Article 8.5 of the Code of the Russian Federation on Administrative Offenses. Theory of everything

Do you think you are Russian? Born in the USSR and think that you are Russian, Ukrainian, Belarusian? No. This is wrong.

You are actually Russian, Ukrainian or Belarusian. But you think you are a Jew.

Game? Wrong word. Right word"imprinting".

A newborn associates himself with those facial features that he observes immediately after birth. This natural mechanism is characteristic of most living beings with vision.

Newborns in the USSR for the first few days saw their mother have a minimum of feeding time, and most time we saw the faces of the staff of the maternity hospital. By a strange coincidence, they were (and still are) mostly Jewish. Reception is wild in its essence and effectiveness.

All your childhood you wondered why you live surrounded by non-native people. Rare Jews on your path could do anything with you, because you were drawn to them, while others were repelled. Yes, even now they can.

You cannot fix this - imprinting is one-time and for life. It is difficult to understand, the instinct took shape when you were still very far from being able to formulate. From that moment, no words or details have been preserved. Only facial features remained in the depths of memory. Those traits that you consider your family.

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System and Observer

Let us define a system as an object whose existence is not in doubt.

An observer of a system is an object that is not a part of the system it observes, that is, it determines its existence, including through factors independent of the system.

From the point of view of the system, the observer is a source of chaos - both control actions and the consequences of observational measurements that do not have a causal relationship with the system.

An internal observer is a potentially achievable object for the system in relation to which the inversion of the observation and control channels is possible.

An external observer is even an object potentially unattainable for the system, located beyond the event horizon of the system (spatial and temporal).

Hypothesis #1. All-seeing eye

Let's assume that our universe is a system and it has an external observer. Then observational measurements can take place, for example, with the help of "gravitational radiation" penetrating the universe from all sides from the outside. The capture cross section 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 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 randomness and is perceived by us as a passage of time. An object that is opaque to "gravitational radiation", the capture cross section of which is larger than the geometric size, looks like a black hole inside the universe.

Hypothesis #2. Internal Observer

It is possible that our universe is watching itself. For example, using pairs of quantum entangled particles spaced apart 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 maximum density at the intersection of the trajectories of these particles. The existence of these particles also means the absence of a sufficiently large capture cross section on the trajectories of objects capable of absorbing these particles. The remaining assumptions remain the same as for the first hypothesis, except:

Time flow

External observation of an object approaching the event horizon of a black hole, if the “outside observer” is the determining factor of time in the universe, will slow down exactly twice - the shadow from the black hole will block exactly half of the possible trajectories of “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 side view.

Also, the possibility of combining these hypotheses in one proportion or another is not excluded.

The current version of Art. 8.5 of the Code of Administrative Offenses of the Russian Federation with comments and additions for 2018

Concealment, willful misrepresentation or untimely communication of complete and reliable information about the state environment and natural resources, on sources of pollution of the environment and natural resources or other harmful effects on the environment and natural resources, on the radiation situation of data obtained during the implementation of industrial environmental control, information contained in the application for state registration of objects that have negative impact on the environment, declarations on the impact on the environment, declarations on payment for negative environmental impacts, a report on the implementation of an environmental protection action plan or an environmental efficiency improvement program, as well as misrepresentation of information about the state of land, water bodies and other objects of the environment by persons obliged to report such information -
(Paragraph as amended by Federal Law No. 309-FZ of December 30, 2008; as amended by Federal Law No. 219-FZ of July 21, 2014.

shall entail the imposition of an administrative fine on citizens in the amount of five hundred to one thousand roubles; on officials - from three thousand to six thousand rubles; on legal entities- from twenty thousand to eighty thousand rubles.
(Paragraph as amended by Federal Law No. 116-FZ of June 22, 2007; as amended by Federal Law No. 219-FZ of July 21, 2014.

