LEGAL LIABILITY FOR ILLEGAL CULTIVATION OF PLANTS CONTAINING NARCOTIC DRUGS OR PSYCHOTROPIC SUBSTANCES OR THEIR PRECURSORS
The scientific article is devoted to the analysis of legislation providing for administrative and criminal liability for the illegal cultivation of plants containing narcotic drugs or psychotropic substances or their precursors. According to the author, the norms of the legislation in force in this area are not free both from the shortcomings of legal technique and from essential shortcomings. Particular attention in the scientific article is given to problems related to: object and subject, as well as qualifying signs of illegal cultivation of drug-containing plants. A number of proposals have been made aimed at improving the current legislation in this area. According to the author, any cultivation of drug-containing plants, regardless of the size of the deed, poses a danger to public health, which should be taken into account when placing the relevant norms not only in criminal, but also in administrative legislation. The author also draws attention to the fact that, indicated in Art. 10.5.1 of the Code of Administrative Offenses of the Russian Federation and Art. 231 of the Criminal Code of the Russian Federation, the subject of the encroachment is formulated too narrowly. The danger to public health is the consumption of narcotic drugs and psychotropic substances, as well as their precursors, isolated not only from plants, but also from fungi. In addition, the legislator did not pay attention to the selfish motive of cultivating drug-containing plants, which significantly increases the public danger of the act. This circumstance should also be reflected in the further improvement of legislation in this area.