Administrative offenses enshrined in Chapter 7 of the Code of Administrative Offenses of the Russian Federation have a generic object of encroachment public relations arising regarding the ownership, use, and disposal of certain types of property. The offender uses or disposes of them without having title documents, licenses, permits, or in violation of a certain procedure for use.
The direct objects of encroachment may be:
Ownership of land and the established procedure for using land plots (Articles 7.1-7.2,7.8 of the Code of Administrative Offenses of the Russian Federation);
State ownership of subsoil and the established procedure for using subsoil (Article 7.3-7.5 of the Administrative Code of the Russian Federation);
State ownership of water bodies and the established procedure for the use of water bodies (Article 7.6 of the Code of Administrative Offenses of the Russian Federation).
Ownership of forests and the established procedure for using forest areas (Article 7.9 of the Code of Administrative Offenses of the Russian Federation)
Ownership of animal world, as well as the established procedure for using objects of the animal world (Article 7.11 of the Code of Administrative Offenses of the Russian Federation).
State ownership of facilities cultural heritage(Article 7.13-7.14 of the Code of Administrative Offenses of the Russian Federation)
The procedure for the disposal and use of a non-residential property that is in federal ownership (Article 7.24 of the Code of Administrative Offenses of the Russian Federation), etc.
Title documents for land in accordance with Art. 14 Federal Law of July 21, 1997 N 122-FZ "On state registration rights to real estate and transactions with it" are certificates of state registration of rights. Use of a land plot without execution of such documents constitutes an offense under Article 7.1 of the Code of Administrative Offenses of the Russian Federation.
It should be noted that this action will constitute an administrative offense only if the law establishes the obligation of a person to draw up title documents for land.
Lawful use of subsoil plots, water bodies, and wildlife is carried out on the basis of a permit (license).
A license is a document certifying the right of its owner to use the specified objects in certain boundaries and on a certain area in accordance with the methods and purpose specified therein for a specified period, subject to the owner's compliance with pre-agreed conditions and requirements.
In accordance with Art. 1 of the Federal Law of April 24, 1995 N 52-FZ "On the Animal World", are distinguished the following types licenses for the use of wildlife objects:
long-term license - a special permit to carry out economic and other activities related to the use and protection of wildlife;
personalized one-time license - a special permit for a one-time use of certain objects of the animal world, indicating the place and period of its validity, as well as the number of objects of the animal world permissible for use;
management license - a special permit that grants the right to persons identified in it to dispose of objects of the animal world in the prescribed manner.
Licensing procedure individual species activity is approved by various regulations.
Thus, the procedure for licensing the use of subsoil is approved by the Resolution Supreme Council RF dated July 15, 1992 No. 3314-1. The procedure for issuing a license for water use was approved by Decree of the Government of the Russian Federation dated December 30, 2006 N 844. The procedure for licensing the use of wildlife objects was approved by Decree of the Government of the Russian Federation dated December 27, 1996 No. 1574 “On the procedure for issuing long-term licenses for the use of wildlife objects” and the order Ministries Agriculture RF dated January 4, 2001 No. 3 “On approval of the Regulations on the procedure for issuing personalized one-time licenses for the use of wildlife objects classified as hunting objects.”
The right to use a forest fund plot and the right to use forest plots not included in the forest fund arises on the basis of a lease agreement, agreement free use, concession agreement, as well as a logging ticket, order or forest ticket (Article 24 of the Forest Code of the Russian Federation).
Along with general subjects - citizens, officials and legal entities, the articles of Chapter 7 of the Code of Administrative Offenses of the Russian Federation distinguish special subjects, which include owners, owners or users of land, buildings or structures, persons responsible for the maintenance of residential buildings and (or) residential premises.
Most of Offenses of this category can only be committed intentionally, when the guilty person deliberately violates the rights of the property owner.
Special attention should be paid to two general trains administrative offenses of this chapter, due to their particular prevalence.
Article 7.17 of the Code of Administrative Offenses of the Russian Federation provides for administrative liability for destruction or damage to someone else's property.
The object of this offense is the social relations that arise regarding the ownership of property. The acts in question violate these relations by causing property damage to the owner or other owner of the property, depriving them of this property or worsening its useful qualities.
The objective side is expressed either in the destruction of someone else’s property, i.e. bringing it into a state where it cannot be used in accordance with its functional purpose and cannot be restored to its original form; or damage to someone else’s property, which consists in causing reparable damage to property objects.
These actions are considered an administrative offense if they do not cause significant harm. Causing significant damage in an amount exceeding 2,500 rubles is classified as a criminal offense under Art. 167 of the Criminal Code of the Russian Federation.
The subjects of this offense are citizens.
From the subjective side, an offense is characterized by guilt in the form of direct or indirect intent.
In accordance with Art. 7.27 of the Administrative Code of the Russian Federation, petty theft of property of any form of ownership is administratively punishable.
The object of the offense, the composition of which is established in the article under consideration, is social property relations, regardless of its forms regarding property. The direct subject of the offense is property.
From the objective side, an offense is characterized by an unlawful act aimed at the illegal gratuitous seizure and (or) conversion of someone else’s property in favor of the offender or other persons through theft, fraud, misappropriation or embezzlement.
This act is considered an administrative offense in cases where the amount of the stolen goods, regardless of the method of commission, does not exceed one minimum size wages.
The subject of the offense in question is general. These are sane citizens who have reached the age of sixteen.
From the subjective side, this offense can only be committed in the form of intent.
Consideration of cases regarding administrative offenses, provided for by Chapter 7 of the Code of Administrative Offenses of the Russian Federation, is carried out by various bodies depending on the object of the attack.
So, judicial authorities cases of administrative offenses provided for in Art. 7.5, 7.12, 7.15, 7.17, 7.24, 7.27, 7.28 Code of Administrative Offenses of the Russian Federation; bodies implementing state control for the quality and rational use of grain and its processed products, cases of administrative offenses provided for in Art. 7.18 Code of Administrative Offenses of the Russian Federation;
bodies exercising state control over the use and protection of lands, consider cases of administrative offenses under Art. 7.1, part 1 art. 7.2, Art. 7.10 Code of Administrative Offenses of the Russian Federation;
bodies exercising state geological control consider cases of administrative offenses provided for in Part 2 of Art. 7.2, Art. 7.3, 7.10 Code of Administrative Offenses of the Russian Federation;
bodies exercising state control over the use and protection of water bodies consider cases of administrative offenses provided for in Part 2 of Art. 7.2, Art. 7.6 - 7.8, 7.10, 7.20 Code of Administrative Offenses of the Russian Federation;
bodies authorized in the field of use, protection and protection of forest resources consider cases of administrative offenses under Art. 7.1, part 2 art. 7.2, Art. 7.8, 7.9, 7.10, 7.11 Code of Administrative Offenses of the Russian Federation;
bodies authorized in the field of protection, control and regulation of the use of wildlife classified as hunting objects and their habitats
fisheries authorities consider cases of administrative offenses provided for in Part 2 of Art. 7.2, art. 7.11 Code of Administrative Offenses of the Russian Federation;
hydrometeorology and monitoring bodies environment consider cases of administrative offenses provided for in Parts 3 and 4 of Art. 7.2 Code of Administrative Offenses of the Russian Federation;
bodies exercising state environmental control consider cases of administrative offenses provided for in Part 2 of Art. 7.2, art. 7.11 Code of Administrative Offenses of the Russian Federation;
state energy supervision authorities consider cases of administrative offenses under Art. 7.19 Code of Administrative Offenses of the Russian Federation;
state mining and industrial supervision bodies consider cases of administrative offenses provided for in Part 2 of Art. 7.2, art. 7.3, 7.4, Code of Administrative Offenses of the Russian Federation; , consider cases of administrative offenses under Art. 7.13, 7.14, 7.16 Code of Administrative Offenses of the Russian Federation;
bodies exercising state geodetic supervision, as well as state control in the field of names of geographical objects, consider cases of administrative offenses provided for in Parts 3 and 4 of Art. 7.2, Art. 7.25, 7.26 Code of Administrative Offenses of the Russian Federation;
bodies authorized to exercise control in the field of placing orders for the supply of goods, performance of work, provision of services for state or municipal needs consider cases of administrative offenses under Art. Art. 7.29, 7.30, part 1 of article 7.31, article 7.32 of the Code of Administrative Offenses of the Russian Federation;
bodies exercising state control over compliance with the rules for the protection and use of cultural heritage objects, consider cases of administrative offenses provided for in Articles 7.13, 7.14, 7.16, 7.33 of the Code of Administrative Offenses of the Russian Federation.
