Controversial issues of application of Art. 151.1 of the Criminal Code of the Russian Federation "Retail sale of alcoholic products to minors"

The Russian Federation is a social state whose policy is aimed at creating conditions that ensure a decent life and free development of a person, among which one of the priorities is the normal physical development and moral education of minors.

Thus, one of the goals of the Federal Law "On Basic Guarantees of the Rights of the Child in Russian Federation”is the protection of children from factors that negatively affect their physical, intellectual, mental, spiritual and moral development. Currently, there are a large number of such negative factors: this is the propaganda of violence in computer games, and the availability of tobacco and alcohol products for minors. The latter is a matter of serious concern.

Alcoholization of the population, especially young people, has reached a critical point, and the problem of combating alcohol at the present stage is one of the components of state policy. According to Rospotrebnadzor, in Russia, out of 10 million people aged 11 to 18, more than half regularly drink alcohol. One of the reasons for introducing minors to the use of alcohol is the free sale of alcoholic beverages to them by sellers who ignore the prohibitions established by law.

Studies show that the average age of those who abuse alcoholic beverages, mainly beer, has decreased from 14 to 11 years over the past ten years. According to the results of sociological surveys, the drinks that are most often bought by children aged 13 to 17 are alcoholic cocktails.

In order to strengthen the fight against child alcoholism, the Federal Law of July 21, 2011 No. 253-FZ introduced Art. 151.1, which provides for criminal liability for the retail sale of alcoholic products to minors. The introduction of this article was preceded by the adoption of the Concept for the implementation of state policy to reduce the scale of alcohol abuse and prevent alcoholism among the population of Russia, a number of provisions of which are aimed primarily at protecting minors from drunkenness and alcoholism, as well as at creating incentives for a healthy lifestyle. The main measures to implement this Concept are, first of all, to reduce the availability of alcoholic products, including beer, by introducing restrictions on its retail sale at a place and time; strengthening of administrative responsibility for violations in the field of production and circulation of alcoholic products, including regulatory restrictions on the retail sale of alcoholic products, beer and drinks produced on its basis, to persons under the age specified by law, as well as strengthening of criminal liability for repeated commission the said acts. According to this Concept, by 2020 alcohol consumption in Russia should be reduced from the current 18 to 5-8 liters per person per year.

The increase in the measures of responsibility for the sale of alcoholic products to minors also corresponds to the global trends in strengthening the fight against child alcoholism, counteracting the growth of alcoholism among minors. For example, the Global Strategy to Reduce the Harmful Use of Alcohol, endorsed by the 63rd World Health Assembly in May 2010, emphasizes “setting an appropriate minimum age for the purchase or consumption of alcoholic beverages and other policies to create barriers against the sale of alcoholic beverages. adolescents or their use by adolescents; preventing the sale of alcoholic beverages to persons under the influence of alcohol or under the legal age, and considering the introduction of liability mechanisms for sellers and service providers in accordance with national law.”

In many foreign countries, similar bans have long been established on the sale of alcoholic beverages to minors. Thus, in Estonia, a violation of this ban is punishable by imprisonment for up to one year, in Sweden - for up to 6 years.

The establishment of criminal liability for the retail sale of alcoholic products to minors in Russia is a necessary measure, although, according to some authors, it is somewhat belated.

Let's analyze the content of Art. 151.1 of the Criminal Code of the Russian Federation.

The object of the crime is social relations that ensure the normal spiritual and physical development of minors.

The subject of the crime is alcoholic products, which means food products that are produced with or without the use of ethyl alcohol produced from food raw materials, and (or) alcohol-containing food products, with an ethyl alcohol content of more than 0.5 percent of the volume of finished products, with the exception of food products in accordance with the list established by the Government of the Russian Federation. Alcoholic products are divided into such types as spirits (including vodka), wine, fruit wine, liqueur wine, sparkling wine (champagne), wine drinks, beer and beer-based drinks, cider, poiret, mead (under 7 article 2 of the Federal Law of November 22, 1995 No. 171-FZ “On State Regulation of the Production and Turnover of Ethyl Alcohol, Alcoholic and Alcohol-Containing Products and on Limiting the Consumption (Drinking) of Alcoholic Products”).

The objective side is expressed in the retail sale of alcoholic products to minors. The retail sale of alcoholic products should be understood as the sale of alcoholic products by legal entities, regardless of their organizational and legal forms and form of ownership, individual entrepreneurs, individuals who are in labor relations with these organizations and individual entrepreneurs and directly sell alcoholic products to buyers under contracts retail sale. For the presence of this corpus delicti, it is necessary that the act was committed repeatedly, i.e. more than two times, provided that the seller was brought to administrative responsibility for the first sale.

The corpus delicti is formal, it is recognized as completed from the moment of re-sale of alcoholic products to minors, if this happened within 180 days from the date of bringing to administrative responsibility for the first sale. Thus, the corpus delicti presupposes an administrative prejudice.

A one-time sale of this product or its sale after the expiration of the specified period entails administrative liability under Art. 14.16 of the Code of Administrative Offenses of the Russian Federation (hereinafter referred to as the Code of Administrative Offenses of the Russian Federation).

The subjective side is characterized by direct intent. The person is aware that he repeatedly sells alcoholic products to a minor and wishes to perform these actions.

The subject of the crime is special - a person engaged in the retail sale of alcoholic products. In accordance with paragraph 2 of Art. 16 of the Federal Law “On State Regulation of the Production and Turnover of Ethyl Alcohol, Alcoholic and Alcohol-Containing Products and on Restricting the Consumption (Drinking) of Alcoholic Products”, he is an individual who directly sells alcoholic products to a minor (seller).

At first glance, the disposition of Art. 151.1 of the Criminal Code of the Russian Federation is quite simple and specific, but there are a number of issues related to its implementation. Let's pay attention to some of them and try to express our position on them.

First, why is liability limited to retail sales? In the wholesale sale of alcoholic products, there is no corpus delicti in the actions of the seller. In our opinion, the objective side of the considered corpus delicti should not be limited to “retail” sale, therefore, this feature should be excluded from the disposition.

