1. In accordance with the Federal Law of January 8, 1998 N 3-FZ "On Narcotic Drugs and Psychotropic Substances":

narcotic drugs include substances of synthetic or natural origin, preparations, plants 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 Single Convention on Narcotic Drugs of 1961 .;

psychotropic substances - substances of synthetic or natural origin, preparations, natural materials 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 Convention on Psychotropic Substances of 1971. ;

analogues of narcotic drugs and psychotropic substances - prohibited for circulation in Russian Federation substances of synthetic or natural origin, not included in the List of narcotic drugs, psychotropic substances and their precursors, subject to control in the Russian Federation, 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.

List of narcotic drugs and psychotropic substances whose circulation in the Russian Federation is prohibited in accordance with the legislation of the Russian Federation and international treaties of the Russian Federation (List I); List of narcotic drugs and psychotropic substances, the circulation of which in the Russian Federation is limited and in respect of which control measures are established in accordance with the legislation of the Russian Federation and international treaties of the Russian Federation (List II); List of psychotropic substances whose circulation in the Russian Federation is limited and for which the exclusion of certain control measures is allowed in accordance with the legislation of the Russian Federation and international treaties of the Russian Federation (List III); The list of precursors whose turnover in the Russian Federation is limited and for which control measures are established in accordance with the legislation of the Russian Federation and international treaties of the Russian Federation (List IV) was approved by Decree of the Government of the Russian Federation of June 30, 1998 N 681.

2. In accordance with the Decree of the Plenum of the Supreme Court of the Russian Federation of May 27, 1998 N 9 "On judicial practice on cases of crimes related to narcotic drugs, psychotropic, potent and poisonous substances, the acquisition of narcotic drugs or psychotropic substances should be considered their purchase; receipt as a means of mutual settlement for work done, service rendered or in payment of a debt, in exchange for other goods and things; appropriation of the found; collection of wild plants or their parts containing narcotic substances (including on the land plots of agricultural and other enterprises, as well as on the land plots of citizens, if these plants have not been sown or grown), the remains of crops located on unprotected fields narcotic plants after they have been harvested, etc.

Storage should be understood as any intentional actions related to the actual presence of narcotic drugs or psychotropic substances in the possession of the perpetrator (with him, if this is not related to their transportation, in a room, cache and other places).

Responsibility for storage occurs regardless of its duration. Since the law does not establish criteria for classifying narcotic drugs or psychotropic substances in illicit circulation as small, large, especially large, this issue must be decided by the court in each specific case, based on their quantity, properties, degree of impact on the human body, and other circumstances of the case. and taking into account the recommendations developed by the Standing Committee on Drug Control under the Ministry of Health of Russia. Conclusions about the amount of narcotic drugs or psychotropic substances must be motivated in the verdict (see paragraph 13 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of May 27, 1998 N 9).

Acquisition (receipt) of narcotic drugs or psychotropic substances on legal grounds, i.e. prescription and on the basis of other documents, does not entail administrative responsibility. According to paragraph 20 of the Decree of the Plenum of the Supreme Court of the Russian Federation of May 27, 1998 N 9, other documents giving the right to receive narcotic drugs or psychotropic substances include documents that are the basis for the issuance (sale) of these drugs or substances. Such documents may be a license for a certain type of activity related to the circulation of narcotic drugs and psychotropic substances, an application from a medical institution for obtaining narcotic drugs or psychotropic substances for use in medical practice, an extract from the medical history of an inpatient, a bill of lading, etc. .

New edition Art. 6.8 Administrative Code of the Russian Federation

1. Illegal acquisition, storage, transportation, manufacture, processing without the purpose of sale of narcotic drugs, psychotropic substances or their analogues, 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 means or psychotropic substances, -

shall entail the imposition of an administrative fine in the amount of four thousand to five thousand rubles or an administrative arrest for a term of up to fifteen days.

2. The same actions committed by a foreign citizen or stateless person -

shall entail the imposition of an administrative fine in the amount of four thousand to five thousand rubles with administrative expulsion from the Russian Federation or administrative arrest for a term of up to fifteen days with administrative expulsion from the Russian Federation.

Note. A person who has voluntarily surrendered narcotic drugs, psychotropic substances, their analogues or plants containing narcotic drugs or psychotropic substances, or parts thereof containing narcotic drugs or psychotropic substances acquired without the purpose of sale, shall be released from administrative responsibility for this administrative offense.

