MOSCOW, August 16 - RIA Novosti. Giving Rosalkogolregulirovanie (RAR) the right to revoke licenses for the retail sale of alcohol can help bring order to the market, according to experts and industry representatives interviewed by Prime. However, they predict a difficult fight against illegal trade and fear "pitfalls".

The fact that the RAR received powers outside judicial order independently revoke licenses for the production, storage, supply and retail sale of alcohol, according to a government decree released on Wednesday on August 14. Stores may lose their license, in particular, for trading at night, without marking and documents, as well as at a price below the minimum, in prohibited places or for underage buyers.

Previously, either regional officials who issue them, or a court could cancel a license in retail.

Attention, there are nuances

"We are sympathetic to the fact that PAP has such a regulatory lever," Ilya Belonovsky, executive director of the Association of Retail Companies (AKORT), which unites the largest retailers in the Russian Federation, told the Prime agency. In his opinion, the innovation is aimed at ensuring fair competition in the alcohol retail market and is mostly addressed to individual retail outlets and small chains that practice alcohol sales in circumvention of the law. "Large retail companies are already carefully monitoring the implementation of the law," Belonovsky added.

The cancellation of such a license can cost the business, because alcohol in small stores accounts for the lion's share of sales, the agency's interlocutor noted.

Ensuring uniform rules for all market participants is one of key issues, believes CEO networks "Magnet" Sergey Galitsky.

"And if the federal agency receives such a right (of canceling licenses - ed.), then this will establish the same rules for everyone," the agency's interlocutor added. In particular, in the fight against illegal alcohol, "PAP will not be superfluous," he believes.

Galitsky also points to another important problem.

"No normal, sane retail chain wants sellers to sell alcohol to minors. But when we have 20,000 employees every day, we cannot physically control each of them," he explains. And if one of the cashiers suddenly violated the rule, then the company, and not the specific seller, suffers from this, the head of Magnit emphasizes.

Mikhail Susov, director of corporate relations at X5 Retail Group (who manages the Pyaterochka, Perekrestok, Karusel, etc.) chains, notes that granting additional powers to PAP is a logical step within the framework of tightening state regulation of the alcohol market. “This is yet another signal that we need to work very carefully with alcohol. We have long understood that tightening the regulation of the alcohol market is inevitable, it public policy. And we share it, we believe that all market participants must be disciplined and must comply with the rules," he commented.

"In theory, everything sounds quite logical. Let's see how it will be implemented in practice, whether it will create any non-market obstacles, pitfalls," Susov continued.

"Any additional regulation brings with it an additional corruption component," Oleg Ponomarev, chairman of the coordinating council of the Union of Independent Networks of Russia, added, noting that he also sees a positive side in the innovation - it is aimed at combating the shadow market. "Networks, both federal and large regional, are extremely careful and accurate in terms of law enforcement. We will never make money on violations in the form of selling alcohol at night or selling to minors. This is a shadow business run by tents and small shops," Ponomarev explained. .

However, he is not sure that the additional powers of the PAP will lead to the "whitewashing" of such colleagues. "There, underground trade is conducted on trust - alcohol is sold around the clock in tents to acquaintances, this phenomenon exists everywhere in Russia. I'm not sure that the RAR has the necessary mechanism to track such shadow trade," he summed up.

"Retail should be afraid"

The state is consistently reforming the alcohol market, recalls Vadim Drobiz, director of the Center for Research on Federal and Regional Alcohol Markets (CIFRRA).

Thus, according to him, in 2009-2010, a reform was carried out in the segment of production, import and distribution of alcohol, which resulted in the enlargement of the market and a halving of its participants. Then the reform began in the retail segment. “In order to deal with retail, the process of enlargement is underway. In 2012-2013, the number of points selling beer will be reduced by four times, probably because from January 1 it will leave the kiosks and will be sold only in stores. The number of stores, I I think it will be reduced by 1.5 times due to a number of restrictions (established by the law on state regulation of the alcohol market), plus a declaration is introduced, which not everyone can handle," he explained.

