Is it possible to buy cigarettes with a driver's license?

What documents can you use to buy alcohol in 2019 - driver’s license, without a passport, student ID, military ID

There are people who, regardless of their biological age, always look young. Therefore, they have problems at the checkout when checking out at the liquor store. The seller will require documents when purchasing alcohol to ensure that the consumer is over 18 years old. Many people are used to showing their passport to buy a drink. But federal law also provides for other official identifiers that confirm age.

Regulatory acts

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The nuances of the sale of alcoholic beverages are specified in Federal Law 171, which was released in 1995. Article 16 of the second part of the eleventh paragraph specifically states that sellers may refuse to issue products to persons who have not yet turned 18 years of age. This is the official age of majority in Russia.

But in practice, sometimes employees of trading enterprises often encounter difficulty in determining the exact date of birth of a person. For this reason, a store employee has the legal right to demand a customer's passport to prevent violation of official rules.

If a department employee gives alcohol to a minor, he may be fined a large sum. Therefore, it is very important to understand what documents can confirm the buyer’s age. Their detailed list was approved by order of the Ministry of Industry and Trade of the Russian Federation.

Sales Law 2019

Consumers are already accustomed to the fact that they cannot buy alcohol at night. In most cities of the country, the prohibited time period is from 23:00 to 8:00 am. But in some regions the rules have been tightened and citizens will not be able to buy alcoholic beverages from 10 pm.

Deputies do not intend to dwell on these prohibitions for the sake of preserving public health. Therefore, in 2019, a bill is being developed that will limit the distribution of alcohol on certain days.

At the federal level, they are considering the possibility of banning the distribution of alcohol during last bells in schools, on Children's Day and other holidays associated with the younger generation. This is explained by the fact that young people fall under the harmful influence of alcohol because they cannot control the amount of consumption and rarely think about the consequences.

The State Duma also plans to issue a bill that will regulate the parameters of premises where the sale of alcoholic beverages is permitted. So far, nothing concrete has been officially published regarding this idea, but from July 2019 a new law will be adopted and published.

The provisions of the regulatory document indicate that in any bars and public catering establishments it is prohibited to display bottles of strong drinks on shelves. According to experts, if alcohol is in a prominent place, it encourages visitors to buy the product.

Thanks to the law, the display of any type of alcohol-containing products will be presented only on the menu, but not in the public domain.

Watch the video: “Forbidden Fruit / Beer and Cigarettes Experiment”

EGAIS system

In 2019, the government intends to improve the EGAIS system. For this reason, the sale of alcohol via the Internet will be officially prohibited. Actions to regulate the sale of alcohol in the virtual space began on January 1.

Every market participant must use the new online sales system. Special marks must be applied to products. If you ignore the rules, the goods will be confiscated and declared illegal.

To distribute alcohol in 2019, each official establishment must meet certain standards and comply with the following rules:

1. Have a special license confirming the legality of selling alcohol.
2. Retailers cannot serve alcohol from 11 a.m. to 8 a.m.
3. It is prohibited to sell strong drinks on holidays when children's or youth holidays are celebrated.
4. Each product must be officially labeled.
5. Bottles of alcohol must be punched with a scanner in order to keep records of the Unified State Automated Information System.
6. Do not sell products to persons under 18 years of age.

The following changes are also planned in EGAIS for 2019:

1. Introduction of piecemeal accounting for alcohol sales.
2. Control over the distribution of goods on the Internet.
3. Increasing the MRP for alcohol-containing products.

Additionally, the government is going to issue a decree banning the distribution of alcohol in containers larger than 0.5 liters. According to experts, this will reduce the level of consumption of hazardous foods. In 2019, a more transparent system for tracking the movement of alcohol throughout the country should begin.

Documents that can be used to buy alcohol

If the seller has difficulty determining the age of a potential client, according to the rules of the Russian Federation, he must ask to see a document.

To buy alcohol, citizens show their passport. But not every person will carry it in their pocket, since there is a risk of loss, which will take 2-3 months to recover. Therefore, many are interested in what other document can be presented when purchasing alcohol.

Driver license

The legislator banned the sale of alcohol with a driver's license several years ago. The list of official identifiers includes documents indicating the date of birth, as well as a photograph of the person who is going to buy alcohol.

For this reason, the VU was not initially considered a suitable document. The plastic card indicates that the citizen has passed the exam and is allowed to drive a vehicle.