Commentary on Article 8.5 of the Code of Administrative Offenses of the Russian Federation

1. The article is included in the text of the Code of Administrative Offenses of the Russian Federation by analogy with Art. 237 of the Criminal Code of the Russian Federation and contains general formal compositions with alternative features in terms of subject and objective side.

The purpose of the article is to provide social control(from state to public, carried out by the population) for activities that, by their nature, can harm the health of an individual and the nation as a whole, as well as the environment. Its scope is industrial, scientific, technical and other activities of official and other individuals, processes of various kinds and nature, during which factors may arise that pose a danger to humans and the environment as a whole, its individual elements.

2. Legal regulation circulation of environmental information is carried out by numerous legislative and other regulatory legal acts. They can be divided into two groups: acts regulating common beginnings circulation of information and informing the population (here the main one is the federal law dated July 27, 2006 N 149-FZ "On information, information technology and on the protection of information"), and acts establishing special rules on the provision, collection, dissemination of information about circumstances that are important in the sense of the norms of this article of the Code, i.e. affect environmental rights and the interests of citizens, environmental protection and nature management in a direct way.

3. The object of the offense - public relations in the field of providing the population with environmental information, environmental safety observance of the constitutional right of citizens to access to environmental information and other related rights. Item - environmental information, i.e. existing in written, visual, oral or database information on the state of water, air, soil, fauna, flora, land and individual natural objects; O harmful effects or measures that adversely affect or may affect these objects; on the types of activities or measures aimed at their protection, including administrative measures and environmental management programs. Its types (components) are listed in the disposition of the norm.

4. Concealment of information is failure to bring it to the attention of persons who have the right to receive or need to receive the data specified in the disposition of the norm, when the information was mandatory or was necessary to influence events, facts or phenomena that pose a danger to human life or health, or for the environment. On the subjective side, it can be intentional and careless.

5. Distortion of information is the communication of incomplete or incorrect data, official forecasts and estimates regarding facts, events or phenomena. The subjective side is intentional guilt.

6. Untimely communication of complete and reliable information means a violation of the deadlines for bringing it to the interested persons/authorities or a message to fixed time only parts necessary information, which does not meet the requirements of completeness and reliability, and information supplementing it - after the established deadlines.

7. Distortion of information about natural resources- a formal composition with a special subject - a person obliged to report such information.

8. Cases of administrative offenses consider (within their competence in relation to the object of control and supervision) officials bodies exercising the functions of control and supervision in the field of ensuring the sanitary and epidemiological welfare of the population (Article 23.13), federal bodies and bodies executive power subjects of the Russian Federation, carrying out state control for geological exploration, rational use and protection of subsoil (Articles 23.22 and 23.22.1); bodies exercising federal state control and supervision, and executive authorities of the constituent entities of the Russian Federation exercising regional state supervision and control over the use and protection of water bodies (Articles 23.23 and 23.23.1); bodies exercising control functions in the field of organization and functioning of specially protected areas federal significance(art. 23.25); bodies of hydrometeorology and environmental monitoring (Article 23.28); bodies exercising state environmental control(Article 23.29), bodies exercising the functions of control and supervision in the field of safety when using atomic energy(Art. 23.33).

Protocols on administrative offenses are drawn up by the officials listed above (part 1 of article 28.3), as well as officials of the internal affairs bodies (police) (clause 1 of part 2 of article 28.3).

Consultations and comments of lawyers on Article 8.5 of the Code of Administrative Offenses of the Russian Federation

If you still have questions about Article 8.5 of the Code of Administrative Offenses of the Russian Federation and you want to be sure that the information provided is up to date, you can consult the lawyers of our website.

You can ask a question by phone or on the website. Initial consultations are free of charge from 9:00 to 21:00 Moscow time daily. Questions received between 21:00 and 09:00 will be processed the next day.

