In recent years, homemade moonshine production has transformed from a shameful and criminally punishable activity into a popular hobby for people of all incomes. Of course, there are no official statistics on this matter. However, there are indirect indicators. In some regions, sales of yeast and sugar are growing. Sellers of moonshine stills provide their reports: according to various data, at the end of 2015 - beginning of 2016, sales of various types of distillation cubes increased by 20-30%. The information is confirmed by one of the largest manufacturers of moonshine stills, the Chelyabinsk Household Appliances Plant. According to the most approximate estimates of experts, the volume of moonshine produced annually is 200 million liters.
Often, moonshine is not the final goal, but an intermediate link in the production of elite distillates: whiskey, cognac, Calvados.
European moonshine experience
Almost every country has its own analogue of our moonshine, its own original drink: moonshine, rakia, schnapps. The legislation of European countries is very loyal to their drinking traditions.
Among the EU countries, only Latvia, Lithuania, Estonia and Poland prohibit the production and, especially, the sale of homemade alcohol. In the rest, various measures are in place, ranging from production for personal use to open sale.
France is one of the most democratic in this matter. There are home distilleries everywhere locally. The production of Akvavit (living water) has been elevated to a cult along with wine.
In Austria, the tax office must pay the excise tax in advance for the required amount of alcohol. In exchange, you will receive a device with a built-in liter counter. The produced products can be used in any way, including for sale.
In Germany, home production of alcohol requires a license. But the licensing process itself is quite simple. You can also pay the excise tax, obtain a manufacturing permit, and take your raw materials and mash to legalized distilleries for distillation. Similar rules apply in Bulgaria, where there is a ban on home distillation, but there are public distilleries.
But outside the European Union, in our closest neighbors Belarus and Ukraine, moonshine brewing is prohibited. In Belarus, the ban came into force in 2009 after a slight thaw.
In our country, such activities came out of the shadows in January 1997, when criminal penalties for home brewing were abolished. How legal is such production today and what is the responsibility?
Federal legislation in the Russian Federation
At the moment, in the Russian Federation, any actions regarding alcohol are established by Federal Law of the Russian Federation Federal Law No. 171 of November 22, 1995 “On state regulation of the production of ethyl alcohol, alcoholic and alcohol-containing products.”
The answer to the main question appears already in the first article. The third paragraph states that home production of alcoholic beverages is not for sale, in other words, for personal use is not covered by this law. Moonshining itself is not criminally punishable. You can absolutely legally buy and store a moonshine still, make and store mash and alcohol-containing drinks at home, and consume it personally and with your family. It does not matter how high quality and safe such products are.
Responsibility arises in the event of sale of this product. Moreover, sales means not only direct sale, but also donation, exchange, and any paid or gratuitous transfer of your products to third parties. Recorded and proven sales of alcoholic products are already subject to the administrative and criminal legislation of the Russian Federation.
Administrative responsibility for the sale of moonshine
In the case of a proven fact of selling homemade alcohol, the moonshiner falls under Articles 14.1 and 14.2 of the Code of Administrative Offences. These articles look at this offense from different angles and apply different punishments.
Article 14.1 of the Code of Administrative Offenses turns its attention to illegal entrepreneurship. And if the first part of the article punishes for the lack of state registration of the corresponding individual entrepreneur or legal entity, then the second part punishes for the lack of a license obligatory for the sale of alcohol. In the first case, the fine varies from 500 to 1,500 rubles. In the second, from 2000 to 2500 rubles with possible confiscation of equipment and finished products.
Moreover, the question of how profitable this business is is not worth it. For investigative agencies, the receipt of income and the amount of profit do not matter.
Also, your actions may fall under Article 14.2. A fine is imposed on the sale of prohibited or restricted products. In addition, as an additional punishment, confiscation of production equipment and finished alcohol may be carried out.
In judicial practice, the illegal sale of moonshine is most often classified under Article 14.2, less often under the first part of Article 14.1. This decision is made by the relevant authorities depending on the precedents existing in the region. The second part of Article 14.1, according to human rights activists, cannot be used in this situation. There is no subjective side of the offense in the actions of a citizen (not an individual entrepreneur or a legal entity): as an individual, he cannot obtain a license for his activities.
If your activity is classified as an administrative offense, the fine will in any case be 500 - 1500 rubles. In the worst case, equipment and products may be confiscated.
