The professional publication “Economics and Life” has published an article by Nikita Rozhentsov, an Attorney and Counsel in the Criminal Law and General Practice at Alliance Legal Consulting Group.
In September 2025, a draft federal law “On Amendments to Articles 46 and 193.1 of the Criminal Code of the Russian Federation,” developed by the Ministry of Finance of the Russian Federation based on proposals from the Federal Customs Service of Russia, was published on the Federal Portal of Draft Regulatory Legal Acts.
Article 193.1 of the Criminal Code of the Russian Federation establishes criminal liability for conducting currency transactions involving the transfer of funds in foreign or Russian currency to the accounts of non-residents using fraudulent documents.
Over the last four years, there has been a consistent upward trend in the number of currency legislation violations that constitute criminal offenses. According to the Federal Customs Service of Russia, the number of crimes prosecuted under Article 193.1 of the Criminal Code more than doubled between 2022 and the first half of 2025.
The explanatory note to the draft law states that the current penalties for such crimes are disproportionate to the public danger they pose to the state’s financial security. In this regard, the proposed amendments aim to increase the severity of penalties for this offense in the form of fines.
Current Version of Article 193.1 of the Criminal Code (CC RF) | Proposed Version of Article 193.1 of the Criminal Code (CC RF) |
Part 1 (Principal Offense) | |
| A fine of 200,000 to 500,000 rubles; or a fine equal to the convicted person’s salary or other income for a period of 1 to 3 years; or compulsory labor for up to 3 years; or imprisonment for up to 3 years. | A fine of 200,000 to 5,000,000 rubles; or a fine equal to the convicted person’s salary or other income for a period of 1 to 5 years; or a fine equal to the amount of the funds transferred to non-resident accounts; or compulsory labor for up to 3 years; or imprisonment for up to 3 years. |
Part 2 (On a large scale, by a group of persons by prior conspiracy, using a legal entity) | |
| Imprisonment for up to 5 years; with a fine of up to 1,000,000 rubles or equal to salary/income for up to 5 years, or without such a fine. | Imprisonment for up to 5 years; with a fine of 1,000,000 to 5,000,000 rubles; or in an amount from one to three times the sum of the funds transferred to non-resident accounts; or equal to salary/income for up to 5 years, or without such a fine. |
Part 3 (On an especially large scale, by an organized group) | |
| Imprisonment for a term of 5 to 10 years; with a fine of up to 1,000,000 rubles or equal to salary/income for up to 5 years, or without such a fine. | Imprisonment for a term of 5 to 10 years; with a fine of 1,000,000 to 5,000,000 rubles; or in an amount from one to three times the sum of the funds transferred to non-resident accounts; or equal to salary/income for up to 5 years, or without such a fine. |
Regarding Article 46 of the Criminal Code, it is proposed that the provision on fines as a form of punishment be amended to explicitly allow for a fine to be set at the amount of the illegal currency transaction.
Thus, the substantial increase in the size of fines under Article 193.1 of the Criminal Code is a justified response to the rising number of such crimes in recent years.
The proposed changes significantly worsen the position of individuals facing criminal prosecution. The fines for aggravated offenses (Parts 2 and 3) are particularly impactful and can range from 100% to 300% of the value of the illegal currency transaction.
It should also be noted that criminal prosecution is typically preceded by the legal entity being held administratively liable for the illegal currency transaction under Article 15.25 of the Code of Administrative Offenses of the Russian Federation. In such cases, the organization can also face a penalty ranging from 20% to 40% of the transaction amount.
In this context, it can be concluded that the reaction from the Ministry of Finance to the statistics on the increase in illegal currency transactions is predictable and aligns with the general trend of recent years, which is aimed at recouping the financial losses to the state budget from such unlawful acts.