Secondly, there are disagreements between the provisions of the criminal and administrative laws. The elements of the crime under Art. 151.1 of the Criminal Code of the Russian Federation is recognized as completed from the moment of re-sale of alcoholic products to minors, if this happened within 180 days from the date of bringing to administrative responsibility for the first sale. According to the Code of Administrative Offenses of the Russian Federation, this period is one year from the date of completion of the execution of the decision to impose an administrative penalty. We believe that in the note to the article under consideration, it is necessary to indicate the period “within one year”. These changes will eliminate the differences between the criminal and administrative laws. Also on this issue, one should agree with V. O. Sytnikov, who notes that the establishment of a period of six months can be considered as a decrease in the repressiveness of this criminal norm, which does not correspond to the degree of public danger of the act in question.

Such a loyal attitude of the legislator to the subject of the crime in question cannot be justified when we are talking about crimes against minors. A completely rigid, principled approach is needed when choosing means and methods of struggle. The very fact of introducing Art. 151.1 says that in Russia there is a need to counter the alcoholization of young people, including by criminal law means, and for a long time. Federal Law No. 529-FZ of December 31, 2014 “On Amending Article 151.1 of the Criminal Code of the Russian Federation”, which tightened the sanction, only confirms what has been said.

For the commission of an offense under paragraph 2.1 of Art. 14.16 of the Code of Administrative Offenses of the Russian Federation, an administrative fine in the amount of thirty thousand to fifty thousand rubles is imposed on citizens. In the sanction of Art. 151.1 of the Criminal Code of the Russian Federation, the lower limit of the amount of the fine was not specified. In accordance with Part 2 of Art. 46 of the Criminal Code of the Russian Federation, a fine is established in the amount of five thousand rubles. Consequently, the minimum fine for this act was five thousand rubles. The courts imposed punishment within the minimum, which does not correspond to the lower limit of the administrative fine. Let's give some examples.

By the verdict of the magistrate of the 237th judicial district of the Serpukhov judicial district of the Moscow region of the Russian Federation, the defendant A. was found guilty of committing a crime under Art. 151.1 of the Criminal Code of the Russian Federation and she was sentenced to a fine in the amount of eight thousand rubles.

By the verdict of the justice of the peace of court district No. 20 of the Vyborgsky district of the Leningrad region, the defendant A. was found guilty of committing a crime under Art. 151.1 of the Criminal Code of the Russian Federation. A fine of ten thousand rubles was imposed.

By the verdict of the magistrate of the 80th judicial district of the Kolomna judicial district of the Moscow region of the Russian Federation, the defendant K. was found guilty of committing a crime under Art. 151.1 of the Criminal Code of the Russian Federation and was sentenced to a fine of five thousand rubles.

The mentioned Federal Law increased the lower limit of the fine to fifty thousand rubles, than a more differentiated approach was implemented, which was previously proposed by the researchers.

Scientists, practitioners, and various experts in this field are leaning towards tightening. The effectiveness of restricting the sale of alcohol to minors is noted by the head of the Sober Russia project Sultan Khamzaev: “We organized raids. And if in previous years alcohol was sold to minors in 10 out of 10 Moscow stores, then in 2014 it was already 6 stores out of 10. This suggests that harsh criminal penalties will work effectively in achieving preventive goals.

Moreover, there are proposals to introduce a ban on the sale of alcohol to persons under the age of 21. Physicians only welcome such restrictions. In their opinion, the later a person gets acquainted with alcohol and tobacco, the better for him and those around him.

It should be noted that there is also an opposite opinion. Vadim Drobiz, director of the Center for Research on Federal and Regional Alcohol Markets: “This proposal makes neither sense nor logic - zero efficiency. If we don’t have the ability to force vendors not to sell alcohol until they are 18, then there is zero chance that this will not be done until they are 21.” Let us note that this opinion does not refute the benefits, but only notes that the norms that ensure the implementation of the established prohibitions are not sufficiently developed.

The recommendations made in this article on changing the criminal law are aimed at overcoming the existing difficulties in the criminal law assessment of the circumstances that differentiate criminal liability for the retail sale of alcoholic products to minors, although they are not indisputable. It was rightly noted by Ch. Sh. Kupirova that the establishment of criminal liability for the sale of alcoholic products to minors is only a link in the system of measures aimed at combating alcoholism and the subsequent degradation of minors. Let's add only that the link is important, having its shortcomings and requiring further improvement.

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In this article, the authors made an attempt to systematize the process of conducting an inquiry on crimes under Art. 151.1 of the Criminal Code of the Russian Federation at the stage of initiating a criminal case. The problematic aspects of the activities of law enforcement agencies in the framework of collecting evidence and conducting pre-investigation checks in this category of cases are identified. At the same time, the authors proposed ways to resolve disputes, determined the list of documents required for collection as part of the audit, highlighted the main issues that need to be paid attention to when organizing interaction between departments of internal affairs bodies and between internal affairs bodies and public organizations.

trading activity

criminal liability

retail sale of alcoholic products to minors

alcoholic products

minors

repetition

1. Baturin V.Yu. Some issues of improving the organizational and legal interaction between the operational-investigative and investigative bodies at the stage of initiating a criminal case // Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. Issue 3 (30) 2014: scientific and methodological journal. - Volgograd: VA Ministry of Internal Affairs of Russia, 2014. - 188 p. pp. 73–76.

2. Data provided from the Archive of the Gorodishchensky District Court of the Volgograd Region, 2014.

3. Data provided from the Archive of the Oktyabrsky District Court of the Volgograd Region, 2014.

4. On operational-search activity: Feder. Law No. 144-FZ of August 12, 1995 // Collection of Legislation of the Russian Federation, August 14, 1995, No. 33, art. 3349

5. Overview of the GUOOP of the Ministry of Internal Affairs of Russia for 2014

6. The Code of Criminal Procedure of the Russian Federation: Code of December 18, 2001 No. 174-FZ // Collection of Legislation of the Russian Federation, December 24, 2001, No. 52 (part I), art. 4921

7. Ignatov A.V., Kazakov E.N. Improving the organizational and legal issues of interaction between the operational-search and investigative bodies at the stage of initiating a criminal case // Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. Issue 4 (15) 2010: scientific and methodological journal. - Volgograd: VA Ministry of Internal Affairs of Russia, 2010 - 196 p. pp. 73–76.

