Law of March 1, 2012 No. 18-FZ, significant changes were made to Articles 228, 228.1, 229 and 229.1 of the Criminal Code of the Russian Federation. These changes to the Criminal Code of the Russian Federation will come into force on January 1, 2013. The legal meaning of the changes is that from January 1, 2013, criminal liability for crimes 228, 228.1, 229 and 229.1 of the Criminal Code of the Russian Federation will be more strictly differentiated compared to current standards, namely, there will be a division into significant, large and especially large amounts of narcotic drugs and psychotropic substances. Many people convicted under these articles of the Criminal Code of the Russian Federation were eagerly awaiting the release of a table of drug sizes and the criteria for dividing them into significant, large and especially large sizes. And so, in the fall of 2012, Decree of the Government of the Russian Federation of October 1, 2012 N 1002 “On approval of significant, large and especially large sizes of narcotic drugs and psychotropic substances, as well as significant, large and especially large sizes for plants containing narcotic drugs” was published drugs or psychotropic substances, or parts thereof containing narcotic drugs or psychotropic substances, for the purposes of Articles 228, 228.1, 229 and 229.1 of the Criminal Code of the Russian Federation.” The resolution comes into force on January 1, 2013.
Now any lawyer can compare the amounts that are in effect now and those that will be in effect from January 1, 2013. If the responsibility for a previously committed crime is mitigated, then it will be possible to file a petition with the court to commute the punishment or decriminalize it. I note that the first study of the Resolution shows that the large size of drugs for almost all common drugs is equal to the current large size. Those. Not all convicts will be able to hope for a reduced sentence. The main difference is that the so-called “significant size” has been introduced, and if the drug seized after March 1, 2013 weighs less than the specified size, the suspect will be able to avoid criminal liability. It is also possible to commute the sentence for those already convicted before 2013 if the drug is on list No. 1 and at the time of arrest it was in a solution or mixture, since now the solution will need to be evaporated to a constant mass at a temperature of +70 to +110 degrees Celsius. Before the adoption of this resolution, the entire mixture (solution) was considered a drug. Along with the narcotic drugs marijuana and cannabis that existed in the old list, hemp (plants of the cannabis genus) was also added to the list, which was not previously on the list. Even now, investigators are having difficulty distinguishing between marijuana and cannabis, which are the same thing, but apparently after 2013 the situation will become more complicated because investigators will have to distinguish between hemp and marijuana, which both belong to the cannabis family.
, the Table of significant, large and especially large amounts of narcotic drugs dated October 1, 2012
is available for review and download If you need legal advice on drug cases under Articles 228, 228-1 of the Criminal Code of the Russian Federation or assistance in writing a petition for mitigation of punishment
, then you can contact a lawyer in Togliatti Sibalakov Alexey Gennadievich at the following phones: 89276103047, 8 (8482) 701-583.
Documents Statistics on documents and execution of orders
GOVERNMENT OF THE RUSSIAN FEDERATION
RESOLUTION
dated October 15, 2022 No. 1752
MOSCOW
On approval of the Rules for the production, processing, storage, sale, acquisition, use, transportation and destruction of precursors of narcotic drugs and psychotropic substances, and invalidation of Decree of the Government of the Russian Federation of August 18, 2010 No. 640 and certain provisions of certain acts of the Government of the Russian Federation
In accordance with Article 30 of the Federal Law “On Narcotic Drugs and Psychotropic Substances,” the Government of the Russian Federation decides:
1. Approve the attached Rules for the production, processing, storage, sale, acquisition, use, transportation and destruction of precursors of narcotic drugs and psychotropic substances.
