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Criminal article of the Russian Federation 228 part 3. Differences from other norms

1. Illegal acquisition, storage, transportation, production, processing without the purpose of sale of narcotic drugs, psychotropic substances or their analogues in a significant amount, as well as illegal acquisition, storage, transportation without the purpose of sale of plants containing narcotic drugs or psychotropic substances, or their parts containing narcotic drugs or psychotropic substances in a significant amount -

shall be punishable by a fine in the amount of up to forty thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to three months, or by compulsory labor for a term of up to four hundred eighty hours, or by corrective labor for a term of up to two years, or by restriction of liberty for a term of up to three years. , or imprisonment for the same period.

2. The same acts committed on a large scale -

shall be punishable by imprisonment for a term of three to ten years with or without a fine in the amount of up to five hundred thousand rubles or in the amount of the wages or other income of the convicted person for a period of up to three years and with or without restriction of freedom for a term of up to one year.
Information about changes:

Federal Law No. 18-FZ of March 1, 2012 supplemented Article 228 with Part 3, which comes into force on January 1, 2013.

3. The same acts committed on an especially large scale -

shall be punishable by imprisonment for a term of ten to fifteen years with or without a fine in the amount of up to five hundred thousand rubles or in the amount of the wages or other income of the convicted person for a period of up to three years and with or without restriction of freedom for a term of up to one and a half years.

Notes

1. A person who has committed a crime under this article, who voluntarily handed over narcotic drugs, psychotropic substances or their analogues, plants containing narcotic drugs or psychotropic substances, or parts thereof containing narcotic drugs or psychotropic substances, and who actively contributed to the detection or suppression of crimes related to with the illegal trafficking of these funds, substances or their analogues, as well as with the illegal acquisition, storage, transportation of such plants or their parts containing narcotic drugs or psychotropic substances, the exposure of the persons who committed them, the discovery of property obtained by criminal means, is exempt from criminal liability for this crime. The seizure of these drugs, psychotropic substances or their analogues, such plants or their parts containing narcotic drugs or psychotropic substances, when detaining a person and during investigative actions to detect and seize these drugs, substances or their analogues, such plants or parts thereof containing narcotic drugs or psychotropic substances.

2. Significant, large and especially large sizes of narcotic drugs and psychotropic substances, as well as significant, large and especially large sizes for plants containing narcotic drugs or psychotropic substances, or their parts containing narcotic drugs or psychotropic substances, for the purposes of this article, and approved by the Government of the Russian Federation.

3. Significant, large and especially large sizes of analogues of narcotic drugs and psychotropic substances correspond to significant, large and especially large sizes of narcotic drugs and psychotropic substances of which they are analogues.

Commentary to Art. 228 of the Criminal Code of the Russian Federation

1. The social danger of the crime lies in the fact that illegal trafficking in narcotic drugs and psychotropic substances allows for their uncontrolled distribution and use. This has a very negative impact on the health of the population, the socio-psychological atmosphere, the economy, politics and law and order.

2. The subject of the crime is narcotic drugs, psychotropic substances or their analogues, plants containing narcotic drugs, psychotropic substances or their analogues, or their parts containing narcotic drugs, psychotropic substances or their analogues.

Narcotic drugs, plants containing narcotic drugs, or their parts containing narcotic drugs include narcotic substances of synthetic or natural origin, preparations, plants or parts thereof included in the List of narcotic drugs, psychotropic substances and their precursors subject to control in the Russian Federation , approved by Decree of the Government of the Russian Federation of June 30, 1998 N 681 (as amended on November 23, 2012), in accordance with the legislation of the Russian Federation and international treaties of the Russian Federation (including Article 3 of the Single Convention on Narcotic Drugs of March 30, 1961 (with amendments of March 25, 1972), Article 12 of the UN Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of December 20, 1988).
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NW RF. 1998. N 27. Art. 3198; 2004. N 8. Art. 663; N 47. Art. 4666; 2006. N 29. Art. 3253; 2007. N 28. Art. 3439; 2009. N 26. Art. 3183; N 52 (part 1). Art. 6572; 2010. N 3. Art. 314; N 17. Art. 2100; N 24. Art. 3035; N 31. Art. 4271; N 45. Art. 5864; N 50. Art. 6696, 6720; 2011. N 10. Art. 1390; N 12. Art. 1635; N 29. Art. 4466, 4473; N 42. Art. 5921; N 51. Art. 7534; 2012. N 10. Art. 1232; N 11. Art. 1295; N 22. Art. 2864; N 37. Art. 5002; N 41. Art. 5625; N 48. Art. 6686; N 49. Art. 6861.

NW RF. 2000. N 22. Art. 2269.

Collection of international treaties of the USSR and the Russian Federation. Vol. XLVII. M., 1994. S. 133 - 157.

The list contains two lists of narcotic drugs. List I includes narcotic drugs, the circulation of which is prohibited in Russia in accordance with the legislation of the Russian Federation and international treaties of the Russian Federation. Their circulation is permitted only for the purposes of destruction, use for scientific and educational purposes, in expert and operational investigative activities. List II includes a list of narcotic drugs, the circulation of which is limited in Russia and for which control measures are established in accordance with the legislation of the Russian Federation and international treaties of the Russian Federation. Their circulation is permitted as prescribed by a doctor for medical purposes, as well as for the purpose of destruction, in veterinary medicine, when used for scientific and educational purposes, in expert and operational investigative activities. It is also necessary to be guided by the decisions of the UN Commission on Narcotic Drugs on classifying new substances as narcotic drugs, adopted after the publication of the List of Drugs Subject to Control in the Russian Federation.

Psychotropic substances, plants containing psychotropic substances, or their parts containing psychotropic substances - substances of synthetic or natural origin, preparations, natural materials included in the List in accordance with the legislation of the Russian Federation, international treaties of the Russian Federation, including the Convention on Psychotropic Substances of February 21, 1971.
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Collection of current treaties, agreements and conventions concluded by the USSR with foreign states. Vol. XXXV. M., 1981. S. 416 - 434.

Analogues of narcotic drugs and psychotropic substances are substances of synthetic or natural origin prohibited for circulation in the Russian Federation, not included in the List, the chemical structure and properties of which are similar to the chemical structure and properties of narcotic drugs and psychotropic substances, the psychoactive effect of which they reproduce.

3. The objective side of the crime is characterized by alternatively indicated illegal actions: acquisition; storage; transportation; manufacturing; processing of narcotic drugs, psychotropic substances or their analogues, plants containing narcotic drugs, psychotropic substances, or their parts containing narcotic drugs, psychotropic substances. Their content is disclosed in detail in Resolution of the Plenum of the Armed Forces of the Russian Federation dated June 15, 2006 No. 14.

