Article 20.12 of the Code of the Russian Federation on Administrative Offences. Sample plots of administrative offenses
Art. 20.20 Code of Administrative Offenses. Drinking or consuming alcoholic and alcohol-containing products narcotic drugs or psychotropic substances V in public places(part 3).
03/19/12 at 12:15 at the stadium located in the village. Srednyaya Akhtuba Ivanov I.I. used intoxicating substances/by inhaling vapors from Moment glue.
Art. 20.21 KRFoAP. Appearing in public places while intoxicated.
03/12/12 at 17.45 minutes on the street. Alexandrov near house No. 8, Volzhsky, citizen Ivanov I.I. was in a state of drug intoxication, offensive human dignity and public morality /dirty, wet, unbuttoned clothes, appearance causes disgust and disgust, impaired coordination of movement, unsteady gait, incoherent speech/.
Art. 20.22 KRFoAP. The appearance of minors in a state of intoxication, as well as their drinking of alcohol and alcohol-containing products, their consumption of narcotic drugs or psychotropic substances in public places.
03/19/12 at 12:15 on the landing between the 2nd and 3rd floors in entrance No. 2, building 8 on the street. Alexandrov, Volzhsky, minor Ivanov I.I. used intoxicating substances /by inhaling vapors from Moment glue/.
Art. 6.8 KRFoAP. Illegal trafficking of narcotic drugs, psychotropic substances or their analogues.
During the personal search of citizen Ivanov I.I. in the duty station of the Russian Ministry of Internal Affairs in the Sredneakhtubinsky district on March 15, 2012 at 15:00, a package of white paper measuring 3 by 3 cm with a green substance was found in the left pocket of his trousers, which, according to his words, he found on Oktyabrskaya r. P. Middle Akhtuba. According to the expert's certificate, the seized substance was marijuana weighing 3 grams.
03/15/12 at 14:30, citizen Ivanov I.I. in r.p. Srednyaya Akhtuba on the street. Oktyabrskoy purchased from an unknown person a green substance that resembled marijuana in appearance. According to the expert's certificate, the seized substance was marijuana weighing 3 grams.
Art. 6.9 KRFoAP . Consumption of narcotic drugs or psychotropic substances without a doctor’s prescription.
Citizen Ivanov I.I. 04/15/12 at 13:00 in house No. 3, located on the street. Oktyabrskaya r.p. Srednyaya Akhtuba used narcotic drugs by intravenous injection without a doctor’s prescription.
Art. 6.10 KRFoAP. Involving a minor in drinking alcohol or intoxicating substances.
Citizen Ivanov I.I. 03/15/12 at 19:00 during a disco in the “October” cultural center, located in the village. Srednyaya Akhtuba persuaded minor Petrov Nikolai to use an intoxicating substance (moment glue vapors).
VIII. Sizes of large and especially large sizes of narcotic drugs and psychotropic substances.
Decree of the Government of the Russian Federation of February 7, 2006 N 76
"On approval of large and especially large sizes of narcotic drugs and psychotropic substances, as well as large and especially large sizes for plants containing narcotic drugs or psychotropic substances, or their parts containing narcotic drugs or psychotropic substances, for the purposes of Articles 228, 228.1, 229 and 229.1 of the Criminal Code Russian Federation".
List (excerpts) of narcotic drugs and psychotropic substances, the circulation of which in the Russian Federation is prohibited in accordance with the legislation of the Russian Federation and international treaties Russian Federation (list I):
Narcotic drugs
| Name | Large size (over grams) | Extra large size (over grams) |
| Acetylated opium | 0,5 | |
| Hashish (anasha, cannabis resin) | ||
| Heroin (diacetylmorphine) | 0,5 | 2,5 |
| Cannabis (marijuana) | ||
| Poppy straw | ||
| Cannabis oil (hashish oil) | 0,4 | |
| Mescaline | 0,5 | 2,5 |
| Methadone (phenadone, dolophine) | 0,5 | 2,5 |
| Methamphetamine (Pervitin) | 0,3 | 2,5 |
| Opium - coagulated poppy juice, sleeping pills | ||
| Psilocybin | 0,05 | 0,25 |
| Phencyclidine | 0,02 | 0,1 |
| Ephedrone | 0,2 | 2,5 |
| Amphetamine and its derivatives | 0,2 | |
| Methaqualone | ||
| Coca leaf | ||
| MDMA | 0,6 | 3,0 |
IX. Main drugs
Used in illegal trafficking
(Mixed International Classification of Narcotic Drugs)
SYNTHETIC DRUGS: AMPHETAMINE DERIVATIVES, FENTANYL
Synthetic products- this is a group of drugs that are synthesized under factory-like conditions and look like regular drugs medicines(tablets, capsules or powders). Typically, these compounds differ in their molecular structure from those officially controlled by the government. This structure retains or even increases the pharmacological activity of the parent compounds.
