Brandy-Cola and Arsenal beer were confiscated from the state revenue: how the hammer was punished for trade without excise duty

In October 2023, a resident of Kyiv wanted to withdraw money from an ATM, but her card was blocked. At the bank, she found out that the pension account was blocked by the state executor by court decision.

That's how the Kyivan learned that she was paying a fine, although she was apparently not invited to the court session. This is stated in the case files dated December 11, 2023.

While trying to unlock her card, the woman learned about the decision of the Svyatoshyn District Court of Kyiv dated March 1, 2023. However, she did not receive a summons to the meeting.

It turned out that in December 2022, the police “caught” her selling alcohol at Heroiv Brest Square, 1. Then the following were taken from the woman:

• 3 bottles of “Brandy-Cola” “;
• 2 bottles of “Vodka-Lime”;
• 1 bottle of “Gin-Grapefruit”;
• 4 bottles of “Revo” beer;
• 2 bottles of “Obolon” beer;
• 1 bottle of “Arsenal” beer.

Together with the protocol, the written explanations of the pensioner were brought to the court, where she herself admitted that she sold alcohol that day. Therefore, in March 2023, the woman was fined UAH 3,400, forced to pay UAH 536 in court fees, and Brandy-Cola and beer bottles were confiscated.

When the woman was unable to withdraw money from the ATM 9 months later, she learned about the decision and decided to appeal it. According to her, only entrepreneurs can be fined, and the protocol does not specify what exactly she is guilty of. Therefore, she asked the judges to cancel the decision on the fine.

But the Kyiv Court of Appeal decided otherwise. The judges explained that fines can be imposed on anyone who has violated the law and who has reached the age of 16.

“In the case file, there is an explanation (of the pensioner) in which she confirmed the sale of alcoholic beverages without an excise stamp,” the court ruling says . – Taking into account the above, the appellate court agrees with the conclusions of the court of first instance on finding (the woman) guilty of committing an administrative offense.”

It was not possible to appeal the fine and return the money. The resolution of December 11, 2023 was not appealed and it entered into force.

What was the fine for selling beer to a minor

Before the New Year, December 30, 2023 at 21:43 in the capital bar “Drinkery” allegedly sold two glasses of beer to a minor. The administrative commission under the Kyiv City Council recognized this as a violation and fined the representative of the institution UAH 6,800. However, he did not want to pay the fine and proved in court that there is no fiscal check in the protocol, so it is still necessary to prove what exactly was sold to a minor.

The resolution on the imposition of an administrative penalty was drawn up on January 23, 2024. But the institution's representative believed that “the very fact of drawing up the protocol is not sufficient and independent confirmation of the last sale of low-alcohol drinks to a minor”.

Judge of the Shevchenkiv District Court of Kyiv, Yuliya Matveeva, decided to cancel the fine and oblige the Kyiv City Council to pay 1,000 UAH 211.20 court fee.