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Legal advice in drug-related cases. Potent

Legal advice in drug-related cases. Potent

No. 12892

Asks Unknown

(cure and law, potent)

Hello, have new laws been issued regarding pregabalin? Do not plan?

Lawyer Arseny Lvovich Levinson answers:

Hello. Since January 2019, the Ministry of Health proposes to include pregabalin, tapentadol and tropicamide in the List of Potent and Poisonous Substances, approved. Resolution of the Government of the Russian Federation No. 964 of December 29, 2007. The corresponding draft government resolution received a positive opinion from the Ministry of Economic Development on February 15. Most likely, the project will be adopted soon.

The inclusion of these drugs in the List of Potent Drugs entails the possibility of criminal prosecution for their sale or other actions for the purpose of marketing under Article 234 of the Criminal Code of the Russian Federation, as well as for their smuggling under Article 226.1 of the Criminal Code of the Russian Federation. That is, in fact, it is proposed to increase the responsibility of pharmacy organizations for violating the rules for the dispensing of pregabalin, tapentadol and tropicamide.

At the same time, neither administrative nor criminal liability has been established for the acquisition and storage of potent substances without the purpose of marketing. But beyond that, of course, the police will increase the ability of the police to repress drug users who use pregabalin to relieve withdrawal symptoms. They will detain drug addicts and force them to participate in test purchases, persuading friends to help and share pregabalin from withdrawal, that is, to provoke the sale of potent.

01.06.2019

No. 12891

Elena Yu asks.

(potent)

Good afternoon, I would like to receive advice on the import of potent substances into the Russian Federation. In short: last week I made an order at www.iherb.com where I ordered several packs of DHEA (prasterone) dietary supplement. After sending the order, I found out that since January 1, 2019, prasterone is now classified as a potent substance. Every day I call the transport company Boxberry in order to cancel the delivery of the order in the Russian Federation as soon as possible, but since the shipment has not yet been registered in their system, they cannot help me at the moment. Therefore, I have a question: if the transport company cannot prevent the import of this order into the territory of the Russian Federation and it falls into the hands of customs officers, what are the consequences? I will clarify that we are talking about the declared transportation of dietary supplements, i.e. it has an accompanying sheet, which indicates the real name, its composition and weight. Naturally, I am not going to pick it up from the transport company in case of successful customs clearance, and at the moment I am doing everything in my power to cancel this order. The transport company assures me that in this case, the dietary supplement simply will not pass the customs of the Russian Federation as a prohibited substance and will be sent back to iHerb without any legal consequences for me, but I have great doubts about this outcome. Please rate the severity of this situation and the possible strategy of action on my part.

Lawyer Vadim Tikhonovich Sivchenko answers:

Hello.

Prasterone (3-hydroxyandrost-5-en-17-one) was included in the list of potent substances by the Decree of the Government of the Russian Federation of December 19, 2018 N 1597).

In accordance with current legislation, potent substances cannot be purchased, stored, manufactured or transported only for marketing purposes..

Accordingly, on the territory of the Russian Federation it is possible to purchase for consumption. There are no exceptions when purchasing in the form of mail.

In your case, the acquisition of a potent substance occurs from abroad – Article 226.1 of the Criminal Code of the Russian Federation, that is, – Smuggling of potent, poisonous, poisonous, explosive, radioactive substances, radiation sources, nuclear materials, firearms or its main parts, explosive devices , ammunition, weapons of mass destruction, their delivery vehicles, other weapons, other military equipment, as well as materials and equipment that can be used to create weapons of mass destruction, their delivery vehicles, other weapons, other military equipment, as well as strategically important goods and resources or cultural values ​​or especially valuable wild animals and aquatic biological resources.

The most reasonable thing is to save the cancellation information for this order and not receive it. You also need to explain your action by the fact that during the order on the site there were no links to the fact that this is a potent substance, and when they found out, they immediately canceled the order.

05/30/2019

No. 12820

Kirill asks

(potent)

Greetings. can they drag to court for a couple of packs of yelling turinabol ordered strictly in the Russian Federation.

Answers the head of the paragraph:

Hello. Oral-turinabol belongs to anabolic steroids, which are classified as potent substances. There is no such name in the List of potent substances approved by the Government of the Russian Federation on December 29, 2007 No. 964. But the answer to your question is unambiguous: regardless of whether this anabolic is included in the list or not, the acquisition, transportation and shipment of potent substances within the Russian Federation are not punishable.

But I will not say that there are no risks. You can be sure that you receive the goods from Russia, but it turns out – from Belarus. And then article 226.1 of the Criminal Code appears. You can buy for yourself, but it happens sometimes (with drugs, strong) that you have to fight off suspicions in order to “sell”.

You say: there is no such substance on the list. Yes, not approved by the Government. But in the Summary table of the PKKN in the latest edition of 2003 there is such a position: “methandienone (anabol, methandrostenolone, etc.)”. And turinabol is usually included in the methandienone group (I mean “group” conditionally, not in a strictly scientific sense). Although the concepts of “analogs” and “derivatives” are not used in the legal sense for potent substances, it is not for nothing that the PKKN wrote “et al.” meaning everything like that. It is impossible to say that Babayan’s table does not work. Since no state agency officially approved it, no one canceled it and it can be considered as the opinion of experts, an expert body. And although it is strange to see in the list of substances for which they can be imprisoned, a certain “and others.” this did not bother those who like to initiate criminal cases. Not based on the PKKN table, of course, but using similar experts.

Kirill asks

In general, you need to prepare money for a lawyer, did I understand correctly? Of course, if I am 100% sure that they will send from the Russian Federation, but in case the Ministry of Internal Affairs has a desire to “earn extra money” on me ?

Answers the head of the paragraph:

No, not really. Forewarned means protected. I just warned about some possible scenarios, now, thank God, are less common. Such tricks happened under the Federal Drug Control Service. A lawyer, as a last resort, may be needed if you are invited to “talk” to the police department, it is better not to go there without a lawyer. There he is more needed than in court. But I hope there will be no trial. You are not breaking the law.

Kirill asks

Well, for a course you need 200 tablets somewhere, and ordering 200 tablets will not automatically pull an assassination attempt? How many grams of substance are pulled to a large size?

Answers the head of the paragraph:

Large size for methandienone over 2.5 g.

04/08/2019

No. 12723

Asks Unknown

(potent, lyrics)

Good evening, please tell me what kind of work the courier threatens (lyrics). Thank you in advance

Lawyer Alexander Belik answers:

Hello! To date, pregabalin (the active substance of the drug “Lyrica”) is not included either in the list of narcotic and psychotropic substances, or in the list of potent and poisonous substances, therefore liability under the “classic” narcotic articles (228, 228.1, 229.1, 230, 234) not provided.

However, liability for the marketing of medicines is possible if they are counterfeit, falsified or substandard:

– if sales are less than 100,000 rubles – administrative responsibility under Art. 6.33 of the Administrative Code of the Russian Federation (liability, for example, a fine from 70,000 to 100,000 rubles)

– if the sale is worth more than 100,000 rubles – criminal liability, under Art. 238.1 of the Criminal Code of the Russian Federation (liability, for example, imprisonment from 3 to 5).

And, even if the drugs are benign and unfalsified, administrative liability is provided for violating the rules of retail trade in medicinal products (trade without a license) – under Art. 14.4.2 Administrative Code of the Russian Federation (liability, for example, a fine from 1,500 to 3,000 rubles).

I also note that the Government is currently considering a document (https://regulation.gov.ru/projects#npa=87587) on the inclusion of pregabalin in the list of potent substances, if it is adopted, then responsibility for the circulation of lyrics will come under Article 234 of the Criminal code.

16.02.2019

No. 12566

Victor asks

(potent, cure and law)

Hello.

Is the combination preparation zaldiar (paracetomol and tramadol) a potent substance, applicable to Article 234?

On the one hand, no, since the second component is pharmacologically active.

But right there, to the definition of a large volume of a potent substance, I read:

“All dosage forms, mixtures and solutions, which include at least one substance listed in the list of potent substances for the purposes of Article 234 and other articles of the Criminal Code of the Russian Federation”

But tramadol is on this list, which means, at least with regard to the large size of a potent substance, it does not matter what it is combined with – with active or inactive components.

Some kind of confusion.

Answers the head of the paragraph:

Hello. Zaldiar is not included in the list of potent substances. Such a list was approved in accordance with a note to article 234 of the Criminal Code by Government Decree No. 964. This list contains the item “All dosage forms, no matter what brand (trade) names they are designated, which include the substances listed in this list in combination with pharmacological inactive components “. This position means that all drugs are classified as potent substances, which contain only a potent substance without other pharmacologically active components. As you correctly point out, Zaldiar contains tramadol (a potent substance) and paracetamol (a pharmacologically active substance that is not potent).

How then to understand the position you quoted from the same Resolution of a slightly different content: “All dosage forms, mixtures and solutions, which include at least one substance listed in the list of potent substances for the purposes of Article 234 and other articles of the Criminal Code of the Russian Federation” ? This position defines the large size of potent substances for the purposes of Article 234 of the CC. Accordingly, the content of this section of the decree includes only those positions that are already defined in the same decree as potent, that is, in the case of drugs – monopreparations.

You just need to understand the structure of this regulation. It looks like this:

“To approve the attached:

a list of potent substances for the purposes of Article 234 and other articles of the Criminal Code of the Russian Federation;

a list of toxic substances for the purposes of Article 234 and other articles of the Criminal Code of the Russian Federation;

large size of potent substances for the purposes of Article 234 of the Criminal Code of the Russian Federation “.

What are potent, says the list of potent. A large size is indicated for substances included in the list.

At the same time, the baldiar is not subject to free sale. Medicines containing the potent substance Tramadol in an amount of 37.5 mg in combination with Paracetamol in any amount are included in a separate line in section II of the “List of Medicines for Medical Use Subject to Quantitative Accounting” approved by Order of the Ministry of Health of the Russian Federation dated April 22, 2014 (as amended on 31.10.2017). That is, only for recipes of a special form.

12/14/2018

No. 12344

Vladimir asks

(potent)

prev. No. 12303

Hello. The prosecutor did not file an appeal, I need to decide whether to go to the appeal, because the lawyer has not yet withdrawn his complaint. He says there is a chance for an excuse, but very small.

Answers the head of the paragraph:

Hello. It will not be worse. So you can go now that the lawyer has filed a complaint. But before the appeal hearing, be sure to make sure that the submission has not arisen. You and your lawyer have the right to familiarize yourself with the case file before the hearing. Because the court can theoretically restore the missed term to the prosecutor. In this case, it would be better at the beginning of the hearing to file a motion to postpone the hearing in order to exercise your right to familiarize yourself with the submission and submit written objections to it. This is just in case.

17.08.2018

No. 12303

Vladimir asks

(potent)

prev. No. 12275

Hello, the lawyer said that he saw the prosecutor in court and that he told him that he would submit a submission {according to 226.1 they acquitted and for 234 hours 3 a fine of 50,000, and the prosecutor asked for 6 years 10 months of real time}. I would like to know if the lawyer is doing the right thing, etc. I honestly fear that the sentence will worsen.

Answers the head of the paragraph:

Hello. I’m not sure if the verdict should be appealed. But it is imperative to file objections to the prosecutor’s appeal, if any..

30.07.2018

No. 12275

Vladimir asks

(potent)

prev. No. 12229

Hello, the prosecutor requested 6 years 10 months … for a pack of sibutramine pills. The last word and sentence remained. Tell me they always ask so much or not? And can we now hope for a conditional

Answers the head of the paragraph:

Hello. You can hope for a suspended sentence, but you need to hope for the best and prepare for the worst. Therefore, you need to prepare to appeal the sentence. In the last word, in addition to the question of guilt, it is necessary to draw the attention of the court to the fact that no harmful consequences have come from your actions, that you have not been previously convicted, you are young. You did not know that these dietary supplements contain sibutramine, especially since other dietary supplements with the same name seized from you did not contain sibutramine.

07/08/2018

No. 12246

Ivan asks

(potent)

Good afternoon, the situation is stupid, I myself am on a business trip, but a notice of a parcel from Belarus came to our address and to my name, my wife went to receive it by mail, and there she was detained by the police in the parcel were steroids. Several years ago I ordered peptides and steroids from Belarus, but that was a few years ago. They took a testimony from my wife, she said as it is that she didn’t know what was in the parcel and just came to get it, and since we were waiting for the parcel from China, she said that the parcel should have come, a notification came and she didn’t see what and where she went to receive. She did not give any confessions, they took her phone and said that they would call when the results of the examination were available.

The question is, can she be charged under Art. 226.1 and 234, if she just received the parcel by power of attorney, and what are the standard terms for the examination, as well as if they bought tickets to another city in Russia, is it possible to leave before the examination is over, or is it better to wait “.

Answers the head of the paragraph:

By virtue of Article 144 of the Criminal Procedure Code, which establishes, if it is necessary to conduct an examination, a month period for resolving the issue of initiating a criminal case, the results of the examination must be ready no later than this period. The Criminal Procedure Code says “within a reasonable time”.

As for your main question – about the initiation of a criminal case – it is decided on the basis of the totality of operational data, which will be recognized as evidence. The mere fact that the parcel was received by another person does not at all oblige the investigator to consider this person to be guilty. I believe this will primarily focus on the purpose of steroid use..

16.06.2018

No. 12229

Vladimir asks

(potent)

Good day!

I am a citizen of the Republic of Kazakhstan permanently residing in the territory of the Russian Federation. In March 2018, upon arrival in the city of the Russian Federation from the Republic of Kazakhstan by train to the destination, he was detained by customs and police officers (not at the border). Then they searched personal belongings, where they found Beeline dietary supplements, after they were taken for research, nothing was found there. However, I was presented with the fact of the sale of this dietary supplement in September 2017, in which the prohibited substance sibutramine turned out to be (it is not indicated in the composition, and in general, Beeline is considered a herbal preparation, it is sold in Kazakhstan freely in sports food stores and all kinds of Chinese cosmetics). I sold it through an ad on the Internet. After lengthy interrogations by the operatives, I decided to write a confession and confess that I knew that there was sibutramine there, and that it was prohibited, because I thought it was absurd and there could be no criminal responsibility for this, but just fine. Now, having learned that criminal cases were opened under article 226.1 (smuggling), and I wrote that I brought this drug across the border in September, although de facto I bought it in the Russian Federation just for a stock (so to speak in bulk), and under article 234.ch3 (sale ).

In September I sold it to a woman unknown to me, but they didn’t detain me, although the money was marked and there is a scan of correspondence + video, etc. (the investigator showed). Now that they have a confession, etc. how to be in this situation? I don’t see any point in going to a special order, because I want to fight for innocence (at least there was no September smuggling, it was invented by me in my confession), and for 234 hours 3 I did not know about the real composition of the capsules. What was brought in March will not go to the accusatory part, since there is nothing prohibited there, but they were also seized. What can you advise? Is it possible to somehow explain your stupidity written in a confession and repentance, or is it already useless? It’s just that after writing a confession, a month has passed, and no one calls me, etc. they seized the phone (I don’t know whether an examination was carried out or not yet), the house was searched (there was nothing), they looked at the laptop (there was nothing), they gave a written undertaking not to leave.

Answers the head of the paragraph:

Looked at the documents from the case. Proceeding from your natural interest to complete this case with the most lenient sentence, I have to admit that after a full admission of guilt there is no other way, only to petition for the consideration of the case in a special procedure. Moreover, the circumstances themselves – you acknowledge the repeated sales of this means for losing weight. That is, even having abandoned their testimony about the awareness of the presence of sibutramine in this drug. You do not deny the very fact of the sale. What can you do? In some countries, marijuana is sold freely. Therefore, the argument is that this dietary supplement is sold in Kazakhstan. won’t work. It will not work for an excuse, although it should be discussed, it softens the position of the court. Not to mention the fact that Russian courts always recognize confessions as true, and rejection of them is an attempt to avoid responsibility. All this is sad, especially since we are not talking about drugs at all. Let’s say sibutramine is bad for you, but it’s found in several legal prescription weight loss drugs. This should also be discussed in court..

It is important to show the court that the question of sibutramine as clearly harmful is not so simple and unambiguous. On the portal of legal information ConsultantPlus posted a response to this topic from 22 February 2007 by the Chairman of the Standing Committee on Drug Control, Academician E.A. Babayan. Although he considers Chinese dietary supplements containing sibutramine to be harmful, he writes about the drug Meridia, which contains pure sibutramine and nothing else, as safe and effective. See http://hand-help.ru/documents/pkkn_meridia_2007.doc

The same drug Meridia was sold without a prescription in Russia until the end of the 2000s. I do not popularize this tool at all, perhaps Babayan was wrong, as well as in many other things, by the way. I publish his opinion as confirmation of the controversial issue.

It is also very important to convey to the court the exceptionally wide range of punishments provided by the legislator, provided for in part 3 of Article 234 of the Criminal Code, which you are charged with. There is no other similar sanction in the Criminal Code: from a fine of 5 thousand rubles. up to 8 years in prison. That is, from the lightest punishment possible under the Criminal Code in general, to such a severe punishment. This leaves the decision entirely to the discretion of the judge. Which is not so bad. Therefore, see FAQ for advice 2 and 10.

It is necessary to ask the court for the most lenient punishment under part 1 of Article 226.1. There – from 3 to 7 years. The court has the right, taking into account …, to impose a suspended sentence.

02.06.2018

No. 12228

Asks P.

(strong, smuggled)

Hello! ordered in the republic of belarus anabolic testosterone enanthate tell me if the parcel is opened at the border and it will be found will it be considered a contraband? and in general this substance can be sent across the border?

Answers the head of the paragraph:

Testosterone Enanthate is a 1-testosterone ester that is listed as a potent substance. According to the Decree of the Government of the Russian Federation of December 29, 2007 N 964 “On the approval of the lists of potent and toxic substances for the purposes of Article 234 and other articles of the Criminal Code of the Russian Federation, as well as the large size of potent substances”, the “complex and simple ethers listed in this the list of substances. ”Thus, the movement across the border of this substance falls under Article 226.1 of the Criminal Code of the Russian Federation.

02.06.2018

No. 12202

Maria asks

(potent)

Hello, they called me from the customs office and said that the package I ordered with slimming capsules with Ali was expired and an examination was carried out, which revealed the presence of sibutromin in them. They ask to come and write an explanatory note, then they say that they are handing over the papers to the authorities. What to do in such a situation ??? Go to them? Write explanatory? The product is not available on the site, I can not see the composition … before that I ordered similar capsules (natural vegetable extract in the composition), all the parcels came normally, but now this is … I wrote to the seller that I refuse the goods in order to return the money, but there is no answer yet. Can I refuse a parcel at the customs office? Can I say that I did not order this product? I deleted it from the personal office with Ali, but the fact of my name and registration address is on the parcel of course. How to be, please advise!!!

Lawyer Vadim Tikhonovich Sivchenko answers:

Hello Maria.

An ambiguous practice has developed for the substance you indicated and in similar situations. My answer to your question is based on my practice and numerous conversations with investigators in this category of cases..

The substance you specified is potent. Accordingly, it can be stored, bought and consumed, but not sold. Also, criminal punishment is provided for the transfer and transportation of this substance for sale. The above indicates that by ordering this substance, even knowing that it is prohibited from a seller located in Russia and receiving it by mail, you have no corpus delicti. But the person who sent you this substance by mail has corpus delicti, since this person is a distributor of a potent substance.

In your case, everything is a little more complicated, since there is the fact of crossing the border of the Russian Federation by mail with the attachment of a prohibited potent substance. This is contraband. But the presence in your act of signs of corpus delicti may be evidenced by the awareness that you know about the composition of the ordered drug, that is, that a drug containing a potent substance will arrive at your address across the border of the Russian Federation. That is, there must be a direct intent to commit smuggling. If there is nothing in your correspondence with the supplier that indicates that you know about the prohibited substance in the preparation, then you have no corpus delicti. The absence of corpus delicti may also be indicated by the absence of a description of the drug on the site, that is, the inability to find out what substances it contains.

I cannot recommend you not to appear at the police station, as all sorts of troubles may follow in relation to you in the form of delivery and other things. I can only advise when explaining to insist that you do not know the composition of the drug. If the site has a detailed description and composition of the drug, then refer to inattention. Regarding the cancellation of the order – legally, the moment of voluntary refusal to commit contraband (if you knew the composition of the drug) has already passed. Voluntary refusal to commit a crime is possible only at the stage of an unfinished assassination attempt, that is, at the stages of preparation for committing a crime. This is what theorists say. Review your correspondence with the supplier and take a decision on further actions in accordance with my recommendations. The fact that you deleted the order does not mean anything – after all, it was you who received the package. Moreover, it is impossible to permanently remove anything from the computer – that’s what an IT expert told me. Recover files from drilled and even burned-out hard drives. And my constant advice is to contact a lawyer and go with a defender to give explanations.

05/22/2018

No. 12190

Elena asks

(potent)

By bank transfer (an extract from the bank account is available) I bought at a pharmacy at the address: Chelyabinsk, Goldline PLUS 10 mg diet pills 30 pcs. Producer Russia, Izvarino Pharma. In the composition: Sibutramine + Cellulose (two active components – which means that the drug does not belong to the category of potent).

Initially, I went to the pharmacist’s counter with another product, but the pharmacist insistently recommended buying this one, since, according to her, it definitely has an effect. The pharmacist did not warn me that the drug contains a potent substance. I saw them for the first time in my life. I bought it without intent out of ignorance.

Out of 30 pieces, I drank 18 pieces, 12 pieces remained.

I did not lose weight and my appetite did not change, I did not feel another effect of the drug.

With them I went to Kazakhstan, then back at night.

While passing Russian customs, the dog sniffed a bag with personal belongings and Korean salads. They didn’t find anything there, but they asked to put all my things, including mine. And paid attention to my pills.

The readings were taken 3 times and recorded 3 times. 01 to 03 am.

The protocol was drawn up, a copy was not given, they were not offered to read, they were frightened by the “criminal”. I was forbidden to photograph the protocol, when asked to give me a copy of these documents, the police officer replied: “Why do you need it? You don’t need a copy. ” And they didn’t give me anything. Being in a state of tremendous stress and shock, because all the people related to this event men intimidated me with an article, a violation of the law and the fact that they would take me away and shut up, I hardly read everything that was written and signed, not quite realizing the meaning of everything written by the police and customs officers. Morally I was greatly affected.

What to expect Very scary. I’m a single mom, minor child, mortgage, loan.

Lawyer Irina Vladimirovna Khrunova answers:

Hello. Unfortunately, I cannot answer your question, what to expect, since I do not know what you put your signature under. Perhaps you just signed a protocol for the seizure of pills and sending them for research, a technical document. Or perhaps you put your signature under the text, which says that the pills were prohibited. Therefore, I will not be able to answer you anything now until I see a document with your signature. There are several ways out. The first is passive, do nothing, wait for the development of events that may not come. But at the same time keep in mind that events can begin to develop at any time. The second exit is active, to begin actions to collect documents. You can write a request (letter) addressed to the head of this very customs office, with a request to provide you with copies of documents on the events that happened to you. It is even more effective to find a lawyer in the territory where the customs office is located, and he will make a lawyer’s request with a request to provide documents. There is also an option – to go there to the place in order to find out the situation there on your own or with the help of a lawyer.

05/17/2018

No. 12153

Dmitry asks

(smuggling, potent)

Good afternoon, a parcel came from Belarus, I did not pick it up, people in uniform claim that there is a potent substance there. they have correspondence from my gmail with the seller.

Question: can I be presented with contraband if I did not pick up the parcel, and they didn’t catch me by the hand?

Lawyer Irina Vladimirovna Khrunova answers:

Hello. In principle, yes, perhaps, if there is other evidence that it is for you. But it is much more difficult for law enforcement officers to do this, which is why we advise you never to pick up a parcel if you are not sure of its contents..

04/27/2018

No. 12143

Victor asks

(potent)

previous consultation No. 12139

Thank you, I just didn’t understand, after surfing the Internet, where does this news about a similar medicine come from??

“Thus, during the customs examination of an international parcel en route from Israel to Novorossiysk, 90 tablets of Zaldiar Tramadol HCI 37.5 mg Paracetamol 325 mg, containing the potent tramadol substance, were found. RF. “

“A young man who was traveling from Finland to our country had with him the anesthetic drug zaldiar, which included tramadol and paracetamol..

As it became known to the Academy of Sciences “Operational Cover”, a 28-year-old French citizen crossed the border in a Mercedes car. When he passed customs control at the Torfyanovka checkpoint, a service dog smelled illegal tramadol. In total, the Frenchman had 40 Zaldiar tablets with him..

The medicinal product was withdrawn for examination. The issue of initiating a criminal case is being resolved. “

This is due to the volume of the drug?

Answers the head of the paragraph:

Hello. The general rule for classifying combined drugs as potent is: if a potent substance is contained in such a preparation along with other pharmacologically active components that are not classified as potent, such a drug is legally not a potent one. Or, the drug should be included in the list of potent drugs by a separate item..

04/13/2018

No. 12139

Victor asks

(potent, cure and law)

Hello. I have a pack of ULTRACET in my medicine cabinet, which is sold over the counter in Thailand. The composition of the tablets is paracetamol + tramadol. Is combination medication prohibited? Can there be problems when entering the Russian Federation?

Thank you.

Answers the head of the paragraph:

Hello. According to the Decree of the Government of the Russian Federation of December 29, 2007 No. 964 (subject to subsequent amendments), only those “dosage forms, no matter what brand (trade) names they are designated, which include the substances listed in this list in combination with pharmacological inactive components “. Since the composition of the medicine you have named includes two pharmacologically active components, one of which is clearly not a potent substance, it turns out that this medicine is not a potent one..

The rules for the import of medicines for medical use into the territory of the Russian Federation were approved by the Decree of the Government of the Russian Federation of September 29, 2010 No. 771 “On the procedure for the importation of medicines for medical use into the territory of the Russian Federation”.

04/08/2018

No. 12135

Asks M.

(potent)

Hello, please consult. I worked in a hotel (rented), as a man left a package, said that he would come, after a couple of months, he disappeared (heard that he was detained), after a couple of months he stopped renting the hotel, the things that were taken home. Some time later, I remembered this package, I checked that I found half a leaf of Travmadol (sort of like that) and a couple of pieces of midracil there. Through friends I found out that it was possible to sell it, I decided to do it, I sold it to my friends as well and during the sale I was detained by employees, with labeled cupirs, I did not admit everything, because there was a sale, 3 tablets of the same traumadol were also found at home. They told me to bring a testimonial, the district police officer gave a bad characterization, as if he had previously been tried under the article on organizing prostitution (In fact, the case was suspended for reasons unknown to me and there was no trial, so why I was “tried” here without a clue). There are drives to the police under articles of petty hooliganism, violation of traffic rules. I have three children, I am raising one, two minors and one is already an adult. What punishment can follow in such a situation? P.S The case was opened under the article storage / distribution of potent.

Answers the head of the paragraph:

Hello. The sale or purchase / storage for the purpose of marketing tramadol as a potent substance is punishable under article 234 of the Criminal Code: if not more than 10 grams – under part 1 (punishment up to 3 years in prison), if over 10 grams – under part 3 (up to 8 years). Storage without the purpose of sale is not punishable in any way.

Since you have admitted guilt, and the court will not investigate the case on the merits (special order), but will only study the issue of sentencing, that is, the evidence characterizing the person, I can advise (among other things) to speak in court and that the case all the same does not concern drug trafficking, and the public danger of such acts is much less. That is why, even for a large size, the legislator has established the widest range of punishments under part 3 of Article 234 of the Criminal Code: from a fine of 5,000 rubles to 8 years in prison. At the same time, the lower threshold for imprisonment is not established here either, which means – from 2 months to 8 years.

04/07/2018

No. 12077

Asks M.

(strong, smuggled)

Good afternoon . I ordered myself 200t of oxandrolone and they took me to drug control from the post office.

There were witnesses. And I was in my car. We went up to the office, immediately seized the phone, then went to the car, found pills, and seized the tablet there in the car.

Then the opera says, and if we go to you as a lady and find something forbidden there, I replied that there are 100tabs of methandienone. We went as a lady and took the pills and took the system unit. In the cockpit, they signed everything up on the tags and in the protocol how the opera went into the hut and what he saw. He wrote an explanatory note that I admitted where I ordered and how I paid. Then, in my classmates, the padruga asked me the price of oxandrolone six months ago, so they went to her, so she testified that she had nothing against me, and asked because I was always looking for something on the Internet, and I knew that I was on steroids because I was a huge past. Naruki gave nothing. It took 2 months to wait. I called and wrote applications and petitions for the return of personal belongings ignore. I was driven out in the newspapers and that the question of smuggling is being resolved

Lawyer Arseny Lvovich Levinson answers:

Hello. Oxandrolone is included in the List of Potent Substances for the purposes of Article 234 and other articles of the Criminal Code of the Russian Federation, approved by Decree of the Government of the Russian Federation of December 29, 2007 No. 964.

The smuggling of potent substances is punished under Part 1 of Article 226.1 of the Criminal Code of the Russian Federation

imprisonment for a term of three to seven years with a fine of up to 1 million rubles. or without it and with restriction of liberty for up to 1 year or without it.

In addition, the purchase and storage of potent substances for sale is punishable under Article 234 of the Criminal Code of the Russian Federation: in part 1 in an amount that is not large, from a fine of up to 40 thousand rubles. up to imprisonment for up to three years; on part 3 on a large scale from a fine of up to one hundred 120 thousand rubles. up to imprisonment for up to eight years. At the same time, over 2.5 grams is considered a large size for oxandrolone..

Liability for smuggling is possible if you knew that you were ordering potent drugs from abroad. See consultation no. 5087.

To qualify the actions for the acquisition and storage as committed for the purpose of marketing, one large size of potent substances is not enough. Here it is possible, by analogy, to apply the clarifications of the Plenum of the Supreme Court of 15.06.2006, No. 14 “On judicial practice in cases of crimes related to narcotic drugs, psychotropic, potent and poisonous substances”, according to which the intention to sell, if grounds may be evidenced by their purchase, manufacture, processing, storage, transportation by a person who does not use them himself, the quantity (volume), placement in a convenient packaging for transfer, the presence of an appropriate agreement with consumers, etc..

Therefore, if the investigation does not find evidence of intent to sell the potent, then only their smuggling will be imputed..

According to the Judicial Department under the Supreme Court of the Russian Federation for the 1st half of 2017 for smuggling under Part 1 of Art. 226.1 of the Criminal Code, 91 people were convicted, with 37 people. (40%) to real imprisonment, 48 (53%) to conditional and 6 (7%) people to a fine.

That is, in almost half of the cases, real imprisonment is imposed. But this is not a roulette wheel, the important thing is whether the person was previously prosecuted, what are the mitigating and aggravating circumstances. If you admit guilt in smuggling, then you need to deal with proving mitigating and personality-specific circumstances.

03/23/2018

No. 12075

Asks K.

(strong, smuggled)

Good day! The situation is trivial: a package from the Republic of Belarus, two packages of Turanobol, 20tab each. 10 grams of total weight, hardly pulling. further customs officers,

seizure, protocol. admitted that he had ordered for his own needs, knew that it was from Belarus, but claimed that he did not know that this drug was prohibited

on the territory of the Russian Federation. At the moment, the pills have been sent for examination. I have a few questions for you, please tell me:

1) is, already admitted by me, an admission of guilt?

2) can I, and at what stage of the case, file a motion to dismiss the case, on the basis of Article 14 of the Criminal Code (on the insignificance of the case …)

3) to whom to submit this application? and maybe, if it doesn’t bother you, give a link to a sample of this petition?

4) I have two young children and I am the sole breadwinner, how can I use this to my advantage?

there is no money for lawyers, so you have to figure it out yourself. thank you in advance for your help!

Answers the head of the paragraph:

Hello. I think the following position is possible: firstly, the drug with the name turinabol does not appear in the list of potent and poisonous substances approved by the Decree of the Government of the Russian Federation of December 29, 2007 No. 964. It follows that a person purchasing such a drug does not have an official legal source information about the status of this anabolic. Here you can refer to the fact that before 2008, the list of potent drugs was determined by the protocol of the Standing Committee on Drug Control, headed by Academician E.A. Babayan, which indicated the main name, chemical formula and synonyms, that is, brand (trade) names. Turinabol – according to Babayan’s table – is a synonym for nandrolone. The Government Decree currently in force lists one nandrolone. The fact that turinabol is nandrolone, a person can find out only by studying the history of the issue. You cannot blame a person for not knowing the content of a document canceled 10 years ago. (The details are important here. First of all, was it indicated on the website where you ordered that it was nandrolone?). This can be associated with the purpose of the purchased drug only for personal use. That is, only the movement of the drug across the border is criminally punishable, and not its acquisition and storage (since we only punish the illegal sale of potent drugs, as well as the acquisition and storage for the purpose of marketing). And although there is a formal corpus delicti, the degree of public danger of contraband for personal consumption is much lower than for sale. On this basis, it is possible to file a petition for the application of Article 14 of the Criminal Code (insignificance).

Hence the answer to your question about the admission of guilt follows. I believe that in your case, a partial admission of guilt is possible. You admit the fact of violation of the law, but do not consider the actions to be criminal.

The petition should be submitted to the investigator in charge of the case. The content of the petition is set out above. You need to write in free form. Indicate all mitigating circumstances, they also play a role in deciding the question of dismissing the case (according to paragraph “d” of Article 61 of the Criminal Code, the presence of young children is recognized as a mitigating circumstance).

03/22/2018

No. 12057

Xenia asks

(potent)

Prev No. 12022

Good day. I work in a laboratory at an enterprise. In our work, we use rectified ethyl alcohol, in particular, the preparation of reagents. Tell me, please, what regulatory enactments keep records of rectified ethyl alcohol? What is the form of the log book? Thanks in advance for your reply

Lawyer Arseny Lvovich Levinson answers:

Hello. When using potent for industrial purposes, there are no requirements for maintaining special journals of operations. I believe that the accounting of potent ones should be carried out in accordance with the general procedure for accounting for inventories (see Methodological guidelines for accounting of inventories, approved by Order of the Ministry of Finance of the Russian Federation of December 28, 2001, No. 119n).

11.03.2018

No. 12022

Xenia asks

(potent)

Good afternoon. What legislative acts regulate the operations associated with the circulation of potent toxic substances, i.e. Their write-off, expense? and which authorities can check the accounting of these substances?

Lawyer Arseny Lvovich Levinson answers:

Hello. If we are talking about the circulation of potent substances in a pharmacy or other medical organization, then Appendix No. 3 to the Rules for registration of transactions related to the circulation of medicines for medical use included in the list of medicines for medical use subject to quantitative accounting in special journals of transactions related to the circulation of medicines for medical use, approved by order of the Ministry of Health of the Russian Federation of June 17, 2013 N 378n (since all potent medicines are subject to quantitative accounting). See also the Rules for maintaining and storing special journals of transactions related to the circulation of medicines for medical use approved by this order.

The Ministry of Internal Affairs and Roszdravnazor can check the registration of the potent.

02/18/2018

No. 11846

Alla asks

(potent)

The question of the drug “Sustanon” according to the Expertise identified a prohibited substance, namely: in the conclusion it is written “a solution containing esters of the isomer of 1-testosterone (17-hydroxy-5-androst-1-en-3-one) – testosterone isocaproate, testosterone decanoate, testosterone phenylpropionate “

The question is whether testosterone isocaproate, decanoate, phenylpropionate are really esters of 1-testosterone isomer, because as I understand they are esters of testosterone, not 1-testosterone.

I draw this conclusion on the basis that “Sustanon-250” is in the register of medicines, which indicates that this substance is not narcotic, psychotropic, potent, and even says “Term of introduction into civil circulation – Indefinite”

here is a link to the official website http://www.grls.rosminzdrav.ru/Grls_View_v2.aspx?routingGuid…

2) In the instructions for use of this drug it is written that this drug contains testosterone phenylpropionate, testosterone decanoate, testosterone isocaproate – which, as it is written, are ESTERS of the natural hormone TESTOSTERONE.

3) An article on the Internet can help you figure it out http://forum.steelfactor.ru/index.php?showtopic=1014&page=14 …

?

4) Conclusion from the Ministry of Health, which states that Sustanon is not a potent substance.

5) Resolution of the Government of the Russian Federation No. 339 of 03/28/2017 http://www.roszdravnadzor.ru/i/upload/images/2017/4/4/149129 …

It contains two substances:

1) testosterone

(8R, 9S, 10R, 13S, 14S, 17S) -17-hydroxy-10,13-dimethyl-1,2,6,7,8,9,11,12,14,15,16,17-dodecahydrocyclopenta [ a] phenanthrene-3-one

It is not on the list of potent substances.

2) 1-testosterone (17-hydroxy-5-androst-1-en-3-one) (5S, 8R, 9S, 10R, 13S, 14S, 17S) -17-hydroxy-10,13-dimethyl-4, 5,6,7,8,9,11,12,14,15,16,17-dodecahydrocyclopenta [a] phenanthrene-3-one

And he is just the same on the list of potent

So I believe that Sustanon is testosterone, but NOT 1-testosterone. And that testosterone and 1-testosterone are different things!

They have different formulas, and is testosterone an ISOMER of 1-testosterone? Why Testosterone is not on the list of potent substances?

6) The question is still in the mass of the substance, in the examination it was determined as 10.1 g (on the scales), but in general the volume of the jar was 10 ml, and the density of this substance is lower than that of water (because there is an oil base), so I was surprised that there is more than 10g, and I wonder if they made 10.1 g on purpose, since 10.0 g is no longer a large size. And could they be wrong? because if they weighed a substance on a balance, then they determined the WEIGHT of the substance, and the concept of MASS is a little different. Mass is Volume multiplied by Density, and they did not take into account the density as I understand it.

I hope you will understand my non-professional point of view, and I hope you will understand. It seems to me that there is hope. Because this dispute is going on both on forums and on lawyer websites, and if people are imprisoned for nothing, then we must fight it! Thank you

Answers the head of the paragraph:

Hello. I will answer only as regards the legal regulation of this problem. According to the Government Decree of December 29, 2007 No. 964 “On Approving the Lists of Potent and Poisonous Substances for the Purposes of Article 234 and Other Articles of the Criminal Code of the Russian Federation, as well as the Large Size of Potent Substances for the Purposes of Article 234 of the Criminal Code of the Russian Federation,” particular:

“All dosage forms, no matter what brand (trade) names they are designated, which include the substances listed in this list in combination with pharmacological inactive components

All mixtures and solutions containing substances listed in this list, regardless of their concentration “.

Thus, potent substances include those drugs that contain a potent substance included in the list, in combination with pharmacologically inactive components, that is, monopreparations. Medicines, which include, in addition to the potent, other pharmacologically active substances, are not potent substances if they (these medicines) are not included in independent positions in the list. If the test substance is a mixture containing a potent substance, but this mixture is not a drug, such a mixture is considered a potent substance..

24.11.2017

No. 11793

Danila asks

(strong, smuggled)

I ordered steroids in an internet store, accepted it at the post office, opened it there, took it to the department, wrote what I ordered for myself, forced me to write voluntarily that I knew what I ordered from Belarus, although I didn’t know, and that I didn’t have any certificates for the permission of these drugs, as well as that I knew that these drugs are prohibited on the territory of the Russian Federation. After the signing of the papers, the provision of correspondence (the purchase of steroids), the results of the examination were presented with the conclusion that the c / d substances were contained. Almost a month has passed, complete silence on the part of both the lawyer and the investigators. I have no medical indications for use. Is it possible to file a motion to terminate the investigation or not? And, in the case of “no”, what can be done for the shortest possible trial period in this case?

Answers the head of the paragraph:

Hello. I advise you to take the situation more seriously, because you actually fully admitted your guilt by signing that you knew about the arrival of potent substances from another state, and also that the ordered drugs are prohibited for free circulation in the Russian Federation. After all, we are talking about the smuggling of VDV (Article 226.1 of the Criminal Code), which provides for from 3 to 7 years in prison, regardless of the amount of smuggled. This is a felony and probation under this article, which you seem to mean when you talk about probation, is the exception rather than the rule. Therefore, one should think not about the “shortest probation period”, but about the imposition of punishment below the lowest threshold of sanction. That is why the investigator so kindly asked you to sign the protocol – after all, in one sneeze he solved a serious crime against public safety.

Of course, this situation is not hopeless. There is a fairly good protection toolkit specifically in relation to the smuggling of anabolic steroids from Belarus. Read in the heading “potent” answers No. 9693, 10124, 10443, 11171. But do not lose sight of the fact that those who ordered anabolic steroids from Belarus with medical purposes can feel relatively calm, which in your case is not.

03.11.2017

No. 11789

Pavel asks

(strong: anabolic steroids)

Hello, please tell me how to be, and what could be for me. A friend asks for help to order stanozolol and methane ,,, for himself. I don’t even know what to do with them and “what they eat it with”. From China or RF. What if I am not in business, I just order it by mail at my address, pick it up and give it to him … ?? Thanks in advance!

Answers the head of the paragraph:

Hello.

Stanozolol and methane (methandienone) are on the list of potent substances, the cross-border shipment of which (not from the Russian Federation) is punishable as contraband of potent substances under article 226.1 of the Criminal Code. Sending within the Russian Federation is not criminally punishable, but it is important to keep in mind two circumstances. Firstly, only shipment without the purpose of marketing does not entail criminal liability. A large amount may raise the suspicion that it is not for personal use. Secondly, “without the purpose of marketing” means only for oneself, for personal use. Any form of transfer from one person to another is regarded as marketing. If you give it to a friend, even free of charge, then this is already sales. And then article 234 of the Criminal Code arises with punishment depending on the number (size).

01.11.2017

No. 11545

Asks Maxim

(potent)

Hello, this is the situation, I am building, I use speakers that I order in Belarus, my comrades, seeing my results, also wanted something like this, in general, I ordered several people through my e-mail, all correspondence was in VK, the police asked me about my friends and where I am. What awaits me??

Answers the head of the paragraph:

Hello. In such circumstances, a criminal case may be initiated under Articles 226.1 and 234 of the Criminal Code of the Russian Federation (smuggling of potent substances plus the acquisition and storage of them for sale). The 234th level of responsibility depends on the quantity ordered.

12.07.2017

No. 11527

Kirill asks

(potent substances)

Today they took it from the post office with steroids and accepted the Ministry of Internal Affairs, after they started taking pictures and wrote an explanatory one, in general, the purchase was at 4k, they took it to the customs department, wrote an explanatory message, they say he ordered it, but did not know that it was illegal and that he ordered it for the first time and had not previously been tried and asked to write a sincere one, the parcel was seized accordingly and the phone was seized, what does it mean for me?

Answers the head of the paragraph:

Hello. If 4 k is 4 kg, then for any potent substance it is a large size, which means – article 226.1 – contraband of potent substances, from 3 to 7 years. Article 234 may arise – acquisition for the purpose of marketing (if this purpose is proven). By itself, a large number cannot be the only confirmation of the marketing purpose, but it can be the basis for a corresponding verification..

12.07.2017

No. 11449

Asks an unknown person

(strong, arrest)

Good evening! Help with a question on potent, more precisely anabolic steroids.

I want to order several drugs by mail strictly for my own use! RF-RF package.

my package contains 2 bottles and one blister.

Please tell me if this particular number of drugs can be regarded as a large volume???

I repeat, I acquire only for myself, there can be no further spread of speech!

Can police officers see or somehow “pull by the ears” a hint of further marketing, distribution in such a volume???

And please tell me, if a person who received such a parcel is detained at the post office, what are the next steps? Do the police have the right to take to the police station, pick up personal belongings (mobile phone, wallet), how long can they hold a person, can he call a lawyer? Are the police obliged to provide copies of all documents, interrogation ??? How to protect yourself as much as possible in this situation before the arrival of a lawyer or without him at all???

Reading specific questions and answers on hand-help, I often came across the seizure of computers and, in general, some kind of searches. Do police officers have the right to do this in this case ??? if they have, then, in addition to the detainee’s residence address, do they have the right to go to the next of kin and carry out seizure and searches there? after all, many have grandmothers, parents of an age who live in other apartments, who may become ill from such guests.

I will be very grateful for the answers, I will very much wait

Answers the head of the paragraph:

Hello. I cannot answer your question about whether there are risks in the acquisition of anabolic steroids in Russia, since the acquisition of potent substances without a doctor’s prescription is illegal, although not punishable. The sale of powerful agents entails criminal liability. The buyer participates in this. Moreover, it may always turn out that one thing is written on the site (the seller is in the Russian Federation), and the real package comes from another state.

You cannot know, even if the seller is in the Russian Federation, whether he has already been taken “by the gills”. It is quite possible and legal in this case to control negotiations and communications, operational observation, conduct of searches – on the basis of a court decision, of course. After all, the operational authorities and the investigation have the right to assume the existence of other, next, stages of illegal distribution, and have the right to check these versions. A search is possible at any address if there are sufficient grounds. These grounds are checked by the court in a closed court session, and investigators almost never receive refusals. Moreover, the court does not even have copies of the decisions of the court itself, 100% stamping.

06.06.2017

No. 11294

Elvira asks

(strong, smuggled)

good day!

In November 2016, I ordered diet pills on the Aliexpress website. They never reached me, and at the end of December the seller returned the money to me. Yesterday I was called (by phone call) to the police. In the police, I learned that documents came from the Novosibirsk customs, where a criminal case was opened against me under Art. 234. Sibutramine was found in tablets. I wrote an explanatory note in which I indicated that I had taken the pills for the second time, except that now I have another package with pills from another seller on my way. I didn’t know that they contained sibutramine..

(No longer explanatory) I did not know that they contain sibutramine, in addition, this is not indicated either on the product page, or in the description and characteristics of the product, or on the packages that came. The tablets that are “on the way” now generally contain another active substance – HCA (hydroxycitric acid). It is not prohibited. But the police scared me so much that I’m already afraid to pick up the package!

In connection with the above, there are several questions:

1. Why is Article 234 imputed? I ordered for myself. I didn’t sell to anyone, didn’t give it to anyone, didn’t give it in my hands, didn’t put up sales announcements, in general, nobody knows that I ordered them. Besides, I didn’t get them at all….

2. Can they re-qualify in article 226. In this regard, the question is: how can I control the composition of dietary supplements, if the seller intentionally or unintentionally hides it. In my opinion, the customs should perform this function and “unfold” back parcels with prohibited contents and make claims to the sender. (At least, this is done with legal entities. She herself was engaged in foreign economic activity, and sent industrial products, limited to movement by licensing and certification). That is, thank you customs for not allowing me to be poisoned, but I have something to do with it.?

3. Initially, she was not going to hide anything from the organs, so she told about the previous and future parcels. Did I do it right or wrong? I did not pursue any criminal intentions, I did not plan to receive any commercial benefits.

The explanatory letter has been sent back to Novosibirsk today. What should I do next? Find out about the progress of the case? Will there be some kind of investigation? Will there be a court or this criminal article will hang in my personal file. What to do with the package I should receive?

And in general, how can I avoid punishment if I do not have seller verification tools? I can’t even do laboratory tests of dietary supplements. These are not drugs, and neither in Russia nor in China they are not subject to any clear regulation. In addition, there is also a letter in China (I think the Ministry of Health is 2012) stating that they are stopping the production and use of sibutramine. How could a substance get into my package, which “supposedly” is not in the country? What should I do?

I apologize for the pun, these are emotions. In general, I am a law-abiding citizen, and I do not use or sell any prohibited substances. I don’t even drink or smoke. Therefore, I am a little shocked by what is happening and am afraid to “do business” in a panic!

Thank you in advance!

Lawyer Irina Vladimirovna Khrunova answers:

Hello. Of course, a lawyer should be consulted BEFORE you go to the police, not after. And anyone, even a law-abiding person, should go to the police with a lawyer, if there is such a financial opportunity. I do not recommend that you pick up the third parcel from the post office, as now it can serve as a “dummy duck” to tie you to a criminal case. Don’t go and pick up, stay away from post office and couriers. As for your explanations that this premise was the second, it would be better if there were no such explanations. But since you have already given them, there is nothing to be done. In the end, responsibility comes only when there are results of an examination that these tablets contain a prohibited substance. The pills that you have already taken and which are not available may not contain the prohibited substance. If now there is no way to deny the fact of ordering tablets at all, then you have chosen the right line of defense. If the tablets are on sale, the site is not blocked as prohibited, the seller does not indicate the presence of illegal drugs, then you have no way to check its legality. And stay on this. Drug-related crimes can only be committed with intent. That is, a person must know that these pills contain a potent substance and be willing to sell them. There was no intent in your actions, because you simply did not know about the prohibited substance, and were absolutely sure of the legality of the pills. I can’t say anything about the prospects of the case and the qualifications, I have to read the decision to initiate a criminal case.

04/11/2017

No. 11286

Proviron (Mesterolone) – Anabolic.org

Igor asks

(potent)

if a parcel arrived with an AC not from Belarus and the employees came up, do they have the right to take it to the department or not? parcel for personal use.

Answers the head of the paragraph:

Hello.

It is forbidden to trade in potent substances and, in general, to distribute them illegally. Acquiring them, storing, transporting them from place to place is not punishable either by the Code of Administrative Offenses or by the Criminal Code..

If the ordered comes from a seller located in the territory of the Russian Federation, there is no reason to attract for the purchase of anabolic steroids. Theoretically, they can be detained to clarify these circumstances, but upon clarification, they can be released.

04/11/2017

No. 11171

Dima asks

(strong, smuggled)

Hello. I have such a situation. I ordered anabolic steroids, strombafort and clenbuterol (drying course) from Belarus for personal use. As a result, when I received it in the mail with this parcel, the employees of the fskn took me in. The parcel and telephone were seized, allegedly for investigative actions. Passed an examination, I was summoned, they said in tablets in strombafort, they found a prohibited potent drug stanozolol. I knew initially that he was part of the pills, but that he was banned, I learned from the staff during interrogation. And that the parcel came from Belarus, I also found out when I received the parcel (it was written on it) I ordered through the website on the Internet and there is no information about it. The site itself is freely available. In general, they went through all of me at the post office, right in the lobby, called in experts, recorded everything and gave me a sign. I refused at first, but I was told that it was in my interests to sign everything and facilitate the investigation in order to mitigate the punishment. As a result, I read it when I saw that it was written that I supposedly knew what I said from Belarus, but I didn’t know what they answered me about ignorance of the law, and so on that this does not exempt me from responsibility, and so on. In the end, I signed it, we went to the police station there, they still pissed me off for an hour and a half. As a result, they let go and gave a spine a notice of attendance at a certain date. I came and said that the examination was over and the drug was banned. And what is a particularly large volume, but how can this be? There are only 180 tabs of strombafort (stanozolol) in the package. I was allegedly told about 17 grams. But I counted 180 per 10mg in each, I got 1.8 grams. According to the list, stanozolol large volume from 2.5 g. Maybe I somehow think it wrong. Tell me please. Then we waited for the investigator, but we didn’t wait for her to drive up. I asked to make copies of everything I signed so that I could go to a lawyer with something, but I was refused. Is this how it should be? Is this legal? In general, they did not give me anything and did not show me anything. Only in words. And the opera also said about article 226 contraband, as I understand it. About a term of 3 to 7 years, a fine of up to 1 million, etc., or if I assist the investigation, then perhaps at best they will give three years probation. This is the case? I do not understand what I have violated? Article turnover and sales are strong. and poisonous, it seems like not about me, I didn’t sell, but bought for myself. And as far as I know, the purchase of steroids for myself is not punished. Even prohibited. And if from abroad even is it a crime? In Russia it is not punished but ordered from Belarus and what is the criminal? Explain, please, can I not understand something? In the end, they told me they would call back and when the investigator could meet they would call me. Specifically, I did not understand and did not see anything. How should I deal with them? With operas. What can be said what is not. How serious is this? Why is the examination over for drugs over and the phone is not returned? How long can all this last? And what threatens me? Thanks in advance.

Answers the head of the paragraph:

Hello. The situation is confusing. Article 226.1 of the Criminal Code provides for liability for the smuggling of potent substances, regardless of their quantity. Indeed, the Criminal Code has a provision on the large size of potent substances, but it is applied for the purposes of Article 234 of the Criminal Code (sale of potent and poisonous substances). For the smuggling of these substances, the sanction is from 3 to 7 years, including for large amounts. Decree of the Government of the Russian Federation of December 29, 2007 No. 964 establishes two principles for classifying drugs as potent and determining their size: 1) a substance must be included in the List or such a substance must be the only active component of a drug (do not apply to potent drugs that include, in addition to a potent other pharmacologically active components not classified as such); 2) the size of a substance directly included in the List, or which is a mono-drug, is determined by the entire weight of the drug, including neutral fillers.

If you had a medical indication for the use of this drug or drugs identical to it, then you could relax. Resolution of the Constitutional Court of the Russian Federation of July 16, 2015 No. 22-P on complaints of citizens of the Republic of Kazakhstan Nedashkovsky and Yakovlev established: “To recognize the provision of Article 226.1 of the Criminal Code of the Russian Federation, which establishes criminal liability for smuggling of potent substances that does not comply with the Constitution of the Russian Federation, its Articles 19 ( Part 1), 54 (Part 2) and 55 (Part 3), to the extent that this provision – in the presence of an uncertainty leading to its arbitrary interpretation and application of legal regulation of the procedure and conditions for movement by individuals across the State border of the Russian Federation with states – members of the Customs Union within the framework of the EurAsEC of potent substances that are part of medicines and are not narcotic drugs, psychotropic substances, their precursors or analogues, – does not imply the possibility of taking into account the specifics of their movement carried out by individuals for personal use, and does not allow these persons to realize the socially dangerous and unlawful nature of their actions and to foresee their criminal-legal consequences “.

Although, in order to understand this text, it must be read four times, the general meaning is this: there is no criminal liability under article 226.1 of the Criminal Code for potent drugs sent from Belarus to the Russian Federation, provided they are intended for personal use..

As you can see, the Resolution of the Constitutional Court does not speak of a compulsory medical appointment. But the amendment to Article 50 of the Federal Law “On the Circulation of Medicines” (amended by the law of June 2, 2016 No. 163-FZ), adopted on the basis of this resolution, requires a documented confirmation of the appointment of these medicines to an individual. If such documents exist, there should be no questions. See also the answer to question no. 10127 and other consultations under the headings “potent” and “smuggling”.

03/15/2017

No. 11113

Denis asks

(potent)

good day!

Tell me what to do in this situation: I ordered various goods from Thailand in the online store. I collected a lot of things and the package is big … The package came to the post office but with a Customs notice. Among the ordered goods there are diet pills (Lida) – one package that contains Sibutramine (this was told to me by the Customs officers after I gave them information about the contents of the parcel. When I made the order I did not even know that they were prohibited for import. Customs says that if the parcel will receive an examination and a criminal case. What should I do? – do not pick up the parcel or you can still somehow get the parcel and, for example, immediately destroy these tablets?

Tell me how to be? Is one package of such pills enough to fall under the article on the smuggling of potent substances??

Answers the head of the paragraph:

Hello. The case is not unique, there are already quite a few criminal cases on sibutramine. I can only console you that no one is really imprisoned, although I may not know everything.

Since the acquisition and storage of potent substances is not punishable, it turns out that if you purchased this dietary supplement in Russia, then there would be no consequences. And getting from abroad is smuggling.

In my opinion, the most correct solution to this situation would be the application of Article 14 of the Criminal Code, according to which, an action is not considered a crime, although formally it contains signs of any crime, but due to its insignificance does not pose a public danger.

About sibutramine and the affairs associated with it, we wrote in detail some time ago. I give a link to the heading “potent”, see there No. 10567, 7472, 7452.

27.02.2017

No. 11100

Dmitry asks

(potent)

Hello. I want to buy clenbuterol at the pharmacy, but I have no prescription, can the pharmacy staff complain to the authorities, and is there any liability for trying to acquire a potent substance without a prescription?

Answers the head of the paragraph:

Hello. Clenbuterol is not classified as a potent substance. But even if it was attributed, responsibility for the acquisition and storage without the purpose of selling potent substances has not been established – neither criminal, not administrative.

27.02.2017

No. 11074

Michael asks

(potent)

Hello! The situation is this, I ordered testosterone enanthate in an online store, and when the track code was sent, it turned out that the message was coming from Belarus, now I’m afraid to take it. I read the forums and came across messages from the supposedly opera on these very cases. So he writes that it is the testosterone ester that is not SDB, the list of SDB contains 1 – testosterone, its isomers and esters. There, people also found clarifications from the Ministry of Health regarding testosterone esters, that it does not belong to the SDV. Actually, the question is, is this really so? And can I not be afraid of getting an article for this contraband?

The expert of the Bureau “Version”, Ph.D. Marina Yurievna Kushniruk:

Hello. Testosterone enanthate is an ester of testosterone, in the body it is very easily converted into estrogens – female hormones. Therefore, when taking testosterone enanthate, antiestrogen therapy is prescribed. The assignment of testosterone enanthate to potent substances is an ambiguous question. If desired, they can attract, since “testosterone esters” are on the list.

02/20/2017

No. 10945

Eugene asks

(potent)

Hello! I want to buy in Russia the anabolic steroid “stanozolol”, which is included in the list of prohibited potent substances, for personal use. Knowing that there will be no criminal responsibility for this. One tablet of stanozolol accounts for 10 mg of active ingredient. The large size of this drug is considered to be a weight of 2.5 grams..

Question: large size 2.5 grams. the weight of the active substance itself or the weight of the tablets as a whole (together with starch, sucrose, etc.)?

