Full text of Art. 20.12 of the Code of Administrative Offenses of the Russian Federation with comments. New current edition with additions for 2019. Legal advice on Article 20.12 of the Code of Administrative Offenses of the Russian Federation.
1. Shipment of weapons -
shall entail the imposition of an administrative fine in the amount of five hundred to one thousand rubles with or without confiscation of weapons
2. Violation of the rules for transportation, transportation of weapons and cartridges for them -
shall entail the imposition of an administrative fine in the amount of one thousand to one thousand five hundred rubles.
3. Violation of the rules for the use of weapons and cartridges for them -
shall entail the imposition of an administrative fine in the amount of one thousand five hundred to three thousand rubles or the deprivation of the right to acquire and keep or keep and carry weapons for a term of one to two years. June 22, 2007 No. 116-FZ; as amended by Federal Law No. 398-FZ of December 28, 2010.
1. This article ensures the implementation by citizens and organizations of the ban on the transfer of weapons, established by Art. 6 of the Federal Law of December 13, 1996 N 150-FZ "On Weapons" (as amended and supplemented), as well as implementation in accordance with Art. Art. 24 - 25 of this Federal Law and the regulatory legal acts of the Government of the Russian Federation of the rules for the use, transportation, transportation of weapons and cartridges for them.
2. The object of the commented administrative offense is relations in the field of ensuring public order and public safety.
3. The objective side of the offense is characterized by an action related to the transfer of weapons, violation of the relevant rules for the use, transportation, transportation of weapons and ammunition for them.
For example, in accordance with paragraph 66 of the Rules for the circulation of civilian and service weapons and cartridges for them on the territory of the Russian Federation, approved by Decree of the Government of the Russian Federation of July 21, 1998 N 814 (as amended and supplemented), it is prohibited to use technically faulty weapons and cartridges, the expiration date, storage or use of which has expired, except for cases of research and testing or verification of the technical condition of the weapon. The same Rules establish that in order to transport weapons and cartridges, legal entities are obliged to ensure the escort of parties of firearms in the amount of more than 5 units or cartridges in the amount of more than 400 pieces along the route by guards in the amount of at least 2 people armed with firearms, coordinate with the internal authorities affairs at the place of registration of weapons and cartridges, the route of movement and type of transport, transport weapons and cartridges in their original packaging or in special containers, which must be sealed or sealed (clause 69). Carriers, after concluding agreements on the transportation of weapons and ammunition, are obliged to issue income and expenditure and accompanying documents in the manner established by the relevant federal executive authorities in agreement with the Ministry of Internal Affairs of Russia (clause 73).
It should be taken into account that the illegal transportation of weapons, their main parts, ammunition is qualified as a crime under Part 1 of Art. 222 of the Criminal Code.
4. The subject of this offense is an individual who has reached the age of 18 (Article 13 of the Federal Law "On Weapons"), as well as a legal entity.
5. On the subjective side, the guilt of a legal entity is recognized in accordance with Part 2 of Art. 2.1 of the Code, and the violation committed by an individual is characterized by an intentional form of guilt.
6. Cases of administrative offenses are considered by officials of the internal affairs bodies (police) (Article 23.3). In addition, according to parts 1 and 3 of this article, such cases are considered by judges in cases where officials of the internal affairs bodies (police), if it is necessary to resolve the issue of imposing an administrative penalty in the form of confiscation or seizure of weapons for compensation, refer them to the judge for consideration ( part 2 article 23.1).
Protocols on administrative offenses are drawn up by officials of the internal affairs bodies (police) (part 1 of article 28.3).
7. It must be borne in mind that the Federal Law of December 28, 2010 N 398-FZ in part 3 of the commented article made the following changes, which come into force on July 1, 2011: an alternative administrative penalty in relation to a fine is deprivation of the right for the acquisition and storage or storage and carrying of weapons, and the reimbursable seizure of weapons and ammunition related to additional punishments is excluded from the list of administrative sanctions (from July 1, 2011, Article 3.6 of the Code is recognized as invalid).
Therefore, subject to the provisions of Art. 3.8 of the Code, from July 1, 2001, officials of the internal affairs bodies (police) will refer cases of these offenses to judges for consideration if it is necessary to resolve the issue of imposing a penalty in the form of deprivation of the right to acquire and store or store and carry weapons (part 2 article 23.1).