At the same time, the share of illegal vodka remains high: according to the results of 2011, 55% of legal vodka was sold in legal retail, 45% - illegal. "The situation has yet to be reversed. local authorities authorities, local regulatory authorities are not coping with the displacement of illegal vodka, shops still continue to sell it," he states.

“Therefore, the possibility of revoking a license in a pre-trial order, I think, will be a very positive measure. Retailers should be afraid. If more or less some order has been put in the production, distribution and import segment, it has not yet been possible to restore it in the retail segment,” he believes. expert.

To rein in violators can help field checks. "Immediately in a day they walked around 100 outlets, saw illegal products - they immediately revoked the license. Several such demonstration trips, I think, will give a very good effect," he adds.

Although this, unfortunately, does not mean that all illegal alcohol will leave the market - it will move to an alternative sales sector (trade from hands, an increase in demand for alcoholic pharmacy tinctures, moonshine, etc.). "Because the consumer has a need for illegal products, after all, it is cheaper," Drobiz admits.

Large alcohol producers also consider the increase in the powers of the PAP "more plus than minus" for the market. “There are still many factories on the market that, according to documents, work with minimal volumes, but in fact they work at full capacity, supplying counterfeit alcohol to the market. If this fact is revealed, then it’s all the same litigation delay the process, while this one can continue production. So the strengthening of the powers of the relevant department can make the "left" alcohol producers think again," a representative of a large alcohol company told the agency.

The courts grant almost half of the applications for the annulment of alcohol licenses. But permission can be lost even without litigation in an out-of-court procedure by decision of the Federal Alcohol Regulation Agency. Read what arguments will help to appeal the decision of the department in court.

What are the reasons for revoking a license?

A company will lose its alcohol license if it sells unlabeled or counterfeit alcohol.

Most often, licenses are canceled for two reasons: the organization did not submit a declaration on the volume of turnover of alcoholic products in time or sold alcohol to minors. Full list grounds for the cancellation of an alcohol license can be found in the Law on the Regulation of Alcoholic Products: 21 reasons to lose a license in court and six violations for cancellation by an administrative decision of Rosalkogolregulirovanie.

In order to cancel a license out of court, an authority must apply to Rosalkogolregulirovanie license control. For example, in Moscow such body is the City Department of Trade and Services.

The department is responsible for trade, retail markets, weekend fairs, regional and specialized fairs, ensures food security. The turnover of alcoholic and alcohol-containing products is also under its jurisdiction.

The court may refuse to suspend or annul a license if the application comes from another body.

For example, in case No. A19-16844/2012, the city administration suspended the license at the request of the Ministry of Internal Affairs. But the court pointed out that the competence of the police does not include control and supervision of the circulation of alcoholic products. This means that the decision of the licensing authority, which was made on the basis of the submission of the Ministry of Internal Affairs, is illegal.

Organizations need to strictly comply with the requirements of the law, since licenses can be canceled even due to a small violation. Most courts support the government agency, but some companies manage to appeal the department's decisions.

How to refute the agency's arguments

In court, state that the consequences of revoking the license are not commensurate with the severity of the violation. The SAC explained that the suspension or cancellation of a license is not an administrative penalty in the sense of the Code of Administrative Offenses, but a special preventive measure.

This sanction can be applied only in exceptional cases. The measure must correspond to the degree of violation, the requirements of justice, be proportionate to the nature of the act.

If a company has inconsistently missed the deadline for submitting a declaration, such a violation cannot be sufficient grounds to revoke the license. For example, the licensee did not submit a declaration on the volume of retail sales of alcohol for two quarters on time.

The court refused the Moscow department and substantiated it as follows. The violation did not cause significant damage to the public interest or lead to other adverse consequences. Government body did not prove that the company continues illegal activities.

The courts made similar conclusions when considering a dispute in which the company repeatedly violated the deadlines for submitting the declaration.

In another case, the Moscow Department of Trade and Services asked the courts to annul the alcohol license.

The Board of Economic Disputes of the Supreme Court revealed that the company did not file a declaration on the retail sale of beer. Supreme Court noted that the violation of exclusively the rules for declaring the volumes of retail sales of beer drinks cannot lead to the cancellation of an alcohol license.

