the place of residence of citizens called up for military service, require constant outside care (assistance, supervision) or are disabled people of the first or second group, have reached retirement age in old age or have not reached age 18 years; c) having a child raised without a mother; d) having two or more children; e) having a child under three years of age; f) the mother (father) of whom, in addition to them, has two or more children under the age of eight years or disabled since childhood and is raising them without a husband (wife); g) those who entered work in their specialty directly after graduating from educational institutions of higher professional education on a full-time basis in state organizations, the list of which is determined by the Government of the Russian Federation - for the duration of this work; h) those who have graduated from state, municipal or non-state educational institutions of higher professional education having state accreditation in the relevant areas of training (specialties) and serving in internal affairs bodies, the State Fire Service of the Ministry of the Russian Federation for Civil Defense, Emergency Situations and Disaster Relief, institutions and bodies of the penal system, bodies for control over the circulation of narcotic drugs and psychotropic substances and customs authorities of the Russian Federation, as well as those studying in educational institutions of these bodies or who have graduated from these educational institutions and received special ranks - for the duration of service in these bodies.

(as amended by Federal Laws No. 117-FZ of July 21, 1998, No. 116-FZ of July 25, 2002, No. 86-FZ of June 30, 2003)

2. The following citizens also have the right to receive a deferment from conscription for military service:

——————————————————————

The provision of the paragraph of the first subparagraph “a” of paragraph 2 of Article 24, on the basis of which citizens studying full-time in non-state educational institutions of higher professional education that do not have state accreditation are not granted the right to receive a deferment from conscription for military service for the duration of their studies, recognized as not contradicting the Constitution of the Russian Federation (Resolution of the Constitutional Court of the Russian Federation of October 21, 1999 N 13-P).

—————————————————————— a) full-time students in: state, municipal or state-accredited non-state educational institutions of basic general and secondary (complete) general education , - for the duration of study, but until the specified citizens reach the age of 20 years; state, municipal or non-state educational institutions of primary vocational, secondary vocational and higher vocational education having state accreditation in the relevant areas of training (specialties) - for the duration of training, but not beyond the standard time limits for mastering basic educational programs.

The right to a deferment from conscription for military service to obtain vocational education provided for in this subparagraph is reserved for citizens in the event of their re-entry into an educational institution of the same level (provided that they studied for no more than three years in a previous educational institution of the same level) or a one-time transfer to educational institution of the same level, as well as in the case of a one-time use of academic leave.

The right to a deferment from conscription for military service provided for in this subparagraph does not apply to citizens expelled from educational institutions for violating their charters or internal regulations.

Citizens have the right to take advantage of the deferment from conscription for military service provided for in this subparagraph no more than two times (to obtain education of this and a higher level);

(clause “a” as amended by Federal Law No. 20-FZ dated February 13, 2002) b) those receiving full-time postgraduate professional education in state, municipal or non-state educational institutions of higher professional education having state accreditation in the relevant areas of training (specialties) education and scientific institutions that have licenses to conduct educational activities under educational programs of postgraduate professional education - for the duration of training and defense of qualifying work; c) having a higher pedagogical education and constantly working in teaching positions in state, municipal or non-state rural educational institutions with state accreditation in the relevant areas of training (specialties) - for the duration of this work; d) permanently working as doctors in rural areas - for the duration of this work; e) to whom this right is given on the basis of decrees of the President of the Russian Federation.

3. Citizens enlisted in the reserves with the assignment of the military rank of officer are subject to a deferment from conscription for military service on the grounds provided for in subparagraphs “a”, “b”, “c”, “g” and “h” of paragraph 1 and subparagraphs “ b", "c", "d" and "e" of paragraph 2 of this article.

1. A criminal case cannot be instituted, and an instituted criminal case is subject to termination on the following grounds:

1) absence of a crime event;

2) absence of corpus delicti in the act;

3) expiration of the statute of limitations for criminal prosecution;

4) death of a suspect or accused, except for cases when criminal proceedings are necessary for the rehabilitation of the deceased;

5) absence of a statement from the victim, if a criminal case can be initiated only at his request, except for the cases provided for in part four of Article 20 of this Code;

6) the absence of a court conclusion on the presence of signs of a crime in the actions of one of the persons specified in paragraphs 2 and 2.1 of part one of Article 448 of this Code, or the absence of consent, respectively, of the Federation Council, the State Duma, the Constitutional Court of the Russian Federation, the qualification board of judges to initiate a criminal case or bringing as an accused one of the persons specified in paragraphs 1 and 3 - 5 of part one of Article 448 of this Code.

