Ministry of Agriculture of the Russian Federation

Federal State Educational Institution

State University for Land Management

Faculty of Law

Department of Law

discipline: "Criminal law"

Topic: "Responsibility for smuggling".

Completed by: Checked by: Ph.D. in Law, Associate Professor Koshaeva T.O.

Moscow, 2012

Table of contents: Introduction 3 pages. Chapter 1. Definition of smuggling and responsibility for it. 5 p. 1.1. Smuggling of non-prohibited goods. 9 p. 1.2. Smuggling of prohibited goods. 11 pp. Chapter 2. Consequences of smuggling. 12 p. Conclusion. 18 pp. Appendix 19 pp. References. 30 pages Introduction. One of the dangerous economic crimes is smuggling. 1. Smuggling, that is, large-scale movement across the customs border Russian Federation goods or other items, with the exception of those specified in part two of this article, committed in addition to or with concealment from customs control or with fraudulent use of documents or means of customs identification, or associated with non-declaration or unreliable declaration. Shall be punishable by a fine in the amount of one hundred thousand to three hundred thousand rubles or in the amount of wages or other income of the convicted person for a period of one to two years, or by deprivation of liberty for a term of up to five years. 2. Movement across the customs border of the Russian Federation of narcotic drugs, psychotropic substances, their analogues, tools and equipment under special control and used for the production and manufacture of narcotic drugs and psychotropic substances, potent, poisonous, poisonous, explosive, radioactive substances, radiation sources , nuclear materials, firearms, explosive devices, ammunition, weapons of mass destruction, their means of delivery, other weapons, other military equipment, as well as materials and equipment that can be used in the creation of weapons of mass destruction, their means of delivery, other weapons, other military equipment, in respect of which special rules have been established for the movement across the customs border of the Russian Federation, strategically important raw materials or cultural values, in in relation to which special rules have been established for moving across the customs border of the Russian Federation, if this act was committed in addition to or with concealment from customs control or with the fraudulent use of documents or means of customs identification, or is associated with non-declaration or false declaration. Shall be punishable by deprivation of liberty for a term of three to seven years, with or without a fine in the amount of up to one million rubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of up to five years. It is this definition of smuggling and responsibility for this donation that is given to us by the Criminal Code of the Russian Federation in Article 188, part 1 and part 2. Smuggling refers to crimes that fall within the scope of criminal activities of organized criminal groups, the participants of which are commodity producers, participants foreign economic activity, resellers, small commodity traders, workers transport companies, customs services etc. Smuggling out of our country, as a rule, is exported: currency, antiques, non-ferrous and rare earth metals, oil and oil products, gas, timber, coal, furs, building materials, alcoholic drinks, food. Illegally imported into the territory of the Russian state, in particular, cheap consumer goods, used vehicles, drugs, psychotropic and potent substances. The largest number of detected facts of smuggling, which constitutes the corpus delicti of the corresponding crime, is recorded on the borders with the former Soviet republics, as well as along the entire perimeter of the land, sea and air borders of Russia. Chapter 1.Definition of smuggling and responsibility for it. With the adoption in 1996 of the Criminal Code of the Russian Federation, a number of socially dangerous acts that cause significant harm in the field of customs were criminalized. The expansion of the list of customs crimes, in turn, to a certain extent, complicated the task of law enforcement agencies in correctly qualifying these criminal acts and distinguishing them from each other. The most serious difficulties in practical activities law enforcement agencies arise when distinguishing between smuggling and evasion of customs payments, as evidenced by the contradictory nature of investigative and judicial practice. Difficulties in distinguishing between smuggling and customs evasion largely arise due to the fact that both articles providing for liability for these crimes contain blanket dispositions and for their interpretation it is necessary to take into account whole line prescriptions of the customs legislation, as well as the prevailing judicial practice in terms of their content and meaning. But, it is worth noting separately that in Art. 188 and 194 of the Criminal Code of the Russian Federation contain norms that formulate signs of crimes that differ significantly in their immediate object. The direct object of the crime is one of the main criteria for distinguishing between smuggling and evasion of customs payments (as well as distinguishing between smuggling and other customs crimes). The rule enshrined in Art. 188 of the Criminal Code of the Russian Federation, is aimed at protecting public relations that regulate the established procedure for the movement of goods and other items across the customs border of the Russian Federation. Evasion of customs payments encroaches on social relations that determine the established procedure for paying customs payments to the state revenue and the formation of the revenue part of the state budget. The obvious substantive difference in social relations protected by Art. 188 and Art. 194 of the Criminal Code of the Russian Federation, testifies to the independence of smuggling and evasion of customs payments. It is also necessary to distinguish between smuggling and evasion of customs payments on the subject of encroachment. So, the subject of smuggling are any goods or other items, both specified and not specified in Art. 188 of the Criminal Code of the Russian Federation; the subject of evasion from payment of customs payments, are the customs payments provided for in Art. 110 of the Customs Code of the Russian Federation, or rather those cash, which the state will not receive as a result of a citizen's failure to fulfill the obligation to pay customs duties when moving goods from the customs territory of one state to the customs territory of another. Thus, one of the dangerous economic crimes is smuggling. In accordance with Art. 15 of the Criminal Code of the Russian Federation smuggling, the signs of which are contained in Part 1 of Art. 188 of the Criminal Code of the Russian Federation, refers to crimes of medium gravity, in Part 2 of Art. 188 of the Criminal Code of the Russian Federation - to serious, in parts 3 and 4 of Art. 188 of the Criminal Code of the Russian Federation - to especially grave crimes. The legislator differently determined the large amount for the crimes in question. When committing smuggling, under Part 1 of Art. 188 of the Criminal Code of the Russian Federation, a person is subject to criminal liability if the value of the transferred goods exceeds 500 minimum dimensions wages. On the objective side, smuggling consists in illegal actions to move goods or other items across the customs border of the Russian Federation on a large scale (part 1 of article 188 of the Criminal Code of the Russian Federation), or goods restricted or withdrawn from free civil circulation (part 2 of article 188 of the Criminal Code RF). At the same time, the methods of smuggling are exhaustively set out in the law: movement in addition to or with concealment from customs control, with the fraudulent use of documents or means of customs identification, with non-declaration or false declaration. From the point of view of the peculiarities of the legislative structure of the objective side, it can be stated that smuggling is a crime with a formal composition and is considered completed from the moment a socially dangerous act is committed - the actual illegal movement of goods or other items across the customs border of the Russian Federation. Each of the actions constituting smuggling are independent and are committed in different time, that is, on different stages customs control. Smuggling should be distinguished from the non-return to the territory of the Russian Federation of objects of artistic, historical and archaeological heritage of the peoples of the Russian Federation and foreign countries on such elements of the composition as the object, the objective side and the subject. Having analyzed the current regulations, we can come to the conclusion that we will find a complete and legislative definition of "smuggling" only in the Criminal Code of the Russian Federation. In the Customs Code of 1993, the concept of "smuggling" is also given, but it has lost its force. Thus, in view of the above, we will general characteristics smuggling. smuggling (ital. contrabando, from contra- against and bando- government decree) is the secret transportation or transfer of goods and valuables across the state border with their concealment from customs control. The objective reasons for the growth of smuggling include: unreasonably high rates certain types taxes and duties; low level of tax and customs control; corruption of law enforcement and regulatory bodies; discrepancy between the level of tax and customs rates, as well as the economic situation, the low level of well-being of citizens, when low-income people, driven by hopelessness, deliberately participate in illegal business. The objects of smuggling are extremely numerous and varied, and its scale reaches dangerous proportions. Of particular danger are smuggling in and out of such items as narcotic drugs, weapons, and cultural values. Highly organized transnational markets associated with the smuggling of these goods have developed. Along with prohibited goods, the subject of smuggling is a wide range of normal goods that have not been withdrawn from civil circulation. 