Chapter 7. Administrative offenses in the field of property protection
Article 7.1. Unauthorized occupation of land
Unauthorized occupation of a land plot or use of a land plot without duly executed land title documents, and, if necessary, without documents permitting the implementation of economic activity, -
Article 7.2. Destruction or damage of special signs
1. Destruction or damage to boundary signs land plots, as well as failure to fulfill obligations to preserve the specified signs -
2. Destruction or damage to wells of the state reference observation network, observation regime sites on water bodies, surveyor signs, as well as special information signs defining the boundaries of coastal protective strips and water protection zones water bodies, including coastal strips of inland sea waters and territorial sea Russian Federation, signs informing citizens about restrictions on water use in public water bodies, signs indicating the boundaries of sanitary protection zones and other zones with special conditions for the use of territories, special signs indicating the boundaries of fishing areas, indicating their ownership by the user, sanitary signs (mining sanitary) zones and districts, medical and recreational areas and resorts, specially protected natural areas, forest management or forestry signs, as well as signs installed by users of wildlife, authorized state bodies for the protection, control and regulation of the use of wildlife and their habitats, state bodies exercising control and supervision functions in the field of fisheries and conservation of aquatic biological resources and their habitat, as well as buildings and other structures belonging to the specified users and bodies -
entails imposition administrative fine for citizens in the amount of three hundred to five hundred rubles; for officials - from five hundred to one thousand rubles; for legal entities - from five thousand to ten thousand rubles.
3. Destruction, damage or demolition of points of state geodetic networks or stationary points of observation of the state of the environment and its pollution, included in the state observation network, as well as violation of the regime of the security zone of stationary points of observation of the state of the environment and its pollution -
entails the imposition of an administrative fine on citizens in the amount of three hundred to five hundred rubles; for officials - from five hundred to one thousand rubles; for legal entities - from five thousand to ten thousand rubles.
4. Failure by the owner, possessor or user of the land plot, building or structure on which the items listed in Part 3 of this article are located to the federal body executive power on geodesy and cartography, hydrometeorology and related areas or its territorial (regional) body about the destruction, damage or demolition of these points, as well as refusal to provide access (approach) to these points for carrying out observations and other work at them -
entails a warning or the imposition of an administrative fine in the amount of one hundred to five hundred rubles.
Article 7.3. Use of subsoil without a license for subsoil use or in violation of the conditions stipulated by the license for subsoil use and (or) the requirements of duly approved technical projects
1. Use of subsoil without a license for the use of subsoil -
2. Use of subsoil in violation of the conditions stipulated by the license for the use of subsoil and (or) the requirements of the technical design approved in the established manner -
entails the imposition of an administrative fine on citizens in the amount of two thousand to three thousand rubles; for officials - from twenty thousand to forty thousand rubles; for legal entities - from three hundred thousand to five hundred thousand rubles.
Article 7.4. Unauthorized development of mineral deposits areas
Development of mineral resource areas, including placement in places where they occur underground structures without permission, failure to ensure the safety of buildings, structures, as well as specially protected areas and environmental objects when using subsoil -
entails the imposition of an administrative fine on citizens in the amount of two thousand to three thousand rubles; for officials - from twenty thousand to thirty thousand rubles; for legal entities - from one hundred thousand to two hundred thousand rubles.
Article 7.5. Unauthorized extraction of amber
Unauthorized extraction of amber, as well as sale of illegally mined amber in natural and (or) processed form -
entails the imposition of an administrative fine on citizens in the amount of three thousand to five thousand rubles; for officials - from thirty thousand to fifty thousand rubles; for legal entities - from eight hundred thousand to one million rubles.
Article 7.6. Unauthorized occupation of a water body or use of it in violation of established conditions
Unauthorized occupation of a water body or part thereof, or use of them without documents on the basis of which the right to use the water body or part thereof arises, or water use in violation of its terms -
entails the imposition of an administrative fine on citizens in the amount of three hundred to five hundred rubles; for officials - from five hundred to one thousand rubles; for legal entities - from five thousand to ten thousand rubles.
Article 7.7. Damage to objects and systems of water supply, wastewater disposal, hydraulic structures, devices and installations for water management and water protection purposes
Damage to objects and systems of water supply, sewerage, hydraulic structures, devices and installations for water management and water protection purposes -
Article 7.8. Lost power. - Federal Law of December 28, 2009 N 380-FZ.
Article 7.9. Unauthorized occupation of forest areas
Unauthorized occupation of forest areas or use of these areas for uprooting, processing forest resources, setting up warehouses, erecting buildings (construction), plowing and other purposes without special permits for the use of these areas -
entails the imposition of an administrative fine on citizens in the amount of five hundred to one thousand rubles; for officials - from one thousand to two thousand rubles; for legal entities - from ten thousand to twenty thousand rubles.
Article 7.10. Unauthorized assignment of the right to use land, subsoil, forest area or water body
Unauthorized assignment of the right to use land, subsoil, forest area or water body, as well as unauthorized exchange of a land plot -
entails the imposition of an administrative fine on citizens in the amount of five hundred to one thousand rubles; for officials - from one thousand to two thousand rubles; for legal entities - from ten thousand to twenty thousand rubles.
Article 7.11. Use of fauna and aquatic biological resources without permission
Use of objects of wildlife or aquatic biological resources without permission, if permission is required, or in violation of the conditions provided for by the permit, as well as unauthorized assignment of the right to use objects of wildlife or the right to extract (catch) aquatic biological resources, except for the cases provided for in Part 2 Article 8.17 of this Code, -
entails the imposition of an administrative fine on citizens in the amount of five hundred to one thousand rubles; for officials - from one thousand to two thousand rubles; for legal entities - from ten thousand to twenty thousand rubles.
