What are the new requirements for the sale of alcohol. Sale of alcohol

legislation of the Russian Federation, 1996, N 3, art. 140), Federal Law "On State Regulation of the Production and Circulation of Ethyl Alcohol and Alcoholic Products" dated November 22, 1995 N 171-FZ (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 1995, N 48, Art. 4553) and govern the relationship between the seller and buyer<*>when selling alcoholic products in retail trade.

<*>The seller is understood as an organization, regardless of its form of ownership, as well as an individual entrepreneur selling goods to buyers under a retail purchase and sale agreement.

The buyer is understood as a citizen who intends to purchase or acquires or uses goods solely for personal (domestic) needs, not related to making a profit.

2. Alcoholic products include drinking alcohol, vodka, alcoholic beverages, cognacs (brandy), Calvados, grape wine, fruit and berry wine and other food products containing ethyl alcohol produced from food raw materials, more than one and a half percent of the volume of a unit of alcoholic products .

3. Retail trade in alcoholic products is carried out in the presence of a license issued in accordance with the established procedure.

4. The sale of alcoholic products can be carried out exclusively in places determined by local governments.

The buyer must be provided with information about the number of the license, its validity period, as well as information about the authority that issued this license (by hanging on the trading floor or by other means).

5. It is not allowed in retail trade to sell ethyl alcohol from all types of food and non-food raw materials, ethyl alcohol with non-denaturing additives, drinking alcohol (with the exception of the regions of the Far North and equivalent areas according to the list approved by the Government of the Russian Federation), including imported , alcohol-containing products according to pharmacopoeial articles, alcohol-containing flavoring biologically active food additives, fortified juices, fermented-alcoholized fruit wine materials, alcohol-containing semi-finished products.

6. Alcoholic products are subject to sale if they meet the mandatory requirements of standards, specifications, biomedical requirements and a hygienic conclusion (certificate) in terms of quality. The seller of these products, including imported ones, must have shipping documentation certified by the signature and seal of the manufacturer or supplier and containing information about the existence of a certificate of conformity for each product name, indicating the accounting and registration numbers, its validity period and the authority that issued the certificate. This information must be provided to the buyer at his request.

Certified products are marked with a conformity mark in the manner prescribed by the Certification Rules for groups of homogeneous products.

Alcoholic beverages sold on the territory of the Russian Federation, including imported ones, are accompanied by information in Russian about the certification, the manufacturer's code or address, the mark of conformity, the names of state standards or other regulatory documents, the mandatory requirements of which this product must comply with, the volume of packaging, composition, expiration date, content of substances harmful to health in comparison with the mandatory requirements of the standards and contraindications for use.

In addition, for imported alcoholic products, the seller is obliged to provide, at the request of the buyer, a copy of the certificate to the cargo customs declaration with the original imprints of his seal and the seal of the previous owner of the goods.

7. The seller is obliged to have the current sanitary rules and other necessary regulatory documentation and comply with the requirements established therein.

8. The seller selling alcoholic products is obliged to provide buyers with information in a clear and accessible form about these Rules, hours of sale of alcoholic products, its range, consumer properties.

10. Retail sale of alcoholic products is not allowed:

received from a manufacturer or wholesaler who does not have an appropriate license for the production and circulation of these products;

without information about the mandatory certification and not duly marked with a mark of conformity;

expired, as well as alcoholic products, for which an expiration date should be established, but not established;

without a clear marking to identify the manufacturer;

without a copy of the certificate to the cargo customs declaration (for imported products);

rejected for reasons of quality and safety;

in packaging that does not meet the requirements of regulatory documentation;

with a volume content of ethyl alcohol of more than 18 percent in polystyrene cups, cans and tetra packs (since January 1, 1997);

foreign-made, marked with trademarks of Russian manufacturers, without the importer having an appropriate license to use the trademark of Russian manufacturers (since January 1, 1997);

in bottles without labels, dirty (inside or outside), with obvious signs of damage (chipped throat, cracks), with damaged closures with general turbidity, foreign inclusions, sediment (except for collection wines);

in the absence of excise duty stamps and special stamps (except for beer) on imported products, applied in accordance with the established procedure<*>

<*>In relation to alcoholic products of domestic production from the moment such an order was introduced.

persons under the age of 18;

in children's, educational, religious and medical institutions and in the territories adjacent to them;

with a volume content of ethyl alcohol of more than 12 percent in non-specialized organizations in places of mass congestion of citizens and sources of increased danger (train stations, airports, metro stations, military facilities) and in the territories adjacent to them, as well as from hands, trays and vehicles, in non-equipped stalls, kiosks, pavilions and other premises not adapted for the sale of these products, in scientific and industrial organizations and in the territories adjacent to them.

Adjacent territories are determined by local governments, taking into account the requirements of the relevant services.

dated 11/16/96 N 1364)

11. It is prohibited to sell alcoholic products with a volume content of ethyl alcohol of more than 12 percent in organizations of a small retail trade network (stalls, kiosks, tents, pavilions that do not have a trading floor) and in wholesale food markets.

