A rather relevant and important problem, even by today's standards, is the sale of alcohol to a minor. What is the danger of such an offense? What punishment is due for him? All this will be discussed in this article.
Features of the offense
Parents are required to monitor the sobriety and healthy lifestyle of their children. However, at the state level, quality work must be carried out to counter teenage alcoholism. So, by 2016, the number of alcohol addicts among minors is almost 14 thousand people. But this is only according to official statistics, the true numbers are most likely an order of magnitude higher. Naturally, such indicators indicate only one thing: effective work should be carried out both at the state and at the family level.
What can be said about the role of the state in such a struggle? It is conducted primarily by promoting a healthy lifestyle, as well as by counteracting such a violation as the sale of alcohol to minors. Features of the violation in question are as follows:
- administrative liability for a single violation;
- criminal liability for violation more than two times within six months.
What is the danger of selling alcohol to a minor?
There are still people (and quite adults) who believe that buying alcohol is a personal matter for every person, including a teenager. Naturally, this is fundamentally wrong and erroneous judgment. You can not compare the decisions of adults with the stupidity and inexperience of minors.
Control over children should always be both from the side of the family, and from the state. Otherwise, the following problems may appear in our society:
- the destructive effect of alcohol on the body of a minor (significant violations of physical and mental activity);
- social danger: increased crime, a large number of antisocial acts;
- low rates of economic, cultural and social development of the state.
The emergence of all these problems is already significantly affected by the sale of alcohol to a minor. That is why in Russia a law was passed on the sale of alcohol to minors (the law on the restriction of sales).
Who is considered a minor?
There are still some misunderstandings in Russian society regarding the age at which alcoholic beverages can be purchased. Many will say that such an age has long been known - this is the age of majority. However, many retail chains can sell alcohol to citizens from the age of 21, and nothing else. What does the law say in this case?
In fact, everything here is quite simple. Officially, the sale of alcohol is allowed to persons who have reached the age of eighteen. However, many stores have the right to establish their own rules and sell to people over 21 years old (by the way, a similar practice was in the USSR, and is still used in many Western countries). There is another point that you can pay attention to: this is the early acquisition of legal capacity (minimum 16 years). However, the law does not say anything about selling alcohol to such persons.
Are police provocations legal?
Most Russian citizens are probably aware of television reports on how policemen catch unscrupulous sellers of alcohol "live bait". Are such events valid? What does the law on the sale of alcohol to minors say about this? It is necessary to understand.
From the point of view of the courts, the measures described above are, as they say, on the verge. This is due to the fact that the law governing the operational-search activity does not provide for the participation of minors in such operations. However, police representatives use a legal loophole, viewing teenagers not as participants in the operation, but as direct buyers. Nevertheless, the courts have the right to call the organizers of such operations to account (according to Article 14.16 of the Administrative Code).
Selling alcohol to a minor: trial
What legal rules govern the prohibition of the sale of alcohol to minors? The following documents are explicitly stated about liability:
- Federal Law 171 of 1995. It is this bill that regulates the circulation of alcoholic beverages in the territory of the Russian Federation.
- Article 14.16 of the Code of Administrative Violations of the Russian Federation (CAO). According to her, it is the police that draws up all the necessary protocols on violations in the field of the sale of alcohol. No exception and the sale of alcohol to minors.
- Article 151.1 of the Criminal Code of the Russian Federation. It is applied when the act in question does not fall under the article of the Code of Administrative Offenses, which means that it is not an offense, but a real crime. According to it, the seller who sold alcohol to minors in repeated order can be convicted.
Composition of the violation
The sale of alcoholic beverages is deemed to have been committed in the event that the fact of sale is fully proved, the seller’s identity is established and the corresponding sentence is pronounced. Immediately it is worth noting that the fines for the sale are rather big. Thus, a monetary penalty, in accordance with article 14.16 of the Code of Administrative Offenses, can even ruin any small retail outlet.
And what about the sale of alcohol to citizens under eighteen years of age as a crime? In this case, the repetition of the act must be proved. It is very important to establish the exact period between violations. So, if it is less than 180 days, then the act will be considered as a crime (its composition is formal). In this case, the intent of the seller will be considered direct, and therefore the punishment will be appropriate.
Responsibility for the sale of alcohol to minors
Finally, it is worthwhile to deal with the punishment itself for the violation in question. What threatens unscrupulous sellers for selling (or reselling) alcohol products to children and adolescents? What is the fine set by law for the sale of alcohol to minors?
An individual, according to the Code of Administrative Offenses, is required to pay from 30 to 50 thousand rubles. An official - from one hundred to two hundred thousand rubles. Legal entities will suffer even more. So, for the violation in question, they will have to deposit from 300 to 500 thousand rubles into the court piggy bank.
Next, it is worth considering the punishment options provided for by the Criminal Code of the Russian Federation. We are talking about crimes, and more specifically, about cases where the announcement of the sale of alcohol to minors, or rather, the impossibility of such a trade, is ignored, and such products are sold to children or adolescents at the same outlet not the first time in 180 days. So, in this case, a fine of up to 80 thousand rubles or correctional labor for up to one year is imposed. A court may also apply and a ban on further work as a cashier or seller.
What punishment can be expected for sellers who give alcohol to persons who have not reached a certain age set by the store itself? Naturally, we are talking about retail chains that establish a similar rule ("We sell alcohol from 21 years old"). That is why the store itself sets the punishment (according to the charter, job description, etc.).
What to do to the seller?
Suppose the seller was detained for selling alcohol to a teenager. As usual in such situations, he pleads guilty, talks about his own stupidity and inattention. What could be the further development of events? An employee in the field of trade will have to pay a huge fine and this can not be avoided? By law, everything should be just that. Liability cannot be avoided anyway, but mitigating the punishment is very real. But how? There are two options. One is the simplest and most effective: admit guilt and ask for minimal punishment. The second option is not suitable for everyone. It may be that the seller still asked the minor for the documents, and they were presented. At the same time, the passport had the proper date of birth.
Subsequently, it turned out that these documents turned out to be fake or were completely stolen. What to do in such a situation? If it is possible to somehow find this minor or convince the judge of the veracity of the situation (by means of video surveillance, testimony, etc.), then perhaps the punishment will be mitigated or it will not follow at all.
The only sure way to avoid liability for such a violation as the sale of alcohol to minors (article 14.16 of the Code of Administrative Offenses) is to always require documents from young people.
Conclusion
Inspecting authorities of the Russian Federation are vigilant to ensure that the sale of alcohol to adolescents is not carried out. Hence, such huge fines, aimed, as a rule, at the ruin of the outlet. Often for this purpose, Rosalkogolregulirovanie takes away from the store a license to sell alcoholic beverages.
As already mentioned, the above measures to prevent the sale of alcohol involving minors are prescribed in the administrative code of the Russian Federation. It is noteworthy that a few years ago, until December 2013, there were completely different punishment criteria for such an offense. The amount of the fine could not exceed five thousand rubles, and the monetary penalty was collected from the offender only if he crossed the law several times. Of course, such a tiny amount was not at all an obstacle for some entrepreneurs, and the losses incurred were covered by the profit from the sale of alcoholic beverages. It turns out that after December 2013, the amount charged from the legal entity for the sale of beer to citizens under the age of 18 increased exactly 10 times, that is, almost the same amount as the rate of drinking of strong drinks by adolescents increased.