1. Import, sale, rental or other illegal use of copies of works or phonograms for the purpose of generating income in cases where the copies of works or phonograms are counterfeit in accordance with the legislation of the Russian Federation on copyright and related rights or on copies of works or phonograms indicated fake information about their manufacturers, about the places of their production, as well as about the holders of copyright and related rights, as well as other violation of copyright and related rights for the purpose of generating income, except for the cases provided for in Part 2 of Article 14.33 of this Code -
shall entail the imposition of an administrative fine on citizens in the amount of one thousand five hundred to two thousand rubles with confiscation of counterfeit copies of works and phonograms, as well as materials and equipment used for their reproduction, and other instruments for committing an administrative offense; for officials - from ten thousand to twenty thousand rubles with confiscation of counterfeit copies of works and phonograms, as well as materials and equipment used for their reproduction, and other instruments for committing an administrative offense; for legal entities - from thirty thousand to forty thousand rubles with confiscation of counterfeit copies of works and phonograms, as well as materials and equipment used for their reproduction, and other instruments for committing an administrative offense.
2. Illegal use of an invention, utility model or industrial design, except for the cases provided for in Part 2 of Article 14.33 of this Code, disclosure without the consent of the author or applicant of the essence of the invention, utility model or industrial design before the official publication of information about them, appropriation of authorship or coercion co-authorship -
entails the imposition of an administrative fine on citizens in the amount of one thousand five hundred to two thousand rubles; for officials - from ten thousand to twenty thousand rubles; for legal entities - from thirty thousand to forty thousand rubles.
Article 7.13. Violation of requirements for the preservation, use and protection of cultural heritage sites (historical and cultural monuments) of federal significance, their territories and their protection zones
1. Violation of the requirements for the preservation, use and protection of cultural heritage objects (historical and cultural monuments) of federal significance included in the State Register of Cultural Heritage Objects (List of objects of historical and cultural heritage of federal (all-Russian) significance), their territories, as well as non-compliance with restrictions, installed in their protection zones, -
entails a warning or the imposition of an administrative fine on citizens in the amount of one thousand to one thousand five hundred rubles; for officials - from two thousand to three thousand rubles; for legal entities - from twenty thousand to thirty thousand rubles.
2. Actions (inaction) provided for in Part 1 of this article, committed in relation to especially valuable objects of cultural heritage of the peoples of the Russian Federation, objects of cultural heritage (historical and cultural monuments) included in the List of World Cultural and natural heritage, on their territories, on the territories of historical and cultural reserves (museum reserves) of federal significance, as well as in their protection zones, -
entail the imposition of an administrative fine on citizens in the amount of two thousand to two thousand five hundred rubles; for officials - from four thousand to five thousand rubles; for legal entities - from forty thousand to fifty thousand rubles.
3. Actions (inaction) provided for in Part 1 of this article, committed in relation to identified objects of cultural heritage or on their territories -
entail the imposition of an administrative fine on citizens in the amount of five hundred to one thousand rubles; for officials - from one thousand to two thousand rubles; for legal entities - from ten thousand to twenty thousand rubles.
Article 7.14. Carrying out excavation, construction and other work without permission government agency protection of cultural heritage sites
Carrying out excavation, construction, reclamation, economic and other work without permission from the state body for the protection of cultural heritage sites in cases where such permission is required -
shall entail the imposition of an administrative fine on citizens in the amount of one thousand to one thousand five hundred rubles; for officials - from two thousand to three thousand rubles; for legal entities - from twenty thousand to thirty thousand rubles.
Article 7.15. Conducting archaeological surveys or excavations without permission
1. Conducting archaeological surveys or excavations without a permit (open sheet) obtained in the prescribed manner or in violation of the conditions provided for by the permit (open sheet) -
shall entail the imposition of an administrative fine on citizens in the amount of one thousand five hundred to two thousand five hundred rubles with confiscation of items obtained as a result of excavations, as well as tools and equipment used for exploration or excavations; for officials - from four thousand to five thousand rubles with confiscation of objects obtained as a result of excavations, as well as tools and equipment used for exploration or excavations; for legal entities - from forty thousand to fifty thousand rubles with confiscation of items obtained as a result of excavations, as well as tools and equipment used for exploration or excavations.
2. Actions provided for in Part 1 of this article, which through negligence resulted in damage or destruction of an object of archaeological heritage, -
entail the imposition of an administrative fine on citizens in the amount of two thousand to two thousand five hundred rubles with confiscation of items obtained as a result of excavations, as well as tools and equipment used for exploration or excavations; for officials - from four thousand five hundred to five thousand rubles with confiscation of objects obtained as a result of excavations, as well as tools and equipment used for exploration or excavations; for legal entities - from fifty thousand to one hundred thousand rubles with confiscation of items obtained as a result of excavations, as well as tools and equipment used for exploration or excavations.
Article 7.16. Illegal provision of land plots from historical and cultural lands
Illegal provision of land plots from historical and cultural lands, illegal changes in the legal regime of land plots from historical and cultural lands -
Article 7.17. Destruction or damage to someone else's property
Intentional destruction or damage to someone else's property, if these actions did not cause significant damage, -
shall entail the imposition of an administrative fine in the amount of three hundred to five hundred rubles.
Article 7.18. Violation of storage, procurement or rational use grain and its processed products, rules for the production of grain processed products
Violation of the rules for storage, purchase or rational use of grain and its processed products, as well as the rules for the production of grain processed products (except for cases when such rules are contained in technical regulations) -
entails a warning or the imposition of an administrative fine on citizens in the amount of five hundred to one thousand rubles; for officials - from one thousand to two thousand rubles; for legal entities - from ten thousand to twenty thousand rubles.
Article 7.19. Unauthorized connection and use of electrical, thermal energy, oil or gas
Unauthorized connection to energy networks, oil pipelines, oil product pipelines and gas pipelines, as well as unauthorized (unaccounted for) use of electrical, thermal energy, oil, gas or oil products -
entails the imposition of an administrative fine on citizens in the amount of one thousand five hundred to two thousand rubles; for officials - from three thousand to four thousand rubles; for legal entities - from thirty thousand to forty thousand rubles.
Article 7.20. Unauthorized connection to centralized systems water supply and sanitation
Unauthorized connection to centralized water supply and sanitation systems -
shall entail the imposition of an administrative fine on citizens in the amount of one thousand to one thousand five hundred rubles; for officials - from two thousand to three thousand rubles; for legal entities - from twenty thousand to thirty thousand rubles.
Article 7.21. Violation of the rules for the use of residential premises
1. Damage to residential buildings, residential premises, as well as damage to their equipment, unauthorized reconstruction and (or) redevelopment of residential buildings and (or) residential premises, or using them for other purposes -
entails a warning or the imposition of an administrative fine on citizens in the amount of one thousand to one thousand five hundred rubles.
2. Unauthorized redevelopment of residential premises in apartment buildings -
shall entail the imposition of an administrative fine on citizens in the amount of two thousand to two thousand five hundred rubles.
