"Article 151.1. Retail sale of juvenile alcohol products

Criminal Code of the Russian Federation Article 151.1. Retail sale of juvenile alcohol products

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Article 151.1 of the Criminal Code of the Russian Federation:

Retail sale of juvenile alcoholic beverages, if this act is made repeatedly, - shall be punished with a fine in the amount of from fifty thousand to eighty thousand rubles or in the amount or other income of convicts for a period of three to six months or correctional work for up to one year with deprivation of the right to occupy Certain positions or to deal with certain activities for up to three years or without any.

Note. Retail sale of minor alcoholic beverages, performed by a person repeatedly, recognized retail sale of minor alcohol products, if this person has previously been attracted to for a similar act for one hundred and eighty days.

Commentary on Article 151.1 of the Criminal Code of the Russian Federation:

The disposition of this article is a blanket character. To address the issue of attracting the guilty K should appeal to the norms of federal laws Russian Federation: N 171-FZ "On state regulation of production and turnover ethyl alcohol, alcoholic and alcohol-containing products "and N 218-FZ" On Amendments to the Federal Law "On the State Regulation of the production and turnover of ethyl alcohol, alcohol and alcohol-containing products" and individual legislative acts of the Russian Federation and recognition by invalid Federal Law "On restrictions of retail and consumption (drinking) beer and beverages manufactured on its basis." The norms of these laws clarify the subject of crime - alcohol products.

The legislator in this article returned to the administrative ultra. Repeatedness implies the commission of acts a second time after bringing to administrative responsibility, but provided that he has been involved in administrative responsibility for the first time within one hundred and eighty days. The algorithm of criminal liability is not connected with himself, but with the concept of repeatedness, from which the legislator not so long ago resolutely refused.

The object of this crime should recognize public relations that are moral education juvenile and their physical health.

The objective side is characterized by repeated actions in the form of sale (committing a sales contract in the retail trading network of alcoholic beverages). In accordance with the note on this article, the retail sale of minor alcohol products is punishable, if this person has previously been attracted to administrative responsibility for a similar act within one hundred and eighty days. Thus, the composition according to the design is formal, the moment of completion of the crime depends on the period of attraction to administrative responsibility for making an act for the first time.

The subjective side is characterized by fault in the form of direct intent. The guilty is aware of the danger and opposition of their actions, being already attracted for this to administrative responsibility, and wants to re-commit an act of selling alcohol products to a minor. It seems that the intent of the guilty obviously covers the age of the buyer.
The subject of the crime is special - retail salesman who has achieved, in our opinion, is 18 years old.

Controversial issues of applying Art. 151.1 of the Criminal Code of the Russian Federation "Retail sale of juvenile alcoholic beverages"

The Russian Federation is a social state whose policies are aimed at creating conditions that ensure a decent life and free human development, including one of the priorities is normal physical development and moral education of minors.

So, one of the goals of the Federal Law "On Basic Guarantees of the Child Rights in the Russian Federation" is the protection of children from factors negatively affecting their physical, intellectual, mental, spiritual and moral development. Currently, there are a large number of such negative factors: it is the propaganda of violence in computer games, and accessibility for minor tobacco and alcoholic beverages. The latter causes serious concern.

Alcoholization of the population, especially young people, has reached a critical point, and the problem of combating alcohol at the present stage is one of the components of state policy. According to Rospotrebnadzor, in Russia out of 10 million persons aged 11 to 18 years of age, more than half regularly use alcoholic beverages. One of the reasons for the admission of minors to drink alcohol is the free realization of alcoholic beverages by sellers who ignore the prohibitions established by law.

Studies show that the average age of abusing alcoholic beverages, mostly beer, has decreased from 14 to 11 years. According to the results of sociological surveys of drinks that are most often buying children aged 13 to 17 years old, are alcoholic cocktails.