Illegal acquisition without the purpose of selling narcotic drugs, psychotropic substances or their analogues, plants containing narcotic drugs, psychotropic substances, or their parts containing narcotic drugs, psychotropic substances, should be considered their receipt in any way, including purchase, receipt as a gift, and also as a means of mutual settlement for work done, services rendered or in payment of a debt, in exchange for other goods and things, appropriation of what was found, collection of wild plants or their parts included in the List, including on the lands of agricultural and other enterprises, and also on citizens’ land plots, if these plants were not sown or grown, collecting the remains of crops of these plants located in unprotected fields after completion of their harvesting.

The collection of narcotic plants on the fields of agricultural enterprises and land plots of citizens who did not sow or grow them is recognized as illegal acquisition, and not theft of narcotic drugs.
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BVS RF. 1995. N 4. P. 14 - 15.

4. The acquisition should be considered completed from the moment the subject of the crime passes into the actual possession of the perpetrator. If a person transferred money for the purchase of narcotic drugs or psychotropic substances, their analogues, plants containing narcotic drugs, psychotropic substances, or their parts containing narcotic drugs, psychotropic substances, but for some reason they were not received (for example, a seller, having taken the money, ran away, or the transaction was stopped by law enforcement officers), his actions should be qualified as an attempted acquisition under the relevant part of the commented article 228 of the Criminal Code of the Russian Federation.

5. Illegal possession without the purpose of selling narcotic drugs, psychotropic substances or their analogues, plants containing narcotic drugs, psychotropic substances, or their parts containing narcotic drugs, psychotropic substances, should be understood as the actions of a person associated with the illegal possession of these drugs or substances , including for personal consumption (keeping with you, indoors, cache and other places). In this case, it does not matter for how long the person illegally stored a narcotic drug, psychotropic substance or their analogues, as well as plants or parts thereof containing narcotic drugs or psychotropic substances. Illegal possession is a continuing crime. It will be completed at the moment of suppression or surrender of the person.

Illegal transportation should be understood as the intentional actions of a person who moves narcotic drugs, psychotropic substances or their analogues, plants containing narcotic drugs, psychotropic substances, or parts thereof containing narcotic drugs, psychotropic substances, from one place to another, without the purpose of sale. including within the same locality, committed using any type of transport or any object used as a means of transportation, as well as in violation of the general procedure for transporting these means and substances, established by Art. 21 of the Federal Law of 01/08/1998 N 3-FZ “On Narcotic Drugs and Psychotropic Substances” (as amended on 03/01/2012).
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NW RF. 1998. N 2. Art. 219; 2002. N 30. Art. 3033; 2003. N 2. Art. 167; N 27 (part 1). Art. 2700; 2004. N 49. Art. 4845; 2005. N 19. Art. 1752; 2006. N 43. Art. 4412; N 44. Art. 4535; 2007. N 30. Art. 3748; N 31. Art. 4011; 2008. N 30 (part 1). Art. 3592; N 48. Art. 5515; N 52 (part 1). Art. 6233; 2009. N 29. Art. 3588; N 29. Art. 3614; 2010. N 21. Art. 2525; N 31. Art. 4192; 2011. N 1. Art. 16, 29; N 15. Art. 2039; N 25. Art. 3532; N 49 (part 1). Art. 7019; N 49 (part 5). Art. 7061; 2012. N 10. Art. 1166.

Violation of the general procedure means that the transportation of these items is carried out by legal entities without a license (or in violation) for this type of activity, or the transportation of narcotic drugs and psychotropic substances is carried out by individuals in the absence of a legitimate document issued by a pharmacy organization and confirming the legality of obtaining narcotic drugs and psychotropic substances for medical purposes.

Illegal transportation of narcotic drugs, psychotropic substances or their analogues, plants containing narcotic drugs, psychotropic substances, or their parts containing narcotic drugs, psychotropic substances, can be carried out with their concealment, including in specially equipped hiding places in a vehicle or luggage , clothing, as well as in the cavities of the human or animal body, etc.

The question of the presence in the actions of a person of the corpus delicti of illegal transportation without the purpose of sale and the delimitation of the specified corpus delicti from the illegal storage without the purpose of sale of a narcotic drug, psychotropic substance or their analogues, plants containing narcotic drugs, psychotropic substances, or their parts containing narcotic drugs drugs, psychotropic substances, during a trip must be decided by the court in each specific case, taking into account the direction of intent, the actual circumstances of transportation, quantity, size, volume of narcotic drugs, psychotropic substances or their analogues, their location, as well as other circumstances of the case.

Possession by a person during a trip of a narcotic drug or psychotropic substance in small quantities intended for personal consumption does not fall under the criteria of illegal transportation.
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BVS RF. 2000. N 11. P. 10; 2002. N 4. P. 12; 2003. N 9. P. 23; 2004. N 10. P. 24.

In the event that the transportation of the subject of a crime is carried out by a so-called courier, the qualification of the actions of the person who organized the transportation will depend on awareness of the essence of the “courier’s” order. If the “courier” knew about the nature of the order, then he will be held liable as the executor of the transportation, and the sender - as its organizer, otherwise the “courier” will not be subject to criminal liability due to the absence of corpus delicti in his actions, and the actions of the sender will constitute an illegal shipment narcotic drugs or psychotropic substances ().

Actions for the illegal movement of narcotic drugs, psychotropic substances or their analogues, plants containing narcotic drugs, psychotropic substances, or their parts containing narcotic drugs, psychotropic substances, across the customs border of the Customs Union within the EurAsEC, or the State border of the Russian Federation with states - members of the Customs Union within the EurAsEC, are subject to additional qualifications according to.

6. The illegal manufacture of narcotic drugs, psychotropic substances or their analogues without the purpose of sale should be understood as intentional actions committed in violation of the legislation of the Russian Federation, as a result of which one or more drugs ready for use and consumption are obtained from narcotic plants, medicinal, chemical and other substances , psychotropic substances or their analogues.

The federal law interprets the concept of “manufacture” more narrowly, referring to it as actions that result in ready-to-use and consumption forms of narcotic drugs, psychotropic substances or medicines containing them based on narcotic drugs, psychotropic substances or their precursors.

Grinding a plant for ease of use when smoking, and not to increase the concentration of a narcotic drug, is not manufacturing.
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BVS RF. 1999. N 5. S. 12 - 13.

The actions of a person who diluted a narcotic drug he purchased, but did not change its chemical composition, cannot be considered as the manufacture of a narcotic drug.
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BVS RF. 2002. N 5. P. 15.

