From the short film comedy “Moonshiners” we know that under Soviet rule, home distillation was prosecuted by law. But people still did it, but secretly. For this, if they were caught, they faced a 2-year prison sentence, but only after 1948. Today you can distill homemade alcohol for personal consumption, but it is prohibited to trade it. A new law banning the sale of moonshine to “private owners” has been in effect since 1995. It also provided for the confiscation of equipment for moonshine brewing and the finished product. However, in 2002, fines for making homemade alcoholic beverages were abolished. Selling is punishable.

Is it possible to make alcoholic drinks at home today?

The law allows distilling moonshine for home use. But selling to individuals is strictly prohibited. You can legally buy machines for the production of this alcohol. When purchasing, they are not required in the store or documents. You can’t even sell beer from home to anyone. It contains ethyl alcohol, albeit in small quantities. Any person could and can “surrender” to the authorities a seller of home-made alcohol. At least out of envy or anger. But you still need to prove the sale of moonshine or mash at home. And this can only be done by catching a moonshiner selling fusel milk.

What the law says

The Russian Federation Law on Moonshining of 1999 provides for administrative responsibility for the production and sale of alcohol-containing liquids by individual entrepreneurs. This also applies legal entities. It does not apply to ordinary citizens (not businessmen). This does not mean that you can sell moonshine at home. Another law from 1995 prohibiting this is still in force.

The State Duma was considering the possibility of introducing fines for the production of moonshine. And also for its storage. Perhaps this will only be an administrative penalty. The reason for introducing such a law in the future is the threat to social stability in certain regions of the country. But a bill establishing the legal responsibility of citizens for moonshine does not currently exist in Russia, and it is unlikely to appear in the near future.

About home brewing

You cannot sell homemade alcohol. Deputies of the State Duma, however, periodically propose whether moonshine brewing at home should be banned? But such a bill has not yet been adopted. People continue to make alcoholic drinks for themselves. Sugar, other products, and vodka are becoming more expensive. Many counterfeit alcoholic beverages have appeared on legal sale. It’s easy to get poisoned by low-quality alcohol from the “shop.” But while it is allowed to make moonshine at home, the authorities are not prosecuting for it. It is not yet prohibited for citizens to make and store any home-made alcoholic drink.

Should I sell or not?

Distilling moonshine for further sale is a dangerous activity. But at least get drunk on it yourself! Members of the household can also participate in drinking homemade alcohol. Neighbors can also visit it. It’s up to the owner to decide who to treat and who not to treat. You cannot offer moonshine or home brew to minors.

Russian legislation maneuvers in relation to moonshine, trying to somehow limit the increased consumption of alcohol by people. It either gives the monopoly on the production of alcohol into private hands, or takes it back. But excessive consumption of alcohol by the population continues. And its production either goes underground or “pops up” to the top. Also “manoeuvres”

Finally

You can get a drink with degrees, store and drink it yourself, but everything else is not allowed. Celebrating holidays with friends and neighbors with the same moonshine is not prohibited. Criminal liability in case of selling moonshine is quite strict. This is what we need to remember. Alcohol as a narcotic substance is addictive. It is especially dangerous at a young age. The Soviet government fought hard against drunkenness and alcoholism during perestroika. Then democratic changes in Russia made it possible to soften this struggle.

We'll tell you what restrictions amateur moonshiners will have to observe.

On January 1, 2018, amendments to a number of regulatory legal acts, collectively called the “moonshine law,” come into force in Russia. The changes are intended to tighten control over producers of so-called “homemade alcohol” - to limit the volume of production of such products so that they remain for home consumption and do not fill the market with illegal alcoholic products, as is happening now.

Let’s tell you in more detail what the “moonshine law” of 2018 is, what restrictions amateur moonshiners will have to comply with, and whether moonshine has really been outlawed.

Illicit alcohol market

The spread of illegal alcohol products is a big problem for Russia. Everyone remembers how in December 2016 in Irkutsk, more than 100 people were poisoned by Hawthorn tincture and other alcohol-containing surrogates. According to official data, the poisoning was fatal for 76 people. Similar cases, but on a smaller scale, were recorded in other regions of Russia in 2016-2017.

All this prompted legislators to take tough measures against the production of illegal alcohol, one of which was the adoption of the so-called “moonshine law” in 2017 (09/17/2017), which comes into force on January 1, 2018.

Is moonshine illegal?

Amendments to the Code of Administrative Offenses of the Russian Federation and Federal Law dated November 22, 1995 N 171-FZ “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” seriously frightened moonshine lovers.

Many believed that since 2018, moonshine has been illegal in Russia. And, as in the days of the USSR, local police officers will go from house to house and check to see if anyone is using first-generation alcohol, and all producers of home distillate found will be held accountable for moonshine brewing. However, this is not quite true. Those who really “drive” for their own consumption on a small scale are not in danger.

