Квалификация незаконного оборота наркотиков: Пленум ВС РФ требует уточнения

Abstract

Introduction. Crimes related to illicit narcotic drug trafficking have a wide range of negative consequences for society. People who use drugs become addicted to them, get infected with dangerous diseases such as HIV and hepatitis, and risk not living to old age. The consequences for others include the deterioration of the criminal situation, street crime, and various types of violence. There is an increase in the number of narcotic drugs manufactured at home from freely sold medicines. Synthetic drugs and psychoactive substances coming from abroad represent new varieties. For their delivery, the capabilities of the Internet, international mailings, and various methods of concealment are widely used. The paper analyzes the judicial practice of applying criminal liability for drug trafficking by the courts of the Russian Federation. The problems are identified regarding the qualification of the commission of the above crimes through complicity. The purpose of the study is to analyze judicial practice in criminal cases initiated under Articles 228, 228.1 of the Criminal Code of the Russian Federation. Methods. The methodological framework for the study is an inductive generalization. In order to ensure the objectivity of the study, the analyzed problem is revealed through the transition from more specific characteristics to more general ones. Results and conclusions. The author concludes that Resolution of the Plenum of the Supreme Court of the Russian Federation No. 14 of 15.06.2006 has undergone changes; it lacks such qualification as complicity in the acquisition of narcotic drugs without the purpose of sale, which contradicts the provisions of the General Part of the Criminal Code of the Russian Federation regulating the institution of complicity.