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But after the release of a new decree number 1728, the government officially added VU to the list. Therefore, in 2019, any citizen of the country can confirm age and buy alcohol with a driver’s license.

The law was changed because previously it was possible to purchase cigarettes by showing a driver's license. Legal confusion arose when, according to the official laws of the country, anyone could buy tobacco products under the VP, but not alcohol. Looking through the forums, you can understand that people did not understand this distinction and asked questions about using the VU to register alcohol at the store checkout.

The right to buy alcohol with a driver's license is valid until December 31, 2019. The further position of the law is still unknown. Perhaps the government will issue a new order that will expand the official list of documents.

Student and military ID

To understand whether a military or student ID can be used, you need to study the official list of age verification.

Full list of documents with which you can buy alcohol:

1. A personal passport is used in most cases when registering at a liquor store.
2. International passport.
3. Seaman's certificate.
4. A temporary identifier that confirms the identity of a citizen who has arrived in Russia.
5. Service or diplomatic passport.
6. A document of a person who is undergoing military service under a contract.
7. Identification of a person who is a national of another country.
8. Paper confirming registration in Russia.
9. Refugee certificate.
10. A document issued to citizens who have received temporary asylum.
11. Driver's license.

The list does not include military or student ID cards. This means that the seller may refuse to issue alcoholic beverages. If you study the forums on this issue, you will find a large number of discussions where young people tried to find out the legality of the seller’s actions.

Citizens tried to purchase alcohol using a military or student ID, but the store employee did not process the purchase. The seller also refused to call the senior manager of the outlet to resolve the conflict, since he himself acted in accordance with the rules of the Russian Federation.

This situation suggests that military and student ID cards confirm the fact of service or receipt of secondary or higher education. Such documents do not confirm the age of majority, and therefore an attempt to buy alcohol using them is illegal.

Copy of the passport

If a person wants to buy an alcoholic drink using a photocopy or photograph of a passport, then we can confidently say that this is illegal. A copy is an unofficial document unless it is endorsed by a notary.

Watch the video: “Selling alcohol to a minor, or the desire of a local police officer to earn extra money”

Although there are situations when a citizen has a certificate in his hands, certified according to the rules, but the store refuses to sell alcohol. In this situation, it is necessary to involve a senior manager or management of the retail outlet, referring to legislative acts.

The fact is that when using Photoshop, the photocopy can be edited and put any date of birth. For this reason, to register alcohol-containing products, it is necessary to provide only the original document. You won’t be able to buy alcohol without a passport and only with a photocopy.

Responsibility for distribution of alcohol to persons under 18 years of age

The seller requires a document for review in accordance with Federal Law No. 171, paragraph 11, part 2. The regulatory legal act states that a store employee can use these provisions if in doubt.

If the seller ignores the established requirements, then the regulatory authorities may use the criminal and administrative codes against him. By studying Article 14.16 of the Administrative Code, Part 2.1, you can find out the exact types of punishment.

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So, for the first offense a fine is imposed. Repeated violation of the law will result in criminal liability.

Amount of sanctions:

1. For an individual – 30-50 thousand rubles.
2. For an official – 100-200,000 rubles.
3. Organizations – 300-500,000 rub.

If, after paying the first fine, the seller or any employee of the store again gives alcoholic beverages to a minor, then criminal punishment will follow in accordance with Article 151.1 of the Criminal Code of Russia.

Laws restricting the sale of alcohol should be treated with understanding. This is done to reduce the level of consumption of large quantities of alcohol, which can harm the health of not only one person, but also the nation as a whole.

However, if the seller refuses to issue the goods when the buyer shows an official document, then you can contact the store’s senior management. If the situation is not resolved peacefully, then the consumer will have the opportunity to file a complaint with Rospotrebadzor.

What to do if they don’t sell cigarettes with a driver’s license?

Hello, they refuse to sell me cigarettes in one of the Magnit stores using a driver’s license.

I would like to know possible measures of influence on the sellers and the administrator

I called the hotline, to no avail.

Order of the Ministry of Health of Russia dated May 12, 2014 N 215n “On approval of the list of identification documents (including the identity of a foreign citizen or stateless person in the Russian Federation) and allowing to establish the age of the buyer of tobacco products”

It will be possible to determine the age of the buyer of tobacco products based on a wide range of identification documents

The list was approved in accordance with Federal Law No. 15-FZ dated February 23, 2013 “On protecting the health of citizens from the effects of environmental tobacco smoke and the consequences of tobacco consumption.”

