Subject of the dispute is the legality of acquitting a person in a case concerning illegal acquisition, transportation, and storage of alcoholic beverages with the intent to sell. The court drew attention to the legal opinion of the Grand Chamber of the Supreme Court, according to which an alcoholic beverage can be the subject of a crime under Article 204 of the Criminal Code under two conditions: production based on spirits in accordance with the Tax Code norms and unlawful handling of it as an excisable good. The Court of Appeal did not analyze all evidence and arguments of the prosecutor, in particular, regarding the fact that the seized liquid, although not meeting vodka standards, still fell under the definition of an excisable alcoholic beverage. Additionally, the court did not properly evaluate the evidence of the controlled purchase.
The Supreme Court overturned the decision of the Court of Appeal and referred the case for a new trial due to significant violations of procedural law and incorrect application of the law on criminal liability.