The initiation of a criminal case is the initial stage of criminal proceedings. The stage of criminal initiation includes three conditional stages:

1) obtaining information about the committed crime;

2) verification of this information;

3) issuance of a decision to initiate a criminal case or to refuse to initiate it.

Thus, the procedural document that determines the content of the stage of initiating a criminal case is the decision of the body of inquiry, the investigator to initiate a criminal case or to refuse to initiate it.

Investigation of crimes under Art. 151.1 of the Criminal Code of the Russian Federation, falls within the competence of the bodies of inquiry in accordance with paragraph 1 of part 3 of Art. 150 Code of Criminal Procedure of the Russian Federation.

Turning to the question of the reasons for initiating a criminal case, it should be noted that the reason for initiating a criminal case is the presence of information provided for by the Code of Criminal Procedure, from the content of which the body of inquiry, the investigator becomes aware of a crime being prepared, committed or committed. An exhaustive list of reasons for initiating a criminal case is given in Part 1 of Art. 140 Code of Criminal Procedure of the Russian Federation.

In relation to the corpus delicti we are studying, the most common reasons for initiating a criminal case are:

1) a report by a police officer (mainly employees of departments for juvenile affairs) on the discovery of signs of a crime (i.e., on the discovery of the fact that alcohol was sold to a minor).

The report of a police officer is actually the most common reason for initiating criminal cases in this category. Work on the collection of pre-investigation inspection materials is mainly carried out by services and divisions of the territorial internal affairs bodies that carry out the functions of protecting public order.

Thus, a survey conducted during the preparation of the article by employees of the bodies of inquiry of the Volgograd Region showed that 75% of the crimes of this category were detected by employees of the departments for juvenile affairs, 15% - by employees of departments for the implementation of administrative legislation, 10% - by employees of the service of district police officers (generalized survey data employees of the inquiry units of the territorial bodies of internal affairs of the Volgograd region).

Identification of crimes often occurs during the inspection of places of retail trade in food products, including alcoholic products, or the implementation of organized raids to verify the implementation of the current administrative legislation in terms of organizing and conducting trading activities;

2) a statement about a crime. Applications can be submitted both by parents of teenagers who bought alcoholic products, and by citizens who witnessed the sale of such products to a minor .

Turning to law enforcement practice, the following example should be given: the duty unit of the Department of the Ministry of Internal Affairs of Russia for the Gorodishchensky District received a statement from c. Filatova A.N. that on February 17, 2012, in the food store of IP Gordeev, LLC Demand NT, located at the address: Gorodishchensky district, r.p. Settlement, st. Democratic d. 35a, his minor son Filatov V.A., born on March 14, 1994, was sold a bottle of Good Rye vodka.

It is necessary to pay attention to the fact that cases of filing such applications in law enforcement practice are quite rare, since the facts of drinking and purchasing alcohol by minors are most often not made public by their parents.

Speaking about bringing negligent sellers to criminal responsibility, it is not enough to highlight only the reasons for initiating a criminal case. As follows from part 2 of Art. 140 of the Code of Criminal Procedure of the Russian Federation, "the basis for initiating a criminal case is the availability of sufficient data indicating the signs of a crime" . In the case presented in the article, the basis for initiating a criminal case under Art. 151.1 of the Criminal Code of the Russian Federation is the identification of the repeated fact of commission by the same person within 180 days of an administrative offense under Part 2.1 of Art. 14.16 of the Code of Administrative Offenses of the Russian Federation (retail sale of alcoholic products to a minor), if this action does not contain a criminally punishable act.

The application of criminal law measures is closely related to the application of administrative law, therefore, in order to initiate a criminal case, a number of conditions must be present, such as:

1) the administrative protocol has been reviewed by the administrative commission and the court;

2) the decision on it has entered into force;

3) no more than 180 days have passed since the entry into force of the decision.

The data on the suppression of administrative offenses of this category mirror the statistics of detection of the specified corpus delicti: the largest number of these offenses were initiatively detected by employees of the juvenile affairs departments (63%), administrative law enforcement departments (24%) and district police officers (13%).

Summarizing the above, let us turn to the question of the most typical situations in which crimes of this category are detected:

1) when patrolling by employees of the internal affairs bodies of the most likely places for the purchase of alcoholic beverages by minors, both in the course of daily official activities, and as part of their service to ensure the protection of public order during mass events, in the course of organized complex raids by employees of departments of internal affairs bodies ;

2) in the course of the implementation of information received by employees of departments for juvenile affairs from district police officers and employees of departments for combating offenses in the field of the consumer market and the enforcement of administrative legislation;

3) as a result of conversations between employees of departments for juvenile affairs with juvenile offenders;

4) in situations where an internal affairs officer has witnessed the sale of alcoholic beverages to a minor;

5) as a result of receipt of applications from parents or citizens who witnessed the sale of alcoholic products to a minor;

Studying the problems of identifying crimes under Art. 151.1 of the Criminal Code of the Russian Federation, it should be noted that with today's highest workload, lack of time and in the light of the requirements of various regulations calling for priority in the work of certain categories of crimes, employees of the internal affairs bodies often reveal the facts of a crime under Art. 151.1 of the Criminal Code of the Russian Federation, only in cases where there is reliable information about the repeated sale of alcoholic products by the seller to minors. This circumstance negatively affects the result of detecting this category of crimes, is the reason for their inadequate prevention and a decrease in the effectiveness of work on crimes in this category as a whole.

An analysis of the practice of interaction between public order services and the criminal police, unfortunately, confirms the fact that police officers are more focused on preventing, detecting, suppressing and solving crimes of a greater severity than the composition described in this article.

As already noted, the task of collecting the materials of the pre-investigation check falls mainly on the employees of the departments for juvenile affairs. The interaction of employees of the inquiry units with other services of the internal affairs bodies is not organized at the proper level.

A serious problem in the field of detecting crimes of the category under study is the improper documentation of these crimes. In accordance with the requirements of the Federal Law of August 12, 1995 No. 144-FZ “On Operative-Search Activities”, the involvement of minors in the conduct of operational-search activities is prohibited. As a result, the involvement of minors by PDN employees in conducting a test purchase is often regarded by the courts as a “provocation” and a violation of the current legislation, and evidence obtained in this way is recognized as inadmissible. Nevertheless, in some regions of the country, courts, taking into account the specifics of the crime in question, if it is agreed with the supervisory authorities and the court, consider the participation of a minor in a test purchase permissible.

