Illegal sale of moonshine. What the law says - is it possible to drive moonshine for yourself

From 2018, illegal moonshining in Russia will be prohibited. This provision is enshrined in the newly introduced laws, amendments and government decrees aimed at taking control of the circulation of alcoholic products in the country. Does this mean that strong drinks can no longer be prepared for home use, and how severe are the authorities ready to impose in order to reason with underground producers?

The ban on home brewing in Russia since 2018 is regulated in article 14.17.1 of the Code of Administrative Offenses, introduced by Federal Law No. 265 of July 29, 2017. It states that an independent individual who is not in partnership with an official licensed business or agricultural organization cannot be engaged in the production and sale of alcoholic and alcohol-containing products.

Failure to comply with this provision entails the imposition of a sanction in the amount of 30,000 to 50,000 rubles for an ordinary citizen, and from 100,000 to 200,000 rubles for an individual entrepreneur. In other words, now for the manufacture and retail sale of moonshine, any person, farm owner or entrepreneur will need a special permit. Along with issuing a fine, authorized employees will henceforth be required to confiscate already produced goods, as well as tools for its preparation.

Important! The measures introduced are not limited solely to the imposition of penalties. The ban on moonshining from January 1, 2018 will also provide for the possibility of applying a criminal penalty to the offender under Article 171.4 of the Criminal Code of the Russian Federation if a person is caught in illegal activities several times.

Distillation of moonshine for yourself

Despite the fact that the amendments will mainly affect large underground alcohol suppliers involved in its illegal sale, the changes will not bypass those who previously practiced home-brewing for insignificant sales to neighbors, comrades and acquaintances. From January 1, 2018, these Russians will also be at risk of receiving a large fine as individuals. This may include additional administrative liability provided for the distribution (transportation) of unmarked alcoholic beverages in excess of 10 liters per person (Article 14.17.2 of the Code of Administrative Offenses of the Russian Federation).

However, if alcoholic products are produced on a smaller scale and exclusively for home use, you can not worry about its legality. In this case, representatives of government agencies will simply not have the right to confiscate moonshine or call its owner to account.

More about the seizure of devices

The law on home brewing, which comes into force on January 1, 2018, will allow employees of powerful state organizations to seize unregistered equipment for the production of ethyl alcohol from residents. For the presence of one such tool, the following fines threaten:

• for an ordinary Russian - from 3,000 to 5,000 rubles;
• for an official - from 20,000 to 50,000 rubles;
• for a legal entity - from 100,000 to 150,000 rubles.

At the same time, it is stipulated at the legislative level that only such installations with a production capacity of more than 2000 liters are subject to mandatory registration. This means that on equipment of smaller dimensions, it will be possible to distill moonshine without any certification and registration, but only if after manufacture it goes exclusively for personal use. Today, there are many such devices, the price range of which ranges from several thousand rubles to several thousand euros. The purchase of both the most ordinary distilleries and mini-distilleries with a computer control system is officially allowed if the only condition mentioned above is satisfied.

As it was before

The Russian authorities are not going to carry out tough regulatory measures in the field of individual moonshining, which is not aimed at making a profit, apparently, focusing on the bad experience of Soviet policy in the 1950s. So, at that time, non-commercial production of alcohol was at first punishable by a fine of up to 100 rubles and community service for up to 30 days, but then all this was replaced by a criminal penalty of 2 to 7 years in prison with the risk of complete seizure of property. This did not lead to an actual improvement in the situation, but, on the contrary, only worsened it. Representatives of the regions could not refuse relaxing drinks, while factories and collective farms began to experience a shortage of workers, who were sent to prison en masse. Therefore, the modern government plans to take a different path, more loyal to the population.

Video on the prohibition of moonshine:

In the current economic situation, the Russians began to think about purchasing a moonshine, for personal use or sale - is unknown. Numerous advertisements for the sale of this device have already appeared on the network. The price for it starts from 5 thousand rubles - at first glance, the investment is profitable. Just before than to buy it is worth finding out what threatens for moonshine pasture and whether it can be sold.

Does the legislation of the Russian Federation provide for a ban on moonshine?

Currently, the legislation of the Russian Federation does not contain a specific ban on home brewing. On the other hand, federal legislation provides for sufficient legal grounds aimed at counteracting the manufacture for the purpose of marketing and selling moonshine or other home-made strong alcoholic beverages, so additional legal regulation is not needed.

Is it possible to drive moonshine at home?

Russian legislation, unlike the Soviet one, is very loyal to those who produce moonshine at home. Previously, the presence of a moonshine in the house was severely punished. Now you can drive moonshine, but for personal purposes - there is no responsibility for this. But nevertheless, it is possible that the moonshiner will be periodically checked to see if he sells his products or not.

Is it possible to trade moonshine?

Only legal entities are entitled to carry out activities for the production and retail sale of alcoholic products, this is regulated by the Federal Law "On State Regulation of the Production and Turnover of Ethyl Alcohol, Alcoholic and Alcohol-Containing Products". Therefore, it is impossible to sell alcohol without having the necessary documents.

What threatens the illegal sale of moonshine?

