Non-declaration in accordance with the established form of goods subject to customs 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 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 the officials- from ten thousand to twenty thousand rubles.

Note:

Has lost its power. - the federal law dated 12.02.2015 N 17-FZ.

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 individuals through the customs border of the Eurasian economic union. At the same time, the value of goods transported across the customs border of the Eurasian Economic Union with exemption from payment is excluded from the indicated value. customs duties, taxes in accordance with the law of the Eurasian Economic Union.

2. In case of voluntary notification by the declarant and (or) customs representative in customs Department that released the goods, on non-declaration of goods with simultaneous submission customs declaration or a document required to make 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 was filled out, provided for by the law of the Eurasian economic union, a person who has committed an administrative offense established by part 1 of this article shall be exempted from administrative responsibility for the specified offense, if on the date preceding the date of receipt of the report 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) legislation Russian Federation about 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 .

1. Does the fine koap 16.1 h 3 fall under the 50% discount

1.1. Hello Ali.

No you can not. This exemption is only granted for certain security offenses. traffic(Part 1.3. Article 32.2 of the Code of Administrative Offenses of the Russian Federation).
"Code of the Russian Federation on Administrative Offenses" dated December 30, 2001 N 195-FZ (as amended on December 27, 2019) (as amended and supplemented, entered into force on February 1, 2020)
Code of Administrative Offenses of the Russian Federation Article 32.2. Execution of the decision to impose an administrative fine
1.3. Upon payment of an administrative fine by a person brought to administrative responsibility for committing an administrative offense provided for in Chapter 12 of this Code, with the exception of administrative offenses provided for by Part 1.1 of Article 12.1, Article 12.8, Parts 6 and 7 of Article 12.9, Part 3 of Article 12.12, Part 5 of Article 12.15, Part 3.1 of Article 12.16, Articles 12.24, 12.26, Part 3 of Article 12.27 of this Code, no later than twenty days from the day decision on the imposition of an administrative fine, the administrative fine may be paid in the amount of half the amount of the imposed administrative fine. If a copy of the decision on the imposition of an administrative fine, sent to the person brought to administrative responsibility, by registered mail by mail, arrived at his address after the expiration of twenty days from the date of issuance of such a decision, the specified period is subject to restoration by the judge, body, official who issued such a decision, at the request of the person brought to administrative responsibility. The ruling on the rejection of the said petition may be appealed in accordance with the rules established by Chapter 30 of this Code. If the execution of the decision on the imposition of an administrative fine was delayed or spread over time by the judge, body, official who issued the decision, the administrative fine shall be paid in full.

Official text:

Article 16.21. Illegal use of goods, their acquisition, storage or transportation

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

Lawyer's comment:

The establishment of liability under this article is connected with the need for legal protection of relations on the introduction of goods imported into the customs territory of the Russian Federation and Vehicle into free circulation. The status of goods released for free circulation implies the removal of any restrictions on the use and disposal of these goods. Goods acquire this status only after all the requirements of customs legislation have been met in respect of them (customs duties and taxes have been paid, all restrictions established in accordance with the legislation of the Russian Federation on state regulation foreign trade activities).

The acquisition of such a status by goods is possible when they are placed under the customs regime of release for domestic consumption (Article 164 Customs Code), re-import of goods (Article 234 of the Customs Code), refusal in favor of the state (Article 250 of the Customs Code), as well as in some other cases expressly provided for by the Customs Code. According to Article 15 of the Customs Code, no one has the right to use and dispose of goods and vehicles before they are released, except in the manner and under the conditions provided for by the Customs Code; after the release of goods and vehicles, their use and disposal is carried out in accordance with the declared customs regime.

The objective side of the offense under consideration includes the following groups of illegal acts:

1) the acquisition, use, storage, transportation of goods illegally moved across the customs border of the Russian Federation, if this entailed non-payment of customs duties, taxes or non-compliance with prohibitions and restrictions established in accordance with the legislation of the Russian Federation on state regulation of foreign trade activities. Taking into account the definition contained in Article 11 of the Customs Code of the illegal movement of goods and vehicles across the customs border, the commission of the actions listed in the disposition of Article 16.21 is preceded by the commission of violations of customs rules in relation to the same goods that resulted in non-payment of customs duties, taxes or non-compliance with the prohibitions and restrictions established in in accordance with the legislation of the Russian Federation on state regulation of foreign trade activities.

