Article 191 of the Criminal Code, part 1, subjective side. Theory of everything

Article 191 of the Criminal Code of the Russian Federation establishes punishment for criminal trafficking in expensive metals and rare gemstones. The extraction and sale of especially valuable natural resources is in the area of state interests. Income from such operations is the key to economic stability and one of the main sources of budget formation. From them the State Fund and the gold and foreign exchange reserves (GER) of Russia are replenished. Any unauthorized attempts to dispose of these resources are prosecuted by law.

The extraction of valuable minerals has not always been the prerogative of power structures. Back at the beginning of the 20th century, anyone could produce and sell yellow metal on their own. It was enough to simply pay taxes on the land used and on profits.

Now this practice is prohibited. However, in the future it is planned to allow private individuals to produce the precious metal and hand it over to the state. The draft law “on the free bringing of gold” is already under development.

In the meantime, the extraction of valuable mineral resources, including gold mining, their processing, sorting, use, geological study and exploration work are the responsibility of government agencies of the Russian Federation.

Legal relations in this area are regulated by federal normative legal acts (NLA) and NLA of the subjects of the Federation (republics, territories, regions, districts, cities of federal significance).

They establish the procedure for production and certification, conditions for ensuring safety, regulations for accounting and reporting, conditions for transportation and importation of these values.

Legal liability - administrative (CAO 19.14) and criminal law (Criminal Code 191) - is provided for illegal actions related to the creation, modification, termination of rights to expensive natural elements.

The Code of Administrative Offenses (COAO) is used if the amount of damage is not sufficient to initiate criminal prosecution. A monetary penalty is used as a punitive measure. The budget will have to be replenished with an amount from three thousand to fifty, depending on the status of the subject. In all other situations, more serious consequences will occur. The person is charged with violating the criminal law and will be forced to suffer significant punishment, including a long prison sentence.

Part 1 of Art. 191 establishes punishment for illegal trafficking of precious metals and especially valuable minerals of inorganic origin, committed on a large scale.

This act will be punished by serving forced labor or being sent to one of the institutions of the penitentiary system. The duration will be no more than 60 months.

As an additional measure, prescribed simultaneously with isolation from society, a person may be subject to financial punishment. Its amount will depend on official earnings or income for a certain period (no more than three years). Or the fine will be a fixed amount (up to half a million rubles).

Part two is devoted to the same offense, only committed by several persons united by a common intent, or by an organized criminal group. Such an act poses a great danger to society and aggravates the punishment.

Violators will be subject to one of the following sanctions:

Forced labor in places determined by the penal system. Can last up to 5 years.
Deprivation of liberty. The term of imprisonment can be up to 7 years.

Simultaneously with the placement of the attacker in a penitentiary institution, he may be required to compensate for the damage caused to the state. You will have to pay up to 1 million RUB to the treasury or the amount of salary or income received from other sources for a period of two to 60 months.

Confiscated assets become the property of gold and foreign exchange reserves or other specialized funds.

In the last decade, there has been a gradual decriminalization of the dispositional part of Article 191. If the old editions of the code provided for liability for shadow trafficking in jewelry in any amount, now parties whose value exceeded 1,000,000 RUB fall under criminal jurisdiction.

By organizing illegal trafficking of precious metals, natural stones or pearls, a person contributes to their depreciation. In turn, this leads to a decrease in their quotations on the official exchange.

Particularly rare and expensive resources become the subject of crime. Their exhaustive list is given in Federal Law No. 41. First of all, they include noble metals. In addition to gold and silver, six more such elements are known: platinum, palladium, iridium, rhodium, ruthenium and osmium.

They may be in the form:

nuggets;
refined (purified) metal;
blanks subjected to primary metal processing (cast, stamped, forged), subsequently used to create finished products;
chemical compounds in different proportions (calaverite, krennerite, sylvanite);
stamped ingots complying with GOST;
washed sediment;
minerals in the form of ore, sand, materials from technogenic deposits;
intermediate products of metallurgical and other production;
products for industrial and technical purposes (board contacts, radio components, laboratory flasks, rods and wire of various cross-section profiles and others);
coins taken out of circulation.

They should also include returnable waste obtained during the technological process during factory production (shavings, pieces, sawdust, chips, saw cuts), which can be refined.

As the second group of objects, the law specifies diamonds, emeralds, sapphires, alexandrites, rubies and natural pearls, measured in carats. That is, gemstone raw materials of group A of the first order. Additionally, the legislator included in this list amber formations recognized by a special commission as unique.

