Статья: Влияние разъяснений Пленума Верховного Суда Российской Федерации на наказуемость сбыта наркотических средств

Внимание! Если размещение файла нарушает Ваши авторские права, то обязательно сообщите нам

The article deals with the changes in the punishability of drug sales, which occurred under the influence of explanations of the Plenum of the Supreme Court of the Russian Federation. The author highlights the circumstances that are important for establishing the stage of unfinished sales, the recognition of sales as a finished crime. All this led to the conclusion that the interpretation of sales given by the Supreme Court of the Russian Federation has changed the design of the objective side of sales of drugs and should determine its composition as truncated. This interpretation of the sale of drugs is a reaction to the change in the current criminal drug situation and is an attempt to solve the problems of law enforcement. The fact is that currently the so-called “contact sales” in practice is quite rare. The article shows how the maximum limits of punishability of various actions aimed at the spread of drugs have changed. In fact, the broad interpretation has increased the maximum penalties for the sale of narcotic drugs. According to the author, this situation violates the principle of legality -- the punishability of the act can not be determined by the explanations of the Supreme Court.

Keywords: punishability; drugs; sale; end of the crime; interpretation of the criminal law.