These include, for example, offenses under Articles 16.1, 16.2, 16.3, 16.9, 16.17 of the Code of Administrative Offenses. However, this does not mean that bringing a person to responsibility under Article 16.21 of the Code of Administrative Offenses is possible only after bringing another person to responsibility under these articles. In order to qualify acts under Article 16.21, in addition to establishing the commission by a person held liable of a specific action specified in the disposition of the article, it is sufficient to establish the fact of importation into the customs territory of the Russian Federation of goods and vehicles in violation of customs rules that resulted in non-payment of customs duties, taxes or non-compliance with prohibitions and restrictions. However, if such a fact is not proven, but only assumed, sufficient grounds to initiate proceedings on an administrative offense under Article 16.21 are absent. It should be noted that this article from 01.10.2004 does not establish liability for the disposal of goods and assistance in the sale of goods and vehicles illegally moved across the customs border, as well as for the acquisition, storage, transportation of goods, use, disposal of goods, assistance in the sale of goods and vehicles for which customs clearance not completed;

2) acquisition, use, storage or transportation of 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. In accordance with Article 151 of the Customs Code, goods are considered to be conditionally released:

In respect of which, in accordance with the legislation of the Russian Federation, privileges on customs payments are granted;

Placed under the customs regimes of customs warehouse, duty-free trade, processing in the customs territory, processing for domestic consumption, temporary importation, re-export, international customs transit, destruction and special customs regimes applicable to those imported into the customs territory of the Russian Federation;

Issued without submission of documents and information confirming compliance with the restrictions established in accordance with the legislation of the Russian Federation on state regulation of foreign trade activities.

With regard to such goods, in accordance with this article and other articles of the Customs Code, which provide for the content of the listed customs regimes, restrictions on use and disposal are established. Responsibility for violation of these restrictions is provided for in Articles 16.19 and 16.20 of the Code of Administrative Offenses, and Article 16.21 establishes the liability of third parties for the acquisition, use, storage or transportation of conditionally released goods, in respect of which the offenses provided for by the indicated articles of the Code of Administrative Offenses of the Russian Federation have already been committed. For example, if the fact of alienation of goods placed under the customs regime of temporary importation is revealed, the person who disposed of the goods should be liable under paragraph 2 of Article 16.19 of the Code of Administrative Offenses, and the person who acquired this product, under article 16.21. It should be emphasized that the subjects of liability under this article are legal entities and officials, as well as persons carrying out entrepreneurial activity without forming a legal entity.

Individuals (citizens) are not subject to liability under this article.

Do you think you are Russian? Born in the USSR and think that you are Russian, Ukrainian, Belarusian? No. This is not true.

You are actually Russian, Ukrainian or Belarusian. But you think you are a Jew.

Game? Wrong word. The correct word is "imprinting".

A newborn associates himself with those facial features that he observes immediately after birth. This natural mechanism is characteristic of most living beings with vision.

Newborns in the USSR for the first few days saw their mother for a minimum of feeding time, and most of the time they saw the faces of the maternity hospital staff. By a strange coincidence, they were (and still are) mostly Jewish. Reception is wild in its essence and effectiveness.

All your childhood you wondered why you live surrounded by non-native people. Rare Jews on your path could do anything with you, because you were drawn to them, while others were repelled. Yes, even now they can.

You cannot fix this - imprinting is one-time and for life. It is difficult to understand, the instinct took shape when you were still very far from being able to formulate. From that moment, no words or details have been preserved. Only facial features remained in the depths of memory. Those traits that you consider your family.

3 comments

System and Observer

Let us define a system as an object whose existence is not in doubt.

An observer of a system is an object that is not a part of the system it observes, that is, it determines its existence, including through factors independent of the system.

From the point of view of the system, the observer is a source of chaos - both control actions and the consequences of observational measurements that do not have a causal relationship with the system.

An internal observer is a potentially achievable object for the system in relation to which the inversion of the observation and control channels is possible.

An external observer is even an object potentially unattainable for the system, located beyond the event horizon of the system (spatial and temporal).

Hypothesis #1. All-seeing eye

Let's assume that our universe is a system and it has an external observer. Then observational measurements can take place, for example, with the help of "gravitational radiation" penetrating the universe from all sides from the outside. The capture cross section of "gravitational radiation" is proportional to the mass of the object, and the projection of the "shadow" from this capture onto another object is perceived as an attractive force. It will be proportional to the product of the masses of objects and inversely proportional to the distance between them, which determines the density of the "shadow".

The capture of "gravitational radiation" by an object increases its randomness and is perceived by us as a passage of time. An object that is opaque to "gravitational radiation", the capture cross section of which is larger than the geometric size, looks like a black hole inside the universe.

Hypothesis #2. Internal Observer

It is possible that our universe is watching itself. For example, using pairs of quantum entangled particles spaced apart in space as standards. Then the space between them is saturated with the probability of the existence of the process that generated these particles, which reaches its maximum density at the intersection of the trajectories of these particles. The existence of these particles also means the absence of a sufficiently large capture cross section on the trajectories of objects capable of absorbing these particles. The remaining assumptions remain the same as for the first hypothesis, except:

Time flow

External observation of an object approaching the event horizon of a black hole, if the “outside observer” is the determining factor of time in the universe, will slow down exactly twice - the shadow from the black hole will block exactly half of the possible trajectories of “gravitational radiation”. If the determining factor is the "internal observer", then the shadow will block the entire trajectory of interaction and the flow of time for an object falling into a black hole will completely stop for a view from the outside.

Also, the possibility of combining these hypotheses in one proportion or another is not excluded.

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