(as amended by Federal Laws dated May 29, 2002 N 58-FZ, dated July 18, 2009 N 176-FZ)

(see text in the previous edition)

Part two of Article 24 in its constitutional and legal interpretation, arising from the rulings of the Constitutional Court of the Russian Federation that remain in force, does not prevent the court from considering the merits of a criminal case pending before it, if, before passing a sentence, the criminality and punishability of the act charged to the accused is eliminated by a new criminal law, and does not deprive the accused of the right of access to justice and the right to effective judicial protection in the procedural forms established by law (Determination of the Constitutional Court of the Russian Federation of November 5, 2004 N 361-O).

2. A criminal case is subject to termination on the grounds provided for in paragraph 2 of part one of this article in the case where, before the verdict entered into legal force, the criminality and punishability of this act were eliminated by a new criminal law.

3. Termination of a criminal case entails the simultaneous termination of criminal prosecution.

4. A criminal case is subject to termination in the event of termination of criminal prosecution against all suspects or accused, with the exception of the cases provided for in paragraph 1 of part one of Article 27 of this Code.

(Part four introduced by Federal Law dated July 4, 2003 N 92-FZ)

Commentary on Article 24

1. Article 24 contains a list of such grounds for refusal to initiate a criminal case or termination of a criminal case and criminal prosecution, which exclude the possibility of starting or further criminal prosecution. This is their difference from the grounds specified in Art. Art. 25, 28, 427 of the Code of Criminal Procedure, in the presence of which the authorized bodies have the right to terminate the criminal case and (or) criminal prosecution, but are not obliged to do so.

2. Since Ch. 4 is placed by the legislator in part one “General Provisions” of the Code of Criminal Procedure, then the grounds specified in it are subject to application at all stages of the process, unless otherwise provided by law. At the same time, the legislator on the basis provided for in paragraph 2 of part 1 of Art. 24 of the Code of Criminal Procedure, in relation to the refusal to initiate a criminal case, says in Art. 148 Code of Criminal Procedure. On termination of a criminal case at the stage of preliminary investigation on the grounds listed in Art. 24 of the Code of Criminal Procedure, additionally mentioned in Part 2 of Art. 212 of the Code of Criminal Procedure, at the stage of preparation for the court hearing - in Art. 239 Code of Criminal Procedure. The court according to Art. 254 of the Code of Criminal Procedure terminates a criminal case in a court hearing if during the trial (for an explanation of the concepts of “court hearing” and “trial proceedings” see, respectively, paragraphs 50 and 51 of Article 5 of the Criminal Procedure Code) the grounds specified in paragraph p. 3 - 6 h. 1 tbsp. 24 and paragraphs 3 - 6, part 1, art. 27 Code of Criminal Procedure. References to the grounds provided for in Art. 24 of the Code of Criminal Procedure, when deciding to terminate a criminal case during proceedings on the use of compulsory measures of a medical nature, are also found in paragraph 1 of part 1 of Art. 439, part 3 art. 443 Code of Criminal Procedure.

3. If the grounds for termination of the criminal case and (or) criminal prosecution specified in paragraphs 1 - 3 of part 1 of this article and paragraphs 1 - 3 of part 1 of Art. 27 are discovered during the trial, the court continues to consider the criminal case in the usual manner until it is resolved on the merits (see commentary to Part 8 of Article 302).

4. The need to pass a sentence (and not a court ruling or a judge’s decision to terminate a criminal case and (or) criminal prosecution) if the grounds listed in paragraphs 1 - 3 of this article and paragraphs 1 - 3 are discovered. 1 tbsp. 27, during the trial is connected with the fact that everyone is guaranteed judicial protection of his rights and freedoms (Article 46 of the Constitution) and that justice in the Russian Federation is carried out only by the court (Article 118 of the Constitution), therefore the absence of a crime, the absence of elements in the act crimes, the non-involvement of the suspect or accused in committing a crime, the expiration of the statute of limitations for criminal prosecution, as well as the issuance of an amnesty act do not prevent the final resolution of the criminal case and the adoption of a decision on innocence (an acquittal is rendered in the cases provided for in clauses 1 and 2 1 Article 24 and paragraphs 1 and 2 of Article 27 of the Code of Criminal Procedure) or guilt (a guilty verdict is passed with the release of the convicted person from punishment in cases provided for in paragraph 3 of Part 1 of Article 24 and paragraph 3 of Part 1 of Art. 27).