In order for these elements to be considered as a criminal object, they must have the following form:

Natural (before processing and polishing). Having a gemological conclusion, certificate, report or not yet assessed.
Faceted inserts for the manufacture of jewelry that have not passed mandatory certification.
Blanks or finished products for technical purposes.

They also include mineral formations extracted (recovered) from tools and various devices that have fallen into disrepair due to wear and tear or gone out of service for other reasons.

The following cannot be classified as objects of crime:

certified precious stones of natural origin;
cultured, artificial and string pearls;
synthetic minerals identical to natural ones;
jewelry (ruby, emerald, diamond jewelry);
household products used for various purposes. These are things for interior decoration, things used for cult, religious and ritual purposes, cutlery, shaving and smoking accessories, perfume bottles, dental devices, commemorative medals and badges;
valuable copies of banknotes that can be used as legal means of cash payment.

As well as used jewelry, technical, and medical products made from various alloys.

Transactions with the above elements are not in themselves criminal. Even if the subject is a finished product that does not have a quality mark affixed by the state Assay Supervision Inspectorate. Responsibility will arise only for the storage of the material.

Optional signs of the objective side are:

Cost of items. In order for an offense to fall under the jurisdiction of criminal law, it cannot be less than a million rubles. This figure is indicated by the legislator in the general part of the Criminal Code.
An association of several individuals pursuing common criminal goals.

The value of the subject of the crime should be assessed according to the exchange prices for these objects operating in the world at the time of the cessation of the act. It doesn’t matter whether it was stopped for subjective reasons (voluntarily) or due to external intervention (suppressed by police officers).

The subjective side is expressed in the direct intention of the guilty person. According to the Determination of the Constitutional Court of the Russian Federation dated December 18, 2007 No. 918-О-О, a person must be fully aware of the illegality of his actions and their logical consequences.

The subject can only be an individual who has reached the age of sixteen at the time the crime was committed. It may be vested with specific powers (for example, to hold a senior position in a mining company or refining company) or not have such status. His citizenship does not matter. The criminal may be a Russian citizen, a resident, have dual citizenship or not have it at all.

Actions that the Criminal Code of the Russian Federation considers as turnover are divided into two groups. Firstly, these are actions to dispose of especially valuable natural elements, without having the corresponding rights to them.

It is considered a crime:

keep. That is, to ensure the safety of objects for an indefinite period of time. For these purposes, a person can equip an easily accessible hiding place or place valuables in a hard-to-reach place (at a high altitude);
transport. Personally move objects using any vehicle (airplane, car, electric train, bus). If, when moving, the accused has silver or emeralds in his breast pocket, backpack, briefcase or other carry-on luggage, this is not considered transportation, but is regarded as storage;
forward. Transporting valuables in space without the personal presence of the accused. As a method of shipment, courier delivery, postal (parcel, parcel post) or postal and luggage items (by train), or air shipment are considered. Sending by courier is considered forwarding only if he did not know about the object he was moving and was not in collusion with the sender.

Illegal storage and transportation of precious metals or delivery of items to a carrier are considered completed from the moment the illegal actions begin. The onset of consequences for this is not necessary. Each of the mentioned actions in itself forms a complete crime.

In order for a crime to be formed, the subject who stored, sent or transported the jewelry must not have ownership or other rights to it. They may be illegally mined, stolen, or acquired in other illegal ways.

Secondly, this is an activity that establishes, changes or terminates rights to specified values. This can happen by concluding agreements of exchange, purchase and sale, donation, loan, lease.

In violation of current principles. For example, without granting a priority right to make a purchase to specially authorized federal executive authorities or similar bodies of federal subjects.
Between parties (individuals and legal entities) who do not have the authority to enter into such agreements due to their lack of special status.
In violation of the place where they should be performed.

All parties involved in the agreement process will be held accountable.

In addition, the illegality of the transaction may be due to the illegality of the extraction and production of valuable resources. For example, buying them from “black miners”.

In addition to organizing illegal trafficking, a person may be charged with other offenses provided for by criminal law. The charge of carrying out entrepreneurial activities (extraction) without appropriate authority (171) is charged if the resources are extracted by handicraft methods. If the seller consciously tries to deceive the buyer and sell other elements (zirconium dioxide, lead silicate glass, copper, pyrite, rock crystal, brass) under the guise of precious ones, then he will be responsible for fraud (159). The buyer will be attracted by the village. 191 for attempted purchase.

