Drinking alcoholic beverages by minors: article, fine, liability

Childhood alcoholism is a negative social phenomenon that needs to be combated not only at the level of the family, home, public, but also at the state level. In this regard, for several years the Code of Administrative Offenses of the Russian Federation has had an article for drinking alcoholic beverages by minors.

It provides for liability for all categories of adults who contributed to the commission of such an offense by teenagers. After all, they are the ones to blame for this - a negligent and indifferent attitude towards children leads to the development of drug addiction, alcoholism, and substance abuse.

1 Who are minors
2 Law
3 Consumption in prohibited areas
4 Appearing drunk
5 Drinking
6 Other articles of administrative legislation
7 Responsibility
8 Punishment for teenagers
9 Detention process

Each of us must understand where the ban on drinking alcohol is recorded, who will bear responsibility, what punishment exists and many other points clearly established by law.

Who are minors?

The law does not contain such concepts as children and adolescents; the ban is imposed on the consumption of alcohol by minors, which means that first of all you need to deal with this category . Who is included in it?

The Civil Code of the Russian Federation stipulates that only when turning 18 years old, a person is an adult and can be called to serve in the aria, marry, purchase and drink alcohol. Citizens who are under 18 years of age are divided by age into two groups:

From birth to 14 years – minors. Parents or legal representatives will be held responsible for any illegal actions.
From 14 to 18 years old are minors who can be prosecuted for serious crimes. For various offenses and crimes of minor gravity, responsibility begins at the age of 16.

Can teenagers drink beer and low-alcohol cocktails?

In terms of the number of myths invented about beer, this drink is perhaps the leader among all types of alcohol. Many consider it harmless, including for children. In addition, most teenagers do not perceive beer as a “healthy” alcohol and drink it regularly. Meanwhile, an amber drink made from hops and malt is no less harmful for girls and boys than vodka. Firstly, even so-called non-alcoholic beer contains a small amount of ethyl alcohol. The body of a strong adult practically does not feel this share of ethanol, which cannot be said about children. This means that if a boy or girl has been drinking beer since childhood, they may have serious problems with their fertility and fatherhood as adults. Secondly, beer contains substances that disrupt the endocrine and reproductive systems. And thirdly, do not fool yourself that modern beer consists only of natural ingredients. In fact, this product usually contains many chemicals that do not bode well for a young body.

Low-alcohol drinks are no less dangerous. Many of them contain caffeine in addition to ethanol, which is an explosive mixture for the nervous and cardiovascular systems. First of all, low-alcohol drinks usually contain E-additives (colors, flavor enhancers, flavors, preservatives and stabilizers), many of which have a detrimental effect on the digestive system and other organs.

Law

In the Russian Federation, Federal Law No. 171 is in force, which is devoted to the procedure for the circulation and consumption of ethyl alcohol and alcoholic products, regardless of strength. Its regulations provide for a categorical ban on the sale of alcohol to teenagers under 18 years of age .

Therefore, they are also prohibited from drinking alcoholic beverages. Despite the fact that Russia has a separate law banning alcohol consumption by teenagers, the Code of Administrative Offenses examines individual actions in this area in more detail. We'll look at which ones next.

ATTENTION! Alcohol means mead, cider, beer, beer drinks, sparkling wine, champagne, various other types of wine and wine drinks, cognac, liqueur, martini, vodka, whiskey and other drinks containing a degree of alcohol. Consumption of each type by minors is strictly prohibited by law.

When can you start drinking alcohol?

The most logical and most correct answer from a physiological point of view is never. Regardless of age and amount of alcohol consumed, our body always perceives it as poison. The more alcohol you drink, the more severe the symptoms of intoxication become. However, there are categories of people for whom even a minimal amount of ethanol can cause irreparable damage. These include children and adolescents. By the way, prohibiting the consumption of alcohol before the age of 21 is quite reasonable, at least from a physiological point of view. It has been proven that the formation of human organs and systems continues until the age of 21, and drinking alcohol at an early age can disrupt these processes.

Psychologists also have their own opinion on this matter. They recommend that you start drinking alcohol only when you are fully aware of what alcohol is, how it affects the body and what the consequences of drinking it in excess are. And the awareness of all this, as a rule, comes much later than in adolescence. Even after 21 years of age, many people do not understand the dangers of alcohol abuse.

While under the influence of alcohol, teenagers tend to do reckless things. As a result, drunken parties often end in problems with the law, sexually transmitted diseases, unwanted pregnancies, and then abortions and all the ensuing consequences.