Commentary on Article 6.8 of the Code of Administrative Offenses of the Russian Federation

1. The basic aspects regarding narcotic drugs and psychotropic substances are regulated by the Federal Law of 01/08/1998 N 3-FZ (as amended on 10/25/2006) "On Narcotic Drugs and Psychotropic Substances".

Illicit trafficking in narcotic drugs, psychotropic substances and their precursors - trafficking in narcotic drugs, psychotropic substances and their precursors, carried out in violation of the legislation of the Russian Federation.

Narcotic drugs - substances of synthetic or natural origin, preparations, plants 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 Single Convention on Narcotic means of 1961.

Psychotropic substances - substances of synthetic or natural origin, drugs, natural materials 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 Convention on Psychotropic substances in 1971.

It is necessary to distinguish between the composition of administrative offenses and crimes provided for in Article 188 and Chapter 25 of the Criminal Code, as well as Resolution of the Plenum of the Supreme Court of the Russian Federation of June 15, 2006 N 14 "On judicial practice in cases of crimes related to narcotic drugs, psychotropic, potent and poisonous substances" .

Within the framework of the current legislation of the Russian Federation, the relevant types of activities are subject to licensing on the basis of the provisions of the Federal Law of 08.08.2001 N 128-FZ (as amended of 04.12.2006) "On Licensing certain types activities" and Decree of the Government of the Russian Federation of 06.14.2002 N 423 (as amended on 02.06.2004) "On approval of the Regulations on licensing activities for the cultivation of plants used for the production of narcotic drugs and psychotropic substances."

It is necessary to pay attention to the mandatory state registration of narcotic drugs and psychotropic substances used in medicine as medicines and subject to state control in accordance with the Federal Law of June 22, 1998 N 86-FZ (as amended on October 16, 2006) "On Medicines" .

Issues of control, supervisory activities in the field of illicit trafficking in narcotic drugs, psychotropic substances or their analogues are within the competence Federal Service Russian Federation (Decree of the President of the Russian Federation of July 28, 2004 N 976 (as amended on August 31, 2006) "Issues of the Federal Drug Control Service of the Russian Federation").

Police officers are obliged to carry out, in accordance with the procedure established in accordance with the legislation on administrative offenses, personal searches of citizens, searches of things they have with them, if there is sufficient evidence to believe that citizens are carrying weapons, ammunition, explosives, explosive devices, narcotic drugs or psychotropic drugs. substances (Law of the Russian Federation of April 18, 1991 N 1026-1 (as amended on July 27, 2006) "On the Police").

Issues of withdrawal from illegal circulation of narcotic drugs and psychotropic substances are regulated by Article 27.10 of the Code of Administrative Offenses (see commentary). And in cases where the transfer of a narcotic drug, psychotropic substance or their analogues is carried out during a test purchase conducted by representatives of law enforcement agencies in accordance with Federal Law No. 144-FZ of August 12, 1995 (as amended on December 2, 2005) "On operational-search activity", the deed should be qualified under part 3 of article 30 and the corresponding part of article 228.1 of the Criminal Code, since in these cases the narcotic drug or psychotropic substance is withdrawn from illicit circulation (Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 15, 2006 N 14 "On judicial practice on cases of crimes related to narcotic drugs, psychotropic, potent and poisonous substances).

2. Cases of administrative offenses are considered by authorized bodies on the basis of procedural documents (see comments to Articles 23.3 and 28.3 of the Code of Administrative Offenses).

3. The object of the offense under consideration is the health of citizens, as well as the established procedure for the circulation of narcotic drugs, psychotropic substances and their analogues.

The objective side of the offense is illegal actions expressed in the illegal acquisition of narcotic drugs or psychotropic substances or their storage.

The subject of the offense are individuals who have reached the age of sixteen.

The subjective side of the act is expressed in the form of direct intent.

Another commentary on Art. 6.8 of the Code of the Russian Federation on Administrative Offenses

1. The Federal Law of January 8, 1998 "On Narcotic Drugs and Psychotropic Substances" established the legal framework for state policy in the sphere of trafficking in narcotic drugs, psychotropic substances and in the field of combating their illicit trafficking in order to protect the health of citizens, state and public security.

Narcotic drugs are substances of plant or synthetic origin, which, when consumed, have an intoxicating effect or cause euphoria. Psychotropic substances are substances that affect the psyche and motivation of human behavior and are usually used in the treatment of mental patients. Analogues of narcotic drugs and psychotropic substances are substances of synthetic or natural origin prohibited for circulation in the Russian Federation, the chemical structure and properties of which are similar to the chemical structure and properties of narcotic drugs and psychotropic substances, and having the same psychoactive effect.