(as amended by Decree of the Government of the Russian Federation of 14.07.97 N 867)

12. Alcoholic products must be stored in accordance with the requirements of regulatory documents for the relevant type of product.

Alcoholic products are placed by groups and brands.

13. Before selling alcoholic products, the seller is obliged to check its quality by external signs.

14. When selling alcoholic products, the seller attaches price tags with the name of the product, the price, including the cost of dishes and packaging, to the samples of the goods available for sale. When selling wines and beer on tap, the price list indicates the name and price for 1 liter and 0.1 liter (for wines).

At public catering establishments, the price lists for alcoholic products should indicate: the name of the drink, the capacity of the bottle, the price for the entire capacity of the bottle, as well as for 100 or 50 grams (except for beer).

15. Workplaces of sellers, bartenders, bartenders and other persons who sell alcoholic products on tap must be equipped with appropriate trade equipment, measuring equipment, utensils.

16. The sale of alcoholic products is carried out using cash registers in accordance with applicable law. The seller is obliged to issue to the buyer a canceled cash receipt or other document certifying the fact of purchase.

17. The seller is liable for improper performance of the contract for the retail purchase and sale of alcoholic products in accordance with the Civil Code of the Russian Federation and the Law of the Russian Federation "On Protection of Consumer Rights" as amended by Federal Law No. 2-FZ of January 9, 1996.

18. The buyer, to whom alcoholic products of inadequate quality were sold, if it was not agreed by the seller, has the right, at his choice, to demand the replacement of such goods with goods of appropriate quality or a commensurate reduction in the purchase price.

Instead of presenting these requirements, the buyer has the right to refuse to fulfill the contract of retail purchase and sale and demand the return of the amount of money paid for the goods. At the same time, the amount of money purchased for the goods. In this case, the buyer, at the request of the seller, must return the received goods of inadequate quality.

When returning to the buyer the amount of money paid for the goods, the seller is not entitled to withhold from it the amount by which the value of the goods has decreased due to the full or partial use of the goods, the loss of their presentation or other similar circumstances.

The specified requirements can be presented and are subject to satisfaction in the terms and in the manner established by the Civil Code of the Russian Federation and the Law of the Russian Federation "On Protection of Consumer Rights" as amended by the Federal Law of January 9, 1996 N 2-FZ.

19. Sellers, managers and other officials of trade organizations for violation of the Rules for the Retail Trade of Alcoholic Products on the Territory of the Russian Federation shall be liable in accordance with the procedure established by the legislation of the Russian Federation.

20. Compliance with these Rules is monitored by the Ministry of Foreign Economic Relations of the Russian Federation, the State Committee of the Russian Federation for Antimonopoly Policy, the State Committee of the Russian Federation for Standardization, Metrology and Certification, the Ministry of Health of the Russian Federation, the Federal Service of Russia for Ensuring the State Monopoly on Alcoholic Products and their territorial bodies, other federal executive bodies and their territorial bodies within their competence.

Approved
Government Decree
Russian Federation
dated August 19, 1996 N 987

Alcoholic products, which include vodka, wine and, more recently, beer, are restricted goods. This means that the production and retail sale of alcoholic products is possible subject to a number of requirements. The basic one is the availability of a special permit - a license. Many restrictions apply exclusively to the process of industrial production and circulation of alcohol. We will not talk about these restrictions. The majority of the population is concerned about one simple question - if the sale of alcohol is prohibited at night, then until what time can you legally buy alcohol in a store? Let's see what time the sale of alcohol in Moscow and the Moscow region is established by law?

The main federal law that establishes requirements for the production and retail sale of alcohol is 171-FZ of November 22, 1995 "On state regulation of the production and circulation of ethyl alcohol, alcoholic and alcohol-containing products ...". Article 16 of this Law lists special requirements for the retail sale of alcohol to the public. Paragraph 9 of this article states that the sale of alcohol is prohibited at the federal level from 11 p.m. to 8 a.m. the next day local time. This restriction was immediately called a kind of analogue of the "dry law" in the Russian version.

The main "alcoholic" law of the Russian Federation

It is worth noting that federal legislation establishes the right of local authorities to introduce stricter limits on the time of sale of alcohol on their territory, up to a complete ban on the sale of alcohol. This is evidenced by paragraph 2 of clause 9 of article 16 of the “main alcohol” law of the country. In many ways, it was this norm that became the reason for the genuine interest of consumers in the regional time for the sale of alcohol. In many regions, it differs significantly.

An exception to the rules for catering and "duty free"

The rule that sets the time for the sale of alcohol at the federal level also introduces an exception to this rule. Thus, the ban on the sale of alcohol from 11 p.m. to 8 a.m. the next day local time does not apply to public catering - cafes and restaurants, as well as to duty-free shops of the type - "duty free".