For example, in the police department of the r.p. Oktyabrsky, Volgograd region, information was received that the seller K., being at his workplace in the trade pavilion "IP Minasyan A.V.", located on the street. Centralnaya, d. 10 R. p. Oktyabrsky, repeatedly sold alcoholic products to a certain circle of minors. When talking with these teenagers, this information was fully confirmed. In agreement with the prosecutor's office and the court, it was decided to involve minors in the purchase of alcoholic products.

Highlighting the problems that arise in the identification and investigation of crimes under Art. 151.1 of the Criminal Code of the Russian Federation, one cannot fail to note the extremely low level of interaction with public organizations. At the same time, in some regions of the country, representative offices of such a growing public organization as the Young Guard are functioning very successfully. The main goals of this organization are to promote the formation of youth culture; raising the educational, intellectual and professional level of young people; propaganda healthy lifestyle life, education and work.

In solving its tasks, the Young Guard closely cooperates with the territorial internal affairs bodies, not bypassing the problem of selling alcoholic products to minors. This practice has become widespread in the Krasnoyarsk Territory, Vladimir and Saratov Regions, where members of the Young Guard, as a public organization, inform the internal affairs authorities about all the facts known to them of the sale of alcoholic beverages to minors. The territorial bodies of the Ministry of Internal Affairs of Russia conduct checks on each such message.

Another important problem is the fact that the person who collects material to initiate a criminal case needs to provide evidence of the seller’s relationship to the outlet where the sale of alcoholic products to a minor was directly carried out. An employment contract must be concluded with a retailer in a particular outlet, an entry must be made in the work book, or there must be direct evidence of an employment relationship. Such evidence can be tax deductions made by a tax agent, deductions of insurance premiums to state non-budgetary funds (Social Insurance Fund, Pension Fund, etc.) carried out within the framework of labor relations. If there is an agreement on full liability, it must also be attached to the materials of the pre-investigation check.

In the event that labor relations between an individual entrepreneur and a seller of products have actually developed, but have not received legal formalization, there is also a real possibility of bringing the latter to criminal liability. In this case, it is necessary to document the moment of actual fulfillment by this person of the obligations of the seller, namely: his presence at the workplace in special clothes; issuance of cashier's checks to them; the presence of his signature in the invoices on receipt of the goods; written confirmation of the fact that this seller conducts a trading process by the owner of the trading premises; photo, video recording of the conduct of the trading process by this seller.

The key point in deciding whether to initiate a criminal case is the presence of a repeated fact of the sale of alcohol by a particular person to a minor, i.e. this seller (the same person) must be brought earlier to administrative responsibility for committing such an offense.

Administrative responsibility is brought not only to an individual (seller), but also to the owner of the outlet, on the territory of which the fact of illegal actions for the sale of alcoholic products to a minor was revealed.

One of the problems in the field of detection of crimes under Art. 151.1 of the Criminal Code of the Russian Federation are changes in the current legislation in the field of retail organization. In particular, kiosks, pavilions and other commercial premises, which were often the most common places for the sale of alcohol to teenagers, are subject to closure and liquidation. In this regard, retail trade is at the mercy of large super-, hypermarkets and other chain stores, where the sale of alcohol to teenagers is fraught with a number of obstacles: a large number of witnesses, video recording of the trading process, significant administrative sanctions for legal entities. Separately, it is worth noting the fact that the owner of the store, as a rule, dismisses the seller who committed such an offense. Thus, the probability of repeated bringing of the same seller to administrative, and in the future - to criminal liability is significantly reduced.

Summing up, let's turn to the question of what materials and documents need to be collected in the process of conducting a pre-investigation check:

1) a report of a police officer on the discovery of signs of a crime (if a crime is detected by a police officer). The report must contain a brief plot of all committed facts of the sale of alcoholic products to a minor, both the first and repeated ones;

2) a statement about the crime of parents, citizens who were accidental witnesses of the fact of the sale of alcoholic products to a minor, etc. (in the event that the said persons reported the fact of the purchase of alcohol);

3) materials of administrative proceedings (a protocol on an administrative offense containing an explanation of an individual about the reasons for committing a crime, as well as a court decision on this fact);

4) explanation of the seller;

5) explanation of the owner of the outlet;

6) explanation of the minor buyer (purchaser);

7) explanations of visitors to the point of sale (witnesses to the fact of sale).

The specified explanations are different for the subjects, but must carry the same semantic and legal load, each of them must necessarily reflect the fact that the seller sold alcoholic products to a minor, and the seller’s explanation must necessarily indicate that he, as a person carrying out trade, understood and realized that the sale of alcoholic products is made to a person under the age of 18, and in the presence of doubts at whose age this fact was not verified by anything;

8) documents identifying the seller and the buyer;

9) an act of seizure of alcoholic products;

10) an act of a test purchase, which records the fact of the sale of alcoholic products to a minor (if the conduct of the test purchase is agreed with the prosecutor's office and the court).

The study found that in most cases this document is attached to the case file.

11) the protocol of inspection of the scene;

12) an employment contract (certifies the fact that the seller “belongs” to the point of sale where the sale of alcoholic products to an underage buyer was directly carried out);

13) an agreement on the full liability of the seller;

14) an extract from the Unified State Register of Individual Entrepreneurs;

15) certificate of state registration of an individual as an individual entrepreneur;

16) certificate of registration with the tax authority of an individual at the place of residence in the territory of the Russian Federation;

17) a lease agreement for non-residential premises (if the outlet is located on a leased area);

18) cash receipts, sales receipts, price tags for alcoholic products;

19) certificate or license for the right to engage in retail trade;

20) video recording of a surveillance camera installed in a trade organization (if any).

This list of documents is not exhaustive and can be supplemented depending on the nature of the trading process and the requirements imposed by the prosecutor's office and the court on the quality of the collected material in a particular region.

Reviewers:

Shmatov M.A., Doctor of Law, Professor, Professor of the Department of Criminal Procedure of the Educational and Scientific Complex for Preliminary Investigation in the Internal Affairs Bodies of the Volgograd Academy of the Ministry of Internal Affairs of Russia, Volgograd;

Anisimov P.V., Doctor of Law, Professor, Head of the Department of Theory and History of State and Law, Volgograd Institute of Business, Volgograd.

