Theory of everything. Criminal Code on illegal storage and transportation of precious metals, natural precious stones or pearls St 191 of the Criminal Code of the Russian Federation with comments
Possession refers to the possession of an object, regardless of the conditions or places in which it occurs. Transportation is the movement of the subject of the article by any type of land or sea transport between cities and even within the boundaries of one settlement. Recycling - changing the state of an item to create a different end product for both use and future sale. However, removal of the bark, sawing for export, transfer to a third party is not considered processing. I would like to clarify that, first of all, the main danger to the public in violation of this article lies in the possibility of certain groups of persons or enterprises to manipulate illegal timber. This threatens both the ecological state and the forestry of the country. Individual forestry entities of the country have their own plans for timber harvesting in accordance with the established regulations.
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Making a transaction related to precious metals, natural precious stones or pearls, in violation of the rules established by the legislation of the Russian Federation, as well as illegal storage, transportation or shipment of precious metals, natural precious stones or pearls in any form, condition, except for jewelry and household products and scrap of such products committed on a large scale - shall be punishable by compulsory labor for a term of up to five years, or by deprivation of liberty for the same term, with a fine in the amount of up to 500 thousand rubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of up to three years. or without it. 2.
Article 191.1. uk rf
Article 191 Part 1 of the Criminal Code of the Russian Federation
The deeds provided for by this article shall be recognized as committed on a large scale if the value of illegally harvested timber, calculated according to the rates approved by the Government of the Russian Federation, exceeds eighty thousand rubles, and on an especially large scale - two hundred and thirty thousand rubles. 1. The subject of the crime is obviously illegally harvested wood.
Attention
Timber harvesting is an entrepreneurial activity associated with felling forest plantations, skidding, partial processing, storage and removal of wood from the forest (Part 1, Article 29 of the Forest Code of the Russian Federation). Citizens, legal entities carry out timber harvesting on the basis of lease agreements for forest plots.
8 art. 29 of the Forest Code of the Russian Federation). Wood harvesting is carried out in accordance with Art. 30 of the Forest Code of the Russian Federation, by Order of the Federal Forestry Service of August 1, 2011 No.
Article 191 note 1 of the Criminal Code of the Russian Federation
Info
The same acts committed by an organized group or a group of persons by prior agreement, are punishable by forced labor for a term of up to five years, or by deprivation of liberty for a term of up to seven years, with a fine in the amount of up to one million rubles, or in the amount of the wage or other income of the convicted person for the period up to five years or less. 1. The concept of the subjects of this crime is given in Art. 1 of the Federal Law of March 26, 1998 N 41-FZ "On Precious Metals and precious stones» <1.-----------<1 СЗ РФ.
1998. N 13. Art. 1463. 2. On the concept of jewelry, see the Regulations on the procedure for classifying products containing precious metals as jewelry, approved by Order of Roskomdragmet dated 10/30/1996 N 146, letter of the Ministry of Finance of Russia dated 08/06/2003 N 23-02-04 / 752 "On classifying items as jewelry.
Article 191 h 1 of the Criminal Code of the Russian Federation comment
Important
The objective side of the elements of the crime is the illegal circulation of precious metals, natural precious stones or pearls. The turnover is recognized as illegal if it violates the procedure for possession, use and disposal of currency values established by laws and other normative acts, and contradicts the established procedure for their storage, transportation or transfer.
7. The crime can be expressed in the following forms: a) in the commission of a transaction related to the objects of the offense; b) in their illegal storage; c) in their illegal transportation; d) in their illegal transfer. 8. Transactions are purchase and sale, exchange, donation, loan, lease, etc.
transactions with precious metals or precious stones. 9. Mining and production of precious metals and precious stones can only be carried out by legal entities.
From these documents, in particular, it follows that cut gems are the subject of a crime under the commented article. 3. On the concept of a transaction and an invalid transaction, see comments.
to Art. 174. When distinguishing transactions with precious metals and precious stones from other transactions with these items, the provisions of Art. 1 of the Federal Law "On Precious Metals and Precious Stones", which names four types of operations with precious metals and precious stones. The first type includes actions expressed in the transfer of ownership and other property rights to precious metals and precious stones (circulation of precious metals and precious stones), including their use as collateral.
Thus, this type of operation is a transaction. Other types of transactions are not transactions. 4. For the concept of storage and transportation, see
The acts provided for in paragraphs 1 or 2 of this article, committed on an especially large scale, or by an organized group, or by a person using his official position, are punishable by a fine in the amount of 500,000 to 1,500,000 rubles or in the amount of wages or other income. convicted for a period of three to four years, or by forced labor for up to five years with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years, or by deprivation of liberty for a term of up to five years with deprivation of the right to hold certain positions or engage in certain activities for up to three years or without it. Note.
