Екатерина Чернявская
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Депутат нижней палаты парламента Наталья Костенко выступила с инициативой регламентировать оборот закиси азота на территории страны, а также считает необходимым пресечь его незаконное распространение для употребления не по назначению. Не исключено, что для этого будет принят специальный закон, устанавливающий запрет на производство, изготовление, закупку, хранение, перевозку, пересылку, распределение в целях сбыта либо сбыт, пропаганду употребления (в том числе посредством Интернета) этого газа для использования не в медицинских, промышленных или технических целях1. Также планируется ввести ограничение и на распространение информации, содержащей предложения о его сбыте.
Другим законопроектом этого же депутата планируется установить правило, согласно которому закись азота для ее использования не в медицинских, промышленных или технических целях будет считаться товаром, реклама которого недопустима2.
А третьим законопроектом планируется дополнить КоАП новой ст. 6.13.1, устанавливающей административную ответственность за пропаганду и незаконную рекламу закиси азота. За совершение этого правонарушения может быть установлен административный штраф в размере:
от 1 тыс. до 2 тыс. руб. с конфискацией рекламной продукции и оборудования, использованного для ее изготовления – для граждан; от 10 тыс. до 20 тыс. руб. – для должностных лиц; от 10 тыс. до 20 тыс. руб. с конфискацией рекламной продукции и оборудования, использованного для ее изготовления либо административное приостановление деятельности на срок до 30 суток с конфискацией указанных продукции и оборудования – для ИП; от 50 тыс. до 150 тыс. руб. с конфискацией рекламной продукции и оборудования, использованного для ее изготовления – для юрлиц3. Обязаны ли организации и ИП, имеющие объекты осуществления торговли, но фактически их для торговой деятельности не использующие, представлять в налоговые орган уведомление о поставке на учет в качестве плательщика торгового сбора до начала использования этих объектов для торговой деятельности? Ответ – в «Энциклопедии решений. Налоги и взносы» интернет-версии системы ГАРАНТ. Получите полный доступ на 3 дня бесплатно!
Разработчик документов объясняет необходимость нововведений тем, что из-за отсутствия прямого законодательного запрета или ограничения оборота закиси азота, суды не подвергают административному наказанию продавцов за факт его продажи для употребления не по значению. Ведь согласно отчету по исследованию «веселящего газа», подготовленному Пермской государственной фармацевтической академией Минздрава России, его нецелевое использование может привести к необратимым последствиям для жизни и здоровья человека, нарушению ритма его сердца, недостаточности кровообращения, угнетению дыхания, острой гипоксии и смерти.
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1 С текстом законопроекта № 559097-7 «Об ограничении оборота закиси азота в Российской Федерации» и материалами к нему можно ознакомиться на официальном сайте Госдумы.
2 С текстом законопроекта № 559090-7 «О внесении изменений в статью 7 Федерального закона «О рекламе»» и материалами к нему можно ознакомиться на официальном сайте Госдумы.
3 С текстом законопроекта № 559100-7 «О внесении изменений в Кодекс Российской Федерации об административных правонарушениях и материалами к нему можно ознакомиться на официальном сайте Госдумы.
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