Draft Federal Law No. 159241-6 On Amending the Code of Administrative Offences of the Russian Federation was submitted by State Duma Deputies Sergei Zheleznyak, Dmitry Vyatkin, Robert Schlegel and others.
The Government has reviewed this draft federal law.
The draft federal law proposes revising Article 20.13 “Firing a Gun in Unauthorised Locations” of the Code of Administrative Offences of the Russian Federation, hereinafter referred to as the COAO and amending Article 3.5 “Administrative Fine” of the COAO in terms of increasing the maximum administrative fine to 50,000 roubles for individuals who commit an administrative offence as set out in Parts 1 and 2 of Article 20.13 of the COAO (in the amendments set out in the draft law), and up to 150,000 roubles for individuals who commit an administrative offence as set in Part 3 of Article 20.13 of the COAO (in the amendments set out in the draft federal law).
On the whole, the Government supports the concept of the draft law, which stipulates tougher liability for administrative offences in the field of weapons sales and purchases, and which is aimed at improving legal regulation in the area of maintaining public law and order and public safety.
At the same time, the Government would like to make a number of comments on the draft law.
The provisions of Paragraphs 1 and 2 of Article 1 of the draft law, which stipulate penal sanctions in the form of the above-mentioned administrative fines for administrative offences set out in Parts 1-3 of Article 20.13 of the COAO (as amended by the draft law) require additional substantiation because the above-mentioned offences present no greater public danger than, for instance, the illegal trafficking and use of drugs and psychotropic substances (See Articles 6.8 and 6.9 of the COAO), forcing minors to drink beer or beverages made from beer, alcoholic beverages or intoxicating substances (See Article 6.10 of the COAO).
The proposal to amend Part 1 of Article 3.5 of the COAO and to increase the maximum administrative fine for individuals to 150,000 roubles for the purpose of enforcing only one article of the Special Section of the COAO also requires additional substantiation.
At the same time, individuals found guilty of violating Parts 2 and 3 of Article 20.13 of the COAO (as amended by the draft law) will have to pay administrative fines, the instruments for committing administrative offences will be confiscated from them, they will be deprived of special rights for a period of three to seven years and subjected to administrative detention. But this runs counter to the requirements of Articles 3.3 and 3.8 of the COAO, as well as the standard rules of prescribing administrative punishment.
The Government believes that the draft law requires substantial revisions in order to address the above-mentioned concerns.