The draft federal law On Introducing an Amendment to Article 16 of the Federal Law On State Regulation of the Production and Turnover of Ethanol, Spirits and Products Containing Alcohol and on Restricting the Consumption (Drinking) of Spirits was submitted by the Leningrad Region Legislative Assembly.
The Government has examined the submitted draft federal law (hereinafter - draft law).
The draft law proposes a new version of subparagraph 10 of Article 16 Paragraph 2 of the Federal Law On State Regulation of the Production and Turnover of Ethanol, Spirits and Products Containing Alcohol and on Restricting the Consumption (Drinking) of Spirits (hereinafter – the federal law) permitting retail trade of spirits through “mobile shops in locations lacking stationary retail outlets.”
According to an explanatory note, the draft law is aimed at supplying quality spirits to residents in remote difficult -of-access locations.
It should be noted that under Article 16 Paragraph 6 Subparagraph 2 of the federal law, which will not be amended under the draft law, companies selling spirits (excluding beer and brewed drinks) in rural districts, must own, operate, manage or lease for a minimum period of one year to this end stationary retail outlets and warehouse spaces with an area of at least 25 square metres, as well as cash-register equipment, unless the federal law establishes a different provision.
The concept of a “mobile shop” is not defined by Russian law. This concept should be interpreted as a temporary retail outlet, which – under Article 2 Paragraph 6 of the Federal Law On the Foundations of State Regulation of Trade in the Russian Federation – is defined as a retail outlet in a temporary structure which is not securely attached to the land plot, whether or not it is linked to utilities (or a mobile retail outlet).
Article 16 Paragraph 2 Subparagraph 7 of the federal law bans retail trade of spirits in non-stationary retail outlets. Therefore the proposed amendment is inconsistent with federal legal standards.
It should also be noted that reducing the accessibility of spirits by restricting places of retail trade is a measure envisaged by the Concept of Implementation of the State Policy on Reducing the Scale of Excessive Use of Spirits and Prevention of Alcoholism among the Population of the Russian Federation to 2020, approved by Government Directive No 2128-r as of December 30, 2009.
The Government believes that the proposed amendment contradicts the existing attitudes to regulating issues in this area and requires further substantiation.