Маргарита Горовцова
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Депутат Госдумы Максим Щаблыкин разработал законопроект1 об уточнении правил наказания для тех, кто реализует товары без обязательной маркировки или с нарушением правил ее нанесения. В настоящее время административная ответственность установлена только за производство или продажу товаров, не маркированных в установленном порядке (ст. 15.12 КоАП РФ).
Поправки предполагают, что появятся также штрафы за вывод из оборота таких товаров.
Нововведения связаны с уточнением законодательства о маркировке (ч. 9 ст. 8 Федерального закона от 28 декабря 2009 г. № 381-ФЗ «Об основах государственного регулирования торговой деятельности в Российской Федерации»). Если раньше оно охватывало только продажу, обмен или иное введение в оборот товаров, то теперь – ввод в оборот, оборот и вывод из оборота (Федеральный закон от 2 июля 2021 г. № 354-ФЗ «О внесении изменений в отдельные законодательные акты Российской Федерации»).
Новые правила могут вступить в силу с 1 февраля 2022 года.
Должно ли название товара в чеке точно соответствовать наименованию товара, указанному при его маркировке? Ответ на этот и другие практические вопросы – в Базе знаний службы Правового консалтинга системы ГАРАНТ! Получите полный доступ на 3 дня бесплатно!
Напомним, что в начале июля были также уточнены уголовно-правовые санкции в сфере маркировки товаров. С 1 декабря 2021 года появится ответственность за использование поддельных средств маркировки товаров. При этом специальное наказание установлено за использование фальшивой маркировки на продовольственных товарах (Федеральный закон от 1 июля 2021 г. № 293-ФЗ «О внесении изменений в статью 171.1 Уголовного кодекса Российской Федерации»).
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1 С текстом законопроекта № 1221702-7 «О внесении изменений в статьи 15.12 и 15.12.1 Кодекса Российской Федерации об административных правонарушениях» и материалами к нему можно ознакомиться на официальном сайте Госдумы.
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