5. When terminating a criminal case and (or) criminal prosecution at one or another stage of the process, a reference is required to the article regulating the procedure for terminating a criminal case and (or) criminal prosecution at a specified stage, and the corresponding article of Chapter. 4. When deciding on the termination of a criminal case, the preliminary investigation of which has been suspended on one of the grounds provided for in Art. 208 of the Code of Criminal Procedure, due to the expiration of the statute of limitations for criminal prosecution, it is necessary to be guided by clause 3, part 1, art. 24 Code of Criminal Procedure and Art. 78 of the Criminal Code. Within 10 days from the date of receipt of the criminal case by the prosecutor's office, the supervising prosecutor must check the legality of the decision to terminate the case due to the statute of limitations of the crime, while clarifying the correctness of the legal qualification of the actions of the person who committed the crime, and the fact that the statute of limitations for bringing to criminal liability, established by the criminal law, has expired. law, as well as the presence of other circumstances preventing the termination of the case on the specified basis (see Order of the Prosecutor General's Office of the Russian Federation dated 05.05.2004 N 12 “On the procedure for terminating, after the expiration of the statute of limitations, criminal cases suspended for failure to identify the persons who committed the crimes”).

6. The absence of a crime event means the absence of the fact (event) itself, for the investigation of which a criminal case can be initiated, i.e. the absence of such actions, in relation to which it is possible to say whether they contain elements of a crime. Clause 1 part 1 art. 24 of the Code of Criminal Procedure provides for cases when: a) there was no fact (event) itself that could be regarded as a crime (for example, there is no fact of theft if the victim himself moved the valuable thing to another place and forgot about it); b) the event of the alleged crime was the result of the action of natural forces (flood, earthquake, lightning strike, snowfall, etc.), physiological, physical or chemical processes that do not depend on the consciousness and volitional control of persons; c) the incident was the result of the action of the victim himself (suicide, industrial accident as a result of the fault of the victim himself in the absence of the fault of other persons).

If it is not established whether a crime has occurred, and all possibilities for collecting additional evidence have been exhausted, a decision is made to terminate the criminal case (clause 1, part 1, article 24 of the Code of Criminal Procedure), and at the trial stage an acquittal is rendered (clause 1 part 2 article 302 Code of Criminal Procedure). In this case, different formulations are used: the absence of a crime event and the crime event has not been established.

7. Refusal to initiate a criminal case or termination of a criminal case under paragraph 2 of part 1 of Art. 24 of the Code of Criminal Procedure will follow when the very fact of an act committed by a specific person is established, but it is not provided for or is not regarded by the criminal law as a crime due to a number of reasons:

— before the verdict comes into force, the crime and punishability of the act are eliminated by the new criminal law (Part 2 of Article 24 of the Code of Criminal Procedure). For example, due to the non-application of norms on the retroactive effect of a law eliminating the criminality of an act, the conviction is subject to cancellation with the termination of the case for lack of corpus delicti, if at the time of the verdict in accordance with the Criminal Code the person was not the subject of the crime <*>;

———————————

<*> BVS of the Russian Federation. 1999. N 11. P. 18.

- the act only formally contains signs of any act provided for by the Criminal Code, but due to its insignificance it does not pose a public danger (Part 2 of Article 14 of the Criminal Code), i.e. did not cause harm and did not create a threat of harm to the individual, society, or state <*>;

———————————

<*> BVS of the Russian Federation. 2000. N 9. P. 7.

— there are no conditions provided by law for recognizing the presence of a crime (large size, grave consequences, selfish interest, etc.). For example, the use of an improper document by a person who has not received funds for renting living quarters and travel allowances, not for selfish reasons, but forcedly, in order to cover expenses incurred during a business trip, does not constitute a crime <*>;

———————————

<*> BVS of the Russian Federation. 2001. N 1. S. 8, 9.

