Trade in alcoholic beverages from January 1. Rules for the retail trade of alcoholic products in the territory of the Russian Federation

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 process. 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 implementer is faced with an accounting system for initial stage activities - 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 mobile phone, the barcode from the check can be read and all information about the purchased product can be checked.

If new trading rules 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. Cash program memorize 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 were established by the leadership of the regulatory service. alcohol trade. Of course, they do not release from the obligation to install all necessary components EGIAS until 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 Catering. But, if a cafe or restaurant sells alcohol-containing products, then the owner needs to record all purchase transactions. Therefore, it will also need to install special programs to a computer and connecting 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 annually does not exceed three hundred thousand decaliters;

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 in his store single system accounting, while selling alcoholic, low-alcohol or beer drinks, he will be prohibited from working. At this stage, there is liability for the sale of alcohol without required package 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 law on the sale of alcohol, also known as the Federal Law of November 22, 1995 N 171-FZ, was adopted in Russia not by chance. Regrettably, our country is in the top world rankings for alcohol consumption. It's no secret that alcoholism is one of the most important problems in our society, and various government officials also regularly focus on this.

One of the most effective levers for reducing the amount of alcohol consumed on average in the country is to limit its sale at the legislative level. Due to the fact that such measures have already been taken, the question of when it is forbidden to sell alcohol is of interest to both those who sell it and those who plan to consume it. Of course, there is a special law on the sale of alcohol, but not everyone bothers to open it and understand everything. Below is all the information in a more accessible and understandable form.

The concept of "alcohol"

In order to competently use and be guided by the law on the sale of alcohol, it is necessary to clearly understand what exactly falls under the concept of "alcoholic beverage". The law we are interested in is Federal Law No. 171-FZ of November 22, 1995. In fact, all drinks containing 0.5% ethyl alcohol or the products of its fermentation are officially alcoholic - art. 2 FZ-171. However, there is a small influx. This concept does not include all products in which the percentage of alcohol does not exceed 1.2%. For example, in such small quantities, alcohol can be found in fermented milk products (kefir, tan, koumiss), as well as in kvass. It is worth noting that some types of kvass contain even more alcohol than 1.2%, but they are still not classified as alcoholic beverages.

By product type

In addition, all products that are officially positioned as non-alcoholic and have passed the appropriate test do not fall under the law on the sale of alcohol. The most common options for this are non-alcoholic beer and non-alcoholic wine. They usually still contain ethanol, but its share rarely exceeds half a percent, and therefore such drinks are not subject to the said Federal Law.

The main list of alcoholic beverages is specified in the above-mentioned federal law and other by-laws. Simply put, any liquid that contains alcohol is officially covered by the law on the sale of alcohol. In particular:

wine;
liquor;
port wine;
whiskey;
cognac;
vodka;
brandy;
absinthe;
tequila;
Calvados;
any tinctures for alcohol;
beer.

Beer

Beer is worth a separate stop. Many, for some reason, believe that beer is not subject to the law on the sale of alcohol due to its low alcohol content. The same is often thought about various low-alcohol products, energy drinks based on alcohol, and so on. As a rule, the alcohol content in such drinks is at the level of 3-4% or even higher, so there is no reason to make an exception for them. From the legal point of view of the law in question, the sale of 3.5% beer is equivalent to the sale of 70% chacha. But you need to understand that for the sale of beer there are exceptions specified in other regulations. Therefore, if you decide to engage in the retail trade of beer, study the legislation more carefully, in particular FZ-289.

Normative base

The Law on the sale of alcohol, which, by the way, was amended in 2019 (came into force on 08/06/2017), is the main regulatory act that regulates the sale of any alcoholic beverages.

One of the most important points of this law is to limit the age of persons to whom alcohol can be sold. In any instances, it is 18 years. An exception is made only for those cases when a person officially married, or opened his own private enterprise. In such cases, he is officially considered an adult, and capable of taking responsibility for his actions. However, even in the case of presenting, for example, a marriage certificate, shop assistants very often refuse to sell alcohol to a client.

Requirements for the premises and documents

Another very interesting point of the law is the limitation of the area of premises in which alcohol can be sold. The Prohibition of Alcohol Sale Act prohibits the sale of alcoholic beverages in an establishment with an area of less than 50 square meters. Outside the city limits, this limit is reduced to 25 square meters. This information is regulated by various articles of the law, but in fact, for understanding, it is worth immediately studying 278-FZ - it is in it that the main amendments regarding changes in part of the premises are spelled out.

It is worth noting that there have always been enough people in Russia who wanted to circumvent the law on the sale of alcohol. A common scheme is an attempt to buy alcohol over the Internet. At the same time, the courier brings the client not only the drink directly, but also the lease agreement, which is a cover. According to this document, alcohol is allegedly rented to a person as a decorative element. At the same time, according to the contract, the recipient does not have the right to damage or open it. However, now this scheme is already being cracked down by law enforcement officers without any problems. The lease agreement is recognized as having been drawn up to hide the real contract of sale, after which the company - the implementer is held liable. In some cases, even the buyer can be attracted if he was directly involved in the implementation of the scheme, fully aware of the fact that this is illegal.

Lawyer of the Board of Legal Protection. He specializes in administrative and civil cases, indemnification by insurance companies, consumer protection, as well as cases related to the illegal demolition of shells and garages.

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 exclude retail illegal alcohol.

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 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 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 was added to disproportionate fines, public Works, deprivation of liberty.

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.

Second article about 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 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 the first of January 2019 age limit for the sale of alcohol, tobacco remains at around 18 years.

