Illegal sale of alcohol: concept, definition, article of the Criminal Code of the Russian Federation 171.4, liability for non-execution, calculation and payment of a fine

Trade in alcoholic beverages in the Russian Federation is a fairly profitable business, since this product is not cheap and quickly pays off. And so many stores sell these products without any license for this. It happens that they sell to minors. And all these operations for the sake of money.

Many, breaking the law, go unnoticed and are not responsible for it. Therefore, if you still decide to teach these people a lesson, you need to understand only one thing: where to complain about the illegal sale of alcohol? In order to understand this, this article has been created. After all, this violation applies not only to food shops and stalls, but also to bars.

Also, if you are an entrepreneur who violates this law, then an article is provided for both the Administrative Code and the Criminal Code. According to the law of the Russian Federation, the illegal sale of alcohol, article 171.4 deals quite clearly, you can easily be held accountable.

License Check

Why is illegal sale going on?

At the time of 2019, control over illegal entrepreneurship, which is carried out in the field of the sale of alcoholic beverages, has increased. And why does it happen that people start selling alcohol illegally? This is because those companies and stores that have their own license to sell alcohol can change alcohol prices in full. In this regard, they are above the norm for alcohol, and the sale of alcohol becomes a very profitable and profitable business.

Sale of alcohol in a place prohibited for sale

It is impossible to carry out transactions in these places:

  1. In hospitals, clinics.
  2. On the sports grounds.
  3. In public, city transport.
  4. On the territory of educational institutions (schools, universities).

What can not be done?

The illegal sale of alcoholic beverages is considered illegal in these cases:

  1. If the seller does not have a license to sell alcoholic beverages.
  2. A person independently produces and creates his own moonshine / alcohol, and then sells it. If you do this for your own use - this is not a violation of the law of the Russian Federation, but if you make such a deal for others - you are already starting to break the law, namely violating article 171.4 of the Criminal Code.
Alcohol law

Law

Articles 171.4, 171.3, 151.1 and 14.16 regulate the illegal sale of alcoholic beverages. The following may be held liable:

  1. Entrepreneurs engaged in transactions with alcohol of their own or another's production.
  2. Individuals who sell alcohol on their own without using a store or stall.
  3. All persons who trade in alcoholic beverages without a license.

Article 151.1 of the Criminal Code of the Russian Federation prosecutes legal entities and individuals if they illegally sell alcohol to minors.

Article 14.16 of the Code of Administrative Offenses of the Russian Federation holds accountable all those who sell alcohol from 22:00 to 10:00.

Illegal sale of alcohol

Application

Any citizen of the Russian Federation who wants to file a complaint about the illegal sale of alcohol has every right to apply to the police department, prosecutor's office or Rospotrebnadzor with his statement of this violation. Consider all the methods individually.

Contact the police

Selling alcohol after 10 p.m.

If you notice a trade in alcoholic beverages, you have the right to apply to the Ministry of Internal Affairs with your application. When your complaint and that store are checked for illegal actions, you will be notified immediately. If people selling alcohol are punished, they will tell you. If according to your statement there are no evidence and facts - the same thing. It is worth noting that they will announce this to you personally by phone, which you will leave in a statement in the paragraph "How to Contact You." For any questions, the police have every right to contact you and interrogate at the police station. Remember this.

Evidence

If you have videos or photographs that show an illegal sale of alcohol illegally, be sure to attach them to your written application. Then, according to your complaint, the verification will definitely begin. Your incriminating evidence on a legal or natural person is a good reason to detain the violator without conducting checks. However, if there is no direct evidence on your video, then the verification will still be destined to be conducted.

It is worth recalling that in addition to a personal visit to the police station, you need to report the violation by phone 02 or 102. The call can be made from a mobile phone completely free of charge.

Alcohol sale to minors

Prosecutor's office

If you filed a complaint with the police and did not consider it, and even more so did not start the verification, then, as a citizen of the Russian Federation, you can contact the prosecutor's office. Try to "reach out" to them with your statement, be sure to insist on your own and ask for an audit. When the verification is completed, you will be notified of the result.

Rospotrebnadzor

Any citizen of the Russian Federation has the full right to contact this federal service to submit an application and complaint about the illegal sale of alcoholic beverages. The complaint can be transmitted in the following ways:

  1. Personally visit the office and write a handwritten statement.
  2. Print the complaint online, on the official website of the Federal Service for Supervision of Consumer Rights Protection and Human Welfare.
  3. Forward the letter to their real mail with the attached evidence (flash drive with video / photo).

Employees should immediately respond to your complaint, be sure to start working promptly and punish malicious violators who sell counterfeit alcohol or carry out transactions to minors. As it becomes clear in the course of the information in the article, it is not worth violating article 171.4 of the Criminal Code, because it can be punished very heavily or a heavy fine will be exacted.

