Sale of alcohol to a minor. Law on Restriction of Retail Sales of Alcohol

Quite an actual and important problem, even by the standards of today, remains the sale of alcohol to a minor. Why is such an offense dangerous? What punishment does he have for him? All this will be discussed in this article.

Features of the offense

Follow the sobriety and healthy way of life of their children must parents. However, at the state level, quality work should be conducted to counteract teenage alcoholism. So, by 2016 the number of alcohol-dependent minors is almost 14 thousand people. But this is only according to official statistics, the true figures, most likely, are much higher. Naturally, such indicators only indicate one thing: effective work should be carried out both at the state and at the intra-family level.

What can be said about the role of the state in such a struggle? It is conducted primarily through the popularization of a healthy lifestyle, as well as by counteracting such a violation as the sale of alcohol to minors. The peculiarities of the considered violation are as follows:

• Administrative responsibility for a single violation;
• Criminal responsibility for the violation more than twice within six months.

How dangerous is the sale of alcohol to a minor?

Until now, people (and quite adults) are still believing that buying alcohol is a private matter for every person, including a teenager. Naturally, this is fundamentally wrong and erroneous judgment. It is impossible to compare the decisions of adults with the stupidity and inexperience of minors. The control over children should always be both from the side of the family and from the state. Otherwise, the following problems can be found in our society:

• The destructive effect of alcohol on the body of a minor (significant physical and mental disabilities);
• Social danger: increased crime, a large number of antisocial acts;
• Low indicators of economic, cultural and social development of the state.

The emergence of all these problems is already significantly affected by the sale of alcohol to a minor. This is why the law on the sale of alcohol to minors was passed in Russia (the law on the restriction of sale).

Who is considered a minor?

Until now, there are some misunderstandings in Russian society regarding the age at which alcohol products can be purchased. Many will say that such an age has long been known - this is the age of majority. However, many retail chains can sell alcohol to citizens since the age of 21, and nothing else. What does the legislation say in this case?

In fact, everything here is quite simple. Officially, the sale of alcoholic beverages is allowed to persons who have reached the age of eighteen. However, many shops have the right to establish their own rules and sell to people who have reached the age of 21 (by the way, this practice was in the USSR, and is still used in many Western countries). There is one more point to which you can pay attention: this is the earliest gaining legal capacity (at least 16 years). However, the law does not say anything about selling alcohol to such persons.

Are provocations lawful for the police?

Most Russian citizens are surely aware of television reports about how policemen catch unscrupulous sellers of alcohol "on bait". Are such activities legitimate? What does the law on the sale of alcohol to minors tell about this? It is necessary to understand.

From the point of view of the courts, the measures described above are, as they say, on the verge. This is due to the fact that the law regulating the operational-search activity does not provide for participation in such operations of minors. However, police officers use a legal loophole, treating adolescents not as participants in the operation, but as direct buyers. And nevertheless, the courts have the right to call the organizers of such operations to account (according to Article 14.16 of the Code of Administrative Offenses of the Russian Federation).

Sale of alcohol to a minor: examination of the case

What legal norms regulate the prohibition of the sale of alcohol to minors? Directly refers to the responsibility in the following documents:

• FZ 171 of 1995. It is this bill that regulates the turnover of alcoholic products on the territory of the Russian Federation.
• Article 14.16 of the Code on Administrative Violations of the Russian Federation (CoAO). According to her, it is the police who draw up all the necessary protocols about violations in the sale of alcohol. No exception and the sale of alcohol to minors.
• Article 151.1 of the Criminal Code of the Russian Federation. Applicable when the act we are considering falls outside the Code of Administrative Offenses, and therefore is not an offense, but a real crime. According to it, a seller who sold alcohol to a minor in a repeated order can be convicted.

Content of the violation

Sale of alcoholic products is considered a faux violation in the event that the very fact of sale is fully proved, the identity of the seller is established and the relevant verdict is pronounced. Immediately it is worth noting that the fines for selling rather big. Thus, a monetary penalty, according to Article 14.16 of the Code of Administrative Offenses, can completely ruin a small trading point.

And what about the sale of alcohol to under eighteen citizens as a crime? In this case, the repetition of the act must be proved. It is very important to establish the exact time between violations. So, if it is less than 180 days, then the act will already be considered as a crime (its composition is formal). In this case, the intent of the seller will be considered direct, and therefore the punishment will be appropriate.

Responsibility for selling alcohol to minors

It is worthwhile, finally, to deal with the punishment itself for the violation in question. What threatens dishonest sellers for the sale (or re-sale) of alcohol products to children and adolescents? What is the penalty for selling alcohol to minors?

An individual, according to the Code of Administrative Offenses, is obliged to pay between 30,000 and 50,000 rubles. The official is from one hundred to two hundred thousand rubles. Legal entities will suffer even more. Thus, for the offense under consideration, they will have to deposit 300 to 500 thousand rubles in the treasury.

Further it is necessary to consider the variants of punishment provided for by the Criminal Code of the Russian Federation. We are talking about crimes, and more specifically, about cases when the announcement of the sale of alcohol to minors, more precisely, the impossibility of such trafficking is ignored, and such products are released to children or adolescents at one outlet for the first time in 180 days. So, in this case a fine of up to 80 thousand rubles or correctional work for a period of up to one year is established. Can apply the court and the ban on further work by the cashier or the seller.

What punishment can expect sellers who gave alcohol to persons who have not reached a certain age determined by the store? Naturally, we are talking about trading networks that establish a similar rule ("We sell alcohol from 21 years"). That is why the punishment is established by the store itself (according to the statute, job description, etc.).

What should the seller do?

Suppose the seller was detained for selling alcohol to a teenager. As usually happens in such situations, he admits his guilt, speaks of his own stupidity and inattention. What can be the further development of events? Worker in the field of trade will have to pay a huge fine and this can not be avoided in any way? By law, everything should be so. Responsibility to avoid all the same does not work, but to mitigate the punishment is very real. But how? There are two options. One is the simplest and most effective: admit one's guilt and ask for a minimum penalty. The second option is not suitable for everyone. It may be that the seller still asked the minor for the documents, and they were presented. At the same time, the passport contained the proper date of birth. Subsequently, it turned out that these documents proved to be fake or even were stolen. What to do in this situation? If it is possible to somehow find this minor or convince the judge of the truthfulness of the situation (through video surveillance, witness testimony, etc.), then it may be possible to mitigate the punishment or it will not follow at all.

The only sure way to avoid responsibility for such a violation, as the sale of alcohol to minors (article 14.16 of the Administrative Code of the Russian Federation) is always to demand documents from young people.

Conclusion

The inspecting bodies of the Russian Federation are vigilant to ensure that the sale of alcohol to adolescents is not carried out. From here and such huge penalties directed, as a rule, on ruin of a trading point. Often, for this purpose, Rosalkogolregulirovanie selects from the store a license for the sale of alcoholic beverages.

As already mentioned, the above-described measures to suppress the sale of alcohol with the participation of minors are spelled out in the Administrative Code of the Russian Federation. It is noteworthy that a few years ago, until December 2013, for a similar offense, there were completely different criteria for punishment. The amount of the fine could not exceed five thousand rubles, and the monetary penalty from the offender was charged only if he crossed the law several times. Of course, such a scanty amount was not at all an obstacle for some entrepreneurs, and the losses incurred were covered by profits from the sale of alcoholic beverages. It turns out that after December 2013 the amount of the amount levied from a legal entity for the sale of beer to citizens under the age of 18 has increased exactly 10 times, that is, almost the same as the scale of drinking strong drinks by adolescents.