Code of the Russian Federation on Administrative Offenses. Theory of everything Characteristics of chapter 16 of the Code of Administrative Offenses of the Russian Federation

26.05.2020

Illegal movement of goods and (or) vehicles across the customs border Russian Federation

Notes:

Article 16.2

Article 16.3

Article 16.4

Article 16.5

Article 16.6

Article 16.7

shall entail the imposition of an administrative fine on citizens in the amount of fifteen to twenty five minimum dimensions wages with confiscation of goods and (or) vehicles that were the subjects of an administrative offense, or without it, or confiscation of the subjects of an administrative offense; on officials- from one hundred to two hundred minimum wages; on legal entities- from one thousand to three thousand minimum wages with or without confiscation of goods and (or) vehicles that were the subjects of an administrative offense, or confiscation of subjects of an administrative offense.

Article 16.8

Article 16.9

shall entail the imposition of an administrative fine on citizens in the amount of from three to five times the minimum wage; for officials - from five to ten times the minimum wage; for legal entities - from fifty to one hundred times the minimum wage.

Article 16.10

entails a warning or the imposition of an administrative fine on citizens in the amount of from three to five times the minimum wage; for officials - from five to ten times the minimum wage; for legal entities - from fifty to one hundred times the minimum wage.

Article 16.11

Article 16.12

Article 16.13

shall entail the imposition of an administrative fine on citizens in the amount of from five to ten times the minimum wage; for officials - from ten to twenty times the minimum wage; for legal entities - from one hundred to two hundred times the minimum wage.

Article 16.14

Article 16.15

Article 16.16

Article 16.17

Article 16.18

Article 16.19

Article 16.20

Article 16.21

Article 16.22

Article 16.23

shall entail the imposition of an administrative fine on citizens in the amount of from fifteen to twenty five times the minimum wage; on officials - from twenty to fifty times the minimum wage; for legal entities - from one hundred to five hundred times the minimum wage.

2. Carrying out activities as customs carriers, owners of temporary storage warehouses or owners of customs warehouses by persons included in the relevant register on the basis of invalid documents or excluded from the registers of persons carrying out activities in the field of customs affairs, except for cases where the implementation of such activities is associated with completion of customs operations, the obligation to perform which arose before the removal of a person from the relevant register -

shall entail the imposition of an administrative fine on officials in the amount of from twenty to fifty times the minimum wage; for legal entities - from one hundred to five hundred times the minimum wage.

3. Failure to notify or violation of the deadline for notifying a customs authority of a change in the information specified in an application for inclusion in the registers of persons exercising activities in the area of customs affairs, -

entails a warning or the imposition of an administrative fine on officials in the amount of from one to five times the minimum wage; for legal entities - from twenty to one hundred times the minimum wage.

1. Violation of the procedure for the arrival of goods and (or) vehicles into the customs territory of the Russian Federation by importing them in addition to checkpoints across the State Border of the Russian Federation or other established places of arrival or outside the opening hours of customs authorities, as well as committing actions directly aimed at the actual crossing of the customs border of the Russian Federation with goods and (or) vehicles upon their departure from the customs territory of the Russian Federation in addition to checkpoints across the State Border of the Russian Federation or other places established in accordance with the legislation of the Russian Federation on the State Border of the Russian Federation, or outside the working hours of customs authorities or without the permission of the customs authority, -

entails the imposition of an administrative fine on citizens and legal entities in the amount of one second to three times the cost of goods and (or) vehicles that are the subjects of an administrative offense, with or without their confiscation or confiscation of the subjects of an administrative offense; on officials - from one hundred to two hundred times the minimum wage.

2. Concealment of goods from customs control by using caches or other methods that make it difficult to detect goods, or by making some goods look like others when they are moved across the customs border of the Russian Federation -

shall entail the imposition of an administrative fine on citizens and legal entities in the amount of one second to three times the value of the goods that were the subjects of an administrative offense, with or without their confiscation and the confiscation of goods and (or) vehicles that were the instruments of an administrative offense, or the confiscation of items administrative offense; on officials - from one hundred to two hundred times the minimum wage.

3. Notifying the customs authority of false information about the number of packages, their marking, the name, weight and (or) volume of goods upon arrival in the customs territory of the Russian Federation or upon departure from the customs territory of the Russian Federation of goods and (or) vehicles, or to obtain permission for internal customs transit or to complete it, or when placing goods in a temporary storage warehouse by submitting invalid documents, as well as using for these purposes a fake identification tool or a genuine identification tool related to other goods and (or) vehicles , -

shall entail the imposition of an administrative fine on citizens in the amount of from ten to twenty-five times the minimum wage with or without confiscation of the goods that were the subjects of the administrative offense, or confiscation of the subjects of the administrative offence; on officials - from fifty to one hundred times the minimum wage; on legal entities - from five hundred to one thousand times the minimum wage with or without confiscation of goods that were the subjects of an administrative offense, or confiscation of the subjects of an administrative offense.

Notes:

1. For the administrative offenses provided for by this chapter, persons engaged in entrepreneurial activities without forming a legal entity shall bear administrative responsibility as legal entities.

2. For the purposes of this chapter, invalid documents are understood to be counterfeit documents, documents obtained illegally, documents containing false information, documents related to other goods and (or) vehicles, and other documents that have no legal force.

Article 16.2. Failure to declare or false declaration of goods and (or) vehicles

1. Non-declaration in the established form (oral, written or electronic) of goods and (or) vehicles subject to declaration, except for the cases provided for in Article 16.4 of this Code -

entails the imposition of an administrative fine on citizens and legal entities in the amount of one half to two times the cost of goods and (or) vehicles that are the subjects of an administrative offense, with or without their confiscation or confiscation of the subjects of an administrative offense; on officials - from one hundred to two hundred times the minimum wage.

