Privacy agreement

and processing of personal data

1.General provisions

1.1. This agreement on confidentiality and processing of personal data (hereinafter referred to as the Agreement) is accepted freely and of its own free will, applies to all information that Insales Rus LLC and / or its affiliates, including all persons belonging to the same group with LLC "Insales Rus" (including "EKAM service" LLC) may receive about the User while using any of the sites, services, services, computer programs, products or services of "Insales Rus" LLC (hereinafter referred to as the "Services") and in during the execution of Insales Rus LLC of any agreements and contracts with the User. The User's consent to the Agreement, expressed by him in the framework of relations with one of the listed persons, applies to all other listed persons.

1.2. The use of the Services means the User's consent to this Agreement and the conditions specified therein; in case of disagreement with these conditions, the User must refrain from using the Services.

"Insales"- Society with limited liability"Insales Rus", PSRN 1117746506514, TIN 7714843760, KPP 771401001, registered at the address: 125319, Moscow, Akademika Ilyushin St., 4, building 1, office 11 (hereinafter referred to as "Insales"), on the one hand , and

"User" -

or an individual with legal capacity and recognized as a participant in civil legal relations in accordance with the law Russian Federation;

or a legal entity registered in accordance with the laws of the state of which such entity is a resident;

or an individual entrepreneur registered in accordance with the legislation of the state of which such person is a resident;

which has accepted the terms of this Agreement.

1.4. For the purposes of this Agreement, the Parties have determined that confidential information is information of any nature (production, technical, economic, organizational and others), including the results of intellectual activity, as well as information about the methods of implementation professional activity(including, but not limited to: information about products, works and services; information about technologies and research works; data on technical systems and equipment, including elements of software; business forecasts and details of proposed purchases; requirements and specifications of specific partners and potential partners; information relating to intellectual property, as well as plans and technologies related to all of the above), communicated by one party to the other party in writing and / or electronic form, expressly designated by the Party as its confidential information.

1.5. The purpose of this Agreement is to protect confidential information that the Parties will exchange during negotiations, conclusion of contracts and fulfillment of obligations, as well as any other interaction (including, but not limited to, consulting, requesting and providing information, and performing other assignments).

2.Obligations of the Parties

2.1. The Parties agree to keep secret all confidential information received by one Party from the other Party during the interaction of the Parties, not to disclose, disclose, make public or otherwise provide such information to any third party without the prior written permission of the other Party, with the exception of cases specified in the current legislation, when the provision of such information is the responsibility of the Parties.

2.2. Each of the Parties will take all necessary measures to protect confidential information at least using the same measures that the Party applies to protect its own confidential information. Access to confidential information shall be granted only to those employees of each of the Parties who reasonably need it to perform official duties for the execution of this Agreement.

2.3. The obligation to keep secret confidential information is valid within the term of this Agreement, the license agreement for computer programs dated 01.12.2016, the agreement of accession to the license agreement for computer programs, agency and other agreements and within five years after termination their actions, unless otherwise agreed by the Parties.

(a) if the information provided has become publicly available without violating the obligations of one of the Parties;

(b) if the information provided became known to the Party as a result of its own research, systematic observations or other activities carried out without the use of confidential information received from the other Party;

(c) if the information provided is lawfully obtained from a third party without an obligation to keep it secret until it is provided by one of the Parties;

(d) if the information is provided at the written request of the authority state power, other state body, or body local government in order to perform their functions and its disclosure to these authorities is mandatory for the Party. In this case, the Party must immediately notify the other Party of the request received;

(e) if the information is provided to a third party with the consent of the Party about which the information is being transferred.

2.5. Insales does not verify the accuracy of the information provided by the User, and is not able to assess its legal capacity.

2.6. The information that the User provides to Insales when registering in the Services is not personal data, as they are defined in the Federal Law of the Russian Federation No. 152-FZ of July 27, 2006. "About personal data".

2.7. Insales has the right to make changes to this Agreement. When making changes in the current version, the date of the last update is indicated. The new version of the Agreement comes into force from the moment of its placement, unless otherwise provided by the new version of the Agreement.

2.8. By accepting this Agreement, the User acknowledges and agrees that Insales may send personalized messages and information to the User (including, but not limited to) to improve the quality of the Services, to develop new products, to create and send personal offers to the User, to inform the User about changes in Tariff plans and updates, to send marketing materials to the User related to the Services, to protect the Services and Users, and for other purposes.

The user has the right to refuse to receive the above information by notifying in writing to the e-mail address Insales - .

2.9. By accepting this Agreement, the User acknowledges and agrees that the Insales Services may use cookies, counters, other technologies to ensure the operation of the Services in general or their individual functions in particular, and the User has no claims against Insales in connection with this.

2.10. The user acknowledges that the equipment and software, used by him to visit sites on the Internet may have the function of prohibiting operations with cookies (for any sites or for certain sites), as well as deleting previously received cookies.

Insales has the right to determine that the provision of a certain Service is possible only if the acceptance and receipt of cookies is allowed by the User.

2.11. The user is solely responsible for the security of the means chosen by him to access the account, and also independently ensures their confidentiality. The User is solely responsible for all actions (as well as their consequences) within or using the Services under account of the User, including cases of voluntary transfer by the User of data for access to the User's account to third parties on any terms (including under contracts or agreements). At the same time, all actions within or using the Services under the User's account are considered to be performed by the User, except for cases when the User notified Insales about unauthorized access to the Services using the User's account and / or about any violation (suspicions of violation) of the confidentiality of their account access.

2.12. The User is obliged to immediately notify Insales of any case of unauthorized (not authorized by the User) access to the Services using the User's account and / or any violation (suspicion of violation) of the confidentiality of their means of access to the account. For security purposes, the User is obliged to independently carry out a safe shutdown of work under his account at the end of each session of work with the Services. Insales is not responsible for the possible loss or corruption of data, as well as other consequences of any nature that may occur due to the violation by the User of the provisions of this part of the Agreement.