The list of narcotic drugs or psychotropic substances subject to control in the Russian Federation is approved by the Government of the Russian Federation in accordance with the current legislation of the Russian Federation and international treaties. In accordance with Article 25 of the Federal Law of January 8, 1998 "On Narcotic Drugs and Psychotropic Substances", the sale of narcotic drugs and psychotropic substances to individuals is carried out according to a prescription issued on a special form, and only in pharmacies and health care institutions that have a license for the specified activity.

2. The object of the offense under consideration is the health of citizens, as well as the established procedure for the circulation of narcotic drugs, psychotropic substances and their analogues.

3. The objective side of the offense is expressed in the following illegal actions:

the acquisition of narcotic drugs or psychotropic substances in violation of the current procedure, determined by the rules of law. The method of illegal acquisition of narcotic drugs and psychotropic substances and their analogues in accordance with the decision of the Plenum of the Supreme Court of the Russian Federation of April 27, 1993 "On judicial practice in cases of crimes related to narcotic drugs, potent and poisonous substances" should be considered the purchase, receipt of exchange for other goods and things, on loan or as a gift, in payment of a debt, appropriation of what is found, collection of wild-growing hemp and poppy or their parts, as well as the remains of unprotected crops of drug-containing plants after their harvesting, etc.;

possession - any intentional actions related to the presence of narcotic drugs, psychotropic substances and their analogues in the possession of the perpetrator: with him, indoors, in a cache and other places. In this case, liability arises regardless of the duration of storage. When qualifying this unlawful act, it should be taken into account that the commented composition involves the commission of the above unlawful acts without the purpose of sale.

4. An individual who has reached the age of sixteen is recognized as the subject of an offense.

5. From the subjective side, the considered offense is characterized by intent.

6. The note to the article provides for the possibility of exemption from administrative liability (despite the presence of an offense) of a person who voluntarily surrendered narcotic drugs and psychotropic substances, as well as their analogues, acquired without the purpose of sale.

›

(name as amended, entered into force on December 11, 2003 by the Federal Law of December 8, 2003 N 161-FZ; supplemented from November 18, 2010 by the Federal Law of May 19, 2010 N 87-FZ
1. Illegal acquisition, storage, transportation, manufacture, processing without the purpose of sale of narcotic drugs, psychotropic substances or their analogues, 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 (paragraph as amended by Federal Law of December 8, 2003 N 161-FZ; supplemented on November 18, 2010 by Federal Law of May 19, 2010 N 87-FZ; as amended by put into effect on January 11, 2011 by the Federal Law of December 28, 2010 N 417-FZ, -
shall entail the imposition of an administrative fine in the amount of four thousand to five thousand rubles or administrative arrest for up to fifteen days. 2007 Federal Law No. 116-FZ of June 22, 2007; as amended by Federal Law No. 87-FZ of May 19, 2010; as amended by Federal Law No. 87-FZ of May 19, 2011 dated December 28, 2010 N 417-FZ.

2. The same actions committed by a foreign citizen or stateless person -
shall entail the imposition of an administrative fine in the amount of four thousand to five thousand rubles with administrative expulsion from the Russian Federation or administrative arrest for a term of up to fifteen days with administrative expulsion from the Russian Federation.

(The part is additionally included from January 11, 2011 by the Federal Law of December 28, 2010 N 417-FZ)
Note. A person who voluntarily surrenders narcotic drugs, psychotropic substances, their analogues or plants containing narcotic drugs or psychotropic substances, or parts thereof containing narcotic drugs or psychotropic substances, acquired without the intent to sell, shall be exempted from administrative liability for this administrative offense. put into effect on November 18, 2010 by the Federal Law of May 19, 2010 N 87-FZ.

Commentary on Article 6.8 of the Code of Administrative Offenses of the Russian Federation

It is necessary to distinguish between the composition of administrative offenses and crimes provided for in Article 188 and Chapter 25 of the Criminal Code of the Russian Federation, as well as Resolution of the Plenum of the Supreme Court of the Russian Federation of June 15, 2006 N 14 "On judicial practice in cases of crimes related to narcotic drugs, psychotropic, potent and poisonous substances ".

Within the framework of the current legislation of the Russian Federation, the relevant types of activities are subject to licensing on the basis of the provisions of the Federal Law of 08.08.2001 N 128-FZ (as amended on 04.12.2006) "On licensing certain types of activities" and Decree of the Government of the Russian Federation of 14.06.2002 N 423 (as amended dated 06.02.2004) "On Approval of the Regulation on Licensing the Cultivation of Plants Used for the Production of Narcotic Drugs and Psychotropic Substances".