2. To recognize as invalid:
Decree of the Government of the Russian Federation of August 18, 2010 No. 640 “On approval of the Rules for the production, processing, storage, sale, acquisition, use, transportation and destruction of precursors of narcotic drugs and psychotropic substances” (Collected Legislation of the Russian Federation, 2010, No. 34, Art. .4492);
clause 8 of the changes that are being made to the acts of the Government of the Russian Federation in connection with improving control over the circulation of precursors of narcotic drugs and psychotropic substances, approved by Decree of the Government of the Russian Federation of December 8, 2011 No. 1023 “On amendments to certain acts of the Government of the Russian Federation in connection with with improving control over the circulation of precursors of narcotic drugs and psychotropic substances" (Collected Legislation of the Russian Federation, 2011, No. 51, Art. 7534);
paragraph 2 of the changes that are being made to the acts of the Government of the Russian Federation in connection with improving control over the circulation of precursors of narcotic drugs and psychotropic substances, approved by Decree of the Government of the Russian Federation of December 13, 2012 No. 1303 “On amendments to certain acts of the Government of the Russian Federation in connection with with improving control over the circulation of precursors of narcotic drugs and psychotropic substances" (Collected Legislation of the Russian Federation, 2012, No. 51, Art. 7235);
paragraph 4 of the changes that are made to the acts of the Government of the Russian Federation, approved by Decree of the Government of the Russian Federation of December 29, 2016 No. 1547 “On amendments to certain acts of the Government of the Russian Federation” (Collected Legislation of the Russian Federation, 2022, No. 2, Art. 375 );
clause 12 of the changes that are made to the acts of the Government of the Russian Federation, approved by Decree of the Government of the Russian Federation of June 27, 2022 No. 754 “On amendments to certain acts of the Government of the Russian Federation” (Collected Legislation of the Russian Federation, 2022, No. 27, Art. 4052 ).
3. This resolution comes into force on March 1, 2022 and is valid until March 1, 2028.
Chairman of the Government of the Russian Federation M. Mishustin
APPROVED by Decree of the Government of the Russian Federation of October 15, 2022 No. 1752
RULES for the production, processing, storage, sale, acquisition, use, transportation and destruction of precursors of narcotic drugs and psychotropic substances
1. These Rules establish the procedure for the production, processing, storage, sale, acquisition, use, transportation and destruction of precursors of narcotic drugs and psychotropic substances included in tables I and II of list IV of the list of narcotic drugs, psychotropic substances and their precursors subject to control in the Russian Federation Federation, approved by Decree of the Government of the Russian Federation of June 30, 1998 No. 681 “On approval of the list of narcotic drugs, psychotropic substances and their precursors subject to control in the Russian Federation” (hereinafter referred to as precursors, list).
2. Legal entities and individual entrepreneurs carry out activities for the production, processing, storage, sale, acquisition and use of precursors included in Table I of List IV of List, on the basis of an appropriate license.
3. These Rules do not apply to the production, processing, storage, sale, acquisition, use, transportation and destruction of precursors registered as medicines.
In these cases, the legislation of the Russian Federation on medicines is applied.
4. Legal entities and individual entrepreneurs engaged in the production, processing, storage, sale, acquisition, use, transportation and destruction of precursors take measures to ensure the safety of such activities and exclude access to precursors by unauthorized persons.
5. Precursors that do not meet the requirements of technical documentation are subject to processing or destruction.
6. Legal entities and individual entrepreneurs carrying out activities related to the processing of precursors shall submit to the territorial bodies of the Ministry of Internal Affairs of the Russian Federation within 30 days from the date of processing a notification on the volume of processed precursors in the form according to Appendix No. 1.
7. Precursors are stored in a metal cabinet (safe) or an isolated room, which is locked and sealed after the end of the working day.
If it is impossible to store precursors indoors, they are stored in containers located in protected areas (tanks, tanks, barrels and other transport containers), which are sealed (sealed) after the end of the working day.
8. The head of a legal entity or an official authorized by him, an individual entrepreneur, appoints persons responsible for storing precursors (for precursors included in Table I of List IV of List - from among the persons authorized to work with precursors), the procedure for storing keys to the premises is established , as well as seals (sealing devices).
9. The sale of precursors included in Table II of List IV of List to individuals is carried out upon presentation of an identification document.
The sale of precursors included in Table I of List IV of List is carried out to legal entities and individual entrepreneurs upon presentation of a license to carry out activities related to the circulation of precursors included in Table I of List IV of List (if available), or its notarized copy, or an extract. from a unified register of relevant licenses.
10. Legal entities and individual entrepreneurs may store and use precursors in quantities not exceeding their production needs, which are determined in the manner established by paragraph 9 of Article 30 of the Federal Law “On Narcotic Drugs and Psychotropic Substances.”
