On the object of crimes related to illicit trafficking in narcotic drugs and similar substances in Russian and international legislation

Abstract

The article examines the problem of harmonization of international and domestic legislation in the field of combating illicit trafficking in narcotic drugs and similar substances, associated with the ratio of objects of drug crimes. It has been established that from the point of view of international and Russian law, these encroachments are recognized as multi-objective, since they are capable of harming a multitude of heterogeneous benefits protected by law. At the same time, the main object of these encroachments is proposed to be considered the health of the population (citizens) or public health as a state of complete socio-economic, physical, mental well-being of the population (citizens). This kind of approach should be reflected in the international anti-drug legislation, the provisions of which are replete with references to the most diverse socially protected benefits, which are recognized as equivalent from a legal point of view. It is shown that in the Criminal Code of the Russian Federation the list of objects of crimes related to illicit trafficking in narcotic drugs and similar substances is wider than in international law both in terms of the number of narcotic drugs and the number of psychotropic substances. Moreover, in domestic criminal law (unlike international law), analogues of narcotic drugs and psychotropic substances are recognized as the subject of these crimes. It is concluded that international and national law should be reasonably correlated in terms of the number of narcotic drugs, psychotropic substances and their precursors enshrined in special control lists.