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1. According to the Federal Law "On Weapons", the transfer of weapons, as well as their transportation, transportation and use are varieties of arms trafficking.
2. In accordance with Art. 19 of the Federal Law "On Weapons", state paramilitary organizations have the right to sell or transfer the combat small arms and edged weapons they have in their arsenal in the manner established by the Government of the Russian Federation, or sell their civilian and service weapons and cartridges for them to legal entities that have a license to trade in civilian and service weapons and cartridges for them.
The heads of state paramilitary organizations have the right to transfer short-barreled firearms for storage and carrying to certain categories of military personnel and employees of state paramilitary organizations who are retired, as well as temporarily issue weapons in the manner established by the Government of the Russian Federation to officials of state bodies who are legally allowed to keep and carry weapons, with the issuance of appropriate permits in the manner determined by the Ministry of Internal Affairs of Russia.
On the powers of state paramilitary organizations in the field of arms trafficking, see paragraph 2 of the commentary to Art. 20.8.
3. According to paragraph 8, as well as paragraphs 23 - 25 of the Rules for the circulation of military hand-held small arms and other weapons, ammunition and cartridges for them, as well as edged weapons in state paramilitary organizations, approved by Decree of the Government of the Russian Federation of October 15, 1997 N 1314 (as amended by Decree of the Government of the Russian Federation of November 2, 2000 N 838), the transfer of weapons must be formalized with documents of the established form, the list, form and procedure for maintaining which are determined by the regulatory legal acts of the relevant state paramilitary organizations.
4. Transportation and transportation of weapons by air, rail, water, road and other modes of transport are carried out under armed guard with the execution of relevant documents of the established form, the form and procedure for maintaining which are determined by the regulatory legal acts of state paramilitary organizations. The weapon during transportation and transportation must be in an unloaded state separately from ammunition. Weapons and ammunition must be packed in a special container, which is sealed or sealed.
In case of detection of signs of opening a vehicle carrying weapons, damage to containers, violation of prints of seals or seals, the senior armed guard is obliged to immediately inform the military commandant of the railway (water) section or station (port), the head of the station, the police department on transport, draw up an act, take the necessary measures to establish the causes of the incident and ensure the protection of the scene.
5. Transportation of weapons and cartridges on the territory of the Russian Federation is carried out on a contractual basis by legal entities whose charters provide for the provision of services for the transportation of weapons and cartridges on the basis of transportation permits issued by the Department of Internal Affairs in the manner determined by the Ministry of Internal Affairs of Russia.
Without permission from the Department of Internal Affairs, citizens of the Russian Federation who legally have hunting weapons are transporting weapons and cartridges to participate in hunting and sporting events on the basis of permission from the Department of Internal Affairs for the storage and carrying of weapons.
Citizens of the Russian Federation carry out the transportation of weapons in the amount of no more than five units and cartridges - no more than 400 pieces on the basis of permits from the Department of Internal Affairs for the storage or storage and carrying of the corresponding types, types and models of weapons or licenses for their acquisition, collection or exhibition. Transportation of weapons and ammunition in excess of the specified norms is carried out by citizens of the Russian Federation in the manner prescribed for legal entities.
6. General requirements for the use of weapons by citizens of the Russian Federation are determined by the Federal Law "On Weapons", as well as clauses 32, 33 of the Rules for the circulation of military hand-held small arms and other weapons, ammunition and cartridges for them, as well as edged weapons in state paramilitary organizations.
Citizens of the Russian Federation may use their legally available weapons to protect life, health and property in a state of necessary defense or emergency. The use of weapons must be preceded by a clearly expressed warning about this to the person against whom the weapon is used, except in cases where delay in the use of weapons creates an immediate danger to human life or may entail other grave consequences. At the same time, the use of weapons in a state of necessary defense should not cause harm to third parties.
It is prohibited to use firearms against women, persons with obvious signs of disability, minors, when their age is obvious or known, except in cases when these persons commit an armed or group attack. On each case of the use of weapons that caused harm to human health, the owner of the weapon is obliged to immediately, but no later than 24 hours, report to the police department at the place of use of the weapon.
Rules for the use of sports and hunting weapons are established by the legislation of the Russian Federation.
7. According to Art. 12 of the Federal Law "On Weapons" the use by legal entities with special statutory tasks of certain types and models of military hand-held small arms for other purposes not provided for by federal law is prohibited.