2. Statement by the declarant or customs broker (representative) when declaring goods and (or) vehicles of false information about goods and (or) vehicles, if such information served as the basis for exemption from payment customs duties, taxes or to reduce their amount, -

entails the imposition of an administrative fine on citizens and legal entities in the amount of one second to two times the amount of unpaid customs duties, taxes with or without confiscation of goods and (or) vehicles that were the subjects of an administrative offense, or confiscation of the subjects of an administrative offense; on officials - from one hundred to two hundred times the minimum wage.

3. Statement by the declarant or customs broker (representative) when declaring goods and (or) vehicles of false information about goods and (or) vehicles, as well as the submission of invalid documents, if such information and documents could serve as a basis for non-application of prohibitions and (or) ) restrictions established in accordance with the legislation of the Russian Federation on state regulation foreign trade activity, -

shall entail the imposition of an administrative fine on citizens in the amount of from fifteen to twenty-five times the minimum wage with or without confiscation of goods and (or) vehicles that are the subjects of an administrative offense, or confiscation of the subjects of an administrative offense; on officials - from one hundred to two hundred times the minimum wage; on legal entities - from one thousand to three thousand times the minimum wage with or without confiscation of goods and (or) vehicles that were the subjects of an administrative offense, or confiscation of the subjects of an administrative offense.

Article 16.3. Failure to comply with prohibitions and (or) restrictions on the import of goods into the customs territory of the Russian Federation and (or) the export of goods from the customs territory of the Russian Federation

1. Failure to comply with prohibitions and (or) restrictions on the import of goods into the customs territory of the Russian Federation and (or) export of goods from the customs territory of the Russian Federation, established in accordance with the legislation of the Russian Federation on the state regulation of foreign trade activities and not bearing an economic nature, except for cases, provided for by paragraph 3 of Article 16.2 of this Code, -

2. Failure to comply with the prohibitions and (or) restrictions of an economic nature established in accordance with the legislation of the Russian Federation on the state regulation of foreign trade activities on the import of goods into the customs territory of the Russian Federation and (or) the export of goods from the customs territory of the Russian Federation, except for the cases provided for by Part 3 Article 16.2 of this Code, -

shall entail the imposition of an administrative fine on citizens in the amount of from ten to twenty times the minimum wage with or without confiscation of goods and (or) vehicles that are the subjects of an administrative offense, or confiscation of the subjects of an administrative offense; on officials - from fifty to one hundred times the minimum wage; on legal entities - from five hundred to one thousand times the minimum wage with or without confiscation of goods and (or) vehicles that were the subjects of an administrative offense, or confiscation of the subjects of an administrative offense.

Article 16.4. Failure to declare or false declaration by individuals of foreign currency or the currency of the Russian Federation

Non-declaration or false declaration individuals foreign currency or the currency of the Russian Federation, moved across the customs border of the Russian Federation and subject to mandatory written declaration -

shall entail the imposition of an administrative fine on citizens in the amount of from ten to twenty-five times the minimum wage.

Article 16.5. Violation of the regime of the customs control zone

Movement of goods and (or) vehicles or persons, including officials government agencies, with the exception of officials of the customs authorities, through the borders of the customs control zone or within it, or the implementation of production or other commercial activities without the permission of the customs body, if such permission is obligatory, -

Article 16.6. Failure to take action in the event of an accident or force majeure

1. Non-acceptance by the carrier in the event of an accident or force majeure or the occurrence of other circumstances that prevent the delivery of goods and (or) vehicles to the place of arrival, the stopping or landing of a sea (river) or aircraft in designated places or the transportation of goods in accordance with internal customs transit or international customs transit, measures to ensure the safety of goods and (or) vehicles, with the exception of cases of destruction or loss of goods and (or) vehicles due to circumstances that the carrier could not prevent and the elimination of which did not depend on him -

shall entail the imposition of an administrative fine on citizens in the amount of from fifteen to twenty times the minimum wage; on officials - from thirty to forty times the minimum wage; for legal entities - from three hundred to four hundred times the minimum wage.

2. Failure by the carrier to report to the nearest customs authority about an accident or force majeure or the occurrence of other circumstances that prevent the delivery of goods and (or) vehicles to the place of arrival, stopping or landing of a sea (river) or aircraft in specified places or transportation goods in accordance with internal customs transit or international customs transit, about the location of goods and (or) vehicles or failure to ensure the transportation of goods and (or) vehicles to the nearest customs authority or to another place indicated by the customs authority -

Article 16.7. Submission of invalid documents during customs clearance

Submission by the declarant or other person to the customs broker (representative) or other person of documents for submission to the customs authority during the customs clearance of goods and (or) vehicles, resulting in the notification (application) to the customs authority by the customs broker (representative) or other person of false information about goods and (or) vehicles, -

Article 16.8. Mooring to a ship or other floating craft under customs control

Mooring to a ship or other floating craft under customs control, except for cases where such mooring is allowed, -

Article 16.9. Non-delivery, issue (transfer) without the permission of the customs authority or loss of goods or documents for them

1. Non-delivery of goods transported in accordance with internal customs transit or placed under the customs regime of international customs transit to the place of delivery, as well as release (transfer) without the permission of the customs authority or loss of goods having the status of being in temporary storage, placed under the customs regime international customs transit or stored in a customs warehouse or free warehouse, -

shall entail the imposition of an administrative fine on citizens in the amount of from fifteen to twenty-five times the minimum wage with or without confiscation of goods that are the subjects of an administrative offense; on officials - from one hundred to two hundred times the minimum wage; on legal entities - from three thousand to five thousand times the minimum wage with or without confiscation of goods that were the subjects of an administrative offense.

2. Non-delivery of documents for goods transported in accordance with internal customs transit or placed under the customs regime of international customs transit to the place of delivery -

Article 16.10. Failure to comply with the procedure for internal customs transit or the customs regime of international customs transit

Non-compliance by the carrier with the period of internal customs transit or international customs transit established by the customs authority, or the route for the carriage of goods determined by the customs authority, as well as the delivery of goods to a customs control zone other than that determined by the customs authority as the place of delivery, -

Article 16.11. Destruction, damage, removal, alteration or replacement of means of identification

Destruction, removal, alteration or replacement of means of identification used by a customs body, without the permission of a customs body, as well as damage or loss of such means of identification -

shall entail the imposition of an administrative fine on citizens in the amount of from three to ten times the minimum wage; for officials - from five to twenty times the minimum wage; for legal entities - from fifty to two hundred times the minimum wage.