The actions of the person who rubbed the apical parts of wild hemp and collected the substance from his palms, compressed it and put it in a matchbox, do not indicate the manufacture of a narcotic drug, increasing its concentration, changing the properties of hemp, but the chosen method of collecting the drug-containing substance.
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BVS RF. 2004. N 10. P. 28.

Illegal production differs from illegal production in the method of production, volume of production (serial production) and degree of readiness for consumption.

Illegal processing without the purpose of selling narcotic drugs, psychotropic substances or their analogues should be understood as intentional actions committed in violation of the legislation of the Russian Federation to refining (cleanse from foreign impurities) a solid or liquid mixture containing one or more narcotic drugs or psychotropic substances, or increasing such mixture (drug) of concentration of a narcotic drug or psychotropic substance, as well as mixing with other pharmacological active substances in order to increase their activity or enhance the effect on the body.

In addition, the federal law includes the illegal processing of narcotic drugs or psychotropic substances as actions to obtain substances from them that are not narcotic drugs or psychotropic substances.

Grinding, drying or grinding narcotic plants, dissolving narcotic drugs, psychotropic substances or their analogues with water without additional processing in the form of evaporation, refining, sublimation, etc., as a result of which the chemical structure of the substance does not change, cannot be considered as manufacturing or processing narcotic drugs.

The question of the presence or absence in a person’s actions of such a sign of a crime as the manufacture or processing of a narcotic drug, psychotropic substance or their analogues should be based on an expert’s opinion on the type of drug or substance received, its name, method of production or processing, or other evidence.

7. Responsibility under Part 1 of the commented article for the illegal manufacture or illegal processing of narcotic drugs, psychotropic substances or their analogues without the purpose of sale, as well as the illegal acquisition, storage, transportation without the purpose of sale of plants or their parts containing narcotic drugs or psychotropic substances, in a significant amount as a completed crime occurs from the moment of receiving these drugs or substances in large quantities ready for use and consumption, or in the event of increasing their concentration in the drug by refining or mixing.

A necessary condition for criminal liability under the commented article for the illegal acquisition, storage, transportation, production, processing of criminal items is the commission of such actions by a person in relation to narcotic drugs, psychotropic substances or their analogues, plants containing narcotic drugs, psychotropic substances, or their parts containing narcotic drugs, psychotropic substances, which individually, without their addition, constitute a significant amount of these drugs, substances, plants or their parts.

8. A significant amount of narcotic drugs, psychotropic substances, their analogues, plants containing narcotic drugs, psychotropic substances, or their parts containing narcotic drugs, psychotropic substances, is approved by the Government of the Russian Federation.

9. The large size of narcotic drugs and psychotropic substances is approved by Decree of the Government of the Russian Federation of October 1, 2012 N 1002 “On approval of significant, large and especially large sizes of narcotic drugs and psychotropic substances, as well as significant, large and especially large sizes for plants containing narcotic drugs or psychotropic substances, or their parts containing narcotic drugs or psychotropic substances, for the purposes of Articles 228, 228.1, 229, 229.1 of the Criminal Code of the Russian Federation" (as amended on November 23, 2012) (clause 2 of the note to the commented article 228 of the Criminal Code RF).
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NW RF. 2012. N 41. Art. 5624; N 49. Art. 6861.

The sizes of isomers, stereoisomers (if they are not specifically excluded), esters, salts of narcotic drugs and psychotropic substances listed in List I are determined in relation to the sizes established by Decree of the Government of the Russian Federation of October 1, 2012 N 1002 (as amended on November 23, 2012) , for the corresponding narcotic drugs and psychotropic substances. A drug is a mixture of substances in any physical state, containing one or more narcotic drugs or psychotropic substances. All mixtures that contain narcotic drugs and psychotropic substances (from List I), regardless of their quantity, are completely prohibited on the territory of the Russian Federation. When deciding whether to determine the significant, large or especially large size of such a mixture, one should proceed from the total amount of the mixture (drug) in relation to the narcotic drug or psychotropic substance for which more stringent control measures have been established, regardless of their content in the mixture.
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See: Definition of the Constitutional Court of the Russian Federation dated 02/08/2007 N 290-O-P.

For example, heroin included in Schedule I can contain up to 100 different components. To resolve the issue of the size of such drugs, it is not necessary to establish the proportion of pure heroin (diacetylmorphine) by excluding the impurities accompanying it from the volume of this narcotic drug.

If a narcotic drug or psychotropic substance is mixed with any neutral substance, the size of the narcotic drug or psychotropic substance is determined without taking into account the amount of neutral filler contained in the mixture. Thus, when making cigarettes from a mixture of marijuana and tobacco, the tobacco should be separated from the marijuana and the weight categories should be determined by the marijuana residue. Dried or undried poppy straw is recognized as a narcotic drug, regardless of whether the straw has been subjected to extraction or destruction (mold, rotting). Quantity of acetylated opium, cannabis (marijuana), khat, homemade preparations of ephedrine, pseudoephedrine or preparations containing ephedrine or pseudoephedrine, coca leaf, poppy straw, cannabis oil (hashish oil), milky juices of various types of poppies that are not opium or oleaginous poppy, but containing poppy alkaloids, opium, opium poppy, the fruiting body of any type of mushroom containing psilocybin and (or) psilocin, poppy straw extract contained in List I, is determined after drying them to constant weight at a temperature of 110 - 115 degrees. C. Poppy straw includes the entire plant: poppy heads, leaves, stems, roots, excluding ripe seeds.

Of the drugs contained in Schedule II, the above procedure for determining the size of mixtures (drugs) applies only to cocaine and cocaine hydrochloride.

The size of salts of narcotic drugs and psychotropic substances listed in Lists II and III, if the existence of such salts is possible, is determined in relation to the sizes established by the Government of the Russian Federation for the corresponding narcotic drugs and psychotropic substances.

The large size of analogues of narcotic drugs and psychotropic substances corresponds to the large size of narcotic drugs and psychotropic substances, analogues of which they are (paragraph 3 of the note to the commented article).

In the event that the amount of a narcotic drug or psychotropic substance or their analogues does not reach the established amount, the act, due to its insignificance, cannot be considered criminal. The characterization of a particular act as insignificant is carried out by the preliminary investigation authorities, taking into account all the circumstances of the offense committed and its consequences. Such an insignificant act, due to the absence of public danger, does not contain elements of a crime, can form an administrative offense under Art. 6.8 of the Administrative Code, and administrative measures may be applied to the person who committed it.

10. The corpus delicti is formal. The crime is completed from the moment of committing one of the actions specified in the disposition of the article.

