Making alcohol at home is a responsibility. Behind bars all year round: is it possible to drive moonshine in Russia and what it threatens

From January 1, 2018, amendments to a number of legal acts, collectively known as the "moonshine brewing law", come into force in Russia. The changes are intended to tighten control over producers of so-called “home-made alcohol” – to limit the production of such products so that they remain for home consumption, and do not fill the market for illegal alcoholic beverages, as is happening now.

Let us tell you in more detail what the “moonshine law” of 2018 is, what restrictions amateur moonshiners will have to comply with, whether moonshine has really been outlawed.

Illicit alcohol market

The distribution of illegal alcoholic products is a big problem for Russia. Everyone remembers how in December 2016 in Irkutsk more than 100 people were poisoned by Hawthorn tincture and other alcohol-containing surrogates. According to official figures, poisoning was fatal for 76 people. Similar cases, but on a smaller scale, were recorded in other regions of Russia in 2016-2017.

All this prompted legislators to take tough measures against the production of illegal alcohol, one of which was the adoption of the so-called “moonshine law” in 2017 (09/17/2017), which comes into force on January 1, 2018.

Moonshine is illegal?

Amendments to the Code of Administrative Offenses of the Russian Federation and the Federal Law of November 22, 1995 N 171-FZ “On state regulation of the production and circulation of ethyl alcohol, alcoholic and alcohol-containing products and on limiting the consumption (drinking) of alcoholic products” seriously scared lovers of moonshine.

Many thought that since 2018, moonshine in Russia is outlawed. And, as in the days of the USSR, district commissioners will go from door to door and check whether anyone is driving pervach, and all producers of home-made distillate who have come across will be held accountable for moonshine brewing. However, this is not quite true. Those who really “drive” for their own consumption on a small scale are not in danger.

The changes will primarily hit the "garage moonshiners" who produce alcohol on a small scale for sale. It is this kind of alcohol, which is produced without a license and the necessary state control, that most often causes fatal poisoning.

What restrictions are in place?

In accordance with the updated version of Art. 14.1 of the Federal Law of November 22, 1995 N 171-FZ, equipment for the production of ethyl alcohol with a capacity of not 4,000 decaliters, as it was before, but 200 decaliters (2,000 liters) is subject to mandatory state registration.

Production capacity, as you know, is calculated based on their maximum annual output, so 2,000 liters must be divided by 365, as a result, it turns out that it is necessary to register equipment capable of producing 5.5 liters of moonshine per day.

Registration takes place in the manner prescribed by Decree of the Government of the Russian Federation N 666 of 05/30/2017.

Moonshine equipment includes and requires registration (if there is an appropriate production capacity):

• distillation apparatus;
• apparatuses and columns for purification and rectification of alcohol;
• installations for the production of alcohol.

In Rosalkogolregulirovaniye for state registration, the moonshiner must provide:

• a statement indicating the type and location of such equipment;
• copies of equipment passports (if any) and (or) other information that allows it to be identified (including those containing a serial number);
• title documents for equipment.

However, registration alone is not enough. The equipment itself must meet strict requirements. Owners of such equipment will have to obtain a license, and accordingly create a legal entity or individual entrepreneur, because the production of alcohol by individuals on such a scale is prohibited. Thus, the appeal of a citizen to Rosalkogolregulirovanie with documents on the registration of his moonshine still with a capacity of more than 200 deciliters will either lead to its withdrawal or conservation under the supervision of officials until all the necessary documents are received and state fees are paid.

Responsibility and punishment for moonshine in Russia

The new law on home-brewing in 2018 provides for liability for violating the requirements for the production and movement of home-made alcoholic beverages. In particular, in accordance with Art. 14.17 of the Code of Administrative Offenses of the Russian Federation (the so-called "article for moonshine"):

• the use and possession of unregistered technological equipment for moonshine with a capacity of more than 200 decaliters threatens the owners with a fine of 3 thousand to 5 thousand rubles with confiscation of this equipment;
• introduced responsibility for the movement of unmarked (home-made) alcoholic beverages in the amount of more than 10 liters per person: a fine - from 3 thousand to 5 thousand rubles.

For conscientious manufacturers of homemade moonshine for their own needs, nothing changes. Apparatus for home "distillation", as before, are available for sale. And district police officers, if they come to inspect a citizen’s living quarters to identify unregistered equipment, may not be allowed to enter the threshold without the appropriate court sanction.