Judicial practice under Article 191 of the Criminal Code of the Russian Federation

A selection of judicial practice with comments from experts is presented on the website of the electronic legal system “Consultant Plus”. Also, examples of court decisions, sentences and appeals can be found on numerous forums devoted to this issue.

Citizen of the Russian Federation V.A. Petrov committed an act qualified as illegal, deliberate trafficking in precious metals in the form of gold. Acting deliberately, for selfish reasons, over the course of 7 months, he repeatedly acquired pieces of 50-100 grams of schlich gold from unidentified persons. In the future, he planned to resell the entire lot. The total weight of the gold he illegally purchased was 2047.31 grams, the cost was estimated at 4 million rubles. Storage was carried out in the personal living space of the accused at the address N st. Nskaya 1, apt. 1.

During the pre-trial investigation it was established:

the accused had direct intent to commit a crime and realized that the gold he bought was obtained through criminal means;
the value of the valuables that Petrov kept was assessed as large.

The accused admitted his guilt during the investigation. The court had no doubt about the defendant's guilt.

When imposing the punishment, the court took into account the presence of mitigating circumstances. Namely, full admission of guilt, active repentance, the presence of a dependent minor child, as well as the fact that the accused first came to the attention of law enforcement agencies. No aggravating circumstances were found that could aggravate the guilt.

The imposed punishment was 1 (one) year 7 (seven) months of forced labor. The time that Petrov spent in custody before the trial (3 months) is counted towards the period of forced labor.

Physical evidence (gold) is subject to transfer to the state fund after the verdict enters into legal force.

1. Conducting 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 forced labor for a term of up to five years or imprisonment for the same term with or without a fine in the amount of up to five hundred thousand rubles or in the amount of the wages or other income of the convicted person for a period of up to three years.

2. The same acts committed by an organized group or a group of persons by prior conspiracy, -
shall be punishable by forced labor for a term of up to five years, or imprisonment 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 wages or 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 condition, form, including native and refined form, as well as in raw materials, alloys, semi-finished products, industrial products, chemical compounds, coins, scrap and industrial and consumer 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, household products, or scrap of such products.

The absence of an assay mark on a product made of precious metals or a certificate for a cut stone does not turn it into the subject of a crime. Uncut stones that have undergone preliminary mechanical processing cannot be classified as jewelry.

2. Criminal liability under the commented article arises for any transactions with precious stones and precious metals carried out 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 considered illegal. Purchasing organizations and individual entrepreneurs are prohibited from buying rough diamonds, unprocessed 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 carrying out transactions with mineral raw materials containing precious metals before refining is determined by the Government of the Russian Federation.

3. Illegal storage, transportation, forwarding will occur in the case when these items were illegally obtained or produced, stolen, obtained as a result of committing any other crime, or acquired as a result of an illegal transaction.

4. The theft of precious metals or precious stones with the subsequent conclusion of illegal transactions requires qualification under a set 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 production 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, production 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 trafficking in precious metals and stones.

Such actions, if there are appropriate signs, must be qualified under Art. 171 CC.

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 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 of December 10, 2003 N 173-FZ “On Currency Regulation and Currency Control” (as amended on December 6, 2011); Federal Law of March 26, 1998 N 41-FZ “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. The direct object is the circulation of precious metals, natural precious stones or pearls established by the legislation of the Russian Federation. The subject of the crime as a collective 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 products made from these stones and scrap of such products are not included in the crime.

3. The objective side is characterized by an act committed in various forms and on a large scale. Firstly, this is a transaction involving precious metals, natural precious stones or pearls, in violation of the rules established by the legislation of the Russian Federation. Secondly, this is the illegal storage, transportation or shipment of precious metals, natural precious stones or pearls.

Storage - any illegal actions related to the presence of precious metals or stones in the possession of the perpetrator.

Transportation involves moving precious metals or precious stones, regardless of the method of transportation.

Transfer is recognized as the movement of precious stones and precious metals in the form of postal and luggage items, when their transportation is carried out without the participation of the sender.

For large sizes, see the 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 is general: a sane person who has reached the age of 16 years, carrying out illegal actions with the specified objects.

6. Part 2 provides for liability for the same acts, but committed by an organized group or a group of persons by prior conspiracy.

Do you think you are Russian? Were you born in the USSR and think that you are Russian, Ukrainian, Belarusian? No. This is wrong.