Time of sale of alcohol in Moscow and the Moscow region

To date, control over the alcohol industry is divided between Rosalkogolregulirovanie, which is under the jurisdiction of the Ministry of Finance, and regional authorities. At the same time, if industrial production and turnover are placed under the control of federal officials, then retail sales are controlled by regional authorities. In this regard, in many regions, local regulatory legal acts, orders and laws have been issued that, along with the time of sale of alcohol, establish additional restrictions on turnover in a particular subject of the Russian Federation. You need to look for the time of sale of alcohol in a particular region there.

To begin with, let's dwell on the capital's legislation. In Moscow, the regional regulatory legal act that establishes restrictions and prohibitions on the sale of alcohol is Decree of the Government of Moscow dated December 28, 2005 No. 1069-PP. Annex No. 2 of this Resolution specifies additional restrictions and conditions for the sale of alcoholic products in the capital. There are no references to the time of sale of alcohol in Moscow legislation.

In Moscow, the federal time for the ban on the sale of alcohol is from 23 pm to 8 am the next day. Thus, in the capital, you can buy alcohol in the store until 11 pm.

In the Moscow Region, Law No. 40/2012-OZ of April 27, 2012 "On the retail sale of alcoholic products in the Moscow Region" was adopted. According to article 2 of this law, the Moscow Regional Duma has the right to impose restrictions on the sale of alcohol, including a complete ban on the sale of alcohol to the population. However, now there is no norm on the time of sale of alcohol in the regional law.

In the Moscow region, you cannot legally buy alcohol from 11 p.m. to 8 a.m. the next day.

Let us sum up the results of the analysis of the regional legislation of Moscow and the Moscow region on the regulation of the retail sale of alcohol. If you decide to buy alcohol in a metropolitan or regional store, then you can do this before 11 pm and from 8 am, due to the fact that in Moscow and the Moscow Region there is a federal time for prohibiting the sale of alcohol from 23 pm to 8 am the next day.

Note that this ban does not apply to legal catering establishments. In this regard, during the "dry" law, the only way to drink "strong" drinks is to visit and order them in a restaurant, cafe or club. At the same time, these catering establishments must have an appropriate permit - a license.

Do you support a ban on the sale of alcohol in Moscow and the Moscow region from 11 p.m. to 8 a.m.?

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Responsibility for the sale of alcohol at prohibited times

If the seller or store cashier refuses to sell alcohol within the specified time, then his actions are illegal. Unfortunately, this situation is much less common than the desire to sell alcohol to the population around the clock. To suppress the actions of enterprising alcohol sellers, the Code of Administrative Offenses provides for part 3 of Article 14.16, which introduces a fine for violating the rules for the sale of alcohol.

The director of a store that sells alcohol at night will be fined up to 10,000 rubles, and the store itself, as a legal entity, will be fined up to 100,000 rubles with confiscation of alcoholic products. For citizens who bought alcohol during the prohibited time, no fines are provided.

Do not forget that most of the outlets that sell alcohol to the population at night, as a rule, operate illegally, and their alcoholic products are often of dubious quality.

With each new year, certain changes are made to all sectors of the economic sector, the sale of alcoholic beverages is also no exception, and there will be. First, let's try to understand the term EGAIS which is not familiar to everyone. EGAIS is short for unified state automated information system. Why such a system is needed and how it is used, we will consider in our article.

The information system is focused on organizing state control over the production and sale of alcoholic beverages throughout our country. The basis for its development was the fact that, according to statistics, approximately thirty percent of all alcohol produced in the country is produced illegally. If we transfer the statistical data to the real situation - when entering a liquor store, every third of those. what you see on the window is made illegally.

This situation necessitates that introduce new rules for the sale of alcohol aimed at reducing the turnover of sales of illegal alcohol. For entrepreneurs whose activities are related to the sale of alcoholic beverages, this is another stress, because all innovations bring with them certain costs and changes in the established rhythm of work. Next, we will try to answer all the questions that alcohol sellers might have, and also take a closer look at the essence and principle of operation, as well as connecting to EGIAS, the timing when you need to connect to the system and what this will require. In fact, the introduction of such a method of control will not necessarily complicate the work of the business, and for some, on the contrary, it will make it easier.

The main condition for all entrepreneurs who own any outlets selling alcoholic beverages at retail is the provision of all information to the information system. Every purchase that a business owner makes should be accounted for, even if you sell only beer drinks in your store or cafe.

Six months later, the new rules for the sale of alcohol will affect not only information on purchases, but also on the sale of trade units. Thus, each product, even if it is one bottle of beer, must go through EGIAS. This innovation is spelled out in a separately formulated law, which has the number 182 of federal legislation.

What is the principle of operation of the unified state system of accounting and control for retailers, we will consider further.

Supply of alcohol.

