Code of the Russian Federation on Administrative Violations 20 12. Fine for blinking high beams

1. According to the Federal Law “On Weapons”, the transfer of weapons, as well as their transportation, transportation and use are types of weapons trafficking.

2. In accordance with Art. 19 of the Federal Law “On Weapons”, state paramilitary organizations have the right to sell or transfer the combat hand-held small arms and edged weapons they have in their arsenal in the manner established by the Government of the Russian Federation, or to sell their civilian and service weapons and ammunition to legal entities that have license to trade in civilian and service weapons and ammunition for them.

Heads of state paramilitary organizations have the right to transfer short-barreled firearms for storage and carrying individual categories military personnel and employees of state paramilitary organizations who are retired, as well as temporarily issue weapons in the manner established by the Government of the Russian Federation to officials government agencies, who are permitted by law to store and carry weapons, with the issuance of appropriate permits in the manner determined by the Ministry of Internal Affairs of Russia.

On the powers of state paramilitary organizations in the field of arms trafficking, see paragraph 2 of the commentary to Art. 20.8.

3. According to clause 8, as well as clauses 23 - 25 of the Rules for the circulation of combat hand-held small arms and other weapons, ammunition and cartridges for them, as well as bladed weapons in state paramilitary organizations, approved by Decree of the Government of the Russian Federation of October 15, 1997 N 1314 (as amended by Decree of the Government of the Russian Federation of November 2, 2000 N 838), the transfer of weapons must be documented in standard documents, the list, form and procedure for maintaining which are determined by regulatory legal acts relevant state paramilitary organizations.

4. Transportation and transportation of weapons by air, rail, water, road and other types of transport are carried out under armed guard with the execution of relevant documents of the established form, the form and procedure for maintaining which are determined by the regulatory legal acts of state paramilitary organizations. During transportation and transportation, weapons must be in an unloaded state, separate from ammunition. Weapons and ammunition must be packed in special containers that are sealed or sealed.

If signs of tampering are detected vehicle transporting weapons, damage to the container, violation of seals or seals, the senior armed guard is obliged to immediately report this to the military commandant of the railway (water) section or station (port), the head of the station, the department of internal affairs in transport, draw up an act, accept necessary measures to establish the causes of the incident and ensure security of the scene.

5. Transportation of weapons and ammunition on the territory Russian Federation is carried out on a contractual basis by legal entities whose charters provide for the provision of services for the transportation of weapons and ammunition on the basis of transportation permits issued by the Department of Internal Affairs in the manner determined by the Ministry of Internal Affairs of Russia.

Without ATS permits, weapons and ammunition are transported by citizens of the Russian Federation who legally have hunting weapons to participate in hunting and sporting events on the basis of ATS permits for storing and carrying weapons.

Citizens of the Russian Federation transport weapons in quantities of no more than five units and cartridges - no more than 400 pieces on the basis of permission from the Department of Internal Affairs for storage or storage and carrying of the relevant types, types and models of weapons or licenses for their acquisition, collection or exhibition. Transportation of weapons and ammunition in quantities exceeding the specified norms is carried out by citizens of the Russian Federation in the manner prescribed for legal entities.

6. General requirements on the use of weapons by citizens of the Russian Federation are determined Federal law“On Weapons”, as well as clauses 32, 33 of the Rules for the circulation of combat hand-held small arms and other weapons, ammunition and cartridges for them, as well as bladed weapons in state paramilitary organizations.

Citizens of the Russian Federation may use weapons legally available to them to protect life, health and property in a state of necessary defense or emergency. The use of a weapon must be preceded by a clearly expressed warning to the person against whom the weapon is used, except in cases where delay in the use of a weapon creates an immediate danger to human life or may entail other consequences. grave consequences. Moreover, the use of weapons in a state of necessary defense should not cause harm to third parties.

It is prohibited to use firearms against women, persons with obvious signs of disability, and minors when their age is obvious or known, except in cases where these persons commit an armed or group attack. The owner of the weapon is obliged to immediately, but no later than 24 hours, report each case of the use of a weapon resulting in harm to human health to the police department at the place where the weapon was used.

Rules for the use of sports and hunting weapons are established by the legislation of the Russian Federation.

7. According to Art. 12 of the Federal Law "On Weapons" the use by legal entities with special statutory tasks of certain types and models of hand-held combat weapons small arms for other purposes not provided for by federal law is prohibited.

Enterprises and organizations that are entrusted with the functions of protecting hunting and fisheries resources, it is permitted to purchase and use hunting weapons with a rifled barrel as a service weapon.

ST 20.12 Code of Administrative Offenses of the Russian Federation

1. Transfer of weapons -

entails imposition administrative fine in the amount of five hundred to one thousand rubles with or without confiscation of weapons.

2. Violation of the rules for transporting weapons and ammunition for them -

shall entail the imposition of an administrative fine in the amount of one thousand to one thousand five hundred rubles.

3. Violation of the rules for the use of weapons and ammunition for them -

shall entail the imposition of an administrative fine in the amount of one thousand five hundred to three thousand rubles or deprivation of the right to acquire and store or store and carry weapons for a period of one to two years.

