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Герб

On behalf of the Russian Federation

DECISION OF THE SUPREME COURT OF THE RUSSIAN FEDERATION

of June 19, 2014 No. AKPI14-523

About refusal in allowance of the application about recognition invalid separate provisions of the Order of the Government of the Russian Federation of June 30, 1998 No. 681 "About approval of the list of the drugs, psychotropic substances and their precursors which are subject to control in the Russian Federation"

The Supreme Court of the Russian Federation in structure:

judge of the Supreme Court of the Russian Federation Emysheva V. A.,

in case of B.'s secretary,

with participation of the prosecutor Masalova L. F.,

having considered in proceeding in open court civil case according to K.G. statement for recognition invalid orders of the Government of the Russian Federation of June 30, 1998 No. 681 "About approval of the list of the drugs, psychotropic substances and their precursors which are subject to control in the Russian Federation"

established:

No. 681 (further - the Resolution) is approved by the order of the Government of the Russian Federation of June 30, 1998 the List of the drugs, psychotropic substances and their precursors which are subject to control in the Russian Federation (further - the List), in particular the list of drugs, psychotropic substances and their precursors which turnover in the Russian Federation is prohibited in accordance with the legislation of the Russian Federation and international treaties of the Russian Federation (list I) (further - the List I). The resolution is published on July 17, 1998 in "The Russian newspaper", on July 6, 1998 in the Russian Federation Code.

By the paragraph third Resolutions it is determined that modification of the List is performed based on offers of the Ministry of Health of the Russian Federation or Federal Drug Control Service of the Russian Federation which represent in accordance with the established procedure the corresponding drafts of acts of the Government of the Russian Federation.

The List I as drugs includes No. and its derivatives, except for the derivatives included as independent line items in the List, (naphthalene-1-silt) (1-pentyl-1H-indole-3-silt) метанон (JWH-018) and its derivatives, except for the derivatives included as independent line items in the List, эфедрон (меткатинон) and its derivatives, except for derivatives, included as independent line items in the List.

K.G. appealed to the Supreme Court of the Russian Federation with the statement for recognition invalid this regulatory legal act in the part providing modification of the List on representation of Federal Drug Control Service of the Russian Federation without approval of the Ministry of Health of the Russian Federation and also regarding reference to drugs of the List of derivatives of No.-metilefedron, (naphthalene-1-silt) (1-pentyl-1H-indole-3-silt) метанон (JWH-018), efedrona (меткатинон), except for the derivatives included as independent line items in the List, referring to their contradiction to articles 1 and 2 of the Federal Law of January 8, 1998 No. 3-FZ "About drugs and psychotropic substances" (further - the Federal Law of January 8, 1998 No. 3-FZ), to Articles 1, of 3, to Chapter 25 of the Criminal Code of the Russian Federation (further - the Criminal Code of the Russian Federation), to Articles 1, 2 (Item 5), 39 The single convention on drugs of 1961 (further - the Single convention of 1961) both to Articles 6, 7 and preamble of the Convention on human rights protection and fundamental freedoms of 1950 (further - the Convention of 1950).

The applicant specified that concerning him criminal case on essential elements of offense, the stipulated in Article 228.1 Criminal Code of the Russian Federation is brought, qualification of its actions became possible as a result of application of the challenged normative provisions.

K.G. is informed on time and the place of judicial session in the procedure established by the law.

In judicial session the representative of the applicant Sh. supported the declared requirements and asked them to satisfy.

The government of the Russian Federation charged to represent the interests in the Supreme Court of the Russian Federation to Federal Drug Control Service of the Russian Federation (the order of May 23, 2014 No. AH-P4-3760).

Representatives of the Government of the Russian Federation objected K.D., R. and S. to satisfaction of the declared requirements and explained to court that the Resolution in the disputed part does not contradict the federal legislation, rules of international law, is not expansion of the bases of criminal prosecution, does not break the principle of criminal legal regulation of criminal prosecution based on the law, does not violate the right and freedom of citizens, including the applicant.

Having listened to explanations of persons participating in case, having researched case papers, in view of the conclusion of the prosecutor of the Prosecutor General's Office of the Russian Federation Masalova L. F., believing that the statement is not subject to satisfaction, the Supreme Court of the Russian Federation does not find reasons for satisfaction of the declared requirements.

Legal basis of state policy in the field of drug trafficking, psychotropic substances and their precursors, and also in the field of counteraction to their illicit trafficking for the purpose of protection of public health, the state and public security is determined in the Federal Law of January 8, 1998 No. 3-FZ which Article 1 to drugs carries substances of synthetic or natural origin, medicines included in the List in accordance with the legislation of the Russian Federation, international treaties of the Russian Federation, including the Single convention of 1961.

The Russian Federation, having ratified the Single convention of 1961 (with the amendments made to it by the Protocol of 1972) and the Convention on fight against illicit trafficking in drugs and psychotropic substances of 1988, thereby undertook the obligation to accept within the territory any necessary, in her opinion, special measures of control concerning any drug included in the List I of the Single convention on drugs, considering its especially dangerous properties, and also - if the conditions existing in the country do it by the most suitable method of health protection and wellbeing - to enter legislative and administrative measures what can be necessary to fulfill the assumed liabilities (Item 5 of Article 2 and the Item "and" of article 4 of the Single convention of 1961).

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