For the first time, the distributor is faced with the accounting system at the initial stage of activity - receiving the goods ordered from the manufacturer. At the time of receipt of the goods, you will need to verify its actual quantity with the one indicated in the electronic and paper waybill. What is necessary in order for the fact of receiving an order to be noted in the Unified State Automated Information System? First of all, you will need to install on your computer a specialized commodity accounting program that supports EGIAS. After that, the document is sent to the computer in electronic form from this accounting system. You continue to accept the order only if the actual information and invoice data are identical, accepting the invoice that is given by the supplier. If, upon receipt of the order, you find a shortage or any other discrepancy between the order and the data indicated on the invoice, then you have two options. You can simply reject such an invoice or draw up and certify an act of non-compliance. The same should be done in the event that the excise tax on any product is damaged or does not meet the established requirements.

If, when checking the received products, their quantity and quality meet expectations and do not arouse suspicion, the fact of receipt of the goods is confirmed in EGIAS. All information about the purchase must be entered into a specially designed program, which will also have to be installed on a computer, it is called the cash program. It must comply with a number of requirements that are officially established by the information system.

Each container of alcohol that is legally produced must have a brand. A special two-dimensional type barcode is applied to it, which is called Micro PDF417. It is this code that carries information about the product, the manufacturer and the availability of a license for its manufacture.

EGIAS alcohol in retail since 2016 - sale.

So, you have verified the invoices with the order, transferred the data on the received goods and placed it at the point of sale. From that moment on, it goes on sale and can be bought by the consumer. Before the sale of alcohol is carried out, and the buyer's money goes to the cashier, the seller must scan the goods through a special scanner in order for the item to appear on the receipt. At the same time, the cash register program will automatically reformat the sales data into a file of a different type and transfer them to the USP or the universal transport module. This application is responsible for the control and speed of information transfer to the Russian alcohol regulation server. After the sale of alcohol is made, the program creates a receipt that has the electronic signature of your outlet, as well as a barcode. This receipt is sent to the cash desk and only after that the cash receipt is considered closed. With this sequence of actions, each sale that took place at the point of sale will be recorded online after you connect to EGIAS.

Sale completed, next steps.

After the consumer makes a purchase and pays for it, he will receive a check in his hands as a confirmation of this action. This check will differ in that it contains a two-dimensional barcode, unlike a regular sales receipt. Only such a check can confirm the fact of registration of the sale in the unified state automated information system. Regardless of how many units of alcoholic products a person has purchased, the barcode on one check is always the same. With the help of a special program that is installed on a mobile phone, you can read the barcode from the check and check all the information about the purchased product.

If new rules for the sale of alcoholic products from January 1, 2016 will be carefully observed and carried out by all sellers, then the consumer will not need to check the conformity of the goods with quality. If the code that is placed on the product cannot be read by the scanner, then the product you are trying to sell is illegal and is blocked by the system. This is how EGAIS should work for the retail sale of alcoholic beverages. However, like any technical product, it can sometimes go astray, and work can be disrupted.

What to do if the system is down.

Often in retail outlets, especially if they are located in small towns or in areas remote from the center, there are problems with the Internet. If the connection suddenly disappeared, then after that it will still be possible to continue selling the goods for some time. The cash program will remember information about each of them. After the connection is restored, the software will automatically transfer all the information. The ability to close the check will also be saved. According to existing developments, the retail information system will be able to work offline for no more than three days. If after this time the Internet connection is not restored, then the owner will have to stop selling alcohol before the Internet reappears.

When you need to connect the system at the point of sale.

The need to install all programs and connection to EGIAS will arise from January 1, 2016. From that day on, all entrepreneurs whose activities are related to the sale of alcoholic beverages must record each purchase in the accounting system. This requirement applies not only to retail outlets located in cities and metropolitan areas, but also to village and township stores too. After July 1 next year, sellers will need to provide information not only on purchases, but also on the retail sale of each unit of goods.

From the beginning of the new year until the end of April, for those who are engaged in the retail sale of alcoholic beverages, there will be some benefits and indulgences that have been established by the leadership of the alcohol trade regulatory service. Of course, they do not release from the obligation to install all the necessary components of EGIAS before the end of this year. But those unforeseen problems or circumstances that entrepreneurs may encounter in the process of introducing new technologies are also taken into account. Of course, the sale of alcohol from January 1, 2016 must certainly be carried out using the Unified State Automated Information System, but if there are any errors in its use, misunderstanding or shortcomings, there will be no strict and serious penalties at the initial stage of implementation.

EGIAS alcohol in retail since 2016 for beer.

Since beer is recognized as an alcoholic beverage, the innovation also applies to its purchase. Starting from the new year, sellers who have beer or low-alcohol drinks, mead, cider or beer in their assortment are also required to provide information on the purchase of this product in a single information system. The start date for goods through this system for sellers of beer is the same as for other sellers of alcoholic beverages - the first of January. But unlike sellers of other alcoholic products, it is not necessary to fix the sale.

Application of EGIAS in the catering business.

There is no clause in the legislation that would indicate the need to use a unified accounting system in places of public catering. But, if a cafe or restaurant sells alcohol-containing products, then the owner needs to record all purchase transactions. Therefore, he will also need to install special programs on a computer and connect the EGAIS in order to transfer data. The sale of alcoholic beverages in public catering places does not need to be taken into account in the Unified State Automated Information System.

