On Amendments And Additions To The Federal Act "on State Regulation Of Production And Turnover Of Ethyl Alcohol And Alcohol Production"

Original Language Title: О внесении изменений и дополнений в Федеральный закон "О государственном регулировании производства и оборота этилового спирта и алкогольной продукции"

Read the untranslated law here: http://pravo.gov.ru/proxy/ips/?doc_itself=&infostr=x&backlink=1&fulltext=1&nd=102057522

RUSSIAN FEDERATION FEDERAL LAW on amendments and additions to the Federal Act "on State regulation of production and turnover of ethyl alcohol and alcohol production" adopted by the State Duma December 17, 1998 the year approved by the Federation Council of the year December 23, 1998 (as amended by the federal laws from 16.10.2006 N 160-FZ;
from 30.12.2008 N 313-FZ; from 18/N 218-FZ), Article 1. Make changes and additions to the Federal Act "on State regulation of production and turnover of ethyl alcohol and alcohol production" (collection of laws of the Russian Federation, 1995, no. 48, art. 4553; 1997, N 3, art. 359), read as follows: "FEDERAL LAW on State regulation of production and turnover of ethyl alcohol, of alcoholic and alcohol-containing products chapter i. General provisions article 1. The scope of this federal law 1. This federal law establishes the legal framework for industrial production and circulation of ethyl alcohol, of alcoholic and alcohol-containing products in the Russian Federation.
State regulation in the field of industrial production and turnover of ethyl alcohol, of alcoholic and alcohol-containing products is aimed at protecting the economic interests of the Russian Federation to ensure the needs of the consumers of these products, as well as improving its quality and monitoring of compliance with legislation, regulations and rules in the regulated area.
2. The effect of this federal law apply to the relations which are legal entities (organizations) regardless of their organizational and legal forms and forms of ownership, and citizens engaged in entrepreneurial activities on the retail of alcoholic and alcohol-containing products.
3. The effect of this federal law shall not apply to: activities by citizens (natural persons) not producing to marketing products containing ethyl alcohol;
activities of organizations associated with the production and circulation of medicines, treatment-and-prophylactic, diagnostic products containing ethyl alcohol, registered the authorized federal body of executive power and made in the State Register of medical products, medical devices, as well as the activity of chemist's establishments associated with the manufacture of means of individual recipes including homeopathic preparations, veterinary preparations, perfumery and cosmetic products that have passed the State registration in authorized federal executive authorities.
Article 2. The basic concepts used in the present Federal law for the purposes of this federal law uses the following concepts: ethanol-ethanol, produced from food or non-food raw materials by the method of alcoholic fermentation or hydration of ethylene with subsequent distillation and rectification or without it;
ethyl alcohol denatured (alcohol)-ethyl alcohol containing dye additives or special substances which preclude its use in the production of alcoholic and alcohol-containing food products;
spirtosoderzhashchaja denaturirovannaja products-products containing the dye additives or special substances which preclude its use in the production of alcoholic and alcohol-containing food products;
spirtosoderzhashchaja products-branded spirtosoderzhashchaja and spirtosoderzhashchaja food products;
spirtosoderzhashchaja non-food products-non-food products (including any solutions, emulsions, suspensions and other kinds of non-food products) produced using ethyl alcohol, denatured alcohol or alcohol-containing waste production of ethanol with ethyl alcohol content more than 1.5 per cent by volume of the finished product;
spirtosoderzhashchaja food products-food products (including any solutions, emulsions, suspensions and other kinds of food products, with the exception of alcohol products) produced using ethyl alcohol from food raw material produced with content of ethanol more than 1.5 per cent by volume of the finished product;
alcoholic beverages-food products produced using ethyl alcohol from food raw material produced with content of ethanol more than 1.5 per cent of the finished product. Alcoholic beverages are divided into the following types: ethyl alcohol, drinking alcohol, wine (except for beer production and turnover are regulated by separate federal law);
ethyl alcohol-drinking rectified ethyl alcohol from food raw materials, divorced softened water up to 95 per cent of the finished product;
alcoholic beverages-alcoholic products, which are produced using ethyl alcohol produced from food raw material, and does not apply to wine or beer;
wine and alcoholic products made from wine, with content of ethyl alcohol produced from food raw material, no more than 22 per cent of the finished product;

wine-the raw material for the manufacture of wine obtained by alcoholic fermentation of grape must, grape pulp or fruit juice with or without the addition of ethyl alcohol produced from food raw material, with the content of ethyl alcohol not more than 22.5 per cent by volume of the finished product;
Cognac-Cognac (brandy), are a type of alcoholic beverages;
anhydrous alcohol (100%)-a conditional concept used in calculation;
industrial production (hereinafter-production) of ethyl alcohol, of alcoholic and alcohol-containing products-production of such products by the legal person in excess of the needs of its own production, to its sales and profit;
purchase turnover (including importation), supplies (including export), storage and retail sale.
Article 3. Law on State regulation of production and turnover of ethyl alcohol, of alcoholic and alcohol-containing products Legislation on State regulation of production and turnover of ethyl alcohol, of alcoholic and alcohol-containing products consists of this federal law, other federal laws and normative legal acts of the Russian Federation, as well as measures taken in accordance with the laws and other normative legal acts of the constituent entities of the Russian Federation.