Do not cancel the license if the organization has already been involved in administrative responsibility for the violation and she has already been punished - she paid a fine of 200 thousand rubles. Counterfeit alcoholic products were confiscated; to determine the authenticity of stamps, the society acquired special equipment, there are no adverse consequences. In addition, the company will retain a permit for the circulation of alcoholic products if the violation was minor.

For example, when an enterprise made a technical error in the legal address or in the trading floor of the store, the inspectors found one bottle of liquor without excise stamp. The court considered this violation insignificant and declared the decision of the department to annul the license illegal.

Turnover of alcoholic products in Russian Federation is a legislative matter. To regulate its production and turnover, back in 1995, Federal Law No. 171-FZ of November 22, 1995 was adopted, which is still in force to this day, however, with many amendments and changes.

In order for all the requirements prescribed by law to be properly implemented, there is a special supervisory body - the Federal Service "Rosalkogolregulirovanie".

The main task of the Service, as well as the entire Federal Law, is to prevent the distribution of low-quality alcoholic products on the market in order to protect consumers from fakes and simply low-quality products, to protect them from criminal dealers of clandestinely produced products containing ethyl alcohol.

First of all, the law gives a clear list of concepts and definitions so that there are no discrepancies in its interpretation:

concept	Interpretation
Turnover of alcoholic products	Purchase, supply (export), retail, storage, transportation
The circle of persons involved in the turnover of products	All types of organizations, regardless of those involved in the production and circulation of ethyl alcohol, alcoholic and alcohol-containing products; Individual entrepreneurs engaged in the retail sale of non-food products containing alcohol, beer and beer drinks, apple cider, mead; individuals who are in labor relations with the listed economic entities. activities; consumers
Alcoholic products	Products (food), which in the final volume of the finished product contains more than 0.5% ethyl alcohol - vodka, wines (grape, liqueur, fruit, sparkling), cider, beer,

When a license is needed

So, what types of products are subject to state licensing? If the content of ethyl alcohol in the product does not exceed 15%, a license for such alcoholic products is not required and it can be produced and sold on a common basis.

However, the manufacturer must remember that the Federal Law mentioned above divides products with an alcohol content exceeding 15% into food (semi-finished products for alcoholic products - wine material, emulsion, must) and non-food (perfumes, paints and varnishes), and prescribes that they do not require licensing :

• sale (retail) of alcohol-containing products for non-food purposes;
• production, purchase and distribution of beer and beer drinks;
• purchase and transportation of liquids containing alcohol, which is used as a raw material or for technical needs, but the annual volume should not exceed 2000 liters.

Conclusion: in order to carry out business activities for the supply, production and sale of alcoholic food products with an alcohol content of more than 15%, it is necessary to obtain a state license.

Types and price

The sale of alcohol-containing products subject to licensing is divided into:

• wholesale - upon receipt of such licenses are put forward Additional requirements by the availability of storage facilities of sufficient area and relevant technical characteristics;
• retail - for catering establishments, cafes, bars, restaurants, shops.

For a small business, obtaining a license to sell alcohol is too expensive. Such a high bar is explained by the desire of the state to allow only those suppliers on the market who can provide the consumer with a truly high-quality product.

Those businessmen for whom the amount of the state duty for wholesale is still too high should start with retail and a license for 65,000 rubles.

Requirements for obtaining an alcohol license in 2020

1. Decision on the creation of the Founder (for 1 participant) or the Agreement on the creation and Minutes of the meeting of the Founders (for 2 or more participants) /
2. Last
3. State registration (certificate issued by the Unified State Register of Legal Entities) /
4. tax registration (TIN) /
5. a document confirming the ownership of the building or its part, where the circulation of alcoholic products will be carried out /
6. sanitary and epidemiological conclusion of the Consumer Rights Supervision Service.