Consumption in prohibited areas

Liability in this case is provided for in Art. 20.20 Code of Administrative Offences. The norm applies to every person over 16 years of age. It is strictly forbidden to drink alcohol in public places - entrances, roads, parks, squares, beaches, reservoirs, lakes, elevators, landings and other areas.

Beverages include any alcohol-containing products, solutions, emulsions or suspensions that can cause intoxication and stupefying of consciousness. Please note that this ban applies not only to teenagers over 16 years of age, but also to any adult.

Since how many years have alcohol been sold in other countries?

In many countries, alcoholism of the population is treated with close attention. The authorities are trying to take reasonable measures to prevent increased interest in alcoholic beverages from early adolescence. Below is a table in which we have provided selective references to the norms of other countries.

Albania: No restrictions
Australia: From 18 years old
Belarus: From 18 years old
Bulgaria: From 18 years old
Hungary: From 18 years old
UK: From 18 years old
Germany: From 16 – wine, beer, from 18 years old strong alcohol
Georgia: From 16 years old
Egypt: From 18 years old – beer, from 21 years old strong alcohol
India: From 18 to 25 years old: each state sets local standards
Indonesia: From 21 years of age
Ireland: From 18 years of age
Iceland: From 20 years old
Italy: From 16 years old
Canada: From 18 and 19 years old
Cyprus: From 17 years old
Latvia: From 18 years old
Libya: Banned
Luxembourg: From 16 years old
Malta: From 16 years old
Norway: From 18 and 20 years old
Portugal: From 16 years old
Thailand: From 18 years old
Türkiye: From 18 years old
Ukraine: From 18 years old
Fiji: From 21 years of age
Sweden: From 18 years old
Switzerland: From 16 and 18 years old
Estonia: From 18 years old
South Korea: From 19 years old
Japan: From 20 years old

There is a list of countries where you cannot buy alcohol at all. There are only 16 of them, the list includes:

Afghanistan;
Mauritania;
UAE;
Somalia;
Kuwait;
Libya;
Oman;
Iran;
Saudi Arabia;
Pakistan.

Responsibility for the consumption and sale of alcohol is established at the legislative level. Interestingly, in a number of countries the bans do not apply to tourists:

in Pakistan;
in the United Arab Emirates;
in the Maldives.

The following facts will also be interesting:

Already in 2009, in France, the age of majority for purchasing alcohol was raised from 16 to 18 years. At the same time, legislators introduced fines for sellers: for violation they pay 7,500 euros;
In Greece, teenagers cannot drink alcohol in public ;
In Italy, selling alcohol to minors is punishable by a fine of up to 1,000 euros;
If a seller in Switzerland sells alcohol to persons under 16 years of age in dangerous quantities, he will face criminal liability of up to 3 years in prison;
In Portugal, everyone is allowed to buy beer and wine, even children.

Appearing drunk

Article 20.21 of the Code of Administrative Offenses prohibits a person over 16 years of age from appearing drunk in parks, squares, public transport, or on the street. First of all, this offends human dignity, permits the moral character of the individual and encroaches on public morality. By committing such a violation, a person promotes alcohol-containing products and with his entire appearance shows the degree of pleasure from it.

ATTENTION! In the event that a citizen appears drunk on the street, in a park or other place, but at the same time he does not insult a person’s dignity, does not pester people and does not disturb order, there is no question of an offense. Punishment is imposed for unkempt appearance, offensive words and actions associated with drunkenness.

Regional restrictions

Any subject of the Russian Federation can amend regulations on regulating the virtual supply of alcohol. But they can only tighten restrictions :

reduce implementation time,
prohibit sales on certain days,
regulate the locations of sales points.

In some republics, the sale of alcoholic beverages is prohibited not only at train stations and near children's institutions, but also:

near museums, cinemas, exhibitions,
in transport or at stops,
at gas stations,
in mobile trade pavilions.

Drinking

The previously mentioned articles provided for bans on people who were 16 years of age or older; for those whose age is less, there is Article 20.22 of the Code of Administrative Offenses of the Russian Federation.

It directly prohibits citizens under 16 years of age from being intoxicated, as well as from drinking alcohol.

It is important that the state of intoxication includes not only the stupefying of consciousness after drinking, but also the consequences of drinking alcohol in the form of withdrawal symptoms (hangover). The peculiarity of the article in question lies in the subject of the offense, that is, the act is committed by a minor who is under 16 years of age.