11. Legal entities and individual entrepreneurs purchasing precursors for production needs, within 10 days after purchasing the precursors, notify the territorial bodies of the Ministry of Internal Affairs of the Russian Federation about the number of purchased precursors necessary to meet production needs, in the form according to Appendix No. 2.
12. Transportation of precursors is carried out by legal entities and individual entrepreneurs, subject to ensuring their safety along the way.
13. Precursors with an expired shelf life that have been subjected to chemical or physical effects, resulting in their unsuitability, excluding the possibility of recovery or processing, precursors whose expiration date cannot be determined (due to damage or lack of appropriate labeling, lack of technical documentation, etc.) .d.), are subject to withdrawal from circulation and subsequent destruction in full.
14. The decision on the need to destroy precursors is made by the head of a legal entity or an official authorized by him or an individual entrepreneur. The decision to destroy precursors shall indicate their name and weight, as well as the reasons for destruction.
15. The use of precursors for which a decision has been made to destroy is prohibited.
16. The destruction of precursors is carried out in compliance with the requirements of the legislation of the Russian Federation on environmental protection and is carried out in the presence of a commission for the destruction of precursors created by a legal entity (individual entrepreneur) destroying precursors, which includes (by agreement) representatives of territorial bodies of the Ministry of Internal Affairs of the Russian Federation Federation.
17. Personnel carrying out work on the destruction of precursors included in Table I of List IV of List must meet the requirements established by the legislation of the Russian Federation for working with precursors.
18. When destroying precursors, the precursor destruction commission specified in paragraph 16 of these Rules draws up an act, which is signed by the members of the commission and sealed with a seal, if available (the number of copies of the act is determined based on the number of parties participating in the destruction of precursors). The act specifies:
a) date and place of destruction of precursors;
b) place of work, positions, surnames, first names, patronymics (if any) of persons who took part in the destruction of precursors;
c) information about the name and quantity of precursors being destroyed, as well as about the container or packaging in which they were stored;
d) the basis for the destruction of precursors;
e) method of destroying precursors.
____________
APPENDIX No. 1 to the Rules for the production, processing, storage, sale, acquisition, use, transportation and destruction of precursors of narcotic drugs and psychotropic substances
(form)
NOTICE about the volume of processed precursors of narcotic drugs and psychotropic substances for ____________ 20 ___.
___________________________________________________________________________
(name of a legal entity or surname, name, patronymic (if any) of an individual entrepreneur)
TIN ______________________________________________________________________________
(taxpayer identification number)
OGRN _____________________________________________________________________
(main state registration number)
___________________________________________________________________________
(location of a legal entity or place of residence of an individual entrepreneur)
___________________________________________________________________________
(phone, fax, email)
License registration number, license grant date _________________
___________________________________________________________________________
(for manufacturers of precursors included in Table I of List IV of the list of narcotic drugs, psychotropic substances and their precursors subject to control in the Russian Federation, approved by Decree of the Government of the Russian Federation of June 30, 1998 No. 681 “On approval of the list of narcotic drugs, psychotropic substances and their precursors subject to control in the Russian Federation")
Unit (_____________)
| Name of the precursor of the narcotic drug, psychotropic substance | Processing volume for the specified period |
| 1 | 2 |
| Head of a legal entity or individual entrepreneur | _____________________(Full name.) | ___________________(signature) |
| Person responsible for completing the form | __________________(job title) | _________________ (Full name.) | ___________ (signature) |
__________________________________(phone number) | __________________________________(date of report) |
____________
APPENDIX No. 2 to the Rules for the production, processing, storage, sale, acquisition, use, transportation and destruction of precursors of narcotic drugs and psychotropic substances
(form)
NOTICE about the quantity of purchased precursors of narcotic drugs and psychotropic substances necessary to meet production needs on _____________ 20 ___.
