The authorities always try 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. To do 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 distilling in Russia
Under the laws of the 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 state regulation of the production and circulation 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 resulted in 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 authorities' reluctance to legalize home brewing 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 beneficial, 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 the formation of the 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.
In Soviet times, as young people often hear today, everyone was equal, there were no beggars, everyone worked conscientiously, and no one had even heard of such dirty tricks as homosexuality and other perversions! However, it is worth looking at the criminal code of the USSR, as it becomes clear that not everything is so simple. The Criminal Code of the USSR is capable of impressing modern Russians with very unusual articles.
Begging
Beggar in the USSR was prohibited by law. Article 209 of the RSFSR Criminal Code stated that "Systematic vagrancy or begging, continued after a repeated warning issued by the administrative authorities" is punishable by up to two years' imprisonment or correctional labor for a period from six months to one year. It was believed that there is no social basis for begging in the Land of the Soviets, so the people who do it are simply idlers. Nevertheless, the foundations may not have been there, but there were beggars. There were especially many of them after the Great Patriotic War, when many crippled and homeless people appeared.
Speculation
According to Article 154 of the Criminal Code of the RSFSR, they called speculation "buying and resale of goods or other items for profit" and punished with imprisonment from two to seven years with confiscation of property. Today it is even difficult for us to understand what constitutes a crime, since all clothing markets are filled with these very "speculators".
Home brewing
It is not forbidden to drive moonshine without the purpose of marketing these days. And under Soviet rule, this occupation, innocent by our standards, was fraught with major troubles. Article 158 of the Criminal Code of the RSFSR for the manufacture and storage without the purpose of selling moonshine or moonshine still threatened with correctional labor up to six months or a fine of up to 100 rubles. If it was a question of making moonshine for the purpose of sale, then one could sit for up to three years or get off with a fine of up to 300 rubles. Laws on the separation of church from state and school from church Citizens of the USSR were not prohibited from believing in God, but the life of religious communities was strictly regulated. Thus, Article 142 of the Criminal Code of the RSFSR "Violation of the laws on the separation of church from state and school from church" prohibited compulsory collection in favor of religious organizations and clergymen, production and distribution of messages, leaflets calling for non-compliance with legislation on cults, etc. The punishment for this crime is correctional labor for up to one year and a fine of up to 50 rubles. However, believers living at churches, tonsured and engaged in labor at monasteries were more often punished for begging and parasitism.
Counter-revolutionary activities
The infamous "58th article" of the Criminal Code of the RSFSR as amended in 1922. It included treason, escape abroad, armed uprising, contacts with foreign states, espionage, causing damage to Soviet industry and the national economy, sabotage, failure to report an impending counter-revolutionary crime, etc. According to this article, in the camp, in exile and at the shooting wall, both military conspirators and ordinary workers, who, by accident, had a conversation with the wrong people, ended up. In 1961, this article became invalid, but another one appeared in the Criminal Code, number 69 "Wrecking". For "action or inaction aimed at undermining industry, transport, agriculture, monetary system, trade" threatened with a term of eight to fifteen years with confiscation of property. The head of an enterprise or a worker who made a mistake in production without any malicious intent could end up behind bars.
Sodomy
Criminal liability for sodomy was introduced in the USSR only in 1934. Sodomy was a crime against the person and was punishable by up to five years in prison. Under aggravating circumstances, for example, in intercourse with a minor or with the use of violence, the term was increased to eight years. In the 1920s, our country followed the path of gay tolerance. Immediately after the revolution, the corresponding article of the tsarist legislation was abolished. In 1926, the founder of the World League for Sexual Reforms, Magnus Hirschfeld, visited the USSR at the invitation of the Soviet government. And when the “Institut für Sexualwissenschaft” congress was held in Copenhagen in 1928, the USSR was declared by the congress participants a model of sexual tolerance. The article was returned in 1934 on the initiative of Heinrich Yagoda, who, in a memo to the Kremlin, reported on the opening of a whole network of underground dens where pederasts organized their orgies: “Pederasts recruited and corrupted perfectly healthy youth. We do not have a law according to which it would be possible to prosecute homosexuals. I would consider it necessary to issue an appropriate law on criminal responsibility for pederasty. " Article 121 of the RSFSR Criminal Code "Sodomy" was canceled only in 1993.
