Article for distilling. Is moonshine illegal? What you need to know about the new law on home brewing in the Russian Federation? Recovery of an administrative fine for distilling and selling a surrogate

Although the statistics authorities indicate that the consumption of alcoholic substances in Russia for last years decreased significantly, most independent media, as well as ordinary citizens, are confident that this information is true only on paper. There are plenty of strong drinkers in our country, and only official data show that the level of alcohol consumption is 10 liters per capita per year. Why is this data considered to be understated? It's just that the statisticians can only investigate the legal sale.

There are many who want to make money on such a profitable business, and often, for the sake of making a profit, people go around the official procedure. The most popular home-made drink is moonshine - the word itself is familiar even to children, and jokes about home distillation are based on very real facts. Well-made moonshine really should be sold, because this product is clean and harmless. But first you need to find out 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 go from being an ordinary ferryman to a successful entrepreneur!

Of course, selling alcohol in secret to a narrow circle of people seems like a good idea and most people are genuinely indignant when law enforcement agencies seize equipment as a result of such activities. Logics, civil law says that the consumer himself chooses the counterparty (read - the seller), the product suits him - why is it punishable? The problem lies in poor-quality products, which are often found even among licensed producers, so the potential health hazard of home brew is quite obvious.

It follows from the above that the sale can only be carried out 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 manufacturing enterprise, because for large-scale activities you will have to invest a lot of money: this is a state duty for a license, compliance with the statutory capital of a legal entity, the cost of connecting a system for moonshine. 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 2-3 times compared to the volume of eight years ago. Large enterprises, accordingly, have colossal income in this area.

The situation with individual entrepreneurs is a little simpler (they are also allowed to engage in similar activities). Of course, you have to spend money, and a lot of paperwork, but believe me - it's worth it. The starting requirements are as follows:

to issue a sole proprietorship - today it is easy to do it, and almost everyone knows how to do it. It is necessary to pay the state fee for this, but it is not so great;
conclude an agreement with a laboratory for product control;
get a certificate for the equipment (the old one will not work);
install the apparatus for correct measurement of alcohol content.

Of course, it is necessary to pay taxes for carrying out any business activity, which, in fact, ensure legality. Even complying with all the requirements, but avoiding paying state fees, you run the risk of incurring serious negative consequences.

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

Legal liability for illegal sale

The principle “if the law is not defined, the law is not” is often used by cunning businessmen as an excuse. Indeed, the law does not directly provide for punishment for making 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 alcohol produced is really not for sale. If you are caught in a large and well-equipped production room, it is no longer possible to get out.

Sell alcohol as officially registered entity or an individual entrepreneur is obligatory, the possession of a license is also a mandatory norm. Failure to comply with these requirements usually results in a fine under the Code of Administrative Offenses. The monetary sanction is relatively small, but it can be received 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 a qualification (with the ensuing consequences) threatens cunning businessmen from the outset. With non-payment of taxes, everything is clear, here the very fact of a one-time violation of tax legislation is already a reason for the application of the law on criminal liability.

There is also an article on illegal entrepreneurial activity, which is extremely dangerous in principle, because violation of the procedure and rules for registering a legal entity, lack of a license and other relevant documents to engage in entrepreneurship can already lead to such qualifications. 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 for bringing a person to justice is important, and material - under part two, when the act entailed the death of people. Accordingly, the penalties are also different. Knowing this, the best idea it seems to spend a little time and money, but to be sure that your business is only profitable and does not carry risks.

The state policy in the field of production and circulation of alcoholic beverages invariably arouses increased interest of experts and the population. Wine and vodka excise taxes are raised every year, sometimes even several times. In this regard, some citizens switched to home-made alcohol, which they began to produce on their own. The news that from the new year moonshine in Russia will again be banned, excited many. Is it true that according to the denunciations of neighbors, moonshine stills will be confiscated, and thousands of fines will be issued to their owners?

What will change at the legislative level?

