Issues of Interpretation of Concepts Related to Alcoholic and Alcohol-Containing Products in Forensic Analysis of Alcohol-Containing Liquids

Abstract

The article reviews the issues of attributing artisanally produced liquids to alcoholic beverages in accordance with the definition of Federal Law № 171-FZ of 22.11.1995 «On State regulation of production and turnover of ethyl alcohol, alcoholic and alcohol–containing products and on restriction of consumption (drinking) of alcoholic products» (FZ № 171-FZ).Before classifying a liquid as an alcoholic product, it is necessary to give it a specific name of an alcoholic beverage, and this requires establishing the compliance of all liquid indicators (organoleptic, physical and chemical, packaging, labeling) with GOST requirements for a specific type of beverage. The author proposes to supplement the definitions of «alcoholic products» in Federal Law № 171-FZ, since artisanally made liquid can be sold under the guise of an alcoholic beverage (if it is in a glass container with an indication of the type of alcoholic products). Thus, this will significantly accelerate the process of establishing punishment under Articles 171.3 and 171.4 of the Criminal Code of the Russian Federation.