3. Responsibility of the Parties

3.1. The Party that violated the obligations stipulated by the Agreement regarding the protection of confidential information transferred under the Agreement is obliged to compensate, at the request of the affected Party, the real damage caused by such a violation of the terms of the Agreement in accordance with the current legislation of the Russian Federation.

3.2. Compensation for damages does not terminate the obligations of the violating Party for the proper performance of obligations under the Agreement.

4.Other provisions

4.1. All notices, requests, demands and other correspondence under this Agreement, including those including confidential information, must be in writing and delivered in person or through a courier, or sent by e-mail to the addresses specified in the license agreement for computer programs dated December 01, 2016, the agreement of accession to the license agreement for computer programs and in this Agreement or other addresses that may be specified in writing by the Party in the future.

4.2. If one or more provisions (conditions) of this Agreement are or become invalid, this cannot serve as a reason for termination of other provisions (conditions).

4.3. The law of the Russian Federation shall apply to this Agreement and the relationship between the User and Insales arising in connection with the application of the Agreement.

4.3. The User has the right to send all suggestions or questions regarding this Agreement to the Insales User Support Service or to the postal address: 107078, Moscow, st. Novoryazanskaya, 18, pp. 11-12 BC "Stendhal" LLC "Insales Rus".

Publication date: 01.12.2016

Full name in Russian:

Limited Liability Company "Insales Rus"

Abbreviated name in Russian:

Insales Rus LLC

Name in English:

InSales Rus Limited Liability Company (InSales Rus LLC)

Legal address:

125319, Moscow, st. Academician Ilyushin, 4, building 1, office 11

Mailing address:

107078, Moscow, st. Novoryazanskaya, 18, building 11-12, BC "Stendhal"

TIN: 7714843760 KPP: 771401001

Bank details:

In the past 2017, the legislation in the field of turnover alcoholic products, in particular beer, has undergone some changes. Penalties for violations in this area were toughened, and some provisions regarding the rules for the circulation of alcohol-containing products were also changed.

The essence of the law

The main legal document in the field of alcohol sales, and beer in particular, is adopted by the State Duma of the Russian Federation in July and approved by the Federation Council of the Russian Federation in November 1995.

Structurally, the law 171-FZ is represented by four chapters, which include 27 articles. Consider summary law, outlining the main theses:

Chapter 1. General Provisions: scope of the law, basic concepts, relevant legislation, state monopoly on the production and circulation of alcohol and alcohol, powers of federal and local authorities in this area.

Also read the Federal Personal Bankruptcy Act. More

Chapter 2. Requirements for the production and circulation of beer: rules for the use of equipment, turnover and supply of alcohol and alcohol, accompanying documentation, special requirements, taxation and labeling, regulation of import and export of alcoholic products, accounting and declaration of production volume, turnover and use of grapes (in the production of wine and cognac products), registration production equipment, requirements for retail sales, rules and restrictions on drinking.

Chapter 3 Licensing: types of activities subject to licensing, the procedure for issuing a license, suspension, renewal and termination and cancellation of a license, the procedure for appealing against a refusal to issue a license.

Read about state secrets

Chapter 4. State supervision: control in the field of production, supervision of compliance with mandatory requirements, licensing control, supervision of the use of equipment, public control, SROs of winemakers and winegrowers, suppression of illegal production and circulation of alcohol, restrictions, features of the application of certain provisions of the law 171-FZ.

As can be seen from the thesis structure of the law, the main subjects of regulation of this law are the production and circulation of ethyl production and alcoholic products, as well as restrictions on drinking alcohol.

As for beer, in clause 13.1 of part 1 of Art. 2 of Law 171-FZ defines this drink, short description production technologies and characteristics of tolerances for the content of components.

Also read: Federal Law 261 in the latest edition. Details

It is also stated in the "beer law" that technological equipment for the production of beer and beer drinks should be equipped with automation that measures and takes into account the concentration (strength) of the drink, as well as the volume finished products, an exception is made for small breweries.

Article 12 of the law states that requirements for mandatory labeling of alcoholic products do not apply to beer and beer drinks.

Also for beer and beer drinks, an exception is made in the field of retail trade. In the retail sale of alcohol and the provision of services Catering, only organizations have the right to sell alcoholic products. However, individual entrepreneurs also have the right to sell beer and beer drinks.

According to the provisions of part 7 of article 16 on special requirements for the retail sale of alcohol in the provision of catering services, as well as for the drinking of alcohol, the ban on drinking alcohol in public places applies to beer and beer drinks as well. If the drink was purchased in an institution, it should be consumed only in this facility.

According to part 9 of the same article of the “law on the sale of beer”, the rule banning the sale of alcohol between 23 and 8 hours local time applies to beer as well, but the sale of this drink in establishments (restaurants, bars, etc.) is allowed.

Federal Law on Trade in the new edition

Article 18, paragraph 1, states that production and circulation of beer and beer drinks are not subject to licensing. Recall that the term "turnover" (according to paragraph 16 of article 2) includes the purchase, supply, storage, transportation and retail sale.

On January 1, 2018, the delays and indulgences that applied to the Crimea and the city of Sevastopol ended. Now, the requirements for the production and circulation of alcohol in this territory are presented in full.

Are there penalties for breaking the law?

In July 2017, the President signed a law amending the Code of Administrative Offenses of the Russian Federation, which provides for increased liability for the illegal sale of alcohol. Responsibility for violation of the rules for the production and sale of alcoholic products is prescribed in articles 14.16 - 14.19 of the Code of Administrative Offenses of the Russian Federation.

Let's figure it out how to trade beer under the new law. When selling bottled and draft beer, the seller must take into account and observe the following main points:

Trading time. According to the law 171-FZ, the permissible time for the sale of alcohol in the country is from 8 a.m. to 11 p.m. local time. In some cities and regions, even stricter restrictions have been established, and separate ones may also be added to the night ban holidays, where you can not sell alcohol at retail - for example, on school graduation days.

Violation is subject to a fine of:

• For the seller - 30 - 50 thousand rubles;
• For the store owner or outlet: 5-10 thousand rubles;
• For individual entrepreneur and legal entity: up to 100 thousand rubles with confiscation.

