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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"

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RUSSIAN FEDERATION FEDERAL LAW On introducing amendments and additions to Federal Law " On State regulation of production and turnover of ethyl alcohol and alcohol " Adopted by the State Duma on 17 December 1998 Approved by the Federation Council on 23 December 1998 (In the wording of federal laws 16.10.2006 N 160-FZ; of 30.12.2008 N 313-FZ; dated 18.07.2011 N 218-FZ Article 1. Amend the federal law "On State regulation of production and trafficking of ethyl alcohol and alcohol" OF THE PRESIDENT OF THE RUSSIAN FEDERATION 4553; 1997, N 3, est. 359), as follows: " FEDERAL LAW On State regulation of production and turnover of ethyl alcohol, alcohol and alcohol-containing products CHAPTER I. GENERAL PROVISIONS Article 1. Scope of this Federal Law 1. This Federal Law sets out the legal bases for industrial production and turnover of ethyl alcohol, alcohol and alcohol-containing products in the Russian Federation. State regulation in the field of industrial production and turnover of ethyl alcohol, alcoholic and alcohol-containing products is aimed at protecting the economic interests of the Russian Federation, providing for the needs of consumers in of the said products, as well as to improve its quality and to monitor compliance with legislation, regulations and rules in the regulated area. 2. This Federal Act applies to the relations to which legal persons (organizations) are members, irrespective of their legal and organizational forms and forms of ownership, as well as citizens engaged in entrepreneurial activities. Retail sales of alcoholic and alcohol-containing products. 3. This Federal Act does not apply to: activities of citizens (natural persons) who do not produce products containing ethyl alcohol; Activities related to production and Drug trafficking, curative and prophylactic measures, diagnostic tools containing ethyl alcohol, registered by the authorized federal executive body and registered in the State Register of Medicinal Products medical appointments, as well as the activities of the pharmacy institutions, related to the manufacture of individual recipes, including homeopathic drugs, veterinary preparations, perfumery and cosmetic products, which have been registered in federal authorities The executive branch. Article 2: Basic concepts used in this Federal Law For the purposes of this Federal Act, the following basic concepts are used: ethyl alcohol-alcohirt produced from of food or non-food raw materials by means of a spirit of distillation or hydratination of ethylene with or without conversion; ethyl ethyl denturated (denaturat)-ethyl alcohol, containing additives of the dye or for the use of special substances Production of alcoholic and alcohol-containing food; alcohol-containing denatured products-products containing dye additives or special substances that preclude its use in production Alcoholic and alcohol-containing food; alcohol-containing non-food products-non-food products and alcohol-containing products; solutions, emulsions, suspension and other non-food products), produced using ethyl alcohol, denaturrate or alcohol containing ethyl alcohol with ethyl alcohol content of more than 1.5% of the volume of finished products; alcohol-containing food-food Products (including any solution, emulsion, suspension and other food products, excluding alcoholic beverages), produced using ethyl alcohol produced from food, with more than 1.5 ethyl alcohol content % of finished products; alcoholic Products-food produced using ethyl alcohol produced from food raw materials, with more than 1.5% of the volume of finished products with ethyl alcohol content. Alcoholic products are divided into the following types: ethyl drinking alcohol, alcohol, wine (except beer, production and turnover regulated by a separate federal law); protifid ethyl alcohol produced from food raw material, divorced water up to 95 percent of the volume of finished products; spirits-alcoholic beverages, which are produced using ethyl alcohol, produced from food raw materials, and does not belong to wine or beer; wine- Alcoholic products produced from food raw ethyl ethanol, not more than 22 per cent of finished products; wine materials for the manufacture of wine resulting from the production of wine The spirit of the spirit of the vineyards, the grape mezgi or the fruit juice with the addition of ethyl alcohol produced from the food raw materials, with no more than 22.5% of the volume of finished products; cognac products-brandy (brands), which are varieties Alcoholic beverages; alcohol without water (100%)-a conditional concept applied in the calculation; industrial production (later production) ethyl alcohol, alcohol and alcohol-containing products-production of such goods by a legal entity in excess of the requirements of own production for sale and profit; turnover-purchase (including imports), supply (including exports), storage and retail sale. Article 3. Legislation on State regulation production and turnover of ethyl alcohol, alcohol and alcohol-containing products legislation on state regulation of production and turnover of ethyl alcohol, alcohol and alcohol-containing products consist of this Federal Law, other federal laws and regulations of the Russian Federation, as well as the laws and other normative legal acts adopted in accordance with them THE RUSSIAN FEDERATION Article 4. State monopoly of production and/or production of ethyl alcohol, alcohol and alcohol-containing products State monopoly of production and (or) trafficking of ethyl alcohol, alcoholic and The alcohol containing products on the territory of the Russian Federation may be introduced by federal law. Article 5. Subjects of the Russian Federation in the field of production and turnover of ethyl alcohol, alcohol and alcohol-containing products To the Russian Federation in the field of ethyl alcohol production and trafficking, Alcoholic and alcohol-containing products include: Price