The sale of moonshine or homemade wine without registration as individual entrepreneurs and the necessary licenses is prohibited, and Article 14.1 of the Code of the Russian Federation on Administrative Offenses provides for liability for this.

The size of the fine will vary from 500 to 5 thousand rubles, in addition, manufactured products, production tools and raw materials will be confiscated.

If the manufacture for the purpose of selling and selling strong alcoholic beverages of home production is classified as "Illegal business", "Production, storage, transportation or sale of goods and products, performance of work or provision of services that do not meet safety requirements", then under Articles 171 and 238 of the Criminal Code of the Russian Federation and for a number of other structures of criminal and administrative legislation, the fine can reach 300,000 rubles. Also, for this they can be punished with compulsory work for a period of 180 to 240 hours or arrested for a period of four to six months.

If any of the above results in the death of two or more persons through negligence, the perpetrators will face imprisonment for a term of 4 to 10 years.

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.

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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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  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

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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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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.

Although statistical authorities indicate that the consumption of alcoholic substances in Russia has declined significantly in recent years, most independent media, as well as ordinary citizens, are sure that this information is only on paper. There are enough lovers of strong drinks in our country, and only official data show that the level of alcohol consumption is 10 liters per capita per year. Why is this figure considered to be an underestimate? It's just that the statistical authorities can only investigate legal sales.

There are a lot of people who want to make money on such a profitable business, and often, for the sake of making a profit, people bypass the official procedure. The most popular home-made drink is moonshine - the word itself is familiar even to children, and jokes about home-made distillation are based on very real facts. Qualitatively made moonshine really should be sold, because this product is clean and harmless. But first you need to know how to legally sell moonshine.

Important! Many people are sure that it is impossible to legalize their activities. But, with a little effort, you can become a successful entrepreneur from an ordinary "distiller"!

Of course, selling alcohol in secret to a small circle of people seems like a good idea, and most people are genuinely indignant when law enforcement seize equipment as a result of such activities. Logic, civil law says that the consumer himself chooses the counterparty (read - the seller), the product suits him - why is this punishable? The problem lies in low-quality products, often found even in licensed manufacturers, so the potential danger to the health of the population of home-brewed moonshine is quite obvious.

From the foregoing, it follows that the sale can be carried out only with a special license and compliance with the legislation on the production and circulation of substances containing ethyl alcohol. This is quite troublesome if you intend to create an entire production enterprise, because for large-scale activities you will have to invest a lot of money: this is the state duty for a license, compliance with the rules on the statutory capital of a legal entity, the cost of connecting a system for home brewing. Starting in this industry sometimes requires up to 20,000,000 rubles! However, large-scale production also provides a quick return on investment.

Interesting! The popularity of this drink has greatly increased in all countries of the world. Today, the monthly volume of deliveries of moonshine to many countries from Russia has increased by 2-3 times compared to the volumes eight years ago. Large enterprises, respectively, have a huge income in this area.

The situation with individual entrepreneurs is a little simpler (they are also allowed to engage in such activities). Of course, you will have to spend money, and there is a lot of paper work, but believe me - it's worth it. Starting requirements are:

• registering an FLP - today it is easy to do, and almost everyone knows how to do it. You need to pay a state fee for this, but it is not so great;
• draw up an agreement with a laboratory for product control;
• get a certificate for equipment (the old one will not work);
• install the device for the correct measurement of the alcohol content.

Of course, for carrying out any entrepreneurial activity, it is necessary to pay taxes, which, in fact, ensure legality. Even if you comply with all the requirements, but avoid paying state fees, you risk incurring serious negative consequences.

However, there are always people who want to circumvent the legal order or "save" on contributions to the state treasury. It is desirable for them to know what measures of responsibility law enforcement agencies can use.

Legislative liability for illegal sale

The principle "if the law is not defined, there is no law" is often used by cunning businessmen as an excuse. Indeed, the law does not directly provide for punishment for the manufacture of alcoholic beverages at home (however, Soviet legislation was much stricter in this matter) for personal use, but it is extremely difficult to prove that the produced alcohol is really not for sale. If you are caught in a large and well-equipped production room, it is already impossible to get out.

Sell ​​alcohol as official a registered legal entity or individual entrepreneur is mandatory, having a license is also an imperative norm. Failure to comply with these requirements usually entails a fine under the Code of Administrative Offenses. The monetary sanction is relatively small, but you can receive it with enviable regularity, which is fraught with large losses and the possibility of retraining your act.

And to change the definition of such an act is quite simple - to a criminal offense, and on very real grounds. Moreover, such qualifications (with the ensuing consequences) threaten cunning businessmen from the very beginning. With non-payment of taxes, everything is clear, here the very fact of a one-time violation of tax laws is already a reason for applying the law on criminal liability.

There is also an article on illegal entrepreneurial activity - extremely dangerous in principle, because a violation of the procedure and rules for registering a legal entity, the absence of a license and other relevant documents for doing business can already lead to such a qualification. The article in the Criminal Code provides for two compositions: formal - part one, in which the very fact of violation of the procedure established by law is important to bring a person to responsibility, and material - in part two, when the act caused the death of people. Accordingly, the penalties vary. Knowing this, the best idea seems to be to spend a little time and money, but be sure that your business brings only profit and does not carry risks.