Bibliographic link

Domovets S.S., Zhemchuzhnikov A.A. FEATURES OF INITIATING CRIMINAL CASES FOR CRIMES UNDER ART. 151.1 of the Criminal Code of the Russian Federation "RETAIL SALE OF ALCOHOL PRODUCTS TO MINORS" // Contemporary Issues science and education. - 2015. - No. 2-1 .;
URL: http://science-education.ru/ru/article/view?id=21077 (date of access: 02/01/2020). We bring to your attention the journals published by the publishing house "Academy of Natural History"

If this deed has been committed repeatedly, - three years or less. Note. Retail sale of alcoholic products to a minor committed by a person repeatedly is recognized as retail sale of alcoholic products to a minor if this person was previously brought to administrative responsibility for a similar act within one hundred and eighty days.

Legal advice under Art. 151.1 of the Criminal Code of the Russian Federation

Diana Denisova

sale of alcoholic products to minors

Leonid Osminin

What is the fine for a legal entity for selling alcoholic beverages to minors?

• Lawyer's response:

• Elena Davydova

  What is the name of the bill to ban the sale of alcoholic beverages to minors?

  • Federal Law No. 171-FZ of November 22, 1995 On state regulation of the production and circulation of ethyl alcohol, alcoholic and alcohol-containing products, Federal Law No. 11-FZ of March 7, 2005 On restrictions on retail sales and ...

Alexander Dostavalov

what threatens the seller to the cashier who sold alcohol to a minor? And also the shop? what is the amount of the fine?

• Lawyer's response:

  4. Violation of restrictions on the retail sale of beer and drinks made on its basis - entails the imposition of an administrative fine on officials in the amount of two thousand to three thousand rubles with or without confiscation of beer and drinks made on its basis; for legal entities - from twenty thousand to thirty thousand rubles with or without confiscation of beer and drinks produced on its basis.

Antonina Sokolova

How old can you legally buy alcohol in Russia?

• article 16, paragraph 2, FZ-171 dated 11/22/1995 (as amended by the Federal Law of July 21, 2011 N 253-FZ - Collection of Legislation of the Russian Federation, 2011, N 30, art. 4601) Retail sale of alcoholic products is not allowed .. .underage...

Diana Bolshakova

At what age is the sale of alcohol allowed? Some bars and nightclubs are allowed from the age of 18, and some from the age of 21. I was puzzled by this question, and began to look for the law. Nothing but "age" (and it's 18), did not find. Only stories about the mythical law that drinks over 40 ° are allowed to be sold from the age of 21 (I did not find the law itself). So at what age is alcohol allowed? PS I can already do everything) I'm interested for informational purposes

• Lawyer's response:

  THERE IS NO LAW banning the sale of alcohol under the age of 21, so far ONLY conversations, the conditions for the retail sale of alcoholic beverages are established by the federal law of November 22, 2005 No. ) . According to paragraph 2 of Art. 16 of the Law does not allow the retail sale of alcoholic products to minors. Minors in the Russian Federation are persons under the age of 18 years. BUT note - even HERE now there will be sectarians from a sect of 21 years old who have seen enough of the American kin and think that in Russia it’s the same

Pavel Falin

They didn’t sell a lighter in a stall, saying that they weren’t 18 years old (I’m 16) Is the seller right? Can I sue for arbitrariness?

• Lawyer's response:

  In accordance with paragraph 2 of Article 492 of the Civil Code of the Russian Federation, a retail sale and purchase agreement is a public agreement. According to the requirements of paragraph two of clause 1 and clause 3 of article 426 of the Civil Code of the Russian Federation, a commercial organization is not entitled to give preference to one person over another in relation to the conclusion of a public contract, except as provided by law and other legal acts; the refusal of a commercial organization to conclude a public contract, if it is possible to provide the consumer with the relevant goods, services, perform the relevant work for him, is not allowed. The federal law establishes requirements to prevent the retail sale of alcohol and tobacco products to minors; These requirements do not apply to lighters. The purchase of lighters refers to small household transactions that can legally be made from the age of 6 (clause 1, clause 2, article 28 of the Civil Code of the Russian Federation). Theoretically, you can go to court to force a trading organization to conclude a public contract for the sale of this product with you, but in this situation, the easiest and cheapest way is to find a normal store and buy this thing there ZY. In Belarus, for example, there are requirements for matches and lighters - sale from 15 years

Vera Markova

Is the retail sale of alcoholic products to a minor the involvement of a minor under Part 1 of Article 151 of the Criminal Code?

• Lawyer's response:

  No, the responsibility for committing such an offense is provided for by the Code of Administrative Offenses. Article 14.16. , as well as beer and drinks made on its basis 3. Violation of other rules for the retail sale of alcoholic and alcohol-containing products - shall entail the imposition of an administrative fine on officials in the amount of three thousand to four thousand rubles with or without confiscation of alcohol and alcohol-containing products; for legal entities - from thirty thousand to forty thousand rubles with or without confiscation of alcoholic and alcohol-containing products. Disposition Art. 151. 1. Involving a minor in the systematic use of alcoholic beverages, intoxicating substances, in vagrancy or begging committed by a person who has reached the age of eighteen - A SINGLE SALE OF ALCOHOLIC PRODUCTS DOES NOT INCLUDE ITS SYSTEMATIC USE, IF THERE IS A PAIR OF PROTOCOLS UNDER 14.16 ON OD NOMU TO THE SELLER WITH RESPECT TO ONE BUYER THEN IMHO YOU CAN THINK

Christina Pavlova

Tell me about the sale of alcohol

• In accordance with Art. 16 FZ "ON STATE REGULATION OF PRODUCTION AND TRAFFIC OF ETHYL ALCOHOL, ALCOHOLIC AND ALCOHOL-CONTAINING PRODUCTS" dated 11/22/1995 N 171-FZ with amend. , introduced by the Resolution of the Constitutional Court of the Russian Federation of November 12, 2003 ...