Responsibility for the illegal circulation of ethyl alcohol, alcoholic and alcohol-containing products will be toughened in Russia. from January 1, 2018, it will provide for liability for the sale of alcoholic and alcohol-containing products by individuals and individual entrepreneurs.

A fine from 30 to 50 thousand rubles is established for citizens, and if the violation was committed by an individual entrepreneur, the fine will be from 100 to 200 thousand rubles. At the same time, if a person has repeatedly been subjected to administrative punishment for illegal retail sale of alcoholic and alcohol-containing products, criminal punishment may be applied to him under a similar article 171.4 of the Criminal Code of the Russian Federation.

It turns out that if I drive moonshine for myself, I can now also be fined?

This article is primarily aimed at entrepreneurs and organizations that sell illegal alcoholic beverages without registering as producers.

If you, for example, sell the so-called "Kazakh" or moonshine, then you have something to fear. You, as an individual, can now be charged with a large fine for selling moonshine. By the way, since 2018, administrative liability is provided for the transportation of unmarked alcoholic beverages by individuals in the amount of more than 10 liters per person.

If you are making moonshine for personal use, you have nothing to fear. The main thing is not to carry it with you in a larger volume than 10 liters.

I heard that moonshine stills will be confiscated from the new year. This is true?

Technological equipment for the production of ethyl alcohol (including moonshine still), which is not registered, can be confiscated. The fine for citizens is from three thousand to five thousand rubles, for officials - from 20 to 50 thousand rubles, for legal entities - from 100 to 150 thousand rubles. But these norms have been in effect in Russia since July 2017.

Note that it is only necessary to register a moonshine still if its production capacity is more than 200 decaliters (2000 liters). Accordingly, if the amount of equipment is less (and small devices for personal use are just offered on free sale), it is not subject to any registration, and its use is absolutely legal. There is also no ban on the production of alcohol for personal use, but not for sale.

Is it possible to distill moonshine at home?

Russian legislation, in contrast to the Soviet one, is very loyal to those who make moonshine at home. In the USSR, storage and use of a moonshine still could be imprisoned for 15 days with its confiscation. Now there is no such norm, it is possible to drive moonshine, but for personal purposes - there is no responsibility for this. But nevertheless, it is possible that the moonshiner will periodically be checked whether he sells his products or not.

The modern market for moonshine stills is diverse: their cost ranges from two thousand rubles to three thousand euros for the most advanced mini-alcohol factories with computer control.

The authorities are always trying to keep the lucrative alcohol business in their hands, arguing that the guaranteed quality of products and receipts to the treasury.

Whether it is good or bad for the reader to judge, however, I would like to be able to produce my own alcohol, and not only in small volumes, not only for personal use, but also for sale, as craft and exclusive alcohol. For this, we opened the laws of Russia and Ukraine and tried to study the legal issue on this topic. Read the result below ...

Responsibility for home brewing in Russia

According to the laws Russian Federation home brewing and the production of other alcoholic beverages for personal use is not prohibited. And even in 2002, the item "Responsibility for distilling" was excluded from the number of administrative offenses.

But the production of moonshine and other alcoholic beverages for the purpose of marketing must be licensed in accordance with the Law "On government regulation production and turnover of ethyl alcohol, alcoholic and alcohol-containing products ”.

Violations of this law are regulated by article 14.1 of the Code of Administrative Offenses of the Russian Federation. And liability is provided: a fine of 500 to 5,000 rubles with confiscation of raw materials, products and tools of production.

If the violation 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 according to the Law of the Criminal Code of the Russian Federation (Articles 171 and 238):

The amount of the fine can reach 300,000 rubles.

Correctional labor for a period of 180 to 240 hours or arrest for a period of 4 to 6 months can be ordered.

If illegal activity has led to the death of two or more persons, the perpetrators will be punished with imprisonment for a term of 4 to 10 years.

Responsibility for home brewing in Ukraine

In Ukraine, the production of moonshine, even for personal purposes without financial gain, is punishable by law. According to Art. 176 of the Code of Administrative Offenses, the fine is from 3 to 10 tax-free minimum incomes of citizens of Ukraine.

