New edition of article 14.17 of the Code of Administrative Offenses comments. Theory of everything

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 right word"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 time we 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.

1 comment

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:

Passage of time

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 from the black hole will block exactly half possible trajectories"gravitational radiation". If the determining factor is “ 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 side.

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


1. On the status of alcoholic and alcohol-containing products, see paragraph 1 of the commentary to Art. 14.16.
2. In accordance with Art. 9 Federal Law dated November 22, 1995 N 171-FZ "On state regulation of production and turnover ethyl alcohol, alcoholic and alcohol-containing products" (as amended by Federal Law No. 109-FZ of July 24, 2002), the purchase and supply of ethyl alcohol for federal state needs is carried out on the basis of the legislation of the Russian Federation on the supply of products for federal state needs by organizations that have storage equipment and dispensing of ethyl alcohol, as well as laboratories for quality control. The purchase of ethyl alcohol, including denatured alcohol, is permitted only to organizations within the allocated quotas for its purchase.
Supply of ethyl alcohol, including denatured alcohol, by organizations is permitted to organizations within the limits of quotas issued to the constituent entities of the Federation or the relevant federal executive authorities, and subject to notification. Requirements for the content and procedure for issuing notifications are established by the Government of the Russian Federation.
According to paragraph 3 of Art. 20 of the specified Federal Law (as amended by the Federal Law of July 24, 2002 N 109-FZ) supplies of ethyl alcohol, including denatured alcohol, to consumers who do not have the appropriate licenses, quotas for its purchase or notifications, as well as misuse of quotas for the purchase of ethyl alcohol produced from non-food raw materials is grounds for revocation of the license for the production and circulation of ethyl alcohol, alcoholic and alcohol-containing products.
These sanctions are applied by the court regardless of bringing the violator to administrative liability, the measures of which are provided for in parts 2, 4 of the commented article.
According to Art. 10 of the Federal Law of November 22, 1995 N 171-FZ "On state regulation of the production and turnover of ethyl alcohol, alcoholic and alcohol-containing products" quotas for the purchase of ethyl alcohol are determined based on the balance of its production and consumption, taking into account the stated needs Russian Federation and subjects of the Federation. At the same time, the total volume of quotas for ethyl alcohol used for production alcoholic products consumed on the domestic market of the Russian Federation should not exceed the same figure for the previous year by more than 10%. Quotas for the purchase of ethyl alcohol are issued to organizations if they have licenses provided for by law to carry out activities using ethyl alcohol.
Organizations working using resource-saving, environmentally friendly technologies have priority rights to receive quotas for the production or consumption of ethyl alcohol.
The procedure for determining quotas for the purchase of ethyl alcohol is established by the Government of the Russian Federation.
3. Licensing of activities in the field of industrial production or circulation of ethyl alcohol, alcoholic and alcohol-containing products is carried out in accordance with the Federal Law "On state regulation of the production and turnover of ethyl alcohol, alcoholic and alcohol-containing products" (see clause 2 of article 1 of the Federal Law dated August 8, 2001 N 128-FZ "On licensing individual species activities").
Federal Law No. 171-FZ of November 22, 1995 ambiguously defines the list of licensed activities: according to paragraph 1 of Art. 18 of the said Federal Law, activities for the production and circulation of ethyl alcohol, alcoholic and alcohol-containing products, with the exception of the retail sale of alcoholic and non-food alcohol-containing products, are carried out only by legal entities, regardless of their form of ownership, on the basis of licenses issued by federal executive bodies authorized by the Government of the Russian Federation and valid throughout the territory of the Russian Federation (federal licenses), as well as licenses issued by the authority state power, defined by the legislation of the corresponding subject of the Federation, and operating on the territory of this subject of the Federation or also on the territories of other subjects of the Federation with which the given subject of the Federation, which issued the licenses, has relevant agreements.
An exhaustive list of licensed types of activities in the field of production and circulation of ethyl alcohol, alcoholic and alcohol-containing products is determined by clause 2 of Art. 18 of the Federal Law of November 22, 1995 N 171-FZ, according to which licenses are issued to carry out the following types of activities:
- production, storage and supply of produced ethyl alcohol, including denatured alcohol;
- purchase, storage and export of ethyl alcohol and alcoholic products;
- storage of ethyl alcohol, alcoholic and alcohol-containing food products;
- purchase, storage and supply of alcoholic and alcohol-containing food products;
- export of alcoholic products;
- import, storage and supply of ethyl alcohol, alcoholic and alcohol-containing food products;
- production, storage and supply of alcohol-containing non-food products, as well as other types of production activities, in the implementation of which as raw materials or auxiliary material ethyl alcohol is used;
- retail sale of alcoholic products.
Thus, in relation to licensing the retail sale of alcoholic products, clauses 1, 2 of Art. 18 of the Federal Law under consideration contain mutually exclusive requirements.
In accordance with paragraph 10 of Art. 18 of the Federal Law "On state regulation of the production and turnover of ethyl alcohol, alcoholic and alcohol-containing products" licenses for the retail sale of alcoholic products are issued by the constituent entities of the Federation in the manner established by them, taking into account the provisions of this Federal Law. The powers to license the retail sale of alcoholic beverages may be transferred by a subject of the Federation to the authorities local government in accordance with Art. 7 of the said Federal Law.
Retail sale of alcoholic products by a person not vested with the powers of a licensee, or by a licensee in violation of the requirements and conditions of licensing, is qualified under Part 3 of Art. 14.16 Code of Administrative Offenses (see commentary).
4. According to clauses 6, 7 of Art. 18 of the Federal Law of November 22, 1995 N 171-FZ licensing of industrial production and circulation of ethyl alcohol, alcoholic and alcohol-containing products, depending on the volume of said production and the percentage of ethyl alcohol in finished products, is carried out on the basis of federal licenses and licenses of constituent entities of the Federation.
In relation to the specified Federal Law under industrial production ethyl alcohol, alcoholic and alcohol-containing products means the production of such products legal entity in a volume exceeding the needs own production, for the purpose of selling it and making a profit. Turnover refers to purchases (including imports), deliveries (including exports), storage and retail sales of these products.
Industrial production or circulation of ethyl alcohol, alcoholic and alcohol-containing products without a license or by a licensee in violation of licensing requirements and conditions is qualified under Part 4 of the commented article.
5. In accordance with the Rules for the sale of alcoholic products, approved by Decree of the Government of the Russian Federation of August 19, 1996 N 987, the sale of alcoholic products is carried out only with a license issued in the manner established by law RF. The seller is obliged to provide the buyer with relevant information indicating the license number, its validity period and the issuing authority. This information should be posted in places that are convenient for reference.
6. Cases of administrative offenses provided for in parts 1, 2 and 4 of the commented article are considered by judges (see paragraph 8 of the commentary to article 14.1).
Cases of administrative offenses provided for in Part 2 of this article are considered by officials of the Ministry of Taxes and Taxes of Russia and its territorial bodies specified in subparagraph. "b" - "d" paragraph 7 of the commentary to Art. 14.16.