1.1. Smuggling of non-prohibited goods. This category includes all other goods that are not included in the list of prohibited items and are not objects of art. The list of them is huge, and it can be continued almost endlessly. For example, let's take a look at the most common of them: Tobacco smuggling: According to experts, cigarette smuggling increased by 120% from 2000 to 2010. A wave of cigarette smuggling is now coming to us in a huge stream from the Kaliningrad region, across the border with Lithuania. March 2010 in the customs control zone of the customs post MAPP Sovetsk during the customs inspection truck"Mercedes", en route to the Republic of Lithuania under the control of a Russian citizen, hidden cigarettes "Jin Ling", "Saint George" worth about 850 thousand rubles were found in a specially equipped cache, total which amounted to more than 55 thousand packs. On this fact, a criminal case was initiated. The magnitude of the smuggling problem can be determined by looking at the difference between world exports and imports; most of the "missing" cigarettes are smuggled. The number of cigarettes produced in the world is known fairly accurately, and since cigarettes do not last very long, world production is almost the same as world consumption, i.e. there are no large stocks of cigarettes. World imports should be close in size to exports. In 2005, 2,356 billion cigarettes were exported and only 1,890 billion imported, a difference of just over 500 billion. After subtracting 45,000 billion legally sold duty-free cigarettes, there are 455 billion missing cigarettes. The only logical explanation for such a loss is smuggling. Smuggling of bio-products, rare species of flora and fauna: According to Interpol, last year the world turnover of smuggling of specimens of flora and fauna came in second place after drug trafficking, surpassing even the illegal arms trade. The wild flora and fauna of the East of Russia was especially under severe pressure. "Biological" smuggling becomes on the territory of the Russian Far East one of the most common types of customs violations. Smuggling of rare animals and plants from the Russian Far East has increased dramatically after the emergence of contacts between local criminal forces and criminal organizations in the Asia-Pacific region. According to experts from the Far Eastern Operational Customs, most of the smuggling of animals and plants listed in the Red Book is intercepted in the Chinese direction, the second and third places are occupied by the Republic of Korea and the DPRK, respectively. The increased demand for natural raw materials used in medicine and cooking in these countries is a powerful incentive for local poachers and dealers. On the eastern section of the Russian-Chinese border Customs Increasingly, illegally exported derivatives of rare animals are seized - this is the so-called jet of musk deer, bear bile, bones of the Amur tiger, used in China to make preparations of oriental medicine. took on a massive character smuggling of sturgeon caviar. About 50 percent of the black caviar trade, according to the US Fish and Wildlife Service, is illegal. The stock of sturgeon in the Caspian, where 90 percent of all black caviar is mined, has decreased by 70 percent over the past 20 years. As a result of smuggling, Russia is deprived of an important source of foreign exchange earnings. 1.2 Smuggling of prohibited goods. The list of prohibited substances and goods includes: smuggling of narcotic drugs, psychotropic substances, their analogues, plants containing narcotic drugs or psychotropic substances, or parts thereof containing narcotic drugs or psychotropic substances, adjuncts to them, tools and equipment under special control and used for the production and manufacture of narcotic drugs and psychotropic substances, potent, poisonous, poisonous, explosive, radioactive substances, radiation sources, poisonous materials, firearms, explosive devices, ammunition, weapons of mass destruction, their means of delivery, other weapons, other military technology, as well as materials and equipment that can be used to create weapons of mass destruction, their delivery vehicles, other weapons, other military equipment. A special niche in the smuggling of illicit goods in Russia is occupied by the smuggling of narcotic drugs, psychotropic substances, their analogues, plants containing narcotic drugs or psychotropic substances, or parts thereof containing narcotic drugs or psychotropic substances and their adjuvants. They are smuggled using all possible means, crossing the border of the territory of the Russian Federation, both by air and by land, exporting and importing illicit drugs. Along with the smuggling of drugs and drugs containing them, the smuggling of weapons also acts. As an example, I would like to cite a high-profile criminal case that took place in the Moscow City Court in 2009. as part of the jury on charges of Zhuravlev S.M., Gimchinsky V.K., Chekushina S.N., Perepelkina O.A., Bagapov R.A. and Ananiev K.P. in the smuggling of prohibited substances as part of an organized criminal group on an especially large scale. Chapter 2. Consequences of smuggling. Consider the consequences of smuggling, using the example of cigarettes. Cigarette smuggling is now so widespread and well organized that it poses a serious threat to both public health, and for public finances, which are losing billions of dollars in revenue. Smuggling leads to loss of government revenue and even undermines the efforts of health authorities to reduce the number of smokers. The existence of a black market also means less revenue for legal tobacco companies and more opportunity for organized crime. The issue of smuggling has become the most compelling argument against the policies of governments that want to reduce consumption through taxation of tobacco. In its May 2006 tobacco tax report, the European Commission stressed that smuggling must be taken into account when planning tax increases, as the public health objectives of reducing tobacco use through tax increases would be far from met if tobacco products could avoid it. taxation. Smuggled cigarettes are sold at a price below the market price; thus, cigarettes become cheap, which increases consumption and undermines efforts to prevent smoking among young people. Smuggling offers the best-known international brands of cigarettes at prices that are affordable even to low-income consumers and image-conscious young people in developing countries where Western products are considered especially sophisticated and stylish. Since a third of the world's annual exports are smuggled, the effect is enormous. This leads to a massive increase in the disease burden, especially in poor countries. Contraband cigarettes are not subject to legal health restrictions and regulations, such as prohibitions on the sale of tobacco to minors, labeling requirements, and regulations regarding acceptable additives. Finally, the increase in cigarette smuggling also means more opportunities for organized crime, which is also involved in activities in other areas, such as drugs, which can increase the overall level of corruption in the country. Smuggling on a large scale means the presence of criminal organizations and enough developed system distribution of smuggled cigarettes at the local level. Smuggling covers international brands produced by multinational companies and distributed by criminal organizations that operate in all parts of the world and can buy large quantities duty-free of cigarettes that have previously "disappeared" in international traffic. To limit smuggling, it is advisable to take the following measures: Increase in penalties. Smugglers smuggle cigarettes because the benefits outweigh the risks. It is necessary to revise the fines upwards so that their size, combined with the possibility of being caught, makes smuggling financially unattractive. Requirements for the presence of an excise stamp on tobacco products. The goal is to create a clear distinction between legal and illegal goods so that smuggled goods are easy to detect and the law is easy to enforce. Such stamps should be visible and located on each pack under the cellophane packaging. They must be designed in such a way that they are difficult to counterfeit. Requiring special packaging and labeling of products indicating their duty-free status. The fight against smuggling requires the implementation of strict control over the transport of duty-free cigarettes. Where permitted, in duty-free shops or elsewhere, these packs must be clearly labeled as duty-free. Sellers retail, consumers and law enforcers should be able to easily determine which goods are duty-free and which are not. The requirement for a special license for the production, export, import, wholesale trade, retail, and tobacco storage. Licenses help to identify and monitor the activities of various individuals in the tobacco industry and facilitate the implementation