How to succeed in the alcohol market? It is necessary to arm yourself with an up-to-date source that will provide information: what is the law on alcohol, its nuances and innovations.

The law on the sale of alcoholic products is periodically amended in order to improve the quality of alcoholic beverages purchased by buyers, to make it unacceptable to supply low-quality alcohol. The latest adjustments to the rules for the sale of alcoholic products were added at the beginning of 2017.

Rules for the sale of alcohol

The profitability of the sale of alcoholic products is explained by its demand, which never falls. Consumers consume alcoholic products. Regardless of factors such as inflation or crisis. In the alcohol market, each participant in this business receives his share as an entrepreneur and a seller. Therefore, such activities were profitable at all times, and often they were carried out illegally.

The illegal trade in such a product is the main reason why all issues related to alcoholic products are controlled by the state at the highest level. For those who have chosen a business in this area, you must purchase a license. You can purchase it by submitting documents that the relevant service will require, it also decides whether the entrepreneur will receive a license to sell alcohol-containing products or not.

List of documents required to obtain a sales permit alcoholic product:

characteristics of the products to be licensed;
certificates of registration of the cash register;
official permission from authorities;
contact information, details;
a document confirming the payment of the authorized capital;
company charter.

Regional rules for the sale of alcoholic products

Legislative conditions for industrial warehouses and property premises:

the area of the area in the village must correspond to 25 sq.m;
the area of the area in the city should be from 50 sq.m.;
conclusion of a lease for a period of at least 1 year.

The time frame clause contains its own characteristics: in Moscow, the sale of an alcoholic product from 8.00 to 23.00 is allowed, and in the Moscow region, the sale policy is more limited to the schedule from 11:00 to 21:00. In St. Petersburg, the opportunity to purchase alcohol has been extended until 22:00. Sales schedule of the Novosibirsk region from 9:00 to 22:00.

The seller's responsibility is to evaluate appearance products, check the condition of the container, product description, information about the supplier and the brand of the manufacturer.

Personnel involved in the sale of alcoholic goods, namely a bartender, waiter, seller or barmaid must work in appropriate conditions:

a room equipped with the necessary equipment;
availability of accessories for customer service;
utensils for measuring provided alcohol.

The sale of goods is carried out using the cash desk, which provides the buyer with a check confirming the payment for the purchase. If the seller violates the procedure for the sale of an alcoholic product, then he is liable for violation of the rules of the retail sale contract.

Where you can not distribute alcoholic products

There are places where it is prohibited by Federal law to sell alcohol:

institutions and establishments of a children's, sports, medical, educational and cultural nature;
in military areas;
in non-stationary types of trade zone;
public urban or suburban transport, stops on its route, metro stations, gas stations;
at airports, areas of mass presence of people and increased insecurity, railway stations, places of wholesale or retail trade.

In addition to the above points, the territories adjacent to these objects are also taken into account. Bars, shopping areas that sell these products around the clock, as well as cafes are considered an exception.

Law on the sale of alcoholic products

There is a list of prohibitions established by law, the essence of which is the prohibition:

Propaganda of alcoholic products in printed form, strong alcoholic products on the Internet;
most cheap price increase vodka by more than 40%;
Distribute any alcoholic product without an inscription about its harm to the health of the buyer;
Drinking alcohol in legal and illegal places;
Buying beer after 12 midnight containing more than 5% ABV.

The label of an alcoholic product must comply with the following rules: place of preparation, expiration date, date of bottling, volume of purchased product, its nutritional value, contraindications to the use of this type of product, a list of ingredients involved in the preparation this drink if the product is genetically modified, then there must be a corresponding sticker.

Products are issued as follows: a sample is placed on the showcase, which is available; information about the cost, the name of the product is attached to it. Products such as wine, cider, beer can be sold on tap, in which case it is necessary to indicate the name and cost of the drink in the amount of 1 liter and 100 g.

What fine can you get

In case of violation of the laws in the alcohol market, the violator will be fined. The arrival of new rules for the sale of alcohol is driving entrepreneurs who are engaged in small business into a strict framework.

What penalties await someone who violates the rules of the sale of alcoholic goods:

Confiscation alcoholic products in the absence of a license, as well as a fine of 10,000 to 15,000 rubles for those engaged in entrepreneurial activities, for organizations from 200,000 to 300,000 rubles.
Confiscation of a batch of a counterfeit brand of alcoholic goods, the appointment of an appropriate examination and a fine for the seller 4,000-5,000 rubles, for an entrepreneur 10,000-15,000 rubles, and for organizations 200,000-300,00 rubles in case of detection of a counterfeit product brand.
The entrepreneur is obliged to pay a fine of 5,000 - 10,000 rubles, for an organization this amount increases several times: 50,000 - 100,000 rubles if invalid data is provided in the declaration in the retail sale of alcoholic goods.
The store manager pays a fine of 5,000 - 8,000 rubles in case of violations of the rules of the state body that deals with the retail sale of alcoholic goods. In case of refusal to pay the fine, the amount increases from 6,000 to 12,000 rubles.

Having studied all the nuances of this law in this article, it will become more clear for an entrepreneur what needs to be done for his business in order not to be fined and continue his activities.

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 alcohol(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 sales strong alcohol in points for the provision of catering services 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 sales are limited from 11 p.m. to 8 a.m. next day by local time.

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 prevailing opinion is that in large shopping malls, such as Auchan, Perekrestok, Bristol, Magnit, Lenta, etc., the sale of alcohol at night is allowed, 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.