Article 4. The State monopoly on the production and (or) the turnover of ethyl alcohol, of alcoholic and alcohol-containing products State monopoly on the production and (or) the turnover of ethyl alcohol, of alcoholic and alcohol-containing products on the territory of the Russian Federation may be imposed by federal law.
Article 5. Reference objects of the Russian Federation in the field of production and turnover of ethyl alcohol, of alcoholic and alcohol-containing products to the jurisdiction of the Russian Federation in the field of production and circulation of ethyl alcohol, of alcoholic and alcohol-containing products include: regulation of prices for ethanol, alcohol and spirtosoderzhashhuju products (minimum prices for certain kinds of alcoholic beverages);
Regulation of exports, imports of ethyl alcohol, of alcoholic and alcohol-containing products;
the establishment of quotas for the purchase of ethanol needed to meet the needs of the Russian Federation and constituent entities of the Russian Federation;
Organization of State control over the production, trafficking and abuse of ethyl alcohol, of alcoholic and alcohol-containing products;
the introduction of mandatory labelling of excise stamps or special brands produced and sold on the territory of the Russian Federation of alcoholic products;
setting types of excisable products and rates of excise duty on ethyl alcohol, alcohol and spirtosoderzhashhuju products;
establishment of national standards and approval of technical conditions for the production and circulation of ethyl alcohol, of alcoholic and alcohol-containing products;
determination of activities subject to licensing, the procedures for issuing licences for the production and circulation of ethyl alcohol, of alcoholic and alcohol-containing products, as well as issuing Federal licenses for the manufacture and circulation of ethyl alcohol, of alcoholic and alcohol-containing products;
(Article repealed in part 1 paragraph of the tenth article 5-the Federal law dated 18/N 218-FZ) Organization and implementation of public accounting and reporting in the field of production and circulation of ethyl alcohol, of alcoholic and alcohol-containing products;
establishment of the procedure for the submission of declarations on the scope of production and circulation of ethyl alcohol, of alcoholic and alcohol-containing products;
define a set of measures to protect the health and rights of consumers of ethyl alcohol, of alcoholic and alcohol-containing products, including the establishment of a single order of accreditation of organizations that have licenses for the purchase, storage and supply of alcohol and alcohol-containing food products;
(Art. 1 repealed in part in the new wording of the paragraph of the fourteenth article 5 restated by federal law N 313-FZ)
(Art. 1 repealed in part in the new wording of the paragraph of the fifteenth Article 5 restated by federal law N 313-FZ) development and adoption of federal targeted programmes in the field of production and circulation of ethyl alcohol, of alcoholic and alcohol-containing products, as well as the adoption of measures aimed at eliminating unfair competition, environmental protection Wednesday;
other issues associated with the production, trafficking and abuse of ethyl alcohol, of alcoholic and alcohol-containing products, assigned to the jurisdiction of the Russian Federation in other federal laws.
Article 6. Subjects of joint jurisdiction of the Russian Federation and constituent entities of the Russian Federation in the field of production and circulation of ethyl alcohol, of alcoholic and alcohol-containing products 1. To the matters of joint competence of the Russian Federation and constituent entities of the Russian Federation in the field of production and circulation of ethyl alcohol, of alcoholic and alcohol-containing products include: the establishment of quotas for the purchase of ethanol needed to meet the needs of the relevant constituent entity of the Russian Federation in ethanol;

the distribution of quotas for the purchase of ethanol between organizations on the basis of the approved quotas;
conducting State registration issued, suspended and cancelled licences for the production and circulation of ethyl alcohol, of alcoholic and alcohol-containing products;
the establishment and implementation of a set of measures to streamline delivery and retail sale of alcoholic beverages in order to protect the health and life of citizens, including the accreditation of organizations that have licenses for the purchase, storage and supply of alcohol and alcohol-containing products;
implement state monitoring of compliance with legislation governing organizations, production and circulation of ethyl alcohol, of alcoholic and alcohol-containing products, as well as the conditions provided for licenses on implementation of activities defined by this federal law;
suggestions on the development and implementation of joint programmes and the production of ethyl alcohol, of alcoholic and alcohol-containing products;
carrying out State control over the quality, volume and production of ethyl alcohol, of alcoholic and alcohol-containing products, including through the introduction of special safeguard measures against entering the retail sale of alcoholic beverages in accordance with paragraph 4 of article 12 hereof;
carrying out monitoring the availability and operation of the control devices, as well as spirtoizmerjajushhih counters alcohol-containing liquids that measure the concentration and amount of absolute alcohol in finished products (hereinafter referred to as the spirtoizmerjajushhie).
2. Outside the jurisdiction of the Russian Federation and the joint jurisdiction of the Russian Federation and constituent entities of the Russian Federation constituent entities of the Russian Federation shall carry out its own legal regulation in the sphere of production and circulation of ethyl alcohol, of alcoholic and alcohol-containing products.
Article 7. Powers of local self-government bodies in the field of production and turnover of ethyl alcohol, of alcoholic and alcohol-containing products 1. Local government bodies within its competence, exercise control over observance of the legislation in the field of retail sale of alcoholic beverages and for its quality.