Methylenedioxy derivatives of amphetamine, Ecstasy group
Methylenedioxy derivatives of amphetamine (MDOA) - separate, special class entactogens, since it has a special effect on humans, different from the effects of amphetamines or hallucinogens of the mescaline class.
MAIN CLASS REPRESENTATIVES:
MDA (3,4-methylenedioxyamphetamine, Love Drug, molecular weight 179)
MDMA (3,4.methylenedioxyamphetamine, Ecstasy, Adam, XTC, ESSENCE, molecular weight 193) was synthesized in 1914. It was first used in psychiatry as a means of reducing anxiety and increasing emotional openness. There was a lack of information about side effects and addiction, which contributed to the growth of its popularity in society. MDMA and related compounds have long been believed to be safe.
MDEA (N-ethyl-3,4-methylenedioxyamphetamine, Eve, molecular weight 207)
MDDMA (N,N-dimethyl-3,4-methylenedioxyamphetamine, mol weight 207)
BDB (1-(3,4-methylenedioxyphenyl)2-butanamine, molecular weight 193)
MBDB (N-methyl-1-(3,4 methylenedioxyphenyl)2-butanamine, molecular weight 207)
N-OH-MDA (N-hydroxy-3,4-methylenedioxyamphetamine, Fantasy, mol.
(All these compounds are prohibited for use and included in List 1 of the UN Convention and the Standing Committee on Drug Control of the Russian Federation)
PSYCHOLOGICAL EFFECTS: euphoria, expansion and aggravation of emotional perception, increased strength of emotions and sensations, a feeling of emotional closeness and increased trust in others,
peacefulness and compassion, the need for intellectual and physical contacts; increased self-esteem, communication skills and sociability. No stimulant or hallucinogenic manifestations are observed (only at high doses).
SIDE EFFECTS: Excessive sweating, involuntary jaw locking, cheek biting, blurred vision, hesitation blood pressure.
With prolonged use of MDOA, tolerance develops, the nature of the effect changes towards increased negative effects. Irreversible processes occur in the brain (severe neurotoxic disorders of the serotonergic system). Deep long-term depression, panic states, paranoid reactions.
FORMS AND METHODS OF USE:
Hydrochloric acid salts (hydrochlorides) in the form of tablets with various logos, capsules or powders.
The main method is oral. Inhalation through the nose and intravenous administration is possible.
A single dose, depending on the type of compound, is 50-100 (80-125) mg (for MDA - up to 230 mg), with the development of tolerance, the amount can be increased to 300-500 mg; however, doses above 500 mg result in fatal outcome. Death occurs mainly due to acute heart failure and dehydration.
Fentanyl and its analogues
Fentanyl (FNT)- N-(1-phenathyl-4-pyleridyl) propionamilide is a synthetic narcotic analgesic of high efficiency (100 times stronger than morphine) and short action. It was first synthesized in the late 50s in Belgium. Under the name Sublimaze, it was introduced into clinical medicine as an intravenous anesthetic for pre- and postoperative medicine. The action occurs within 1-2 minutes and lasts 30-60 minutes.
All FNT analogs are opioids, since they bind to opiate receptors, and their pharmacological action, including side effects, is similar to opiate, but differs in strength and duration of action.
Fentanyls are highly soluble in lipids and therefore easily and quickly overcome the membrane barrier and are effectively absorbed by any route of administration. They quickly reach the brain. The first effects develop within 90 seconds after intravenous administration, after 2 minutes a state of relaxation and euphoria is achieved.
PROHIBITED FENTANYL ANALOGUES:
All illicit fentanyl analogs have a qualitatively similar opiate-type pharmacological effect on the body and differ only in effectiveness and duration of action.
3-METHYL-FENTANYL
ALPHA-METHYLFENTANYL
ACETYL ALPHA METHYLFENTANYL
THIOPHENTANYL
3-METHYL-THIOFENTANYL
ALPHA-METHYL-THIOPHENTANYL
PARA-FLUOROPHENTANYL
BETA-HYDOXY-FENTANYL
BETA-HYDROXY-3-METHYLFENTANYL
(All of these compounds are prohibited for use and are included in List 1 of the UN Convention and the Standing Committee on Drug Control of the Russian Federation)
PSYCHOLOGICAL EFFECTS: relaxation, euphoria. The development of tolerance and physiological dependence occurs quickly. PNT derivatives are substituted with morphine and, like opiates, have narcotic activity. Opium addicts perceive FNT as a heroin substitute with similar effects.