11. The subjective side of the crime is characterized by direct intent and the absence of a purpose for selling the specified funds or substances. A person is aware of the social danger of his actions of illegally acquiring, storing, transporting, manufacturing or processing without the purpose of selling narcotic drugs, psychotropic substances or their analogues, plants containing narcotic drugs, psychotropic substances, or parts thereof containing narcotic drugs, psychotropic substances, and wants to perform these actions. The perpetrator does not need to be aware that a specific drug (substance) is included in the List of Narcotic Drugs, Psychotropic Substances and Their Precursors subject to control in the Russian Federation; a general understanding of classifying the drug as narcotic and the substance as psychotropic is sufficient.

The absence of a marketing purpose usually means that the actions specified in the law are carried out for the purpose of personal consumption of such substances. In addition, the absence of a sales goal can also be evidenced by the lack of an appropriate agreement, packaging, and quantity.
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See: Commentary on the Criminal Code of the Russian Federation: article-by-article / Rep. ed. A.V. Naumov. M., 2004. P. 552 (author - S.V. Polubinskaya).

12. The subject of the crime is a sane individual who has reached the age of 16.

13. The qualifying feature (Part 2 of the article under comment) is the commission of illegal actions on a large scale as mentioned in Part 1 of the article.

The large size of narcotic drugs, psychotropic substances or their analogues, plants containing narcotic drugs, psychotropic substances, or their parts containing narcotic drugs, psychotropic substances, is approved by the Decree of the Government of the Russian Federation.

14. The qualifying feature (Part 3 of the commented article) is the commission of illegal actions listed in Part 1 of the article on an especially large scale.

Particularly large amounts of narcotic drugs and psychotropic substances were approved by Decree of the Government of the Russian Federation of October 1, 2012 N 1002 (clause 2 of the note to the commented article). The particularly large size of analogues of narcotic drugs and psychotropic substances corresponds to the particularly large size of narcotic drugs and psychotropic substances of which they are analogues (clause 3 of the note to the commented article).

15. In paragraph 1 note. The commented article 228 of the Criminal Code of Russia provides for a special type of exemption from criminal liability. A person who has committed a crime under this article, who voluntarily handed over narcotic drugs, psychotropic substances or their analogues, plants containing narcotic drugs, psychotropic substances or parts thereof containing narcotic drugs, psychotropic substances, and who actively contributed to the detection or suppression of crimes related to illegal trafficking in narcotic drugs, psychotropic substances or their analogues, plants containing narcotic drugs, psychotropic substances, or their parts containing narcotic drugs, psychotropic substances, exposing the persons who committed them, discovering property obtained by criminal means, is exempt from criminal liability for this crime .

Cannot be recognized as voluntary surrender of narcotic drugs, psychotropic substances or their analogues, plants containing narcotic drugs, psychotropic substances, or their parts containing narcotic drugs, psychotropic substances, their seizure during the detention of a person, as well as during investigative actions to detect them and seizure. Voluntary surrender of narcotic drugs, psychotropic substances or their analogues, as well as plants or parts thereof containing narcotic drugs or psychotropic substances, means the delivery by a person of such drugs or substances to government officials if this person has a real opportunity to dispose of them in another way. The issuance by a person of narcotic drugs or psychotropic substances, their analogues, plants containing narcotic drugs, psychotropic substances, or their parts containing narcotic drugs, psychotropic substances, at the suggestion of the investigator, for example, before the start of a seizure or search in the premises, should not exclude criminal liability , but can be considered by the court as a mitigating circumstance when assigning punishment (Article ,).

To be exempt from criminal liability, a combination of the two conditions specified in the law is necessary. The Plenum of the Armed Forces of the Russian Federation clarified that, in accordance with the law, the possibility of exemption from criminal liability for the first crime committed under Part 1 of the commented article is not excluded for those persons who, although they did not deliver narcotic drugs or psychotropic substances, their analogues, plants containing narcotic drugs , psychotropic substances, or parts thereof containing narcotic drugs, psychotropic substances, due to their lack of such, but confessed, actively contributed to the disclosure or suppression of crimes related to the illicit trafficking of narcotic drugs, psychotropic substances or their analogues, incriminating persons, their committed, discovery of property obtained by criminal means.

The legislator, describing the appropriate conditions for releasing a person from criminal liability on the basis of paragraph 1 of note. to the commented article 228 of the Criminal Code of the Russian Federation, uses the term “released” and not “may be released”. This means that, having established the presence of the conditions specified in the note, the judicial investigative authorities are obliged to release the person from criminal liability for any crime provided for in the commented article.

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Article 228.1. Illegal production, sale or shipment of narcotic drugs, psychotropic substances or their analogues, as well as illegal sale or shipment of plants containing narcotic drugs or psychotropic substances, or their parts containing narcotic drugs or psychotropic substances →

Articles 228-228.1 of the Criminal Code of the Russian Federation in the new edition, effective from January 1, 2013:

AVAILABLE NOW:

Article 228. Illegal acquisition, storage, transportation, production, processing of narcotic drugs, psychotropic substances or their analogues, as well as illegal acquisition, storage, transportation of plants containing narcotic drugs or psychotropic substances, or their parts containing narcotic drugs or psychotropic substances ( as amended by Federal Law dated May 19, 2010 N 87-FZ, dated December 8, 2003 N 162-FZ)

2. The same acts committed on a large scale -

3. The same acts committed on an especially large scale -

Notes 1. A person who has committed a crime under this article, who voluntarily surrendered narcotic drugs, psychotropic substances or their analogues, plants containing narcotic drugs or psychotropic substances, or parts thereof containing narcotic drugs or psychotropic substances, and who actively contributed to the detection or suppression of crimes related to illegal turnover of the specified means, substances or their analogues, as well as with the illegal acquisition, storage, transportation of such plants or their parts containing narcotic drugs or psychotropic substances, the exposure of the persons who committed them, the discovery of property obtained by criminal means, is exempt from criminal liability for this crime. The seizure of these drugs, psychotropic substances or their analogues, such plants or their parts containing narcotic drugs or psychotropic substances, when detaining a person and during investigative actions to detect and seize these drugs, substances or their analogues, such plants or parts thereof containing narcotic drugs or psychotropic substances. (Clause 1 as amended by the Federal Law of 19.05 .2010 N 87-FZ)

2. Significant, large and especially large sizes of narcotic drugs and psychotropic substances, as well as significant, large and especially large sizes for plants containing narcotic drugs or psychotropic substances, or their parts containing narcotic drugs or psychotropic substances, for the purposes of this article, Articles 228.1 , 229 and 229.1 of this Code are approved by the Government of the Russian Federation. (as amended by Federal Laws dated May 19, 2010 N 87-FZ, dated December 7, 2011 N 420-FZ)

1. Illegal production, sale or shipment of narcotic drugs, psychotropic substances or their analogues, as well as illegal sale or shipment of plants containing narcotic drugs or psychotropic substances, or their parts containing narcotic drugs or psychotropic substances, -

shall be punishable by imprisonment for a term of four to eight years, with or without restriction of freedom for a term of up to one year.