of anti-smuggling laws. The license may contain certain conditions, in case of violation of which or in case of violation of tobacco laws, it may be suspended. The threat of losing a license can deter potential traders from smuggling cigarettes. Requiring each tobacco manufacturer to print its unique serial number on all packs of its tobacco products. This will help the authorities to determine the manufacturer of the products, the place and date of issue. If technology permits, this number could be replaced by a chain of ownership mark that would not only help the authorities identify the manufacturer, but also identify the distributor, wholesaler and exporter. Accounting requirement. There is a need for record keeping and tracking systems that will hold manufacturers accountable for ensuring that cigarettes legally reach the market at their destination. Cigarettes could only be transported if information was available on all intermediate trading companies, the route, and the final destination. Computerized control systems will help States perform real-time screening and risk analysis before each batch of tobacco products is released onto the route. In this way, countries will have information on each individual lot and will be able to carry out spot checks on the spot, how and when they choose. In Hong Kong, the use of computers to track the movement of cigarettes and cooperation with other countries has contributed to a significant drop in cigarette smuggling. The requirement that exported cigarettes be labeled with the country for which they are intended and health warnings be made according to the rules of that country. In most parts of the world, there are regulations that require companies to print health warnings on packs of tobacco products. The style, wording, location, and language of these warnings vary from country to country. Exporters must designate the country of destination and ensure that country-specific tobacco products have the appropriate warning form. You can also require specific labels for cigarettes that are not exported. Requiring exporters to issue customs bonds on shipments of cigarettes, which can only be closed if the consignment is proven to have reached its destination. Establish moderate rates of taxes and customs duties. The experience of combating this evil proves that if some governments tighten the system of taxation, they thereby provide an even greater opportunity for smugglers to satisfy consumer demand. According to the State Customs Committee of the Russian Federation, the volume of goods imported into the territory of Russia, declared not by their own names, reaches 40%. Non-ferrous and rare-earth metals, timber, raw materials of a strategic nature, bio-products are the subject of smuggling in the course of export operations. The state bears huge losses in the field of production, processing and export of hydrocarbon raw materials. According to Western European experts, with a civilized organization of trade in raw materials and resources, Russia could earn up to 100 billion dollars annually in the form of profit. Let's consider the main methods of carrying out smuggling operations during export. "traditional" method. Involves illegal crossing of the customs border, bypassing customs posts or by falsifying customs documents. This method is most widely used at the borders with Belarus and Kazakhstan. In a number of cases, conspiracy is used with representatives of the air, land, and naval forces in order to use Vehicle, naval bases and special airfields, bypassing customs control. Illegal export under the guise of intra-customs transit.
This method is used to export raw materials under the guise of those sent from the CIS countries and passing through the territory of Russia. Forgery of the declaration, bribery of customs officers is carried out. Particularly widespread was the export of oil, metal, timber to China, Iran through Ukraine, the countries of Central Asia and the Caucasus. Smuggling of goods under the guise of exporting goods for temporary storage and processing abroad. Exported resources are not returned. Fictitious documents are submitted to the regulatory authorities confirming that the cargo has crossed the Russian customs border already as an export delivery. Sometimes false rejection letters are issued on behalf of dummy Russian enterprises and organizations that supposedly were supposed to receive processed products. Thus, they motivate the sale of goods abroad. For example, large consignments of oil and oil products are exported from Russia without registration of export contracts to Ukraine and Belarus, and then, in violation of obligations for temporary storage and processing, they are sold in Western Europe and the United States. In order to conceal such transactions, fictitious documents about goods allegedly imported into Russia are presented to the customs authorities. Export within the framework of officially concluded export contracts with firms established by them abroad. At the same time, the prices of the official export contract are usually underestimated. This method is used when exporting rare earth metals and other valuable raw materials that require a thorough examination and expert opinion on quality. In connection with the implementation of tolling operations with foreign tolling raw materials. In a number of cases, not only finished products, and own Russian raw materials. Fictitious documents for products and raw materials are used. Illicit export under the guise of enterprises with foreign investment and joint ventures. Raw materials that are not products are exported own production or allowed for duty-free export. The illegal export of Russian strategically important raw materials abroad is often accompanied by theft, bribery, tax evasion and other abuses that cause significant damage to Russia's economic interests. In order to achieve their selfish goals, criminal formations actively penetrate into the economic and financial activity enterprises of the fuel and energy, metallurgical and timber complexes, create various commercial structures to cover up their illegal activities. Conclusion. The public danger of crimes related to smuggling lies in harming economic sovereignty and economic security the state. The main feature of a crime as a criminally punishable act is illegal movement across the customs border of the Russian Federation. The concept of "customs border of the Russian Federation" does not coincide with the concept of "state border of the Russian Federation". In accordance with Article 3 of the Labor Code of the Russian Federation, the customs border is the limits of the customs territory of the Russian Federation, as well as the perimeters of free customs zones and free warehouses. The customs territory of the Russian Federation consists of the land territory of the Russian Federation, territorial waters, and the airspace above them. It also includes artificial islands, installations and structures located in the maritime exclusive economic zone of the Russian Federation, over which the Russian Federation has exclusive jurisdiction in relation to customs. There may be free customs zones and free warehouses on the territory of the Russian Federation. The territories of free customs zones and free warehouses are considered as being outside the customs territory of the Russian Federation, except for the cases determined by the Labor Code of the Russian Federation and other legislative acts of the Russian Federation on customs matters. In accordance with paragraph 5 of article 18 of the Labor Code of the Russian Federation 2, moving 0 across the customs border of the Russian Federation is the performance of actions to import into the customs territory of the Russian Federation or export from this territory goods or vehicles by any means, including shipment in international postal items, use of pipeline transport and power lines. These actions include: when importing goods or vehicles into the customs territory of the Russian Federation and when importing from the territory of free customs zones and from free warehouses to the rest of the customs territory of the Russian Federation, the actual crossing of the customs border of the Russian Federation. Bibliography: 1. Serdyuk L. V. Controversial issues of criminal liability for smuggling [Text] / L. V. Serdyuk, O. G. Stepanova // Bulletin of VEGU. - 2010. - N 5 (49). -- S. 83-88. (0.75 / 0.48 p. l.). 2. Stepanova O. G. Socio-demographic characteristics of persons who have smuggled narcotic drugs, psychotropic substances, their analogues, plants or their parts containing narcotic drugs or psychotropic substances [Text] / O. G. Stepanova // Scientific Review : legal columnist. - 2011. - N 4. - S. 60--65. (0.5 p. l.). 3. Rozuman I. V. Problems of criminal liability for smuggling: comparative analysis // Legal issues strengthening of Russian statehood: Sat. articles / Ed. V. A. Utkina. - Tomsk: Publishing House of Tomsk University, 2004. - Part 20. - 0.2 p. 4. Kislovsky Yu.G. uch. Smuggling: history and modernity. M., 2002 Paragraph in red. Federal Law of May 7, 2002 N162 -FZ Criminal Code of the Russian Federation Art. 188. (ed. from 2012) Kislovsky Yu.G. Uch.Smuggling: history and modernity. M., 1996 Art. 190 of the Criminal Code of the Russian Federation Art. 188 of the Criminal Code of the Russian Federation Art. 190 of the Criminal Code of the Russian Federation. Data taken from the magazine "Customs Bulletin" for Dec. 2005. Motivated verdict of the court in App. Customs bulletin Kozyrin uch.Customs law. 2008