regulation of ethyl alcohol, alcoholic and alcohol-containing products (setting of minimum prices for individual alcoholic drinks); Export regulation, Import of ethyl alcohol, alcohol and alcohol-containing products; Define the quotas for the purchase of ethyl alcohol needed to meet the needs of the Russian Federation and the constituent entities of the Russian Federation; Spirits, alcohol and alcohol-containing products; introduction of compulsory labelling of excise stamps or special stamps produced and sold on the territory of the Russian Federation; introduction of types of excise products and excise duties on ethyl alcohol, Alcoholic and alcohol-containing products; setting state standards and approval of technical conditions in the field of production and trafficking of ethyl alcohol, alcohol and alcohol-containing products; definition of species The activities to be licensed, the procedure for issuing licenses for the production and trafficking of ethyl alcohol, alcohol and alcohol-containing products, as well as the issuance of federal licences for the production and trafficking of ethyl alcohol, alcohol and alcohol Alcohol-containing products; (Article 1 was no more effective in the tenth paragraph of Article 5-Federal Law of 18 July 2011. N 218-FZ organization and implementation of state accounting and reporting in the field of production and trafficking of ethyl alcohol, alcoholic and alcohol-containing products; establishing procedures for the submission of declarations Production and turnover of ethyl alcohol, alcohol and alcohol-containing products; definition of measures to protect the health and rights of consumers of ethyl alcohol, alcohol and alcohol-containing products, including establishment accreditation of organizations licensed to Purchase, storage and supply of alcoholic and alcohol-containing food products; (Article 1 is no more effective in the wording of the new paragraph of Article 5 of Article 5-Federal Law dated 30.12.2008 N 313-FZ) (Article 1 is no longer valid as part of the new paragraph of the fifteenth article 5-Federal law from 30.12.2008 N 313-FZ) development and adoption of federal targeted programs in the field of ethyl alcohol, alcohol and alcohol-containing products, as well as measures to eliminate unfair practices Competition, protection of the environment; other issues related to the production and trafficking of ethyl alcohol, alcohol and alcohol-containing products, which are under the jurisdiction of the Russian Federation by other federal laws. Article 6. The objects of joint responsibility of the Russian Federation and the constituent entities of the Russian Federation in the field of production and turnover of ethyl alcohol, alcoholic and alcohol-containing products 1. The subjects of joint responsibility of the Russian Federation and the constituent entities of the Russian Federation in the field of production and trafficking of ethyl alcohol, alcohol and alcohol-containing products are: the definition of quotas for the purchase of ethyl alcohol; In order to meet the needs of the relevant constituent entity of the Russian Federation in ethyl alcohol; allocation of quotas for the purchase of ethyl alcohol among the organizations, based on the scope of the approved quotas; State registration of issued, suspended and cancelled Licenses for the production and turnover of ethyl alcohol, alcohol and alcohol-containing products; Establishment and implementation of a set of measures to regulate the supply and retail sale of alcoholic beverages in order to protect health and life Citizens, including accreditation of organizations licensed for the purchase, storage and supply of alcohol and alcohol-containing products; State monitoring of compliance by organizations with the legislation governing the Production and turnover of ethyl alcohol, alcoholic and alcohol-containing -products, as well as the conditions under license to carry out the activities defined by this Federal Law; make proposals for the development and implementation of joint programmes of production and trafficking of ethyl Spirits, alcohol and alcohol-containing products; State control over the quality, volume of production and turnover of ethyl alcohol, alcohol and alcohol-containing products, including through the introduction of special protective equipment Retail sales of alcoholic beverages In accordance with article 12, paragraph 4, of this Federal Law; control the presence and operation of control devices, as well as counters of alcohol containing fluids measuring concentration and volume (...) (...) 2. of the Russian Federation and the joint responsibility of the Russian Federation and the constituent entities of the Russian Federation, the constituent entities of the Russian Federation are exercising their own legal regulation in the field of ethyl alcohol production and trafficking, Alcohol and alcohol-containing products. Article 7. The powers of local governments in the field of production and turnover of ethyl alcohol, alcohol and alcohol-containing products 1. The local authorities shall, within the limits of their competence, supervise the observance of the legislation concerning the retail sale of alcohol and its quality. 2. Local governments may be given statutory powers in the production and turnover of ethyl alcohol, alcohol and alcohol-containing products with the transfer of the material and material necessary for their implementation. Financial resources. Chapter II. MANUFACTURING REQUIREMENTS FOR PRODUCTION AND WORKING CAPITAL, ALCOHOLIC PRODUCT, ALCOHOLIC PRODUCT Article 8. Responsibilities of organizations using equipment for the production of ethyl alcohol and alcohol products 1. Organizations which manufacture ethyl alcohol and alcohol products and use equipment manufactured in the territory of the Russian Federation and outside the territory of the Russian Federation are obliged to have Equipment of the certificate of conformity and positive conclusion of the state ecological expertise, issued in accordance with the procedure established by the legislation of the Russian Federation. 