Table of contents:
- 1. Do not buy equipment designed to secretly obtain information
- 2. Do not buy devices that are not certified for the Russian market
- 3. Don't buy fakes
- conclusions
2024 Author: Malcolm Clapton | [email protected]. Last modified: 2023-12-17 03:44
A dash cam or camera grip bought from a Chinese marketplace can be a nuisance.
Crisis phenomena in the economy, among other things, are almost always characterized by two trends: a desire to save money and an increase in demand for equipment for video surveillance systems, since the number of crimes always increases during a crisis. The AliExpress marketplace seems to be specially created in order to help with both.
But, as often happens, new opportunities come with new problems. Let's see how you can avoid them.
1. Do not buy equipment designed to secretly obtain information
Across Russia - from Vladivostok to Kaliningrad - hundreds of criminal cases have been opened under article 138.1 of the Criminal Code of the Russian Federation "Illegal traffic in special technical means intended for secretly obtaining information." The lion's share of such problems occurs when trying to purchase equipment for video surveillance systems on AliExpress. These are mainly CCTV cameras and video recorders.
For example:
- Citizen S. Katvitsky from the Rostov region received 6 months of restriction of freedom for purchasing a pen with a built-in video recorder.
- Shukshin S. P. for the purchase of a camouflaged video recorder was sentenced to imprisonment for a term of 1 year and 6 months.
In all cases, the reason is the same: this equipment was classified as a special technical means designed to secretly obtain information.
Risk level: high
Absolutely all parcels are checked at customs using an X-ray. The maximum punishment is imprisonment for up to 4 years and a fine of up to 200 thousand rubles (Article 138.1 of the Criminal Code of the Russian Federation).
How to avoid
Do not buy equipment that is obviously designed to secretly obtain information. Be wary of any device that does not have any markings on the case to indicate the functionality of the item. It can be any thing equipped with a microphone, voice recorder, video camera or GPS sensor. For example, smart watches, glasses with a built-in video camera, flash drives with a microphone, pens and key fobs with a video camera, and the like.
If in doubt, carefully study the Decree of the Government of the Russian Federation of 10.03.2000 No. 214. There you will find a complete list of devices that can be attributed to the means of secretly obtaining information.
If you buy even the same model that is legally sold in a nearby store, this does not in any way guarantee the absence of claims against you, since it is not the device itself that is licensed, but the production, sale and purchase activities in accordance with the Decree of the Government of the Russian Federation of 12.04.2012 No. 287.
The whole drama of the situation lies in the fact that most purchases are made by absolutely respectable citizens who want to save some money using AliExpress. OnlinePetition.ru has a petition to revise or cancel Article 138.1 of the Criminal Code of the Russian Federation. Only we can change this together.
2. Do not buy devices that are not certified for the Russian market
The second problem, which also applies to a wide range of equipment for video surveillance systems, is the lack of certification, or more precisely, the lack of notification.
Any devices containing encryption tools must undergo a special certification procedure when imported into the territory of the Russian Federation - notification by the FSB. And the list of such things is much more than it might seem at first glance. In principle, absolutely any devices with Wi-Fi and Bluetooth modules, even wireless mice and keyboards, are subject to the requirement.
A huge range of devices for video surveillance systems is subject to mandatory notification. First of all, these are IP cameras with built-in Wi-Fi modules.
By the way, any RFID identifiers that also fall under the scope of this document in accordance with the letter of the Federal Customs Service of Russia dated 03.06.2016 No. 01-11 / 27111 "On customs declaration of RFID tags" are a separate item.
This is not just a nomenclature theory; there is also the practice of initiating administrative cases. Most often, cases are started for orders of consumer electronics, but it is obvious that the norm is fresh and these are just the first signs.
Ulyanovsk customs opened an administrative case against a 25-year-old resident of Ulyanovsk Yevgeny Yarutkin, who bought a Motorola Moto G smartphone, which at that time was not officially supplied to Russia. Eugene described the progress in detail in his blog. Read it, it's interesting.
Apart from this case, you can find a decent amount of posts from bloggers on YouTube. For example, here are a couple of such stories: the first and the second.
Risk level: medium
The maximum punishment under article 16.3 of the Code of Administrative Offenses of the Russian Federation is an administrative fine from 1,000 to 2,500 rubles. Confiscating a device can be much more frustrating, especially when it is expensive enough.
How to avoid
Buy what is already being supplied. The most correct way to find out about the list of supplied devices is to go to the official website of the manufacturer or distributor.
Next, you need to find out if there is a notification for the desired model and whether it is currently valid. This can be done on the website of the unified register of notifications. If there is a notification and it is valid, you can safely order.
In the case of non-certified goods, there is no legal way for individuals to overcome this barrier, since receiving notification is only available to legal entities. But you can contact the certification centers. The cost of such a service is about 10,000 rubles.
If you really want to, then you can take a chance: there are many examples when parcels with uncertified devices arrive. But do not forget about the risk of confiscation (and when initiating an administrative case, an uncertified device will most likely be confiscated) and do not order expensive uncertified devices.
Another unpleasant moment: even if you bring in an uncertified device, and then, for example, try to take it with you on vacation and do not declare it when crossing the border, you may be held liable under article 16.2 of the Administrative Code “Failure to declare or inaccurate declaration of goods”. In this case, the fine can be up to half the cost of the device.
3. Don't buy fakes
Reports of camcorder tampering usually do not cause much resonance, but they are faked quite often. The reason is simple: the difference in price between equipment from leading Chinese manufacturers and their Chinese competitors from the small and medium-sized business segment can reach 200-300%.
The fact that the Chinese counterfeit not only European brands, but also their own, Chinese, is no longer surprising. For example, this kind of camera with a blurred logo may well turn out to be a fake. The camera and packaging of the leading Chinese manufacturer HikVision, and the description lists LSKEJI.
The acquisition of a fake is in itself an unpleasant surprise, but this is not the worst thing either. A fine may await you. Rypakova Yu. V., who lives in St. Petersburg, was sentenced to a fine of 10,000 rubles with confiscation for attempting to import counterfeit goods into the Russian Federation.
Risk level: medium
The judicial practice on this issue so far concerns mainly brands of the consumer segment, but if the customs office finds that the camera or DVR has a “confusing resemblance” to the original, then the device can simply be sent back or initiate an administrative case against you under article 16.3 of the Administrative Code “Failure to comply with bans and restrictions on the import of goods into the customs territory of the Eurasian Economic Union or the Russian Federation. Then you will have to pay a fine from 1,000 to 2,500 rubles.
In addition, you can be held liable under article 14.10 of the Administrative Code "Illegal use of means of individualization of goods", which threatens with a fine of 5,000-10,000 rubles.
How to avoid
Carefully study the description of the product card, deal only with large sellers on AliExpress with a lot of reviews.
conclusions
AliExpress is a global marketplace dedicated to selling Chinese goods around the world. She herself does not sell any goods, but only provides a service for Chinese sellers and in this sense is similar to the Russian platform Avito.
AliExpress operates under Chinese law and does not track product compliance with Russian law.
The site has gained global popularity thanks to its cheap Chinese goods. Unfortunately, “cheap” is often synonymous with “low quality”. And the main task of any seller on AliExpress is to make a profit. Get out of your head the idea that the Chinese are simple and honest guys who work for food. The average salary in China in 2017 is $ 750, which is more than in Russia (35,369 rubles or $ 640).
In fact, the list of problems when buying on AliExpress is much wider. Just google “how they cheat on AliExpress” or watch this video.
This is great business, and not taking advantage of it is lagging behind progress. But it is important not to lose vigilance and to discern possible problems in time.
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