In connection with the increase in the flow of illegally produced, unmarked alcohol on the market, which violates quality requirements, which leads to a subsequent increase in cases of poisoning and even death, strict measures were introduced to limit the production and distribution of alcohol-containing home-made products.
Is it allowed to brew moonshine in the Russian Federation?
In order to prevent the spread of low-quality alcohol, on September 17, 2017, amendments were developed to the Federal Law No. of 11/22/1995 "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", which entered into force January 1, 2018.
These changes, called the law on the prohibition of moonshine, do not at all impose a taboo on the production of strong alcohol in private, but only limit the permissible volumes of production.
Read also the Federal Law on Trade. Actual information
The new rules primarily impose a ban on the distribution of moonshine and alcoholic beverages produced by individuals. However, the distillation of distillates for personal use is not prohibited.
Allowable volume
The main question that worries all moonshiners in 2018 is how much moonshine can you make for yourself?
In accordance with the provisions of Article 14 of FZ-171, the permissible volume of production of alcohol and alcohol-containing products, including medical ethanol, is 200 deciliters per year. Larger production requires proper registration of the equipment and obtaining a permit or license.
The calculation of the production capacity of moonshine equipment is as follows. The permissible volume of 2000 liters is divided by 365 (the number of days in a year) resulting in 5.5 liters. This is an acceptable volume that a moonshine still can produce per day. Any more powerful devices need state registration with the Russian alcohol regulation authorities.
The following types of technological equipment are subject to registration:
- distillation apparatus;
- installations, columns and other devices for cleaning and rectifying ethyl alcohol;
- complex installations for the production of ethyl alcohol.
The registration procedure is established by the Government of the Russian Federation. In accordance with the established procedure, the owner of equipment more powerful than 200 decaliters must apply to the local authority authorized in the field of control over the production and circulation of alcoholic beverages with the following documents:
- a statement drawn up in a form approved by the government on the type and location of the equipment;
- a copy of the equipment passport and other information and documents that allow it to be identified and confirmed with a capacity exceeding 200 decaliters;
- documents establishing the ownership of the specified technical equipment.
Handicraft equipment that does not have documents confirming its compliance with technical requirements is not subject to registration and is prohibited from use.
Also, when registering a distilling apparatus with a capacity of more than 2000 liters, the owner will have to obtain a license to manufacture the corresponding product, which will require registration of an individual entrepreneur or legal entity.
Where can you do home brewing?
When brewing moonshine at home, one should take into account not only the requirements for the compliance of moonshine equipment with established power standards, but also the requirements for the room where moonshine is brewed.
First of all attention should be paid to the production and distillation of distillates in apartment buildings. The dwelling not only does not meet the requirements of fire and sanitary safety, its use for these purposes directly violates the provisions of the Housing Code of the Russian Federation, according to which the dwelling is intended only for citizens' residence.
The process of making moonshine is connected, At first, with the presence of a specific odor that creates discomfort and violates the requirements for maintaining public peace.
Secondly, for the disposal of industrial waste, the general drainage and sewerage system cannot be used due to the presence of a strong unpleasant odor and the consistency of residues that can lead to the formation of blockages.
In the case of brewing moonshine in apartment buildings, residents have the right to complain about this fact to the housing company or the local police officer, as a result of which the offender will be brought to administrative responsibility.
What is the punishment for distilling and selling it?
Responsibility for distilling is established by article 14.17 of the Code of Administrative Offenses of the Russian Federation. In accordance with this article, the following administrative penalties are provided for the illegal production of moonshine:
- Individuals who make alcohol and alcohol-containing drinks using unregistered equipment, the capacity of which exceeds 200 decaliters, can be fined from 3000 to 5000 rubles, with the subsequent withdrawal of the corresponding technical devices;
- Citizens transporting moonshine or unmarked alcohol and strong alcohol-containing products in an amount of more than 10 liters per person are prosecuted in the form of a fine from 3 to 5 thousand rubles;
- Legal entities that manufacture moonshine or alcohol in violation of licensing requirements face a fine in the amount of 100 to 150 thousand rubles;
- Legal entities that manufacture strong alcohol-containing products in gross violation of the license are subject to administrative punishment in the form of a fine from 100,000 to 150,000 and the subsequent confiscation of all equipment, products, vehicles and other technical means used in production;
- In the production of alcohol without an appropriate license for officials, a fine of 500 thousand to one million rubles is provided, and for legal entities in the amount of one-fifth of the amount of income for the previous calendar year, but not less than 3 million rubles, with the confiscation of the relevant equipment.