Who is not subject to the need for registration through EGAIS.

There are certain categories of entrepreneurs who are exempt from keeping records under the system on a temporary basis. These include:

All enterprises and organizations that sell alcohol, if they are located in the Crimea or Sevastopol. This exemption applies to those merchants who sell alcoholic beverages in retail trade or sell beer or low-alcohol beverages at retail. These territories have their own time frames for joining the EGAIS system. For urban-type settlements and cities, it is necessary to introduce an accounting system from the first day of 2017, and for those outlets located in villages or villages, the delay in installing a single accounting system is two years. It will be necessary to install and connect this function before the first day of 2018.

If your outlet is located far from large cities, in settlements where there is often a problem with the Internet connection, and the population is less than three thousand people, then you get a deferral for sales accounting for one year. That is, you will need to take into account the sale of alcoholic beverages in the Unified State Automated Information System only from July 1, 2017. But be sure to pay attention to the fact that this relief only applies to the sale of goods, the accounting of purchases must still be started at the same time as other entrepreneurs. And that is January 1, 2016.

Some business owners are even more fortunate, and they have the right not to connect to a single system in principle. Who has this opportunity, we list below:

Companies and factories for the production of beer and low-alcohol drinks, the number of production of which does not exceed three hundred thousand decaliters annually;

Organizations that are engaged in the manufacture of wine and champagne based on their own cultivated grapes;

If we talk about reporting information regarding sales, then public catering places such as cafes and restaurants, as well as points that sell beer or low-alcohol drinks at retail are exempted from its provision.

Sale of alcohol via the Internet.

There is no law in the current legislation that could approve the legality of the sale of alcoholic beverages on Internet sites. This issue is directly dealt with by the authorities, and a solution to this problem is planned in the near future. So far, only the main points that need to be written in such a law have been highlighted. First of all, it is necessary to clearly indicate the age limits of persons purchasing alcohol in this way. Secondly, to limit the time of sale to certain limits.

A document containing information on accounting for the sale of alcohol.

The entrepreneur must keep a journal, where all the data about what product was sold in the store and its characteristics are entered. The need to maintain such records will appear from the first day of the new year. The number, code and name of the product, the date of its sale at retail, information on the volume and number of units, as well as the code of the type of alcohol unit itself should be recorded here. There is no need to clarify information about the supply of alcoholic beverages in the journal. There is a certain form of maintaining such documentation, which was approved by order number 164 in June this year. The journal can be kept both in the usual, paper format, and in electronic form, at the discretion of the seller. All requirements will be met if the unified accounting system is also connected to the outlet. It should also be noted that it will be necessary to keep records of all sales of alcoholic beverages through the Unified State Automated Information System from the first of July, while the magazine should be issued from the first of the new year. Therefore, these two forms of accounting will need to be kept separately.

Fill out a journal where sale of alcohol, will be needed not only for those points that sell alcoholic beverages, but also for sellers of beer and low-alcohol goods. Even if, according to the law, an individual entrepreneur may not record all sales in a single information system, such information should be in the journal. Each sales center must have a separate accounting document. It is on the basis of these data that the results will be entered in the declarations for the tax authorities, which are filled out every quarter.

Consequences of refusal to connect EGAIS.

Surely there will be entrepreneurs who will try to avoid the new requirement and wish to trade in the usual way. However, if from the first day of the new year the owner does not install a unified accounting system in his store, while selling alcoholic, low-alcohol or beer drinks, he will be prohibited from working. At this stage, there is responsibility for the sale of alcohol without the necessary package of documents. It is identical to the one that the seller will incur in the absence of EGAIS registration from January 1, 2016. For a legal entity, the fine will be up to twenty thousand, and for an individual fifteen thousand rubles. The relevant law is spelled out in the Code of Administrative Offenses.

From July 1, the same penalty will be applied to sellers who, having installed the entire EGAIS package, do not use it in trade and do not pass the goods through the scanner during the sale. Such a problem may arise if the owner receives a product whose excise tax is damaged and is not perceived by the scanner. Then the violation can be considered unconscious. But the sale of such alcoholic products will still be considered a violation and illegal trade in alcoholic beverages. If you have a product in stock or in a large delivery that has certain problems with excise stamps, it is advisable to sell it before July of the new year. Since the system is new for most entrepreneurs, there will certainly be problems and errors when using it. With this in mind, the alcohol trade regulatory authorities decided not to apply penalties to distributors until April, but only point out errors and shortcomings.

Since April 20 is the deadline for submitting declaration reports for the first annual quarter, the tax office will verify the data received through the Unified State Automated Information System and those indicated in the declaration. If inconsistencies and data inconsistencies are found in the documentation, this may lead to the application of all the measures specified above. An entrepreneur can even lose the license for their business.

Is it possible to postpone the implementation of the system to 2018?

Many entrepreneurs who work in the alcohol retail industry have been talking about this for a long time. There were certain speeches and proposals regarding the postponement of the implementation of the program, which served as the basis for the appearance of these rumors. However, in reality, no transfers are planned and new rules for the sale of alcoholic products from January 1, 2016 will come into force.