It includes the following documents:

passport of a citizen of the Russian Federation;

temporary identity card of a citizen of the Russian Federation;

seaman's passport (sailor's identity card);

military identification card or military ID;

passport of a foreign citizen;

residence permit in the Russian Federation;

temporary residence permit in the Russian Federation;

certificate of temporary asylum in the Russian Federation;

You can write a review in the complaint book, leaving your contact information with a demand to take action against the seller who violated your rights. You are required to respond either in writing or by telephone about the measures taken.

You also have the right to file a complaint with Rospotrebnadzor in order to check compliance with the law in the store.

Why are they not selling cigarettes and alcohol when presenting a driver’s license, since it is only issued to adults?

According to article paragraph 11 of article 16 “ Special requirements for the retail sale of alcoholic products, retail sale of alcoholic products in the provision of public catering services, as well as the consumption (drinking) of alcoholic products” Federal Law of November 22, 1995 N 171-FZ “On State Regulation production and circulation of ethyl alcohol, alcoholic and alcohol-containing products and on limiting the consumption (drinking) of alcoholic products” it is said that “Ban on retail sale of alcoholic products” and there is a listing in which it is said that in relation to “minors. If the person directly dispensing alcoholic products (seller) has doubts about whether the buyer has reached the age of majority, the seller has the right to demand from this buyer a document allowing him to establish the age of this buyer. The list of relevant documents is established by the federal executive body authorized by the Government of the Russian Federation ;"

The list reads as follows:

LIST OF IDENTITY DOCUMENTS AND ALLOWING YOU TO ESTABLISH THE AGE OF THE BUYER OF ALCOHOLIC PRODUCTS, WHICH THE SELLER HAS THE RIGHT TO REQUIRE IN CASE OF DOUBT ABOUT THIS BUYER’S REACHING THE AGE OF MAJORITY

1. Passport of a citizen of the Russian Federation, identifying the identity of a citizen of the Russian Federation on the territory of the Russian Federation

2. General international passport

3. Temporary identity card of a citizen of the Russian Federation

4. Seafarer's passport (seafarer's identity card)

5. Diplomatic passport

6. Service passport

7. Identity card of a military personnel or military ID of a citizen of the Russian Federation

8. Foreign citizen's passport

9. Residence permit in the Russian Federation

10. Temporary residence permit in the Russian Federation

11. Refugee ID

12. Certificate of temporary asylum on the territory of the Russian Federation

Also, so that there is no misunderstanding, I will stop questions about why there is no driver’s license here. The fact is that the specified list contains identification documents, i.e. talking about your data. But a driver’s license is a special right that allows you to drive a vehicle of a certain category, and the logic that only after 18 does not work here, because a driver’s license is a qualitatively different kind of document. A driver's license does not certify who you are (pay attention to what documents are indicated in the list), but only says that you have the right to drive a car and/or other vehicles, depending on what category you passed.

But there is also a name and year, stupid laws

A hypermarket that starts with “A” and ends with “shan” once refused to sell wine with a driver’s license, while clarifying that only cigarettes could be sold with it. I'm still scratching my head as to why this is so.

What is there in a passport that is not in a driver’s license in order to find out the age of the owner? Like most “scribbles” like Federal Law No. 171-FZ of November 22, 1995, they look ridiculous, are either unfounded, or even contradict other “scribbles.”

That's the point, the seller doesn't need my ID. The rights are one way or another a document that indicates my age, which in theory should cast aside doubts. After all, the key phrase is 《if the seller has doubts》. That is, in fact, they are not prohibited from selling using a driver’s license.

You did not understand. The law states that when a seller may require an identification document, and what kind of identification document. As I have already described, a driver’s license is not included in this list, so, strangely enough, sellers act in accordance with the law.

But the case with cigarettes is very strange, because the rules are the same. Look, according to the Federal Law of February 23, 2013 N 15-FZ “On protecting the health of citizens from the effects of environmental tobacco smoke and the consequences of tobacco consumption,” states , “Prohibition of the sale of tobacco products to minors and minors, tobacco consumption by minors, as well as the involvement of children in the process of tobacco consumption" is essentially the same thing, "If the person directly dispensing tobacco products (seller) has doubts about whether the person purchasing tobacco products (buyer) has reached the age of majority, the seller is obliged to ask the buyer for an identification document ( including a document proving the identity of a foreign citizen or stateless person in the Russian Federation) and allowing the age of the buyer to be established. The list of relevant documents is established by the federal executive body authorized by the Government of the Russian Federation.”