In order to strengthen the fight against children's alcoholism by the Federal Law of July 21, 2011 No. 253-ФЗ in the Criminal Code of the Russian Federation (hereinafter referred to as the Criminal Code) was introduced by Art. 151.1, providing for criminal liability for retail sale of juvenile alcoholic beverages. The introduction of this article preceded the adoption of the implementation concept public Policy To reduce the scope of abuse of alcohol and the prevention of alcoholism among the population of Russia, a number of provisions of which are aimed primarily on the protection of minors from drunkenness and alcoholism, as well as to form incentives to a healthy lifestyle. As the main measures for the implementation of this concept, it is primarily a decrease in the availability of alcoholic beverages, including beer, by introducing restrictions on its retail and time; Strengthening administrative responsibility for violations in the field of production and turnover of alcoholic beverages, including regulatoryly established restrictions on the retail sale of alcoholic beverages, beer and beverages manufactured on its basis, persons who have not reached a certain law of age, as well as improving criminal liability for repeatedly committing specified acts. According to this concept by 2020, alcohol consumption in Russia should be reduced from the current 18 to 5-8 liters per person per year.

Increased responsibility for the sale of alcohol products of minors complies with the global tendencies of strengthening the fight against children's alcoholism, counteracting the growth of alcoholization of minors. Thus, in a global strategy for reducing the harmful use of alcohol, approved in May 2010, the 63rd Session of the World Health Assembly, special attention is paid to "Establishing an appropriate minimum age for the acquisition or consumption of alcoholic beverages and other policies for creating barriers to selling alcoholic beverages. adolescents or their teenagers; Preventing alcoholic beverages to persons in a state of intoxication or has not reached the age-established age and consideration on the introduction of the mechanisms for laying responsibility on sellers and individuals serving customers, in accordance with national legislation. "

In many foreign countries, such prohibitions for the sale of juvenile alcohol products have long been established. Thus, in Estonia for violation of this ban, imprisonment for up to one year, in Sweden - for up to 6 years.

The establishment of criminal responsibility for the retail sale of minor alcohol products in Russia the necessary measure, although, in the opinion of some authors, a few belated.

We analyze the content of Art. 151.1 of the Criminal Code.

The object of crime is public relations, providing a normal spiritual and physical development juvenile.

The subject of the crime is alcoholic products under which the food products are understood, which is made using or without the use of ethyl alcohol produced from food raw materials, and (or) alcohol-containing food products, with an ethyl alcohol content of more than 0.5 percent of volume finished products, with the exception of food products in accordance with the list established by the Government of the Russian Federation. Alcohol products are divided into such species like alcoholic beverages (including vodka), wine, fruit wine, liquor wine, sparkling wine (champagne), wine drinks, beer and beverages made on the basis of beer, Cider, Poire, Medov (sub . 7, Art. 2 of the Federal Law of November 22, 1995 No. 171-FZ "On state regulation of production and turnover of ethyl alcohol, alcoholic and alcohol-containing products and to limit consumption (drinking) alcoholic beverages").

The objective side is expressed in the retail sale of juvenile alcoholic beverages. Under the retail sale of alcoholic beverages, it is necessary to realize the sale of alcoholic beverages by legal entities, regardless of their organizational and legal forms and form of ownership, individual entrepreneurs, individuals, which consist of these organizations and individual entrepreneurs in labor relations and directly carry out alcohol goods to buyers under contracts Retail sale. For the presence of this crime, it is necessary that the act was made repeatedly, i.e. More than two times, provided that the seller was brought to administrative responsibility for the first implementation.

The composition of the crime formal is recognized by the minors ended since the re-sale of minor alcohol products if it happened within 180 days from the date of attraction of administrative responsibility for the first sale. Thus, the composition of the crime implies an administrative allocation.

The one-time sale of this product or its sale after the expiration of the specified period entails administrative responsibility under Art. 14.16 Code of Administrative Offenses of the Russian Federation (hereinafter - the Administrative Code of the Russian Federation).

The subjective side is characterized by direct intent. The face is aware that it rectifies the retail sale of minor alcohol products repeatedly and wants to make data.

The subject of the crime is special - a person carrying out the retail sale of alcoholic beverages. In accordance with paragraph 2 of Art. 16 of the Federal Law "On State Regulation of the production and turnover of ethyl alcohol, alcoholic and alcoholic-containing products and the restriction of consumption (drinking) of alcoholic beverages" is an individual directly carrying out the vacation of alcohol products to a minor (seller).

At first glance, the disposition of Art. 151.1 of the Criminal Code is quite simple and concrete, but there are a number of issues related to its implementation. Pay attention to some of them and try to express our position on them.