Article 191 part 1 of the Criminal Code of the Russian Federation punishment
The deeds provided for by this article shall be recognized as committed on a large scale if the value of illegally harvested timber, calculated according to the rates approved by the Government of the Russian Federation, exceeds eighty thousand rubles, and on an especially large scale - two hundred and thirty thousand rubles. Determination of the Armed Forces of the Russian Federation N 18-KG15-234 of January 26, 2016
By the verdict of the Soviet District Court of Krasnodar dated July 10, 2014 B.<… осужден за совершение преступления, предусмотренного частью 2 статьи 201 Уголовного кодекса Российской Федерации к 5 годам лишения свободы. Определение ВС РФ N 308-ЭС15-18008 от 9 марта 2016 г. Приговором Краснодарского краевого суда от 04.10.2013, оставленным без изменения апелляционным определением Верховного Суда Российской Федерации от 06.03.2014, директор общества Терескин С.А.
Article 191 Part 2 of the Criminal Code of the Russian Federation
Illegal (in the absence of a license) mining and production of precious metals and stones with their subsequent storage, shipment and transportation are qualified according to the totality of Art. Art. 171 and 191 of the Criminal Code of the Russian Federation (except for the situation when these actions are performed by an individual entrepreneur, since a license for the extraction and production of precious metals and stones is issued only to organizations). 7. Illegal manufacture by citizens of jewelry, dentures and other household items from precious metals and precious stones owned by the manufacturer or customer, as well as the manufacture of these items from jewelry and other household items consisting of precious metals and precious stones, as well as scrap of such products, shall not can be considered as illegal circulation of precious metals and stones.
Such actions, if there are relevant signs, must be qualified under Art.
Article 191 Part 2 of the Criminal Code of the Russian Federation judicial practice
The acts provided for in paragraphs 1 or 2 of this article, committed on an especially large scale, or by an organized group, or by a person using his official position, are punishable by a fine in the amount of 500,000 to 1,500,000 rubles or in the amount of wages or other income. convicted for a period of three to four years, or by forced labor for up to five years with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years, or by deprivation of liberty for a term of up to five years with deprivation of the right to hold certain positions or engage in certain activities for up to three years or without it. Note.
The acts provided for in paragraphs 1 or 2 of this article, committed on an especially large scale, or by an organized group, or by a person using his official position, are punishable by a fine in the amount of 500,000 to 1,500,000 rubles or in the amount of wages or other income. convicted for a period of three to four years, or by forced labor for up to five years with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years, or by deprivation of liberty for a term of up to five years with deprivation of the right to hold certain positions or engage in certain activities for up to three years or without it. Note.
Article 191. Illegal circulation of amber, jade or other semiprecious stones, precious metals, precious stones or pearls
1. Making a transaction related to amber, jade or other semi-precious stones knowingly obtained without permission, as well as their illegal storage, transportation or transfer in any form, condition, with the exception of jewelry and household products and scrap of such products, by a person subjected to administrative punishment for a similar act provided for by Article 7.5 of the Code of the Russian Federation on Administrative Offences, -
Shall be punishable with a fine in the amount of up to one million rubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of up to three years, or by compulsory labor for a term of up to four hundred and eighty hours, or by compulsory labor for a term of up to two years, with a fine in the amount of one hundred thousand to two hundred thousand rubles or in the amount of the salary or other income of the convicted person for a period of one year to eighteen months or without it, or by deprivation of liberty for a term of up to two years with a fine in the amount of one hundred thousand to two hundred thousand rubles or in the amount of the salary or other income convicted for a period of one year to eighteen months or without it.
2. Commitment of a transaction connected with amber, jade or other semi-precious stones knowingly obtained without permission, as well as their illegal storage, transportation or transfer in any form, condition, with the exception of jewelry and household products and scrap of such products, committed on a large scale, -
Shall be punishable by a fine in the amount of up to 2 million roubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of up to 3 years, or by compulsory labor for a term of up to 4 years, or by deprivation of liberty for the same term, accompanied by a fine in the amount of up to 500 thousand roubles, or in the amount of salary or other income of the convicted person for a period of up to three years or without it.
3. Acts provided for by part two
Shall be punishable by a fine in the amount of up to five million rubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of up to five years, or by compulsory labor for a term of up to five years, or by deprivation of liberty for a term of up to six years, with a fine in the amount of up to one million rubles, or the amount of wages or other income of the convicted person for a period of up to five years or without it.