The coming year 2019 will differ from 2018 with the entry into force of new “alcohol” laws and more severe penalties for violations in this regard.

Legislators are trying with might and main to demonstrate concern for the future of the Russian nation. The State Duma adopted several hundred amendments to Law 171 FZ. Big "alcohol" changes await manufacturers, distributors, consumers.

From January 1, 2019, the countdown of the grace period provided to manufacturers and distributors of alcoholic beverages begins. During this time, they will have to bring their business into line with the new amendments to the Law on the production and sale of alcohol. The six-month delay provides for the absence of sanctions for violation of the updated legislative acts. The sanctions will take effect from July 1, 2019.

These changes will not go unnoticed by Russian buyers. According to the deputies, the new laws are aimed at combating the shadow production of alcoholic beverages, organizing a transparent system for controlling production and sales. And, of course, to the fight against alcoholism, which has reached the scale of a national disaster.

What to expect in 2019

The changes will affect producers, retailers and buyers of alcoholic beverages. They will have to master a new format of business and alcohol consumption. Regulatory authorities will have more worries, because the law has affected not only the real sector of business and life, but also the global network.

From January 1, 2019, the following amendments and additions will come into force:

• It is forbidden to advertise the sale of alcohol on the Internet;
• Strict registration of equipment producing alcohol has been introduced;
• An individual is prohibited from transporting more than ten liters of unmarked alcohol-containing products;
• The EGAIS system will begin to operate, which will provide a new principle for controlling the sale of alcohol;
• The punishment for violating the "alcohol" laws has become much more severe and includes not only huge fines.

Changes in the federal law are reflected in the Code of Administrative Violations (CAO). It is important to remember that these acts can be supplemented by local authorities in the regions of Russia.

online liquor law

Starting from January 1 of the coming year, it is forbidden to advertise the sale of alcoholic beverages on the Runet. The Code of Administrative Offenses provides for liability for violation of the restriction in the form of a fine:

• Individuals - three to five thousand rubles;
• Officials - 25-40 thousand rubles;
• Legal entity - 100-300 thousand rubles.

The new version of Law 149 FZ provides for the blocking of Internet resources that place advertisements on their pages for the sale of alcohol-containing products and alcoholic beverages.

This measure is designed to limit the consumption of alcoholic products in Russia.

At the same time, the Ministry of Finance of the Russian Federation is developing a draft law on the procedure for the online sale of alcohol, which will take effect from July 1, 2019. Currently, the sale of alcohol-containing products in Runet is officially prohibited. The agency believes that the ban is a sham, as alcohol continues to be sold online. The bill provides for a control system for online sales of alcoholic beverages.

Remote sale of alcohol is possible only through a resource in the egais.ru zone. Marketplaces located in another zone will be blocked.

On the registration of alcohol-producing equipment

The “alcohol” amendments to the Code of Administrative Offenses provide for the responsibility of citizens for the possession and use of unregistered technical equipment with which alcohol-containing drinks are obtained.

From January 1, 2019, fines for illegal alcohol-producing equipment will also apply to individuals.

Lack of registration entails a fine and confiscation of this equipment:

• Individuals - three to five thousand rubles;
• Officials - 20-50 thousand rubles;
• Legal entities - 100-150 thousand rubles.

Penalties are also introduced for the use of pharmaceutical ethyl alcohol in the production of alcoholic products.

According to Article 14.17.2 of the Code of Administrative Offenses, from January 1, 2019, the transportation of unmarked alcohol by individuals is limited, regardless of the place of its production. Violation of the restriction entails penalties in the amount of three to five thousand rubles, the seizure of the transported products.

The permissible volume of unmarked alcohol transported by individuals across the territory of Russia is ten liters per person.

EGAIS - a new format for controlling the sale of alcohol

The successful completion of testing and implementation of the Unified State Automated System (EGAIS) led to a legal transition to a global form of control over the circulation of alcoholic beverages. This will eliminate illegal alcohol from retail.

According to analysts, two-thirds of the alcohol sold in Russia is produced illegally, which endangers the health of citizens and leads to huge losses in the budget.

EGAIS will create a single database of domestic, imported alcohol. To do this, each checkout must have a special scanner connected to the base via an Internet connection. The scanner reads data from the excise stamp. This information is reflected in the check.

A big plus of EGAIS is that information about the origin of each bottle of alcohol will become available to customers.

A draft law on the introduction of a special GOST for brandy is also being discussed. This need is caused by the unprecedented turnover of illegal cognac. The corresponding amendment to 171 FZ will make it possible to separate brandy into a separate category of alcoholic products. This will increase the availability of high-quality alcohol and facilitate the work of regulatory authorities.

Tougher punishments for violating the "alcohol" law in 2019

The Administrative and Criminal Codes of the Russian Federation received many new articles and amendments regarding the responsibility of Russians for violations of "alcohol" laws. Arrest, community service, and imprisonment were added to disproportionate fines.