Article 7.22. Violation of rules for the maintenance and repair of residential buildings and (or) residential premises
Violation by persons responsible for the maintenance of residential buildings and (or) residential premises of the rules for the maintenance and repair of residential buildings and (or) residential premises or the procedure and rules for recognizing them as unsuitable for permanent residence and transferring them to non-residential premises, as well as reconstruction and (or) redevelopment of residential buildings and (or) residential premises without the consent of the tenant (owner), if the redevelopment and (or) redevelopment significantly change the conditions of use residential building and (or) residential premises, -
shall entail the imposition of an administrative fine on officials in the amount of four thousand to five thousand rubles; for legal entities - from forty thousand to fifty thousand rubles.
Article 7.23. Violation of population provision standards utilities
Violation of the normative level or regime of provision of public utilities to the population -
shall entail the imposition of an administrative fine on officials in the amount of five hundred to one thousand rubles; for legal entities - from five thousand to ten thousand rubles.
Article 7.23.1. Violation of legal requirements on the disclosure of information by organizations operating in the field of management apartment buildings
(introduced by Federal Law dated December 6, 2011 N 403-FZ)
1. Violation by organizations and individual entrepreneurs operating in the field of management of apartment buildings on the basis of management contracts established by the information disclosure standard of the procedure, methods or deadlines for disclosure of information, or disclosure of information not in accordance with in full, or providing false information -
shall entail the imposition of an administrative fine on officials in the amount of thirty thousand to fifty thousand rubles; for legal entities and individual entrepreneurs- from two hundred fifty thousand to three hundred thousand rubles.
2. Commitment of an administrative offense provided for in Part 1 of this article by an official who was previously subjected to administrative punishment for a similar administrative offense -
entails disqualification for a period of one to three years.
Article 7.24. Violation of the procedure for disposing of a non-residential property located in federal ownership and using the specified facility
1. Disposal of a non-residential property located in federal ownership without the permission of a specially authorized federal executive body -
shall entail the imposition of an administrative fine on officials in the amount of four thousand to five thousand rubles.
2. Use of a federally owned non-residential property without properly executed documents or in violation established standards and rules for the operation and maintenance of non-residential facilities -
shall entail the imposition of an administrative fine on citizens in the amount of one thousand to one thousand five hundred rubles; for officials - from two thousand to three thousand rubles; for legal entities - from twenty thousand to thirty thousand rubles.
Article 7.25. Evasion of gratuitous transfer of copies of geodetic or cartographic materials and data to the State Cartographic and Geodetic Fund of the Russian Federation
Evasion of the gratuitous transfer of one copy of copies of geodetic or cartographic materials and data to the state cartographic and geodetic fund of the Russian Federation -
entails the imposition of an administrative fine on citizens in the amount of one hundred to three hundred rubles; for officials - from three hundred to five hundred rubles; for legal entities - from three thousand to five thousand rubles.
Article 7.26. Loss of materials and data from the State Cartographic and Geodetic Fund of the Russian Federation
Negligent storage by the user of materials and data of the State Cartographic and Geodetic Fund of the Russian Federation, resulting in the loss of such materials and data, -
entails the imposition of an administrative fine on citizens in the amount of three hundred to five hundred rubles; for officials - from five hundred to one thousand rubles.
Article 7.27. Petty theft
Petty theft of someone else's property by theft, fraud, misappropriation or embezzlement in the absence of signs of crimes provided for in parts two, three and four of Article 158, parts two and three of Article 159 and parts two and three of Article 160 of the Criminal Code of the Russian Federation -
shall entail the imposition of an administrative fine in the amount of up to five times the value of the stolen property, but not less than one thousand rubles, or administrative arrest for a term of up to fifteen days.
Note. Theft of someone else's property is considered petty if the value of the stolen property does not exceed one thousand rubles.
Article 7.27.1. Causing property damage by deception or breach of trust
(introduced by Federal Law dated December 7, 2011 N 420-FZ)
Causing property damage to the owner or other possessor of property by deception or abuse of trust in the absence of signs of a criminal offense -
shall entail the imposition of an administrative fine in the amount of up to five times the cost of the damage caused, but not less than five thousand rubles.
Article 7.28. Violation of the established procedure for patenting industrial property objects in foreign countries Oh
Violation of the established procedure for patenting industrial property objects in foreign countries -
entails the imposition of an administrative fine on citizens in the amount of one thousand to two thousand rubles; for legal entities - from fifty thousand to eighty thousand rubles.
Article 7.29. Failure to comply with the requirements of the law on placing orders for the supply of goods, performance of work, provision of services for the needs of customers when deciding on the method of placing an order for the supply of goods, performance of work, provision of services
1. Acceptance by an official of the customer, an official of a federal executive body, an executive body of a constituent entity of the Russian Federation, an authority local government, authorized in accordance with the Federal Law of July 21, 2005 N 94-FZ "On placing orders for the supply of goods, performance of work, provision of services for state and municipal needs" to perform the functions of placing orders for the supply of goods, performance of work, provision of services for the needs of customers (hereinafter in this article and Articles 7.30 - 7.32 of this Code - the authorized body), decisions on the method of placing an order for the supply of goods, performance of work, provision of services for the needs of customers (hereinafter in this article and Articles 7.30 - 7.32 of this Code also - placing an order) in violation of the requirements, established by legislation on placing orders for the supply of goods, performance of work, provision of services for state and municipal needs, -
shall entail the imposition of an administrative fine on officials in the amount of thirty thousand rubles.
2. The adoption by an official of the customer, an official of an authorized body of a decision to place an order in another way if the placement of such an order in accordance with the legislation of the Russian Federation on the placement of orders for the supply of goods, performance of work, provision of services for state and municipal needs must be carried out by conducting bidding, as well as making a decision to place an order in another way if the placement of such an order in accordance with the legislation on placing orders for the supply of goods, performance of work, provision of services for state and municipal needs must be carried out by bidding in the form of an auction, -
shall entail the imposition of an administrative fine on officials in the amount of fifty thousand rubles.
Article 7.30. Violation of the procedure for placing an order for the supply of goods, performance of work, provision of services for the needs of customers
1. Violation by an official of the customer, an official of an authorized body, legal entity attracted on the basis of a contract to carry out the functions of placing an order for the supply of goods, performance of work, provision of services for the needs of the customer through tendering (hereinafter referred to as a specialized organization), the terms of publication in the official printed edition or the timing of posting on the official website on the information and telecommunications network "Internet" (hereinafter referred to as the "Internet") information about placing an order through bidding, subject in accordance with the legislation of the Russian Federation on placing orders for the supply of goods, performance of work, provision of services for state and municipal needs such publication or such placement, for no more than two working days or violation of the deadlines for sending to the federal executive body authorized to exercise control in the field of procurement of invitations to take part in a closed tender or auction, protocols for opening envelopes with applications for participation in a closed competition, protocols for evaluating and comparing applications for participation in a closed competition, protocols for considering applications for participation in a closed auction, protocols for an auction for no more than two working days -
1.1. Violation by an official of the customer, an official of an authorized body, or a specialized organization of the deadlines for publication in an official printed publication or the deadlines for posting on the official website on the Internet information about placing an order through bidding, subject in accordance with the legislation of the Russian Federation on placing orders for the supply of goods , performance of work, provision of services for state and municipal needs, such publication or such placement, for more than two working days, or violation of the deadlines for sending invitations to take part in a closed competition or auction, protocols to the federal executive body authorized to exercise control in the field of procurement opening envelopes with applications for participation in a closed competition, protocols for evaluating and comparing applications for participation in a closed competition, protocols for considering applications for participation in a closed auction, minutes for an auction for more than two working days -
shall entail the imposition of an administrative fine on officials in the amount of thirty thousand rubles; for legal entities - one hundred thousand rubles.