2. The apparatus for the production of ethyl alcohol shall be equipped with a control device. The equipment for the production of alcoholic beverages should be equipped with meters of alcohol containing liquids measuring the concentration and volume of absolute alcohol in finished products. These instruments and counters shall have certificates issued in the manner determined by the legislation of the Russian Federation and be sealed by the authority that issued the licence for the production of ethyl alcohol and (or) alcohol. 3. The main technological equipment for the production of ethyl alcohol and (or) alcoholic beverages is subject to state registration in accordance with the procedure established by the Government of the Russian Federation. The Registration of basic technological equipment for the production of ethyl alcohol and (or) alcoholic beverages is carried out only if it is transferred in accordance with the procedure established by law of another organization. 4. The fee for registration of basic technological equipment for the production of ethyl alcohol and alcohol should not exceed 10 statutory minimum wage levels. 5. The use of newly introduced (new or after major repairs) or modernized basic technology equipment for ethyl alcohol production is permitted only if the equipment is fully operational to recycle or dispose of the main waste of alcohol production (bard) and the positive conclusion of the state ecological expertise. The requirement does not apply to the main technological equipment for the production of ethyl alcohol with the capacity of not more than 100 deciliters of ethyl alcohol per day, per non-water alcohol, the main waste of which is consumed Stockbreeding. 6. The main technological equipment for the production of ethyl alcohol and alcohol is not allowed to be leased. 7. Actions aimed at reducing the share of the share of the state in the share capital of joint-stock companies engaged in the production of ethyl alcohol are not allowed. Article 9. Ethyl alcohol trafficking 1. The purchase and supply of ethyl alcohol for federal state needs are carried out on the basis of the legislation of the Russian Federation on the supply of products for federal state needs by organizations with equipment for storage and Ethyl alcohol leave, as well as quality control laboratories. 2. Purchases of ethyl alcohol are only allowed to organizations within the limits of their purchase quotas. 3. The supply of ethyl alcohol to satisfy the needs of the constituent entity of the Russian Federation is permitted within the limits given to that subject of the Russian Federation. 4. The export and import of ethyl alcohol shall be carried out only by unitary enterprises or economic societies in which the State owns at least 51 per cent of the shares (shares) and which have the relevant licence to perform such activities. Article 10. Establishment of quotas for the purchase of ethyl alcohol 1. The purchase of ethyl alcohol is determined on the basis of the balance of its production and consumption taking into account the declared needs of the Russian Federation and the constituent entities of the Russian Federation. The total amount of quotas on ethyl alcohol used for the production of alcoholic beverages consumed in the domestic market of the Russian Federation should not exceed the same figure of the previous year by more than 10 per cent. 2. The Quotas for the purchase of ethyl alcohol are issued to the organizations, subject to the legal licenses for ethanol-related activities. 3. The priority right to quotas for the production or consumption of ethyl alcohol is provided by organizations working on resource-efficient, environmentally sound technologies. 4. The Government of the Russian Federation sets out the procedure for determining the quotas for the purchase of ethyl alcohol. Article 11. Conditions for the production and turnover of alcohol and alcohol containing food 1. The production and turnover of alcoholic and alcohol-containing food products are carried out by the organizations, subject to the availability of appropriate licenses. 2. It is permissible to use ethyl alcohol produced only from food raw materials for the production of alcoholic and alcohol-containing food products. 3. Alcoholic products in the retail sale in the Russian Federation are accompanied by information in the Russian language, which should contain information on: the name of alcohol products; products; name of producer (legal address); country of origin of alcoholic beverages; certification of alcohol products; State standards whose requirements are alcoholic product must match; capacity alcoholic beverages in consumer packages; names of the main ingredients that influence the taste and aroma of alcohol; content of harmful substances relative to compulsory requirements State standards and contraindications to its application; date of manufacture and duration of use or end date of use. The information is communicated to the consumers in accordance with the procedure established by the Government of the Russian Federation. Article 12. Taxation and labelling of alcoholic beverages 1. The calculation and payment of taxes and duties on alcoholic beverages are made in accordance with the procedure laid down in the laws of the Russian Federation. 2. Alcoholic products with more than nine per cent of the volume of finished products, with the exception of alcoholic beverages supplied for export, are subject to mandatory labelling of excise stamps or special stamps. The Governments of the Russian Federation shall determine the marks, the order and the amount of their payment, and the rules of marking. " The stamp of the excise duty and the special mark for the labeling of alcoholic beverages are the documents of state reporting certifying the legality of the production and turnover in the territory of the Russian Federation production. 3. Alcoholic products, which do not permit the labelling of excise stamps or special stamps, shall be exempt from application in the manner prescribed by the Government of the Russian Federation, subject to the full payment of excise duties. 