Sergei Chebotov

There was such a situation, my friend borrowed alcohol and cigarettes from an illegal store, and left his passport as a pledge. There was such a situation, my friend borrowed alcohol and cigarettes from an illegal store, and left his passport as a pledge, it was about 3 weeks ago. Today I went there to buy cigarettes, and his debt was deducted from my money, and he is not going to return it. Can a salesperson do this? If not, what can be done??

• Lawyer's response:

  Art. 163 extortion.... Report the girl to the police.... better yet, call a lawyer you know as a witness so that you can beat her properly. by deprivation of liberty for a term of up to four years, with or without a fine in the amount of up to eighty thousand rubles or in the amount of the wage or other income of the convicted person for a period of up to six months. Article 151.1. Retail sale of alcoholic products to minors Retail sale of alcoholic products to minors, if this act has been committed repeatedly, - the right to hold certain positions or engage in certain activities for up to three years or without it.

Yuri Budnikov

Selling beer to a minor. What is the punishment?

• Lawyer's response:

  Outdated data. 2.1. Retail sale of alcoholic products to a minor, if this action does not contain a criminally punishable act, - shall entail the imposition of an administrative fine on citizens in the amount of thirty thousand to fifty thousand rubles; on officials - from one hundred thousand to two hundred thousand rubles; for legal entities - from three hundred thousand to five hundred thousand

Anna Fedotova

Laws of the Russian Federation. Can all alcoholic beverages be purchased by persons over the age of 18?

• Lawyer's response:

  All. in accordance with paragraph 2 of Art. 16 of the Federal Law of November 22, 1995 N 171-FZ (as amended on December 30, 2012) "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", retail sale of alcoholic products is not allowed minors, and the age of majority in the Russian Federation comes from the age of 18

Julia Konovalova

Since when has strong alcohol been sold in Russia?

• All troubles from ignorance of the laws))))) In accordance with Art. 16 FZ "ON STATE REGULATION OF THE PRODUCTION AND TRAFFIC OF ETHYL ALCOHOL, ALCOHOLIC AND ALCOHOL-CONTAINING PRODUCTS" dated 11/22/1995 N 171-FZ as amended by the Decree ...

Anatoly Volovikov

how old are jack daniels for sale

• The law of the Russian Federation restricts the sale of alcoholic products only to persons under the age of 18. According to paragraph 2 of Art. 16 of the Federal Law of November 22, 1995 N 171-FZ "On state regulation of the production and circulation of ethyl alcohol ...

Gennady Shavrukov

co. how much do they sell alcohol

Sergey Sivets

How old is it to buy strong alcoholic drinks? From 21 or all the same from 18? (If you can link to the article)

• Lawyer's response:

  How old is the sale of alcoholic beverages by law in the Russian Federation? In what document and where is it written? Paragraph 2 of Article 16 of the Federal Law of November 22, 1995 N 171-FZ "On State Regulation of the Production and Turnover of Ethyl Alcohol, Alcoholic and Alcohol-Containing Products" (as amended on December 30, 2008) prohibits the retail sale of alcoholic products to minors. Consequently, the retail sale of such products is allowed in the Russian Federation from the age of 18.

Dmitry Levkovich

Where is the law on the sale of alcohol with age and a degree limit ???. I would like to understand where it is written that people under 21 do not sell above 15 degrees, etc. And then recently people began to believe that they had already adopted a law banning the sale of alcohol from 21, although it is only under consideration, as I understand it. I've always wanted to read the regulation that states this. As of now, March 2013.

• Lawyer's response:

  THERE IS NO LAW banning the sale of alcohol under the age of 21, so far ONLY conversations, the conditions for the retail sale of alcoholic beverages are established by the federal law of November 22, 2005 No. ) . According to paragraph 2 of Art. 16 of the Law does not allow the retail sale of alcoholic products to minors. Minors in the Russian Federation are persons under the age of 18 years.

Svetlana Kudryavtseva

At what age can you buy alcoholic beverages from 18 or from 21?

• There is no law specifying an age of 21 for the sale of alcoholic beverages. According to paragraph 2 of Art. 16 of the Federal Law "On state regulation of the production and circulation of ethyl alcohol, alcoholic and alcohol-containing products and on limiting ...

Anton Parshukov

Does the juvenile inspector have the right to draw up a protocol. Does the juvenile affairs inspector have the right to draw up a protocol on an administrative offense against a seller who sold cigarettes and beer to a minor?

• Lawyer's response:

  Son of the Father, here also Article 14.16. Violation of the rules for the sale of ethyl alcohol, alcoholic and alcohol-containing products, as well as beer and drinks made on its basis, part 2.1. Retail sale of alcoholic products to a minor, if this action does not contain a criminally punishable act, - shall entail the imposition of an administrative fine on citizens in the amount of thirty thousand to fifty thousand rubles; on officials - from one hundred thousand to two hundred thousand rubles; for legal entities - from three hundred thousand to five hundred thousand roubles. and possibly with Art 151.1. Criminal Code of the Russian Federation: Article 151.1. Retail sale of alcoholic products to minors Retail sale of alcoholic products to minors, if this act has been committed repeatedly, - the right to hold certain positions or engage in certain activities for up to three years or without it. Note. Retail sale of alcoholic products to a minor committed by a person repeatedly is recognized as retail sale of alcoholic products to a minor if this person was previously brought to administrative responsibility for a similar act within one hundred and eighty days.

Evgeny Lisytsin

under what article is the soldering of a youth (obviously under the age of 16) that entailed death. under what article is the soldering of a youth (obviously under 16 years old), which resulted in death from alcohol overuse, in the absence of the drinker. Or is it an accident?

• Lawyer's response:

  Article 151. Involving a Minor in Committing Antisocial Actions from one to two years, or by arrest for a term of three to six months, or by deprivation of liberty for a term of up to four years. 2. The same act committed by a parent, teacher or other person who is charged by law with the responsibility of raising a minor, is punishable by restraint of liberty for a term of two to four years, or by arrest for a term of four to six months, or by deprivation of liberty for a term of up to five years with deprivation of the right to hold certain positions or engage in certain activities for up to three years or without it. Article 151.1. Retail sale of alcoholic products to minors is punishable by a fine in the amount of up to 80 thousand rubles or in the amount of the wage or salary, or any other income of the convicted person for a period of up to six months, or by corrective labor for a term of up to one year, with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years. or without it.

