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DECREE OF THE PRESIDENT OF THE REPUBLIC OF BELARUS

of November 8, 2016 No. 5

About movement, storage and sale of alcoholic beverages by physical persons

According to part three of article 101 of the Constitution of the Republic of Belarus:

1. Determine that:

1.1. the physical persons who are not the individual entrepreneurs having the right to perform (not for dealing purposes):

storage of alcoholic beverages in the territory of the Republic of Belarus without restrictions on their quantity;

movement on the territory of the Republic of Belarus without restrictions on amount of the alcoholic beverages marked in accordance with the established procedure by excise stamps of the Republic of Belarus and (or) special brands (including without documents confirming legality of acquisition of these drinks), and also the alcoholic beverages made by these persons for own consumption;

movement on the territory of the Republic of Belarus of the alcoholic beverages which are not marked in accordance with the established procedure by excise stamps of the Republic of Belarus and (or) special brands (including without documents confirming legality of their acquisition), of no more than 5 liters;

1.2. for the offense provided in part 2 of article 12.27 of the Code of the Republic of Belarus about administrative offenses (except for the acts provided in parts one and the second Item 2 of this Decree), measures of the administrative responsibility are not applied, the cases on the specified administrative offenses which are in production, and also execution of resolutions on imposing of administrative punishments for their making are subject to the termination according to the Procedural and executive code of the Republic of Belarus about administrative offenses.

2. Movement on the territory of the Republic of Belarus the physical person who is not the individual entrepreneur, more than 5 liters of the alcoholic beverages which are not marked in accordance with the established procedure by excise stamps of the Republic of Belarus and (or) special brands

attracts imposing of penalty in the amount of ten up to hundred basic sizes with confiscation of the alcoholic beverages exceeding quantity which movement is allowed, or without confiscation.

The act provided in part one of this Item committed repeatedly within one year after imposing of administrative punishment for the same violation,

attracts imposing of penalty in the amount of twenty up to hundred basic sizes with confiscation of the alcoholic beverages exceeding quantity which movement is allowed, and also the vehicles used for movement of alcoholic beverages (except vehicles public) irrespective of in whose property they are, or without confiscation of such vehicles.

Sale (in the absence of signs of illegal business activity) the physical person who is not the individual entrepreneur, the alcoholic beverages which are not marked in accordance with the established procedure by excise stamps of the Republic of Belarus and (or) special brands and also alcoholic beverages of own production

attracts imposing of penalty in the amount of five up to twenty basic sizes with confiscation of the sold alcoholic beverages, and also with confiscation of the alcoholic beverages which are not marked in accordance with the established procedure by excise stamps of the Republic of Belarus and (or) special brands, the alcoholic beverages of own production belonging to the perpetrator or being in the place of making of offense at the time of making of offense or without confiscation of such alcoholic beverages.

The act provided in part three of this Item committed repeatedly within one year after imposing of administrative punishment for the same violation,

attracts imposing of penalty in the amount of ten up to thirty basic sizes with confiscation of the sold alcoholic beverages, and also with confiscation of the alcoholic beverages which are not marked in accordance with the established procedure by excise stamps of the Republic of Belarus and (or) special brands, the alcoholic beverages of own production belonging to the perpetrator or being in the place of making of offense at the time of making of offense.

Protocols on the administrative offenses specified in parts one and the second this Item are constituted by authorized officers of tax authorities, bodies of the State Control Committee, customs authorities, law-enforcement bodies. Cases on such offenses are considered by district (city) court.

Protocols on the administrative offenses specified in parts three and the fourth this Item are constituted by authorized officers of tax authorities, bodies of the State Control Committee, law-enforcement bodies. Cases on such offenses are considered by district (city) court.

3. In six-months time to provide to Council of Ministers of the Republic of Belarus entering in accordance with the established procedure into the House of Representatives of National assembly of the Republic of Belarus of the bill of the Republic of Belarus providing reduction of the Code of the Republic of Belarus about administrative offenses, the Procedural and executive code of the Republic of Belarus about administrative offenses and other legal acts in compliance with this Decree.

4. This Decree becomes effective after its official publication.

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