Answers the head of the paragraph:

Hello. According to the Decree of the Government of the Russian Federation of December 29, 2007 No. 964, potent substances include “all dosage forms, mixtures and solutions, which include at least one substance listed in the list of potent substances for the purposes of Article 234 and other articles of the Criminal Code of the Russian Federation” … With regard to drugs, this category includes only those whose composition contains only one pharmacologically active substance. As for the size, the following is established: “for a dosage form, mixture and solution, the coarse size is defined as the coarse size of a potent substance contained in the dosage form, mixture or solution for which the smallest coarse size is set, based on the total amount without conversion to the active substance.” .

01/29/2017

No. 10927

Asks Maxim

(smuggling, potent, anabolic steroids)

previous No. 10901

Good day!

Thank you for answering my question. I forgive my importunity, but I would like to clarify the following: on the basis of what regulatory documents scientific consultant K.S. Kuzminykh? does this event refer to smuggling? Veda, the example that you gave (from 16-ФЗ 10.01.2006) rather confirms the opposite. As I understand it, if there is no procedure for passing through customs, then there is no contraband?

It’s just that this question is very relevant. The order comes from the territory of the Russian Federation, which is what the seller’s website warns about. But is it so safe?

Thanks in advance!

Answers the head of the paragraph:

Hello. Yes you are right. Previous advice is controversial. Because even in our narrow circle there are two points of view on this problem. After all, we love laws that can be like a tongue. Exactly what you asked (say “yes” or “no”) – it is impossible to say. The situation may be as follows: first there will be a case of smuggling, as K.S. Kuzminykh promises, and then in court it will be necessary to make calculations from a dozen laws, proving that Article 226.1 in this case should not exist (I tried to substantiate this point of view in the previous answer). If you are satisfied with this prospect…

20.01.2017

No. 10906

Asks Gnbwf

(potent)

Hello. On one of the forums, I wanted to show myself knowledgeable, and wrote in correspondence that I used steroids, and I know about the courses. Although I didn’t actually use it. And I copied all the titles and courses from various sites. But I learned that the authorities track such communications. In fact, I didn’t buy when I didn’t, I didn’t stay late, and in general I didn’t have any connection with illegal drugs. Tell me, can law enforcement agencies bring me to justice for what I wrote that I allegedly accepted.

Answers the head of the paragraph:

Hello. Do not be afraid. There is nothing in your correspondence that would interest the authorities. The purchase and use of potent substances is not punishable. If, of course, this is within the borders of the fatherland. But even if you wrote that you bought them in New Zealand, this is not enough not only to initiate a criminal case, but also to arouse interest..

17.01.2017

No. 10901

Asks Maxim

(smuggling, potent, anabolic steroids)

Good day. Please answer my question in at least yes / no format. Is the shipment of AAS (anabolic steroids) from Kaliningrad to Yekaterinburg a contraband, after all, crossing the Russian border takes place. It’s just that the package is already in the mail, and it’s scary to receive it. Thank you in advance!

Answers the head of the paragraph:

Hello. The issue is controversial. Yes or no – it is impossible to say. According to our scientific consultant K.S. Kuzminykh, there is not even a question – there is smuggling (article 226.1 of the Criminal Code).

According to part 6 of article 16.2 of the Federal Law of 10.01.2006, No. 16-FZ “On the Special Economic Zone in the Kaliningrad Region and on Amendments to Certain Legislative Acts of the Russian Federation” “Sending postal items to the rest of the customs territory of the Customs Union and customs clearance customs transit procedures are carried out in the presence on the postal documents accompanying postal items and documents confirming the status of goods, the mark: “Goods of the vehicle. Export is allowed”, affixed by an official of the customs authority located at the place of international postal exchange in the city of Kaliningrad, and certified by an imprint personal numbered seal with date and signature. In the absence of marks on the documents, the customs authorities located at checkpoints across the State border of the Russian Federation in the Kaliningrad region shall return such mail items to the place of international postal exchange in the city of Kaliningrad for customs control and, if necessary, for performing customs operations established by this article. “.

But on the other hand, in the same article of the same law, part 7 establishes that “the provisions of this article do not apply to goods for personal use sent by individuals.” This means that customs procedures do not apply to such shipments. But crossing the state border most likely takes place, and therefore the composition of Art. 226.1 of the Criminal Code.

14.01.2017

No. 10864

Andrey asks

(strong, forwarding)

Good afternoon, I ordered stanozolol and clenbuterol from Belarus, then I found information that this is ADD and from Belarus you can get on 226.1. He wrote to the seller, he does not answer, but as far as I understand, the package has not been sent yet. What should I do next After reading your advice, I realized that the main thing is not to track it and not come to pick it up, just delete the correspondence. The question arose in what can come to the post office when the parcel arrives and say that I know nothing about it and write a refusal? And another question if I just don’t go to pick it up, but they come to my house and ask about the package, how should I behave and what should I say to them? Thank you.

Lawyer Arseny Lvovich Levinson answers:

Hello. Indeed, it is important to refuse an order made, this means a voluntary rejection of the crime. According to article 31 of the Criminal Code of the Russian Federation “1. Voluntary renunciation of a crime is a person’s termination of preparations for a crime or termination of actions (inaction) directly aimed at committing a crime, if the person realized the possibility of bringing the crime to an end.

2. A person is not subject to criminal liability for a crime if he voluntarily and finally refused to bring this crime to an end. “

The order of the violent is a preparation for a crime, since you voluntarily refused to bring the crime to an end, you are not subject to criminal liability.

It will be best if the seller does not send the package and refund the money for the order. If the parcel is sent, then, on the one hand, it is desirable to have evidence that you refused the order, on the other hand, the receipt by law enforcement agencies of your correspondence with the seller may not be interpreted in your favor. But you can, for example, save a copy of the correspondence (screenshots) to an encrypted medium.

And, of course, you don’t need to go to the post office when the package arrives. You can go in advance and write a refusal to receive a postal item like this: “a postal item from Belarus should come to my address. I refuse to receive it and upon its receipt I ask to return it to the sender or destroy it “.

You don’t have to go to pick up the parcel, but you may receive notices from the post office, but after 30 days they will be sent back. According to paragraph 34 of the Rules for the provision of postal services, approved. Order of the Ministry of Telecom and Mass Communications of the Russian Federation No. 234 of July 31, 2014, “Postal items and postal orders, if it is impossible to deliver (pay) them to addressees (their authorized representatives), are stored in postal facilities for 30 days from the date of receipt of the postal item at the postal facility. The storage period for postal items and postal orders can be extended at the request of the sender or addressee (his authorized representative).

If the addressee does not appear for the postage and postal order within 5 working days after the delivery of the primary notification, a secondary notification is delivered to him and handed over against receipt.

The addressee (his authorized representative), and in the case of a return, the sender may be charged a fee for storing the registered postal item for a period of more than one working day after the delivery of a secondary notification with an invitation to the postal service to receive the postal item (not counting the day delivery). The storage fee is determined in accordance with the tariffs set by postal operators.

After the expiration of the established storage period, ordinary written correspondence not received by the addressees (their authorized representatives) is transferred to the number of unclaimed postal items. Registered postal items and postal orders not received by the addressees (their authorized representatives) are returned to the senders at their expense to the return address, unless otherwise provided by the agreement between the postal operator and the user. If the sender refuses to receive and pay for the shipment of the returned postal item or postal order, they are transferred for temporary storage among the unclaimed ones. “.

12/22/2016

No. 10778

Vova asks

(strong, smuggled)

Good evening! I ordered an AU for personal needs from the Republic of Belarus, after I found out what problems it poses to me … If I don’t pick up the parcel, can I be held liable? Thanks in advance.

Answers the head of the paragraph:

Hello. This question arises constantly, and there is no common point of view on this problem, incl. and among our consultants. The fact is that the investigating authorities prefer to consider the crime of “contraband of potent substances” as formal. Those. consider the crime completed after the smuggled goods cross the customs border. If the accusatory bias did not prevail in our entire judicial / law enforcement system, the most correct thing would be either not to receive the package, or even write a refusal from it. I will not give all the arguments for and against such a recommendation, look carefully at the consultations under the heading contraband. The only thing I can summarize is that even if you do not receive a parcel (which is better than receiving), this will not guarantee that a criminal case will not be initiated.

07.12.2016

No. 10770

Natalia asks

(potent substances, contraband)

Hello. Today, at the Russian border, a husband, who is a citizen of Ukraine, was detained for transporting a steroid containing a potent substance stanozolol (one pack, 50 tablets) for personal use. His mother is a citizen of the Russian Federation and can provide a certificate stating that he will live with her if the measure of the note is conditional imprisonment. Question: is it legitimate for the authorities to accuse him of smuggling a potent substance? And how else can we help, in addition to the mother’s certificate?

Answers the head of the paragraph:

Hello. Formally, there is a strong contraband, there is nothing you can do about it. Apparently, it is necessary to focus on ensuring that a preventive measure is appointed before the trial, any other than detention (this can be house arrest, a written not to leave, a bail …). For more details see frequently asked questions # 2, 10, 15

06.12.2016

No. 10705

Ruslan asks

(potent)

Good afternoon, if you received a parcel from the Russian Federation with steroids, several packages for personal use, can this be interpreted as an acquisition for the purpose of sale?

Answers the head of the paragraph:

Hello. The acquisition of potent substances in itself is not punishable. The accusation of storage for the purpose of sale is possible only if there is evidence of such: the results of wiretapping of negotiations and control of messages, operational observation, testimony of witnesses, etc..

11/19/2016

No. 10655

Sergey asks

(strong, smuggled)

I ordered the substance testosterone enanthate in powder, like raw materials from China (as I understand it, it is not on the list of potent ones). The cargo went for a long time, I decided not to accept it. After that, the customs service handed it to my relatives at the place of registration and seized it. I have no correspondence with the sender and the fact of payment for the goods. The cargo was sent to my full name, the address of registration was indicated, there was also a contact number. Customs asks me to explain what it was denied because I did not receive this cargo. Now they are promising a summons. I plan to come to the meeting with lawyers and refuse to testify. I want to hear your advice.

Thank you in advance

Answers the head of the paragraph:

Hello. Who ordered and where the correspondence was from is a matter of proof, there is nothing to advise here. As evidenced by judicial practice, testosterone enanthate is recognized as a potent substance. For example, the appeal ruling of the Sverdlovsk Regional Court dated July 8, 2016 in case No. 22-4947 / 2016 provides the following justification: “Testosterone enanthate is a testosterone ester (17-beta-hydroxyandrost-4-en-3-one). Testosterone (17-beta-hydroxyandrost-4-en-3-one) is an isomer of the potent substance 1-testosterone (17-beta-hydroxy-5alpha-androst-1-en-3-one), therefore, testosterone enanthate is a potent substance “.

Sergey asks

How you advise us to behave?

Answers the head of the paragraph:

If the case is not stopped, and you are prosecuted as accused of smuggling a potent substance, then one of the main arguments should be structured as follows: for example, the prosecution is right, claiming that the seized substance is an ester of another substance included in the Potential List. But how could you find out about this? If the drug was purchased as legal and did not have any instructions, in any case, did not have them in a language other than Chinese, then there are no grounds to accuse you of under article 226.1 of the Criminal Code. Otherwise, objective imputation will take place, which is unacceptable. From the wording of Article 226.1 itself, as well as a similar article on drug smuggling (Article 229.1 of the Criminal Code), it follows that an accusation is possible only if there is a direct intent to smuggle illegal substances, and this must be proven by the prosecution.

Practical advice (what to do?) Is tied, nevertheless, to details and details; from what “sewn” business and how much “white thread”. In this regard, it is better to listen to a lawyer if you trust him. If you doubt the conscientiousness and competence of a lawyer, then rather change him. It’s your right.

09.11.2016

No. 10654

Vasily asks

(potent)

Hello, I am interested in this question, I want to order Danabol (Methandrostenolone) 1 blister = 100 tablets, for personal purposes in sports. The seller of the online store claims that even if an acceptance occurs at the post office, then due to 1 blister, no charges will be brought up and will simply be released, they say the punishment comes from the wholesale and for the purpose of sale. Is it true?

Answers the head of the paragraph:

Hello. I do not advise taking such risks. Methandrostenolone is included in the List of Potent (Decree of the Government of the Russian Federation of December 29, 2007 No. 964). You cannot be sure that the sender is in Russia. The darkness of the dark affairs, when ordered, not knowing where from and received contraband (article 226.1 of the Criminal Code). Moreover, 100 tablets of Danabol (Methandrostenolone), as far as we could find out, is about 10 grams, and the large size for the purposes of the UK is 2.5 grams.

09.11.2016

No. 10572

Anna asks

(potent)

Good day! For my personal use (husband) I need to purchase 2-3 packs (5 ampoules each) of Deca-Durabolin. Sending and receiving on the territory of the Russian Federation, but then you need to take it with you.

Please clarify if there are any obstacles and risks on the territory of the Russian Federation (including at the customs at Pulkovo, St. Petersburg)?

Thank you.

Answers the head of the paragraph:

Hello. The active substance of the drug deca-durabolin is the potent substance nadrolone, for the illegal sale of which criminal liability is provided (article 234 of the Criminal Code). No liability has been established for the acquisition, storage and transportation of potent substances, if these actions are not performed for the purpose of marketing. A condition for legal use is a medical indication supported by a corresponding medical document, duly certified. It should also be borne in mind that sales are understood as any forms of transfer from one person to another, so the one who uses them for medical reasons should purchase. It is not clear what you mean by the words “then you have to take with you.” A properly unregistered movement of potent substances across the customs border is considered smuggling and is punishable under article 226.1 of the Criminal Code up to 7 years in prison.

26 October 2016

No. 10567

Natalia asks

(potent)

Hello! Help me please! I was detained by the drug control service while selling diet pills “bilight and bomb” in the department, an examination was made, money for the sale and the phone were seized. The pills were sent for examination (the examination showed that the bomb contained sibutramine but not in the bilayte) she did not write a confession, but she cooperated with the investigation and said that she herself had brought 8 packs from Kazakhstan and decided to sell because money was needed. Houses have seized 4 packs. I confess my guilt, but I did not know what sibutramine was contained because I bought the pills in an ordinary Tebet store in Kazakhstan. What threatens me for this? A 10-month-old baby is in my arms. A month has passed since the police did not call me.

Answers the head of the paragraph:

Hello. And what is the guilt that you admitted? You write that you did not know about the content of sibutramine. And it was impossible to find out if it was not indicated on the package. As far as I understand, the police have no evidence of intent to distribute the drug with sibutramine. The crime provided for by Article 234 of the Criminal Code presupposes the presence of criminal intent. If someone buys a bottle of sunflower oil in a store, and it turns out to be hashish, is the buyer guilty? The fact that this article applies only if a person has criminal intent is stated in all comments to the Criminal Code issued by the Supreme Court, the Prosecutor General’s Office, the Ministry of Justice, the Ministry of Internal Affairs. So in the commentary to the Criminal Code edited by the Chairman of the RF Armed Forces VM Lebedev (Moscow: Yurayt, 2008) it is stated: “The subjective side of the crime is characterized by guilt in the form of direct intent. … A necessary condition for the subjective side of the crime is the person’s awareness that the substance is potent and not poisonous ”(p. 563).

26 October 2016

No. 10560

Alexander asks

(potent)

Hello. What could be the threat of receiving a COD parcel with 10 ampoules of tramadol in the mail? Parcel within the Russian Federation, not from abroad. Thank you!

Answers the head of the paragraph:

Hello. If you are sure that the parcel is not sent from another state, then the acquisition of a potent substance itself, to which tramadol is attributed, does not entail any consequences. Responsibility is provided for the sale and purchase and storage of potent substances for marketing purposes (Article 234 of the Criminal Code), as well as for their contraband (Article 226.1).

There is no responsibility for the acquisition of potent substances. However, there is a danger of qualifying the acquisition activities as being for the purpose of marketing. If such an option is excluded by circumstances, then good. Otherwise, for the acquisition for the purpose of sale, criminal liability arises under Article 234 of the Criminal Code.

10/25/2016

No. 10530

Asks S.

(strong, smuggled)

Hello, in connection with the change in the Decree of the Government of the Russian Federation of December 29, 2007 No. 964 “On the approval of the lists of potent and toxic substances for the purposes of Article 234 and other articles of the Criminal Code of the Russian Federation, as well as the large size of potent substances for the purposes of Article 234 of the Criminal Code of the Russian Federation “(Collected Legislation of the Russian Federation, 2008, No. 2, Art. 89; 2010, No. 28, Art. 3703; 2012, No. 10, Art. 1232; No. 41, Art. 5625; 2013, No. 6, Art. . 558; No. 9, Art. 953, No. 45 Art. 5831) and the introduction of such substances as Ostarine and GW1516 into the resolution, the following question arose: Will it be possible to order these substances from abroad and in what quantity, so as not to incur a criminal a responsibility? From the comments to the modified article, I realized that the use of these substances is not prohibited and is not pursued by law. Only marketing is prohibited. Because of this, all sites and stores that sold such orders from today began to close, but is it possible to order from abroad

Answers the head of the paragraph:

Hello.

The order of potent substances supplied to the territory of the Russian Federation from another state is considered not as an acquisition, but as the smuggling of potent substances, which entails liability under Article 226.1 of the Criminal Code.

19 October 2016

No. 10443

Danil asks

(strong, smuggled)

Hello! Again question 226.1 Smuggling. I ordered Turinabol for myself in August 2016, a package arrived from Belarus. Upon receipt, took with the parcel.

Part 1 of Art. 226.1 of the Criminal Code of the Russian Federation Smuggling of potent substances.

As it turned out, there were amendments to the Federal Law “On the Circulation of Medicines”, article 50, paragraph 1, subparagraph 1, dated 02.06.2016.

In connection with these amendments, the Resolution of the Constitutional Court of the Russian Federation of July 16, 2015 N 22-P “In the case of checking the constitutionality of the provision of Article 226.1” can no longer be applied.

As well as consultations given in questions No. 9693 and No. 10124.

Kindly give your assessment to the above.

Thank you. Regards.

Answers the head of the paragraph:

Hello. First of all, I would like to apologize for the mistake made in consultation # 10124. In the leapfrog of the last days of the work of the State Duma of the sixth convocation, when 50 – 80 laws were adopted per day, we did not notice an amendment to Article 50 of the Federal Law “On the Circulation of Medicines”, adopted by Federal Law No. 163-FZ of June 2, 2016. In full accordance with the Resolution of the Constitutional Court of July 16, 2015, the legislator clarified the rules for the import into the Russian Federation of medicinal products containing substances included in the lists of potent and poisonous. The import into the Russian Federation of such drugs for personal use by individuals is possible subject to the following conditions: “At the same time, the import into the Russian Federation of drugs containing potent and (or) poisonous substances included, respectively, in the list of potent substances for the purposes of the criminal legislation of the Russian Federation and in the list poisonous substances for the purposes of the criminal legislation of the Russian Federation, approved by the Government of the Russian Federation, is carried out in the presence of documents (certified copies of documents or certified extracts from them) confirming the appointment of the specified medicinal products to an individual (with the exception of medicinal products registered in the Russian Federation and sold in the Russian Federation) Federation without a prescription for a drug). Supporting documents (their certified copies or certified extracts from them) must contain information about the name and quantity of the prescribed medicinal product. In the event that supporting documents (their certified copies or certified extracts from them) are drawn up in a foreign language, a notarized translation into Russian is attached to them. “This is precisely the addition of the Law on Medicines by the Federal Law of June 2, 2016.

But in the consultations on this topic, to which you point, it was emphasized that due to the ambiguity of the Resolution of the Constitutional Court of 2015, ordering and receiving anabolic steroids from another state, including from Belarus, which is a member of the Customs Union, is fraught with the initiation of a case under Article 226.1. The law of June 2, 2016 entered into force on June 13 this year. From that day on, the initiation of a criminal case for the smuggling of potent substances is formally legal. Unfortunately, you ordered yourself anabolic steroids in August. So you have to think about extenuating circumstances and choose either defense tactics, or an admission of guilt and a special procedure for legal proceedings. Part 1 of Article 226.1 of the Criminal Code provides for from 3 to 7 years in prison, that is, the crime is recognized as serious.

In the absence of a criminal record, positive characteristics, under other extenuating circumstances, there is a chance for a suspended sentence. See Consultations # 2 and 10 in Frequently Asked Questions.

01.10.2016

No. 10384

Alexander asks

(potent)

good day!

I will be in Bangkok one of these days. There, steroid drugs are not prohibited, as we have and they can be bought at any pharmacy. Are you wondering if you can take them with you across our border? What are the risks?

Thank you in advance!

Answers the head of the paragraph:

Hello. Throw this idea out of your head, it will be the smuggling of potent substances (Article 226.1 of the Criminal Code of the Russian Federation). And if anabolic steroids are prescribed by your doctor, then there is no need to bring them from Bangkok, they are sold by prescription and in the Russian Federation.

17.09.2016

No. 10127

Asks Maxim

(strong, smuggled)

Hello, I ordered steroids in an Internet store, they accepted it at the post office, opened it there, took it to the office there, wrote what I ordered for myself, forced me to write voluntarily that I knew what I ordered from Belarus, although I did not know, and that I have no certificates for the permission of these drugs, as well as that I knew that these drugs are prohibited on the territory of the Russian Federation, then the protocol was briefly recorded on a video camera (I said everything myself), and they said that they would call soon after the examination and they would start a criminal case, they said that no big deal, there will be a maximum of a year of condition. I would like to know what I need to do now?

Answers the head of the paragraph:

Hello. I’ll tell you why they pull rubber. The fact is that the investigators are put in a difficult situation with the investigation of cases under Article 234 of the Criminal Code specifically in the part of anabolic steroids ordered in Belarus. Neither the investigators nor anyone else is able to understand whether Article 234 is in line with the Constitution in this part. Because the Constitutional Court, by its Resolution of July 16, 2015, on the complaint of citizens Nedashkovsky and Yakovlev, spoke out on this matter so cunningly and intricately that it can be understood in different ways. Moreover, if the event took place after the liquidation of the FSKN, then the police have even more such misunderstanding. Drug control contrived to investigate such cases. The police, as a rule, have not conducted such cases in recent years. Now, having inherited the “developments” of the FSKN, along with their inventors, they are now racking their brains about how to deal with such a case as yours. And it’s a pity to throw, after all, they caught it, and they don’t know how to “bring to mind”. Therefore, you, and better, of course, a lawyer, so that everything is legally reliable, you just need to submit a petition in which to ask to terminate the criminal case in accordance with the above-mentioned Resolution of the Constitutional Court, referring to the following conclusions of the Court:

“The legal acts of the Eurasian Economic Union do not establish any rules and special conditions for the movement across the State border of the Russian Federation from other countries of the Customs Union of medicines containing potent substances that are not narcotic drugs, psychotropic substances, their precursors or analogues, by individuals for the purpose of personal use, as well as any prohibitions in this area. Moreover, the indication contained in Appendix No. 2 to the Decision of the Board of the Eurasian Economic Commission dated August 16, 2012 No. 134 “On normative legal acts in the field of non-tariff regulation” indicates that the import of medicines (including unregistered ones) for personal use by individuals carried out without the permission of the authorized state body in the field of circulation of medicines of the state – a member of the Customs Union, unless otherwise provided by the legislation of the state – a member of the Customs Union, in itself does not guide the performance of any special procedures when importing potent substances from the territory of the state – a member of the Customs Union union to the territory of the Russian Federation.

In other words, the current legal regulation of the transboundary movement of potent substances that make up medicines does not contain rules that would unequivocally indicate the illegal nature of such movement by individuals for personal use on medical grounds..

Thus, the provision of Article 226.1 of the Criminal Code of the Russian Federation, which provides for criminal liability for the smuggling of potent substances, in the presence of an uncertainty leading to its arbitrary interpretation and application of the legal regulation of the procedure and conditions for movement across the State border of the Russian Federation with the member states of the Customs Union within the framework of the EurAsEC by physical by persons for the personal use of non-narcotic drugs, psychotropic substances, their precursors or analogues of potent substances included in the composition of medicines – allows criminal prosecution for an act, the signs of which are not defined with a sufficient degree of clarity by law and do not allow individuals, importing (exporting) such medicines for the indicated purposes, to be aware of the socially dangerous nature of their actions, to foresee their criminal-legal consequences, which is contrary to the principles of legal determined ness, equality and justice, as well as the principle of nullum crimen, nulla poena sine lege, and therefore does not comply with the Constitution of the Russian Federation, its Articles 19 (part 1), 54 (part 2) and 55 (part 3) “.

The only reason why these positions of the Constitutional Court, decriminalizing the import of anabolic steroids into the Russian Federation from Belarus, may not apply to you and protect you from criminal liability, is that you do not have a prescription or medical prescription for these drugs.

25.07.2016

No. 10124

Peter asks

(strong, smuggled)

He ordered “testosterone enanthate” and he came and RB, after receiving it, was accepted by people from customs, made a confession (what, I realized that it was forbidden and gave them this drug), I wrote there that, I saw all sorts of drugs on the Internet and decided to try , ordered from the site, in order to gain muscle mass for personal use, they said to write what I knew that came from Belarus (I told them what I did not know, they answered me that not knowing the law does not exempt from responsibility) and at the end wrote that I regret what I have done and continue to promise not to do this, which threatens me for it?

Answers the head of the paragraph:

Hello. I think there is a possibility that the case will be dropped. If it’s aroused. And if not, then maybe it won’t. See consultation No. 9693 under the heading “Potent http://hand-help.ru/doc2.5.html”

In addition to the clarifications referenced, as of today I confirm that nothing has changed since then. Legislators have not yet bothered to bring Article 226.1 of the Criminal Code in line with the Resolution of the Constitutional Court of July 16, 2015 No. 22-P. In your own words, the legal meaning of removing responsibility for such actions, that is, for the acquisition of potent substances, including from another state, is explained by the fact that the acquisition, storage of the same anabolic steroids in any quantities is not punishable, even if the seller distributes them in violation of the law … Unlike drugs, there is no responsibility for the purchaser. As well as responsibility for their use, even without a doctor’s prescription.

21.07.2016

No. 9693

Alexey asks

(strong, smuggled)

Hello, I ordered Sustanon 10ml for myself, as it turned out later it comes from the Republic of Belarus, whether it will be contraband and is it worth getting.

Answers the head of the paragraph:

Hello. I would advise against receiving, as the situation is uncertain. On the one hand, sustanon is a potent substance, the smuggling of which is prosecuted under article 226.1 of the Criminal Code..

On the other hand, there is the Resolution of the Constitutional Court dated July 16, 2015 No. 22-P “On the case of checking the constitutionality of the provisions of Article 226.1 of the Criminal Code of the Russian Federation in connection with complaints of citizens of the Republic of Kazakhstan O.E. Nedashkovsky and S.P. Yakovlev”. This resolution established: “To recognize the provision of Article 226.1 of the Criminal Code of the Russian Federation, which establishes criminal liability for the smuggling of potent substances that does not comply with the Constitution of the Russian Federation, its Articles 19 (part 1), 54 (part 2) and 55 (part 3), in that the extent to which this provision – in the presence of an uncertainty leading to its arbitrary interpretation and application of legal regulation of the procedure and conditions for movement by individuals across the State border of the Russian Federation with the member states of the Customs Union within the framework of the EurAsEC of potent substances that are part of medicines and are not narcotic drugs, psychotropic substances, their precursors or analogs – does not imply the possibility of taking into account the specifics of their movement, carried out by individuals for personal use, and does not allow these persons to realize the socially dangerous and illegal nature of their actions and to foresee their criminal consequences “.

An analysis of this resolution in the resolution of the Constitutional Court shows its uncertainty, since one of the conditions for criminal liability for the smuggling of potent medicines across the state border between the Russian Federation and the Republic of Belarus is the person’s awareness of the socially dangerous unlawful nature of his actions, as well as foreseeing their criminal consequences. … On this, as you understand, you can play.

And although the principle of the presumption of innocence does not oblige anyone to prove their innocence, you may be faced with the need to prove that 1) the drugs were intended only for personal consumption, 2) that you did not realize all the social danger of your actions, 3) that you did not foresee criminal law consequences of their actions. Of course, all this can be repulsed, but it seems to me better not to get involved.

04/14/2016

No. 9431

Roman asks

(potent)

Hello, I would like to know the current legislation in the field of potent substances, in one of the last posts you write that in the case of sending them across the border there is any violation, there are links to two sources, I would ask you to comment on this: http: // doc .ksrf.ru / decision / KSRFDecision202352.pdf

Reference to the ruling of the Constitutional Court of the Russian Federation on the recognition of Article 226.1 as unconstitutional.

http://government.ru/activities/21512/ signed draft law “on the procedure for importing diesel vehicles into the Russian Federation”.

Thank you in advance

Answers the head of the paragraph:

Hello. Essentially, so far, practically nothing has changed. The bill establishing the procedure for transporting potent drugs across the border for medical reasons has indeed been submitted to the Duma, but has not yet been considered even in the first reading. Since the project is governmental, it will most likely be adopted, but not earlier than autumn. We tried to understand the Resolution of the Constitutional Court on the verification of the constitutionality of Article 226.1 of the Criminal Code (regarding the smuggling of potent substances), since it is written very ambiguously.

Article 226.1 was recognized as unconstitutional only in terms of the movement of such medicines across the state border with the member states of the Customs Union. Read the operative part of the Resolution of the Constitutional Court of the Russian Federation of July 16, 2015 No. 22-P, where, among other things, it is written: “To recognize the provision of Article 226.1 of the Criminal Code of the Russian Federation, which establishes criminal liability for the smuggling of potent substances that does not comply with the Constitution of the Russian Federation, its Articles 19 ( Part 1), 54 (Part 2) and 55 (Part 3), to the extent that this provision – in the presence of an uncertainty leading to its arbitrary interpretation and application of legal regulation of the procedure and conditions for movement by individuals across the State border of the Russian Federation with states – members of the Customs Union within the framework of the EurAsEC of potent substances that are part of medicines and are not narcotic drugs, psychotropic substances, their precursors or analogs, – does not imply the possibility of taking into account the specifics of their movement carried out by individuals for personal use, and does not allow thispersons are aware of the socially dangerous and unlawful nature of their actions and foresee their criminal-legal consequences. “.

If you were able to wade through this text, you will be able to see that one of the conditions for recognizing Article 226.1 as unconstitutional, the Constitutional Court recognized only its application in cases when a citizen, acting in violation of this article, did not realize the illegal nature of his actions, and could not realize it. Such an evaluative recognition of the unconstitutionality of Law 6 does not allow us to unequivocally assert that even across the border of Russia and Belarus, potent drugs can be transported.

Although I think that prosecution for smuggling in the presence of a prescription and with an amount not exceeding personal needs is unlikely.

02/20/2016

No. 9388

Sergey asks

(potent, anabolic)

Hello, I ordered a parcel with AAS (steroids) by mail in Russia for my own use, the parcel goes from one city in Russia to another city in Russia. If I am “accepted” by the mail, what could I face for that??

Answers the head of the paragraph:

Hello. The purchase of potent substances is not punishable. Unless, of course, this is related to their distribution (sales purpose), as well as if you are sure that the seller is located within the Russian Federation. This does not mean that purchasing anabolic steroids in this way is safe, since suspicion of the purpose of sale may arise even when there is no such purpose..

02/15/2016

No. 9087

Eugene asks

(strong, smuggled)

Hello. Recently I ordered Danabol (60 tabs) exclusively for personal use via the Internet with delivery by mail. I thought that it would be expelled from the Russian Federation, it turned out from Belarus. I thought it was okay, but I read that it seems to fit the article. I looked on the mail website that the goods had already passed Bel., But not yet in the Russian Federation. What should I do? What is the probability that they will do something to me? And what will they do to me? I didn’t want to break the laws. How can I stay in law? How to make it not “accepted” by mail? Can they “accept”?

Answers the head of the paragraph:

Hello. The shipment of potent substances is illegal in any case. For more details, see # 9086 In the current situation, it would be prudent not to receive this package.

10/17/2015

No. 9086

Denis asks

(potent)

Hello, in April 2015, I was detained while receiving a postal parcel from the Republic of Belarus containing medicines containing potent substances (anabolic steroids). A charge was brought under Article 226.1, 10/12/2015. the trial will take place (the next one – at the first the judge decided to return the case for further investigation, then the prosecutor filed an appeal).

Now on your website I found a resolution of the Constitutional Court on the recognition of Article 226.1 as non-constitutional in terms of movement by individuals, across the border, of drugs containing potent substances for their own use. I ordered the drugs through the Internet site from the Republic of Belarus, exclusively for my own use (I played sports), the delivery was carried out by mail.

My case falls under the resolution of the Constitutional Court on the recognition of Art. 226.1 non-constitutional?

It turns out that the criminal case can be terminated?

If so, how can I finish this off? The judge probably does not know about the existence of the Constitutional Court ruling, the lawyer was appointed by the State, he only asks to attach his application for payment to the case – you will not hear anything else from him.

Thank you in advance!

Answers the head of the paragraph:

Hello. In the heading “potent” there are already several answers to the question (see, for example, No. 8962) whether the Resolution of the Constitutional Court of July 16, 2015 No. 22-P will affect the situation of those who are convicted or accused of smuggling anabolic steroids within the Customs Union (i.e. e. including from Belarus). The Constitutional Court has outdone itself in the ingenuity of this Resolution, which can be interpreted this way and that. But the Constitution teaches us that any doubts are interpreted in favor of the accused. This principle also applies to those who are not yet accused. And from the said resolution of the Constitutional Court, despite all its intricacy, it follows that:

At present, until the procedure for the transportation of potent drugs within the borders of the Customs Union (RF, Belarus, Kazakhstan) has been established, such actions do not entail criminal liability. This follows from the systemic understanding of the Constitutional Court Resolution and the Law “On Circulation of Medicines”. The resolution of the Constitutional Court established that “pending the introduction of the necessary changes arising from this Resolution into the current legal regulation, the movement across the State border of the Russian Federation with the member states of the Customs Union within the framework of the EurAsEC of medicines, which include potent substances that are not narcotic drugs, psychotropic substances, their precursors or analogues, by individuals for personal use must be carried out subject to the conditions established in accordance with the Federal Law “On the Circulation of Medicines” “.

And according to Article 50 of this Federal Law, “drugs may be imported into the Russian Federation without taking into account the requirements provided for in parts 1 – 4 of Article 47, Articles 48 and 49 of this Federal Law, if they are intended for: personal use by individuals arriving in the Russian Federation “. The exclusion of the above requirements means that potent medicines for personal use can currently be transported from Belarus to the Russian Federation freely. As for sending by post, there is a prohibition on the sending of potent agents established by Article 22 of the Federal Law “On Postal Communication”. Thus, the transfer of anabolic steroids both within the Russian Federation and from the territory of Belarus is illegal. But such a violation should be qualified as a violation of customs and postal rules, and not as a smuggling of potent substances..

10/17/2015

No. 9070

Asks D

(strong, smuggled)

Guys help. About four months ago I took a parcel with steroids from the Republic of Belarus, like everything according to Neznanka! Today I received a notification that a telegram was in the mail, allegedly I was being summoned to court as a witness. When I signed my data on the mail with errors I wrote, help with advice!

Answers the head of the paragraph:

Hello. First of all, keep in mind that rumors about the recognition by the Constitutional Court of responsibility for the smuggling of anabolic steroids that do not comply with the Constitution are greatly exaggerated. The Constitutional Court, in its Resolution No. 22-P of July 16, 2015, wrote something unimaginable – they say, in some part this article contradicts the Constitution, and in some it does not, but in what part it is difficult to say.

Being summoned as a witness, a citizen in such a situation risks leaving the office as the accused. And it’s good if you go out, you can stay there. Although I will not frighten you – under Article 234 of the Criminal Code they are taken into custody very rarely. I advise you to exercise the right of a witness to appear for questioning with a lawyer.

See also answer # 8962 on the page Potent.

14.10.2015

No. 9025

Andrey asks

(potent)

Good day . I bought potent substances from China not in finished form. And in the form of a powder. The mail was accepted. Right now, they have done an examination and they say that this is nothing in the lists of potent drugs from abroad. They say it is allowed there, but here only it is forbidden. And right now they tell me that by 226.1 you do not pass but pass by another already inside the country. And here I read that for the acquisition and storage for personal purposes nothing happens. How to be ?

Answers the head of the paragraph:

Hello. You have the right to know, like any suspect or accused (if you are), on what and on what grounds (i.e. on the basis of which article and what part of this article) you are suspected / accused. It is very likely that you are being “sewn” storage for the purpose of marketing (Article 234 of the Criminal Code). If there really is a criminal case, then you should have been served with a copy of the order to initiate a case, or a copy of the detention protocol, which indicates the imputed article of the Criminal Code.

28.09.2015

No. 9020

Asks B.

(strong, smuggled)

Hello. I was detained at the border by drug control; I was transporting testeterone propianate 19 ampoules and stanazol 49 tabs, these are highly active substances, I, when explaining p. 228, voluntarily showed that I was translating in the future, I collaborated with the investigation, a confession, there was a court appointed the house of Orest because my stepfather was softening gr, The Russian Federation is very sick, goes to hemodealez, a special court was appointed, then the court was canceled and said the general court wakes up, the prosecutor wakes up like asking for a fine of 50 thousand I don’t have them, that in this situation I have to wait and a preventive measure is not connected with imprisonment, I Ukrainian mother is also married to group ry so.226.1

Answers the head of the paragraph:

Hello. The likelihood of choosing a preventive measure not related to detention will be more realistic if someone from your relatives who have housing in the Russian Federation submits to the court an obligation to provide you with the opportunity to live on their living space.

25.09.2015

No. 8968

Asks Vyacheslav

prev. No. 8967.

Tribulus is just a dietary supplement, but still, for the sale of dough-boosters containing tribulus or tribulus in sports departments where other dietary supplements related to sports nutrition are sold, is there any responsibility or are they allowed to trade ??? Resolution of the Federal Service for Supervision of Consumer Rights Protection and Human Welfare No. 73 dated 08.12.2009.

Answers the head of the paragraph:

Hello. There is article 238 of the Criminal Code “Production, storage, transportation or marketing of goods and products, performance of work or provision of services that do not meet safety requirements.” There is also Article 238.1 of the Criminal Code “Circulation of counterfeit, substandard and unregistered medicines, medical devices and circulation of counterfeit dietary supplements.” There is article 14.4 of the Administrative Code “Sale of goods, performance of work or provision of services to the population of inadequate quality or in violation of the requirements established by the legislation of the Russian Federation.” There are a number of articles of Chapter 14 of the Administrative Code on offenses in the field of entrepreneurial activity, which, depending on the specific circumstances, can be applied in case of violations of the rules for the circulation of goods, including those related to dietary supplements. Finally, there is article 6.33 of the Administrative Code, which entered into force in 2015, “Circulation of falsified, counterfeit, substandard and unregistered medicines and circulation of counterfeit dietary supplements”.

09/14/2015

No. 8967

Asks Vyacheslav

(potent)

Hello, I have a question regarding the sale of dietary supplements, which was previously banned for sale in Tribulus sports stores. Now it is freely available in sports stores and sports nutrition websites. He did not find specific information whether he was allowed for sale or not in the sports departments. What threatens for the sale of dietary supplements, namely with the content of tribulus? Also ephedrine containing fat burners of the IVF type. As I understand it, he was excluded from the strong illegal drugs falling under Article 234 of the Criminal Code of the Russian Federation

Answers the head of the paragraph:

Hello. In the Decree of the Government of the Russian Federation of December 29, 2007 N 964, which approved the List of potent substances, no changes were made regarding anabolic steroids.

09/14/2015

No. 8967

Asks Vyacheslav

(potent)

Hello, I have a question regarding the sale of dietary supplements, which was previously banned for sale in Tribulus sports stores. Now it is freely available in sports stores and sports nutrition websites. He did not find specific information whether he was allowed for sale or not in the sports departments. What threatens for the sale of dietary supplements, namely with the content of tribulus? Also ephedrine containing fat burners of the IVF type. As I understand it, he was excluded from strong illegal drugs falling under Article 234 of the Criminal Code of the Russian Federation

Answers the head of the paragraph:

Hello. In the Decree of the Government of the Russian Federation of December 29, 2007 N 964, which approved the List of potent substances, no changes were made regarding anabolic steroids.

09/14/2015

No. 8962

Michael asks

(potent)

Hello, according to the resolution of the Constitutional Court of the Russian Federation, Article 226.1 of the Criminal Code was found to be inconsistent with the Constitution. Can I, without fear for my freedom, receive a parcel from Belarus with anabolic drugs for personal use??

Answers the head of the paragraph:

Hello. I will not undertake to answer your question, and I think no one will risk it. After all, Article 226.1 of the Criminal Code was not recognized as inconsistent with the Constitution, it was not recognized as such in terms of potent substances. Finally, this article was not recognized as inconsistent with the Constitution and in terms of the smuggling of powerful substances that are drugs, including anabolic steroids. What did the Constitutional Court recognize in its Resolution of June 16, 2015, as inconsistent with the Constitution? Try to understand this unequivocally: “Recognize the provision of Article 226.1 of the Criminal Code of the Russian Federation, which establishes criminal liability for the smuggling of potent substances that do not comply with the Constitution of the Russian Federation, its Articles 19 (part 1), 54 (part 2) and 55 (part 3), in that the extent to which this provision – in the presence of an uncertainty leading to its arbitrary interpretation and application of legal regulation of the procedure and conditions for movement by individuals across the State border of the Russian Federation with the member states of the Customs Union within the framework of the EurAsEC of potent substances that are part of medicines and are not narcotic drugs, psychotropic substances, their precursors or analogs, – does not imply the possibility of taking into account the specifics of their movement carried out by individuals for personal use, and does not allow these persons to realize the socially dangerous and illegal nature of their actions and to foresee and х criminal consequences “.

In my opinion, an unambiguous interpretation is impossible here. Since the condition for the recognition of the article as unconstitutional and, accordingly, its non-application, is the subjective side of the act. An article does not comply with the Constitution if the person could not realize the socially dangerous and illegal nature of his actions and foresee their criminal-legal consequences. Meanwhile, according to Article 5 of the Criminal Code, a person is subject to criminal liability only for those socially dangerous actions and socially dangerous consequences in relation to which his guilt has been established. Thus, the Constitutional Court recognized Article 226.1 as inconsistent with the Constitution only for those cases when a person purchasing anabolics in Belarus does not know what he is doing.

10.09.2015

No. 8912

Asks Marina

(potent, smuggling, anabolic steroids)

Hello! My common-law husband was convicted under Article 226 note 1 (3 years) and 234 h 3 (half a year), has been serving since June 4, 2013, served 2.2 of 3.5 years. On July 16, 2015, Article 226 note 1 was declared unconstitutional. Despite this, on July 20, he was denied udo, neither the judge nor the lawyer knew that this article was now unconstitutional. We have now filed a petition under Article 10. He received steroids in a package from Belarus, there was no prescription. He is an athlete who has certificates and awards, acquired for himself, the investigator tried to impose sales because of the large size.

Can we count on his release?

Answers the head of the paragraph:

Hello. Yes, the case of your husband fully complies with the part of Article 226.1 of the Criminal Code, which was recognized as inconsistent with the Constitution by a resolution of the Constitutional Court. Your husband has already served the term appointed under Article 234. You did the right thing by submitting a petition in accordance with Article 397 of the Criminal Procedure Code (on the application of retroactive force of the law abolishing liability). But it would be more correct to appeal to the Chairman of the Supreme Court of the Russian Federation in the manner of part five of Article 415 of the CCP. According to the fourth part of Article 413 of the CCP, the recognition by the Constitutional Court of a law applied to a convicted person that does not comply with the Constitution is a new circumstance, which entails the mandatory initiation of proceedings in view of new circumstances. So I would advise, without waiting for the consideration of the petition by the district court, to send a statement to the chairman of the Supreme Court.

07.08.2015

No. 8877

Alexander asks

(potent)

Hello. I recently ordered anabolic steroids for my own use. I ordered it from the Republic of Belarus. At the place of arrival, I was \\\ “accepted.” I did not open the package. They opened it in front of me in the presence of two witnesses (well, everything is according to the rules) Of course, I denied everything, did not sign anything, \\\ “cut \\\” the fool. He said that I received a notification by mail, so he came to receive the package, but he himself did not order anything. Theoretically, knowing the address and full name of a person, you can order anything and for anyone. Therefore, he also claimed that I could have been framed.

Three weeks have passed, they have not heard, not even a call was heard.

Question: if something happened, (I think there is a considerable probability) how should I be, what to be prepared for, what is the provability of this case, what threatens me and what further actions you can advise me.

Thanks in advance for your reply.

Answers the head of the paragraph:

Hello. It is clear why they do not call: they are engaged in comprehending the Resolution of the Constitutional Court on this very issue (dated July 16, 2015, No. 22-P). The task is not easy. Because the operative part of the Resolution can be considered a model of uncertainty. Try to understand: “Recognize the provision of Article 226.1 of the Criminal Code of the Russian Federation, which criminalizes the smuggling of potent substances that do not comply with the Constitution of the Russian Federation, its Articles 19 (part 1), 54 (part 2) and 55 (part 3), to the extent that what is this provision – in the presence of an uncertainty leading to its arbitrary interpretation and application of legal regulation of the procedure and conditions for movement by individuals across the State border of the Russian Federation with the member states of the Customs Union within the framework of the EurAsEC of potent substances that are part of medicines and are not narcotic drugs , psychotropic substances, their precursors or analogs, – does not imply the possibility of taking into account the specifics of their movement, carried out by individuals for personal use, and does not allow these persons to realize the socially dangerous and illegal nature of their actions and to foresee their criminal rights new consequences ”. Since you can turn this wisdom in any direction, I advise you, in case they still remember you, print this Resolution and take it with you when communicating with the investigator. Read out and show the words “not in accordance with the Constitution”, as well as from the motivation part “The current legal regulation of the transboundary movement of potent substances that make up medicines does not contain rules that would unequivocally indicate the illegal nature of such movement by individuals for personal use on medical indications “.

28.07.2015

No. 8788

Lily asks

(potent)

Hello! help me please!

My husband was detained on May 14 during a test purchase with video and audio materials. Sold 100 pronabol-10 (each tablet contains methandienone 10ml) = 1 gram.

He worked as a gym instructor and took pharmacology himself, bought for himself by mail in Russia. In contact, a man came to him and asked to sell, he sold, then after a while he called and said that he wanted to buy more, but his acquaintances would come (as it turned out later that they were all employees of the Federal Drug Control Service). Arrested, taken out a preventive measure in custody until July 15. My husband is a citizen of Ukraine, he is legally married to me (I am a citizen of the Russian Federation), there is a 1 year old child (Russian Federation). There are also imperfect children. in Ukraine. He has a residence permit on the territory of Russia. In September, they wanted to apply for Russian citizenship. We live in Moscow ourselves, but are registered in the region. In Moscow we rent an apartment, have a lease agreement, positive characteristics from work and from neighbors.

Advise what can be done? How to help him avoid a real deadline, if nothing can be done, how long awaits him?

Answers the head of the paragraph:

Hello. Your husband is charged with the third part of Article 234 (attempted sale of a potent substance on a large scale). The sanction under this article, as little as any other article of the Criminal Code, provides for a wide range of punishments – from a fine from 5 to 120,000 rubles, to imprisonment for a term of 2 months to 8 years.

I believe that in order to alleviate the fate of your husband, it is necessary to decide (at least try to do this), firstly, to replace the detention with a milder measure of restraint (not to leave the place). Secondly, do not limit yourself to positive characteristics and try to submit petitions to the court for the appointment of your husband a punishment not related to imprisonment. At least from the place of work. For more information on challenging pre-trial detention, see http://hand-help.ru/doc2.1.17.html.

The first is directly related to the second. If the accused comes to court himself, and not be delivered by a paddy wagon, this significantly increases the likelihood that the punishment will not be associated with imprisonment.

12.06.2015

No. 8627

Alex asks

(potent: acquisition, anabolic steroids)

Good afternoon, I’m going to purchase via the Internet, from the territory of the Russian Federation, for

personal use nandrolone d in the amount of 8ml and sustanon in

the amount of 8ml. I will receive all this by mail. The question is what can be

if the sellers are employees, and what may be to me

presented ?

Answers the head of the paragraph:

Hello.

Are you sure that the departure will be from Russia? Otherwise, regardless of the amount, the crime will be “contraband of potent substances” (Article 226.1).

The acquisition of potent substances without the purpose of marketing is not punishable..

04/25/2015

No. 8587

Sergey asks

(powerful, labor rights)

Today, employees of the State Oil Company came to work and, with the permission of the management of our plant, began to carry out an examination for drug use. With the employees of the State Oil Company were two women in white coats, probably doctors, a foreman and the head of our workshop. Since I read your advice, I refused to take a drug test. As a result, the employees of the State Tax Committee drew up a protocol against me and told me that by my refusal I was committing another administrative offense – failure to comply with the lawful request of a police officer. In the protocol of an administrative offense drawn up against me “for disobedience”, the foreman and the head of the shop signed. Tell me please, what threatens me? the officers said that 15 days of administrative arrest.

Answers the head of the paragraph:

Hello The first question is whether the types of work you do, your profession, are included in the lists approved by the Government. These are the lists approved by the decrees of December 29, 2014 No. 1604 and adopted earlier of April 28, 1993 No. 377, of May 18, 2011 No. 394, of September 23, 2002 No. 695 and of January 19, 2008 No. 16.

If your job and profession are not included in any of these lists, it was not legal to require an examination or examination, if you did not have visible signs of intoxication. Administrative responsibility under Part 3 of Article 19.3 of the Administrative Code arises for disobeying a legal order or demand of an employee of the drug control authorities. And it is not legal if the job is not on the lists and if you are not intoxicated. If the employer believed that you are at the workplace in a state of drugs or other intoxication, then he was obliged to suspend you from work by recording or filing this circumstance.

Drug control officers like to refer to Article 44 of the Federal Law “On Narcotic Drugs and Psychotropic Substances”, which gives them the right to send them for examination, but not everyone in a row. According to this article, there must be sufficient grounds to believe that a person is intoxicated or suffers from drug addiction. So according to the law.

We must strive for it to be according to the law.

If (in connection with the above) there were no legal grounds in the actions of the FSKN employees, you have the right to appeal against the unlawful bringing to administrative responsibility to the prosecutor or to the court, using the above argumentation.

04/09/2015

No. 8584

Sergey asks

(strong, smuggled)

Good afternoon!

the question of the following content … I am a serviceman, for personal use I ordered steroids on the Internet from the Republic of Belarus …. upon receipt of the parcel I was accepted …. I wrote a confession and admitted everything … yes I ordered it … yes mine … I accept it as an athlete …. they are sewing an article on ADV smuggling … I am afraid of this incident to break my career …. how to be ??? … please tell me … thanks in advance for your answer…

Answers the head of the paragraph:

Hello. An admission of guilt practically guarantees that you will be convicted under Article 226.1 of the Criminal Code for smuggling the violent – from 3 to 7 years in prison. The punishment can be either conditional or real. But in both cases, according to subparagraphs “e”, “e1” of paragraph 2 of Article 51 of the Federal Law “On Military Duty and Military Service,” a soldier is subject to early dismissal from military service.

04/09/2015

No. 8569

Konstantin asks

(potent)

Good day! Could correspondence on social networks or smartphone apps that mentions drug use as a reason for being summoned for questioning?

Am I obligated to take a drug test based on this correspondence? Tell me how best to act in this situation?

Lawyer Vitaly Vladimirovich Mazur answers:

Hello.

Good day to you, Konstantin! Of course it can. I believe that since they are invited, they want to be interrogated as a witness. By virtue of Art. 56 of the Code of Criminal Procedure of the Russian Federation, a witness is a person who may be aware of any circumstances that are important for the investigation and resolution of a criminal case, and who is summoned to testify.

As for drug testing, such testing in the Russian Federation is voluntary, and no one has the right to force you to do this..

01.04.2015

No. 8565

Nikolay asks

(strong, smuggled)

Hello, what are the consequences for the export of SDV (trenbolone, testosterone) from Russia to another country for personal use ?

Answers the head of the paragraph:

Hello.

It will be the smuggling of potent substances, article 226.1 of the Criminal Code.

01.04.2015

No. 8532

Alexander asks

(strong: anabolic steroids)

Hello, a question about the acquisition of ADV in the AU category with hands for personal use. Is there any punishment of the Criminal Code of the Russian Federation? Do I face any punishment as a buyer? And what is meant by the law under the word sales of SDV, AS. And how to buy for yourself to be clean before the law. Thank you.

Answers the head of the paragraph:

Hello.

The acquisition and storage of potent substances without the purpose of selling them is not punishable either by the Criminal Code or by the Administrative Code. I emphasize – without a sales goal. In addition, purchases via the Internet are often contraband (Article 226.1 of the CC) if the seller is located in another state.

The sale of potent substances in judicial practice means the same as the sale of drugs: “Under the illegal sale of narcotic drugs, psychotropic substances or their analogues, plants containing narcotic drugs or psychotropic substances, or their parts containing narcotic drugs or psychotropic substances, it should be understood any methods of their repayable or gratuitous transfer to other persons (sale, donation, exchange, payment of debt, lending, etc.), as well as other methods of implementation, for example, by injection “(Resolution of the Plenum of the RF Armed Forces of June 15, 2006 year No. 14, p. 3).

In addition, an unfinished crime (preparation for sale, attempted sale) in relation to drugs is qualified through Article 30 of the Criminal Code, that is, in fact, as an unfinished crime. And an unfinished crime in relation to violent is qualified as finished, because the acquisition, storage for the purpose of sale is the corpus delicti (article 234 of the Criminal Code).

03/26/2015

No. 8493

B.V asks.

(strong, smuggled)

Good afternoon, is there any punishment for purchasing a drug that also includes ADD but not pure ADD? The drug is ordered from another country.

Answers the head of the paragraph:

Hello. According to the Government Decree of December 29, 2007 No. 964, which approved the list of potent substances, these include “all dosage forms, no matter what brand (trade) names they are designated, which include the substances listed in this list in combination with pharmacological inactive components “, as well as” all mixtures and solutions containing substances listed in this list, regardless of their concentration. ” It follows from this: 1. If a drug is not recognized as a drug in the Russian Federation, it is in any case considered a potent substance, regardless of the concentration of such a substance in a mixture or solution. 2. If a drug is classified as a drug in the Russian Federation, it is considered potent if, apart from the most potent, there are no other pharmacologically active components in its composition. 3. In the first and second cases, the order of such a drug from abroad will be the smuggling of potent (article 226.1 of the Criminal Code).

03/16/2015

No. 8480

Gerard asks

(potent: acquisition)

Hello, I want to order anabolic steroids for myself via the Internet, but after reading your thread, how the guys are accepted at the post office, something is scary, but yes, sending from Russia to Russia, that’s actually the question itself, how does the police know about what’s in the parcel? I apologize if off-topic, but I would be very grateful if you answer. Thank you!

Answers the head of the paragraph:

Hello. The acquisition of potent substances without the purpose of selling them is not punishable if the seller and the purchaser are within the Russian Federation. But this does not mean that the buyer, even if he buys only for himself, is not in danger. Without going through all the options, it is enough that the buyer becomes a witness because the seller commits a crime.

Since the sale of the strong is a crime, it means that operational measures can be carried out, including wiretapping, control of correspondence, which means that both the seller and the buyer will listen.

03/15/2015

No. 8472

Elena asks

(strong: tramadol)

Hello, what is the right thing to do with the medicine tramadol if you bought it with your own money, there is no social package, you need to hand it over? and who if needed

Lawyer Arseny Lvovich Levinson answers:

Hello. Tramadol is a potent drug, but not a drug. Its storage is not punishable. Therefore, it is not necessary to get rid of it, and if you need to throw it away, you can simply destroy it, but not throw it into the trash container, where someone can find it.

11.03.2015

No. 8454

Anna asks

(potent: acquisition)

Hello! Is there any liability for illegal (I took it from my hands and without a prescription) purchase of sibutramine drugs? I took a pack of 90 tablets of 15 mg. Now I’m very nervous and don’t know how to proceed. Help advice!

Answers the head of the paragraph:

Hello. No liability is provided for the purchase and storage of potent substances (if this acquisition is not for marketing purposes).

03/05/2015

No. 8445

Uliana asks

(strong, smuggled)

Hello, I have such a story: I ordered steroids on the Internet, 0.5 g in total, they had not yet arrived at the post office, and as it turned out they were coming from Belarus, I did not know that they would be sent from there. I’m not going to pick up the parcel from the post office. What can you tell me? Can I refuse it by mail? The sender is not going to recall the goods back, as he did not issue them in his own name. Thanks in advance for your reply

Alexey asks

Hello. Please help with the question. I received a parcel with steroids from Belarus, but I know for sure that the police can detain when receiving the parcel. If you do not pick it up from the post office, what wakes up? Thank you !

Lawyer Mikhail Leonidovich Zeldin answers:

Good day. Responsibility for the smuggling of potent substances is provided for by article 226.1 of the Criminal Code of the Russian Federation.

I can advise you to delete from your computer all the information related to ordering a parcel, and, of course, not to receive it. In this case, law enforcement agencies will not have a sufficient body of evidence of your involvement in the crime. Unless, of course, you yourself do not tell them about it.

More on this in answer # 8108.

02.03.2015

No. 8411

Oleg asks

(potent, marketing)

Hypothetically, if a person sends a friend by mail substances that are not narcotic, but related to potent drugs (in the category of anabolic steroids and drugs, which contain a small fraction of prohibited substances or substances for the purchase of which a special license is required) in the amount of one container for a couple of hundred tablets of 40 mg each for the personal use of the latter – is this a criminal act and is it worth fearing?

Answers the head of the paragraph:

Hello.