The Criminal Code was supplemented with two articles on "Illegal production of alcohol-containing products" and "Illegal sale of alcoholic products."

The first article provides for a fine in the amount of two to three million rubles or forced labor for one to three years, imprisonment for up to three years. Collective violation of the law leads to a multiple increase in punishment:

• A fine of three to four million rubles;
• Forced labor - five years;
• Imprisonment - five years.

The second article on illegal sale leads to a fine in the amount of 50-80 thousand rubles. Fake excise stamps will lead to deprivation of 300-500 thousand rubles, forced labor or imprisonment for up to eight years. And this is just the tip of the iceberg, since the severity of the punishment should be commensurate with the damage done.

The Code of Administrative Offenses of Russia is expected to change in terms of collective responsibility for soldering teenagers and young people. According to sociologists, most teenagers try alcohol for the first time in the company of the older generation. Now the responsibility for the sale of alcohol to minors is imposed only on retailers.

Soon, parents and guardians of schoolchildren who drink alcohol will be held administratively liable. In addition, the new bill contains a list of responsible persons. Compassionate citizens who succumbed to persuasion to buy alcohol and tobacco for a teenager were on this list. The legislators did not ignore the sociable drinking companions who offer the minor to "drink a glass", which are also proposed to be held accountable.

The authorities remain unshakable regarding the previously introduced days of sobriety. In addition, the regions are authorized to expand the anti-alcohol calendar. Currently, alcohol is not sold everywhere:

• On the last day of school;
• During graduation balls;
• June 1st, when children's day is celebrated;
• July 27, when the youth celebrate their day;
• On the first school day of schoolchildren;
• September 11 - All-Russian Day of sobriety.

In the Ulyanovsk region, local authorities expanded the list by adding to it:

• Weekend;
• June 12 - celebration of the Day of Russia;
• September 12 is the Day dedicated to the celebration of the family.

Paragraph five of Article 18 of the Law 171 FZ, which imposes a restriction on the time of sale of alcohol, remained unchanged. Given the prolongation of the law, we should expect a widespread ban on the sale of alcoholic beverages after 23.00 in 2019. The resumption of the sale of alcohol is allowed only from eight in the morning.

Many regions have made their own contribution to the expansion of the sober period of the day. So, in the Moscow region and St. Petersburg, alcohol sales begin only at 11.00. In Yakutia, the Tula region, the sale of alcohol is allowed from 14.00. In the Saratov, Astrakhan, Kirov regions, the sale of alcohol starts at 10.00

The State Duma has repeatedly received bills to change the current age limits. Experts refer to the international practice of developed countries and the disappointing statistics of alcohol consumption in Russia.

So, 99 out of a hundred high school students have experience of alcohol intoxication. Every day in Russia, a third of boys and a quarter of girls drink alcohol-containing drinks of various strengths. Only four percent of sixth graders don't know the taste of alcohol.

Taking into account the successful experience of developed countries in the fight against alcoholism, the next bill proposes to change from 18 years to 21 years. The main initiator of the bill is the Russian Ministry of Health. While the bill is under consideration by the State Duma.

From January 1, 2019, the age limit for the sale of alcohol and tobacco remains at around 18 years.

In Russia, the rules for the retail sale of alcoholic and alcohol-containing products are established by federal law. Moscow, the Moscow Region and other regions have the right to adjust these norms in the direction of tightening, for example, to reduce the time for the sale of alcohol.

Let us tell you in more detail how much and how much alcohol is sold in Moscow and the Moscow Region and what threatens violators of the rules for the sale of wine, vodka and other "hot" and low-alcohol drinks.

Federal alcohol control

The main document around which the entire legal and regulatory system is built to regulate the production and sale of alcohol is the Federal Law of November 22, 1995 No. 171-FZ “On state regulation of the production and circulation of ethyl alcohol, alcoholic and alcohol-containing products and ) alcoholic products (as amended by Federal Law No. 18-FZ of January 7, 1999) (as amended on December 28, 2017) (version effective from January 1, 2018)"

The law refers to alcoholic and alcohol-containing products goods, the concentration of ethyl alcohol in which is higher than 0.5% of the finished volume. Definition of concepts:

• alcoholic: strong drinks (vodka, cognac, whiskey), wine, champagne, liqueurs, beer, cider, mead, etc.;
• alcohol-containing: food (wine materials, must) and non-food with a share of ethyl alcohol above 0.5% of the finished volume.

Retail sale of strong alcohol at catering outlets is carried out only by organizations. These are legal entities registered in Moscow and the region. Retail sale of beer, wine, champagne, cider in stores and at points for the provision of catering services is allowed for organizations and individual entrepreneurs.

For the free sale of alcohol, the seller is required to issue a license to conduct this type of activity. The buyer has the right to ask the seller to provide a document with a barcode containing information about registration in the Unified State Automated Information System.

It is illegal to sell alcohol to minors (clause 2, article 16 of the Federal Law). The selling party has the right to require the young buyer to provide any document that determines the age: passport, driver's license, residence permit, diplomatic passport, temporary identity card, etc.

