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FEDERAL LAW OF THE RUSSIAN FEDERATION

of July 23, 2013 No. 196-FZ

About introduction of amendments to the Russian Federation Code of Administrative Offences and article 28 of the Federal law "About Traffic Safety"

(as amended of the Federal Law of the Russian Federation of 31.12.2014 No. 528-FZ)

Accepted by the State Duma on July 3, 2013

Approved by the Federation Council on July 10, 2013

Article 1

Bring in the Russian Federation Code of Administrative Offences (The Russian Federation Code, 2002, No. 1, Art. 1; No. 18, Art. 1721; No. 30, Art. 3029; No. 44, Art. 4295; 2003, No. 27, Art. 2700, 2708, 2717; No. 46, Art. 4434, 4440; No. 50, Art. 4847, 4855; 2004, No. 31, Art. 3229; No. 34, Art. 3529, 3533; No. 44, Art. 4266; 2005, No. 1, Art. 9, 13, 40, 45; No. 10, Art. 763; No. 13, Art. 1075, 1077, 1079; No. 17, Art. 1484; No. 19, Art. 1752; No. 27, Art. 2719, 2721; No. 30, Art. 3104, 3131; No. 50, Art. 5247; No. 52, Art. 5574; 2006, No. 1, Art. 4, 10; No. 2, Art. 172; No. 6, Art. 636; No. 10, Art. 1067; No. 12, Art. 1234; No. 17, Art. 1776; No. 18, Art. 1907; No. 19, Art. 2066; No. 23, Art. 2380; No. 31, Art. 3420, 3438, 3452; No. 45, Art. 4641; No. 50, Art. 5279, 5281; No. 52, Art. 5498; 2007, No. 1, Art. 21, 25, 29; No. 7, Art. 840; No. 15, Art. 1743; No. 16, Art. 1825; No. 26, Art. 3089; No. 30, Art. 3755; No. 31, Art. 4007, 4008; No. 41, Art. 4845; No. 43, Art. 5084; No. 46, Art. 5553; 2008, No. 18, Art. 1941; No. 20, Art. 2251, 2259; No. 30, Art. 3604; No. 49, Art. 5745; No. 52, Art. 6227, 6235, 6236, 6248; 2009, No. 1, Art. 17; No. 7, Art. 777; No. 19, Art. 2276; No. 23, Art. 2759, 2776; No. 26, Art. 3120, 3122; No. 29, Art. 3597, 3642; No. 30, Art. 3735, 3739; No. 48, Art. 5711, 5724; No. 52, Art. 6406, 6412; 2010, No. 1, Art. 1; No. 15, Art. 1743; No. 18, Art. 2145; No. 19, Art. 2291; No. 21, Art. 2525; No. 23, Art. 2790; No. 27, Art. 3416, 3429; No. 30, Art. 4000, 4002, 4006, 4007; No. 31, Art. 4158, 4164, 4192, 4193, 4195, 4206, 4207, 4208; No. 41, Art. 5192; No. 49, Art. 6409; 2011, No. 1, Art. 10, 23, 54; No. 7, Art. 901; No. 15, Art. 2039; No. 17, Art. 2310; No. 19, Art. 2714, 2715; No. 23, Art. 3260, 3267; No. 27, Art. 3873, 3881; No. 29, Art. 4290, 4298; No. 30, Art. 4573, 4585, 4590, 4598, 4600, 4601, 4605; No. 46, Art. 6406; No. 47, Art. 6602; No. 48, Art. 6728; No. 49, Art. 7025, 7061; No. 50, Art. 7342, 7345, 7346, 7351, 7352, 7355, 7362, 7366; 2012, No. 6, Art. 621; No. 10, Art. 1166; No. 19, Art. 2278, 2281; No. 24, Art. 3068, 3069, 3082; No. 29, Art. 3996; No. 31, Art. 4320, 4330; No. 47, Art. 6402, 6403, 6404, 6405; No. 49, Art. 6757; No. 53, Art. 7577, 7602, 7640, 7641, 7643; 2013, No. 14, Art. 1651, 1657, 1666; No. 19, Art. 2319, 2323, 2325; Russian newspaper, 2013, on July 2) following changes:

1) in Article 3.3:

a) part 1 after the words "deprivation of the special right granted to physical person" to add with the words "except for rights of vehicle control";

b) part 2 after the words "Confiscation of the Tool of Making or Subject of Administrative Offence" to add with the words "deprivation of the special right in the form of the right of vehicle control", to add with the offer of the following content: "Deprivation of the special right in the form of the right of vehicle control is applied as additional administrative punishment for making of the administrative offenses provided by parts 1, 2 and 4 Articles 12. 8, part 1 of Article 12. 26, part 3 of Article 12.27 of this Code.";

2) in Article 3.5:

a) in paragraph one of part of 1 word "five thousand rubles, in the cases provided by Articles 5. 14.1.2" shall be replaced with words 26, "five thousand rubles, in the cases provided by Articles 5. 26, 12.7, 12.8, part 2 of Article 12. 24, Article 12. 26, part 3 of Article 12. 27, Articles 12. 33, 14.1.2";

b) add part 2 with words ", and for making of administrative offense in the field of traffic - less than five hundred rubles";

3) regarding 3rd Article 3.8 of the word "parts 1 and 4 of Article 12. 8, part 1 of Article 12." Shall be replaced with words 26, "Article 12. 8, part 3 of Article 12. 10, part 5 of Article 12. 15, part 3.1 of Article 12. 16, Articles 12. 24, 12.26,";

Shall be replaced with words 4) regarding 3.1 Articles 4.1 of the word "in the largest size provided for citizens by part 1 of Article 3.5 of this Code" "in the amount of five thousand rubles";

Item 2 of part 1 of Article 4.3 to state 5) in the following edition:

"2) repeated making of homogeneous administrative offense, that is making of administrative offense when person is considered subjected to administrative punishment according to Article 4.6 of this Code for making of homogeneous administrative offense;";

Shall be replaced with words 6) regarding 1 Article 4.5 of the word "the entailed causing lung or average weight of harm to health of the victim" "provided by Articles 12. 8, 12.24, 12.26, part 3 of Article 12. 27, part 2 of Article 12.30 of this Code";

Article 4.6 to state 7) in the following edition:

"Article 4.6. The term during which person is considered subjected to administrative punishment

Person to whom administrative penalty for making of administrative offense is imposed is considered subjected to this punishment from the date of the introduction in legal force of the resolution on purpose of administrative punishment before the expiration of one year from the date of the end of execution of this resolution.";

8) in paragraph one of part 3 of Article 5.35 of the word "within year" to exclude;

In paragraph one of part 2 of Article 6.7 of the word "within year" to exclude 9);

The second Article 8.23 of the word "from hundred to three hundred" to replace 10) in the paragraph with the word of "five hundred";

In paragraph one of part 3 of Article 9.4 of the word "within year" to exclude 11);

In paragraph one of part 3 of Article 9.5.1 of the word "within year" to exclude 12);

In paragraph one of part 2 of Article 9.21 of the word "within year" to exclude 13);

14) in Article 12.1:

a) in the paragraph the second 1 word of "three hundred" to replace parts with the word of "five hundred";

b) add with part 1.1 following of content:

"1.1. Repeated making of the administrative offense provided by part of 1 this Article -

attracts imposing of administrative penalty in the amount of five thousand rubles or deprivation of the right of control of vehicles for a period of one up to three months.";

15) in Article 12.3:

a) in the paragraph the second 1 word of "hundred" to replace parts with the word of "five hundred";

b) in the paragraph the second the word of "hundred" to replace parts 2 with the word of "five hundred";

c) in the paragraph the second to exclude parts 3 of the word "prevention or", shall be replaced with words the word of "hundred" "three thousand";

16) in Article 12.4:

a) in the paragraph the second shall be replaced with words parts 1 of the word "two thousand five hundred" "three thousand";

b) in the paragraph the second shall be replaced with words parts 2 of the word "two thousand five hundred" "five thousand";

c) in the paragraph the second shall be replaced with words parts 3 of the word "two thousand five hundred" "five thousand";

17) in Article 12.5:

a) in the paragraph the second 1 word of "hundred" to replace parts with the word of "five hundred";

b) in the paragraph the second to exclude parts 2 of the word "from three hundred to";

The second Article 12.6 the word of "five hundred" shall be replaced with words 18) in the paragraph "one thousand";

19) in Article 12.7:

a) in the paragraph the second shall be replaced with words parts 1 of the word "two thousand five hundred" "from five thousand to fifteen thousand";

b) in part 2:

in paragraph one of the word "deprived of the law of vehicle control" shall be replaced with words "deprived of the right of control of vehicles";

state paragraph two in the following edition:

"attracts imposing of administrative penalty in the amount of thirty thousand rubles, or administrative detention for a period of up to fifteen days, or obligatory works for a period of hundred till two hundred o'clock.";

c) in the paragraph the second shall be replaced with words parts 3 of the word "two thousand five hundred" "thirty thousand";

Article 12.8 to state 20) in the following edition:

"Article 12.8. Vehicle control by the driver who is in state of intoxication, transfer of vehicle control to person which is in state of intoxication

1. Vehicle control by the driver who is in state of intoxication -

attracts imposing of administrative penalty in the amount of thirty thousand rubles with deprivation of the right of control of vehicles for a period of one and a half up to two years.