1.2. Violation by an official of the customer, an official of an authorized body, or a specialized organization of the deadlines for publication in the official printed publication or the deadlines for posting on the official website on the Internet information about placing an order by requesting quotes, subject in accordance with the legislation of the Russian Federation on placing orders for the supply of goods , performance of work, provision of services for state and municipal needs to such publication or such placement, for no more than one working day -
shall entail the imposition of an administrative fine on officials in the amount of three thousand rubles; for legal entities - ten thousand rubles.
1.3. Violation by an official of the customer, an official of an authorized body, or a specialized organization of the deadlines for publication in the official printed publication or the deadlines for posting on the official website on the Internet information about placing an order by requesting quotes, subject in accordance with the legislation of the Russian Federation on placing orders for the supply of goods , performance of work, provision of services for state and municipal needs to such publication or such placement, for more than one working day -
1.4. Publication by an official of the customer, an official of an authorized body, a specialized organization in an official printed publication or placement on an official website on the Internet of information about placing an order, subject in accordance with the legislation of the Russian Federation on placing orders for the supply of goods, performance of work, provision of services for state and municipal needs such publication or such placement, in violation of the requirements of the legislation of the Russian Federation on placing orders for the supply of goods, performance of work, provision of services for state and municipal needs, or violation by these persons of the procedure for providing tender documentation or auction documentation, the procedure for explaining such documentation, the procedure for accepting applications for participation in a tender, applications for participation in an auction or applications for participation in a request for quotations -
shall entail the imposition of an administrative fine on officials in the amount of fifteen thousand rubles; for legal entities - fifty thousand rubles.
2. Violation by a member of the competition or unified commission of the procedure for opening envelopes with applications for participation in the competition for the right to conclude a contract for the supply of goods, performance of work, provision of services for the needs of the customer, the procedure for opening access to those submitted in the form electronic documents applications for participation in such a competition and the procedure for evaluating and comparing applications for participation in the competition, or violation by a member of the competition, auction or unified commission of the procedure for selecting participants in the competition or auction participants for the right to conclude a contract, including refusal of admission to participate in the competition or auction on grounds not provided for by the legislation of the Russian Federation on placing orders for the supply of goods, performance of work, provision of services for state and municipal needs, or violation of the auction procedure by a member of an auction or unified commission -
2.1. Violation by an official of the customer, a member of a tender, auction, quotation or unified commission provided for by the legislation of the Russian Federation on placing orders for the supply of goods, performance of work, provision of services for state and municipal needs of the requirements for the content of the protocol drawn up during the competition, auction, request for quotations , -
3. Failure to publish by an official of the customer, an official of an authorized body, a specialized organization, an official of a body authorized to maintain an official website on the Internet, the editorial office of an official printed publication providing services for maintaining the official website on the Internet and ensuring the functioning of such site by an organization or failure to post on the official website on the Internet information about the placement of orders, subject in accordance with the legislation on placing orders for the supply of goods, performance of work, provision of services for state and municipal needs to such publication or such placement -
shall entail the imposition of an administrative fine on officials in the amount of fifty thousand rubles; for legal entities - in the amount of five hundred thousand rubles.
4. Establishment by an official of the customer, an official of an authorized body of criteria for assessing applications for participation in the competition and (or) their significance, requirements for participants in placing orders not provided for by the legislation on placing orders for the supply of goods, performance of work, provision of services for state and municipal needs , to the amount of security for applications for participation in a competition or auction, the amount and methods of securing the execution of a contract, the submission by participants of the placement of an order as part of a quotation bid, an application for participation in a competition, an application for participation in an auction not provided for by the legislation on placing orders for the supply of goods, execution works, provision of services for state and municipal needs of documents and information, as well as inclusion in one lot of goods, works, services that are technologically and functionally unrelated to each other, -
entails the imposition of an administrative fine in the amount of 1 percent of the initial (maximum) contract price, but not less than five thousand rubles and not more than thirty thousand rubles.
4.1. Inclusion by an official of the customer, an official of an authorized body in the tender documentation, auction documentation or notice of a request for quotation indicating trademarks, service marks, trade names, patents, utility models, industrial designs, the name of the place of origin of the goods or the name of the manufacturer, and also requirements for goods, information, works, services, if such requirements entail a limitation on the number of participants in placing an order, -
entails the imposition of an administrative fine in the amount of 1 percent of the initial (maximum) contract price, but not less than ten thousand rubles and not more than fifty thousand rubles.
4.2. Approval of tender documentation, auction documentation that does not comply with the requirements provided for by the legislation of the Russian Federation on placing orders for the supply of goods, performance of work, provision of services for state and municipal needs -
shall entail the imposition of an administrative fine on officials in the amount of three thousand rubles.
5. Violation by an official of the body authorized to maintain an official website on the Internet, by the editors of an official printed publication providing services for servicing the official website on the Internet and ensuring the functioning of such a site by organizing the terms of publication in the official printed publication or the terms of placement on official website on the Internet of information on placing orders for the supply of goods, performance of work, provision of services for the needs of the customer, subject in accordance with the legislation on placing orders for the supply of goods, performance of work, provision of services for state and municipal needs to such publication or such placement, publication in an official printed publication or posting on an official website on the Internet of the specified information in violation of the requirements of the law on placing orders for the supply of goods, performance of work, provision of services for state and municipal needs -
shall entail the imposition of an administrative fine on officials in the amount of thirty thousand rubles; for legal entities - in the amount of one hundred thousand rubles.
6. Rejection by a member of the quotation or unified commission of a quotation application on grounds not provided for by the legislation on placing orders for the supply of goods, performance of work, provision of services for state and municipal needs, and (or) consideration of a quotation application, which, in accordance with the legislation on placing orders for the supply of goods, performance of work, provision of services for state and municipal needs must be rejected -
entails the imposition of an administrative fine in the amount of 5 percent of the initial (maximum) contract price.
7. The selection by a member of a competitive, auction, quotation or unified commission of a bidding winner, a winner in a request for quotations in violation of the requirements of the law on placing orders for the supply of goods, performance of work, provision of services for state and municipal needs -
8. Reduction by an official of the customer, an official of an authorized body, a member of a competition, auction, quotation or unified commission of the deadlines for filing applications for participation in a competition, applications for participation in an auction, quotation applications, except in cases where the legislation on placing orders for the supply of goods , performance of work, provision of services for state and municipal needs, it is allowed to reduce the specified deadlines, -
9. Violation by an official of a body authorized to maintain an official website on the Internet that provides services for maintaining the official website on the Internet and ensuring the functioning of such a site by organizing the procedure for using the official website on the Internet for posting information about placing orders for the supply of goods, performance of work, provision of services for the needs of customers and requirements for technological, software, linguistic, legal, organizational means of ensuring the use of the specified site -
shall entail the imposition of an administrative fine in the amount of ten thousand rubles.
