Sale of alcohol to the military: what the law says and who can punish

The lawfulness of the sale of alcohol to the military and the consequences that can be expected for those who sell it to the defenders, wrote the edition "RBC-Ukraine". Journalists spoke on this topic with the lawyer and master of law Yevgeny Bulimenko. He stressed that there is no single regulatory act in Ukraine that would directly prohibit the sale of alcoholic beverages to servicemen. The Cabinet of Ministers, by its resolution No.

1457 of December 29, 2021, envisaged the possibility of banning alcohol trade during martial law. However, the implementation of this prohibition depends on the orders of the military command together with the military administration. Such orders can impose a ban on the sale of alcohol in a certain territory, but the conditions may vary in different regions.

In some areas, local authorities, such as city, settlement and village councils, on the basis of the Law of Ukraine "On State Regulation of Ethyl Production", were introduced for the sale of alcohol. This law allows you to restrict the sale of alcohol at a certain time of day, but does not provide ban on certain categories of citizens such as servicemen.

Bulimenko explained that such orders determine the time of introduction and duration of the prohibition on the trade in alcoholic beverages and alcohol -containing substances within the territory where martial law was introduced. Usually, a ban on alcohol selling to servicemen at any time of the day in the territory of a certain administrative-territorial unit is also established. Another difficulty associated with the sale of alcohol to servicemen is to identify buyers.

If the military is not in the form, the seller does not have a legitimate reason to require him a document confirming his status. Accordingly, the seller does not formally violate the ban on the sale of alcohol to servicemen. With regard to administrative responsibility for the sale of alcohol to the military, the current legislation is also ambiguous. Article 156 of the Code of Administrative Offenses does not provide for separate liability for the sale of alcohol to the military.