Are they not allowed into the reserve? Well, this is correct, if we take into account the cultural (or rather, uncultured) appearance of the Soviet person. But I will not harm the reserve. However, they don't let me in either. As Kmits said ( One of the heroes of the novel by G. Senkevich "The Flood"): "Please! Do not give? Take it yourself!"

So - go ahead.

But to fulfill this decision was not so easy, as I was convinced when, having passed through the entire resort and admiring the Black Lake - Kara-Kol, I reached the "slingshot": the resort area ended here and the reserve began.

Alas, in front of me was a barbed wire fence. One of its ends descended into the stormy Teberda, the other rested against the rock. In the place where the highway crossed the fence, there was a gate, a booth and a watchman.

I sat down nearby, at the gate, took out an album, a pencil and began to sketch snowy peaks that were still unfamiliar to me, but attracting like a magnet: the Sofrudzhu glacier.

The watchman closely followed the birth of a work of art and went away only to check the pass and road of dump trucks loaded with asphalt for the highway construction that was already beginning).

When one of the cars passed, I slipped after it.

- Where?! You can't go there! the watchman yelled.

“I am an artist, and I paint here,” I said, sitting down just outside the gate.

I waited for the next car, and as soon as it stopped at the gate and the watchman started checking, I grabbed my album, grabbed my backpack and was already in the bushes in two jumps. Look for fistulas, only the bushes crackled.

Liberty! Beauty! And - no holidaymakers.

Snowy peaks riveted my gaze. Forward! To Dombai!

It is even hard to believe that every turn of the path, almost every step, opened up new landscapes - one more beautiful than the other. No matter how I hurried, I stopped at every step, fascinated by the wild beauty.