The changes will primarily hit “garage moonshiners” who produce alcohol on a small-industrial scale for sale. It is this type of alcohol, which is produced without a license and the necessary government control, that most often becomes the cause of fatal poisoning.

What restrictions have been introduced?

In accordance with the updated version of Art. 14.1 Federal Law of November 22, 1995 N 171-FZ, equipment for the production of ethyl alcohol with a capacity of not 4,000 deciliters, as it was before, but 200 deciliters (2,000 liters) is subject to mandatory state registration.

Production capacity, as you know, is calculated based on their maximum annual production, so 2,000 liters must be divided by 365, as a result it turns out that it is necessary to register equipment capable of producing 5.5 liters of moonshine per day.

Registration takes place in the manner established by Decree of the Government of the Russian Federation N 666 of May 30, 2017.

Moonshine brewing equipment includes and requires registration (if appropriate production capacity is available):

• distillation apparatus;
• apparatus and columns for purification and rectification of alcohol;
• installations for the production of alcohol.

For state registration, the moonshiner must provide the following to Rosalkogolregulirovanie:

• a statement indicating the type and location of such equipment;
• copies of equipment passports (if available) and (or) other information allowing its identification (including those containing the serial number);
• title documents for equipment.

However, registration alone is not enough. The equipment itself must meet strict requirements. Owners of such equipment will have to obtain a license and, accordingly, create a legal entity or individual entrepreneur, because the production of alcohol by individuals on such a scale is prohibited. Thus, a citizen’s application to Rosalkogolregulirovanie with documents on registration of his moonshine still with a capacity of more than 200 deciliters will lead either to its seizure or to conservation under the supervision of officials until all the necessary documents are received and state fees are paid.

Responsibility and punishment for moonshine brewing in Russia

The new law on moonshine in 2018 provides for liability for violation of requirements for the production and movement of homemade alcoholic beverages. In particular, in accordance with Art. 14.17 Code of Administrative Offenses of the Russian Federation (the so-called “article for moonshine”):

• the use and possession of unregistered technological equipment for moonshine brewing with a capacity of more than 200 deciliters threatens the owners with a fine of 3 thousand to 5 thousand rubles with confiscation of this equipment;
• liability has been introduced for the movement of unlabeled (homemade) alcoholic products in a volume of more than 10 liters per person: a fine - from 3 thousand to 5 thousand rubles.

For conscientious producers of homemade moonshine for their own needs, nothing changes. Devices for home “distillation”, as before, are on free sale. And local police officers, if they come to inspect a citizen’s living quarters to identify unregistered equipment, may not be allowed onto the threshold without appropriate court approval.

I’ll tell you about a person who found an opportunity to make a rather criminal way of earning money relatively safe and completely compliant with the current legislation.

It was 1998. A friend asked me to install and configure the software for one of his friends. He picked us up in an old UAZ, as he lived far outside the city. Looking into the car, I saw a dozen large cans there and smelled a very specific smell that could not be confused with anything else - the smell of moonshine. Naturally, I flatly refused to get into the car. The fact is that these were precisely those times when the mafia group in power, apparently having grabbed a large piece of the state alcohol industry, decided not to share with other mafiosi and introduced a formidable taboo on the production of burnt vodka - the so-called state monopoly. At that time, all kinds of authorities were chasing palenque producers, just like SMERSH was chasing German spies during the war. Naturally, then it was better to be involved in high treason than to get involved in an alcohol case.

The owner of the UAZ swore to me for a long time that we would not get into any trouble with him and finally told me about his simply ingenious scheme for selling moonshine.

The fact is that 70 kilometers from our city there is a huge landfill for all kinds of waste. And nearby, once upon a time, they began to build some kind of enterprise, but soon abandoned it. Unfinished buildings were chosen by homeless people. From 3 to 10 thousand people live there at different times of the year. They feed mainly from landfills, collecting glassware, paper and metal and handing them over to collection points. These collectors are divided into castes according to the types of raw materials collected. To get into one caste or another, you need to pay a kind of entrance fee in the amount of 500 to 5000 rubles. Consequently, the income from this activity is not small.

Now - the main thing. These people spend almost all their money on vodka. In winter, a glass of vodka every half hour saves you from the terrible cold, and the rest of the time, alcohol, clouding your consciousness, prevents you from going completely crazy. They drink a huge amount of alcohol - it is vital for them, like an anesthetic for cancer patients.

Our friend somehow established contact with their leaders and began supplying them with moonshine, which he himself distilled in his barn. At that time, vodka began to become more expensive, and a homeless person would not always be allowed into the store. But moonshine was sold much cheaper, and you didn’t have to worry too much about its quality - the main thing was that it was strong.

