Is it legal to distill moonshine? The law on moonshine - is it possible to distill moonshine for yourself?
Moonshining is an ancient activity that was popular back in the days of ancient Rus'. Several centuries ago, people did not drink moonshine, but mash - a product made from water, sugar and yeast. In those days, not a single feast was complete without mash, although the drink itself was considered very harmful to human health, since it contained impurities of wood alcohol and acetone. But if you distill the mash at a certain temperature, the harmful impurities will evaporate from it, and the mash will turn into moonshine. Is it possible to distill moonshine for yourself and is such activity not punishable by law in the Russian Federation?
Why do people distill moonshine?
For many, making moonshine at home is an opportunity to give up purchased alcohol. First of all, a person cannot be sure of the quality and safety of purchased alcohol, since not all alcohol offered for sale is of ideal quality. By making moonshine yourself, you can be sure of the quality of the product.
Moonshine for personal use
The moonshine stills offered for sale have an affordable price for many. Making mash at home requires minimal costs, so the cost of moonshine produced at home will be insignificant. All this allows you to save on the purchase of alcoholic beverages, and the amount of savings is quite noticeable.
Many people plan to brew moonshine in order to make money by selling it. And here the question arises: is it possible to brew moonshine in Russia for yourself and for sale?
Moonshine for yourself
Is it possible to brew moonshine in Russia? The answer to this question depends on the purpose for which a person makes homemade alcohol. For example, during the Soviet era, any moonshine brewing at home, regardless of where the final product went, was prosecuted by law. If a structure for distilling moonshine was found in a person’s home, its owner was sent to prison for two years.
Today, the Law “On Moonshining,” dated 1999, provides for administrative liability for the sale of any liquids containing ethyl alcohol by a private entrepreneur. But this does not mean that moonshine can be sold to ordinary citizens and make money from it. Since 1999, the Criminal Code of the Russian Federation has not contained articles that state that moonshine brewing as a type of activity is completely prohibited. In addition, moonshine stills are freely available in Russia, which allows anyone who wants to purchase such equipment for their home. At the same time, Russian legislation allows the storage and operation of such equipment, as well as the storage of stocks of manufactured products. Also, a fine is not imposed on the production of mash.
However, if law enforcement agencies record the fact of transportation of large quantities of homemade alcohol or the fact of its sale to private individuals, then the distiller will have to pay a fine. Punishment for moonshine brewing and sales of products will be expressed in the imposition of a fine for illegal business activities. In this case, the amount of the fine will vary from 500 to 5000 rubles. In this case, the equipment for distilling moonshine itself will be confiscated.
If, after paying, albeit a small, fine, the moonshiner continues to violate the law, then under Article 171 (Criminal Code of the Russian Federation) he will be charged with illegal business activity. In this case, the fine reaches 300,000 rubles, and, in addition, the distiller may be arrested for six months (as an option: 180-240 hours of correctional labor). Criminal liability for moonshine comes only in case of systematic violation of the law.
Do not forget about article number 238 (Criminal Code of the Russian Federation), according to which criminal liability is provided for the manufacture, storage, transportation and sale of products that do not meet safety requirements. All this is quite understandable, because the quality and safety of home-made moonshine is not checked by anyone.
Not all distillers are responsible for the quality of the moonshine they produce, especially if the product is manufactured for the purpose of sale. Drinking poorly made moonshine, which contains dangerous components such as wood alcohol, can lead to severe poisoning and even death. If law enforcement agencies manage to identify the moonshiner who made the moonshine from which a person died, then the lawbreaker will have to go to prison for 4-10 years.
Moonshine brewing in Russia is considered an absolutely safe activity for the distiller only if the alcohol is made for oneself.
Other CIS countries
If we consider the situation with moonshine in Ukraine, then in this country they are not as loyal to such a craft as in Russia. In 2016, the excise tax on alcoholic beverages was significantly increased here, and at the same time, strict liability for moonshine was introduced. For example, not only the sale of homemade moonshine is fined there, but also its production, even for one’s own use. Since 2014, the fine for the production, storage and sale of alcohol-containing products has been increased 10 times. Until 2012, the Criminal Code of Ukraine provided for criminal liability for the production and sale of alcohol.
As for Belarus, the legislation related to moonshine production is quite contradictory. For example, here law enforcement agencies have the full right to confiscate any distiller from a citizen, even if it was used for the purpose of distilling water and not for distilling moonshine. At the same time, you can purchase a moonshine still in the country without any problems.