Article 16.12. Failure to comply with the deadlines for filing a customs declaration or submitting documents and information

1. Failure to comply with the established deadlines for filing a complete customs declaration in case of periodic temporary declaring or customs declaration and (or) required documents and information upon release of goods prior to filing a customs declaration -

shall entail the imposition of an administrative fine on officials in the amount of from thirty to fifty times the minimum wage; for legal entities - from one hundred to five hundred times the minimum wage.

2. Submission of a customs declaration in violation of the established terms in cases where the declaration is carried out after the actual export of goods, -

shall entail the imposition of an administrative fine on officials in the amount of from fifty to one hundred times the minimum wage; for legal entities - from five hundred to one thousand times the minimum wage.

3. Non-submission within the established period of documents confirming the information declared in the customs declaration, if such documents were not submitted simultaneously with the customs declaration, or missing information in case of submission of an incomplete customs declaration, or documents requested by the customs authority during customs control in order to verify the authenticity information declared in the customs declaration and other customs documents -

shall entail the imposition of an administrative fine on officials in the amount of from twenty to fifty times the minimum wage; for legal entities - from five hundred to one thousand times the minimum wage.

Article 16.13. Carrying out cargo and (or) other operations without the permission of the customs authority

1 Unloading, loading, unloading, reloading (transshipment) and other cargo operations, acceptance for transportation of goods under customs control, taking samples and specimens of such goods or opening premises or other places where these goods may be located, without the permission of the customs authority in cases if such permission is required, -

2. Unloading goods, the import of which into the Russian Federation is prohibited in accordance with the legislation of the Russian Federation -

shall entail the imposition of an administrative fine on citizens in the amount of from fifteen to twenty five times the minimum wage; on officials - from fifty to two hundred times the minimum wage; for legal entities - from five hundred to one thousand times the minimum wage.

3. Failure to notify a customs authority of the reloading of goods under customs control, where such notification is mandatory, -

Article 16.14. Violation of the procedure for placing goods in storage, the procedure for their storage or the procedure for performing operations with them

Violation of the established requirements and conditions for placing goods in a customs warehouse, temporary storage warehouse, free warehouse or warehouse of the recipient of goods or the procedure for their storage, as well as performing operations with them or with goods that have the status of being in temporary storage, entailing a change in the state of such goods or violation of their packaging and (or) change of imposed means of identification, without the permission of the customs authority in cases where such permission is mandatory, except for the cases provided for by other articles of this Chapter, -

shall entail the imposition of an administrative fine on citizens in the amount of from five to fifteen times the minimum wage; on officials - from twenty to one hundred times the minimum wage; for legal entities - from fifty to two hundred times the minimum wage.

Article 16.15. Failure to submit reports to the customs authority

Failure to submit reports to the customs authority within the established time limit in cases stipulated by the customs legislation of the Russian Federation, as well as submission of reports containing false information -

shall entail a warning or the imposition of an administrative fine on officials in the amount of from twenty to fifty times the minimum wage; for legal entities - from two hundred to five hundred times the minimum wage.

Article 16.16. Violation of the terms of temporary storage of goods

Violation of terms of temporary storage of goods -

shall entail the imposition of an administrative fine on citizens in the amount of from fifteen to twenty five times the minimum wage; on officials - from one hundred to two hundred times the minimum wage; on legal entities - from five hundred to one thousand times the minimum wage with or without confiscation of goods that were the subjects of an administrative offense.

Article 16.17. Submission of invalid documents for the release of goods before filing a customs declaration

Submission of invalid documents for the release of goods prior to the filing of a customs declaration, if the information contained in such documents influences the adoption by the customs body of a decision on the release of goods prior to the filing of a customs declaration -

shall entail the imposition of an administrative fine on officials in the amount of from one hundred to two hundred times the minimum wage; for legal entities - from five hundred to one thousand times the minimum wage

Article 16.18. Non-export or failure to re-import goods and (or) vehicles by individuals

1. Non-exportation from the customs territory of the Russian Federation by natural persons of temporarily imported goods and (or) means of transport within the established terms of temporary import -

2. Failure by individuals to re-import into the customs territory of the Russian Federation temporarily exported goods subject to mandatory re-import in accordance with the legislation of the Russian Federation -

entails the imposition of an administrative fine on citizens in the amount of the value of the goods that were the subjects of the administrative offence.

Article 16.19. Non-compliance with the customs regime

1. Non-compliance with the conditions for placing goods and (or) vehicles under the customs regime, the content of which provides for full or partial exemption from customs duties and taxes or the return of amounts paid and (or) non-application of prohibitions and (or) restrictions of an economic nature established in accordance with with the legislation of the Russian Federation on state regulation of foreign trade activities, by declaring false information about goods and (or) vehicles, as well as by submitting invalid documents, if such information and documents could serve as a basis for placing goods and (or) vehicles under specified customs regime, -

shall entail the imposition of an administrative fine on citizens in the amount of from fifteen to twenty-five times the minimum wage with or without confiscation of goods and (or) vehicles that are the subjects of an administrative offense, or confiscation of the subjects of an administrative offense; on officials - from fifty to two hundred times the minimum wage; on legal entities - from one thousand to five thousand times the minimum wage with or without confiscation of goods and (or) vehicles that were the subjects of an administrative offense, or confiscation of the subjects of an administrative offense.

2. The use or disposal of goods and (or) vehicles in violation of the customs regime under which they are placed, including the transfer of the right to use the customs regime by transferring the rights of possession, use or disposal in respect of goods and (or) vehicles, if this is allowed in accordance with the customs regime, to another person without the permission or written notification of the customs authority, -

shall entail the imposition of an administrative fine on citizens in the amount of from fifteen to twenty-five times the minimum wage with or without confiscation of goods and (or) vehicles that are the subjects of an administrative offense, or confiscation of the subjects of an administrative offense; on officials - from one hundred to two hundred times the minimum wage; on legal entities - from one to two times the value of goods and (or) vehicles that were the subjects of an administrative offense, with or without their confiscation or confiscation of the subjects of an administrative offense.

