The basic rules in the sphere of the circulation of alcoholic beverages are established by Federal Law No. 171 (1995). Let us consider in more detail all its main provisions, as well as the features of the norms and restrictions prescribed by it.
Total information
First of all, it should be noted that the regulatory document under consideration is one of the laws of federal significance. This means that all entities included in the structure of the state are required to clearly comply with its requirements and requirements. Federal Law No. 171 was adopted in 1995. As for its main tasks, they consist in regulating the main issues related to the production, consumption, and also the commodity circulation of those products that belong to the category of alcohol. Moreover, his articles define the main powers, as well as the responsibilities of bodies designed to monitor the circulation of heating products.
Action of law
It is necessary to understand that the law in question has a special scope of its validity, which applies to relations associated with the production, sale and use of products containing ethyl alcohol. There is a certain list of activities to which the effect of the alcohol law in question simply does not apply. These include actions related to the production of alcohol without the goal of its further marketing. It should be noted that this applies only to individuals.
This law does not apply to activities carried out by pharmacy structures. First of all, it should be connected with the dispensing of medicines containing alcohol. Medicines containing alcohol, which are marked in a special register by executive authorities, are not subject to the attention of the law. The same applies to the activities of individuals or entire organizations related to the production and circulation of alcohol-containing products, previously placed in a metal package of an aerosol type. It should be noted that the products in question must be unusable.
Authority of authorities in the field of law
It should be noted that public authorities have some powers in the scope to which the normative act in question applies. They are owned by both the state authorities of the country and persons holding similar positions in individual entities.
The powers of the considered group of people in the field of ethyl alcohol turnover, on the basis of the alcohol law under consideration, include, first of all, the possibility of regulating the value of these products, their import, export, as well as maintaining various forms of control over the sale of such products and their organization. These entities have the right to engage in direct marking with special stamps and excise taxes. However, such powers are valid and can be exercised solely in relation to those products that are produced on the territory of the Russian Federation or its individual entities.
These persons have the opportunity to set state standards, as well as approve the technical conditions for the production of products containing ethyl alcohol.
Among the powers of state authorities the law on alcohol includes the development, as well as the application in practice of a specific set of measures aimed at protecting not only the health of consumers of alcohol, but also their rights. They can also develop and put into practice some programs aimed at improving the production of products containing alcohol, as well as at eliminating competition with poor quality properties.
The bodies under review are entrusted with the activities of maintaining the state register and a unified system of an informational nature that contains data on the volume of production of alcohol, as well as its sale. Moreover, they should separately develop and put into operation some other registers: for registering vine plantations, production capacity, etc.
Features of the turnover of alcohol
The Federal Law "On the Sale of Alcohol" establishes certain rules in accordance with which the circulation of products containing alcohol should be carried out. They indicate certain features that should be considered in the process of purchasing, selling, supplying, as well as transporting products of the type in question.
So, on the basis of the provisions presented in the law on alcohol, the purchase of large amounts of alcohol should be made solely on the basis of a special notice. An important point here is how much alcohol the legislation considers large - this is 200 decalitres per year. Moreover, in the interpretation of this rule of law, it should be borne in mind that the acquisition of products by notification is possible only if it is intended to use finished products to satisfy their own needs.
As for the supply of alcohol, they should also be made only if there is a special notice. This applies to cases when products containing in their composition more than 25% alcohol are transported, as well as if they are presented in bulk form. As for the supply contract, which the parties can conclude for carrying out the transportation of products, in a number of its basic conditions it must necessarily contain a clause stating that from the moment the products are delivered to the buyer, all property rights are transferred to him. It should be noted that the delivery of this type of product can only be carried out by carriers that have a special license, which allows for absolutely all actions with respect to the products in question (storage, transportation, production).
As for the peculiarities of the purchase of alcohol, it can be made exclusively at prices that are not lower than those established by the Government of the country. All purchases and deliveries of alcohol-containing products can be carried out exclusively if there is a notice evidencing payment of an advance excise tax, or a document that indicates that there is no need to pay it.
Taxation
The alcohol law under consideration prescribes certain rules in the field of taxation of alcoholic beverages. All products containing alcohol that are produced on the territory of the Russian Federation must be marked in the form of a federal special brand. This requirement does not apply to products that are known to be manufactured for export, as well as beverages such as beer, cider, poire and mead. If we talk about products that are imported into Russia from other countries, then it is subject to excise stamps.
All special stamps necessary for the designation of imported and exported products can be purchased at the territorial executive body, the responsibility of which is to supervise the turnover of the type of product in question. To do this, you should regularly provide a specific set of documents. The package under consideration includes the application itself for the provision of the required number of stamps, a certificate of absence of debt from the legal entity to the tax service, a copy of the license to manufacture, sell or import products containing alcohol, as well as a copy of the contract for its supply. To this list of documents should also be added the reports drawn up in relation to those brands that were previously purchased and used, as well as the calculation of the needs for special brands.
In order to use printed material for these purposes, the customer must attach a written commitment, as well as a document that is able to confirm its support. It should be noted that all the above requirements cannot be applied if the brands are purchased by agricultural producers, as well as by those enterprises that carry out the labeling of winemakers' products with a geographical indication that was previously protected.