Yes, this can be considered as the sale of a potent substance (Article 234 of the Criminal Code). The same rule applies here as in relation to drugs: “Under the illegal sale of narcotic drugs … one should understand any means of their paid or gratuitous transfer to other persons (sale, donation, exchange, payment of debt, lending, etc.) , as well as other methods of implementation, for example, by injecting “(Resolution of the Plenum of the RF Armed Forces of June 15, 2006 No. 14).

02/25/2015

No. 8385

Igor asks

(strong, smuggled)

Hello

I ordered on the Internet the drug Danabol, 300 tablets from Belarus, for personal use. The employees of the State Drug Control Service were detained near the post office, after receiving the parcel. They seized the computer and phone for examination. A copy of the seizure was not given to me. They did not present any charges to me, they released me. I did not sign any papers. They do not give me any information. How long will the examination take? What to expect? PS- In the local news, I am charged with Article 226 Part 1 of the Criminal Code, but no charges were brought (silence). That is, third parties have more information than me.

Lawyer Irina Vladimirovna Khrunova answers:

Hello. Expertise, and most likely the investigation will last several days, and on the basis of it the investigator will decide whether to initiate a criminal case or to bring charges (if the case has already been initiated). They were obliged to give a copy of the protocol on the seizure of items, even without options. They don’t give you information, because they use legal ignorance and surprise. As soon as a lawyer appears on the horizon, he will be provided with all the documents. The main question for the expert is whether the seized pills contain anything prohibited, and if so, how much. Further events depend on the expert’s answers..

02/18/2015

No. 8374

Sergey asks

(evidence potent)

Hello. I have such a situation, I shool down the street and on shoal tramadol 8 tabs and went into the store, then the opera house of the State Commissar came in there … they took me away. During the interrogation, I began to say that on the shoal they told me that they were lying to their version. they then watched my acquaintances that day and showed that he gave me. and I agreed and they make me a witness. They invited the witnesses, filmed the camera and interrogated the whole interrogation on camera. all signed. and the one I was referring to was taken with others. Then I was summoned for interrogation. I did not change the testimony. They took me as a witness. then free him he denies everything. then I did not know about 234 now we will have a confrontation. the question is whether I can change the testimony that I said so I was afraid that they would close it. what are the consequences for me and him, or so to speak as in the testimony and so he did not give. help me please.

Lawyer Vitaly Vladimirovich Mazur answers:

Hello Sergey! I recommend in this case to apply to the Investigative Committee under Art. 302, the responsibility under which is provided just for forcing a witness to testify by using threats, blackmail or other illegal actions by the investigator or the person conducting the inquiry, as well as another person with the knowledge or tacit consent of the investigator or the person conducting the inquiry. At the same time, with the application, it is best for you to submit a petition to the investigator to declare your testimony as inadmissible evidence, as well as to conduct additional interrogation.

To exclude cases of illegal influence on you on this fact, I recommend contacting a lawyer.

As for the consequences, the maximum penalty for a crime under Art. 234 of the Criminal Code of the Russian Federation – three years in prison. This crime, in accordance with Art. 15 of the Criminal Code of the Russian Federation refers to crimes of average gravity. Most likely, in the absence of aggravating circumstances, the punishment will be conditional.

02/18/2015

No. 8352

Andrey asks

(severe: revocation of driving license)

Can they deprive of the right to drive a vehicle when using a potent drug zaldiar containing the substance tramadol?

Lawyer Irina Vladimirovna Khrunova answers:

Hello. The court deprives the right to drive a vehicle if the court is presented with medical documents that the person drove the vehicle while intoxicated. At the same time, the court does not really care about what substance (narcotic, alcoholic) resulted in this very intoxication. The court is lawyers, not doctors, so they will trust the document received from the medical institution.

13.02.2015

No. 8226

Igor asks

(potent)

The question is – the acquisition of potent substances without the purpose of marketing does not entail any punishment? Clenbuterol and antidepressants are not considered SV? And where in general can you look at the current list of CBs? Thank you.

Answers the head of the paragraph:

Hello. The acquisition of potent without the purpose of marketing is not punishable either by the Criminal Code or by the Administrative Code. For a list of potent and poisonous substances, see Legislation -> Resolutions of the Government of the Russian Federation -> Resolution of the Government of the Russian Federation of December 29, 2007 No. 964 “On Approving the Lists of Potent and Poisonous Substances for the Purposes of Article 234 and other Articles of the Criminal Code of the Russian Federation, and large size of potent substances for the purposes of Article 234 of the Criminal Code of the Russian Federation “.

01/19/2015

No. 8108

Asks Vyacheslav

(strong, smuggled)

Hello, please tell me what to do ?? Such a situation: I ordered Steroids (Danabol, Stanozolol, Tamoxifen) on the Internet, paid for everything on Saturday, they should send it in 3 days. That evening I found out that the parcel will be from Belarus, i.e. this is already an article, since I do not want any problems, I wrote to them that I refuse the order, but there is no answer, if they still send this parcel, do I face punishment? Thanks for attention)

Lawyer Mikhail Leonidovich Zeldin answers:

Hello Vyacheslav.

Danabol (methandienone) and stanozolol are potent substances (PDS) included in the “List of Potent and Poisonous Substances for the Purposes of Article 234 and other Articles of the Criminal Code of the Russian Federation” (List).

The legal import of CDV into the territory of the Russian Federation is regulated by the Decree of the Government of the Russian Federation of 03.16.1996 N 278 (as amended on 04.09.2012) “On the procedure for the import into the Russian Federation and export from the Russian Federation of potent and poisonous substances that are not precursors of narcotic drugs and psychotropic substances “and is carried out under licenses.

Responsibility for the illegal import (smuggling) of such substances is provided for in article 226.1 of the Criminal Code of the Russian Federation.

Smuggling refers to the illegal movement of the CDV across the customs border of the Customs Union within the EurAsEC or the state border of the Russian Federation with the member states of the Customs Union.

The way of movement can be any: transportation, shipment, etc..

The crime is considered completed according to the general rule at the moment of crossing the border.

Proving the presence of intent to commit this crime, the law enforcement agencies will proceed from the fact that you agreed with an unidentified person in Belarus, ordered the shipment, paid for it, tracked its movement on the postal service website, and, ultimately, received it at the post office.

In connection with the above, the recommendations may be as follows:

1. If possible, refuse the parcel.

2. Don’t track her online.

3. Do not receive your parcel upon arrival in Russia.

4. It is desirable that there are no traces of her order and payment in the computer.

Article 31 of the Criminal Code of the Russian Federation provides for the possibility of exemption from criminal liability in connection with a voluntary renunciation of a crime. You can abandon the crime before it ends, that is, at the stage of preparation or attempt. Earlier I said that the smuggling will be over when the parcel crosses the Russian border. From this moment on, it is impossible to refuse to bring the crime to an end..

Therefore, if a little time has passed since the moment of ordering, and you are sure that the parcel has not yet crossed the border, then it may be advisable to draw up a written appeal to the customs authority, describing in it the circumstances of the CDV order. Mention that when you learned about the shipment from abroad, you took steps to refuse the parcel by notifying the seller. It is best to have a copy of this appeal with a mark of acceptance by the customs authority.

If the parcel is already in Russia, then such an appeal can be regarded as active assistance to the investigation or a confession. But then it is no longer necessary to write it, since it is no longer necessary to prove your participation in the commission of smuggling if you follow the recommendations set out in cl. 1 – 4, almost impossible.

11/30/2014

No. 8069

Val asks

(potent)

Hello.

Question about ADD.

Can they attract for distributing a referral (affiliate) link on the Internet to an AAS store?

Will I be an accomplice?

Thank you.

Answers the head of the paragraph:

Hello. It is not excluded. Especially if a case arises in an organized group, they may well write “to the heap.” I explain for the readers of the site: ADD – potent substances, AAS – anabolic steroids.

11.11.2014

No. 8017

Olesya asks

(potent)

good day!

I am leaving Russia for Vietnam for 3 months. I am currently taking Goldline (sibutramine) as prescribed by a doctor, the course of treatment is six months. The drug was purchased legally from a pharmacy on presentation of a prescription. Thus, I will have to take it with me to Vietnam for personal use (I’m not sure if I can get it there) and upon my return, take it back to Russia.

What actions do I need to take so that I don’t have problems going through the Russian customs to and from there? What documents, what sample, etc..

Also, I am concerned about Vietnam customs clearance. Where can I get information about whether this drug is banned / allowed for import / export to Vietnam. And what documents do I need to import / export tablets to / from Vietnam. Thanks in advance for your reply.

Answers the head of the paragraph:

Hello. I guess you should do two, maybe three things. First. Contact the Vietnamese embassy and find out their rules in this regard. Except at the embassy, ​​no one can answer you. Second. Take it to the clinic and have an extract of the medical history with you, from which it would be clear that the doctor has prescribed a potent medicine for you. Third (I myself cannot decide whether to do this or not). Contact the regional office of the Federal Drug Control Service with the same question. If time is running out, I would advise you to apply there in writing, by mail, or, if you are in Moscow, take and submit your application to the reception office with a request to explain what are the conditions for moving potent medicines for personal medical use across the border. The better is written communication: a written answer relies on a written question, and you cannot sew a word to a case (criminal).

10/27/2014

No. 8001

Asks Roma

(potent)

Hello. I have a question. I ordered anabolic steroids with my friends for personal use. It was not I who collected the money and it was not me who carried out the order, my friend went to the post office, later he gave this parcel to me. The next day the FSKN officers came to me, took everything, took the phone, took it to the office, took prints, etc. later released. Now a little more than a month has passed and there is no news. I stated all of the above in the protocol. I indicated the people who took the package and collected the money. What will I get for the fact that they found anabolic steroids in my room??

Answers the head of the paragraph:

Hello. Anabolic steroids are mostly potent drugs. They are never drugs. Under article 234 of the Criminal Code, illegal sale and storage for the purpose of illegal sale of potent substances is punishable. Purchase and storage for personal use is not punishable.

23.10.2014

No. 7987

Asks Maxim

(potent)

Hello, I would like to consult. I ordered AAS (Steroids) for personal use, paid immediately, there were questions about payment, they were resolved by e-mail, before the parcel was sent, I asked them “Hello, I would like to know if the order has already been sent? will go to Moscow? Where are you shipping from? Thank you. ” that is, I asked where they were sending from, they ignored this message of mine, I did not pay attention to it. When the track number was sent, I punched it through the site refuses to send from the Republic of Belarus, read the questions that came before me that it was smuggling and decided to refuse from the parcel by writing to them “Sorry, but I refuse the parcel that you sent me. I did not know what you are sending from Belarus, I asked you several times, you did not answer. How can I get the money back?” Advise what to do next to get around without a criminal case in which case. And in general how to behave. Is it worth going to the post office for the parcel or not? Is it possible to return the money, etc. Thanks in advance.

Answers the head of the paragraph:

Hello. Unfortunately, in this case, there are signs of smuggling of potent substances. It is best not to go to the post office, not to receive the package. But unfortunately this cannot qualify as a voluntary renunciation of the crime, since the crime of smuggling is considered completed after crossing the state border of the smuggling object. But if you do not receive a contraband product, this is essentially a mitigating circumstance. Since the parcel, having spent the allotted time in the mail, must be returned to the sender or seized by law enforcement agencies (if they have operational information about this), there will be no real harm to anyone (including you) from your actions. Therefore, if the law enforcement agencies are interested in you, it will be correct to apply with a petition in the manner of Article 14 of the Criminal Code to the head of the investigative body that will handle the case, as well as to the district prosecutor. In the petition, referring to Article 14, you should ask to refuse to initiate a criminal case against you or to discontinue the case, if it is already initiated, on the basis of the insignificance of the deed (it is not a crime “action (inaction), although formally it contains signs of any or an act provided for by this Code, but due to its insignificance, does not pose a public danger “).

20.10.2014

No. 7969

Alexander asks

(strong, smuggled: anabolic steroids)

Hello! Please help with the question. Half a year ago I ordered an ampoule of masteron and peptides in Belarus on the Internet. These drugs are not included in the prohibited. The employees of the State Drug Control Service took it from the post office upon receipt of the goods, as it turned out that the drugs contain some substances that are already prohibited. They drew up a protocol, seized the goods, then there was an interrogation. Initially, I was summoned as a witness, but later I was retrained as a suspect in smuggling. After a long inactivity, they came with a search and did not find anything, respectively, they only seized the computer to analyze the correspondence. Then there was a call and a conversation in the presence of a lawyer. At the moment, there is neither a decision to initiate a criminal case under what article the charges are, nor an explanation of their further actions. What to do in such a situation. For half a year, everything has been dragging on and there is no intelligible answer from the law enforcement agencies. The computer was never given away.

Answers the head of the paragraph:

Hello. Masteron is the trade name for the potent drug drostanolone, included in the list of potent substances. Smuggling of potent substances is prosecuted under article 226.1 of the Criminal Code. The crime is classified as serious. The limitation period for criminal prosecution for a serious crime is 10 years (Article 78 of the Criminal Code). So they have time. It would be appropriate for your lawyer to inquire about the case with the investigating authority.

14.10.2014

No. 7954

Asks Anton Z.

(strong: anabolic steroids)

I ordered steroids on the site, did not know that he was Ukrainian. I came to the post office and I was stopped by FSKN officers. What threatens me? If I did not know that I ordered steroids from Ukraine, although the site did not say that it was Ukrainian. When I received an international parcel, I didn’t notice that it was from Ukraine, but I just ran to pick it up. Will they jail me? There was a search, nothing was found, I took it only for personal consumption.?

Lawyer Arseny Lvovich Levinson answers:

Hello. I’m sorry to be late with the reply. Were on vacation.

Many steroids are classified as potent substances and are included in the List of Potent, approved by Government Decree No. 964 of December 29, 2007. Illegal movement of potent substances across the customs border (smuggling), including smuggling using postal services, is punished under Part 1 of Article 226.1 of the Criminal Code RF imprisonment for a term of 3 to 10 years. This is a serious crime regardless of the amount of strong substances transported. The disposition of Article 226.1 of the Criminal Code assumes responsibility not only for the smuggling of the powerful, but also for the smuggling of weapons, valuable animals, etc. smuggling of weapons and powerful drugs is legally equalized.

It is impossible to give a definite answer to the question “what threatens,” that is, what punishment will be imposed if they are found guilty. It all depends on the circumstances, the presence of previous convictions, on the discretion of the judge. If we turn to the statistics on part 1 of Article 226.1 of the Criminal Code: in 2013, 155 persons were convicted under it, of which 18 people were sentenced to imprisonment (about 12%), 110 people were sentenced to probation (about 71%) and 27 people were sentenced to fines (about 17 percent). Based on this, we can say that most often a suspended sentence is assigned for such crimes. For comparison, for the smuggling of drugs in an insignificant amount (part 1 of article 229.1 of the Criminal Code), in 41% of cases in 2013, real imprisonment was imposed.

What to do? Collect materials (characteristics, certificates, petitions) that positively characterize you, if you took steroids for medical reasons – provide medical documents confirming this. You should also prove that the actions committed did not pose a threat to public safety and apply to the head of the investigative body for drug control with a petition to terminate the criminal case due to its insignificance (if the case is initiated). As for ignorance that you ordered a parcel from abroad, these are grounds for terminating the criminal case, since in this case there is no intent. However, the investigation will be able to prove the opposite and relying on the notice, which indicated the international shipment, and, for example, by providing information about the transfer of money by you abroad, or other evidence.

08.10.2014

No. 7821

Vitaly Sergeevich asks

(potent)

Good afternoon, dear!

Please explain about Retabolil. The active ingredient of this drug is Nandrolone, as far as I know, this substance is included in the ADD list in the Russian Federation. Nevertheless, this drug can be found in state pharmacies, why? Is misuse of this drug a criminal offense? Can I let him go in a pharmacy without a prescription and what is the risk for the pharmacist?

Lawyer Arseny Lvovich Levinson answers:

Hello. Nandarolone is an anabolic steroid and a potent substance, as it is included in the corresponding List, approved. Decree of the Government of the Russian Federation of December 29, 2007 No. 964. According to this Decree, potent substances also include “All dosage forms, no matter what brand (trade) names they are designated, which include the substances listed in this list in combination with pharmacological inactive components “.

All potent medicines are not prohibited for sale, but are subject to quantitative accounting (Order of the Ministry of Health of Russia dated January 20, 2014 No. 30n “On approval of the procedure for including medicines for medical use in the list of medicines for medical use subject to quantitative accounting” ).

According to the Order of the Ministry of Health and Social Development of the Russian Federation of December 14, 2005 No. 785 “On the Procedure for Dispensing Medicines”, medicines subject to quantitative accounting are dispensed according to prescriptions written out on prescription forms of form No. 148-1 / u-88.

The use of potent medicines without a doctor’s prescription does not entail any liability. The Administrative Code establishes only responsibility for the consumption of narcotic and psychotropic substances without a doctor’s prescription (Article 6.9).

The dispensing of potent medicinal products by a pharmacy worker without a doctor’s prescription provides for administrative liability under Art. 14.2 of the Administrative Code of the Russian Federation. However, in such cases the Federal Drug Control Service sometimes initiates criminal cases, and the courts pass a conviction in parts 1, 2 and 3 of Article 234 of the Criminal Code – the sale of potent substances. This practice is illegal, since violation of the rules for dispensing potent drugs entails criminal liability only if this, by negligence, caused significant harm (long-term human illness, pollution with toxic substances of the environment, suspension of the production process for a long time, etc.; see h. .4 Art.234 CC).

17.07.2014

No. 7762

Pavel asks

(potent: acquisition)

Good day! I ordered AC (Anabolic steroids) by mail. For personal use (very little). The package goes to Russia i.e. I no longer fall under contraband.

The next question!. If me with a parcel at the FSKN mail. will catch how I can prove that it is for personal use? and what are the maximum consequences I can expect for it?

please give a more detailed answer! thanks in advance!

Answers the head of the paragraph:

Hello. According to the law, there is no liability for the purchase and storage of potent substances without the purpose of marketing. You do not have to prove that you do not intend to sell the substance. No one is obliged to prove their innocence (Article 49 of the Constitution of the Russian Federation).

07/05/2014

No. 7729

Lily asks

(potent: destruction)

Good afternoon! Please answer the question: Is chloroform included in the list of precursors, how to dispose of expired chloroform and where to find a company for its disposal? Thank you in advance.

Lawyer Arseny Lvovich Levinson answers:

Hello. Chloroform is not a precursor, but a potent substance, since it is included in the corresponding List approved by the Decree of the Government of the Russian Federation of December 29, 2007 No. 964. A special procedure for the destruction of potent substances is not established by legislation.

However, chloroform is classified as hazardous waste. The requirements for handling hazardous waste are established by Art. 14 of the Federal Law of 24.06.1998, No. 89-FZ “On production and consumption waste”. For more details on the criteria for classifying hazardous waste as a hazard class for the environment, see Order of the Ministry of Natural Resources of the Russian Federation of June 15, 2001, No. 511. The corresponding characteristics for chloroform are indicated there..

Thus, you need to find a company that has a license for the disposal of hazardous waste.

28.06.2014

No. 7520

Heinrich asks

(potent)

Hello, I have been practicing in the “Rocking” gym for a long time and take steroids. tell me what to do (say, think, how to behave) if I am caught at the post office of the Federal Drug Control Service or other special services. I order steroids from Belarus only for myself, NOT FOR SALE

Answers the head of the paragraph:

Hello. For whoever potent substances are ordered, which are anabolic steroids, it will be the smuggling of potent ones (article 226.1 of the Criminal Code).

04/19/2014

No. 7472

Tatiana asks

(smuggling, potent)

Hello, I beg you to answer the question, a parcel with weight loss products was sent to Russia from China, the recipient took the parcel, and has a deadline for contraband. Now there is a criminal prosecution against the sender from China, these funds are in open sale, is the sender responsible, is the accusation of smuggling the sender legitimate? if not, under what articles or provisions to protect the sender?

Answers the head of the paragraph:

Hello.

The fact that a drug is legally sold in China does not mean that it can be moved across the Russian border if it is recognized as illegal in the Russian Federation. Chinese criminal prosecution does not threaten the sender, but if he is a citizen of the Russian Federation, then for the actions you have described, he may be held liable on the territory of the Russian Federation for the smuggling of potent substances. The situation is aggravated by the fact that there is a valid sentence against the recipient, which entails the so-called. prejudice, that is, the circumstances established in the first case should be accepted by the court considering the second case, without additional verification. The position of the defense depends on the provability of the sender’s intent to send the prohibited substances to the Russian Federation. If the sender was in good faith mistaken about the composition of the drug, the presence of sibutramine in it was not indicated on the package, then you can seek to dismiss the case or refuse to initiate it. The amount seized is also important. It is one thing if it is two or three packages, in which case it is possible to seek the termination of the prosecution due to its insignificance, it is another thing if it is a commercial batch – in this case, the sender, of course, could find information about the legality of such a drug in the Russian Federation.

04/09/2014

No. 7452

Xenia asks

(marketing, strong: violation of the rules for dispensing drugs)

Good day. Help me figure it out … I worked in a pharmacy, quit more than a month ago. And then a call comes from the drug control, they say that 2 criminal cases have been opened against me for selling the drug Goldline 15 mg. No. 90, and Goldline 10 mg. No. 60, at different times with a gap of 3 months. The charge under Article 234 of the Criminal Code, as illegal to sell on an especially large scale, since it was allegedly sold without a prescription. Is this accusation legitimate, because the pharmacy is licensed and there is a check? What orders, resolutions, laws can prove your innocence, since I do not think that I have committed crimes.

Answers the head of the paragraph:

Hello. Goldline is the trade name for sibutramine, which is listed as a Potent Substance. Accordingly, the rules for its circulation are the same as for all drugs included in this list. The procedure for their release was approved by Order of the Ministry of Health of Russia dated 12/20/2012 N 1175н (as amended on 12/02/2013) “On approval of the procedure for prescribing and prescribing medicinal products, as well as forms of prescription forms for medicinal products, the procedure for preparing these forms, recording and storing them” … If this procedure is violated, responsibility may arise under the fourth part of Article 234 of the Criminal Code (violation of the rules for the release of potent substances), but only in the event of socially dangerous consequences – that is, if this violation entailed causing significant harm. However, in law enforcement practice, the Federal Drug Control Service interprets the violation of the rules of legal circulation as illegal sale of potent substances, that is, depending on the quantity in parts one or three of Article 234. This is understandable. Firstly, the third part imputed to you is a grave crime (sale on an especially large scale, up to 8 years in prison), and in the fourth part, imprisonment is not provided at all, since this is a small crime, only a fine of up to 200 can be imposed 000 rubles or some other types of punishment not related to imprisonment. Secondly, as mentioned above, violation of the vacation rules is punishable only in the event of socially dangerous consequences, which still needs to be proved. Nobody wants to do this, and it’s not a fact that they have come. In such a situation, you need a conscientious lawyer. On this site he will be able to find a lot of useful things for your protection..

Xenia asks. Additional question

Thank you very much for your reply. According to Order No. 1175n, this drug is dispensed according to Form 107, which does not remain in the pharmacy, it is not a member of the PKU, do I understand correctly that only an administrative penalty is provided for violations of the rules for dispensing. Also, even if this drug was sold without a prescription, but in a pharmacy that has a license to carry out pharmaceutical activities, then this is no longer 234 Art. UK.?

Answers the head of the paragraph:

Hello.

As can be judged from the answers to the questions of the director of the law firm “Uniko-94” MI Milushin, posted in the Consultant + system, the question of the procedure for dispensing drugs containing sibutramine does not yet have an unambiguous answer, since this question is “frozen” in the Ministry of Health. M.I. Milushin believes that since Goldline is not included in the lists of drugs subject to quantitative accounting, his dispensing is made according to Form No. 107-1 / y. But his opinion, of course, is not binding either for the FSKN or for other bodies. According to the logic of the Federal Drug Control Service, it is enough that sibutramine is included in the List of Potent Substances. But here’s the bad luck. The procedure for dispensing drugs containing substances included in this list is approved by the Ministry of Health, and not by the Federal Drug Control Service. The situation is aggravated by the fact that the Federal Law “On the Circulation of Medicines”, which guides pharmacies in their activities, does not mention drugs containing potent substances at all, as if this problem does not exist. And it turns out that Article 234 has a life of its own, regardless of other legislation. It would seem that claims should be made by the drug control to the Ministry of Health (I don’t know, maybe they are being made). But for some reason, ordinary pharmacy workers turn out to be extreme in this confusion, who, moreover, are brought not under the violation of the vacation order, but to the maximum – under the sale.

If we consider that when selling the named medicine you violated the order of dispensing, then you are right, we can talk about administrative responsibility under Article 14.4.2 of the Administrative Code, since no socially dangerous consequences are seen. And most likely there are no grounds for applying even part four of Article 234 of the Criminal Code..

04/01/2014

No. 7341

Asks Alexandra

(Lida)

Good afternoon, I ordered myself 3 packs of LiDa diet pills, after drinking 1 pack, I did not get any effect, the weight did not decrease by a single gram. I decided to sell this dietary supplement by posting ads on free sites on the Internet. 1 pack I sold (with Then the girl called me, introduced herself as Elena, asked about the availability, I replied that there was 1 pack. After that, they did not call me for a month, the ads were outdated for a long time, and I did not update them. So a month passed, I Elena calls again and asks if I have these pills, I answer yes. And again she disappeared, a week later, a young man calls me, says that he is with the Federal Drug Control Service, he needs to notify me about what dietary supplements, drugs, etc. are prohibited from selling on the territory of the Russian Federation, I did not understand anything, he really could not explain anything to me either, he said he was instructed to do so. And if I do not meet and sign this notice, I will be called to the department, they will be tested for drugs, and that it is better to just meet to sign, and amicably disperse. When we met and I saw the notice, it was written there which ADD is prohibited, and where they can meet, many names flashed in the listed list, among them was the name LiDa, then I understood what it was all about, I signed it, he gave me a copy, and as he said, we parted amicably. As it turned out, this dietary supplement contains sibutramine. Another week has passed, Elena calls me again, I say that this drug is prohibited, it contains sibutramine, and they can jail me for it, she says that she knows about sibutramine, and she still wants to buy it, I said that I do not want to sell, she began to beg, in the end we made an appointment at my work. We met, well, everything according to the worked out plan. As a result, the phone on which I contacted her was seized from me, when they came to my house they seized my computer, and more tablets for weight loss that I took. In the department I spent from 11 a.m. to 8 p.m., signed everything, admitted my guilt, the pack that I sold – was sent for examination, there was sibutramine, only I don’t remember exactly 7.5 grams in a pack ( 30 capsules for a month) or in the 1st capsule. They said they would not put them in jail, they would give a fine of up to 100,000 rubles. (They said most likely there will be 40-60 thousand) Or a suspended sentence for a year. Now I’m not traveling, they said they will give them back after the trial. will they consider my case? Is it true that the fine will be so big? And at the expense of the computer, it was sealed at my house, packed, will they turn it on? or will it be needed if I start to deny (to find information that I really sold this dietary supplement)

Answers the head of the paragraph:

Hello.

If you are charged under part three of Article 234 of the Criminal Code (sale of potent substances on a large scale), then the sanction for this part allows almost any punishment – from a minimum fine of 5,000 rubles. up to imprisonment for up to 8 years. The maximum penalty for part three is 120,000 rubles.

According to article 162 of the Code of Criminal Procedure of the Russian Federation, the investigation must be completed within five months, in extreme cases – 12 months.

Obviously, you are expected to plead guilty in full, agree to a special procedure for the consideration of the case by the court. I do not presume to recommend you a line of conduct, but I will nevertheless note: you are not obliged to admit guilt, agree to a special order, and when the case is considered in the general order, real imprisonment is unlikely. On the other hand, admitting guilt, you can apply to the head of the investigative body in charge of the case, to terminate the criminal prosecution due to insignificance, on the basis of Article 14 of the Criminal Code..

Well, if everything goes on as usual, according to the scenario of the Federal Drug Control Service, with the prospect of a guilty verdict and a fine, timely collect the necessary documents confirming (if so) your and your family’s difficult financial situation. Prepare a written petition to the court on the appointment of a fine for you, taking into account your capabilities and on the establishment of an installment payment plan by the court, which is allowed for up to 5 years.

02/15/2014

No. 7322

Anna asks

(pharmacologically active ingredients)

Question about reduksin. There is a certain powerful lobby in our country that promotes reduxin on the market. The price for this drug is exorbitantly high. The substances that make up the drug have a penny cost. I am smoothly moving on to the question, will you agree to represent the interests of the person detained for the sale of reduxin-sibutramine for free? And what about your excellent theory of 2 active substances, pay attention to 2 active substances (as in the instructions), and not 2 pharmacologically active components !!! frankly selling explanations from the Ministry of Health and Social Development and 4 decisions of the Moscow City Court (which you can easily find in the Consultant) , dispelling the myth of reduxin as a drug not suitable for the purposes of Article 234 of the RF.

Answers the head of the paragraph:

Hello. It is not our theory that is “magnificent”, but the Government Decree No. 964, in which the criterion for classifying as potent substances is prescribed to consider the absence of other “pharmacologically active components”. Given that, in the Register of Medicines, no distinction is made based on pharmacological activity. This uncertainty creates conditions for corruption and unjustified criminal reprisals against people who are unable to reliably determine the limits of punishment. Accordingly, it is most correct to interpret such an indefinite norm in favor of the citizen, especially if the case concerns one or more packages, and there are essentially no victims. But since in domestic police traditions to interpret the law in the opposite way, according to the principle “the absence of a law does not exempt from liability,” then in the last consultation on this matter No. 7251 (on the page of consultations on the topic “potent”) we recommended contacting the Ministry of Health and abstained from the answer, how many pharmacologically active components are in this drug.

And in general, it is high time for Article 234 to be excluded from the Criminal Code, in extreme cases removed from the investigative jurisdiction of the Federal Drug Control Service. Not because the potent substances included in the list are harmless (this is not the case), but because you cannot save enough for all the harm of criminal articles. Some substances from this list should probably be classified as narcotic, and the rest should be transferred to the level of administrative responsibility. Now, Article 234 is stricter in its disposition than Article 228 in that the possession of drugs for the purpose of selling does not constitute a completed crime, and the possession of powerful drugs for the purpose of selling is a completed crime. This is absurd.

02/11/2014

No. 7286

Murad asks

Hello . I have such a situation. ordered anabolics by mail a few months ago. more precisely danabol. the parcel was very long, four months. As a result, a request came to my work, they say, in my package the employees of the State Tax Committee found narcotic substances – danabol. please tell me if they are actually narcotic and what the threat is. Thank you.

Lawyer Anna Vladimirovna Chertova answers:

Danabol is a drug related to potent substances, since danabol is a drug whose active ingredient is methandienone (methandrostenolone), included in the “List of Potent and Poisonous Substances for the Purposes of Article 234 and other Articles of the Criminal Code of the Russian Federation, as well as the large size of potent substances for the purposes of Article 234 of the Criminal Code of the Russian Federation “, approved by Decree of the Government of the Russian Federation No. 964 of December 29, 2007.

The purchase of potent substances, including by ordering by mail, is not punishable. However, purchasing from abroad can be considered contraband. So for the answer, it is important to know where the drug was ordered from and whether you knew that you were ordering it from abroad.

However, in order to qualify actions as smuggling, it is only necessary that the smuggled object, a potent substance, cross the border by mail. This crime is a crime with a formal structure, which means it is considered completed from the moment the act was committed, regardless of the consequences. However, in criminal law there is such an institution as voluntary refusal to commit a crime. In the case of which a person is not simply released from criminal liability, but is not initially subject to!

Article 31. Voluntary renunciation of a crime

1. Voluntary renunciation of a crime is deemed to be the termination by a person of preparations for a crime or the termination of actions (inaction) directly aimed at committing a crime, if the person realized the possibility of bringing the crime to an end.

2. A person is not subject to criminal liability for a crime if he voluntarily and finally refused to bring this crime to an end

The question is whether a voluntary refusal is possible at the stage of a completed attempted crime, i.e., when a person has performed all the actions that he intended to perform and performed (found a potent substance abroad, ordered it by mail), but the result does not come (the package has not yet crossed the border of the Russian Federation).

Yes, this is possible under two conditions:

1 condition when, according to the situation, a gap in time is possible between the commission of all these actions and the onset of the result;

2 condition, in such cases a voluntary refusal must be active. (for example, declare to the sender the refusal of the parcel, go to the post office and inform that you refused the parcel and ordered it by mistake)

It is necessary that the situation if a person ordering a certain drug by mail is a potent substance, and then realizing what kind of substance it is and that it is being ordered from abroad, in the process from the point of departure to crossing the border by the parcel, he could have the possibility of committing a crime refuse.

Thus, danabol is not a drug, but its smuggling (including by mail) threatens to be attracted under Article 226.1 of the Criminal Code if there is no voluntary refusal to commit a crime at the stage of the completed attempt, when the actions have already been done, but the result has not yet arrived.

See also consultations that will be useful to you Nos. 5622, 5868.

02/04/2014

No. 7251

Tatiana asks

(reduksin)

Dear experts, I beg you, please help me figure out the problem. I bought 20 packs of the drug reduxin (I watched programs with E. Malysheva, bought this drug for myself, my mother and girlfriends as the last hope for losing weight), when passing through customs control (the Zhuravlevka checkpoint), the customs officers of the Russian Federation discovered the drug, called the Federal Drug Control Service, seized the reduxin, scared court and a term, at best a fine, referring to the fact that reduxin is a potent drug and I face a term for moving a potent drug, is that so? the drug “Reduxin” is not a potent one. Since it contains two active substances – sibutramine and cellulose. Is this resolution still valid today or are there changes now and still reduxin is potent? I really hope for your help.

Answers the head of the paragraph:

Hello.

Resolution of the Government of the Russian Federation of December 29, 2007 No. 964 is valid. According to the List of potent substances approved by this Resolution, these include “all dosage forms, no matter what brand (trade) names they are designated, which include the substances listed in this list in combination with pharmacological inactive components.” Reduxin is registered as a medicinal product and is included in the State Register. Whether it is a potent substance depends on whether it contains, in addition to the potent agent sibutramine, other (one or more) pharmacologically active components. According to the instructions, sibutramine and microcrystalline cellulose are included in the reduxin. However, the state register does not provide for an indication in the description of drugs which components are pharmacologically active. Thus, in this issue there remains uncertainty, which, in my opinion, can only be resolved by the Ministry of Health of Russia, where I advise you to apply in writing on the basis of the law “On Citizens’ Appeals” with a request.

As for the criminal case, in the situation described by you, Article 28 of the Criminal Code can be applied, according to which “an act is recognized as committed innocent if the person who committed it did not realize and, due to the circumstances of the case, could not realize the social danger of his actions (inaction).” If a medicine was purchased by you in a pharmacy without a prescription, and, as evidenced by the Internet, is advertised on television, in such a situation, obvious doubts about guilt should be interpreted in your favor (Article 49 of the Constitution of the Russian Federation).

01/25/2014

No. 7243

Natalia asks

(preparations containing sibutramine)

Hello, I sold the drug “Reduxin”, in its composition it contains two pharmacologically active components sibutramine and mcts, how to prove that it does not fall under the list of potent drugs. For the investigator, there is no difference between the dosage form and the medicinal mixture.

Answers the head of the paragraph:

Hello. According to the instructions for the drug Reduxin, it contains two active substances – sibutramine and microcrystalline cellulose (μc). Therefore, strictly according to the letter of Resolution No. 964, which approved the list of potent substances, these include “all dosage forms, no matter what brand (trade) names they are designated, which include the substances listed in this list in combination with pharmacological inactive components.” Combined drugs (that is, including, in addition to the potent, other pharmacologically active components) are not potent substances.

At the same time, there is a judicial practice of bringing reduxin sellers to criminal liability. According to forensic experts, this drug belongs to potent drugs, since μc is referred to the active ingredients in the instructions unreasonably, because in hundreds of other medicines the same μc is indicated as an excipient.

But again, if the Federal Drug Control Service considers the instruction to Reduxin to be incorrect, no one bothers him to contact the Committee for the Standardization of Medicines and demand further investigation of this issue and change the instruction accordingly. If this is not done, citizens find themselves in a position of legal uncertainty, since the only normative act establishing, according to the footnote to Article 234 of the Criminal Code, what potent substances are, is Government Decree No. 964, from which it clearly follows that formally Reduxin cannot be considered today related to this list. Citizens do not have any other source of information on the composition of the drug, except for the officially approved instructions..

01/25/2014

(published with a delay due to technical reasons)

No. 7176

Lily asks

(anabolic steroids)

Hello, please tell me, drug control officers conducted a test purchase for the marketing of methandienone (anabolic steroid) from a 17 year old teenager. They informed the mother, brought them in for questioning and transferred the case to the investigative department. The investigator said that they had opened a case. What threatens him and whether it is necessary to hire a lawyer?

Answers the head of the paragraph:

Hello.

Responsibility for the sale of potent substances comes under Article 234 of the Criminal Code, but for what part – depends on the size. Over 2.5 g by the total weight of the seized – large size. Selling in an amount that is not large is a minor crime, up to 3 years in prison. Sale in large – more than 2.5 g – serious crime, up to 8 years in prison.

If the young man admits guilt, the case will be heard in a special order (about which he must then file a petition), and taking into account the minority, it is highly likely that real imprisonment will not be imposed. In a special order, the court examines only one evidence – that characterizes the personality of the accused. It largely depends on what the verdict will be..

28.12.2013

No. 7164

Sergey asks

(Dietary supplements)

Hello! I have a question how to identify that the products offered in Chinese online stores are not prohibited in Russia, let’s say one of the types of tea and its extracts were very interested, but I didn’t really find the exact information. What will happen if suddenly the powder I ordered or plant root will be banned? Can they take me straight from the post office to the police and initiate a case, or is the customs obliged to notify me about the smuggling and seizure of the parcel? How to find out which dietary supplements are legal and not fly into the bunk?

Answers the head of the paragraph:

Hello. Believe me, practice shows that there is no answer to this question. There are cases when there was nothing prohibited or restricted in free circulation on the packages, in the instructions, but the examination revealed. Even certificates look nice, but they don’t prove anything.

12/27/2013

No. 6888

(deleted)

No. 6841

Andrey asks

I can’t buy Vitamin B5 (pantothenic acid, calcium pantothenate) in any pharmacy, they say that they have not been imported for a long time. Is this drug now equated to potent substances?

Answers the head of the paragraph:

Hello.

Since its adoption in 2007, no additions have been made to the list of potent substances..

01.10.2013

No. 6826

Asks Lyudmila Mar

(ephedrine)

Hello!

Please tell me if the changes included in the Criminal Code of the Russian Federation from 01.01 can affect. 2013 in relation to potent and poisonous substances for review of the sentence, if he was convicted in 2012 under Art. 234 for trying to sell 5gr. Ephedrine?

Lawyer Arseny Lvovich Levinson answers:

Hello. They certainly do. By the Decree of the Government of the Russian Federation of October 1, 2012 No. 1003, which entered into force on January 1, 2013, ephedrine was excluded from the List of potent substances. From January 1 of this year. ephedrine at a concentration of 10% or more belongs to Schedule IV precursors. Only for actions with a large size of precursors is criminal liability, and a large amount of ephedrine in a concentration of more than 10% in accordance with the Decree of the Government of the Russian Federation of October 8, 2012 No. 1020 is recognized over 25 grams.

Thus, the attempt to sell up to 25 grams of ephedrine is decriminalized.

Those convicted of selling up to 25 grams of ephedrine are subject to exemption from punishment due to the publication of a law that eliminates criminality. To review the sentence, you should apply to the court with the appropriate petition in accordance with paragraph 13 of Art. 397 of the Criminal Procedure Code of the Russian Federation.

24.09.2013

No. 6818

Innokenty asks

(anabolic steroids)

Hello. I am 16 years old. A month ago I was taking anabolic steroids (stanazolol). Since the drug leaves the bloodstream within 3 months, I want to know your advice. After 2 months, register at the military registration and enlistment office, it is natural to go through a narcologist. Can you please tell me if this drug is a drug? And should I be afraid of control

Answers the head of the paragraph:

Hello. You should not take anabolic steroids without medical supervision and prescription. But these are not drugs. The use, purchase and storage of anabolic steroids, which are potent substances, without the purpose of marketing, are not punishable.

22.09.2013

No. 6783

Yuri asks

Tell me, what will be considered exactly the sale of potent substances (anabolic steroids)? What are the criteria for determining sales? For example, if one person gives to another … Is it sales or not?

Answers the head of the paragraph:

Hello. The Resolution of the Plenum of the RF Armed Forces of June 15, 2006 states: “Under the illegal sale of narcotic drugs, psychotropic substances or their analogues, plants containing narcotic drugs or psychotropic substances, or their parts containing narcotic drugs or psychotropic substances, any means gratuitous or gratuitous transfer to other persons (sale, donation, exchange, payment of debt, lending, etc.), as well as other methods of implementation, for example, by injecting ”(paragraph 13). At the same time, in many decisions the Supreme Court explained that the condition for recognizing the above actions as marketing is the establishment of intent to distribute: “In the meaning of the law, marketing is understood to mean any of the methods of transferring drugs to another person who does not belong to them. At the same time, it should be established that the intention of the perpetrator was aimed precisely at the distribution of narcotic drugs, ”says, for example, in the Decision of the Supreme Court in the Ryzhov case of January 16, 2013.

This applies equally to the sale of potent and toxic substances..

09/05/2013

No. 6758

Jacob asks

(strong, smuggled)

Dear Lev Semenovich

I need to consult about Kava Kava.

Over the past 7 years, you have not heard of any court or criminal cases related to dietary supplements in which Kava Kava was allegedly located?

This is very important to me, because competitors have pasted some cases on me and I don’t even know how to deal with it. They wanted to get rid of me and hung on me what an absolutely stupid incident 7 years ago. I think things have been stopped, but the devil knows what to do and how to behave.

Do these investigations really take a year.?

I am afraid of this country where the border between law and truth is not clear.

Answers the head of the paragraph:

Hello. Intoxicating pepper (kava-kava) and the substances included in it are included in the list of potent substances, the sale or storage of which is punishable under Article 234 of the Criminal Code, and smuggling under Article 226.1 of the Criminal Code (in relation to contraband that took place 7 years ago – under article 188 of the Criminal Code, which has now become invalid due to the replacement by other articles, but applied for previously committed crimes).

There is no information on criminal cases related to the illegal trade in kava-kava.

25.08.2013

No. 6684

Kirill asks:

(anabolic steroids)

Hello.

For about a year I have been going to the gym and have already realized that it takes a very long time to achieve the desired figure on my own. I would like to try taking anabolics or steroids. In a few days I am flying to Thailand. Pharmacology there seems to be cheaper than ours. I thought about purchasing Methane / Winstrol / Oxandrolone / their analogs. But, after reading the thread about steroids, I panicked.

There are two problems: to transport it across the border in Thailand (I don’t know their laws at all) and to import it into Russia. Please tell me if it’s worth thinking about it at all, or can it end very badly? I thought to bring it for myself, but sports pharmacology has already been equated to drugs. As I understand it, you can get into the police for such a case, and they will knock out anything there. It seems that I want to save a little, but it seems that there is a danger. What do you advise? Thank you very much for your reply.

Best regards, Kirill.

Lawyer Arseny Lvovich Levinson answers:

Hello. Moving across the border of anabolic steroids (methandienone, nandrolone, oxandrolone) is considered as the smuggling of potent substances, which is punishable under article 226.1 of the Criminal Code of the Russian Federation (from 3 to 7 years in prison). Why risk it?

26.07.2013

No. 6638

Anna asks:

Good day! I wrote to you more than once! My husband was convicted under Art. 234 h3; 234 h3 and 226.1 h 3. Appealed on appeal. -without change! What is the next appeal procedure? A lot of violations, including the secret of the deliberation room – in the Moscow City Court they said in plain text that they had no time to figure it out! And tell me an example of a complaint to the Belarusian Embassy in Russia, because. the husband is a citizen of the Republic of Belarus. And will the grounds for considering the complaint to the ECHR be that during the SURVEY within the ORD test purchase, the husband was not explained his rights, not to mention the fact that he is a foreign citizen ?? and this survey is the basis for the accusation under Article 226.1 ch3- no other documents.

Lawyer Irina Vladimirovna Khrunova answers:

Hello. I must say right away that we do not have a sample complaint to the embassy, ​​since this is not a legal document, but an internal document of the embassy. Go to them, maybe they have some form. As for further appeal against the verdict, I advise you to carefully look at our website, in general, you can find available information on the website. You can write a complaint to Russian courts, you can try to appeal to the ECHR.

11.07.2013

No. 6591

Daria asks:

(article 234: part three or part four?)

Hello! My sister works as a nurse in a narcological dispensary. Recently, drug control took her when digging out a patient at home. This was an isolated incident. She faces Art. 234 h. 3. She is a single mother of a disabled child. The law enforcement agencies offered her their non-state lawyer, who assures that she will get off only with a fine and that she will not be deprived of practice. The investigator said that the lawyer cannot be changed. If we take into account all the mitigating indicators, is it really possible to get off with a fine and how will this affect your work in the future? How long can cases of this nature take?

Answers the head of the paragraph:

Hello. I believe that part three of Article 234 (illegal sale of a potent substance on a large scale) is imputed to your sister unreasonably. The actions imputed to her could qualify under the fourth part of the same article, if they entailed by negligence the theft of these substances or causing other significant harm. Under this condition, the violation of the rules of production, acquisition, storage, accounting, dispensing, transportation or shipment of potent substances, provided for in part four, can be imputed. In your case, we can talk about a violation of the rules of vacation and, possibly, storage and accounting. But only in case of harm.

Naturally, considering your sister’s act as a violation of the rules of legal turnover, drug control loses its “tick”, since no harm from her actions apparently followed. Taking such a position, that is, disagreeing with the charge, the accused is unlikely to find a common language with the lawyer imposed on her by the investigator. Obviously, such a lawyer works for the prosecution. And at the same time, he will persuade her to admit guilt and a special procedure for the consideration of cases (when the case is not considered on the merits, and the verdict is written out as a receipt. Nonsense that you cannot change the lawyer. You can. See article 52 of the CCP RF. So your sister will decide , whether to agree with the investigation, hoping for a lenient sentence, or to defend your innocence, insisting that what she committed was not participation in the illegal circulation of potent substances, but a violation of the rules of legal circulation.

If part three remains (sales on a large scale), the punishment can be whatever. Of course, they are unlikely to go to jail. But this can be blackmailed, since the sanctions of part three – from a fine of 5 thousand rubles to 8 years in prison.

04.07.2013

No. 6588

Lyudmila asks:

(reduksin)

Hello! I’m going to egypt for 10 days, tell me, can I take out 10 capsules of reduxin? In russia, it is sold in pharmacies by prescription as a weight loss aid

Lawyer Arseny Lvovich Levinson answers:

According to the state register of medicines and the decree on potent drugs No. 964, the drug “Reduxin” is not a potent one. Since it contains two active substances – sibutramine and cellulose. See consultation no. 6347.

On the other hand, there may be questions and problems when going through customs control, since this drug was previously recognized as potent and customs officers may not know that now it is not (or pretend that they do not know).

Therefore, it is better not to take this medicine with you, but to buy it in Egypt (it is probably sold there). If you decide to take, then you must also have a doctor’s appointment with you..

30.06.2013

No. 6582

Vadim asks:

(smuggling potent)

My name is Vadim. I ordered from abroad 20 tablets of pyrazolam – a benzodiazepine, which, if I’m not mistaken, is not available from the Lists (analogous to alprazolam in action). Based on my knowledge of chemistry, it does not apply to analogue or derivative. There was no intention of smuggling, and I was not aware that it could be so serious. I paid by credit card. The envelope will most likely contain a printout of my order. The package is on its way. After a month and a half, my sentence is ending in a drug-related case.

What is the right thing to do? In fact, the drug is not controlled, so there is an option to take a risk and pick it up by mail, but the risk is very high. Or play it safe and not receive, but what position is better to take in this case: did not order, or ordered, but then realized the risk and changed his mind? Is it safe in this case to go to the post office and ask that the parcel be returned to the sender? In order not to exhaust your nerves for a whole month. thank you very much!

Answers the head of the paragraph:

Hello. Regardless of knowledge in chemistry, liability under Articles 234 and 226.1 of the Criminal Code (sale and smuggling of potent substances) occurs only in relation to those substances that are included in the List of Potent and Poisonous Substances for the purposes of Article 234 and other articles of the Criminal Code of the Russian Federation, approved by Government Decree dated December 29, 2007 No. 964. The circulation of analogues of potent substances is not criminalized.

At the same time, “all dosage forms, no matter what brand (trade) names they are designated, which include the substances listed in this list in combination with pharmacological inactive ingredients”.

In order to understand what to do, you need to figure out what you ordered. Whether the tablets you have named are the brand name of the substances on the List. And you can not find out, but simply not go to the post office. This is also not a guarantee, but you can get off with a slight fright..

30.06.2013

No. 6509

Vladimir asks:

(sales or purchase assistance)

Hello, tell me, please, what is the difference between “selling” potent substances and “helping to acquire” ADD?

What is the fundamental difference? After all, “helping” is not a crime, and “selling” (selling) is the most deed contradicting the Criminal Code of the Russian Federation … thanks

Answers the head of the paragraph:

Hello.

Although the punishment for illegal trafficking in potent substances is lower in terms of terms than for drug trafficking, the construction of Article 234 is such that not only marketing, but also storage, acquisition, etc., for the purpose of marketing, is a completed crime. Therefore, for the correct qualification of acts under Article 234, it is very important to establish the motives. The prosecution must prove the presence of intent to sell.

Distinction is made between the sale and assistance in the acquisition on the same grounds as in the case of drugs. Since the relevant practice of the RF Armed Forces is more extensive in drug cases, this distinction can be traced back to them. See the definitions of the Judicial Collegium for Criminal Cases of the Armed Forces of the Russian Federation of February 10, 2011 in the case of (Klyushin), of July 7, 2011 in the case of (Uraev), etc..

The main difference between articles on drugs and article 234 is that assistance in the acquisition of drugs in a significant and larger amount is punishable under article 228, and assistance in the acquisition of potent drugs in any quantity does not entail any liability.

June 15, 2013

No. 6415

M .:

(weight loss pills)

Good afternoon, I wanted to consult with you on this issue: On the Vkontakte website, I posted an ad that I sell Thai pills (I had never sold before, only used it personally). After a while, a certain Elena wrote to me, asked me to bring a batch (8 courses) personally under the pretext that it was faster and the amount was large (80,000 rubles), it was inconvenient to transfer it by mail. We met in another city, in the car Elena asked me if the drug contained sibutramine, I said that I didn’t know for sure, but I was sure of the effect, as I took it personally. Then she said that the girl who had sold her the drug before had been imprisoned, I was very surprised and told that the supplier brought me from Thailand and had never been caught. I had no idea that they could be delayed for the sale of pills, I thought that she simply brought a lot of different things and apparently for something she was imprisoned. At the time of the transfer of funds, an FSKN officer approached the car and I was detained. It turned out to be a “test purchase”. They did not explain my rights, they kept me indoors from 11 am to 8 pm, they did not give me a call until I gave evidence. I honestly told that I took a batch of pills for sale in order to sell to Elena, signed all the papers and they let me go on recognizance not to leave. Then he was summoned to the FSKN again, and interrogated in the presence of a lawyer. A lawyer was provided free of charge, but she did not answer any of the questions I asked: 1. What penalty am I facing? 2. How can I ask for a fine and not a time limit? 3. What do I need to do for this and how to act (do I need to collect any documents or evidence). There is a video recording where an employee asks me if I know that these pills contain sibutramine, and I clearly told her that I do not know what is contained there. But if she used them before and she herself knows that he is there – then maybe “yes”. I just didn’t want to trick her into buying pills from me, so I answered honestly. Can this be useful to me in court? 4. Where can I find a good lawyer for such cases and should I do it at all? 5. Will I be able to appeal the sentence (if there is a time limit) and how will I need to act? 6. If the punishment is a fine – will I still be judged for the rest of my life? Or is it administrative responsibility? I apologize if I named something wrong, I have never come across such things and I am very sorry that it happened and I just do not know how to proceed. Hope for your consultation, thank you very much.

Answers the head of the paragraph:

Hello. I advise you to carefully study the heading (“Potent”) in the consultation section, there are many similar cases and detailed answers. The heading is big, enter the word “sibutramine”. After which, if necessary, you can always clarify the remaining unclear.

About a lawyer. Write to us in which city you live.

I just want to draw your attention to the most important thing: was there an indication of the presence of sibutramine in the tablets in the instructions, packages, etc. available to you? Of course, you cannot consider the “warning” described by you as a warning, for the warning must be official, officials must warn, and not unknown persons with a dictaphone in their pocket. Therefore, the key is the intent to sell a potent substance. According to Article 28 of the Criminal Code, an act is recognized as committed innocent if the person who committed it did not realize and due to the circumstances of the case could not realize the social danger of his actions.

Judging by the amount of the transaction, the case was initiated under part three of Article 234 of the Criminal Code (sale of potent ones on a large scale), which is a serious crime (and by no means an administrative offense) and entails up to 8 years in prison (this is provided that these pills really contains sibutramine). But the sanction of part three is one of the widest in the Criminal Code: from a fine of 5,000 rubles to 8 years. (I don’t think this is wrong, the court should have a wide margin of appreciation. But there are obvious problems with it.).

A person is considered to be convicted not until the end of his life, with a punishment that is not related to imprisonment, the conviction is canceled one year after the execution of the punishment (payment of a fine, etc.).

05/26/2013

No. 6358

Elena asks:

(ephedrine)

Hello!

My son was convicted on 23.08.2012

– according to part 3 of article 30, part 1 of article 228.1 of the Criminal Code of the Russian Federation in the form of imprisonment for a period of 2 years (handicraft preparation of ephedrine (pseudoephedrine) weighing 0.086 g.)

-under Part 1 of Article 234 of the Criminal Code of the Russian Federation in the form of imprisonment for a period of 9 months (ephedrine 0.076 g), in accordance with Part 3 of Art. 69 of the Criminal Code of the Russian Federation, for the totality of crimes, by partial addition, finally determined 2 years 5 months, and in accordance with Art. 70 of the Criminal Code of the Russian Federation, to the punishment under this sentence, the unserved punishment from an early conviction under Art. 228.1 and was finally assigned 2 years and 6 months in a general regime colony

Considering that the crime under Part 1 of Article 234 of the Criminal Code of the Russian Federation has been decriminalized, does it make sense to write a petition to the district court to bring the sentence in line with the law? Can we hope for a reduction in the term? I also ask you to clarify the terms for parole, if I understand correctly, now it is 3/4. Share the information where you can find a sample of SUCH petition.

I clarify that the crime was committed on April 5, 2012…

Lawyer Arseny Lvovich Levinson answers:

Hello. Of course, it makes sense to file a petition for exemption from punishment under Part 1 of Article 234 of the Criminal Code due to the publication of the Decree of the Government of the Russian Federation of October 1, 2012 No. 1003, which excluded ephedrine from the list of potent substances.

Since January 1, 2013, the sale (storage for the purpose of sale) of ephedrine in the amount of not more than 25 grams has been decriminalized and administrative liability is provided for these actions under article 6.16.1 of the Administrative Code.

Exemption from punishment under Article 234 of the Criminal Code should entail mitigation of the sentence by sentence, exclusion from the sentence of Article 69 of the Criminal Code. Those. the sentence should only have 2 years assigned under Article 228.1 of the Criminal Code, and the unserved sentence partially added in accordance with Article 70 of the Criminal Code (1 month) .Thus, there is a real opportunity to reduce the term of imprisonment by 5 months.

Steroid Articles – MESO-Rx

You can find a legal description of the changes in legislation entailing the decriminalization of the actions imputed to your son in the Answers to the Questions of the Courts (No. 7), approved by the Presidium of the Supreme Court of the Russian Federation on February 13, 2013, and refer to this document in the petition, and see the samples of the petition. posted on our website.

About parole. Yes, those convicted under Part 1 of Article 228.1, for a crime committed after March 1, 2012, have the right to apply for parole upon serving 3/4 of the term.

07.05.2013

No. 6347

Ruslan asks:

(reducesin)

Hello! My question is: Is MCC (microcellulose) a pharmacologically active substance? I am asking in connection with the use of drugs containing sibutramine (reduxin).

Thank you in advance)

Answers the head of the paragraph:

Hello. MCC is a pharmacologically active substance of the drug Reduxin, which is confirmed by the Instructions approved by the Ministry of Health and Social Development of the Russian Federation (LS-002110-290212; see the instructions on the official website “State Register of Medicines”).

According to the Government Decree No. 964 of December 29, 2007, potent substances include “All dosage forms, no matter what brand (trade) names they are named, which include the substances listed in this list in combination with pharmacological inactive components.” Reduxin is a combined drug and it contains two active substances (sibutramine + MCC), so it cannot be classified as a potent substance.

05/03/2013

No. 6290

Maria asks:

(change in liability for the smuggling of potent substances)

Good day! According to the decree of the Government of the Russian Federation of February 4, 2013 No. 78, oxazepam, among a number of other substances, are excluded from the list of potent substances for the purposes of Article 234 and other articles of the Criminal Code and transferred to the list of psychotropic substances, the circulation of which in the Russian Federation is limited and in respect of which an exception is allowed some control measures … (list No. 3). Could you please explain what this will mean in practice? Does this mean that the law regarding the smuggling of oxazepam is being tightened, or vice versa? And if a person was tried in 2010 under Part 2 of Article 188 and found guilty, does it make sense to try to appeal to mitigate the punishment? Thank you very much!