Criminal liability
Illegal business
The Criminal Code considers the sale of homemade moonshine as an illegal business. A violation occurs if such trade is carried out without registration as an individual entrepreneur or legal entity or without a license (for types of activities subject to licensing) caused major damage or generated major income. Depending on the aggravating facts, Article 171 Criminal Code of the Russian Federation defines the following penalties:
- fine from 300,000 rubles;
- community service lasting up to 480 hours;
- arrest for up to six months.
Despite the severity of the article, it cannot affect ordinary moonshiners. The text contains a clause regarding the presence of damage to third parties (the state) or large-scale income. In this context, a large amount is considered to be an amount above 2,250,000 rubles. It is unlikely that home-made moonshine can bring such income. Moreover, this article is aimed at businesses selling illegal alcohol.
In any case, to start proceedings under this article, complaints from neighbors and testimony of witnesses alone are not enough. A test purchase must be carried out, audio and video materials confirming the offense. Additionally, an expert assessment of the production capacity of the distillation apparatus is carried out in order to establish the possible volumes of alcohol produced and sold.
Violation of security requirements
In the section of crimes against the population and public morality, Article 238 is provided. It is aimed at suppressing the transportation, production, storage and sale of products that do not meet safety requirements. This formulation is quite applicable to moonshine.
The punishment under this article is quite severe:
- fine from 100,000 to 500,000 rubles;
- community service up to 360 hours;
- restriction of freedom for up to 2 years;
- imprisonment for a term of 2 to 6 years.
Separately, it is worth noting the serious consequences in the event of death by a consumer of low-quality products. A proven connection between the use of moonshine and the death of 2 or more people, both the seller and the manufacturer faces:
- forced labor for up to 5 years;
- imprisonment for up to 10 years.
Until recently, it was impossible to confirm the quality of moonshine. During legal proceedings, expert testing of moonshine is carried out in accordance with GOST standards developed for rectified spirits (alcohols and vodka). It is quite predictable that moonshine, as a distillate, does not meet these requirements. Perhaps the situation will change due to the entry into force of new documents: GOST R 56368-2015 “Traditional Russian drinks made from natural raw materials” (valid from 01/01/2016) and GOST R 55799-2013 “Grain distillate” (valid from 07/01/2015) . The first document legalizes such concepts as moonshine, horseradish, honey, spotykach, sbiten. True, setting up the production of these drinks is an expensive pleasure and only large enterprises can do it.
Conclusion
Despite the initiatives of some deputies and legislators, in Russia there are currently no laws prohibiting the production of moonshine at home. You can do it for yourself and for the needs of your family. But it’s not worth selling it, even to friends. The minimum punishment is administrative liability and a fine of 500 rubles. In case of serious consequences, such a business may result in a deadline.
Attention, TODAY only!
Many owners of household distillers and those who are just planning (we recommend choosing a device with a brand distillation column or a brand steamer) are concerned about the question of whether it is legally possible to distill moonshine. It is also known that since January 1, 2018, the “moonshine law” - a number of regulations governing this industry - has undergone major changes. These changes are intended to tighten control over those who produce alcoholic beverages at home. Namely, they relate to limiting the volume of production of such products.
To drive or not to drive
Moonshine brewing for home individual consumption of alcohol is not prohibited by law in Russia. However, the law regulates the volumes of unlicensed alcoholic beverages produced. Before January 1, 2018, this figure was 4,000 deciliters (per year). The law on moonshine in Russia since 2018 allows the production of no more than 200 deciliters (2000 l) per year, which is 20 times lower than the previous threshold (new edition of Article 14.1 Federal Law dated November 22, 1995 N 171-FZ). This was done for a reason. Agree that drinking 40 thousand liters of forty-proof alcohol per year is hardly possible even for a large family together with their neighbors. Often, unscrupulous producers of homemade alcohol try to make money on this, but as a rule, there is no talk about the decent quality of the drink. Cases of poisoning with illegal alcohol and surrogate alcohol are gaining significant proportions: remember Irkutsk, when in December 2016 more than 100 people were injured and became victims of counterfeit alcohol. And there are dozens of similar cases of a smaller scale across the country.
The purpose of the 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 turnover of ethyl alcohol, alcoholic and alcohol-containing products and on limiting the consumption (drinking) of alcoholic products” is to return the scale of production of “homemade alcohol” within the framework of home consumption.
