the head of the Duma Committee on state construction and the legislation Pavel Krasheninnikov (United Russia) believes that raising the age of sale of alcohol is contrary to the Constitution and the Civil code. As you know, in the Federation Council and the Ministry of health ban the sale of alcohol to people under 21 think in terms of the epidemic is very relevant.
“of Discussion on this topic was raised repeatedly. The question of raising the minimum age, which is allowed for the sale and consumption of alcoholic beverages, was raised in a number of bills”, – reminded in a statement on may 22 comments g-n Krasheninnikov. As an example, he cited, among others, the bill, which was submitted to the Duma in last convocation, signed by then Senator and now a Deputy Vyacheslav Fetisov.
Mr. Fetisov offered exactly the same thing, as they say in the Federation Council: to raise the age of sale of alcohol in Russia from 18 to 21 years. The bill was rejected in this convocation, in 2018. Reason? In the negative conclusion profile at the alcohol of the Duma Committee on economic policy among other are the same arguments cited by the g-n Krasheninnikov.
first, the General age of legal capacity in Russia is set at 18 years, and it is enshrined in article 60 of the Constitution. It says that the citizen of the Russian Federation may exercise fully their rights and obligations from this age. “Thus, under 18 years of age, the citizen is able to make informed decisions, to fully realize the nature and legality or wrongfulness of his actions (inaction) and control them, and in full for them to bear legal responsibility,” – says the head of the Committee for state construction and law.
second, this is also stated in article 21 of the Civil code: the ability of citizens by their actions acquire and exercise civil rights, create for themselves civic duties and perform them arises in full with approach of age of majority, i.e. on reaching 18 years of age.
moreover, civil capacity may occur earlier – for example, in the case of marriage. “The purchase of alcoholic beverages is part of the contract of retail purchase and sale, also adjustable of the civil code, and civil status of the parties to the transaction” – has noted g-n Krasheninnikov. In addition, with 18 years of age is associated active right to vote, to marry, to serve in the Armed forces, etc., an Adult citizen may carry out entrepreneurial activities and to deal, including the sale of alcoholic p��of odysii. With the age of 21 years any new rights and responsibilities under Russian law, does not arise – except that the passive electoral right, i.e. the right to be elected to some state authorities.
you should Also consider, continues the Deputy, responsibility for a child under the age of 18 are mostly parents, mechanisms of parental responsibility in relation to the citizen aged between 18 to 21 years of age. Yes, in some foreign countries allowed to buy alcohol is 21 (for example, in the US), but there is the capacity arises from the age of 21.
“Thus, from the point of view of constitutional and civil law raising the age of sale and consumption of alcohol products is contrary to the rules contained in the Constitution and the Civil code,” said Mr. Krasheninnikov.
by the Way, now the state Duma is considering another bill for about the same theme: he was made a large group of deputies-United Russia last summer, and is still pending. The authors propose to allow the regions themselves to decide whether their territory to sell alcohol to Russians under the age of 21. The relevant Committee on economic policy of his imprisonment is still not given. And in the official opinion of the government States that “the desired result” the implementation of this initiative will not, because “the citizens living in regions with a high level of restriction you will be able to purchase alcoholic products in the neighboring regions, where the level limits are lower.” With this in mind, the government does not support the bill.
