of June 15, 2006 No. 14
About court practice on cases on the crimes connected with drugs, psychotropic, strong and toxic agents
Counteraction to drug trafficking, psychotropic substances or their analogs continues to remain important problem of homeland security. High level of illicit traffic of drugs among the country population, especially in the nursery and young people remains. The share of the high-concentrated and synthetic drugs and psychotropic substances in their illicit trafficking increases. Minors, women, the unemployed are actively involved in sale of drugs.
The analysis of court practice demonstrates that courts in case of permission of criminal cases about crimes of the specified category generally correctly apply regulations of the Criminal Code of the Russian Federation. At the same time in practice of consideration of such cases by courts mistakes are made. There are separate facts of unreasonable condemnation of persons in view of incorrect interpretation by some courts of concepts of production, conversion and production of drugs and psychotropic substances. There are difficulties in legal treatment of actions of persons transporting drugs or psychotropic substances without sales objective, and also transfer or sale of the specified means and substances.
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 strong and toxic agents, the Plenum of the Supreme Court of the Russian Federation decides to make to courts the following explanations:
1. By hearing of cases about crimes which subject are drugs the psychotropic substances, their precursors or analogs, plants containing drugs, psychotropic substances or their precursors, or their parts containing drugs, psychotropic substances or their precursors, strong or toxic agents, new potentially dangerous psychoactive agents, courts should be guided by the Federal Law of January 8, 1998 No. 3-FZ "About drugs and psychotropic substances"; orders of the Government of the Russian Federation which lists of the specified means, the substances, precursors, plants which are subject to control in the Russian Federation, lists of strong and toxic agents, and also their considerable, large and especially large sizes for the purposes of articles of the Criminal Code of the Russian Federation affirm; The Register of new potentially dangerous psychoactive agents which turnover in the Russian Federation is prohibited.
It is also necessary to consider the decisions of the Commission of the UN on drugs on reference of new substances to drugs and psychotropic substances accepted later editions of the List of the drugs, psychotropic substances and their precursors which are subject to control in the Russian Federation, N681 approved by the order of the Government of the Russian Federation of June 30, 1998 (with subsequent changes) according to obligations of the Russian Federation, the Party (participant) of Conventions of which it is (article 3 of the Single convention on drugs of 1961, article 2 of the Convention on psychotropic substances of 1971, article 12 of the Convention of the UN about fight against illicit trafficking in drugs and psychotropic substances of 1988).
2. Meaning that for determination of type of means and substances (narcotic, psychotropic or their analogs, strong or poisonous, new potentially dangerous psychoactive), their sizes, names and properties, origins, method of production, production or conversion, and also for establishment of belonging of plants to the cultures containing drugs or psychotropic substances or their precursors are required special knowledge, courts shall have the corresponding expert opinions or specialists.
According to article 35 of the Federal law "About Drugs and Psychotropic Substances" conducting examinations with use of drugs, psychotropic substances and their precursors or for their identification is allowed to legal entities in the presence of the license for the specified type of activity. Conducting such examinations in expert divisions of the Investigative Committee of the Russian Federation, federal executive body on control of drug trafficking and psychotropic substances, federal executive body in the field of internal affairs, federal executive body on customs affairs, the Federal Security Service, the judicial and expert organizations of federal executive body in the field of justice is performed without license. Conducting such examinations is performed also in expert divisions of federal executive body in the field of defense.
3. According to the Federal Law "About Drugs and Psychotropic Substances" analogs of drugs and psychotropic substances are the substances of synthetic or natural origin prohibited for turnover in the Russian Federation not included in the List of the drugs, psychotropic substances and their precursors which are subject to control in the Russian Federation which chemical structure and properties are similar to chemical structure and properties of drugs or psychotropic substances which psychoactive action they reproduce.
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