3. Non-completion of the customs regime in respect of which the requirement to complete it has been established within the established time limits, -

shall entail the imposition of an administrative fine on citizens in the amount of from ten to twenty times the minimum wage; on officials - from one hundred to two hundred times the minimum wage; on legal entities - from one second to one times the value of goods and (or) vehicles that were the subjects of an administrative offense, with or without their confiscation or confiscation of the subjects of an administrative offense.

4. Non-fulfilment, in the course of foreign trade barter transactions, of the requirements of the export customs regime on the mandatory import into the customs territory of the Russian Federation of goods, works, services or exclusive rights to objects of intellectual property equivalent in value to exported goods, or on crediting to accounts in authorized banks Money if foreign trade barter transactions provide for the partial use of monetary and (or) other means of payment, as well as non-confirmation of the fact of fulfillment of such an obligation -

shall entail the imposition of an administrative fine on officials in the amount of from one hundred to two hundred times the minimum wage; on legal entities - from one second to one times the cost of goods that were the subjects of an administrative offense.

Article 16.20. Illegal use or disposal of conditionally released goods or illegal use of seized goods

1. The use, transfer for use or possession or disposal by other means of conditionally released goods, in respect of which benefits have been granted for the payment of customs duties and taxes in accordance with the legislation of the Russian Federation, or goods released without providing information and documents confirming compliance with restrictions, established in accordance with the legislation of the Russian Federation on the state regulation of foreign trade activities, in violation of the established prohibitions and (or) restrictions -

shall entail the imposition of an administrative fine on citizens in the amount of from fifteen to twenty five times the minimum wage; on officials - from one hundred to two hundred times the minimum wage; on legal entities - from one to two times the value of goods and (or) vehicles that were the subjects of an administrative offense, with or without their confiscation or confiscation of the subjects of an administrative offense.

2. Use of goods, which have been seized during customs control, without the permission of a customs body -

shall entail the imposition of an administrative fine on officials in the amount of from fifty to one hundred times the minimum wage; for legal entities - from one hundred to three hundred times the minimum wage.

Article 16.21. Illegal acquisition, use, storage or transportation of goods and (or) vehicles

Acquisition, use, storage or transportation of goods and (or) vehicles that are illegally moved across the customs border of the Russian Federation and in respect of which customs duties, taxes have not been paid or prohibitions and (or) restrictions established in accordance with the legislation of the Russian Federation have not been observed on state regulation of foreign trade activities, or conditionally released goods and (or) vehicles, use, transfer for use or possession or disposal in other ways that are allowed in violation of established prohibitions and (or) restrictions, -

shall entail the imposition of an administrative fine on officials in the amount of from one hundred to two hundred times the minimum wage; on legal entities - from one second to two times the value of goods and (or) vehicles that were the subject of an administrative offense, with or without their confiscation or confiscation of the subjects of an administrative offense.

Article 16.22. Violation of the terms of payment of customs duties

Violation of the terms for payment of customs duties and taxes payable in connection with the movement of goods and (or) transport vehicles across the customs border of the Russian Federation -

shall entail the imposition of an administrative fine on citizens in the amount of from five to twenty five times the minimum wage; on officials - from fifty to one hundred times the minimum wage; for legal entities - from five hundred to three thousand times the minimum wage.

Article 16.23. Illegal implementation of activities in the field of customs

1. Performance of customs operations on behalf of the declarant or other interested parties by a person not included in the Register of customs brokers (representatives), or included in the said Register on the basis of invalid documents, or excluded from it, except for cases where the obligation to perform customs operations arose before the exclusion of a customs broker (representative) from the said Register, or if the customs legislation of the Russian Federation grants the right to perform customs operations without the requirement to include a person in the Register of customs brokers (representatives), -

shall entail the imposition of an administrative fine on citizens in the amount of from fifteen to twenty five times the minimum wage.

1. Violation of the procedure for the arrival of goods and (or) vehicles of international transportation to the customs territory Customs Union by importing them in addition to the places of movement of goods across the customs border of the Customs Union or other places established by the legislation of the Member States of the Customs Union or outside the opening hours of the customs authorities or the performance of actions directly aimed at the actual crossing of the customs border of the Customs Union by goods and (or) vehicles of international transportation upon their departure from the customs territory of the Customs Union, in addition to the places of movement of goods across the customs border of the Customs Union or other places established by the legislation of the states - members of the Customs Union, or outside the working hours of the customs authorities or without the permission of the customs authority, -

3. Notifying the customs authority of false information about the number of packages, their marking, the name, gross weight and (or) the volume of goods upon arrival in the customs territory of the Customs Union, departure from the customs territory of the Customs Union or placement of goods under the customs procedure of the customs transit or to a temporary storage warehouse by presenting invalid documents, or using for these purposes a fake identification tool or a genuine identification tool related to other goods and (or) vehicles, -

shall entail a warning or the imposition of an administrative fine on citizens in the amount of one thousand to two thousand five hundred rubles with or without confiscation of the goods that were the subjects of the administrative offense, or confiscation of the subjects of the administrative offence; on officials - from five thousand to ten thousand rubles; on legal entities - from fifty thousand to one hundred thousand rubles with or without confiscation of goods that were the subjects of an administrative offense, or confiscation of the subjects of an administrative offense.

4. No longer valid. - Federal Law of June 23, 2016 N 207-FZ.

Notes:

1. For the administrative offenses provided for by this chapter, persons carrying out entrepreneurial activity without forming a legal entity, bear administrative responsibility as legal entities.

1. Non-declaration in accordance with the established form of goods subject to customs declaration, except for the cases provided for by Article 16.4 of this Code -

entails the imposition of an administrative fine on citizens and legal entities in the amount of one second to two times the value of the goods that were the subjects of an administrative offense, with or without their confiscation or confiscation of the subjects of an administrative offense; on officials - from ten thousand to twenty thousand roubles.