Moonshine is “legal”
And the local policeman will not come to your doorstep with an inspection, as in the old Soviet times. Responsibility will affect those who distill moonshine in small-scale quantities. The law on the sale of moonshine implies mandatory licensing. There is no license, but there are volumes of over 200 deciliters per year - that’s when it will already be an “article”. If you divide 200 deciliters by 365, you get a production capacity of 5.5 liters of moonshine per day. Equipment that allows the production of moonshine in such a volume, according to the new legislation, is subject to mandatory registration in the manner established by Decree of the Government of the Russian Federation No. 666 of May 30, 2017. Any equipment of appropriate production capacity is registered: classic distillers, columns and installations for rectification and purification of alcohol, installations for the production of alcohol. This applies even to those cases where you succeeded. But registration alone will not be enough. According to the law, individuals do not have the right to produce alcoholic beverages on an industrial scale, so registration of an individual entrepreneur or other legal entity will be required. Also, the equipment for the production of alcohol must meet certain standards, so not every moonshine still may be suitable for industrial purposes.
Responsibility for moonshine brewing in Russia in case of violation of the law will be as follows (Article 14.17 of the Code of Administrative Offenses of the Russian Federation):
So even transporting homemade alcohol in quantities exceeding the permissible limits is punishable.
Those citizens who comply with the law and produce moonshine exclusively “for themselves” can sleep peacefully. Household distillers are freely available for sale and this is legal. Many manufacturers have their official websites, you can do it in almost one click. Also, the manufacturer will always tell you online which will meet your needs.
Almost everyone who becomes interested in the process of moonshine brewing sooner or later begins to wonder whether and what kind of punishment there is for selling it. And this is correct: even if you are not involved in sales yourself, in the Russian Federation you always need to be prepared for the fact that they will try to attract you and fine you on any basis.
Codes and federal laws contain on their pages an innumerable number of articles under which, if desired, you can attract not only home distillers, but also anyone who generally purchases and drinks alcohol. But if we put aside sentimentality and turn to the facts, they are as follows: there is a punishment for moonshine in Russia, but not for everyone.
Law No. 171-FZ
Federal Law No. 171, the legal basis for protecting the population from counterfeit and low-quality 
alcohol, clearly states that individuals who make alcohol of any strength “not for the purpose of sale” cannot be held liable. That is, if you produce moonshine at home, even if it does not meet the requirements of current standards, you will not face charges for moonshine. In 2015, amendments were made to this law, but they did not affect private distilleries.
If any government official decides to visit your home or your other real estate (with your permission, of course) and finds even bottles of ready-made moonshine with price tags, he has no right to do anything. Witness testimony and collective complaints from neighbors will not help. There is no article for moonshine as such, and not for sale or other distribution options, in this law.
Administrative Articles 14.1 and 14.2
The minimum punishment for moonshine brewing in Russia, provided that homemade alcohol was actually sold (given as a gift, exchanged, etc.), is provided for in Article 14.1 of the Administrative Code. It is used to prosecute for illegal business activities. That is, if you are not a legal entity or individual entrepreneur, then you face a fine of 500 rubles and up to 2 thousand. Traders are punished with the same fines for selling parsley near a store.
Article 14.1 also has a second clause, which punishes activities without a license. Trade in products with degrees and the production of alcohol are licensed types of business, so this article may well be incriminated against a home distiller. Here the fine is already higher: from 2 to 2.5 thousand rubles. In addition to this, mash and moonshine may be confiscated.
Almost similar liability - a fine of 1.5 to 2 thousand - is provided for in Article 14.2 if the fact of sale of products whose distribution is limited by law is established. It is up to the authorized persons to decide under which article to be “excited”.
Criminal article 171
The sale of alcohol is a special type of business activity, which implies the presence 
licenses. Accordingly, if you sell alcohol, you may well fall under Article 171. It states that the basis for applying sanctions must be the receipt of large income, that is, an amount of 1.5 million rubles. In this case, the punishment for moonshine brewing in Russia is very severe.
If in some way the authorities manage to catch a home distiller selling alcohol, made with his own hands or made from store-bought alcohol, then liability will arise under the Criminal Code. “Catch” in this case means conducting a test purchase. There are other methods of proof, for example, video and audio recordings, but this one is used most often.
Next, it will be a small task: to convince the court that a large profit has been made. To do this, it is necessary to prove that the activity was carried out for a long time and that the capacity of the home distillery was quite sufficient to achieve semi-industrial production volumes. There are other ways to confirm the illegal flow of funds.
If a case is initiated against a private alcohol producer under Article 171 clause 1, then for the first time he will face a fine of up to 300 thousand. If there is no such money, they may impose a penalty in the amount of wages for the last two years. This article also provides for more severe punishment for selling moonshine: up to 480 hours of work for the benefit of the state or arrest for up to six months.