SIDE EFFECTS: Fentanyls produce all the effects and side effects of classical narcotic analgesics. Doses of 50-100 mcg of pharmaceutical FNT cause analgesia and rapid loss of consciousness. Exceeding doses leads to euphoria, respiratory depression, pinpoint constriction of the pupils, increased muscle tone, and nausea.
FORMS AND METHODS OF USE:
Intravenous administration is the most common route. Also, like heroin, FNT is smoked and snorted through the nose. There is information about two forms of the drug: for those who inject the drug (shooters) and for those using the intranasal route (snorters). I usually dilute the drug with a very large amount of lactose or starch. Sometimes mixed with cocaine or heroin. The color of FNT can vary from pure white (Persian White) to whitish or light beige (China White, Synthetic Heroin, Fentanyl) and light and dark brown (Mexican Brown). The brown color comes from lactose, which caramelizes when heated. The texture of FNT varies from a light and fine powder to a coarser, loose powder, similar to powdered milk. May sometimes have a medical or chemical odor.
Appearance FNT samples do not contain any special features that would allow it to be visually distinguished from heroin. Fentanyl and its analogues can only be identified through chemical analysis.
CANNABINOIDS
Cannabinoids- drugs obtained from hemp of the Cannabis Sativa type. This group of drugs includes drugs made from various parts of the hemp plant. Hemp belongs to the genus Cannabinaceae. It is a dense, annual, tree-like bush. Grows in hot and temperate climate and can reach 4 m in height. The stems have a characteristic odd number (5, 7,9) of leaf branches with jagged edges, similar to a saw blade. When flowering, a resinous substance is released on the stalks of the upper leaves, which protects the plant from the sun. It grows both wild and cultivated. As a non-narcotic substance it is used for spinning threads, ropes, fabrics; oil production; bird feeding (seeds).
NARCOTIC DRUGS OBTAINED FROM HEMP:
Marijuana(THC 0.5 - 6%) are dried and crushed various parts of hemp. The tops and leaves of female cannabis plants are mainly used. The color of marijuana ranges from light green to brown. Has a characteristic hemp smell. Marijuana is consumed by smoking, both mixed with tobacco and in its pure form. IN Lately marijuana is smoked and combined with cocaine paste or “crash”, and also soaked in phencyclidine.
Hashish(THC 2 - 10%) - made from resin and pollen of the hemp plant during the flowering period. The tops are kneaded until the resin comes out, then it and the ground remains of the plants are kneaded and pressed into tiles or other three-dimensional forms. Hashish has a characteristic smell of cannabis. The color varies from light gray to black depending on where the hemp grows and the conditions under which the hashish is made. Consumed by smoking or orally.
Hashish oil(THC 10 - 30%) - has the appearance of a tar-like viscous liquid. It is obtained by extracting (extracting) tetrahydrocane-nabinol from parts of the hemp plant with various solvents, alcohols or fats. Color varies from dark green to dark brown. Method of consumption is smoking cigarettes soaked in hashish oil, less often with food.
EFFECTS WHEN USING MARIJUANA:
It has a stimulating and sedative effect on the body, and at high doses causes hallucinogenic effects.
Physiological effects- swelling of the mucous membrane of the eyes, inflammation of the eye. Increased heart rate, increased heart rate, increased blood pressure, impaired motor function, relaxation, fluctuations in body temperature, headache, dizziness, nausea, feeling of hunger
Behavioral effects- relaxation, decreased psychomotor activity, deterioration in concentration, impaired ability to correctly judge distance, decreased attention, rapid speech, uncontrollable talkativeness.
Emotional Effects- euphoria, a feeling of well-being, a carefree state, alternating with a state of anxiety and restlessness.
Neuropsychiatric effects- deterioration of short-term memory, understanding, and ability to perform tasks. Changing the perception of time and space. Increased tactile sensitivity. Exacerbation of visual and auditory perception, smell. Reduced pain barrier. Changes in the sphere of sexual emotions. Hallucinations. Loss of awareness of oneself as an individual, depersonalization. Psychosis (at high doses).
Toxic manifestations of high doses - muscle contraction, anxiety, suspicion, delirium, paranoia, panic, cerebrovascular accident, difficulty speaking, recurring hallucinations (sometimes after 6 months of abstinence).
METHODS OF USE:
Smoking, smoke inhalation. Oral consumption (chewing, in the form of tea leaves or as a food additive). Intravenous administration (rare).
CHEMICAL COMPOSITION OF MARIJUANA:
Once dried, marijuana contains over 400 components. When smoking, as a result of pyrolytic transformations, they are transformed into 2000 chemical substances. More than 70 of the 400 ingredients in marijuana are CANNABINOIDS. The main component responsible for the psychoactive properties of marijuana is trans-delta-9-tetrahydrocannabinol (THC). The total effect of marijuana is determined by all active cannabinoids.