First, why is the responsibility installed only for retail sale? With the wholesale of alcohol products in the actions of the seller, there is no composition of the crime. In our opinion, it should not be limited to the objective side of the composition of the crime of the "retail" sale, therefore, this feature must be eliminated from the disposition.

Secondly, there are disagreements between the provisions of criminal and administrative legislation. The composition of the crime provided for Art. 151.1 of the Criminal Code of the Russian Federation is recognized as the minors ended with the re-sale of juvenile alcohol products if it happened during 180 days from the date of attraction to administrative responsibility for the first sale. According to the Administrative Code of the Russian Federation, this period is one year since the end of the execution of the decision on the appointment of administrative punishment. We believe that in the note to the article under consideration it is necessary to indicate the term "within one year". These changes will eliminate differences between criminal and administrative legislation. Also, this issue should agree with V. O. Sieve, who notes that the determination of the term in half a year can be considered as a decrease in the repressiveness of this criminal norm, which does not correspond to the degree of public danger of the activity under consideration.

Such a loyal attitude of the legislator to the subject of the crime under consideration cannot be justified when it comes to crimes against juvenile. It is necessary to completely tough, a fundamental approach when choosing funds and methods of struggle. The fact of administration in the Criminal Code of the Russian Federation Art. 151.1 indicates that in Russia there is a need to combat the alcoholization of young people, including criminal law, and for a long time. Federal Law No. 529-FZ of December 31, 2014 "On Amendments to Article 151.1 of the Criminal Code of the Russian Federation", tightened the sanction, only confirms said.

For committing an offense provided for in paragraph 2.1 of Art. 14.16 The Administrative Penalty of the Russian Federation is imposed on the citizens in the amount of thirty thousand to fifty thousand rubles. In the sanctions of Art. 151.1 of the Criminal Code The lower limit of the fine was not specified. In accordance with Part 2 of Art. 46 of the Criminal Code of the Russian Federation The fine is set in the amount of five thousand rubles. Consequently, the minimum fine for this act was five thousand rubles. The courts appointed a sentence within a minimum that does not correspond to the lower limit of the administrative fine. We give a few examples.

The sentence of the magistrate 237 of the judicial area of \u200b\u200bthe Serpukhov judicial district of the Moscow region of the Russian Federation defendant A. is found guilty of committing a crime provided for by Art. 151.1 of the Criminal Code of the Russian Federation and she was sentenced in the form of a fine in the amount of eight thousand rubles.

The verdict of the world judge of the judicial area No. 20 of the Vyborgsky district of the Leningrad region, the defendant A. is convicted of committing a crime provided for by Art. 151.1 of the Criminal Code. Sent penalty in the form of a fine of ten thousand rubles.

The sentence of the magistrate 80 of the judicial area of \u200b\u200bthe Kolomna judicial district of the Moscow region of the Russian Federation defendant K. is found guilty of committing a crime provided for by Art. 151.1 of the Criminal Code of the Russian Federation and sentenced in the form of a fine of five thousand rubles.

The lower limit of the fine, which mentioned by the Federal Law, was increased to fifty thousand rubles, which was implemented a more differentiated approach, which was previously offered by researchers.

Scientists and practices and various experts in this field are inclined toward tightened. The effectiveness of restricting the sale of alcohol minors is marked by the head of the project "Sober Russia" by Sultan Khamzayev: "We organized raids. And if in previous years, alcohol allegiates were sold at 10 out of 10 Moscow stores, then in 2014 it was already 6 stores out of 10. " This suggests that the harsh criminal punishment will effectively work in achieving preventive purposes.

Moreover, there are proposals to introduce a ban on selling alcohol to persons younger than 21 doctors only welcome such restrictions. In their opinion, the later the person meets with alcohol and tobacco, the better for him and others.

It should be noted that there is also the opposite opinion. Director of the Center for Studies of the Federal and Regional Alcohol Markets Vadim Drobiz: "This proposal does not make sense nor logic - zero efficiency. If we do not have the opportunity to make sellers do not sell alcohol to 18 years old, then the chances for the fact that it will not be done until 21 years, is zero. " We note that the indicated opinion does not refute the benefits, but only notes that there are not enough norms to ensure the execution of established prohibitions.