Place of trade. Beer can only be sold in stationary retail facilities (the building must be permanent and consist of single register real estate). The sale of beer in stalls and kiosks is prohibited. It is also forbidden to sell beer in the following objects and in the territories adjacent to them: children's, educational and medical institutions, sports and cultural facilities, public transport of all types and its stops, gas stations, markets, railway stations, airports and other crowded places (with the exception of public catering), military facilities.

For the sale of alcohol in the wrong place, a fine is provided in the amount of:

• From business owners 10-15 thousand rubles;
• From a legal entity - up to 300 thousand rubles.

EGAIS— Unified State Automated Information System. Organizations and individual entrepreneurs purchasing beer for retail sale are required to connect to the system only to confirm the purchases of wholesale lots from legal suppliers. The seller needs to register on the Rosalkogolregulirovanie website. After that, the system will need to confirm the fact of the purchase of the batch each time and reflect the remaining products.

For violation of the procedure for recording information on the volume of alcohol turnover in the EGAIS system, fines of the following size are imposed:

• For individuals (the head of the company) - from 10 to 15 thousand rubles;
• For legal entities - 150,000 - 200,000 rubles.

In both cases, confiscation of illegally sold products is possible.

Checkout availability. From March 31, 2017, beer trading, including in public catering, is possible only with the use of a cash register, regardless of the tax regime. Trading in beer without using a cash register is punishable in accordance with Article 14.5 of the Code of Administrative Offenses of the Russian Federation. The amount of the fine is:

• For individual entrepreneurs and heads of organizations - 25% - 50% of the calculation amount, but not less than 10,000 rubles;
• For organizations - from 75% to 100% of the amount of the calculation, but not less than 30,000 rubles.

Buyer age. At the slightest doubt about the age of the buyer, the seller should ask him to present an identification document.

For the sale of alcoholic products to minors, an administrative fine is provided in the amount (part 2.1 of article 14.16 of the Code of Administrative Offenses of the Russian Federation):

• For the seller - from 30 to 50 thousand rubles;
• For the head (official) - from 100 to 200 thousand rubles;
• For legal entities - from 300 to 500 thousand rubles.

Maintaining a retail volume ledger is a mandatory requirement for sellers of alcohol and in particular beer. The journal must be completed daily.

For violation of this requirement or incorrect logging, a fine is provided in the amount of:

• For individual entrepreneurs - from 10 to 15 thousand rubles;
• For organizations - from 150 to 200 thousand.

In addition, a quarterly declaration on the turnover of beer must be submitted to Rosalkogolregulirovanie. Download useful files:

Container and its volume. An innovation that has been sensational in relatively recent times prescribes a ban on the production and sale of beer bottled in plastic containers with a volume of more than 1.5 liters. This change was associated with public policy fight against beer alcoholism and done to reduce alcohol consumption by the population.

There are penalties for violating this provision:

• For individual entrepreneurs - from 100 to 200 thousand rubles;
• For organizations - from 300 to 500 thousand.

When illegal sale of alcohol individual , the offender faces a fine of 30 to 50 thousand rubles (Article 14.17.1 of the Code of Administrative Offenses of the Russian Federation).

What changes have been made?

The amendments came into force on January 1, 2018 prescribed in the Federal Law N 278-FZ of July 29, 2017. In many ways, the changes affected the circulation of medicines and medical products and preparations containing alcohol.

The amendments to the law, which affected the turnover of beer and alcoholic products, will be discussed in more detail below.

P. 2.3 Art. 11 has been revised. Thus, an organization that produces alcoholic products must own, manage, manage or lease for a period of one year the production and production facilities that meet the established requirements. warehouses which are real estate objects.

Article 11 of Law 171-FZ was also supplemented by paragraph 8, according to which the production of alcoholic beverages, the strength of which is less than 15%, containing tonic substances, is prohibited. Such drinks are allowed to be produced only for the purpose of export.

Paragraph 1 of Article 14 was reworded. For the most part, its provisions concerned accounting for the volume of production of alcoholic products and the procedure for declaring it, which was described in detail in the subsection of this article about fines.

Clause 1 of Article 26 on restrictions on the production and circulation of alcohol was supplemented with a paragraph prescribing that from now on, when moving through the territory of Russia and across the state border both on foot and by car or other transport, one person should have no more than 10 liters of unmarked alcoholic products.

The penalty for disseminating such information will be:

• For citizens from 3 thousand to 5 thousand rubles;
• For officials- from 20 thousand to 40 thousand rubles;
• For legal entities - from 100 thousand to 300 thousand rubles.

Download the current version of the law

This information will be useful to both producers and consumers of beer and beer drinks. In addition, the information presented in the article can serve as a reminder for the owners and managers of stores and establishments that sell these products.

For a more detailed acquaintance with the provisions of the law, we offer N 171-FZ dated November 22, 1995 “On state regulation production and turnover ethyl alcohol, alcoholic and alcohol-containing products and on limiting the consumption (drinking) of alcoholic products” with amendments and additions that entered into force on January 1, 2018.

The sale of beer is of interest to many entrepreneurs. There is always a steady demand for it, to start a business you don’t need to do big investment. There are also no particular problems with equipment and space rental. All these factors make a considerable income a reality. But preliminary acquaintance with this field of activity on numerous aspects is very important. After all, separate requirements are imposed on the sale of beer products. Before choosing this specialization for your business, you need to study the rules of the beer trade, especially the new ones for 2017.

Is it possible to sell beer for individual entrepreneurs in 2017

Entrepreneurs are allowed to trade in beer, cider and similar drinks, as before. But since 2016, legislators have made changes to the main legal document- No. 171-FZ of 1995, regulating the sale of alcoholic products. According to the draft, part of the new norms will come into force on January 1, 17, and the remaining additions and amendments - from July 1, 17.

In addition to the question: is it possible to trade beer in 17, entrepreneurs are interested in:

• whether a license is required;
• what are the requirements for documents and equipment.