2. Transfer of vehicle control to person which is in state of intoxication -

attracts imposing of administrative penalty in the amount of thirty thousand rubles with deprivation of the right of control of vehicles for a period of one and a half up to two years.

3. Vehicle control by the driver who is in state of intoxication and not having the right of control of vehicles or deprived of the right of control of vehicles -

attracts administrative detention for a period of ten up to fifteen days or imposing of administrative penalty on persons to whom according to this Code administrative detention, in the amount of thirty thousand rubles cannot be applied.

4. Ceased to be valid according to the Federal Law of the Russian Federation of 31.12.2014 No. 528-FZ

paragraph two of ceased to be valid according to the Federal Law of the Russian Federation of 31.12.2014 No. 528-FZ

Note. The use of the substances causing alcoholic or drug intoxication, or psychotropic or causing intoxication of other substances is forbidden. The administrative responsibility provided by this Article and part 3 of Article 12.27 of this Code comes in case of established fact of the use of the substances causing alcoholic intoxication which is determined by availability of absolute ethyl alcohol in the concentration exceeding possible total error of measurements, namely milligram 0,16 on one liter of the exhaled air or in case of availability of drugs or psychotropic substances in human body.";

21) in Article 12.9:

a) recognize part 1 invalid;

b) in the paragraph the second the word of "three hundred" to replace parts 2 with the word of "five hundred";

c) the paragraph one of part 4 after the words "more than 60" to add with words ", but no more than 80";

d) add with parts 5 - 7 following contents:

"5. Exceeding of the established speed of movement of the vehicle at size more than 80 kilometers per hour -

attracts imposing of administrative penalty in the amount of five thousand rubles or deprivation of the right of control of vehicles for the term of six months.

6. Repeated making of the administrative offense provided by part 3 of this Article -

attracts imposing of administrative penalty at the rate from two thousand to two thousand five hundred rubles.

7. Repeated making of the administrative offense provided by parts 4 and 5 of this Article -

attracts deprivation of the right of control of vehicles for the term of one year, and in case of fixing of administrative offense with the special technical means working in the automatic mode having functions photo and filmings, videos - imposing of administrative penalty in the amount of five thousand rubles.";

22) in Article 12.10:

a) in the paragraph the second 1 word of "five hundred" shall be replaced with words parts "one thousand";

b) in the paragraph the second the word of "hundred" shall be replaced with words parts 2 "one thousand";

23) in Article 12.11:

a) in the paragraph the second to exclude parts 1 of the word "prevention or", shall be replaced with words the word of "hundred" "one thousand";

b) in the paragraph the second to exclude parts 2 of the word "prevention or", shall be replaced with words the word of "hundred" "one thousand";

c) in the paragraph the second part 3 of the word "from three hundred to five hundred" shall be replaced with words "two thousand five hundred";

24) Article 12.12 to add with part 3 following of content:

"3. Repeated making of the administrative offense provided by part of 1 this Article -

attracts imposing of administrative penalty in the amount of five thousand rubles or deprivation of the right of control of vehicles for a period of four up to six months.";

25) in Article 12.14:

a) in the paragraph the second 1 word of "hundred" to replace parts with the word of "five hundred";

b) in the paragraph the second the word of "hundred" to replace parts 1.1 with the word of "five hundred";

c) in the paragraph the second the word of "hundred" to replace parts 2 with the word of "five hundred";

d) in the paragraph the second the word of "hundred" to replace parts 3 with the word of "five hundred";

26) in the paragraph the second part 1 of Article 12.15 the word of "five hundred" shall be replaced with words "one thousand five hundred";

The second parts 1 of Article 12.16 the word of "three hundred" to replace 27) in the paragraph with the word of "five hundred";