The trail is extremely scenic. Around are steep mountains. Amanaus hums nearby. Ferns are either emerald green or golden green in the sun. How the dewdrops sparkle! And the smell! It seemed to me that I was in a fairy tale, on that same fern meadow, sung by Alexei Tolstoy in the ballad about Ilya Muromets and revived in Shishkin's painting "Ferns"!

Fern lush tramples

Bogatyr horse ....

Dombayskaya Polyana... There used to be a monastery in this place. The monks knew how to choose the right place where they could be saved: to benefit people and feel the closeness of God. The monks were guides through the Greater Caucasus Range - between the Kuban and the Black Sea. The ringing of the bell indicated the path to salvation lost in the mountains. And, at the same time, nowhere do you feel the insignificance and omnipotence of man so much as in the face of the mountains - the foot of God's throne!

But I took up philosophy later, and in my first meeting with the Greater Caucasus, my eyes just ran wide.

In mid-August, at an altitude of 2500 m, at the foot of powerful glaciers, the nights are cold. Frost covers the grass, and I didn't even have a blanket. (In the future, I always took it with me to the mountains.) An attempt to get a place in a tent camp was unsuccessful: I, a wild tourist, was rejected, even though half of the tents were empty. No problem! Lodging for the night at the roots of a century-old spruce is no worse.

I was tired, but first of all I grabbed the album to capture the emerald green meadow with the campground against the backdrop of the mountains. Until dark, I painted - clumsily, albeit diligently. I had no experience, but the enthusiasm is huge and the joy of creativity is even more.

A dendrologist professor approached me. Here he was with his son, a student of meteorology, who took readings from the apparatus every two hours. The old man was indignant at the inhospitality of the leaders who forced me to spend the night in the cold. And at night the professor and his son woke me up a couple of times to make sure I wasn't cold. They were very surprised when I told them that I was not cold at all.

So - go ahead.

- You have perfect thermoregulation! exclaimed the professor.

How could I explain to him that this “thermoregulation” was the result of a hard test of strength in those years when I had to fight against cold, and hunger, and overwork, and constant fatigue, not daring to complain about anyone it was cruelty!

Road to Alibek

I love horses, I love trees, but how can I explain the fact that the sight of a defeated forest giant fascinates me and I can admire it for hours, and the sight of a dead horse gives rise only to a feeling of bitter pity? The horse is a mammal, like a man, and the death of a horse is something like memento mori ( remember death (lat.)) to us humans. And a dead tree tells us about life, about continuity, or something. But a cut down tree causes pain and indignation in me, like murder, like any violence.

I thought about this and many other things as I walked towards Alibek. The road was visible all the time, but Alibek was not there. All around is a forest thicket. Suddenly the forest ended, the road turned to the right, and Alibek sparkled in front of me with an ice cap. He seemed so close, very close! I still had to get used to the deceptive distances in the mountains.

I walked for a long time. The forest has already become stunted, "northern". Powerful trees are already behind. I met the last group of powerful fir trees in a valley protected from the winds near the alpine camp "Burevestnik".

Meeting tourists on the way to the Alibek glacier is not a surprise. They go there in droves. Couples meet...

The first thing I saw was a large broken spruce, on which clothes, both male and female, were neatly hung on hangers. A man sat under a tree, reading aloud from a heavy book. On the other side of the tree, on a fire kindled between two stones, a woman was cooking dinner in a smoky pot.

Idyll? Yes. But the protagonists of this idyll were somewhat unexpected in appearance. A middle-aged, stocky man, gray-haired and almost bald, was in nothing but shorts. The woman is a small, wizened, agile old woman.

Just looking around, I saw a tent nearby. I met a family of climbers. There were three of them. And they represented three generations. The third copy - Valka Olkhovskaya, a glorious seventeen-year-old girl - came up later, and together we sipped rice porridge with dried fruit compote.

This is how our friendship began at the foot of Alibek.

The fate of the Karachays

Another day I devoted to Dombay. I visited the Alibek glacier, went to Lake Turiem, climbed Semyonov-Bashi not without difficulty.

The weather was clear, and the expanses of alpine meadows, viewed from the top, shocked me with their beauty. But the marvelous grass, thick as felt, consisting of all kinds of clover, so beloved by sheep, remains unused because of the bungling of those who, having evicted the Karachays from the endless alpine meadows, in one fell swoop destroyed the sheep breeding that was so developed in the old days. Black spots turn black on the emerald grass: these are nettles that have grown in places where there used to be barns.

I learned about the ridiculous massacre of the Karachays a little later - in next year. Being in those parts, I spoke with them myself, and did not cease to be surprised.

Karachai is the most peaceful of all Caucasian tribes. Perhaps the only one that did not harbor hostile feelings towards the Russians. They are famous for their hard work and humility. But during the war, Satan beguiled them, and they rejoiced at Hitler. As punishment, they, like the Crimean Tatars, were evicted to Karaganda. In our country, unfortunately, such a measure is taken simply by the stroke of a pen, without regard for the consequences. By punishing the guilty, we punish the economy of our country even more. Countless flocks of excellent sheep of the Karachay breed, driven into the Kuban agricultural collective farms, perished. The wonderful breed of Karachay sheep has ceased to exist! But the Karachays themselves in Karaganda got accustomed perfectly. The fact is that they are very hardworking and enterprising. They, the highlanders, who lived in stone huts, built themselves adobe houses covered with straw, established irrigation Agriculture, breeding sugar beets, rice, brought cows.

But then came the reign of Khrushchev. And again, with a stroke of the pen, the Karachays were torn out of Karaganda and transplanted not to their native mountains, but to the Kuban valley. Komsomol members were sent to Karaganda to develop the already developed virgin lands. The Karachays were very unhappy. In Karaganda, they got a farm - each had two cows. They brought with them bags of sugar, rice. And here Kuban Cossacks greeted them like freeloaders.