10. Violation by a customer, an authorized body, or an operator of an electronic site of the procedure for conducting an open auction in electronic form, as well as violation by an operator of an electronic site of the procedure for accreditation of participants in placing an order -
11. Failure by an official of the customer to place orders for the supply of goods, performance of work, provision of services for the needs of customers from small businesses in the amount provided for by the legislation of the Russian Federation on placing orders for the supply of goods, performance of work, provision of services for state and municipal needs -
shall entail the imposition of an administrative fine in the amount of fifty thousand rubles.
12. Placement by an official of the customer of orders for the supply of goods, performance of work, provision of services for the needs of customers from small businesses in the amount of more than 20 percent of the total annual volume of supply of goods, performance of work, provision of services in accordance with the list of goods, work, services, established by the Government of the Russian Federation, through bidding, requesting quotations -
shall entail the imposition of an administrative fine in the amount of fifty thousand rubles.
13. Violation by a member of a competitive, auction, quotation or unified commission, an official of a customer, an official of an authorized body of the deadlines provided for by the legislation of the Russian Federation on placing orders for the supply of goods, performance of work, provision of services for state and municipal needs for signing protocols during a competition , auction, request for quotation, for no more than two working days -
shall entail the imposition of an administrative fine in the amount of three thousand rubles.
14. Violation by a member of a competitive, auction, quotation or unified commission, an official of a customer, an official of an authorized body of the deadlines provided for by the legislation of the Russian Federation on placing orders for the supply of goods, performance of work, provision of services for state and municipal needs for signing protocols during a competition , auction, request for quotation, more than two working days -
shall entail the imposition of an administrative fine in the amount of thirty thousand rubles.
Article 7.31. Providing, publishing or placing false information about placing orders for the supply of goods, performing work, providing services for the needs of customers, as well as sending false information, entering it into the register of contracts concluded as a result of placing orders, the register of unscrupulous suppliers
1. Provision, publication in an official printed publication or posting on an official website on the Internet by an official of the customer, an authorized body, a specialized organization, an official of a body authorized to maintain an official website on the Internet that provides services for maintaining the official website on the Internet and ensuring the functioning of such a site by organizing false information about placing orders for the supply of goods, performing work, providing services for the needs of customers, as well as sending false information by an official of the customer to the federal executive body, the executive body of the constituent entity of the Russian Federation, local government body authorized to maintain registers of contracts concluded based on the results of placing orders, and (or) to the federal executive body authorized to exercise control in the area of placing orders for the supply of goods, performance of work, provision of services for the needs of customers, or the introduction of official by a person of a federal executive body, an executive body of a constituent entity of the Russian Federation or a local government body authorized to maintain registers of contracts concluded as a result of placing orders, knowingly false information in the specified registers of contracts or a register of unscrupulous suppliers -
shall entail the imposition of an administrative fine on officials in the amount of fifty thousand rubles; for legal entities - in the amount of three hundred thousand rubles.
2. Entry by an official of the federal executive body authorized to exercise control in the area of placing orders for the supply of goods, performance of work, provision of services for the needs of the customer, of knowingly false information into the register of contracts concluded as a result of placing orders, or the register of unscrupulous suppliers -
shall entail the imposition of an administrative fine in the amount of fifty thousand rubles.
3. Violation by an official of a federal executive body, an executive body of a constituent entity of the Russian Federation, a local government body authorized to maintain registers of contracts concluded as a result of placing orders, of the procedure for maintaining registers of contracts -
shall entail the imposition of an administrative fine in the amount of ten thousand rubles.
Article 7.31.1. Violation of return deadlines Money, the procedure and (or) timing for blocking transactions on the account of a procurement participant, the procedure for maintaining the register of procurement participants, the rules of document flow when conducting an open auction in electronic form, disclosure by the operator of an electronic site, an official of the operator of an electronic site of information about the procurement participant before summing up the results open auction in electronic form
1. Violation by an official of the customer, an official of an authorized body, an operator of an electronic platform of the deadline for the return of funds deposited as security for an application for participation in a competition, auction, open auction in electronic form, established by the legislation of the Russian Federation on placing orders for the supply of goods, execution works, provision of services for state and municipal needs, for no more than three working days -
shall entail the imposition of an administrative fine on officials in the amount of five thousand rubles; for legal entities - thirty thousand rubles.
2. Violation by an official of the customer, an official of an authorized body, an operator of an electronic platform of the deadline for the return of funds deposited as security for an application for participation in a competition, auction, open auction in electronic form, established by the legislation of the Russian Federation on placing orders for the supply of goods, execution works, provision of services for state and municipal needs, for more than three working days -
shall entail the imposition of an administrative fine on officials in the amount of fifteen thousand rubles; for legal entities - ninety thousand rubles.
3. Violation by an operator of an electronic platform of the procedure and (or) terms for blocking, termination of blocking of transactions on the account of a participant in placing an order for carrying out operations to ensure participation in open auctions in electronic form -
4. Violation by an operator of an electronic site of the procedure for maintaining the register of participants in the placement of an order who have received accreditation on an electronic site -
shall entail the imposition of an administrative fine in the amount of fifteen thousand rubles.
5. Violation by the operator of the electronic site of the rules of document flow when conducting an open auction in electronic form, as well as the procedure and (or) terms for placement, sending of information and (or) notifications, draft contracts established by the legislation of the Russian Federation on placing orders for the supply of goods, performance of work , provision of services for state and municipal needs, -
shall entail the imposition of an administrative fine in the amount of thirty thousand rubles.
6. Disclosure by an operator of an electronic platform, an official of an operator of an electronic platform of information about a participant in placing an order before summing up the results of an open auction in electronic form -
shall entail the imposition of an administrative fine on officials in the amount of fifty thousand rubles; for legal entities - two hundred and fifty thousand rubles.
Article 7.32. Violation of the terms of the contract for the supply of goods, performance of work, provision of services for the needs of customers in accordance with the legislation of the Russian Federation on placing orders for the supply of goods, performance of work, provision of services for state and municipal needs
1. Conclusion of a contract for the supply of goods, performance of work, provision of services for the needs of customers based on the results of bidding or requesting price quotes for goods, work, services in violation of the announced conditions of bidding or request for price quotes for goods, work, services or terms of execution of the contract proposed by a person with whom, in accordance with the legislation of the Russian Federation on placing orders for the supply of goods, performance of work, provision of services for state and municipal needs, a contract is concluded -
shall entail the imposition of an administrative fine on officials in the amount of 1 percent of the initial (maximum) contract price, but not less than five thousand rubles and not more than thirty thousand rubles.