2. the units of local self-government may be endowed with certain State powers to act in the field of production and circulation of ethyl alcohol, of alcoholic and alcohol-containing products with the transfer necessary for their implementation of material and financial resources.
CHAPTER II. Requirements for the production and CIRCULATION of ethyl alcohol, of ALCOHOLIC and alcohol-containing PRODUCTS Article 8. Responsibilities of organizations using the equipment for the production of ethyl alcohol and alcohol production 1. Organizations engaged in production of ethyl alcohol and alcohol production and use to equipment manufactured on the territory of the Russian Federation and outside its territory, must have the specified equipment certificate of conformity and positive conclusion of the State environmental appraisal, issued in accordance with the legislation of the Russian Federation.
2. Equipment for the production of ethyl alcohol shall be equipped with control devices spirtoizmerjajushhimi.
Equipment for the production of alcoholic beverages must be equipped with the alcoholic fluids counters measuring concentration and amount of absolute alcohol in the finished product.
These devices and counters should have certificates issued in the manner prescribed by the legislation of the Russian Federation, and be sealed by the authority which issued the license for the production of ethanol and (or) alcohol products.
3. The basic technological equipment for production of ethanol and (or) alcohol is subject to state registration in the order established by the Government of the Russian Federation.
Re-registration of the main technological equipment for production of ethanol and (or) alcohol products is conducted only in case of transfer in accordance with the law of another organization.
4. the amount of the registration fee of the main technological equipment for production of ethyl spirit and alcoholic products must not exceed 10 times the minimum statutory wage.
5. Operation of the newly-built (new or renovated) or upgraded the main technological equipment for production of ethanol is only permitted subject to the introduction of equipment to fully recycle or dispose of the main alcohol production waste (Bard), and the presence of a positive conclusion of the State environmental appraisal. This requirement does not apply to the basic technological equipment for production of ethanol with a capacity of not more than 100 Deciliters of ethyl alcohol per day in terms of anhydrous alcohol, a major waste of which are consumed by livestock.
6. it is not allowed to rent the main technological equipment for the production of ethyl alcohol and alcohol production.

7. Not permitted actions aimed at reducing the State's share in the total authorized capital of joint-stock companies carrying out activities for the production of ethanol.
Article 9. Turnover of ethyl alcohol 1. Purchase and delivery of ethanol for Federal State needs are carried out on the basis of the legislation of the Russian Federation about supplying products for Federal State needs to have equipment for storing and dispensing of ethanol, as well as its quality control laboratory.
2. purchase of ethyl alcohol is permitted only for organizations within the quotas for its purchase.
3. Supply of ethanol to meet the needs of a constituent entity of the Russian Federation shall be settled within the quotas issued by the subject of the Russian Federation.
4. export and import of ethyl alcohol only unitary enterprises or economic societies in which the State owns at least 51 percent of the shares (stakes) and who have the appropriate licence for such activities.
Article 10. Quotas for the purchase of ethyl alcohol 1. Quotas for the purchase of ethyl alcohol shall be determined on the basis of the balance of its production and consumption, taking into account the needs expressed by the Russian Federation and constituent entities of the Russian Federation. The total amount of quotas on the ethyl alcohol used for the production of alcoholic beverages consumed on the domestic market of the Russian Federation, must not exceed the same index of the previous year by more than 10 percent.
2. quotas for the purchase of ethanol are issued by organizations when there are statutory licenses for carrying out activities related to the use of ethyl alcohol.
3. the right to obtain quotas for production or consumption of ethanol have organizations working on energy-saving, environmentally sound technologies.
4. Procedure for determining quotas for the purchase of alcohol shall be established by the Government of the Russian Federation.
Article 11. Conditions for the production and trafficking of alcohol and alcohol-containing food products 1. Production and turnover of alcoholic and alcohol-containing food products are carried out by organizations with the appropriate licenses.
2. For the production of alcoholic and alcohol-containing food products are allowed to use ethanol produced just from food raw materials.
3. alcoholic products in retail sales on the territory of the Russian Federation, accompanied by information in the Russian language, which should contain information about: naming of alcoholic beverages;
the price of alcoholic beverages;
manufacturer's name (legal address);
the country of origin of alcoholic products;
certification of alcoholic products;
State standards, which should be consistent with alcoholic products;
the volume of alcoholic beverages in consumer packaging;
names of main ingredients that affect the taste and aroma of alcohol products;
the content of harmful substances in comparison with the mandatory requirements of State standards and contraindications to its use;
the date of manufacture and date of use or long term use.
This information is made available to consumers in the manner prescribed by the Government of the Russian Federation.
Article 12. Taxation and labelling of alcoholic beverages 1. Calculation and payment of taxes and charges spirits produced in the manner prescribed by the laws of the Russian Federation.
2. Alcoholic drinks with alcohol content of more than nine per cent of the finished product, with the exception of alcoholic products supplied for export shall be subject to mandatory marking of excise stamps or special marks. Sample brands, order and size of their payment, labeling regulations are established by the Government of the Russian Federation.