Case No. 5-313-2017

RESOLUTION

in the case of administrative offense

Judge of the Ustinovsky District Court of Izhevsk Udmurt Republic Polyakov D.V.,

with the secretary of the court session Rogozhnikova E.M.,

having considered at a court hearing a case of an administrative offense provided for in part 1 of article, in relation to Korlyakova FULL NAME4, DD.MM.YYYY DOB, native, registered and residing at the address: , officially not employed, dependent on minors and other disabled persons her has not previously been brought to administrative responsibility,

INSTALLED:

The Ustinovsky District Court of Izhevsk received protocol No. dated DD.MM.YYYY about an administrative offense against O.M. Korlyakova. upon the commission of an administrative offense provided for in Part 1 of Article.

From the said protocol on an administrative offense it follows that DD.MM.YYYY at hours minutes O.M. Korlyakova, being at a shopping kiosk located at the bus stop public transport"2nd microdistrict" in the direction, carried out the sale of alcohol-containing products, namely: "", volume ml., as an individual, not being a member labor relations, without having a license for the retail sale of alcoholic beverages, that is, she committed an offense under Part 1 of Article.

Report of the police duty department No. 4 (KUSP No. dated DD.MM.YYYY), according to which DD.MM.YYYY per hour. I received a telephone message that OOT "" was selling ld alcohol in a kiosk. 8);

The report of the detective department for the Ustinovsky district of the OEB and the PC of the Ministry of Internal Affairs of Russia for the city of Izhevsk from DD.MM.YYYY, according to which a message was received that in the shopping and stopping complex at the address: , alcoholic beverages are being sold, namely ethyl alcohol (case sheet 9);

Resolution on the purchase dated DD.MM.YYYY, according to which a decision was made to conduct a public test purchase of sold ethyl alcohol in the shopping and stopping complex located at the address: (ld. 10);

Test purchase protocol dated DD.MM.YYYY, according to which DD.MM.YYYY per hour. min. a test purchase was made at the shopping center located at the address: , during which O.M. Korlyakova purchased two bottles of “” ml., in glass containers, % alcohol, at a price of rub. per unit (case sheet 11-12);

The protocol of inspection of the scene of the incident dated DD.MM.YYYY, according to which the Ustinovsky district branch of the Economic Security Department and the PC of the Ministry of Internal Affairs of Russia in Izhevsk, Ermolaev inspected the shopping center at the address: , during which three boxes with alcohol-containing liquid were seized (ld. 13-16);