MAIN CANNABINOIDS:
delta-9-tetrahydrocannabinol (THC)
delta-8-TPS
cannabinol
1. According to the Federal Law “On Weapons”, the transfer of weapons, as well as their transportation, transportation and use are types of weapons trafficking.
2. In accordance with Art. 19 of the Federal Law “On Weapons”, state paramilitary organizations have the right to sell or transfer the combat hand-held small arms and edged weapons they have in their arsenal in the manner established by the Government of the Russian Federation, or to sell their civilian and service weapons and ammunition to legal entities that have license to trade in civilian and service weapons and ammunition for them.
Heads of state paramilitary organizations have the right to transfer short-barreled firearms for storage and carrying individual categories military personnel and employees of state paramilitary organizations who are retired, as well as temporarily issue weapons in the manner established by the Government of the Russian Federation to officials government agencies, who are permitted by law to store and carry weapons, with the issuance of appropriate permits in the manner determined by the Ministry of Internal Affairs of Russia.
On the powers of state paramilitary organizations in the field of arms trafficking, see paragraph 2 of the commentary to Art. 20.8.
3. According to clause 8, as well as clauses 23 - 25 of the Rules for the circulation of combat hand-held small arms and other weapons, ammunition and cartridges for them, as well as bladed weapons in state paramilitary organizations, approved by Decree of the Government of the Russian Federation of October 15, 1997 N 1314 (as amended by Decree of the Government of the Russian Federation of November 2, 2000 N 838), the transfer of weapons must be documented in standard documents, the list, form and procedure for maintaining which are determined by the regulatory legal acts of the relevant state paramilitary organizations.
4. Transportation and transportation of weapons by air, rail, water, road and other types of transport are carried out under armed guard with the execution of relevant documents of the established form, the form and procedure for maintaining which are determined by the regulatory legal acts of state paramilitary organizations. During transport and transportation, weapons must be in an unloaded state, separate from ammunition. Weapons and ammunition must be packed in special containers that are sealed or sealed.
If signs of tampering are detected vehicle transporting weapons, damage to the container, violation of seals or seals, the senior armed guard is obliged to immediately report this to the military commandant of the railway (water) section or station (port), the head of the station, the department of internal affairs in transport, draw up an act, accept necessary measures to establish the causes of the incident and ensure security of the scene.
5. Transportation of weapons and ammunition on the territory of the Russian Federation is carried out on a contractual basis by legal entities whose charters provide for the provision of services for the transportation of weapons and ammunition on the basis of transportation permits issued by the Department of Internal Affairs in the manner determined by the Ministry of Internal Affairs of Russia.
Without ATS permits, weapons and ammunition are transported by citizens of the Russian Federation who legally have hunting weapons to participate in hunting and sporting events on the basis of ATS permits for storing and carrying weapons.
Citizens of the Russian Federation transport weapons in quantities of no more than five units and cartridges - no more than 400 pieces on the basis of permission from the Department of Internal Affairs for storage or storage and carrying of the relevant types, types and models of weapons or licenses for their acquisition, collection or exhibition. Transportation of weapons and ammunition in quantities exceeding the specified norms is carried out by citizens of the Russian Federation in the manner prescribed for legal entities.
6. General requirements on the use of weapons by citizens of the Russian Federation are determined by the Federal Law “On Weapons”, as well as clauses 32, 33 of the Rules for the circulation of military hand-held small arms and other weapons, ammunition and cartridges for them, as well as bladed weapons in state paramilitary organizations.
Citizens of the Russian Federation can use the weapons they legally have to protect life, health and property in a state of necessary defense or emergency. The use of a weapon must be preceded by a clearly expressed warning to the person against whom the weapon is used, except in cases where delay in the use of a weapon creates an immediate danger to human life or may entail other grave consequences. Moreover, the use of weapons in a state of necessary defense should not cause harm to third parties.
It is prohibited to use firearms against women, persons with obvious signs of disability, and minors when their age is obvious or known, except in cases where these persons commit an armed or group attack. The owner of the weapon is obliged to immediately, but no later than 24 hours, report each case of the use of a weapon resulting in harm to human health to the police department at the place where the weapon was used.
Rules for the use of sports and hunting weapons are established by the legislation of the Russian Federation.
7. According to Art. 12 of the Federal Law "On Weapons" the use by legal entities with special statutory tasks of certain types and models of hand-held combat weapons small arms for other purposes not provided for by federal law is prohibited.