Answers the head of the paragraph:

Hello. The liability for trafficking in narcotic drugs and psychotropic substances is stricter than for the trafficking of potent drugs. The exclusion of certain control measures for psychotropic substances in Schedule III means a less stringent regulatory regime (for medical purposes) than for substances in Schedule II. Criminal liability for illegal trafficking in substances on all lists is equal. Articles 228 and others related to drugs do not delineate responsibility depending on the schedule.

Your person was convicted of smuggling potent substances under Article 188 of the Criminal Code in force in 2010, part two of which provided for equal liability for smuggling narcotic, psychotropic and potent substances.

The situation with smuggling is as follows. Federal Law No. 420 FZ of December 7, 2011, Article 188 (smuggling) is excluded from the Criminal Code. The smuggling of the violent fell under Article 226.1, the smuggling of drugs – under Article 229.1. The liability under Article 226.1 remained the same as it was under the second part of Article 188 – from 3 to 7 years, regardless of size. For drugs (on a large, large and especially large scale), the punishment is increased. Thus, the legislator, having differentiated responsibility for strong and drugs, recognized that the previous equalization of them in Article 188 was unfair. I believe that this gives grounds to consider the law of December 7, 2011 as improving the situation of those convicted of smuggling strong substances and to raise the issue of mitigation of punishment in the supervisory complaint.

04/22/2013

No. 6262

Igor L asks:

(anabolic steroid)

Hello, please help me figure out the situation and I need your advice.

Foolishly and inadvertently, I got into an unpleasant story associated with highly active substances belonging to the class of anabolic steroids. Here’s the crux of the matter. I ordered anabolic steroids for personal use on one of the virtual sites in November 2012, via skype. The package came from Belarus. I did not know at the time of the order that although there is a customs union between the Republic of Belarus and the Russian Federation, the actions fall under the article on smuggling. When the order was placed, something prompted me to read more about it. Climbed a bunch of sites on legal topics, I realized that at the moment this is a pure criminal article. I wanted to cancel the order but it was too late. The package was already on its way. Having learned the degree of seriousness of everything, I did not want to receive it under any circumstances. I went to your site, read similar cases and recommendations not to go to the post office and receive nothing. And so he did. When the parcel arrived a week later, and they called me from the post office, said that I was not expecting anything and sent it by mistake. Then they called several more times, but not persistently. I didn’t pick up the phone. After about a month, they called again and the mail staff warned that you were returning the shipment. I once again confirmed that I was not expecting anything, that I was sent by mistake and let him return to where I came from. After that, everything seemed to calm down.

As I understand it, the unclaimed parcel went back to Belarus. And when more than three months have passed, suddenly a call from the Federal Drug Control Service to me at home, demanding to come to the conversation.

At the moment, I think what to do and how to do it. The fact is that some time has passed and I have not preserved any correspondence in Skype, in the computer with the seller. I did not receive the parcel, I did not sign in any notices and I did not fill out any order forms. Everything was in personal correspondence via Skype. I really didn’t know that the shipment of this kind of substances from the Republic of Belarus to the Russian Federation was smuggling despite the existing customs union, otherwise I would not have made such an order at all.

Now the actual question is: if I did not receive the parcel, then are my actions grounds for criminal prosecution ??? What is generally the basis for initiating a criminal case in such cases, the very fact of ordering, or exactly the fact of receiving what is ordered? Tell me how to act correctly in this situation now, communicating with the FSKN???

Lawyer Irina Vladimirovna Khrunova answers:

Hello. Firstly, it is possible that you are not being called about the parcel, but for some other reason. Secondly, you need to go to the Federal Drug Control Service, but only on the summons, which they must send you, and which will indicate when and for what reason you must appear. A prerequisite is to go to the FSKN with a lawyer, this is a very sobering fact for the FSKN employees winstrol depot cycle exactly what happened when we for sale. You are already a great fellow, since you refused to receive the parcel and did not succumb to the demands of the postal workers, so continue to behave in the same way.

The basis for initiating a criminal case is the fact that the parcel with drugs has crossed the state border of the Russian Federation, therefore, actions to order drugs will be the basis for prosecution. However, the established practice is such that it is impossible to prove the fact of ordering without receiving the parcel in such cases as yours. Unless you personally admit it.

04/17/2013

No. 6236

Eugene asks:

(sibutramine)

Hello, I am writing to you because my wife started having problems. It began with the fact that my wife bought weight loss pills on the Internet for herself … Having her own business with cosmetics, she periodically had calls, she needed it … did you periodically have any diet pills? … The remaining packs of pills are 7 packs … after another agreement, the wife decided to sell … after which she sold 2 packs like that (she did not offer to 2 people herself) … they sent us a seller who, after examining the outlet, began to beg his wife to sell and sell, and just before that, a couple of days before that, a man with a crust came to us and asked to sign that the pills could not be sold. the wife agreed to sell her to a “friend-seller” she was detained. The article is charged with distribution. From the evidence, calls where she is asked to sell and the appointment of a meeting before signing and after with the seller … .examination where it is indicated that there is “sibutramine” whether there is something else not .. .the house seized 4 more packs of pills and 1 left … there are testimonies from sellers about the fact that they gave the phone if people asked what was not on the counter. The case went to the prosecutor and returned for investigation 2 times … How can we expect something .. ??? help is needed they are scared that it seems like the court will be soon and the investigator still has the case.

Answers the head of the paragraph:

Hello. See consultation no. 4262.

10.04.2013

No. 6177

Olga asks:

(from potent to drugs)

Good day! My husband was convicted under Part 3 of Art. 234 of the Criminal Code of the Russian Federation (acquisition and storage for the sale of a potent non-narcotic substance – chlorophenylpiperazine, weighing 465.2777 g, i.e. in a large amount). And also under Part 1 of Art. 30, item “g” part 3 of Art. 228.1 of the Criminal Code of the Russian Federation (preparation for the sale of a narcotic drug – a mixture (preparation) containing heroin, weighing 6.3887 g., As well as a substance weighing 97.9 g., Containing amphetamine in its composition, weighing 21.3 g). In accordance with part 3 of t.69 of the Criminal Code of the Russian Federation, the final punishment was assigned to 09 years 10 months in prison with a fine of 20,000 rubles, with serving the sentence in a penal colony.

They applied to the district court for retraining in connection with Resolution No. 1002. Naturally, they were refused. The court refers to the argument that retraining would worsen the convicted person’s situation. We plan to file an appeal.

And in this regard, we ask for clarification about chlorophenylpiperazine. With acc. with the Decree No. 1002 this substance is recognized as narcotic. And the size 465.2777g is now extra large. Is it possible to ask the court to exclude the punishment under Art. 234 because chlorophenylpiperazine is no longer potent.

Answers the head of the paragraph:

Hello. The substance you named was recognized as a narcotic by the RF Government Decree of June 30, 2010 N 486 “On Amending Certain Acts of the Government of the Russian Federation on Issues Related to the Circulation of Narcotic Drugs, Psychotropic Substances and Their Precursors” (entered into force on July 20, 2010). Your husband was convicted before that date, so the transfer of a substance from strong to narcotic does not affect him, because the punishment for drugs is stricter than for strong ones. Resolution No. 1002 does not change the size of the potent.

04/05/2013

No. 6177

Olga asks:

(from potent to drugs)

Good day! My husband was convicted under Part 3 of Art. 234 of the Criminal Code of the Russian Federation (acquisition and storage for the sale of a potent non-narcotic substance – chlorophenylpiperazine, weighing 465.2777 g, i.e. in a large amount). And also under Part 1 of Art. 30, item “g” part 3 of Art. 228.1 of the Criminal Code of the Russian Federation (preparation for the sale of a narcotic drug – a mixture (preparation) containing heroin, weighing 6.3887 g., As well as a substance weighing 97.9 g., Containing amphetamine in its composition, weighing 21.3 g). In accordance with part 3 of t.69 of the Criminal Code of the Russian Federation, the final punishment was assigned to 09 years 10 months in prison with a fine of 20,000 rubles, with serving the sentence in a penal colony.

They applied to the district court for retraining in connection with Resolution No. 1002. Naturally, they were refused. The court refers to the argument that retraining would worsen the convicted person’s situation. We plan to file an appeal.

And in this regard, we ask for clarification about chlorophenylpiperazine. With acc. with the Decree No. 1002 this substance is recognized as narcotic. And the size 465.2777g is now extra large. Is it possible to ask the court to exclude the punishment under Art. 234 because chlorophenylpiperazine is no longer potent.

Answers the head of the paragraph:

Hello. The substance you named was recognized as a narcotic by the RF Government Decree of June 30, 2010 N 486 “On Amending Certain Acts of the Government of the Russian Federation on Issues Related to the Circulation of Narcotic Drugs, Psychotropic Substances and Their Precursors” (entered into force on July 20, 2010). Your husband was convicted before that date, so the transfer of a substance from strong to narcotic does not affect him, because the punishment for drugs is stricter than for strong ones. Resolution No. 1002 does not change the size of the potent.

04/05/2013

No. 6143

Engil asks:

Hello! Please tell me if after the entry of the Federal Law of March 1, 2012 No. 18-FZ and the Decree of the Government of the Russian Federation of October 1, 2012 No. 1002, amendments and additions were adopted on them for this period of time?

Yours faithfully, Engil

Answers the head of the paragraph:

Hello.

According to the Government Decree of February 4, 2013 No. 78, diazepam, clonazepam, phenobarbital and many others previously referred to as potent substances are included in list III of psychotropic substances from August 7.

The texts of other Government decrees amended in this regard will soon be posted on our website.

02.04.2013

No. 6067

Ruslan asks:

Hello! I ordered anabolic steroids in the online store on 06/23/12 for my own use. 03/14/13 I was handed a summons to the reception of the OKLON operative in the Orenburg region, Captain Morozov. I heard about the illegal actions of these employees, and before entering the building, I turned on the dictaphone, the recording began from the threshold of the FSKN building. Oper told me that those people who were distributing steroids were caught, and now they need our confirmation of receiving the parcels. I confirmed that I ordered, consumed, did not sell to anyone. I know that selling is a criminal offense. But I also know that the purchase, storage and use of steroids is not punishable by law. The package was sent from the Russian Federation and therefore is not contraband. Oper told me: “You have 2 ways out – either we go for a medical examination and send a document to the place of study and place of work that you were with us, or we do not do examinations, we do not send documents, but you will have to cooperate with us.” They wanted me to go to the gyms and sniff and look for those who sell anabolic steroids for them. I said that we would go for an examination, I refuse to cooperate. Oper says: “You must understand, there is one moment. I will bring 3 people like you and make them say that they bought from you, and this is article 234, sales, deadline.” At that moment, the second opera came in, asked who I was, and the first opera said, “Count what, refuses to cooperate.” The second operatic sat down next to him and said: “We can talk good, we can talk bad. I can make you sit handcuffed on the floor on the floor in a swallow pose, and I give you a 100% guarantee that you will do everything what will we tell you “I replied that we will go for examination. They told me to think well, not flog a fever in my youth, and be afraid for my ass and not for someone else’s. We went to the examination, on the way of the second opera, he again began to threaten me that we could speak badly, and when they ask me questions, I must answer correctly. I asked when the test results would be ready, they said that they would now conduct an express test and immediately find out everything. I passed the analysis, left the room and asked the first operative how soon the result would be. He says to me: “Do you need it?” Me: “it is necessary” He: “we will call you and tell you” Me: “I do not need a telephone conversation, I need to see a specific document of test results.” Oper, as if in a friendly way, slapped me on the shoulder and said, “Come on, don’t be a booze, everything will be fine.” And yet, I asked what would be a plus for me if I help even if I agree, they said if I buy an anabolic drug from a dealer and they will close it, and they will pay me 5000 rubles. I said nothing, After, they said they would call next week. Tell me how I can be in this situation? What should I do? I do not know how they will react to paper at the institute, I am a second year student of the medical academy. The test result should be negative, since I passed the test for narcotic substances, and not for metabolites of potent substances. The city does not conduct such tests. They can check the maximum for hormones, testosterone is overestimated, of course, so what, you can take them, but I did not use drugs. THE ENTIRE CONVERSATION WITH THEM WAS RECORDED ON THE VOICE RECORDER, AND IN THE RECORDING IT IS CLEARLY HEARING HOW THEY THREATENED ME AND OFFERED THEIR DIAGRAMS, AS THEY WANTED ME TO TAKE ON “PONT”. I will not cooperate with them. If they conduct a search at my house with their attesting witnesses, they can plant something, if suddenly a search comes, do I have the right to witnesses from my side? Tell me what to do, please! After all, I was called there as a witness, and they want me to do their job!!!!!

Lawyer Irina Vladimirovna Khrunova answers:

Hello. You made 2 mistakes, but, in my opinion, the situation can be fixed for now. First, you did the right thing by recording everything on a dictaphone, but a mistake – you had to go to a meeting with them not alone, but in the presence of a lawyer. Second, in the presence of a doctor, it was possible to refuse a medical examination, and in the doctor’s journal to make a note that at present you are being threatened by law enforcement officers. As a rule, doctors do not want to get involved with problems, and clearly record everything said in the office. But, in any case, you are a great fellow if you were able to record everything on tape..

Basically, there are 2 ways out – war or peace. War means that you make several copies of the dictaphone recording, and also make a transcript of this recording, that is, you write everything down verbatim on paper, make several complaints (to the prosecutor of the Orenburg region, the head of the investigative committee for the Orenburg region, the head of the Federal Drug Control Service, the Commissioner for Human Rights, journalists and etc.), insert the texts of threats there, attach a disc with the record and send them to addresses. These appeals will help you protect yourself from various illegal actions of these operatives. But this is a war, and it seems to me that it should be started as a last resort, since it is very dangerous to fight with representatives of law enforcement agencies because of unequal resources. The second option is peace, as a result of which you forget about their threats, and they forget about you altogether. Maybe the operatives need to be pushed towards peace. But this should not be done by you, but by someone else who knows the laws well. For example, the same lawyer who can come to Morozov, ask him to call the second operative who went with you for a medical examination, and talk to them, as they say, “not for the record.” Let them listen to the dictaphone recording, and invite them to forget about each other. If the operatives do not want to forget your existence, the lawyer can tell them that the complaints to all instances are already ready, and the lawyer sends them in case something happens to you, for example, detention, paper to the institute, etc. In my practice, operatives most often abuse the legal illiteracy of people (for example, they say that a person is obliged to undergo a medical examination, although according to the law he can refuse it), but if they face danger for themselves, they retreat. Your dictaphone recording with threats is a danger for them (checks, publications in the media, etc.), so perhaps a conversation with a lawyer will make sense. Just don’t do it yourself, get professional help. And in any case, prepare complaints, and copies of records, one of which you give to a lawyer and another close person.

And also, by the way, about the knowledge of the law. From the point of view of the law, you have every right to receive the results of your tests in narcology. You don’t have to wait for the police officers for this, you can just go and find out – this is your analysis.

03/25/2013

No. 5868

Artem asks:

(anabolic steroids)

Good evening! I have a big problem, I go in for sports and in one of the contact groups there was an article about anabolic steroids and access to their sales website, I bought 200 tablets of danabol and 3 ampoules of Sustanon 250 from them, I paid for the Moscow phone number they had no more data they did not give me information about myself, I thought that I was taking payment in Russia, I did it to the Russian phone number, then they sent them to me, and by tracking the parcel, I learned that it was coming from Belarus, there was no parcel for a long time for 4 weeks, I took it only for myself in personal purposes, but today they came to me from the FSB, I did not receive this parcel, I don’t know who intercepted it or what, I didn’t even see that there came at three.

And they took my testimony of how and where I ordered them, and I threw them all the correspondence with the seller, there was no question in the correspondence about foreign countries. PLEASE TELL ME WHAT TO DO NOW HOW TO LEARN MYSELF, HAVE NEVER BEEN IN SUCH SITUATION. THANK YOU

Answers the head of the paragraph:

Hello. You did the right thing by providing the authorities with your correspondence with the seller. After all, your task is to prove that you had the intention to purchase anabolic steroids for yourself, but did not have the intention to smuggle it. Acquisition of potent substances within Russia is not entirely legal, but not punishable.

It’s about the details. If, in your correspondence with the seller, you asked where the goods came from, and they answered you – from Russia, this is enough to declare the absence of intent. But if you did not ask such a question, this is a manifestation of imprudence. Negligence (when a person did not foresee the possibility of the onset of socially dangerous consequences of his actions, although with the necessary care and foresight he should and could have foreseen these consequences, Article 26 of the Criminal Code) does not exempt from liability. The task of the investigation in this case is to prove that you could, with due care, prevent the fact of smuggling, the evidence of which may be very different – the testimony of witnesses, the results of the ORM, etc. But to prosecute a number of other conditions must also be met, first of all, the offensive or opportunities the onset of socially dangerous consequences. We often resort to this advice, because it seems to be a universal and really very important provision of the Criminal Code: “An action (inaction) is not a crime, although formally it contains signs of any action provided for by this Code, but due to its insignificance, it does not pose a public danger “(Part 2 of article 14 of the Criminal Code). Unfortunately, the prosecution bites its teeth into the formal side, especially in cases of this kind. But if a criminal case is initiated, you can apply to terminate it on the basis of the above article.

28.02.2013

No. 5867

Vyacheslav asks:

(sibutramine)

Hello, I have the following situation: A page was created on the Vkontakte website with photos and descriptions of dietary supplements for weight loss … There were no applications for them, one day a correspondence began with a certain Alena, who said that the price of the drug was excellent, and wants to buy a batch for 100,000 rubles, allegedly she has her own beauty salon and she wants to sell these drugs there, she also assured that she is ready to continue to purchase monthly for the same amount, she also asked to bring the first batch personally under the pretext that “they often sent pacifiers and she does not trust “, I also asked how much sibutramine is contained in these drugs, I said that I do not know if sibutramine is contained there, but I know what El Cornetin contains.

It turned out that this was a “test purchase” and I was accepted during the transfer of money to the FSNK, I gave evidence that I ordered the batch in order to transfer it to her, I did not have these drugs in stock, they also want to say that it was group of persons My wife and I are in cahoots, but I said that my wife was immediately against it and I forced her. Tell me what you can rely on and which way to go so that the period is less.

Answers the head of the paragraph:

Hello. Do not set yourself up for a period, even “less”. I believe that in cases of sibutramine, it is more correct to actively fight off charges, especially if the case is under drug control. It is highly likely that sibutramine-containing drugs are harmful. Sibutramine is on the List of Potent Substances, the sale of which falls under Article 234 of the Criminal Code. Formally falls, but these means for weight loss have nothing to do with drugs, drug addiction. What does the FSKN have to do with it? This, of course, is abstract reasoning. But I think it’s important to keep this in mind.

The situation in which you find yourself, alas, is typical. Therefore, I refer you to the previously placed in the heading “Potent” .

28.02.2013

No. 5732

Natalya asks:

(sports nutrition)

Good afternoon, I really need the help of a specialist. A very unpleasant situation happened to my 17 year old son. At the end of August 2012, a random acquaintance (1 year younger than him) offered him to make money selling, as he said, nutritional supplements for sports nutrition. This new acquaintance brought his son through the Internet (classmates) with the seller of this drug. Then the seller of the drug gave his son information about the buyer, the son himself did not look for buyers. An unknown courier brought the drug home, after which a meeting with the buyer was scheduled for 09/04/2012, where the son went with his new acquaintance. Yesterday (almost six months after the drugs were handed over) my son and I were summoned to the drug control office, where they showed us a video of the drug sale (the name of the drug is not visible on the video), they said that it was a test purchase, and this is a potent drug (anabolic steroid), especially large size (100 tablets). The drug control office told us that they would transfer the case to the investigating authority to initiate a case under Part 3 of Article 234 of the Criminal Code of the Russian Federation. Please tell me what to do in this situation. My son is a positive guy, has a CCM in acrobatics, he had not been brought to the police before, and this was an isolated case, he really did not know that this drug belongs to a potent.

Answers the head of the paragraph:

Hello. Yes, the drug police made a great contribution to the fight against drugs, given that anabolic steroids have nothing to do with drug addiction, although they are certainly harmful to health, as well as many other things that are quite legal. The fight against drugs is carried out according to the principle “this is our article”, therefore the Federal Drug Control Service is engaged in weight loss drugs, potassium cyanide, sulfuric acid, sports supplements.

With a petition to terminate the criminal case, you can apply to the head of the investigative body in charge of the case (if the case has been initiated). The petition should be motivated by the insignificance of the actions committed by the son (Article 14 of the Criminal Code). It is very important to collect and attach to the application all possible documents characterizing your son. For example, he is engaged in acrobatics – a separate motion from the coach to dismiss the case (and not just a description). Documents must be sealed, copies – certified.

If it does not work, then file a complaint against the decision to initiate a case to the prosecutor, with the same attachments.

02/18/2013

No. 5731

Elena asks:

(anabolic steroids)

Hello! I have a similar situation as in question No. 4557, I sold 1 package (30 tablets) of Adriol TK without a prescription, your answer aroused hope, but a criminal case has already been opened and charges have been brought, tell me what to do, lawyers are full of “zeros” on the Internet, in this case, “there is no such practice.” You are the only one who can help, the eldest daughter enters the law faculty, the investigator threatens with problems, upon admission, please tell me, do not hesitate to answer!

Answers the head of the paragraph:

Hello. The main task is to prove: in your case, there is no sale of a potent substance, but “violation of the rules of production, acquisition, storage, accounting, dispensing, transportation or shipment of potent or poisonous substances.” Responsibility for such a violation occurs if this entailed, by negligence, their theft or causing other significant harm (part four of Article 234).

If there was no significant harm, then there is no criminal or administrative liability, but only official (for example, a reprimand). Please note: in part four, violations of the rules for dispensing potent drugs are also classified as violations of the rules.

You can submit a complaint to the district (city) prosecutor in accordance with Article 124 of the CCP. In this case, the initiation of a criminal case itself should be appealed. If this does not work, you will need to determine your line: agree with the charge in full and file a petition to consider the case in a special order (which is what both the investigator and the lawyer expect from you) or not admit guilt in illegal sale, and insist on the absence of corpus delicti in your actions.

02/18/2013

No. 5668

Elena asks:

(sibutramine)

Hello dear human rights defenders!

Previous questions No. 2163, 3675, 4376.

So the court of first instance passed a verdict to me after three years of hearings: 8 compositions were terminated due to the refusal of the state prosecutor as unreported confirmation and excessively impaired and was acquitted by the court for 5 compositions (1 unproven and 4 subsequent test purchases were declared illegal. , writing as a keepsake.

BUT, I was found guilty for the first test purchase under Article 234, part 3, the sale of diet pills, a suspended sentence of 3 with a probation period of 1 year.

The verdict has not yet entered into force.

I am going to appeal the appeal. Can you tell me what to focus on?

For example, should Article 30 of the Criminal Code apply to me, an unfinished crime, because this is a Test Purchase? The court did not apply to me 30 of the Criminal Code of the Russian Federation. In addition, in the criminal case, there is no evidence that I was selling diet pills before the 1st test purchase, except for the testimony of investigators that they saw ads on TV..

Is their testimony sufficient? Should they have recorded what they saw with protocols, video filming or reported on the information they saw with reports ??? I think so, but my thoughts are not supported by the legal framework.

The court did not take into account my arguments about ignorance of the presence of sibutramine in the tablets.

Will the opinion of Bureau Versia be accepted by the court of appeal??

And how to present it correctly? The court of first instance denied me a second examination.

Sincerely, Elena

Answers the head of the paragraph:

Hello. In the previously posted answers on the merits of the charge, I have already spoken out. For new questions:

Article 30 CC (uncompleted crimes) with Article 234 CC is generally not applicable. This, of course, is an incident, but the fact is that under article 228 (drugs) liability for marketing is provided and there is no liability for storage for the purpose of marketing. And under article 234 (strong), responsibility remained for both sales and acquisition, storage for marketing purposes. Those. the preparation and attempted sale of potent agents is already included in the very disposition of the article. As a result, it turns out that responsibility for powerful drugs is greater than for drugs – not in terms of timing, of course, but in terms of the corpus delicti. Therefore, it makes no sense to appeal against the non-application of Article 30 in the court of appeal.

You have the right to attach the conclusion of the Bureau “Versia” to the appeal and, accordingly, refer to it in the complaint (Articles 389.6, 389.13 of the CCP).

02/12/2013

No. 5647

Violetta asks:

(potent)

Dear experts, good evening! A question about potent substances: I found myself caught in a most unpleasant situation. I sold a slimming capsule to a friend of mine. I sold at the price I bought myself (I also accepted them). She did not even imagine that she would give these capsules to the Federal Drug Control Service for examination! They found a potent substance 6 mg (sibutramine) and opened a case under Art. 234 part 3 of the Criminal Code of the Russian Federation. They say the size is large. They called me a lawyer, but he did not inspire confidence in me. Also, they tried to win over to voluntary cooperation, to betray non-existent people, to name at least someone from their acquaintances, they frightened with horror stories, psychologically pressed. She pleaded not guilty. She did not testify against herself and others. As far as I understood, her testimony and expert examination were against me. Also, they called witnesses and she identified me as a seller. They didn’t take the money. I honestly doubt that it was “my” capsules that were examined. They let me go home, saying to collect certificates from the place of work, characteristics from neighbors, a district police officer, a psychiatrist, a narcologist. The feeling of “bad dream” does not leave. Previously not involved, etc. What threatens me? And most importantly: I ask experienced specialists to advise a good, reliable lawyer in the city of Rostov-on-Don. I would be grateful for your attention and help!

Answers the head of the paragraph:

Hello. The important thing here is: what are these capsules? We will proceed from the fact that this is not a drug, but the so-called additives (dietary supplements). What’s on the packaging? If the composition includes sibutramine and this is indicated on the package, in this case, formally, there really is a crime. If this is not indicated on the packaging, then there is hardly any intent to distribute potent substances. And article 234 of the Criminal Code establishes responsibility for an intentional crime.

Perhaps the capsules did not have a certificate, were distributed privately not through the distribution network, in which case one could speak of liability under Article 238 (“production, storage, transportation or sale of goods and products, performance of work or provision of services that do not meet the requirements security “). But this article is not under investigation by the drug control authorities. And the sanction is completely different: up to a maximum of 2 years in prison, while under part three of Article 234 – up to 8 years.

It is also important whether the action imputed to you is considered an episode of your regular activity for the distribution of such substances, or whether it is the only situational action. In the first case, evidence of systematic activity must be presented by the investigation. In the second case, it would be generally correct to stop criminal prosecution for insignificance under Article 14 of the Criminal Code. With such a petition, you can turn to the head of the investigative unit of the UFSKN, and to the prosecutor. It is appropriate to submit this petition, no matter what article you are attracted to. The main argument here: no one has suffered from your actions.

Unfortunately, we have no contacts of lawyers in Rostov-on-Don.

02/09/2013

No. 5549

Socrates asks:

Tell me please!

Today at the post office I received a parcel in it were SDV (Steroids) for my own consumption.

And the employees of the State Tax Committee accepted me, I said that I took steroids (Large size) for my own consumption, they took me to the department and, referring to the ban on the circulation of CDV in civilian use, they seized my parcel. The cost of the content (20 thousand rubles). Do they have the right to withdraw my parcel? (the package was not contraband)

Answers the head of the paragraph:

Hello. The acquisition and storage of potent substances, including anabolic steroids, is not punishable by either the Criminal Code or the Administrative Code.

According to the second and third parts of Article 129 of the Civil Code “Types of objects of civil rights, which are not allowed in circulation (objects withdrawn from circulation), must be directly indicated in the law. The types of objects of civil rights that can belong only to certain participants in the turnover or the presence of which in turnover is allowed by special permission (objects with limited turnover) are determined in the manner prescribed by law. In fact, potent substances fall under these conditions, in terms of their postage, since the Federal Law of July 17, 1999 No. 176-FZ “On Postal Communication” established that “In postal items sent within the Russian Federation, for shipment: narcotic drugs, psychotropic, potent, radioactive, explosive, poisonous, caustic, flammable and other dangerous substances “(Article 22).

In addition, the sale (shipment) of potent substances is a crime. This means that these substances are the subject of a crime and must be attached to the materials of the criminal case, as material evidence (article 81 of the CCP).

28.01.2013

No. 5435

Nadezhda asks:

(violation of the rules of sale)

prev. No. 5331

Hello. I already wrote to you. Let me remind you that I work as a pharmacy manager, I accepted an order for Omnadren, my employee sold it without a prescription (this is the work of drug control). At the request of the drug control, they raised the receipts and expense documents and it turned out that I had also sold Omnadren earlier, in September. I don’t even remember this incident (a lot of people pass). Now they show me part 1, according to Article 234, 30 days later, and they called me and asked to bring my documents. I came and was immediately charged. The lawyer said that it was necessary to agree to part 1, so part 4 is much worse in my case … I was at a loss, and in a rage at their methods of work … I did not sign anything, which further upset everyone … You write that part 4 of article 234 is much better than part 1 of article 234, so why does a lawyer advise me to agree to part 1 of article 234 after 30

Answers the head of the paragraph:

Hello. As we already wrote, liability under part four of Article 234 occurs only in the case when the violation of the rules for the legal circulation of potent substances entailed, by negligence, their theft or other significant harm. If theft or other significant harm did not follow, then there is no corpus delicti in your actions. Part four of Article 234 is included in the Criminal Code to separate cases of illegal sale from official violations of the established procedure for legal implementation. In this case, the burden of proving the occurrence of significant harm lies with the prosecution. Guess isn’t enough.

The lawyer’s proposal to follow the path of least resistance. Of course, maybe I don’t know all the details. But it looks like you are being persuaded to self-incrimination, which, in general, is not uncommon.

28.12.2012

No. 5430

Karina asks:

Hello! Please consult! At customs, officers found 4 packs of diet pills, 30 capsules each, containing sibutramine. The tablets were purchased from a pharmacy in China for personal use. Please tell me what will happen ??? there weren’t many pills, and I was taking it not for sale, but for myself … without selfish goals … Will I be judged under Article 226.1 of smuggling? … Thank you in advance..

Answers the head of the paragraph:

Hello. See the heading “potent” for a lot about sibutramine trafficking. Under the heading “contraband” see consultation No. 4262.

28.12.2012

No. 5331

Nadezhda asks:

I am the head of the pharmacy, I have accepted an order for Omnadren on discharge from a doctor, without a prescription. It was sold by a pharmacy employee. I am charged with sales. I really need your advice.

Answers the head of the paragraph:

Hello. The usual trick of drug control is that a criminal case in such cases is initiated as for the sale of a potent substance in parts of the first – third (depending on the size) of Article 234. Whereas in your case there is “violation of the rules of production, acquisition, storage, accounting , release, transportation or shipment of potent or poisonous substances, if this entailed, by negligence, their theft or causing other significant harm ”(part four of Article 234). The responsibility for part four, of course, is much lower than for parts one or three..

If there was no significant harm from the incorrect dispensing of the drug, then there is neither criminal nor administrative liability, but only official (for example, a reprimand).

13.12.2012

No. 5308

Vitaly asks:

Hello! Please tell me if you order ephedrine from abroad without the purpose of marketing, before 01/01/2013, how dangerous it will be and what is the likelihood of meeting at the post office with law enforcement agencies?

Answers the head of the paragraph:

Hello.

Until January 1, 2013, ephedrine is on the list of potent substances, the smuggling of which entails criminal liability under article 226.1 of the Criminal Code of the Russian Federation (from 3 to 10 years in prison), and after January 1, 2013 – in table 1 of list IV of the list of narcotic drugs, psychotropic substances and their precursors, liability up to life imprisonment (article 229.1 CC).

11.12.2012

No. 5204

Leonid asks:

(legal traffic of potent)

Hello, re-reading the criminal code in part of art. 234 of the Criminal Code of the Russian Federation, the main phrase of the article is not clear: “illegal sale of potent substances.” What exactly is illegality expressed, and if there is illegality, then how is the legal sale carried out (we are not talking about medicinal products whose circulation is regulated, but about those drugs that are not medicinal), is there a law regulating their legal circulation (tried to find independently, but the result is negative)…

Answers the head of the paragraph:

Hello. Some potent substances are subject to legal circulation, some are not subject, with the exception of their legal use in operational-search and expert activities. Article 228 is formulated in the same way. Narcotic drugs are also partially in legal circulation (in medicine, science, law enforcement and expert activity).

Potent substances, not related to drugs, are used in operational-search activities in accordance with the Federal Law on ORD.

20.11.2012

No. 5165

Dmitry asks:

(ephedrine)

Good day! I want to buy a fat burner that contains ephedra extract, is it allowed to buy such a product? is this substance on the list of narcotic ..?

Lawyer Arseny Lvovich Levinson answers:

Hello. Ephedrine and, accordingly, the extract of ephedra, is, until January 1, 2013, both a potent substance and a precursor included in Table I of List IV.

Ephedrine is excluded from the List of Potent Substances from 1 January 2013.

Until January 1, 2013, individuals are not responsible for the purchase of ephedrine. In your case, only actions performed for the purpose of marketing or marketing (which can be any form of transmission of a potent substance) and then if the sold fat burner is not a drug with other pharmacologically active components.

From January 1, 2013, Article 228.3 of the Criminal Code is introduced, which establishes criminal liability for the illegal acquisition of precursors on a large and especially large scale (Government Decree No. 1020 dated October 08, 2012 “On approval of large and especially large sizes of precursors of narcotic drugs or psychotropic substances, as well as large and especially large sizes for plants containing precursors of narcotic drugs or psychotropic substances, or parts thereof containing precursors of narcotic drugs or psychotropic substances, for the purposes of Articles 228.3, 228.4 and 229.1 of the Criminal Code of the Russian Federation “).

13.11.2012

No. 5119

Roma asks:

(acquisition of potent)

Hello. I am an athlete and I use steroids to prepare for performances. I mostly order online. I do not sell them even to my relatives, I am careful in this matter. But the hour is uneven when a matter of time will be accepted at the post office. And how to prove that not for sale, but for your own use?

Answers the head of the paragraph:

Hello. Actually, the prosecution should prove guilt. You have the benefit of the doubt. This was the case until 2002. In the current Criminal Procedure Code, among the circumstances to be proven, there are “circumstances excluding criminality and punishability of the act”. So the burden of proving the absence of criminal encroachment (after all, the acquisition of the strong is not prohibited) will be placed on you. And can you be sure that the online store is located in the Russian Federation? If outside it is smuggling.

04.11.2012

No. 5093

Alexander asks:

(steroids)

Hello.

I have a question that has been troubling for a week. I ordered 100 tablets of the same brand of anabolic steroids from one person. The question is, if upon receipt of the parcel at the post office I am met by employees of the State Tax Committee, which threatens me?

Answers the head of the paragraph:

Hello. First of all, you are in danger of communicating with drug control officers.

If “one person” is in Russia, there is no corpus delicti in your actions: the acquisition, storage of potent substances for personal use is not punishable. However, it is possible that you will be taken under surveillance, because the seller of steroids (in any case, even if he is not abroad) is committing a crime. And if a criminal case is initiated against him, you may be involved as a witness.

28.10.2012

No. 5087

Evgeny A asks:

(steroids)

Hello!

About 3 months ago I ordered steroids via the Internet for my own use, upon receipt they were taken by the employees of the State Tax Committee. The package was from Ukraine, I did not know, because before that he always sent me from Russia, communicated with him via Skype! The case was brought up against him, and I was interrogated as a witness and released, and recently they called and said that they could start a case for smuggling, they want me to cooperate with them! that the truth can be imprisoned, I did not know that she was from Ukraine, what was my fault and whether they could start a case if they did not immediately?

Lawyer Arseny Lvovich Levinson answers:

Hello. Anabolic steroids (nandrolone, methandienone) are included in the List of potent and poisonous substances for the purposes of Article 234 and other articles of the Criminal Code of the Russian Federation, as well as large amounts of potent substances for the purposes of Article 234 of the Criminal Code of the Russian Federation, approved by Decree of the Government of the Russian Federation of December 29, 2007 No. 964. Their illegal movement (including by mailing them) across the customs or state border of the Russian Federation is considered contraband and is punishable by imprisonment for a term of 3 to 7 years with or without a fine and restriction of liberty (Article 226.1 of the Criminal Code). A necessary sign of smuggling is that it is committed with direct intent. Those. the guilty person must be aware that he is illegally transporting strong substances across the customs border and wish it. If you did not know and could not know that the order will be sent to you from Ukraine, your actions cannot be considered criminal. The proof of the lack of intent in your case is the correspondence with the seller and the fact that you previously received steroids from Russia from the same seller (there may be postal confirmation of this). The acquisition of potent substances in itself is not punishable..

True, a lot depends on the testimony of the seller, against whom a criminal case was initiated. It is possible to attract you as a suspect / accused if the seller shows that you were aware that the steroids will be sent from abroad.

Cooperation with the drug police does not provide any guarantees against criminal prosecution.

27.10.2012

No. 5031

Alexander asks:

Hello. I helped a person with the purchase of the medicine sibutramine. I took the money from him and transferred it to the account of an unknown seller abroad who sent the drug to the buyer’s address. He got it.

What can I face in this case?

Thank you in advance.

Lawyer Arseny Lvovich Levinson answers:

Hello. The described actions can be qualified as aiding in the smuggling of a potent substance.

By Government Decree No. 964, sibutramine is classified as a potent substance. Unlike drugs, potent substances are not prohibited from purchasing. Only actions related to the sale of potent (article 234 of the CC) and their smuggling (article 226.1 of the CC) are punishable. Accordingly, complicity in the acquisition of sibutramine does not threaten anything. But the sanction for the smuggling of the strong, according to part 1 of Article 226.1 of the Criminal Code – from 3 to 7 years in prison (with a fine and restriction of freedom, or without such).

16.10.2012

No. 5005

Mark K asks:

Greetings, Dmitry Yurievich. I think no one can answer my question as well as you.

Websites selling legal steroids have recently appeared on the net. The legality of the products is explained by the addition of additional pharmaceutical active ingredients. Is it so?

Answer: Dmitry Yurievich Gladyshev, Ph. Sci., Expert of the VERSIA Bureau:

Hello

The legality of this or that drug can be assessed only after researching a specific substance or group of substances contained in it..

Adding a pharmacologically active component to a drug in which it was originally (during its production) was not, is illegal if the addresser has intent to market a substance that is prohibited or restricted in circulation and disguises it as a drug that is approved for circulation.

Even if these pharmacologically active substances are added (“added”) to the dosage form during its production (for example, in China or Israel), then I would not deal with such drugs, and I would not advise you.

And yet, keep in mind that if on sites advertising these supposedly legal drugs, you see the conclusion of any laboratory or expert organization, which contains information that the dosage form contains, in addition to a controlled substance, a pharmacologically active component, then be aware that this conclusion is not a permissive document that legalizes its sale.

The legality (legality) of the sale of such drugs can only be confirmed by a state body (for example, Roszdravnadzor or the Federal Drug Control Service of the Russian Federation).

12.10.2012

No. 4992

Sergey asks:

(violation of the rules of legal circulation of potent)

Hello! I work as a psychiatrist at the Central District Hospital. A good friend of mine is an employee of the Ministry of Internal Affairs, often on business trips to hot spots, is a veteran of military operations. After another business trip with an exacerbation of gastric ulcer, he was on sick leave from a general practitioner who, due to concomitant complaints of insomnia, irritability, PTSD (post-traumatic stress disorder) symptoms, referred him to me (officially) for consultation. After the conversation, examination, writing to the outpatient card, I prescribed a course of treatment for him, the standard of which includes the drug Relanium (a prescription for 5 ampoules of Relanium was written with a recommendation for intramuscular injection of 2.0 ml at night). After checking the pharmacy, the drug control officers presented me with claims (so far unofficially) about exceeding my official duties by prescribing a potent substance to an employee of the Ministry of Internal Affairs (allegedly he should have contacted a departmental clinic about this and received treatment there, and now he faces at least dismissal from work for illegal acquisition of SDV and me a severe reprimand or even criminal liability). Is there a crime in my actions? Or is it, excuse the slang, “divorce” on the part of the FSKN operatives? Thanks in advance for your answer (I haven’t slept for a week already). Yours faithfully! Sergei.

Answers the head of the paragraph:

Hello.

I am at a loss to say anything about a severe reprimand, but there is no criminal liability in the situation described by you in your actions. According to the fourth part of Article 234 of the Criminal Code, violations of the rules for dispensing potent substances are punishable if this entailed, by negligence, their theft or causing other significant harm. Liability is provided in the Criminal Code only for the illegal issuance of prescriptions and only in relation to preparations containing narcotic or psychotropic substances. Relanium does not apply to either, it is powerful. For what to punish a patient who has received a potent medicine in the wrong place is generally incomprehensible. The acquisition of potent substances, whether they were acquired legally or illegally, is not punishable either by the Criminal Code or by the Administrative Code.

08.10.2012

No. 4956

Vera Nikolaevna asks:

Hello! I have a sibutramine affair. I used your website and found important information for myself about the need to apply for a pharmacological examination for the presence of other pharmacological active substances in drugs for weight loss, in addition to sibutramine. Tell me how to correctly formulate questions to the experts, as I understand the answers will be received only to the questions asked. and if you miss something, then the experts’ resume may not convince the investigation that the case does not fit under Article 234.

Answer: Dmitry Yurievich Gladyshev, Ph. Sci., Expert of the VERSIA Bureau:

Hello Vera Nikolaevna, it is advisable to ask the following questions to resolve the expert’s opinion:

Are the capsules submitted for examination a drug, if so, which one??

What kind of dosage form are the capsules submitted for research?

Are there pharmacologically active components in the composition of the substances in the capsules in addition to sibutramine, if so, which ones??

I would like to draw your attention to the fact that such an examination can be performed not only in state forensic institutions (Federal Drug Control Service, the Ministry of Internal Affairs, the Ministry of Justice, Customs or the FSB); for its implementation, a license for the examination of narcotic drugs and psychotropic substances is not required. Try to get her appointment not to forensic chemists from law enforcement agencies, but to professional pharmacologists (for example, to the department of pharmacology of a university or institute).

28.09.2012

No. 4902

Georgy asks:

Thank you very much for your reply no. 4885. I would like to tell you the details of this case. Article 234 on part 3 is imputed because when transferring these drugs, a certain T., who was the purchaser, put 5 thousand rubles into my sister’s pocket, on the basis of this, part 3 of article 234 is charged. But my sister did not take the money in her hands and there was no question of the amount at all, she really did drugs are donated to help the patient. And her help was on the basis of the documents provided by the purchaser and in which it was said that his mother was really sick. The head of the department also saw these documents, he can confirm this. The documents were seized by the FSKN officers and in the materials of ug. cases do not appear. The lawyer said that he would try to re-qualify this case as an administrative one (since these drugs were not stolen and did not bring harm to anyone because there was a voluntary delivery by the purchaser to the FSKN employees), but did not give any guarantees. Do you think we have a chance?

Answers the head of the paragraph:

Hello. As I see it, in the stated situation, the main legally significant circumstance is the following: did the doctor really receive documents confirming the illness of the mother of the applicant? In this direction, it is desirable to focus the efforts of a lawyer.

16.09.2012

No. 4885

Georgy asks:

(illegal sale or violation of vacation rules?)

Good afternoon, this is the situation. My sister works as a doctor, about 3 months ago a certain T. turned to her with a request to help him, because his mother is seriously ill and needs pain relievers. My sister prescribed treatment (not prescriptions) for him and he left. After a while, he came again and with tears began to beg for a tram and a Relanium, because conventional painkillers do not help the mother. My sister gave him 2 ampoules of Relanium and 1 ampoule of tramal. After 4 days, he returned and again asked for drugs. The sister again gave him 1 ampoule of tramala and 5 ampoules of Relanium. After 5 minutes, officers of the Federal Drug Control Service entered her office, said that they had all the recordings of the program, they searched and found nothing, and took her for examination, which also revealed nothing. She immediately told them everything and signed the necessary papers without the presence of a lawyer. After 3 weeks she was summoned for interrogation by the investigator, she came with a lawyer. The investigator provided her with her primary testimony, as well as an examination of the drugs from which it became clear that she was large and she was accused under Article 234, Part 3 of the Criminal Code of the Russian Federation, she could face up to eight years. At the first interrogation, she, together with her lawyer, referring to Article 51, refused to testify, after which the investigator said that if he kept silent, he would put her in jail pending trial. She had not been involved before, she has a 5 year old child. How can we be, can she really be imprisoned or will be given a suspended sentence, and how to behave during the next interrogation. Tell me, I’m really looking forward to it…

Answers the head of the paragraph:

Hello. I am not sure that in such a situation one should hide behind Article 51 of the Constitution, especially if one has a lawyer, and if there is, moreover, initial evidence. Although, of course, if the initial testimony was given in the absence of a lawyer, if rejected, they should be declared inadmissible.

I do not presume to state categorically, but, judging by your presentation, strong drugs were transferred not for non-medical use, but for the treatment of a seriously ill person (albeit in violation of the established procedure for the legal circulation of such drugs). In this case, the actions of the doctor could be qualified under the fourth part of Article 234 (violation of the rules for dispensing potent substances), but only if this act entailed, by negligence, their theft for causing other significant harm. If in the case of your sister there were no such consequences, we can only talk about official responsibility. Part three of Article 234 (illegal sale of potent substances on a large scale) is inapplicable in this case. But, I emphasize, the possibility of such a qualification depends on the specific circumstances of the case..

12.09.2012

No. 4848

Anna writes:

(conditional sentence)

Hello! I have previously contacted you twice for advice (question number: 4759), I just wanted to write you the outcome of my case, because this Wednesday (August 22, 2012) I was sentenced: 3 years probation. It’s a shame and very unpleasant of course that this happened, but, most importantly, that she remained free, and the rest is all the little things of life! Thanks to this situation, I learned a good lesson in life: that you should never go there where you either do not understand anything, or do not know all the subtleties! Each person should do his own thing, that is, what he is well versed in and knows all kinds of pitfalls! Thank you again for your invaluable advice! Regards, Anna

Answers the head of the paragraph:

Hello. It could have been worse, of course. You have the right to appeal the judgment by way of supervision, even if you have not filed a cassation appeal.

05.09.2012

No. 4842

Julianne asks:

As practice shows, now there are a lot of arrests associated with the sale of narcotic substances.!

I have a question: my friend opened a small internet showcase selling sports nutrition and recreators! The substances are DMAA (dimethylamylamine) and Tablets based on the same oils of geranium, bitter orange extract, magnesium stearate, caffeine, dicalcium phosphate. Is everything clean here? and is there anything to be afraid of?

Answer: Dmitry Yurievich Gladyshev, Ph. Sci., Expert of the VERSIA Bureau:

Felix Edmundovich’s followers often say: “The fact that you are at large is not your merit, but our fault.”.

The rich experience of previous generations allows us to be convinced of the eternal relevance of this statement. It is likely that this “cannibalistic dictum” will pass into the category of “smart thoughts”.

In this regard, if your friend decided to do “doping”, then you need to be very careful. Some guarantee of his “safe” business could be a preliminary study of the substances sold by independent experts, but you cannot check every can and bottle (and such a study is expensive). In this regard, demand from the “suppliers” the conclusion of customs experts for these products or other documents confirming its qualitative and quantitative composition, carefully compare it with the Lists and Lists of substances restricted and prohibited for circulation.

Practice shows that substances and preparations that do not have official certificates (documents) confirming the legality of products should not be sold.

Expert of the Bureau of Independent Expertise “Version”, candidate of chemical sciences, Gladyshev D.Yu.

02.09.2012

No. 4811

Kostya asks:

Hello, I wanted to ask advice, my friend bought anabolics on the Internet for himself, but he decided to sell half of it, he found a person on the Internet, he phoned him and sold him 1 pack of anabol and 5 ampoules of decadurabolin, a month later the same person from the Internet again ordered 1 pack of anablol for himself and 10 ampoules of decadurabolin, and at the second meeting he was accepted on the spot with the STC THIS was a test purchase, he was presented with a term of up to 8 years, he was not judged what awaited him and how to help him?

Lawyer Arseny Lvovich Levinson answers:

Hello. See consultation number 2174. You can help with collecting and filing information that positively characterizes your friend. You may be able to negotiate with someone of status people (teacher, coach), with whom your friend was familiar, so that they come to court and act as witnesses.

08.08.2012

No. 4796

Asks N:

(ephedrine tablets)

Hello! I already wrote to you through the site but did not receive an answer, I decided to ask again.

I ordered the drug via the Internet without the purpose of selling, the description on the website says that it helps with: hay fever, colds, flu, allergies, bronchial and other problems. I knew that there was ephedrine, but I did not know that it was a potent substance and that it would face criminal liability. I have read on many sites that it is used for weight loss, as a very strong fat burner. And I wanted to use this drug for these purposes. The site is in English and is located in Canada (as it turned out later) and, accordingly, was sent from Canada. Much more days have passed since the order than promised, and I already forgot about the order. But then the postman came, and began to behave strangely, and came up with strange excuses so that I would immediately go to receive the parcel, I went but the parcel was not given out since there was no boss, I began to be interested and ask on the forum what ephedrine is and what is the best way to proceed , I was advised not to go anymore, then they gave me a link to your site. I read and understood what it was and what it could be, read similar cases, where it was advised simply not to pick up the parcel and refuse it in every possible way. Which I did. They called from the post office – I said that I was not waiting for the package, then they called again, I again said that I was not waiting, they told me that this was your package and that they could give me a fine. And when everything seemed to have calmed down, they came from the State Narcotics Control Board and took them away, I told them all the same, then they came with a search, there was nothing and there was nothing, they took away the computer, phone and all sorts of papers and flash drives. While I am a defendant under Article 226.1, as there are examinations on the seized.

Questions: I ordered 500 tablets of 8mg each, which is equal to 4g of active substance, they charge me 60g. But as I understand it, a particularly large size is more than 10g, but how to calculate the total weight or active substance?

Should you ask for a Special Order? And I used to order various sports food, and suddenly it turns out that there was also something forbidden there, how will this affect the case?

And maybe you can somehow close the case or speed up the consideration? Since it is not clear what to expect, whether to get a job or not (they will jail and not), or maybe I can still go to work in Finland.

Before that, I had no problems with the law at all, I am 23 years old, currently unemployed, as I was going to go to a seasonal job in Finland.

Thank you very much in advance!

Answers the head of the paragraph:

Hello. It probably makes sense to file a petition for a special hearing. This still increases the chance of a suspended sentence, although it does not guarantee. Even if the situation is favorable, you should not go to Finland, the conditional sentence involves regular visits to the criminal executive inspectorate. What you ordered earlier will not be sewn to business. As for the quantity, it will not be necessary to talk about this under a special order, since the case is not essentially considered, especially since the responsibility for the smuggling of potent substances does not depend on their size. The division of potent into medium-sized and large sizes is provided only for the purposes of Article 234 (marketing), and not 226.1.

Of course, that is why there is a so-called fork of sanctions, in this case from three to seven years, so that the court takes into account all the circumstances, including the number of the accused. But after all, a court deciding questions of punishment on the basis of inner conviction, regardless of how to calculate the size, understands what is at stake. No matter how you count, by the active or by the whole weight, how many pills there are, for so many they are judged.

The only thing that I can add approvingly is that since you were not taken into custody, there is hope for a punishment not related to imprisonment..

05.08.2012

No. 4759

Anna asks:

Hello! I need your invaluable advice on my case again! As I already wrote in my first question, they took my laptop for examination, and now the examination came! The expert examination did not establish the fact of my knowledge of the presence of sibutramine in capsules, as I stated earlier in the State Oil Company! Also, the investigator showed me 2 videos from purchases, where I provide the “customer” with copies of the certificate and the results of laboratory testing provided to me by the manufacturer, in which the composition is 100% identical to the composition on the package – 100% natural and I pronounce the name of each document aloud, making a bias to the prescribed composition, that they say: Look, the composition is completely natural, there are no dangerous substances, such as in numerous fakes with sibutramine! Thus, I make it clear that I am confident in my product, because I have official confirmation of my words! These copies of documents are attached to the case! Further. My lawyer, while the examination was underway, found out an interesting fact that: The capsules in question (in the same composition and from the same manufacturer that I had!) Are in the list of approved dietary supplements on the Rospotrebnadzor website and on the website of the Federal Register of approved , that is, registered bads on the territory of the Russian Federation! If this drug is registered in the Russian Federation, can such articles as: 234 part 3 and 226 – smuggling be imputed for it? As it seems to me (this question interests me now!), Here the maximum that can be imputed is a violation of vacation (that is, without a license), but, as far as I know, there should be administrative responsibility, not criminal one, please tell me if I think correctly?

Answers the head of the paragraph:

Hello. Perhaps, in addition to the previously stated, it makes sense to use the argumentation from our consultations, for example, question No. 4707 on the page of the consultations “strong”, i.e. prove that if sibutramine is present in the drug seized from you, the drug as a whole is not a potent substance.

It is obvious that the presence of dietary supplements of exactly the same composition in the lists of approved for sale excludes prosecution under Articles 234 and 226.1. If something else is found in the preparation, then you cannot be responsible for this, unless it is proved that you were aware of the real composition.

The answers to your last questions depend on the outcome of the investigation..

I can only say that criminal liability for illegal engagement in private pharmaceutical activities and for violation of sanitary and epidemiological rules is possible only if serious consequences occur as a result of these actions. If they were not there, only administrative liability is possible..

15.07.2012

No. 4731

Elena asks:

(sibutramine)

Hello. In your answer to question No. 4707, you write that you need to apply for an examination to identify active ingredients in combination with sibutramine. The lawyer made such a petition, since I had previously read about it from you, but we were refused, citing that these pills could not be a drug, because they were not registered with us. The case is already in court, can we file a similar petition again, and if it is again denied, what to do? Thank you in advance

Answers the head of the paragraph:

Hello. Yes, such a request can be made in writing with a mandatory detailed justification. If the court refuses, this is the reason for the cassation appeal of the sentence.

10.07.2012

No. 4707

Olga asks:

(sibutramine)

hello dear advocates and lawyers of this site. I want to go straight to the point I am charged with Article 234 Part 3 Yes, I will not deny that I sold capsules for weight loss, the problem is that this woman turned out to be a freelance employee of a well-known body a few days later she came to me and asked for another package I ask why I was going on a business trip I will not be for several months, so I sold it, and after 5 minutes people came to me with paper for a search, even in the cellar they were digging and in the children’s crib, little son 1.9 at that time he was asleep on my refrigerator there were 38 jars they took everything I went with them They asked where she took it and answered that she bought in China all the consequences, respectively, now they say that it contains sibutromin in the amount of 522 grams, kind people told me that there is a good site, this is where you can read something useful for yourself, which I did and printed out the appropriate comments and they answered me and my lawyer yes this is all garbage and on the Internet you can find anything you like and your note about the constitutional court doge e nonsense, they showed me that the ladies refused to appeal to people. What to do about m o g and t !

Answers the head of the paragraph:

Hello. All consultations posted here are in accordance with the law. As for the Constitutional Court, although I do not quite know which note you have in mind, it really accepts many definitions, the operative part of which sounds like “refuse to accept the complaint.” But at the same time, the text of the Constitutional Court definition often provides such an interpretation of the contested law, which is capable of correcting the practice of applying the law and at the same time has supreme legal force.

You write that you have read our recommendations for numerous questions about preparations containing sibutramine. I will not reiterate what has already been stated. I just want to draw your attention to the fact that most likely (after all, your message is brief), the most significant and fundamental objection to the criminal prosecution of you is the absence of information from the manufacturer and the seller about the content of sibutramine in the preparation and your ignorance about it. After all, in the same way, you can bring some shampoo or sauce from abroad, and then find out from the Federal Drug Control Service what is contained there.

If you are ready to defend your innocence (and if you did not know about the content of a potent substance in the drug you purchased), you should take the matter seriously and convince your lawyers that it is necessary to provide evidence that 1) the seized drug, although it is not registered in the Russian Federation as the drug, in fact, is because It is similar in its effect on the body to drugs registered in the Russian Federation, such as, for example, meridia. Such a conclusion can be obtained as a result of a pharmacological examination. What is it for? The ill-fated drug, for sure, like other such Chinese remedies, contains, in addition to sibutramine, other pharmacologically active components (herbal extracts, etc.). If at the same time it is established that it is actually a drug, then it as such is not recognized as a potent substance. According to the Decree of the Government of the Russian Federation of December 29, 2007 No. 964, which approved the list of potent substances, potent are “All dosage forms, no matter what brand (trade) names they are indicated, which include the substances listed in this list in combination with pharmacological inactive components “. That is, if the dosage form contains, in addition to the potent sibutramine, other formologically active components. there is no responsibility for the circulation of such a drug if it is not included in the list of potent substances as a separate item. In the meantime, your drug is considered not as a medicine, it is subject to another line of Resolution No. 964, referring to the potent “all mixtures and solutions containing the substances listed in this list, regardless of their concentration”, except for drugs.

The Federal Law “On the Circulation of Medicines” includes unregistered medicinal products as such (Article 4). The circulation of unregistered drugs in the Russian Federation is prohibited, but this does not mean that they cease to be drugs.

I think we need to work on the case in this direction.

02.07.2012

No. 4681

Anna asks:

(smuggling of anabolic steroids from Belarus)

Hello, I am writing to you from Belarus. I had a misfortune, my husband imported potent substances into the territory of the Russian Federation, or rather sports dopping. in Belarus, he is allowed. While transferring these drugs, he was detained by employees of the State Tax Committee, they say that this is a test purchase. He had never done this before, until that moment the employees of the State Tax Committee watched her husband’s brother, they say that for 2 years. But at the last moment he refused, they went to my husband and he agreed to bring it. (No purpose of arriving, he was driving at that moment to watch the TV). They want to charge him with charges under Article 234ch3 and smuggling. Can you please tell me what to do ??? I’m desperate. and also pregnant! What threatens my husband?