It is not strange, and probably not a secret for anyone, that Russia occupies a leading position in the consumption of alcoholic and alcohol-containing products throughout the world.
If we operate with accurate data, then according to WHO data for 2010, Russia is in 4th place among the most drinking countries on the planet.
Ahead of the planet are only three former Republics of the Soviet Union.
Namely: Belarus, Moldova and the current member of the European Union Lithuania.
However, Russia is constantly changing places, but for many years only with these countries.

A lot or a little, but the citizens of Russia consume 15.1 liters of pure alcohol per capita. The calculations were carried out among citizens older than 15 years.
At the same time, there are accurate data on the type of products consumed:

• 11.5 liters of registered alcohol
• 3.6 unaccounted for

It is important to note that 51% of all consumed alcohol-containing products are strong, that is, not lower than 40 degrees.

In other words, every person in Russia over the age of 15 drinks 7 liters of spirits or 14 bottles of vodka, brandy and other per year.
At the same time, out of 14 bottles of officially drunk vodka or cognac, 2.5 bottles of 0.5 liters are not taken into account.

At the same time, the country sells 1.25 self-made products per 7 liters of registered strong products.
The figure is really impressive, because out of 18% of all unaccounted for, about 5-7% is moonshine.

The reaction of the authorities

And the reaction of the state to moonshine is very liberal.
In other words, there is simply no responsibility for moonshine in the country.
The state is very sensitive to those fellow citizens who brew moonshine for themselves.
You can do this as much as you like, in any quantity and in any quality.

However, if the fact of the administrative code is established in this case, there will be.

What can be responsible for

Until 1997, there was administrative responsibility for moonshine brewing, and in Soviet times, criminal liability was provided for this, with punishment up to imprisonment for up to 3 years.
However, in modern Russia, responsibility will come only if a citizen starts selling his products.
In other words, carry out illegal business activities
It is for illegal entrepreneurial activity, without the necessary licenses, that liability is provided for under Art. 14.1 Administrative Code of the Russian Federation

In the event that the case is put on a large scale, and thus the state will suffer significant material damage, criminal liability is also provided for under Art. 171 of the Criminal Code of the Russian Federation all for the same illegal entrepreneurial activity, without state registration or proper documents.

Legal aspect

However, it is practically impossible to bring to administrative, and even more so to criminal liability for entrepreneurial activity without registration.
Unless the relevant authorities approach this case with special attention.
However, you will have to carry out control purchases of moonshine and more than once.
What is not always practiced by district police in the village
And to prove the involvement of a person in the sale of moonshine in another way is not possible.

Conclusion

You can drive, but only for yourself.
Since according to the basic Law: Everything that is not prohibited by law is allowed.

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Lawyers Answers (31)

Shin Alexander

Lawyer, Moscow

• 143 answers

  where such production requires compulsory licensing. We also look at the Decree of the Government of the Russian Federation dated 13.1.2006, which approved the list of types of basic technological equipment for the production and circulation of ethyl alcohol, alcoholic and alcohol-containing products - point I "Equipment for the production of ethyl alcohol, alcoholic and alcohol-containing products"
  1. Distillation plants (devices)

  2. Apparatus, installations and columns for the purification and rectification of ethyl alcohol (As amended by the Decree of the Government of the Russian Federation of July 19, 2010 N 1212-r)

  and thus, a license is required.

  Obtaining a license - established by the Federal Law of November 22, 1995 N 171-FZ "On state regulation of the production and circulation of ethyl alcohol, alcoholic and alcohol-containing products and on limiting the consumption (drinking) of alcoholic products" (as amended and supplemented) > Chapter III. Licensing of activities for the production and circulation of ethyl alcohol, alcoholic and alcohol-containing products ( with changes and additions)
  GARANT system: base.garant.ru/10105489/3/#ixzz3RB8KMPRI:

  The procedure for issuing licenses is here:

  based on the requirements for obtaining a license, it will not be possible for a home to comply with all of the specified requirements for equipment, ventilation, etc.

  Hence - in obtaining such a license you will be denied.

  But you can produce moonshine for your own needs and without "industrial scale".

  Here are some good moonshine stills:

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  fee 38%

  Lawyer, Rybinsk

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  Is it possible in Russia to legally produce moonshine (alcohol with a percentage of 40-50 degrees) on an industrial scale.