2. Sale of narcotic drugs, psychotropic substances or their analogues, committed:

a) in a pre-trial detention center, correctional institution, administrative building, administrative structure, educational institution, at sports facilities, railway, air, sea, inland water transport or subway, in public transport or premises used for entertainment or leisure;

b) using the media or electronic or information and telecommunication networks (including the Internet), -

shall be punishable by imprisonment for a term of five to twelve years with a fine in the amount of up to five hundred thousand rubles or in the amount of the wages or other income of the convicted person for a period of up to three years, or without it, and with or without restriction of freedom for a term of up to one year.

3 . Acts provided for in parts one or two of this article, committed:

b) in a significant amount, -

shall be punishable by imprisonment for a term of eight to fifteen years with or without a fine in the amount of up to five hundred thousand rubles or in the amount of the wages or other income of the convicted person for a period of up to three years and with or without restriction of freedom for a term of up to two years.

4. Acts provided for in parts one, two or three of this article, committed:

a) an organized group;

d) on a large scale, -

shall be punishable by imprisonment for a term of ten to twenty years, with or without deprivation of the right to hold certain positions or engage in certain activities for a period of up to twenty years, and with a fine in the amount of up to one million rubles or in the amount of the wages or other income of the convicted person for a period of up to five years or without it.

5. Acts provided for in parts one, two, three or four of this article, committed on an especially large scale -

shall be punishable by imprisonment for a term of fifteen to twenty years with deprivation of the right to hold certain positions or engage in certain activities for a period of up to twenty years or without it and with a fine in the amount of up to one million rubles or in the amount of the wages or other income of the convicted person for a period of up to five years or without it or life imprisonment. (as amended by federal law dated March 1, 2012 No. 18 Federal Law)

Who is interested in the old articles 228-228.1 of the Criminal Code of the Russian Federation as amended, valid until 01/01/2013. whichno longer valid:

1. Illegal acquisition, storage, transportation, production, processing without the purpose of sale of narcotic drugs, psychotropic substances or their analogues on a large scale, as well as illegal acquisition, storage, transportation without the purpose of sale of plants containing narcotic drugs or psychotropic substances, or their parts containing narcotic drugs or psychotropic substances in large quantities - (as amended by Federal Law No. 87-FZ of May 19, 2010)

2. The same acts committed on an especially large scale -

shall be punishable by imprisonment for a term of three to ten years with a fine in the amount of up to five hundred thousand rubles or in the amount of the wages or other income of the convicted person for a period of up to three years, or without it.

Notes 1. A person who has committed a crime under this article, who voluntarily handed over narcotic drugs, psychotropic substances or their analogues, plants containing narcotic drugs or psychotropic substances, or parts thereof containing narcotic drugs or psychotropic substances, and who actively contributed to the detection or suppression of crimes related to with the illegal trafficking of these funds, substances or their analogues, as well as with the illegal acquisition, storage, transportation of such plants or their parts containing narcotic drugs or psychotropic substances, the exposure of the persons who committed them, the discovery of property obtained by criminal means, is exempt from criminal liability for this crime. The seizure of these drugs, psychotropic substances or their analogues, such plants or their parts containing narcotic drugs or psychotropic substances, when detaining a person and during investigative actions to detect and seize these drugs, substances or their analogues, such plants or parts thereof containing narcotic drugs or psychotropic substances. (Clause 1 as amended by the Federal Law of 19.05 .2010 N 87-FZ)

2. Large and especially large sizes of narcotic drugs and psychotropic substances, as well as large and especially large sizes for plants containing narcotic drugs or psychotropic substances, or their parts containing narcotic drugs or psychotropic substances, for the purposes of this article, Articles 228.1, 229 and 229.1 of this Code are approved by the Government of the Russian Federation. (as amended by Federal Laws dated May 19, 2010 N 87-FZ, dated December 7, 2011 N 420-FZ)

3. Large and especially large sizes of analogues of narcotic drugs and psychotropic substances correspond to large and especially large sizes of narcotic drugs and psychotropic substances, analogues of which they are. (Clause 3 introduced by Federal Law of January 5, 2006 N 11-FZ)

1. Illegal production, sale or transfer of narcotic drugs, psychotropic substances or their analogues, as well as illegal sale or transfer of plants containing narcotic drugs or psychotropic substances, or their parts containing narcotic drugs or psychotropic substances - (as amended by the Federal Law dated May 19, 2010 N 87-FZ)

shall be punishable by imprisonment for a term of four to eight years, with or without restriction of freedom for a term of up to one year (as amended by Federal Law No. 377-FZ of December 27, 2009)

2. The same acts committed:

a) by a group of persons by prior conspiracy;

b) on a large scale, - (as amended by Federal Law No. 215-FZ of July 27, 2009)

c) has become invalid. — Federal Law of July 27, 2009 N 215-FZ

shall be punishable by imprisonment for a term of five to twelve years with or without a fine in the amount of up to five hundred thousand rubles or in the amount of the wages or other income of the convicted person for a period of up to three years and with or without restriction of freedom for a term of up to two years.

(as amended by Federal Law dated December 27, 2009 N 377-FZ)

3. Acts provided for in parts one or two of this article, committed:

a) an organized group;

b) by a person using his official position;

c) by a person who has reached the age of eighteen, in relation to a minor;

(Clause “c” as amended by Federal Law No. 215-FZ of July 27, 2009)

d) on an especially large scale, -

shall be punishable by imprisonment for a term of eight to twenty years, with or without deprivation of the right to hold certain positions or engage in certain activities for a period of up to twenty years, and with a fine in the amount of up to one million rubles or in the amount of the wages or other income of the convicted person for a period of up to five years or without it. (as amended by Federal Law dated July 27, 2009 N 215-FZ)

Read more about the changes in the article:

1. Illegal acquisition, storage or transportation of precursors of narcotic drugs or psychotropic substances, as well as illegal acquisition, storage or transportation of plants containing precursors of narcotic drugs or psychotropic substances, or their parts containing precursors of narcotic drugs or psychotropic substances, on a large scale -

shall be punishable by a fine in the amount of two hundred thousand to three hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to nine months, or by compulsory labor for a term of up to one hundred and eighty hours, or by corrective labor for a term of up to one year, or by restriction of freedom for a term of up to one year.