2. Statement by the declarant or customs representative during the customs declaration of goods of false information about their classification code according to the unified Commodity Nomenclature foreign economic activity of the Eurasian Economic Union, accompanied by a statement when describing goods of incomplete, inaccurate information about their quantity, properties and characteristics that affect their classification, or about their name, description, country of origin, about their customs value, or other information, if such information served or could serve as a basis for exemption from payment of customs duties, taxes or for underestimation of their amount, -

entails the imposition of an administrative fine on citizens and legal entities in the amount of one second to two times the amount of payable customs duties, taxes with or without confiscation of goods that are the subjects of an administrative offense, or confiscation of the subjects of an administrative offense; on officials - from ten thousand to twenty thousand roubles.

3. Application by the declarant or customs representative during the customs declaration of goods of false information about goods or the submission of invalid documents, if such information or documents served or could serve as a basis for non-compliance with the established international treaties of the Member States of the Eurasian Economic Union, decisions of the Eurasian Economic Commission, regulatory legal acts Russian Federation of prohibitions and restrictions, -

(part 3 in ed. federal law dated 06/23/2016 N 207-FZ)

Note. Has lost its power. - Federal Law of February 12, 2015 N 17-FZ.

Notes:

1. To calculate the amount of the administrative fine provided for by the sanction of part 1 of this article, imposed on citizens, the cost of goods for personal use transported by individuals across the customs border of the Eurasian Economic Union is used. At the same time, the value of goods transported across the customs border of the Eurasian Economic Union with exemption from customs duties and taxes in accordance with the law of the Eurasian Economic Union is excluded from the indicated value.

2. In the event of a voluntary report by the declarant and (or) customs representative to the customs authority that carried out the release of goods, about the non-declaration of goods with the simultaneous submission of a customs declaration or a document necessary for making changes and (or) additions to the information specified in the previously submitted customs declaration , and containing information about the goods, the customs declaration of which was not carried out, and the documents on the basis of which the specified customs declaration or document were filled out, provided for by the law of the Eurasian Economic Union, the person who committed the administrative offense established by part 1 of this article shall be exempted from administrative liability for the specified an offense if, on the date preceding the date of receipt of the notification and registration of the submitted documents, the following conditions are met in aggregate:

1) the customs authority did not reveal an administrative offense in accordance with the legislation on administrative offenses, the subject of which are the goods specified in the message;

2) the customs authority did not notify the declarant, the customs representative or the person having authority in relation to the goods after their release, or his representative about the customs control after the release of the goods, if such notification is provided for by the law of the Eurasian Economic Union and (or) the legislation of the Russian Federation on customs, or did not start its holding without notification, if such notification is not required;

3) the declarant, customs representative does not have any arrears in payment of customs duties, taxes, penalties that have not been paid after the expiration of the deadlines established by the requirement to pay customs payments.

3. Paragraph 2 of these notes does not apply to strategically important goods and resources, the list of which is approved by the Government of the Russian Federation for the purposes of Article 226.1 of the Criminal Code of the Russian Federation.

4. In the event of a voluntary submission by the declarant and (or) customs representative to the customs authority that released the goods, applications for amendments and (or) additions to the customs declaration after the release of goods with the attachment of documents provided for by the law of the Eurasian Economic Union, the person who committed the administrative the offense established by part 2 of this article is exempted from administrative liability for the specified offense, if on the date preceding the date of registration of the application for amendments and (or) additions to the customs declaration, the conditions provided for in subparagraphs 1 - 3 of paragraph 2 of these notes are met in aggregate .

(Notes as amended by Federal Law No. 207-FZ of June 23, 2016)

(as amended by Federal Law No. 207-FZ of June 23, 2016)

Failure to comply with the prohibitions and restrictions on the import of goods into the customs territory of the Eurasian Economic Union or the Russian Federation and (or) the export of goods from the customs territory of the Eurasian Economic Union or from the Russian Federation, with the exception of cases provided for by paragraph 3 of Article 16.2 of this Code -

shall entail the imposition of an administrative fine on citizens in the amount of one thousand to two thousand five hundred rubles with or without confiscation of the goods that were the subjects of the administrative offense, or confiscation of the subjects of the administrative offence; on officials - from five thousand to twenty thousand rubles; on legal entities - from fifty thousand to three hundred thousand rubles with or without confiscation of goods that were the subjects of an administrative offense, or confiscation of the subjects of an administrative offense.

(as amended by Federal Law No. 134-FZ of June 28, 2013)

Failure to declare or false declaration by individuals of cash and (or) monetary instruments moved across the customs border of the Customs Union and subject to written declaration, if these actions (inaction) do not contain a criminally punishable act -

entails the imposition of an administrative fine on citizens in the amount of one second to two times the undeclared amount of cash and (or) the value of monetary instruments, or confiscation of the subject of the administrative offence.

(as amended by Federal Law No. 207-FZ of June 23, 2016)

Notes: 1. For the purposes of applying this article, the amount of cash and (or) the value of traveler's checks in excess of the import (export) permitted by the customs legislation of the Customs Union without customs declaration in writing is recognized as undeclared.

2. Recalculation of cash, monetary instruments into the currency of the Russian Federation shall be carried out at the exchange rate of the Central Bank of the Russian Federation effective on the day of the commission or discovery of an administrative offense.

Movement of goods and (or) vehicles or persons, including officials of state bodies, with the exception of officials of customs authorities, across the border of the customs control zone or within it, or the implementation of production or other economic activity without the permission of the customs body, if such permission is obligatory, -

1. Non-acceptance by the carrier in the event of an accident, force majeure or other circumstances that prevent the delivery of goods and (or) vehicles to the place of arrival or to the place of crossing the customs border of the Customs Union, stopping or landing a watercraft or aircraft in the designated places or transportation goods in accordance with customs transit, measures to ensure the safety of goods and (or) vehicles, with the exception of cases of irretrievable loss of goods and (or) vehicles due to circumstances that the carrier could not prevent and the elimination of which did not depend on him -

shall entail the imposition of an administrative fine on citizens in the amount of one thousand five hundred to two thousand roubles; on officials - from three thousand to four thousand rubles; for legal entities - from thirty thousand to forty thousand rubles.