For manufacturers of home-brewed moonshine, subject to the requirements for a production volume of no more than 200 decaliters per year for personal use without subsequent sale, nothing threatens. Low-power moonshine stills are freely sold. Law enforcement officials, in turn, are not entitled to inspect residential premises or other areas for the presence of unregistered equipment without a corresponding court order.
In the Criminal Code (Criminal Code) of the Russian Federation, a separate article may appear for the illegal production and circulation of unlicensed alcoholic beverages. The corresponding bill (at the disposal of Izvestia) was prepared by the Ministry of Agriculture of the Russian Federation. In addition, the department also proposes to increase fines for the production and circulation of unlicensed alcohol, establish liability of individuals for its sale and provide for criminal liability for repeated illegal sale of alcoholic beverages. The Ministry of Agriculture claims that the bill will support domestic alcohol producers who suffer losses due to illegal producers and sellers.
According to the bill, the Criminal Code is proposed to supplement Art. 171.3 "Illegal production or trafficking of ethyl alcohol, alcoholic and alcohol-containing products without an appropriate license, if this entailed causing major damage, serious harm to health or other grave consequences." As a punishment, either a fine from 2 million to 3 million rubles or imprisonment for up to 2 years and a fine of up to 1 million rubles are proposed. For a crime on an especially large scale, a fine of 3 million to 4 million rubles is provided, or imprisonment or forced labor for up to 3 years. For the illegal production and trafficking of illegal alcohol "on an especially large scale" or for the commission of a crime by an organized group, a fine of 4 million to 5 million rubles is offered, or imprisonment or forced labor for up to 6 years.
Note that now the production of unlicensed alcohol is classified under Part 3 of Art. 14.17 of the Administrative Code, which provides for a fine from 200 thousand to 300 thousand rubles with confiscation of equipment and products. It will continue to operate in the event of the entry of the proposed article into the Criminal Code for cases that did not entail major damage or harm to health. The existing fine of the Ministry of Agriculture proposes to increase and levy it in the amount of 500 thousand to 700 thousand rubles.
Trade in illegal alcohol is now interpreted as “illegal sale of goods (other things), the free sale of which is prohibited or restricted” (Article 14.2 of the Administrative Code, the maximum fine for a seller is 2 thousand rubles, for a legal entity - 40 thousand rubles).
According to the proposals of the Ministry of Agriculture, the Code of Administrative Offenses proposes to separately designate the personal responsibility of the seller of unlicensed alcohol. For this, the Code of Administrative Offenses is proposed to supplement Art. 14.17.1 "Illegal sale of alcoholic products", which provides for a citizen who has violated the law a fine from 10 thousand to 15 thousand rubles with confiscation of products.
Also, the Ministry of Agriculture proposes to introduce Art. 171.4 "Illegal sale of alcoholic beverages". The application of the article is assumed only if the crime has been committed repeatedly. The punishment is a fine from 50 thousand to 80 thousand rubles or up to 1 year of correctional labor.
The explanatory note to the bill states that "recently there has been an increase in the production and turnover of illegal alcohol."
“The high profitability of activities for the illegal production and circulation of ethyl alcohol, alcoholic and alcohol-containing products, as well as the rather low amount of administrative fines for their commission, are the reason for the increase in the number of these acts,” Misekhoz believes.
The department notes that "the current situation leads to losses in budget revenues of the budgetary system of the Russian Federation, a decrease in the competitiveness of alcoholic beverages, as well as to serious offenses in the alcohol market of the Russian Federation and a sharp decrease in the level of its legality."
Vadim Drobiz, General Director of the Center for Research on Federal and Regional Alcohol Markets, confirmed that the market for illegal alcoholic beverages in Russia is actively growing.
It has been growing for the last 20 years, especially for the last 3 years. Now 65% of the alcohol consumed by Russians is produced illegally. Most of all unlicensed spirits - half of the consumed volume is illegal in this segment, says Drobiz.
In his opinion, tougher punishment for the production of fake vodka turnover will not reduce the illegal market to nothing, but it will “scare well” many.
