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К вопросу о государственном регулировании алкогольного рынка
Abstract
The article deals with the conceptual model of state regulation of production and turnover of alcoholic products based on the systemic and complex application of administrative and legal forms and methods of regulation, as well as mechanisms of public control and self-regulation, with the interaction of state authorities with subjects not endowed with state-power authorities, but fulfilling certain functions of public legal nature, namely with self-regulating organizations and public associations. Currently, the main tasks of state regulation of production and turnover of alcoholic products are to reduce the shadow market segment, protect the morality and health of citizens, as well as reduce the level of consumption of alcoholic beverages. In the current conditions of the development of the alcohol industry, the administrative bodies will not be able to solve these tasks and completely legalize the alcohol market without interacting with its participants and society, which will require further modernization of the system of state regulation of the industry. It is substantiated that the development of self-regulation and public control mechanisms is an objective necessity of introducing new forms of struggle against illegal turnover of alcoholic products in the system of state regulation of the alcohol market. Public control and self-regulation will reduce the degree of excessive state interference in the alcohol industry, increase efficiency and optimize state control, ensure the balance of state, public and private interests, take into account the position of the business community in making decisions on the regulation of the alcohol market. In order for self-regulation to be an effective and effective tool in the mechanism of administrative and legal regulation of the turnover of alcoholic beverages, the state should create conditions for encouraging market participants to voluntarily unite in self-regulating organizations. Meanwhile, at present the legislator does not create mechanisms that motivate the development of voluntary self-regulation in the alcohol market. To develop this form of self-regulation, which is the most acceptable for the alcohol industry, it is necessary to introduce an administrative-legal regime to stimulate market participants. In addition, the existing instruments of public control do not allow fully exerting regulatory influence on legal relations in the production and turnover of alcoholic beverages, since the legislation does not sufficiently define the legal basis for their activities. The necessity of establishing in the law the procedure for exercising public control on the alcohol market is substantiated.