The recommendations expressed in this article are aimed at overcoming the existing difficulties in criminal and legal assessment of the circumstances differentiating criminal liability for the retail sale of juvenile alcohol products, although they are not indisputable. It was rightly noted by Ch. Sh. Cupino that the establishment of criminal liability for the sale of alcohol juvenile products is just a link in the system of measures aimed at combating alcoholization and subsequent degradation of minors. We only add the fact that the link is important, having its drawbacks and require further improvement.

5.5. Legal problems of the design of the objective side of the crime, provided for by Art. 151.1 of the Criminal Code

Sievers Vyacheslav Olegovich, Adjunct. Place of study: Far Eastern Law Institute of the Ministry of Internal Affairs of Russia. E-mail: [Email Protected]

Annotation: The article considers the problem of applying an administrative ultimate of a criminal offense in the context of the sale of minor alcohol products. The author justifies the need to improve the legislative design of the objective side of this crime.

Keywords: administrative ration, re-act, the time of committing a crime.

Legal Problems of the Construction of the Objective Party Art. 151.1. Of the Criminal Code of the RF

Sytnikov Vyacheslav Olegovich, Adjunct. Place of Study: Far East Law Institute of Mia Russia. E-mail: [Email Protected]

Annotation: The article of Administrative Prejudice AS Part of a Criminal Offense In The Context of the Sale Of Alcoholic Beverages to Minors. Author Gives Proof Necessary to Improve Legislative Construction of the Crime.

Keywords: Administrative Prejudice, Repeated Act, Time of Offence.

Disposion of Art. 151.1. The Criminal Code legislator determined as follows: "Retail sale of juvenile alcoholic beverages, if this act is made repeatedly." At the same time, the note to this article refined: "Retail sale of minor alcohol products, performed by a person repeatedly, a retail sale of alcoholic beverages is recognized if this person has previously been attracted to administrative responsibility for a similar act within one hundred eighties."

Thus, in fact, in this case, the objective side of the deed consists of two acts of homogeneous illegal behavior, more precisely, from identical offenses, for the first of which the person has been attracted to administrative responsibility. In the scientific literature, such a phenomenon is called "administrative districts" and has both its supporters and opponents. The essence of the "administrative opinion" is to recognize repeatedly committed by the guilty person during a certain period of time of administrative offenses, after the overlay for the first (first) administrative responsibility of them by the legal fact that generates criminal law consequences. According to E.V. Yama-Shelya, an administrative allocation, first of all, will allow more effectively to distinguish between crimes and administrative offenses. A.G. Bezverkhov opposite believes that "the study

the design causes suspicion and in terms of reliable equity principle. It is worth saying that administrative offenses are among the alpine acts. The named circumstance will play in favor of the sample application of the prejudicial provisions of the criminal law. " Those. In fact, due to the low attractability of violators under the administrative article, the involvement of them will be impossible under Art. 151.1. Criminal Code. At the same time and supporters and opponents of the administrative opinion, despite the arguments of the opposite, they recognize that the administrative ultimate is capable of being effective tool Prevention of crimes.

However, in our opinion, the position of opponents of the administrative dissection in criminal law is still more correct. After all, as noted by V.L. Zuev, in this case, in fact, the composition of the crime is formed at the expense of the signs of an administrative offense, and as the crime delimitation criterion and the misconduct is the fact of the preceding imposition of administrative recovery for the same act. I agree with D.S. Chikin is that the condition for criminal responsibility for preventing, restriction or elimination of competition becomes a repeated application of administrative recovery imposed by the extrajudicial body, which undermines the procedural guarantees, in accordance with which a person can be found guilty of committing a crime and has been criminally responsible only judicially .

Despite the fact that in modern law, the idea was noted about maintaining and developing an administrative allocation, at the level of various state bodies, it still does not find support. So, with a preliminary consideration of the draft law No. 260768-5 (on the basis of which it was introduced in the Criminal Procedure of Art. The federation not providing for the design of the crime compounds with the administrative allocation "," in the draft law is not disclosed, which amount of violations committed within one year is covered by the concept of "repeatedly", "the proposed design is contrary to the concept of the Criminal Code of the Russian Federation, according to which Under the sign of "repeatedness" means the commission of an illegal act two or more times, and not the establishment of a time frame in the amount of one year. "

Indeed, in this case, the problem of the legal structure of Art. 151.1. The Criminal Code is determined not only by the very fact of the application by the legislator, but also by the introduction of the concept of "repeatedly".

