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LAW OF UKRAINE

of December 19, 1995 No. 481/95-BP

About state regulation of production and turnover of alcohol ethyl, cognac and fruit, alcoholic beverages of tobacco products and fuel

(as amended on 14-07-2020)

This Law determines the basic principles of state policy concerning regulation of production, export, import, wholesale and retail trade by alcohol ethyl, cognac and fruit and grain distillate, ethyl alcohol the ethyl rectified fruit, grape distillate rectified grape, alcohol spirit, alcohol raw fruit, bioethanol, alcoholic beverages, tobacco products and fuel, ensuring their high quality and protection of health of citizens, and also strengthenings of fight against illegal production and turnover of alcoholic beverages, tobacco products and fuel in the territory of Ukraine.

Operation of this Law does not extend to retail trade by table wines, except the cases provided by this Law and also to production of grape wines and fruit juice beverages honey, the fruit liqueurs and tinctures made by citizens in house conditions for own consumption.

Section I. General provisions

Article 1. Determination of the basic concepts and terms

In this Law the stated below terms are used in such sense:

ethyl alcohol - ethyl alcohol - raw, ethyl alcohol the rectified technical, ethyl alcohol denatured (alcohol technical), the technical ethyl alcohol, ethyl alcohol rectified, corresponding to codes 2207 and 2208 according to UKT foreign trade activities and made from krokhmalo-and sacchariferous raw materials or of non-food types of raw materials on special technologies;

drinking ethyl alcohol - the ethyl alcohol rectified, diluted with water behind special technology to determined by the standard of content of alcohol;

cognac spirit - the alcohol received by conversion of cognac wine materials on special technology for further long-term endurance in oak container or the corrosion-proof or enameled reservoirs with oak staff-wood;

alcohol fruit - the alcohol received by conversion of fruits and berries, fruit juices of the alcoholic beverages fermented on special technology for production including on cognac technology;

bioethanol - the ethyl alcohol dehydrated, made of biomass or of ethyl alcohol - raw for use as biological fuel or biocomponent which belongs to goods item of 2207 according to UKT foreign trade activities.

alcoholic beverages - the products received by spirit fermentation of sacchariferous materials or made on the basis of food alcohols with content of ethyl alcohol of more 0,5 of percent of volume units which are specified in goods items 2203, of 2204, of 2205, 2206 (except kvass of "live" fermentation), 2208 according to UKT foreign trade activities, and also with content of ethyl alcohol of 8,5 of percent of volume units and more which are specified in goods items 2103 90 30th 00, 2106 90 according to UKT foreign trade activities;

low alcohol drinks - alcoholic beverages with content of ethyl alcohol from 0,5 to 8,5 of percent of volume units and extracts no more than 14,0 of on 100 cm 3, made on the basis of alcohol-water mixture with use of ingredients, semifinished products and preservatives, saturated or unsaturated carbon dioxide;

beer - the foamy alcoholic drink saturated with carbon dioxide with content of ethyl alcohol from 0, percent of volume units received during fermentation of hopped wort by beer yeast relating to commodity group of UKT foreign trade activities by code 2203;

beer nonalcoholic - the foamy drink saturated with carbon dioxide received in case of fermentation of hopped wort by beer yeast with volume fraction of alcohol no more than the percent 0,5 received by dialysis or interruption of incipient fermentation, or production of beer wort with reduced share of solids in starting wort, relating to commodity group of UKT foreign trade activities by code 2202;

tobacco products - filtered cigarettes or without filter, cigarette, cigar, cigarillos, and also pipe, snuffing, sucking, chewing tobacco, rustic tobacco and other products from tobacco or its substitutes for smoking, shuffing, suction or chewing;

wholesale trade - activities for acquisition and the corresponding transformation of goods for their following realization to subjects of managing (including foreign subject of managing which is effective through the registered permanent mission) retail trade another subjects of managing (including foreign subject of managing which is effective through the registered permanent mission);

retail trade - sales activity of goods directly to citizens and other final consumers for their personal non-commercial use irrespective of form of calculations, including on flood at restaurants, cafe, bars, other subjects of managing (including foreign subject of managing which is effective through the registered permanent mission) public catering;