  Hello! No, it is impossible to legally produce moonshine on an industrial scale.

  How is this production licensed?

  There is no such license in Russia.

  You can produce cognac or other alcoholic drink.

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  Murashko Vladimir

  Lawyer, Krasnodar

  • 14512 replies

    5970 reviews

  Hello!

  Moonshine - from the word "we drive ourselves." This is clear to everyone. To obtain a license for the manufacture and sale of this product, you need to check the compliance of your moonshine with the requirements of GOST. Here, no one will answer you whether your product will comply with GOSTs. First of all, you need to make a sample and check its compliance with GOSTs. If it matches, you will be issued a license for both production and sale. And so, it is unfounded to say “it is possible or impossible” - this, I think, is not an answer.

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Goryunov Evgeniy

Lawyer, Ivanteevka

• 6149 replies

  3120 reviews

There is no direct ban on the manufacture of moonshine in the Russian Federation - an example of the production of moonshine on an industrial scale is Kosogorov Samogon

The legislator classifies moonshine as a strong alcoholic beverage, namely vodka

7) alcoholic products - food products that are produced with or without the use of ethyl alcohol produced from food raw materials, and (or) alcohol-containing food products, with an ethyl alcohol content of more than 0.5 percent of the volume of finished products, with the exception of food products in accordance with the list established by the Government of the Russian Federation. Alcoholic products are divided into such types as spirits (including vodka), wine, fruit wine, liqueur wine, sparkling wine (champagne), wine drinks, beer and beer-based drinks, cider, poiret, mead;


9) alcoholic beverages - alcoholic products that are produced using ethyl alcohol produced from food raw materials and (or) alcohol-containing food products and do not belong to wine drinks;


10) vodka - an alcoholic beverage, which is produced on the basis of ethyl alcohol produced from food raw materials, and water, with an ethyl alcohol content of 38 to 56 percent of the volume of the finished product;

But in order to obtain a license for the production of strong liquor, you will have to make huge expenses.

1. You need to establish a legal entity (JSC, LLC), while the authorized PAID-IN capital must be at least 80,000,000 rubles

2. For the production of alcoholic and alcohol-containing food products, it is allowed to use ethyl alcohol produced only from food raw materials.

2.1. The production and turnover (except for retail sale) of alcoholic products with an ethyl alcohol content of more than 15 percent of the volume of finished products (except for the production of vodka) may be carried out by state-owned enterprises, as well as other organizations that have a paid authorized capital (authorized fund) in the amount of at least 10 million rubles.

2.2. The production of vodka is entitled to be carried out by state-owned enterprises, as well as other organizations that have a paid authorized capital (authorized fund) in the amount of at least 80 million rubles.


2. The state duty for issuing a license is also not cheap and amounts to 9,500,000 rubles, while such a license is issued for a period of 5 years


94) for the following actions of authorized bodies related to licensing activities for the production and circulation of ethyl alcohol, alcoholic and alcohol-containing products: granting a license for the production, storage and supply of produced ethyl alcohol (including denatured) - 9,500,000 rubles;

granting a license for the production, storage and supply of manufactured alcoholic products (with the exception of wine, fruit wine, sparkling wine (champagne), wine drinks made without the addition of ethyl alcohol) - 9,500,000 rubles;

3. You also need to have storage and production facilities that meet the requirements of sanitary and fire safety

3) documents confirming that the organization has warehouse premises in ownership, economic management, operational management or lease, the term of which is determined by the contract and is one year or more. In the event that the specified documents relating to real estate objects, the rights to which are registered in the Unified State Register of Rights to Real Estate and Transactions Therewith, are not submitted by the applicant, such documents (information contained in them) are submitted at the interdepartmental request of the licensing authority by the federal authority executive power, authorized in the field of state registration of rights to real estate and transactions with it;


4) conclusions of the federal executive bodies authorized by the Government of the Russian Federation on the compliance of the organization's storage facilities with fire safety and environmental requirements (with the exception of the conclusion of the federal executive body authorized to conduct an environmental review in relation to storage facilities intended for the storage of alcoholic products). If the specified documents are not submitted by the applicant, the specified documents (information contained in them) are submitted at the interdepartmental request of the licensing body by the authorized federal executive bodies.


