Елена Самтынова
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Правительственный законопроект1, внесенный в Госдуму, предлагает поправки в законодательство, устанавливающие упрощенный порядок получения федеральных специальных марок для производства и реализации алкогольной продукции (основные изменения планируются в ст. 12 Федерального закона от 22 ноября 1995 года № 171-ФЗ «О государственном регулировании производства и оборота этилового спирта, алкогольной и спиртосодержащей продукции и об ограничении потребления (распития) алкогольной продукции» (далее – Закон № 171-ФЗ).
В частности, в проектируемой норме не содержится требований по предоставлению документов, которые сегодня необходимо прикладывать к заявлению о выдаче федеральных специальных и акцизных марок (п. 2.1 ст. 12 Закона № 171-ФЗ). Для получения марок понадобится лишь соответствующее заявление, направленное посредством единой государственной автоматизированной информационной системы (ЕГАИС).
Согласно законопроекту организации, производящей алкогольную продукцию на территории РФ, в том числе сельхозпроизводителю, необходимо направить с использованием ЕГАИС в федеральный орган исполнительной власти, уполномоченный по контролю и надзору в области производства и оборота этилового спирта, алкогольной и спиртосодержащей продукции (Росалкогольрегулирование), заявление о выдаче федеральных специальных марок с указанием вида алкогольной продукции в соответствии со ст. 2 Закона № 171-ФЗ, содержания этилового спирта в алкогольной продукции, объема маркируемой алкогольной продукции, емкости подлежащей маркировке потребительской тары алкогольной продукции и количества запрашиваемых марок.
Для импорта алкогольной продукции, в том числе из государств – членов ЕАЭС, в заявлении о выдаче федеральных специальных марок организация, осуществляющая ввоз продукции, дополнительно к вышеуказанным сведениям должна указать: номер (при наличии) и дату договора (контракта) поставки алкогольной продукции, при исполнении которого будет осуществляться ввоз продукции в РФ, полное наименование поставщика алкогольной продукции, место его нахождения (адрес юрлица), фактический адрес. Неиспользованные в течение девяти месяцев марки будут уничтожены и автоматически заблокированы системой ЕГАИС, что сделает их использование в обороте невозможным.
Проектом закона устанавливается срок выдачи или принятия решения об отказе в выдаче федеральных специальных марок, который не может превышать 29 рабочих дней со дня регистрации заявления, за исключением случая, когда рассмотрение заявления было приостановлено. Предусматриваются также случаи приостановления рассмотрения заявления, сроки для внесения исправлений в представленные сведения, основания для возврата заявления и отказа в выдаче марок.
Предлагается унифицировать марки и перераспределить полномочия между федеральными органами власти по контролю оборота алкогольной продукции, обеспечив электронное межведомственное взаимодействие между Росалкогольрегулированием и таможенными органами: функции по выдаче организациям марок и по контролю за их использованием сконцентрировать в Росалкогольрегулировании, а полномочия по контролю маркировки алкогольной продукции при ее декларировании и совершении иных таможенных операций закрепить за таможенными органами (сегодня, согласно п. 2 ст. 12 Закона № 171-ФЗ, указанные марки приобретаются организациями, осуществляющими импорт алкоголя, в таможенных органах). Для этих целей законопроект предусматривает соответствующие сроки окончания действия таких полномочий таможенных органов.
Как следует из пояснительной записки к законопроекту, норма, упрощающая предоставление документов при выдаче марок сделает процесс принятия решения автоматическим, снизит издержки организаций на обслуживание обеспечения к обязательству об использовании марок в соответствии с назначением и сократит сроки получения марок.
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1 С текстом законопроекта № 941887-7 «О внесении изменений в Федеральный закон «О государственном регулировании производства и оборота этилового спирта, алкогольной и спиртосодержащей продукции и об ограничении потребления (распития) алкогольной продукции» и отдельные законодательные акты Российской Федерации» и материалами к нему можно ознакомиться на официальном сайте Госдумы.
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All knowledge, it is said, comes from experience, but does that not mean that the more we experience, the wiser we become? If wisdom is the understanding of life, then should we not chase every experience we can, taste every flavor, walk every path, and embrace every feeling? Perhaps the greatest tragedy is to live cautiously, never fully opening oneself to the richness of being.
The cosmos is said to be an ordered place, ruled by laws and principles, yet within that order exists chaos, unpredictability, and the unexpected. Perhaps true balance is not about eliminating chaos but embracing it, learning to see the beauty in disorder, the harmony within the unpredictable. Maybe to truly understand the universe, we must stop trying to control it and simply become one with its rhythm.
The cosmos is said to be an ordered place, ruled by laws and principles, yet within that order exists chaos, unpredictability, and the unexpected. Perhaps true balance is not about eliminating chaos but embracing it, learning to see the beauty in disorder, the harmony within the unpredictable. Maybe to truly understand the universe, we must stop trying to control it and simply become one with its rhythm.
Even the gods, if they exist, must laugh from time to time. Perhaps what we call tragedy is merely comedy from a higher perspective, a joke we are too caught up in to understand. Maybe the wisest among us are not the ones who take life the most seriously, but those who can laugh at its absurdity and find joy even in the darkest moments.
The essence of existence is like smoke, always shifting, always changing, yet somehow always present. It moves with the wind of thought, expanding and contracting, never quite settling but never truly disappearing. Perhaps to exist is simply to flow, to let oneself be carried by the great current of being without resistance.
Virtue, they say, lies in the middle, but who among us can truly say where the middle is? Is it a fixed point, or does it shift with time, perception, and context? Perhaps the middle is not a place but a way of moving, a constant balancing act between excess and deficiency. Maybe to be virtuous is not to reach the middle but to dance around it with grace.
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