Reception, as a form of multiplicity of crimes, was excluded from the Criminal Code of the Russian Federation in 2003. At the same time, under repeatedness of earlier (Art. 16 of the Criminal Code of the Russian Federation as amended before 08.12.2003) was understood by the commission of two or more crimes provided for by one article or part of the Criminal Code of the Russian Federation. The commission of two or more crimes envisaged by various articles of the Criminal Code of the Russian Federation was recognized as repeated only in cases provided for by the relevant articles of the special part of the Criminal Code of the Russian Federation. In h. 2 tbsp. 16 of the Criminal Code also indicates

Spaces in Russian legislation

elk, that the crime is not recognized perfectly repeatedly, if for the previously perfect crime, the person in accordance with the procedure established by law was exempt from criminal liability or conviction for a previously committed person crime was repaid or removed.

Thus, despite the fact that the responsibility (criminal or administrative) for identical acts really often varies depending on the severity of these acts (the degree of public danger of the act (Article 5.46 of the Code of Administrative Code and Part 2 of Art. 142 of the Criminal Code, h. 4 Art. 14.25. Administrative Code of the Russian Federation and Art. 170.1. Of the Criminal Code of the Russian Federation, part 2 of Art. 20.8 of the Administrative Code of the Russian Federation and Art. 222 of the Criminal Code of the Russian Federation, etc.) or the amount of damage caused (Article 7.21.1 of the Administrative Code of the Russian Federation and Art. 165 Of the Russian Federation, Part 2 of Art. 8.28 of the Administrative Code of the Russian Federation and Art. 260 of the Criminal Code of the Russian Federation, Part 1 of Art. 14.12 of the Administrative Code of the Russian Federation and Art. 197 of the Criminal Code of the Russian Federation, Art. Art. 15.14. Administrative Code of the Russian Federation and Art. Art. 285.1, 285.2 of the Criminal Code of the Russian Federation , Art. Art. 15.17, 15.18 of the Administrative Code of the Russian Federation and Art. 185 of the Criminal Code of the Russian Federation, Art. 15.30 of the Administrative Code of the Russian Federation and Art. 185.3 of the Criminal Code, etc.), it turns out that the commission of an administrative offense cannot incur repentness in the criminal law. This basis for the qualifications of Acts as a criminal, and not as administrative in these cases is not repeatedness (CACAP of the Russian Federation instead of the concept of "repeatedly", uses the concept of "re-"), namely the indicated degree about The essential danger of identical act or the amount of damage caused.

However, at present the concept of "repeatedness" in addition to Art. 151.1. The Criminal Code also appears in the dispositions of the following articles: Art. 154, part 1 Art. 178, Part 1 and 2 Art. 180 of the Criminal Code. At the same time, in accordance with Note 4 to Art. 178 of the Criminal Code of the Russian Federation, "repeated abuse of the dominant position recognizes the commission of abuse of the dominant position for more than two times over three years, for which the said person was attracted to administrative responsibility." And in relation to Part 2 of Art. 180 of the Criminal Code of the Russian Federation repeatedly recognizes the commission of two or more than the illegal use of warning labeling in relation to the trademark or the name of the place of origin of goods not registered in the Russian Federation. The direct indication of the need to prior attraction to administrative responsibility as a sign of repeatedness is available only in Note 4 to Art. 178 of the Criminal Code. The remaining articles are "silent" about what is meant by repeatedness.

It should be noted that at the stage of consideration of the draft law on the introduction in the Criminal Procedure of Art. 151.1. Repeated first was asked to understand the acting act performed again "within one year, for which the said person was attracted to administrative responsibility," then "more than two times a hundred and eighty days from the date of attracting a person who committed this act, to administrative responsibility," And as a result, the wording was adopted "Earlier was attracted to administrative responsibility for a similar act within one hundred and eighty days."