Stitched, numbered and stamped copies of:

• • floor plan (issued at the design and inventory bureau (ex-BTI);

• lease / sublease agreement for an object (bar, shop, restaurant, cafe).
• an agreement with a specialized organization for the installation of a fire alarm or an act of examination of an existing fire alarm, with the application of acts of acceptance and transfer and a license of the organization that performed the work on its installation;
• a fire alarm maintenance agreement with a service organization license;
• registration of a cash register (card);
• in case of payment of the authorized capital in cash confirmation from the bank is attached.

Documents in original:

• confirmation of the compliance of the premises with the norms fire safety(Federal Fire Service);
• a certificate confirming that the license applicant has no arrears in paying taxes and fees (the certificate has a limited validity period).

How to get a license: procedure for registration 2020

2019 was in many ways revolutionary for entrepreneurs associated with the trade and production of alcohol. In particular, the requirements for a candidate for obtaining a license have also undergone changes.

Today, its issuance is carried out by the Federal Service of Rosalkogolregulirovanie.

To simplify the difficult fate of entrepreneurs, non-state intermediary companies entered the market, having received license certificates for the provision of services for obtaining licenses for the sale of alcohol for individuals and legal entities. They assist their clients, advise them, renew their existing ones and obtain new licenses for them.

An application for obtaining the right to carry out retail trade in alcohol is submitted to the Department for the Development of Entrepreneurship and Trade at the place of registration of a business entity. The license itself is issued strictly by Rosalkogolregulirovanie.

No more than 30 calendar days must elapse between filing an application and obtaining a license.

Possible reasons for refusal to obtain a license

It can happen like this: a huge package of documents has been collected, some of them have been notarized (which also costs money!), Finally, funds have been found for the state duty to obtain the coveted license. It would seem that the matter is small: put it all on the table of an official and wait for the deadline established by law in order to start making fabulous profits.

But in reality it turns out a little differently - everything is so, but until the moment the license is obtained.

Getting a license is often denied, and here's why. Overdue statutory documents, erroneously executed, fictitious or completely unspecified data about the applicant are submitted for consideration, the requirements for the authorized capital and its payment are ignored by the applicant, the premises are unusable, tax debts have not been repaid. Anyway, you can re-submit documents.

But! Neither state duty, no package of documents, in case of refusal, no one will return. Therefore, they should be taken as seriously and responsibly as possible.

Liquor license expiration dates

You will have to get a license to sell alcohol (wholesale or retail) more than once. If further sales of products are planned, then a license with the entire package of documents will have to be issued once a year, or it should be issued immediately for 5 years with the payment of the appropriate state duty.

Benefits from the alcohol business in 2020

One of the most profitable types of entrepreneurial activity, characterized by high profitability, has always been considered retail alcoholic products.

Despite the high costs in preparing documentation, bringing the premises to compliance technical requirements, all of them will more than pay off in the first few months of the outlet's operation. To achieve higher rates in making a profit, several basic conditions must be observed so that the business becomes profitable from the first days of its work.

Since the retail sale of alcohol products requires a trading area of ​​at least 50 m 2, it is better if such a large area sells not only alcoholic beverages, but also food, cooking, groceries, and tobacco products.

Practice shows that "alcohol boutiques", where only alcoholic beverages are sold, are not yet very popular in the territory of the Russian Federation.

It is important to consider that the percentage of the most popular drinks: vodka, cognac, beer and whiskey should be 70% of the total share of alcohol production. However, on the eve of New Year's or women's holidays, when the demand for wines and champagne increases sharply, their stock should be sufficient to fully provide the outlet with good revenue.

fines

The already considerable degree of responsibility to the consumer was noticeably tightened by the Federal Law No. 365-FZ adopted in December 2013.

In accordance with its articles, a negligent entrepreneur must pay up to 15,000 rubles, and organizations - up to 300,000 rubles. In addition to paying a fine, the regulatory authority must confiscate all alcoholic products sold without a license.

In case of non-compliance of the object with licensing requirements, even if there is a license, trade in the store or the operation of a cafe or bar will be terminated for up to 3 months.

The sale of goods with fictitious excise stamps is punishable by a fine of up to 300,000 rubles and the complete confiscation of the entire batch of the product. Moreover, ignorance will not exempt from responsibility and it will not be possible to hide behind the fact that alcohol in this form was received from the supplier.