In addition, responsibility comes for several alternative actions:

The appearance of a child in a state of alcoholic intoxication. Previously, the law stated that a mandatory condition was to appear in a public place. Now it doesn’t matter whether the territory is public or not, the fact of intoxication is the basis for applying punishment.
Drinking of alcoholic beverages by minors on any territory, regardless of whether it is recognized as public or not.
The use of intoxicating, potent and psychotropic substances, because drug intoxication is no less dangerous than alcohol intoxication.

Why alcohol is prohibited for children

All alcoholic drinks, regardless of type and strength, contain ethyl alcohol. After the first sip, it quickly enters the bloodstream and spreads throughout the body. The danger of ethanol is that it affects the central nervous system (brain and spinal cord) and disrupts almost all body functions.

It has been scientifically proven that alcohol is a depressant, meaning it slows down the functioning of the central nervous system. Alcohol blocks the exchange of “messages” between brain cells and other organs. As a result, human perception, coordination and emotional state are disrupted. It has been proven that under the influence of alcohol in the brain the processes responsible for the development of intelligence, logical and creative thinking abilities are disrupted. In other words, drinking alcohol at a young age not only slows down development, but also contributes to human degradation.

Ethanol is much more dangerous for children and adolescents who are just developing their bodies than for adults. If a child is dependent on alcohol from an early age, alcohol can impair or stop brain development altogether. In such cases, various types of mental illness occur, including dementia. Moreover, regular consumption of alcohol at a young age can lead to delayed physical development, disruption of the liver, kidneys, bladder, stomach and endocrine system.

By the way, if the organs of the digestive system of an adult begin to suffer greatly after about 8 years of regular alcohol consumption, then in the body of children these processes begin much faster.

It is much easier for teenagers to become poisoned by alcohol than for adults. Depending on the properties of the body, some children may develop intoxication even after a glass of beer. Moreover, children adapt to alcohol much faster than, say, 30-year-olds.

Responsibility

Many teenagers, when committing illegal acts, arrogantly believe that they will avoid fines and other punishments, because their age is too young. I would like to immediately note that those teenagers who are 16, 17 or more years old are held accountable on an equal basis with adults. The size and form of punishment vary depending on the type of violation:

For drunkenness, that is, drinking in a public place, the authorized officers impose a fine on the violator from 500 to 1,500 rubles.
A citizen appears drunk in a place recognized as public - a fine of 500 to 1,500 rubles. Alternatively, officers can impose a seizure of up to 15 days.
Involving a teenager - those of age who do this will be fined from 1,500 to 3,000 rubles. If a child drinks on the initiative of a parent/representative - a fine of 4,000 to 5,000 rubles . The Criminal Code of the Russian Federation provides for compulsory labor for up to 480 hours, correctional labor for up to 2 years, arrest for up to 6 months or imprisonment for up to 4 years for the systematic involvement of a teenager in drinking alcohol.
For the illegal sale of alcohol, a fine is provided for the seller from 10,000 to 15,000 rubles with confiscation of what was sold, for a legal entity a fine of 200,000 to 300,000 rubles, again with confiscation.

The fines are quite large, but despite this, the percentage of child alcoholism is constantly increasing. This suggests that the problem needs to be solved not only at the legal level, but also at the public level. Each of us must understand that alcohol is evil and prevent teenagers from becoming alcoholics.

Punishment for selling alcohol to minors

Responsibility for the sale of drinks containing alcohol to citizens under the age of eighteen is determined in accordance with the norms enshrined in Article 14.16 of the Code of Administrative Offenses of the Russian Federation.

Administrative cases initiated under this article are in most cases considered by arbitration courts, since the entity that committed the offense is a legal entity or individual entrepreneur.

If an individual is brought to justice for selling drinks containing alcohol to minors, the protocol drawn up by the police is sent for consideration to the court of general jurisdiction at the place of registration of this person.

If a drink containing alcohol was sold to a citizen under the age of majority in a trading establishment, then the following will be held liable: directly the seller, the head of the trading establishment, as well as the legal entity or individual entrepreneur who owns this trading establishment.

How to identify counterfeit alcohol?

Can a minor be fined? Read here.

How to get legal advice on juvenile matters, read the link: https://novocom.org/konsultaciya-yurista/besplatnaya-yuridicheskaya-konsultaciya-po-delam-nesovershennoletnix.html

Please note! Fines for selling drinks containing alcohol to citizens under the age of majority are:

for individuals – from 30,000 to 50,000 rubles,
for officials – from 100,000 to 200,000 rubles,
for legal entities – from 300,000 to 500,000 rubles.