4. In order to protect themselves from forgery, the constituent entities of the Russian Federation may introduce special safeguard measures for retail selling of alcoholic beverages, taking into account the proposals of local authorities and suppliers. 5. For the correctness of the application and authenticity of the stamp of excise duty or special mark is the responsibility of the owner of alcohol (except for the person who has bought alcoholic beverages in the retail sale) in accordance with the law. of the Russian Federation. Article 13. Regulation of the export and import of alcohol products 1. The import from the customs territory of the Russian Federation or import into the customs territory of the Russian Federation of alcoholic beverages is carried out in the procedure provided for by the customs laws of the Russian Federation and organizations licensed for export or import, storage and supply of alcohol. 2. In the annual turnover of alcoholic beverages, the share of imported alcohol products (excluding wine, brandy products and beer), which is imported into the customs territory of the Russian Federation, should not exceed 10 percent of total alcohol consumption. The annual volume of alcohol sold in the territory of the Russian Federation. At the same time, the share of alcoholic beverages with no more than 15 percent of the volume of finished products should be at least 60 percent of the annual volume of alcoholic beverages imported into the customs territory of the Russian Federation. 3. The quality of alcoholic beverages imported into the customs territory of the Russian Federation should be not less than the quality of alcoholic beverages prescribed by state standards, technical conditions in the sphere of production and turnover of alcoholic beverages. production. 4. The procedure for regulating the import of alcoholic beverages and the control over the quality of the import into the customs territory of the Russian Federation of alcoholic beverages is established by the Government of the Russian Federation. Article 14. Presentation of declarations on the production volume and turnover of ethyl alcohol, alcohol and alcohol-containing food products alcoholic and alcohol-containing food products are obliged to submit declarations on the volume of their production and turnover. Organizations that purchase ethyl alcohol for the production of alcoholic and alcohol-containing products should also submit declarations on the use of ethyl alcohol. The Government of the Russian Federation determines the procedure for the submission of such declarations. Article 15. Accreditation of organizations carrying out the turnover to alcoholic and alcohol-containing food products 1. In order to control the quality and volume of alcohol and alcohol-containing food products, the Government of the Russian Federation establishes a uniform procedure for the accreditation of organizations licensed to purchase, store and supply Alcohol and alcohol-containing food products. 2. Subjects of the Russian Federation may carry out the accreditation of organizations in accordance with the uniform procedure for accreditation referred to in paragraph 1 of this article. Article 16. { \b Sales } { \b } { \b } { \b } The supply and retail sale of alcoholic beverages is carried out by organizations. Individual entrepreneurs conduct retail sales of alcohol products only if they are licensed. 2. Retail sales of alcohol products are not allowed: in children's, educational, cultural and medical institutions and adjacent territories; persons under 18 years of age; without Conformity certificates, excise stamps or special marks. 3. Retail sales of alcoholic beverages with more than 13 percent of the volume of finished products in mass gatherings of citizens and the presence of high risk sources (train stations, airports, metro stations, objects) are not allowed and its adjacent territories, as well as stalls, kiosks, tents, pavilions, containers not adapted for the sale of these products, wholesale food markets and the surrounding areas, c hands, trays, cars. The territory is determined by the local authorities in accordance with the procedure established by the constituent entities of the Russian Federation. 4. The production, supply and retail sale of drinking spirits are permitted only in areas of the Far North and similar localities in accordance with the list approved by the Government of the Russian Federation. 5. Retail sales of alcoholic beverages with more than 13% of the volume of finished products in the cities should have fixed trading and storage areas of a total area of at least 50 Square metres, security alarm, safe deposit boxes, cash registers. Article 17. (Article 1 is no more effective in the new version of Article 17-Federal Law of 16.10.2006). N 160-FZ CHAPTER III. LICENSE OF THE MANUFACTURE AND WORKING CAPITAL PERFORMANCE OF SULTANE, ALCOHOL AND SPIRT CONTAINES PRODUCTIVE Article 18. Activities to be licensed 1. The production and turnover of ethyl alcohol, alcoholic and alcohol-containing products, except for the retail sale of alcohol and non-food products, is carried out only by legal entities regardless of their forms of the Federal Government of the Russian Federation and the federal authorities operating throughout the territory of the Russian Federation (federal licences), as well as licenses issued by a body of State authority under certain legislation OF THE PRESIDENT OF THE RUSSIAN FEDERATION Relevant agreements. 2. Licences are issued for the following activities: production, storage and supply of produced ethyl alcohol, including denaturates; production, storage and supply of alcoholic and Alcohol-containing products; procurement, storage and export of ethyl alcohol and alcohol; storage of ethyl alcohol, alcohol and alcohol-containing food; procurement, storage and supply alcoholic and distillation of food; alcoholic beverages; import, storage and supply of ethyl alcohol, alcoholic and alcohol-containing food; production, storage and supply of alcohol-containing non-food products, as well as other types Production activities that use ethyl alcohol as raw materials or auxiliary material; retail sales of alcohol. 