4. Making a transaction related to precious metals, precious stones or pearls, in violation of the rules established by the legislation of the Russian Federation, as well as illegal storage, transportation or shipment of precious metals, precious stones or pearls in any form, condition, except for jewelry and household products and scrap of such products, committed on a large scale -
Shall be punishable by compulsory labor for a term of up to five years, or by deprivation of liberty for the same term, with or without a fine in the amount of up to 500,000 rubles or in the amount of the wage or salary, or any other income of the convicted person for a period of up to three years.
5. The deeds provided for by part four of this article, committed by an organized group or a group of persons by prior agreement, -
Shall be punishable by forced labor for a term of up to five years, or by deprivation of liberty for a term of up to seven years, with or without a fine in the amount of up to one million rubles, or in the amount of the wage or other income of the convicted person for a period of up to five years.
Note. The list of semi-precious stones for the purposes of this Article and Article 255 of this Code is established by the Government of the Russian Federation.
1. Making a transaction related to precious metals, natural precious stones or pearls, in violation of the rules established by the legislation of the Russian Federation, as well as illegal storage, transportation or shipment of precious metals, natural precious stones or pearls in any form, condition, with the exception of jewelry and household products and scrap of such products, committed on a large scale -
shall be punishable by compulsory labor for a term of up to five years, or by deprivation of liberty for the same term, with or without a fine in the amount of up to 500 thousand roubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of up to three years.
2. The same deeds committed by an organized group or a group of persons by prior agreement, -
shall be punishable by compulsory labor for a term of up to five years, or by deprivation of liberty for a term of up to seven years, with or without a fine in the amount of up to one million rubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of up to five years.
Commentary on Article 191 of the Criminal Code of the Russian Federation
1. Subject of the crime:
1) precious metals: gold, silver, platinum and platinum group metals (palladium, iridium, rhodium, ruthenium and osmium). Precious metals can be in any state, form, including in native and refined form, as well as in raw materials, alloys, semi-finished products, industrial products, chemical compounds, coins, scrap and production and consumption waste;
2) precious stones: natural diamonds, emeralds, rubies, sapphires and alexandrites;
3) natural pearls in raw (natural) and processed form;
4) unique amber formations.
The subject of the crime does not include jewelry and household items, scrap of such items.
The absence of an assay mark on a piece of precious metal or a certificate for a cut stone does not turn them into the subject of a crime. Uncut, but pre-machined stones cannot be classified as jewelry.
2. Criminal liability under the commented article occurs for any transactions with precious stones and precious metals committed in violation of the legislation of the Russian Federation on a large scale. The latter may be due to the illegality of their extraction and production.
Transactions concluded between individuals are recognized as illegal. Purchasing organizations and individual entrepreneurs are prohibited from buying rough diamonds, raw natural pearls, precious stones, etc. Mined and produced precious metals (with the exception of nuggets) after the necessary processing must be sent for refining to organizations included in the list approved by the Government of the Russian Federation. The procedure for performing operations with mineral raw materials containing precious metals, prior to refining, is determined by the Government of the Russian Federation.
3. Illegal storage, transportation, transfer will take place when these items were illegally obtained or produced, stolen, obtained as a result of any other crime or acquired as a result of an illegal transaction.
4. Theft of precious metals or precious stones with the subsequent conclusion of illegal transactions requires qualification in the aggregate of crimes - art. Art. 158 - 162 and 191 of the Criminal Code.
5. Illegal transportation or shipment of precious stones and metals across the customs border of the Russian Federation should be qualified according to the totality of Art. Art. 188 and 191 of the Criminal Code.
6. Illegal manufacturing by citizens of jewelry, dentures and other household products from precious metals and precious stones belonging to the manufacturer or customer, which are currency values, the manufacture of these items from jewelry and other household products, consisting of precious metals and precious stones, as well as scrap of such products , cannot be considered as illegal circulation of precious metals and stones.
Such actions, if there are relevant signs, must be qualified under Art. 171 of the Criminal Code.
Another commentary on article 191 of the Criminal Code of the Russian Federation
1. The disposition of the article is of a blanket nature and requires the study of special regulations. The procedure for making transactions involving precious metals, natural precious stones or pearls is established by the Government of the Russian Federation and, accordingly, is regulated by a number of laws and by-laws. The fundamental ones are: Federal Law No. 173-FZ of December 10, 2003 "On Currency Regulation and Currency Control" (as amended on December 6, 2011); Federal Law No. 41-FZ of March 26, 1998 "On Precious Metals and Precious Stones" (as amended on July 19, 2011); Regulations on transactions with precious metals on the territory of the Russian Federation, approved by Decree of the Government of the Russian Federation of June 30, 1994 N 756 (as amended on August 24, 2004).