Explanation by O.M. Korlyakova from DD.MM.YYYY, according to which the latter explained that she works in trade pavilion, located at the address: public transport stop "". IN evening time a man approached her, knocked and asked for a small bottle of alcohol-containing liquid, which she sold for rubles. She also explained that earlier she received three boxes of alcohol-containing liquid “”, which she decided to sell (case sheet 17-18);

A research certificate from DD.MM.YYYY, according to which the liquids submitted for research contain ethyl alcohol. The ethyl alcohol content (strength) in this liquid was 96% vol. Diethyl phthalate, crotonaldehyde, gasoline, and kerosene were not detected in the presented liquid (case sheet 22);

Response from the Ministry of Industry and Trade of the UR No. dated DD.MM.YYYY, according to which a license for the retail sale of alcoholic beverages to an individual O.M. Korlyakova. was not issued (case file 23);

Explanation by O.M. Korlyakova from DD.MM.YYYY, according to which the latter explained that in the morning DD.MM.YYYY she came to work at the stall she rented at public transport stop “2” at the address: . In the evening, a man approached her, knocked and asked for a small bottle of alcohol-containing liquid, which she sold for rubles. She also explained that she had previously received three boxes of Stopsept alcohol-containing liquid, which she decided to sell. In addition, she explained that she is not an individual entrepreneur (case file 28).

Based on paragraph 24 of paragraph 1 of Article 26 of the Federal Law of November 22, 1995 No. 171-FZ “On state regulation of the production and circulation of ethyl alcohol, alcoholic and alcohol-containing products and on limiting the consumption (drinking) of alcoholic products” in the field of production and circulation of ethyl alcohol , alcoholic and alcohol-containing products, retail sale of alcoholic products in violation of the requirements of Article 16 of this Federal Law is prohibited.

Article 16 of Law 171-FZ establishes special requirements To retail sales alcoholic beverages, retail sale of alcoholic beverages during the provision of services catering, including a ban on the sale of such products on all types of public transport (transport public use) urban and suburban traffic, at stopping points (including metro stations), at gas stations (subparagraph 4 of paragraph 2).

According to Article 28.3 of the Code of the Russian Federation, protocols on cases of administrative offenses, including those provided for in Article 14.17.1, are drawn up by officials of internal affairs bodies (police).

Having studied the received protocol No. dated DD.MM.YYYY, I come to the conclusion that the protocol was drawn up in accordance with the article of the Code of the Russian Federation on Administrative Offenses.

Evaluating the given written materials cases, I believe that they are drawn up fully and competently, in accordance with the requirements of the law, and accepts them as evidence.

Having studied the case materials and assessed the evidence collected in the case in its entirety, the court comes to the conclusion that the fact of an administrative offense and the guilt of O.M. Korlyakova has been established and proven.

DECIDED

Find Korlyakova FULL NAME5, DD.MM.YYYY DOB, native, registered and residing at the address: guilty of committing an administrative offense under Part 1 of the article and sentence her to an administrative fine in the amount

The decision can be appealed within ten days from the date of delivery or receipt of a copy of the decision by filing a complaint through the Ustinovsky District Court or directly to Supreme Court Udmurt Republic.

Judge D.V. Polyakov

Information about the recipient of the fine in accordance with Part 1.1 of the article:

Recipient: UFK for the Udmurt Republic (State Institution “Office of the Ministry of Internal Affairs of Russia for the city of Izhevsk” OP-4), TIN 1833053506, KPP 184001001, account 40101810200000010001 in the National Bank of the Udmurt Republic of the Bank of Russia of Izhevsk, BIC 049401001 , KBK 18811608010016000140, UIN 18880418170001524539 .

Clarify that, according to Part 1 of the article, an administrative fine must be paid by a person held administratively liable no later than 60 days from the date the resolution imposing an administrative fine comes into force, except for the case provided for in Part 1.1 of this article, or from the date of expiration of the deferment period or installment plan period provided for in Article 31.5 of this Code.

October 30, 2017 at 10:30 a.m. UUP PP 10 OP No. 2 as part of the Regional Ministry of Internal Affairs of Russia for the city of Saratov ml. The police lieutenant established that in the premises of a private house located at the address: Saratov, Sheveleva N.N. offers for sale alcohol soda...

08/31/2017 by the district police commissioner of OP No. 4 of the Ministry of Internal Affairs of Russia for the city of Samara E.A.A. Protocol No.... was drawn up on an administrative offense against B.A. Ternovsky, from which it follows that on July 31, 2017 at 4:15 p.m. Ter...



Did you like the article? Share with your friends!