- the act took place and is provided for by the Criminal Code, but there are no signs indicating the intent or negligence of the person who committed it (incident);

- the act was committed in a state of necessary defense (Article 37 of the Criminal Code), during the detention of a person who committed a crime (Article 38 of the Criminal Code), extreme necessity (Article 39 of the Criminal Code), physical or mental coercion (Article 40 of the Criminal Code), reasonable risk ( Article 41 of the Criminal Code), execution of an order or instruction (Article 42 of the Criminal Code), i.e. there are circumstances excluding the criminality of the act;

- there was a voluntary refusal to commit a crime, if what was actually committed does not contain the elements of another crime (Article 31 of the Criminal Code);

- at least one of the elements of a crime is missing (object, objective side, subject, subjective side). For example, if a person took possession of the victim’s car without the purpose of theft, wanting to temporarily use it, i.e. not having the intention to turn the car and things into his own property, his actions contain no signs of secret theft of someone else's property, the case is subject to termination for lack of corpus delicti <*>;

———————————

<*> BVS of the Russian Federation. 2000. N 2. S. 21, 22.

— civil legal relations have actually developed between the parties. For example, if a person, borrowing money from victims, had no intention of appropriating it, then the existing relationship is of a civil nature <*>;

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<*> BVS of the Russian Federation. 2000. N 12. S. 7, 8.

— there are criminal procedural immunities defined by law related to the position of the person. For example, in accordance with Art. 51 of the Constitution, no one is obliged to testify against himself, his spouse and close relatives, the circle of whom is determined by federal law (for an explanation of the concept of “close relatives”, see paragraph 4 of article 5 of the Code of Criminal Procedure). In addition, federal law may establish other cases of exemption from the obligation to give testimony (Part 2 of Article 51 of the Constitution). In Part 3 of Art. 56 of the Code of Criminal Procedure provides a list of persons who are not subject to questioning as witnesses (judge, defense attorney, lawyer, clergyman, member of the Federation Council, deputy of the State Duma).

7.1. In the absence of corpus delicti in the act, criminal prosecution is terminated in relation to a person who, at the time of the commission of the act, has not reached the age at which criminal liability begins, provided for by criminal law, as well as in relation to a minor who, although he has reached the age from which criminal liability begins, but due to mental retardation not associated with a mental disorder, could not fully understand the actual nature and social danger of his actions (inaction) and control them at the time of committing the act provided for by the criminal law (Part 3 of Article 27 of the Code of Criminal Procedure).

It is necessary to take into account that the right to rehabilitation, including compensation for damage associated with criminal prosecution, does not arise in cases where procedural coercive measures applied to a person or a guilty verdict were canceled or changed due to the underage age at which criminal charges begin. responsibility, or the adoption of a law eliminating crime or punishability of an act (Part 4 of Article 133 of the Code of Criminal Procedure).

7.2. On the termination of a criminal case against a person who committed an act prohibited by criminal law in a state of insanity, or a person who, after committing a crime, developed a mental disorder that makes it impossible to impose a punishment or carry it out, see commentary. to Art. 439.

7.3. If a person does not pose a danger due to his mental state or has committed an act of minor gravity, then the court issues a decision to terminate the criminal case and refuse to apply compulsory medical measures.

7.4. The court, if there are grounds provided for in Art. Art. 24, 25, 27, 28 of the Code of Criminal Procedure, makes a decision to terminate the criminal case, regardless of the presence and nature of the person’s illness (see commentary to Part 3 of Article 443).

7.5. Having found it proven that a person in a state of insanity committed a socially dangerous act provided for by criminal law, the court dismisses the case for lack of corpus delicti without applying a compulsory measure of a medical nature in the case where the person, by the nature of the act he committed and his morbid condition, does not pose a danger to society and does not need in compulsory treatment <*>.

———————————

<*> BVS of the Russian Federation. 1999. N 7. P. 11.

8. Refusal to initiate a criminal case due to the absence of corpus delicti in the act is permitted only in relation to a specific person (see commentary to Part 1 of Article 148).