2. The same acts committed on an especially large scale -

shall be punishable by a fine in the amount of three hundred thousand to five hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of nine months to one year, or by compulsory labor for a term of one hundred eighty to two hundred forty hours, or by corrective labor for a term of up to two years. , or restriction of liberty for a term of up to two years, or imprisonment for the same term.

Notes 1. A person who has committed a crime under this article, who voluntarily handed over precursors of narcotic drugs or psychotropic substances, plants containing precursors of narcotic drugs or psychotropic substances, or parts thereof containing precursors of narcotic drugs or psychotropic substances, and who actively contributed to the detection or suppression of crimes, associated with the illicit trafficking of precursors of narcotic drugs or psychotropic substances, as well as with the illegal acquisition, storage, transportation of such plants or their parts containing precursors of narcotic drugs or psychotropic substances, exposing the persons who committed them, detecting property obtained by criminal means, is exempt from criminal charges responsibility for this crime. Cannot be recognized as voluntary surrender of precursors of narcotic drugs or psychotropic substances, plants containing precursors of narcotic drugs or psychotropic substances, or their parts containing precursors of narcotic drugs or psychotropic substances, their seizure during the detention of a person, as well as during investigative actions to detect them and seizure.

2. Large and especially large sizes of precursors of narcotic drugs or psychotropic substances, large and especially large sizes for plants containing precursors of narcotic drugs or psychotropic substances, or their parts containing precursors of narcotic drugs or psychotropic substances, for the purposes of this article, as well as articles 228.4 and 229.1 of this Code are approved by the Government of the Russian Federation.

3. This article, as well as Articles 228.4 and 229.1 of this Code, applies to the turnover of precursors included in List I and Table I of List IV of the List of Narcotic Drugs, Psychotropic Substances and Their Precursors Subject to Control in the Russian Federation, approved by the Government of the Russian Federation.

Article 228 of the Criminal Code of the Russian Federation: what the punishment is?

1.1. The judge (court) imposing the punishment, depending on the nature and degree of public danger of the crime, the circumstances of its commission and the identity of the perpetrator, may recognize as an aggravating circumstance the commission of a crime while intoxicated caused by the use of alcohol, drugs or other intoxicating substances.

Article 228 of the Criminal Code of the Russian Federation: punishment

By acquisition, the legislator means not only the transfer of substances for money, but also in other ways: free of charge, in exchange for a service or information. The gratuitousness of the transaction in this case does not exempt from liability, since the determining factor is the narcotic drug (in any form), and not finances. Even if a citizen finds drugs, this is considered one of the types of acquisition.

In part one of Art. 228 of the Criminal Code of the Russian Federation, the term is provided for the main elements of the crime, which, according to the legal classification, is classified as serious. A person who can be accused of manufacturing, selling and other actions with drugs must be sane - this is confirmed by a special medical examination. By a court decision, the income and property of someone who commits any actions with narcotic substances and their analogues may be confiscated. For conviction under Art. 228 it is important to prove direct intent, according to which all actions were performed. Evidence may include confirmation of a preliminary agreement on the sale, manufacture or purchase of drugs, packaging items found on the suspect, the presence of drugs in a person who does not use them, and so on.

Article 228 of the Criminal Code of the Russian Federation

Part 2 Art. 228 of the Criminal Code of the Russian Federation establishes punishment for the same actions as the first part. The only difference is the size of the substance. When storing, transporting or manufacturing drugs in larger quantities, the public danger of crime increases greatly.

Article 228 part 1 of the Criminal Code of the Russian Federation

acquisition - this means not only the purchase of a prohibited drug, but also its receipt in the form of payment for work performed; an accidental discovery if it is not immediately handed over to the authorities; debt repayment; collection of plants containing prohibited substances, including wild ones;
possession - if the accused is found to have a narcotic drug, then this fact is automatically recognized as possession. The court does not take into account how long the drug was in the possession of a particular person;
transportation – this is the conscious movement of a substance using any transport and over any distance. Whether this happened on the territory of one region or several is not significant;
manufacturing specified in Article 228 of the Criminal Code of the Russian Federation, Part 1. Obtaining a drug from other non-prohibited substances by mixing them and carrying out chemical reactions. This also includes special treatment of plants that are not on the list of state-controlled plants;
processing is the process of purifying a psychotropic compound from unwanted impurities. If the chemical composition of the compound does not change, then such an action is not considered processing.

Article 228 part 3 of the Criminal Code of the Russian Federation

Precursors discovered and seized by law enforcement agencies during arrest or during investigative measures are not considered to be surrendered voluntarily. Voluntary surrender, which is taken into account by the court as a mitigating circumstance, is when the offender had a real opportunity to dispose of prohibited funds at his own discretion, but did not do so.

Article 228 of the Criminal Code of the Russian Federation

Sales of narcotic and psychotropic drugs and their analogues, committed in correctional centers, educational organizations, at sports facilities, in station buildings and airports, in public transport; as well as using the media or information and telecommunication networks (Part 2 of Article 228.1 of the Criminal Code of the Russian Federation), is punishable by:

From the analysis of the Federal Law “On Narcotic Drugs and Psychotropic Substances” and a number of other regulations (Resolution of the Government of the Russian Federation of June 30, 1998 N 681 “On approval of the list of narcotic drugs, psychotropic substances and their precursors subject to control in the Russian Federation” (ed. from 04.09.2012), Resolution of the Government of the Russian Federation dated October 8, 2012 N 1020 “On approval of large and especially large sizes of precursors of narcotic drugs or psychotropic substances, as well as large and especially large sizes for plants containing precursors of narcotic drugs or psychotropic substances, or their parts containing precursors of narcotic drugs or psychotropic substances, for the purposes of Articles 228.3, 228.4 and 229.1 of the Criminal Code of the Russian Federation", Resolution of the Government of the Russian Federation of March 21, 2011 N 181 "On the procedure for the import into and export from the Russian Federation of narcotic drugs, psychotropic substances and their precursors”, Resolution of the Government of the Russian Federation dated July 26, 2010 N 558 “On the procedure for the distribution, dispensing and sale of narcotic drugs and psychotropic substances, as well as the dispensing and sale of their precursors” (ed. dated 04.09.2012) (together with the Rules for the distribution, dispensing and sale of narcotic drugs and psychotropic substances, as well as the dispensing and sale of their precursors), Resolution of the Government of the Russian Federation of December 31, 2009 N 1148 “On the procedure for storing narcotic drugs, psychotropic substances and their precursors "(as amended on 09/04/2012) (together with the Rules for the storage of narcotic drugs, psychotropic substances and their precursors), Resolution of the Government of the Russian Federation dated 06/09/2010 N 419 “On the provision of information on activities related to the circulation of precursors of narcotic drugs and psychotropic substances, and registration of transactions related to their circulation" (as amended on December 22, 2011) (together with the Rules for the submission by legal entities and individual entrepreneurs of reports on activities related to the circulation of precursors of narcotic drugs and psychotropic substances, the Rules for maintaining and storing special logs of transactions, related to the trafficking of precursors of narcotic drugs and psychotropic substances), Order of the Federal Drug Control Service of the Russian Federation dated January 12, 2012 N 9 “On approval of the Administrative Regulations of the Federal Service of the Russian Federation for the Control of Drug Trafficking for the provision of public services for issuing conclusions on the compliance of facilities and premises in which activities related to the trafficking of narcotic drugs, psychotropic substances and precursors included in List I, and (or) cultivation of narcotic plants, established requirements for equipping these facilities and premises with engineering and technical security means” (registered in the Ministry of Justice of the Russian Federation 12. 03.2012 N 23448)) one can draw a conclusion about the legality or illegality of the circulation of these items. Precursors of narcotic drugs and psychotropic substances mean substances often used in the production, manufacture, processing of narcotic drugs and psychotropic substances, included in the List of narcotic drugs, psychotropic substances and their precursors subject to control in the Russian Federation, in accordance with the legislation of the Russian Federation, international treaties of the Russian Federation, including the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 1988 (for example, the list includes: acetic anhydride, ephedrine, phenylacetic acid, acetone, sulfuric acid, hydrochloric acid, etc.) .

Article 228 part 3 of the criminal code of the Russian Federation punishment what to expect

Statistics indicate that the probability of receiving a non-custodial sentence is above average only for the CC. 1, 2 tbsp. 228 of the Criminal Code of the Russian Federation, for other offenses the chances of receiving a suspended sentence or other punishment not related to imprisonment are low.

Article 228

Article 228 part 3 of the criminal code of the Russian Federation punishment what to expect

* This concept includes purchase, receipt in exchange for other goods and things, payment of debt, transfer as a loan or gift, appropriation of what is found, collection of wild drugs and drug-containing substances. In addition, the collection of wild drug-containing plants is considered acquisition.

Article 228 part 2 of the Criminal Code of the Russian Federation - latest amendments

The punishment depends on the size of the seized substances: a complete list of prohibited substances indicating the quantity can be found in the appendix to the Criminal Code. In this case, the article is responsible only for storage or transportation without the purpose of further sale: the sale is assessed by other laws.

How to defend yourself if accused under Article 228 of the Criminal Code of the Russian Federation

It is important to know: these volumes are not the same for different drugs. For example, a significant size of alpha-methylfentanyl would be greater than 0.0002 grams. And for heroin, the size is significant - more than 0.5 grams. The same discrepancy applies to both large and especially large sizes.

Article 228 Part 1 of the Criminal Code of the Russian Federation

It becomes obvious that thoughtless contact with narcotic substances, not provided for by law, entails serious consequences. Unfortunately, when young people acquire hallucinogenic and other psychotropic substances, they often do not realize what exactly may happen next. For those who find themselves in a similar situation, it is useful to know that Article 228 Part 1 of the Criminal Code of the Russian Federation provides for the desire of people who have come into contact with drugs to meet law enforcement officers halfway.

Article 228 part 3 of the Criminal Code of the Russian Federation provides for such type of encroachment as illegal drug trafficking, as well as precursors for their production. Such actions have a large number of manifestations in the external environment, which creates the possibility of bringing persons to justice for such an offense. The Criminal Code of the Russian Federation in this norm, as well as comments to it, explains in detail how criminal actions manifest themselves and what makes it possible to designate them as a dangerous act, and not an administrative offense.

To apply punitive measures to persons who have committed a criminal attack on public relations, it is necessary to determine the composition of such actions and establish all its mandatory elements. This condition is necessary for investigative work, since it is precisely such actions that will distinguish an administrative offense from a criminal act.

However, it is necessary to determine what a specific type of prohibited materials is. They act as substances that, as a result of processing, can produce drugs.

Several types are defined:

acting as parts of already processed drugs and psychotropic substances;
constituents of plants from which hazardous substances are formed.

Such materials are monitored, are prohibited, and their circulation is under the control of the Government of the Russian Federation, which has compiled a list of substances belonging to this group. The circulation of specific materials is provided for by Article 228.3 of the Criminal Code of the Russian Federation with the latest amendments.

The composition of any criminal act must include four mandatory elements. The absence of one of them makes it impossible to hold a person accountable.

Considering any of their elements, it is possible to formulate a composition under two articles at once, namely 228 and 228.3, since the actions of the guilty person are similar, and the difference is manifested only in the subject. It is the object that will act as the first mandatory criteria for determining the composition and application of liability measures.

This type of encroachment is characterized by such objects as public health and the moral component of society. That is, drugs and their components can cause both physical and moral harm to a person, incline him to negative actions and even provoke new acts. Only this criterion determines the circulation of hazardous substances as an event with increased danger.

Also, when considering an object, one should say about its subject, that is, about what is being committed.

Regardless of what actions are carried out by a person, in order to bring him to justice under the specified norm, it is necessary to use precursors. This criterion is also similar in nature to Art. 228, however, in order to initiate proceedings in the case, drugs must be sold directly.

It should also be said about such a criterion for the act in question as an additional object. Often, the distribution and circulation of dangerous substances, as well as drugs, entails not only a potential threat to society, but also the commission of related crimes. This, in turn, influences the qualification of the actions of the guilty person and the measures of responsibility applied to him.

The most common problem in matters of qualification is establishing the circumstances of the case. In the case of hazardous substances in general, this problem is related to the implementation and use of these substances.

Judicial practice has often encountered the difficulty of establishing the fact of storage or transportation of materials, which could affect the court verdict. The correct definition of the events that happened allows us to solve this issue.

The objective side of any attack is an action or inaction that demonstrates the manifestation of the act in the external environment.

In the case of the article under consideration, the offense is expressed only by active actions directly designated by the legislator.