The purchase of moonshine and other home-made alcoholic beverages entails the imposition of a fine from 17 to 85 hryvnia (Art. 177 KUoAP).

Such severity and the reluctance of the authorities to legalize home production of moonshine is justified by the fact that thanks to this, every year the state treasury is replenished by 1, and sometimes by 2,000,000 dollars.

According to experts, in the coming years, the abolition of punishment for the production of moonshine in Ukraine is not foreseen. And the Ukrainians will continue to drive moonshine illegally, while in Russia there are enterprises that are engaged in the production and sale of moonshine stills.

A brief excursion into the history of moonshine

The origin of home brewing in Europe and Russia began in the 16th century. If the Europeans were interested in innovations and began to experiment, then the Russian people were wary of this.

The popularization of moonshine in Russia fell during the reign of Ivan the Terrible. Even on the territory of the Kremlin, the first tavern was opened, where this drink was poured completely free. But only the personal bodyguards of the tsar could try it.

And already under Godunov, state taverns began to open, and the distribution of moonshine was profitable, since thanks to this, the treasury was replenished.

In the 19th century, home brewing flourished in Russia, and during this period it was possible to obtain a drink with a strength of 96 degrees. But everything changed after education Soviet Union... Stalin began the fight against home brewing, and Khrushchev continued the fierce extermination of this trend.

So, for the manufacture of moonshine and moonshine stills for the purpose of sale, criminal liability was introduced - imprisonment from 6 to 7 years with confiscation of property, and for manufacturing without a commercial purpose - imprisonment from 1 to 2 years with confiscation of the apparatus and moonshine products.

It is strange and probably not a secret for anyone that Russia occupies a leading position in the consumption of alcoholic and alcohol-containing products all over the world.
If we operate with accurate data, then according to the WHO for 2010 Russia is in 4th place among the most drinking countries on the planet.
There are only three former republics of the Soviet Union ahead of the planet.
Namely: Belarus, Moldova and the current member of the European Union Lithuania.
However, Russia is constantly changing places, but for many years only with these countries.

A lot or a little, but the citizens of Russia consume 15.1 liters of pure alcohol per capita. The calculations were carried out among citizens over 15 years old.
At the same time, there are accurate data on the variety of products consumed:

11.5 liters of discounted alcohol
3.6 unaccounted for

It is important to note that 51% of all consumed alcohol-containing products are strong, that is, not lower than 40 degrees.

In other words, every person on the territory of Russia, over 15 years old, drinks 7 liters of strong drinks or 14 bottles of vodka, cognacs and others a year.
At the same time, out of 14 bottles of officially drunk vodka or cognacs, 2.5 bottles of 0.5 liters each are not accounted for.

At the same time, 1.25 self-made strong products are sold in the country for 7 liters.
The figure is really impressive, because out of 18% of all unaccounted for, about 5-7% is moonshine.

The reaction of the authorities

And the state's reaction to moonshine is very liberal.
In other words, there is simply no responsibility for home brewing in the country.
The state is very scrupulous about those fellow citizens who brew moonshine for themselves.
You can do this as much as you like, in any quantity and in any quality.

However, if the fact of the administrative code is established in this case, there will be.

For which all the same can come responsibility

Until 1997, administrative responsibility for distilling was present, and in Soviet times, criminal liability was also provided for this with punishment in the flesh up to imprisonment for up to 3 years.
However, in modern Russia, responsibility will come only if a citizen starts selling his products.
In other words, to carry out illegal entrepreneurial activity
It is for illegal entrepreneurial activity, without the necessary licenses, that liability is provided for under Art. 14.1 Administrative Code of the Russian Federation

In the event that the case is delivered on a large scale to the stream and thus the state will suffer significant material damage, criminal liability is also provided for under Art. 171 of the Criminal Code of the Russian Federation all for the same illegal entrepreneurial activity, without state registration or proper documents.