- We lived in flagstone huts. They had sheep, donkeys, horses. They sent us to Karaganda. We learned how to build straw houses, to cover them with barricades. Now we are building wooden houses. We cover them with shingles ...

From this shingle my interview began. I was horrified. It turns out that Khrushchev allowed the settlers to cut wood in the reserve and make shingles in an artisanal way, in which up to 90 percent goes to waste, that is, it simply pushes itself into the abyss. Such handicraftsmen will cut down a giant fir of 30–40 meters, chop a couple of packs of shingles out of it - there is barely enough for a piglet per cage, and everything else is dumped. The soul hurts when you look at such ruthless waste! But who is to blame for this?!

Through the pass under escort? No, I've had enough!

Then, in 1956, going through the Klukhor Pass was not as easy as it is now. Not that the pass was more difficult or more dangerous, but it was simply difficult for someone who did not belong to one group or another, that is, did not have tourist vouchers. From Dombay to the Klukhorsky Pass, the group walked under escort: in front - a policeman and an armed guide; behind - again a policeman and a donkey. Between them is a chain of tourists.

No, I looked like under escort. I'm over it! And I decided to sneak at my own peril and risk.

The danger must have really existed. The mass expulsion of Chechens and Ingush could not go as smoothly as, for example, Moldovans from Bessarabia. First, it is more difficult to evict from the mountains; secondly, it is easier to hide there. Yes, and these nationalities are sufficiently recalcitrant ... Many were not caught; even more ran away from the road or already from the place of exile. No matter how many of them died, some part still returned. And they need to live somehow... Even if the kunaks help. But robbing tourists is very tempting.

I do not regret the time I spent on this rather tedious walk. It was very hot, and I repeatedly swam in the icy river. However, bathed is not the right word. I chose a backwater and, clinging to a branch, plunged into a roaring abyss. Creepy!

But Ganachkhir is behind. This is the rule for Caucasian rivers, even rivulets: with the confluence of a tributary, even the smallest stream, the river changes its name. So it is now: it is no longer Ganachkhir, but Northern Klukhor.

But it was time to think about lodging for the night, and I chose a room with all the comforts in the hotel of the Lord God: a bed of dry sand with a pillow of stone, running water from a ringing spring and a few bushes of ripe raspberries for dinner. If hunger is the best cook, then fatigue is the softest bed.

I am at the beginning of the serpentine, which has been pulled to the Klukhor Pass for many years in a row. They fought with this road under the tsar, pulled it in the post-revolutionary period, and during the war, the Germans. Thank God, nothing came of it: snow avalanches cut off the edge and in the spring everything starts from scratch.

At the foot - "Northern Shelter", a tent camp for tourists. It is located near the weather station. There is no way out of its territory without guides and police. No problem! I make my way through the bushes and further - in a plastunsky way. Here I am on a path along the North Klukhor mountain stream, which here cascades from rock to rock and roars so that you feel the rocks tremble under your feet. Hurrying to get as far as possible before sunset, I climb up the cliffs, wet with spray and foam.

It's still light up here. But below, in the valley, shadows are already gathering. The remaining daylight hours will be used for sketching. However, I will deal with them only after I have prepared for myself under a rock canopy a bed of ferns, as soft as possible and not very wet.

What an outlook!

I sit on a rock. She trembles from the foamy waterfall. Strange, it seems that it is torn up. This is an optical illusion, but still somehow unusual.

I acutely feel resentment because I am alone sitting here and admiring myself. Irus, Irus! How often do I remember you! You knew how to dream and enjoy the beauty of nature. How you dreamed about the Caucasus, about the mountains!

And here I am sitting here, in one of the most beautiful parts of the world, and talking to you. Mentally. You don't exist... And I will never have a comrade who can understand and feel the mountains - their greatness and beauty.

I sat for a long time and could not take my eyes off this unique beauty. Only the sunrise can compete with the beauty of the sunset. But bright, orange tones dominate there, but here it’s the other way around: the peaks fade, become transparent, and thick purple shadows rise from the depths of the valleys. Only separate small clouds, like tufts of cotton wool, stick to the chest of the "giant cliff".

Only when the stars were already lit, unusually bright at such a height, did I feel really cold, and I climbed into my cave. Already in the evening it was cold in my apartment, because it is on the same staircase with the peaks of the Greater Caucasus. But it doesn’t matter, but you can sleep peacefully - the path goes far and no one will bother me. And there is no hurry: on the pass the snow freezes overnight and on the glacier it is slippery. I'll sleep. But it was still dawn, when someone's steps made me alert Who could be here, near the Klukhorsky pass itself, on almost bare rocks, and even at an inopportune time! The dream vanished. Curiosity got the better of caution, and I leaned out of my nook. Thick fog, like a wadded blanket, covered everything. But something was moving in that fog. Yes, cows graze here! How many, two, three, six?

Cautiously, I crawled out of my hiding place on all fours. Suddenly, the “cows”, like meteors, rushed from their place and in an instant, flashing through the air, disappeared into the fog. I could see the horns pointing backwards. Those were... tours. Yes, those elusive tours famous for their caution!

Many have probably heard the term " smuggling". The meaning of the word mainly known to persons working in law enforcement structures, and citizens who violate the rules governing the transportation of goods across the border. Let's consider the phenomenon in more detail.

Smuggling: definition

The term has Italian roots. Literally translated smuggling is action contrary to the decision of the authorities. Currently, the term has received a clearer interpretation. The concept and types of smuggling are fixed primarily in the Customs Code of the Customs Union, as well as the regulations of the participating countries Customs Union. As you know, the import and export of goods to / from the Russian Federation is subject to certain fees and duties. smuggling is transportation of goods without paying the specified fees. It is worth noting that at present, the methods of transportation, contrary to the established rules, are quite different. The movement can be carried out by hiding the goods or bypassing the control. In this regard, in the modern interpretation of the term there are clarifying points. According to current regulations, smuggling is transportation across the customs border of the country of products or other objects specified in the regulations of a particular state, carried out with concealment or in addition to control, with the deceptive use of documentation / means of identification, or carried out with false declaration or non-declaration at all.