Criminal article 238
The most serious liability for moonshine in Russia can come if a case is opened against a home alcohol manufacturer under criminal article 238. It implies sanctions for those who produce, store and transport goods that can harm the life and health of the consumer.
The punishment under Article 238 is very severe: a fine of up to 300 thousand or seizure of wages for two years, 360 hours of work useful to the treasury. They may even restrict your freedom for two years, send you to forced labor, or imprison you for the same two years. Even stricter sanctions are provided if anyone is harmed by the sold moonshine.
This article, from the point of view of many legal scholars, is extremely dubious. It is not entirely clear how to prove that moonshine can actually cause more harm than store-bought alcohol. It is not clear what standards this drink should be compared to (now they are compared with GOST standards for vodka and ethyl alcohol, which is groundless and even illegal). However, this doesn’t bother judges much, and the practice is that small traders whose “colossal” income does not even reach 10 thousand a month are easily punished under this article in the complete absence of data on poisonings.
Let's summarize
If you make moonshine for your own needs, then you will not face a fine for moonshine brewing. Are you treating your family and friends? It’s also not punishable, especially if none of them complains about poisoning. Well, if you decide to turn your hobby into a profitable business, be extremely careful. After all, now, as always during times of budget deficit, the fight against low-quality alcohol in the country has become very intensified.
Moonshine brewing is a proven and quite popular method of producing an alcoholic drink. Even in ancient Rus', people distilled mash, and then learned to make moonshine from it.
Let's figure out how legal it is to brew moonshine for yourself and have such a machine at home.
Is moonshine allowed in Russia?
On Russian territory You are allowed to brew moonshine in any quantity, but only for your own consumption.
According to the current Federal Law of the Russian Federation Federal Law No. 171 of November 22, 1995, which is considered the main law on the circulation and production of alcoholic products, home production is not prohibited.
Difficulties with the issued law began when moonshine still appeared in many homes in Russia; before, people brewed it both for their own consumption and for sale.
In this regard, police officers went door to door and checked whether citizens were brewing alcohol for sale.
Reference! However, in January 2018 Amendments to a number of regulations called the “moonshine law” came into force. According to the amendments, control over the home production of alcohol is being tightened, and its production is strictly permitted in certain quantities.
In order to officially register their activities, a citizen will have to collect a number of documents for production permission, undergo quality control and a full inspection of the equipment. Your activity must be registered at one address.
As you know, the state receives huge tax payments for the legal sale of alcohol in the Russian Federation.
- Taxes, fees and state control make it possible to limit the share of low-quality alcohol on the Russian market.
- Private production is not responsible for quality and is even hazardous to health.
Watch the video in which a professional lawyer talks about the legality of moonshine in Russia:
Is it legal to make alcohol in Ukraine?
If in Russia there are no fines for moonshine brewing for personal consumption, then in Ukraine the situation is much stricter.
Important! Until 2014, the fine for making alcohol in Ukraine ranged from 3 to 10 of non-taxable income. After amendments to Article 176 of the Code of Administrative Offenses, the amount of fines was exceeded 10 times.
According to immediate forecasts, there are no plans to abolish fines for moonshine.
Every year, thousands of dollars in fines are received into the treasury for the possession and illegal distribution of illegal alcohol. In addition, control over the sale of alcoholic beverages in Ukraine belongs to the state.
Responsibility
In the Russian Federation, liability on this issue is provided for in two paragraphs: “Illegal entrepreneurship”, Art. 175 and “Production, storage, transportation or sale of goods and products, performance of work or provision of services that do not meet safety requirements” Art. 273
Depending on the circumstances, several outcomes are possible:
- Assignment of monetary compensation in the amount of up to three thousand.
- Correctional labor (180-240 hours) or arrest for a period of 4 to 6 months.
- If the sale of products led to the death of a group of people, then the perpetrator will face punishment of up to 10 years in prison.
In Ukraine, the use of moonshine stills and the production of alcohol, even for personal purposes, are prohibited.
According to Art. 176 of the Code of Administrative Offenses, the fine ranges from 3 to 10 tax-free minimum incomes of citizens of Ukraine.
Also, purchasing home-made drinks is punishable by monetary compensation. from 15 hryvnia. The fact is that, despite the prohibitions, it is extremely difficult to stop the production of alcohol, and the state treasury annually collects decent amounts from fines.
It is worth concluding: In Russia, legislation has a less aggressive policy regarding moonshine, but the responsibility for its distribution is also serious.
The authorities of any country are unlikely to ever soften the laws on moonshine, because such actions will simply be unprofitable for the state. budget.