28) in Article 12.17:

a) in the paragraph the second to replace parts 1 of the word "from hundred to three hundred" with the word of "five hundred";

b) part in paragraph one "parts 3 and 4 of Article 12.15" shall be replaced with words 1.1 words "parts 3 - the 5th Article 12.15";

c) in the paragraph the second to exclude parts 2 of the word "from three hundred to";

29) in the paragraph the second Article 12.18 of the word "from eight hundred to one thousand" shall be replaced with words "one thousand five hundred";

The second parts 1 of Article 12.19 the word of "three hundred" to replace 30) in the paragraph with the word of "five hundred";

The second Article 12.20 the word of "hundred" to replace 31) in the paragraph with the word of "five hundred";

The second parts 1 of Article 12.21 the word of "hundred" to replace 32) in the paragraph with the word of "five hundred";

The second Article 12.22 the word of "hundred" to replace 33) in the paragraph with the word of "five hundred";

34) in Article 12.23:

a) in paragraph one of part of 1 word "part 2" shall be replaced with words "parts 2 and 3";

b) in the paragraph the second shall be replaced with words parts 2 of the word "from five hundred to seven hundred" "one thousand";

c) add with part 3 following of content:

"3. Violation of requirements to transportation of the children established by Traffic regulations -

attracts imposing of administrative penalty in the amount of three thousand rubles.";

35) in Article 12.24:

a) in the paragraph the second shall be replaced with words parts 1 of the word "from one thousand to one thousand five hundred" "from two thousand five hundred to five thousand";

b) in the paragraph the second shall be replaced with words parts 2 of the word "from two thousand to two thousand five hundred" "from ten thousand to twenty five thousand";

36) in Article 12.25:

a) in the paragraph the second to replace parts 1 of the word "from hundred to two hundred" with the word of "five hundred";

b) in the paragraph the second shall be replaced with words parts 2 of the word "from two hundred to five hundred" "from five hundred to eight hundred";

c) in the paragraph the second to exclude parts 3 of the word "prevention or", shall be replaced with words the words "from two hundred to five hundred" "from five hundred to eight hundred";

Article 12.26 to state 37) in the following edition:

"Article 12.26. Failure to carry out by the transport driver of the requirement about passing of medical examination of state of intoxication

1. Failure to carry out by the transport driver of the legal requirement of the authorized officer about passing of medical examination on state of intoxication -

attracts imposing of administrative penalty in the amount of thirty thousand rubles with deprivation of the right of control of vehicles for a period of one and a half up to two years.

2. Failure to carry out by the transport driver who does not have the right of control of vehicles or deprived of the right of control of vehicles, the legal requirement of the authorized officer about passing of medical examination on state of intoxication -

attracts administrative detention for a period of ten up to fifteen days or imposing of administrative penalty on persons to whom according to this Code administrative detention, in the amount of thirty thousand rubles cannot be applied.";

Paragraph two of part 3 of Article 12.27 to state 38) in the following edition:

"attracts imposing of administrative penalty in the amount of thirty thousand rubles with deprivation of the right of control of vehicles for a period of one and a half up to two years.";

39) in Article 12.29:

a) in the paragraph the second 1 word of "two hundred" to replace parts with the word of "five hundred";

b) in the paragraph the second to exclude parts 2 of the word "prevention or", to replace the word of "two hundred" with the word of "eight hundred";

c) in the paragraph the second shall be replaced with words parts 3 of the word "from three hundred to five hundred" "from one thousand to one thousand five hundred";

The second parts 1 of Article 12.30 the word of "three hundred" shall be replaced with words 40) in the paragraph "one thousand";

The second Article 12.33 of the word "one thousand five hundred" shall be replaced with words 41) in the paragraph "from five thousand to ten thousand", shall be replaced with words the word of "five" to "twenty five", to replace the word of "two hundred" with the word of "three hundred";

The second Article 12.34 of the word "from twenty thousand to thirty" to replace 42) in the paragraph with the word of "three hundred";

The second Article 12.36.1 of the word "prevention or" to exclude 43) in the paragraph, the word of "three hundred" shall be replaced with words "one thousand five hundred";

44) in Article 12.37:

a) in the paragraph the second 1 word of "three hundred" to replace parts with the word of "five hundred";

b) in the paragraph the second to exclude parts 2 of the word "from five hundred to";

In paragraph one of part 2 of Article 14.1.2 of the word "within year" to exclude 45);

In paragraph one of part 2 of Article 14.4 of the word "within year" to exclude 46);

In paragraph one of part 3 of Article 14.43 of the word "within year" to exclude 47);