Julia Baranova

what's up with the new alcohol law? at what age can you buy 08.09.2013

• so far so far!!! The law of the Russian Federation restricts the sale of alcoholic products only to persons under the age of 18. According to paragraph 2 of Art. 16 of the Federal Law of November 22, 1995 N 171-FZ "On state regulation of production and turnover ...

Alexey Molostov

Selling alcohol to 18 year olds. I am 18 years old (soon to be 19). Recently, my girlfriend (my age) and I went to a store to buy beer. But they didn’t sell it to us, saying that the sale of alcoholic products is allowed only from the age of 21. Is it true? ? I haven't found any new laws in this regard.

• Lawyer's response:

  Complete nonsense! Although he himself once encountered this) The legislator gives the right to the subjects of the Russian Federation to limit the time for the sale of alcoholic beverages (for example: until 23 00 or until 21 00), but does not give the right to limit the age. The age is one and is 18 years. So you can safely send them nah, and if you want, then go to court because this institution violates consumer rights) In general, there is a bill to raise the age to 21, but it has not been adopted by anyone (and is unlikely to be adopted, because it would be contrary to the Constitution), but we live under the current legislation, so there are 18? go for beer) No. 171-FZ "On state regulation of the production and circulation of ethyl alcohol, alcoholic and alcohol-containing products" (hereinafter - the Law). According to paragraph 2 of Art. 16 of the Law does not allow the retail sale of alcoholic products to minors. Minors in the Russian Federation are persons under the age of 18 years.

Diana Panina

please tell me the number of the article prohibiting the sale of alcoholic beverages to children

Gennady Tormozov

What alcoholic products are sold from the age of 18, and which from the age of 21? For the holiday they asked me to buy liquor.. I'm 20

• I am surprised by the answers of some users who divide age criteria into degrees, while none of them indicated a link to the law where it is written. In accordance with Art. 16 FZ "ON STATE REGULATION OF PRODUCTION AND TURNOVER ...

Marina Timofeeva

How old do they sell vodka from 18 or 21?

• The law of the Russian Federation restricts the sale of alcoholic products only to persons under the age of 18. According to paragraph 2 of Art. 16 of the Federal Law of November 22, 1995 N 171-FZ "On state regulation of the production and circulation of ethyl alcohol ...

Nikita Svetlyakov

Vendors, so how long is the ban on the sale of alcohol?

• Lawyer's response:

  Retail sale of alcohol, tobacco products and beer to persons under 18 years of age is not allowed. The conditions for the retail sale of alcoholic beverages are established by federal law No. 171-FZ of November 22, 2005 “On state regulation of the production and circulation of ethyl alcohol, alcoholic and alcohol-containing products” . According to paragraph 2 of Art. 16 of the Law does not allow the retail sale of alcoholic products to minors. Minors in the Russian Federation are persons under the age of 18 years. In the capital, from 10 pm to 10 am, it is useless to look in stores for anything stronger than 15 degrees - that is, beer, cocktails, wine or champagne.

Ludmila Pavlova

where to write a statement to the inspector of pdn? Or the prosecutor? I want to write a statement but I don’t know to whom. They say that kiosks sell alcohol and tobacco products, well, proof is needed. When will I collect them, where should I apply and in what form? (sample statement)

• Lawyer's response:

  As a father of four children, and as a socially responsible person, I express full agreement with this social position. My answer is the following. Federal Law No. 171-FZ of November 22, 1995 “On State Regulation of the Production and Turnover of Ethyl Alcohol, Alcoholic Products and Alcohol-Containing Products and on Limiting the Consumption (Drinking) of Alcoholic Products” establishes a ban on the retail sale of alcoholic products to minors (in fact, everywhere, see article 16 of this Law). Each ban must be secured, otherwise it makes no sense (for example, everyone remembers the prohibition of smoking while driving - the ban is actually empty, because it is not secured). In particular, liability for the retail sale of alcoholic products to minors is provided for in Art. 151.1 of the Criminal Code of the Russian Federation. This article provides for punishment in the form of a fine in the amount of up to 80,000 rubles or in the amount of the wage or other income of the convicted person for a period of up to 6 months, or correctional labor for up to one year with deprivation of the right to hold certain positions or engage in certain activities for up to three years. years or not. However, it has a constituent feature: “if this act is committed more than once” (for 180 days). That is, in order to be held liable under this article of the Criminal Code of the Russian Federation, this sign must be present: “repeatedly” - that is, two or more times. A note to this article of the Criminal Code of the Russian Federation establishes that the retail sale of alcoholic products to a minor, committed by a person repeatedly, is recognized as the retail sale of alcoholic products to a minor if this person was previously brought to administrative responsibility for a similar act within one hundred and eighty days. Administrative responsibility for a one-time retail sale of alcoholic products to a minor is established by Art. 14.16 h. 2.1 of the Code of Administrative Offenses of the Russian Federation. The sanction of this article entails the imposition of an administrative fine on citizens in the amount of three thousand to five thousand rubles; for officials - from ten thousand to twenty thousand rubles; for legal entities - from eighty thousand to one hundred thousand rubles. We see that the legislation on retail sale and purchase includes the norms of both private and public law, including the rights of minors. All law-enforcement bodies of the Russian Federation have a set of jurisdictional powers on this issue: the Ministry of Internal Affairs (police), the prosecutor's office, the court, the KDN, guardianship and guardianship authorities, Councils / Committees, etc. n. (sometimes called differently) on the rights of children under local administrations (exception: all of the latter do not have the right to apply appropriate sanctions). Therefore, in order to express your social position, you can apply anywhere: to any law enforcement and / or law enforcement agencies. In my opinion, when establishing such facts, it is necessary to turn like an avalanche, according to the principle: the more, the better. Unsubscribe everywhere: both to law enforcement and to representative bodies.

Egor Nikulov

At what age can you buy alcoholic beverages? (particularly beer)

• Sales of alcoholic beverages are established by federal law No. 171-FZ dated November 22, 2005 On state regulation of the production and circulation of ethyl alcohol, alcoholic and alcohol-containing products (hereinafter referred to as the Law). According to paragraph 2 of Art. 16 Law...

Victoria Ponomareva

They asked how old I was, I answered 20, they said the sale of alcohol and tobacco products from the age of 21. I did not find such a law. Tips?