Answers the head of the paragraph:

Hello. There are two ways.

1) Insist that the accused has become a victim of provocation (since he would not have committed these actions without the buyer’s persuasion), that is, insist on innocence. Russian legislation distinguishes between a legitimate test purchase and an illegal provocation, which is directly prohibited by the Federal Law “On Operational Investigative Activities”: the bodies carrying out the ORD are prohibited from “inciting, persuading, inducing, in direct or indirect form, to commit illegal actions (provocation)” (Article 5). If the investigation had evidence that your husband would have committed these actions, regardless of whether the buyer asked him about it or not, that is, if he himself was looking for a buyer, or if there was information about your husband’s repeated performance of such actions – the position of the prosecution would be well founded. Otherwise, there is a chance to prove the provocation. It’s probably hard to do without a lawyer.

2) Admit guilt and file a motion to consider the case in a special procedure. In this case, the punishment may be less severe. The sanction of the third part of Article 234 provides for a wide “fork”: the guilty person can be assigned a fine of 2500 rubles. until imprisonment for a term of 8 years. Forced labor (the so-called “chemistry”) is also provided. At the same time, imprisonment is also possible in a wide range – from 2 months to 8 years, because part three of Article 234 does not contain a lower term limit. From which it follows that 2 or several months of imprisonment can be ordered by the court without any exceptional circumstances, but only in the presence of mitigating circumstances, such as the commission of a crime for the first time, the absence of victims in the case, the legality of the sale of such drugs in Belarus, your pregnancy.

June 27, 2012

No. 4633

Asks N .:

Hello. The situation is as follows. A work colleague of mine purchased anabolic steroids over the Internet for personal use. Departure within Russia. The package is still on the way. However, someone told him that anabolic steroids were now equated to drugs and if he received a package, he could be convicted under Article 228 (allegedly some amendments to this article were recently adopted and therefore they will be judged for purchasing steroids as for acquiring drugs They said that even on television there were some programs where it was said). Since we both go in for sports, this topic is interesting to me. Were there really any amendments and were anabolic steroids really equated to drugs??

Answers the head of the paragraph:

Hello. Anabolic steroids are still on the List of Potent Substances. Any form of sale of potent substances is illegal. There is no sanction for the acquisition, it is not a crime. But when you buy, you are involved in criminal activity, because selling is a crime. And given that Article 234 of the Criminal Code has responsibility not only for sales, but also for acquisition and storage for sales purposes, the risk of being accused of participation in a criminal community is very high. Not to mention the fact that if the parcel turns out to be sent from the territory of another state, it is contraband (Article 226.1. CC).

18.06.2012

No. 4626

Vadim asks:

Hello! I ordered a potent substance (100tab) over the Internet for my own use. The parcel arrived, I took it, then they called from the Federal Drug Control Service, they said that I was charged under Article 226, part 1 (smuggling of potent substances), and I needed to report to them. When I ordered, I did not know that the package would be from Belarus. The person from whom he ordered did not say where to send anything. What to do? Can they really plant?

Answers the head of the paragraph:

Hello.

Yes, the charge is serious. One line of defense is to prove that the seller’s location outside the Russian Federation could not be known if the site is really silent about it. Or admit guilt and apply for a special procedure. The smuggling of strong substances is not punishable as severely as the smuggling of drugs. Although this is only in comparison, tk. punishment for violent people under Article 226.1 of the Criminal Code – from 3 to 7 years in prison. Seek support at work, study, etc. In order not to get a real deadline, you must prove that you are a positive person. Formal characteristics, even positive ones, are insufficient. It is better if they are individually colored and contain a petition not to apply real imprisonment to you.

18.06.2012

No. 4602

Marina asks:

Is the Egyptian drug efanol (they want to impute it to smuggling) potent? Expert opinion – a mixture containing ephedrine and phenobarbital. However, there are still two pharmacologically active drugs. How to build a defense? In the pharmacy there it goes as a medicine for coughs, bronchial asthma, etc..

Answer: Dmitry Yurievich Gladyshev, Ph. Sci., Expert of the VERSIA Bureau:

Hello Marina, “pure substances” “EPHEDRIN” and “FENOBORBITAL” by the Decree of the Government of the Russian Federation of December 29, 2007 No. 964 are included in the List of potent substances for the purposes of Article 234 and other articles of the Criminal Code of the Russian Federation. The same list controls “All mixtures and solutions containing the substances listed in this list, regardless of their concentration”.

For protection, you need to focus your efforts on proving that the Egyptian drug “efanol” is a “dosage form” containing, as you indicate, two more pharmacologically active drugs.

If you can prove this, then control measures for such a drug (dosage form) do not apply.

It is advisable to present your evidence in the form of a specialist opinion.

Expert of Bureau “Version”, candidate of chemical sciences Gladyshev D.Yu.

10.06.2012

No. 4572

Valery asks:

Hello. I have a difficult situation. In September 2011, I bought Lindax diet pills at the pharmacy (no one asked for a prescription). She did not drink them because of contraindications. We were lying around at home. In March, I saw that the shelf life was coming to an end and decided to sell them. Submitted ads on the classifieds site. The girl called and we agreed to meet. On March 6 in the morning we met at the shopping center. During the conversation, she said that she had heard somewhere that the drug was banned. I said I hadn’t heard anything about it. Then she asked if she still woke me up, I explained that I had bought one pack and I didn’t have any more. After the deal, strong young people from the State Tax Committee surrounded me. In their Gazelle, I told everything as it was, in the presence of attesting witnesses. They kept me there all day without even giving me a phone call, then they invited me to the head of the department, who explained that either a confession or a pre-trial detention center. I wrote a turnout. Until now, I have never been summoned to the investigator. But my lawyer called him, and he said that we can write as many petitions as we want, they will still refuse us. I have no idea what to do now. Please advise!

Answers the head of the paragraph:

Hello. Unfortunately, your situation is typical. See consultations No. 4529, 4262 and others on the page “potent”.

07.06.2012

No. 4557

Svetlana asks:

I am a pharmacist, I sold 1 package of a drug containing testosterone without a prescription, and this turned out to be a test purchase of drug control. They drew up a protocol, promised to call. What can I face? I am a mother of two minor children, no previous convictions. This is a criminal or administrative violation?

Answers the head of the paragraph:

Hello. The usual trick of drug control is that a criminal case in such cases is instituted as for the sale of a potent substance in parts one or three (depending on the size) of Article 234. Whereas in your case there is a “violation of the rules of production, acquisition, storage, accounting , release, transportation or shipment of potent or poisonous substances, if this entailed by negligence their theft or causing other significant harm “(part four of Article 234). The responsibility for part four, of course, is much lower than for parts one or three..

If there was no significant harm, then there is neither criminal nor administrative liability, but only official (for example, a reprimand).

05.06.2012

No. 4529

Jan asks:

Prev Questions 4216, 4275.

Great sequel.

They found out at work, hinted that if I didn’t win the trial they would be fired. Company policy. In any case, I won’t win the trial. So I’m getting ready to join the ranks of unemployed citizens.

I would like to say to young people and girls. Don’t spoil your life. And find out in advance about the composition of the drugs that you order on the Internet and / or which God forbid, out of the kindness of your heart, decided to sell.

Because my normal life seems to be over. And how many of them are like I see on your website…

Thanks for attention.

Answers the head of the paragraph:

Hello.

Don’t give up ahead of time. I will repeat it again. The sibutramine cases have nothing to do with the problems of drug addiction, drug addiction and drug crime. Even if it is even three times harmful, sibutramine is not a drug. In article 234, under the dubious guise of potent ones, they also collected substances actually used by drug addicts and various others, plus also poisonous ones. The drug monitor makes reporting on this. Why am I writing this here? Contact the prosecutor’s office, prove in court that maybe you, voluntarily or involuntarily, violated something, but this case of the drug police does not match, there is no real public danger comparable to drugs and it is necessary to dismiss the case for insignificance.

02.06.2012

No. 4460

Denis asks:

good day.

Yes, it was anabolic steroids that were there, as it turned out later. The package came from Russia, as I understand it, the person who sent it was engaged in smuggling. You wrote that the acquisition of powerful ones is not punishable, but does not this fall under article 234 of the Criminal Code of the Russian Federation, and taking into account the volume, and under the third part of this article, and there, as I understand it, everything is more than punishable.

Thanks in advance for your reply.

Answers the head of the paragraph:

Hello.

Here is the disposition of the first part of Article 234 (it also applies to the second and third parts, with the addition of aggravating signs): narcotic drugs or psychotropic substances, or equipment for their manufacture or processing … “. Manufacturing, processing, acquisition, storage, transportation, shipment – all these acts committed with potent substances are punishable only if they are committed for the purpose of marketing. These words (“for marketing purposes”) refer not only to the shipment, but to everything listed before it..

May 21, 2012

No. 4455

Igor asks:

good evening.

3 months ago, an acquaintance asked to accept the parcel (he asked because he lives outside the city and it will take longer to deliver to him.) He took the parcel to his home address and gave the name to his friend, everything is fine. The other day, a call was made from the State Tax Committee with the text: “The parcel was received on such and such a number from there, come to the conversation.” After calling a friend, it turned out that the package contained sports pharmacology, which is naturally prohibited. From the State Tax Committee they called from some mobile number, there was no official summons, and the number to which they called was not registered to me. Do I need to show any initiative at all and go to them voluntarily without a summons, if I go, what is better to say, can I say that I did not receive anything, I do not know anything … what can they generally solder for this free help? Thank you in advance for your answer, while I sit on the priest evenly and don’t go anywhere, I’m waiting for advice.

Answers the head of the paragraph:

Hello.

Most likely in the package were anabolic steroids, which are on the list of potent substances. Unlike drugs, the acquisition of potent drugs is not punishable. But at the same time, it is desirable to know whether the parcel arrived from Russia or from abroad. The second is worse, it is already smuggling (Article 226.1). It is better not to go to the Federal Drug Control Service without a summons and without a lawyer.

05/17/2012

No. 4408

Anton asks:

hello, for my stupidity, I ordered a pack of danabol on the Internet, they said that it would come by mail across the Russian Federation, then I was scared that there might be problems, I changed my mind, but the parcel has already been sent if I don’t come to pick it up, I will have something for that .. time or fine?

Ivan asks:

Good afternoon. I ordered 1 g of the substance by mail in Russia. According to the sellers on the site, the product does not fall under the ban of 22.02.2012. I carefully read the materials on your site and decided not to pick up the package. Sender from Russia, I also live in Russia. What can I face and do I have the right not to take the letter? (Russian post 1st class).

Answers the head of the paragraph:

Hello. Nobody can force you to receive the package. And, of course, it is better not to receive it, because no one can guarantee that this is not contraband. If the site says that the departure is from Russia, then this still does not mean anything. very often they write that the substance is legal, but it turns out to be an analogue or derivative, or even not true. For more details see # 4031 and other answers under the headings “smoking mixtures” and “smuggling”.

09.05.2012

No. 4389

Roman asks:

Good day! A criminal case was opened regarding me under Article 234, paragraph 3, I purchased SD (steroids), via the Internet, for my own use, I put down half of it, and I decided to sell what was left over the Internet, all three times the test purchase was made by the Federal Drug Control Service, during a house search they found 35 ampoules of testosterone propionate 60 tablets of stanazolol and 5 ampoules of primobolan, these substances were intended for personal use, as well as a friend appears in the case who ordered CD for himself through me, of course I had no money from this.

I am also a disabled childhood, hereditary disease (progressive muscular dystrophy), mother is disabled of the first group.

You can find out what awaits me and what the prospects are.

The lawyer Irina Vladimirovna Khrunova answers:

Roman, hello.

If a criminal case has been initiated against you, or even an accusation has already been brought against you, then you have in your hands a copy of the decision to initiate a criminal case or a copy of the order to be accused. These documents contain articles of the Criminal Code of the Russian Federation, of which the state accuses you. On our website you can open the Criminal Code of the PF and see the punishment that the court can impose under such articles of the Criminal Code. Also on our site you can “walk” and see specific situations that other site visitors tell about. I think that you can try on some situations for yourself. An investigation and a court are awaiting you, and if you have any questions, please put them more specifically.

Answers the head of the paragraph:

Hello.

Indeed, the questions “what awaits me” are difficult to answer. Nevertheless, I will add that part three of Article 234 of the Criminal Code, which, as I understand it, you are charged with, provides for a range of punishments (either a fine from 2500 rubles or imprisonment from 2 months to 8 years), after seeing which it is really no wonder to ask a question ” so what awaits me? ” I do not want to say that such broad sanctions are bad, on the contrary. This enables the court to proceed from the real danger of the acts, to take into account the personality of the accused, the circumstances of his family, and more. This means that in your case, a lot depends on what impression the court will have of you, but even if this impression is the most positive, the court needs documents (characteristics, medical records, petitions, etc.) – evidence that characterizes your personality.

05.05.2012

No. 4376

Elena asks:

Hello dear consultants! Previous questions 2163, 3675.

The case in court under Articles 234 part 3 and 188 part 2.

I read the stories of people who fell under article 234 part 3 on diet pills containing sibutramine and your answers to their questions.

From many questions about diet pills with sibutramine, it follows that the people who sold these pills were informed by the FSKN about the content of sibutramine through leaflets, mailbox notifications and delivery of documents against signature. The FSKN officers did not inform me about this in any way, but on the contrary said that they were not prohibited from being imported into Russia. Question number 1 – Should employees of the Federal Drug Control Service notify persons selling diet pills with sibutramine that they contain sibutramine and how the fact of failure to notify can be used to their advantage.

Question number 2 – Interested in the answer to question number 4262. In my criminal case, according to the expert’s conclusions, the substance was recognized as a MIXTURE containing sibutramine. The composition also includes phenolphthalein. Question – Is phenolphthalein a pharmacologically inactive component? Question No. 3 – I was interested in the answer to question No. 4262. How can I prove that diet pills are a dosage form, not a mixture. Question # 4 – Is there any point in making a review of the expert’s conclusions regarding the dosage form and pharmacologically inactive component? Question number 5 – is it possible to carry out a review, re-examination, given that I live in the Far East, and not in Moscow. I would like to receive an answer to questions No. 2, No. 3, No. 4.5 from the expert of the Bureau “Versiya” Gladyshev.

Answers the head of the paragraph:

Hello. I answer the first question. Legislatively, the activities of the Federal Drug Control Service are not sufficiently regulated; there is no law on drug control bodies, unlike the internal affairs bodies. The circulation of potent substances is also only partially regulated. There is no law regulating the circulation of potent drugs, as opposed to drugs. It turns out like this: bodies with undefined powers control activities that are not regulated by law. Nothing good comes of this.

But the FSKN believes that since there is an article of the Criminal Code, then you can work.

As regards your case, the employees of the Federal Drug Control Service act on the basis of the decree of the President of the Russian Federation of July 28, 2004 No. 976 “Issues of the Federal Service of the Russian Federation for the Control of Drug Trafficking”, according to which the drug control authorities are authorized to: “conduct checks on legal entities and individual entrepreneurs, carrying out activities related to the circulation of narcotic drugs, psychotropic substances and their precursors, as well as potent substances;

issue in the prescribed manner prescribed by the legislation of the Russian Federation on narcotic drugs, psychotropic substances and their precursors, instructions and conclusions “.

Thus, it follows from the Decree that the drug control authorities should give prescriptions only in relation to activities regulated by the Federal Law “On Narcotic Drugs and Psychotropic Substances”. This law does not mention potent substances.

But at the same time, there is a joint letter of Rospotrebnadzor and the Federal Drug Control Service dated September 24, 2004 No. 0100 / 1565-04-32 / October 1, 2004 No. VCh-3563 “On interaction in the implementation of supervision (control) over the circulation and production of dietary supplements.” In this letter, the drug control authorities are instructed to “according to the revealed facts of violations in the production and distribution of dietary supplements, prepare joint materials for the media to inform the population about the identified substandard, falsified, and also containing narcotic drugs, psychotropic and potent substances of biologically active additives, violations legislation on advertising and illegal ways of distributing dietary supplements “.

If the leadership of the Federal Drug Control Service has obliged its divisions to inform the population about dietary supplements containing potent substances, then all the more such information should be brought to the attention of persons selling dietary supplements. But the drug control authorities do not follow these instructions. In any case, such information is not observed in the media..

So the conclusion from this is the following: the drug control authorities were obliged to warn you (in the form of a prescription or in another form) that the corresponding drug contains a potent substance.

Answer: Dmitry Yurievich Gladyshev, Ph. Sci., Expert of the VERSIA Bureau:

Hello, Elena.

I think that in this situation, one cannot do without a specialist’s opinion.

The first thing to do is to make sure that the pills actually contain sibutramine and phenolphthalein. Practice shows that in 90% of cases, the conclusions of the experts’ conclusions are not confirmed by the actual results of the research, are not scientifically grounded and motivated.

Despite the fact that the tablets imported by you are imported, they, in accordance with the Federal Law No. 86 of June 22, 1998, “On Medicines” are and should be recognized as a consequence of the “DRUG” (a substance used to prevent obesity) and exist in objective reality in “DRUG FORM” in the form of a tablet.

If the investigation really proved that the composition of the tablet (dosage form) contains “PHENOLPHTHALEIN”, and it, in turn, is a pharmacologically active component (laxative drug “PURGEN”), then such tablets are listed in the List of potent substances for the purposes of Article 234 and other articles Of the Criminal Code are not controlled (see the wording of the List: “All dosage forms, no matter what brand (trade) names they are designated, which include the substances listed in this list in combination with pharmacologically inactive components”.

To classify tablets containing sibutramine and phenophthalein as a “mixture” from the point of view of the science of logic is not correct, since the concept of “mixture” is broader than the concept of “dosage form”. At the same time, in accordance with the general rule of criminal law, a legal norm with less severe sanctions should be applied, facilitating the fate of the convicted person..

Strictly speaking, it is impossible to consider a “mixture” containing the substances “sibutramine” and phenolphthalene “included, falling under the control of the List of Potent Substances, for the purposes of Article 234 and other articles of the Criminal Code on the following grounds: – in accordance with the wording of the List, it includes: “All mixtures and solutions containing substances listed in this list, regardless of their concentration.” The substance “phenophthalein” is not included in the List (it is not listed in it), therefore, control measures do not apply to such a mixture.

Given the inquisitorial nature of the investigation, you will have to fight for your rights.

Expert, candidate of chemical sciences Gladyshev D.Yu.

02.05.2012

No. 4275

Jan asks:

previous question 4216

Hello again!

Thanks for the answer! Tell me another thing like that. If the first “purchase” was not formalized according to the rules, can it be referred to in court? Those. Will the first episode (sale on own initiative) be considered if there was no official decree on it?.

One more question on this case, if possible. I’m just at a loss. (All her life she was a simple law-abiding citizen and now a defendant for a serious crime.)

Is there any precedent when it was recognized that it was mediation in the acquisition of POWERFUL and released from criminal liability?

Answers the head of the paragraph:

Hello. According to Article 89 of the Criminal Procedure Code of the Russian Federation, it is prohibited to use the results of the ORD in the process of proving if they do not meet the requirements for evidence by this Code. Conducting a test purchase carried out in violation of the established rules entails the recognition of the evidence obtained in this way invalid.

We could not find examples of recognition as mediation in the acquisition of actions with respect to potent substances in judicial practice. But these cases are completely identical to those considered in relation to narcotic drugs. There is such a practice on drugs. It is based on the Resolution of the Plenum of the RF Armed Forces of June 15, 2006 No. 14-P, where the following explanation is given to the courts: “The actions of an intermediary in the sale or purchase of narcotic drugs, psychotropic substances or their analogues, plants containing narcotic drugs or psychotropic substances, or their parts containing narcotic drugs or psychotropic substances should be qualified as complicity in the sale or purchase of narcotic drugs, psychotropic substances or their analogues, plants containing narcotic drugs or psychotropic substances, or parts thereof containing narcotic drugs or psychotropic substances, depending on whether in whose interests (distributor or acquirer) the intermediary acts “.

13.04.2012

No. 4262

Natalya asks:

Hello! I got into a story that breaks my whole life. For the first time in my life I flew abroad to Thailand. I bought diet pills for myself at the pharmacy. Knowing that in Thailand there is the death penalty for drugs, I could not imagine the thought that there might be something forbidden in the pills. Thai people there understand little in Russian, they showed me the best pills with gestures. Before traveling on the Internet, I asked the girls who brought the pills from Thailand if they could be transported across the border, they told me that there were no problems. Our valiant customs can be seen after reading our correspondence was already waiting for me. As a result, in 5 packs bought for themselves in a state pharmacy in Thailand, they found 61g of a potent substance. A criminal case was opened under Art. 226.1. do I really face time? all her life she worked within the framework of the law and could not imagine that in 2 minutes. you can break your whole life. They will ask for sure from work, since I work in a serious structure. WHAT SHOULD I DO? Is it possible to somehow be saved under Article 5 of the Criminal Code or Art. 14 UK? I already learned the code by heart.

Answers the head of the paragraph:

Hello.

In my opinion, there is every reason to appeal to the prosecutor or the head of the investigative body in charge of the case, with a motion to terminate the criminal case due to the insignificance of the imputed actions (part two of Article 14 of the Criminal Code), since they did not lead to the infliction of any harm to citizens and public interests.

Moreover, there are grounds for raising the issue of termination of criminal prosecution due to the absence of corpus delicti in the actions imputed to you (paragraph 2 of the first part of Article 24 of the CCP). The absence of corpus delicti should be motivated as follows:

The list of potent substances, approved by the Government Decree of December 29, 2007 No. 964, refers to such

1) all dosage forms, no matter what brand (trade) names they are designated, which include the substances listed in this list in combination with pharmacological inactive components;

2) all mixtures and solutions containing the substances listed in this list, regardless of their concentration.

Thai tablets are different in composition, but the active substance in them in all cases is not one sibutramine. But only multicomponent drugs are not potent. Thai tablets are not officially recognized as drugs, therefore, in practice, the second of the named categories (mixtures) applies to them. On this basis, the accusation against you in the smuggling of potent substances is built. However, the position of the prosecution is incorrect in such cases..

The Federal Law “On the Circulation of Medicines” includes unregistered medicines as well. According to article 4 of the law, “drugs are substances or their combinations that come into contact with the human or animal body, penetrate the organs, tissues of the human or animal body, used for prophylaxis, diagnostics (with the exception of substances or their combinations that are not in contact with the human body or animal), treatment of disease, rehabilitation, for the preservation, prevention or termination of pregnancy and obtained from blood, blood plasma, organs, tissues of the human or animal organism, plants, minerals by synthesis methods or using biological technologies. ” Although the circulation of unregistered drugs as drugs in the Russian Federation is prohibited, it does not follow from this that unregistered drugs are not drugs for the purposes of criminal law..

Since Thai pills are actually a complex medicine (which is confirmed by the fact that you bought them in Thailand at a pharmacy), it is illegal to classify them as potent substances.

If you are denied the termination of the criminal case, you should file a request for an additional comprehensive examination of these tablets, asking the expert about their composition and whether other components of these tablets are pharmacologically active. Even if the investigator does not satisfy the request, you can, on your own initiative, obtain and submit a specialist opinion.

10.04.2012

No. 4249

Alexander asks:

Hello! Out of stupidity, I must have gotten myself into a problem, I ordered one pack of danabol, in the steroids store by mail, the athlete himself. The site said that we are selling …, including my city! I paid with electronic money, in response I received a track code, by which I realized that it was Bellorusia. Based on the materials on your site, I realized that this is a pure criminal article! The package has already come to me, or rather a notification. After reading all this, I absolutely do not want to receive it! I don’t know that the price of the issue is so cosmically expensive! Tell me, is this a way out of the situation, not to receive it, under any pretext? I’m still here from ebay, a laptop should come, I don’t want to give it up. What should I do? both parcels suddenly?

The lawyer Irina Vladimirovna Khrunova answers:

Hello, Alexander. Yes, this will be a way out for you. The mail will not keep the parcel forever, after a while it (unclaimed) will go to the sender’s address. When you communicate with representatives of the post office, then you do not give a subscription to give deliberately false testimony, so from a conversation with them you can safely say that you did not order anything from Belarus, you ordered a laptop, perhaps someone confused it, so you are not going to receive anything and you won’t. No pretext is required here – I didn’t order it, that’s all. They will not be able to give you two parcels, since they need your signature, look carefully at what you sign in the mail.

06.04.2012

No. 4230

Elena asks:

Hello. please tell me, I am overweight and I have been taking reduxin 15 mg for 5 months. Every year at work, employees are required to undergo a medical commission, and recently they introduced urine analysis for CTI by chromatography. how will the intake of reduxin affect the result of this analysis, will it show the content of sibutramine hydrochloride monohydrate in the urine and how it can threaten.

Answers the head of the paragraph:

Hello.

No threat. The use of potent substances does not entail any liability.

05.04.2012

No. 4216

Jan asks:

Good day.

Hello. A criminal case was opened against me under Part 3 of Art. 234 of the Criminal Code of the Russian Federation. Sold diet pills containing sibutramine. Here are the circumstances of the case.

I decided to lose weight and bought 2 packs of pills. While they were walking, I read a lot of negative reviews, I thought I would sell both if anyone needed. Then they still advised me, I decided to try one pack and sell the second one. I placed an ad in some weight loss group. The girl responded. She began to write to me to call. By just a super lucky coincidence (God grant her health), she often visited my city on business. The meeting took place, I successfully gave them to her. She began to persuade me to sell her three more, supposedly my friends are also thirsty. Well, I think I’ll be a kind person selling more. I ordered it. Then I had no time. She called repeatedly, then offered to send them to her by mail, so that she could receive them. She came to my city and asked for a meeting. In general, the pills lay in the mail for about a month..

While they were lying at the post office near my work, some people were handing out leaflets. There is something like a weapon, some pills are prohibited. Okay, so much on the streets. Joked with a colleague “how to lose weight now.” The man who handed out the flyers said: “do sports”.

Then the customer bought me, I said that I would meet with her. She said that she would not be able to come today, but (here’s luck) her assistant will take them. We agreed to meet. And after receiving the money, under the white hands and in the drug control department.

As it turned out, this is all a magical action called “Test Purchase”. Those people around work kind of notified me that the drugs were illegal. Supposedly there is a videotape and the employee spoke to me. That’s it. 3 packs in total pulled 20 grams.

The question is banal who is to blame (well, it’s probably me) and what to do? Are there any ways to mitigate the sentence, or avoid criminal liability. I ask for help with advice.

Answers the head of the paragraph:

Hello. As you write, you sold only one package on your own initiative. The other two you ordered at the request of the purchaser. You were acting in the best interests of the purchaser, not the seller. In this case, there is an intermediary in the acquisition, and not in the sale. Unlike drugs, responsibility for the acquisition of potent substances has not been established. Accordingly, mediation in their acquisition is not punishable (and only mediation in sales is punishable). Thus, it is necessary to insist that the sale in their own interests took place only in the first case. This reduces the amount of charge and the weight of the potent drug you are charged with. However, it will still be formally large, since such is an amount exceeding 0.5 g, and not for pure sibutramine, but for the entire weight of the drug.

But here the defense can be built as follows. Of course, the law is the law, and in formal compliance with the law, the Government included sibutramine-containing drugs in the List of Potent Substances. But it does not follow from this that in every case their illegal sale should entail criminal liability. As follows from the Definition of the Constitutional Court of February 8, 2007 No. 290-О-П “courts of general jurisdiction, when resolving this category of criminal cases, …, must take into account the quantity, properties, degree of influence on the human body of this or that drug, as well as others the circumstances of the specific criminal case. ” If the Constitutional Court attributed this requirement to drugs, then the more it is applicable to less dangerous potent substances.

For more information about the actions that can be taken to prove that there is no material harm from your actions, see consultation number 4152.

04.04.2012

No. 4172

Inna asks:

Hello! I really need help! My husband was detained by the drug control in Belgorod. My husband is a citizen of Ukraine, my parents live in Russia. We often visit them in a car that belongs to me and with the driving license of my husband. Our friend asked her husband to take his friend to Russia and the husband would be paid for it. They left for Russia, stopped at a bus station, where another man handed a bag in which there was a box. And they went to Belgorod to the post office, they sent her there. The man explained to her husband in a conversation that this was the end. perfume. He also suggested that his husband sometimes, without his presence, pick up and send parcels and receive money for it. He agreed, money is needed and he still travels often. Recently, he called my husband and asked to take him to Belgorod. They were detained at the post office. Three days later, the man was released, and the husband was arrested under Art. 234 h. Z. There were steroids in the package. Although the receipt was seized from the man during the arrest, my husband filled it out. The car is parked in the official parking lot, not sealed, but it is not being handed over. The husband was assigned a state lawyer who was present at the beginning and at the end of the interrogation. We now have a new lawyer. The man whose husband was driving, regularly attended the gym, is now hiding in Ukraine. What can we expect? We have two kids. Thanks for earlier.

Answers the head of the paragraph:

Hello. The sanction of part three of Article 234 of the Criminal Code provides, like no other, a wide range of punishments: from a fine of 2,500 rubles to 8 years in prison. So the discretion of the court plays a decisive role in this case. The court must take into account everything, including marital status, characteristics of the accused, petitions for him (with a request not to impose real imprisonment), etc..

03/30/2012

No. 4152

Anna asks:

Hello! Your consultation is very necessary! I duplicate my letter, because when sending this letter on your site, I forgot to indicate several important nuances in my situation.

In January of this year, a criminal case was opened against me under Article 234, part 3 (more than 500 grams of Sibutramine).

The fact is that in October 2011 I opened an online store – selling slimming capsules “Lida”. I ordered capsules from the direct manufacturer Dali in China via the Internet (and not from clandestine Chinese companies), I have in stock: a certificate of quality and laboratory testing results (the manufacturer provided all the documentation for these capsules during the first order), in the documents the manufacturer prescribes 100% identical composition of the capsules to the composition indicated on the capsule packaging! The composition is indicated 100% natural, so I was 100% sure that I was selling a natural and safe drug, because there was not even a hint about the content of sibutramine in the composition! In addition, this drug with a 100% identical composition is on the list of approved dietary supplements on the website of the Federal Register of Allowed Nutritional Products in Russia and on the website of Rospotrebnadzor!

I will describe my situation in detail: In January 2012, I was detained at the post office when I received another parcel with Lida capsules (80 packs). After that, the employees of the Federal Drug Control Service carried out the following measures in relation to me: personal search, medical examination (negative indicators for both the content of drug and alcohol intoxication, since I have never used drugs, and I stopped using alcohol just 9 years ago) , then there was a search of the house (I voluntarily gave out 3 packs of Lishou (they were bought for personal use, because Lida does not suit me). After that, we went to the FSKN department, wrote an explanatory note, gave evidence (told the investigator everything as it is), released During the interrogation, the investigator told me that the FSKN officers from Saratov made two purchases from me (I live in Balakovo, this is the second regional city in the Saratov region), after which all information was transferred by them to employees of the Federal Drug Control Service in Balakovo. ”Indeed, two women came to me from Saratov to buy Lida. Did they record or shoot, I don’t know, the investigator is okay about this does not speak. The lawyer (free) has the feeling that she is in the same harness with them. Maybe you should get a paid lawyer?

Please advise how best of all for my lawyer and me to maintain a defense line, because there have not been such cases in our city yet (in relation to sibutramine).

R.S: I completely forgot! At the beginning of December 2011, I received an email from the Federal Drug Control Service with a list of drugs prohibited for import, among which there were three drugs with the name Lida (without a description of the appearance and composition), and since a very large number of clandestine counterfeits Lida is sold on the Internet (with synthetic white powder in capsules that allegedly contain psychotropic substances, in my Lida capsules – there was a dark brown powder inside the capsules!), I replied to the letter as follows: that in the very near future I will conduct an independent examination of the drug I sell and if the expert opinion shows the presence of sibutramine in the composition, the ordered drug by me will be guaranteed to be destroyed and subsequent sales of this drug by me will no longer be carried out), but I could not carry out the expert examination, because at the time of receipt of the letter, Lida was not available (it ended ), and upon receiving the parcel, I was detained. I am completely at a loss, if I knew that Lida contains sibutramine, I would not buy it at all for subsequent resale. I am not registered, I have no previous convictions, I have never been involved in any way. Really looking forward to your reply…

Thank you very much in advance! Regards, Anna

Answers the head of the paragraph:

Hello. In general, you are carrying out the line of defense correctly. The FSKN warning, in addition to not containing, as you write, exact information about the drug, should not have been sent by e-mail. This is some kind of game. Although you replied to the letter (also by e-mail), where is the guarantee that your answer was read? Maybe he got into spam.

There is no sign of knowingness in your actions. Even if you received some information from the Federal Drug Control Service, but you were guided by the list of Rospotrebnadzor and the information contained in the manufacturer’s certificate. Actually, you write it yourself.

The main legal argument for the defense should, as I believe, be based on the Definition of the Constitutional Court of the Russian Federation dated February 7, 2008 No. 79-О-О, which says that Article 234 of the Criminal Code assumes that when criminalizing illegal trafficking in potent substances is imposed, it is not only the list of such substances approved by the Government of the Russian Federation, but also “the obligation of the preliminary investigation bodies and courts in the course of proceedings on specific criminal cases to establish the properties of potent or poisonous substances in circulation, the peculiarities of their effect on the human body, as well as the presence of such substances, awareness of these features and intent to use them “.

It is necessary, guided by the position of the Constitutional Court, to ask the investigation and then the court for permission: what is the effect of the drug seized from you on the human body and whether there has been (or could have been) harm to the health of persons who have acquired this dietary supplement from you. In order for these questions to be resolved, one should apply for two or three examinations: 1) narcological, which must answer the question whether this drug has a narcotic effect; 2) examination of food products, which include biologically active food additives (examination of substances), asking her about the percentage of sibutramine in the seized product; 3) forensic medicine, which must answer the question whether the health of specific purchasers has been harmed, or whether such harm could have been caused. I don’t presume to say more precisely, the details are important here. (Do you need, for example, food expertise?)

As for the defense lawyer, the point is not whether he works by appointment or by agreement, but in his qualifications and good faith..

28.03.2012

No. 4129

Eugene asks:

As for this number 4092, if it is only 1 gram of a prohibited substance, that is, a pack of pills.

Answers the head of the paragraph:

Hello.

Suspicions may arise not from me, but from the organs. The law does not establish any responsibility for the purchase of a kilogram of anabolic steroids – for personal use..

03/25/2012

No. 4122

Tatiana asks:

Hello, my husband, a narcologist, fell under a control purchase (provocation) by the Federal Drug Control Service, sold 1 ampoule of Relanium to their agent, who suffered from hangover, and since there is 2 ml in an ampoule, this is regarded as a large size. Please, tell me what to do .. Best regards, Tatiana

Admin replies:

Hello. See consultation no. 4115.

03/25/2012

No. 4115

Asks T .:

Is the transfer of an ampoule of Relanium by a narcologist for the purpose of relieving alcohol astinency a crime? Than it threatens?

Answers the head of the paragraph:

Hello. The main question is how to qualify these actions. Drug control, as a rule, initiates in this case a case according to parts 1 – 3 of Article 234 of the Criminal Code, i.e. on the sale of a potent substance (parts depending on the size). But if no significant harm followed, then there is no corpus delicti. In your case, there is a violation of the rules of storage, accounting, dispensing of potent substances, and not their sale. Under the fourth part of Article 234 of the Criminal Code, liability arises only in the event of significant harm as a result of committed actions.

24.03.2012

No. 4114

Tatiana asks:

I was detained when I was selling benzobarbital-25.0 g – 5 packs of 100 rubles each. A criminal case was initiated under Art. 234 h. 3 and art. 30 p. 4.3. I am disabled in the 2nd non-working group. disease – epilepsy from the age of 13. I take these and other pills daily for 3 r. in a day. I placed an advertisement for the sale on the Internet. she did not know the law and did not have enough money to live on. Pension – 6t. R. Yes, the application could still expire. Tell me what to do. Live alone.

Answers the head of the paragraph:

Hello. I believe that it makes sense to apply for a special procedure for the consideration of a criminal case. In this case, a full admission of guilt is assumed, in combination with the state of your health (which must be documented in court) there is a chance that the court will be limited to a suspended sentence. It may be possible to enlist the support of your acquaintances or even your attending physician, who would agree to petition the court for the appointment of a punishment not related to imprisonment. Such a request must be certified.

24.03.2012

No. 4092

Eugene asks:

I ordered an anabolic steroid, I know that it will go within the Russian Federation by mail. I take it for personal use, can there be criminal liability if, upon receipt, I will be “accepted” by the State Tax Committee??

Answers the head of the paragraph:

Hello.

Acquisition and storage without the purpose of selling potent substances does not entail either criminal or administrative liability, if, of course, such drugs are purchased within the Russian Federation. But since the sale and other forms of sale (including gratuitous) are prohibited in violation of the established rules, the seller is subject to the sanction of Article 234 of the Criminal Code, and the goods sent by him will be confiscated. In addition, in the case of a large quantity ordered, there may be suspicions of complicity in the sale..

03/20/2012

No. 4082

Michael asks:

Hello.

An unpleasant story happened to me. I bought dietary supplements via the Internet, among which was tribestan (tribulus) and two packs of methandrostenolone. They came from Ukraine, I took the package by mail and at first did not pay attention to it. Then they came to me with a summons from the State Tax Committee and at the meeting they showed photographs of the contents and asked me to hand over the drugs, and I had already thrown them out, which I told them. Then I showed the site where I ordered the drugs. This was the third purchase and all purchases before that came from Moscow, I think this can be checked at the post office. I was asked to return the hard drive, which I did. At the same time, I did not give any written explanations. I was told that I would not face criminal liability, since there were not many medicines and there was no purpose of marketing. They also said that they would look at the hard drive and if they didn’t find anything, they would take explanations from me and would not bother me anymore. But I read here that I can be convicted of smuggling, is it so and how to behave in this situation. Thank you

The lawyer Vasily Alexandrovich Ocheret answers:

Hello Mikhail!

According to the Decree of the Government of the Russian Federation of December 29, 2007 No. 964 (as amended on June 30, 2010) “On Approval of the Lists of Potent and Poisonous Substances for the Purposes of Article 234 and Other Articles of the Criminal Code of the Russian Federation, as well as Large Size of Potent Substances for the Purposes of Article 234 of the Criminal Code of the Russian Federation “,

Methandienone (methandrostenolone) (17beta-hydroxy-17alpha-methylandrost-1,4-dien-3-one) is recognized as a potent substance under Art. 234 of the Criminal Code of the Russian Federation, when selling this type of substance, liability arises for an amount up to 2.5 g – for part one, over 2.5 g – for part three. There is no responsibility for the purchase and storage of potent substances without the purpose of marketing.

Those. Art. 234 of the Criminal Code of the Russian Federation in this case does not apply, since there is no sales, but at the same time qualification under Art. 226.1. RF Criminal Code.

This article of the Criminal Code was introduced by Federal Law No. 420-FZ of 07.12.2011, and reads as follows:

“Illegal movement across the customs border of the Customs Union within the EurAsEC or the State border of the Russian Federation with the member states of the Customs Union within the EurAsEC of potent, poisonous, toxic, explosive, radioactive substances, radiation sources, nuclear materials, firearms, its main parts (barrel , bolt, drum, frame, receiver), explosive devices, ammunition, weapons of mass destruction, their delivery vehicles, other weapons, other military equipment, as well as materials and equipment that can be used to create weapons of mass destruction, their delivery vehicles , other weapons, other military equipment, as well as strategically important goods and resources or cultural values ​​on a large scale –

shall be punishable by deprivation of liberty for a term of three to seven years, with or without a fine in the amount of up to one million rubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of up to five years, and with or without restraint of liberty for a term of up to one year “.

Tribestan is not included in the list of potent and poisonous substances, because contains dry extract of tribulus creeping herb, which is neither potent nor narcotic.

Regarding the question: “… how to behave in this situation”, I believe that first of all you should sort out the question of whether a criminal case has been initiated on the fact of the seizure of the above substance from you, and also invite a lawyer whom you could entrust your protection to if a criminal case is nevertheless initiated.

In the future, you should find out: what episodes will be blamed for you, whether previous orders will appear if you are officially charged, as well as what drugs you ordered and received illegally, their total weight.

Since in fact: the preliminary investigation is carried out on the basis of postal documents and data established, including from your computer, you should carefully approach the issue of the legality of obtaining the evidence in the case, and attaching them to the case file.

Yours faithfully,

Vasily Ocheret.

17.03.2012

No. 3977

Maxim asks:

good day.

The fact is that I found myself in a rather difficult situation with Lida capsules. So far, no one has come to me or contacted me, but I’m afraid that soon this may happen.

And the fact is that I wanted to sell these capsules through an online store, because didn’t know it was a prohibited drug. In this regard, I ordered Lida capsules in China and the package (100 packs) is already going to my address.

After reading the reviews on your site, I felt uneasy and now I think what to do in this situation. What can you recommend me to do? I really hope for you! Good evening. Your help is VERY necessary! I have already written, but I am writing again. History: I ordered a batch of Lida capsules in China, not knowing that they are prohibited in Russia. Now that the package arrives at customs, what action will they take? They will immediately call me to clarify the circumstances or let me receive the parcel myself, so that I “light up” with it?

And one lawyer generally tells me the following about this situation: It is imperative to declare this at the customs, otherwise if they themselves find it, they will start a criminal case against you. I asked if this would be a frank confession? To which he received the answer: No. This will be considered as a presentation and the composition of the contraband will not be here. You need to declare to the customs authority when the parcel arrives, before receiving it.

I am in a terrible state, because never been seen in such a thing. I just did not immediately understand that these capsules are prohibited in our country. I ask you to help with advice as soon as possible, tk. the parcel is about to arrive! I really hope for you, thanks in advance.

The lawyer Irina Vladimirovna Khrunova answers:

If a parcel arrives at your address, and law enforcement officers know that there is a prohibited substance in the parcel, they will not call you anywhere, you will receive a notification from the post office that the parcel has arrived in your name and you have to come for it. And, if law enforcement officials know about this, they will be waiting for you at the post office. As practice shows, detention occurs after receiving the parcel. It seems to me that your failure to appear for the package will be regarded as a voluntary renunciation of the crime. Even if notifications or calls will come from the post office with demands to come for the parcel, do not show up. If the order of drugs was carried out in electronic form, and there is no signature anywhere on the order form, all the more you do not need to receive this parcel. After lying for a while at the post office, she will go back as unclaimed.

If it is delayed at customs, then the actions are the same.

Second. You need to send a refusal to purchase to the place where you made the order (regardless of whether the package has already been sent). Thus, in the case of calls with questions or calls anywhere about parcels, you will be able to answer with a clear conscience that you do not expect any parcels from anywhere..

28.02.2012

No. 3957

Dmitry asks:

Hello! .On a page on the Internet, citizen S. climbed to see my photos, he asked if I was doing bodybuilding, I answered yes. C, asked to help him with the acquisition of the AU. I refused twice. But then he succumbed to S’s persuasion and made an order for him. So I received two parcels where there were anabolic steroids for myself and for S. .. On the third parcel, when I had already handed methane to S., I was detained by the State Oil Company. What to do. Hired a lawyer. I do not admit my guilt, I gave the testimony as it is, without denying that I took the money and gave it to the employee, but I ordered it at his request. Help me incriminate part 3 of Art. 234 I have previously been judged under Part 1 of Article 111, the conviction has not yet expired, there are no conditional ones. characteristics are positive

Answers the head of the paragraph:

Hello. See consultations No. 3281, 3254, 2398, 1860.

It may be necessary to file a motion to dismiss the criminal case on the grounds that you acted in the interests of the acquirer and not the seller. In this case, there is an intermediary in the acquisition, and not in the sale. Unlike drugs, responsibility for the acquisition of potent substances has not been established. Accordingly, mediation in their acquisition is not punishable (and only mediation in sales is punishable). If the investigator refuses to terminate the criminal prosecution, in consultation with a lawyer, appeal the initiation of a criminal case to the prosecutor (in accordance with Article 124 of the CCP) or even to the court (Article 125 of the CCP).

24.02.2012

No. 3903

Olga asks:

good afternoon, tell me please, some time ago a criminal case was opened against me for selling Chinese pills (Lida, Golden Ball, etc.) The investigator interrogated me, took testimony, seized the pills and released them on recognizance not to leave, but quite a lot of time has passed about a month 3, but there is still no court and no, what to do? maybe they forgot about me there? or closed the case altogether? how to find out at what stage my case is? and is there any need to find out…

The lawyer Irina Vladimirovna Khrunova answers:

Hello.

Calling the investigator is the first thing to do to get information. It is he who needs to be asked all the questions – have they forgotten, dropped the case, at what stage, etc.? Of course, you need to find out everything. Probably, you do not know that the recognizance not to leave is no longer valid for you, since it is given for a certain period, which has already passed.

17.02.2012

No. 3881

Alex asks:

Previous question No. 3770

thanks for the consultation.

However, I would like to clarify these prohibitions apply only to Chilibuha extract.?

As for the seeds themselves (in normal form, not powder)?

Answers the head of the paragraph:

Hello. Chilibuhi seeds are not limited in circulation, as they are not included in any lists or lists. But if we count from the sale of its extract, then the acquisition of seeds can be considered as preparation for the commission of a crime, that is, an unfinished crime (part one of Article 30, part three of Article 234 of the Criminal Code). Even if the sale itself does not occur, but through operational-search measures, preparations for the sale will be established (in the event that an organized group is identified). Responsibility for the preparation for the commission of a crime shall arise only in relation to a grave or especially grave crime. Such in Article 234 of the Criminal Code is only punishable under part three: the sale of potent substances on a large scale and any acts related to the sale of potent and poisonous substances committed by an organized group.

The purely private use of chilibukha seeds should not lead to any such consequences.

14.02.2012

No. 3873

Dmitry asks:

Last year, when crossing the Finland-Russian border, customs officers found 7 Temazepam 10 ml tablets in a tablet in my wife’s purse. This medicine was prescribed to her by a doctor in Finland (permanent residence) She did not fill out the declaration and the prescription was not on hand. But within 24 hours the prescription was sent in fact to the inquiry authorities. Later, a case was initiated under Article 218, part 2. The case is opened and closed. The lawyer makes a helpless gesture. Although this is a pure administrative violation. And now the article was canceled. How it will look next. What to do . Thank you in advance

Answers the head of the paragraph:

Hello. You indicate the wrong article, your wife could be charged with part two of Article 188 of the Criminal Code (smuggling of potent substances). Responsibility for these actions is not excluded from the Criminal Code, but comes under the new article 226.1. However, the presence of medical indications, documented, is exempt from liability. At the same time, failure to declare potent substances, even those moved legally, entails administrative liability under Article 16.2 of the Administrative Code and is punishable by a fine. If the criminal case has not been terminated, one should file a complaint (in writing) with the head of the body in whose proceedings it is, or with the prosecutor..

11.02.2012

No. 3770

Alex asks:

Hello,

I would like to clarify whether it is illegal to order Nux Vomicia seeds (Vomit walnut) from India, as well as an extract of these seeds (10: 1).

Thank you in advance

Answers the head of the paragraph:

Hello. Yes, chilibukha extract is included in the List of Poisonous Substances for the purposes of Article 234 and other articles of the Criminal Code of the Russian Federation, approved by Decree of the Government of the Russian Federation No. 964 of December 29, 2007. “Other Articles” means an article punishing the smuggling of poisons (Article 226.1 of the Criminal Code).

11.02.2012

No. 3769

Maxim asks:

Good day! I ordered it via the Internet from the site by mail from Belarus, as it turned out, Danabol in the amount of two hundred tablets upon receipt of the parcel at the receiving point The so-called STC were detained. I took it for my own use, not knowing that from abroad, they say you will go under the article smuggling, advise how to act in my situation !! Thanks in advance

Admin replies:

Hello. According to part 1 of article 226.1 of the Criminal Code, smuggling of potent substances is punishable by imprisonment for a term of 3 to 7 years. Guilt, expressed in direct intent, is a necessary sign of such a crime. If you did not know that you ordered strong substances from abroad – your actions are not criminal.

You can prove this, for example, by providing the investigator with your correspondence with the seller, applying for an investigative experiment – buying the drug you specified on the same website.

19.01.2012

No. 3731

Alexey asks:

Hello, my question is not entirely related to narcotic drugs, but I will try to ask it here. How to correctly measure the amount of a prohibited drug by the amount of the working substance, or by the total weight. My friend was detained with a package of methandrostenolone (a potent drug), the weight of the package (tablets) is 4 g, the weight of the working substance in it is 1 g. Will the total weight or the weight of the working substance be considered ?? Thanks in advance for your reply.

Admin replies:

Hello. Contrary to common sense, the size of all mixtures (including medicinal ones) containing potent substances is determined “without recalculation to the active substance” (see the last position in the Government Decree of December 29, 2007 No. 964). And this is despite the fact that even for narcotic drugs and psychotropic substances from Schedule II and III of the List, the size is determined by the “pure” substance.

In your case, with this calculation, the size will be considered large (for methandrostenolone over 2.5 g.).

True, if your friend is not charged with selling or purchasing / keeping for the purpose of selling, he should not be prosecuted. See consultation no. 3304.

01/15/2012

No. 3689

Eugene writes:

according to No. 3564 testosterone esters are not in the lists of potent ones. 1-testosterone is dihydroboldenone!

Answer: Dmitry Yurievich Gladyshev, Ph. Sci., Expert of the VERSIA Bureau:

Hello. Dear Eugene, read the list carefully.

1-testosterone (17 beta-hydroxy-5 alpha-androst-1-en-3-one) is included in the List of potent substances for the purposes of Article 234 and other articles of the Criminal Code of the Russian Federation (approved by Government Decree No. 964 of December 29, 2007 No. ).

It also includes “Complex and simple ethers of the substances listed in this list”.

Testosterone propionate is an ESTER of testosterone and is therefore also controlled by the above List.

12/27/2011

No. 3675

Elena asks:

Dear lawyers! In your answers to citizens’ questions, you write that the smuggling of sibutramine and drugs containing sibutramine refers to Article 188 Part 2 (I mean before the adoption of the Law 420-FZ). But in my opinion, smuggling under Article 188-2 is the movement of potent substances in relation to which there are special rules for movement. As I understand it, the list of potent substances for which special rules for movement are established was approved by the Government Decree of August 3, 1996. No. 930. Sibutramine is not on this list. But there is a link to the PKKN list which is no longer valid. On what grounds are they prosecuted under Article 188-2 for sibutramine??

Admin replies:

Hello. Part two of Article 188 of the Criminal Code with respect to potent substances reads as follows: “The movement of potent substances across the customs border of the Russian Federation if this act is committed in addition to or with concealment from customs control or with fraudulent use of documents or means of customs identification, or is associated with non-declaration or inaccurate declaration”.

In the disposition of this norm for potent substances there is no reservation “in respect of which special rules for movement across the customs border of the Russian Federation are established.” This circumstance concerns “materials and equipment that can be used in the creation of weapons of mass destruction, means of delivery, other weapons, other military equipment” and cultural values.

Those. the movement across the customs border of any potent substances included in the List of Potent Substances for the purposes of Article 234 and other articles of the Criminal Code of the Russian Federation, was (and is recognized) as contraband.

12/26/2011

No. 3674

Elena asks:

Hello! case in court for 188ch2 and 234ch3. What are the actions of the judge for 188ch2 in connection with the adoption of the law 420-fz? Will it stop or retrain to 226.1? Is it possible in case of termination in court 188 the initiation of the Federal Drug Control Service 226 on the same events?

Serge asks:

Good time of the day! My brother was convicted under Articles 234 Part 3 and Article 188 Part 4, most of the sentence has already served. Federal Law No. 420 dated 07.12.2011 canceled Article 188. Will the brother of Article 188 be re-qualified in Article 226.1?

Thank you in advance!

Admin replies:

Hello. The latest amendments to the Criminal Code related to drug smuggling are not retroactive, since they do not improve the situation of convicts in any way (see article 10 of the Criminal Code). Cases under part 2 of Article 188 of the Criminal Code are not subject to revision despite the cancellation of this article. Since the responsibility does not arise for the number of the article, but for certain acts.

12/26/2011

No. 3634

Irina asks:

I purchased the “Dikorosy” slimming products for personal use, but I took 5 packs each to make it cheaper, and sold the rest through an advertisement in the newspaper. A district police officer was sent to me to get acquainted with the list of prohibited drugs. The list was compiled alphabetically, I looked that there was no such remedy for the letter D, and did not read further. Several times she told him the name “Wild plants”. The district police officer said, I have no complaints against you, I signed that I was familiar with the list. A few days later, a test purchase was made, and I was detained, I gave the last 2 packs, my phones were seized, they took explanations, dictated a confession, saying that it might not come to court. I consulted several lawyers, but they all said that I was facing a sentence. And in the list that the district police officer gave me, it turned out that sibtumarin is written in the letter C (I don’t remember exactly what it is called), and in brackets it is already indicated that this sib … is in Dikorosi .. How can I prove that I only read the first sheet, the letter D? The composition is written on the box: herbs. On the Internet, too, that only herbs are included. If the district police officer pointed his finger at me that this drug is prohibited, of course I would not sell it, especially since I had the last 2 packs. I was summoned for a second explanation about the district operative, they said that the case had been opened, but no order was given. Help me please!!

Answers the head of the paragraph:

Hello. Basically, you can find the answer to your question in consultation number 3134. In your situation, you should, I think, resort to part two of Article 14 of the Criminal Code by contacting the head of the investigative body in charge of the case with a petition to terminate it due to with insignificance.

17.12.2011

No. 3564

Anton asks:

In the Decree of the Government of the Russian Federation of December 29, 2007 No. 964, 1-testosterone and its salts, isomers and esters are included in the list of prohibited substances, does testosterone propionate fall into this list? Testosterone propionate is an ester of the 1-testosterone isomer, but is not an isomer or ester of 1-testosterone directly. The court stated that the clarification of the Ministry of Health http://radikal.ua/data/upload/4fa6c/6895e/892a87f559.jpg is not valid as below the government decree.

Answer: Dmitry Yurievich Gladyshev, Ph. Sci., Expert of the VERSIA Bureau:

Testosterone propionate is an ester of testosterone and falls into the list you specified.

01.12.2011

No. 3487

Dmitry asks:

Hello! a friend of mine ordered steroids by mail when they came in getting his gnk twisted! he denies that he ordered steroids and said that he ordered the usual sports nutrition, how will nc prove what he ordered? how is the article and what can it be? (he did not send money, there is payment after receipt)! thank you in advance!

Admin replies:

Hello. Perhaps your friend has become a victim of unscrupulous drug police and those who supply them with “clients”. It is possible that these are the same people..

It is also likely that your friend was “tied up” not to prove his guilt, but to extort money, threatening a criminal case. But the acquisition of anabolic steroids, even those classified as potent substances, is not punishable. According to article 234 of the Criminal Code, the purchase, storage of potent substances for the purpose of marketing, or direct marketing is punished. If your friend did not have the goal of selling or transferring his order to someone, then in any case his actions are not an offense. The exception is cases of ordering potent substances from abroad, which can be considered as their smuggling..

11/16/2011

No. 3484

Andrey asks:

Hello. I order sports nutrition from the world’s most famous and reputable supplier at Bodybuilding.com. The last two parcels are not given to me and the customs demands to carry out drug control with opening all packages and taking samples from them. I know that the control for illegal drugs has already been carried out in Moscow with the x-ray of my packages. Are the actions of my local (Balakovo city) customs officers legal? After all, such distrust of the most massive and recommended suppliers leads to the fact that they will not work with Russia. People will not be able to receive normally packed parcels on time, and even a waste of huge personal time while sitting at customs and at the post office with drug control experts.

Admin replies:

Hello. According to the current Customs Code of the Customs Union, “the customs authorities have the right to demand from the postal operator the presentation of exported international postal items, in respect of which the customs authorities carry out customs inspection or customs inspection on the basis of random or random checks” (Article 315). Within the framework of customs inspection, a customs examination may be carried out. “Customs examination is appointed in cases where special knowledge is required to clarify emerging issues during customs operations” (Article 138).

“Temporary guidelines on the actions of customs officials in the organization and conduct of customs inspection of goods and vehicles” established that a decision to conduct a customs inspection can be made if the need for it is established by the current risk profile (clause 2.1.1)

Decisions to conduct customs inspection and the appointment of a customs examination can be appealed to the court in accordance with Articles 254 – 256 of the Code of Civil Procedure of the Russian Federation.

11/16/2011

No. 3389

Unknown asks:

Good day. In October I was in China, where I bought two packs of coffee for weight loss “Miracle 26. Lean coffee”, at the Russian border, coffee was taken from me for examination, a protocol was drawn up by employees of the department for combating drug trafficking. During the conversation, I was told that this drug most likely contains Sibutramine and for the import of illegal drugs I face up to 7 years under article 188 of the Criminal Code of the Russian Federation.

I would like to get advice, indeed they can bring me to criminal liability, because sibutramine, although it is a highly active substance, has nothing to do with drugs, and how to build a defense in cases of initiation of a case.

Admin replies:

Hello. See consultation No. 3305, 2824.

18.10.2011

No. 3386

Olga asks:

Hello. I did a big stupidity – I ordered by mail from China 2 packs of Lida pills for weight loss for personal use, and 2 packs of another dietary supplement, and only now I read how dangerous it is … along the track, the parcel was handed over to customs, I am very worried about responsibility, to receive I don’t want her at all – it’s scary. How should I behave now, what should I do? What threatens me? Never involved … I ask for help, thanks!