Commentary to Art. 20.12 of the Code of Administrative Offenses of the Russian Federation

1. The object of an administrative offense is relations in the field of security public order And public safety. The subject of an administrative offense is the rules for sending, transporting, transporting or using weapons and ammunition for them.

2. The objective side of the offense is characterized by actions related to:

Transfer of weapons (part 1);

Violation of the rules for transporting weapons and ammunition for them (Part 2);

Violation of the rules for the use of weapons and ammunition (Part 3).

3. The subjects of administrative offenses are citizens who have reached the age of 18 and have permission to store weapons, as well as legal entities.

4. From the subjective side, an administrative offense is characterized by both intentional and careless forms of guilt.

5. Protocols on administrative offenses drawn up by officials of internal affairs bodies (police) (Part 1 of Article 28.3 of the Code of Administrative Offenses of the Russian Federation).

6. Cases of administrative offenses are considered by officials of internal affairs bodies (police) (Article 23.3 of the Code of Administrative Offenses of the Russian Federation), as well as (cases of violations provided for in Parts 1 and 3 of Article 20.12 of the Code of Administrative Offenses of the Russian Federation) by judges, if officials of the bodies Internal Affairs (police) transfer the case to court (Part 2 of Article 23.1 of the Code of Administrative Offenses of the Russian Federation).

1. Transfer of weapons -

shall entail the imposition of an administrative fine in the amount of five hundred to one thousand rubles with or without confiscation of weapons.

2. Violation of the rules for transporting weapons and ammunition for them -

shall entail the imposition of an administrative fine in the amount of one thousand to one thousand five hundred rubles.

3. Violation of the rules for the use of weapons and ammunition for them -

Comments to Art. 20.12 Code of Administrative Offenses of the Russian Federation

1. This article ensures that citizens and organizations comply with the ban on the transfer of weapons established by Art. 6 of the Federal Law of December 13, 1996 N 150-FZ “On Weapons” (as amended and supplemented), as well as implementation in accordance with Art. Art. 24 - 25 of this Federal Law and regulatory legal acts of the Government of the Russian Federation on the rules for the use, transportation, transportation of weapons and ammunition for them.

2. The object of the commented administrative offense is relations in the field of ensuring public order and public safety.

3. The objective side of the offense is characterized by the action associated with the transfer of weapons, violation of the relevant rules for the use, transportation, transportation of weapons and ammunition for them.

For example, in accordance with clause 66 of the Rules for the circulation of civilian and service weapons and ammunition on the territory of the Russian Federation, approved by Decree of the Government of the Russian Federation of July 21, 1998 N 814 (as amended and supplemented), it is prohibited to use technically faulty weapons and cartridges whose shelf life, storage or use has expired, except in cases of research work and testing or inspection technical condition weapons. The same Rules establish that for the transportation of weapons and ammunition, legal entities are required to ensure that consignments of firearms in an amount of more than 5 units or cartridges in an amount of more than 400 pieces are escorted along the route by guards of at least 2 armed people firearms, coordinate with the internal affairs bodies at the place of registration of weapons and ammunition the route of movement and type of transport, transport weapons and ammunition in the original packaging or in a special container, which must be sealed or sealed (clause 69). Carriers, after concluding contracts for the transportation of weapons and ammunition, are required to issue receipts and expenses and accompanying documents in the manner established by the relevant federal authorities executive branch in agreement with the Ministry of Internal Affairs of Russia (clause 73).

It should be taken into account that the illegal transportation of weapons, their main parts, and ammunition is classified as a crime under Part 1 of Art. 222 of the Criminal Code of the Russian Federation.

4. The subject of this offense is an individual who has reached the age of 18 (Article 13 of the Federal Law “On Weapons”), as well as a legal entity.

5. From the subjective side of wine legal entity recognized in accordance with Part 2 of Art. 2.1 of the Code, and the violation committed an individual, characterized by a deliberate form of guilt.

6. Cases of administrative offenses are considered by officials of internal affairs bodies (police) (Article 23.3). In addition, under Parts 1 and 3 of this article, such cases are considered by judges in cases where officials of internal affairs bodies (police), if necessary, decide on the issue of imposing an administrative penalty in the form of confiscation or paid seizure of weapons, transfer them to a judge for consideration ( Part 2 Article 23.1).

Protocols on administrative offenses are drawn up by officials of internal affairs bodies (police) (Part 1 of Article 28.3).

7. It must be borne in mind that Federal Law No. 398-FZ of December 28, 2010 made the following changes to Part 3 of the commented article, which come into force on July 1, 2011: an alternative administrative penalty in relation to a fine is deprivation of the right for the acquisition and storage or storage and carrying of weapons, and the paid confiscation of weapons and ammunition, which relates to additional penalties, is excluded from the list of administrative sanctions (from July 1, 2011, Article 3.6 of the Code is repealed).

Because of this, taking into account the provisions of Art. 3.8 of the Code, from July 1, 2001, officials of internal affairs bodies (police) will refer cases of these offenses to judges if it is necessary to resolve the issue of imposing punishment in the form of deprivation of the right to acquire and store or store and carry weapons (Part 2 Art. 23.1).