Well, the loudest “novelty” of 2018 for those involved in the retail sale of alcohol was the introduction of the Unified State Automated Information System in January.

What does the law prescribe? From 1.01.2016 everyone who produces, sells alcohol wholesale and retail must connect to EGAIS in order to send information about their sales to the Rosalkogolregulirovanie Service from July 1, 2016.

In other words, the system will contain data on who, when each bottle of alcoholic beverages was produced, what is its composition, volume and strength.

So here is another potential fine for an entrepreneur: not connecting to the system will cost up to 15,000 rubles for individuals and up to 200,000 rubles for legal entities.

Learn how to get a license for alcohol from the video.

In contact with

In accordance with paragraph 3 of article 20 federal law“On the state regulation of the production and circulation of ethyl alcohol, alcoholic and alcohol-containing products and on limiting the consumption (drinking) of alcoholic products” The Government of the Russian Federation decides:

1. Approve the attached Regulations on the annulment of licenses for the production and circulation of ethyl alcohol, alcoholic and alcohol-containing products out of court.

2. Establish that the Federal Service for Regulation of the Alcohol Market is federal agency executive power authorized to make a decision on the annulment of licenses for the production and circulation of ethyl alcohol, alcoholic and alcohol-containing products out of court.

Position
on the annulment of licenses for the production and circulation of ethyl alcohol, alcoholic and alcohol-containing products out of court
(approved by Decree of the Government of the Russian Federation of August 14, 2012 No. 824)

1. This Regulation establishes the procedure for the annulment of licenses for the production and circulation of ethyl alcohol, alcoholic and alcohol-containing products (hereinafter referred to as licenses) by decision of the Federal Service for Regulation of the Alcohol Market out of court and applies to relations in which legal entities (organizations) are participants, regardless of their organizational - legal forms and forms of ownership engaged in the production and circulation of ethyl alcohol, alcoholic and alcohol-containing products and having licenses to carry out one or more of the following activities:

A) production, storage and supply of produced ethyl alcohol, including denatured alcohol;

b) production, storage and supply of produced alcoholic and alcohol-containing food products;

V) purchase, storage and supply of alcoholic products;

G) production, storage and supply of alcohol-containing non-food products;

e) retail sale of alcoholic products.

2. The decision to cancel the license for the types of activities specified in paragraph 1 of this Regulation is made in the following cases:

A) implementation legal entity(organization) specified in paragraph 1 of these Regulations (hereinafter referred to as the licensee), supplies (excluding exports), purchases (excluding imports) of ethyl alcohol at a price lower than the price established in accordance with paragraph 6 of Article 9 of the Federal Law "On State Regulation production and turnover of ethyl alcohol, alcoholic and alcohol-containing products and on limiting the consumption (drinking) of alcoholic products" (hereinafter referred to as the Federal Law);

b) implementation by the licensee of the supply (except for export), purchase (except for import) and retail sale of alcoholic products at a price lower than the price established in accordance with paragraph 5 of Article 11 of the Federal Law;

V) violation by the licensee of the special requirements for the retail sale of alcoholic products established by clause 2 and paragraph one of clause 5 of Article 16 of the Federal Law.

3. The cases provided for in paragraph 2 of this Regulation must be confirmed by decisions or judicial acts that have entered into force in cases of administrative offenses provided for by the Code of the Russian Federation on administrative offenses issued against the licensee (hereinafter, respectively - resolutions, judicial acts).

4. To confirm the cases specified in paragraph 2 of this Regulation, copies of decisions, judicial acts are sent (submitted) to the Federal Service for Regulation of the Alcohol Market after 30 working days after the entry into force of the decision, judicial act (if the identified violations were not eliminated within this period ):

• bodies, officials who are authorized to draw up protocols on administrative offenses provided for by the Code of Administrative Offenses of the Russian Federation (with the exception of the Federal Service for the Regulation of the Alcohol Market), - in relation to decisions;
• bodies, based on the results of whose appeal to the court a judicial act was adopted, - in relation to judicial acts.

