Abolition of fines for moonshining: how the Rada proposed to legalize homemade alcohol

In Ukraine, for several years, draft laws proposing to abolish administrative liability for moonshining and allow citizens to produce alcoholic beverages at home for personal consumption have remained stagnant. Some initiatives were limited only to abolishing fines for moonshine production, while others proposed effectively removing home alcohol production from state regulation.

At the same time, parliamentary experts warned of possible health risks to the population and opposed such changes. Nevertheless, the relevant draft laws have remained in the Verkhovna Rada for years without a final decision.

Draft Law No. 2371: abolition of fines for moonshining

On November 1, 2019, draft law No. 2371 "On Amendments to the Code of Ukraine on Administrative Offenses (regarding the abolition of the legal norm providing liability for moonshining)" was registered in the Verkhovna Rada. The document is currently "Awaiting consideration."

The initiative proposed excluding Article 176 of the Code of Ukraine on Administrative Offenses, which establishes liability for the production or storage without intent to sell of moonshine and other strong alcoholic beverages of home production, as well as devices for their production.

The explanatory note stated that this norm dates back to 1987, when the Soviet anti-alcohol campaign was in effect. The authors emphasized that after the repeal of the "dry law," the prohibition lost its relevance but remained in force.

They also referred to data from the State Judicial Administration: in 2018, 197 cases regarding moonshining were reviewed, and administrative penalties were applied to 80 individuals. In their opinion, this indicates the low effectiveness of the norm, especially considering the fine ranging from 51 to 170 UAH.

The authors also noted that producing alcohol for personal consumption is a natural human right, and the current norm is discriminatory since homemade wines, tinctures, and liqueurs are not subject to liability.

Why parliamentary experts opposed the abolition of liability

The Main Scientific and Expert Department of the Verkhovna Rada did not support the draft law and recommended its rejection.

Experts emphasized that the statistics provided by the authors are incomplete, as in 2018 law enforcement officers drew up 27,227 protocols under the relevant article, and 27,213 individuals were held liable. The total amount of fines exceeded 1.63 million hryvnias.

The conclusion also noted that abolishing liability contradicts state policy in the field of health protection and may create additional risks associated with the consumption of alcohol of unknown quality.

Experts separately pointed out the possible increase in the level of offenses and social problems if home alcohol production is legalized.

Draft Law No. 2371-1: an expanded attempt to legalize homemade alcohol

On November 14, 2019, an alternative draft law No. 2371-1 "On Amendments to Certain Legislative Acts of Ukraine Regarding the Abolition of Liability for the Production of Alcoholic Beverages at Home for Personal Consumption" was registered.

Unlike the previous initiative, the document was significantly broader.

It proposed not only the abolition of Article 176 of the Code of Ukraine on Administrative Offenses but also the exclusion of Article 177, which establishes liability for the purchase of moonshine and other strong alcoholic beverages of home production.

Additionally, it proposed amending the law on state regulation of alcoholic products so that the production of any alcoholic beverages at home for personal consumption would not fall under its scope.

Effectively, it was about the possibility of legalizing home production of various types of alcohol for personal use.

Arguments of the authors of the alternative draft law

The explanatory note stated that fines for moonshining remain minimal — 51–170 UAH, and for purchasing moonshine — 17–85 UAH.

The authors also emphasized the difficulty of proving the fact of purchasing moonshine, due to which the norm effectively does not work.

In their opinion, the state already has other mechanisms to combat illegal alcohol production for sale, so abolishing liability for home production will not create significant risks for the market.

They also stated that current restrictions are excessive and do not correspond to the principle of citizens' freedom in the sphere of personal consumption.

Why draft law No. 2371-1 also did not receive support

The Main Scientific and Expert Department of the Verkhovna Rada recommended rejecting this draft law as well.

Experts pointed out that its provisions essentially duplicate the previous initiative, and all comments on draft law No. 2371 remain relevant.

It was also separately emphasized that it is inappropriate not only to abolish liability for moonshine production but also to abolish liability for its purchase.

Draft Law No. 4153: moonshine and dairy market reform

On September 25, 2020, draft law No. 4153 "On Amendments to the Code of Ukraine on Administrative Offenses Regarding the Regulation of Certain Aspects of Moonshining and the Milk Market" was registered in parliament. It is currently under committee review.

The document proposed excluding Articles 176 and 177 of the Code of Ukraine on Administrative Offenses, i.e., abolishing liability both for moonshine production and its purchase.

The explanatory note stated that current fines are insignificant, and the norm itself is a legacy of Soviet legislation.

At the same time, the draft law contained a second component — changes aimed at supporting the dairy industry and stimulating milk production.

All initiatives regarding moonshining were not adopted

In 2019–2020, at least three draft laws proposing changes to the approach to liability for moonshining were registered in the Verkhovna Rada.

Despite different concepts — from targeted abolition of fines to full legalization of home alcohol production — none of the documents were adopted.

Two draft laws remain without consideration, and one has been under committee review for several years.

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