Commentary on Article 171.1 of the Criminal Code of the Russian Federation
1. The subject of the crime - unmarked goods and productssubject to mandatory labeling with excise duty stamps, special stamps or conformity marks, protected from counterfeiting.
Federal special stamp and excise stamp are state reporting documents certifying the legality (legality) of the production and (or) circulation of excisable goods in the territory of the Russian Federation, control over the payment of taxes, as well as information carriers of the unified state automated information system and confirmation of fixing information about the goods sold on territory of the Russian Federation of products in a unified state automated information system.
Alcoholic and tobacco products produced in the territory of the Russian Federation, with the exception of those supplied for export, are marked with special stamps, and those imported (imported) into the customs territory of the Russian Federation are marked with excise stamps.
2. In 2002, the Decree of the Government of the Russian Federation of May 17, 1997 N 601 "On marking goods and products in the territory of the Russian Federation with conformity marks protected from counterfeiting" and all other decrees of the Government of the Russian Federation on the marking of goods and products with conformity marks were canceled protected from counterfeiting.
——————————— NW RF. 1997. N 21. Art. 2487. The document became invalid due to the publication of the Resolution of the Government of the Russian Federation of February 6, 2002 N 82 (SZ RF. 2002. N 6. Art. 585) on the basis of the Resolution of the Constitutional Court of the Russian Federation of November 22, 2001 N 15-P ( SZ RF. 2001. N 50. Art. 4822).
Federal Law of December 27, 2002 N 184-FZ "On Technical Regulation" uses the concept of "conformity mark", meaning a designation that serves to inform purchasers about the compliance of the certification object with the requirements of the voluntary certification system or the national standard (Article 2).
——————————— NW RF. 2002. N 52 (part I). Art. 5140.
3. The act can be expressed by five alternative actions: production, purchase, storage, transportation or sale of unmarked goods and products subject to mandatory marking with excise duty stamps or special stamps.
4. Large size is determined by the cost of unmarked goods and products in the amount exceeding 1 million 500 thousand rubles.
5. The subjective side of the crime is characterized by direct intent and purpose of marketing.
