The public danger and qualification problems of illegal sale of narcotic drugs and psychotropic substances in the prisons
The article actualizes the need to study the criminal law aspects of the illegal sale of narcotic drugs and psychotropic substances in penitentiary institutions. Statistical data are presented and analyzed to illustrate the current criminal situation in the field of illicit trafficking in narcotic drugs and psychotropic substances, as well as examples from judicial practice that raise many questions. Among the criminal law problems associated with the illicit trafficking of narcotic drugs and psychotropic substances, the problems of qualifying illegal drug trafficking, as well as the peculiarities of the legal assessment of such a sale made by a penitentiary institution employee, are especially highlighted. To solve the indicated problem, the leading explanations of the highest court on this category of cases, the opinions of legal scholars are given, the theoretical and practical aspects of the topic are carefully studied. Based on the analysis, it was found that the assessment of the act of an employee of the penitentiary system, expressed in the acquisition of a narcotic drug or psychotropic substance for a convicted or imprisoned person, as aiding in the purchase of a drug without a sale purpose does not correspond to the meaning of the law, contradicts the recommendations of the Plenum of the Supreme Court of the Russian Federation has an extremely high degree of social danger, which is not typical for acquiring without a marketing objective, and also makes it possible to exempt from criminal No responsibility. At the end of the study, its results were summarized, the need to review the clarifications of the Supreme Court of the Russian Federation on this category of cases, as well as a serious revision of criminal law on liability for the illegal sale of narcotic drugs and psychotropic substances, was emphasized.