4. as well as either create your own technological laboratory or enter into an agreement with an already existing

7) a document confirming the technical competence (accreditation) of the laboratory for chemical and technological control of the production of ethyl alcohol, alcoholic and alcohol-containing products, or a copy of the contract with such a laboratory for the said control. If the document confirming the technical competence (accreditation) of the laboratory for chemical and technological control of the production of ethyl alcohol, alcoholic and alcohol-containing products is not submitted by the applicant, such a document (the information contained in it) is submitted at the interdepartmental request of the licensing authority by the federal executive body, performing the functions of providing public services in the field of technical regulation;




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Murashko Vladimir

Lawyer, Krasnodar

• 14512 replies

  5970 reviews

“No, it is impossible to legally produce moonshine on an industrial scale.
There is no such license in the Russian Federation.” Grigoriev Ruslan

Your colleague is absolutely right. No one will issue you a license for the production and sale of moonshine. Law No. 171-FZ of November 22, 1995 does not contain such a product and there is no such product in the licensing legislation.


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Naumova Anastasia

Lawyer, Tomsk

• 4022 answers

  4071 reviews

Hello.


But here the question is with regards to moonshine, is it possible to produce it? In view of the fact that the method of its production is distillation, and not rectification, like vodka?

The current legislation of the Russian Federation does not make the need to obtain a license dependent on the method of alcohol production - it only indicates the content of ethyl alcohol in the finished product:


N 171-FZ "On state regulation of the production and circulation of ethyl alcohol, alcoholic and alcohol-containing products and on limiting the consumption (drinking) of alcoholic products"


7) alcoholic products - food products,
which is produced with or without the use of ethyl alcohol produced from food raw materials, and (or) alcohol-containing
food products, with ethyl alcohol content of more than 0.5 percent of the volume of finished products, with the exception of food products in accordance with the list established by the Government of the Russian Federation. Alcoholic products are divided into such types as alcohol(including vodka), wine, fruit wine, liqueur wine, sparkling wine
(champagne), wine drinks, beer and beer-based drinks, cider, poiret, mead;

9) alcoholic beverages - alcoholic products,
which is produced using ethyl alcohol produced from food raw materials and (or) alcohol-containing food products and does not
refers to wine drinks;

A license is required for the production of alcoholic beverages. An individual entrepreneur will not be able to obtain a license, only a legal entity (LLC).

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Lawyer, Samara

Chat

In accordance with Federal Law N 171-FZ “On State Regulation of the Production and Turnover of Ethyl Alcohol, Alcoholic Products and Alcohol-Containing Products”, licenses in this area are issued for the following activities:
production, storage and supply of produced ethyl alcohol, including denatured alcohol;

• production, storage and supply of produced alcoholic and alcohol-containing food products;
• storage of ethyl alcohol, alcoholic and alcohol-containing food products;
• purchase, storage and supply of alcoholic and alcohol-containing products;
• production, storage and supply of alcohol-containing non-food products;
• retail sale of alcoholic products;
• transportation of ethyl alcohol (including denatured alcohol) and bulk alcohol-containing products with an ethyl alcohol content of more than 25 percent of the volume of finished products.

Licenses for the retail sale of alcoholic products are issued by the executive authorities of the constituent entities of the Russian Federation. Authorities for licensing the retail sale of alcoholic products may be transferred by a constituent entity of the Russian Federation to local governments.




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Chat

Hello!

As for the production of moonshine as such, the law does not prohibit this. Moonshine stills are sold absolutely legally and do not require any permission. however, in this case, we are talking exclusively about production for personal consumption.

As for production for the purpose of sale, in the manufacture of alcoholic products for sale, compulsory licensing of alcohol is required in accordance with the law “On State Regulation of the Production and Turnover of Ethyl Alcohol, Alcoholic and Alcohol-Containing Products”, then there is no such thing as a license for moonshine in Russia. However, you can obtain a license for the production, storage and supply of manufactured alcoholic and alcohol-containing food products. At the same time, remember that your manufactured products must comply with GOST (moonshine according to GOST is vodka).

In addition, remember that for the production of such products you need to register a legal entity - such a license is not issued to individuals.