I already posted the list, it is the same, because they refer to the same one.

This rule has no logic from the point of view of a person unfamiliar with the laws. I agree with you all and also don’t understand why the legislator decided this way, I just presented evidence that they act in accordance with the laws of the Russian Federation and their logic is formal and legal, as I understand it. There is a list of identification documents and only they can indicate your age and other information. And you see, in both cases it says “ identifying him (including a document certifying the identity of a foreign citizen or a stateless person in the Russian Federation) AND allowing you to establish the age of the buyer ,” even if there was an OR , then you could not use a driver’s license , because the list establishes what documents can be presented in such cases. And it is added: “The seller is obliged to refuse to sell tobacco products to the buyer if there are doubts about the buyer’s reaching the age of majority, and a document certifying the buyer’s identity and allowing to establish his age is not presented. » clause 3, article 20 of the Federal Law of February 23, 2013 N 15-FZ “On protecting the health of citizens from the effects of environmental tobacco smoke and the consequences of tobacco consumption”

Although it seems to me that in the law it would be logical to expand the concept of a document certifying age , the list of which would include a driver’s license, and not just an identity document. Here it turns out that you need to change AND to OR in paragraph 3 of Article 20 of the Federal Law of February 23, 2013 N 15-FZ “On protecting the health of citizens from the effects of environmental tobacco smoke and the consequences of tobacco consumption” in the case of cigarettes, AND ALSO write that In addition to the closed list of identification documents, other documents containing age, date of birth and other characteristics may be presented to the seller, i.e. those that confirm the age of the buyer. And this would be logical, as has already been noted here, because you cannot get a driver’s license without being eighteen years of age.

League of Lawyers, how can I buy alcohol and cigarettes and prove my age with a driver’s license?

For example, I come to a store to buy vodka and cigarettes, and the only documents I have are a driver’s license. I don't look like Gandalf, so the seller might want to check my age.

The list of documents to confirm age when purchasing alcohol is established by this order of the Ministry of Industry and Trade http://www.rg.ru/2011/06/10/alko-dok.html A driver’s license is not on the list.

The list of documents to confirm age when purchasing cigarettes is established by this order of the Ministry of Health http://www.rg.ru/2014/08/05/udostoverenie-dok.html The driver's license is numbered 13.

So I went up to the cash register with a driver’s license and vodka and asked them to sell me cigarettes (sellers are required to keep them in a locked cabinet). the seller looks at the driver’s license and makes sure that I am 18+, takes out cigarettes from the cabinet.

Is this confirmation valid for the purchase of vodka? Or should the seller forget that I am 18+ and refuse to sell me vodka? And what is the point that the lists in the two orders are different?

how stuffy you are. take your passport with you when you go for the drink. or do you want hemorrhoids in search of the truth?

To confirm that it is really you, you need an identification document. In Russia, a driver's license is not such a document. Therefore, if they don’t want to sell you a beer according to your rights, go to another store) They have the right.

They always sell according to their rights. both in large supermarkets and even more so in small shops.

In theory, the license indicates the year of birth. + In addition to the license (usually in 1 wallet) there is also a certificate of registration of the car and compulsory motor liability insurance where all the same names are found. That is, if you are allowed to drive a category A, B vehicle with all the documents, then you are already 18.

They sell it to me according to my rights, even though I’m 35.

Just in theory. and a list of documents that you cannot have if you are under 18.

It’s just stupid that according to my rights you can break through my debts, alimony, call bailiffs, etc., etc. but they are not identification documents. Why then is the photograph taken?

And how will a Gay know that my rights are mine if my rights do not confirm my identity? Why doesn’t he check his license with his passport?

"Guard! Democracy is in danger!

No, it doesn’t work on vodka, you yourself found the necessary orders, in which everything is written.

What's the point? Ask your legislators.

I don’t even know what to say.

Stop smoking and drinking. And you won’t have to fill your head with all sorts of nonsense

Not true. Vodka, like any other alcohol, is from the age of 18.