Any person who decides to engage in moonshine brewing should first study the relevant legislation (Criminal Code) and act within the legal framework.
Almost everyone who becomes interested in the process of moonshine brewing sooner or later begins to wonder whether and what kind of punishment there is for selling it. And this is correct: even if you are not involved in sales yourself, in the Russian Federation you always need to be prepared for the fact that they will try to attract you and fine you on any basis.
Codes and federal laws contain on their pages an innumerable number of articles under which, if desired, you can attract not only home distillers, but also anyone who generally purchases and drinks alcohol. But if we put aside sentimentality and turn to the facts, they are as follows: there is a punishment for moonshine in Russia, but not for everyone.
Law No. 171-FZ
Federal Law No. 171, the legal basis for protecting the population from counterfeit and low-quality 
alcohol, clearly states that individuals who make alcohol of any strength “not for the purpose of sale” cannot be held liable. That is, if you produce moonshine at home, even if it does not meet the requirements of current standards, you will not face charges for moonshine. In 2015, amendments were made to this law, but they did not affect private distilleries.
If any government official decides to visit your home or your other real estate (with your permission, of course) and finds even bottles of ready-made moonshine with price tags, he has no right to do anything. Witness testimony and collective complaints from neighbors will not help. There is no article for moonshine as such, and not for sale or other distribution options, in this law.
Administrative Articles 14.1 and 14.2
The minimum punishment for moonshine brewing in Russia, provided that homemade alcohol was actually sold (given as a gift, exchanged, etc.), is provided for in Article 14.1 of the Administrative Code. It is used to prosecute for illegal business activities. That is, if you are not a legal entity or individual entrepreneur, then you face a fine of 500 rubles and up to 2 thousand. Traders are punished with the same fines for selling parsley near a store.
Article 14.1 also has a second clause, which punishes activities without a license. Trade in products with degrees and the production of alcohol are licensed types of business, so this article may well be incriminated against a home distiller. Here the fine is already higher: from 2 to 2.5 thousand rubles. In addition to this, mash and moonshine may be confiscated.
Almost similar liability - a fine of 1.5 to 2 thousand - is provided for in Article 14.2 if the fact of sale of products whose distribution is limited by law is established. It is up to the authorized persons to decide under which article to be “excited”.
Criminal article 171
The sale of alcohol is a special type of business activity, which implies the presence 
licenses. Accordingly, if you sell alcohol, you may well fall under Article 171. It states that the basis for applying sanctions must be the receipt of large income, that is, an amount of 1.5 million rubles. In this case, the punishment for moonshine brewing in Russia is very severe.
If in some way the authorities manage to catch a home distiller selling alcohol, made with his own hands or made from store-bought alcohol, then liability will arise under the Criminal Code. “Catch” in this case means conducting a test purchase. There are other methods of proof, for example, video and audio recordings, but this one is used most often.
Next, it will be a small task: to convince the court that a large profit has been made. To do this, it is necessary to prove that the activity was carried out for a long time and that the capacity of the home distillery was quite sufficient to achieve semi-industrial production volumes. There are other ways to confirm the illegal flow of funds.
If a case is initiated against a private alcohol producer under Article 171 clause 1, then for the first time he will face a fine of up to 300 thousand. If there is no such money, they may impose a penalty in the amount of wages for the last two years. This article also provides for more severe punishment for selling moonshine: up to 480 hours of work for the benefit of the state or arrest for up to six months.
Criminal article 238
The most serious liability for moonshine in Russia can come if a case is opened against a home alcohol manufacturer under criminal article 238. It implies sanctions for those who produce, store and transport goods that can harm the life and health of the consumer.
The punishment under Article 238 is very severe: a fine of up to 300 thousand or seizure of wages for two years, 360 hours of work useful to the treasury. They may even restrict your freedom for two years, send you to forced labor, or imprison you for the same two years. Even stricter sanctions are provided if anyone is harmed by the sold moonshine.
This article, from the point of view of many legal scholars, is extremely dubious. It is not entirely clear how to prove that moonshine can actually cause more harm than store-bought alcohol. It is not clear what standards this drink should be compared to (now they are compared with GOST standards for vodka and ethyl alcohol, which is groundless and even illegal). However, this doesn’t bother judges much, and the practice is that small traders whose “colossal” income does not even reach 10 thousand a month are easily punished under this article in the complete absence of data on poisonings.