In 2017, the sale of beer for individual entrepreneurs is the only permitted type of sale of alcohol. Strong drinks can only be sold by an enterprise with the status of LLC (legal entity). A number of restrictions have also appeared in the form of increased requirements.

Advice! Before opening an IP, you need to carefully study the basics of legislation regarding the trade in low-alcohol products.

Beer trading requirements

In 2017, beer trading is carried out according to changed rules, and therefore the entrepreneur will need to calculate in advance whether this type of income is beneficial for him. The sale of beer products must comply with the following amended regulations.

1. Requirements for the premises: stationary, but not temporary, like a stall or a mobile outlet. Only catering establishments, which can be summer cafes, bars, are allowed to include beer in the list of goods and services. The building must have a foundation, and the object itself must be listed in the real estate register. When selling only one beer, the area of ​​\u200b\u200bthe premises is not limited.
2. Location of the outlet. The proximity of institutions is not allowed:

• cultural;
• educational;
• medical;
• stations;
• markets.

You can not trade in public transport and other places with crowds of people, near military installations.

1. There are also requirements for reporting by EGAIS (Unified State Automated Information System) relating to individual entrepreneurship (IP). The state controls the production and sale of alcoholic products. An individual enterprise is obliged to connect to this system using a computer, for which it is necessary:

• buy a crypto-key;
• buy electronic signature(CEP);
• register online at egais.ru;
• install a program on the computer - the UTM utility (for accounting for goods);
• check how everything works in terms of program compatibility.
• upon receipt of a consignment of goods, check invoices through the system, while rejecting or accepting the document, as well as noting inconsistencies;
• information about purchases is loaded into the cash program.

Similar reporting also applies to rural areas, which are also subject to No. 182-FZ (Federal Law) dated June 29, 2015. The beer trade for an individual entrepreneur working on the UTII tax system in settlements must be fully connected to the Unified State Automated Information System by July 1, 17. Until the beginning of 2018, rural entrepreneurs of Crimea are required to join. They need to buy equipment that transmits sales information to EGAIS. Non-compliance entails the imposition of a fine of 10 to 15 thousand rubles.

1. The product must have accompanying documents(payment, bill of lading). This applies to the retail trade in beer and the purchase of beer in bulk for sale.
2. Beer is not sold to minors. This is considered illegal, subject to administrative liability, fines:

• 30 - 50 thousand rubles for the seller;
• from 100 to 200 thousand from an official (head of an individual entrepreneur or department).

There is also the possibility of criminal liability.
Note! In case of doubt related to age, the seller is obliged to ask for documents.

1. There are time limits for the night period (from 10 p.m. to 10 a.m. - a ban on sales).
2. At the request of buyers, it is necessary to issue BSO (specialized forms), although KKM (cash register, cash register) is not mandatory for use.
3. For beer trade, a book of accounting should be kept according to the form from RosAlcoRegulation. The journal is required to enter daily sales records: code, product name, production volume, number of sales.
4. From March 1, 17, it is mandatory to have a cash register ( cash register equipment) for each seller trading from IP. You will need to use a cash register according to a new model (Online cash register).

Requirement for manufacturers

The rules for the sale of beer also apply to brewers, for whom there are also changes in the law on the sale of alcohol. The requirements are for containers. Since the beginning of 2017, the production of alcoholic products in polymer packaging of more than 1.5 liters is prohibited. Six months later (in July), the same rule will be established for sales. If these changes are not observed, the goods (products) may be confiscated. There are also significant fines.

Producers' position: the decision of legislators will have negative consequences not only in relation to the activities of brewers, but will also affect related industries, regional budgets. Many firms may go bankrupt, not to mention the fact that the EGAIS program also requires costs, new investments.

Do I need a beer license for an individual entrepreneur for 2017

Sales license beeris optional for individual entrepreneurs or LLC for 2017. This is noted in No. 171 - FZ (Federal Law) of November 22, 1995, Article 18. Its absence will not lead to fines, consequences from the Federal Tax Service, other regulatory organizations. Licensing is mandatory only for spirits (with an ethyl alcohol content of 15% or more). A foamy drink sold on tap also does not require special permission, as well as one sold in standard containers.

However, it is still necessary to follow the dynamics of legislation on this issue, as well as pay attention to local legal regulations. The circulation of beer and its licensing have been repeatedly discussed in State Duma, but there are no changes in this area yet.

Which company is better for trading beer: sole proprietorship or LLC?

The sale of products with a low alcohol content can be carried out in the same way by both types of enterprises: individual entrepreneurs and legal entities. But in the presence of violations, fines for individual entrepreneurs are smaller. For example, for the sale of alcohol to minors, the head of an individual entrepreneur can pay up to 200 thousand rubles, and an LLC - from 300 to 500 thousand in favor of the state. In case of non-compliance with the rules for issuing payment documents (forms, checks) to buyers, the IP pays from 1/4 to 1/2 of the amount, but not less than 10 thousand rubles. And LLC - 3/4, not less than 30 thousand rubles.

Both LLCs and individual entrepreneurs are required to keep records, making daily entries on the sale of alcohol in a journal. Documentation is reflected in No. 164-FZ. But such a form of enterprise as a legal entity is more profitable in this sense. The legislation tightens the requirements for individual entrepreneurs when they sell low-alcohol drinks. For example, they were required to declare and record the volume of sales, while for LLCs these procedures are simplified with respect to taxation.

Finally

For individual enterprises, the sale of beer in any form is allowed, subject to the rules. This is a fairly profitable type of business, but when implementing this idea, all aspects must be taken into account, especially from the legal side. Legislation is constantly changing. Lawyer consulting on questions and collecting the right information will help to avoid unexpected financial expenses.

Important! Every entrepreneur engaged in this business or planning such an activity should be interested in the regulation of the sale of low-alcohol beer drinks.

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Innovations in the Law on the sale of beer affected such aspects of trade as:

• ž location of the point of sale,
• ž technical specifications related to the beer sales area;
• ž packaging of alcoholic products;
• ž prescriptions according to the Unified State Automated Information System and online cash desks.