2. Failure by the carrier to report to the nearest customs authority about an accident, force majeure or other circumstances that prevent the delivery of goods and (or) vehicles to the place of arrival or to the place of crossing the customs border of the Customs Union, stopping or landing of a water or aircraft in established places or transportation of goods in accordance with customs transit, about the location of goods and (or) vehicles or failure to ensure the transportation of goods and (or) vehicles to the nearest customs authority or to another place indicated by the customs authority -

shall entail a warning or the imposition of an administrative fine on citizens in the amount of three hundred to five hundred roubles; on officials - from five hundred to one thousand roubles; for legal entities - from five thousand to ten thousand rubles.

(as amended by Federal Law No. 213-FZ of June 23, 2016)

(as amended by Federal Law No. 207-FZ of June 23, 2016)

Submission by the declarant or other person to the customs representative or other person of documents for submission to the customs authority when performing customs operations, which entailed the statement to the customs authority by the customs representative or other person of false information about the goods, if such information served or could serve as the basis for exemption from payment customs duties, taxes or to reduce their amount, and (or) non-compliance with the prohibitions and restrictions established by international treaties of the member states of the Eurasian Economic Union, decisions of the Eurasian Economic Commission, regulatory legal acts 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 with or without confiscation of the goods that are the subjects of the administrative offense or confiscation of the subjects of the administrative offence; on officials - from ten thousand to twenty thousand rubles; on legal entities - from fifty thousand to three hundred thousand rubles with or without confiscation of goods that were the subjects of an administrative offense, or confiscation of the subjects of an administrative offense.

Mooring to those under customs control to a watercraft or other floating means, except for cases where such mooring is allowed, -

shall entail a warning or the imposition of an administrative fine on citizens in the amount of five hundred to one thousand roubles; on officials - from one thousand to two thousand rubles; for legal entities - from ten thousand to twenty thousand roubles.

(as amended by Federal Law No. 213-FZ of June 23, 2016)

1. Non-delivery of goods transported in accordance with customs transit to the place of delivery, or release (transfer) without the permission of a customs authority, or loss of goods under customs control, -

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 or without confiscation of the goods that are the subjects of the administrative offense; on officials - from ten thousand to twenty thousand rubles; on legal entities - from three hundred thousand to five hundred thousand rubles with or without confiscation of goods that were the subjects of an administrative offense.

2. Non-delivery of customs, commercial or transport (shipping) documents for goods transported in accordance with customs transit to the place of delivery -

Non-compliance by the carrier with the period of customs transit established by the customs authority or the route for the carriage of goods determined by the customs authority, or the delivery of goods to a customs control zone other than the place of delivery determined by the customs authority, -

Destruction, removal, alteration or replacement of means of identification used by a customs body, without the permission of a customs body, or damage or loss of such means of identification -

shall entail a warning or the imposition of an administrative fine on citizens in the amount of three hundred to one thousand roubles; on officials - from five hundred to two thousand rubles; for legal entities - from five thousand to twenty thousand rubles.

(as amended by Federal Law No. 213-FZ of June 23, 2016)

1. Failure to comply with the established deadlines for filing a full customs declaration in case of temporary periodic customs declaring, a final declaration for goods when declaring goods in an unassembled or disassembled form, or a customs declaration and (or) necessary documents and information when releasing goods before filing a customs declaration -

shall entail the imposition of an administrative fine on officials in the amount of three thousand to five thousand roubles; for legal entities - from ten thousand to fifty thousand roubles.

2. Submission of a customs declaration in violation of the established terms in cases where the declaration is carried out after the actual export of goods, -

shall entail the imposition of an administrative fine on officials in the amount of five thousand to ten thousand roubles; for legal entities - from fifty thousand to one hundred thousand roubles.

3. Failure to submit, within the period established by the customs authority, the documents and information necessary for the conduct of customs control, -

shall entail a warning or the imposition of an administrative fine on citizens in the amount of one thousand to two thousand five hundred roubles; on officials - from one thousand to ten thousand rubles; for legal entities - from fifty thousand to three hundred thousand roubles.

(as amended by Federal Law No. 207-FZ of June 23, 2016)

4. Failure to comply with the deadline for filing a customs declaration for goods that were instruments, means of committing or subjects of an administrative offense or crime, -

shall entail the imposition of an administrative fine on citizens in the amount of one thousand to two thousand roubles; on officials - from three thousand to five thousand rubles; for legal entities - from ten thousand to fifty thousand roubles.

5. Failure by persons, including those carrying out activities in the field of customs affairs, to fulfill the obligation to store documents necessary for conducting customs control, the storage of which is mandatory, -

shall entail a warning or the imposition of an administrative fine on officials in the amount of two thousand five hundred to five thousand roubles; for legal entities - from fifty thousand to three hundred thousand roubles.

(as amended by Federal Law No. 207-FZ of June 23, 2016)

1. Carrying out operations for unloading, loading, unloading, reloading (transshipment) or other cargo operations with goods under customs control, taking samples and specimens of such goods, opening premises or other places where such goods may be located, or replacing a vehicle international transportation, transporting goods under customs control, without the permission of the customs authority in cases where such permission is obligatory, -

shall entail the imposition of an administrative fine on citizens in the amount of five hundred to one thousand roubles; on officials - from one thousand to two thousand rubles; for legal entities - from ten thousand to twenty thousand roubles.

2. Carrying out operations for unloading, transshipment (transshipment) or other cargo operations with goods under customs control, or replacement of an international transport vehicle transporting goods under customs control, without notifying the customs authority in cases where such notification is mandatory, -

shall entail the imposition of an administrative fine on citizens in the amount of three hundred to five hundred roubles; on officials - from five hundred to one thousand roubles; for legal entities - from five thousand to ten thousand rubles.