Some authors of comments in the Criminal Code express the opinion that "for the presence of this crime, it is necessary that the act was made repeatedly, i.e. More than two times, provided that the seller was brought to administrative responsibility for the first sale. "

However, the elimination of direct indication by the legislator on the number of violations, which should precede the qualifications of Acts as criminal punishable,

and analysis of the current edition of the disposition of Art. 151.1 of the Criminal Code allows us to conclude from the meaning of this wording, which is quite a single attraction to administrative responsibility, so that the re-act is considered "repeated". At the same time, according to Yu.S. Zharikova, it is impossible to exclude the question of the admissibility of re-attracting administrative responsibility instead of initiating criminal prosecution. As A.G. is rightly replied. Berthov, "This is a special recurrence of offenses, recurrence of" diversified ", recurrence of" intersectoral ", a prototype of criminal recurrence (Article 18 of the Criminal Code of the Russian Federation). Meanwhile, according to the current Criminal Code of the Russian Federation, the re-committing crimes of small and moderate severity does not turn them into grave and especially grave crimes. Consequently, in order to relieve the resulting contradiction, it is necessary to raise the question of the revival of a special relapse in a special part of the Criminal Code. "

At the same time, the period for such a "repetition" is not even in one year, but in fact half a year, which can also be viewed as a decrease in the repressiveness of this criminal norm, because, for example, in accordance with Thu. 4.6. Administrative Code of the Russian Federation The abandonation of administrative responsibility is one year. It seems that this decrease in repressiveness does not correspond to the degree of public danger of the activity under consideration.

The question arises: how long will these 180 days be calculated?

The wording, excluded in the second reading of the draft law "From the date of attracting a person who committed this act, to administrative responsibility," implied the rules of Art. 31.1. The Administrative Code of the Russian Federation, according to which the decree on an administrative offense enters into legal force after the expiration of 10 days of the appeal, if the ruling was not appealed. However, in accordance with the same Art. 4.6. The one-year limit of leading to administrative responsibility begins to flow from the date of the end of the execution of the decision on the appointment of administrative punishment. The execution of the decision on the payment of an administrative fine can last up to 30 days (with voluntary execution) and more (under compulsory execution) (Art. 32.2. Administrative Code of the Russian Federation).

From what date under the current edition of Art. 151.1. The Criminal Code should Keep 180 days? From the date of entry into force of the Administrative Offense Protocol under Part 2.1. Art. 14.16. Code of the Russian Federation or from the date, when the person is considered to be administratively punished? This ambiguity may entail in practice and ambiguous resolution of questions about the presence or absence of repetition faces if the deeds will be made in the extreme borders of 180 days.

It should be noted that in the criminal codes of foreign countries that establish responsibility for the acting act, the administrative ration is applied extremely rarely. As examples, the Uzbekistan and the Criminal Code of Estonia can be cited. In other countries, criminal liability for the sale of juvenile alcohol products is independent, this is despite the fact that in most of the specified countries, the level of alcoholism, including children, much less than in Russia.

Thus, it is obvious that the use of an administrative ultimate of crime

st. 151.1. The Criminal Code requires a critical revision and improvement. Currently, it remains to be stated that a significant condition for the qualifications of Acts under Art. 151.1. The Criminal Code is preliminary (within 180 days) to account for responsibility under Part 2.1 of Art. 14.16. Administrative Code.

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Review

on the state of Sytnikov Vyacheslav Olegovich "Legal problems of the design of the objective side of the crime, provided for by Art. 151.1 of the Criminal Code "

Scientific article by V.O. Sytricov is devoted to the study of certain criminal law problems of designing signs of the objective side of the retail sale of minor alcohol products.

The relevance of the stated author of the topic is no doubt, since at present the problem of countering alcoholization of minor criminal law is extremely important. In addition, the legal norm under consideration (Article 151.1 of the Criminal Code of the Russian Federation) is a novel for domestic criminal law requiring practical and theoretical understanding in criminal law science.

The article reveals the content of the signs of the objective side of the retail sale of minor alcohol products. In relation to the specified crime, the legal institutions "Administrative Premature" and "Editivity" are investigated. The author comes to the informed conclusion that the application of the administrative pre-judice in this composition of the crime requires a critical revision and improvement.

Scientific article Slicette Vyacheslav Olegovich "Legal problems of the design of the objective side of the crime, provided for by Art. 151.1 of the Criminal Code of the Russian Federation "meets the requirements of this species, and can be recommended for publication.