Issues of control, supervisory activities in the field of illicit trafficking in narcotic drugs, psychotropic substances or their analogues are within the competence of the Federal Service of the Russian Federation (Decree of the President of the Russian Federation of July 28, 2004 N 976 (as amended of August 31, 2006) "Issues of the Federal Service of the Russian Federation on drug control").

Issues of withdrawal from illegal circulation of narcotic drugs and psychotropic substances are regulated by Article 27.10 of the Code of Administrative Offenses of the Russian Federation (see commentary). And in cases where the transfer of a narcotic drug, psychotropic substance or their analogues is carried out during a test purchase conducted by representatives of law enforcement agencies in accordance with Federal Law No. 144-FZ of August 12, 1995 (as amended on December 2, 2005) "On operational-search activity", the deed should be qualified under part 3 of article 30 and the corresponding part of article 228.1 of the Criminal Code of the Russian Federation, since in these cases the narcotic drug or psychotropic substance is withdrawn from illicit circulation (Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 15, 2006 N 14 "On judicial practice in cases of crimes related to narcotic drugs, psychotropic, potent and poisonous substances).

2. Cases of administrative offenses are considered by authorized bodies on the basis of procedural documents (see comments to Articles 23.3 and 28.3 of the Code of Administrative Offenses of the Russian Federation).

3. The object of the offense under consideration is the health of citizens, as well as the established procedure for the circulation of narcotic drugs, psychotropic substances and their analogues.

The objective side of the offense is illegal actions expressed in the illegal acquisition of narcotic drugs or psychotropic substances or their storage.

The subject of the offense are individuals who have reached the age of sixteen.

The subjective side of the act is expressed in the form of direct intent.

Another commentary on Article 6.8 of the Code of Administrative Offenses of the Russian Federation

1. In accordance with the Federal Law of January 8, 1998 N 3-FZ "On Narcotic Drugs and Psychotropic Substances":

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

2. In accordance with the Decree of the Plenum of the Supreme Court of the Russian Federation of May 27, 1998 N 9 "On judicial practice in cases of crimes related to narcotic drugs, psychotropic, potent and poisonous substances", the acquisition of narcotic drugs or psychotropic substances should be considered their purchase; receipt as a means of mutual settlement for the work done, the service rendered or in payment of a debt, in exchange for other goods and things; assignment of the found; collection of wild plants or their parts containing narcotic substances (including on the land plots of agricultural and other enterprises, as well as on the land plots of citizens, if these plants have not been sown or grown), the remains of the unprotected fields of crops of drug-containing plants after their completion cleaning, etc.

Acquisition (receipt) of narcotic drugs or psychotropic substances on legal grounds, i.e. prescription and on the basis of other documents does not entail administrative liability. According to paragraph 20 of the Decree of the Plenum of the Supreme Court of the Russian Federation of May 27, 1998 N 9, other documents giving the right to receive narcotic drugs or psychotropic substances include documents that are the basis for the issuance (sale) of these drugs or substances. Such documents may be a license for a certain type of activity related to the circulation of narcotic drugs and psychotropic substances, an application from a medical institution for obtaining narcotic drugs or psychotropic substances for use in medical practice, an extract from the medical history of an inpatient, a bill of lading, etc. .

3. The illegality of the acquisition or storage without the purpose of sale of narcotic drugs or psychotropic substances, as well as the circulation of their analogues, should be understood as a violation of the procedure for the circulation of narcotic drugs established by Federal Law of January 8, 1998 N 3-ФЗ "On Narcotic Drugs and Psychotropic Substances", psychotropic substances and their precursors. To the composition of the administrative offense provided for by the commented article of the Code of Administrative Offenses, include only certain types of drug trafficking that do not pose a significant public danger. Illegal acquisition or storage without the purpose of selling narcotic drugs or psychotropic substances on a large scale is qualified as a crime (part 1 of article 228 of the Criminal Code). When referring to small, large and extra large amounts of narcotic drugs and psychotropic substances, it is necessary to be guided by the conclusions of the Standing Committee on Drug Control under the Ministry of Health of Russia, as well as the data of experts.

The order of drug trafficking is a set of methods of state regulation, non-compliance with which may result in administrative or criminal sanctions.

