Trade in alcoholic beverages through an online store: legal grounds

Commercial law
Topchiy Peter
21.12.2020
Law Services - Trade in alcoholic beverages through an online store: legal grounds

    According to Art. 3 of the Law of Ukraine of September 3, 2015 №675-VIII “On e-commerce»:

🔹 Online store – a means to present or sell a product, work or service by making an electronic transaction;
🔸 e-commerce – economic activity in the field of electronic purchase and sale, sale of goods remotely to the buyer by making electronic transactions using information and telecommunications systems;
🔹electronic transaction – an action of a person aimed at acquiring, changing or terminating civil rights and obligations, carried out using information and telecommunications systems.

    Article 1 of the Law of Ukraine of 19 December 1995 № 481/95-BP “On State Regulation of Production and Circulation of Ethyl Alcohol, Cognac and Fruit Alcohol, Alcoholic Beverages, Tobacco Products and Fuel” stipulates that:
      1️⃣ retail trade – the sale of goods directly to citizens and other end consumers for their personal non-commercial use, regardless of the form of payment, including bottling in restaurants, cafes, bars, other businesses (including foreign businesses, operating through their registered permanent establishments) catering;
      2️⃣ place of trade – place of sale of goods, including bottling, in one trade room (building) at the place of its actual location, for tobacco products and beer – without area restriction, for alcoholic beverages, except beer – with a trade area of ​​not less than 20 m2 , equipped with registrars of settlement operations, and / or software registrars of settlement operations (regardless of their number) or where there are books of settlement operations (regardless of their number), which record revenue from the sale of alcoholic beverages and tobacco products, regardless of whether through them the sale of other goods.

    Article 15 of the Law № 481 stipulates that retail trade, in particular, in alcoholic beverages (except table wines) or tobacco products may be carried out by economic entities (including foreign economic entities operating through their registered permanent establishments) of all forms of ownership. , including their manufacturers, if they have licenses for retail trade.

    The application for a license for retail trade in alcoholic beverages or fuel shall additionally indicate the address of the place of trade, books of accounting of settlement operations located in the place of trade, as well as information about them: model, modification, serial number, manufacturer, date of manufacture; registration numbers of certificates of books of accounting of settlement operations, which are in the place of trade, and the date of the beginning of their accounting in controlling bodies.

    Paragraph 11 of the first article. 15 approx. 3 of the Law № 481 stipulates that the sale of beer (except soft drinks), alcoholic, low-alcohol beverages, table wines and tobacco products in unspecified places of trade is prohibited.

    In addition, sellers of alcoholic beverages and tobacco products must ensure compliance with Art. 15 approx. 3 of the Law №481 on the prohibition of the sale of alcoholic beverages and tobacco products to persons under 18 years of age.

Therefore, an economic entity (including a foreign economic entity operating through its registered permanent establishments) may not sell alcoholic beverages (tobacco products) through the online store, because in accordance with the requirements of current legislation, retail trade in such products requires the availability of appropriate retail space.