9. In criminal cases of private prosecution, the failure of the victim to appear without valid reasons entails the termination of the criminal case on the grounds provided for in paragraph 2 of Part 1 of Art. 24 of the Code of Criminal Procedure (see commentary to Part 3 of Article 249).

10. When deciding on the expiration of the statute of limitations for criminal prosecution, one should be guided by Art. 78 of the Criminal Code, where the concept is formulated and the statute of limitations is established.

11. In accordance with criminal law, the statute of limitations is calculated from the day the crime was committed until the court verdict enters into legal force. If a person commits a new crime, the statute of limitations for each crime is calculated independently.

12. The issue of applying the statute of limitations to a person who has committed a crime punishable by death or life imprisonment is decided by the court (Part 4 of Article 78 of the Criminal Code). On this basis, the case cannot be terminated at the preliminary investigation stage.

If by the time the case is received by the court of first instance the statute of limitations for criminal prosecution has expired, when scheduling the case for consideration at a court hearing, the court is obliged to dismiss the case <*>.

———————————

<*> BVS of the Russian Federation. 2000. N 7. P. 16.

13. To persons who have committed crimes against the peace and security of mankind, provided for in Art. Art. 353, 356, 357 and 358 of the Criminal Code, statutes of limitations do not apply (Part 5 of Article 78 of the Criminal Code).

14. When releasing minors from criminal liability, the statute of limitations provided for in Art. 78 of the Criminal Code, reduced by half (Article 94 of the Criminal Code).

15. Divisions of the internal affairs bodies for juvenile affairs carry out individual preventive work in relation to minors released from criminal liability as a result of an amnesty act or due to a change in the situation, as well as in cases where it is recognized that the correction of a minor can be achieved through the use of coercive measures educational influence (clause 2.1.1.4 of the Instructions for organizing the work of divisions of internal affairs bodies for minors, approved by Order of the Ministry of Internal Affairs of Russia dated May 26, 2000 N 569 “On approval of the Instructions for organizing the work of divisions for juvenile affairs of internal affairs bodies”).

16. Termination of a case due to the expiration of the statute of limitations is not allowed if the accused objects to this <*>.

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<*> BVS of the Russian Federation. 1999. N 5. P. 22.

17. An independent basis for termination of a criminal case - the death of a suspect or accused does not terminate a criminal case if the criminal proceedings are necessary for the rehabilitation of the deceased. The concept of “rehabilitation” is given in paragraph 34 of Art. 5 Code of Criminal Procedure.

18. As judicial practice shows, in relation to a deceased accused, as well as a person who was subject to criminal liability, but died before a decision was made to bring him in as an accused, defendant or convicted person, if in relation to the latter the verdict was appealed or protested and the case was transferred for consideration by the cassation instance, termination of a criminal case on this basis is possible at any stage of the process, since this circumstance indicates the absence of the subject of the crime. Proceedings against the deceased can be continued only in the interests of his rehabilitation, restoration of his honor, good name, reputation <*>.

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<*> BVS of the Russian Federation. 1999. N 5. P. 19.

19. If the grounds for the rehabilitation of the deceased are not established, then the criminal case is terminated under clause 4 of part 1 of Art. 24 Code of Criminal Procedure.

20. A crime can be recorded as solved if the criminal case is terminated due to the expiration of the statute of limitations, as a result of an act of amnesty, or in relation to a deceased person (§ 17 of the Instructions on the Unified Recording of Crimes, approved by the Prosecutor General's Office of the Russian Federation dated December 14, 1994 N 20-1-85/94 <*>).

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<*> Bulletin of current legislation. Ministry of Internal Affairs of the Russian Federation. Vol. 10. Part 2. M., 1994.

21. An independent group of grounds for refusal to initiate a criminal case or termination of a criminal case includes conditions related to cases of private and private-public prosecution, the proceedings for which (except for the cases specified in Part 4 of Article 20 of the Code of Criminal Procedure) depend on the will of the victims (clause 5, part 1, article 24 of the Code of Criminal Procedure).

On the initiation and termination of a criminal case of this category, see the commentary. to Art. Art. 20, 23.

22. Within the meaning of the law, the initiation of a private prosecution case may be refused on the grounds of lack of corpus delicti only in the case where such a decision does not require the collection, research and evaluation of evidence <*>.

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<*> BVS of the Russian Federation. 1994. N 1. P. 8.