Violation of the established requirements and conditions for placing goods in a customs warehouse, a temporary storage warehouse, another place of temporary storage or a free warehouse, the procedure for their storage or the procedure for performing operations with goods under customs control without the permission of the customs authority in cases where such permission without fail, with the exception of cases provided for in other articles of this Chapter, -

shall entail a warning or the imposition of an administrative fine on citizens in the amount of five hundred to one thousand five hundred roubles; on officials - from two thousand to ten thousand rubles; for legal entities - from five thousand to twenty thousand rubles.

(as amended by Federal Law No. 207-FZ of June 23, 2016)

Failure to submit or violation of the term for submission of reports to the customs authority in cases provided for by the customs legislation of the Customs Union and (or) the legislation of the Russian Federation on customs affairs, or submission of reports containing false information -

shall entail a warning or the imposition of an administrative fine on officials in the amount of five hundred to five thousand roubles; for legal entities - from five thousand to thirty thousand rubles.

(as amended by Federal Law No. 207-FZ of June 23, 2016)

Violation of terms of temporary storage of goods -

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 or without confiscation of the goods that are the subjects of the administrative offense; on officials - from ten thousand to twenty thousand rubles; on legal entities - from fifty thousand to one hundred thousand rubles with or without confiscation of goods that were the subjects of an administrative offense.

shall entail the imposition of an administrative fine on officials in the amount of ten thousand to twenty thousand roubles; for legal entities - from fifty thousand to one hundred thousand roubles.

1. Non-exportation from the customs territory of the Customs Union by individuals of temporarily imported goods and (or) vehicles within the established terms of temporary import -

2. Failure by individuals to re-import into the Russian Federation temporarily exported goods subject to mandatory re-import in accordance with the legislation of the Russian Federation -

entails the imposition of an administrative fine on citizens in the amount of the value of the goods that were the subjects of the administrative offence.

1. Application in the declaration for goods of false information about them or submission of invalid documents, if such information and documents could serve as a basis for placing goods under a customs procedure that provides for full or partial exemption from customs duties and taxes or the return of paid amounts and (or) non-application of measures of non-tariff regulation, with the exception of cases provided for by part 3 of article 16.1, parts 2 and 3 of article 16.2, article 16.17 of this Code -

(as amended by Federal Law No. 207-FZ of June 23, 2016)

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 or without confiscation of the goods that are the subjects of the administrative offense or confiscation of the subjects of the administrative offence; on officials - from five thousand to twenty thousand rubles; on legal entities - from one hundred thousand to five hundred thousand rubles with or without confiscation of goods that were the subjects of an administrative offense, or confiscation of the subjects of an administrative offense.

2. The use or disposal of goods in violation of the customs procedure under which they are placed, including the transfer of the right to use the customs procedure by transferring the rights of possession, use or disposal of goods, if this is allowed in accordance with the customs procedure, to another person without the permission of the customs body, if such permission is necessary, -

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 or without confiscation of the goods that are the subjects of the administrative offense or confiscation of the subjects of the administrative offence; on officials - from ten thousand to twenty thousand rubles; on legal entities - from one second to two times the value of the goods that were the subjects of an administrative offense, with or without their confiscation or confiscation of the subjects of an administrative offense.

(as amended by Federal Law No. 207-FZ of June 23, 2016)

3. Non-completion within the established terms of a customs procedure in respect of which a requirement to complete it has been established, -

shall entail a warning or the imposition of an administrative fine on citizens in the amount of one thousand to two thousand roubles; on officials - from ten thousand to twenty thousand rubles; on legal entities - from fifty thousand to three hundred thousand rubles with or without confiscation of goods that were the subjects of an administrative offense, or confiscation of the subjects of an administrative offense.

(as amended by Federal Law No. 207-FZ of June 23, 2016)

1. The use of conditionally released goods, their transfer into possession or use, the sale of conditionally released goods or their disposal in any other way in violation of the established prohibitions and (or) restrictions on the use and disposal of such goods, except for the cases provided for by Part 2 of Article 16.19 of this Code, -

shall entail the imposition of an administrative fine on citizens in the amount of one thousand five hundred to two thousand five hundred roubles; on officials - from ten thousand to twenty thousand rubles; on legal entities - from one second to two times the value of the goods that were the subjects of an administrative offense, with or without their confiscation or confiscation of the subjects of an administrative offense.

(as amended by Federal Law No. 207-FZ of June 23, 2016)

2. Use of goods seized during customs control without the permission of the customs body and (or) transfer of such goods to other persons, their alienation or disposal in any other way -

(as amended by Federal Law No. 207-FZ of June 23, 2016)

shall entail the imposition of an administrative fine on officials in the amount of five thousand to ten thousand roubles; for legal entities - from ten thousand to thirty thousand roubles.

The use of goods that are illegally moved across the customs border of the Eurasian Economic Union and in respect of which customs duties, taxes have not been paid or the prohibitions and restrictions established by international treaties of the member states of the Eurasian Economic Union, decisions of the Eurasian Economic Commission, regulatory legal acts of the Russian Federation have not been observed, or goods released, including conditionally, in accordance with the customs procedure, the use of which, the transfer of possession or use or disposal of which by other means is allowed in violation of established prohibitions and (or) restrictions, as well as the acquisition, storage or transportation of such goods -

(as amended by Federal Law No. 207-FZ of June 23, 2016)

shall entail the imposition of an administrative fine on officials in the amount of ten thousand to twenty thousand roubles; on legal entities - from one second to two times the value of the goods that were the subjects of an administrative offense, with or without their confiscation or confiscation of the subjects of an administrative offense.

Violation of the terms for payment of customs duties, taxes payable in connection with the movement of goods across the customs border of the Customs Union -

shall entail the imposition of an administrative fine on citizens in the amount of five hundred to two thousand five hundred roubles; on officials - from five thousand to ten thousand rubles; for legal entities - from fifty thousand to three hundred thousand roubles.

