Некоторые меры по уточнению признаков склонения к потреблению наркотиков и смежных с этим деяний

Abstract

The article is aimed at improving the norms enshrined in Articles 230, 2281 of the Criminal Code of the Russian Federation, Article 6.13 of the Code of the Russian Federation on Administrative Offenses, Article 46 of the Federal Law “Concerning Narcotics and Psychotropic Substances”. In order to improve the accuracy of qualifi-cation, the author develops a definition for the concept of “arousal of desire” in relation to drug use, which char-acterizes the crime under Article 230 of the Criminal Code of the Russian Federation. With the aim of differen-tiating the actions of inducement to drug use, their propaganda and advertising, it is proposed to clarify the ori-entation of the latter to an indefinite circle of persons, fixing its legal signs. To ensure a uniform qualification of inducement to drug use coupled with illegal sale of drugs, a normative rule for the qualification of such situa-tions is substantiated. Models for changing legal norms are proposed taking into account the experience of legislators and scientists from Switzerland and Germany.