23. Judicial practice proceeds from the fact that when initiating a criminal case in the absence of a statement from the victim, the prosecutor’s conclusion that the person is in a dependent position or for other reasons is not able to independently exercise his rights must be justified in the decision to initiate a criminal case, The evidence collected in the case should also indicate this. Otherwise, if the victim refuses to bring the person to criminal responsibility and insists on the termination of criminal prosecution in connection with reconciliation with him, the case is subject to termination on this basis <*>.

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<*> BVS of the Russian Federation. 1998. N 5. P. 21.

24. A new ground is the lack of consent of the court to initiate a criminal case or to bring as an accused one of the persons specified in paragraphs 1, 3 - 5, 9 and 10 of Part 1 of Art. 448 Code of Criminal Procedure. Special procedure for criminal proceedings against persons listed in Art. 447 of the Code of Criminal Procedure is due to the existence of criminal procedural immunity, determined by the position of these persons. It seems that these norms are intended to ensure the fulfillment of a dual task: to prevent the illegal and unjustified prosecution of certain categories of persons and to ensure the equality of all citizens before the law and the court.

Previously, the criminal procedure law did not indicate the need to refuse to initiate or terminate a criminal case in cases where the consent of the competent authorities to bring a certain category of citizens to criminal liability (deputies, candidates for deputies, judges, employees of the Accounts Chamber, etc.) was not obtained. .

25. The immunity of the above persons is established by current federal legislation.

On this basis, in the descriptive part of the resolution to terminate the criminal case and (or) criminal prosecution, it is advisable to refer to the relevant federal laws that provide for a special procedure for bringing to criminal liability the President of the Russian Federation who has ceased to exercise his powers (Article 3 of the Law on Guarantees to the President), a registered candidate to the President of the Russian Federation (Article 42 of the Federal Law of January 10, 2003 N 19-FZ “On the Election of the President of the Russian Federation” (as amended on July 21, 2005) <1>), the Commissioner for Human Rights in the Russian Federation (Article 12 of the Law on Commissioner for Human Rights), members of the Federation Council, deputies (Article 19 of the Law on the status of a deputy, Article 13 of the Law on the organization of government bodies of the constituent entities of the Russian Federation), candidates for deputies (Article 50 of the Federal Law of December 20, 2002 N 175-FZ “On elections of deputies of the State Duma of the Federal Assembly of the Russian Federation" <2>, Article 41 of the Federal Law of June 12, 2002 N 67-FZ "On the basic guarantees of electoral rights and the right to participate in a referendum of citizens of the Russian Federation" (as amended. dated July 21, 2005) <3>, Art. 24 Federal Law of November 26, 1996 N 138-FZ “On ensuring the constitutional rights of citizens of the Russian Federation to elect and be elected to local government bodies” <4>), judges (Article 15 of the Law on the Constitutional Court, Article 16 of the Law on the Status of Judges) , a member of the election commission with a decisive vote (Article 29 of the Federal Law of June 12, 2002 N 67-FZ), employees of the Accounts Chamber (Article 29 of the Law on the Accounts Chamber).

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<1> Northwestern Russian Federation. 2003. N 2. Art. 171; 2005. N 30 (part 1). Art. 3104.

<2> Northwestern Russian Federation. 2002. N 51. Art. 4982.

<3> Northwestern Russian Federation. 2002. N 24. Art. 2253; 2005. N 30 (part 1). Art. 3104.

<4> Northwestern Russian Federation. 1996. N 49. Art. 5497.

26. Termination of a criminal case entails the simultaneous termination of criminal prosecution, which means procedural activities carried out by the prosecution in order to expose a suspect accused of committing a crime (clause 55 of Article 5 of the Code of Criminal Procedure).

27. The meaning of the concept of “criminal case” in Art. 5 of the Code of Criminal Procedure is not explained. According to paragraph 5 of Art. 10 of the Model Code of Criminal Procedure <*> a criminal case is a separate proceeding conducted by the criminal prosecution body and the court regarding one or more allegedly committed acts prohibited by criminal law.

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<*> International legal acts of the CIS member states in the field of combating crime. Collection of documents. M., 1999. P. 122.

On the termination of the criminal case, see comment. to ch. 29.