Enterprises and organizations that are entrusted with the functions of protecting hunting and fishing resources by Federal Law of April 24, 1995 N 52-FZ “On Animal World” are permitted to purchase and use hunting weapons with a rifled barrel as a service weapon.
Full text of Art. 12.20 Code of Administrative Offenses of the Russian Federation with comments. New current edition with additions for 2019. Legal advice on Article 12.20 of the Code of Administrative Offenses of the Russian Federation.
Violation of the rules for using external lighting devices, sound signals, hazard warning lights or warning triangles -
entails a warning or imposition administrative fine in the amount of five hundred rubles.
(Paragraph as amended by Federal Law of June 22, 2007 No. 116-FZ; as amended by Federal Law of July 23, 2013 No. 196-FZ.
Commentary on Article 12.20 of the Code of Administrative Offenses of the Russian Federation
1. The objects of the offense in question are public relations in the field of security traffic.
2. From the objective side, the administrative offense provided for in this article consists of violating the rules for using external lighting devices, sound signals, hazard warning lights or warning triangles.
Clause 19 of the Traffic Rules of the Russian Federation, approved by Resolution of the Council of Ministers - Government of the Russian Federation of October 23, 1883 N 1090 (as amended and additionally), sets out the rules for the use of external lighting devices and sound signals. So, in particular, in the dark and in conditions of insufficient visibility, high and low beam headlights must be turned on on all motor vehicles and mopeds; on trailers - side lights. High beam should be switched to low beam in populated areas, if the road is illuminated, when passing oncoming traffic in order to avoid dazzling drivers of both oncoming and passing vehicles. When stopping and parking at night on unlit sections of roads, the side lights must be turned on. When driving during daylight hours, low beam headlights must be turned on on motorcycles and mopeds, when driving in an organized transport convoy, when organizing groups of children in buses or trucks, when transporting dangerous, large and heavy cargo, when towing motor vehicles . In addition, when driving during daylight hours, in order to indicate a moving vehicle, low beam headlights must be turned on when driving outside. settlements. Rules for using a spotlight, searchlight, fog lights, etc. have also been established.
Sound signals can be used only in two cases: a) to warn other drivers of the intention to overtake outside populated areas; b) when it is necessary to prevent a traffic accident.
The rules for the use of emergency warning lights and warning triangles are formulated in paragraph 7 of the Rules of the Road. Thus, the hazard warning lights must be turned on in case of: a) a traffic accident; b) forced stop in places where stopping is prohibited; c) blinding of the driver by headlights; d) towing (on a towed vehicle).
After turning on the hazard warning lights, as well as if they are malfunctioning or missing, a warning triangle must be immediately displayed in the event of an accident, as well as in case of a forced stop in places where it is prohibited.
3. The subject of the commented administrative offense is the drivers of vehicles.
4. From the subjective side, the administrative offense in question can be committed either intentionally or through negligence.
5. Cases of administrative offense are considered by the head of the traffic police, his deputy, the commander of the regiment (battalion, company) of the road patrol service (DPS), his deputy, and traffic police officers with a special rank (Article 23.3).
Consultations and comments from lawyers on Article 12.20 of the Code of Administrative Offenses of the Russian Federation
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1. Transfer of weapons -
shall entail the imposition of an administrative fine in the amount of five hundred to one thousand rubles with or without confiscation of weapons.
2. Violation of the rules for transporting weapons and ammunition for them -
shall entail the imposition of an administrative fine in the amount of one thousand to one thousand five hundred rubles.
3. Violation of the rules for the use of weapons and ammunition for them -
shall entail the imposition of an administrative fine in the amount of one thousand five hundred to three thousand rubles or deprivation of the right to acquire and store or store and carry weapons for a period of one to two years.
Commentary to Art. 20.12 Code of Administrative Offenses of the Russian Federation
1. The object of the commented administrative offense is relations in the field of ensuring public order and public safety.
Legal entities have the right to transport weapons and ammunition belonging to them on the basis of permits from internal affairs bodies, issued in the manner established by the Ministry of Internal Affairs of the Russian Federation.
To transport weapons and ammunition, legal entities are required to:
— coordinate with the internal affairs bodies at the place of registration of weapons and ammunition the route and type of transport;
— equip vehicles in accordance with the requirements for the transportation of dangerous goods;
- ensure that consignments of firearms in an amount of more than 5 units or cartridges in an amount of more than 400 pieces are escorted along the route by guards of at least 2 armed people firearms. Without escort by security guards armed with firearms, it is allowed to transport sports firearms and (or) ammunition for them by athletes, coaches and other employees of sports organizations and educational institutions engaged in sports or physical education, recreational and sports-pedagogical work that involve the use of sports firearms, and appointed responsible for transporting such weapons and (or) cartridges;
- transport weapons and ammunition in original packaging or in special containers that must be sealed or sealed.