Twice a week this man took 200-300 liters of moonshine to the landfill. Before that, he was a farmer - he could barely make ends meet. And then, in a couple of months, I paid off my debts, paid off my bank loan, bought a new car, and started building a house. In response to my question about the dangers of communicating with customers, the man eloquently demonstrated a twelve-gauge double-barreled shotgun loaded with buckshot. Despite a completely soaked mind, any homeless person lives by the instinct of self-preservation, which is more developed in him than in any of us. So he won’t bother with a gun.

This whole scheme is interesting because it completely falls outside the scope of legislation and, with a little precaution, does not threaten any complications from the state, tax authorities, etc. No laws are being violated, because there is nothing in the legislation about homeless people; our legislators do not notice this phenomenon. The whole thing is a done deal. Even from a moral point of view, there is nothing out of the ordinary. Not a single person from that colony will return to normal life, and alcohol helps them endure their life. Our friend only satisfies this need in the best possible way and receives a well-deserved profit. There is no competition - no one else risks dealing with homeless people. There is no way to fall asleep searching for new clients - sales are always in bulk and, as they say, in one hand.

This is how the former farmer got a good job. Until the economy in the state returns to normal, such forms of business will be much more effective than traditional ones.

When faced with the topic of alcohol in my work, I often see and hear how people, mostly women, complain about the moonshine business, which is crippling their family and friends, and the efforts of law enforcement services have no impact on resolving the situation.

Such a business is in great demand among the population (of course, among a certain category) and the sellers still “are not overgrown with a popular path.”
I think that the entire territory of our state is affected by this disease, or at least most of it, considering that at the federal level such a type of offense as the sale of home-made alcoholic products is not punishable.

Maybe someone will be surprised that there is no punishment, but by looking through the Code of the Russian Federation “On Administrative Offenses”, they can see for themselves.
As a way out of the situation, some constituent entities of the Russian Federation are adopting their own laws establishing sanctions for the sale of moonshine. But even in this case, the effectiveness is practically zero.

Let's take, for example, Law of the Krasnodar Territory No. 608-KZ “On Administrative Offences”, where in a special part there is Article 2.8 entitled “Storage for the purpose of sale, as well as sale of home-made strong alcoholic beverages.”
The sanctions of this article provide for a fine in the amount of one to two thousand rubles for the first violation. In case of repeated violation within a year, the fine increases from two to two thousand five hundred rubles.

There is also part three of the article, which provides for punishment for the sale of this type of product to minors.
There seems to be a law, the fines, at first glance, are significant, but they don’t stop selling moonshine. What's the matter?

Let's calculate approximately how much an established moonshine shop earns? On average, fifty people can pass through such a point per day. Now we take the cost of 0.5 liters of moonshine. It depends on the area of ​​sale, the quality of the drink and consumer demand, and varies from 20 to 40 rubles. We multiply and we get that a moonshiner can earn from one to two thousand rubles per day without much effort. Yes, even if you take a very weak buyer, five hundred rubles. It's just a day!

Now let’s compare the amounts of the above fines with the moonshiner’s revenue and we ourselves will understand the whole situation.
I know of cases when a local police officer spent a long time trying to persuade one businessman to stop his business, and even fined him several times. As a result, when he clearly felt sorry for the policeman, he suggested that he agreed to pay a fine every month. And it will be good for him, the district police officer will visit only once a month, and the policeman will have a stable result according to the protocols. I don’t know how it all ended, but I think everything continues in the same spirit.
The fact that the moonshine business is a profitable business, especially in rural areas and small towns, today seems to be an indisputable fact.
Opposite the building where I live, there is another five-story building, where moonshine is sold in one of the apartments. So they even made an opening window in the front door, where anyone can knock, pay, get their shot or bottle and move on. Work in such a “store” is 24 hours a day. Naturally, if the whole yard knows about this point, the district police officer also knows about it.

But... On the other hand, law enforcement agencies can also be understood. Today, like fifteen or twenty years ago, you cannot enter a house, find moonshine, confiscate it and the apparatus itself, and even write a good fine. No, today the policeman must catch the moonshiner by the hand, or have testimony from the person who just bought moonshine in this very house. Also, for the strength of the evidence, it would be nice to have two witnesses to the fact of the sale. A police officer can enter a house without the consent of the owner only if it is obvious that a crime is being committed there, which the sale of moonshine is not. Where can you find witnesses to the sale, and also force a drinker to hand over the point, which is like a holy spring for him? So the police officers have to look for various tricks, which takes up a lot of time, which the policeman has very little of, since in addition to moonshine, there are many other important matters and problems at the station.

But everything described above applies only to home-made strong alcoholic drinks, and what about homemade wine of unknown quality, which is sold in the summer in many courtyards in the Krasnodar Territory, especially in resort areas. After all, there is no responsibility for this even in the regional law, but here, as they say: “What is not prohibited is permitted.”

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