Mark excise and special mark for labelling alcoholic beverages shall be documents of public accountability, certifying the legality of production and trafficking in the territory of the Russian Federation of excise alcohol products.
3. alcoholic products, packaging which does not allow for marking excise stamps or special marks is exempt from their application in the manner prescribed by the Government of the Russian Federation, subject to full payment of the excise duty.
4. in order to protect against counterfeiting constituent entities of the Russian Federation may establish special protective measures for entering the retail sale of alcoholic beverages, taking into account the proposals of local governments and suppliers.
5. For the correctness and authenticity of the stamps of the excise duty or special brand owner is responsible of alcoholic beverages (with the exception of the person who bought the alcohol products at retail) in accordance with the legislation of the Russian Federation.
Article 13. Regulation of the export and import of alcohol products

1. The exportation from the customs territory of the Russian Federation or importation into the customs territory of the Russian Federation of alcoholic products is carried out in accordance with the procedure stipulated by the customs legislation of the Russian Federation, organizations that have licenses for export or import, storage and delivery of alcoholic beverages.
2. the annual amounts of the alcoholic production turnover share of imported alcoholic beverages (with the exception of wines, cognacs and beers), the importation of which into the customs territory of the Russian Federation shall not exceed 10 per cent of the total annual volume sold on the territory of the Russian Federation of alcoholic products. While the proportion of alcohol with alcohol content of no more than 15 per cent of the finished product shall be not less than 60 per cent of the annual volume of imported to the customs territory of the Russian Federation of alcoholic products.
3. the quality of imported to the customs territory of the Russian Federation of alcoholic beverages should not be below the quality of alcohol products prescribed State standards, technical conditions of production and turnover of alcoholic products.
4. Regulating the import of alcoholic production and quality control of imported to the customs territory of the Russian Federation of alcohol shall be established by the Government of the Russian Federation.
Article 14. Submission of declarations on the scope of production and turnover of ethyl alcohol, of alcoholic and alcohol-containing food products organizations engaged in the production, procurement and supply of ethanol, alcoholic and alcohol-containing food products, are required to submit declarations on the scope of their production and trafficking.
Organizations that purchase alcohol for alcohol and alcohol-containing products, must provide a Declaration on the use of ethanol.
The submission of these declarations is determined by the Government of the Russian Federation.
Article 15. Accreditation organizations engaged in trafficking in alcohol and alcohol-containing food products 1. In order to control the quality and volume of information coming in retail sale of alcoholic and alcohol-containing food products, the Government of the Russian Federation establishes a uniform procedure for the accreditation of organizations that have licenses for the purchase, storage and supply of alcohol and alcohol-containing food products.
2. subjects of the Russian Federation may pursue accreditation organizations in accordance with a single procedure for accreditation specified in paragraph 1 of this article.
Article 16. Order supplies retail sale of alcoholic beverages 1. Delivery and retail sale of alcoholic products are carried out by organizations. Individual entrepreneurs carry out retail sale of alcoholic beverages, this activity is carried out only if you have the appropriate license.
2. it is not allowed to retail alcoholic products: children's, educational, religious and treatment-and-prophylactic establishments and the adjacent territories;
persons under the age of 18 years;
without the certificates, stamps of the excise duty or special marks.
3. it is not allowed to retail sale of alcoholic drinks with alcohol content exceeding 13 per cent of the finished product in places of mass gathering of citizens and finding sources of heightened danger (train stations, airports, subway stations, facilities for military purposes) and surrounding areas, as well as stalls, booths, tents, pavilions, containers, are not designed for sale of this production premises, wholesale food markets and surrounding areas with hands, trays, cars.
The surrounding area is determined by the local self-government bodies in the manner prescribed by the constituent entities of the Russian Federation.
4. the production, delivery and retail sale of drinking alcohol are allowed only in regions of the far North and similar areas in accordance with the list approved by the Government of the Russian Federation.
5. Organizations engaged in urban retail sales of alcoholic beverages with alcohol content exceeding 13 per cent of the finished product should be fixed for such purposes shopping and warehouses with a total area not less than 50 square meters, security alarms, safes for storage of documents and money, cash registers.
Article 17. (Art. 1 repealed in part in the new wording of article 17-the Federal law from 16.10.2006 N 160-FZ), chap. III. LICENSING of production and CIRCULATION of ethyl alcohol, of ALCOHOLIC and alcohol-containing PRODUCTS Article 18. Activities subject to licensing

1. the production and circulation of ethyl alcohol, of alcoholic and alcohol-containing products, with the exception of retail sale of alcoholic and non-food alcohol-containing products, is carried out only by legal persons irrespective of their form of ownership, based on licenses issued by the authorized by the Government of the Russian Federation, federal bodies of executive power and operating throughout the territory of the Russian Federation (Federal licenses), as well as licenses issued by the State authority, certain law of a constituent entity of the Russian Federation and acting on the territory of the Russian Federation or within the territories of the other constituent entities of the Russian Federation, with which this constituent entity of the Russian Federation that issued the license, has the appropriate agreement.