4. In accordance with paragraph 1 of Art. 17 of the Federal Law of August 8, 2001 N 128-FZ "On Licensing Certain Types of Activities" activities related to the circulation of narcotic drugs and psychotropic substances (development, production, manufacture, processing, storage, transportation, release, sale, distribution, acquisition , use, destruction), included in List II in accordance with the Federal Law "On Narcotic Drugs and Psychotropic Substances", as well as activities related to the circulation of psychotropic substances (development, production, manufacture, processing, storage, transportation, release, sale, distribution, acquisition, use, destruction) included in List III in accordance with the Federal Law "On Narcotic Drugs and Psychotropic Substances" is subject to licensing on the basis of the said Federal Law.

Storage of narcotic drugs and psychotropic substances (a private type of their turnover) by a legal entity not endowed with the status of a licensee is considered as illegal storage and is qualified as this administrative offense.

5. The harm caused to human health is due to the specifics of the production of narcotic drugs, the dose and environment of their consumption, individual characteristics organism, addictive capacity, toxicity of their impact.

The list of narcotic drugs is determined by the Standing Committee on Drug Control under the Ministry of Health of Russia, which, in its recommendations, determines the amount of narcotic drugs purchased or stored.

6. The note to the commented article provides for the practice of exemption from administrative liability, which is rarely used in the Code of Administrative Offenses, despite the presence of an administrative offense. Such a possibility is allowed in the case of voluntary delivery by the offender of narcotic drugs or psychotropic substances acquired without the purpose of sale, as well as their analogues.

7. See note to paragraph 5 of the commentary to art. 5.1.

According to paragraph 1 of the Decree of the President of the Russian Federation of March 11, 2003 N 306, the implementation of measures to combat the illegal circulation of narcotic drugs, psychotropic substances and their precursors is assigned to the State Drug Control of Russia.

Cases of administrative offenses provided for in the commented article are considered by magistrates (cf. part 1 and paragraph 4, part 3, article 23.1 of the Code of Administrative Offenses).

ST 6.8 of the Code of Administrative Offenses of the Russian Federation Illicit trafficking in narcotic drugs, psychotropic substances or their analogues and illegal acquisition, storage, transportation of plants containing narcotic drugs or psychotropic substances, or their parts containing narcotic drugs or psychotropic substances

shall entail the imposition of an administrative fine in the amount of four thousand to five thousand rubles or an administrative arrest for a term of up to fifteen days.

2. The same actions committed by a foreign citizen or stateless person -

Commentary on Art. 6.8 of the Code of Administrative Offenses of the Russian Federation

1. The norms of this article are aimed at providing administrative measures for the prevention and suppression of drug addiction, as well as control in the sphere of circulation of narcotic drugs and psychotropic substances. Relations in this field of activity are regulated by the UN Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 1988, the Single Convention on Narcotic Drugs of 1961, the Convention on Psychotropic Substances of 1971, adopted in accordance with these regulatory legal acts, the Law on Narcotic Drugs and Psychotropic Substances substances and other normative legal acts of the Russian Federation.

The object of the administrative offense provided for in the commented article is the health of the population. The subject of unlawful encroachment are:

Narcotic drugs - substances of synthetic or natural origin, drugs 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 Single Convention on Narcotic Drugs of 1961;

Psychotropic substances - substances of synthetic or natural origin, preparations, natural materials 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 Convention on Psychotropic Substances 1971 of the year;

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

Plants containing narcotic drugs or psychotropic substances or their precursors - plants from which narcotic drugs, psychotropic substances or their precursors can be obtained and which are included in the List of plants containing narcotic drugs or psychotropic substances or their precursors and subject to control in the Russian Federation (see Law on Narcotic Drugs and Psychotropic Substances).

Narcotic drugs, psychotropic substances and their precursors (on the concept of precursors, see the commentary to Article 6.16.1 of the Code of Administrative Offenses of the Russian Federation) are included in the List of narcotic drugs, psychotropic substances and their precursors subject to control in the Russian Federation, approved by the Decree of the Government of the Russian Federation of 06/30/1998 N 681, and depending on the control measures applied by the state, they are included in the following lists:

List of narcotic drugs, psychotropic substances and their precursors, the circulation of which is prohibited in the Russian Federation in accordance with the legislation of the Russian Federation and international treaties of the Russian Federation (List I);

List of narcotic drugs and psychotropic substances, the circulation of which in the Russian Federation is limited and for which control measures are established in accordance with the legislation of the Russian Federation and international treaties of the Russian Federation (List II);

List of psychotropic substances whose circulation in the Russian Federation is limited and for which the exclusion of certain control measures is allowed in accordance with the legislation of the Russian Federation and international treaties of the Russian Federation (List III);

The list of precursors whose circulation in the Russian Federation is limited and for which control measures are established in accordance with the legislation of the Russian Federation and international treaties of the Russian Federation (List IV), consisting of three tables:

table I of precursors, the circulation of which in the Russian Federation is limited and for which special control measures are established;

table II of precursors, the circulation of which in the Russian Federation is limited and for which general control measures are established;

Table III of precursors, the circulation of which in the Russian Federation is limited and for which the exclusion of certain control measures is allowed.