3. The production and turnover of ethyl alcohol, alcohol and alcohol-containing products are subject to licensing in each of the products supplied or sent to the retailer referred to in article 2 of the present report. Federal law. 4. Licences to carry out the activities referred to in paragraphs 4 to 8 of paragraph 2 of this article shall be issued separately for ethyl alcohol, alcohol and alcohol-containing foodstuffs. 5. Licenses for the production and trafficking of ethyl alcohol and alcohol are issued only to organizations which have equipment complying with the requirements of article 8 of this Federal Law. 6. Federal licences are issued on: Turnothyl alcohol, alcoholic and alcohol-containing food, except for the retail sale of alcoholic beverages; production and turnover of produced ethyl alcohol, Alcohol and alcohol-containing foods with a production capacity or volume of specified turnover, calculated on absolute alcohol more than 0.02 million deciliters per year; production and turnover of alcoholic and Alcohol-containing food with more than 15% ethanol Volume of finished products. 7. The subjects of the Russian Federation are licensed to: production and turnover of ethyl alcohol, alcoholic and alcohol-containing food products, processing of ethyl alcohol, alcoholic and alcohol-containing products, not The relevant State standards and technical conditions, in accordance with article 25, paragraph 4, of this Federal Act, the processing of waste produced by ethyl alcohol with the production capacity and the volume of specified turnover, Absolute alcohol not more than 0.02 million deciliters per year; Production and turnover of alcoholic and alcohol-containing food products containing no more than 15% of the volume of finished products. 8. Licences to carry out the activities referred to in paragraph 2 of this article, with the exception of the activities referred to in paragraphs 9 and 10, shall be issued in accordance with the procedure established by this Federal Law. 9. Licences to carry out the activities referred to in paragraph 9 of paragraph 2 of this article shall be issued in accordance with the procedure established by the Government of the Russian Federation. These licenses are issued by the federal executive authorities and authorized entities of the Russian Federation, respectively, by the Government of the Russian Federation. 10. Licences for the retail sale of alcoholic beverages are issued by the constituent entities of the Russian Federation in accordance with the procedure established by them, subject to the provisions of this Federal Law. The power to license the retail sale of alcoholic beverages may be transferred by the subject of the Russian Federation to the local self-government bodies in accordance with Article 7 of this Federal Law. Article 19. The procedure for issuing and publicregistering licenses 1. To obtain a licence to carry out one of the activities related to the production of ethyl alcohol, alcohol and alcohol-containing products referred to in article 18, paragraph 2, of this Federal Act, by the organization (the applicant) in the The licensing authority shall be provided with the following documents: The issuing of a licence, with the name and organizational and legal form of the legal entity, the location of the entity, the bank name and the bank account number of the bank account; the licensed activity that the organization intends to carry out, and the period during which the activity will be carried out; copies of the constituent documents and a copy of the certificate of State registration of the applicant as a legal person (with production of originals in the case of The copy is not certified by a notary; help to place the applicant on the tax authority; proof of payment fee for the license fee; tax authority's help about the applicant's absence tax and fee arrears; consent to OF THE PRESIDENT OF THE RUSSIAN FEDERATION products (for obtaining federal licences), in accordance with paragraph 11 of this article; documents on the technical and metrological equipment of the organization, the availability of certified equipment, confirming the ability to produce, Store ethyl alcohol, alcohol and alcohol State control of actual production of ethyl alcohol, alcohol and alcohol-containing products, ensure their sale; copy of the information A letter from the Federal Executive in the field of statistics on the inclusion in the Single State Register of Enterprises and Organizations; Internal Affairs of the Organization and (or) organizational units the production and/or storage of ethyl alcohol, Alcoholic or alcohol-containing products, security alarms and fire alarm systems; positive conclusions of specially authorized state bodies on conformity of production and storage Premises of the organization (applicant) of sanitary-epidemiological, fire-fighting, environmental standards and requirements, as well as safety requirements; proof of technical competence (accreditation) of the laboratory of Chemical and Technological Control of Production Ethyl alcohol, alcohol and alcohol-containing products, or a contract with such laboratory for carrying out the control; document on the registration of essential technological equipment for the production of ethyl alcohol and (or) Alcoholism, issued in accordance with article 8, paragraph 3, of this Federal Act. It is not permitted to require documents from the organization not covered by this paragraph. 2. To obtain a licence to carry out one of the activities related to turnover, except for retail sale, ethyl alcohol, alcohol and alcohol-containing products and provided for in article 18, paragraph 2, of this Federal Act, The organization shall submit to the licensing authority the documents referred to in paragraph 1 of this article, with the exception of the documents referred to in paragraphs 8, 12, 12, paragraph 1 of this article, and paragraph 11, paragraph 1, of this article. of this article in part of the requirement to submit a positive The conclusion of a specially authorized State body in the field of environmental expertise for storage of alcoholic beverages. 