Sales of products from precious metals and gemstones individuals

[Евгений]

Сообщение от Cyril Syzranskiy

private person may sell as he wishes.

Features sales of jewelry: "... In the exercise of retail at the location of the buyer outside stationary trade places: at home, at work or school, transportation, streets and in other places (hereinafter - raznosnaya trade *) is not permitted for sale ... articles of precious metals and precious stones ... "(RULES sale of certain types of goods approved by Government of the Russian Federation on January 19, 1998 N 55)
My opinion (I am not a lawyer) to sell jewelry, household articles made of precious metals can only be in fixed locations, through legal and physical persons (entrepreneurs) have a license (for this activity) and duly registered with tax authorities.
There are several laws that regulate the sale of products made of precious metals (also talk about jewelry and household objects), but it is better to listen to commentaries.
Dear lawyers who can give professional advice on this topic? Write a few words.
Resolution of the Government of the Russian Federation

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on June 7, 2001 N 444
Caused thereby the citizens of jewelry and other household articles made of precious metals and precious stones and SCRAP SUCH PRODUCTS

     1. These Regulations establish the procedures for buying organizations, regardless of organizational form and individual businessmen (hereinafter - the trader) from Nationals (hereinafter - deliverer) in their ownership jewelry and other household items made of precious metals and precious stones and scrap these products.
     2. The buyers must have a license for the purchase of the citizens of jewelry and other household items made of precious metals and precious stones and scrap of such products (hereinafter - the value), issued in due course.
     3. The buyers should have the necessary facilities, equipment, inventory and security system of the premises, to ensure, in accordance with the requirements of registration, registration, storage buy the property and the conditions necessary for the maintenance lessors, as well as carry out the mandatory requirements of national standards, environmental, sanitary-hygienic, fire and other rules and regulations.
     4. To conduct operations for the reception and testing of values the trader must:
     a) weight and other related equipment, as well as the necessary tools;
     b) reagents necessary to determine the names and samples of precious metals in products and scrap.
     5. Organization-trader should have experts with relevant expertise in matters of examination and evaluation of values.
     Individual entrepreneur-trader must have the necessary skills in matters of examination and evaluation of values.
     6. The buyers must bring to the attention deliverer:
     a) trade name (name) of its organization, its location and mode of operation, an individual entrepreneur - information on state registration and the name of the registration body;
     b) data on the number and duration of the license for the purchase values of the issuing authority;
     a) information about the documents that set requirements for branding values, their reception and registration;
     d) these Regulations;
     d) information on bodies responsible for supervising the observance of these Rules.
     This information is placed in convenient locations for information.
     7. Admission values by buying up regardless of whether they Imennik manufacturers and public impressions hallmark, and commemorative and jubilee (nominal) medals - on demand deliverer of the permits for possession of such medals.
     8. Calculations with the deliverer values are produced on a contractual basis.
     9. Do not be buying:
     a) rough diamonds and semi-finished;
     b) precious metals in native and refined form, as well as raw materials, alloys, semi-finished industrial products, chemical compounds, and waste production and consumption;
     c) semi jewelry and dental production (except for bits and discs);
     r) products for industrial purposes from gold, platinum, palladium and silver (plate, wire, contacts, labware, etc.);
     d) precious stones - rubies, sapphires, emeralds, alexandrites, as well as natural pearls in the raw form;
     e) orders and medals, except for commemorative and jubilee (nominal), containing precious metals;
     g) goods containing precious metals and precious stones and are excluded from civil circulation or limited in circulation (cold, fire arms with decoration, etc.).
     10. All transactions associated with buying property (the definition of items of precious metals and stones, the definition of a sample of precious metal, weighing, removing bolts, etc.) must be made in the presence of the deliverer in ways that do not violate the integrity of values.
     11. Weighing values is made with precision:
     of gold, platinum and palladium - up to 0,01 g;
     silverware - up to 0.1 grams;
     articles made of precious stones, rimless - up to 0,01 carats.
     Mass of precious stones, which, when buying may not be vykrepleny of products that are inappropriate or vykreplyat of products is determined by the instruments with an accuracy up to 0.1 carats.
     Deliverer should be able to verify the accuracy of determining the mass handed over by their values. The buyers is responsible for the accuracy of appraising property in accordance with the legislation of the Russian Federation.
     12. If you agree with the assessment adopted deliverer values trader gives lessors for amounts owed to him a receipt in 2 copies, signed by the buyer and the deliverer. After paying the amount due him deliverer sent 1 copy of a receipt stamped "paid".
     13. In the receipt shall include:
     a) the company name or surname and initials of the individual entrepreneur - the buyer;
     b) surname and initials of the deliverer with details of the document confirming his identity;
     c) The product name, product parts and their quantity, description impressions Nominalia (pre-revolutionary products - an imprint Nominalia master) or assay (for imported goods - an imprint of foreign stamps);
     d) the name of the precious metals, the sample mass, the contract price per gram and price;
     d) the name of precious stones, their number and weight, the contract price per carat, cost, including in respect of:
     large diamonds (one carat and above), medium (from 0.30 to 0.99 carats), emeralds, sapphires, rubies, alexandrite - their size and weight group, group color and purity;
     diamond-cut type "Rose", diamonds small (up to 0.29 carats) and diamond simplified cut - as their team color and clarity;
     Natural pearls and kultivirovannogoK-of pearls and their weight;
     e) the total mass of product;
     g) the amount payable deliverer values.
     14. Accepted values after their payment will not be reimbursed.
     15. Enforcement of these rules shall be authorized in accordance with the laws of the Russian Federation, federal bodies of executive power and their territorial bodies.