Classification

The division of smuggling operations can be carried out according to:

1. Degrees of danger for state and public interests.
2. The scale of economic harm.
3. The type of goods.
4. implementation methods.

Let's consider them separately.

Degree of danger

Classification on this basis can be built as follows (from a high level of threat in descending order):

1. Transportation of explosive devices, weapons, including chemical, ammunition.
2. Smuggling of radioactive, poisonous, narcotic, poisonous compounds.
3. Transportation of items of archaeological, cultural and historical value.
4. Movement of consumer goods. These include cigarettes, household appliances alcohol, shoes, clothing, etc.
5. Transportation of luxury goods. These include cars, jewelry, and so on.

A responsibility

Undoubtedly, any harm smuggling. Law establishes criminal liability for violation of the rules of transportation of goods. Penalties range from fines to imprisonment. When bringing to responsibility, the motives for which the smuggling. Article 188 of the Criminal Code of the Russian Federation contains general and qualifying compositions.

As aggravating signs are:

1. Use of violence or threats.
2. Committing an act using official status or by an organized group.

Economic damage

One time smuggling in Russia assumed alarming proportions. Harm from a crime has a systemic, complex character. It manifests itself simultaneously in several directions. First of all, it should be noted the economic harm that causes smuggling. This the crime causes damage primarily to the state budget, since the financial system receives less customs payments. In addition, the movement of products in violation of established rules excludes equality of opportunity for all market participants.

Social Harm

It is closely related to economic damage. Since the state budget does not receive significant funds, tension is created in expenditure items. Due to the shortage financial resources, the state cuts spending on certain areas. First of all, the lack of money affects the salaries of civil servants, military and other workers. budget organizations. Moreover, in the absence of the necessary amount of funds, there can be no timely indexation of pensions and benefits. For example, in the Federal Law "On Education" it was established that the salary of teachers should be at least the salary of industrial workers. But in the period 1990-2000. This order was not carried out due to the budget deficit. Problems are also observed in the pension sector. The amount of payments is 20-25% of the previous earnings of citizens. At the same time, in other states this figure reaches 60-70%. At the end of the last - the beginning of this century, the volumes of smuggling in Russia were enormous. Annual deliveries of goods worth 12-15 billion dollars were made.

Political implications

Often, smuggling acts as one of the prerequisites for the aggravation of conflicts and the deterioration of relations between states. The impossibility, and in some cases the unwillingness to close the border for goods exported / imported in circumvention of the established rules, causes logical discontent of neighboring countries. Particular tension arises when food, weapons and ammunition are moved to regions with an unstable situation. It is worth saying that in countries with an insufficiently strong central government, the flow of smuggling consists mainly of drugs. Together with weapons, when they get into neighboring states, they exacerbate the criminal and social situation. One more important political aspect should be mentioned. There are many regions in the world that demand independence and are trying to form their own statehood. They are called "unrecognized territories". At the moments of activation of their movement for independence, the central government seeks to block the flow of goods passing through the border. In response, the governments of the unrecognized territories are conducting a smuggling trade. This exacerbates political tension in the regions.

Criminal Consequences

Of course, smuggling has a negative impact on the rule of law in any state. Today there is a significant globalization of economic ties in the world. At the same time, the boundaries of intrastate crime are gradually being erased. Diverse communities for which smuggling has long been a business are becoming increasingly sophisticated today. They are provided with financial, intellectual, material resources. Smugglers often buy the favor of the authorities, the police. They are able to lobby the necessary decisions in government agencies, initiate investigations, etc.

Modern realities

Today, smuggling is not just the transportation of products around the rules. At present, in some regions, it has taken on huge proportions. Professional smugglers form large enclaves with clear management and skilled performers. Modern communities are, as a rule, integrated and branched. In some states, such formations permeate the entire vertical of power. In such structures, there is a clear separation of functions. Performers work separately from customers and developers of operations. At the same time, control and cover of business is carried out by high-ranking officials of state structures.

Conclusion

Smuggling operations carried out on a large scale pose a serious threat to society and the state. Interested parties form criminal communities, which are often international in nature. It can be very difficult for law enforcement and customs structures in a single country to combat this phenomenon, and sometimes it is simply impossible. Criminal associations, subordinating the judicial system, state, including investigative bodies, decompose social foundations, deform the model of lawful behavior. As a result, many ordinary people begin to think that one should not live as the law prescribes, but as the criminal reality dictates. As a result, it breaks public order, there are hotbeds of tension in social sphere. All this can lead to very sad consequences, causing no less dangerous than direct economic and political losses.

Are they not allowed into the reserve? Well, this is correct, if we take into account the cultural (or rather, uncultured) appearance of the Soviet person. But I will not harm the reserve. However, they don't let me in either. As Kmitsits said **1 ***One of the characters in G. Senkevich's novel The Flood.***: “Ask! Do not give? Take it yourself!"

So - go ahead.

But to fulfill this decision was not so easy, as I was convinced when, having passed through the entire resort and admiring the Black Lake - Kara-Kol, I reached the "slingshot": the resort area ended here and the reserve began. Alas, in front of me was a barbed wire fence. One of its ends descended into the stormy Teberda, the other rested against the rock. In the place where the highway crossed the fence, there was a gate, a booth and a watchman. I sat down nearby, at the gate, took out an album, a pencil and began to sketch snowy peaks that were still unfamiliar to me, but attracting like a magnet: the Sofrudzhu glacier. The watchman closely followed the birth of a work of art and went away only to check the pass and road of dump trucks loaded with asphalt for the highway construction that was already beginning).

It is even hard to believe that every turn of the path, almost every step, opened up new landscapes - one more beautiful than the other. No matter how I hurried, I stopped at every step, fascinated by the wild beauty. The trail is extremely scenic. Around are steep mountains. Amanaus hums nearby. Ferns are either emerald green or golden green in the sun. How the dewdrops sparkle! And the smell! It seemed to me that I was in a fairy tale, on that same fern meadow, sung by Alexei Tolstoy in the ballad about Ilya Muromets and revived in Shishkin's painting "Ferns"! Fern lush tramples Heroic horse...