Can an individual entrepreneur trade beer in 2017

An individual entrepreneur can sell beer and beer drinks.

But, it is worth noting that individual entrepreneurs are allowed to sell beer only at retail - to the final consumer.

In addition, an individual entrepreneur cannot trade in wine and other strong alcohol.

Is a license required to trade in beer and beer-based drinks in 2017

Have the innovations in the draft law on alcohol in Russia touched on the topic of beer licensing?

No. A license for the sale of beer and beer drinks is not required.

Where not to sell beer

We list the places where the sale of beer is prohibited:

1. Places of immediate proximity with any buildings with educational, medical, cultural and sports institutions located in them and inside them,
2. Passenger stops of transport and public transport itself,
3. Gas stations,
4. Crowded objects - market complexes, airport terminals, railway stations, river ports, seaports.
5. Mobile points of sale. In Russia, they are stalls, kiosks, temporary structures, including points of sale for hot dogs, shawarma, pancakes, pastries, Belgian waffles, and so on, as well as mobile shops related to the type of outbound trade.

Enterprises - exceptions that have a special right to sell beer - catering organizations.

Among other things, the law provides for a rule according to which beer can be sold to the population on the territories of certain socio-cultural objects, but only if they have halls for visitors, in which beer will be sold.

Socio-cultural facilities where the sale of beer is allowed:

• ž theaters and concert halls,
• ž squares and parks,
• ž sports complexes and nearby areas. An exception here is defined for the boundaries of the periods of time when sports events for children and teenagers are held in the sports complex,
• ž wholesale and retail complexes,
• ž aero -, railway - and other stations and the territory adjacent to them.

Requirements for the premises for the sale of beer

The sale of alcohol stronger than 5% is legally permissible only inside stationary trade objects - these are buildings with a foundation, to which engineering and technical networks are connected.

Requirements for the building of a shop selling beer:

• ž foundation
• ž the presence of a record of the construction in the Unified state register real estate

In cases where, in addition to beer, hard liquor is dispensed in the sales facility, the law requires that the store have a certain area:

• ž in the city over 50 m 2,
• ž in rural areas above 25 m 2.

Selling beer at night

The sale of beer is allowed from 8:00 to 23:00.

Catering establishments have the right to sell beer at night.

Beer advertisement. How not to break the law

In Russia, an important legislative document on the advertising of alcohol, including beer, is Federal Law 38 "On Advertising" dated March 13, 2006, latest edition which was approved on March 28, 2017. The norms of the law on alcohol are directly reflected in Art. 21.

Beer advertisements may be placed in periodicals, but the law prohibits beer advertisements on the front and back pages of these advertisements. In addition, publication is prohibited. marketing information, containing the presentation of beer, on the front side of the magazine - its cover.

The law does not prohibit the advertising of beer products during the broadcast of sports events - both live and recorded. However, the State Duma prescribed exceptions to this provision, which refers to the ban on beer advertising when showing sports events for children and teenagers and during broadcasts when physical education and sports topics are shown on TV and radio channels.

Ban on the sale of beer in plastic containers in 2017

A ban has been introduced on the sale of alcohol in PET containers with a volume of more than 1.5 liters (clause 6.1, article 11 of the Law).

Until mid-2017, this rule only applied to manufacturers and wholesalers, and now it also applies to stores selling beer to the public.

Failure to comply with the norm of the law provides for administrative liability, regulated by part 4 of article 14.17 of the Code of Administrative Offenses. This provision was amended in the last version of the law.

Penalties for the sale of beer in PET with a volume of more than 1.5 liters:

ž a fine is imposed on the director of the organization and is issued in the amount of 100 to 200 thousand rubles;

ž a fine is imposed on the organization itself and is issued in the amount of 300 to 500 thousand rubles.

Seizure of products by the state - confiscation - is also one of the possible measures that can be applied to the violator.

Since the amount of fines is quite large, violation of key innovations in the law on the sale of strong and low alcohol drinks can be a significant blow to small businesses.

Do I need EGAIS to sell beer?

One of the unique tasks of the Unified State Automated information system EGAIS - tracking the volume of production and movement of alcoholic beverages within the state.

Organizations producing alcohol have an obligation to organize accounting of its volumes and transfer information data to EGAIS.

Organizations and individual entrepreneurs– wholesale buyers of beer for sale to the population as well must arrange a connection to the EGAIS system, thereby confirming the fact that the batch of alcohol in wholesale was purchased from official manufacturers and suppliers.

Sale of beer, fines, licenses, law, egais, magazines, cash desks, time of sale, labeling, liability, bottling and other new beer issues, as well as what is needed for sale in 2020, and other issues in the article.

Constantly updated last time: 10/01/2020.

Peculiarities of beer sales regulation in Russia

Beer is a foamy drink obtained from brewing malt, hops and/or hop products and water with or without the use of grain products, sugar products as a result of the fermentation of beer wort, containing ethyl alcohol formed during the fermentation of the wort. Beer must be brewed without the addition of ethyl alcohol.

A detailed procedure for the characteristics of the drink is enshrined in GOST 31764-2012.

You don't need a license to sell beer.

You do not need a license to sell beer, cider, mead and other alcoholic products ( exception of wine, champagne and spirits: vodka, cognac, brandy, becherovka…. with a share of ethyl alcohol over 9%), they can be sold through an LLC or an individual entrepreneur without a license at retail and wholesale, but it is important to observe the time of sale, EGAIS, the presence of a cash desk, the age of the buyer, the volume of plastic containers.

For reference (moved into separate articles):

• Where it is forbidden to sell alcohol, wine, including on holidays: March 8, February 23, etc.
• Responsibility for drinking alcoholic beverages

What to choose LLC or IP when selling beer

Individual entrepreneurs (IP) and LLC have the right to sell beer.

Federal Law No. 171 “On State Regulation of the Production and Turnover of Ethyl Alcohol, Alcoholic and Alcohol-Containing Products and on Limiting the Consumption (Drinking) of Alcoholic Products” indicates that the sale of beer and other alcoholic products is carried out from a legal entity or an individual entrepreneur (IP) using a registered in the tax service of the cash register and the corresponding OKVED codes.