To obtain a license, you will need to provide the following documents:

- an application for a license;
– copies of constituent documents and state registration papers.
- a copy of the document on the organization's registration with the tax office;
– a copy of the document confirming the payment of the state fee;
- conclusions from the authorities that the production and storage facilities comply with sanitary and epidemiological, fire, environmental standards and requirements;
- a document confirming the technical competence (accreditation) of the laboratory for chemical and technological control of the production of ethyl alcohol, alcoholic and alcohol-containing products, or a copy of the contract with such a laboratory on control;
– copies of certificates of conformity of the main technological equipment;
- a document confirming the amount of paid authorized capital.


Once licensed, you can safely sell your products.

No one will issue you a license for the production and sale of moonshine. Law No. 171-FZ of November 22, 1995 does not contain such a product and there is no such product in the licensing legislation.

Murashko Vladimir

I do not agree. nothing prevents you from getting this trademark. You just have to add some word, because the trademark "Moonshine" has been around for a long time.

You will not call your products moonshine. This word has had a negative connotation since Soviet times.

Murashko Vladimir

And I do not agree with this. In the provinces, the attitude towards this drink is very positive. By the way, high-quality moonshine is an absolutely pure product that has no side effects (lyrical digression).

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Murashko Vladimir

Lawyer, Krasnodar

• 14512 replies

  5970 reviews

“I do not agree. nothing prevents you from getting this trademark"


Anikeeva Svetlana

A trademark is not a license. This is a license, not a trademark.

“In the provinces, the attitude towards this drink is very positive.”

Anikeeva Svetlana

Yes, positive. I tried it myself. But the license is issued not by a meeting of provincial residents, but by Rosalkogolregulirovanie (there is such a body) and the executive body of the subject, which have their own criteria.


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Lawyer, Saint Petersburg

Chat
• 7.3 rating

On the shelves of stores there are products "Moonshine". However - a fortress of 40%, and it is carried out as vodka with the name "Moonshine". You can think along these lines.

Naumova Anastasia

Vodka can be called by any name, incl. and Moonshine. But moonshine, as a rule, in composition does not meet the standards of vodka or in terms of strength, and even with a bunch of microimpurities.

At the same time, remember that your manufactured products must comply with GOST (moonshine according to GOST is vodka)

Anikeeva Svetlana

No. It's not.

Let's take a look at a couple of cases. During the investigation, an alcohol-containing liquid (moonshine) was seized and a physical and chemical examination was carried out. So the expert explained to the court:
GOSTs are available only for industrial products. There is no GOST for moonshine. During the examination, he used the methodology and GOST for vodkas, which are usually used in the study of moonshine. In his conclusion, he indicated the allowable rate for vodka and compared it with the amount of substances that were present in the moonshine submitted for the study. According to expert practice, alcohol-containing liquids are compared with vodka. Comparison of moonshine with cognac is not permissible. Cognac is a different product. Experts use GOST for vodka, which allows you to determine microimpurities.


According to the results of an examination on organoleptic indicators of strength, an overestimated content of toxic microimpurities (aldehydes, fusel oil, esters), the alcohol-containing liquid does not meet the requirements of GOST R 51355-99 for vodkas, special vodkas, they are home-made strong alcoholic drinks - moonshine.

Based on the examination, the chief specialist-expert of the territorial department of the Office of the Federal Service for Supervision of Consumer Rights Protection and Human Welfare in the Moscow Region explained:
There are no GOSTs for home-made alcoholic drinks, there are GOSTs only for state-made alcoholic drinks. An alcohol-containing liquid is compared to vodka. In the manufacture of alcoholic beverages at home, it is impossible to comply with the requirements of GOST for the manufacture of alcoholic beverages in the factory. Currently, the production of alcoholic beverages at home, in particular the manufacture of moonshine, is prohibited. The law protects the rights of consumers, what is sold must have the appropriate documents. Any production must have certain conditions, sanitary standards, technical rules. He studied the submitted expert opinion and concluded that this moonshine could harm human health. The conclusions that the liquid indicated in the expert's opinion can harm a person, he made on the basis of SanPiN 2.3.2.1078-01 "Hygienic requirements for the safety and nutritional value of food products", which contain general requirements and hygienic requirements for the manufacture of alcoholic beverages, upper limits are set, which cannot be reached. The presented expert opinion indicated that the upper standards for moonshine were exceeded. The concentration of fusel oil in this moonshine is many times higher than the norm, which can be harmful to human health.