During transportation, the weapon must be in an unloaded state, separate from the cartridges.
When transporting consignments of weapons or ammunition, vehicles must be technically sound, the possibility of visual inspection of the cargo and free access strangers to him.
In cases of transportation of weapons and ammunition in a convoy of more than 2 vehicles, their protection is provided by an escort group of at least 3 people, armed with firearms, traveling in a specially designated vehicle.
If signs of opening of a vehicle carrying weapons and ammunition, damage to containers, violation of seals or seals are detected, the senior armed guard is obliged to immediately report this to the internal affairs bodies, draw up a report, take the necessary measures to establish the causes of the incident and ensure the protection of the scene of the incident.
Transportation of weapons and ammunition across the territory of the Russian Federation is carried out on a contractual basis by legal entities whose charters provide for the provision of services for the transportation of weapons and ammunition (hereinafter referred to as carriers), on the basis of transportation permits issued by internal affairs bodies in the manner determined by the Ministry of Internal Affairs of the Russian Federation .
The procedure for sending and transporting weapons and ammunition for them is regulated by Decree of the Government of the Russian Federation dated July 21, 1998 N 814 “On measures to regulate the circulation of civilian and service weapons and ammunition for them on the territory of the Russian Federation”, Order of the Federal Military Service of the Russian Federation and the Ministry of Internal Affairs of the Russian Federation dated November 30, 1999 N 120/971 “On approval of the Instructions on the procedure for transportation by aircraft civil aviation weapons, ammunition and cartridges for it, special means handed over by passengers for temporary storage during the flight."
The objective side of the offense is characterized by the action associated with the transfer of weapons, violation of the relevant rules for the use, transportation, transportation of weapons and ammunition for them.
2. The subject of this offense is an individual who has reached the age of 18, as well as a legal entity.
From the subjective side, the commission of this offense is characterized by an intentional form of guilt.
Offenses can be expressed in action (pointing a weapon at a person) or inaction (did not check the barrel for foreign particles before shooting).
The subjects of the offense are citizens of the Russian Federation who have reached the age of eighteen, who have the right to own and use weapons, foreign citizens and officials whose duties include the use of weapons, who have violated the rules for the use of weapons and ammunition for them (unless their actions entail criminal liability). An offense can be committed intentionally or carelessly.
Committing an offense entails the imposition of an administrative fine in the amount of fifteen to twenty times the minimum wage, with or without compulsory confiscation of weapons and ammunition. Offenses provided for in Part. 1, 3 of this article are considered either by officials of the Department of Internal Affairs or judges, and part 2 only by officials of the Department of Internal Affairs.
Article 20.13 of the Code of Administrative Offenses of the Russian Federation provides for liability for firing weapons in populated areas and in other places not designated for this, as well as in designated places in violation of established rules.
A populated area should be understood as a place of permanent residence of people that has a certain status (city, town, village, village, etc.), name, cartographic location.
Shooting from a weapon in other places not designated for this purpose should be considered shooting: in vacant lots, in the forest, in a field, in recreation areas where people may be (except for shooting in cases where it is carried out in accordance with established rules).
Places specially designated for shooting are firing ranges, shooting ranges, shooting and hunting stands, shooting ranges belonging to organizations, enterprises, institutions of any form of ownership, open with the permission of the relevant authorities, where established safety rules are observed.
It is an offense to fire a weapon in an unauthorized area unless harmful consequences occur. If these actions lead to harmful consequences, for example, carelessly causing the death of another person, then they entail criminal liability.
The subjects of this offense may be citizens of the Russian Federation who use or own weapons in accordance with the established procedure and rules. Persons who own weapons illegally bear criminal liability for committing these actions.
An offense may be committed intentionally or through negligence.
Committing an offense entails the imposition of an administrative fine in the amount of up to ten times the minimum wage, with or without confiscation of weapons and ammunition.
Article 20.14 of the Code of Administrative Offenses of the Russian Federation provides for liability for violation of certification rules in the production and circulation of weapons and ammunition.
Article 7 of the Federal Law “On Weapons” establishes that all models of civilian and service weapons and ammunition for them, as well as products structurally similar to weapons, are subject to mandatory certification.
The organization of work on certification of civilian and service weapons and cartridges for them, as well as products structurally similar to weapons, is carried out by the State Committee of the Russian Federation for Standardization, Metrology and Certification (Gosstandart of Russia).
The certificate of conformity is the basis for the circulation of civilian and service weapons and ammunition for them on the territory of the Russian Federation.
Weapons production means research, development, testing, manufacturing, as well as artistic finishing and repair of weapons, manufacturing of ammunition, cartridges and their components.
