RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE KYRGYZ REPUBLIC

of November 7, 2025 No. 31

About court practice on cases on crimes in the field of drug trafficking, psychotropic substances, their analogs and precursors

For the purpose of ensuring the correct and uniform application of the legislation by hearing of cases on the crimes connected with drugs, psychotropic substances or their analogs, and also precursors the Plenum of the Supreme Court of the Kyrgyz Republic according to part 3 of article 98 of the Constitution of the Kyrgyz Republic, article 18 of the constitutional Law of the Kyrgyz Republic "About the Supreme Court of the Kyrgyz Republic and local courts" decides:

1. By consideration of criminal cases about the crimes connected with drug trafficking, psychotropic substances, their analogs and precursors, courts should be guided by the Law of the Kyrgyz Republic "About drugs, psychotropic substances, their analogs and precursors" of March 6, 2024 No. 69, the Resolution of the Cabinet of Ministers of the Kyrgyz Republic of March 26, 2025 No. 152 "About the drugs, psychotropic substances, their analogs and precursors which are subject to control in the Kyrgyz Republic", and also the approved rules, the list and criteria in which are established procedure for legal turnover of the specified substances, the list of the drugs which are subject to control, psychotropic substances, their analogs, precursors and live organisms containing them, and also criteria of reference of the corresponding substances to certain sizes, and also specific quantitative indices (sizes).

2. Courts should mean that drugs are the substances of synthetic or natural origin included in lists I, II, III and IV of drugs.

Analogs of drugs and psychotropic substances are the substances of synthetic or natural origin included in the list of analogs of drugs and psychotropic substances.

The live organism is the organism having life signs, containing one or several drugs, psychotropic substances, their analogs or precursors, and included in the list of live organisms.

The list is the list of the drugs which are subject to control in the Kyrgyz Republic, psychotropic substances, their analogs and precursors, and also live organisms containing them approved by the Cabinet of Ministers of the Kyrgyz Republic.

Precursors are chemicals or substances of natural origin of which or by means of which the drugs or psychotropic substances included in the list of precursors can be made.

Psychotropic substances are the substances of synthetic or natural origin included in lists I, II and III of psychotropic substances.

Conversion is actions from which result refinement (cleaning of foreign impurity), change in medicine, concentration of drugs, psychotropic substances, their analogs and precursors, and also obtaining on their basis of substances to which measures of the state control do not extend.

Medicine - the mix of substances in any physical condition containing one or several drugs, psychotropic substances, their analogs and precursors, and also live organisms containing them.

3. The list of the drugs which are subject to control in the Kyrgyz Republic, psychotropic substances, their analogs and precursors, and also live organisms containing them affirms the Cabinet of Ministers of the Kyrgyz Republic and consists of the following lists:

1) the list I of drugs which turnover is limited, subject to special control;

2) the list II of drugs which turnover is limited, subject to general measures of control;

3) the list III of drugs which medicines are in accordance with the established procedure exempted from some control measures;

4) the list IV of the drugs prohibited for application in public which turnover in the Kyrgyz Republic is prohibited;

5) the list I of the psychotropic substances prohibited for application in public which turnover in the Kyrgyz Republic is prohibited;

6) the list II of psychotropic substances which turnover is limited, subject to special control measures;

7) the list III of psychotropic substances which turnover is limited, subject to general measures of control;

8) the list IV of psychotropic substances which medicines are in accordance with the established procedure exempted from some control measures;

9) list of analogs of drugs and psychotropic substances;

10) the list of precursors (consists of tables 1 and 2);

11) the list of the substances which are not included in the list of precursors, but subjects to limited control (preprecursors and substitutes of precursors);

12) the list of the live organisms containing drugs, psychotropic substances, their analogs or precursors.

4. The question of the size (small, large and especially large) the being in drug trafficking or psychotropic substances is solved court in each case, proceeding from the criteria approved by the Cabinet of Ministers of the Kyrgyz Republic.

5. Considering that for establishment of type of substance (drug, psychotropic substance, their analogs or precursors), its names, chemical properties, origins, method of production (conversion), and also exact weight are necessary special knowledge, by consideration of criminal cases of the specified category courts shall be guided by the conclusions of the corresponding judicial examinations.

It is necessary to consider that the size is determined by the weight of the operating drug, psychotropic substance or their analog, except for drugs, psychotropic substances and their analogs concerning which according to the subitem 3 of Item 1 the resolution of the Cabinet of Ministers of the Kyrgyz Republic of March 26, 2025 No. 152 "About drugs, the psychotropic substances, their analogs and precursors which are subject to control in the Kyrgyz Republic" it is determined that establishment of amount of the controlled substance containing in medicines of drugs, psychotropic substances and their analogs is not required.

When drug or psychotropic substance is in mix with any neutral substance (filler) and where the size (weight) of the operating drug, psychotropic substance or their analog in mix, it is impossible to determine, its size is determined by total weight of all mix.

At the same time it is necessary to pay attention that for all liquids and solutions containing at least one drug or psychotropic substance, their quantity is also determined in terms of dry remaining balance according to the criteria approved by the resolution of the Cabinet of Ministers of the Kyrgyz Republic.

6. Courts need to mean that for establishment of weight and the size of the withdrawn substances, and also for the purpose of streamlining of their withdrawal, storages and destructions, shall be reflected in the protocol constituted by the investigator date, the place and circumstances of detection of drugs, psychotropic substances, their analogs and precursors, their detailed description, weight and method of weighing, and also the number of sealed packagings.

7. Illegal acquisition or storage of drugs or psychotropic substances without sales objective differ on consequence in law from the similar actions made with sales objective in this connection on each such case the purpose of acquisition or storage by the guilty person of drugs or psychotropic substances shall be established.

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