Trade in alcoholic beverages should be carried out exclusively by officially registered companies that have previously obtained a special license for such activities. The illicit trade in alcohol is a serious offense for which large fines or other penalties are imposed. Violations may be related to the lack of a license, the sale of products to minors or the use of drinks that have a fake excise stamp. Each illegal action is subject to severe punishment.
The concept of illegal trade
Every entrepreneur who decides to trade in alcohol should understand the requirements of the legislation regarding this activity. For this, the provisions of the Federal Law No. 171 are taken into account. This normative act indicates under what conditions activity is recognized as illegal. Illegal retail sale of alcohol and alcohol-containing food products by individuals or firms is presented in the following types:
- sale of these products without prior official registration with the Federal Tax Service;
- lack of activity license;
- alcohol transfer to minors
- sale of products at night;
- offering drinks with a fake excise stamp;
- operating in non-stationary retail outlets.
All the above actions are significant violations of the law. Therefore, if they are identified by representatives of supervisory government bodies, the violator will be held accountable.
Do I need a license?
In Russia, alcoholic beverages may be sold exclusively provided that the process is carried out by correctly registered firms that pre-licensed. The penalty for the sale of alcohol without a license is significant, so it is advisable to initially get it.
Responsibility can be not only administrative, but also criminal, so a businessman must take care of the legality of his work.
Product Requirements
Limiting the sale of alcohol can reduce the number of Russian citizens suffering from alcohol dependence. Therefore, organizations that sell these products are subject to numerous and harsh conditions. To the entrepreneur was not accused of illegal trade in alcohol, the following requirements should be considered:
- the company must have an official license for this activity;
- a work permit is not required if products are sold in which the ethyl alcohol content does not exceed 6%;
- only a company can obtain a license, but individual entrepreneurs can trade exclusively in low-alcohol products;
- all goods must have original excise stamps.
Therefore, if an entrepreneur plans to engage in this type of activity, then he must take into account several significant rules. To obtain a license for the sale of alcohol will have to register initially LLC or another type of legal entity.
Responsibility for lack of permission
Illicit trade in alcohol can be presented in several forms. In each situation, different penalties may be imposed. If alcohol is sold by an individual or company that does not have a license to sell alcohol, the following types of punishments are provided:
- officials pay a fine of 10 to 150 thousand rubles, and all products sold for which there is no permit documentation are confiscated;
- for legal entities, the size of the sanction increases significantly, therefore, it ranges from 200 to 300 thousand rubles, and at the same time, all goods offered by the company are confiscated;
- if the sale is carried out by individuals, then a fine of 4 to 5 thousand rubles will be levied on them.
Penalties are considered truly substantial. They are provided for by the provisions of Article 14.17.1 of the Administrative Code of the Russian Federation.
The sale of alcohol to minors
Each company leader must ensure that his employees responsibly approach their duties. There is a restriction on the sale of alcohol by age, therefore, it is not allowed to sell these products to persons who are not yet 18 years old.
If during special raids conducted by the tax inspectorate and the police it is revealed that the company is selling alcohol to minors, the following types of punishments are imposed:
- individuals pay a fine of 35 to 50 thousand rubles;
- for officials, the amount of the sanction varies from 100 to 200 thousand rubles;
- for companies a fine is imposed in the range from 300 to 500 thousand rubles.
Therefore, the leaders of various organizations should conduct certain work with their employees so that sellers on their own initiative do not violate the requirements of the law.
Trade in alcohol in a plastic container, the volume of which is more than 1.5 liters
You can only sell alcoholic beverages in optimal containers. For this, packages exceeding 1.5 liters in volume are not allowed. Such new rules for the sale of alcohol were recently introduced, but all the same, all company leaders should be aware of such innovations.
If a violation is discovered, then officials will have to pay a fine of 100 to 200 thousand rubles. In addition, representatives of the authorities will confiscate all items that were used in the commission of the offense.
Legal entities pay a fine of 300 to 500 thousand rubles for such a violation. with simultaneous confiscation of products.
Penalties
If the sale of alcoholic products leads to harm to others, then additionally violators are prosecuted on the basis of the provisions of Art. 171 of the Criminal Code. The following types of punishments may be imposed for such violations:
- fines, the amount of which can reach 500 thousand rubles;
- involvement in corrective labor, the duration of which is up to 500 hours;
- six months imprisonment.
