Distribution and use of uncertified products.

Legislation of the Russian Federation in the area of non-tariff regulations and mandatory conformity certification provides for liability for violation of the rules of certification and licensing of goods. Various types of punishment for import, distribution in domestic market and using products with violation are provided for manufacturers, sellers and owners of goods. Such violations include:

• Import to the customs territory or selling in domestic market of goods that are subject to mandatory Eurasian Conformity (EAC) certification without an EAC certificate or an EAC declaration.
• Selling goods without a mandatory EAC label, or without stating the information about EAC certification in accompanying documents.
• Using in communication networks communication equipment that is subject to mandatory certification or declaring to the Ministry of Communications without a CCC certificate or CCC declaration.
• Import or selling in domestic market of goods that use a radio frequency spectrum, without getting a RFC certificate for them or without entering them into the Unified Register of Radio Electronic Equipment and High Frequency Devices approved for import.
• Import or selling in domestic market of goods that use coding and cryptography without registered FSS notification.
• Import of goods that are subject to non-tariff regulatory measures in trade with third countries without getting a EAC license.

Thus, in case of attempted import to the territory of the Russian Federation of goods without a EAC certificate or a EAC license the article 16.3 of the Code of Administrative Offences of the Russian Federation (CAO of RF) is applied. It provides for punishment for non-compliance with the measures of non-tariff regulation upon importing to the customs territory of the Customs Union, in the form of an administrative fine for citizens from 1000 to 2000 RUB., with confiscation of goods or without it. The same article of the Code of Administrative Offences of Russian Federation (CAO of RF) for legal entities provides for a fine from 50000 to 100000 RUB. with confiscation of goods or without it..

Selling goods without a EAC certificate or a EAC declaration that certify the safety of such goods for life and health of people falls within the scope of the article 14.4 of the Code of Administrative Offences of Russian Federation (CAO of RF). It provides for an administrative fine for citizens from 1000 to 2000 RUB., for sole proprietors - from 10000 to 20000 RUB., for legal entities - from 20000 to 30000 RUB.. Repeated violation of this article provides for the increased fine for citizens up to 5000 RUB., for sole proprietors - to 30000 RUB., for legal entities - to 50000 RUB., with confiscation of goods or without it.



Selling goods without a mandatory Eurasian Conformity (EAC) label, including certified goods, carries a penalty according to the article 15.12 of the Code of Administrative Offences of Russian Federation (CAO of RF). It provides for an administrative fine for citizens from 2000 to 4000 RUB., with confiscation of goods, for legal entities - from 50000 to 300000 RUB., with confiscation of goods.

Using in communication networks communication equipment that is subject to mandatory certification without a CCC certificate falls within the scope of the article 13.6 of the Code of Administrative Offences of Russian Federation (CAO of RF). It carries a penalty in the form of an administrative fine for citizens from 3000 to 5000 RUB., with confiscation of communication equipment or without it, for legal entities - from 60000 to 300000 RUB., with confiscation of communication equipment or without it.. In case communication equipment is not subject to mandatory certification but is subject to mandatory declaring, then using them in communication networks without a CCC declaration carries a penalty in the form of an administrative fine for legal entities from 60000 to 150000 RUB., with confiscation of communication equipment or without it.



Business activity in the field of data protection with violation of terms provided for by the license of Federal Security Service (FSS) falls within the scope of the article 13.12 of the Code of Administrative Offences of Russian Federation (CAO of RF). It carries a penalty in the form of an administrative fine for citizens from 1000 to 1500 RUB., for legal entities - from 15000 to 20000 RUB.. A similar violation that qualifies as gross carries a penalty in the form of an administrative fine for sole proprietors from 2000 to 3000 RUB., or administrative suspension of activities for up to 90 days, for legal entities - from 20000 to 25000 RUB. or administrative suspension of activities for up to 90 days. Business activity in the field of data protection without getting the license of Federal Security Service (FSS) falls within the scope of the article 13.13 of the Code of Administrative Offences of Russian Federation (CAO of RF). It carries a penalty in the form of an administrative fine for citizens from 500 to 1000 RUB., with confiscation of data protection equipment or without it, for legal entities - from 10000 to 20000 RUB., with confiscation of data protection equipment or without it. Moreover, business activity without a special permit (license) constitutes offense according to the article 14.1 of the Code of Administrative Offences of Russian Federation (CAO of RF) and the article 171 of the Criminal Code of the Russian Federation (CC of RF).

In case of importing or selling goods and equipment designed for surreptitious obtaining of information without acquiring the official permit of Federal Security Service (FSS) to import and distribute such goods, it falls within the scope of article 138.1 of the Criminal Code of the Russian Federation. It provides for the penalty for acquisition or marketing of special technical equipment designed for surreptitious obtaining of information in the form of a fine up to 200000 RUB., or supervised release for up to 4 or compulsory labour for up to 4 years.