We emphasize that, in addition to administrative liability, the sale of drinks containing alcohol to citizens under the age of majority may also result in criminal liability.

Criminal liability is imposed for repeated sales of alcoholic beverages to minors. Punishments for this crime range from large fines to 4 years in prison.

Separately, we emphasize that in order to determine the age of citizens, sellers selling drinks containing alcohol have the right to require the presentation of a document identifying the buyer.

Illegal trade in alcohol.

Punishment for teenagers

Article 20.22 provides for acts committed by persons under 16 years of age. Are there punishments for such children and in what form are they given? For parents or legal representatives of teenagers, an administrative fine is established in the amount of 1,500 to 2,000 rubles.

Prosecuting adults for drunken teenagers is due to the fact that the former are entrusted with the responsibility to raise children and prevent them from leading a negative lifestyle.

Sale of alcohol-containing products via the Internet

In 2021, the sale of weak alcohol via the Internet was prohibited. But in January 2021, alcoholic drinks of any strength began to be offered via the Internet. Legislators created big problems when opening a store and obtaining licenses, but even the introduction of the Unified State Automated Information System did not stop traders. The number of stores selling drinks online is constantly growing. But the ban on offering to buy alcohol at night works even on the Internet. Domain names on the network are assigned by Rosalkogolregulirovanie.

Delivery of alcohol is carried out by couriers, who are required to make sure that the buyer is of age.

The purpose of introducing age restrictions by the state

State regulation of age restrictions on the sale of alcohol was not introduced by chance. Statistics regarding alcohol consumption among young people are shocking:

only 4% of schoolchildren have never tried alcohol;
almost all young people in Russia over the age of 15 regularly drink alcohol, and many of them drink strong drinks such as vodka or cognac;
60% of young Russians drink alcohol more than once a week;
500 thousand Russians under 14 years of age suffer from alcohol addiction.

The alcohol policy of the Russian Federation is yielding results: the number of drinkers and the volume of alcohol consumption are gradually decreasing.

The state limits the age at which it is legal to purchase alcohol, as it seeks to ensure the health of its citizens. For the same purpose, other measures are being taken, such as limiting the time for the sale of alcohol, a ban on advertising of alcoholic beverages and beer, and regulating pricing policy.

Where you can't sell alcohol

The legislative branch of the Russian state strictly regulates all production technology, storage standards and distribution of alcohol-containing products. The law clearly states where alcohol can and cannot be sold. Such places include:

paramilitary facilities;
territories of markets and bazaars;
sports facilities;
places intended for mass recreation of people;
stops, stations (railway and sea), airports and bus pavilions;
medical, general education and children's organizations (as well as territories adjacent to these institutions).

Considering which areas are considered “nearby territories” to objects prohibited for the sale of alcohol, one can draw an ambiguous conclusion. The dimensions of this area are regulated by local authorities; they are allowed to make their own adjustments to the dimensions established by law.

What are the penalties for drinking alcohol?

The permissible deviation from the established norms establishing fenced areas to adjacent objects where it is prohibited to sell alcohol (they are about 25-30 meters) should not exceed 30%.

Opinions on the ban

In Russia, some officials believe that this temporary ban will help reduce the level of alcohol addiction. After all, the hours for purchasing alcohol fall late after work, when people, not finding other entertainment for themselves, having drunk a glass or two, begin to look for “supplements.” After all, the seemingly uplifting mood is only the body’s first reaction to alcohol. Therefore, if there is nowhere to buy it, then they will drink less.

Others believe that this is not a problem; alcohol can be purchased in advance in larger quantities at the permitted time. In this case, the problem of alcoholism is not only not resolved, but also becomes even more problematic. After all, a person who does not know how to control himself will drink all the purchased alcohol at once. And this leads to alcohol poisoning, intoxication of the whole body, arrhythmia, and in severe cases, stroke or heart attack. And this is already one step away from death.

Opponents of the ban also suggest that it only contributes to the development of a shadow surrogacy market. And here there can be no talk about the quality of alcohol.

The current law prohibits the remote sale of alcohol. However, there are sellers who circumvent this ban by cunning. This is a disguise for the sale of alcohol, where, under the guise of sale, they provide it as a gift. It is difficult to find out what quality it is and where it comes from in an online store. And after a person is hospitalized with poisoning, the question arises about the quality of the alcohol and whether it was really the original.

Fine for drinking alcohol by minors and other penalties