The lawyer Vasily Alexandrovich Ocheret answers:

Hello Olga!

You should proceed as follows – under no circumstances should you receive a shipment sent to you, and all!

If you do not come to the post office for the parcel, do not fill out the customs declaration, then you will not receive the parcel, i.e. there will be no grounds for bringing you to criminal liability.

The disposition of Part 2 of Art. 188 of the Criminal Code of the Russian Federation states that the movement of narcotic drugs across the customs border of the Russian Federation is considered contraband if the act was committed in addition to or with concealment from customs control or with fraudulent use of documents or means of customs identification, or is associated with non-declaration or inaccurate declaration.

I believe that if you have not declared anything, then you have nothing to answer for. The parcel will most likely be sent back to the sender, and the money paid will be returned to you. In the future, take a more responsible approach to choosing and ordering postage..

Yours faithfully,

Vasily Ocheret.

17.10.2011

No. 3363

Timofey asks:

Please tell me if gamma-butanediol is a prohibited drug for storage. Found (varnish) of gamma-butanediol in my rental garage, which could threaten me?

Admin replies:

Hello. See consultation no. 2714.

08.10.2011

No. 3332

Alexander Sh asks:

hello, tell me, please, the purchase of anabolic steroids in quantities: Danabol Methandienone 100 tablets 10mg and Nandralon – decanoate Nandrolone decanoate 200mg per 1ml via the Internet without the purpose of sale entails administrative or criminal liability.

Answers the head of the paragraph:

Hello. Doesn’t entail. See consultations No. 3304, 1635.

01.10.2011

No. 3305

Svetlana Y. asks:

Hello ! I would like to ask a question, this is the situation: I bought Dali capsules from Ukraine here (it was Dali and not Lida) for weight loss, I drank them and lost weight very well. Having gone on vacation to Russia to my family, they wanted to lose weight too, with which they turned to me. Upon arrival, I went to the girl who was selling them and bought 4 packs. And I sent: 1 package to a friend near Tyumen, and the other 3 to my mother and 2 sisters in Khanty-Mansiysk. The parcels were arrested at the Russian customs. and all potential recipients already had investigators and questioned them. It turned out that they contained psychotropic substances. I would like to know what threatens me. I do not distribute them, I sent them to my relatives at their request. Thank you in advance!

Answers the head of the paragraph:

Hello. In Ukraine, as far as I know, there is no prohibition, let alone criminal prosecution, for the circulation of funds containing sibutramine. In Russia, the sale of such drugs is punishable under Article 234 of the Criminal Code, since sibutramine is recognized as a potent substance. Drug control has developed a vigorous activity in this field, although sibutramine (whether it is harmful or not) is not related to drugs. So if you come to Russia, you may fall under the article. Recipients living in Russia are in a worse position. And they can be prosecuted for the smuggling of potent substances (punishment up to 7 years in prison, part two of Article 188 of the Criminal Code).

28.09.2011

No. 3304

Serega 86 asks:

Hello. Please tell me what will happen if they find a good amount of anabolic steroids in my house. I’m not going to sell them and give them to someone. For personal use only. 1) Can they hold me accountable? 2) Will they take my drugs from me?

Answers the head of the paragraph:

Hello. The storage of potent substances without the purpose of marketing is not punishable.

The police have the right to “confiscate things from citizens that are withdrawn from civil circulation or have limited circulation, which are in their possession without special permission, with the preparation of a protocol and delivery of a copy to the specified citizens and officials” (paragraph 37 of part 1 of article 12 of the Federal Law “On the Police”) Strong substances are not withdrawn from civilian circulation. There are no special restrictions on the storage of anabolic steroids by citizens..

28.09.2011

No. 3281

Seryoga asks:

Hello.

In April 2011, GOST drug control officers came to my home asking if I had anabolic drugs at home. I answered yes as I am a professional athlete. I voluntarily gave everything. In the course of the events, I learned that I was kept on a note for a year and my phone was tapped. The case was initiated against me under Article 234, Part 3. The criminal case was initiated on the basis of two episodes that were staged with the participation of their employee. This Man met me at the gym and over time begged me to help him get anabolic steroids. I told him right away why he needed it if you do not compete. As a result, I also tempered the preparations for him when I ordered myself. By telephone conversations it was revealed that I often discuss and propose, and I myself am interested in drugs. But two episodes were recorded for the same person. What can threaten me?

Answers the head of the paragraph:

Hello. Take this case seriously, as, apparently, a sufficient evidence base has been collected against you. You can, of course, follow the path of resistance, right up to the European Court (by and large, it is not possible, but necessary), proving that the second purchase is unlawful, and that there was generally a provocation. In addition, anabolic steroids are not drugs, and their distribution has nothing to do with the goals and objectives of the Federal Drug Control Service. After all, a special drug service was created to resist drug addiction and drug mafia, and not to create the appearance of work.

But if you are not in the mood to “butt with an oak tree”, in order to minimize punishment, you should, as I believe, file a petition for the consideration of the case in a special procedure, which is possible only with a full admission of guilt. It is also desirable not to be limited to formal characteristics. For more details see answers No. 3254, 2398, 1860.

September 25, 2011

No. 3226

Alexander asks:

Good day. Need a consultation. Several months ago I bought ephedrine in a foreign online store with delivery to the Russian Federation. I learned that the substance is a precursor of drugs and is potent, but it was too late. The operatives received me at the post office, drew up a protocol, and took me to testify. He told how it was, what was needed for sports purposes, to improve the figure. They said they would be summoned to testify. The total substance is 23 grams, and the active ingredient is 1.6 grams. said that this is a lot and will count the total amount of substance.

Plus, they want to tie the article to 234 188 more. The investigation has been going on for 3 months, while they have not called me anywhere, they say they have some kind of expertise. A search was also carried out and the computer was not confiscated as a thing. doc. (still with them).

There were no preventive measures, they do not acquaint with the documents, they say it is not necessary to know the details, the case was initiated after the fact.

Tell me, I’m at a loss, I don’t know what to do, because I have never been a drug addict or a trash seller, I just wanted to improve my sports results.

Thank you

Answers the head of the paragraph:

Hello.

You need to take this case seriously, since you are threatened with punishment for a combination of crimes (Articles 188 and 234 of the Criminal Code) up to 15 years in prison. 15 years, of course, will not give, but they can jail.

The determination of the size of a potent substance in your case is really carried out not by the active component, but by the entire mass of the drug, taking into account neutral impurities (see Government Decree No. 964 of December 29, 2007).

Since the case was initiated upon the fact and, as far as I understand, you are not involved as a suspect or accused (which, judging by the plot, is strange, but often happens), your rights as a procedural person are limited. In particular, you are not obliged to acquaint you with the decision on the appointment of an examination and its results..

If you admit guilt and regret it, it is probably better to apply for a special hearing. This gives a chance that the sentence will be conditional..

12.09.2011

No. 3223

Marina asks:

Good day. My friend was detained at the border of the Russian Federation and Ukraine. A criminal case was initiated under article 188.2 of the Criminal Code of the Russian Federation for the presence of two undeclared packages of reduxin with him. Reduxin was bought by him in Moscow, the checks were in hand and were presented to the employees of the NK. Is it legal to initiate a criminal case? How to behave in this situation? Thank you.

Answers the head of the paragraph:

Hello.

I believe that the case was opened unreasonably, since reduxin does not belong to potent substances.

For the purposes of the Criminal Code, the list of potent substances was approved by Decree of the Government of the Russian Federation No. 964 dated December 29, 2007. Sibutramine, which is part of the drug reduxin, is classified as a potent substance. Also recognized as such are “all dosage forms, no matter what brand (trade) names they are designated, which include the substances listed in this list in combination with pharmacological inactive components.” Combined drugs (that is, including, in addition to the potent, other pharmacologically active components) are not potent substances.

Reduxin (unlike Meridia, etc.) is a combination medicine, which contains the potent substance sibutramine and microcrystalline cellulose. According to the instructions for reduksin, it contains “active substances: sibutramine hydrochloride monohydrate 10 or 15 mg, microcrystalline cellulose 158.5 or 153.5 mg; excipients: calcium stearate. ” This is confirmed by the description of reduxin in the State Register of Medicines (domestic medicinal, medico-prophylactic and diagnostic products approved for medical use, volume 1, part 1).

Your acquaintance and his lawyer should appeal the initiation of a criminal case to the prosecutor or to the court (see Articles 124, 125 of the CCP).

12.09.2011

No. 3216

Asks 69 69:

Good day! For the first time I want to order a LIDU from China by mail. Three packs (as the price suits). Will there be any difficulties in getting it? Can it turn into something unpleasant for me?

Answers the head of the paragraph:

Hello.

I do not advise you to do what you want, even if the price suits you. The drug “Lida” is considered as a potent substance, the movement of which through the customs border is qualified as the smuggling of items prohibited for free circulation and carries a penalty of up to 7 years in prison (part two of Article 188 of the Criminal Code).

09/08/2011

No. 3183

Natalya asks:

Hello, I work in a pharmacy as a manager and am responsible for the circulation of the potent list of PKU. For a year, at the doctor’s request, she put aside her medications and dispensed them on prescriptions, which the doctor herself brought to the pharmacy. Drug control brought me in as the person responsible for the illegal sale of potent drugs. There was a wiretapping of phones, in conversations with the doctor, I promised to postpone various amounts of drugs for her. After checking, several recipes were not quite correct. I was not in collusion with the doctor. I had no material benefits. The doctor dispensed all the prescriptions herself in the pharmacy. What punishment do I face? I ask for help. Thank you in advance.

Answers the head of the paragraph:

Hello. In your case, parts one and three of Article 234 (sale of potent substances) cannot be applied. The actions described by you do not even fall under the disposition of part four of the same article, according to which violation of the rules for dispensing potent substances is punishable, since it is applicable only if the violation has led to significant harm. As far as I understand, no harm has come from your actions, especially since you cannot bear responsibility for the doctor’s further actions (just as you are not responsible for the further use of drugs by other buyers).

Drug control applies Article 234 in this way: if the over-the-counter sale of a potent substance has led to significant harm, apply part four, and if no harm ensued – parts one through three (depending on the amount of the substance). It turns out that actions that caused harm are punishable by up to two years in prison, and the same actions that did not cause harm are punishable by up to eight years in prison. This is absurd.

Depending on the stage of the proceedings on the case, it is necessary to apply for its termination to the prosecutor or the head of the investigating body conducting the case. If the case is in court, I believe that the public prosecutor should have dropped the charges, or the court should pass an acquittal.

Inform us about your case, if you find it possible.

31.08.2011

No. 3176

Nyusha asks:

Good evening! I was an athlete who used and stored large quantities of non-narcotic drugs at home, bought them via the Internet. I didn’t distribute it, but I didn’t sell it a couple of times, there was no need for money, it was just a coincidence. I read the comments to Law 89, I quote: “An unspoken form of test purchase is also used, which is not reported to the seller, and a certificate is drawn up based on the results of this event. test purchase forms cannot be used in proving a criminal case, since there are no procedural guarantees of the reliability of the information obtained in this way. Such results serve the tasks of performing operational-search activities and may be the basis for initiating a criminal case, followed by an investigative experiment ” … I want to get away from the “bouquet”, because for each episode there will be a sanction of up to 8 years and I recognize only the last episode, I insist that the funds were at home in large quantities for personal use, as the athlete herself. I am wondering if I am reading the law correctly, that those two episodes before the initiation of a criminal case in the case must go with a certificate and in general they can be denied, since at that time there was no ruling on the OMP, then it would be interesting to know after the ruling there was another secret purchase, but the money was not confiscated and they were not found in the apartment either, can this also be denied? Again, I’m starting from the law, it says that the results of an unofficial purchase cannot be used in proving a criminal case … And yet, in what cases can we talk about coercion to sell? How can this be proven? Now I am charged with 234 Art. hours 3, 30 hours 1 and 30 hours 3. What does the court practice say in such cases and how to build a defense? The lawyer does not defend me at all, but asks for about 1 million for a bribe to the judge and at the same time promises a conditional one? But I understand that for a bribe there will be an even longer period … In general, only I can save myself … Did I take the correct position? What do I say, that I used it myself and agree only with the last episode? By the way, I have not been convicted before, I am a student, I am an athlete and everywhere I have taken positive characteristics. I don’t even need a suspended term, since I work, they won’t understand there, and unfortunately with a suspended sentence, I can forget about my career forever…

Answers the head of the paragraph:

Hello.

First of all, chase a lawyer in the neck. If you work in a large bank, then you live in a big city, where you can find a decent lawyer. Refusal of a lawyer – the right of the accused.

I think you should keep an active line of defense, I would say offensive. Do not agree to a special order of trial (“deal”), to which if you were not persuaded, then they will persuade. “Deal” assumes full admission of guilt.

You correctly understand the lack of evidence of guilt in all episodes, except for one, including the lack of evidence of the charges under part one of Article 30, part three of Article 234 (storage of potent substances for sale). The fact that the drugs were found in packaged form does not in itself serve as a basis for accusations of preparation for sale. This is the position of the Supreme Court of the Russian Federation, expressed, in particular, in the ruling of October 6, 2010 in the Bushko case, where, with regard to a similar situation with drugs, it is stated that “the amount of a drug and its packaging, not confirmed by other evidence, cannot with certainty indicate the intention to sell. ” You can safely refer to this definition, although in your case there were not drugs, but completely different substances.

For the only episode (attempted sales), where, judging by your letter, there is enough evidence, I would recommend contacting the prosecutor (of the relevant city / district) with a petition to terminate the criminal prosecution due to the insignificance of the action committed. According to Article 14 of the Criminal Code, “an action (inaction) is not a crime, although formally it contains signs of any action provided for by this Code, but due to its insignificance, it does not pose a public danger.”.

The insignificance in your case is not indicated by the amount of the substance you sold (as I understand it, we are talking about anabolic steroids), but the fact that these drugs are not narcotic drugs, are not used as psychoactive substances. Even if abuse of them harms the body, their illegal turnover has nothing to do with drug addiction – that social trouble, to overcome which drug control was created..

Of course, the law is the law, and in formal accordance with the law, the Government included anabolic steroids in the List of Potent Substances. But it does not follow from this that in every case their illegal sale should entail criminal liability. As follows from the Definition of the Constitutional Court of February 8, 2007 No. 290-О-П “courts of general jurisdiction, when resolving this category of criminal cases, …, must take into account the quantity, properties, degree of influence on the human body of this or that drug, as well as others the circumstances of the specific criminal case. ” If the Constitutional Court attributed this requirement to drugs, then the more it is applicable to less dangerous potent substances.

08/29/2011

No. 3147

Maria asks:

hello my name is Maria. My friends – climbers, rock climbers, when making sports trips have first-aid kits in their hands, which should include tram and relanium. a very high risk of serious injuries in areas inaccessible to doctors. How can they be formalized? 1. when driving through the Russian Federation. 2.When a mountaineer goes abroad. The regular recipe cannot be used as at the time of purchase of the drugs, all participants are alive and well.

Answers the head of the paragraph:

Hello.

I’m sorry to be late with the reply. Tramal and relanium (diazepam) are classified as potent substances, the acquisition, storage and transportation of which within the Russian Federation is not limited by law. The situation is more complicated with their transportation across the border of the Russian Federation, which without proper registration can be regarded as the smuggling of potent substances. I believe that the solution to this problem within the framework of the current legislation is unlikely. The only thing that can be proposed is the establishment of contacts by public organizations of climbers with the Ministry of Health and Social Development and the Federal Drug Control Service for a joint search for a legal solution to this difficulty..

21.08.2011

No. 3134

Laura asks:

In April, a police squad came to me with a search, on the basis of a citizen’s statement that I had sold him Thai pills and that he was transferring money for them to my bank account. During a search in my apartment, nothing was found. At the same time, the opera very strongly insisted on a confession, I accordingly denied everything, because I did not sell anything to any citizen and did not receive money from him. A computer hard drive with mail correspondence was taken from my apartment, where letters with questions about Thai pills were located. I myself took them a year ago and therefore sometimes corresponded with people like me about the success of losing weight. After that, four months passed. An investigator summoned me today and charged me under Article 234 h 3 one episode with this citizen.

In this case, I was presented with records of telephone conversations on paper prints, which I did not conduct. I was not allowed to listen to the disc with the recordings. They also presented my correspondence by email, they also presented a page on a social network about the sale of Thai pills, that supposedly she was mine, although there is a different name and surname and there is absolutely no connection with my real name and surname.

They also showed me an extract from my account, where there was a receipt of the amount from this citizen, but since I am engaged in business, I use this account all the time and transfers to this account come constantly, which was regarded as receipts from the sale of tablets.

Further in the statement from this citizen it was written that he received the pills by EMC mail. The investigator conducted an examination, the content of sibutramine was 12 grams. I didn’t see the pills themselves, nor did I conduct any conversations with the citizen..

In the testimony, I claim that I did not sell anything, I did not place any ads for sale.

Today I read that the article provides for storage, sale, especially large sizes, in a group of persons! And what should I do now? to hire a lawyer or to use the state? Or what? The investigator says that these facts are enough to bring the case to court, and I think that there is no corpus delicti, because it is stupid to build an accusation on only telephone conversations of unknown origin and correspondence on the Internet. So you could write that I sold a kilogram of heroin and talked at the same time on the phone. thanks in advance for your answer

Answers the head of the paragraph:

Hello. I believe that the defense in your case can be built in two directions, and they do not contradict each other.

On the one hand, you quite convincingly show the lack of proof of the very fact of the sale. I will not expand on this topic, but in a systemic unity it will be difficult for you to build a defense along this line without a conscientious lawyer.

The second line of defense seems to me to be more effective. I will summarize what has been said earlier in our consultations.

Thai pills are harmful or not, their circulation has nothing to do with the problem of drug addiction and drug crime. Drug control (he probably does your case) is running sibutramine cases solely to improve accountability. Side harmful effects come from countless drugs (starting with analgin) and the so-called dietary supplements, so the attribution of these diet pills to potent substances is unreasonable. Moreover, all remedies for obesity are unsafe: and the more effective, the more dangerous.

The Constitutional Court has repeatedly noted the need for an individual approach to the qualification of actions related to drugs and powerful substances as committed on a large or especially large scale. According to the Decision of the Constitutional Court of the Russian Federation of December 4, 1997, No. 130-O, “when considering the relevant categories of criminal cases, in the final analysis, courts must proceed not only from the quantity, but also from the properties of various types of narcotic drugs according to the degree of their effect on the human body.” A similar legal position is expressed by the Constitutional Court in the Definition of February 8, 2007 No. 290-О-П.

In my opinion, there is every reason to appeal to the prosecutor or the head of the investigative department of the body in charge of the case, with a petition to terminate the criminal case due to the insignificance of the imputed actions (part two of Article 14 of the Criminal Code), since they did not lead to the infliction of any or harm to citizens and public interests.

Moreover, there are grounds for raising the question of terminating criminal prosecution due to the absence of corpus delicti in the actions imputed to you (paragraph 2 of the first part of Article 24 of the CCP).

Thai tablets are different in composition, but the active substance in them is more than one sibutramine. This implies the following.

List of potent substances approved by By the Resolution of the Government of December 29, 2007 No. 964, refers to such

1) all dosage forms, no matter what brand (trade) names they are designated, which include the substances listed in this list in combination with pharmacological inactive components;

2) all mixtures and solutions containing the substances listed in this list, regardless of their concentration. Medicines that include, in addition to the potent one, other pharmacologically active components are not considered potent substances. But Thai tablets are not officially recognized as drugs, therefore, in practice, the second of the named categories (mixtures) applies to them. And according to the same Resolution, the large size of the mixture containing potent substances is determined without separating the active component, over the entire weight of the mixture.

Hence, in your case, 12 grams of sibutramine is obtained: this is the weight of the entire mass of tablets. An illegal situation is emerging: the size of narcotic drugs and psychotropic substances included in lists II and III of the List of drugs is determined by the “pure substance”, and the size of potent substances, the control measures of which are generally less stringent, is calculated by the weight of the entire mixture.

The Federal Law “On Circulation of Medicines” also includes unregistered medicines. According to article 4 of the law, “drugs are substances or their combinations that come into contact with the human or animal body, penetrate the organs, tissues of the human or animal body, used for prophylaxis, diagnostics (with the exception of substances or their combinations that are not in contact with the human body or animal), treatment of disease, rehabilitation, to preserve, prevent or terminate pregnancy and obtained from blood, blood plasma, organs, tissues of the human or animal body, plants, minerals by synthesis methods or using biological technologies. ” Although the circulation of unregistered drugs as drugs in the Russian Federation is prohibited, it does not follow that unregistered drugs are not drugs for the purposes of criminal law.

Since Thai pills are actually a complex drug, it is illegal to classify them as potent substances..

If you are denied the termination of the criminal case, you should file a request for an additional comprehensive examination of these tablets, asking the expert about their composition (the examination, by order of the investigator, answered the question about the presence of sibutramine in them) and whether other components of these tablets are pharmacologically active … Even if the investigator does not satisfy the request, it is possible to present expert opinions as expert opinions (or opinions).

In the end, I would like to note that the “sibutramine affairs” dishonor the Federal Drug Control Service, because it is an obscene imitation of the fight against drug crime. Whether sibutramine is harmful or not, at least not a drug. The circulation of drugs containing sibutarmine has nothing to do with drug trafficking and drug addiction.

19.08.2011

No. 3118

Elena asks:

I am a pharmacist. I sold the drug Lindax without a prescription. There will be a trial under Art. 234 h 3. The girl said. that she has no recipe. but she called us. I said. that the drug is prescription. whether a doctor prescribed her. whether she has taken it before. She answered all the questions – Yes. Is Art. 234 for dispensing drugs from pharmacies. And thinking. that the provocation by the FSNK is beyond doubt.

Answers the head of the paragraph:

Hello. In your case, part three of Article 234 was applied unreasonably. The actions described by you do not even fall under the disposition of part four of the same article, according to which violation of the rules for the dispensing of potent substances is punishable, since it is applicable only if the violation has led to significant harm.

Drug control applies Article 234 in this way: if the over-the-counter sale of a potent substance has resulted in substantial harm, Part Four is applied, and if no harm followed, Part Three is applied. It turns out that actions that caused harm are punishable by up to two years in prison, and the same actions that did not cause harm are punishable by up to eight years in prison. This is absurd.

Depending on the stage of the proceedings, the case should be terminated. If the case is in court, I believe that the public prosecutor should have dropped the charges, or the court should pass an acquittal.

In such a situation, it doesn’t matter whether it was a provocation or not..

08/16/2011

No. 3107

Alexander asks:

Hello. I read all the questions on the site, but I would like to summarize the data and get advice in accordance with the current legal provisions.

I am a bodybuilder. I want to buy a drug from the list of potent drugs (methandienone) on the Internet. The order will be sent by mail. For personal use only. Actually, there are several questions and concerns:

1. If an employee of the State Tax Committee acts as a seller and I am detained at the post office, what article can I get under in this case? I assume that under 234 for the purpose of marketing. However, it will be impossible to prove this, since no intentions for the sale of the drug were recorded anywhere, but as practice shows (articles on thematic forums), it is impossible to achieve an excuse and will still be judged. Please comment.

2. On your website, in one of the consultations it was written that there is usually no way to check the concentration of the active substance and the weight of the ADD is taken as the weight of the entire drug, taking into account the ballast substances. In this case, one table. this drug can weigh about 40 mg., in my case 400 tablets. will weigh about 16g. means extra large size. Will it make sense in this case to prove that I took it for myself, and not for the purpose of marketing?

3. If the parcel arrives from another country, even if it was originally indicated that only in Russia. Will it already be considered contraband? In this case, will the evidentiary facts be taken into account that, when discussing the terms of shipment, the seller assured me that the parcel was only in Russia and I could not find out about further manipulations with it??

Thank you.

The lawyer Vasily Alexandrovich Ocheret answers:

Hello, Alexander!

If you purchase this substance weighing more than 2.5 grams, i.e. on a large scale, then when you receive a parcel by mail, police officers can really detain you, seize the parcel and initiate a criminal case under Part 3 of Art. 234 of the Criminal Code of the Russian Federation.

The sanction of the article provides for punishment with a fine in the amount of up to one hundred and twenty thousand rubles or in the amount of the wage or other income of the convicted person for a period of up to one year, or imprisonment for a term of up to eight years.

According to the Resolution of the Plenum of the Supreme Court of the Russian Federation of 15.06.2006 No. 14 “On judicial practice in cases of crimes related to narcotic drugs, psychotropic, potent and poisonous substances”,

The intention to sell these drugs, substances or their analogs, plants containing narcotic drugs or psychotropic substances or their parts containing narcotic drugs or psychotropic substances may be evidenced, if there are grounds for that, their acquisition, manufacture, processing, storage, transportation by a person himself those who do not use them, their quantity (volume), placement in packaging convenient for sale, or the presence of an appropriate agreement with consumers, etc. (as amended by the Resolution of the Plenum of the Supreme Court of the Russian Federation of 23.12.2010 N 31).

As indicated in the Decree of the Government of the Russian Federation of December 29, 2007 No. 964 “On the approval of the lists of potent and toxic substances for the purposes of Article 234 and other articles of the Criminal Code of the Russian Federation, as well as the large size of potent substances for the purposes of Article 234 of the Criminal Code of the Russian Federation”.

Answers head paragraph

All dosage forms, mixtures and solutions, which include at least one substance listed in the list of potent substances for the purposes of Article 234 and other articles of the Criminal Code of the Russian Federation for a dosage form, mixture and solution, large size is defined as the large size of a potent substance contained in a dosage form, mixture or solution for which a smaller coarse size is established, based on the total amount without conversion to the active substance.

In case of receiving a parcel from abroad, additional qualifications under Part 2 of Art. 188 of the Criminal Code of the Russian Federation, t. with respect to this substance, special rules have been established for movement across the customs border of the Russian Federation if this act was committed in addition to or with concealment from customs control or with fraudulent use of documents or means of customs identification, or is associated with non-declaration or inaccurate declaration.

Movement across the customs border of the Russian Federation of narcotic drugs, psychotropic substances, their analogues, plants containing narcotic drugs or psychotropic substances, or their parts containing narcotic drugs or psychotropic substances, tools and equipment under special control and used for the production and manufacture of narcotic drugs drugs and psychotropic substances, potent, poisonous, poisonous, explosive, radioactive substances …

The sanction of this article provides for a punishment in the form of imprisonment for a term of three to seven years with a fine of up to one million rubles or in the amount of the convict’s salary or other income for a period of up to five years, or without it and with restriction of liberty for a term of up to one year or without it.

Regarding the seller’s assurances that the goods were not sent from abroad, I believe that this explanation will not be convincing for the police, because if the goods are sent to you from abroad, you will receive the parcel at the international post office, which implies registration customs declaration to receive it.

You should not indicate false information about this shipment in the customs declaration when receiving a parcel, because only in this case can they be prosecuted for contraband. If you provide truthful information about the content of your parcel, then most likely it will not be issued to you from the customs post and will be sent back to the sender.

But if you are still given it, then it is possible that you can be immediately detained by the police – namely, for preparing to commit a crime under Part 3 of Art. 234 of the Criminal Code of the Russian Federation – the purchase of a potent substance for the “purpose of marketing” on a large scale.

It should be noted that the concept of “target of sale” is an evaluative criterion, which implies evidence-based justification by the court of the existence of this target in the subject of a criminal offense. In practice, you will have to prove that you do not have the goal of selling the potent substance you have purchased on your own or with the participation of a lawyer, but in any case it will not be easy. Just to say that I bought it for myself will not work, the process of proving the “sales goals” is rather complicated and not always effective due to the accusatory bias inherent in our law enforcement system in criminal proceedings.

Yours faithfully,

Vasily Ocheret.

15.08.2011

No. 3033

Oksana asks:

Hello!

I read the answer about the sale of the drug “Lindax” without a doctor’s prescription, but there is a slightly different situation. Please tell me on mine. A pharmacist, a young girl who graduated from college sold lindax last year, not paying attention to the fact that it contains sibutramine. It was a control purchase by Gosnarkokontrol. Two weeks later, they made a purchase from her again and, with attesting witnesses, formalized it. Charged as illegal sale of a potent substance, two episodes of the crime. They are intimidated, threatened with an article up to eight years in prison. Article 234, part 3 is imputed. Is it possible that such a mistake, due to inexperience, can turn out like this? After all, the drug is not registered and is prescribed on simple forms that do not remain in the pharmacy. And how can you excuse the demand from heroin? Thank you.

Admin replies:

Hello. In your case, the actions of a pharmacist on over-the-counter dispensing of a potent prescription drug were qualified under Part 3 of Article 234 of the Criminal Code of the Russian Federation as the sale of a potent substance on a large scale.

This qualification is quite controversial, because in your case we are not talking about illegal sale, since the pharmacy is engaged in the sale of potent drugs on a legal basis. More correct is the qualification of the pharmacist’s actions as a violation of the rules for the dispensing of potent substances (part 4 of article 234 of the Criminal Code of the Russian Federation). Moreover, according to the disposition of part 4 of Article 234 of the Criminal Code of the Russian Federation, criminal liability is possible only if the violation entailed the infliction of substantial harm (see, for example, consultation No. 1085).

Apply for the termination of the criminal case to the head of the investigation department (department) or the prosecutor.

In addition to the arguments regarding the incorrect qualification of the mistake made by the pharmacist, justify the petition by the fact that regardless of whether sibutramine is harmful or not, in particular the drug “Lindax”, its circulation, even with violations of the rules, has nothing to do with the problem of drug addiction and drug crime.

11.07.2011

No. 2984

Lyolik asks:

Hello. The psychiatrist prescribed pills, which are hard for me to do without. This is alprazolam, it is on the “List No. 1 of potent substances in the PCCN, it is bought with a prescription, but the prescription remains in the pharmacy after buying the medicine. Do I need any papers to freely transport a package (two) of these medicines and what?

Answers the head of the paragraph:

Hello. No documents are required for the transport of potent substances within the country. I would like to draw your attention to the fact that the Government Decree No. 964 of December 29, 2007 is currently in force, and not previously applied PKKN Lists.

28.06.2011

No. 2976

Vladimir asks:

hello please tell me. I am accused of selling tramal in the amount of 0.500 grams, this is 5 capsules with criminal intent. under article 30h3 and 234h1. a test purchase was made in the case there is a video and sound recording of the sale. I am not judged early. there is only one episode of the sale, I admitted guilt with the investigation, I collaborated, I completely regret it. the characteristic from the place of residence is positive, I am not registered in dispensaries. tell me what kind of court decision should I expect? Will everyone cost a suspended sentence or can they go to jail? in consequence, I pointed out that the drug was found on the street and I decided to sell it after learning that it was a strong pain reliever. the trial will be on special order very soon. waiting for an answer for earlier thanks. my mail-

Admin replies:

Hello. The sanction of part three of Article 234 of the Criminal Code includes a wide range of punishments: from 2,500 rubles of a fine to 3 years in prison (in the case of application of part 3 of Article 30 – 2 years 3 months; see Article 66 of the Criminal Code).

Consideration of the case in a special order does not allow the imposition of a punishment in excess of two-thirds of the upper limit of the sanction, i.e. in your case 1 year 6 months.

Since the court will examine you in a special order, only personal data will be examined. This should be taken care of. In addition to the formal characteristics from the place of study, work and residence, it is advisable to agree that those who signed them or other respected people spend time, come to court and act as witnesses (if they come, they will be obliged to interrogate them; part four of Article 271 of the CCP RF). They can ask the court not to apply real imprisonment to you. It doesn’t matter that they know nothing about the merits of the charge, since they will testify about the identity of the accused.

06/27/2011

No. 2863

Sergey Nnov asks:

Hello. I am a seaman working on a Finnish ship – responsible for the storage and accounting of medicines on board (but not a doctor). upon arrival at the port of Vysotsk – during a customs check in my presence, 5 ampoules of undeclared Stesolid (Diazepam) 2.5 ml 10 mg were found among other 200 medicines, I said that the agent was undeclared by me by mistake – without intent to sell. They called drug control and the drug was seized. There are no lists of Russian potent drugs on board. The ship’s ambulance station is always closed and sealed. Accepted duties 2 weeks ago and did not have time to check out the outpatient clinic. used the list of the previous employee. The issue of initiating a criminal case is being resolved. Please tell me what sanctions I am facing?

Answers the head of the paragraph:

Hello. Diazepam is indeed classified as a potent substance (Decree of the Government of the Russian Federation of December 29, 2007 No. 964 “On Approving the Lists of Potent and Poisonous Substances for the Purposes of Article 234 and other Articles of the Criminal Code of the Russian Federation, as well as large amounts of potent substances for the purposes of Article 234 of the Criminal Code of the Russian Federation Federation “). But criminal liability under parts one – three of this article is provided only for sales or actions for sales purposes. Under the fourth part of Article 234, “violation of the rules for the production, acquisition, storage, accounting, dispensing, transportation or shipment of potent or poisonous substances, if this entailed, by negligence, their theft or causing other significant harm” is prosecuted. In your case, such consequences did not seem to come.

As far as can be understood from your question, the inspection was carried out within the framework of customs control. In this case, part two of Article 188 of the Criminal Code (contraband of potent substances) may be applied. The details are important here: including whether you were aware of the presence of the detected drug on board. If you did not intend to smuggle and it is impossible to prove the opposite, you should not be prosecuted.

If a criminal case is initiated, contact the higher drug control body and the district (city) prosecutor with a petition to dismiss the case for the absence of your actions of corpus delicti (paragraph 2 of the first part of Article 24 of the CCP).

Another reason for refusing to initiate a criminal case or terminating an already initiated one is the insignificance of the act. According to the second part of Article 14 of the Criminal Code, “an action (inaction) is not a crime, although formally it contains signs of any action provided for by this Code, but due to its insignificance it does not pose a public danger.” If the head of the investigative body or the prosecutor refuses to terminate the case, one can apply to the court in accordance with Article 125 of the CCP, appealing against the very fact of initiating a criminal case. See consultation no. 2652.

04/29/2011

question number 2824

Tatiana asks:

In the evening, tomorrow in the Noginsk court I have a second hearing in a special order under Part 3, Article 30, Part 3, Article 234. I pleaded completely guilty, there was one episode in the indictment and information from my personal computer, they took me from the house where I am I voluntarily gave 4 courses of “Thai pills”, confessed that they herself took and mixed my course with the rest. The prosecutor requested 3.7 years of imprisonment in calories, total., Regime, the speech was in a loud voice that I hounded people across the Russian Federation, there is not a single victim, and in the case there are only nine people who said that they bought from me but without pretensions. I am a Muscovite, I work and have a post., Place of residence, no previous convictions, all character., Good, orphan and divorced, have a son in 2000, b. The judge gave me the last word, and announced a break until tomorrow 11.04.20011, to listen to the second guilty person and deliver a verdict, can I really be sentenced to imprisonment tomorrow … I think only of my son, knowing that my father does not need him…..

Answers the head of the paragraph:

Hello. Unfortunately, we did not have time to answer you immediately. We hope that the court made a fair decision, which can be, ideally, an acquittal, in extreme cases – a guilty one, but not related to imprisonment..

The sanction of part three of Article 234 of the Criminal Code leaves the court a wide range of punishments: from 2,500 rubles a fine to eight years in prison (if Article 30 of part three is applied, up to six years). It follows from this that actual imprisonment is possible only under significant aggravating circumstances, i.e. the high degree of social danger of the crime and the negative characteristics of the perpetrator. In your case, having a young child brought up without a father is more than enough not to deprive you of your freedom..

In your case, there is an admission of guilt, so I will not expand on the unreasonableness of including drugs containing sibutramine in the List of Potent Substances, which we have already written about here. First, whether Thai pills are harmful or not, their circulation, even with violations of the rules, has nothing to do with the problem of drug addiction and drug crime. Drug control deals with sibutramine solely to improve reporting. Secondly, side harmful effects come from countless drugs (starting with analgin) and the so-called dietary supplements, so the attribution of these diet pills to potent substances is unreasonable. Moreover, all remedies for obesity are unsafe and the more effective, the more dangerous. See consultation Nos. 1839, 1423.

04/16/2011

question number 2762

Elena asks:

Good day. Please tell me from when will the New Criminal Code 2011 be in effect? According to the amendments to article 234, part 3, the lower limit was removed. My son was sentenced under this article in 2009 to 4 years 9 months. April 7, 2011 will be 3 years in custody, serving time. Does it make sense to file a case for review, to whom and how to write? We were denied parole by the prosecutor, although the administration of the institution filed a petition for release. Thank you in advance.

Answers the head of the paragraph:

Hello. Federal Law of March 7, 2011 N 26-FZ “On Amendments to the Criminal Code of the Russian Federation”, which excluded the lower limits of sanctions under many articles of the Criminal Code, entered into force from the date of official publication in the “Rossiyskaya Gazeta” on March 11, 2011. It is unlikely that this basically correct law can be called the new Criminal Code..

In my opinion, this law cannot be interpreted as a whole as mitigating punishment for all articles where the lower threshold has been removed. The law solves another problem: to expand the limits of discretion of judges when imposing a sentence.

However, in some cases, it is possible to slightly improve the situation of those previously convicted under the relevant articles, including part three of Article 234..

In the case of your son, there may be such reasoning. The court, when sentencing, was guided by the limits of the sanction between 4 and 8 years. Your son was sentenced to 4 years 9 months, which is closer to the lower limit. Currently, the punishment in the form of imprisonment under this article ranges from 2 months to 8 years. That is, the interval has changed, and the penalty should shift down.

See a sample application in accordance with paragraph 13 of Article 397 of the Code of Criminal Procedure of the Russian Federation.

03/29/2011.

question number 2752

Cris ‘Cyborg’ Justino Wont Be Punished By USADA For Using Prohibited Drug

Mikhail B asks:

Hello.

History: In 2006. I bought tramadol from a pharmacy for pain relief of a mother with cancer. It was not possible to use it. He kept it until the end of 2010, suggesting that it might be useful as a pain reliever. In November, I posted an advertisement for the sale on the Internet. Then, suggesting that it might be illegal, he removed the ad and changed his mind to sell. In December, I was approached by email with a request to sell. He agreed to a meeting, where he sold 30 ml. solution (pharmaceutical form in ampoules of 2 ml. 0.5%). The purchase was made by an employee of the UFSKN, and issued by him. During the arrest, he stated that 3 more packages were kept at home. When inspecting the premises, he issued.

The investigator incriminates Article 234, part 3 – illegal storage for the purpose of sale, sale of a large amount of the total total (30 + 26 gr.).

The expert opinion reveals the entire solution as tramadol. Therefore, I am accused of selling in a large amount of 56g. potent substance.

Questions: 1. Is it possible to raise the question of unlawful incitement on the part of the operational service employees to illegal actions, violation of the Federal Law on operas. and investigative activities of Article 5. and in this regard to demand the termination of the case?

2. Does it make sense to apply for another more detailed chemical examination, in which the active substance will be isolated from the solution? For the purpose of retraining from part 3 to part 1 of article 234.

3. Does the Ministry of Health give conclusions about the social danger of this drug and the amount? Will such an answer help in this situation.

4. Does the court take into account the formulation of this drug and its dosage? (according to it, in my quantity of the sold solution, in 30 ml., contains 1.5 g of the active substance) Is it possible to refer to the analogy of drug-containing drugs, where, on the recommendation of the government of the Russian Federation in the comments on the enforcement of the Criminal Code, part of the drug is released from the mixture.

Thank you, Mikhail.

The lawyer Irina Vladimirovna Khrunova answers:

good day.

Yes, indeed, according to Art. 5 of the Law of August 12, 1995 N 144-FZ “On operational-search activity”, officials carrying out operational-search activities are prohibited from inciting, persuading, directing, in direct or indirect form, to commit illegal actions, which is called provocation. Regarding the provocation in the test purchase, the European Court said very well in the decision “Khudobin v. Russia” (this decision is on our website), as well as in other decisions. The general meaning is that the crime would not have been committed if it had not been for the initiative of the police officers who insisted on its commission. In your case, the initiative clearly came from you, since it was you who submitted the advertisement for the sale of a potent substance, and the police officers were only those who responded to the advertisement. Therefore, it is difficult to talk about provocation here. But if you have evidence (even if it be an e-mail) that you initially refused to sell the substance in the letter, and the police insisted on this, and even raised the price, then this is a different situation, and here it is possible to raise the question of provocation.

Article 234 of the Criminal Code of the Russian Federation speaks of the illegal circulation of potent or poisonous substances. According to the Decree of the Government of the Russian Federation of December 29, 2007 N 964, the substance “Tramadol (tramal)” is classified as a potent substance for the purposes of Art. 234 of the Criminal Code of the Russian Federation. Therefore, no conclusion of the Ministry of Health of the Russian Federation on the social danger of this drug and the amount will not matter for a criminal case – there is a potent substance, there is responsibility for actions with it.

In addition, according to the same aforementioned resolution, potent substances for the purposes of Art. 234 of the Criminal Code of the Russian Federation are also:

All dosage forms, no matter what brand (trade) names they are designated, which include the substances listed in the list in combination with pharmacological inactive components;

All mixtures and solutions containing substances listed in this list, regardless of their concentration.

You write that there is only a small amount of active substance in your solution, however, as can be seen from the Government Decree, the entire solution that contains the active substance “tramal” is recognized as a potent substance, regardless of concentration. Therefore, from the point of view of the law, it is correct to count the entire amount of the solution, and not only the active substance in it..

28.03.2011.

question number 2718

Maria asks:

Hello! I purchased Lida and Miaozi slimming capsules on the Internet for a year only for personal use. I do not work (housewife).

I have never been involved in distribution. Recently I got a call from the drug control and said that they want to question me as a witness, I have to come to the drug control to draw up a testimony report. In the store where I bought dietary supplements, they found a prohibited substance – sibutramine. They started a case. Can you please tell me how this could threaten me, and can I refuse to testify and not go there, or am I obligated by law? If I can refuse, it will not cause problems?

Admin replies:

Hello. When you call you, you are not obliged to go anywhere, and if the investigator calls you properly – with a summons, you can go for an interrogation with your lawyer (see article 58 of the CCP). Refusal of a witness to testify entails criminal liability under Article 308 of the Criminal Code.

The purchase and use of preparations containing sibutramine is not punishable.

21.03.2011.

question number 2714

Alexander asks:

Hello, please tell me what is the punishment for the illegal acquisition of 3 liters. gamma-butyralactone via the Internet, and delivery by a transport company ?? Help och it is necessary how to act in such a situation, will they be able to incriminate the article with a purchase for the purpose of sale, if there are no grounds for this ?

Thank you.

Admin replies:

Hello. Gammabutyralactone is a potent substance (Government Decree of December 29, 2007 No. 964). Its acquisition, storage in any quantities without the purpose of sale is not criminally punishable (Article 234 of the Criminal Code). Only a large amount of purchased gammabutyralactone cannot testify to the target for marketing. See consultations No. 1635, 1867.

Knowing the zeal of the Federal Drug Control Service, the above does not exclude that you are at risk and they will not try to impute the acquisition, storage for the purpose of sale. And on completely legal grounds you can be attracted as a witness in the fact of selling you a potent substance.

21.03.2011.

question No. 2672

Natalya asks:

Hello! my friend, he is from Egypt, but lives in Moscow, was detained at the airport with 640 pills. these pills were prescribed by a doctor. they were taken from him for examination. they contain tramadol. now he is in a pre-trial detention center, documents from Egypt have received from his doctor that they are indeed prescribed for him for treatment. so he said it at the airport, and that he bought them for a year, because he lives in Moscow and has a job and will only be able to go home in a year. he did not know that they were banned in Russia and that they must be declared. he took them out from Egypt without a declaration and there were no problems. now he is under investigation under two articles 188, part 2 and 234. tell me what to do in this situation? and what are the consequences? thank you in advance!

Answers the head of the paragraph:

Hello. The consequences can be very serious, because punishment, if the accused is found guilty under both articles, will be imposed on the cumulative crimes.

The defense needs to focus on the legal origin and declared purposes of the acquisition and transportation of the drug by the accused. It is necessary to attach to the case file properly certified medical documents from Egypt with a notarized translation (does what he received from the doctor meet these requirements?), And also obtain (possibly through the embassy) the officially translated rules of medical prescription of this medicine in Egypt..

It is clear that the maximum goal is to justify your acquaintance, and the intermediate goal is to exclude Article 234 of the Criminal Code from the charge on the grounds of lack of evidence of storage for sale. See consultations Nos. 1635, 1867, in particular references to the judicial practice of the RF Armed Forces.

02/23/2011.

question number 2525

Marusya K asks:

Good day! Autumn 2010. my father was visiting Germany, where medicines were purchased for him, including Aconitum / China comp., Suppositorien (for children) is a complex preparation (suppositories) used at elevated temperatures in children (for purely personal use ( 5 grandchildren in the family.) A total of 4 packs were purchased (10 candles, 1 g each). 4 packs contain 40 mg of Aconitum napallus, as well as 4 more medicinal components in addition to fat and honey..

27.12.2010 a customs officer arrived in order to clarify the circumstances of the smuggling of potent and toxic substances in the composition of the medicine Aconitum / China comp., Suppositorien (for children) (Article 188 of the Criminal Code of the Russian Federation). I handed over a notice of a registered letter addressed to my father, which the postman brought only on 28.12.2010. (according to the letter, my father had to appear on 16.12.2010 in Kaliningrad to testify). The customs officer took the written explanations.

The father did not know that this drug contains a substance prohibited for import into the territory of the Russian Federation. The medicine was ordered via the Internet by friends according to a prescription compiled by the father himself, but in Germany this prescription is not valid, so the order itself was placed simply for a specific person.

According to clause 11 of the Notes to the lists of potent and poisonous substances: “Potent and poisonous substances include not only the substances listed in these Lists, but also dosage forms, provided that the drug does not include other pharmacologically active substances that determine the specific activity of the drug . If the composition of the combined agent includes, in addition to the main controlled substance, other pharmacologically active substances, and it is not listed in the Lists, then the issue is resolved by expert advice in accordance with paragraph 6. of these notes. This provision also applies to dosage forms in the idea of ​​suppositories (suppositories) and for prolonged forms (long, retard). Accordingly, if the Lists of a controlled substance do not specify the prescription composition of the combined medicinal product or the corresponding dosage form (suppositories, long, retard), then they are not subject to the control of these Lists “

Can the above drug be attributed to this item??

Please tell me what our actions should be, what to expect, and how legitimate the current situation is?

Thank you

Best regards MK!

Answers the head of the paragraph:

Hello. Aconite is included in the List of Poisonous Substances approved by the Government Decree of December 29, 2007 No. 964. And on this basis, the customs and the Federal Drug Control Service probably think that they have opened (or are preparing) a criminal case under Article 188 of the Criminal Code on a legal basis. But it is not so.

Criminal liability for the purposes of Articles 188 and 234 of the Criminal Code of the Russian Federation is provided only in cases established by the Government of the Russian Federation. Although the footnote to Article 234 of the Criminal Code of the Russian Federation refers not to “cases”, but to substances whose list is approved by the Government, in practice the Government was forced (in addition to the names of the substances themselves) to establish the forms of mixtures, including drugs, subject to the Criminal Code. Therefore, the List of potent drugs includes all drugs, no matter what brand (trade) names they are indicated, that contain the substances listed in the list in combination with pharmacological inactive components. Accordingly, drugs, which include, in addition to the potent, other active ingredients, are not potent.

It should be borne in mind that potent substances pose a certain danger in the context of protecting public health from drug addiction and other forms of chemical dependence. Poisonous substances, which include aconite, do not lead to drug addiction, for obvious reason. Therefore, limiting their turnover in the composition of mixtures is possible only if such a mixture is really poisonous due to the presence of this poisonous substance in it. If a medicine containing aconite is not poisonous in the literal sense of the word, responsibility for its circulation is completely inappropriate, its movement across the border cannot be considered contraband of a poisonous substance..

The List of Poisonous Substances does not include any mixtures containing these substances, especially any multicomponent drugs. The absence of such a position can only be interpreted in favor of the citizen, since, according to Article 18 of the Constitution of the Russian Federation, human rights and freedoms determine the meaning, content and application of laws, and under Article 49 (Part 3) of the Constitution of the Russian Federation, “irrevocable doubts about a person’s guilt are interpreted in favor of the accused.”.

But even if we use the analogy of law (which in the case of criminal liability is not entirely appropriate, but in my opinion it can be applied in favor of the citizen), and in this case, drugs containing other active ingredients, by analogy with the List of Potent, cannot be considered poisonous.

Since Aconitum / China comp., Suppositorien is a complex preparation (suppositories) used for fever in children, this is clearly not a poison. To complete the picture, I advise you to contact an expert pharmacologist about this, and if a criminal case is initiated, apply for a pharmacological examination in order to terminate it..

31.12.2010.

question number 2360

Marina asks:

Hello, in March 2009, I ordered Lida slimming capsules to China through an online store, the batch was 50 packs, it was many times cheaper, my friends and I chipped in and ordered a batch of Lida, cordyceps and Ginseng. By agreement with the Itai, the parcel arrived in Moscow, and I had to pick up 2 parcels, in one Lida, in the second Cordyceps with Ginseng. Upon arrival home, I saw that the parcel was torn in the corner and 3 Lida capsules were missing, I thought that it was a check at the customs and that everything was in order with the capsules. But when I printed it out, I saw a lot of Lida (dietary supplements for weight loss), the Chinese contacted me and said that this package was not mine and should be returned, I did not know how to do this, because I did not ask them for any documents, everything was for personal use. Told them to come and get her. They said they would help me sell it, and I would send them the money. I agreed. They sent me the phone numbers of clients, I called some of them, but we did not really agree on anything. Then “their client” contacted me, we made an appointment. I brought the capsules and took the money at the purchase price of the Chinese without travel expenses. It was a drug control officer from Moscow. A criminal case was opened against me under Art. 234, part 3. I am 33 years old, 2 children and a husband. I am currently on maternity leave to care for a child. Many leaders called on behalf of the Chinese and I sent them Lida’s packages, I thought to quickly settle with the Chinese. But it turned out that drug controllers were watching me. All negotiations were written. After that, I had a severe nervous breakdown, which led to a pituitary adenoma, heart disease and two suicide attempts, in the second with C

Further.

After they told me that the capsules contain sibutramine, worm eggs, etc. I told them that if they are afraid of something, they can send me the capsules back, and I will return the money to them. But it turned out that drug controllers were watching me. All negotiations were written. After that, I had a severe nervous breakdown, which led to a pituitary adenoma, heart disease and two attempts at suicide, in the second case I was hospitalized in a serious condition. In the preliminary indictment, I am accused of selling sibutramine under the guise of Lida capsules, which is actually not true. Please tell me what threatens me really in my case? What should I do to get the case closed? Hired a lawyer, but he doesn’t tell me anything and does nothing.

Thank you in advance.

The lawyer Irina Vladimirovna Khrunova answers:

Marina, hello.

First, according to the law, a lawyer works only for the benefit of his client. Obtaining reliable information about the events taking place during the investigation, and informing your client about this, is the direct responsibility of a lawyer. If you are not happy with the way a lawyer performs his professional duties, then you have every right to express your dissatisfaction with the lawyer so that he changes his position, and if such a conversation does not bring results, then you have the right to conclude an agreement with another lawyer for your defense. The guarantee of successful work with a lawyer is complete trust in him.

Second. Art. 234 of the Criminal Code of the Russian Federation is a crime that can only be committed with direct intent. This means that the person was aware of the social danger of his actions (inaction), foresaw the possibility or inevitability of the onset of socially dangerous consequences and wished for their occurrence (Article 25 of the Criminal Code of the Russian Federation). In addition, a necessary condition for this crime is the person’s awareness that the substance is potent or poisonous.

Monitoring you, recording telephone conversations may indicate that you have actually distributed the drug. But you do not deny this fact, you really sold it, but at the same time you did not know that this substance is potent or poisonous. In your criminal case, this is exactly what you need to prove that you did not know that it was such (potent or poisonous), and from your side it is necessary to present the relevant evidence to the investigation. It can be anything – printouts from a drug sale site, printouts of e-mails that these are diet pills, testimonies of your girlfriends and friends to whom you offered these pills and, for example, described them as an excellent means for weight loss. You are not a specialist, and you could not know that the product contains some kind of prohibited substances. If you asked Chinese suppliers about the composition of the tablets, and they answered you, then copies of these letters must be attached to the case file. All the above documents can be attached simply as a regular printout, or you can secure it with the help of a notary (they know how to do this).

If you are a suspect or accused in a criminal case, then you have the right to present evidence, including by applying to the investigator with petitions. In these petitions, you must state your request to the investigator to attach some documents to the case file, and attach these documents to the petition. The investigator is not interested in collecting evidence of your innocence, he has a different function, therefore, only you need to prove your innocence.

09/07/2010.

question number 2329

Polina asks:

Good day! In March 2010, officers of the Federal Drug Control Service (in the form of a “maskishou”) came to my husband’s work with a search. Found nothing. They were charged under Article 30 Part 3 and Article 234 Part 3 of the Criminal Code of the Russian Federation. Three criminal cases were initiated on three episodes (at different times, my husband “deliberately, illegally sold the group. … for the first time – a bottle with the inscription” … Methandienone tablets … “, in the second -” Pronabol-10 “, and the third time – I do not remember which one, while my husband did not complete his deliberate actions directly aimed at selling the potent substance due to circumstances beyond his control, because during the ORM “test purchase”, the potent substance was seized from illegal traffic “). In May, they searched the apartment and found nothing. The husband tells them that he did not sell anything. This group, who is a “friend” of my husband, explained that he had made prov. purchases under the influence of the FSKN officers and now he regrets it, the FSKN has video of prov. purchases and telephone conversations. I would like to know what kind of punishment my husband faces. Considering that, being an athlete, he purchased this drug for his own consumption and is not engaged in its trade – he simply does not need it (this group persuaded my husband to give it to him, said that if he liked it, he would buy it himself. there was no transfer of money for pills, if this citizen gave money to my husband, then for sports nutrition, which the husband buys through the online store for himself and for his friends, because he has a big discount there). I would like to note that my husband has a higher legal education, is a fairly well-known athlete in our region, a multiple winner of regional, prize-winner of Russian competitions. Please tell me what to do, what to testify in order to avoid punishment. Thanks in advance for your reply.

The lawyer Irina Vladimirovna Khrunova answers:

Pauline, hello.

Firstly, our site deals with issues of legal advice to persons who have found themselves in a difficult life situation in connection with drugs. We would like that persons who did not commit anything illegal were not brought to justice, and if a person, for some life circumstances, nevertheless committed a crime, then his bringing to responsibility would be in full accordance with the law. At the same time, we are not engaged in tips on how to “get away” from punishment. And believe me, such questions come to our site. That is why, your phrase “what to testify in order to avoid punishment” is not correct.

Let’s understand the essence. From your letter, I still do not understand whether your spouse has committed the actions of which he is accused or not? Did he give pills to his friend or not? You write that your spouse is accused under Art. 234 of the Criminal Code of the Russian Federation “Illegal circulation of potent or poisonous substances for the purpose of marketing.” According to the law, distribution of drugs or strong drugs without any monetary reward, that is, free of charge, in the form of, for example, donation, is also considered a sale. Therefore, the sale can also be the transfer of drugs “just like that”, without money.

You write that there is a video of test purchases and telephone conversations in the criminal case. What are these videos and conversations? If now the husband cannot explain exactly what conversations and meetings were recorded on video, then a little later, at the end of the investigation, he will be provided with all the materials of the criminal case for review. Accordingly, if video and telephone conversations are evidence in the case, then they will also be provided for review. And then your spouse will see exactly which conversations were recorded and how they can be interpreted. What is it – the sale of potent pills or is it the sale of sports nutrition? Or is it not at all clear what this is about? And for what dates is this video?

Thus, it is necessary to clearly separate those things that may have procedural significance and which cannot. For example, the so-called “repentance” of a friend is irrelevant, and it seems to me that it can hardly be used. He has already done everything, he gave the appropriate testimony, as a witness, he recorded everything on video, and nothing can be returned back..

In this case, in any case, the positive characteristics of your spouse will matter, and this should be taken care of in advance. Be sure to attach proof of all his sporting achievements to the case file.

July 31, 2010.

question number 2282

Anna asks:

Why is part 3 of Article 234 charged for 5 ampoules of Relanium? This is absurd! They contain only 50 mg of diazepam. There is some way out?

Answers the head of the paragraph:

Hello. According to the lists approved by the Decree of the Government of the Russian Federation of December 29, 2007 No. 964, an amount exceeding 1 gram is recognized as a large size of diazepam. At the same time, the dimensions of medicinal products containing only one pharmacologically active substance are determined by the weight of the entire preparation, without recalculation for the active substance. Relanium contains one active substance – diazepam, so the size is determined by the total weight of the drug.

This is unfair legislation. It turns out that illicit trafficking in potent substances is punished more severely than illicit trafficking in narcotic drugs and psychotropic substances of II and III lists (where responsibility comes for a pure substance).

26.06.2010.

question number 2241

Marina asks:

Hello.

A few days ago, officers from the drug control service came to my house and presented a search warrant. During the search, dietary supplements were seized, which, on the suspicion of drug control officers, contain a potent substance – phenobarbital. All seized products legally exist on the market in 73 countries of the world and are confirmed by Rospotrebnadzor certificates signed by the chief sanitary doctor G. Onishchenko in the Russian Federation. In addition, all the money at home was seized, as well as a notebook. On my demand to provide me with a copy of the search warrant, as well as a copy of the search protocol of the seized products and things, I was refused. Moreover, later I was informed that it was not a search, but a territorial inspection (although I was shown a search warrant signed by a judge). Based on this, I have the following questions:

1. Should employees leave copies of these documents to the landlord?

2. Does the inspection of the territory without the consent of the residents of the apartment imply the following actions – confiscation of personal belongings, money, personal inspection with removing clothes, taking prints from household appliances?