• Lawyer's response:

  There is no such law, from the age of 18 the sale of alcoholic beverages. By virtue of paragraph 2 of Art. 16 of the Federal Law of November 22, 1995 N 171-FZ "On state regulation of the production and circulation of ethyl alcohol, alcoholic and alcohol-containing products" and clause 136 of the Rules for the sale of certain types of goods, approved by Decree of the Government of the Russian Federation of January 19, 1998 N 55, retail sale of alcohol products to minors are not allowed. And we come of age at 18.

Kirill Rogalev

At what age is it currently legal in Russia to sell beer? I live in the Far East, in many stores they put up signs. they say beer is only from the age of 21, today a saleswoman in a store near the house said that right now everywhere they say there will be beer from the 21st, including them, although as far as I know beer should be sold when a person reaches the age of majority, and from 21 th like as soon as alcoholic beverages with a strength above 8% (or so). And in all pubs they sell after all from 18, xs what to call it. And if the beer is still from 18 (of which I am almost sure), but they refuse to sell it, what can be done? Z. Y. Googling did not find any information that the age for the sale of alcohol has changed recently.

• Lawyer's response:

  By virtue of paragraph 2 of Art. 16 of the Federal Law of November 22, 1995 N 171-FZ "On state regulation of the production and circulation of ethyl alcohol, alcoholic and alcohol-containing products" and clause 136 of the Rules for the sale of certain types of goods, approved by Decree of the Government of the Russian Federation of January 19, 1998 N 55, retail sale of alcohol products to minors are not allowed.

Full text of Art. 151.1 of the Criminal Code of the Russian Federation with comments. New current edition with additions for 2019. Legal advice under Article 151.1 of the Criminal Code of the Russian Federation.

Retail sale of alcoholic products to minors, if this act has been committed repeatedly, -
shall be punishable by a fine in the amount of fifty thousand to eighty thousand rubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of three to six months, or by corrective labor for a term of up to one year, with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years. or without it.

Note. Retail sale to a minor of alcoholic products, committed by a person repeatedly, is recognized as retail sale of alcoholic products to a minor by a person subjected to administrative punishment for a similar act, during the period when the person is considered to be subjected to administrative punishment.

(Note as amended, entered into force on December 9, 2015 by Federal Law No. 346-FZ of November 28, 2015. - See previous version)
(The article was additionally included from August 6, 2011 by the Federal Law of July 21, 2011 N 253-FZ)

Commentary on Article 151.1 of the Criminal Code of the Russian Federation

1. Composition of the crime:
1) object: main - public relations that ensure the rights and legitimate interests of a minor, his physical and moral development and education; additional - the health of a minor;
2) the objective side: the retail sale of alcoholic products to minors, if this act has been committed repeatedly. Repetitiveness refers to the retail sale of alcoholic products to a minor by a person, if this person has previously been brought to administrative responsibility for a similar act within one hundred and eighty days (note to Article 151.1 of the Criminal Code of the Russian Federation);
3) subject: a natural sane person who has reached the age of 16;
4) subjective side: characterized by a deliberate form of guilt (direct intent). The perpetrator is aware that he is selling alcoholic products to a known minor.

The crime is considered completed from the moment of sale of alcoholic products to a minor.

2. Applicable law:
1) Federal Law "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" (Art. 2, 16);
2) Code of Administrative Offenses of the Russian Federation (Article 14.16);
3) acts of the Government of the Russian Federation
- Decree of 06.04.2011 N 243 "On the list of documents proving the identity and allowing to establish the age of the buyer of alcoholic products, which the seller has the right to demand if he has any doubts that this buyer has reached the age of majority";
- Resolution No. 612 of September 27, 2007 "On Approval of the Rules for the Sale of Goods by Remote Method";
4) Order of the Ministry of Industry and Trade of the Russian Federation of April 15, 2011 N 524 "On approval of the List of identity documents and allowing to establish the age of the buyer of alcoholic products, which the seller has the right to demand if he has any doubts that this buyer has reached the age of majority."

3. Judicial practice. On March 19, 2013, the justice of the peace of the judicial district N 59 of the city of Zima and the Ziminsky district of the Irkutsk region considered the criminal case N 1-35/2013 in relation to gr.S., accused under Art. 151.1 of the Criminal Code of the Russian Federation. The court established that Mrs.S., working as a salesperson for IP* under an employment contract, performing her job duties in the store "*", repeatedly deliberately carried out retail sales of alcoholic products to minors under the following circumstances. So, gr.S. deliberately, with a mercenary purpose, sold to a minor gr.A. for cash payment of alcoholic products in the form of one bottle of beer. For this offense gr.S. intermunicipal department of the Ministry of Internal Affairs of Russia "Ziminsky" was brought to administrative responsibility under Part 2.1 of Article 14.16 of the Code of Administrative Offenses of the Russian Federation in the form of a fine. The decision to attract gr.S. to the administrative responsibility of the latter was not appealed, entered into force, the punishment in the form of a fine was executed. In addition, gr.S. intentionally, for selfish purposes, sold minor gr.AND. for cash payment of alcoholic products in the form of one bottle of beer. For this offense gr.S. was also brought to administrative responsibility for hours.2.1 Article. 14.16 of the Code of Administrative Offenses of the Russian Federation in the form of a fine.

Despite repeated bringing to administrative responsibility for the retail sale of alcoholic products to minors, realizing this and acting deliberately, with a mercenary purpose, realizing the minor age of the buyer, gr.S. again sold at retail to a minor gr.R. for cash payment of alcoholic products in the form of one bottle of beer. Under such circumstances, the court qualified the actions of the defendant gr.S. under Art. 151.1 of the Criminal Code of the Russian Federation - retail sale of alcoholic products to minors, if this act has been committed repeatedly. Taking into account established at the hearing information about the personality of the defendant, mitigating and aggravating circumstances, the court came to the conclusion that the punishment of the defendant gr.C. should be appointed within the sanction of Art. 151.1 of the Criminal Code of the Russian Federation with the application of the provisions of Part 5 of Art. 62 of the Criminal Code of the Russian Federation, part 7 of Art. 316 of the Criminal Procedure Code of the Russian Federation in the form of a fine.