2. Licences are issued on the implementation of the following activities: production, storage and delivery of ethanol produced, including denatured alcohol;
production, storage and delivery of the produced alcohol and alcohol-containing food products;
purchase, storage and export of ethyl spirit and alcoholic products;
storage of ethyl alcohol, of alcoholic and alcohol-containing food products;
purchase, storage and supply of alcohol and alcohol-containing food products;
export of alcoholic beverages;
import, storage and supply of ethanol, alcohol and alcohol-containing food products;
production, storage and supply of non-food alcohol-containing products, as well as other types of productive activities, which as raw or auxiliary material used is ethyl alcohol;
retail sale of alcoholic beverages.
3. Licensing of production and trafficking are to be made of ethyl alcohol, of alcoholic and alcohol-containing products for each supplied or available in retail sight manufactured products referred to in article 2 hereof.
4. A license for carrying out activities referred to in paragraphs fourth-eighth paragraph 2 of this article shall be issued separately on ethyl alcohol, alcohol and spirtosoderzhashhuju food products.
5. A licence to manufacture and trafficking originating ethyl alcohol and alcohol production are granted only to organizations who have the equipment that meets the requirements of article 8 hereof.
6. Federal licenses are issued at: ethyl alcohol, of alcoholic and alcohol-containing food products, with the exception of retail sale of alcoholic beverages;
production and trafficking originating ethyl alcohol, of alcoholic and alcohol-containing food products with a production capacity or volume specified traffic in terms of absolute alcohol more than 0.02 million decalitres per year;
production and turnover of alcoholic and alcohol-containing manufactured food products containing ethyl alcohol of more than 15 per cent of the finished product.
7. Subjects of the Russian Federation licences are issued on: production and trafficking originating ethyl alcohol, of alcoholic and alcohol-containing food products, processing of ethyl alcohol, of alcoholic and alcohol-containing products that do not meet state standards and technical conditions in accordance with paragraph 4 of article 25 hereof, recycling of ethyl alcohol production with a production capacity and the amount of specified traffic in terms of absolute alcohol not more than 0.02 million decalitres per year;
production and trafficking of alcohol and alcohol produced food products containing ethyl alcohol not more than 15 per cent of the finished product.
8. Licenses for carrying out activities referred to in paragraph 2 of this article, except for the activities referred to in the ninth and tenth paragraphs shall be given in the manner prescribed by this federal law.
9. License to carry out the activities specified in the paragraph of paragraph 2 of this article ninth shall be given in the manner prescribed by the Government of the Russian Federation. These licenses are issued accordingly authorised by the Government of the Russian Federation Federal Executive authorities and authorised bodies of the constituent entities of the Russian Federation.
10. Licences for the retail sale of alcohol shall be issued by the entities of the Russian Federation in the rules they establish subject to the provisions of this federal law. Authority for the licensing of retail sale of alcoholic beverages can be transferred to the subject of the Russian Federation, bodies of local self-government, in accordance with article 7 of this federal law.
Article 19. The procedure for issuing licenses and State registration 1. To obtain a licence to exercise one of the activities associated with the production of ethyl alcohol, of alcoholic and alcohol-containing products, referred to in paragraph 2 of article 18 hereof, the Organisation (the applicant) in licensing authority the following documents shall be presented:

licence application with indication of the name and legal form of legal entity, its location, name of Bank and non current account with the Bank; the licensed activity, which the organization intends to undertake, and the period during which the specified activity;
copies of constituent documents and a copy of the certificate of State registration of the applicant as a legal person (with the presentation of originals if copies not notarized);
help for registration of the applicant with the tax authority;
document certifying payment of the fee for the licence;
reference from the tax body confirming that the applicant in arrears in the payment of taxes and fees;
consent in writing of the authority, an authorized entity of the Russian Federation on the territory of which will be the organisation or its structural unit conducting production and (or) storage of ethyl alcohol, of alcoholic and alcohol-containing products (for obtaining federal licences), in accordance with paragraph 11 of this article;
documents on technical and metrological equipment of organization, availability of certified equipment, confirming the capability to manufacture, store, ethyl alcohol, alcohol and spirtosoderzhashhuju products that meet state standards, implement state monitoring of the actual production volume of ethyl alcohol, of alcoholic and alcohol-containing products, ensure their sale;
a copy of the newsletter of the Federal Executive Body in the field of statistics for the inclusion in the unified State Register of enterprises and organizations;
the conclusion of the internal affairs authorities on equipment organization and (or) structural units engaged in the production and (or) storage of ethyl alcohol, alcohol or alcohol-containing products, burglar alarm and fire alarm systems;
the positive conclusion of the specially authorized State bodies on the conformity of production and storage facilities Organization (applicant) sanitary-epidemiological, fire, environmental standards and requirements, as well as safety requirements;
document confirming the technical competence (accreditation), the laboratory of chemical and technological control of the production of ethyl alcohol, of alcoholic and alcohol-containing products, or contract with such a laboratory to conduct the specified control;
document on registration of the main technological equipment for production of ethanol and (or) alcohol products issued in accordance with paragraph 3 of article 8 hereof.
Demand from the Organization of documents not provided for in this paragraph, is not allowed.