Weapon trafficking refers to its production, sale, transfer, storage, carrying, that is, any actions related to the possession, use and disposal of weapons.
The subjects of the offense are citizens, officials and legal entities.
An offense can be committed either intentionally or through negligence.
Committing an offense entails the imposition of an administrative fine on citizens in the amount of ten to fifteen times the minimum wage, with or without confiscation of weapons and ammunition; for officials - from twenty to thirty minimum wages; for legal entities - from two hundred to three hundred minimum wages with or without confiscation of weapons and ammunition.
This offense is considered by police officials or judges.
Article 20.15 of the Code of Administrative Offenses of the Russian Federation provides for liability for the sale of mechanical sprayers, aerosol and other devices equipped with tear or irritant substances, electric shock devices or spark gaps, without the appropriate license.
The subjects of this offense are citizens who have reached the age of sixteen, officials and legal entities who sell these items without an appropriate license.
An offense can only be committed in the form of intent.
Committing an offense entails the imposition of an administrative fine on citizens in the amount of twenty to twenty-five times the minimum wage with confiscation of the items of the administrative offense; for officials - from forty to fifty times the minimum wage with confiscation of the items of the administrative offense; for legal entities - from four hundred to five hundred minimum wages with confiscation of the items of the administrative offense.
The offense is considered only by judges, since confiscation is provided as a mandatory punishment.
Rights of citizens in administrative proceedings, procedure for administrative proceedings in the case:
a person against whom proceedings are being conducted for an administrative offense has the right to familiarize himself with all the materials of the case, give explanations, present evidence, file petitions and challenges, use the legal assistance of a defender, as well as other procedural rights in accordance with the Code of Administrative Offenses of the Russian Federation.
A lawyer or other person is allowed to participate in proceedings regarding an administrative offense as a defense attorney or representative.
The powers of a lawyer are certified by a warrant issued by the relevant legal entity. The powers of another person providing legal assistance are certified by a power of attorney issued in accordance with the law.
The defense attorney and representative admitted to participate in the proceedings on an administrative offense have the right to familiarize themselves with all the materials of the case, present evidence, file petitions and challenges, participate in the consideration of the case, appeal the application of measures to ensure the proceedings in the case, the decision on the case, and use other procedural rights in accordance with the Code of Administrative Offenses of the Russian Federation.
Seizure of things that were instruments of committing or subjects of an administrative offense, and documents that have the value of evidence in a case of an administrative offense and discovered at the scene of the commission of an administrative offense or during a personal search, search of things carried by an individual, and search of a vehicle, is carried out in the presence of two witnesses.
A protocol on the seizure of things and documents is drawn up or a corresponding entry is made in the protocol on delivery or in the protocol on administrative detention.
The protocol on the seizure of items and documents contains information about the type and details of the seized documents, the type, quantity, and other identification features of the seized items, including the type, brand, model, caliber, series, number, and other identification features of the weapon, about the type and quantity of ammunition.
The protocol on the seizure of things and documents is signed by the official who compiled it, the person from whom the things and documents were seized, and witnesses. If the person from whom things and documents were seized refuses to sign the protocol, a corresponding entry is made in it. A copy of the protocol is given to the person from whom things and documents were confiscated, or to his legal representative.
Seized firearms and ammunition for them, other weapons, as well as military supplies are stored in the manner determined by the federal executive body in the field of internal affairs.
A protocol is drawn up on the commission of an administrative offense in the field of weapons trafficking.
The protocol on an administrative offense shall indicate the date and place of its preparation, the position, surname and initials of the person who compiled the protocol, information about the person against whom the case of an administrative offense was initiated, surnames, first names, patronymics, addresses of the place of residence of witnesses and victims, if any. witnesses and victims, place, time of commission and event of an administrative offense, article of the Code of Administrative Offenses of the Russian Federation or the law of a constituent entity of the Russian Federation, providing for administrative liability for this administrative offense, explanation individual or legal representative legal entity, in respect of which the case was initiated, other information necessary to resolve the case.
When drawing up a protocol on an administrative offense, an individual or a legal representative of a legal entity against whom a case of an administrative offense has been initiated, as well as other participants in the proceedings, are explained their rights and obligations, which is recorded in the protocol.
An individual or a legal representative of a legal entity against whom a case of an administrative offense has been initiated must be given the opportunity to familiarize themselves with the protocol of the administrative offense. These persons have the right to submit explanations and comments on the contents of the protocol, which are attached to the protocol.
The protocol on an administrative offense is signed by the official who compiled it, an individual or a legal representative of a legal entity against whom a case of an administrative offense has been initiated. If these persons refuse to sign the protocol, a corresponding entry is made in it.