Federal Law of November 22, 1995 N 171-FZ (as amended on December 29, 2015) “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”

Article 16. Special requirements for the retail sale and consumption (drinking) of alcoholic products
.
2. Retail sale of alcoholic beverages is not allowed:
.

minors. If a person directly distributing alcoholic products to minors (the seller) has doubts about whether this buyer has reached the age of majority, the seller has the right to demand from this buyer an identification document (including an identification document of a foreign citizen or stateless person in the Russian Federation) and allowing you to determine the age of this buyer.
========

According to the Civil Code, adulthood occurs at 18 years of age.

Is it possible to buy cigarettes with a driver's license?

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• Does the seller have the right to require the buyer to present a passport when purchasing alcohol?

In connection with the increasing number of requests from consumers asking about the legality of the seller’s requirement to present an identification document (passport) by the consumer when purchasing alcoholic products, we are clarifying.

In accordance with Article 426 of the Civil Code of the Russian Federation, an agreement between a consumer and a seller is a public contract, because According to paragraph 1 of this article, a public contract is an agreement concluded by a commercial organization and establishing its obligations to sell goods, perform work or provide services that such an organization, by the nature of its activities, must carry out in relation to everyone who applies to it (retail trade, transportation public transport, communication services, energy supply, medical, hotel services, etc.).

A commercial organization’s refusal to enter into a public contract if it is possible to provide the consumer with the relevant goods, services, or perform the relevant work for him is not allowed (clause 3 of Article 426 of the Civil Code of the Russian Federation) .

However, in accordance with paragraph 2 of Article 16 of the Federal Law of November 22, 1995 No. 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,” retail sales are not allowed alcoholic beverages to minors . If a person directly distributing alcoholic products to minors (the seller) , the seller has the right to demand from this buyer an identification document (including an identification document of a foreign citizen or stateless person in the Russian Federation) and allowing you to determine the age of this buyer. The list of relevant documents is established by the federal executive body authorized by the Government of the Russian Federation.

In accordance with the order of the Ministry of Industry and Trade of the Russian Federation dated April 15, 2011 No. 524 “On approval of the List of identification documents and allowing to establish the age of the buyer of alcoholic products, which the seller has the right to demand if he has doubts about whether this buyer has reached the age of majority” to These documents include :

Passport of a citizen of the Russian Federation, identifying the identity of a citizen of the Russian Federation on the territory of the Russian Federation.

General international passport.

Temporary identity card of a citizen of the Russian Federation.

Seafarer's passport (seafarer's identity card).

Identification card of a military personnel or military ID of a citizen of the Russian Federation.

Passport of a foreign citizen.

Residence permit in the Russian Federation.

Temporary residence permit in the Russian Federation.

Certificate of temporary asylum on the territory of the Russian Federation.

Based on the above, it follows:

1. In view of the restriction on the sale of alcoholic products to minors established by paragraph 2 of Article 16 of the Federal Law of November 22, 1995 No. 171-FZ, the seller does not have the right to sell alcoholic products to these persons , and therefore does not have the legal ability to conclude an agreement and has the right, with reference to paragraph. 3 tbsp. 426 and para. 8 paragraph 2 art. 16 of the Federal Law of November 22, 1995 No. 171-FZ to refuse to conclude a purchase and sale agreement for alcoholic beverages for a minor consumer.

2. Having prohibited the sale of alcoholic products to minors, the legislator did not oblige the seller to in any case find out the age of buyers or demand the presentation of documents certifying their age. Therefore, when the seller decides whether the buyer needs to present an identification document, it is necessary to proceed from whether the seller has doubts about the buyer reaching the age of majority, i.e., if the seller has no doubts about the buyer reaching the age of majority, then the seller should not require presentation passports. Doubts about the buyer's age can only arise upon visual inspection of the buyer.

3. The current legislation of the Russian Federation does not oblige a citizen to carry a passport with him at all times. This circumstance must also be taken into account.

4. According to paragraph 22 of the Decree of the Government of the Russian Federation of July 8, 1997 No. 828 “On approval of the Regulations on the passport of a citizen of the Russian Federation, a sample form and description of a passport of a citizen of the Russian Federation”: it is prohibited to confiscate a citizen’s passport, except in cases provided for by the legislation of the Russian Federation. Thus, the seller does not have the right to demand the transfer of the passport to him, nor to confiscate the passport from the buyer. However, the seller has the right to ask the buyer to present a passport for inspection from the buyer’s hands, but provided that the seller has doubts about whether the buyer of alcoholic products has reached the age of majority.