5. The decision to cancel the license is made within 10 working days:

• from the date of receipt of a copy of the decision or judicial act submitted to the Federal Service for Regulation of the Alcohol Market in accordance with paragraph 4 of these Regulations;
• from the date of entry into force of the decision Federal Service on the regulation of the alcohol market;
• from the date of receipt by the Federal Service for Regulation of the Alcohol Market of a judicial act (if the Federal Service for Regulation of the Alcohol Market is the body, based on the results of which the court adopted a judicial act).

6 . The decision to cancel the license is signed by the head of the Federal Service for Regulation of the Alcohol Market or a deputy head authorized by him with a reasoned justification for the decision.

One copy of the decision to cancel the license within 3 working days from the date of such decision is sent to the licensee, whose license was canceled, by registered mail with acknowledgment of receipt and (or) in the form of an electronic document to the e-mail address of the licensee, at which correspondence is carried out, sending decisions, notices and notifications, using an electronic digital signature.

The second copy of the decision to cancel the license remains in the custody of the Federal Service for Regulation of the Alcohol Market.

If a decision is made to cancel a license for the type of activity provided for by subparagraph "e" of paragraph 1 of these Regulations, the third copy of the decision within 3 working days from the date of such a decision is sent to the licensing authority that issued this license in order to suspend its validity in the manner established by paragraph 1 of Article 20 of the Federal Law, before the entry into force of the decision to cancel the license.

7. The decision to cancel the license comes into force after 1 month from the date of its adoption.

8. The decision to annul a license may be appealed in accordance with the procedure established by the legislation of the Russian Federation.

The Federal Service for Regulation of the Alcohol Market informs the licensing authority that issued the license for the type of activity provided for by subparagraph "e" of paragraph 1 of these Regulations of the fact that the licensee in respect of which such a decision has been appealed against the decision to annul the license.

9. Information about the canceled license no later than the next day after the date of entry into force of the decision to cancel the license is placed by the Federal Service for Regulation of the Alcohol Market in the state consolidated register of issued, suspended and canceled licenses.

Chairman of the Government of the Russian Federation D. Medvedev

Expert comment

On the annulment of alcohol licenses out of court

The procedure for the annulment of licenses for the production and circulation of alcoholic products in an out-of-court procedure has been approved. Decree of the Government of the Russian Federation of August 14, 2012 No. 824 (hereinafter referred to as the Decree) establishes that the adoption of such a decision to terminate the license out of court is competent to be taken by Rosalkogolregulirovanie.

The provision applies to participants who produce alcoholic products, are engaged in its storage, supply and retail sale.

The document contains exhaustive grounds for invalidating a license for the production and circulation of alcohol. Such cases include:

• supply, purchase of ethyl alcohol at a price that is lower than the established one;
• supply, purchase and retail sale of alcohol at a price below the established one.

Thus, the order of Rosalkogolregulirovanie dated May 30, 2012 No. 131 from July 1, 2012 sets prices not lower than which purchases (excluding imports), supply (excluding exports) and retail sales of alcoholic products with a strength of more than 28 percent are carried out;

• violation by the licensee of special requirements for the retail sale of alcohol.

Among the special requirements for the retail sale and consumption of alcoholic products, the violation of which leads to the deprivation of a license, the following stand out:

• sale of alcohol in children's, educational, medical organizations; on all types public transport, at gas stations; at wholesale and retail markets, at railway stations, at airports; at military facilities; in non-stationary trade facilities; sale of alcohol to minors; sale of alcoholic products without accompanying documents;
• retail sale of alcoholic products from 23:00 to 08:00 local time.

If the licensee has these violations, then they must be confirmed by the decisions or judicial acts that have entered into force. And then within ten days from the date of receipt of the decision on the violation of the sale of alcoholic products, Rosalkogolregulirovanie makes a decision on the very fact of revoking the license.

Cancellation of licenses in court

According to paragraph 3 of Article 20 of Federal Law No. 171-FZ of November 22, 1995, a license for the production and circulation of ethyl alcohol, alcoholic and alcohol-containing products may be canceled by a court decision at the request of the licensing authority.

