Today we will be interested in art. 170 of the Criminal Code. She will talk about what responsibility will have to be incurred for acts called illegal real estate transactions. All this is extremely important, because such phenomena in Russia are encountered more and more every day. Therefore, it is worth studying this section of the country's legislation as thoroughly as possible. So what does he provide for? What measures will be applied to the criminal in this or that case?
The concept of illegality
But it is worth it for everyone to figure out what is related to illegal transactions with real estate. Maybe there’s no crime at all, but you are panicking. What you should pay attention to?
Registration of knowingly illegal transactions with land is any actions with this type of property that are subject to mandatory state records. For example, selling / reselling property. Also, understating or overpricing in some cases can be regarded as an illegal act. Deliberate distortion of information on property in the cadastre and state register, mercenary motives for transactions with property - all this can be attributed to illegality.
As you can see, there are quite a few options. And for all this, a certain criminal responsibility is provided. What can she be?
Fines
The first measure envisaged for such an act as the registration of illegal transactions with real estate is cash payments. More precisely, a fine. Punishment in rubles is considered to be the most humane measure of restraining a repeat offense for criminal liability. And just it often turns out to be the most effective in the fight against violators.
Art. 170 of the Criminal Code of the Russian Federation indicates that the fine may be in this case from 200 to 500 thousand rubles. As an alternative penalty - the income of the convicted person for a period of 1-3 years. The exact term and amount of the fine is established when studying all the materials of the case by the court. In practice, the highest sentence of all possible is assigned. That is, about 500,000 rubles in the form of a fine.
Labor and hardship
But that is not all. Real estate and prices are closely related. And overstating / understating the cadastral value of property is regarded as an illegal transaction. For such a violation is not only a fine. What else does modern Russian legislation provide for this act?
For example, as in most criminal offenses, according to Art. 170 of the Criminal Code, laid social work. It is expressed by obligatory work. Their duration is up to 360 hours. This is 15 days. In practice, the punishment lasts for a month.
Additionally, some non-standard measures may be imposed for lowered real estate prices and other illegal transactions with property. For example, the defendant will be deprived of the opportunity to work in certain fields, to conduct any specific activity, and also to occupy some positions (usually leading and senior). If this measure is used in combination with compulsory work, then it will last 3 years. This is the maximum that can only be imposed by the court.
Activities
Nevertheless, possible measures do not end there. There is one more punishment that has not been considered previously. Art. 170 of the Criminal Code of the Russian Federation also indicates that illegal transactions with real estate may be punished somewhat unconventionally. How specifically?
The offender has the right to taboo in the conduct of any activity, as well as to take away the right to occupy certain posts and positions.As a result, a citizen will not be able to work in some areas of work. True, there is also a limitation in this regard. It’s not for life that you will be punished for breaking the law. We are not considering such a serious act for life terms.
Taboo is applied for a maximum of 3 years. So it’s not too serious. Only even after serving your sentence, most likely, you will not be able to find a job in areas previously prohibited. In the presence of a criminal record, this is extremely difficult. No matter what case you were tried in, the fact remains.
Definition of illegality
These are all the punishments provided for in Art. 170 of the Criminal Code. But the information necessary for an accurate definition of the crime does not end there. The thing is that a huge role is played by the determination of the fact of an illegal conclusion of a transaction. After all, if you do not install it, then the crime will not be considered completed.
How, according to the article, is a transaction invalidated? Everything is very simple - by analyzing the land and civil legislation of the country. If the transaction violates certain norms and rules, then it will be declared invalid. A huge role is also played by the contract itself. Maybe there were really good legal grounds for signing it.
Thus, the Criminal Code of the Russian Federation indicates that when considering cases related to our current crime, we will have to turn to other laws of Russia. Without them, it will not be possible to determine the legitimacy of the transaction.
Practice
In fact, our current violation is very common. Real estate and its prices - this is the main direction in which violators "work". Often when considering cases, it turns out that the cadastral value of the property is either underestimated or overstated. As a rule, such transactions are recognized as invalid. And the initiators of the signing of the agreement are considered criminals.
In general, the question of the legality of the transaction is extremely difficult. It has already been said that it will be necessary to study the other laws of Russia in order to confidently judge the legality of the acts. If both parties involved in the agreement were aware of violations of the country's legislation, then they would end up together in the dock. Otherwise, the criminal will be considered the one who intentionally concluded a real estate transaction that is illegal. The main problem here is the proof of ignorance. Although, as practice shows, most often one of the parties goes to court independently and files a lawsuit against the other. That's all. Now it’s clear what measures are applied to the criminal who concluded a deal with real estate not legally.