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Mgr Gniewomir Wycichowski-Kuchta
ORCID: 0000-0001-6390-4902

Mgr Gniewomir Wycichowski-Kuchta

PhD student at the Doctoral School of Social Sciences of the University of Warsaw. Graduated in law from the University of Warsaw as part of the College of Interdisciplinary Individual Studies in Humanities and Social Sciences. Laureate of the 8th edition of the Diamond Grant program, principal investigator of the Preludium 19 grant "Rethinking property. Structures of judicial justifications in re-privatization cases".

 
DOI: 10.33226/0137-5490.2022.8.5
JEL: K200

The aim of the article is to analyze current regulations governing the sale of alcohol in terms of the use of modern technologies — i.e. mail-order sale of alcoholic beverages via the Internet. The article presents the thesis that the current regulations, although strictly interpreted by public authorities, allow, in certain circumstances, the use of modern forms of selling alcoholic beverages, such as e-commerce. For this purpose, the wording of the provisions of the Act on Upbringing in Sobriety, other normative acts regulating trade (the Constitution, the Entrepreneurs' Law, the Code of Administrative Procedure, the Consumer Rights Act, the Civil Code), as well as the latest jurisprudence of administrative courts and other administrative bodies are analyzed. Furthermore, side issues are also discussed, such as the advertising of alcoholic beverages in the case of using the aforesaid retail forms. 

Keywords: mail-order sale of alcohol; freedom of economic activity; in dubio pro libertate; advertising of alcoholic beverages