[Кирилл Сызранский]

Сообщение от Eugene

My opinion (I am not a lawyer), to sell jewelry, household articles made of precious metals can only stationary points, through legal and natural persons (individual entrepreneurs) have a license (for this activity) and registered established procedure in tax.

As an individual, you can sell your jewelry Belonged (my ring, for example) or a silver spoon ("household products made of precious metals" ) where you want when you want to whomever you want and do not seek " stationary point "...

Read the Civil Code. It's all there.

[ВЯЧЕСЛАВ]

Сообщение от Cyril Syzranskiy

Read the Civil Code. It's all there.

With all????
Nobody can abolish state control over operations with currency, precious metals and stones.
All transactions for sale and purchase is not controlled by the state are illegal and punishable by the relevant articles of the Criminal Code.

[Кирилл Сызранский]

Сообщение от Vyacheslav

All transactions for sale and purchase is not controlled by the state are illegal and punishable by the relevant articles of the Criminal Code.

Terms of the transactions of purchase /sale registered in the Civil Code.

Сообщение от Vyacheslav

With all ????

In my opinion "all" just there and there.
Namely, and most important: his personal property, any citizen may sell, pledge, donate, propyl etc.
No?
This is not so?

[ВЯЧЕСЛАВ]

Сообщение от Cyril Syzranskiy

Namely, and most important: his personal property, any citizen may sell, pledge, donate, propyl, etc.
No?
It is not so?

I would not like to rummage in the laws and regulations, the more other states.
cite only two lines of customs regulations applicable to the territory of Ukraine
- Export of jewelry

Citizens of Ukraine, temporarily going abroad, jewelry and other articles of precious metals and precious stones are passed only for the personal use with mandatory indication in a customs declaration and re-importation.

Maybe it is not and has no direct relation to the matter, but clearly demonstrates the government control over even the crumbs drag. metals.
Perhaps more dem.prodvinutoy Russia all on another, but in Ukraine, citizens in general are not owners because by law for damage to personal property through carelessness they have admin.otvetstvennost as shtrafa.A with deliberate - criminal.

[Кирилл Сызранский]

Сообщение от Vyacheslav

Citizens of Ukraine, temporarily going abroad, jewelry and other articles of precious metals and precious stones are passed only for the personal use with mandatory indication in a customs declaration and re-importation.

Representing the poor citizen of Ukraine had arrived from a holiday in Turkey, which at the airport customs officials with the border guards are not allowed to become a stay, because he had lost while swimming in a sea of his gold chain inscribed in the declaration.

Ryatuyte, gromadyani !!!

[Евгений]

Just interesting information.
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In the Criminal Code contains articles that establish a special responsibility for the violation of the law on precious metals.
Criminally liable those who violate forth in the Act on the State monopoly on precious metals testing and branding public hallmark jewelry and other household items made of precious metals. According to Article 181 of the Criminal Code unauthorized manufacture, sale, use, as well as falsification of public hallmark committed for mercenary or other personal interest, shall be punished by a fine of 200 to 500 minimum wages, or salary or other income for the period from 2 to 5 months, or imprisonment for up to 3 years. The same acts, if committed repeatedly or by an organized group, shall be punished with imprisonment for a term of 5 years.
The subject of this crime are not precious metals in the form of jewelry and household products, and hallmarks. With regard to transactions with the products having false impressions of stamps or no public prints of stamps, since the sale of such products through trade organization laws prohibited, subject to penalties under Section 2, Article. 30 of the precious metals. These products forcibly removed from circulation and shall be credited to the State Fund of Russia.
http://www.lawmix.ru/comm.php?id=8960