Can I create an application on the Internet?

Some special federal websites have been created on the Internet where citizens of the Russian Federation can contact the police, leaving a complaint. It is also possible to confirm the words with a photograph or video recording (evidence where you record the offense under Article 171.4). Therefore, it is better to file an application for the illegal sale of alcohol (CAO 14.16) on the Internet, if you have a smartphone or laptop.

Also, a complaint can be filed at Rospotrebnadzor, on their official website. Measures will be taken even more immediately than in the police.

Can I contact anonymously?

Sale alcohol fixation

Many when sending an application for any violation do not want to indicate their passport data and contacts in order to do this anonymously. However, in accordance with Article 7 of the Federal Law adopted back in 2006, your complaint will be denied.

And all this is because an application to state bodies will be accepted only when you indicate your last name, first name, middle name and contacts for communication.

Therefore, you can do everything anonymously only through the Internet. However, this will also fail to be done through the official and federal website, since it is necessary to indicate the full name and other data. You can submit on intermediary sites that transmit your application for you on their own behalf. It is worth noting that sometimes they charge a small fee for this. And sometimes, upon successful verification of the application and detection of illegal actions, you may receive small money to your account.

Responsibility

The law of the Russian Federation provides for liability for the illegal sale of alcoholic beverages. It can be both criminal and administrative. The amount of punishment also depends on who you are. After all, if you are an individual, then the size of the fine is less. If you are a legal entity - recovery is more. You can report the illegal sale of alcohol to the nearest police station or Rospotrebnadzor, or the prosecutor's office.

So what will be the responsibility of the offender? The punishment is this:

  1. For the sale in retail and without a license, the fine for an individual will be about 10 thousand Russian rubles.
  2. For a legal entity for the same violation, the fine will amount to 300 thousand Russian rubles, depending on the court decision in this regard.

Also, in addition to these sanctions, it will be completely seized by the police from the store or stall where alcohol is sold.

It is worth noting that if you are selling a regular brand under the guise of an expensive one, then for you the fine will be:

  1. Individuals will pay a fine of about 5 thousand Russian rubles.
  2. Individual entrepreneurs will be responsible for paying about 20 thousand Russian rubles.
  3. But LLC will pay up to 300 thousand Russian rubles.

And in any case, all alcohol will be taken from you and the point of sale will be closed, if any. And also, starting from June 30, 2017, in accordance with Article 174.4 of the Criminal Code of the Russian Federation, traffickers are fined for illegal retail trade in alcoholic beverages for minors in the amount of 30 to 50 thousand Russian rubles, depending on the gravity of the offense and who is the offender.

And if in the future it becomes clear that the individual / legal entity is repeatedly carrying out an illegal sale, he will be prosecuted again under Article 174.4 of the Criminal Code of the Russian Federation, and must pay a sanction of up to 100 thousand Russian rubles. And also an outcome is possible where you will be sentenced not only to a fine, but also to a year of correctional labor. Sale of alcohol physical face - an illegal operation, this must be understood in order to avoid big problems.

Sale of alcohol at night

There are shops that are open around the clock. It is precisely this way and it is forbidden to sell alcohol to all people after 22:00. If such a violation occurs, then for an individual the sanction will be up to 4 thousand Russian rubles. For an official - up to 40 thousand Russian rubles. And if you are a legal entity, you will be punished 10 times more. You will be forced to pay about 400 thousand Russian rubles. In general, it is better not to violate this law in order to avoid financial problems. The fine for the illegal sale of alcohol is very large, so it is better not to carry out such an offense.

Reasons to refuse

Illegal sale of alcohol face what article? Answer: 171.4. Sometimes a complaint and a statement to the police may be denied if the examining officer of the police / prosecutor's office / Rospotrebnadzor finds a reason for this. Here is a list of them:

  1. The address of the outlet (store, bar) is indicated incorrectly in the application and it is impossible to find it.
  2. There is no data from a person who contacts the police complaining of a violation. In the form you need to write your contacts. As mentioned above in the article, anonymous applications are not accepted.
  3. The application is re-submitted. This happens when a citizen of the Russian Federation once filed a complaint on this topic, but was refused, but the person does not agree with the decision and is trying to get another answer.

The state of our country toughens penalties for the illegal retail sale of alcohol every year, and therefore all persons violating the law will be punished and held accountable.

More details about this bill can be found in the Constitution of the Russian Federation. For the illegal sale of alcohol physical. Article 171.4 provides for criminal and administrative liability by a person.

Conclusion

products not sold to minors

If you sell alcohol illegally, you can easily be held criminally or administratively liable. However, in more detail about the illegal sale of alcohol physical. face article 171.4 will tell you.

Source: https://habr.com/ru/post/F29541/


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