3. What is the maximum period of time a search can be carried out from the moment the judge signs a search warrant??

Also, the behavior of the witnesses remains unclear. As far as I know, witnesses must maintain a neutral position on what is happening. However, in my case, the attesting witnesses did their best to facilitate the search – they pointed to some details that, in their opinion, the drug control officers might not have noticed. Also, during the search, the attesting witnesses, together with the officers, repeatedly went out to smoke in the entrance, and later in the department behaved as if they had known these people for a long time. In the same office, they cut off my nails, took my fingerprints and photographed me. Further, I was repeatedly asked to repent of my crime with the expectation of a minimum punishment, although there was no charge and the initiation of a criminal case yet. The impression was that I was found guilty ahead of schedule. I ask you to comment on the actions and behavior of employees.

The lawyer Irina Vladimirovna Khrunova answers:

Marina, hello.

As you rightly noted, a search and an inspection are completely different things. According to the Code of Criminal Procedure of the Russian Federation, a search in a home is carried out by order of a court, and at the same time, consent to a search is not required from those living in this home. An inspection is a completely different matter. According to Art. 177 of the Code of Criminal Procedure of the Russian Federation, an inspection of a dwelling is carried out only with the consent of the persons living in it or on the basis of a court decision. If the persons living in the dwelling object to the inspection, the investigator shall file a petition before the court for the inspection in accordance with Article 165 of this Code..

This is how the judicial practice develops that, as a rule, before the examination, the police officers take a receipt from the person living in the dwelling that the person agrees to the examination. This is done in order to comply with the law and to protect yourself in the event that later complaints are written that they invaded the apartment without permission. In this case, the police will be able to prove their innocence only with an existing receipt..

If you agreed to conduct an inspection, and let the police officers into your home, then they have the right to withdraw during the inspection those items that, in their opinion, may be related to the criminal case.

In Art. 182 of the Criminal Procedure Code of the Russian Federation on your question literally the following is indicated. Prior to the start of the search, the investigator presents a court decision authorizing its execution. As you can see, it literally says “presents”, there is no obligation to give a copy, therefore some investigators use this, justifying their actions by the fact that this is not directly stated in the law. As for the refusal to provide you with a copy of the confiscation protocol, this is a direct violation of the law – a copy of the protocol is handed over to the person in whose premises the search was carried out, or to an adult member of his family (Article 182 of the Criminal Procedure Code of the Russian Federation). Without a copy of the protocol, you will not be able to prove that money, other things, as well as their amount were seized from you. My advice – before it’s too late, you need to write a complaint to the prosecutor’s office about a direct violation of the law.

In addition, the search is already being carried out within the framework of the initiated criminal case. This criminal case may not necessarily be against you personally. And, accordingly, this court ruling is necessarily in the criminal case. Leave the application in a substitute form with a request to provide you with a copy of the search warrant, such an application is submitted to the body that conducted the search. If from the decision you remember the name of the investigator or the name of the court, then you can apply to them directly with the application.

The law does not specify the exact period after the signing of a search warrant it can be carried out.

You have rightly noted that the position of the witnesses must be absolutely neutral. This is often not the case in practice. In such cases, I advise the following – in the protocol of the search (inspection), always reflect the behavior of the attesting witnesses, write that they are closely acquainted with the police officers, communicate closely, and negotiate on personal topics. If the attesting witness participates in the search not as a neutral person, but actually conducts the search himself, pointing to some objects, then such behavior of the attesting witness must be recorded in the protocol.

And the last thing. Don’t expect information from police officers. A criminal case is being investigated somewhere. You need to find it, familiarize yourself with the documents that you can get acquainted with right now, and protect yourself.

06/05/2010.

question number 2235

Sergey asks:

Please answer the question. If a narcologist, providing assistance to a patient at home, writing out a prescription for a potent drug, purchased it himself and treated the patient (drunken state), adequate assistance was provided, but an outpatient card was not started. How such actions will be interpreted according to the law

Answers the head of the paragraph:

Hello. Criminal liability under part four of Article 234 of the Criminal Code of the Russian Federation arises depending on the consequences of violations of the rules for the appointment and prescription of potent substances. If the violation did not entail, by negligence, their theft or other significant harm, there is no corpus delicti in the doctor’s actions. Possible disciplinary liability.

06/03/2010.

question number 2198

Katerina asks:

[a question was asked about the advisability of preparing an open appeal to the President of the Russian Federation and other officials on the cases of those convicted of illegal trafficking in potent substances, if the relevant acts were committed before January 24, 2008; no question]

Answers the head of the paragraph:

Hello.

Probably, I did not quite accurately put it in the previous letter (sent by e-mail), tk. considered it useful to be treated by the relatives of the accused and convicted under Article 234 of the Criminal Code in general, and not only those who were convicted under the PKKN lists that were used before the government lists of potent and poisonous substances appeared.

The appeal prepared by you on behalf of several relatives of those convicted under Article 234 for actions committed before the entry into force of the Decree of the Government of the Russian Federation of December 29, 2007 No. 964 is limited to one of the problems associated with this article. The problem is intractable after the Constitutional Court of the Russian Federation, by its Decision No. 79-О-О of February 7, 2008, retroactively legalized the PKKN lists, which is legal nonsense. There is nowhere to appeal this Definition. I wrote to you about this in detail in the answer published on the site (No. 1810).

The decision of the Constitutional Court, in my opinion, is not only illegal, but also cynical. Take, for example, the discussion about the PKKN lists as an easily supplemented and corrected document. According to the Constitutional Court, this is necessary to prevent discrimination against persons who use substances that are not included in the lists of prohibited. “Indeed, it is unfair,” argues the Constitutional Court. “Some are in prison, while others are at large. To prevent discrimination, everyone must be in prison.”.

For the clues available to us to insist on the legal soundness of our position, see the same answer. The judgments expressed there, I continue to consider correct. But they are not beneficial to drug control or the court. The answer to our arguments about the absence of an official publication of the Constitutional Court Definition and the inadmissibility of giving it retroactive effect will be a reference to the fact that the decision of the Constitutional Court is final and not subject to appeal.

Overcoming the cop position is not easy.

There is no need to give up the idea of ​​an open appeal prepared by you. But due to the above circumstances, it makes no sense to raise it like a banner. Legal balancing act scares off journalists. And if anyone undertakes to write or say anything about this, they will misinterpret.

What I have called “clues” will be perceived in public space as “a drowning man grasps at a straw.” If we are to put forward demands, then probably partially set out in the appeal of Lyudmila Alekseeva and Lev Ponomarev to the director of the Federal Drug Control Service Ivanov (see in the “Site News” section for a link to the document posted on the website on April 28 of this year). Namely, display an article 234 of the Criminal Code from the jurisdiction of the drug control authorities. This is a compromise minimum, or the first step. The goal is to exclude article 234 from the Criminal Code..

The collective appeal, the draft of which you sent, needs to be finalized and directed. Only to whom? The President has no right to interfere in legal proceedings. Waste of time. It seems that the addressee may be the Prosecutor General of the Russian Federation, who should be asked to bring to the supervisory instance the supervisory submission for sentences and rulings in those cases that will be discussed in the appeal. Although the prosecutor represents the prosecution in the process, he also supervises the observance of human rights and has the right to make a presentation in defense of the convicted.

In the case of an appeal to the Prosecutor General in the general text, it is appropriate to briefly describe the essence of the case of each of the convicts, for how long he was sentenced, by what court, for what, what instances were passed.

An open appeal in several cases will not, of course, be regarded as a procedural document. So, simultaneously with the general letter (literally – in one package), it is necessary to send sets of documents for each convict separately (an appeal to the Prosecutor General, the text of the supervisory complaint to the instance that was not passed, copies of the verdict, the cassation ruling and subsequent court decisions). Most likely, none of the cases you are writing about has had a supervisory review by the first (regional) supervisory authority. Therefore, the Prosecutor General should be asked to instruct the prosecutor of the corresponding constituent entity of the Russian Federation (in your case, the Moscow prosecutor) to request a criminal case against such a convicted person and submit a submission to the presidium of the first supervisory instance. An open appeal to the Prosecutor General can be from the wife, bride, mother, sister. But supervisory complaints – from the convicts themselves, their defenders, or from other persons on the basis of a duly executed power of attorney.

So advice: do not contact the President, but the Attorney General.

Work with the text, there are a lot of absurdities in it. For example, the Constitution is not an “organ”. There is no need for harshness (“illegal actions of the judicial authorities”, etc.). Well, with the Constitutional Court: there is no need to pretend that the Definition of February 7, 2008 does not exist. The definition must be named and shown that it is inapplicable in this particular case.

The categorical assessment of sentences under Article 234 of the Criminal Code as unjust after the appearance of the Constitutional Court Definition is inappropriate. Those. all this can be written (but softer!) only after it has been stated why this Definition cannot be applied to actions that took place not even before December 29, 2007 (the date of the adoption of the Government Decree on potent and poisonous lists), or rather – until January 24, 2008, when the Government Resolution entered into force.

Send me to see what will be written in the end, I will try to answer more quickly.

Yours faithfully,

Lev Levinson

05/05/2010.

question number 2176

Yuri asks:

Hello. Please clarify the situation with 1.4butanediol, which is a raw material for the manufacture of gamma-butyrolactone in industry. Is there any limitation in its turnover? Is free acquisition possible. storage. sale?

Admin replies:

Hello. No specific control measures have been established for butanediol. See question / answer # 559.

Gammabutyrolactone is a potent substance, as it is included in the List of Potent Substances, approved by the Decree of the Government of the Russian Federation of December 29, 2007 No. 964. The manufacture, processing, acquisition, storage, transportation or shipment for the purpose of marketing, as well as the illegal sale of potent substances is criminally punishable (Article 234 of the Criminal Code of the Russian Federation).

04/19/2010.

question number 2174

Slava asks:

Hello! For about six months I was buying anabolic steroids for my friends through the online store! Through one friend of mine, the employees of the state drug control made 3 test purchases from me and detained me! I fully supported them and told them everything: how I bought it, where I kept it! (small amount) I was advised to take a special order because I really regret the perfect, but I did not know that they cannot be traded, I found out only about a month ago! What should I do, is it possible to do without criminal liability in the form of imprisonment if I take a special order? I have not tried before, the characteristics are excellent! Thank you in advance!

Answers the head of the paragraph:

Hello. If the amount of anabolic steroids is small, not only in the household, but also in the legal sense, i.e. You are charged with part one of Article 234 of the Criminal Code of the Russian Federation, the likelihood of a sentence of imprisonment is close to zero. The sanction of the first part of Article 234 contains a wide range of punishments from a fine to imprisonment for up to three years. If the second or third part, then the danger of being behind bars increases. But even if the size is recognized as large (part three of Article 234), imprisonment is not always imposed.

Whatever part may be, it is advisable to attend to not only positive characteristics, but also petitions addressed to the court from respected people. In their petitions, they give you a positive assessment, characterize the case with anabolic steroids as a misunderstanding and vouch for your law-abiding behavior. If they appear in court as witnesses, they have the right to testify, and the court is obliged to interrogate them (part four of Article 271 of the CCP RF). Although, in essence, a criminal case is not investigated in a special order by the court, personal data must be investigated (including at the initiative of the accused and / or his defense lawyer), since the circumstances characterizing the personality of the accused, in accordance with Article 73 of the Code of Criminal Procedure of the Russian Federation, are subject to proof.

04/16/2010.

question number 2163

Elena asks:

Hello. It’s good that there is such a site, a lot of useful information! I sold a Chinese-made dietary supplement containing sibutramine (I did not know about it). I ask you to answer the question whether the employees of the Federal Drug Control Service or the prosecutor are obliged to issue a warning in this case and what law (instruction, order) is provided for?

The lawyer Vasily Alexandrovich Ocheret answers:

Dear Elena!

Sibutramine, as well as its structural analogs, are included in the list of potent and toxic substances for the purposes of Article 234 and other articles of the Criminal Code of the Russian Federation, as well as large amounts of potent substances for the purposes of Article 234 of the Criminal Code of the Russian Federation “, which follows from the Decree of the Government of the Russian Federation from 12/29/2007 N 964.

Article 44 of the Criminal Code of the Russian Federation indicates all types of punishments, but prevention as a type of punishment in criminal law is not provided..

In the case you describe, for the sale of sibutramine, criminal liability is provided for, determined under Art. 234 of the Criminal Code of the Russian Federation.

Best regards, Vasily Ocheret

Answers the head of the paragraph:

The lawyer Vasily Ocheret is absolutely right. But I would like to point out the following points, which are relevant if a criminal case has been initiated against you regarding the sale of sibutramine.

1. Was there an indication in Russian on the package, or in the instructions, or in the accompanying documents to the dietary supplement that the drug contains sibutramine??

If there was no such information, there is no fault of yours in selling dietary supplements: “A person is subject to criminal liability only for those socially dangerous actions (inaction) and socially dangerous consequences in relation to which his guilt has been established. Objective imputation, that is, criminal liability for innocent infliction of harm, is not allowed ”(Article 5 of the Criminal Code of the Russian Federation). It is necessary to file a petition to discontinue the case in accordance with paragraph 2 of part one of Article 24 of the Code of Criminal Procedure of the Russian Federation due to the absence of corpus delicti in the act.

2. How many dietary supplements have been sold? If one or two packages, then in this case it is necessary to file a petition to dismiss the case on the basis of part two of Article 14 of the Criminal Code of the Russian Federation: “2. An action (inaction) is not a crime, although formally it contains signs of any action provided for by this Code, but due to its insignificance, it does not pose a public danger. ” Sibutramine is not heroin.

In all fairness, it is generally not clear why drug control is doing this. Even if sibutramine is a potent drug, it does not have a specific psychoactive effect, its use does not lead to drug addiction, drug addicts do not use it.

10.04.2010.

question number 2085

Sergey asks:

Dear, help with a competent lawyer in Cherepovets, Vologda region.

I am a director of a pharmacy, a license without PKKN, a test purchase on 12.01.10 for lindax at one point and withdrawal, and the second immediately withdrawal. Taking the seller to the department, pressing for 3 hours. Something will be sewn.

Sergei.

Answers the head of the paragraph:

Hello.

Unfortunately, there are no contacts in Cherepovets and in the Vologda region in general. There are lawyers whom we can recommend in Nizhny and Kazan, also in Syktyvkar, St. Petersburg. If you do not find closer, write, we will send the coordinates.

On the merits of the situation, I draw your attention to the letter of the Ministry of Health and Social Development dated January 23, 2009 No. 25-1 / 10 / 2-300, according to which “in order to carry out the circulation of drugs classified as potent and poisonous substances, pharmacies and drug wholesalers need have a license for pharmaceutical activities, in terms of retail or wholesale trade in medicines (regardless of the previously granted or not granted the right to work with potent and toxic substances on the lists of the Standing Committee on Drug Control). ” See also Letter of the Ministry of Health and Social Development of the Russian Federation of June 24, 2008 N 4406-РХ “On the implementation of the circulation of potent and poisonous drugs” (both documents on our website in the “Ministry of Health” section of the “Departmental” subsection of the “Legislation” section).

23.01.2010.

question number 2048

Artyom asks:

Hello! I have a difficult situation – I myself am an athlete, Master of Sports of Russia. I ordered anabolic steroids on the Internet, my friends and colleagues in sports asked me to buy for them. Several times I gave them these drugs. When I was driving home from the store, I was detained by employees of the State Tax Committee, and they confiscated everything that I bought myself from my house. During interrogation with their lawyer, I said that I helped to buy, not sell – witnesses (those to whom I gave) can confirm this. I am charged with Article 234, part 3, I took part in operational investigative measures (I took the ordered drugs). Can a business be qualified not as a sale but as an acquisition? If the witnesses withdraw their testimony (they were intimidated), can the case be dropped?

Answers the head of the paragraph:

Hello. I’m sorry to be late with the reply.

Your letter is another illustration of how the Federal Drug Control Service is doing something other than its own business. Formally, they act according to the law, since anabolic steroids are recognized as potent substances, i.e. for their sale, criminal liability was established under Article 234 of the Criminal Code. In fact, this problem is drawn to the activities of the Federal Drug Control Service for the ears: anabolic steroids, as well as sibutramine drugs are not psychoactive substances. Their use does not cause specific states of addiction. Still, the FSKN should not duplicate Roszdravnadzor and Rospotrebnadzor. This is a general replica – for site readers.

To the question, I can only answer that the line of conduct you have chosen is correct. By proving that you were not engaged in sales, but in assistance in the acquisition, you will get rid of criminal prosecution.

Reference should be made to the practice of the Supreme Court of the Russian Federation on anti-drug articles of the Criminal Code (see Determination of the Judicial Collegium for Criminal Cases of the RF Armed Forces of April 10, 2007 in the Lyzhin case, Resolution of the Presidium of the RF Armed Forces of August 1, 2001 in the Garanov case).

04.12.2009.

question number 2039

Elena V asks:

Hello! I am a pharmacist. The dummy ordered the drug “Lindax”. The package contains 15mg of sibutramine in one capsule. I sold one pack containing 30 capsules (total weight of sibutramine is 0.45g). I am presented with a large-scale sales. According to examination, one capsule is 0.24 g. Total weight is 6.96 g. That is, the examination took the total weight of the capsule with all the excipients. Can I request an independent examination? and where can it be done? Is it correct? I didn’t make it, I don’t have this drug on sale in a pharmacy. I ordered it at the convincing request of the buyer, not knowing the composition of the drug. What should I do?

Answers the head of the paragraph:

Hello. According to the Decree of the Government of the Russian Federation of December 29, 2007 No. 964, the size of the potent substance in the preparation is determined by the total weight, taking into account the excipients. So, formally, the official examination complies with the legislation..

What to do in this situation? I see several options that do not contradict one another, but should be lined up in a reasonable sequence.

1. From a rather simple plot of what happened, you outlined, it is clear that you had no intention of selling the potent drug “Lindax” just as a potent substance (ie for non-medical use). You ordered Lindax for a customer without inadvertently checking the form of dispensing of this medicine. You have ordered and sold one package. You did not have any personal benefit from this.

From what has been said it follows that you unknowingly violated the rules of legal circulation of a potent substance. Charging you with the sale of a potent substance is far-fetched and does not comply with the law.

Article 234 of the Criminal Code has the following structure: the first three parts provide for liability for illegal traffic in potent substances, i.e. actions related to their sale for use without a doctor’s prescription. Part four of the same article is devoted to violations of legal turnover: “Violation of the rules for the production, acquisition, storage, accounting, dispensing, transportation or shipment of potent or poisonous substances, if this entailed, by negligence, their theft or causing other significant harm” (title of article 234 “Illegal turnover … “should not be confused, since not the title is used, but the qualifying part of the article; such inconsistencies are found in many articles of the Criminal Code).

You violated the vacation rules, but, thank God, this did not cause significant harm. Consequently, the criminal case must be terminated on a rehabilitating basis: due to the absence of corpus delicti.

You should act here depending on the stage. in which the case is located. If the case has not been submitted to the court, apply to the head of the investigation department in charge of the case, then to the territorial prosecutor. If the case is in court – also contact the regional or regional prosecutor and ask him to recommend to the public prosecutor supporting the prosecution in court to drop it on the above grounds. If the prosecutor refuses to satisfy such a request, this position should be declared before the court, right down to the last word, insisting on an acquittal.

2. It is obvious that you have become a victim of a provocation prohibited by the Federal Law “On Operational Investigative Activities” (persons carrying out an operational intelligence activity are prohibited from “inciting, persuading, inducing, in direct or indirect form, to commit illegal actions (provocation)” (Article 5) If the previous petition is rejected, you can immediately submit a new one with detailed argumentation, proving that in this case you are not a criminal, but a victim of a provocation..

An appeal on this basis is appropriate to the prosecutor (before the case is brought to court). Also, during the trial, an acquittal should be requested with a private ruling by the court on the inadmissibility of the artificial creation of crimes by the employees of the law enforcement agency that organized this provocation..

3. Another reason for the termination of the criminal case against you is the second part of Article 14 of the Criminal Code, according to which “an action (inaction) is not a crime, although formally it contains signs of any act provided for by this Code, but due to its insignificance it does not represent a public danger. ” This argument can be used simultaneously with the one named in the previous paragraph.

4. Finally, if for any reason you find the above impossible (I do not know all the circumstances of the case) or the officials and bodies to which you apply will refuse to terminate the case and will, contrary to justice and common sense, insist that you should be punished under part three of Article 234 of the Criminal Code, the following should be borne in mind.

The act imputed to you in any case qualifies as an unfinished crime under part three of Article 30 of the Criminal Code, since a potent substance was seized during a test purchase:! In cases where the transfer of a narcotic drug, psychotropic substance or their analogues is carried out during a test purchase carried out representatives of law enforcement agencies in accordance with Federal Law of August 12, 1995 N 144-FZ (as amended by Federal Law of December 2, 2005 N 150-FZ) “On Operational Investigative Activities”, the deed should be qualified in accordance with Part 3 of Article 30 and the corresponding parts of article 228.1 of the Criminal Code of the Russian Federation, since in these cases the withdrawal of a narcotic drug or psychotropic substance from illegal circulation “(Resolution of the Plenum of the Supreme Court of the Russian Federation of June 15, 2006 No. 14). By analogy, this principle should be applied to the procurement of potent substances.

5. Suppose that in spite of all the above, the case will go towards conviction. Or, let’s put it this way: the defendant and the defense lawyer in court hearings have the right to assume that their arguments will not meet with understanding from the court. In this case, the attention of the court should be drawn to the unusually wide range of sanctions under part three of Article 234 of the Criminal Code: from a fine of 2,500 rubles to 8 years in prison. Even if we consider the violation of the vacation rules an attempt to sell, due to public danger and justice, such, if one may say so, a crime cannot entail more than the minimum punishment, i.e. 2500 RUB Or, if the judge does not dare to issue an acquittal to an innocent person, and he, like a day laborer with the prosecutor’s office and the investigation, can only issue an indictment (see question No. 1695), the court must be asked not to impose a sentence in accordance with Article 308 of the CCP.

November 24, 2009.

question number 2023

Lana D asks:

Hello! The matter does not require delay. In early October, my sister ordered LIDA slimming preparations! I asked her to order 3-4 packs for me, so that for myself and some friends. I, out of my stupidity, naivety, posted an advertisement on the Internet for the sale of these pills. On November 9, I took the pills from my sister (8 packs). On the same day, I sold 3 packs. The next day, 2 more people were supposed to come to my place, which later turned out to be control purchases, the first one came from him was a hidden camera where you could see my face and our conversation. And the second woman is also a test purchase. after which the drug control rushed into the apartment (I don’t know how to call them correctly), they made a body search, seized the money, saw one free pack of Lida and the second was thrown into the trash can empty, I threw the pills themselves into the garbage in the morning. They took me under the interrogation, I told everything as it is. I am accused under Article 234, part 3. Lida tabletcases contain sibutramine. About what exactly this

I did not know the drug contained. after all, on all sites and on the packaging itself, the composition was different. I am a 4th year student, I have not been involved in the registration before. We hired a lawyer and asked for 30 thousand. do you need a lawyer in this position? or it will be enough free, how to do it and what to present so that I get a fine, maybe you know from practice which people are fined in such cases. I don’t officially work anywhere. but I can get a job, if it makes sense to get a job, and will it help me in getting a fine, since I know what is possible if I work I can be fined. What to do with my sister, what to tell her during interrogation, so that it is not a group of people. And how to be in general. I would very much like to receive competent and quick advice. can you contact me by phone?

Answers the head of the paragraph:

Hello. Punishment under part three of Article 234 of the Criminal Code is possible in the range from a fine of 2500 rubles. until imprisonment for 8 years. Other options are not excluded: termination of the criminal case, acquittal.

There are two options for behavior:

1) Agree with the accusation and petition in accordance with Article 314 of the Code of Criminal Procedure of the Russian Federation to consider the case in a special order, without examining the evidence and with a further ban on appealing the sentence on the merits. Taking into account your age, no criminal record and that there were no serious consequences from the actions imputed to you, there are chances to avoid real imprisonment. But – this is a serious crime. So, I will not undertake to guarantee that under a special procedure for the proceedings, the punishment will be necessarily conditional or limited to a fine..

If you are leaning towards a special order, present all possible positive characteristics to the investigator and the court, and document all the data on the state of health of yours and close relatives (if there are problems). Not only characteristics are important, but also petitions from the place of work, study, residence with a request not to apply real imprisonment to you (this can be one document – a characteristic, the text of which ends with a petition, there can be two separate documents). It is even better if the intercessors appear in court and act as witnesses with testimony about the circumstances that characterize you from the good side. Characteristics of a person are the same subject of proof as guilt and the event of a crime. According to Article 271 of the Criminal Procedure Code of the Russian Federation, witnesses who appear in court on the initiative of the parties (meaning one of the parties) must be questioned in any case.

2) The second option is not to plead guilty, since you did not have the intent to sell potent substances. Information on the presence of prohibited substances in the free circulation (in this case, sibutramine, included in the list of potent drugs) was not provided to consumers either on the packaging or in the instructions (insert). Ignorance of the law does not exempt one from responsibility, it is so (the law in this and many other cases should be understood in the sense of “legislation”, ie laws and regulations adopted in accordance with them). Sibutramine is included in the List of Potent Substances approved by the Decree of the Government of the Russian Federation. Having decided to sell a biologically active drug, you should have known that sibutramine is not subject to free distribution. You knew this, and you checked it using the only source available to you: read the instructions. The law does not contain the obligation to independently conduct an examination of each dietary supplement by a citizen who wants to sell it for any reason.

This option seems to me to be more correct, but in order to make sure that such a decision is correct, you need to answer (to yourself, first of all) whether there are circumstances due to which the 2nd option will not lead to the desired result .

So, I beg your pardon, but even your appeal to our consultation point contains some difficult to explain contradictions. You write that you asked your sister to order 3 – 4 packs for you: for yourself and some friends. But then it turns out that the drug was intended for sale, twice as many packs were taken from the sister, etc. It is also unclear why it was necessary to throw the pills in the trash, and the packaging in the bin. And if for some reason you threw away the pills in the morning, why did you take part of them for sale?.

11/13/2009.

question number 1996

M .: Kolyan asks:

I take some steroids, and I wonder if the drug test will reveal that I use them, and what will happen to me if the drug test does reveal???

Answers the head of the paragraph:

Hello. The use of potent substances (to which some anabolic steroids are classified), as well as their acquisition and storage without the purpose of sale does not entail either administrative or criminal liability.

06.11.2009.

question no. 1984

Anna asks:

I work as a doctor, a few months ago my colleague, who works as an ambulance paramedic, approached me – he goes in for sports to prescribe a drug from the group of anabolic steroids. I gave him three clean prescriptions with my signature and seal, on which he subsequently added the drugs he needed -omadren in large numbers. Now they are being tested from drug control. What possible methods of punishment can be applied to me .

Answers the head of the paragraph:

Hello. In my opinion, the situation is as follows.

Only first, you need to make a reservation that even after the appearance of the List of Potent Substances, approved by the Decree of the Government of the Russian Federation of December 29, 2007 No. 964, Article 234 of the Criminal Code of the Russian Federation, which provides for liability for illegal actions with potent and toxic substances, remains in the legal sense uncertain and does not correspond Constitution of the Russian Federation. This argument is unlikely to work in a Russian court, but it is useful in case of filing a complaint with the Constitutional Court of the Russian Federation on the issue of compliance with the Constitution of Article 234 of the Criminal Code, and, under certain conditions, with the European Court of Human Rights..

The inconsistency of Article 234 of the Criminal Code with the Constitution is as follows.

According to article 55 of the Constitution of the Russian Federation, human rights can be limited for constitutionally significant purposes only by federal law. With regard to drugs, there is such a law, it gives a definition of what narcotic drugs and psychotropic substances are. There is such a law, for example, on weapons. It is not so with potent and poisonous substances: there is criminal liability for violations associated with them. There are Lists approved by the Government on the basis of a note to Article 234 of the Criminal Code. But on the basis of what legislatively established criteria are these Lists drawn up by the Government? There are none. The government, on the other hand, is an executive body, not a legislative body, and is now endowed with the right to include any substance in the List of Potent and Poisonous Substances..

Now to the point of your question.

The drug omnadren as an active substance contains the hormone testosterone, which is a mixture of various esters. One of the isomers of testosterone, 1-Testosterone, is included in the List of Potent Substances approved by the aforementioned Decree of the Government of the Russian Federation No. 964. According to the notes to this List, all isomers of the substances listed in the list are also included in the List of Potent Substances in all cases where the existence of such isomers is possible. Thus, omnadren is currently considered a potent substance..

Criminally punishable under Article 234 of the Criminal Code of the Russian Federation is “illegal manufacture, processing, acquisition, storage, transportation or shipment for the purpose of marketing, as well as illegal sale of potent or poisonous substances that are not narcotic drugs or psychotropic substances, or equipment for their manufacture or processing” … Acquisition of potent substances, as well as complicity in their acquisition does not constitute either a criminal offense or an administrative offense.

In your case, the fourth part of Article 234 of the Criminal Code, which punishes for violations of the rules of legal circulation, namely for violation of the rules for the production, acquisition, storage, accounting, dispensing, transportation or shipment of potent or poisonous substances, if this entailed, by negligence, their theft or infliction other significant harm.

The first part of Article 327 of the Criminal Code remains: “forging a certificate or other official document granting rights or releasing from obligations, for the purpose of using it, or selling such a document, as well as making for the same purposes or selling counterfeit state awards of the Russian Federation, RSFSR, USSR, stamps, seals, forms “. Let’s say a prescription for a potent substance gives rise to the right to purchase it. But is it correct to say that the recipe was forged by you? No, the recipes were authentic, because they were signed and stamped. Thus, Article 237 is also inapplicable. It should also be borne in mind that the investigation of crimes under Article 327 of the Criminal Code is not attributed to the competence of drug control.

Thus, in your case, we can only talk about disciplinary responsibility..

31.10.2009.

No. 1956

Anton asks:

Hello. I have a very important and urgent question. The other day my friend and I bought anabolic steroids. Subsequently, he agreed with someone (I did not participate in this) on the sale. I met with a man and sold him steroids. He went to the meeting alone. I was waiting for him near the subway. After he met and sold, we began to go down the subway. At that moment, the two of us were detained by drug control officers. Me and my friend were handcuffed and taken to the drug control station. There I was offered to hand over the prohibited items with me. I gave them purchased steroids (large size!). I was in custody all the time in the drug control. After a while, they wore handcuffs on me again, and they took me to the honey. examination where it was confirmed that there are no prohibited substances in my kravi. From there I was also taken back to drug control in handcuffs and under guard. Approximately 15-18 hours later I was interrogated by the investigator, where I told that I knew that my friend had met a man to sell steroids. I also said that I purchased my steroids (large size!) For myself and that at the time of my arrest I did not use them and did not intend to sell them. I was charged under Article 234, Part 3, and about 20 hours later I was released on recognizance not to leave. FSKN operatives offered me to cooperate with them to improve my situation.

Tell me how serious the situation is and what hates me for doing something. Also, if there is an opportunity, give advice on my case.

Thank you.

Answers the head of the paragraph:

Hello. “Scissors” punishments under the third part of Article 234 of the Criminal Code are very broad: from a fine of 2500 rubles. until imprisonment for 8 years. The court has plenty to choose from.

I have no right to advise you to refuse to cooperate with drug control. They have the right to offer this to you (Article 17 of the Federal Law “On Operational-Investigative Activities”), and it is up to you to decide. What is this help, you guess.

It is better to agree with the accusation and petition in accordance with Article 314 of the Code of Criminal Procedure of the Russian Federation to consider the case in a special order, without examining the evidence and with a further ban on appealing the sentence on the merits.

If you are inclined to such a choice, present to the investigator and the court all possible positive characteristics, and document all data on the state of health, marital status, and the health of close relatives. Not only the characteristics are important, but also petitions from the place of work, study, residence with a request not to apply real imprisonment to you. It is even better if the intercessors appear in court and act as witnesses with testimony about the circumstances that characterize the personality of the accused. The characteristic of the person is the same subject of proof as the guilt of a person, and the event of a crime.

It cannot be guaranteed that in the case of a special procedure, the punishment will be necessarily conditional or limited to a fine. But the chance of such an outcome increases.

Your right to behave in the opposite way: not to admit guilt. As far as you can see from your presentation, you did not take any direct part in the sale of anabolic steroids, you purchased them for yourself. But in this case, confirmation of your use of anabolic steroids is desirable..

If the interrogation was carried out without the participation of a defense attorney (even a lawyer on duty), your testimony, if you do not confirm it in court, will be deemed inadmissible evidence. However, investigators usually provide the signature of a lawyer whom you may not have noticed during interrogation..

07.10.2009.

No. 1939

Semyon Z. asks:

previous # 1906

more about Reduxin: The data you used on the Internet http://www.rlsnet.ru/tn_index_id_35856.htm are outdated, 904.2009. Reduksin is pre-registered, in the attached files copies of the certificate and instructions for use

Look, and please answer whether We have convinced you that Reduxin is a combined drug, and whether these documents are enough to protect?

Thanks for the answer

Answers the head of the paragraph:

Hello. Thanks for the information. Judging by the copies of documents provided by you, reduxin is a combined preparation. I believe that in order to reinforce your position, it is advisable to obtain the official opinion of a specialist in the field of pharmaceuticals, to apply for the attachment of this document to the case file. It is best if a specialist pharmacist comes to court. The court does not have the right to refuse to satisfy the request for the interrogation of a person in court as a witness or a specialist who appeared in court on the initiative of the parties (part four of Article 271 of the Code of Criminal Procedure).

02.10.2009.

No. 1906

Semyon Z. asks:

Good day! In May 2009. Employees of the Federal Drug Control Service made an order through a figurehead In a pharmacy with home delivery of the drug “Reduxin”, on this fact a criminal case was opened under Article 234, part 3 Suspects: The founder, director, pharmacist (who accepted the order) and the courier were detained for 48 hours

The investigation incriminates the creation of an organized crime group.

The investigation ignores all our arguments and documentation that the drug “Reduxin” is combined and is not suitable for the purposes of Article 234

Advise how to defend yourself correctly, Which authorities to apply to, if possible, recommend a lawyer

thanks for the answer.

Answers the head of the paragraph:

Hello. In this case, drug control is formally right. The List of Potent Substances for the Purposes of Article 234 and other Articles of the Criminal Code of the Russian Federation, approved by Decree of the Government of the Russian Federation of December 29, 2007 N 964, includes sibutramine, as well as its structural analogs with similar psychoactive effects. According to the note to the List, all dosage forms, no matter what brand (trade) names they are designated, which include the substances listed in this list in combination with pharmacological inactive components, are also included in the specified List.

Reduxin, like meridia, is not a combined agent. The composition of this medication: active substance – sibutramine hydrochloride monohydrate, excipients – MCC, calcium stearate (see http://www.rlsnet.ru/tn_index_id_35856.htm).

Any drugs containing sibutramine and its analogues as the only pharmacological active substance are potent substances with all the ensuing consequences. Consequently, employees of an online pharmacy selling reduxin without a prescription in the established form may be held liable under Article 234 of the Criminal Code of the Russian Federation.

However, I am convinced that the act imputed to you and your colleagues does not provide sufficient grounds for criminal prosecution. Anyone who understands what drug is in question will agree that it does not pose any particular or any public danger. It is difficult to understand why drug control is engaged in a drug that is absolutely indifferent to drug addicts and substance abusers (I repeat: formally, a criminal case under Article 234 was instituted legally).

Let’s take another article of the Criminal Code – for example, 245 (“Cruelty to animals”). Bullying cats, dogs, camels, etc. fully deserve criminal punishment. But although a mouse or a rat also suffers greatly, falling into a mousetrap, it is unlikely that anyone would think of opening a criminal case against the owner of the murder of the mouse..

Most likely, reduksin has side effects. But almost all drugs have side effects. Not every violation of (ever-changing) rules should be considered a crime.

According to article 14 of the Criminal Code, recognition of an act as a crime is possible if two conditions are met. Firstly, this act must pose a public danger, and secondly, it must be provided for by the Criminal Code. Your case answers only the second criterion. The first condition is not met, therefore, in the current situation, the second part of the same article should be applied: “.

I would also like to draw your attention to the opinion of the recently deceased Academician E.A. Babayan, Chairman of the Standing Committee on Drug Control, a leading pharmacologist: “Sibutramine in the form of the drug Meridia in 2000 was tested and officially registered in Russia as a drug used for obesity (increase in body weight.) Over the past years, the drug Meridia has been successfully used in medical practice, has proven itself as an effective and safe anorexigenic agent without pronounced symptoms of psychological and physical dependence.Meridia is a prescription drug and is used under the supervision of a doctor who has experience in treating obese patients Sibutramine does not belong to the substances that are included in the lists controlled under the relevant international conventions and UN Protocols, primarily the 1961 Single Convention on Narcotic Drugs, the 1971 Convention on Psychotropic Substances and the UN Convention against Illicit Drugs. the turnover of narcotic drugs and psychotropic substances in 1988. During a clinical and experimental study, the drug Meridia did not reveal the potential for abuse. Unlike other drugs such as fenfluramine, phentermine and amphetamine, meridia does not cause addiction, addiction.

The mechanism of action of Sibutramine differs from other amphetamine-like drugs, which has been proven in experiments on animals, including primates. Sibutramine possesses the properties of antidepressants, monoamine reuptake inhibitors, it is devoid of the ability to induce the psychostimulating effect characteristic of addictive substances. The drug is used in 130 countries around the world. In Russia, over the 6-year period of its use, no facts of abuse have been identified, as evidenced by the responses to inquiries from health authorities in some large regions of the country. According to endocrinologists, the status of Meridia as a prescription drug sufficiently ensures the safety of the drug and excludes the possibility of hypothetical abuse. If the drug is included in the controlled lists, this will significantly limit the possibilities of treating obese patients (with diabetes, with cardiovascular disease, with the use of contraceptives, etc.).

In 2005, there were reports that large consignments of biologically active additives (dietary supplements) containing Sibutramine were illegally imported across the Chinese border. These dietary supplements began to spread uncontrollably throughout Russia, to use them uncontrollably and without medical supervision. Therefore, in March 2006, at the meeting of the PKKN, a preventive decision was made to include Sibutramine (only substances) and all food supplements (BAA) containing sibutramine in the Lists of Potent Substances. At the same time, the drug Meridia, and later Reduxin, are not included in the Lists of potent substances “.

Thus, the only violation committed by the pharmacy – the sale of reduxin without a prescription – entails only administrative liability under article 14.2 of the Administrative Code (illegal sale of goods, the free sale of which is prohibited or limited).

As for your request to recommend a lawyer, you need to inform the region in which you live (in any way: either through the consultation window, or by e-mail). Unfortunately, we cannot promise (we have contacts of lawyers in less than half of the regions). We have the right to suggest only conscientious and knowledgeable defenders. Advertising links sent to us for attorney services, without knowing these attorneys, we do not post.

13.09.2009.

No. 1857

Asks Lyubov L .:

good day! entered into an official agreement with the wwwznahar.ru campaign has antitrust rights 16 years on the market paid for s / f through s / b received bad miao tiao on ems sold, on June 9 a call to my number drug control made an appointment at the supermarket submitted a piece of paper a list of potent sibutramine there lists and miao tiao sign familiarized recommend not to sell call the campaign. sibutramine 100% no they throw me an image of the examination for sibutramine I sell further to / W EXEMPTION CRIMINAL CASE the lawyer said agree to a special order you will not do anything WHAT ABOUT THE CAMPAIGN IN THEM ALL IN ORDER IN ANY REGION IS NOT DETECTED A supplier of goods only in my 15? ??? AND ME A TRIAL AND TRIAL AND WHO CAN HELP ME ???? RESPECT LOVE Liu

Answers the head of the paragraph:

Hello. Although it is not correct to criticize your lawyer, without knowing either her or the case in detail, I will nevertheless say: the so-called “special order” is the path of least resistance, in this case, it seems to me, inappropriate. It’s just that the defender has to work on the case, even from what you wrote, it is clear: there is a lot of work. And if you admit guilt and receive a conviction as a receipt, then the lawyer will receive a fee without swallowing dust – for the very fact of participating in the case.

Probably, a repeated examination of the seized drug or even the opinion of a specialist on the expert examination (to what extent it complies with the established rules) is required. … What kind of document was presented to you by the drug control officer, who issued it? Who carried out the examination of this dietary supplement sent to you from the supplier’s campaign? Is there the last document in the materials of the criminal case?

27.08.2009.

No. 1848

Katerina asks:

Irina Vladimirovna, hello.

I am sending you complaints E. (complaints are not posted on the site. – head of the paragraph). The difference from the positions of the lawyers was that O. did not recognize the legality of the action itself – the initiation of a criminal case and subsequent conviction under Article 234 of the Criminal Code as of September 2007, and the lawyers tried to prove that there was no imputed sale, agreeing that the substances prohibited.

Lawyer Irina V. Khrunova answers

Katerina, good afternoon.

I have studied in detail all the documents that you sent.

You got a very strange legal situation – the lawyers offered one defense option (correct), the defendant adhered to a different version (also correct).

1. Option for the defense of lawyers. Here I completely agree with the opinion of the defenders, who are indicated in their cassation complaints. According to Art. 234 of the Criminal Code of the Russian Federation, criminal liability arises for illegal production, processing, acquisition, storage, transportation or shipment for sale, as well as illegal sale of potent or poisonous substances that are not narcotic drugs and psychotropic substances, or equipment for their manufacture or processing. In other words, it is necessary to prove the sale, and this is a prerequisite for criminal liability. How is the sale proven in accordance with law and practice? According to the Resolution of the Plenum of the Supreme Court of the Russian Federation on June 15, 2006 N 14 “On judicial practice in cases of crimes related to narcotic drugs, psychotropic, potent and poisonous substances”, “The intention to sell these funds and substances may indicate if grounds for their acquisition, manufacturing, processing, storage, transportation by a person who does not use them himself, their quantity (volume), placement in packaging convenient for sale, or the presence of an appropriate agreement with consumers, etc. ” In this phrase from the Resolution I draw your attention to the following points. Firstly, it is not in vain that the text states that “they can testify,” this does not mean that they necessarily testify, everything is decided depending on the situation. And secondly, from that approximate list of grounds for the possible presence of intent, not all grounds fit into our criminal case, but only one – a large number of drugs. It should be understood that if a person who does not use drugs is found to have a large number of them, moreover, in prepackaged form, then only one explanation suggests itself to a reasonable person – the goal is to sell, and it is really very difficult to refute this in court. With a large amount of drugs in a person who has been using them for a long time, the situation is different, there is a plausible explanation for this – his own use. Therefore, it is necessary to dwell on this in the supervisory complaint – apart from a large amount of drugs (which is quite easily explained), the verdict does not indicate any other grounds that would also speak of sale. The defense side does not argue with the fact that some persons (T., K. and others) had an organized criminal group for the sale (distribution) of a potent substance or drugs, perhaps they were doing this. Our position is that O. was not a member of this very sales group, that he was a private acquirer outside the group. And on the contrary, there are testimonies and facts that would confirm the position of O. (drug control officers about what private purchasers, including him, were identified; also that the officers did not identify a single person to whom the defendant previously sold drugs or strong substances, or agreed to sell from a new batch). Thus, it is very important to reflect the lack of evidence in the criminal case on the intent of the defendant to sell a potent substance. Here, you can take the cassation complaints of lawyers as a basis.

2. Option to defend the defendant. This is also the correct version of protection, but weaker, which I will now try to explain. Yes, indeed, as of September 2007, there was no normative act in the Russian Federation relating ephedrine to potent substances. And the list of potent substances for the purposes of Article 234 of the Criminal Code of the Russian Federation was approved by Decree of the Government of the Russian Federation No. 964 of December 29, 2007, that is, after O. committed actions in September 2007, which the court and the investigation considered a crime. It is because of the absence of the List that it is impossible to attract under Art. 234 of the Criminal Code of the Russian Federation. I completely agree with all this, and this could be considered irrefutable proof, if not for one thing … By the decision of the Constitutional Court of February 7, 2008 No. 79-О-О, such a position was recognized as not correct, but, as you probably, You know, the Constitutional Court is the highest judicial body of the Russian Federation, and its decisions are binding on courts throughout the territory of the Russian Federation. And this definition states the following. “The absence in this article at the time the applicants filed complaints with the Constitutional Court of the Russian Federation of a definition of which substances are among the potent or poisonous and what properties they should have, as well as the absence of direct references to other regulatory legal acts, in accordance with which or another substance would be subject to classification as potent or poisonous, cannot, contrary to the opinion of the applicants, be regarded as evidence of the unacceptable uncertainty of Article 234 of the Criminal Code of the Russian Federation. Formulation in the criminal law of an exhaustive list of subjects of crime is possible and advisable provided this list remains stable in Given the rapid renewal of the types of potent substances, the variability of their chemical composition and the nature of the impact on the human body, bringing such a list directly into the Criminal Code of the Russian Federation could lead to that the manufacture, processing, acquisition, storage, transportation, shipment, as well as the sale of new potent substances that are not yet included in the corresponding list, but are equivalent in their properties to already known similar substances, would be unpunished, which would violate the principles of justice and equality of all before the law and the court … Decree of the Government of the Russian Federation of August 3, 1996 N 930 “On the approval of the nomenclature of narcotic drugs, potent and poisonous substances, which are subject to the procedure for import into the Russian Federation and export from the Russian Federation, approved by the Decree of the Government of the Russian Federation Federation of March 16, 1996 N 278, as well as quotas for the import (export) of narcotic drugs “(as amended on July 31, 1998 and August 18, 2007) approved in the established regulatory order a list (list) of potent substances, mandatory for use all law enforcement authorities … the formation, taking into account expert opinions (including in the form of lists of potent and toxic substances approved by the Standing Committee on Drug Control) regarding the properties of certain specific substances, the degree of their effect on the human body, the amount and other circumstances, the preliminary investigation bodies and the courts were obliged to be guided in the investigation and consideration of criminal cases related to criminal prosecution for illegal circulation of potent substances. ” This is the position of the Constitutional Court we have, and law enforcement officials (law enforcement agencies, courts and others) must reckon with it. That is why I believe that this basis is weaker than a sales challenge, but nevertheless it is worth using it in your defense..

Thus, if I were a defense attorney in this criminal case, then I would advise to go through all supervisory instances and there are grounds for filing a complaint with the European Court of Human Rights.

In my opinion, in one complaint (including a supervisory one) it was possible to simply combine both options. The law allows such an alternative to be adhered to in choosing a defense position. That is, the scheme of the complaint should be approximately as follows – “I do not believe that ephedrine as of … September 2007 was included in the list of potent substances, the free sale of which is prohibited in the Russian Federation, for such reasons … (list the reasons, that is, indicate the version of the defense of the defendant himself But even if the court considered that ephedrine is still a potent substance (with which I strongly disagree), then my actions still do not have corpus delicti under Article 234 of the Criminal Code of the Russian Federation, since the materials of the criminal case did not prove the sale in my actions, which is a necessary element of the onset of criminal liability (list the position of defense lawyers). ” I would advise you to do exactly this way when drawing up a supervisory complaint (this is to your last question “What else can be added to the supervisory complaint”). Such an alternative position is not prohibited by the Code of Criminal Procedure of the Russian Federation, it is very often used in practice, while O. does not agree with either the sale or the potent substance..

I would also soften the text of the supervisory complaint a little (the one you sent me in the last email), remove from it all phrases like “immoral”, “blatant”, etc. This is not accepted in the preparation of legal documents.

08/20/2009.

No. 1844

Alexander asks:

The customs office detained a wife who was transporting Andipal tablets, purchased without a prescription in a pharmacy, containing 0.02 g of phenobarbital. The total number of tablets is 50 pcs. (total mass of phenobarbital – 1 g.) Charged under 188 Art. CC Part 2. The tablets were bought for personal use, I did not know that they contain a potent substance. Is it lawful to initiate a criminal case?

Answers the head of the paragraph:

Hello.

Your doubts are justified: the criminal case was initiated unlawfully. According to the Decree of the Government of the Russian Federation of December 29, 2007 No. 964, only those dosage forms that include substances listed in the list of potent substances in combination with pharmacological inactive components are classified as potent substances.

Andipal is a combined drug, which, in addition to the potent substance – phenobarbital, contains pharmacologically active substances metamizole sodium, bendazole and papaverine, which are not classified as potent substances.

According to the letter of Roszdravnadzor dated January 24, 2008 N 01I-27/08, combined drugs containing potent substances in their composition and at the same time included in the list of drugs sold without a doctor’s prescription (Order of the Ministry of Health and Social Development of Russia dated 09.13.2005 N 578), as and earlier, sold to the population without a doctor’s prescription. “Andipal is included in the specified list without specifying the name (see the position in the” Combined drugs “section:” Bendazole + Metamizole sodium + Papaverine + Phenobarbital). Consequently, Andipal is indeed subject to over-the-counter leave, acquired legally.

The criminal case is subject to immediate termination.

19.08.2009.

No. 1839

Asks Lyubov L .:

good day! signed an official agreement with the campaign www.znahar.ru has antimonopoly rights 16 years in the market paid for s / f through s / b received bad miao tiao on ems sold, on June 9 a call to my number drug control made an appointment at the supermarket submitted a piece of paper a list of potent sibutramine there lists of bad and miao tiao sign familiarized recommend not to sell call the campaign. sibutramine 100% no they throw me an image of the examination for sibutramine I sell further to / W EXEMPTION CRIMINAL CASE the lawyer said agree to a special order you will not do anything WHAT ABOUT THE CAMPAIGN IN THEM ALL IN ORDER IN ANY REGION IS NOT DETECTED A supplier of goods only in my 15? ??? AND ME A JUDGMENT AND TRIAL AND WHO CAN HELP ME ????

Regards Love

Answers the head of the paragraph:

Hello. It is very bad that your lawyer is determined to follow the path of least resistance (with the consent of the accused to a special procedure, the role of the lawyer is reduced to receiving a fee).

In my opinion (very approximate, since I have no information on the case, except for what is contained in your question), this is exactly the case where there is a lot of work for the defense lawyer:

1) apply for an additional examination – narcological and pharmaceutical-pharmacological (even if the investigator does not satisfy the request, it is possible to submit expert opinions as opinions (or opinions) of specialists). It is advisable to ask a specialist in narcology about the following questions:

is sibutramine an addictive drug,

Are there any known cases of sibutramine abuse for drug intoxication?.

It is advisable to ask the experts pharmacologist and pharmacist about the following questions:

about the possibility of the appearance in the retail network of the same dietary supplement of the same manufacturer, but with a different composition (sibutramine is not found in the main part of the packages, but sibutramine is allegedly available in some packages),

about the percentage of sibutramine in Miao Tiao preparation,

on the use of this drug in other countries

2) submit to the investigation or directly to the court documents and materials confirming the legal circulation of the Miao Tiao dietary supplement in the territory of the Russian Federation (as of 2008 – 2009).

13.08.2009.

No. 1828

Unknown asks:

Hello, I really need your help. I am an intern psychiatrist. A friend of mine asked me to write a prescription for tramal or relanium, supposedly her friend needs to “overcook”. I refused her discharge and gave her an empty paid prescription with my seal through my partner. When she received it, I called her and found out that she had written out on it. It turned out “RELIUM” for a young man of 23 years old. Asked to return the recipe, she said “okay.” A few days later I asked for another recipe, since she was going to return the last recipe, I already wrote the prescription myself. At her request, like a fool flooded into the pharmacy, she said that she herself could not because she worked in the pharmacy and they knew her there. We drove up to the pharmacy with her, she gave me the marked money, bought it, went out, gave the medicine, the check, she did not take the change and then they tied me up. Court is coming soon. I am charged with Part 5 of Art. 33, Part 3 234, Part 2 of Art. 327

What kind of protection should I build? Thank you!

The lawyer Irina Vladimirovna Khrunova answers:

Hello.

Based on your letter, I can say the following – this is usually how the investigating authorities qualify crimes committed by doctors using fake prescriptions in relation to potent substances; and I think this qualification is correct.

If a doctor uses a prescription, then Art. 327 of the Criminal Code of the Russian Federation “Forgery, production or sale of forged documents, state awards, stamps, seals, letterheads”. According to criminal law and judicial practice, forgery of a document can be material or intellectual. Material forgery is a distortion of an original document, making various changes to it by erasing, adding, etching the text, pasting, correcting, replacing the text with another, forging a signature, seal imprint and in other ways. Intellectual forgery is expressed in the preparation of a document that is false in content, but true in form. I think that in your case we can speak of an intellectual forgery – you had the right to write out such a prescription, you had such authority, but you entered false information into it, since you did not see in your eye the person for whom the prescription was written.

As a rule, the suspect (accused, defendant) can choose one of the following options for his attitude to the charge brought against him – I admit my guilt in full, I admit my guilt in part, I do not admit my guilt. Only you decide which of the proposed methods will be your line of defense.

I think that now the investigating authorities have a large amount of evidence of your guilt – the second prescription written by your hand (a handwriting examination will be appointed, which will confirm that it was you who wrote it); testimony of a friend; the testimony of the person for whom the prescription was written (he of course will inform you that he has never been to your appointment); recording (video, audio or paper) of the action that they called the “test purchase”, the testimony of operational workers who carried out the operational measure and detained you. I also think that the first recipe will somehow appear in the materials of the criminal case. In addition, you did not write, but what evidence you give (immediately after the arrest, or a little later) and your partner, and this is important. If you have already given some testimony, then you cannot just take and refuse from them, in the framework of the criminal process, each testimony is of great procedural importance.

07.08.2009.

question number 1810

Ekaterina asks:

Hello dear consultants. I am writing to you in the case of K., convicted under Part 3 of Art. 234 of the Criminal Code. Today I was able to receive all the complaints sent to the Court of Cassation (including lawyers). I am sending you:

1) the reprinted complaint of the convicted K. and his remarks on the complaints of the lawyers;

2) a scanned addition of K. to his first complaint;

3) scanned complaints of lawyers.

4) a scanned cassation presentation of the state prosecutor

I decided to send you everything I have so that you can present the whole picture of what is happening. They called from the regional court, it turns out they have already scheduled a hearing for…. And the lawyer K. is going to appear at this meeting (the contract with him has not been officially terminated).

It is very important to know your opinion:

1) about complaints

2) whether K. can withdraw the lawyers’ complaints (K.’s lawyer said no)

2) what is more expedient for us to do now: break the contract with the lawyer, postpone the hearing and hire a new lawyer (if possible), or let everything go like this. Is it possible to do something else (besides the European Court) if the regional court makes a negative decision? texts of complaints are not published).

Answers the head of the paragraph:

Hello.

1. On the issue of exercising the right to refuse counsel.

The right of the accused (defendant) to refuse a defense lawyer is enshrined in Article 52 of the Criminal Procedure Code of the Russian Federation. However, the refusal declared by the accused must be accepted by the court, since the same article states that the refusal of a defense lawyer is not obligatory for the court.

At the same time, it is obvious that in any case, according to article 7 of the Criminal Procedure Code of the Russian Federation, all court decisions must be lawful, substantiated and motivated. Those. the position “refuse and that’s it” is unacceptable.

Explaining the correct application of these provisions, the Plenum of the Supreme Court of the Russian Federation in Resolution No. 1 of March 5, 2004 indicated: “… the accused (defendant) has the right at any time of the criminal proceedings to refuse the assistance of a defender. In such cases, the court must find out the reason for refusing a defender and to establish whether such a refusal was forced, due, for example, to considerations of a material order. Refusal from a defense lawyer may be accepted by the court if the reasons for the refusal from a defense lawyer are found out, and his participation in the hearing is actually ensured by the court. in the ruling (ruling) to motivate his decision. “

Since K. intends to declare his refusal from the services of a defense lawyer not for material reasons and not under pressure from any external circumstances, but due to disagreement with the position of the defense lawyers in the criminal case, the court has no reason not to accept the refusal.

The Armed Forces of the Russian Federation also considered the more specific issue of withdrawal by convicted persons of cassation complaints filed by defenders. The decision of the Judicial Collegium of the Armed Forces of the Russian Federation No. 5-096-126 in the Lenkov case satisfied the application of the convict, who appealed to the cassation instance with a request not to consider the cassation complaints filed by his lawyer. At the same time, the collegium indicated that “the convicted person has the right at any time of the proceedings to refuse the services of a defense lawyer, and, consequently, to withdraw the cassation appeal filed by the lawyer (from the review of judicial practice of the Supreme Court of the Russian Federation for the first quarter of 1997).

2. The arguments of the cassation appeal are absolutely correct, but the style of presentation in the concluding part of the appeal must be corrected. A convicted person, upon appeal, no matter what feelings overwhelmed him, must follow the procedural procedures arising from the requirements of the CCP. Including the petitioning part of the complaint, it should not contain an ultimatum demand, but a request, and the request must formulate what kind of decision on the merits of the complaint the convicted person is asking to make..

Obviously, in this case, K. must ask for the cancellation of the sentence and the termination of the criminal case in connection with the incorrect application of the criminal law..

