RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE RUSSIAN FEDERATION

of October 24, 2006 No. 18

About some questions arising at courts in case of application of the Special part of the Russian Federation Code of Administrative Offences

On application of Chapter 12 of the Special part of the Russian Federation Code of Administrative Offences

1. - 12. Voided according to the Resolution of the Plenum of the Supreme Court of the Russian Federation of 25.06.2019 No. 20

On application of Chapter 14 of the Special part of the Russian Federation Code of Administrative Offences

13. Resolving issue of whether form actions of person structure of the administrative offense provided by part 1 of article 14.1 Code of the Russian Federation on Administrative Offences it is necessary to check whether the signs of business activity listed in Item 1 of Article 2 of the Civil code of the Russian Federation contain in them (further - the Civil Code of the Russian Federation).

Owing to the called regulation the activities directed to systematic profit earning from use of property, sales of goods, performance of works or rendering services which are performed independently on the risk by person registered in the procedure established by the law as the individual entrepreneur are entrepreneurial. Considering it, separate cases of sales of goods, performance of works, rendering services by person who is not registered as the individual entrepreneur do not form structure of this administrative offense under condition if goods quantity, its assortment, amounts of completed work, and other circumstances do not demonstrate the rendered services that these activities were directed to systematic profit earning.

In particular, testimonies of persons who paid goods, work, services, acknowledgment receipts of money, bank account statements of person brought to the administrative responsibility, deeds of conveyance of goods (performance of works, rendering services) can be the proofs confirming the occupation fact specified persons the activities directed to systematic profit earning if follows from the specified documents that money arrived for realization by these persons of goods (performance of works, rendering services), placement of advertisements, exposure of samples of goods in places of sale, purchase of goods and materials, the conclusion of lease agreements of rooms.

At the same time lack of profit in itself does not influence qualification of offenses, stipulated in Article 14.1 Codes of the Russian Federation on Administrative Offences as generation of profit is the purpose of business activity, but not its obligatory result.

14. As subjects of the administrative responsibility of provision of Chapter 14 of the Code of the Russian Federation on Administrative Offences provide citizens, official and legal entities, individual entrepreneurs.

16. In case of the solution of question of availability in actions of person of signs of structure of the administrative offense provided by part 2 of article 14.1 Code of the Russian Federation on Administrative Offences it is necessary to recognize that according to the paragraph third Item 1 of article 49 Civil Code of the Russian Federation the right to perform activities on which occupation receipt of special permission (license) is necessary arises from the moment of receipt of permission (license) or in the time specified in it and stops after the term of its action (if other is not provided), and also in cases of suspension or cancellation of permission (license).

18. When the administrative responsibility for implementation of business activity without special permission (license) or with violation of the conditions provided in it in addition to the general regulations containing in parts 2 and 3 of article 14.1 Code of the Russian Federation on Administrative Offences is established by other articles Codes of the Russian Federation on Administrative Offences, actions of person are subject to qualification on the special regulation provided by the Code of the Russian Federation on Administrative Offences.

20. In case of qualification of actions of person as regards 3rd article 14.16 Code of the Russian Federation on Administrative Offences it is necessary to consider that violation of other rules of retail sale of alcoholic and alcohol-containing products is violation of any rules of sale of the specified products, except listed in parts 1 and 2 of article 14.16 Code of the Russian Federation on Administrative Offences.

When making the administrative offense provided by part 3 of article 14.16 Code of the Russian Federation on Administrative Offences, additional qualification under article 14.15 Code of the Russian Federation on Administrative Offences (violation of statutory rules of sale of separate types of goods) is not required as part 3 of article 14.16 Code of the Russian Federation on Administrative Offences is special regulation in relation to article 14.15 Code of the Russian Federation on Administrative Offences.

Sale of alcoholic and alcohol-containing products without the corresponding marking forms structure of the administrative offense provided by part 2 of article 15.12 Code of the Russian Federation on Administrative Offences which is special regulation in relation to part 3 of article 14.16 Code of the Russian Federation on Administrative Offences.

Circumstances on which the judge's conclusion that this offense violates the consumer protection law is based shall be given in the resolution on the case of such offense.

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