the place of trade - the place of sales of goods, including on flood, in one trade room (building) in the place of its actual arrangement, for tobacco products of the liquids used in electronic cigarettes and beer - without restriction of the area, for alcoholic beverages, except beer, - the floor space at least 20 sq.m, equipped with registrars of settlement transactions and/or program registrars of settlement transactions by program registrars of settlement transactions (irrespective of their quantity) or where there are books of accounting of settlement transactions (irrespective of their quantity) in which proceeds from sales of alcoholic beverages and tobacco products of the liquids used in electronic cigarettes irrespective of whether sale of other goods is drawn up through them are fixed;

raw materials - objects of the labor and natural components which are subject to the subsequent conversion;

illicit trafficking in alcohol of ethyl, cognac, fruit, grain distillate, ethyl alcohol of the rectified grape, ethyl alcohol rectified fruit distillate grape spirit, alcohol raw fruit, bioethanol, alcoholic beverages and tobacco products - import, export, transportation, storage, trade in alcohol in ethyl, cognac and fruit, ethyl alcohol in the rectified grape, ethyl alcohol rectified fruit distillate grape spirit, alcohol raw fruit, bioethanol, alcoholic beverages and tobacco products with violation of requirements of the legislation regulating these questions;

falsification of alcoholic beverages and tobacco products intentional, with a mercenary motive production of alcoholic beverages and tobacco products with violation of technology or with unauthorized use of sign for goods and services, or copying of form, packaging, external design, and equally direct reproduction of goods of other entrepreneur with unauthorized use of his name.

Bona long-term use by two and more subjects of managing is not considered falsification (including the foreign subject of managing, who acts through the registered permanent mission) - the residents or subjects of managing (including the foreign subject of managing, which is effective through the registered permanent mission) who are their legal successors, signs for designation of homogeneous goods, the rights to which make sure the certificates on signs for goods and services received before enforcement of item 4 of article 6 of the Law of Ukraine "About protection of the rights to signs for goods and services", if such use began before the state registration of such signs;

illegal production of alcohol of ethyl, cognac and fruit and grain distillate, ethyl alcohol of the rectified grape, ethyl alcohol rectified fruit distillate grape spirit, alcohol raw fruit, bioethanol, alcoholic beverages and tobacco products - production of alcoholic beverages and tobacco products without availability of the license for this type of business activity.

complete production cycle of production - set of rooms, processing and other equipment, the corresponding engineering procedures providing conversion of raw materials in products ready for realization to the final consumer, and also laboratories, (own or attracted on a contract basis in the cases provided by this Law), accredited according to the legislation;

the storage location - the place used for alcohol storage or the room used for storage of alcoholic beverages and tobacco products which location information is entered in the Unified state register of storage locations;

The unified state register of storage locations (Unified register) the list of storage locations which is kept by tax authorities and contains the location information of storage locations and the information about applicants determined by this Law;

suspension of the license - temporary deprivation of the subject of managing (including foreign subject of managing which is effective through the registered permanent mission) the rights to carrying out the activities specified in the license in case of failure to pay the next payment for the license;

cancellation of the license - deprivation of the subject of managing (including foreign subject of managing which is effective through the registered permanent mission) the rights to carrying out the activities specified in the license;

the license (special permission) - the document of the state sample certifying the right of the subject of managing (including foreign subject of managing which is effective through the registered permanent mission)  on carrying out one of the types of activity specified in this Law during certain term;

distillate grape spirit - distillate with volume fraction of alcohol of ethyl from 70 to 80% about., received by distillation of wine materials grape, made without use of sulphurous anhydride or content of sulphurous acid in which is reduced by its removal (desulphitation) with the established regulations, including wines of grape, desulfitirovanny wines of grape, released yeast and gushchevy deposits, grape pomace, unsuitable for production, on special devices of continuous or periodic action, method of fractionation or double vygonka with receipt of primary distillation of distillate with content of alcohol from 23 to 32% about., with subsequent its fractionation for increase in volume fraction of ethyl alcohol from 70 to 80%, it is used for production of fortified grape wines, other wine-making products from grape raw materials or the subsequent rectification;

the ethyl alcohol rectified grape - the alcohol received by fractional distillation and purification of distillate grape spirit before the content of other products and substances determined by the standard and intended for production of grape wines and alcoholic beverages;

crude alcohol fruit - the distillate received by distillation of secondary raw material resources of fruit winemaking, which is raw materials for production of the ethyl alcohol rectified fruit;