Concealment, deliberate distortion or untimely communication of complete and reliable information about the state of the environment and natural resources, about sources of pollution of the environment and natural resources or other harmful effects on the environment and natural resources, about the radiation situation of data obtained during the implementation of industrial environmental control, information contained in an application for state registration of objects that have a negative impact on the environment, a declaration on the impact on the environment, a declaration on payment for a negative impact on the environment, a report on the implementation of an environmental protection action plan or an environmental efficiency improvement program , as well as distortion of information about the state of lands, water bodies and other environmental objects by persons obliged to report such information, -


shall entail the imposition of an administrative fine on citizens in the amount of five hundred to one thousand roubles; on officials - from three thousand to six thousand rubles; for legal entities - from twenty thousand to eighty thousand roubles.




Comments to Art. 8.5 Code of Administrative Offenses of the Russian Federation


1. The article is included in the text of the Code of Administrative Offenses of the Russian Federation by analogy with Art. 237 of the Criminal Code of the Russian Federation and contains general formal compositions with alternative features in terms of subject and objective side.

The purpose of the article is to ensure social control (from state to public, carried out by the population) over activities that, by their nature, can harm human health and the nation as a whole, as well as the environment. Its scope is industrial, scientific, technical and other activities of officials and other individuals, processes of various kinds and nature, during which factors may arise that pose a danger to humans and the environment as a whole, its individual elements.

2. Legal regulation of the circulation of environmental information is carried out by numerous legislative and other regulatory legal acts. They can be divided into two groups: acts regulating the general beginnings of the circulation of information and informing the population (here the leading one is the Federal Law of July 27, 2006 N 149-FZ "On Information, Information Technologies and Information Protection"), and acts establishing special rules on the provision, collection, dissemination of information about circumstances that are relevant in the sense of the norms of this article of the Code, i.e. directly affect the environmental rights and interests of citizens, environmental protection and nature management.

3. The object of the offense - public relations in the field of providing the population with environmental information, environmental safety, observance of the constitutional right of citizens to access environmental information and other related rights. The subject is environmental information, i.e. existing in written, visual, oral form or database information on the state of water, air, soil, fauna, flora, land and individual natural objects; on harmful effects or measures that adversely affect or may affect these objects; on the types of activities or measures aimed at their protection, including administrative measures and environmental management programs. Its types (components) are listed in the disposition of the norm.

4. Concealment of information is failure to bring it to the attention of persons who have the right to receive or need to receive the data specified in the disposition of the norm, when the information was mandatory or was necessary to influence events, facts or phenomena that pose a danger to human life or health, or for the environment. On the subjective side, it can be intentional and careless.

5. Distortion of information is the communication of incomplete or incorrect data, official forecasts and estimates regarding facts, events or phenomena. The subjective side is intentional guilt.

6. Untimely communication of complete and reliable information means a violation of the deadlines for its communication to the interested persons/bodies, or the communication within the established period of only part of the necessary information that does not meet the requirements of completeness and reliability, and information supplementing it - after the established deadlines.

7. Distortion of information about natural resources - a formal composition with a special subject - a person obliged to report such information.

8. Cases of administrative offenses are considered (within their competence in relation to the object of control and supervision) by officials of the bodies exercising the functions of control and supervision in the field of ensuring the sanitary and epidemiological welfare of the population (Article 23.13), federal bodies and executive authorities of the subjects the Russian Federation exercising state control over geological exploration, rational use and protection of subsoil (Articles 23.22 and 23.22.1); bodies exercising federal state control and supervision, and executive authorities of the constituent entities of the Russian Federation exercising regional state supervision and control over the use and protection of water bodies (Articles 23.23 and 23.23.1); bodies exercising functions of control in the field of organization and functioning of specially protected territories of federal significance (Article 23.25); bodies of hydrometeorology and environmental monitoring (Article 23.28); bodies exercising state environmental control (Article 23.29), bodies exercising functions of control and supervision in the field of safety in the use of atomic energy (Article 23.33).

Protocols on administrative offenses are drawn up by the officials listed above (part 1 of article 28.3), as well as officials of the internal affairs bodies (police) (clause 1 of part 2 of article 28.3).