Moonshining is an ancient activity that was popular back in the days of ancient Rus'. Several centuries ago, people did not drink moonshine, but mash - a product made from water, sugar and yeast. In those days, not a single feast was complete without mash, although the drink itself was considered very harmful to human health, since it contained impurities of wood alcohol and acetone. But if you distill the mash at a certain temperature, the harmful impurities will evaporate from it, and the mash will turn into moonshine. Is it possible to distill moonshine for yourself and is such activity not punishable by law in the Russian Federation?
Why do people distill moonshine?
For many, making moonshine at home is an opportunity to give up purchased alcohol. First of all, a person cannot be sure of the quality and safety of purchased alcohol, since not all alcohol offered for sale is of ideal quality. By making moonshine yourself, you can be sure of the quality of the product.
Moonshine for personal use
The moonshine stills offered for sale have an affordable price for many. Making mash at home requires minimal costs, so the cost of moonshine produced at home will be insignificant. All this allows you to save on the purchase of alcoholic beverages, and the amount of savings is quite noticeable.
Many people plan to brew moonshine in order to make money by selling it. And here the question arises: is it possible to brew moonshine in Russia for yourself and for sale?
Moonshine for yourself
Is it possible to brew moonshine in Russia? The answer to this question depends on the purpose for which a person makes homemade alcohol. For example, during the Soviet era, any moonshine brewing at home, regardless of where the final product went, was prosecuted by law. If a structure for distilling moonshine was found in a person’s home, its owner was sent to prison for two years.
Today, the Law “On Moonshining,” dated 1999, provides for administrative liability for the sale of any liquids containing ethyl alcohol by a private entrepreneur. But this does not mean that moonshine can be sold to ordinary citizens and make money from it. Since 1999, the Criminal Code of the Russian Federation has not contained articles that state that moonshine brewing as a type of activity is completely prohibited. In addition, moonshine stills are freely available in Russia, which allows anyone who wants to purchase such equipment for their home. At the same time, Russian legislation allows the storage and operation of such equipment, as well as the storage of stocks of manufactured products. Also, a fine is not imposed on the production of mash.
However, if law enforcement agencies record the fact of transportation of large quantities of homemade alcohol or the fact of its sale to private individuals, then the distiller will have to pay a fine. Punishment for moonshine brewing and sales of products will be expressed in the imposition of a fine for illegal business activities. In this case, the amount of the fine will vary from 500 to 5000 rubles. In this case, the equipment for distilling moonshine itself will be confiscated.
If, after paying, albeit a small, fine, the moonshiner continues to violate the law, then under Article 171 (Criminal Code of the Russian Federation) he will be charged with illegal business activity. In this case, the fine reaches 300,000 rubles, and, in addition, the distiller may be arrested for six months (as an option: 180-240 hours of correctional labor). Criminal liability for moonshine comes only in case of systematic violation of the law.
Do not forget about article number 238 (Criminal Code of the Russian Federation), according to which criminal liability is provided for the manufacture, storage, transportation and sale of products that do not meet safety requirements. All this is quite understandable, because the quality and safety of home-made moonshine is not checked by anyone.
Not all distillers are responsible for the quality of the moonshine they produce, especially if the product is manufactured for the purpose of sale. Drinking poorly made moonshine, which contains dangerous components such as wood alcohol, can lead to severe poisoning and even death. If law enforcement agencies manage to identify the moonshiner who made the moonshine from which a person died, then the lawbreaker will have to go to prison for 4-10 years.
Moonshine brewing in Russia is considered an absolutely safe activity for the distiller only if the alcohol is made for oneself.
Other CIS countries
If we consider the situation with moonshine in Ukraine, then in this country they are not as loyal to such a craft as in Russia. In 2016, the excise tax on alcoholic beverages was significantly increased here, and at the same time, strict liability for moonshine was introduced. For example, not only the sale of homemade moonshine is fined there, but also its production, even for one’s own use. Since 2014, the fine for the production, storage and sale of alcohol-containing products has been increased 10 times. Until 2012, the Criminal Code of Ukraine provided for criminal liability for the production and sale of alcohol.
As for Belarus, the legislation related to moonshine production is quite contradictory. For example, here law enforcement agencies have the full right to confiscate any distiller from a citizen, even if it was used for the purpose of distilling water and not for distilling moonshine. At the same time, you can purchase a moonshine still in the country without any problems.
Any person who decides to engage in moonshine brewing should first study the relevant legislation (Criminal Code) and act within the legal framework.
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