the ethyl alcohol rectified fruit - the alcohol received by fractional distillation and purification of alcohol raw fruit before the content of other products and substances determined by the standard and intended for production of fruit wines and alcoholic beverages;

the minimum wholesale selling prices on alcoholic beverages - the prices determined by codes of products of the Ukrainian classification of goods of foreign economic activity for 1 liter of 100 percent alcohol, calculated proceeding from the lowest wholesale price on domestic or contractual cost on import products, taxes and fees which according to the current legislation are subject to payment from unit of production by domestic manufacturers and importers, and taking into account container cost;

the minimum retail prices on alcoholic beverages - the prices determined proceeding from the minimum wholesale selling prices on these products and the trade allowance;

The unified state register of producers of alcohol of ethyl, cognac and fruit and grain distillate, ethyl alcohol of the rectified grape, ethyl alcohol rectified fruit of distillate grape spirit, alcohol raw fruit, bioethanol of alcoholic beverages and tobacco products - the list of producers of alcohol of ethyl, cognac and fruit, ethyl alcohol of the rectified grape, ethyl alcohol rectified fruit of distillate grape spirit, alcohol raw fruit, alcoholic beverages and tobacco products which is conducted by the central executive body implements the state tax policy, and contains the data on producers of alcohol, alcoholic beverage products, tobacco products determined by this Law;

the ethyl alcohol rectified not denatured - the ethyl alcohol with alcohol content more than 80 percent of volume units received by fractional distillation of ethyl alcohol raw or bragorektifikation of dead-ripe distiller's wort;

the ethyl alcohol denatured - the ethyl alcohol rectified denatured and other types of ethyl alcohol of any durability mixed with other substances (denaturant additives) which do it non drinkable, but do not interfere with its use for the industrial purposes. The list of denaturant additives for denaturation of ethyl alcohol, held for use on customs area of Ukraine, affirms the Cabinet of Ministers of Ukraine. Denaturant additives for denaturation of ethyl alcohol, held for use outside customs area of Ukraine, are determined by conditions of the relevant agreement for export;

the ethyl alcohol which is not denatured - ethyl alcohol without denaturant additives.

the medical prevention - information on harmful effects of the use of tobacco products on health of the person which is on packs, boxes, souvenir boxes and also on packaging (except for transparent sheaths) in which tobacco products are in packs or boxes. The medical prevention consists of black rectangular frame at least three millimeters thick and the text placed in such frame. Medical preventions can be the main and additional.

The unified state register of the equipment for industrial production of cigarettes and cigarettes (further - the Unified register of the equipment) - the list of processing equipment for industrial production of cigarettes and cigarettes that contains the data on such equipment determined by this Law which is kept by the central executive body, realizing the state tax policy;

the main fraction of cognac spirit - the first isolated part of distillate in case of distillation of cognac wine material or alcohol raw;

residual fraction of cognac spirit - the last isolated part of distillate in case of distillation of cognac wine material or alcohol raw;

wine materials - the products of slaughtering of grapes, fruits and berries, solution of natural bee honey intended for production of alcoholic products;

wine materials grape - the wine materials received by slaughtering of grapes, intended for production of grape wines and other wine-making products;

wine materials fruit - the wine materials received by slaughtering of fruits and berries, intended for production of fruit wines and other alcoholic fruit products;

wine materials honey - the wine materials received by dissolution of natural bee honey in juice or wine materials fruit, intended for production of honey wines and other alcoholic products from honey;

grape wine - the wine made from grapes which fortress is acquired as a result of spirit fermentation of the crushed berries or svezheotzhaty juice and in case of production of fortified wines - raises by addition of ethyl alcohol of the purified and/or purified ethyl alcohol grape and/or distillate of grape spirit;

the fruit wine - the wine made from fruits and berries which fortress is acquired as a result of spirit fermentation of the crushed fruits and berries or svezheotzhaty juice and in case of production of fortified fruit wines - raises by addition of purified ethyl alcohol;

honey beverages - the drinks made from natural bee honey which fortress is acquired as a result of spirit fermentation of solution of natural bee honey and in case of production of fortified honey beverages - increases by addition of purified ethyl alcohol;

grain distillate - the alcohol food drinking ethyl distilled, received by distillation, volume units with a strength up to 70 percent is used for production of alcoholic beverages and alcohol-containing food drinks and made from grain raw materials / grain crops;

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