Spagle Force-Federal Law of 30.12.2001 N 196-FZ RUSSIAN FEDERATION FEDERAL LAW On the administrative responsibility of legal persons (organizations) and individual entrepreneurs for Offences in the field of production and trafficking of ethanol, alcohol and alcohol-containing products adopted by the State Duma on 23 June 1999 Approved by the Federation Council on 2 July 1999 This Federal Law is aimed at ensuring State regulation of production and turnover of ethyl alcohol, alcohol and alcohol-containing products, protection of consumer rights, protection of life and health of people. Article 1. Scope of this Federal Law 1. This Federal Act sets out the administrative liability of legal persons (organizations) and individual entrepreneurs for offences in the field of production and turnover of ethyl alcohol, alcohol and alcohol production. 2. This Federal Act does not apply to: activities of citizens (natural persons) who perform non-marketing products containing ethyl alcohol; activity of production and turnover organizations Medicinal, curative and prophylactic, diagnostic tools containing ethyl alcohol, registered by the authorized federal executive body and registered in the State Register of Medicinal Products, Medical Products and the activities of the pharmacy-related Manufacture of individual recipes, including homeopathic preparations, veterinary products, perfumery-cosmetic products that have been registered in federal executive bodies authority. Article 2: Activity of legal person (s) industrial production and turnover of ethyl alcohol, alcohol and alcohol-containing products or an individual entrepreneu retail sales of alcohol products, implemented without a license or in violation of license terms 1. Activities of legal entity (organization) on industrial production and turnover of ethyl alcohol, alcoholic and alcohol-containing products or individual entrepreneu for the retail sale of alcoholic beverages, carried out without The relevant license,- shall entail an administrative fine ranging from five hundred to one thousand minimum wages, with the confiscation of ethyl alcohol, alcohol and alcohol containing products in the appropriate packaging; and (or) packaging, equipment and raw materials. 2. Activities of legal entity (organization) on industrial production and turnover of ethyl alcohol, alcohol and alcohol-containing products or individual entrepreneu for the retail sale of alcoholic beverages, carried out in violation The terms of the relevant licence, if this action (omission) does not constitute an administrative offence provided for by this Federal Law,- shall be imposed on the imposition of an administrative fine ranging from 300 to 100. Five hundred minimum wages with confiscation Ethyl alcohol, alcohol and alcohol-containing products in the appropriate packaging and (or) or without packaging. Article 3. Use of raw materials for cooking food alcoholic and alcohol-containing products Use by legal entity (s) of ethyl alcohol produced from non-food raw materials and alcohol containing Non-food products for preparation of alcoholic and alcohol-containing food products- entails an administrative fine ranging from 500 to 1,000 minimum wage levels with confiscation of manufactured goods in appropriate packaging and (or) packaging, equipment and raw materials or without is one. Article 4. Industrial production or turnover of ethyl drinking alcohol, alcohol and alcohol containing food products that do not meet the requirements of state standards, sanitary regulations and hygienic standards Industrial production or turnover by legal entity (organization) of ethyl alcohol, alcoholic and alcohol-containing food or retail sale by an individual alcoholic products not satisfying the requirements of the State standards, sanitary regulations and hygienic standards,- shall be punishable by an administrative fine of one to two thousand minimum wages, with the confiscation of ethyl alcohol, alcohol and alcohol Alcohol-containing food in the appropriate packaging and/or packaging, equipment and raw materials. Article 5. Industrial production of ethyl alcohol with exceeding established quotas Industrial production by legal entity (organization) of ethyl alcohol exceeding the established quotas- has an overlay An administrative fine ranging from three hundred to eight times the minimum wage, with the confiscation of ethyl alcohol produced in excess of the established quotas. Article 6. Supply and purchase of ethyl alcohol without appropriate licenses and quotas 1. Supply of ethyl alcohol by legal entity (s) to a legal entity (organization) or sole proprietor without a licence or without a quota for the purchase of ethyl alcohol or purchase of ethyl The amount of alcohol in excess of the quota- -shall be punishable by an administrative fine ranging from three hundred to one thousand minimum wages, with the confiscation of ethyl alcohol in the appropriate packaging and/or package. 