Dombayskaya Polyana... There used to be a monastery in this place. The monks knew how to choose the right place where they could be saved: to benefit people and feel the closeness of God. The monks were guides through the Greater Caucasus Range - between the Kuban and the Black Sea. The ringing of the bell indicated the path to salvation lost in the mountains. And, at the same time, nowhere do you feel the insignificance and omnipotence of man so much as in the face of the mountains - the foot of God's throne!

But I took up philosophy later, and in my first meeting with the Greater Caucasus, my eyes just ran wide.

In mid-August, at an altitude of 2500 m, at the foot of powerful glaciers, the nights are cold. Frost covers the grass, and I didn't even have a blanket. (In the future, I always took it with me to the mountains.) An attempt to get a place in a tent camp was unsuccessful: I, a wild tourist, was rejected, even though half of the tents were empty. No problem! Lodging for the night at the roots of a century-old spruce is no worse.

I was tired, but first of all I grabbed the album to capture the emerald green meadow with the campground against the backdrop of the mountains. Until dark, I painted - clumsily, albeit diligently. I had no experience, but the enthusiasm is huge and the joy of creativity is even more.

A dendrologist professor approached me. Here he was with his son, a student of meteorology, who took readings from the apparatus every two hours. The old man was indignant at the inhospitality of the leaders who forced me to spend the night in the cold. And at night the professor and his son woke me up a couple of times to make sure I wasn't cold. They were very surprised when I told them that I was not cold at all.

How much does a person cost. Book eleven: At the top Kersnovskaya Evfrosiniya Antonovna

Smuggling - to the reserve

Are they not allowed into the reserve? Well, this is correct, if we take into account the cultural (or rather, uncultured) appearance of the Soviet person. But I will not harm the reserve. However, they don't let me in either. As Kmits said: “Ask! Do not give? Take it yourself!"

So - go ahead.

But it was not so easy to fulfill this decision, as I was convinced when, having passed through the entire resort and admiring the Black Lake - Kara-Kol, I reached the “slingshot”: the resort area ended here and the reserve began.

Alas, in front of me was a barbed wire fence. One of its ends descended into the stormy Teberda, the other rested against the rock. In the place where the highway crossed the fence, there was a gate, a booth and a watchman.

I sat down nearby, at the gate, took out an album, a pencil and began to sketch snowy peaks that were still unfamiliar to me, but attracting like a magnet: the Sofrudzhu glacier.

The watchman closely followed the birth of a work of art and went away only to check the pass and road of dump trucks loaded with asphalt for the highway construction that was already beginning).

When one of the cars passed, I slipped after it.

Where?! You can't go there! - yelled the watchman.

I am an artist, and I paint here, - I said, sitting down just outside the gate.

I waited for the next car, and as soon as it stopped at the gate and the watchman started checking, I grabbed my album, grabbed my backpack and was already in the bushes in two jumps. Look for fistulas, only the bushes crackled.

Liberty! Beauty! And - no holidaymakers.

Snowy peaks riveted my gaze. Forward! To Dombai!

It's even hard to believe that every turn of the path, almost every step, opened up new landscapes - one more beautiful than the other. No matter how I hurried, I stopped at every step, fascinated by the wild beauty.

The trail is extremely scenic. There are steep mountains all around. Amanaus hums nearby. Ferns are either emerald green or golden green in the sun. How the dewdrops sparkle! And the smell! It seemed to me that I was in a fairy tale, on that same fern meadow, sung by Alexei Tolstoy in the ballad about Ilya Muromets and revived in Shishkin's painting "Ferns"!

Fern lush tramples

Heroic horse...

Dombayskaya Polyana... There used to be a monastery in this place. The monks knew how to choose the right place where they could be saved: to benefit people and feel the closeness of God. The monks were guides through the Greater Caucasus Range - between the Kuban and the Black Sea. The ringing of the bell indicated the path to salvation lost in the mountains. And, at the same time, nowhere do you feel the insignificance and omnipotence of man so much as in the face of the mountains - the foot of God's throne!

But I took up philosophy later, and in my first meeting with the Greater Caucasus, my eyes just ran wide.

In mid-August, at an altitude of 2500 m, at the foot of powerful glaciers, the nights are cold. Frost covers the grass, and I didn't even have a blanket. (In the future, I always took it with me to the mountains.) An attempt to get a place in a tent camp was unsuccessful: I, a wild tourist, was rejected, even though half of the tents were empty. No problem! Lodging for the night at the roots of a century-old spruce is no worse.

I was tired, but first of all I grabbed the album to capture the emerald green meadow with the campground against the backdrop of the mountains. Until dark, I painted - clumsily, albeit diligently. I had no experience, but the enthusiasm is great and the joy of creativity is even more.

A dendrologist professor approached me. Here he was with his son, a student of meteorology, who took readings from the apparatus every two hours. The old man was indignant at the inhospitality of the leaders who forced me to spend the night in the cold. And at night the professor and his son woke me up a couple of times to make sure I wasn't cold. They were very surprised when I told them that I was not cold at all.

So - go ahead.

You have perfect thermoregulation! exclaimed the professor.

How could I explain to him that this “thermoregulation” was the result of a hard test of strength in those years when I had to fight cold, and hunger, and overwork, and constant fatigue, not daring to complain about anyone it was cruelty!

Strange Reserve April 24, 2002. Atsan-Khuduk (Kalmykia, Yashkul region) - Tee (Kalmykia, Yashkul region) - 31 km Caravan on the territory of the Black Lands reserve. It covers three regions of Russia - the Republic of Kalmykia, Astrakhan region and the Republic

Smuggling - to the reserve Not allowed into the reserve? Well, this is correct, if we take into account the cultural (or rather, uncultured) appearance of the Soviet person. But I will not harm the reserve. However, they don't let me in either. As Kmits said: “Ask! Do not give? Myself

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