3. An organization licensed to carry out one of the activities referred to in article 18, paragraph 2, of this Federal Act upon obtaining a licence to carry out another activity, excluding those related to In this case, the Panel recommends no award of compensation for the claim. 4. The activity of the license for the production and turnover of ethyl alcohol, alcoholic and alcohol-containing products, issued to a legal person, covers the activities of its constituent units. 5. All documents submitted for obtaining a license for the production and turnover of ethyl alcohol, alcohol and alcohol-containing products are registered and subject to examination by the licensing authority. The federal executive authority of the Russian Federation shall maintain a consolidated state register of issued licences, suspended licences and revoked licenses. The consolidated State register includes federal licences and licenses issued by the constituent entities of the Russian Federation. 6. The decision to issue a license for the production and trafficking of ethyl alcohol, alcohol and alcohol-containing products or to refuse it is taken within 30 days from the date of receipt of the application with all necessary documents. If additional expertise is required, the period may be extended for a period of up to 30 days. The decision to grant or refuse a licence is issued to the applicant in writing within three days of its adoption. 7. The issuance of licences for the production and turnover of ethyl alcohol, alcohol and alcohol-containing products may be refused: if there is incorrect or distorted information in the documents submitted, as well as in case of non-compliance The conditions of the activity and the status of the applicant under the license requirements established by this Federal Law; in case of violation of the requirements of Article 8 of this Federal Law. 8. In case of reorganization, change of the name of the organization or loss of the license for the production and turnover of ethyl alcohol, alcoholic and alcohol-containing products, the organization is obliged to submit an application for the re-registration of the license within fifteen days. The license is reissued in the order that it is received. Before the license is reissued, the organization can operate under a previously issued license. In the event of loss, the new licence is issued on the basis of previously submitted documents, if their validity has not expired, and applications for loss of the licence. 9. Licences for the production and turnover of ethyl alcohol, alcohol and alcohol-containing products are issued for a period of not less than three years. Such a licence may be extended at the request of the applicant. Such a licence may, at the request of the applicant, be issued for a period of less than three years. 10. All other things being equal, the priority right to obtain licenses for the production and turnover of ethyl alcohol, alcohol and alcohol-containing products belongs to organizations using local resources that use ecological saving technologies, produce competitive products. 11. The decision to grant a federal licence is taken subject to the agreement of the organization (the applicant) with the relevant authorities of the constituent entities of the Russian Federation on whose territory the organization and (or) its organization will be located. Structural units producing and turnover of ethyl alcohol, alcohol and alcohol-containing products. 12. For the issuance of licences to carry out the activities referred to in article 18, paragraph 2, of this Federal Law, except for the activities set out in paragraphs 9 and 10 of paragraph 2 of this article, fees shall be charged in the amount and Order established by federal law. Article 20. Suspension, renewal, termination, license and revocation of the license 1. The license for the production and turnover of ethyl alcohol, alcohol and alcohol-containing products may be suspended by the decision of the licensing authority on the basis of the materials submitted by the monitoring and control authorities compliance with this Federal Act, as well as at the initiative of the licensing authority itself, in the following cases: failure by the organization to comply with the licensing authority's requirements for the elimination of breaches of conditions { \cs6\f1\cf6\lang1024 } License { \cs6\f1\cf6\lang1024 } { \b } License redesign; (Article 1 is no more effective in the paragraph of article 20, fourth paragraph 1-Federal Law 18/07/2011 N 218-FZ) No payment, within a fixed period of payment, for the organization's annual surveys of the conditions necessary for the implementation of licensed species activity; non-compliance with minimum prices for alcoholic beverages; the use of technology equipment and spirits in an organization producing ethyl alcohol, for production and Storage of non-foodstuffs, except for waste Production; use of production equipment for the production of non-food products, other than in the main production; use Technological equipment for the production of ethyl alcohol and alcohol products without alcohol-measuring devices; use of registered trademarks, as well as inventions and industrial designs protected Patents, after the entry into force of a court decision on illegality usage. The license action is suspended for the period required to resolve the detected violations. The specified time limit may not exceed six months. In the event that the applicant has not remedied the circumstances in the prescribed period, the licensing authority is required to apply to the court for the revocation of the licence. The licensing authority shall, within a period of not more than seven days from the date of its suspension, remove the remnants of finished products, raw materials and intermediate goods used for its production, as well as sealing Equipment and communications to eliminate the production and sale of ethyl alcohol, alcohol and alcohol-containing products. After receiving an application to eliminate the circumstances resulting in the suspension of the licence, the licensing authority suspended the licence, is obliged, within a period of no more than 20 days, to make a decision on renewal of the licence or refusal to renew its validity. The decision taken by the licensing authority to suspend the licence may be appealed to the courts. 