2. The purchase by a legal entity (organization) of ethanol, which does not have a corresponding licence or quota for the purchase of ethyl alcohol, and the purchase of ethyl alcohol in excess of the quota,- The size of three hundred to one thousand minimum wages, with the confiscation of ethyl alcohol in excess of the quota, in the relevant packaging and/or packaging. Article 7. Retail sales of ethyl alcohol, medicinal or curative-prophylactic means containing ethyl alcohol and vinomaterials Retail sales by legal entity (organization) and individual Businessman of ethyl alcohol, including ethyl alcohol (except for the retail sale of ethyl alcohol in the regions of the Far North and similar localities in accordance with the list approved by the Government of the Russian Federation) of the Federation), as well as of drugs or treatment and prevention Ethyl alcohol (except for the retail sale of these funds in the activity of legal entities (organizations) established in paragraph 2 of Article 1 of this Federal Law) and the wine-materials- entails an overlay Administrative fines ranging from three hundred to five hundred from the minimum wage, with confiscation of ethyl alcohol, medicinal or curative means containing ethyl alcohol, in appropriate packaging and/or without packaging is one. Article 8. Alcohol and alcohol-containing products without accrediting or without installed documents Purchase, supply and storage by legal entity (organization) of alcoholic and distillation products without accreditation OF THE PRESIDENT OF THE RUSSIAN FEDERATION of documents, certificate of conformity of each name or a certified true copy of such certificate, or without reference to the goods Customs declaration or copies thereof (on imported alcohol)- Administrative fine in the amount of 200 to 500 times the minimum wage, with the confiscation of alcohol and alcohol-containing products in the appropriate packaging and (or) packaging or without it. Article 9. Supply of ethyl alcohol, alcohol and alcohol-containing products in packagings and (or) not conforming to requirements State standards Delivered by a legal entity (organization) Ethyl alcohol, alcohol and alcohol-containing products in packagings and (or) packages which do not meet the requirements of state standards- are subject to an administrative fine ranging from two hundred to five hundred minimum dimensions pay with confiscation of ethyl alcohol, alcohol and Alcohol-containing products in the appropriate packaging and (or) or without packaging. Article 10. Issued by a legal person (organization) without labelling or buying or selling of alcohol products without marking, if marked is mandatory, as well as Storage or transport of such products 1. Issued by a legal entity (organization)-a producer of alcoholic beverages without marking, if this marking is mandatory- shall impose an administrative fine in the amount of 200 to 500 times the minimum wage with the confiscation of alcohol in the appropriate packaging and/or packaging. 2. Sale by legal entity (organization) or individual entrepreneor of alcoholic products without marking, if such marking is mandatory and storage, the carriage of such products- is subject to administrative imposition Fines ranging from two hundred to five hundred from the minimum wage with confiscation of alcohol in the appropriate packaging and/or packaging. Article 11. Disturb and (or) failure to submit to the specified declaration terms for the volume of production or turnover of ethyl alcohol, alcohol and alcohol-containing products Disturtion and (or) failure to submit The legal entity (s) of the declaration on the production or turnover of ethyl alcohol, alcohol and alcohol-containing products- is punishable by an administrative fine in the amount of 200 to 500 The minimum wage. Article 12. Violation of the rules for the retail sale of alcoholic and alcohol-containing products Breach by the legal entity (organization) or individual entrepreneor of the rules of retail sales of alcoholic and alcohol-containing products, if this act (or omission) does not constitute an administrative offence provided for by this Federal Act,- administrative fine of between 100 and 200 minimum rates of remuneration. Article 13. The jurisdiction of the administrative offences provided for by this Federal Law and the authority of officials 1. To set up the records of administrative offences under this Federal Act, to apply measures for the enforcement of administrative offences, to take other legal proceedings, as provided for in the Act. by the Federal Act and the Code of the RSFSR on Administrative Offences, on behalf of the Federal Executive State regulation of production and trafficking The competent officials of the internal affairs bodies, tax authorities, bodies of the tax police, organs of state sanitary and epidemiological surveillance, bodies of state sanitary and epidemiological surveillance The State Inspectorate for the Supervision of State Standards and the Unity of Measure, the State Inspectorate for Trade, the Quality of Goods and the Protection of Consumers ' Rights. 