Therefore, if the owner of the company or an individual consciously plans to engage in illegal activities, then one should prepare for the many negative consequences of such a decision. Particularly severe penalties are applied if an offense is committed by a group of persons.
Selling drinks with fake excise stamps
All alcoholic beverages must be equipped with excise stamps. Some unscrupulous entrepreneurs intentionally fake these brands. Such activity is illegal, therefore, under Art. 15 CAO offenders are brought to administrative responsibility. Punishment depends on the status of the offender:
- if a citizen is engaged in such activities, then a fine of 4 to 5 thousand rubles is provided for him;
- punishment is increased for officials, therefore they pay from 10 to 15 thousand rubles;
- direct companies are forced to transfer the amount from 200 to 300 thousand rubles.
Therefore, retail trade in alcohol should be carried out solely taking into account the numerous requirements of the law. Otherwise, the businessman will have to face serious negative consequences. The official registration of a business and a license to sell alcohol are the main requirements for this type of business.
When is alcohol banned?
The most severe punishment is the absence of a license to sell alcohol. Businessmen should remember when it is not allowed to engage in the sale of alcoholic beverages. These include the following situations:
- the buyer is a minor citizen;
- it is not allowed to sell alcohol at night, and the exact time period when the ban is imposed can be regulated by the local administration of each region, but in most cities it is impossible to buy alcohol from 22:00 to 8:00;
- lack of permission to trade;
- the company refuses to register in the EGAIS system;
- products are sold in places that are not intended for the sale of alcohol;
- trade is carried out by a private person or individual entrepreneur, although this type of activity is available only to companies.
Identifying entrepreneurs who engage in such activities is quite simple. For this, employees of the Federal Tax Service, the police and other supervisory authorities regularly conduct various raids.
When is criminal liability used?
Illicit trade in alcohol can lead to criminal prosecution of an entrepreneur. This is possible in the following situations:
- If trade without a license is carried out in especially large amounts, so the violator receives an income of 100 thousand rubles, then he pays a fine of 2 to 3 million rubles, which can be replaced by a salary for a period of one to three years. The fine for the sale of alcohol without a license can be replaced by imprisonment for a term of 1 to 3 years, with the simultaneous imposition of a ban on the occupation of any high posts.
- If a second violation is detected by one person, then under Art. 171.4 of the Criminal Code a fine of 50 to 80 thousand rubles is imposed. The sanction can be replaced by correctional labor for up to one year. The fine can be determined in the form of the salary of the culprit for a period of 3 to 6 months.
Due to such significant types of punishments, each person must understand the requirements of the law so as not to violate these conditions.
Where to complain about the illegal sale of alcohol?
If any citizen notices that the organization sells alcohol at the wrong time or to minors, then he can write a complaint to state authorities. This question can be contacted in the following organizations:
- Rospotrebnadzor. It is this organization that is engaged in protecting the rights of buyers. You can submit an application in paper or electronic form. It is advisable to attach evidence of violations by any trading organization. To do this, you can make a video recording that records that alcohol is being sold at the wrong time or to a teenager. Only official appeals are considered, therefore writing an anonymous statement is pointless. Usually employees of Rospotrebnadzor react to such a statement within 30 days.
- Contacting law enforcement agencies. If a person notices that they are selling alcohol in a store after 22:00, he can immediately call the police. Police officers will arrive at the specified address and conduct an inspection. In addition, you can write a statement to the police, indicating in this document the main circumstances of the violation.
Any complaint is dealt with within 30 days. If the statement indicates that the store sells alcohol to minors, then employees of the selected state institution usually respond literally within 10 days.
Conclusion
Trade in alcohol should be carried out by businessmen, taking into account the numerous requirements. For this, it is important to register a company and obtain a license. You can only sell products that have the original excise stamp. The store can operate only in a strictly specified period of time, and it is also not allowed for the seller to sell products to minor citizens.
For identified violations of the company are brought to administrative or criminal liability. For particularly serious violations and repeated misconduct, imprisonment for a long term may be imposed.