1. Transfer of weapons -

shall entail the imposition of an administrative fine in the amount of five hundred to one thousand rubles with or without confiscation of weapons.

2. Violation of the rules for transporting weapons and ammunition for them -

shall entail the imposition of an administrative fine in the amount of one thousand to one thousand five hundred rubles.

3. Violation of the rules for the use of weapons and ammunition for them -

Commentary to Art. 20.12 Code of Administrative Offenses of the Russian Federation

1. The object of the commented administrative offense is relations in the field of ensuring public order and public safety.

Legal entities have the right to transport weapons and ammunition belonging to them on the basis of permits from internal affairs bodies, issued in the manner established by the Ministry of Internal Affairs of the Russian Federation.

To transport weapons and ammunition, legal entities are required to:

— coordinate with the internal affairs bodies at the place of registration of weapons and ammunition the route and type of transport;

— equip vehicles in accordance with the requirements for the transportation of dangerous goods;

- ensure that consignments of firearms in an amount of more than 5 units or cartridges in an amount of more than 400 pieces are escorted along the route by guards of at least 2 people armed with firearms. Without escort by security guards armed with firearms, it is allowed to transport sports firearms and (or) ammunition for them by athletes, coaches and other employees of sports organizations and educational institutions engaged in sports or physical education, recreational and sports-pedagogical work that involve the use of sports firearms, and appointed responsible for transporting such weapons and (or) cartridges;

- transport weapons and ammunition in original packaging or in special containers that must be sealed or sealed.

During transportation, the weapon must be in an unloaded state, separate from the cartridges.

When transporting consignments of weapons or ammunition, vehicles must be technically sound, and the possibility of visual inspection of the cargo and free access to it by unauthorized persons is excluded.

In cases of transportation of weapons and ammunition in a convoy of more than 2 vehicles, their protection is provided by an escort group of at least 3 people, armed with firearms, traveling in a specially designated vehicle.

If signs of opening of a vehicle carrying weapons and ammunition, damage to containers, violation of seals or seals are detected, the senior armed guard is obliged to immediately report this to the internal affairs bodies, draw up a report, take the necessary measures to establish the causes of the incident and ensure the protection of the scene of the incident.

Transportation of weapons and ammunition across the territory of the Russian Federation is carried out on a contractual basis by legal entities whose charters provide for the provision of services for the transportation of weapons and ammunition (hereinafter referred to as carriers), on the basis of transportation permits issued by internal affairs bodies in the manner determined by the Ministry of Internal Affairs of the Russian Federation .

The procedure for sending and transporting weapons and ammunition for them is regulated by Decree of the Government of the Russian Federation dated July 21, 1998 N 814 “On measures to regulate the circulation of civilian and service weapons and ammunition for them on the territory of the Russian Federation”, Order of the Federal Military Service of the Russian Federation and the Ministry of Internal Affairs of the Russian Federation dated November 30, 1999 N 120/971 “On approval of the Instructions on the procedure for transportation by aircraft civil aviation weapons, ammunition and cartridges for it, special means handed over by passengers for temporary storage during the flight."

The objective side of the offense is characterized by the action associated with the transfer of weapons, violation of the relevant rules for the use, transportation, transportation of weapons and ammunition for them.

2. The subject of this offense is an individual who has reached the age of 18, as well as a legal entity.

From the subjective side, the commission of this offense is characterized by an intentional form of guilt.

Transfer of weapons, violation of the rules of transportation, transportation or use of weapons and ammunition for them

Commentary on Article 20.12 of the Code of Administrative Offenses of the Russian Federation:

2. The object of the commented administrative offense is relations in the field of ensuring public order and public safety.

For example, in accordance with clause 66 of the Rules for the circulation of civilian and service weapons and ammunition on the territory of the Russian Federation, approved by Decree of the Government of the Russian Federation of July 21, 1998 N 814 (as amended and supplemented), it is prohibited to use technically faulty weapons and cartridges whose shelf life, storage or use has expired, with the exception of cases of research and testing or checking the technical condition of weapons. The same Rules establish that for the transportation of weapons and ammunition, legal entities are required to ensure that consignments of firearms in an amount of more than 5 units or cartridges in an amount of more than 400 pieces are escorted along the route by guards of at least 2 people armed with firearms, in agreement with internal authorities cases at the place of registration of weapons and ammunition, route of movement and type of transport, transport weapons and ammunition in original packaging or in special containers, which must be sealed or sealed (clause 69). After concluding contracts for the transportation of weapons and ammunition, carriers are required to prepare receipts, expenses and accompanying documents in the manner established by the relevant federal executive authorities in agreement with the Ministry of Internal Affairs of Russia (clause 73).

4. The subject of this offense is an individual who has reached the age of 18 (Article 13 of the Federal Law “On Weapons”), as well as a legal entity.

5. From the subjective side, the guilt of a legal entity is recognized in accordance with Part 2 of Art. 2.1 of the Code, and a violation committed by an individual is characterized by an intentional form of guilt.

Protocols on administrative offenses are drawn up by officials of internal affairs bodies (police) (Part 1 of Article 28.3).