Regardless of the subject of the act, the objective side will have the same manifestation if we are talking about the substances in question:

Acquisition. This includes any activities that make it possible to obtain a precursor. Acquisition is considered to be a purchase, exchange for other things and objects, receiving as a gift, appropriation of a substance, discovery, collection when the plants were not grown, and so on. Regarding the option of collecting substances, it should be remembered that if such plants were not grown deliberately, but are located on agricultural lands or in the private possessions of citizens, then this is an illegal acquisition and Article 228.3, but if the sowing was planned by the owners of the plots, then the actions will be regarded as theft.
Storage. This implies illegal possession of such substances. It is expressed either in the form of concealment of materials, or in the form of personal consumption of such preparations. The same principle applies to precursors. A person provides temporary concealment of substances or uses them personally to obtain drugs. The shelf life does not matter. The assault is considered to be ongoing and will be committed as long as necessary until the actions in question are stopped or the perpetrator appears with a confession.
Shipping. In this case, the intentional movement of the substances in question by a person is assumed. It is carried out within only one locality, otherwise the actions will be defined as forwarding. Any means that help a person transport a dangerous product can be used. Moreover, such events must violate the rules for transporting such materials.

The main condition necessary to establish any of these options is the absence of a sales goal. This is due to the fact that a separate provision of criminal law is provided for the sale of drugs and precursors.

An important criterion for the objective side is the moment of completion of the act. On this basis, compositions are classified into material and formal.

According to Art. 228, as well as 228-1 and 228.3, the second version of the composition is assumed, since the moment of the end of the criminal offense is determined by the time the offense began, the onset of negative consequences is not considered a prerequisite.

The group of elements presented above concerns the manifestation of the crime, the nature of its implementation, the methods and means that are used. Subjective elements are also required to determine the composition, but relate directly to the person who committed the crime, his psychological characteristics and intentions.

This category includes two mandatory elements: the subjective side and the subject. In the first case, a person’s attitude to what he does is considered, and in the second, a characteristic of his personality. At the same time, the criminal law provides a precise list of conditions for finding a person guilty and explains the concepts necessary for this.

Guilt is an expression of the subjective side; the absence of this sign leads to the impossibility of bringing charges.

If a person’s psychological and mental attitude to what he is doing, namely a crime, involves awareness of the danger of the actions being performed, guidance in them, as well as the desire or ignorance of negative consequences, then he can be considered guilty.

In addition, guilt often involves the concomitance of other signs:

motive, that is, the internal motivation of a person to commit a crime;
a mental disorder that does not completely exclude sanity, for example, affect.

The establishment of these signs is optional. They are optional elements.

Speaking of wine, its manifestation is also possible in different forms. They are allocated taking into account the intentions of the criminal:

Intent. This form of guilt presupposes a more severe punishment, since with this option the offender is fully aware of his actions and their social danger, directs them, and controls himself. In addition, he knows what consequences will come as a result of committing the act, and desires this. Intention can be direct or indirect. The second option does not soften the situation, but assumes that the perpetrator, although he does not want the consequences of the crime to occur, consciously allows them.
Carelessness. It also has two manifestation options. The first is frivolity. It provides that a person foresaw the negative nature of the consequences of his actions, but without sufficient grounds decided that they would not occur. The second is negligence. Here the person does not foresee a negative outcome of the crime. However, according to the prevailing circumstances, it should and could have done this.

Despite the fact that both options imply guilt, and therefore the reason for initiating a case, negligence serves as a mitigating factor; for some offenses, you can expect a suspended sentence, if not partly with the commission of crimes.

Trafficking in narcotic and psychotropic substances, as well as their precursors, always presupposes direct intent. It is impossible to commit such a crime through negligence.

As for the subject of the crime, it is general. The following conditions are implied. Firstly, only a citizen can be guilty; the organization is not the subject of a criminal case. Secondly, the person must be recognized as fully sane, since a state of passion is unacceptable here. And thirdly, you must reach the age of sixteen.

Failure to match at least one of the signs excludes the possibility of attracting a specific person as a suspect.

The presence of additional signs of a crime in the norm of criminal law affects the aggravation of punishment. The more related criteria are determined during the investigation, the more severe the measure of impact will be chosen. Such signs are established directly in the articles, by dividing them into part 1, part 2, part 3 and so on. In some cases, additional points are defined.

Speaking about the trafficking of drugs and their precursors, there are only a few options for qualifying criteria that relate to the damage caused by this type of crime:

significant damage, implying liability under the first part of the drug trafficking norm, and not established in Article 228.3;
large amount of damage enshrined in both of these articles;
especially large damage is also provided for in part three for drugs and part two for precursors.

Any crime committed under these articles is considered qualified, and this entails an increase in its severity.

The determination of the specific amount of each type of damage is carried out by the Government of the Russian Federation, as stated in the notes of the standards under consideration.

When the trafficking of narcotic drugs and their precursors is carried out simultaneously with other criminal activities, and they are not recorded in the law, as part of the objective side of a specific act, the need for additional qualification arises. That is, bringing a person to justice will already occur under two or more articles, which also increases the punishment.

The assessment of circumstances when establishing the nature of a public danger is carried out by investigative authorities.

However, judicial practice knows cases when the case is amended, including by the court, if during the proceedings new circumstances were revealed that exclude or mitigate the guilt of the accused.

Criminal law, when determining the penalties applied to those responsible for an attack, is based on the degree and nature of the severity of his actions. This leads to the classification of crimes into categories; they are derived on the basis of sanctions established by a special part of the code. The Criminal Code of the Russian Federation provides for four options: acts of minor gravity, moderate, grave and especially grave.

Trafficking in precursors is considered an act of minor gravity, however, when the subject is drugs, the offense falls under a particularly serious category.

The norms under consideration provide for several punishment options that can be applied to the guilty person:

Fine. Its size varies from two hundred to three hundred thousand when trafficking precursors, up to forty thousand when using drugs according to the first part of the article. Also used as an additional punishment under Art. 228 in the amount of five hundred thousand rubles.
Mandatory work. According to 228 the sanction reaches four hundred eighty hours, according to 228.3 up to one hundred eighty.
Correctional work. Drug-related offenses require a work period of up to two years, with only precursors used for up to one year.
Restriction of freedom. The sanction is also applied as a main and additional type of punishment. For drugs the sentence is up to three years, for precursors up to two years.
Imprisonment. Deprivation of liberty is established in both cases. However, according to Article 228.3, no more than two years are provided, which classifies the crime as of minor gravity. In the case of drug trafficking, the minimum sentence is three years and the maximum is fifteen years.

If a citizen voluntarily gives out narcotic drugs or precursors to them, he may be released from criminal liability. In addition, in practice there are examples of amnesty, parole and other mitigating measures.

Thus, the norm of the criminal law under consideration establishes responsibility for an act with increased danger, affects the interests of citizens, public health and the moral component of society.

The variety of forms of manifestation enshrined in law makes it possible to bring to justice a large number of people related to drugs and their distribution.

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