Activity Licensing
It should be noted that activities related to the production of alcoholic products, as well as their turnover, are subject to mandatory licensing. However, the legislator provides for some exceptions - those areas in which the need for special permission is simply not provided. Among these, the law on alcohol trade includes the production of alcohol containing ethyl, or other drugs. Retail trade in products containing alcohol and the production of grape must are also not subject to licensing.
It should be noted that in accordance with the legislation in question, a license can only be issued for certain types of activities. These include: actions related to the production of alcohol, its storage and delivery, as well as the purchase. The legislator determines that licensing is necessary when taking actions with respect to both food and non-food products. Activities related to the retail sale of alcoholic beverages are subject to compulsory licensing.
It should also be understood that certain types of licenses must be issued for actions related to the circulation of food and non-food products.
The law on the sale of alcoholic beverages establishes that the purchase of a special permit for the retail sale of alcoholic beverages is carried out by executive authorities authorized to issue them. In some regions of the country, this function is assigned to local governments. The legislator also provides for the validity of a license issued in the territory of one state subject in the territory of another, but only if a special agreement is in force between them.
Licensing
Special attention should be paid to exactly how the process of issuing licenses occurs. It should be noted that in order to obtain a permit, you need to contact the territorial executive body, providing its employees with a full package of necessary documents. Among the documentary package there must be a statement written on behalf of the legal entity to which the document is to be issued. In addition, the application must indicate all the contact details of this person and the number of the bank account.
Copies of the constituent documents of the enterprise, as well as a certificate of state registration must be attached to the general package. Moreover, among the information provided should be a certificate of registration of a legal entity with tax records. Before applying to the executive authority with a request for a license, you must pay the state fee in advance, a certificate of this should also be attached to the rest of the documents.
The considered law on the sale of alcoholic beverages provides for compliance with the quality indicators of licensed products at the appropriate level. That is why in order to obtain permission for the circulation of alcoholic beverages and other non-food products to the executive authorities, the applicant must provide documents attesting to the technical compliance of the equipment for the production of drinks and products with those standards that are established at the state level.
It should be noted that the legislator categorically forbids the representatives of authorized bodies to require documents that are not prescribed by the alcohol law of June 1, 1995, to provide a license.
Sale of alcohol
Current legislation establishes certain requirements for those who sell alcohol. First of all, they relate to the presence of certain documents.
The special requirements for the retail sale of alcoholic beverages state that the seller must carry out its activities on the basis of a license legally obtained from the local executive authority. Moreover, only a legal entity with correctly executed state registration should act as a seller.
If we talk about these factors in the current law that prohibit the sale of alcohol, it is worth noting among them such as the lack of a special permit. In addition, it is strictly forbidden to sell products of this type in large containers (more than 1.5 liters) made of polymeric material. It is also prohibited to sell alcohol through the Internet or in any other remote way.
Retail also has other nuances. In particular, the law restricting the sale of alcohol states that products containing ethanol cannot be sold in territories of a certain type. These include places adjacent to schools, hospitals, kindergartens, cultural and sports facilities, as well as directly in buildings of this type. It is strictly forbidden to sell alcohol in public transport, at stations and at airports, not far from places with an increased level of danger, as well as directly on their territory.
As for the order of sale of these products, it is also provided for in the law in question. So, this activity is implemented through the implementation of three types of procedures: procurement, storage and delivery of goods. This algorithm is typical for wholesale types of sales.
Restrictions on the sale of alcohol
Legislative norms establish a number of restrictions provided for in the sale of a given type of product. Thus, the current regulatory acts categorically prohibit the sale of alcohol to persons under the age of 18 (Law No. 171). If the seller has doubts as to whether the buyer has reached the age of majority, he has the right to request a document with his date of birth. These may be a military ID, passport, driving license, passport, certificate of residence permit - this list is presented in the provisions of the law on the sale of alcohol. From the age of 21, individuals are allowed to sell strong alcoholic beverages (40 or more revolutions).
In addition to age restrictions, the legislation also provides for some time frames within which products of the type in question can be dispensed. Thus, according to the law, the sale of alcohol after 23:00 is strictly prohibited, and violators of this rule may be punished with administrative responsibility. As for St. Petersburg and Novosibirsk, the restriction on the supply of alcoholic beverages becomes effective starting from 22:00. However, it should be noted that some exceptions are highlighted from the established rule. These include beverages such as beer, mead, poire and cider.
Moreover, in the territory of the Russian Federation there are some legislative norms that restrict the sale of alcoholic beverages on certain days. So, the law on the sale of alcohol on holidays establishes certain dates by which the release of products of the type in question is strictly prohibited. These include the days on which the last calls, rulers and other events related to the end or beginning of the school year are held. The same applies to the dates on which graduation parties are held. The ban on the sale of alcohol is valid on Children's Day, Youth Day and Sobriety Day, which is held on September 11th. On all other dates, the usual vacation regime of the type of beverage in question is valid.
It should be noted that the list of dates established by law as such for which the sale of alcohol is prohibited is wider in some individual regions of the country. , , , - , 8 , , . , - , , .
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