2. The licence to manufacture and trade ethyl alcohol, alcohol and alcohol-containing products may be terminated on the basis of a statement made by the applicant himself or at the expiration of such licence. 3. The license for the production and turnover of ethyl alcohol, alcohol and alcohol-containing products may be cancelled by a court decision on the basis of a statement by the licensing authority. The basis for revocation of such a license is: Detection of untrusted data in documents submitted by the organization to obtain such a license; Ethyl alcohol production and alcoholic beverages without state registration of the named products; supply of ethyl alcohol to consumers without corresponding licenses and quotas for purchasing ethyl alcohol; Production without excise stamps and special stamps or with forged products Make: deliveries of alcoholic and alcohol-containing foods to organizations not licensed under the law; failure to comply with the licensing authority's decision to suspend the licence; one-year false information in declarations of production and turnover of ethyl alcohol, alcohol and alcohol-containing products, or rein one year, late submission of the said declarations to the licensing authority; Purchasing of ethyl alcohol produced from non-foodstuffs; production of products not in accordance with state standards; production and turnover of ethyl alcohol, alcoholic and alcohol-containing products on contractual or non-contractual basis for non-licensed organizations; repeat suspension of a licence for the same breach within one year; failure to submit the licensing authority to conduct a survey of the organization licensing requirements, control and removal of alcohol-measuring devices; Maintenance of essential technological equipment in the absence or damage to seals in communications or alcohol-measuring devices devices sealed (sealed) by a licensing authority; failure to remove within a specified period of time the circumstances resulting in the suspension of the licence. The licensing authority has the right to suspend the license until the court's decision becomes enforceable. 4. The decision to suspend the licence to manufacture and trade ethyl alcohol, alcohol and alcohol-containing products or to apply to the court for cancellation of such a licence shall be made by the licensing authority to the applicant in writing a form with a reasoned justification not later than three days from the date of the decision. Article 21. { \field { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \field { \cs6\f1\cf6\lang1024 } { { \cs6\f1\cf6\lang1024 } { { \cs6\f1\cf6\lang1024 } Licences for the export of alcoholic and alcohol-containing products, as well as licenses for the import, storage and supply of alcoholic and alcohol-containing food products are issued to the organizations and give them the right to export and import all types of alcoholic and alcoholic beverages. Alcohol-containing food. 2. Licences for the import, storage and supply of alcoholic beverages are issued only to organizations with paid authorized capital in the amount of at least 40 thousand of the minimum wage and minimum wage established by the federal law. alcoholic beverages at least one year (when the import of alcoholic beverages is not less than 50 thousand decaliters per year in absolute alcohol). In the case of reorganization of the legal entity, the legal successor shall be entitled to obtain licences to carry out these activities. At the same time, the legal successor does not apply the requirement for the supply of alcoholic beverages for at least one year. The requirement of a requirement for the supply of alcoholic beverages for at least one year does not apply to child organizations whose founders meet all of the above conditions to obtain an import, storage and import licence. -the supply of alcohol. 3. The licenses are issued to organizations for the export, import, storage and supply of alcoholic and distillates of food in the amount of not more than 500 decaliters in total alcohol, the customs value of which does not exceed 100 thousand. The minimum wage is set at the federal level for up to five months. Article 22. The procedure for appealing the decision of the licensing authority The decision of the licensing authority may be appealed by the applicant to the licensing authority and/or to the court. An independent expert commission with the participation of the applicant, representatives of licensing authorities and independent experts could be set up to review the complaint. The provisions on the expert commissions shall be approved by the Government of the Russian Federation and the executive authorities of the constituent entities of the Russian Federation, respectively, within the limits of their competence. CHAPTER IV. VERIFICATION OF COMPLIANCE BY THIS FEDERAL LAW AND RESPONSIBILITY FOR THE VIOLATION Article 23. Organization of State control over compliance with this Federal Law State control over the production and turnover of ethyl alcohol, alcoholic and alcohol-containing products is carried out by special OF THE PRESIDENT OF THE RUSSIAN FEDERATION to monitor compliance with license conditions The turnover of ethyl alcohol, alcohol and alcohol-containing products; control of the allocation of quotas for the purchase of ethyl alcohol and their intended use; and the turnover of ethyl alcohol, alcohol and alcohol-containing food products, as well as the presentation of declarations on the use of ethyl alcohol; Control of compliance with the requirements for ethyl alcohol production, Alcohol and alcohol-containing products, Standards and technical conditions of ethyl alcohol, alcohol and alcohol-containing products and raw materials for their production; control of the quality and volume of ethanol, alcohol and alcohol-containing products; Control of the export, import and purchase of ethyl alcohol, alcohol and alcohol-containing food in the territory of the Russian Federation; control of ethyl alcohol (ethyl alcohol); annual survey by the licensing authority of the organizations for conformity with the established The federal law requires the conditions necessary for the implementation of licensed activities. Article 24. Public control of compliance of this Federal Law 1. Public monitoring of compliance with this Federal Act is carried out by citizens and voluntary associations. 