1.1. Conclusion of a contract for the supply of goods, performance of work, provision of services for the needs of customers based on the results of bidding or requesting price quotes for goods, work, services in violation of the announced conditions of bidding or request for price quotes for goods, work, services or terms of execution of the contract proposed a person with whom, in accordance with the legislation of the Russian Federation on placing orders for the supply of goods, performance of work, provision of services for state and municipal needs, a contract is concluded, if such a violation led to additional expenditure of funds from the relevant budgets budget system of the Russian Federation or a decrease in the number of goods supplied, the volume of work performed, services provided for the needs of customers -
1.2. Violation by an official of the customer of the terms of concluding a contract for the supply of goods, performance of work, provision of services for the needs of customers, as well as evasion of an official of the customer from concluding a contract for the supply of goods, performance of work, provision of services for the needs of customers -
shall entail the imposition of an administrative fine in the amount of fifty thousand rubles.
2. Changing the terms of the contract for the supply of goods, performance of work, provision of services for the needs of customers, including an increase in the price of goods, work, services, if the possibility of changing the terms of the contract is not provided federal law, -
shall entail the imposition of an administrative fine on officials in the amount of twenty thousand rubles.
3. Changing the terms of the contract for the supply of goods, performance of work, provision of services for the needs of customers, including an increase in the price of goods, work, services, if the possibility of changing the terms of the contract is not provided for by federal law and such a change led to additional expenditure of funds from the relevant budgets of the budget system of the Russian Federation or a decrease in the number of goods supplied, the volume of work performed, services provided for the needs of customers -
shall entail the imposition of an administrative fine on officials, legal entities in the amount of two times the amount of additionally spent funds from the relevant budgets of the budget system of the Russian Federation or the cost of goods, works, services, the quantity, volume of which has been reduced and which were the subjects of an administrative offense.
Article 7.33. Evasion of transfer of findings discovered as a result of archaeological field work cultural property for permanent storage in the state part of the Museum Fund of the Russian Federation
Evasion from transferring cultural values discovered as a result of archaeological field work (including anthropogenic, anthropological, paleozoological, paleobotanical and other objects of historical and cultural value) for permanent storage to the state part of the Museum Fund of the Russian Federation -
shall entail the imposition of an administrative fine on citizens in the amount of one thousand five hundred to two thousand five hundred rubles; for officials - from three thousand to four thousand rubles; for legal entities - from thirty thousand to forty thousand rubles.
The type of object is the form of ownership in which the property is located: state, municipal, private. In addition, additional forms are distinguished: property of public and religious associations, foundations, property of foreign states and international organizations, mixed forms of ownership.
The subject of administrative offenses in the field of property protection are things and results intellectual activity.
Things are understood as objects that have a material substance and have consumer value. They can be of two types - immovable and movable. TO immovable things(real estate) include land, subsoil areas, isolated water bodies, aircraft and sea vessels, inland navigation vessels, space objects. The law may classify other property as immovable property. Things that are not related to real estate are recognized as movable property.
The results of intellectual activity belong to the category of intangible property. The appropriation of the results of intellectual activity, their use for generating income without the permission of the copyright holder is covered by the administrative offense provided for in Art. 7.12 Code of Administrative Offenses of the Russian Federation.
It should be noted that the specified chapter of the Code of Administrative Offenses of the Russian Federation included offenses that have several objects of encroachment. Such offenses are called multi-objective. Additional objects include land relations, relations in the field of construction, geodesy, water supply, use of subsoil, wildlife, protection of cultural objects and archaeological heritage.
The objective side of an administrative offense in the field of property protection is an act that is expressed, as a rule, in the form of an action (theft, taking, destruction, illegal use, etc.) However, some offenses are committed in the form of inaction, evasion of obligations (Article .Article 7.13, 7.22, 7.23, 7.25, 7.26, 7.29, 7.30 Code of Administrative Offenses of the Russian Federation).
The elements of administrative offenses in the field of property protection are characterized by the fact that many of them are material, that is, associated with causing property (material) damage. Such harm may be expressed in the form of expenses that the owner must incur to restore property due to their damage or destruction; direct deprivation of the owner of certain objects, as well as lost profits, i.e. non-receipt of income by the owner. The amount of damage caused for some administrative offenses is a sign that distinguishes the offense from a crime (petty theft, destruction or damage to someone else’s property). Thus, petty theft is an act in which the value of the stolen property does not exceed one thousand rubles. Otherwise, liability must arise according to Art. 158, 159 and 160 of the Criminal Code of the Russian Federation. Criminal liability also arises in cases of theft in the presence of aggravating features provided for in the above-mentioned norms of the Criminal Code of the Russian Federation, regardless of the amount of damage caused. Acts related to the destruction or damage of property may be classified as administratively punishable, provided that the damage caused does not exceed two thousand five hundred rubles. Otherwise, liability arises under Art. 167 or under Art. 168 of the Criminal Code of the Russian Federation.
The sign of the amount of damage caused should also be taken into account when qualifying actions as an administrative offense in case of violations of the rules for the protection and use of subsoil, the regime of specially protected natural areas and objects, cultural and historical heritage, copyright and related rights and a number of others.
However, it should be noted that some of the administrative offenses, structurally located in Chapter 7 of the Code of Administrative Offenses of the Russian Federation, have a formal composition, for which causing real damage is not a qualifying feature. This applies, for example, to the offenses provided for in Art. 7.10 7.16. 7.25 of the Code of Administrative Offenses of the Russian Federation and other articles, where, along with the relations of preservation of property, other generic objects are objects of encroachment, and causing damage to the owner does not exhaust all the negative consequences of the offenses committed.
The subjects of administrative offenses in the field of property protection are the following three categories:
1) citizens, including Foreign citizens and stateless persons who have reached the age of administrative responsibility and are sane. A number of offenses can only be committed by citizens. Such offenses include offenses under Art. 7.17 (destruction or damage to someone else’s property), Art. 7.21 (violation of the rules for the use of residential premises), Art. 7.27 (petty theft in the form of theft and fraud).
2) officials who may be held accountable for committing unlawful acts in connection with failure to perform or improper performance of their official duties. For a number of articles of the Code of Administrative Offenses of the Russian Federation, the subjects are exclusively officials: Art. 7.16 (illegal allotment of land plots on specially protected lands of historical and cultural significance), Art. 7.24 (violation of the procedure for disposing of a non-residential property located in federal ownership and using the specified facility), Art. 7.26 (loss of materials and data from the State Cartographic and Geodetic Fund of the Russian Federation), Art. 7.29 (failure to comply with the requirements of the law on placing orders for the supply of goods, performance of work, provision of services for state and municipal needs when deciding on the method of placing an order for the supply of goods, performance of work, provision of services for state or municipal needs), Art. 7.30 (violation of the procedure for placing an order for the supply of goods, performance of work, provision of services for state or municipal needs), Art. 7.31 (providing, publishing or placing false information about placing orders for the supply of goods, performing work, providing services for state or municipal needs, as well as sending false information, entering them into the register of state or municipal contracts concluded as a result of placing orders, the register of dishonest suppliers), art. 7.31.1 (violation of the deadlines for the return of funds, the procedure and (or) terms for blocking transactions on the account of a procurement participant, the procedure for maintaining the register of procurement participants, the rules of document flow during an open auction in electronic form, disclosure by an operator of an electronic platform, an official of an operator of an electronic platform for information about the ordering participant before summing up the results of the open auction in electronic form).