Let's summarize
If you make moonshine for your own needs, then you will not face a fine for moonshine brewing. Are you treating your family and friends? It’s also not punishable, especially if none of them complains about poisoning. Well, if you decide to turn your hobby into a profitable business, be extremely careful. After all, now, as always during times of budget deficit, the fight against low-quality alcohol in the country has become very intensified.
From the short film comedy “Moonshiners” we know that under Soviet rule, home distillation was prosecuted by law. But people still did it, but secretly. For this, if they were caught, they faced a 2-year prison sentence, but only after 1948. Today you can distill homemade alcohol for personal consumption, but it is prohibited to trade it. A new law banning the sale of moonshine to “private owners” has been in effect since 1995. It also provided for the confiscation of equipment for moonshine brewing and the finished product. However, in 2002, fines for making homemade alcoholic beverages were abolished. Selling is punishable.
Is it possible to make alcoholic drinks at home today?
The law allows distilling moonshine for home use. But selling to individuals is strictly prohibited. You can legally buy machines for the production of this alcohol. When purchasing, they are not required in the store or documents. You can’t even sell beer from home to anyone. It contains ethyl alcohol, albeit in small quantities. Any person could and can “surrender” to the authorities a seller of home-made alcohol. At least out of envy or anger. But you still need to prove the sale of moonshine or mash at home. And this can only be done by catching a moonshiner selling fusel milk.
What the law says
The Russian Federation Law on Moonshining of 1999 provides for administrative responsibility for the production and sale of alcohol-containing liquids by individual entrepreneurs. This also applies 
legal entities. It does not apply to ordinary citizens (not businessmen). This does not mean that you can sell moonshine at home. Another law from 1995 prohibiting this is still in force.
The State Duma was considering the possibility of introducing fines for the production of moonshine. And also for its storage. Perhaps this will only be an administrative penalty. The reason for introducing such a law in the future is the threat to social stability in certain regions of the country. But a bill establishing the legal responsibility of citizens for moonshine does not currently exist in Russia, and it is unlikely to appear in the near future.
About home brewing
You cannot sell homemade alcohol. Deputies of the State Duma, however, periodically propose whether moonshine brewing at home should be banned? But such a bill has not yet been adopted. People continue to make alcoholic drinks for themselves. Sugar, other products, and vodka are becoming more expensive. Many counterfeit alcoholic beverages have appeared on legal sale. It’s easy to get poisoned by low-quality alcohol from the “shop.” But while it is allowed to make moonshine at home, the authorities are not prosecuting for it. It is not yet prohibited for citizens to make and store any home-made alcoholic drink.
Should I sell or not?
Distilling moonshine for further sale is a dangerous activity. But at least get drunk on it yourself! Members of the household can also participate in drinking homemade alcohol. Neighbors can also visit it. It’s up to the owner to decide who to treat and who not to treat. You cannot offer moonshine or home brew to minors.
Russian legislation maneuvers in relation to moonshine, trying to somehow limit the increased consumption of alcohol by people. It either gives the monopoly on the production of alcohol into private hands, or takes it back. But excessive consumption of alcohol by the population continues. And its production either goes underground or “pops up” to the top. Also “manoeuvres”
Finally
You can get a drink with degrees, store and drink it yourself, but everything else is not allowed. Celebrating holidays with friends and neighbors with the same moonshine is not prohibited. Criminal liability in case of selling moonshine is quite strict. This is what we need to remember. Alcohol as a narcotic substance is addictive. It is especially dangerous at a young age. The Soviet government fought hard against drunkenness and alcoholism during perestroika. Then democratic changes in Russia made it possible to soften this struggle.
Is it possible to distill moonshine? Undoubtedly, this question arose for everyone who decided to purchase a moonshine still and start making homemade alcohol. And recently, this idea has become increasingly popular, the impetus for this was the current economic situation in the country. Many people remember the short Soviet film comedy “Moonshiners,” from which it becomes clear that in the USSR home distillation was prosecuted by law. There was a period when a prison sentence was imposed even for keeping a moonshine still at home. However, nothing stopped the citizens of the Land of the Soviets; they distilled moonshine in secret; they just didn’t talk much about their hobby. What is the situation like in modern Russia?