2. Public authorities and officials are obliged to assist citizens and public associations in carrying out relevant checks of violations of this Federal Act and to notify the applicants within 10 days of the decisions taken. 3. To analyse the possible socio-economic impacts of legislative initiatives on the regulation of production and trafficking of ethyl alcohol, alcohol and alcohol-containing products, legislation and development practices The relevant recommendations may be created by expert advice to the federal legislative and executive authorities, legislative and executive bodies of the constituent entities of the Russian Federation. The provision on the advisory and expert council shall be approved by the authority which decided to establish such a council. Article 25. Exemption from illegal traffic and confiscation of products ethyl alcohol, alcohol and alcohol 1. Extraction from illegal traffic on the basis of decisions of the competent authorities in accordance with the legislation of the Russian Federation is subject to ethyl alcohol, alcohol and alcohol-containing products if they are sold: without appropriate licences; without certificates of conformity; without labels of excise duty or special stamps, except for ethyl alcohol and alcohol-containing products, as well as cases envisaged by law or with the labeling of forged stamps; without Compliance with State standards and technical conditions; with the content of ethyl alcohol produced from non-edific raw materials or with denatured additives, with the exception of alcohol-containing non-food products; as master property; without proof of legality of production and turnover of such products. 2. Seizure and confiscation of ethyl alcohol, alcohol and alcohol-containing products in illegal traffic are carried out in accordance with the legislation of the Russian Federation. 3. The possession of seized ethyl alcohol, alcohol and alcohol-containing products is carried out in places determined by the decision of the bodies to which they are seized. 4. Confiscated ethyl alcohol, alcohol and alcohol-containing products that do not meet state standards and technical conditions, as well as alcoholic products containing ethyl alcohol produced from non-foodstuffs, or having denatured additives, ethyl alcohol for technical use or alcohol containing non-food products must be processed under contractual conditions. If it is not possible to carry out such processing, the confiscated ethyl alcohol, alcohol and alcohol-containing products are to be destroyed. Article 26. Restrictions on production and turnover ethanol, alcohol and alcohol-containing products 1. In the field of production and trafficking of ethyl alcohol, alcohol and alcohol-containing products are prohibited: use of ethyl alcohol produced from non-edifuses and alcohol-containing non-edifants for cooking Alcoholic and alcohol-containing food; production of ethyl alcohol without control devices; Production of alcohol products without alcohol-containing liquids measuring the concentration and Amount of absolute alcohol in finished products; Production of ethyl alcohol, denaturata, alcoholic and alcohol-containing denatured products without state registration of specified products; retail sale of ethyl alcohol, except in the case of Article 16, paragraph 4, of this Federal Law; sale of ethyl alcohol to organizations without corresponding licences or without quotas for its purchase or sale of ethyl alcohol in excess of the specified quotas; { { see also } { { ethyl } { turnover } documents confirming the legality of their production and turnover; implementation of alcohol products without certificates of conformity, or without labels of excise duty or special stamps, or with the marking of counterfeit stamps; Supply of alcohol in a package that does not meet the requirements of state standards; rental of basic technological equipment for the production of ethyl alcohol and alcohol; conclusion of menu contracts if traded goods is ethyl alcohol, alcohol or alcohol-containing products. The contracts are considered null and void; distortion and (or) failure to submit a declaration of production or turnover of ethyl alcohol or alcohol; the rules for the sale of alcoholic beverages. 2. In addition to the restrictions laid down in this Federal Act concerning the production and trafficking of ethyl alcohol, alcohol and alcohol-containing products, other restrictions may be imposed only by federal law. 3. The officials of the organizations and citizens who violate the requirements of this Federal Act are liable in accordance with the law of the Russian Federation. ". Article 2. This Federal Law is enforced from the day its official publication. Article 8, paragraph 2, paragraph 2, and article 26, paragraph 4, paragraph 1, of the Federal Act "On State regulation of the production and turnover of ethyl alcohol, alcohol and alcohol-containing products" is introduced as from 1 January 2000. of the year. Article 3. Invite the President of the Russian Federation to bring his legal acts into conformity with this Federal Law. To invite the Government of the Russian Federation to bring its legal acts into conformity with this Federal Law. President of the Russian Federation B. Yeltsin Moscow, Kremlin 7 January 1999 N 18-FZ