2. In order to obtain a licence to exercise one of the activities related to trafficking, with the exception of retail sale, ethyl alcohol, of alcoholic and alcohol-containing products and under paragraph 2 of article 18 hereof, the organization is in the licensing authority the documents referred to in paragraph 1 of this article, except for the documents stipulated by paragraphs eighth, twelfth, thirteenth paragraph 1 of this article, as well as paragraph eleventh item 1 of this article in part the requirements to submit a positive conclusion, specially authorized State body in the field of environmental impact assessment for areas designed for storing alcohol products.
3. the Organization, which has a licence to engage in one of the activities referred to in paragraph 2 of article 18 of this federal law, upon receipt of a license for carrying out another activity, except for activities related to the production, is the only licensing authority licence application, certifying payment of the fee for the license document and certificate of the tax authority the applicant had no arrears in the payment of taxes and fees.
4. The license for the production and turnover of ethyl alcohol, of alcoholic and alcohol-containing products, issued by a legal person, apply to the activities of its constituent subdivisions.
5. all documents submitted for obtaining a licence for the production and turnover of ethyl alcohol, of alcoholic and alcohol-containing products are registered and are subject to testing by the licensing authority.
Authorized by the Government of the Russian Federation Federal Executive Authority conducts consolidated state register of issued licenses, suspended licenses, and license revocation. Consolidated state register included Federal licenses and representations of subjects of the Russian Federation issued their license.

6. Decision on granting licenses for the production and circulation of ethyl alcohol, of alcoholic and alcohol-containing products or refusing her extradition is made within 30 days from the date of receipt of the application with all the necessary documents. In case of need for further examination of this period may be extended for a period, but not longer than 30 days.
The decision to license or reject her extradition indicating the reasons for rejection shall be sent to the applicant in writing within three days after its adoption.
7. Licences for the production and circulation of ethyl alcohol, of alcoholic and alcohol-containing products may be denied: when identifying the documents submitted false or distorted information, as well as in case of inconsistency between the conditions of activity and status of the applicant entity established by this federal law licensing requirements;
in case of violation of the requirements of article 8 hereof.
8. In the case of reorganization, the company's name change or loss of license for the production and circulation of ethyl alcohol, of alcoholic and alcohol-containing products, the Organization owes to a fifteen period to apply for re-issuance of the license.
Reissue license shall be conducted in accordance with the procedure established for the receipt.
Before the renewal of the license, the organization can carry out activities on the basis of a previously issued license. In case of loss of the new license is issued on the basis of previously submitted documents if their period of validity has not expired, and statements about the loss of license.
9. Licenses for the production and circulation of ethyl alcohol, of alcoholic and alcohol-containing products are issued for a term of not less than three years. The period of validity of the licence may be renewed at the request of the applicant. Such a licence at the request of the applicant may be issued and for a period of less than three years.
10. All other conditions being equal, priority right to obtain licences for the production and circulation of ethyl alcohol, of alcoholic and alcohol-containing products belongs to organizations using local resources, applying green technology, producing competitive products.
11. Decision on granting federal license is accepted subject to harmonization of this question by the (applicant) with the relevant authorities of the constituent entities of the Russian Federation in the territories which will be the Organization and (or) its structural units engaged in the production and circulation of ethyl alcohol, of alcoholic and alcohol-containing products.
12. For issuance of licenses for carrying out activities referred to in paragraph 2 of article 18 hereof, with the exception of the activities envisaged in paragraphs ninth and tenth paragraph 2 of that article, a fee in the amount and pursuant to the procedure established by federal law.
Article 20. Suspension, renewal, termination and revocation of licences 1. The license for the production and circulation of ethyl alcohol, of alcoholic and alcohol-containing products may be suspended by a decision of the licensing authority based on materials submitted by bodies engaged in monitoring and overseeing the implementation of this federal law, as well as on the initiative of the licensing authority within its jurisdiction in the following cases: the failure of the Organization regulations licensing body on Elimination of violations of license conditions;
failure to submit the statement within the prescribed time-limit on reissuing licenses;
(Article repealed in part 1 paragraph 1 of the fourth paragraph of article 20-federal law 18/N 218-FZ) within the prescribed time limit for non-payment of fees for holding the annual surveys of organizations for compliance with this federal law the conditions necessary for the implementation of licensed activities;
non-compliance with minimum prices on alcohol;
the use of technological equipment and spirtohranilishh in an organization that produces ethyl alcohol from food raw material, for production and storage of non-food products of appointment except for the main production waste;
the use of technological equipment for production of alcohol for production of non-food destination, except for the main production waste;
the use of technological equipment for production of ethyl alcohol and alcohol production, not equipped with spirtoizmerjajushhimi devices;
the use of registered trademarks, as well as of inventions and industrial designs protected by patents, following the entry into force of the decision of the Court of Justice on the illegality of their use.
The license shall be suspended for the time necessary to eliminate irregularities. Specified period may not exceed six months. If, within the prescribed time limit, the applicant has not removed the mentioned circumstances, the licensing authority must apply to the Court a statement of cancellation of license.

The licensing authority within a period of not more than seven days from the date of adoption of the decision on the suspension of the license carries out residue removal of finished products, raw materials and semi-finished products used for its production, as well as the sealing equipment and communications in order to eliminate the production and sale of ethyl alcohol, of alcoholic and alcohol-containing products.