In the Russian Federation, there is a state monopoly on the cultivation of narcotic plants for use in scientific, educational purposes and in expert activities, as well as the following activities related to the circulation of narcotic drugs, psychotropic substances and their precursors:

Development of narcotic drugs and psychotropic substances, as well as precursors of Schedule I narcotic drugs and psychotropic substances;

Distribution of narcotic drugs and psychotropic substances included in Schedules I and II;

Destruction of narcotic drugs and psychotropic substances included in Schedules I and II, precursors included in Schedule I, as well as psychotropic substances confiscated or withdrawn from illicit circulation included in Schedule III;

Production of narcotic drugs, psychotropic substances and precursors listed in Schedule I for the purpose of manufacturing analytical samples, as well as narcotic drugs and psychotropic substances listed in Schedule II;

Production of analytical samples of narcotic drugs, psychotropic substances and precursors included in Schedule I, as well as narcotic drugs and psychotropic substances included in Schedule II;

Processing of narcotic drugs, psychotropic substances and precursors included in Schedule I (with the exception of the processing of psychotropic substances included in Schedule III carried out by legal entities, regardless of their form of ownership, in order to obtain substances that are not psychotropic substances on their basis);

Import (export) of narcotic drugs and psychotropic substances included in Schedules I and II (except for the export of narcotic drugs and psychotropic substances carried out in accordance with paragraph 8.1 of Article 28 of the Law on Narcotic Drugs and Psychotropic Substances);

Import (export) of precursors included in Schedule I and Table I of Schedule IV.

The acquisition of these drugs, psychotropic substances and precursors included in Schedule I for production, manufacture, processing, sale and use, including for medical and other purposes, is carried out only by legal entities (Article 24 of the Law on Narcotic Drugs and Psychotropic Substances).

Storage of narcotic drugs, psychotropic substances and precursors included in List I is carried out by legal entities in the manner established by the Government of the Russian Federation, in specially equipped premises with a license for the specified type of activity (Article 20 of the Law on Narcotic Drugs and Psychotropic Substances).

2. The objective side of this offense is illegal (performed in violation of the established procedure) actions for the acquisition, storage, transportation, manufacture, processing without the purpose of selling narcotic drugs, psychotropic substances or their analogues, as well as illegal acquisition, storage, transportation without the purpose of selling plants containing narcotic drugs or psychotropic substances, or parts thereof containing narcotic drugs or psychotropic substances. The definitions of these concepts are contained in the Decree of the Plenum of the Supreme Court of the Russian Federation of June 15, 2006 N 14 "On judicial practice in cases of crimes related to narcotic drugs, psychotropic, potent and poisonous substances."

Illegal acquisition of narcotic drugs, psychotropic substances, their analogues, plants containing narcotic drugs or psychotropic substances, or parts thereof containing narcotic drugs or psychotropic substances, shall be considered their receipt by any means, including purchase, receiving as a gift, as well as in as a means of mutual settlement for the work done, the service rendered or in payment of a debt, in exchange for other goods and things, the appropriation of the found, the collection of wild plants or their parts included in the List of narcotic drugs, psychotropic substances and their precursors, subject to control in the Russian Federation ( including on the lands of agricultural and other enterprises, as well as on the land plots of citizens, if these plants have not been sown or grown), collection of residues located in unprotected fields, crops of these plants after they have been harvested.

Illegal possession of narcotic drugs, psychotropic substances, their analogues, plants containing narcotic drugs or psychotropic substances, or parts thereof containing narcotic drugs or psychotropic substances, should be understood as the actions of a person related to the illegal possession of these drugs or substances, including for personal consumption (keeping with oneself, indoors, hiding places and other places). In this case, it does not matter for how long a person has illegally kept a narcotic drug, a psychotropic substance or their analogues, a plant containing narcotic drugs or psychotropic substances, or parts thereof containing narcotic drugs or psychotropic substances. In other words, this is the actual possession of these items by a person who does not have the right to do so, regardless of their location and length of storage time. Responsibility for storage must also be borne by the person who has accepted the said items for storage from another person.