An individual entrepreneur (IP) does not have the right to sell spirits

Such a ban is indeed established by Article 16 of the Law of November 22, 1995 No. 171-FZ.

Where you can and where you can not sell beer

Sale is allowed only in stationary objects

Retail sale of alcoholic products is not allowed in non-stationary trade facilities, which are temporary structures for which it is not possible to register ownership.

Examples of non-stationary objects

1. stall (tent),

beer delivery

Sale not allowed remotely alcoholic products, as well as goods, the free sale of which is prohibited or restricted by the legislation of the Russian Federation.

All possible schemes to get around this ban in our article: Is it possible to deliver beer to your home, delivery is allowed by law.

Application of online cash desks, online KTT

From July 01, 2018, the use of online cash registers is mandatory for everyone who receives cash cash, incl. using electronic means of payment.

What is the fine

FROM according to paragraph 3 of Art. 14.16 of the Code of Administrative Offenses of the Russian Federation for violation of special requirements and rules for the retail sale of alcoholic and alcohol-containing products

• Individual entrepreneurs can be fined 20-40 thousand rubles.
• Organizations will have to pay more - up to 300 thousand rubles.

Primary registration is not required

Letter of the Ministry of Finance of Russia dated June 16, 2017 No. 03-01-15 / 37692 indicates that when using online cash registers, it is not necessary to keep a primary cash register, namely:

The Ministry of Finance of Russia clarifies that the use of forms of primary accounting documentation for accounting for cash settlements with the population using cash registers, approved by a resolution of the State Statistics Committee of Russia, is not required when switching to online cash desks.

This is due to the fact that the updated CCP legislation does not contain such a requirement. All fiscal data is transmitted at the time of settlement in the form of documents generated using cash registers to the tax authorities through a fiscal data operator (with some exceptions).

We remind you: CCP must be equipped with a clock set to the real time of the area where this equipment is installed and used (Letter of the Ministry of Finance No. 03-01-15/28072 dated 05/05/2017).

Who has the right to work without online CCP

Until 07/01/2019, except for organizations with existing staff.

The list of organizations and individual entrepreneurs exempted from the use of online cash registers for another year, in particular, includes:

• businessmen providing shoe repair and painting services;
• entrepreneurs and legal entities providing services for the manufacture and repair of keys and metal haberdashery;
• persons selling handicrafts or handicrafts;
• citizens renting their own housing;
• organizations or individual entrepreneurs selling newspapers and magazines in kiosks;
• sellers of ice cream and draft soft drinks to take away;
• sellers of products from tankers: milk, kvass, fresh fish, etc.;
• sellers of seasonal vegetables and fruits, including gourds;
• vendors of miscellaneous products; sellers at fairs, trade shows, retail markets.

At the same time, they are obliged to issue BSO to buyers. And if before July 1, 2018 they could use old-style forms, then from July 1, it is necessary to form a BSO using a new type of device - an “automated system for BSO”. Actual form strict accountability is transformed into one of the types of cashier's check.

In addition, they have the right not to use online cash desks indefinitely:

• pharmacies operating at feldsher points in villages and villages, as well as departments of hospitals and medical organizations in settlements where there are no pharmacies;
• legal entities and individual entrepreneurs working in remote villages and villages or hard-to-reach areas. The area must appear on the list approved by the regional authorities.

All of these sellers of goods and services, including those who operate in remote areas, are required to issue a Strict Reporting Form (SRF) to buyers, replacing cash receipt. At the same time, the legislation and tax authorities emphasize that it is necessary to issue a BSO not at the request of the client, but for each case of settlement. If this is not done, you can get a fine, there are already precedents.

Is it possible to use the online cash register only for the sale of alcohol, and sell the rest of the goods in the old way, without cash registers?

It's possible, but it's not that simple. For goods without excise duty, at the request of the buyer, you must issue a document confirming the purchase - a sales receipt, receipt, etc.

If you have alcohol and other excisable goods on your counters, you are obliged to use the cash register and punch checks on them. Even if you pay taxes on UTII, STS or PSN and have not yet used CCP.

According to paragraph 7 of Article 7 of 290-FZ, entrepreneurs and organizations on UTII and PSN may not use a cash register when selling excisable goods until July 1, 2018. At the same time, at the request of the buyer, the seller is obliged to issue a receipt, sales receipt or other document confirming the fact of purchase. They must be printed automatic system or in a print shop. In addition, if they do not have a tear-off part, you must definitely write out a duplicate.

On the other hand, if you want to punch checks even for goods without excises, the law does not prohibit this. Enjoy cash register if it's more convenient.

The cash register is not just a requirement of the law, it is also a useful tool. It helps to analyze sales, keep track of goods and manage the store remotely from a mobile device.

Is it possible to punch checks with the exact names of alcohol, and reflect the rest of the goods as a total amount?

The logic is this: according to the current version of 54-FZ, each seller indicates the name of each product sold on the receipt.

Law 290-FZ in paragraph 17 of Art. 7 clarifies that entrepreneurs and organizations on special taxation regimes (UTII, STS, PSN) may not indicate these data in the check until February 1, 2021, but only if they do not trade in excisable goods.

If you sell strong alcohol or other products subject to excise duty, it is mandatory to indicate the names of all goods, including non-excise goods, from March 31, 2017.

Penalties for not using CCP

Article 14.5 of the Code of Administrative Offenses of the Russian Federation “Sale of goods, performance of work or provision of services in the absence of established information or non-use of cash registers in cases established by federal laws” is provided for violation. Their size for officials is from 1/4 to 1/2 of the amount of an unbroken check, but not less than 10 thousand rubles. The organization will pay from 3/4 to 1 amount on the check, but not less than 30 thousand rubles.

Friendship of catering and alcohol

It is allowed to sell alcoholic products with an ethyl alcohol content of not more than 16.5 percent of the volume of finished products at any facilities, provided that public catering services are provided at these facilities. Here it is important to understand the difference between the retail sale of alcohol and the retail sale of alcohol and alcoholic beverages when providing a catering service.