2. Direct object - the circulation of precious metals, natural precious stones or pearls established by the legislation of the Russian Federation. The subject of the crime as an aggregate concept includes: precious metals - gold, silver, platinum and platinum group metals (palladium, iridium, radium, ruthenium, osmium) in any form and condition; natural precious stones - diamonds, rubies, emeralds, sapphires and alexandrites in raw and processed form; pearl.
Jewelry and other household items made of these stones and scrap of such items do not belong to the subject of the crime.
3. The objective side is characterized by an act committed in various forms and on a large scale. Firstly, this is the conclusion of a transaction related to precious metals, natural precious stones or pearls, in violation of the rules established by the legislation of the Russian Federation. Secondly, it is illegal storage, transportation or shipment of precious metals, natural gems or pearls.
Possession - any illegal actions related to the presence of precious metals or stones in the possession of the perpetrator.
Transportation is the movement of precious metals or precious stones, regardless of the method of transportation.
The transfer is recognized as the movement of precious stones and precious metals in the form of postal, baggage items, when their transportation is carried out without the participation of the sender.
For large size, see note to art. 169 of the Criminal Code.
4. The subjective side is characterized by guilt in the form of direct intent.
5. The subject of the crime - general: a sane person who has reached the age of 16, carrying out illegal actions with the specified items.
6. Part 2 provides for liability for the same acts, but committed by an organized group or a group of persons by prior agreement.
1. Making a transaction related to precious metals, natural precious stones or pearls, in violation of the rules established by the legislation of the Russian Federation, as well as illegal storage, transportation or shipment of precious metals, natural precious stones or pearls in any form, condition, with the exception of jewelry and household products and scrap of such products, committed on a large scale –
shall be punishable by compulsory labor for a term of up to five years, or by deprivation of liberty for the same term, with or without a fine in the amount of up to 500 thousand roubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of up to three years.
2. The same deeds committed by an organized group or a group of persons by prior agreement, -
shall be punishable by compulsory labor for a term of up to five years, or by deprivation of liberty for a term of up to seven years, with or without a fine in the amount of up to one million rubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of up to five years.
Commentary on Art. 191 of the Criminal Code of the Russian Federation
1. The concept of the subjects of this crime is given in Art. 1 of the Federal Law of March 26, 1998 N 41-FZ "On Precious Metals and Precious Stones".
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SZ RF. 1998. N 13. Art. 1463.
2. On the concept of jewelry, see the Regulations on the procedure for classifying products containing precious metals as jewelry, approved by Order of Roskomdragmet dated 10/30/1996 N 146, letter of the Ministry of Finance of Russia dated 08/06/2003 N 23-02-04 / 752 "On the classification of products to jewelry. From these documents, in particular, it follows that cut gems are the subject of a crime under the commented article.
3. On the concept of a transaction and an invalid transaction, see comments. to Art. 174. When distinguishing transactions with precious metals and precious stones from other transactions with these items, the provisions of Art. 1 of the Federal Law "On Precious Metals and Precious Stones", which names four types of operations with precious metals and precious stones. The first type includes actions expressed in the transfer of ownership and other property rights to precious metals and precious stones (circulation of precious metals and precious stones), including their use as collateral. Thus, this type of operation is a transaction. Other types of transactions are not transactions.
4. About the concept of storage and transportation, see comments. to Art. 171.1. The transfer should be understood as the actions of a person aimed at moving precious metals and precious stones, for example, in postal items, parcels, luggage using postal services, air or other means of transport, as well as with a courier in the absence of the latter's awareness of the object actually being moved or his collusion with the sender, when these transfer actions are carried out without the direct participation of the sender. The crime in this form is over from the moment the letter, parcel, luggage, etc. is sent. regardless of whether they are received by the addressee.
5. When determining the illegality (violation of the rules established by the legislation of the Russian Federation) of a transaction, as well as the illegality of storage, transportation or transfer, one should proceed from the fact that any actions with precious metals and natural precious stones must comply with the procedure established for them by the legislator.
For example, according to paragraphs 3 and 4 of Art. 2 of the Federal Law “On Precious Metals and Precious Stones”, subsoil plots containing precious metals and precious stones can be allocated for use only on the basis of licenses issued in accordance with the subsoil legislation of the Russian Federation for the extraction of precious metals and precious stones, and the owners of those mined from subsoil of precious metals and precious stones become the subjects of the extraction of these values (with a number of exceptions), only if the values were obtained by them during the extraction lawfully, while the Russian Federation is the owner of the illegally mined precious metals and precious stones.
Based on this requirement, a person who illegally obtained precious metals or precious stones and therefore did not become their owner cannot, therefore, take actions aimed at establishing, changing or terminating the rights associated with these values, and, therefore, by selling them, giving, giving as payment for a debt, etc., this person will make a transaction with the indicated values that does not comply with the rules established by law.