___________________________________________________________________________
(name of a legal entity or surname, name, patronymic (if any) of an individual entrepreneur)
TIN ______________________________________________________________________________
(taxpayer identification number)
OGRN _____________________________________________________________________
(main state registration number)
___________________________________________________________________________
(location of a legal entity or place of residence of an individual entrepreneur)
___________________________________________________________________________
(phone, fax, email)
License registration number, license grant date _________________
___________________________________________________________________________
(for manufacturers of precursors included in Table I of List IV of the list of narcotic drugs, psychotropic substances and their precursors subject to control in the Russian Federation, approved by Decree of the Government of the Russian Federation of June 30, 1998 No. 681 “On approval of the list of narcotic drugs, psychotropic substances and their precursors subject to control in the Russian Federation")
Unit (_____________)
| Name of the precursor of the narcotic drug, psychotropic substance | Quantity required for meeting production needs for the specified period |
| 1 | 2 |
| Head of a legal entity or individual entrepreneur | _____________________(Full name.) | ___________________(signature) |
| Person responsible for completing the form | __________________(job title) | _________________ (Full name.) | ___________ (signature) |
__________________________________(phone number) | __________________________________(date of report) |
____________
New acts on narcotic drugs and psychotropic substances
The Government, the Ministry of Health and the Ministry of Internal Affairs and the Russian National Guard have approved new acts related to the circulation of narcotic drugs and psychotropic substances, including those contained in medicines.
In November 2022, 8 new acts related to narcotic drugs and psychotropic substances were published:
- Decree of the Government of the Russian Federation dated November 30, 2021 No. 2117 “On the procedure for submitting information on activities related to the trafficking of narcotic drugs and psychotropic substances, as well as on the cultivation of plants containing narcotic drugs or psychotropic substances or their precursors, and registration of transactions related to the trafficking of narcotic drugs drugs and psychotropic substances, as a result of which the quantity and condition of narcotic drugs and psychotropic substances change, and the recognition of certain acts and certain provisions of certain acts of the Government of the Russian Federation as invalid”;
- Decree of the Government of the Russian Federation dated November 30, 2021 No. 2126 “On approval of the list of tools and equipment that are under special control and used for the production and manufacture of narcotic drugs, psychotropic substances, Rules for the development, production, manufacture, storage, transportation, shipment, release, sale, distribution, acquisition, use, import into the territory of the Russian Federation, export from the territory of the Russian Federation, destruction of instruments and equipment that are under special control and used for the production and manufacture of narcotic drugs, psychotropic substances, and the invalidation of certain acts and certain provisions of certain acts Government of the Russian Federation";
- Decree of the Government of the Russian Federation dated November 30, 2021 No. 2108 “On approval of state quotas for narcotic drugs and psychotropic substances, within the limits of which the production, storage, import (export) of narcotic drugs and psychotropic substances are carried out, and on the recognition as invalid of certain acts and certain provisions of some acts of the Government of the Russian Federation";
- Order of the Ministry of Health of Russia dated November 26, 2021 No. 1103n “On approval of special requirements for storage conditions of narcotic and psychotropic medicines intended for medical use”;
- Order of the Ministry of Health of Russia dated November 26, 2021 No. 1102n “On approval of the maximum permissible quantity of narcotic drugs, psychotropic substances and their precursors contained in preparations for which certain control measures may be excluded”;
- Order of the Ministry of Health of Russia dated October 22, 2021 No. 1005n “On approval of the Procedure for recording by the commission the facts of loss of narcotic drugs and (or) psychotropic substances committed during medical activities”;
- Order of the Ministry of Health of Russia dated October 22, 2021 No. 1004n “On approval of instructions for the destruction of narcotic drugs and psychotropic substances included in lists II and III of the list of narcotic drugs, psychotropic substances and their precursors, subject to control in the Russian Federation, the further use of which in medical practice is recognized inappropriate";
- Order of the Russian Guard, Ministry of Internal Affairs of Russia dated September 15, 2021 No. 335/677 “On approval of the Requirements for equipping with engineering and technical means of security of objects and premises in which activities related to the circulation of narcotic drugs, psychotropic substances and those included in List 1 of the list of narcotic drugs are carried out, psychotropic substances and their precursors subject to control in the Russian Federation, precursors, and (or) cultivation of narcotic plants for use in scientific, educational purposes and in expert activities, for the production of narcotic drugs and psychotropic substances used for medical purposes and (or) in veterinary medicine "
The above acts will come into force on March 1, 2022 and will be valid until March 1, 2028. Please note that a number of “old” acts will also lose force.