Associate Professor of the Department of Criminal Law and Criminology of the Far Eastern Law Institute of the Ministry of Internal Affairs of Russia Candidate of Law, Associate Professor I.M. Antonov

Retail sale of juvenile alcohol products, if this act is done repeatedly, -
shall be punished with a fine in the amount of fifty thousand to eighty thousand rubles or in the amount of salary or other income of convicts for a period of three to six months or correctional work for up to one year with deprivation of the right to hold certain positions or engage in certain activities for up to three years Or without that.

Note. Retail sale of minor alcoholic beverages, perfect face repeatedly, recognizes retail sale of minor alcohol products by an administrative punishment for a similar act, during the period when the person is considered to be administratively punished.

(Note in the editors entered into force from December 9, 2015 by the Federal Law of November 28, 2015 N 346-FZ. - See previous edition)
(The article is additionally included on August 6, 2011 by the Federal Law of July 21, 2011 N 253-FZ)

Commentary on Article 151.1 of the Criminal Code of the Russian Federation

1. The subject of the crime is alcoholic products. From July 1, 2012, the alcohol means food products that are manufactured using or without the use of ethyl alcohol produced from food raw materials, and (or) alcohol-containing food products, with an ethyl alcohol content of more than 0.5% of the volume of finished products, except Food products in accordance with the list established by the Government of the Russian Federation. Alcohol products are divided into such types like alcoholic beverages (including vodka), wine, fruit wine, liquor wine, sparkling wine (champagne), wine drinks, beer and beverages manufactured based on beer (sub. 7 Art. 2 federal The Law of November 22, 1995 N 171-FZ "On the state regulation of production and turnover of ethyl alcohol, alcoholic and alcohol-containing products and on restricting consumption (drinking) of alcoholic beverages").

2. The objective side lies in the retail sale of minor alcoholic beverages, if this act is done repeatedly. The concept of repeatedness is given in the note to Art. 151.1. Retail sale is recognized perfectly repeatedly if such a sale is carried out the second time, provided that the seller was brought to administrative responsibility for the first sale.

It should be borne in mind that only the retail sale of alcoholic beverages is permitted is punishable. Consequently, its wholesale does not form the composition of the crime under consideration.

The composition of the crime implies an administrative ultimate - the presence of administrative punishment for the sale of alcohol products to a minor. Administrative ultimate is valid for 180 days from the date of administrative punishment.

The one-time sale of this product or its sale after the expiration of the specified deletion period entails administrative responsibility under Art. 14.16 Administrative Code.

The crime has a formal composition, is considered to be completed from the moment of re-selling alcohol products a minor person, which was previously attracted to administrative responsibility.

3. The subjective side is characterized by direct intent.

4. Special crime entity - a person who carries out the retail sale of alcoholic beverages, such as a wine-store seller.

Another comment on Article 151.1 of the Criminal Code of the Russian Federation

The disposition of this article is a blanket character. To address the issue of attracting criminal responsibility to the norms of federal laws of the Russian Federation: dated November 22, 1995 N 171-FZ "On state regulation of production and turnover of ethyl alcohol, alcoholic and alcohol-containing products" and on July 18, 2011 N 218-ФЗ "On Amendments to the Federal Law" On State Regulation of the production and turnover of ethyl alcohol, alcohol and alcohol-containing products "and individual legislative acts of the Russian Federation and recognition of the federal law" On restrictions of retail and consumption (separation) of beer and beverage Magazing, which entered into force on July 22, 2011, the norms of these laws clarify the subject of crime - alcohol products.

The legislator in this article returned to the administrative ultra. Repeatedness implies the commission of acts a second time after bringing to administrative responsibility, but provided that he has been involved in administrative responsibility for the first time within one hundred and eighty days. The criminal liability algorithm is not connected with the composition of the crime, but with the concept of repeatedness, from which the legislator not so long ago resolutely refused.

The subject of this crime should recognize public relations that are developing on the moral education of juvenile and physical health.

The subject of the crime is special - retail salesman who has achieved, in our opinion, is 18 years old.

At the same time, it is necessary to interpret individual signs of this composition of the crime concerning the place of the crime, responsibility for mediation in the acquisition of alcoholic beverages, the limitation of attraction to administrative responsibility.

Criminal Code of the Russian Federation Article 151.1. Retail sale of juvenile alcohol products

Commentary on Article 151.1 of the Criminal Code of the Russian Federation

Another comment on Article 151.1 of the Criminal Code of the Russian Federation

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