PROBLEMS OF QUALIFICATION OF CRIMES UNDER ARTICLE 228.1 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION

Abstract

the article analyzes the problems that arise in the qualification of crimes that provide for criminal liability for the illegal production, transfer or sale of psychotropic and narcotic drugs, their analogues, as well as illegal transfer or sale of plants that contain narcotic substances, or parts thereof containing psychotropic or narcotic substances. The article will define "without the purpose of sales" and propose effective measures to combat illicit trafficking in narcotic and psychotropic substances, narcotic plants or their parts without their further sale. According to the author, the incorrect interpretation of the characteristics of the objective and subjective side in the illicit trafficking of narcotic and psychotropic substances without the purpose of sale will affect the qualification of the crime under Art. 228 of the criminal code.