Are you actually Russian, Ukrainian or Belarusian? But do you think that you are a Jew?

Game? Wrong word. The correct word is “imprinting”.

The newborn associates himself with those facial features that he observes immediately after birth. This natural mechanism is characteristic of most living creatures with vision.

Newborns in the USSR saw their mother for a minimum of feeding time during the first few days, and most of the time they saw the faces of the maternity hospital staff. By a strange coincidence, they were (and still are) mostly Jewish. The technique is wild in its essence and effectiveness.

Throughout your childhood, you wondered why you lived surrounded by strangers. The rare Jews on your way could do whatever they wanted with you, because you were drawn to them, and pushed others away. Yes, even now they can.

You cannot fix this - imprinting is one-time and for life. It’s difficult to understand; the instinct took shape when you were still very far from being able to formulate it. From that moment, no words or details were preserved. Only facial features remained in the depths of memory. Those traits that you consider to be your own.

3 comments

System and observer

Let's define a system as an object whose existence is beyond doubt.

An observer of a system is an object that is not part of the system it observes, that is, it determines its existence through factors independent of the system.

The observer, from the point of view of the system, is a source of chaos - both control actions and the consequences of observational measurements that do not have a cause-and-effect relationship with the system.

An internal observer is an object potentially accessible to the system in relation to which inversion of observation and control channels is possible.

An external observer is an object, even potentially unattainable for the system, located beyond the system’s event horizon (spatial and temporal).

Hypothesis No. 1. All-seeing eye

Let's assume that our universe is a system and it has an external observer. Then observational measurements can occur, for example, with the help of “gravitational radiation” penetrating the universe from all sides from the outside. The cross section of the capture of “gravitational radiation” is proportional to the mass of the object, and the projection of the “shadow” from this capture onto another object is perceived as an attractive force. It will be proportional to the product of the masses of the objects and inversely proportional to the distance between them, which determines the density of the “shadow”.

The capture of “gravitational radiation” by an object increases its chaos and is perceived by us as the passage of time. An object opaque to “gravitational radiation”, the capture cross section of which is larger than its geometric size, looks like a black hole inside the universe.

Hypothesis No. 2. Inner Observer

It is possible that our universe is observing itself. For example, using pairs of quantum entangled particles separated in space as standards. Then the space between them is saturated with the probability of the existence of the process that generated these particles, reaching its maximum density at the intersection of the trajectories of these particles. The existence of these particles also means that there is no capture cross section on the trajectories of objects that is large enough to absorb these particles. The remaining assumptions remain the same as for the first hypothesis, except:

Time flow

An outside observation of an object approaching the event horizon of a black hole, if the determining factor of time in the universe is an “external observer,” will slow down exactly twice - the shadow of the black hole will block exactly half of the possible trajectories of “gravitational radiation.” If the determining factor is the “internal observer,” then the shadow will block the entire trajectory of interaction and the flow of time for an object falling into a black hole will completely stop for a view from the outside.

It is also possible that these hypotheses can be combined in one proportion or another.

Possession refers to the possession of an item, regardless of the conditions or places in which it occurs. Transportation is considered to be the movement of the subject of an article by any type of land or sea transport between cities and even within the boundaries of one settlement. Recycling is the changing of an item's condition to create a different final product, either for use or for future sale. However, removing the bark, sawing it for export, or transferring it 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 is the ability of certain groups of individuals or enterprises to manipulate illegal timber. This threatens both the ecological state and the country's forestry. Individual forestry entities in the country have their own plans for timber harvesting in accordance with established regulations.

An error occurred.

Conducting 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 - is punishable by forced labor for a term of up to five years or imprisonment for the same term with a fine in the amount of up to five hundred thousand rubles or in the amount of the wages or other income of the convicted person for a period of up to three years. or without it. 2.

Article 191.1. Criminal Code of the Russian Federation

Article 191 part 1 of the Criminal Code of the Russian Federation

Attention

Timber harvesting is a business activity related to the cutting of forest plantations, their skidding, partial processing, storage and removal of wood from the forest (Part 1 of Article 29 of the Forest Code of the Russian Federation). Citizens and legal entities harvest wood on the basis of lease agreements for forest plots (Part.

8 tbsp. 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 Rosleskhoz dated August 1, 2011.

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 conspiracy are punishable by forced labor for a term of up to five years or imprisonment 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 wages or other income of the convicted person for the period up to five years or without it. 1. The concept of the objects 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 October 30, 1996 N 146, letter of the Ministry of Finance of Russia dated August 6, 2003 N 23-02-04/752 “On classifying products as jewelry."