At different times, the law in Russia looked differently at moonshine producers. Once upon a time, it was easier for the authorities not to notice these people. In the end, at home, everyone has the right to produce the alcohol that he wishes. But there were also times in the history of Russia when the production of moonshine entailed strict criminal liability: home-grown moonshiners could be imprisoned only because they kept moonshine at home. And it doesn't matter if it was used for business at least once or just kept in a box on the balcony. This article will answer the question - is the production of moonshine allowed today, and what will happen to those who try to sell it for commercial gain?

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Views of modern laws on moonshine

Today, the activities of moonshiners in Russia are regulated by the law on moonshine. According to it, anyone can produce moonshine for themselves. The government simply does not see the point in forbidding people to consume this drink, because it is still impossible to keep track of all the inhabitants of a 145-million-strong country. But the law prohibits putting up produced moonshine for sale. Moreover, it is impossible to sell not only moonshine, but also mash, from which it can be made. This is explained by the fact that this mash contains a large amount of ethyl alcohol that can kill the consumer.

You can store moonshine at home, for this legislation you will not be subject to criminal prosecution, and you will not have to pay a fine either. Apparatus for moonshine is sold in the public domain in specialized stores at very affordable prices - for 5000 you can buy a very effective device that makes excellent moonshine.

The authorities can prevent you from brewing your favorite drink if you register an individual enterprise in your name. Individual entrepreneurs in Russia cannot engage not only in the sale, but also in the production of alcohol. This is the prerogative of legal entities. In order to still get permission to make moonshine in this case, you will have to register yourself as a legal entity and draw up a lot of documents, including a license that allows you to produce alcohol at home.

Responsibility for home brewing

The deputies are not sitting idle and, it seems, are not going to leave moonshiners alone yet. Most recently, the State Duma of the Russian Federation submitted for discussion a new bill, according to which manufacturers of moonshine must pay fines for its production. The adoption of this law will return moonshiners to the times of the USSR, when the mere possession of a moonshine still could become a reason for criminal prosecution. This is explained by statistics, according to which the number of poisonings with ethyl alcohol has increased significantly in some regions of Russia in 2016-2017. So far, this bill has not been adopted, but it enjoys great support in the State Duma, and a return to its discussion is only a matter of time.

Why do people brew moonshine?

The question why someone even decides to make home-brewed moonshine, when the authorities assess this process so negatively from a legal point of view, seems to be relevant for our days. It is difficult to understand why people enter into these dangerous games with the law. Indeed, instead of making moonshine for yourself, you can always buy in the store not the most expensive alcoholic analogue and at the same time practically not overpay. Those who sell moonshine could come up with an equally profitable, but much safer business for themselves. In the end, if you really want to sell your own drink, you can make compote. But no, as if ignoring these arguments, even in 2018, Russians continue to buy moonshine stills and brew moonshine.

The easiest way to explain this is the current economic situation in the country. Prices are rising in stores, but employers are in no hurry to raise salaries for their employees. Yes, and unemployment is still a huge problem for modern Russian society. 35% of the able-bodied population is trying unsuccessfully to find a job and earn at least a living wage. When you can't find a job for several years, the production of moonshine seems not the worst option for at least some kind of livelihood.

In addition, people are slowly starting to lose confidence in the alcoholic products sold in the store. Too many life-threatening counterfeit items are making their way onto store shelves. And it is rather difficult for a Russian person to refuse to drink alcohol, because for a long time there has been a stereotype in our society that a feast held without a stocked bottle for a good snack is a waste of time. Making your own alcohol is a great way out if you don't trust stores. In the end, only the person himself will be able to produce such alcohol that will fully satisfy his tastes.

What will the sale of moonshine entail?

An article on the sale of moonshine is currently absent in the Criminal Code of the Russian Federation. But it can be found under number 14.1 in another law, in the Code of Administrative Offenses of the Russian Federation. According to this article, a person who has made moonshine for subsequent sale, at best, will face a fine of 500 to 5,000 rubles. In order to prevent the possibility of a relapse and the subsequent manufacture of moonshine, the moonshine still and all alcohol produced by the violator will be seized without the right to return.

For the production of moonshine in especially large quantities, especially if a person is not caught in this offense for the first time, a fine from 5,000 can grow to 300,000. And if each businessman can still pay the first amount without any problems, then, having learned the maximum amount of the fine, many, of course they will think about whether it is worth continuing to make moonshine.

