"Retail Sale" as a Mandatory Feature of the Objective Side of Illegal Retail Sale of Alcoholic and Alcohol-Containing Food Products: Issues of Interpretation and Application

The paper, based on a systematic analysis of Russian legislation, provides an interpretation of the act known as “retail sale” as a mandatory feature of the objective side of the crime provided for in Article 171.4 of the Criminal Code of the Russian Federation. The problems generated by the current wording of the disposition of the norm in question are identified. The specific characteristics of the sale are emphasized and its retail nature is described in accordance with the provisions of industry legislation. Based on existing points of view and personal vision, the author proposed an adjusted definition of the term “retail sale” in relation to Note 1 to Article 171.4 of the Criminal Code of the Russian Federation. In order to bring to criminal liability persons who have committed the “wholesale sale” of alcoholic and alcohol-containing food products, it is proposed to expand the scope of the analyzed norm by amending the disposition of the article and the note to it, formulating the act as “sale”. It is indicated that it is necessary to recognize a transaction as fictitious in cases where the sale of alcoholic and alcohol-containing food products is disguised as a gift transaction.

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