6. Purchase and sale transactions, donations, etc., made between individuals who are not individual entrepreneurs, if the subject of such a transaction is gold, silver bullion or items containing gold and silver and not related to jewelry and other household items , form the composition of this crime, since these persons are not named in the Regulations on transactions with precious metals on the territory of the Russian Federation among the entities that are allowed to make such transactions.
7. According to note. to Art. 169 of the Criminal Code, a large amount is more than 1 million 500 thousand rubles. The amount is determined based on the market value of precious metals and stones that have become the subject of a crime.
8. The subjective side is direct intent.
9. The subject of the crime is general.
10. On the concept of a group of persons by prior agreement and an organized group, see comment. to Art. 35.
11. Illegal mining of precious stones and precious metals is neither theft nor an illegal transaction with these values. However, after these valuables are illegally obtained and, as a result, become the property of the Russian Federation (clause 4, article 2 of the Federal Law “On Precious Metals and Precious Stones”), they can become the subject of theft.
State Duma of the Russian Federation, 1996, 2008, 2010, 2012, 2019
Article 191. Illegal circulation of amber, jade or other semiprecious stones, precious metals, precious stones or pearls
1. Making a transaction related to deliberately arbitrarily mined amber, jade or other semi-precious stones, as well as their illegal storage, transportation or shipment in any form, condition, with the exception of jewelry and household products and scrap of such products, or subjected to administrative punishment for a similar act provided for by Article 7.5 of the Code of the Russian Federation on Administrative Offences, -
shall be punishable by a fine in the amount up to one million rubles, or in the amount of the wage or salary, or any other income of the convicted person for a period up to three years, or by compulsory labor for a term of up to four hundred and eighty hours, or by compulsory labor for a term of up to two years, with a fine in the amount of one hundred thousand to two hundred thousand rubles or in the amount of the salary or other income of the convicted person for a period of one year to eighteen months or without it, or by deprivation of liberty for a term of up to two years with a fine in the amount of one hundred thousand to two hundred thousand rubles or in the amount of the salary or other income convicted for a period of one year to eighteen months or without it.
2. Commitment of a transaction connected with amber, jade or other semi-precious stones knowingly obtained without permission, as well as their illegal storage, transportation or transfer in any form, condition, with the exception of jewelry and household products and scrap of such products, committed on a large scale, -
shall be punishable by a fine in the amount of up to 2 million roubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of up to 3 years, or by compulsory labor for a term of up to 4 years, or by deprivation of liberty for the same term, accompanied by a fine in the amount of up to 500 thousand roubles, or in the amount of salary or other income of the convicted person for a period of up to three years or without it.
3. The deeds provided for by paragraph two of this article, committed by an organized group or a group of persons by prior agreement, -
shall be punishable by a fine in the amount of up to five million rubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of up to five years, or by compulsory labor for a term of up to five years, or by deprivation of liberty for a term of up to six years, with a fine in the amount of up to one million rubles, or the amount of wages or other income of the convicted person for a period of up to five years or without it.
4. Making a transaction related to precious metals, precious stones or pearls, in violation of the rules established by the legislation of the Russian Federation, as well as illegal storage, transportation or shipment of precious metals, precious stones or pearls in any form, condition, except for jewelry and household products and scrap of such products, committed on a large scale -
shall be punishable by compulsory labor for a term of up to five years, or by deprivation of liberty for the same term, with or without a fine in the amount of up to 500 thousand roubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of up to three years.
5. The deeds provided for by part four of this article, committed by an organized group or a group of persons by prior agreement, -
shall be punishable by compulsory labor for a term of up to five years, or by deprivation of liberty for a term of up to seven years, with or without a fine in the amount of up to one million rubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of up to five years.
Note. The list of semi-precious stones for the purposes of this Article and Article 255 of this Code is established by the Government of the Russian Federation.
Article 7.5 of the Code of Administrative Offenses (as amended on December 20, 2017) Unauthorized mining of amber, jade or other semi-precious stones
Unauthorized extraction of amber, jade or other semi-precious stones, or transportation or storage for the purpose of selling illegally obtained amber, jade or other semi-precious stones in natural or processed form, or sale of illegally obtained amber, jade or other semi-precious stones in natural or processed form, if such actions do not contain a criminally punishable act, -
shall entail the imposition of an administrative fine on citizens in the amount of two hundred thousand to five hundred thousand rubles with or without confiscation of the instrument for committing the administrative offense; on officials -
from five hundred thousand to eight hundred thousand rubles with or without confiscation of the instrument for committing an administrative offense; for legal entities -
from ten million to sixty million rubles with or without confiscation of the instrument for committing an administrative offense.
