THE PROBLEMS OF LIABILITY FOR INDUCEMENT IN THE DRUG, PSYCHOTROPIC SUBSTANCES OR THEIR ANALOGUES USE, AS WELL AS FOR THEIR USE
This article reflects the theoretical and legal liability issues for the drug, psychotropic substances and their analogues use as well as for inducement in their use. Inducement in the drug, psychotropic substances and their analogues use in Russia is criminal misbehaviour posing a threat to the society. This type of behaviour is a criminally punishable act (Article 230 of Criminal Code of the RF). However, the mentioned elements are almost not working due to weak involvement of their protective, precautionary and punitive potential into the mechanism of counteraction to drug traffic and drug use. The use of drugs and its adverse effects is a criminal factor not only because of its connection with drug traffic but a drug addict is a public enemy. The authors of the article hold the line between the nature of the illegality of the first-time use of drugs and the state of addiction accompaning by secondary (repeatedly) drug abuse for «prettifying» physical and mental «sufferings». Therefore, the attitude toward drug use and definition of responsibility for illegality in the sphere of drug trafficking, including systematic drug abuse, and inducement in the drug use is suggested to build at another evaluative and legal basis. It is proposed to separate some provisions on liability for inducement of minors in the drug use in the article 2301 of the Criminal Code in the independent article differentiated it according to the age and degree of implementation of the criminal intention.