Enterprises and organizations entrusted with the functions of protecting hunting and fish resources by the Federal Law of April 24, 1995 N 52-FZ "On the Wildlife" are allowed to purchase and use hunting weapons with a rifled barrel as a service weapon.
Case No. 12-1038/11
Received Cherdaklinsky District Court (Ulyanovsk Region)
1. Shipment of weapons -
shall entail the imposition of an administrative fine in the amount of five hundred to one thousand rubles with or without confiscation of the weapon.
2. Violation of the rules of transportation, transportation of weapons and cartridges to them -
shall entail the imposition of an administrative fine in the amount of one thousand to one thousand five hundred roubles.
3. Violation of the rules for the use of weapons and cartridges for them -
shall entail the imposition of an administrative fine in the amount of one thousand five hundred to three thousand rubles or the deprivation of the right to acquire and keep or keep and bear arms for a term of one to two years.
1. The object of the commented administrative offense is relations in the field of ensuring public order and public safety.
Legal entities have the right to transport weapons and ammunition belonging to them on the basis of permits from the internal affairs bodies issued in the manner established by the Ministry of Internal Affairs of the Russian Federation.
To transport weapons and ammunition, legal entities are required to:
- coordinate with the internal affairs bodies at the place of registration of weapons and cartridges the route and mode of transport;
- equip vehicles in accordance with the requirements for the transport of dangerous goods;
- ensure that consignments of firearms in the amount of more than 5 units or cartridges in the amount of more than 400 pieces are escorted along the route by guards in the amount of at least 2 people armed with firearms. Without accompaniment by guards armed with firearms, it is allowed to transport sports firearms and (or) cartridges for it by athletes, coaches and other employees of sports organizations and educational institutions involved in sports or physical culture, health improvement and sports and pedagogical work that are associated with the use of sports equipment. firearms, and appointed responsible for the transportation of such weapons and (or) cartridges;
- transport weapons and ammunition in their original packaging or in special containers, which must be sealed or sealed.
During transportation, the weapon must be in a discharged state separately from the cartridges.
When transporting batches of weapons or cartridges, vehicles must be technically sound, the possibility of a visual review of the cargo and free access to it by unauthorized persons is excluded.
In cases of transporting weapons and ammunition in a convoy of more than 2 vehicles, their protection is provided by an escort group of at least 3 people armed with firearms, following on a specially designated vehicle.
If signs of opening a vehicle carrying weapons and cartridges, damage to containers, violation of seals or seals, the senior armed guard is obliged to immediately report this to the internal affairs bodies, draw up an act, take the necessary measures to establish the causes of the incident and ensure the protection of the scene.
Transportation of weapons and ammunition across the territory of the Russian Federation is carried out on a contractual basis by legal entities whose charters provide for the provision of services for the transportation of weapons and ammunition (hereinafter referred to as carriers), on the basis of transportation permits issued by internal affairs bodies in the manner determined by the Ministry of Internal Affairs of the Russian Federation .
The procedure for sending and transporting weapons and cartridges for them is regulated by Decree of the Government of the Russian Federation of 21.07.1998 N 814 "On measures to regulate the circulation of civilian and service weapons and cartridges for them on the territory of the Russian Federation", Order of the Federal Military Service of the Russian Federation and the Ministry of Internal Affairs of the Russian Federation of 30.11.1999 N 120/971 "On approval of the Instructions on the procedure for the transportation of weapons, ammunition and cartridges for them by civil aviation aircraft, special means transferred by passengers for temporary storage for the flight period."
The objective side of the offense is characterized by an action related to the transfer of weapons, violation of the relevant rules for the use, transportation, transportation of weapons and ammunition for them.
2. The subject of this offense is an individual who has reached the age of 18, as well as a legal entity.
From the subjective side, the commission of this offense is characterized by an intentional form of guilt.
Violation of the rules for using external lighting devices, sound signals, emergency signaling or an emergency stop sign -
shall entail a warning or the imposition of an administrative fine in the amount of five hundred roubles.
(Paragraph as amended by Federal Law No. 116-FZ of June 22, 2007; as amended by Federal Law No. 196-FZ of July 23, 2013.
1. The object of the offense is road safety. The technical requirements for external lighting devices, in case of non-compliance with which the operation of vehicles is prohibited, are established by the List of malfunctions and conditions under which the operation of vehicles is prohibited (as amended by Decree of the Government of the Russian Federation of February 21, 2002 N 127).