Article 19.14. Code of Administrative Offenses (as amended on 07.12.2011) Violation of the rules for the extraction, production, use, circulation, receipt, accounting and storage of precious metals, pearls, precious stones or products containing them
Violation of the established rules for the extraction, production, use, circulation (trade, transportation, forwarding, pledge transactions, transactions made by banks with individuals and legal entities), receipt, accounting and storage of precious metals, pearls, precious stones or products containing them, and is equal to the rules for collection and delivery to the state fund of scrap and waste of such metals, stones or products -
shall entail the imposition of an administrative fine on citizens in the amount of three thousand to five thousand roubles; on officials of organizations that carry out operations with precious metals, precious stones in all types or products containing them, -
from ten thousand to fifteen thousand rubles; for legal entities -
from thirty thousand to fifty thousand rubles.
Large size (as amended on 12/27/2018)
The cost, damage, income or debt in the amount exceeding two million two hundred and fifty thousand rubles is recognized as a large amount, large damage, income or debt in a large amount, and especially large - nine million rubles.
List of semi-precious stones (from 31.08.18)
Beryl, including aquamarine, heliodor.
COMMENT on gold
According to Part 1 of Art. 191 criminal liability is established for a transaction involving precious metals in violation of the legislation of the Russian Federation, as well as illegal storage, transportation or transfer of precious metals in any form and condition, with the exception of jewelry and household items and scrap of such items.
The objective side of this crime is the commission of the following alternative acts:
illegal transactions with precious metals;
illegal storage, transportation or transfer of precious metals.
These acts are illegal when they are committed in violation of regulatory legal acts regulating the sphere of circulation of precious metals. There are many such acts for legal entities. Violation of any of them threatens with troubles, including the confiscation of gold.
For individuals, almost everything is prohibited that is a reason for the confiscation of gold in any case when it is found.
It is difficult to prove the fact of a transaction with gold, therefore, most often, gold miners are held accountable for its illegal storage.
The subject of the crime can be any natural sane person who has reached the age of 16, both private and official (for example, heads of mining organizations, refineries, purchasing enterprises).
The subjective side is characterized by guilt only in the form of direct intent. The perpetrator is aware that he is carrying out transactions with precious metals, is aware of the social danger of acts with them, and wants to commit any of the listed acts.
As for the subject of the crime - the precious metals themselves - then, according to paragraph 2 of Art. 30 of the Law on Precious Metals, they are subject to confiscation and subsequent mandatory surrender to the State Fund of Russia.
EXAMPLES OF OFFENSES
20.04.09. VOSTOK-MEDIA - A policeman from Vladivostok was detained at the Chita-II station for illegally transporting 100 grams of loose native gold worth 95,000 rubles.
According to the news agency "Chita.Ru" in the press service of the Trans-Baikal Department of Internal Affairs on transport, a criminal case was initiated under Art. 191 of the Criminal Code of the Russian Federation "Illegal storage, transportation of precious metal".
“The man who was transporting the gold turned out to be a police officer from Vladivostok, who was on his way home from vacation from the Karymsky district. Now the carrier of "treasures" can expect a fine in the amount of 100 to 500 thousand rubles," the press service said.
On 17.04.09 militiamen of the Department of Internal Affairs in the Susumansky district of Kolyma detained a 70-year-old citizen during the operational-search activities on the Forgotten Creek, 130 km from the regional center. As a REGNUM correspondent was told on April 20 by the press service of the Internal Affairs Directorate for the Magadan Region, 10 grams of industrial gold, which was illegally mined, was found and confiscated from him. http://www.regnum.ru/news
08/19/2008 - More than 1.2 kg of gold-bearing sand, from which, according to preliminary estimates, more than 200 grams of pure gold can be obtained, was seized by employees of the East Siberian Department of Internal Affairs in transport. As a REGNUM correspondent was told on August 19 in the press service of the East Siberian Department of Internal Affairs, during the inspection of postal items from the city of Bodaibo, Irkutsk Region, at the city airport, police officers were suspicious of a parcel sent by a prospector of one of the local gold mining artels. It contained a box of chocolates and two cans of coffee. When checking on special equipment in coffee jars, extraneous attachments were revealed - packages with gold-bearing sand. Currently, a criminal case has been initiated under Article 191 of the Criminal Code of the Russian Federation "Illicit trafficking in precious metals, natural precious stones or pearls", and an investigation is underway.
09/17/08 - The Investigation Department at the Internal Affairs Directorate for the Magadan Region, based on the materials of the UBEP, initiated a criminal case under Art. 191 part 2 of the Criminal Code of the Russian Federation in relation to B. Mutsolgov, born in 1966, director of Kvant LLC, who on August 25, under the guise of products from a mine located in the Olsky district, tried to hand over for processing at the Kolyma Refinery OJSC illegally acquired from private persons slip gold. This was reported to IA REGNUM in the press service of the Ministry of Internal Affairs of the Russian Federation. The total weight of the precious metal was 7 kg 575 g, the cost was 4 million 242 thousand rubles.