2. The cases of administrative offenses under this federal law are considered by the heads of federal executive bodies, the heads of departments of the federal executive bodies of the federal executive bodies The authorities, as well as the heads of the territorial bodies of the federal executive authority in the constituent entities of the Russian Federation, districts, cities, regions in towns and equivalent administrative and territorial entities. The relevant executives: tax authorities consider administrative offences under articles 2, 5, 6, 10, 11 of this Federal Law; internal affairs agencies; and In addition, the directors or deputy heads of the internal affairs agencies in the transport sector deal with administrative offences under articles 7, 8, 10, 12 of this Federal Law; tax police authorities Cases of administrative offences established in the Articles 7, 8, 10, 12 of this Federal Law; the State Sanitary and Epidemiological Surveillance Authorities deal with cases of administrative offences under articles 3 and 4 of this Federal Law; The authorities of the State inspectorates for the supervision of State standards and ensuring the unity of measurement deal with cases of administrative offences under article 9 of this Federal Law; State inspection bodies on trade, quality of goods and Protection of the rights of consumers is dealt with in cases of administrative offences under article 12 of this Federal Law. 3. Imposition of an administrative penalty in the form of confiscation of alcohol, alcohol and alcohol-containing food in the appropriate packaging and (or) packaging, as well as equipment and raw materials that were lawfully present, is the responsibility of the district courts (justices of the peace). Article 14. Procedures for the production of administrative offences provided for in this Federal Law Procedure for proceedings for administrative offences under this Code Federal law is defined by this Federal Law, and in part it is not regulated by it-Title IV of the Code of the RSFSR on Administrative and (...) (...) The cause and the grounds for instituting a case of the administrative offense envisaged by this Federal Law 1. The institution of an administrative offence under this federal law is: 1) direct detection by an official authorized to draw up administrative records. offences, the fact of the commission of an administrative offence in the field of production and trafficking of ethyl alcohol, alcohol and alcohol-containing products; (2) materials received from law enforcement agencies, as well as other of public bodies, local authorities, and public associations; 3) reports and statements of administrative offences in the field of production and trafficking of ethyl alcohol, alcohol and alcohol-containing products from natural or legal persons, as well as communications in the media. 2. The materials, communications, statements referred to in paragraph 1 of this article are subject to review by officials authorized to draw up reports of administrative offences, as well as by the prosecutor. 3. The grounds for instituting proceedings for administrative offences under this Federal Act are sufficient data indicating signs of an administrative offence. In the event of a refusal to institute proceedings for an administrative offence, subject to the availability of materials, communications, statements referred to in paragraphs 2 and 3 of paragraph 1 of this article, by an official who examined the said materials, communications, statements, The determination of the refusal of the institution of an administrative offence is given in a reasoned decision. The refusal to initiate a case of an administrative offence may be appealed by the person who submitted the relevant material, the communication, the application to a court or a higher authority (a higher official). 4. The case of an administrative offence under this Federal Act is deemed to have been initiated since the time of the drafting of the administrative offence or the decision by the prosecutor to institute proceedings against him or her. administrative offence. Where an administrative investigation is required in accordance with the provisions of article 18 of this Federal Act, the case of an administrative offence is considered to have been initiated since the decision to open a case. administrative offence. Article 16. Measures to ensure the production of the cases of administrative offences covered by this Federal Law 1. In the detection of administrative offences under this Federal Act, administrative detention of a legal representative of a legal person or an individual entrepreneor, body search and inspection, seizure of things and The documents are carried out by officials of the internal affairs agencies or the tax police authorities. 