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ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of August 14, 2012 No. 824

About cancellation of licenses for production and turnover of ethyl alcohol, alcoholic and alcohol-containing products extrajudicially

(as amended on 16-08-2021)

According to Item 3 of article 20 of the Federal law "About State Regulation of Production and Turnover of Ethyl Alcohol, Alcoholic and Alcohol-containing Products and about Restriction of Consumption (Drinking) of Alcoholic Products" Government of the Russian Federation decides:

1. Approve the enclosed Regulations on cancellation of licenses for production and turnover of ethyl alcohol, alcoholic and alcohol-containing products extrajudicially.

2. Determine that the Federal Service for Alcohol Market Regulation is the federal executive body authorized on decision making about cancellation of licenses for production and turnover of ethyl alcohol, alcoholic and alcohol-containing products extrajudicially.

Russian Prime Minister

D. Medvedev

Approved by the Order of the Government of the Russian Federation of August 14, 2012 No. 824

Regulations on cancellation of licenses for production and turnover of ethyl alcohol, alcoholic and alcohol-containing products extrajudicially

1. This Provision establishes procedure for cancellation of licenses for production and turnover of ethyl alcohol, alcoholic and alcohol-containing products (further - licenses) according to the decision of Federal Service for Alcohol Market Regulation extrajudicially and extends to the relations which participants are:

a) legal entities (organizations) irrespective of their forms of business and patterns of ownership which are performing production and turnover of ethyl alcohol, alcoholic and alcohol-containing products and the having licenses for implementation of one or several following types of activity:

production, storage and supply of the made ethyl alcohol, including denatured alcohol;

production, storage and deliveries of the made alcoholic and alcohol-containing food products;

purchase, storage and deliveries of alcoholic products;

production, storage and deliveries of alcohol-containing non-food products;

retail sale of alcoholic products;

transportation of ethyl alcohol (including denatured alcohol) and not packed up alcohol-containing products with content of ethyl alcohol more than 25 percent of amount of finished goods;

b) the agricultural producers (the organizations, individual entrepreneurs and peasant farms) recognized by those according to the Federal Law "About Development of Agricultural Industry", having the license for production, storage, deliveries and retail sale of the made wine, sparkling wine (further - agricultural producer).

2. The decision on cancellation of the license for the types of activity specified in Item of 1 this provision is accepted in the following cases:

a) implementation by the legal entity (organization) specified in the subitem "an" of Item of 1 this provision, delivery (except for export), purchases (except for import) ethyl alcohol (except for bioethanol) at the price of the low price established according to Item 6 of article 9 of the Federal law "About State Regulation of Production and Turnover of Ethyl Alcohol, Alcoholic and Alcohol-containing Products and about Restriction of Consumption (Drinking) of Alcoholic Products" (further - the Federal Law);

b) implementation by the legal entity (organization) specified in the subitem "an" of Item of 1 this provision, delivery (except for export), purchases (except for import) and retail sale of alcoholic products at the price of the low price established according to Item 5 of article 11 of the Federal Law;

c) violation by the legal entity (organization) specified in the subitem "an" of Item of 1 this provision and also agricultural producer (further - the licensee) special requirements to retail sale of alcoholic products, stipulated in Item 2 and paragraph one of Item 9 of article 16 of the Federal Law;

d) implementation by the legal entity (organization) specified in the subitem "an" of Item of 1 this provision, transportation of ethyl alcohol (including denatured alcohol) and not packed up alcohol-containing products with content of ethyl alcohol more than 25 percent of amount of finished goods road transport without data transmission about movement of such road transport on the territory of the Russian Federation, including data on its current location, the passable route, time and places of parking, on navigation satellite systems in the automated control system of transportations of ethyl alcohol and alcohol-containing products in the territory of the Russian Federation;

e) transfer by the licensee of federal special brands to other person, and also transfer by the legal entity (organization) specified in the subitem "an" of Item of 1 this provision, excise stamps to other person;

e) use by the licensee of registered trade marks, and also the inventions and industrial designs protected by patents after the introduction in legal force of the judgment about their unauthorized use.

3. Cases, stipulated in Item 2 this provision, shall be confirmed with the resolutions or court resolutions on cases on the administrative offenses provided by the Russian Federation Code of Administrative Offences which are taken out concerning the licensee took legal effect (further respectively - resolutions, court resolutions).

4. For confirmation of the cases specified in Item 2 this provision, copies of resolutions, court resolutions go (are represented) to Federal Service for Alcohol Market Regulation after 30 working days after entry into force of the resolution, court resolution:

bodies which officials are authorized on creation of protocols on the administrative offenses provided by the Russian Federation Code of Administrative Offences (except for Federal Service for Alcohol Market Regulation), - concerning resolutions;

bodies by results of which appeal to court the court resolution is adopted, - concerning court resolutions.

5. The decision on cancellation of the license is made within 10 working days:

from the date of receipt of the copy of the resolution or court resolution provided to Federal Service for Alcohol Market Regulation according to item 4 of this provision;

from the date of the introduction in legal force of the decree issued by Federal Service for Alcohol Market Regulation; from the date of receipt of court resolution by Federal Service for Alcohol Market Regulation (if the Federal Service for Alcohol Market Regulation is body by results of which appeal to court the court resolution is adopted).

6. The decision on cancellation of the license is signed by the Head of the Federal Service for Alcohol Market Regulation or the deputy manager authorized by it with motivated reasons for the decision.

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