PROBLEMS OF QUALIFICATION OF VIOLATIONS OF THE RULES FOR THE TURNOVER OF NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES (ARTICLE 228.2 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION) RELATED TO THE DEFINITION OF AN ACT
In the article, the author considers the issue of determining the act as a sign of the objective side of violation of the rules for the turnover of narcotic drugs and psychotropic substances (Article 228.2 of the Criminal Code of the Russian Federation). The relevance of the study of the topic is confirmed by the lack of a comprehensive study of the issue in criminal science over the past 10 years, taking into account the fact that the regulatory framework in the studied areahas undergone major changes during this time. The conflict of existing regulatory legal acts on the issue under consideration is a serious obstacle to the work of the law enforcer. The subject of this study is the legal relationship arising from the qualification of a violation of the rules for the turnover of narcotic drugs and psychotropic substances on the basis of an act. The author sets the goal to study the norms that enshrine the concepts of acts listed in the disposition of Article 228.2 of the Criminal Code of the Russian Federation, as well as examples from judicial practice in order to develop a scientifically sound position and recommendations for improving the legislation in this area and law enforcement practice. The methodological basis of the work was compiled by general scientific and private scientific research methods: analysis, synthesis, deduction, induction, systemic, formal-legal, logical methods. The author’s position is presented regarding the current regulatory regulation of the rules for the turnover of narcotic drugs and psychotropic substances in terms of the legislative definition of the acts listed in Article 228.2 of the Criminal Code. The main problems on the application of the provisions in relation to each act individually are highlighted. A reasoned point of view is expressed about the conflict of existing regulatory legal acts in the framework of the analyzed area, about numerous gaps in the existing regulatory framework. Based on the presented, the conclusion is drawn that it is necessary to combine all the rules into one appendix to the Federal Law “On Narcotic Drugs and Psychotropic Substances”.