2008 - During the operation "Nugget-2008" two prospectors were detained in a day, from whom 56 grams of industrial gold were confiscated. As the information department of the Internal Affairs Directorate for the Magadan region told the Far East, one was detained in the Tenkinsky district, the other in Omsukchansky. On the night of June 6, at the Bolshoy Chalbykan site, 70 km from the village of Ust-Omchug, police officers detained a 52-year-old man who was found to have 50 g of industrial gold, which was illegally mined. On the afternoon of June 6, police officers of the Omsukchan District Department of Internal Affairs, in the course of carrying out operational-search activities in the regional center - in the village of Omsukchan - near the house 11 on Lenin Street, detained a local resident born in 1973, who was trying to sell six grams of industrial gold in the village (RIA Sever, 2008 , June 5).
On November 25, 2004, in the course of carrying out operational-search activities, officers of the Department of Economic Crimes of the Susuman District Department of Internal Affairs on the Cherdak Creek detained an underground miner who was illegally mining gold. As the press service of the Ministry of Internal Affairs of the Russian Federation for the Far East told the news agency "Deita.RU", the "prospector" turned out to be a 28-year-old woman. An Evenka, a resident of the city of Susuman, who did not work anywhere, by the time the operatives arrived, had already managed to extract 5 grams of gold. At first glance, the "catch" is not great, but, according to the information available to the police, this is not her first trip for the precious metal. The gold was confiscated, the prospector was detained. The issue of initiating a criminal case against her is being decided.
16.07.04. Two miners who were engaged in illegal gold mining were detained by police officers. According to MVDinform.ru, according to the information department of the Main Directorate of the Ministry of Internal Affairs of Russia for the Far Eastern Federal District, operatives detained gold diggers on a mothballed dredge 50 km from the city of Aldan. 39.5 kg of gold concentrate were confiscated from the perpetrators, one of whom was already prosecuted, and sent for examination. The miners are in a temporary detention facility. A criminal case was initiated against them under the article “Illicit trafficking in precious metals”.
12.05.04. Employees of the Ministry of Internal Affairs of the Republic of Sakha (Yakutia) at the deposit of the Tigirgachi stream, the right tributary of the Nera River, detained two citizens who were not working anywhere - men born in 1965 and 1977, residents of the village of Ust-Nera (the eldest of them was a native of Moscow, the second arrived in Yakutia from sunny Kazakhstan), who were engaged in illegal gold mining with the help of a traditional miner's set: a shovel and a screen, at a spent landfill. At the time of detention by police officers, 22.29 gr. industrial gold. Considering that the mini-artel managed to work for only two days, the “catch” is quite good. The men prepared thoroughly for work: they dug out a dugout for themselves, settled down with all possible comfort and, apparently, were going to settle in it for a long time. The mined gold was carefully kept by criminal miners on the ceiling of their temporary housing. On the fact of illegal gold mining, these citizens initiated a criminal case under part 2 of article 191 of the Criminal Code of the Russian Federation "Illegal trafficking in precious metals, natural precious stones or pearls (on a large scale)". They face imprisonment for a term of 5 to 10 years with confiscation of property.
One of the Yakut prospecting artels also burned down on the illegal circulation of precious metals. It turned out that even during the washing season of 2001, Selena LLC, which produced industrial gold mining in the Oymyakonsky district, without being the owner of the gold it mined, handed over 13 kilograms of industrial gold to the refinery as its own. On this fact, a criminal case was initiated under Part 2 of Article 191 of the Criminal Code of the Russian Federation.
In June 2000, a criminal case was initiated against the chairman of one of the gold-mining artisanal artels of Kamchatka on the fact of illegal transportation of precious metals on a large scale under Art. 191 part 2 p. "b" of the Criminal Code of the Russian Federation. (As amended in 2000, for illegal storage under paragraph “b” “on an especially large scale” it was provided for up to 10 years in prison).
The circumstances of the case are as follows. At the beginning of June 2000, on the territory of one of the airfields near Moscow, during the inspection of an aircraft IL-76, which arrived from the Kamchatka region, a car was found, in the cabin of which 5 special containers-parcels with slip gold with a total weight of 97510 grams were found. The chairman of the artel accompanying the cargo testified that the mineral raw materials belonged to his artel and he was taking it to the Prioksky non-ferrous metal plant for refining. This case received a lot of attention in the media. Much has been said about the error of law enforcement agencies in relation to the chairman of the Kamchatka artel. So, according to the defendant's lawyer, what happened is nothing more than a misunderstanding. The chairman of the artel had all the documents for raw materials and took them to the plant for refining. The unusual method of transportation was chosen out of a desire to save on field communications services, which were usually used to deliver gold ore to refineries. Such services would cost artels about 45 thousand dollars.