Legislation and moonshine
In Russia there is a law on moonshine, which does not prohibit distilling moonshine for personal use, which cannot be said about the sale of manufactured products to individuals. Neither moonshine nor mash for it can be sold, because it contains a small amount of ethyl alcohol. In many stores you can absolutely legally buy a moonshine still, and you will not be asked for any documents. The price for them starts from 5 thousand rubles, which is affordable for almost everyone.
However, if you are an individual entrepreneur, the legislation provides for liability not only for the sale of alcohol, but also for its production. Activities for the production and sale of alcoholic products can only be carried out by legal entities, and their activities are regulated by the Federal Law “On state regulation of the production and circulation of ethyl alcohol, alcoholic and alcohol-containing products.” But it is not enough to register a legal entity in order to freely sell homemade alcohol; for this you will have to draw up a lot of documents, obtain a license and permits.
Not long ago, the State Duma of the Russian Federation considered a bill that would provide for fines for making moonshine. It is unknown whether it will be accepted, what changes and amendments will be made, and when this will happen, but it is assumed that such an offense will only result in an administrative penalty. The need for such measures is justified by the threat to social stability in our country, especially in certain regions.
Currently, there are no laws in Russia prohibiting the production of moonshine for personal use, and, according to experts, they are unlikely to appear in the near future.
Responsibility for home brewing
Until a bill is passed banning moonshine and possession of homemade alcohol, people continue to prepare it. This is explained by the current economic situation in the country: food prices are rising, while salaries remain the same (and are often cut), and accordingly, the standard of living of citizens is declining. In addition, a lot of fake alcohol appears, which sometimes cannot be distinguished from the original drink even by taste, not to mention the fact that an ordinary person can do it visually. Cases of mass poisoning due to counterfeit products are becoming more frequent. In such a situation, a good solution is to purchase a moonshine still to prepare a natural and high-quality drink at home, as long as it is not prohibited by law. Of course, you can completely give up drinking alcohol, but not many can imagine a feast, the arrival of guests and the table set for the holiday without a bottle of wine or a stronger drink.
So, if you decide to start making homemade alcohol, remember the main rule: selling the produced product is prohibited by law. This activity remains a non-legal hobby as long as you drink a drink prepared at home with your family or treat your friends or relatives to moonshine. But as soon as you receive money for the manufactured product from third parties, the hobby becomes a crime.
Russia has always occupied a leading position in the list of countries that consume large amounts of alcohol; it is not for nothing that Russians are called the most drinking nation. That is why legislation is constantly maneuvering in relation to moonshine, trying to solve this problem at the state level and reduce alcohol consumption by people. At one time, alcohol production was a monopoly and was in private hands, then it was given to the state. However, this was of no use. The people drank alcohol and continued to do so. The production of wine and vodka products only changed its “dislocation”: it either went underground, then became legalized, that is, it also adjusted to the legislation.
What are the dangers of selling moonshine?
Responsibility for the sale of moonshine, homemade wine and other alcoholic beverages without registering a legal entity and obtaining permits is provided for by the Code of the Russian Federation on Administrative Offenses (Article 14.1).
The fine ranges from 500 to 5,000 rubles, and all production equipment, finished products and raw materials are confiscated.
The production of alcoholic beverages for the purpose of further sale and sale is considered an administrative violation, which is classified as “Illegal entrepreneurship”, “Production, storage, transportation or sale of goods and products, performance of work or provision of services that do not meet safety requirements.” However, in the Criminal Code of the Russian Federation and a number of other criminal and administrative legislation, such a crime can be subject to a fine of up to 300 thousand rubles. In addition, punishment may be imposed in the form of compulsory labor for a period of 180-240 hours or administrative arrest for a period of 4-6 months. If the sold alcohol causes fatal poisoning, it will be equated to “Causing death by negligence”, and the perpetrators will be sentenced to imprisonment from 4 to 10 years.
Thus, you can prepare moonshine at home and drink it yourself, but everything else is prohibited. Celebrating holidays with guests, family and friends over a glass of your signature drink is also not forbidden. Trade in the same alcohol carries with it serious criminal liability, the law in this case is harsh, do not forget about it. Take into account the fact that alcohol, like drugs, is highly addictive; it’s not for nothing that the Soviet government fought so hard against this vice. Now the times of democracy have come, the pressure has decreased, and people can afford to do what they were previously afraid to think about. Use this opportunity and freedom for your benefit, and not to your detriment.