ew Criminal Code.
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24. January 1997 This material does not deal with every important topic nor cover every aspect of the topic referred to. It is not designed to provide legal or other advice. Russia's new Criminal Code came into force on 1 January 1997 following its approval by President Yeltsin on 27 December 1996. In addition, on 8 January 1997 the President signed the new Criminal Correction Code, which will come into force in July 1997. The Criminal Correction Code will regulate the conditions under which convicted criminals serve out their sentences. The Criminal Code replaces the Soviet code of 1960, which, though amended to reflect Russia's market reforms, did not provide effective sanctions against economic crimes. The new code addresses all economic crimes and crimes against property (theft, robbery, acquisition of property through fraud or breach of trust, embezzlement, extortion and criminal damage). Economic crimes include obstructing lawful business activity, registering illegal land transactions, unlicensed business activity where a licence is required, illegal banking activity, monopolistic and anti-competitive activity, fraud, counterfeiting, money laundering, tax evasion, and intellectual property-related crimes. For the first time, the Criminal Code includes punishments for violations of intellectual property laws. Violation of copyright, patent and trademark rights are each punishable by a fine of between 200 and 400 times the minimum wage, up to two years' imprisonment or between 180 and 240 hours of "compulsory works", which has yet to be clearly defined. Illegal activity in securities issues, such as the inclusion of unreliable information in an issue prospectus or the approval of a dubious issue may, if they result in damage, face a fine of between 200 and 500 times the minimum wage, compulsory works of 180 to 240 hours or corrective labour for between one and two years. Counterfeiting of banknotes or securities is punishable by a prison sentence of five to eight years for an individual counterfeiter and eight to fifteen years for counterfeiting committed on behalf of an organised group. Possible sentences for tax evasion by an individual are a fine of 200 to 500 times the minimum wage, up to one year's imprisonment or compulsory works of 180 to 240 hours. Tax evasion by organised groups may lead to a prison sentence of up to three years or disqualification from certain activities for the officers involved. There are harsher maximum sentences for repeated tax evasion or counterfeiting. Although the code permits capital punishment and increases the maximum sentence for banditry and murder from 15 to 20 years, both the number of crimes punishable by death and the maximum sentences for non-violent crimes are significantly reduced. Capital punishment only applies to very serious crimes that encroach on human life. Similarly, imprisonment for life may only be imposed as a substitute for the death penalty where the sentencing court deems the death penalty inapplicable. Neither penalty may be applied to women, minors and men over 65. Offences punishable by the death penalty or life imprisonment include terrorist acts and genocide.
At the end of December 1996, the State Duma voted almost unanimously in favour of a draft law for the destruction of Russia's estimated 40,000 chemical weapons. The draft law now goes to the Federation Council for consideration. It provides a framework for the destruction of such weapons on Russian territory while maintaining safety standards. Destruction of Russia's chemical weapons has so far been prevented by a lack of appropriate legislation. Russia will also ratify the international Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons, which, along with more than 100 other nations, it signed in Paris in 1993. The Convention has now been signed by 161 countries and ratified by 65 and comes into force on 29 April 1997. The Organisation for the Prohibition of Chemical Weapons, based in The Hague, will be responsible for monitoring enforcement of the Convention.
The Duma unexpectedly approved a draft law taxing the purchase of foreign currency with cash rubles. If enacted, the draft law would introduce the latest new tax intended to increase federal budget revenue. The federal budget itself has been approved by the Duma and passed to the Federation Council for review. The new tax has been criticised for the adverse effect it might have on small savers buying currency with cash rubles, while commercial organisations and customers of financial exchanges would be exempt. Banks and exchange points will find it difficult to administer the law, since, as well as the current requirement for banks to issue a certificate for each exchange transaction, they will have to collect the new tax. The government has expressly favoured channelling more savings into the ruble to minimise these potential difficulties.
The Ministry of Justice has stated that the laws of 19 Russian Republics are unconstitutional and threatening to Russian federalism and territorial integrity. The Russian President has instructed his head of staff Anatoly Chubais, Minister of Justice Valentin Kovalyov and Prosecutor General Yuri Skuratov to prepare proposals for holding regional officials responsible for delays to new, constitutional legislation. Meanwhile, in mid-December 1996, the Duma passed in its final reading a draft law regulating relations between the Russian regions: krais, oblasts, and autonomous okrugs. Nine krais and oblasts contain autonomous okrugs. The draft law makes okrugs subject to the laws of the corresponding oblast or krai and states that local elections must be held in all Russian territories without exception. The Duma's approval of the draft was particularly relevant following the refusal of the legislature of Yamal-Nenets, the okrug situated in Tyumen oblast, to participate in Tyumen's gubernatorial elections. 
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Weapons Law 