The basis for the cancellation of such a license in a judicial proceeding is:

1) detection of inaccurate data in the submitted documents required to obtain a license;

2) supply of ethyl alcohol to an organization that does not have the appropriate license, or without notice;

3) turnover of alcoholic products without labeling.

However, it is still necessary to prove the fact that the products are marked with fake marks and cancel the license on this basis.

For the correct application and for the authenticity of federal special and excise stamps, the owners (possessors) of alcoholic products engaged in its production, import, supply, retail sale are responsible (paragraph 6 of article 12 of the Federal Law of November 22, 1995 No. 171-FZ).

If the signs of falsification of federal special brands on alcoholic products are implicit, and their falsity can be established only in the course of an examination using special means, then judges are loyal to licensees.

In the particular case under consideration (Decree of the Federal Antimonopoly Service of the Urals District dated 06.06.2012 No. F09-4379/12), the alcohol seller did not know that the brands were counterfeit. Moreover, he showed due diligence and caution by requesting from the counterparty all the necessary shipping documents confirming the legality of the circulation of alcoholic products. Therefore, the judges decided that the committed violation of the requirements of the law did not cause significant damage to legal relations protected by the state, and therefore the annulment of the license is not an adequate measure of state influence.

That is, it was established that there are no sufficient grounds for the annulment of a license for the retail sale of alcoholic products;

4) supply of alcoholic or alcohol-containing food products to an organization that does not have the prescribed licenses;

5) failure to comply with the decision of the licensing authority to suspend the license;

6) repeated reporting of false information within one year in declarations on the volume of production, turnover and (or) use of ethyl alcohol, alcoholic and alcohol-containing products, use production capacity or repeated, within one year, late submission of the said declarations to the licensing authority.

By this paragraph there is such a practice. If the judges consider that the discrepancy between the data in the declarations is only formal signs of a violation, then this fact is not sufficient to cancel the license. So it was in the case considered by the judges in the decision of the Federal Antimonopoly Service of the North Caucasus District dated January 31, 2012 No. A61-1658 / 2011.

The discrepancy between the data specified in the declarations on the volumes of production and turnover of ethyl alcohol, alcoholic and alcohol-containing products for the III and IV quarters of 2010 was due to technical circumstances. Particularly due to failure software product 1C, which generates declarations. In addition, the company submitted updated declarations on the volume of production and turnover of alcohol-containing products.

The courts also found that these circumstances did not lead to a violation legitimate interests of the state in the field of regulating the circulation of alcoholic and alcohol-containing products, and the department did not provide evidence indicating a violation by the company of the requirements of the law earlier.

Considering this circumstance, the judges concluded that there were no sufficient grounds to apply to the licensee such a measure of award as the annulment of the license;

7) production of products that do not meet state standards;

8) production and turnover of ethyl alcohol on a contractual or non-contractual basis for organizations that do not have the appropriate licenses;

9) repeated suspension of the license for the same violation within one year;

10) failure to provide the licensing authority with the opportunity to conduct an inspection of the organization for compliance with licensing requirements, control over the operation of automatic measuring instruments;

11) operation of the main technological equipment in the absence of seals on automatic measuring instruments;

12) production and circulation of alcohol-containing products with an ethyl alcohol content exceeding the established maximum alcohol content in alcohol-containing products;

13) production and circulation of alcohol-containing products, information about which is not recorded in the Unified State Automated Information System;

14) supply of denatured alcohol containing denaturing substances that do not comply with the established list and concentration, or in violation of the procedure for using denatured alcohol;

15) conclusion of an agreement for the transportation of ethyl alcohol with an organization that does not have an appropriate license;

16) failure to send a notification to the licensing authority about the resumption of the use of the main technological equipment for the production of alcoholic beverages;

17) non-elimination in fixed time circumstances that led to the suspension of the license.

It should be noted that the grounds for canceling a license by a licensing authority in a judicial proceeding are the same as in an extrajudicial one.

Expert "NA" E.M. Yudakhin