Article 191 Part 1 of the Criminal Code of the Russian Federation commentary

Important

The objective side of the crime is the illegal trafficking of precious metals, natural precious stones or pearls. Trafficking is considered illegal if it violates the procedure for possession, use and disposal of currency values established by laws and other regulations, and contradicts the established procedure for their storage, transportation or forwarding.

7. A 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 shipment. 8. Transactions are purchase and sale, barter, donation, loan, lease, etc.

actions 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 precious stones are the subject of a crime under the commented article. 3. On the concept of a transaction and an invalid transaction, see the commentary.
to Art. 174. When distinguishing a transaction 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 transactions 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

Article 191 part 1 of the Criminal Code of the Russian Federation punishment

The acts provided for by this article are recognized as committed on a large scale if the cost of illegally harvested timber, calculated according to the taxes approved by the Government of the Russian Federation, exceeds eighty thousand rubles, and in an especially large amount - 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 Sovetsky 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 under 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 production by citizens of jewelry, dentures and other household products from precious metals and precious stones belonging to the manufacturer or customer, as well as the production of these items from jewelry and other household products consisting of precious metals and precious stones, as well as scrap of such products, is not may be considered illegal trafficking in precious metals and stones.

Such actions, if there are appropriate signs, must be qualified under Art.

Article 191 part 2 of the Criminal Code of the Russian Federation judicial practice

Acts provided for in parts one or two 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 five hundred thousand to one million five hundred thousand rubles or in the amount of wages or other income. convicted for a period of three to four years, or forced labor for a term of up to five years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years or without it, or imprisonment for a term of up to five years with deprivation of the right to hold certain positions or engage in certain activities for a period of up to three years or without it. Note.
Acts provided for in parts one or two 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 five hundred thousand to one million five hundred thousand rubles or in the amount of wages or other income. convicted for a period of three to four years, or forced labor for a term of up to five years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years or without it, or imprisonment for a term of up to five years with deprivation of the right to hold certain positions or engage in certain activities for a period of up to three years or without it. Note.

The procedure for carrying out actions with precious metals and precious stones is enshrined in legislation. Violation of established rules entails liability. Criminal punishment for illegal actions with these objects is established by Article 191 of the Criminal Code of the Russian Federation. Let's take a closer look at it.

Art. 191 of the Criminal Code of the Russian Federation: corpus delicti

The following are considered unlawful acts:

Conducting a transaction with precious metals, natural stones and pearls in violation of the rules established by law.
Illegal shipment, transportation, storage of these objects on a large scale in any condition or form.

The exception is household and jewelry items, as well as their scrap. According to Part 1 of Art. 191 of the Criminal Code of the Russian Federation, the perpetrators face forced labor or imprisonment for up to 5 years. An additional monetary penalty of up to 500 thousand rubles may be imposed in addition to imprisonment. or in the amount of a person’s income for a period of up to 3 years.

Part 2 of Article 191 of the Criminal Code of the Russian Federation provides for sanctions for the above acts committed by persons by prior conspiracy or by an organized group. In this case, forced labor and imprisonment are also charged. The term of the first punishment is up to 5 years, the second - up to 7 years. A fine of up to 1 million rubles may be imposed with imprisonment. or amounting to the amount of income of the perpetrator for up to 5 years.

Art. 191 of the Criminal Code of the Russian Federation with comments

The encroachment is directly aimed at public relations arising in the sphere of state regulation of the circulation of precious metals, pearls, and precious stones (natural). Accordingly, these products are the subject of a crime.

As established by Federal Law No. 41, precious metals, regardless of condition and type, include:

platinum;
gold;
silver;
ruthenium, palladium, osmium, rhodium, iridium.

Natural precious stones are treated and untreated:

diamonds;
emeralds;
sapphires;
alexandrites;
rubies.

They also include amber formations, equated to precious stones, according to the rules determined by the Government.

Saltwater and freshwater pearls, measured in carats, are also considered the subject of a crime under Article 191.

Exceptions

The subject of the crime does not include artificial and string (drilled) pearls, household products made of precious metals, pearls, precious stones, their scrap, and jewelry. The latter includes jewelry of various types and purposes.

Household products are considered to be items used for table setting, religious, dental, decorative purposes, for decorating premises, performing rituals and ceremonies.

