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On Qualification of Crimes Related to Illicit Trafficking in Narcotic Drugs and Psychotropic Substances



A.V. Kryukov
krukovanton293@gmail.com
Senior Lecturer, the Department of Criminal Law, Saint-Petersburg University of Ministry of Internal Affairs, a retired judge
St. Petersburg

Keywords:

  • criminal liability
  • narcotic drugs
  • psychotropic substances
  • illegal acquisition and storage
  • trafficker
  • intermediary
  • drug smuggling
  • sales provocation
  • The article discusses specific features of the qualification of crimes related to illicit trafficking in narcotic drugs and psychotropic substances. Based on his personal experience in the police, the prosecutor's office, and the court, the author describes various situations that cause troubles in legal qualification under articles 228 and 2281 of the Criminal Code of the Russian Federation, such as illegal acquisition, storage, transportation, manufacture, processing of narcotic drugs and their analogues, or as illegal production, sale or shipment of narcotic drugs and the analogues thereof. The author also presents the most typical narcotic drug marketing methods and sale of psychotropic substances widely used at present. In addition, the article examines the issues of evaluating law enforcement officers’ actions which may be qualified as a provocation in drug sales, as well matters related to assessing relevant crime o depending on the nature of drug packaging and its mass.

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