1. Carrying out customs operations on behalf of the declarant or other interested persons by a person not included in the register of customs representatives, or included in the specified register on the basis of invalid documents, or excluded from it, except for cases where the obligation to perform customs operations arose before the exclusion of the customs a representative from the said register, or if the customs legislation of the Customs Union and (or) the legislation of the Russian Federation on customs affairs grants the right to perform customs operations without the requirement to include the person in the register of customs representatives, -

shall entail the imposition of an administrative fine on citizens in the amount of one thousand five hundred to two thousand five hundred roubles; on officials - from two thousand to five thousand rubles; for legal entities - from ten thousand to fifty thousand roubles.

2. Carrying out activities as customs carriers, authorized economic operators, owners of duty-free shops, temporary storage warehouses or customs warehouses by persons included in the relevant register on the basis of invalid documents or excluded from the registers of persons carrying out activities in the field of customs, except for cases if the implementation of such activities is connected with the completion of customs operations, the obligation to perform which arose before the removal of the person from the relevant register, -

shall entail the imposition of an administrative fine on officials in the amount of two thousand to five thousand roubles; for legal entities - from ten thousand to fifty thousand roubles.

3. Failure to notify or violation of the time limit for notifying a customs authority about a change in the information specified in an application for inclusion in one of the registers of persons exercising activities in the field of customs affairs, or for suspension of the activities of said persons -

shall entail a warning or the imposition of an administrative fine on officials in the amount of one hundred to five hundred roubles; for legal entities - from two thousand to ten thousand rubles.

1. The use of temporarily imported means of transport of international transportation in internal transportation through the customs territory of the Customs Union, or their transfer into possession or use, sale or disposal of them in any other way in violation of the established restrictions on the use and disposal of such means of transport -

shall entail the imposition of an administrative fine on citizens in the amount of one thousand five hundred to two thousand five hundred roubles; on officials - from five thousand to twenty thousand rubles; for legal entities - from fifty thousand to three hundred thousand roubles.

2. Transfer of the right to use or other disposal of vehicles temporarily imported by individuals without observing the conditions established by the customs legislation of the Customs Union -

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 or without confiscation of vehicles that are the subjects of the administrative offense or confiscation of the subjects of the administrative offence.

Chapter 16. Administrative offenses in the field of customs (violations customs regulations)

General comment

The commented chapter of this Code consists of 23 articles. The previous Code of the RSFSR did not have a similar chapter, since liability for violations in the field of customs was established by the Customs Code of the Russian Federation (1993), which contained 40 articles. The Code of the RSFSR provided for liability for violations of customs rules in only two articles.

The Code of the Russian Federation on Administrative Offenses and the new Customs Code of the Russian Federation (2003) have significantly changed the situation in the field of legal regulation administrative liability for violation of customs legislation. It should be noted that a number of acts contained in the Customs Code of the Russian Federation (1993) are not currently recognized as offenses, and many norms establishing administrative responsibility have undergone significant transformation.

Since October 1, 2004 entered into force new edition Chapter 16 of this Code. The need for its adoption was due to the fact that this Code was adopted before the entry into force of the Customs Code of the Russian Federation (2003) and therefore could not reflect changes related to the rules for the movement of goods and vehicles across the customs border of the Russian Federation.

The generic object of the offenses provided for in Chapter 16 of the Code of Administrative Offenses of the Russian Federation are public relations arising from the movement of goods and vehicles across the customs border of Russia and the conduct of customs control.

1. Violation of the procedure for the arrival of goods and (or) vehicles into the customs territory of the Russian Federation by importing them in addition to checkpoints through ...

Non-observance by the carrier of the period of internal customs transit or international customs transit established by the customs authority, or ...

Destruction, removal, alteration or replacement of means of identification used by the customs authority, without the permission of the customs authority, as well as damage to or ...

1. Failure to comply with the established deadlines for filing a full customs declaration in case of periodic temporary declaration or customs declaration and (or) ...

1. Unloading, loading, unloading, reloading (transshipment) and other cargo operations, acceptance for transportation of goods under customs control, sampling ...

Violation of the established requirements and conditions for placing goods in a customs warehouse, temporary storage warehouse, free warehouse or warehouse of the consignee of goods...

Failure to submit reports to the customs authority within the prescribed period in cases provided for by the customs legislation of the Russian Federation, as well as ...

Violation of the terms of temporary storage of goods - shall entail the imposition of an administrative fine on citizens in the amount of one thousand five hundred to two thousand five hundred ...

Submission of invalid documents for the release of goods before the submission of the customs declaration, if the information contained in such documents affects ...

1. Non-exportation from the customs territory of the Russian Federation by individuals of temporarily imported goods and (or) vehicles within the established time limits ...

1. Failure to comply with the conditions for placing goods and (or) vehicles under the customs regime, the content of which provides for full or partial ...

1. Non-declaration in the prescribed form (oral, written or electronic) of goods and (or) vehicles subject to declaration, except ...

1. Use, transfer for use or possession or disposal by other means of conditionally released goods in respect of which privileges have been granted ...

Acquisition, use, storage or transportation of goods and (or) vehicles that are illegally moved across the customs border of the Russian Federation ...

Violation of the terms for payment of customs duties, taxes payable in connection with the movement of goods and (or) vehicles across the customs border...

1. Performance of customs operations on behalf of the declarant or other interested parties by a person not included in the Register of customs brokers (representatives), or...

1. Failure to comply with established in accordance with the legislation of the Russian Federation on state regulation of foreign trade activities and not wearing ...

Failure to declare or false declaration by individuals of foreign currency or the currency of the Russian Federation, moved through the customs ...

Movement of goods and (or) vehicles or persons, including officials of state bodies, with the exception of officials of customs bodies, ...

1. Non-acceptance by the carrier in the event of an accident or force majeure or other circumstances that prevent the delivery of goods and (or) ...

Submission by the declarant or other person to the customs broker (representative) or other person of documents for submission to the customs authority at the customs ...

Mooring to a ship or other floating craft under customs control, except for cases where such mooring is allowed, - entails ...

1. Non-delivery of goods transported in accordance with internal customs transit or placed under the customs regime of international customs transit, in ...