The norms of the law prohibit the sale of alcohol in buildings if there is carried out:

• educational work (preschool and municipal and private schools, professional lyceums, etc.);
• medical work;
• cultural or sporting events;
• in the territories adjacent to the listed buildings. The boundaries of the adjacent zone are marked on the spot by the regional authorities.

The sale of alcohol is prohibited:

• in transport, at stops, in areas of air and railway passenger traffic, at gas stations and areas adjacent to them;
• in places with a large number of people during mass events.

A topical question for sellers and buyers in our time: how many hours do they sell alcohol in 2018, is prescribed in paragraph 9 of article 16 of the Federal Law. Retail sale restriction occurs from 11 p.m. to 8 a.m. local time the next day.

Does not affect the prohibition of the Federal Law:

• places that provide catering services. The sale of alcoholic beverages takes place necessarily in unpacked containers or on tap;
• on board ships and aircraft using the rights of the EAEU;
• at duty-free outlets.

The current opinion that in large shopping centers such as Auchan, Perekrestok, Bristol, Magnit, Lenta, etc., the sale of alcohol at night is allowed, is contrary to reality. All organizations involved in the circulation of alcoholic and alcohol-containing products are required to obey the law and comply with it.

The Federal Law gives the right to the regional legislature to introduce reinforcing bans during the sale of alcoholic goods. To find out how much alcohol is sold in Moscow and the Moscow Region and how much alcohol is sold in Moscow (2018), you need to refer to local regional legislation.

Restriction on the sale of alcohol in Moscow

The basic document regulating the rules and time of the sale of alcohol in Moscow in 2018 is the Decree of the Government of Moscow dated December 28, 2005 No. 1069-PP on measures to comply with and control the legal acts of the Russian Federation in the field of alcohol circulation. The Decree obliges the adoption and implementation in the territory of Moscow of Law No. 171-FZ of November 22, 1995, and on its basis, the sale of alcohol in Moscow is regulated. Sale ban time in the capital: from 23 pm to 8 am next day.

The resolution not only regulates how much alcohol is sold in Moscow, but also limits the distance at which the retail sale of alcoholic products is prohibited:

• to kindergartens, schools, professional lyceums - 100 m. Distance for points providing catering services - 25 m;
• to sports facilities, medical facilities, entry / exit points to the underground metro, railway stations, airport and train station buildings - 25 m.

Information update: On the eve of the May holidays, the Moscow authorities decided to limit the sale of alcohol in Moscow from April 29 to May 2, as well as May 9 in crowded places - at festive events, in parks, squares and pedestrian streets.

Restriction on the sale of alcohol in the Moscow region

The working regulatory document regulating the retail sale of alcohol in the Moscow Region is the Law of the Ministry of Defense No. 40/2012-OZ dated April 27, 2012, as amended on December 21, 2017.

In the previous version of the law, Article 6 introduced an additional veto on the sale of alcohol from 21:00 to 11:00 the next day local time.

In December 2017, Article 6 was abolished and the time for the sale of alcohol in the Moscow Region was fixed at the federal level. The sale of alcohol in the Moscow Region is limited to night and morning hours, as is the sale of alcohol in Moscow. The time in 2018, prohibiting the retail sale of "hot" and low-alcohol drinks in the region, has been set from 23:00 to 08:00 next morning.

Responsibility for violations

Ignoring the norms for the sale of alcoholic and alcohol-containing products (if it does not entail a criminal act) falls under the administrative responsibility of Article 14.16 of the Code of Administrative Offenses of the Russian Federation No. 195-FZ of December 30, 2001. These norms

For the distribution of alcohol at points of sale at night (applies to all regions, including Moscow and the Moscow Region), a fine:

• officials - 20,000 - 40,000 rubles. plus the complete withdrawal of alcoholic products;
• legal entities - 100,000 - 300,000 rubles. plus a complete ban on alcoholic beverages.

Selling alcohol to minors is punishable by:

• officials - 100,000 - 200,000 rubles;
• legal entities - 300,000 - 500,000 rubles.

Alcoholic sale without permit documents:

• officials - 10,000 - 15,000 rubles. plus the complete withdrawal of alcoholic products;
• legal entities - 200,000 - 300,000 rubles. plus a complete ban on alcoholic beverages.

Is it worth reducing the time of sale?

Almost every year the question of tightening the requirements for the sale of alcohol in Moscow is raised. They want to reduce time in the hope of reducing the consumption of alcoholic products by the population. The Ministry of Health of the Russian Federation has repeatedly come up with more radical proposals, in particular, to completely ban the sale of alcohol on weekends.

However, the experiment, which took place in the Moscow region, where the time for the sale of alcohol was reduced, showed that the tightening of requirements on the volume of consumption of vodka and beer does not greatly affect, but rather feeds the market for the illegal sale of alcohol.

What do you think, how much alcohol should be sold in the Moscow region and Moscow, and up to how much? Write your opinion in the comments.