Upon receipt from the organization statement on Elimination of the circumstances which led to the suspension of a licence, the licensing authority, after the license is obliged within a period of not more than 20 days to decide on the renewal of the license or refusal to resume its activity.
Adopted by the licensing authority the decision on suspension of the license may be appealed in court.
2. A license for production and turnover of ethyl alcohol, of alcoholic and alcohol-containing products may be terminated on the basis of the application the applicant or upon the expiration of such licence.
3. The license for the production and circulation of ethyl alcohol, of alcoholic and alcohol-containing products may be cancelled by a court decision based on statements by the licensing authority.
Grounds for termination of this license by judicial procedure is: detection of incorrect data in the documents submitted to obtain such a license;
production of ethyl alcohol and alcohol production without State registration items the specified products;
supply of ethanol to consumers who do not have the relevant licences and quotas for the purchase of ethanol;
trafficking in alcoholic beverages without excise stamps and special stamps or with fake stamps;
the supply of alcohol and alcohol-containing food products to organizations that do not have statutory licenses;
failure to comply with the decisions of the licensing body for the suspension of the licence;
repeated within one year post inaccurate information in the declarations on the scope of production and circulation of ethyl alcohol, of alcoholic and alcohol-containing products or reuse within a one-year delay in submission of these declarations in the licensing authority;
diversion of quotas for the purchase of ethanol, produced from non-food raw materials;
manufacture of products not conforming to state standards;
production and turnover of ethyl alcohol, of alcoholic and alcohol-containing products on a contractual or bezdogovornoj basis for organizations that do not have corresponding licenses;
reuse license suspension for committing the same violation within one year;
failure to submit to the licensing authority the possibility to conduct a survey of the Organization for compliance with licensing requirements, control over the operation of spirtoizmerjajushhih equipment and withdrawal from them indicators;
operation of the main technological equipment in the absence of or damage to seals on communications or spirtoizmerjajushhih devices, sealed (sealed) by the licensing authority;
failure within the prescribed time-limit the circumstances leading to the suspension of a license.
Pending the entry into force of the Court decision into legal force, the licensing authority may suspend the licence.
4. the decision on the suspension of licenses for the production and trafficking of ethyl alcohol, of alcoholic and alcohol-containing products or about the direction of the Court for the annulment of such a licence shall be communicated to the applicant by a licensing body in writing and reasoned justification for not later than three days from the date of adoption of the decision.
Article 21. Features of licensing of export and import alcoholic and alcohol-containing food products 1. Export licences for alcohol and alcohol-containing products, as well as licences for the import, storage and supply of alcohol and alcohol-containing food products are issued by organizations and give them the right to import and export all types of alcohol and alcohol-containing food products.
2. import, storage and delivery of alcoholic beverages should be granted only to organizations with paid authorized capital in the amount of not less than 40 000 set by federal law, the minimum wage and carrying out deliveries of alcoholic products is not less than one year (turnover of imported alcoholic products is not less than 50 thousand decalitres per year in terms of absolute alcohol). In case of reorganization of a legal entity shall be entitled to receive its successor license for carrying out these activities. The successor does not apply the requirement in part the need to supply alcoholic beverages not less than one year. The requirement in part the need to supply alcoholic beverages not less than one year does not apply also to subsidiaries, the founders of which meet all the conditions for obtaining a licence for the importation, storage and delivery of alcoholic beverages.

3. One-time licenses are issued to organizations on the export, import, storage and supply of alcohol and alcohol-containing food products in volume of no more than 500 decalitres in terms of absolute alcohol, the customs value of which does not exceed 100 thousand stipulated by the Federal law, the minimum wage for a period of up to five months.
Article 22. The procedure for appeal against the decision of the licensing authority licensing body may be appealed by the applicant at the licensing authority and (or) in court. For consideration of the complaint by the treatment of the applicant may be an independent expert Commission with participation of the applicant, the representatives of licensing bodies and independent experts for examination. Provisions on commissions approved respectively by the Government of the Russian Federation and bodies of executive power of the constituent entities of the Russian Federation, within the limits of their competence.
CHAPTER IV. MONITORING COMPLIANCE with THIS FEDERAL LAW and RESPONSIBILITY for ITS BREACH of Article 23. Organization of State monitoring of compliance with this federal law, State control over the production, trafficking and abuse of ethyl alcohol, of alcoholic and alcohol-containing products are specifically authorized by the Government of the Russian Federation Federal body of executive power, bodies of executive power of the constituent entities of the Russian Federation and bodies of local self-government, within the limits of their competence and includes: monitoring of compliance with the conditions of validity of the licences for the production and circulation of ethyl alcohol, of alcoholic and alcohol-containing products;
monitoring of the allocation of quota for purchasing organizations of ethyl alcohol and their intended use;
monitor the submission of declarations on the scope of production and turnover of ethyl alcohol, of alcoholic and alcohol-containing food products, as well as the submission of declarations on the use of ethanol;
control over compliance with the requirements for the equipment for the production of ethyl alcohol, of alcoholic and alcohol-containing products, compliance with State standards and technical conditions for ethanol, alcohol and spirtosoderzhashhuju products and raw materials for their production;
quality control and production of ethyl alcohol, of alcoholic and alcohol-containing products;
control over the export, import and purchase on the territory of the Russian Federation of ethyl alcohol, of alcoholic and alcohol-containing food products;
monitoring of denaturirovaniem ethyl alcohol;
annual survey of organizations licensing authority for compliance with this federal law the conditions necessary for the implementation of the licensed activities.