According to the lawyer, his client deserves the maximum administrative fine for violating the rules for the transportation of precious metals. However, this is not in line with current regulations. According to paragraph 3 of Art. 29 of the Law on Precious Metals, transportation of precious metals is carried out by air, water, rail and special road transport, equipped with appropriate technical means, accompanied by armed guards.
In addition, in accordance with Art. 22 of the Federal Law "On Postal Communications" acceptance from legal entities operating within the powers established by law, mail containing precious metals, their transportation and delivery are carried out exclusively by the forces and means of special communications of the federal executive body that manages activities in the field of communications .
As follows from the materials of the case, this requirement of the Law was violated, moreover, intentionally, since the chairman of the artel knew about the need to transport precious metals only by special courier, but decided to save money. In the above case, all signs of the corpus delicti under Part 2 of Art. 191 of the Criminal Code. The actions of law enforcement agencies to initiate a criminal case appear to be justified. As for administrative responsibility for "violating the rules for the transportation of precious metals," there is no such rule in the current legislation.
01/23/2012 - RIA Novosti. A court in Yakutia has sentenced a local resident to three years of probation for illegal possession of more than two kilograms of natural gold, which he hid in a cache in the forest, the press service of the Russian Interior Ministry for the Far Eastern Federal District reported on Monday.
It is noted that last fall, operatives caught a man red-handed when he took out hidden gold. In addition to the precious metal, electronic scales and personal documents of the detainee were found in the cache.
The examination showed that the withdrawn slip gold contains more than 1.7 kilograms of chemically pure gold and about 180 grams of silver. The total cost of precious metals is more than three million rubles.
"The court found the man guilty under Part 2 of Article 191 of the Criminal Code of the Russian Federation (illegal trafficking in precious metals, committed on a large scale) and sentenced the man to three years' imprisonment on probation with a probationary period of 1.5 years," the report says.
23.03.19 - Vladivostok. The Pacific Fleet Military Court in Vladivostok sentenced former FSB investigator Konstantin Kostenko to 11 years in prison for stealing industrial gold seized during investigations by intelligence officers. Precious material evidence disappeared from the office of the FSB major.
Former senior investigator of the Federal Security Service of the Russian Federation for the Magadan Region, Konstantin Kostenko, was accused of stealing gold nuggets weighing 1.5, 2.5 and 8 kg in 2013-2015 “out of selfish motives” (the exact total weight is 12,114.37 g ) worth 22.6 million rubles. These nuggets were material evidence in several criminal cases on the illegal circulation of precious metals, which were led by Major Kostenko.
Having access to gold nuggets, according to the indictment, the investigator Kostenko replaced them with less "precious metals". Having committed the theft, Major Kostenko, according to investigators, sold gold between March 2 and April 6, 2015, “causing damage to the state on an especially large scale by his actions.”
On the fact of the loss of native gold from material evidence in March 2016, a criminal case was initiated under paragraph “b” of Part 4 of Art. 158 of the Criminal Code of the Russian Federation (“Theft”). Initially, the proceedings were conducted by the military investigation department of the Investigative Committee of Russia for the Khabarovsk garrison, and on December 28, 2016, the case was transferred to a higher investigative body - the military investigation department of the TFR for the Eastern Military District. In March of the following year, investigator Kostenko fell under suspicion, and on July 12 he was detained.
According to the investigation, Konstantin Kostenko actively opposed the “criminal proceedings”. So, he “re-registered the property acquired at the expense of money received as a result of criminal activity” to other persons, and “in order to conspire and hide the traces of his criminal activity, he began to use Internet messengers (Skype, Whatsapp) by stopping the use of telephone communications. In addition, according to the investigation, through his father, Major Kostenko put pressure on witnesses in order to persuade them to refuse to testify.
At the same time, Konstantin Kostenko himself insists on innocence.
“The keys to Kostenko’s office, where the gold was allegedly exchanged, were also held by other employees of the FSB department,” said Sergey Radmaev, the defendant’s lawyer. He added that neither gold nuggets nor large sums of money were found with his client, nor did he make expensive purchases.
The investigation believes that he replaced gold with other precious metals.
- The court sentenced him to 11 years in prison in a penal colony and a fine of 500 thousand rubles. The court also satisfied the claim of the Gokhran of Russia for reimbursement of the cost of stolen native gold for 23.8 million rubles, - commented the representative of the prosecution.