2. In the event of an increase in the length of the proceedings in the case of an administrative offence in connection with an administrative investigation, the seizure under article 25 of the Federal Act " State regulation of production and turnover of ethyl alcohol, alcohol and alcohol-containing products" from illicit production and trafficking Ethyl alcohol, alcohol and alcohol-containing products when they are not properly stored and the danger of return to production and turnover are sent for processing for technical purposes. If it is not possible to carry out such processing of products which do not meet the requirements of state standards, sanitary regulations and hygienic standards, these products are sent for destruction. The decision on the direction of processing for technical purposes or the destruction of the said products before making a ruling in the case of an administrative offence, as provided for by this Federal Law, shall be made in the order of OF THE PRESIDENT OF THE RUSSIAN FEDERATION Administrative offences. Samples of ethyl alcohol, alcohol and alcohol-containing products shall be retained within one month after the expiry of the appeal period for the administrative offence, after which it is destroyed. by the Government of the Russian Federation. 3. Measures to ensure the production of administrative offences against a legal person (organization) or an individual entrepreneu may be appealed by the person concerned to a higher authority (official), to the prosecutor or in court. Article 17. Protocol on Administrative Offences provided by this Federal Law 1. A protocol shall be drawn up for the commission of an administrative offence under this Federal Law. 2. The record of the administrative offence indicates the date and place of the administrative offence; the title, surname, first name, patronymic of the person who drew up the report; the particulars of the legal person (s) or the individual entrepreneor in respect of whom A case involving an administrative offence has been initiated; the names, names, addresses of witnesses and victims, if any; place, time of commission and substance of an administrative offence; the law providing for liability for the given An offence with an indication of a specific article of the law; an explanation of lawful A representative of a legal entity (organization) or an individual entrepreneor under the administrative offence; other information necessary for the resolution of the case. 3. In drawing up a protocol on an administrative offence, the legal representative of a legal entity (organization) or an individual entrepreneor for whom an administrative offence has been initiated, as well as other participants The proceedings in this case are explained to their rights and obligations under this Federal Act and the Administrative Code of the RSFSR. (...) (...) 4. A legal representative of a legal person (organization) or an individual entrepreneor subject to an administrative offence must be given the opportunity to consult the administrative record. Offences. These persons are entitled to submit explanations and comments on the content of the protocol attached to the protocol. In the event of refusal of these persons from the signing of the protocol of administrative offence, the record shall be recorded. 5. The protocol of an administrative offence is signed by the person who wrote it, if there are any witnesses; the protocol may also be signed. 6. A legal representative of a legal entity (organization) or an individual entrepreneor for whom an administrative offence has been initiated and a copy of the administrative offence report is also requested by the victim at his request. shall be placed under receipt immediately after the receipt. Article 18. Administrative investigation of the administrative offence provided for by this Federal Law 1. In cases where the administrative offence referred to in articles 3 to 9 of this Federal Law has been identified, it is necessary to produce expert examinations and other time-consuming and complex procedural actions. The administrative investigation is under way. Such an investigation should be completed within one month of the initiation of the case. In exceptional circumstances, this period may be extended on a written request by a superior officer for one more month. 2. An administrative investigation is carried out at the place of commission or detection of an administrative offence. 3. At the end of the administrative investigation, a protocol on the administrative offence is drawn up. Article 19. Timing of the drafting of the protocol on administrative offense 1. The administrative offence protocol shall be drawn up immediately upon the identification of the commission of an administrative offence. 