Article 24. Public monitoring of compliance with this federal law 1. Public monitoring of compliance with this federal law shall be carried out by citizens and public associations.
2. State bodies and officials shall be obliged to assist citizens and voluntary associations in carrying out the relevant checks, infringements of this federal law and within ten days notify the applicants of the decisions adopted.
3. In order to analyse the possible socio-economic consequences of legislative initiatives to regulate the production and circulation of ethyl alcohol, of alcoholic and alcohol-containing products, practice of application of the legislation and the formulation of relevant recommendations can be established consultative and expert advice on the federal legislative and executive power, the legislative and executive authorities of the constituent entities of the Russian Federation. Provision of consultative and Advisory Council shall be approved by the authority, to adopt a decision on the establishment of such a Council.
Article 25. Seizure of illicit trafficking and confiscation of ethyl alcohol, of alcoholic and alcohol-containing products 1. Seizure of illicit trafficking on the basis of decisions of Commissioners in accordance with the legislation of the Russian Federation bodies shall be ethyl alcohol, alcohol and spirtosoderzhashchaja products, if they are implemented without appropriate licenses;
without certificates of conformity;
without markings excise stamps or special marks, except the implementation of ethyl alcohol and alcohol-containing products, as well as in the cases prescribed by law, or marked with forged stamps;
without conformity to state standards and specifications;
with its composition of ethyl alcohol produced from non-food material or has denaturirujushhie additives, with the exception of alcohol of non-food products;
as beshozjajnoe property;
without documents confirming the legality of the production and trafficking of such products.
2. Seizure and confiscation of ethyl alcohol, of alcoholic and alcohol-containing products, illicitly trafficked, are carried out in accordance with the legislation of the Russian Federation.
3. storage of seized alcohol, alcoholic and alcohol-containing products is carried out at the locations identified by the decision of the authorities, which was removed.

4. The confiscated alcohol, alcohol and spirtosoderzhashchaja products that do not meet state standards and specifications, as well as alcoholic drinks containing ethyl alcohol in its composition, produced from non-food raw materials, or with denaturirujushhie additives, can be recycled on a contractual basis in ethyl alcohol for technical purposes or spirtosoderzhashhuju nepishhevuju products. If you cannot carry out such processing the confiscated alcohol, alcohol and spirtosoderzhashchaja products must be destroyed.
Article 26. Restrictions on the production and trafficking of ethyl alcohol, of alcoholic and alcohol-containing products 1. In the field of production and turnover of ethyl alcohol, of alcoholic and alcohol-containing products are prohibited: use ethyl alcohol produced from non-food raw materials and non-food alcohol-containing products for the preparation of alcoholic and alcohol-containing food products;
production of ethyl alcohol spirtoizmerjajushhih without control devices;
production of alcoholic beverages without alcohol-containing fluids counters that measure the concentration and amount of absolute alcohol in the finished product;
production of ethyl alcohol, denatured alcohol, alcohol and alcohol denatured products without State registration items the specified products;
retail sale of alcohol, except in the case provided for in paragraph 4 of article 16 hereof;
sales of ethyl alcohol organizations without relevant licenses or not having quotas for its purchase or sale of ethyl alcohol in excess of specified quotas;
circulation of ethyl alcohol and alcohol production without registration documents confirming the legality of their production and trafficking;
realization of alcoholic products without certificates of conformity, either without marking the excise stamps or special marks, or marked with forged stamps;
delivery of alcoholic products in packaging that doesn't match the requirements of State standards;
renting out the main technological equipment for the production of ethyl alcohol and alcohol production;
barter contracts, if the goods being traded is ethyl alcohol, alcoholic beverages or spirtosoderzhashchaja products. Prisoners in such a case, the contracts are considered to be negligible;
distortion and (or) failure to submit a declaration within the prescribed time-limits on the level of the production or turnover of ethyl alcohol or alcoholic beverages;
violation of the statutory regulations for the sale of alcoholic beverages.
2. in addition to the limitations prescribed by this federal law in the field of production and circulation of ethyl alcohol, of alcoholic and alcohol-containing products, other limitations may be applied only to federal law.
3. Officials and citizens who violate the requirements of this federal law, shall be liable in accordance with the legislation of the Russian Federation. "
Article 2. This federal law shall be put into effect from the day of its official publication.
Second paragraph of paragraph 2 of article 8 and paragraph four of article 26, paragraph 1 of the Federal law "on State regulation of production and turnover of ethyl alcohol, of alcoholic and alcohol-containing products effective from January 1, 2000 year.
Article 3. The President of the Russian Federation to bring its legal acts in compliance with this federal law.
Invite the Government of the Russian Federation to bring its legal acts in compliance with this federal law.
The President of the Russian Federation, b. Yeltsin, Kremlin, Moscow, N 18 January 7, 1999-FZ