48) in Article 23.1:

a) regarding 1 after figures "12.8," to add with words "part 7 of Article 12.9 (except as specified fixings of administrative offense the special technical means working in the automatic mode having functions photo and filmings, videos),", "Article 12.26" shall be replaced with words words "Articles 12. 24, 12.26";

b) in part 2 after figures "11.20," to add with words "part 1.1 of Article 12. 1,", "part 4 of Article 12.9" shall be replaced with words words "parts 4 and 5 of Article 12.9", after figures "12.10," to add with words "part 3 of Article 12. 12," to exclude figures "12.24,";

49) in Article 23.3:

a) regarding 1 word "Article 12.9" shall be replaced with words "parts 2 - 6 and part 7 (in case of fixing of administrative offense the special technical means working in the automatic mode having functions photo and filmings, videos) Article 12.9", to replace figures "12.22 - 12.24" with figures "12.22, 12.23";

b) in part 2:

in Item 5 of the word "Article 12.9" shall be replaced with words "parts 2 - 6 and part 7 (in case of fixing of administrative offense the special technical means working in the automatic mode having functions photo and filmings, videos) Article 12.9", shall be replaced with words figures "12.17 - 12.24" "12.17 - 12.21.2, Article 12.21.3 (in case of fixing of administrative offense the special technical means working in the automatic mode having functions photo and filmings, videos or means photo and filmings, videos), Articles 12. 22, 12.23";

in Item 6 of the word "Article 12.1" shall be replaced with words "parts 1 and 2 of Article 12.1", shall be replaced with words the words "1, 2 and 3 Articles 12.9" "2, the 3 and 6 Article 12.9";

50) in Article 27.10:

a) recognize part 3 invalid;

b) regarding 5.1 words "except for the documents specified in part 3 of this Article" to exclude;

51) part 1.1 of Article 27.12 after the words "that this person is in state of intoxication" to add with the words "or person concerning whom determination about initiation of proceedings about administrative offense, stipulated in Article 12.24 of this Code is taken out";

To add 52) in Item 1 of part 2 of Article 28.3 after figures "12.8," with words "part 7 of Article 12. 9,", "Article 12.26" shall be replaced with words words "Articles 12. 24, 12.26";

53) in Article 32.6:

a) regarding 1 word", or temporary permission to the right of vehicle control of the corresponding type" to exclude;

b) regarding 4 words" (except for temporary permission to the right of vehicle control of the corresponding type)" and the words "according to its requirement within one working day" to exclude, add with words ", except as specified, provided by part 4.1 of this Article";

c) add with part 4.1 following of content:

"4.1. After term of deprivation of the special right for making of administrative offenses, stipulated in Article 9.3 and Chapter 12 of this Code, the car driver license or the certificate of the tractor operator-driver (tractor operator) withdrawn from person subjected to this type of administrative punishment return after check of knowledge of Traffic regulations by it, and for making of the administrative offenses provided by parts 1 and 4 of Article 12. 8, part 1 of Article 12.26 and part 3 of Article 12.27 of this Code, also medical examination of this person on availability of medical contraindications to vehicle control.";

" (If the documents specified regarding 1 Article 32.6 of this Code were not withdrawn according to part 3 of Article 27.10 of this Code earlier)" to exclude 54) regarding 1.1 Articles 32.7 of the word.

Article 2

Article 28 of the Federal Law of December 10, 1995 No. 196-FZ "About traffic safety" (The Russian Federation Code, 1995, No. 50, the Art. 4873) to add with Item 3 following of content:

"3. Return of the car driver license after loss of the bases of cancellation of the right to control of vehicles is performed according to the procedure, established by the Government of the Russian Federation.".

Article 3

Recognize invalid:

1) paragraph two of Item 209 of article 1 of the Federal Law of June 22, 2007 No. 116-FZ "About introduction of amendments to the Russian Federation Code of Administrative Offences regarding change of method of expression of the cash collection imposed for administrative offense" (The Russian Federation Code, 2007, No. 26, the Art. 3089);

2) the subitem "an" of Item 18 and the subitem "an" of Item 46 of article 1 of the Federal Law of July 24, 2007 No. 210-FZ "About introduction of amendments to the Russian Federation Code of Administrative Offences" (The Russian Federation Code, 2007, No. 31, the Art. 4007).

Article 4

This Federal Law becomes effective since September 1, 2013.

President of the Russian Federation

V. Putin


 

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