If you have an unregistered premises (including premises that do not comply with paragraph 1 of this article) and you want to sell beer on its territory ( for bottling and in containers), you need to arrange a cafe or buffet ( a table + two chairs + a hanger, pies purchased in a store displayed on a tea window + notification of the opening of a cafe to Rospotrebnadzor, and for Moscow and the region to the register of stationary objects of the consumer market (a Certificate is issued). Refine this question at the Administration of your region/district).

How to sell draft beer in a takeaway cafe

The answer is simple: do not close the bottle with a lid, give it to the buyer, taking into account the paragraph above!

Important ! In the Ulyanovsk region (and only) in August 2016, new rules were introduced allowing the sale of alcoholic products, namely the presence of a toilet and sink, at least 6 tables and 24 seats, as well as a full-fledged working kitchen. This change came into effect on January 1, 2017. We believe that these rules will be tested in this area and introduced throughout the Russian Federation.

When providing catering services, there are no restrictions on the trading time - for all others it is forbidden to trade from 23:00 to 8:00.

Sale of beer in a summer cafe

Regional authorities have the right to allow the sale of beer in summer cafes located at stationary objects. For example, in Moscow, this is determined by the Decree of the Government of Moscow No. 102-PP dated March 6, 2015 "Rules for the placement, arrangement and operation of seasonal (summer) cafes at stationary public catering establishments".

The store is in shortage of beer, the cafe is not a helper

In connection with the introduction of EGAIS, restaurants, cafes, bars, hotels, from July 1, 2016, are prohibited from purchasing alcohol in retail chains(retail). In general, any outbid for the purpose of resale in retail chains, a store, etc. banned, you can only buy from wholesalers.

What about cocktails

In cafes and bars with a license to sell alcoholic beverages ( vodka, cognac.. over 9%) can make their cocktails by mixing alcoholic products, since mixing is not the production of alcoholic products.

What OKVED codes are needed

Wholesalers

• OKVED 46.17.23 - Activities of agents for wholesale trade beer.

Retail

• OKVED 47.25.12 - Retail sale of beer in specialized stores.

If you registered an individual entrepreneur or LLC before July 11, 2016, then you do not need to make any changes to the codes, the Federal Tax Service will independently correlate your old and new OKVED codes entered in the registers.

You can't use old codes:

• 52.25 Retail alcoholic and other drinks.
• 52.25.1 Retail sale of alcoholic beverages, including beer.
• 52.25.11 Retail sale of alcoholic beverages, except beer.
• 52.25.12 Retail sale of beer.

EGAIS for the sale of beer "what kind of animal"

All wholesale purchases of alcoholic beverages in urban areas, as well as from July 1, 2016, retail sales in without fail are entered into the EGAIS system.

If you sell beer or other low-alcohol (excise-free) drinks, then you do not need to send data on retail sales to EGAIS. You are required to record in EGAIS the receipt of goods from the supplier and keep an alcohol log.

Organizations and individual entrepreneurs purchasing beer for further retail sale are required to connect to the system for years only to confirm the purchases of wholesale lots from legal producers and suppliers, at the moment the sale is fixed end customer is not required, so the trade in beer through EGAIS is easier to process than other alcoholic beverages.

Retail sales you reflect in the alcohol magazine

Data from there is not sent anywhere, but Rosalkogolregulirovanie checks this data when it comes with an inspection. If you are a catering company or sell excise-free alcohol on tap, then make an entry in the journal upon opening the container - when you uncorked the bottle or printed a new keg. Data must be entered no later than the next day.

You must connect to the system before 01/01/2016 or from the moment you start trading, but exactly before the inspectors come to you. AT rural settlements The deadline has been moved to July 1, 2017. For EGAIS, both a wired connection and a connection via mobile or satellite communications are suitable.

The term for fixing information in the Unified State Automated Information System

It is calculated in business days and is 3 (three) days, for rural areas 7 (seven) days.

Strange situation! Beer cannot be moved to another sales outlet of one legal entity if there is no EGAIS at the points, while if the question concerns vodka, cognac, then products can be moved between divisions of one legal entity, while these movements must be reflected in the EGAIS, but nothing is said about devices. Perhaps we are misunderstanding something, I hope readers will correct us.

Decommissioning and battle in EGAIS

The enterprise is obliged to reflect in the EGAIS system the write-off of alcoholic battles and losses on a daily basis. In case of violation, a fine of 150 thousand rubles. So, look so that you don’t get caught, but if the supervisory authorities come, at the same moment make an act to write off the current date. Arbitrage practice already exists, but it is ambivalent and who needs legal problems.

6.1. How to check alcohol in EGAIS, etc. A new clarification of certain issues of the EGAIS, including how to verify the authenticity of alcoholic products in the conditions of the EGAIS system, filling out a sales log, as well as questions about the operation of the system, how to move products between stores and common mistakes of its users.

Responsibility for violations + fines

(in a separate article)

Since 2015, it has been tightened, and in 2019, responsibility for the sale of alcohol to minors has been retained, also at your request. dear readers lay out - Penalties for violation of the rules for the sale of ethyl alcohol, alcoholic and alcohol-containing products.

Don't forget about the seller's instructions: Instructing the seller on the sale of alcohol and tobacco.

Maintaining a retail sales ledger

A form is introduced for registering the volume of retail sales of alcoholic and alcohol-containing products, and it also provides for the procedure for filling out a register for registering the volume of retail sales of alcoholic and alcohol-containing products. The absence of a log book for the sold alcohol can be recognized as a violation of the procedure for accounting for ethyl alcohol, alcoholic and alcohol-containing products in their production or turnover. For this, Art. 14.19 of the Code of Administrative Offenses of the Russian Federation provides for a fine. Its size for officials and entrepreneurs will be from 10,000 to 15,000 rubles. And for organizations - from 150,000 to 200,000 rubles.

