Екатерина Чернявская
TunedIn61 / Depositphotos.com
Группа депутатов Госдумы во главе с Ириной Яровой и Тамарой Плетневой предложила дополнить ч. 2 ст. 238.1 Уголовного кодекса новым квалифицирующим признаком – совершение с использованием СМИ либо электронных или информационно-телекоммуникационных сетей, в том числе Интернета1. Таким образом за обращение фальсифицированных, недоброкачественных и незарегистрированных лекарств, медицинских изделий и оборот таких же БАДов с использованием Интернета в крупном размере (от 100 тыс. руб.) планируется установить наказание в виде лишения свободы на срок от пяти до восьми с возможным штрафом в размере от 1 млн до 3 млн руб. или в размере заработной платы или другого дохода осужденного за период от одного года до трех лет и с возможным лишением права занимать определенные должности или заниматься определенной деятельностью на срок до пяти лет.
Такое наказание сейчас предусмотрено за совершение этого преступления группой лиц по предварительному сговору или организованной группой, а также с последующим причинением тяжкого вреда здоровью либо смерти человека по неосторожности (ч. 2 ст. 238.1 УК РФ).
Какие документы могут быть зарегистрированы в книге продаж, если товар реализован неплательщику НДС? Узнайте из материала «Налоговые вычеты по НДС при возврате товаров покупателем поставщику» в «Энциклопедия решений. Налоги и взносы» интернет-версии системы ГАРАНТ. Получите полный доступ на 3 дня бесплатно!
Также предполагается дополнить ст. 6.33 КоАП новой ч. 3, устанавливающей административную ответственность за совершение тех же деяний с использованием СМИ или Интернета в размере до 100 тыс. руб. Не исключено, что в качестве санкций будут введены административные штрафы в следующих размерах:
от 75 тыс. до 200 тыс. руб. – для граждан; от 150 тыс. до 800 тыс. руб. – для должностных лиц и ИП (для предпринимателей альтернативным наказанием может стать административное приостановление деятельности на срок до 90 суток); от 2 млн до 5 млн руб. или административное приостановление деятельности на срок до 90 суток – для юрлиц2.
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1 С текстом законопроекта № 565355-7 «О внесении изменений в Кодекс Российской Федерации об административных нарушениях» и материалами к нему можно ознакомиться на официальном сайте Госдумы. 2 С текстом законопроекта № 565354-7 «О внесении изменения в статью 238-1 Уголовного кодекса Российской Федерации» и материалами к нему можно ознакомиться на официальном сайте Госдумы.
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