2. When an administrative investigation is carried out, the protocol of an administrative offence shall be drawn up at the end of the administrative offence, in accordance with the time limits provided for in article 18 of this Federal Law. Article 20. The direction of the protocol to deal with the case of administrative offence Administrative Offences Protocol is sent to the authority (official) authorized to deal with the administrative case Offences, within 24 hours of the drafting of the protocol on administrative offence. Article 21. A ruling in the case of an administrative offence provided for by this Federal Law 1. The Administrative Offence Order must specify: 1) title, surname, name, patronymic of the judge (official) who delivered the decision; 2) the date and place of the case; 3) Information on the legal person (s) or the individual entreprenearer in respect of whom the case has been examined; 4) the circumstances set out in the case; 5) the name of the article of this Federal the law providing for the liability for this administrative an offence; 6) and the procedure for appealing the order. 2. The decision in the case of an administrative offence must be motivated. 3. The administrative offence must address the question of alcohol, alcohol and alcohol-containing products in the appropriate packaging and (or) packaging, equipment and raw materials if not applied in respect of them. Recovery in the form of confiscation. At the same time: 1) the items and documents not seized from turnover are returned to the owner and, if not established, the property of the state; 2) ethyl alcohol, alcoholic and alcohol-containing products in The relevant packagings and (or) packages, equipment and raw materials seized from illicit trafficking and used for unlawful purposes shall, in accordance with the procedure established by the Government of the Russian Federation, be transferred to the appropriate institutions or shreds; 3) documents that are real shall be retained in the case for the entire period of the last custody or transferred to the persons concerned. 4. The Ordinance on Administrative Offences is signed by the judge or official who issued the order. Article 22. The time frame for the imposition of an administrative penalty on the administrative offences under this Federal Act The time limit for the imposition of an administrative penalty on administrative cases The offences under this Federal Act which do not require an administrative investigation are defined in accordance with the provisions of article 38 The RSFSR Code (...) (...) Procedure for appeals against an order in the case of an administrative offence provided for by this Federal Law Within ten days of the ruling in the administrative case an offence under this Federal Law, a legal person (organization) or an individual entrepreneor in respect of whom a ruling has been issued, has the right to appeal against the order to a superior officer or to the court. The rules of chapter 22 RSFSR Code on Administrative Offences. Article 24. The procedure for execution of the decree on imposing an administrative penalty prescribed by this Federal Law Ordinance on the imposition of an administrative penalty, as provided for in this article. The Federal Law shall enter into force and shall be enforceable upon the expiry of a period of ten days from the date of its issuance. In the event of a complaint or a protest against the imposition of an administrative penalty, the ruling shall enter into force on the date of its decision not to cancel its decision on the complaint or protest. The legal entity (organization) or individual entrepreneor, in respect of whom the Ordinance on the imposition of an administrative penalty under this Federal Law has been issued, has the right to voluntarily perform the said Regulation within fifteen days of its entry into force. In the event of default, the administrative penalty provided for by this Federal Law shall be issued by the judge or official responsible for the bailiff for action, in conformity with the law on enforcement proceedings. The general procedure for the enforcement of administrative penalties under this Federal Act is applicable to the administrative liability of legal persons (organizations) or individual entrepreneurs in accordance with the procedure established by this Federal Act, Title V of the RSFSR Code on Administrative and and Federal Law "About enforcement production" Article 25. To instruct the Government of the Russian Federation to develop a procedure for the processing of ethyl alcohol, alcohol and alcohol-containing products in the appropriate packaging and (or) packaging. " To invite the President of the Russian Federation and instruct the Government of the Russian Federation to bring its normative legal acts into conformity with this Federal Law. Article 26. This Federal Act shall cease to be in force since the entry into force of the Code of Administrative Offences of the Russian Federation. Article 27. This law shall come into force at the expiration of one month from the date of its official publication. President of the Russian Federation B. Yeltsin Moscow, Kremlin 8 July 1999 N 143-FZ