Filling in the journal is carried out at the place of business

• organizations engaged in the retail sale of alcoholic or alcohol-containing products;
• individual entrepreneurs engaged in the retail sale of beer and drinks made on the basis of beer, cider, poiret, mead or alcohol-containing products.

The log is filled daily

The log is filled every day, no later than next day after the fact of retail sale of each unit of consumer packaging (packaging) of alcoholic and alcohol-containing products or upon opening of transport containers (including reusable containers) used for the delivery and subsequent bottling of products to the consumer, in one of the following ways:

• on paper;
• in in electronic format using software tools of the unified state automated information system for recording the volume of production and turnover of ethyl alcohol, alcoholic and alcohol-containing products (EGAIS).

Sample Sales Log

1. No. p / p - enter the number of the entry in order.
2. Date of retail sale of each unit of alcoholic beverages.
3. Barcode ( Here you need to indicate information in the form of characters read from a federal special or excise stamp using the EGAIS software. To do this, the organization must have a 2D barcode scanner. When connected to the EGAIS system, its presence is mandatory. The "bar code" of the alcohol register should be filled out only by those companies and individual entrepreneurs who have connected to the EGAIS system. The barcode is read by a special scanner from the excise stamp).
4. Name of product ( the name of the alcoholic or alcohol-containing product is entered. Data should be taken from accompanying documents).
5. Product type code ( you need to specify the product type code in accordance with the Classifier of product types. It was approved by the Order of Rosalkogolregulirovanie dated August 23, 2012 No. 231).
6. Capacity (l) - the capacity of consumer packaging (shipping packaging) of the sold alcoholic or alcohol-containing products is entered.
7. Amount).

Example of a completed journal

If the organization will keep a journal in electronic form for products marked with federal special and excise stamps, columns 4, 5, 6 and 7 do not need to be filled out.

You do not need to register anywhere and submit an accounting log for verification somewhere. It must be kept at every point of sale of alcohol and beer. But at the request of the inspectors, it will have to be presented. Download Egais accounting journal in Word (Word).

Labeling of beer, cider and other beer products

Based on par. 6 art. 5 of Law No. 171-FZ, it follows that the powers of state authorities of the Russian Federation in the field of production and circulation of ethyl alcohol, alcoholic and alcohol-containing products include, in particular, the introduction of mandatory labeling with federal special stamps and excise stamps of alcoholic products produced and sold on the territory Russian Federation.

According to paragraph 2 of Art. 12 of Law No. 171-FZ, alcoholic products (with the exception of beer and beer drinks, cider, poiret, mead) are subject to mandatory labeling in the following order:

• alcoholic products produced on the territory of the Russian Federation, with the exception of alcoholic products supplied for export, are marked with federal special marks. These brands are available from government agency authorized by the Government of the Russian Federation;
• alcoholic products imported (imported) into the Russian Federation are marked with excise stamps, except for the cases provided for in clause 5.1 of Art. 12 of Law No. 171-FZ. These brands are available from customs authorities organizations importing alcoholic products.

Important: Labeling of alcoholic products with marks not provided for by Law No. 171-FZ is not allowed.

According to clause 5.3.3 of the Regulations on Rosalkogolregulirovanie, the Federal Service for Alcohol Market Regulation (Rosalkogolregulirovanie) is responsible for issuing federal special stamps for labeling alcoholic products produced in the Russian Federation.

Sale of beer in containers up to 1.5 liters is prohibited

The Government of Russia "On the use of containers" approved amendments to the law, according to which the production of alcoholic beverages with an ethyl alcohol content of more than 0.5% in plastic containers with a volume of more than 1.5 liters is prohibited from January 1, 2017, and the retail sale of alcohol in such containers - from July 1, 2017 .

“The law is aimed at establishing a phased ban on the production, circulation and retail sale of alcoholic products in consumer packaging (consumer packaging or packaging made entirely of polyethylene, polystyrene, polyethylene terephthalate and other polymer material),” the document says.

These innovations indicate the absence of competition in the Russian Federation in the aluminum production market (the manufacturer UC Rusal belongs to " successful businessman» Oleg Deripaska), and this problem trying to solve by restrictive measures.

The essence of the law

Retail sale of alcoholic products with an ethyl alcohol content of more than 0.5 percent of the volume of finished products in polymeric consumer packaging (consumer packaging or packaging made entirely of polyethylene, polystyrene and other polymeric material) is not allowed. Retail sale of alcoholic products with an ethyl alcohol content of 0.5 percent of the volume of finished products is allowed in polymer consumer packaging with a volume of not more than 1,500 milliliters.

AT explanatory note the authors of the draft law noted that beer consumption in the country had reached a “threatening volume”, the cheapness of plastic containers increases the availability of this drink for the population, and its large volume makes them drink more. At the same time, in the 1st quarter of 2016, the media reported that state corporation Rosspirtprom bought up 8 alcohol production plants, while the alcohol production market almost completely came under state control.

The amount of the fine for the sale of more than 1.5 liters

The fine for the sale of alcohol with an alcohol content of more than 0.5% in polymer containers with a volume of more than 1.5 liters, as well as for its production and turnover, is:

1. for officials from 100 thousand to 200 thousand rubles. with or without confiscation of the objects of the administrative offense,
2. for organizations - from 300 thousand to 500 thousand rubles. with confiscation of objects of an administrative offense or without it.

At the same time, both the first and the second, together with a fine, may be subject to confiscation of the objects of an administrative offense.

This article applies not only to legal entities but also to individual entrepreneurs.

Law enforcement practice

• In each specific case, when selling beer on the territory of a non-stationary facility, it is necessary to answer the question of what kind of activity the entrepreneur was engaged in: he retailed beer (in this case, bringing to administrative responsibility is legal) or provided catering services to consumers (in this case, penalties should not be applied). ).

Who is in charge of this issue?

Issues related to the circulation (including sale) of alcoholic products, including and beer, are in the department Federal Service on the regulation of the alcohol market (website address - fsrar.ru) and are regulated federal law No. 171 "On state regulation of the production and circulation of ethyl alcohol, alcoholic and alcohol-containing products and on limiting the consumption (drinking) of alcoholic products."