Together with a fine, the violator can receive up to 240 hours of corrective labor for the production of moonshine, during which he will have to clean up the city from garbage, paint the walls of any municipal facilities, and do other things to improve urban welfare.

If the sold moonshine caused the death of the buyer due to the high content of ethyl alcohol, then this act will be interpreted not as “Illegal business”, but as “Causing death by negligence”. This is a different law and completely different consequences. At the same second, the violator will say goodbye to the Code of Administrative Offenses, and his case will be investigated in accordance with the norms of the Criminal Code of the Russian Federation. The maximum punishment that can be received in this case is 10 years in a general regime colony.

Summarizing All of the above, I would like to say that by putting up the produced moonshine for sale, you seriously risk bringing down the wrath of law enforcement agencies. Yes, now the pressure of legislation on moonshiners has decreased in comparison with Soviet times, they again received the right to make this drink for themselves and relaxed. But the law does not sleep. In 2017 alone, more than 1,000 people were fined for selling moonshine in the country. If you don't want legal trouble, think twice before listing manufactured moonshine for sale. Money is money, but no man has anything more valuable than freedom. It is foolish to continue dangerous production, risking it in pursuit of easy profit.

Historically, the production of moonshine has been associated with certain risks. First of all, it concerns legislation. Many people remember that the Soviet Union provided for criminal liability for home brewing. But how are things now? Is it possible to brew moonshine in Russia and Ukraine without breaking the law? You will find answers to these questions in the current material.

Until the 80s of the last century in the USSR there was administrative, disciplinary and criminal liability not only for the manufacture, storage and sale of moonshine, but also for the presence of mash, the alcohol content of which is above 4%. At the same time, both sellers and buyers were punished.

Citizens caught moonshining, at best, faced a large fine and a friendly court at the place of work or study. At worst, for the sale of moonshine, one could get a term of up to 3 years in prison with confiscation of property.

The Soviet Union maintained its monopoly on the manufacture and sale of liquor. The sale of alcoholic products annually brought tens of millions of rubles to the treasury, and the state did not want to give away part of its income. Naturally, no one spoke directly about this, party leaders justified the persecution of moonshiners by fighting alcoholism and crime.

The situation changed in the 80s, when officials realized that it was impossible to eradicate moonshine, as it was one of the folk traditions. Criminal liability was replaced by large administrative fines. After the collapse of the USSR, the state monopoly on the production and sale of alcoholic beverages is no longer there, therefore, there is no need for fines for moonshine either.

The status of moonshine in modern Russia

Now in Russia you can legally drive moonshine for your own needs. Since 1999, there are no articles in the Criminal and Administrative Codes of the Russian Federation that provide for liability for moonshine. But once again I emphasize that it is allowed to produce moonshine only for yourself and your relatives (friends).

According to the federal law "On the administrative responsibility of legal entities (organizations) and individual entrepreneurs for offenses in the field of production and circulation of ethyl alcohol, alcoholic and alcohol-containing products," the sale of moonshine entails administrative liability. The fine can reach several thousand rubles, the specific amount is established by a court decision.

This means that Russians can safely brew moonshine and buy moonshine stills without fear of being punished. It is forbidden only to sell moonshine, that is, to benefit from their activities. But even for the sale of moonshine, only administrative responsibility is provided, in other words, a fine.

Responsibility for moonshine in Ukraine

In this regard, life is much more difficult for Ukrainians, since they do not have the right to make moonshine legally. According to Art. 176 of the Code of Administrative Offenses, the fine for moonshining in Ukraine ranges from 3 to 10 tax-free minimum incomes of citizens (UAH 21-170 in 2014). The amount is small, but no one wants to pay it, especially since in most developed countries moonshine for their own needs is allowed.

Theoretically, in Ukraine, a fine of several tens of thousands of hryvnias is imposed for selling moonshine, but most judges are more humane, limiting the punishment to thousands of hryvnias.

Fines for moonshining annually bring the Ukrainian treasury 1-2 million dollars, the state is in no hurry to give up this money. The authorities do not want to hear the arguments of supporters of the legalization of moonshine brewing that the ban increases the corruption of the police and does not give tangible results in the fight against alcoholism. In the coming years, the situation with moonshine in Ukraine is unlikely to change for the better. Ukrainians will continue to make moonshine illegally.