Manufacture of narcotic drugs, psychotropic substances - actions, as a result of which, on the basis of narcotic drugs, psychotropic substances or their precursors, ready-to-use and consumption forms of narcotic drugs, psychotropic substances or medicines containing them are obtained. Illicit drugs are most often made by processing them from natural raw materials or by combining a number of substances by any means.

Illicit transportation of narcotic drugs, psychotropic substances, their analogues, plants containing narcotic drugs or psychotropic substances, or their parts containing narcotic drugs or psychotropic substances, consists in their movement from one place to another, including within the same locality committed using any mode of transport or any object used in the form of a means of transport, as well as in violation of the general procedure for the transportation of these means and substances, established by Art. 21 of the Law on Narcotic Drugs and Psychotropic Substances. At the same time, it should be borne in mind that illegal transportation of narcotic drugs, psychotropic substances or their analogues, plants containing narcotic drugs or psychotropic substances, or parts thereof containing narcotic drugs or psychotropic substances, can be carried out with their concealment, including in specially equipped hiding places in vehicle, luggage, clothing, as well as in the cavities of the body of a person or animal, etc. Transportation can be carried out not only by the owners of the listed items, but also by other persons who have received them for temporary storage.

Under the illegal sale of narcotic drugs, psychotropic substances or their analogues, plants containing narcotic drugs or psychotropic substances, or their parts containing narcotic drugs or psychotropic substances, one should understand any methods of their paid or gratuitous transfer to other persons (sale, donation, exchange, payment of a debt, lending, etc.), as well as other methods of implementation, for example, by injection. At the same time, the injection of a narcotic drug or psychotropic substance by one person to another person cannot be qualified as illegal sale, if the specified drug or substance belongs to the consumer himself and the injection is administered at his request or is jointly acquired by the consumer and the person making the injection for joint consumption, or narcotic the drug or psychotropic substance is administered in accordance with medical indications.

3. An essential condition for distinguishing the qualifications of an administrative offense under Art. 6.8 of the Code of Administrative Offenses of the Russian Federation, from a criminal act under Art. 228 of the Criminal Code of the Russian Federation, is the size of narcotic drugs, psychotropic substances or their analogues, plants containing narcotic drugs or psychotropic substances, or parts thereof containing narcotic drugs or psychotropic substances. To qualify the acts under Art. 6.8 of the Code of Administrative Offenses of the Russian Federation, the amount of these funds and substances must be less than significant, since the commission of unlawful acts, the subject of which are these funds and substances in a significant, large and especially large amount, entails the application of criminal liability under Art. 228 of the Criminal Code of the Russian Federation.

When deciding whether there is a significant, major or special large sizes narcotic drugs, psychotropic substances or their analogues, plants containing narcotic drugs or psychotropic substances, or parts thereof containing narcotic drugs or psychotropic substances, should be based on the sizes established in Decree of the Government of the Russian Federation of 01.10.2012 N 1002 "On the approval of a significant , large and extra large sizes of narcotic drugs and psychotropic substances, as well as significant, large and extra large sizes for plants containing narcotic drugs or psychotropic substances, or parts thereof containing narcotic drugs or psychotropic substances, for the purposes of Articles 228, 228.1, 229 and 229.1 of the Criminal Code of the Russian Federation".

4. From the subjective side, this offense can only be committed intentionally. The perpetrator is aware that he is carrying out unlawful actions, foresees their harmful consequences and desires the onset of such consequences or knowingly allows them or treats them indifferently.

5. The subject of the offense is a sane individual who has reached the age of 16 (part 1 of the commented article), as well as foreign citizen or a stateless person (part 2 of the commented article) (see commentary to articles 1.4, 2.6 of the Code of Administrative Offenses of the Russian Federation).

6. The norm of the note on the release from administrative responsibility of a person who voluntarily handed over narcotic drugs or psychotropic substances complies with the provisions of paragraphs. "c" paragraph 4 of Art. 3 of the UN Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 1988, which provides for cases of application of measures of re-education or social reintegration in case of insignificance of the offense.

The voluntary surrender of the items listed in the note means the issuance of them by the person to the authorities if there is a real opportunity to dispose of them in another way. The mere intention of a person to hand over these items does not relieve the person from administrative liability for illegal actions.