Legal aspect

However, it is practically impossible to bring to administrative, and even more so to criminal liability for entrepreneurial activity without registration.
Unless the relevant authorities pay special attention to this matter.
However, you have to implement test purchases moonshine and more than once.
What district police officers do not always practice in the countryside
And to prove the involvement of a person in the trade in moonshine is not possible in any other way.

Output

You can drive, but only for yourself.
Since according to the basic Law: Everything that is not prohibited by law is permitted.

We will tell you what restrictions amateur moonshiners will have to observe.

On January 1, 2018, amendments to a number of normative legal acts, collectively called the "law on moonshine," come into force in Russia. The changes are intended to tighten control over the producers of so-called "homemade alcohol" - to limit the production of such products so that they remain for home consumption, and not fill the market for illegal alcoholic beverages, as is the case now.

Let us tell in more detail what the “law on moonshine brewing” of 2018 is, what restrictions amateur moonshiners will have to observe, whether moonshine was really outlawed.

Illegal alcohol market

The distribution of illegal alcoholic beverages is a big problem for Russia. Everyone remembers how in December 2016 in Irkutsk more than 100 people were poisoned with hawthorn tincture and other alcohol-containing surrogates. According to official figures, the poisoning was fatal for 76 people. Similar cases, but on a smaller scale, in 2016-2017 were recorded in other regions of Russia.

All this prompted lawmakers to take tough measures against the production of illegal alcohol, one of which was the adoption of the so-called "law on home brewing" in 2017 (September 17, 2017), which comes into force on January 1, 2018.

Is moonshine illegal?

Amendments to the Code of Administrative Offenses of the Russian Federation and the Federal Law of 22.11.1995 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 frightened lovers of moonshine.

Many felt that since 2018, moonshine in Russia is illegal. And, as in the times of the USSR, the district commissioners will go from door to door and check if someone is driving the pervach, and all the producers of home distillate that come across will be held accountable for the moonshine. 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" that produce alcohol on a small industrial scale for sale. It is this kind of alcohol, which is produced without a license and the necessary state control, that most often becomes the cause of fatal poisoning.

What restrictions have been introduced?

In accordance with the updated version of Art. 14.1 ФЗ dated 22.11.1995 N 171-ФЗ, equipment for the production of ethyl alcohol with a capacity of not 4,000 decaliters, as it was before, but 200 deciliters (2,000 liters), is subject to mandatory state registration.

The production capacity, as you know, is calculated on the basis of the maximum annual output of products, therefore 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 the Decree of the Government of the Russian Federation N 666 of 05/30/2017.

The equipment for home brewing includes and requires registration (if there is an appropriate production capacity):

distillation apparatus;
apparatus and columns for the purification and rectification of alcohol;
installations for the production of alcohol.

To Rosalkogolregulirovanie 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 allowing it to be identified (including those containing a serial number);
title documents for equipment.

At the same time, registration alone is not enough. The equipment itself must meet stringent requirements. The 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, a citizen's appeal to Rosalkogolregulirovanie with documents on the registration of his moonshine still with a capacity of more than 200 decalitres will either lead to its withdrawal or to conservation under the supervision of officials until all the necessary documents are received and state duties are paid.

Responsibility and punishment for home brewing in Russia

Under the new law on home brewing in 2018, liability is provided for violating the requirements for the production and movement of homemade alcoholic beverages. In particular, in accordance with Art. 14.17 of the Administrative Code of the Russian Federation (the so-called "article for distilling"):

the use and possession of unregistered technological equipment for moonshine brewing with a capacity of more than 200 decaliters threatens the owners with a fine from 3 thousand to 5 thousand rubles with confiscation of this equipment;
liability was introduced for the movement of unmarked (homemade) alcoholic beverages in the amount of more than 10 liters per person: a fine - from 3 thousand to 5 thousand rubles.

For bona fide producers of homemade moonshine, nothing changes for their own needs. Devices for home "hauling", as before, are on sale. And the district police, if they go to inspect the living quarters of a citizen for the purpose of identifying unregistered equipment, may not be allowed to enter the threshold without the appropriate court sanction.