The individual or legal representative of the legal entity against whom a case of an administrative offense has been initiated, as well as the victim, is given a copy of the protocol on the administrative offense against signature.
A protocol on an administrative offense is drawn up immediately after the discovery of an administrative offense.
If additional clarification of the circumstances of the case or information about an individual or information about a legal entity is required in respect of which a case of an administrative offense is being initiated, a protocol on the administrative offense is drawn up within two days from the moment the administrative offense is discovered.
In the event of an administrative investigation, a protocol on the administrative offense is drawn up immediately upon completion of the investigation.
The protocol (prosecutor's resolution) on an administrative offense is sent to the judge, body, official authorized to consider the case of an administrative offense, within 24 hours from the moment the protocol (decision is issued) on the administrative offense is drawn up.
If the protocol on an administrative offense was drawn up by an unauthorized person, as well as in other cases when there are shortcomings in the protocol and other materials of the case on an administrative offense, then these shortcomings are eliminated within no more than three days from the date of their receipt (receipt) from the judge, body, official considering the case of an administrative offense. The materials of the case on an administrative offense with amendments and additions made to them are returned to the specified judge, body, official within 24 hours from the day the relevant deficiencies are eliminated.
A case of an administrative offense is considered within fifteen days from the date of receipt by the judge, body, official authorized to consider the case, the protocol on the administrative offense and other materials of the case.
If petitions are received from participants in the proceedings on an administrative offense or if it is necessary to further clarify the circumstances of the case, the period for consideration of the case may be extended by the judge, body, or official considering the case, but not more than by one month. The judge, body, official considering the case shall issue a reasoned ruling on the extension of the specified period.
When considering a case of an administrative offense:
1) it is announced who is considering the case, what case is subject to consideration, who and on the basis of what law is brought to administrative responsibility;
2) the fact of the appearance of an individual, or a legal representative of an individual, or a legal representative of a legal entity in respect of whom proceedings are being conducted in a case of an administrative offense, as well as other persons participating in the consideration of the case, is established;
3) the powers of legal representatives of an individual or legal entity, defender and representative are checked;
4) it is determined whether the participants in the proceedings have been notified in the prescribed manner, the reasons for the non-appearance of the participants in the proceedings are clarified and a decision is made to consider the case in the absence of these persons or to postpone the consideration of the case;
5) explain to the persons participating in the consideration of the case their rights and obligations;
6) submitted challenges and petitions are considered;
7) a ruling is made to postpone the consideration of the case in the event of:
a) receipt of an application for self-recusal or recusal of a judge, member of a collegial body, or official considering the case, if their recusal interferes with the consideration of the case on the merits;
b) challenge of a specialist, expert or translator, if the said challenge prevents the consideration of the case on the merits;
c) the need for a person participating in the consideration of the case to appear, to request additional materials on the case or to order an examination;
8) a ruling is made to bring in a person whose participation is recognized as mandatory in the consideration of the case;
9) a determination is made to transfer the case for consideration according to jurisdiction.
When the consideration of the case of an administrative offense continues, the protocol on the administrative offense, and, if necessary, other materials of the case are read out. Explanations of an individual or a legal representative of a legal entity in respect of whom proceedings are being conducted for an administrative offense, testimony of other persons participating in the proceedings, explanations of a specialist and expert opinion are heard, other evidence is examined, and if the prosecutor participates in the consideration of the case, the his conclusion.
If necessary, other procedural actions are carried out in accordance with the Code of Administrative Offenses of the Russian Federation.
Based on the results of consideration of a case of an administrative offense, a decision may be made:
1) on imposing an administrative penalty;
2) on termination of proceedings in the case of an administrative offense.
The resolution in a case of an administrative offense must indicate:
1) position, surname, name, patronymic of the judge, official, name and composition of the collegial body that made the decision;
2) date and place of consideration of the case;
3) information about the person in respect of whom the case was considered;
4) circumstances established during the consideration of the case;
5) an article of the Code of Administrative Offenses of the Russian Federation or a law of a constituent entity of the Russian Federation, providing for administrative liability for committing an administrative offense, or grounds for termination of proceedings;
6) a reasoned decision on the case;
7) the period and procedure for appealing the decision.
The decision on the case of an administrative offense is announced immediately upon completion of the consideration of the case.
A copy of the decision in the case of an administrative offense is handed over against receipt to the individual, or the legal representative of the individual, or the legal representative of the legal entity in respect of whom it was made, or is sent to the specified persons within three days from the date of the said decision.
A decision in a case of an administrative offense may be appealed by the person against whom it was made, his defense attorney, or the prosecutor:
1) rendered by a judge - to a higher court;
2) issued by an official - to a higher body, to a higher official or to the district court at the place of consideration of the case.