This market is thriving because it is so much cheaper to buy unlicensed vodka. Russians do not start drinking less because of the increase in the cost of alcohol, but are looking for a way to get alcohol cheaper, says Drobiz.
The expert believes that the reduction in the market for illegal alcohol will be facilitated by a decrease in prices for legal alcohol or an increase in the salaries of citizens.
Back in 2013, it was recognized that we drink in the same way as in the European Union - 12.5 liters of alcohol per capita per year. But in our regions the average salary is 10 thousand rubles a month, you can buy 40 bottles of legal vodka with it. And, for example, a Frenchman, or a German, or any other resident of the EU countries can buy 200 bottles of vodka on unemployment benefits. Due to this difference in accessibility, the illegal market is growing, - Drobiz is sure.
Konstantin Trapaidze, chairman of the bar association "Your legal attorney", said that criminal articles had been applied to dealers in unlicensed alcohol before.
They were tried under Art. 171 of the Criminal Code as illegal entrepreneurs, this is a fairly widespread practice, Trapaidze said.
Note that the aforementioned article provides for a fine of up to 300 thousand rubles, or compulsory work for up to 480 hours, or arrest for up to 6 months.
Trapaidze believes that one should not expect a significant reduction in the market for illegal products due to tougher liability.
Only the sanctions will change, and the fight mechanism will not change. As before, everything depends on the work of law enforcement agencies, the lawyer says.
The production or storage without the purpose of selling home-made strong alcoholic beverages, the production or storage of devices for their production without the purpose of selling them was punishable by a fine in the amount of 100 to 300 rubles. These actions, committed repeatedly, were punishable by imprisonment for a term of three to five years with confiscation of property. (The Criminal Code of the RSFSR of October 27, 1960, became invalid on January 1, 1997)
Legal basis for the production and sale of moonshine
But everything is changing. Since July 1, 2015, it is legal to produce and sell moonshine, whiskey and other grain distillates in Russia.The popularity of moonshine in Russia can be judged by the name of the 1985 anti-alcohol campaign.
"On measures to overcome drunkenness and alcoholism, to eradicate home brewing"Before the emergence of the new GOST, only grape-based rectifications and distillates were produced in Russia.
How legal such actions are, let's try to understand this issue. Remember the famous movie "Moonshiners"?
Visual agitation, claiming that moonshine for oneself, friends-comrades, and even more so for sale, is bad and punishable under criminal law. Taking moonshine seriously, you risk getting a fine or a real term. The current Federal Law of the Russian Federation FZ No. 171 of November 22, 1995, is considered the main regulatory document governing the production and circulation of alcoholic and alcoholic products, does not contain a direct prohibition on private home brewing.
Making moonshine in Russia is LEGAL!
For the sale of moonshine, one could get a term of up to 3 years in prison with confiscation of property.In the 80s, officials began to understand that it was almost impossible to eradicate moonshine, because it is one of the folk traditions. Criminal liability was replaced by significant administrative fines. After the collapse of the USSR, the state monopoly on the production and sale of alcoholic beverages disappeared, therefore, there was no need for fines for brewing moonshine.
The abolition of fines contributed to the development of moonshine.
Private traders face fines for selling moonshine in Russia
Moreover, the fines for the last offense (500-2000 rubles) are “too low and are not a deterrent,” the newspaper Rossiyskaya Gazeta notes. To date, the country has recorded an increase in the illegal trade in alcohol. Moonshine is sold in garages, porches and even from the windows of apartments on the ground floor.Moonshine is usually sold at night.
“This bill is aimed at protecting the rights and health of citizens, ensuring the safety of alcoholic beverages.
Russian President Vladimir Putin signed a law, according to which two new articles were added to the Criminal Code, establishing penalties for the illegal production and circulation of ethyl alcohol and alcoholic beverages, as well as illegal retail sale of alcoholic beverages.
The document, in particular, provides for the introduction of an article into the Criminal Code, according to which illegal retail sale of alcoholic beverages will be punished either by a fine of up to 80 thousand rubles. or correctional labor for up to one year.
Another article, newly introduced to the Criminal Code (Art.
171.3) distinguishes illegal production (storage, transportation, etc.) into a separate type of crime.
large quantities of ethyl alcohol and alcoholic beverages. Until now, those guilty of such crimes have been convicted under Art. 171 of the Criminal Code, however, when attracted under a new article, the amount of fines will increase several times.