2. On the objective side, this offense consists of a number of illegal actions (inaction) related to the rules for using external lighting devices, sound signals, emergency alarms or an emergency stop sign.
In order to bring the perpetrator to justice under this article, it is necessary to establish which special rules for the use of external lighting devices, sound signals, and alarms have been violated. Violation of the rules for the use of lighting devices can be expressed in the absence of lighting devices, failure to switch the high beam to the dipped beam in established cases, failure to use emergency lights when blinded, etc.
3. The subjective side of the offense is characterized by guilt in the form of negligence.
4. The subject of the offense is a driver who has violated the rules for using external lighting devices, sound signals, emergency alarms or an emergency stop sign.
1. External lighting devices switched on on a moving vehicle at night, in conditions of insufficient visibility, as well as in tunnels, include the following lighting devices used depending on the type of vehicle: high or low beam headlights, lanterns, parking lights. See also paragraph 3 of the commentary to Art. 12.19.
The technical requirements for external lighting devices, in case of non-compliance with which the operation of vehicles is prohibited, are established by the List of malfunctions and conditions under which the operation of vehicles is prohibited (as amended by Decree of the Government of the Russian Federation of February 21, 2002 N 127; see clause 1 of the commentary to article 12.5).
According to paragraph 3 of the List, the following technical requirements are imposed on the external lighting devices of a vehicle, non-compliance with which is qualified in accordance with the commented article:
The number, type, color, location and mode of operation of external lighting devices must comply with the requirements of the vehicle design (on vehicles discontinued from production, it is allowed to install external lighting devices from vehicles of other brands and models);
Headlight adjustment must comply with GOST R 51709-2001;
Availability of serviceable, uncontaminated external lighting devices and reflectors;
The presence of diffusers on lighting devices, the use of diffusers and lamps corresponding to the type of this lighting device;
Installation of flashing beacons in compliance with established requirements.
According to clauses 7.1 - 7.3 of the Rules of the Road (as amended by Decree of the Government of the Russian Federation of January 24, 2001 N 67), emergency light alarms must be turned on:
When forced to stop in places where stopping is prohibited;
When the driver is blinded by headlights;
When towing (on a towed vehicle).
The driver must turn on the hazard warning lights in other cases to warn road users of the danger that the vehicle may create.
2. When the vehicle stops and the emergency light signal is turned on, as well as in case of its malfunction or absence, the emergency stop sign must be immediately displayed:
In case of a traffic accident;
When forced to stop in places where it is prohibited, and where, taking into account visibility conditions, the vehicle cannot be seen in a timely manner by other drivers.
This sign is installed at a distance that provides timely warning of other drivers about the danger in a particular situation. However, this distance must be at least 15 m from the vehicle in built-up areas and 30 m outside built-up areas.
In the absence or malfunction of an emergency light signaling on a towed power-driven vehicle, an emergency stop sign must be fixed on its rear part.
3. The procedure for using external lighting devices and sound signals, as well as the conditions for the use of an emergency signal and an emergency stop sign, are determined respectively by clauses 19 and 7 of the Rules of the Road.
4. In accordance with clauses 3.4 and 3.6 of the Rules of the Road (as amended by Decree of the Government of the Russian Federation of January 24, 2001 N 67), a yellow or orange flashing beacon must be turned on on: vehicles when performing construction, repair or maintenance of roads, loading and transportation of damaged, faulty, as well as other vehicles in cases provided for by law, on vehicles participating in road traffic, the dimensions of which exceed the standards established by clause 23.5 of the Rules, as well as on vehicles carrying large, heavy cargo, explosive, flammable, radioactive and highly poisonous substances, and in cases established by special rules, on vehicles accompanying such transportation. A yellow or orange flashing beacon does not give you an advantage in traffic and serves to warn other road users of the danger.
Drivers of vehicles of federal postal organizations and vehicles carrying cash receipts and (or) valuable goods may turn on a white-moon flashing beacon and a special sound signal only when these vehicles are attacked. A flashing beacon of a white-moon color does not give an advantage in movement and serves to attract the attention of police officers and other persons.
5. On the consideration of cases of administrative offenses provided for in the commented article, see paragraph 5 of the commentary to Art. 12.12.
6. On the collection of an administrative fine in cases provided for in the article under consideration, see paragraph 7 of the commentary to Art. 12.1.
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