3) legal entities that are liable under Art. 7.22 (violation of the rules for the maintenance and repair of residential buildings and residential premises) and Art. 7.23 (violation of standards for providing the population with public utilities).
In other cases, the subjects of offenses against property are both citizens and officials and legal entities.
From the subjective side, offenses against property are mostly acts committed intentionally. The guilty person must be aware of the illegal nature of his actions or inaction and anticipate them harmful effects, but, despite this, he strives to carry out such behavior, wanting to obtain for himself certain property benefits, corresponding material benefits.
Some offenses are committed for selfish purposes (petty theft, use natural objects without permission (license), unauthorized connection to energy networks, oil pipelines, gas pipelines, etc.). In this case, the offender receives illegal material (monetary) benefits, and the state and other owners suffer damage by losing or receiving less than a certain amount of property (monetary) values.
A certain category of property offenses is committed through negligence. In this case, harm to the owner is caused as a result of the negligence of the guilty person, when this damage is not foreseen, but should have been foreseen, or is foreseen, but the subject frivolously expects to prevent it, to prevent it. These are all kinds of cases of damage, destruction or deterioration of natural objects, as well as dishonest attitude towards the safety (saving) of property.
For the commission of administrative offenses in the field of property protection, sanctions are provided in the form of an administrative fine, and the amount of the fine can be expressed as a multiple of:
1) the cost of the subject of the administrative offense at the time of completion or suppression of the administrative offense;
2) the initial (maximum) price of a state or municipal contract when placing an order for the supply of goods, performance of work, provision of services for state or municipal needs.
Thus, petty theft (Article 7.27 of the Code of Administrative Offenses of the Russian Federation) entails the imposition of an administrative fine in the amount of up to five times the value of the stolen property, but not less than one thousand rubles; violation of the procedure for placing an order for the supply of goods, performance of work, provision of services for state or municipal needs (Article 7.30) entails the imposition of an administrative fine in the amount of 1 percent of the initial (maximum) contract price, but not less than five thousand rubles and not more than thirty thousand rubles ; for committing an offense under Part 1.1 of Art. 7.32 provides for the imposition of an administrative fine in the amount of twice the amount of additionally spent funds from the relevant budgets of the budget system of the Russian Federation or the cost of goods, works, services, the quantity, the volume of which was reduced and which were the subjects of an administrative offense.
In addition, Art. 7.12 Code of Administrative Offenses of the Russian Federation (violation of copyright and related rights, inventive and patent rights) and Art. 7.15 of the Code of Administrative Offenses of the Russian Federation (conducting archaeological exploration or excavations without permission) provides for the confiscation of property that was the subject of an offense. For committing petty theft of someone else's property (Article 7.27 of the Code of Administrative Offenses of the Russian Federation), administrative arrest may be imposed for up to 15 days, and under Part 4 of Art. 7.2 of the Code of Administrative Offenses of the Russian Federation (destruction of special signs) as an alternative punishment - a warning.
Officials of internal affairs bodies (police) have the right only to draw up protocols on administrative offenses provided for in the following articles of the Code of Administrative Offenses of the Russian Federation: 5.6, 5.10-5.12, 5.14-5.16, 5.22, 5.35-5.38, 5.40, 5.43, 5.47, 5.49, 6.8-6.13, 6.15, 6.16, 7.1, Article 7.2 (in terms of destruction or damage to wells of the state reference observation network, observation regime sites on water bodies, special information signs defining the boundaries of coastal protective strips and water protection zones of water bodies, including coastal strips of internal sea waters and the territorial sea of the Russian Federation, signs informing citizens about restrictions on water use on public water bodies), Articles 7.3-7.6, Article 7.7 (regarding damage to facilities and water supply systems), Articles 7.9, 7.11-7.15, 7.17, 7.19, Article 7.20 (in terms of unauthorized connection to centralized water supply systems), Article 7.27 of the Code of Administrative Offenses of the Russian Federation.
Related information.
Full text of Art. 4.7 Code of Administrative Offenses of the Russian Federation with comments. New current edition with additions for 2019. Legal advice on Article 4.7 of the Code of Administrative Offenses of the Russian Federation.
1. A judge, when considering a case of an administrative offense, has the right, in the absence of a dispute about compensation for property damage, simultaneously with the imposition of an administrative penalty, to resolve the issue of compensation for property damage.
Disputes regarding compensation for property damage are resolved by the court in civil proceedings.
2. In a case of an administrative offense considered by another authorized body or official, the dispute over compensation for property damage is resolved by the court in civil proceedings.
3. Disputes regarding compensation for moral damage caused by an administrative offense are considered by the court in civil proceedings.
Commentary on Article 4.7 of the Code of Administrative Offenses of the Russian Federation
1. An administrative offense may be accompanied by the infliction of property damage to a citizen, enterprise, institution or organization. Such damage is subject to compensation in established by law ok. Compensation for property damage is one of the methods of protection civil rights.
According to Civil Code of the Russian Federation, the protection of violated or disputed civil rights is carried out by the court, arbitration court or arbitration court. In cases provided for by law, the protection of civil rights is carried out in administrative procedure. In this case, a decision made in administrative proceedings can be appealed to the court (Article 11).
A claim for damages may be made by any individual or legal entity. To recognize the right of a person to submit an application for compensation for damage, a special resolution is not required.
It follows from the content of Part 1 of this article that a judge, when considering a case of an administrative offense and making a decision on the administrative penalty, can simultaneously decide on compensation for property damage. However, it is not limited to the amount of damage. However, the decision is only permissible if there is no dispute about damages. In addition, the commented article interprets this as a right, but not an obligation, of a judge. The resolution on a specific case of an administrative offense indicates the amount of damage to be compensated, the timing and procedure for its compensation (Part 2 of Article 29.10). If there is a dispute about property damage, such a dispute is considered through civil proceedings.
2. Part 2 of the commented article provides for the resolution of a dispute regarding compensation for property damage exclusively through civil proceedings in the event that the case of an administrative offense is considered not by a judge, but by other authorized bodies or officials.
The provisions of the commented article are based on the requirements of the Constitution of the Russian Federation on equal protection of all forms of property, that no one can be deprived of their property except by a court decision (Part 2 of Article 8, Part 3 of Article 35).
A decision on the issue of damage is made only in cases where a decision is made on administrative punishment. In cases where the case is terminated by the proceedings, the issue of compensation for damage is not considered.
3. For the first time, the Code regulates the issue of compensation for moral damage caused to a person by an administrative offense, referring to the procedure provided for by civil procedural legislation. The Civil Code of the Russian Federation (ogkrf.ru) defines moral harm as physical or moral suffering caused to a citizen by actions that violate his personal non-property rights or encroach on other intangible benefits, as well as in other cases provided for by law (Article 151). Compensation for moral damage is carried out in in cash and regardless of the property damage subject to compensation. The amount of compensation is determined by the court depending on the nature of the physical and moral suffering caused to the victim, as well as the degree of guilt of the harm-doer in cases where guilt is the basis for compensation for harm. When determining the amount of compensation for damage, the requirements of reasonableness and fairness must be taken into account (
