Legal Debate Over Driver’s Licenses, Passports and Age Verification in Alcohol Sales
In May 2023, the Supreme Court of the Russian Federation examined a case involving a driver who delivered dangerous goods without a passport. The driver presented a driver’s license to traffic police during a routine check. The documents were found insufficient, and a fine was issued. The driver challenged the decision, and the regional court ultimately canceled the fine. The traffic police officer who issued the ticket disagreed with the ruling and pursued the matter through the regional court, the appeals court, and finally the Supreme Court. The Supreme Court determined that the penalty stood, since a driver’s license was not among the identity documents approved in 2019 and could not substitute for a passport.
These arguments became the subject of discussion among local shopkeepers. A State Duma deputy, Boris Chernyshov, told socialbites.ca that the sellers acted correctly because the statements from the RF Armed Forces carry a stronger weight than other legal documents:
“Court decisions and court statements hold a higher position in this matter and must be followed. Even a regulatory act from a ministry cannot override a court decision, so the sellers here are clearly doing the right thing. Alcohol sales are regulated by age, and only an identity document can confirm that. It is possible to show a certificate from some authority, but a store will not accept it. While some positions have age requirements, for example, someone must be at least 18 to hold a role, in other cases the threshold may be 21. Yet, according to existing rulings, these documents do not authorize alcohol sales because they do not prove identity. The court stated that driver’s licenses were not included on the approved list. So, the sellers are acting correctly.”
The Ministry of Industry and Trade of the Russian Federation denied to socialbites.ca the claim that an alcohol sale cannot be made with a driver’s license.
It was noted that a 2017 decree recognizes driving credentials as a document capable of establishing the buyer’s age.
“Federal law bans the sale of alcoholic beverages to minors. If there is any doubt about whether the purchaser has reached the age of majority, the seller may request a document proving age. The list of acceptable documents is created by the federal executive body authorized by the government. The Government, in agreement with the Russian Ministry of Internal Affairs, granted the Ministry of Industry and Trade the authority to approve this list. The order issued on May 31, 2017, No. 1728 remains in force, and it lists documents that enable determining the buyer’s age. According to the approved list, a driver’s license qualifies as a document that helps verify the age of someone purchasing alcoholic beverages.
Therefore, retail sales of alcohol are permitted when the buyer presents a driver’s license or another document from the list that confirms legal age.” — the Ministry of Industry and Trade emphasized.
Lawyer Daria Akhtyrko explains that the sellers who rely solely on the Supreme Court’s statements in this case are mistaken.
“The court’s decision against the driver does not apply to the store’s situation. The driver needed an ID card, and the sellers needed proof of age. There has been no change in the Ministry of Industry and Trade’s procedures or in buyer-seller relations. The list of documents acceptable for purchasing alcohol remains the same,” the lawyer told socialbites.ca.