Withdrawal from illegal circulation of narcotic drugs or psychotropic substances is carried out in accordance with Art. 27.10 of the Code of Administrative Offenses of the Russian Federation and the Instruction on the procedure for the withdrawal from illegal circulation of narcotic drugs, psychotropic substances and their precursors, tools and equipment under special control and used for the production and manufacture of narcotic drugs and psychotropic substances, as well as their accounting, storage, transfer, use and destruction, approved by the Order of the Ministry of Internal Affairs of Russia, the Ministry of Justice of Russia, the Ministry of Health of Russia, the Ministry of Economy of Russia, the State Customs Committee of Russia, the Federal Security Service of Russia, the Federal Border Guard Service of Russia dated November 9, 1999 N 840/320/388/472/726/530/585.

7. Cases of administrative offenses are considered by judges (part 1 of article 23.1 of the Code of Administrative Offenses of the Russian Federation).

8. Protocols on these offenses are drawn up by officials of the internal affairs bodies (police) (clause 1, part 2, article 28.3 of the Code of Administrative Offenses of the Russian Federation) and bodies for controlling the circulation of narcotic drugs and psychotropic substances (clause 83, part 2, article 28.3 of the Code of Administrative Offenses RF).

Do you think you are Russian? Born in the USSR and think that you are Russian, Ukrainian, Belarusian? No. This is wrong.

You are actually Russian, Ukrainian or Belarusian. But you think you are a Jew.

Game? Wrong word. Right word"imprinting".

A newborn associates himself with those facial features that he observes immediately after birth. This natural mechanism is characteristic of most living beings with vision.

Newborns in the USSR for the first few days saw their mother for a minimum of feeding time, and most of the time they saw the faces of the maternity hospital staff. By a strange coincidence, they were (and still are) mostly Jewish. Reception is wild in its essence and effectiveness.

All your childhood you wondered why you live surrounded by non-native people. Rare Jews on your path could do anything with you, because you were drawn to them, while others were repelled. Yes, even now they can.

You cannot fix this - imprinting is one-time and for life. It is difficult to understand, the instinct took shape when you were still very far from being able to formulate. From that moment, no words or details have been preserved. Only facial features remained in the depths of memory. Those traits that you consider your family.

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System and Observer

Let us define a system as an object whose existence is not in doubt.

An observer of a system is an object that is not a part of the system it observes, that is, it determines its existence, including through factors independent of the system.

From the point of view of the system, the observer is a source of chaos - both control actions and the consequences of observational measurements that do not have a causal relationship with the system.

An internal observer is a potentially achievable object for the system in relation to which the inversion of the observation and control channels is possible.

An external observer is even an object potentially unattainable for the system, located beyond the event horizon of the system (spatial and temporal).

Hypothesis #1. All-seeing eye

Let's assume that our universe is a system and it has an external observer. Then observational measurements can take place, for example, with the help of "gravitational radiation" penetrating the universe from all sides from the outside. The capture cross section of "gravitational radiation" is proportional to the mass of the object, and the projection of the "shadow" from this capture onto another object is perceived as an attractive force. It will be proportional to the product of the masses of objects and inversely proportional to the distance between them, which determines the density of the "shadow".

The capture of "gravitational radiation" by an object increases its randomness and is perceived by us as a passage of time. An object that is opaque to "gravitational radiation", the capture cross section of which is larger than the geometric size, looks like a black hole inside the universe.

Hypothesis #2. Internal Observer

It is possible that our universe is watching itself. For example, using pairs of quantum entangled particles spaced apart in space as standards. Then the space between them is saturated with the probability of the existence of the process that generated these particles, which reaches its maximum density at the intersection of the trajectories of these particles. The existence of these particles also means the absence of a sufficiently large capture cross section on the trajectories of objects capable of absorbing these particles. The remaining assumptions remain the same as for the first hypothesis, except:

Time flow

External observation of an object approaching the event horizon of a black hole, if the “outside observer” is the determining factor of time in the universe, will slow down exactly twice - the shadow from the black hole will block exactly half of the possible trajectories of “gravitational radiation”. If the determining factor is the "internal observer", then the shadow will block the entire trajectory of interaction and the flow of time for an object falling into a black hole will completely stop for a view from the outside.

Also, the possibility of combining these hypotheses in one proportion or another is not excluded.

Commentary on Article 6.8 of the Code of Administrative Offenses of the Russian Federation

Another commentary on Art. 6.8 of the Code of the Russian Federation on Administrative Offenses

Commentary on Article 6.8 of the Code of Administrative Offenses of the Russian Federation

Another commentary on Article 6.8 of the Code of Administrative Offenses of the Russian Federation

Commentary on Art. 6.8 of the Code of Administrative Offenses of the Russian Federation

System and Observer

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