Medals, anniversary and banknotes are also considered household products.

Objective aspect

It is characterized by different actions, which are united by a common concept - pearls, precious natural stones.

The first alternative action is to carry out a transaction related to the specified items in violation of the procedure established by law. In other words, there is non-compliance with the restrictions:

Concerning the condition and type of precious metals, stones and pearls for which transactions are permitted.
Provide special places for such transactions.
Limit the circle of subjects who have the right to participate in the relevant legal relations.
Narrow the freedom of contract in terms of choosing a counterparty by requiring priority alienation of items to a special executive body of the federal/regional government.

Specific qualifications

Transactions with household items/jewelry, even if they are made by hand, are not covered by Art. 191 of the Criminal Code of the Russian Federation. In judicial practice However, there are situations where persons are held accountable for unlawful storage of raw materials used to manufacture these items.

Based on the grounds of an illegal transaction, actions involving only those precious metals, natural stones and pearls that are in the legal possession of the subject are qualified. Alienation or other transactions with these items, if they are in illegal possession, are not criminal in themselves, but can be qualified on another basis specified in Article 191.

Illegality

This sign means that the items specified in Article 191 are in the person’s possession unlawfully. In other words, the subject does not have property rights or other rights provided for by law.

Storage

It involves actions of any nature related to the presence of precious metals, natural stones or pearls on a person for some time.

Items can be stored in premises, including residential premises, other storage, hiding places specially equipped for such items, or any other place where the safety of items is ensured for a certain period.

Shipping

It is considered to be the movement of things from one place to another with the direct participation of the subject. Any type of transport can be used.

Carrying products on you during a trip is not considered transportation. In this case, the person's actions are called storage.

Shipping

It involves moving things from one place to another without the participation of a person. For this purpose, postal or other communication is used (for example, delivery by courier).

Transfer is considered to be the actions of a subject aimed at moving precious metals, pearls, natural stones in postal items, luggage, parcels by mail, using air or other transport, by courier, if he did not know about the object he was moving or did not collude with the sender .

In such situations, the crime is considered completed at the moment the luggage, letter, parcel, etc. is sent, regardless of whether the addressee received them or not.

Provisions of Federal Law No. 41

When determining the illegality of a transaction to impute liability under Article 191, it is necessary to proceed from the fact that the rules for performing actions with the objects specified in the disposition of the rule are established by law. Therefore, the subject must comply with the stipulated rules.

In accordance with the provisions of Article 2 of Federal Law No. 41 (clauses 3, 4), subsoil areas containing precious metals and natural stones can be allocated for use solely on the basis of licenses for the extraction of these items, issued in the manner prescribed by law. In turn, the owners of these values become (with some restrictions) the entities that extracted them from the subsoil, if the extraction was carried out legally. The legal owner of precious metals and natural stones obtained from the subsoil by illegal means is the Russian Federation.

Based on these requirements, we can conclude that an entity that has illegally obtained the items specified in the disposition of Article 191, and, accordingly, has not become their owner, cannot perform actions related to the creation, change, or termination of rights to these values. Consequently, by giving them as a gift, giving them to pay off a debt, selling them, etc., a person will make a transaction with these items that is contrary to the rules enshrined in the law.

Nuance

Purchase and sale transactions, the subject of which are silver/gold bullion, products containing these precious metals, not related to jewelry/household products, made between citizens who are not entrepreneurs, also fall under Article 191. This is due to the absence of an indication of these persons in the list of subjects of law enshrined in the Regulations regulating transactions with precious metals on the territory of the Russian Federation.

Subjective part

It is characterized by direct intent. A citizen knowingly makes a transaction in violation of the established order, transports, sends or commits other illegal actions. At the same time, he understands that the benefit he is receiving is illegal, but he wants to receive it.

The age of responsibility under the norm in question is 16 years.

Qualifying features

The first is enshrined in part 1 of the norm. The qualifying feature is large size. It recognizes the total value of precious metals, natural stones, pearls, which are objects of illegal trafficking, the amount of which exceeds 1.5 million rubles.

Two more qualifying criteria are enshrined in part 2 of the commented article. Tougher punishment is provided for when acts are committed by persons who have previously agreed on joint criminal activity, or by entities included in an organized criminal group. Such attacks pose an increased danger because they involve not one person, but several entities. At the same time, they commit a crime according to a pre-developed plan.

If the intentions of persons, for objective reasons, were not brought to completion, the actions are qualified as preparation for an assault.