It is not clear from the contents of the complaints whether the draft federal law No. 454790-4 “On Amendments to Article 234 of the Criminal Code of the Russian Federation” was attached to the case file. If not attached, the judicial collegium should submit a request to attach these documents. The petition should be prepared in advance in writing, indicating that these texts are posted on the official website of the State Duma at http://asozd.duma.gov.ru/, from where they were printed (see the explanatory note to the project).

It is better not to remind about the Determination of the Constitutional Court of the Russian Federation of February 7, 2008 No. 79-O-O on the complaint of Yana Yakovleva and others, since this definition contradicts the legal position advocated in his complaint by K. (the opinion about this is extremely strange, not to say worse, see the definition in the News section of March 25, 2008, “Constitutional Court: under the dictation of drug control”) … Unfortunately, the COP makes sometimes dubious decisions.

The first counterargument here is the following: The definition of the KS has not been officially published anywhere, which is confirmed by a reference to it in the ConsultantPlus legal framework. Unpublished acts affecting human rights and freedoms cannot be applied (Article 15 of the Constitution of the Russian Federation). Moreover, purchasing ephedrine in 2007, in September, K. could not have known in advance that the Constitutional Court would adopt such a definition in six months. However, he was aware of the position of the President of the Russian Federation, who introduced the above bill in July 2007 (the bill was published on the official website of Gosluma).

The definition of the Constitutional Court essentially played the role of a law introducing criminal liability under Article 234 of the Criminal Code in relation to substances listed in the Government Decree of August 3, 1996 No. 930 (which in this case is far-fetched) and in the lists of the PKKN (which the Constitutional Court decided to take under its guardianship). So the second argument is this: the law introducing responsibility has no retroactive effect.

07/27/2009.

question number 1807

Igor asks:

Hello, I am a doctor, I wrote a prescription for a patient who asked for medical help, relieve pain and put an end to drugs for the drug Tramal, which contains ADD, on a printed form with a genuine stamp, the seal of a medical institution, I signed and is my personal seal. It turned out later that I introduced another name of the patient, but I did not know that this was her pseudonym. Fake recipe, no intent. The goal is one – to alleviate the suffering of the patient. It was an operational experiment of drug control and the goal was whether a doctor would write a prescription for a tram for 1000 rubles or not. I wrote it out, but there is no fact of money. But still, a case was opened under part 1 of article 234, part 2 of article 327, article 285 of the Criminal Code of the Russian Federation. in June 2008. Today I have a cassation ruling of the regional court: the verdict under Part 1 of Article 234 of the Criminal Code of the Russian Federation and Part 3 of Article 30 shall be canceled and terminated on the basis of paragraph 2 of Part 1 of Article 24 of the Criminal Procedure Code of the Russian Federation, in the absence of corpus delicti in the act. Consider convicted under Part 2 of Article 327 of the Criminal Code of the Russian Federation / on the fact of forging a prescription / and under Part 2 of Art. 69 of the Criminal Code of the Russian Federation to imprisonment for a term of 2.5 years conditionally, but they also assigned an additional punishment in the form of deprivation of the right to engage in medical activities for a period of 2 years under Article 47 of the Criminal Code of the Russian Federation. Explain to me how you can be sentenced under Part 2 of Article 327 of the Criminal Code of the Russian Federation, if there is no corpus delicti under Part 1 of Article 234 of the Criminal Code of the Russian Federation? I didn’t make the recipe, didn’t forge it, didn’t sell it, there were no erasures or corrections. As stated in the verdict, I represent a GREAT degree of public danger. Is a doctor with 27 years of experience really so dangerous that he should be deprived of his professional activity for 2 years? Where’s the justice? Lawlessness! My patients, who respect me and trust me with their health, will suffer. Is it really necessary to deprive you of medical practice? How can I further prove my innocence in a complaint to the Supreme Court of the Russian Federation, what to focus on, what evidence to bring? The advance is grateful. Thank you. As it became known to me, the drug control workers for experiments on doctors in 2008 received bonuses, promotions and came to the 4th place in the region. HURRAH!

The lawyer Irina Vladimirovna Khrunova answers:

Igor, hello.

Yes, indeed, it’s also strange for me that you were found guilty under Part 2 of Art. 327 of the Criminal Code of the Russian Federation – forgery, production or sale of forged documents, state awards, stamps, seals, forms, committed with the aim of concealing another crime or facilitating its commission. I also believe that if you were acquitted or the criminal case was discontinued under one article, then part 2 of this article is inapplicable in your case, we can only talk about the first part. Moreover, as you write, in your definition of the cassation instance there is also a reference to Art. 69 of the Criminal Code of the Russian Federation. This article speaks about the imposition of punishment for a set of crimes, that is, we are talking about the commission of at least two crimes. It is necessary to read the verdict and, most importantly, the cassation ruling in full, maybe this is a technical error when making a decision of the second instance, or an oversight on their part. Moreover, the court of first instance for technical registration did everything right – it convicted you under two articles, and under Part 2 of Art. 327 of the Criminal Code of the Russian Federation with the qualifying feature “committed with the aim of concealing another crime or facilitating its commission” (which is possible when convicted under two articles of the Criminal Code), and applied Article 69 of the Criminal Code of the Russian Federation for sentencing, since punishment must also be imposed under two articles. That is why it is necessary to carefully read the cassation ruling.

I think that under Art. 327 of the Criminal Code of the Russian Federation, you were found guilty due to the fact that you drew up a false document (prescription). According to criminal law and judicial practice, forgery of a document can be material or intellectual. Material forgery is a distortion of an original document, making various changes to it by erasing, adding, etching the text, pasting, correcting, replacing the text with another, forging a signature, seal imprint and in other ways. Intellectual forgery is expressed in the preparation of a document that is false in content, but true in form. I think that we can talk about your conviction as an intellectual forgery – you had the right to write out such a prescription, you had such authority for that, but you entered false information into it.

Since the sentence against you has already entered into legal force, you can only appeal against it in a supervisory procedure. And you will not appeal the verdict that was in the court of first instance, but the already amended verdict, as written in the cassation ruling. Therefore, you will appeal against only one article of the Criminal Code of the Russian Federation – Art. 327 of the Criminal Code of the Russian Federation, and this is already easier. What to focus on when drawing up a supervisory complaint, a lawyer will be able to tell you only after reading the texts of court decisions, while I can give general introductory notes – conviction under Part 2 of Art. 327 of the Criminal Code of the Russian Federation, since the qualifying feature “committed with the aim of concealing another crime or facilitating its commission” does not suit you, since you have no other crime. If I am right about the conviction for counterfeiting the prescription, then it is imperative to talk about the absence of intent to commit this crime (Article 327 of the Criminal Code of the Russian Federation can only be committed intentionally). In this case, be sure to point to the evidence that confirms your position on the lack of intent. You can also ask to cancel the additional punishment in the form of deprivation of the right to engage in medical activities, while referring to the existence of exceptional circumstances (a large number of patients, absence of public danger, your behavior after the commission of a crime, and other circumstances that significantly reduce the degree of social danger of the crime).

July 22, 2009.

question number 1724

Tatiana asks:

Hello! I ask you to clarify the situation: With the release of the Government Decree 964 dated December 29, 2007. the list of potent substances came into force. Question: First. Is a physician required to prescribe drugs with these substances on Form 148-1 / y-88 (Accountable Prescription)? Second, Article 234 of the Criminal Code of the Russian Federation severely punishes for illegal traffic in these substances. Are drugs prescribed on Form 107-1 / y-88 (simple prescription) containing the potent substances specified in the Ordinance covered by this article? Third – Explain, please, is the order of the Ministry of Health of the USSR 523 dated 07/03/1968 “On the procedure for storing, recording, prescribing, dispensing and using poisonous, narcotic and potent medicines” in effect on the territory of Russia? How to reconcile all of the above in one criminal case on the release of the drug Lindax, the annotations and reference books for which it is not indicated that it is potent even after the release of the Resolution (the date of manufacture of the drug Lindax is August 2008, reference literature is Vidal 2008). the documents are well known to me. Thank you in advance. Tatyana.

Answers the head of the paragraph:

Dear Tatyana, I apologize for the indecently long delay in answering. Since the question has not lost its relevance (at least for our readers), we post the answer and send it to you at the email address you specified.

1. According to the explanation of the director of the legal company “Unico-94” MI Milushin (consultation of March 12, 2009 in the section “Legal acts on health care” of the “ConsultantPlus” system) prescription forms of the form N 148-1 / u-88 are intended for discharge and leave:

a) psychotropic substances included in List III of the List of narcotic drugs, psychotropic substances and their precursors subject to control in the Russian Federation, approved by the Decree of the Government of the Russian Federation of June 30, 98 N 681, registered in the prescribed manner as medicines;

b) other medicinal products subject to quantitative accounting in pharmacies (organizations), drug wholesalers, medical institutions and private practitioners;

c) anabolic steroids.

See the Instructions on the procedure for prescribing medicines and issuing prescriptions and invoice requirements, approved by Order of the Ministry of Health and Social Development of Russia dated February 12, 2007 N 110, as amended on August 27, 2007.

According to the letter of the Ministry of Health and Social Development of Russia dated June 24, 2008 No. 4406-РХ:

– combined medicinal products containing potent substances in their composition and simultaneously included in the list of medications dispensed without a doctor’s prescription (order of the Ministry of Health and Social Development of Russia dated September 13, 2005 N 578), as before, are dispensed to the population without a doctor’s prescription;

– medicinal products containing potent or poisonous substances and included in the List of medicinal products subject to quantitative accounting in pharmacies (organizations), drug wholesalers, medical institutions and private practitioners, approved by order of the Ministry of Health and Social Development of Russia from December 14, 2005 N 785, as well as anabolic steroids are dispensed to the population according to prescriptions of the accounting form N 148-1 / u-88;

– other medicinal products containing potent or toxic substances in their composition are dispensed to the population according to prescriptions of the registration form N 107-1 / y.

2. Even if we assume that the rules for the circulation of potent substances have been violated, liability under Article 234 of the Criminal Code is possible only if “this entailed their theft or other significant harm.”.

Violation of the rules for the production, acquisition, storage, accounting, dispensing, transportation or shipment of potent or poisonous substances, i.e. violation of the order of their legal turnover, punishable under the fourth part of Article 234, which is a crime of average gravity.

Article 234 applies only to those drugs (regardless of what form of prescription they are dispensed in) that do not contain other active ingredients, except for a potent substance. See Decree of the Government of the Russian Federation of December 29, 2007 No. 964.

3. The order of the Ministry of Health of the USSR of July 3, 1968 is currently not fully valid. In terms of the procedure for storing, recording, prescribing, dispensing and using narcotic drugs, this order has not been applied since 1983 (Order of the USSR Ministry of Health of December 30, 1982 N 1311). Storage and other actions with drug-containing drugs, including the rules for prescribing them, are regulated by Order of the Ministry of Health of 11/12/1997 N 330.

Lindaxa, like meridia, are subject to article 234 of the Criminal Code, since there is only one active potent substance in these drugs – sibutramine.

I believe that the non-prescription dispensing of the drug “Lindaxa” entails liability under the fourth part of Article 234 of the Criminal Code. I also consider the argument “not written in the annotation that this is a potent substance” as doubtful. The summary indicates the composition of this medication, and this is enough for a pharmacist or doctor..

Since, probably, we are not talking about hundreds of packages of Lindax, but about several or even one, it is advisable, in my opinion, to build the defense on the recognition of the insignificance of the act: “An action (inaction) is not a crime, although formally it contains signs of some or the act provided for by this Code, but due to its insignificance does not pose a public danger (part two of Article 14 of the Criminal Code of the Russian Federation).

05/02/2009.

question number 1721

Alexander asks:

Hello!

I want to get your consultation.

Suppose I need to purchase a drug (Relanium) using the Internet with its delivery by courier services or by Russian post. Actually the question: What can I face for the purchase of “potent psychotropic drugs” in small quantities for my own needs?

Will the employees of the State Tax Committee meet me at the post office in this case?

Admin replies:

Hello. The acquisition of potent substances without the purpose of marketing does not entail either criminal or administrative liability.

05/30/2009.

question number 1717

Katerina asks:

Hello.

My husband was charged with part 1 of article 234 and part 3 of article 234 (purchase and sale of ephedrine). The case was opened in 2007. The trial took place in April 2009. The investigators and the prosecutor made conclusions about the intention to sell. In fact it is not proven.

At the trial, the lawyers raised the issue that the PKKN (whose lists were referred to in the indictment) is only a public organization. And also referred to the Federal Law of the Russian Federation of November 4, 2007? 252-FZ “On Amendments to Article 234 of the Criminal Code of the Russian Federation”. Plus, the judge ordered the announcement of the verdict only three days after the last word of the defendant. The husband was found guilty under Part 3 of Article 234 and was given 6 years of general regime. What can be done in this situation? Thank you in advance for your help.

Answers the head of the paragraph:

Hello.

I believe that the appeal against the verdict against your husband should be based on the merits of the accusation, and not on the formal basis of the absence in 2007 of a properly approved list of potent substances.

True, of course, on the side of the lawyers who argued that the lists approved by the PKKN should not have been applied, since The PKKN could not be considered a body competent to issue normative legal acts. The Government of the Russian Federation adhered to the same position, motivating the need to amend Article 234 of the Criminal Code (i.e., supplementing it with a note on the approval of the lists of potent and toxic substances by the Government of the Russian Federation) as follows:

“PKKN is not a public authority. According to the State Register of Legal Entities, PKKN, by its organizational and legal form, represents a non-profit organization.

The establishment of lists of any substances for the purpose of bringing to criminal liability is associated with the restriction of the rights and freedoms of citizens, in connection with which the approval of such lists by a non-profit organization does not meet the requirements of Article 55 of the Constitution of the Russian Federation.

At present, it is virtually impossible to prosecute persons who have committed crimes related to the illegal circulation of potent or poisonous substances, since there is no other list of these substances in order to prosecute crimes under Article 234 of the Criminal Code of Russia, except for the PKKN Lists. . “(from the explanatory note to the draft federal law” On Amendments to Article 234 of the Criminal Code of the Russian Federation “introduced by the Government of the Russian Federation).

We adhered to the same opinion, considering it inadmissible to apply Article 234 of the Criminal Code of the Russian Federation before the legislative decision on the procedure for approving the lists.

The same reasoning was used in the complaints of a number of citizens sent to the Constitutional Court in order to identify the constitutional meaning of Article 234 of the Criminal Code in the system of criminal law regulation..

Alas, the Constitutional Court of the Russian Federation, which came under the influence of the Federal Drug Control Service, resolved these complaints incorrectly. And although it is impossible to agree with the position of the Constitutional Court, the decision made by it is final and not subject to appeal.

By definition No. 79-О-О dated February 7, 2008, Article 234 of the Criminal Code of the Russian Federation was recognized as complying with the Constitution of the Russian Federation, “both as amended by the Federal Law of November 4, 2007 N 252-FZ, and in the previous editions”. At the same time, the Constitutional Court referred to the Decree of the Government of the Russian Federation of August 3, 1996 N 930 “On the approval of the nomenclature of narcotic drugs, potent and poisonous substances, which are subject to the procedure for import into the Russian Federation and export from the Russian Federation, approved by the Decree of the Government of the Russian Federation of March 16, 1996 year N 278, as well as quotas for the import (export) of narcotic drugs “(as amended on July 31, 1998 and August 18, 2007)”, which, in the opinion of the Constitutional Court, “approved the list (list) of potent substances in accordance with the established regulatory procedure , mandatory for use by all law enforcement agencies “.

This position could be used in the interests of your husband and thousands of others who were prosecuted under Article 234 of the Criminal Code. After all, the Constitutional Court noted that Resolution of the Government of the Russian Federation No. 930 should be applied in the edition of August 18, 2007, and in this edition, ephedrine and many other points were excluded from this resolution.

Unfortunately, below in the same Definition, the CC recognized the Lists of the PKKN as legitimate, indicating that the bodies of preliminary investigation and the courts when investigating and considering criminal cases related to criminal prosecution for illegal trafficking in potent substances are obliged to be guided by Resolution No. 930 “taking into account expert opinions ( including in the form of lists of potent and poisonous substances approved by the Standing Committee on Drug Control) “.

Thus, the Constitutional Court ruling legalized criminal liability under Article 234 of the Criminal Code, which took place in relation to acts committed before the entry into force of the note to this article..

05/29/2009.

question number 1691

Vitaly asks:

Hello! In the Decree of the Government of the Russian Federation of December 29, 2007 N 964 “On the approval of lists of potent and toxic substances for the purposes of Article 234 and other articles of the Criminal Code of the Russian Federation, as well as a large size of potent substances for the purposes of Article 234 of the Criminal Code of the Russian Federation” that “… All mixtures and solutions containing the substances listed in this list, regardless of their concentration …” are potent. In the list of toxic substances, such a definition is not indicated. Does this mean that the substance cannot be recognized as poisonous if the concentration of the poisonous substance is less than 100 percent. For example, potassium cyanide or methyl alcohol in a 99 percent solution. Thank you in advance!

Answers the head of the paragraph:

Hello.

I believe that in relation to poisonous substances in the cases you mentioned, the expert should be asked about the properties of the mixture, which contains the poisonous substance..

04/30/2009.

question number 1664

Nick asks:

Hello! Advise a lawyer experienced in these matters in St. Petersburg. a criminal case was opened against me for the sale of ephedrine under article 234, part 1. 2 test purchases were made by a secret officer of the State Tax Committee. the first time I handed him 2 packets of 0.9 each, and the second time my civil husband met him at my request and gave him 2 packets of 0.9 each. after the transfer, he was immediately detained by the employees of the GNC, and a search was carried out at my house, during which nothing found, funds were seized. I was detained and, together with my husband, were taken to the police station, where we were examined in the presence of attesting witnesses. During the search, the marked money was withdrawn from my husband from the second purchase. then they took us to the interrogator, where they took our testimony. in the end, I go on the case as a defendant, and my husband as a witness.

questions:

1) can a husband be made an accused out of a witness and ascribe a group of people to us (the opera is afraid that they can do everything, since the investigators and the opera are all connected)

2) what threatens me, I have not been convicted before, I have two children 3 and 4 years old

3) is it possible to obtain an administrative fine

please give a qualified answer and advise a lawyer.

Answers the head of the paragraph:

Nika, hello. The transformation of a witness into an accused occurs frequently. In your case, it is beneficial for the inquiry officer to use your husband as a witness. This is explained by the fact that the accused has the right to refuse to testify, while the witness for refusing to testify falls under criminal article 308. But remember that, according to the note to this article of the Criminal Code, “a person is not subject to criminal liability for refusing to testify against himself , your spouse or your close relatives. ” Your husband has the right not to answer questions concerning him and you, but he has no right to refuse to answer other questions from the inquiry officer or investigator.

Having no criminal record, taking into account the presence of two young children, you have reason to hope that no real imprisonment under the first part of Article 234 of the Criminal Code will be imposed. Probably a suspended sentence or a fine (only not an administrative one, as you write, but as a criminal punishment (from 2,500 to 40,000 rubles). A suspended sentence or a fine is not excluded if your husband becomes accused. Then it will be part two of Article 234 Of the Criminal Code, but also like part one it is a crime of average gravity.

About a lawyer, write to us at hand-help-lev@yandex.ru, we will immediately send the coordinates.

04/08/2009.

question number 1635

Yuri (Ivan) asks:

Hello!

The situation is as follows, I ordered anabolic steroids for myself via the Internet. anabolics are becoming more expensive lately, I decided to take it for a year and a half, while there was money. The order was given to me by the FSKN employees. Now they want to charge me under Article 234, part 3

Can they even blame me for this article? After all, he ordered everything for himself without a sales goal. And which article is generally applicable in my case?

Thank you!

Answers the head of the paragraph:

Hello. Unlike Articles 228 and 228-1, in Article 234 of the Criminal Code, after the Code was revised by the Federal Law of December 8, 2003, the “target of sale” remained as a completed crime. This is wrong, since Article 234 still refers to less dangerous substances (potent and poisonous). But at the present time it makes no sense to raise the question of excluding the “purpose of sale” from the 234th article, since that and look “acquisition and storage for the purpose of sale” will be returned to the articles on drugs.

It looks like this is exactly the kind of crime they are trying to hang on you.

At the same time, the logic of the FSKN-sheep is primitive: since the size is especially large, it means – for sale.

But such an assessment, in the absence of other reliable and lawfully obtained evidence, cannot be used as the basis for the accusation..

See Determination of the Judicial Collegium for Criminal Cases of the Armed Forces of the Russian Federation of June 18, 1998 in the Pavlyuk case. This solution is not outdated and even more applicable to your case. Although citizen Pavlyuk was accused of possessing an especially large size of heroin “for the purpose of marketing”, i.e. under the article on drugs, and not on potent substances, for 1998, article 228 of the Criminal Code had the same form as the remaining uncorrected 234th. In Pavlyuk’s case, the Judicial Collegium recognized the conclusion of the first instance court that the acquisition of a narcotic drug on an especially large scale indicates the purpose of the sale as unfounded and presumptive..

Also see the Determination of the Judicial Collegium for Criminal Cases of the RF Armed Forces of November 30, 2005 on the Slesarev case, which expresses a similar position.

According to the Resolution of the Plenum of the Armed Forces of the Russian Federation of June 15, 2006, “On the intention to sell these funds and substances, if there are grounds for that, their purchase, manufacture, processing, storage, transportation by a person who does not use them himself, their quantity (volume), placement in easy-to-sell packaging or the presence of an appropriate agreement with consumers, etc. “

Thus, the very large size of anabolic steroids alone is not enough to be accused of purchasing them for the purpose of marketing..

Responsibility for the acquisition of potent and toxic substances for personal purposes is not provided.

03/19/2009.

question number 1624

Alexey asks:

Wife works as a private ambulance doctor.

She was detained on a call while trying to give a tramal injection to a patient with a broken leg (with a complaint of severe pain) (he turned out to be an OKLON employee). How is Article 234 marketing involved? Can she be accused under this article??

The lawyer Irina Vladimirovna Khrunova answers:

Hello Alexey.

If you answer briefly to your question, the answer will be – yes, perhaps. Since the subject of the crime under Art. 234 of the Criminal Code of the Russian Federation (that is, the person who will be prosecuted) can be all persons who have reached the age of 16, including persons who, by virtue of the work entrusted to them, are obliged to comply with the established rules for handling such substances, of course, an ambulance doctor helping them is.

As you yourself understand, sales are sales in any form (for money, loans, etc.), therefore, the sale of a potent substance by a doctor to his patient for money is suitable for marketing, for which criminal liability is provided.

In your case, I would draw your attention to the following point. Russian legislation provides for legal (legal) and illegal drug trafficking. Illegal consumption and sale differs from the legal one in the absence of duly documented medical indicators. Therefore, the line of defense in case your spouse is still prosecuted for this crime, I would build, based on the patient’s medical indications, and the need to use a medicine at the moment.

It is also necessary to analyze the legality of finding this drug with your wife – how did it get to her, did she have the right to carry it with her, how much of the drug can be kept with you, and which one can be kept in a special storage.

There is a Decree of the Government of the Russian Federation of December 29, 2007 N 964 “On the approval of lists of potent and toxic substances for the purposes of Article 234 and other articles of the Criminal Code of the Russian Federation, as well as a large size of potent substances for the purposes of Article 234 of the Criminal Code of the Russian Federation”, and in in this list the substance tramal (tramadol) is present.

Of course, I do not know all the circumstances of what happened to your wife, but perhaps the Resolution of the Plenum of the Supreme Court of the Russian Federation of June 15, 2006 N 14 “On judicial practice in cases of crimes related to narcotic drugs, psychotropic, strong and poisonous substances “.

03/17/2009.

question number 1592

Alexey asks:

Hello, my brother received a pack of tramadol at the pharmacy for the father of a disabled person of the first group, the brother of a disabled person of the third group asked his father for ten pills, his father gave, his brother did not use them. Subsequently, he was detained by drug control workers and is suspected of selling ten tablets of tramadol. What threatens him for this act. Thank you very much.

Answers the head of the paragraph:

Hello. Tramadol is included in the List of Potent Substances approved by Decree of the Government of the Russian Federation No. 964 dated December 29, 2007. For the illegal sale of potent substances, criminal liability is provided for under Article 234 of the Criminal Code up to three years in prison, and on a large scale – from four to eight years. The large size for tramadol is over 10 grams. 10 tablets – less than 10 grams, i.e. small size.

Consequently, if found guilty, your brother will most likely be convicted under the first part of Article 234 of the Criminal Code, the punishment under which can be alternative: a fine from 2,500 to 40,000 rubles, or compulsory labor, or correctional labor, or a suspended imprisonment, or real imprisonment for up to three years.

In the case of your brother, you need to figure it out. The father gave him pills. The brother kept them with him. Or sold to someone (tried to sell / transfer)? What happened between receiving pills and being detained?

02.03.2009.

question number 1573

Leonid asks:

Hello, my name is Leonid. I work under an agreement with a pharmaceutical company and transport medicines, including potent ones, to pharmacies on my car. All documents on the CD are in order. Medicines are in the back in cardboard boxes (all-metal body). Recently I lost control on a slippery road, drove into a ditch, followed the cable. Probably forgot to close the doors with an internal lock. During my absence, they stole all the boxes of medicines and six potent items. I called the police, a case was opened on the theft. They tell me that I can be convicted under Article 234 Part 4. Is that so? Thank you in advance.

Answers the head of the paragraph:

Hello. Indeed, in the situation described by you, it is possible to initiate a criminal case.

According to the fourth part of Article 234 of the Criminal Code, violation of the rules for the production, acquisition, storage, accounting, dispensing, transportation or shipment of potent or poisonous substances, if this entailed by negligence their theft or causing other significant harm, is punishable by a fine of up to 200,000 rubles or in the amount of salary or other income of the convicted person for a period of up to 18 months, or correctional labor for up to two years, or restraint of liberty for up to three years, or imprisonment for up to two years with deprivation of the right to hold certain positions or engage in certain activities for a period up to three years or without.

As you can see, the range of sanctions is very wide: a fine from 2,500 to 200,000 rubles, correctional labor (assigned only to persons who do not have a main job), imprisonment as a conditional punishment, real imprisonment for a term of two months to two years (with deprivation of the right engage in activities related to the legal circulation of drugs and strong substances or without deprivation of this right). Punishment in the form of restriction of freedom is not applied yet.

At the first conviction, the court has the right, but there is no reason to apply the most severe measure – real imprisonment. If in your case a case is initiated and your guilt is established, the penalty is likely to be a fine.

02.24.2009.

question number 1544

Tatiana asks:

Good day! I read all the information on the site. but I couldn’t find the answer to my question. I beg you to answer the question – the fate of the son is being decided. He is under investigation. He was charged with making preparations for the illegal sale of a psychotropic substance – potassium oxybutyrate on an especially large scale – a crime under Part 1 of Art. 30 and paragraphs “a”, “d” of Part 3 of Art. 228-1 of the Criminal Code of the Russian Federation. In the Decree of the Prospect Island of the Russian Federation dated 07.02.06 No. 76 in the list of 3 psychotropic substances in the redaction of the post. Prospect Island of the Russian Federation dated 04.07.07 No. 427 indicated a large and very large size of sodium oxybutyraa and “other salts of hydroxybutyric acid (there is no potassium hydroxybutyrate in the list). Later, by the Resolution of the Government of the Russian Federation dated 29.12.07 No. 964, lists of potent substances for purposes of article 234 and it contains gamma butyrolactone, which in combination with potassium hydroxide KOH and water gives a salt of hydrobutyric acid, namely potassium hydroxybutyrate. This list also contains all salts of the substances listed in the list. Please, answer, potassium hydroxybutyrate belongs to psychotropic substances or to strong, which changes the article to 234 and significantly changes the terms of punishment..

The lawyer Konstantin Sergeevich Kuzminykh answers:

Your question is clear. Hydroxy acids – i.e. organic acids that have carboxyl (COO) and hydroxy (OH) groups in their structure form salts with metals (sodium, potassium, lithium), and one of the ways to obtain such salts is the hydrolysis of lactones (contain a group – C (O) – O – C -) – cyclic compounds – when interacting with alkali (for example, sodium hydroxide, potassium – KOH, NaOH). In other words, as you rightly point out, from gamma-butyrolactone, a potent substance, a salt of hydroxybutyric acid – sodium hydroxybutyrate can be obtained.

You rightly point out that in the Government Decree No. 964 of 12/29/07 – on the list of potent and poisonous substances – gamma butyrolactone is presented, and the note indicates that all salts should be classified as potent or poisonous substances, if the formation of such is possible.

On the other hand, sodium (or potassium) oxybutyrate is classified by the Government of the Russian Federation as psychotropic substances, and it may seem that there is a conflict between the lists.

I believe that this is not the case. The fact is that sodium (potassium, lithium) oxybutyrate is a salt of an acid – gamma-hydroxybutyric acid (and not lactone – butyrolactone). Strictly speaking, lactones form hydroxyacid salts upon hydrolysis, and not hydroxyacids, when interacting with alkalis, form lactone salts. This is a terminological fact.

But if we move away from the issues of terminology, and judge by the actual danger of the spread of certain substances in illegal circulation and consumption (without touching on the issue of legal measures to ensure the safety of distribution and sanctions for illegal distribution), then it is not difficult to see that potent and poisonous substances include incl. precursors of the synthesis of narcotic drugs and psychotropic substances, among which, in fact, gamma-butyrolactone belongs (by itself, it does not “strongly” act on anything and is hardly suitable as a poisonous substance). And the chemical compounds obtained from such precursors are already included in the list of narcotic drugs and psychotropic substances on the grounds that, according to experts (without going into questions of the validity of such), these substances have a narcogenic action potential and pose a danger in uncontrolled circulation.

Therefore, these will be counterarguments to your hypothesis, although it is not devoid of sense. If your son believed that sodium oxybutyrate is still a potent substance on the grounds you indicated, perhaps this can be taken into account by the court when considering the case.

02/15/2009.

question number 1538

Roman asks:

hello,

I need help, I don’t know what to do … I was picked up while receiving 1 liter of gammabuterolactone at the railway station. I purchased it via the Internet in St. Petersburg, for personal purposes, of course I don’t have any licenses … They want a lot of money to close the case, I don’t understand anything about this, to be honest … what are my chances in court ? what should I do?

Tell me please.

Thank you in advance,

Novel

Admin replies:

Hello. Gammabutyrolactone (GBL) is included in the list of potent substances approved by Decree of the Government of the Russian Federation No. 964 of December 29, 2007. Responsibility is established only for illegal acquisition, storage and other actions with potent substances committed for the purpose of their sale, as well as for the illegal sale itself ( article 234 of the Criminal Code of the Russian Federation). Acquisition and storage of potent substances, including GBL, without the purpose of marketing is not punishable. See the answer to question no. 949.

If in the case that they allegedly initiated you are charged with obtaining GBL for the purpose of marketing, then bringing you to justice is possible only if the intent to sell for the purpose of criminal production of a psychotropic substance is established. See the answer to question no. 619.

02/15/2009.

question number 1456

Maxim asks:

Good afternoon, I bought a special food for athletes in a Moscow pharmacy (protein and anabolic substances), as a result, 4 cans for a total weight of 4.5 kg … can I calmly transfer this to Kaliningrad by plane, will there be any claims at customs. Of course I buy for personal use.

Answers the head of the paragraph:

Hello. There are no legal restrictions on the transportation of potent substances for personal use. During air transportation to Kaliningrad, the customs border is not crossed.

The only danger is that the drug police may consider that the transportation is carried out for the purpose of marketing. And this is already Article 234 of the Criminal Code, which, in contrast to Article 228, retained the actions “for the purpose of selling” as a completed crime. Experience shows that such accusations sometimes arise from scratch, just to bring under the article.

So it is better, if you really need to carry, to have a document from a sports medicine doctor, from which it would be clear that the appropriate drugs are recommended to you.

01/20/2009.

question number 1441

Andrey asks:

Hello! I wrote to you earlier question 618. The trial took place in December. we all hoped for a suspended sentence of the court, but the verdict was disappointing – 3.5 years in a general regime colony and 300 thousand fine. From the very beginning, pressure was exerted on the court (an employee from Maroseyka was present in the judge’s office during the trials.There is absolutely no evidence in the case, everything is sewn with white thread. Well, at least 188 fell apart! Now we will appeal the decision to the Moscow City Court – but this is just a formality, so according to my information, everything will remain unchanged from good people there (UGNC were also noted there). I wanted to express my gratitude to all the site employees, especially personally to LV SEMENYCH LEVINSON! I just realized for myself that in our country where you do not write – no one will hear! A lot of paper was written.Thanks for the consultations and petitions from the public chamber! Best regards ANDREY.

Answers the head of the paragraph:

Andrey, hello. After the appeal, write or call. Let’s think about the European Court. If the Moscow City Court stamps, be sure to appeal in the supervisory order.

01/18/2009.

question number 1423

Andrey Valerievich asks:

My mom is 72 years old. Traveled on tourist visas to the PRC. By provocation from the Federal Drug Control Service of the Russian Federation in Buryatia, she brought and sold for 700 rubles. one package of dietary supplements “Li Da”, in the amount of 30 capsules, according to the expert committee, contains sibutramine, total weight with capsules 7.746 g. Naturally, the officers of the UFSKN provoked my mother to bring the package twice, between which they fraudulently (under the guise of an action to combat drugs, smoking, slipped a text for signature that she could not see without glasses) a signature on the inadmissibility of transportation. Our arguments are that the mother is a disabled person of the 2nd group, does not see the text without glasses for distance (+5.5 D.), hears poorly, there are all the conclusions of the doctors, and most importantly: before these provocative cases, she never brought any dietary supplements for sale and did not know about their existence, the UFSKN RF for RB are not perceived. The case has been pending for 8 months already and a decision has been presented to prosecute as a defendant under Part 3 of Article 30; part 3 of article 234; Part 2 of Article 188; Part 3. Article 30, part 3 of Article 234 of the Criminal Code of the Russian Federation. The investigator of the UFSKN RF for RB does not shun a lie – he denies his provocative notes, immediately attached to the case, ignored medical certificates, does not carry out fingerprinting examination of packages, etc..

It turns out that for the provocation of a 72-year-old sick person, you can get a promotion.

Where is common sense and law in Russia?

Advise how to be.

P.S. Mom’s health is deteriorating, she is an excellent student in education

Answers the head of the paragraph:

Dear Andrey Valerievich, seek the termination of the criminal case on the basis of part two of Article 14 of the Criminal Code (due to the insignificance of the act that does not pose a public danger), first apply to the head of the investigative body of the FSKN, then, in case of refusal, send a complaint to the director of the FSKN Ivanov V. .P.

I also believe that in this case it is possible to prove the existence of a provocation prohibited by Article 5 of the Law on the OSA, according to which the bodies (officials) carrying out the OSA have no right to induce, persuade, incite in a direct or indirect form to commit illegal actions. The reasoning should be based on the fact that there is no and there was no evidence that the accused herself or through persons associated with her previously distributed dietary supplements, including Li Da, that her purchase and delivery of this drug to the Russian Federation was solely the result of a provocative request from such -that person. If the case nevertheless reaches the court, it will be necessary, in accordance with part three of Article 229 of the Code of Criminal Procedure, to file a motion for a preliminary hearing in connection with the existence of grounds for discontinuing the criminal case, justifying this accordingly in a separate motion. Then it will be possible to apply to the prosecutor of the Republic of Buryatia with a petition, raising the question of whether there are grounds for the prosecutor’s refusal to charge.

In fact, I would like to note that the “sibutramine affairs” dishonor the FSKN, tk. it is an obscene imitation of the fight against drug crime. Whether sibutramine is harmful or not, at least not a drug. The circulation of drugs containing sibutarmine has nothing to do with drug trafficking and drug addiction.

12.01.2009.

question number 1399

Eugene asks:

Hello . ordered the following drugs via the online store: pronabol (methandrostenolone), deca (nandrolon decanoat), stanazolol and proviron. after receiving and leaving the mail, the employees of the GNC take it by the hand, and as it turns out, the parcel came from Minsk. what does all this threaten?

Answers the head of the paragraph:

Hello. I’m sorry to be late with the reply.

The substances listed by you are classified as potent. It is not excluded that criminal prosecution may be initiated against you under part two of Article 188 of the Criminal Code on charges of smuggling potent substances.

It is necessary to determine whether you might have known that the shipment will be made from Minsk. If there was no such information on the site, it is advisable for you to adhere to the position that you could not know that these drugs will come from another state. The acquisition of potent substances without the purpose of marketing is not punishable in itself..

05.11.2008.

question number 1387

Marina asks:

When checking our institution by drug control, it turned out that a nurse in one of the offices had lost 2 ampoules of Relanium and 3 ampoules of tramal. In the log of operations, they are listed in the remainder, in fact they are not. The journal is kept with an indication of the series, so it is impossible to replace the ampoules with others. Than this threatens the nurse and the head nurse. which accepted the magazine. without checking if there is a residue or not?

Answers the head of the paragraph:

Hello.

Relanium (diazepam) and tramadol (tramal) are classified as potent substances.

Part four of Article 234 of the Criminal Code provides for liability for violation of the rules for storing and accounting for potent substances, provided that this entailed, by negligence, their theft or causing other significant harm. The “fork” of punishment, as in other parts of this article, is great: from a fine of 2,500 rubles to two years in prison.

So it is necessary to find out the circumstances of the incident: was it a loss (accidentally thrown out, smashed, received a smaller number of ampoules through negligence, etc.) or the fact of theft is still obvious. But theft in this case is unacceptable to assume, it must be proven. The prosecution does not have the right to choose from the alleged versions the most disadvantageous for a person, seeking to make him an accused. According to the Constitution of the Russian Federation, irrepressible doubts about a person’s guilt are interpreted in his favor.

02.11.2008.

question number 1375

Elena asks:

Hello! I am writing to you on the following question. In a week I am going to Italy, at the moment I am taking a course of the drug “Reduxin” (10). I heard that the sibutramine contained in it was ranked as a drug! Can I transport 6 tablets across the border? of this drug? Will I be arrested for this? I will be very grateful to you if you answer me! Unfortunately, I don’t understand the laws at all!

Answers the head of the paragraph:

Dear Elena, sibutramine is not classified as narcotic, but as a potent substance (Decree of the Government of the Russian Federation of December 29, 2006 No. 964). One of the differences between potent substances and narcotic ones is that their use without a doctor’s prescription does not entail any responsibility. You can safely purchase and store this medicine within the Russian Federation..

However, the second part of Article 188 of the Criminal Code provides for increased criminal liability for the smuggling of potent substances (up to 7 years in prison). At first glance, it seems ridiculous to compare six harmless pills with this harsh measure. But you can remember many of the same “funny” stories, when innocent people were put on trial, or even on bunks for the weed poppy grown in their summer cottage, or for the “smuggling” of herbal preparations, in which there was the amount of the same sibutramine.

At the same time, the law does not establish bans or restrictions on the movement of medicines containing potent substances across the border..

If you take at least one reduxin tablet with you, in order to avoid troubles with customs when passing through control, you must have a prescription for this drug and (or) an extract from the medical history, another duly completed medical document confirming that you are taking this medicine as prescribed doctor. I would not advise you to take risks and carry with you any amount of a potent drug without any “excuse” papers.

You should also indicate in the customs declaration for the presence of 6 tablets of reduxin for personal use as prescribed by a doctor.

01.11.2008.

question number 1344

Unknown asks:

Hello! It seems to me that in the answer to question no. 1328, there was an inaccuracy, because. you inadvertently listed ADD -testosterone (male sex hormone). Testosterone formula 17beta-hydroxyandrost-4en-3-one. Nothing with such a chemical formula in decree No. 964-no. Then it would be necessary to include estrogen (female sex hormone) to the list, otherwise some kind of discrimination turns out…

Answers the head of the paragraph:

Hello! Thank you for your comment.

Testosterone is, of course, a male hormone. But there is also a drug called testosterone. So testosterone (solution for injection, as well as gel) is included in the List of Vital and Essential Medicines, approved by the Order of the Government of the Russian Federation of March 29, 2007.

Indeed, the list of potent substances approved by the Decree of the Government of the Russian Federation of December 29, 2007 does not include testosterone, but one of its isomers – 1-Testosterone (17beta-hydroxy-5alpha-androst-1-en-3-one).

According to the notes to the specified List, strong substances also include all isomers of the substances listed in the list in all cases where the existence of such isomers is possible..

09/29/2008.

question number 1328

Peter asks:

hello, 6 criminal cases have been initiated against me under article 234, part 3, the worst thing is that our (regional) examination is so

the fact of sales in the first case of packaging methandienone 100 tab 5 mg was established “Regional expertise cutely weighed the tablets (100 pcs)

and gave the following conclusion weight SDV 15.6 g

(product weight, which includes SDV 15.6 g) which forms a large size

according to my calculations, if we proceed from their annotations to the drug, then one tab of methandienone contains 5 mg of Tobish 0.005g of the active ingredient Tobish 100 tabs in the equivalent of SDV are no more than 0.5g of the substance but not 15.6g further, based on the results of the examination, the investigator initiated case of 234 h 3.

my lawyer announced a review of the situation, but the investigator commented on this in such a way that if the drug contains ADD, then the entire weight of the product, which includes ADD, is taken into account, if the amount of ADD in the product cannot be detected by laboratory means. tobish it turns out that one package of methandienone 100 tab 5 mg is already a large size !

next episode with testosterone, is testosterone ADD ?

please tell me how to behave in this situation

if you are interested, then I have all the copies of the minutes regarding my case, I am ready to provide all the materials in order to obtain your authoritative opinion, thanks in advance!

Answers the head of the paragraph:

Hello. Methandienone (anabolic steroid) is included in the List of Potent Substances, approved by Decree of the Government of the Russian Federation No. 964 of December 29, 2007. The list contains a position according to which “all dosage forms, no matter what brand (trade) names they are indicated, are included in the list, which contain the substances listed in this list in combination with pharmacological inactive ingredients. The coarse size of methandienone, according to the same Regulation, is over 2.5 g. For a mixture, even if methandienone is considered a mixture, the coarse size is determined by the total weight, without conversion to pure substance..

Testosterone is included in the List of Potent Substances.

With regard to your criminal case, it is necessary, in my opinion, to seek the exclusion of the aggregate of crimes and the re-qualification of the imputed actions as a single continuing crime. At the same time, it does not matter that various potent substances were being realized, it is important that the actions were covered by the single intent of the accused. Thus, the determination of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation of November 29, 2007 in the Makhovsky case established that attempts to sell various types of narcotic drugs (poppy straw, hashish), committed in several steps, do not entail the application of Article 69 of the Criminal Code of the Russian Federation and should qualify as a single ongoing crime.

12.09.2008.

question number 1300

Roman asks:

Tell me, if a pharmacy has a license for pharmaceutical activities, but with a specific reservation WITHOUT THE RIGHT TO WORK WITH POWERFUL AND POISONOUS SUBSTANCES, but nevertheless sells potent substances to the population (meridia, lindaksa, etc.), are employees of such pharmacies subject to liability to liability under Article 234 of the Criminal Code of the Russian Federation.

Answers the head of the paragraph:

Hello. The letter of the Ministry of Health and Social Development dated June 24, 2008 No. 4406-РХ explains that in order to carry out circulation of medicines, legal entities and individual entrepreneurs must have licenses, respectively, for medical activities, production of medicines or pharmaceutical activities (wholesalers and pharmacies). Wholesalers and pharmacies that previously “received licenses for pharmaceutical activities (with an indication in the appendix” with the right to work with potent and poisonous substances, according to the PKKN lists “or” without the right to work with potent and poisonous substances, according to the PKKN lists “) have the right to trade potent and poisonous medicines subject to the established licensing requirements and conditions. ” Existing licenses do not require renewal.

Thus, Article 234 of the Criminal Code in the case described by you should not apply.

06.09.2008.

question number 1299

Alexander writes (questions # 909, 1264):

Trichloromethane is not a medicinal substance, which is confirmed by the answer of ROSZDRAVNADZOR, in addition, chloroform is not mentioned in the lists at all in the UN convention.

The investigator closed the cases for lack of evidence of corpus delicti, and the regional prosecutor’s office issued a ruling to the head of the Federal Drug Control Service for CC to punish those responsible for illegal criminal prosecution and notify the prosecutor’s office within a month of the measures taken.

This is how the atrocities committed by drug control ended.

Answers the head of the paragraph:

Hello. I’m very glad. There was no basis for criminal prosecution.

I also ask you to excuse me for the mistake I made in answer no. 1264. The standard requirements for technical strengthening and equipping of premises with the storage of narcotic drugs, approved by the Order of the Ministry of Health dated November 12, 1997 No. 330, apply, inter alia, to “premises for the storage of potent substances under international control in accordance with The UN Convention on Psychotropic Substances of 1971 and the UN Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 1988, as well as for the storage of drugs containing the indicated potent and toxic substances subject to quantitative accounting in accordance with the established procedure “.

Not paying attention to the word “indicated”, I interpreted this fragment as if I meant all medicinal products subject to quantitative accounting, containing potent and toxic substances. Meanwhile, a careful reading of the document convinces us that the requirement applies to potent substances named in international conventions and to medicines containing substances named in the conventions. In the UN conventions 1971 and 1988. trichloromethane (chloroform) no.

With all that, I do not understand why trichloromethane is not a drug, while it is included in the current List of drugs subject to quantitative accounting (Order of the Ministry of Health and Social Development of the Russian Federation of December 14, 2005 No. 785).

Thank you for the information and for the opportunity to return to this important issue..

06.09.2008.

question number 1264

Alexander asks:

previous question 909

The complaint in the first criminal case is being considered by the Regional Court, because in the first instance it was refused due to the fact that it was impossible to investigate the substance. In the meantime, received a reply from Roszdravnadzor on 07.06.2008 No. 04-161 64/08 that the activity was not subject to licensing and submitted it to the Regional Court. Obviously, realizing the obvious groundlessness of the accusation regarding the need to qualify the activities of LLC for the sale of Chemically Pure Trichloromethane as pharmaceutical, contained in the decision to bring it as a defendant, the investigating body for the next (already the third!) time on June 30, 2008, a new criminal case No. 884310 and the wording of the accusation was changed: “… being the director of an LLC” located at the address: Krasnodar, in violation of the Order of the Ministry of Health of the Russian Federation No. 330 dated November 12, 1997, “On measures to improve the accounting, storage, prescribing of narcotic drugs and psychotropic substances “reliably knowing that for working with substances referred to by the Decree of the Government of the Russian Federation No. 964 dated December 29, 2007” On the approval of lists of potent and toxic substances for the purposes of Article 234 and other articles of the Criminal Code of the Russian Federation, as well as large size of potent substances for the purposes of Article 234 of the Criminal Code of the Russian Federation “to the category of potent, it is necessary to confirm the compliance of storage sites with active substances in accordance with the “Standard requirements for technical strength and equipment with fire and security alarm facilities for the storage of drugs”, approved by the Order of the Ministry of Health of the Russian Federation No. 330 dated 12.11.1997, February 20, 2008 carried out illegal sale of trichloromethane. The following is a list of supplies to the Territory medical facilities.

Please explain the legality of the application of the Order of the Ministry of Health of the Russian Federation No. 330 dated 12.11.1997 in relation to an organization that is not a departmental institution of the Ministry of Health and Social Development of the Russian Federation. in terms of the turnover of chemical reagents (activity is not licensed)? How to combine storage and illegal distribution? And how to end the lawlessness perpetrated by the FSKN of the Krasnodar Territory? Sincerely, Alexander.

Answers the head of the paragraph:

Hello.

The lawlessness is obvious, since in your case there can be no question of illegal sale in the sense of parts one – three of Article 234 of the Criminal Code. As already noted in the previous answer, in your case, under certain circumstances, one could assume criminal liability for violation of the rules of legal circulation, i.e. on the fourth part of Article 234: “Violation of the rules for the production, acquisition, storage, accounting, dispensing, transportation or shipment of potent or poisonous substances, if this entailed, by negligence, their theft or causing other significant harm.” There is no theft or harm – there is no responsibility, in any case criminal.

With the application of the Order of the Ministry of Health of the Russian Federation of November 12, 1997, the situation is as follows.

Standard requirements for technical strengthening and equipping of premises with fire and security alarms with the storage of narcotic drugs apply “to premises for the storage of potent and poisonous substances under international control in accordance with the UN Convention on Psychotropic Substances 1971 and the UN Convention against Illicit Trafficking narcotic drugs and psychotropic substances in 1988, as well as for the storage of drugs containing the indicated potent and toxic substances, subject to subject-quantitative accounting in the prescribed manner ”. According to the same requirements, they apply to the storage of the main stock of the specified funds and substances “for all organizations, regardless of organizational and legal forms, forms of ownership and departmental affiliation”.

Trichloromethane (chloroform), recognized as a potent substance by the Decree of the Government of the Russian Federation of December 29, 2007, is included in the List of drugs subject to quantitative accounting (Order of the Ministry of Health and Social Development of the Russian Federation of December 14, 2005 No. 785). Therefore, the requirements established by Order No. 330 are mandatory for the organization you manage..

08/29/2008.

There was a mistake in the answer. See answer # 1299.

question number 1263

Vasily writes:

I am sending the address of the discussion on potent

http://vlcrime.net/read.php?1,88883,page=1

interested to know your comment

Answers the head of the paragraph:

Thanks for the link, I think this correspondence will be of interest to visitors to our site. One of the participants in the discussion, who signed himself as Ivan Grinev, writes generally correct things. I advise everyone interested in the topic of potent substances to look at the material sent by Vasily.

28.08.2008.

question number 1185

Sergey asks:

Hello!

In accordance with the Decree of the Government of the Russian Federation of December 29, 2007 No. 964 in the List of poisonous substances for the purposes of Art. 234 and other articles of the Criminal Code of the Russian Federation introduced against water crystallization liquid (PVKZH) “I-M” (OST 54-3-175-73-99)

By whom, which authority issued a passport for the right to purchase and store this liquid.

Thank you.

Answers the head of the paragraph:

Hello.

Liquid “I-M” has been listed in the Lists of Potent and Poisonous Substances approved by the PKKN since 2000 (Protocol of March 6, 2000). Since the Lists of the PKKN were recognized in practice as legitimate (despite their dubious legal status), all the consequences associated with Article 234 of the Criminal Code in relation to the PMCZH “IM” were in effect even before the entry into force of the government Decree No. 964.

The acquisition and storage of substances included in the Lists of Potent and Poisonous is not prohibited by law. Punished under Article 234 of the Criminal Code is only their sale and actions for the purpose of marketing, as well as violation of the rules of legal circulation, including acquisition and storage, if this entailed, by negligence, their theft or causing other significant harm.

The rules for the circulation of the PWCZ are regulated at the departmental level. So, for example, the Order of the Ministry of Transport of Russia dated March 20, 2003 No. 27 approved the Rules for labor protection when working with special fluids in civil aviation organizations. Violation of these rules in relation to the PMCI “I-M” in the event of negative consequences entails liability under the fourth part of Article 234 of the Criminal Code.

Different rules apply in industrial sectors related to oil.

Specify your question: what is the type of activity of the organization using the CVQ.

08/09/2008.

question number 1125

Yuri asks:

Hello. I have been taking antidepressants and tranquilizers for three years (diagnosed with depressive disorder). But I recently learned that these drugs are prohibited for use while driving, that is, if they are found in the blood (urine, saliva), the license will be revoked. But I heard that for the treatment of this disease there are drugs that, when detected in the blood, are not prohibited when driving. Tell me, how do you know which pills can be taken while driving and which not? After all, narcologists who conduct medical examinations for intoxication should have some lists of prohibited psychotropic drugs?

Answers the head of the paragraph:

Hello. You should familiarize yourself with the List of Potent Substances, approved by the Decree of the Government of the Russian Federation of December 29, 2007 No. 964. Please note that not only substances directly indicated in the List are classified as potent, but also any drugs, no matter what brand names they are indicated , which include the substances listed in the named List in combination with pharmacological inactive components. In other words, drugs classified as drugs containing one active component – a potent substance.

Olympics: Japanese speed skater reportedly disqualified after failed drug test

Study also the List of Narcotic Drugs and Psychotropic Substances, approved by the Government Decree of June 30, 1998 No. 681.

June 25, 2008.

question number 1115

Elena asks:

Hello.

Tell me where you can get acquainted with the judicial practice in cases under Article 234?

Is there any information on the sentences passed under Article 234 for 2007-2008 (Lida drug)?

Answers the head of the paragraph:

Hello. I am not aware of any generalizations of judicial practice under Article 234 of the Criminal Code, including cases of dietary supplements with sibutramine. It looks like there are no such materials, or these are outdated and fragmentary reviews.

As a rule, information about cases under section 234 flashes in generalizations of practice in drug cases.

It is necessary to look at the sites of regional and equivalent courts. There are isolated cases.

There is an interesting example in Primorsky Krai.

12.11.04. Pervomaisky court sentenced previously unconvicted Sh. For committing a crime under Part 3 of Art. 30, Part 1 of Art. 234 of the Criminal Code of the Russian Federation to 6 months of correctional labor with a deduction from the wages of a convicted person in income to the state 10%, on the basis of Art. 73 of the Criminal Code of the Russian Federation, the punishment is considered conditional with a probationary period of 6 months. See http://www.crime.vl.ru/index.php?p=981&more=1&c=1&tb=1&pb=1

On our site – “mercury business”.

See also in the section “Consulting” subsection “potent”. There are many living stories.

06/23/2008.

question number 1085

Anyuta asks:

Hello! I am an individual entrepreneur, I carry out my activity on the basis of a license for pharmaceutical activity. 01.24.08, in the premises of my pharmacy, drug control officers carried out a provocative purchase of lek. drug MERIDIA 0.015 mg No. 28 in a quantity of 1 piece (weight of sibutramine – 0.42 g). The dispensing of the drug was carried out by the pharmacist of the pharmacy, under the influence of the urgent requests of the purchaser (the drug control employee), while, in the process of persuasion, the pharmacist asked me, as the director of the pharmacy, to explain to the customer that the pharmacy cannot dispense the drug without a doctor’s prescription. As a result, despite my explanations, my employee succumbed to persuasion – a criminal case was opened against us under Part 2, Article 234 of the Criminal Code of the Russian Federation. During the investigation, our lawyer initially took the position of proving the provocation on the part of drug control officers. Not understanding how it is possible to prosecute employees of a pharmacy institution working on the basis of a license, I sent inquiries to the Ministry of Social Development, Roszdravnadzor, and the manufacturer of the medical clinic MERIDIA. In the replies received, it was said that a special license for the right to work with potent substances was not required. The investigation ignores all the facts presented by me that I was not involved in the illegal circulation of the potent substance sibutramine. On April 23, 2008, a decision was made to terminate the criminal prosecution in respect of the provisions that sold MERIDIA, t. drug control recognized the provocation. At the same time, the investigator in relation to me re-qualified the case from Part 2 to Part 1 of Article 234, without explaining the reason. After my complaint, addressed to the prosecutor of the republic, the investigation on 06/02/08 canceled the decision to terminate the criminal prosecution of my pharmacist, arguing that it turned out that 3 witnesses (who were not actually in the pharmacy at the time of sale) were not interviewed, which are necessary for the comprehensiveness and objectivity of the investigation. ” Tell me what to do next in the current situation.

The lawyer Vasily Alexandrovich Ocheret answers:

Dear Anyuta!

The List of Potent Substances for the Purposes of Article 234 and other Articles of the Criminal Code of the Russian Federation, approved by Decree of the Government of the Russian Federation No. 964 dated December 29, 2007, includes Sibutramine, as well as its structural analogs that have a similar psychoactive effect, a substance weighing over 0 is recognized as large , 5 g.

Thus, the drug Meridia, which contains Sibutramine as the only pharmacologically active substance, is a potent substance.

Previously, the PKKN did not include the drug Meridia itself in the “Lists of Potent and Poisonous Substances” approved at the meeting of the PKKN on 02.02.2007, Protocol No. 1 / 106-2007 (as amended on 26.02.2007). At the same time, the PKKN Lists include tablets and (or) capsules containing sibutramine in any dosage in combination with other medicinal or pharmacologically active substances, as well as food additives (dietary supplements) containing sibutramine.

As for the licensing of activities related to the circulation of potent substances, it should be said here that not a single federal regulation provides for the need to obtain a special license to work with substances included in the Lists of Potent and Poisonous Substances, periodically approved by the Standing Committee on Drug Control. or included in the “new” Lists approved by the Decree of the Government of the Russian Federation of December 29, 2007 No. 964.

Indirectly, additional special requirements were established earlier, for example, in relation to potent drugs. Thus, in 2002, the “Regulations on the licensing of pharmaceutical activities and wholesale trade in medicines and medical products”, which was approved by the Decree of the Government of the Russian Federation of 05.04.99, No. 387, which became invalid in 2002, provided for the need for a special conclusion of the internal affairs bodies on technical the readiness of the premises for storing poisonous and potent substances, including the presence of a security alarm (paragraph 4.Z). Depending on this, the license for pharmaceutical activities indicated (or did not indicate) the organization’s right to work with these substances..

However, in the future, in the “Regulations on the licensing of pharmaceutical activities”, approved by the Government of the Russian Federation from 01.07.2002, No. 489 (as amended on 04.02.2003), no additional restrictions on the work with these drugs were also established. There are no such restrictions in the Federal Law of 22.06.98 No. 86-FZ “On Medicines” (as amended on 18.12.2006) and in the current “Regulation on the licensing of pharmaceutical activities” approved by the Decree of the Government of the Russian Federation of 06.07.2006, No. 416.

Federal Law No. 128-FZ of 08.08.2001 “On Licensing Certain Types of Activities” (as amended on 06.12.2007) also does not contain the requirement for compulsory licensing of activities related to the circulation of potent substances. And according to paragraph 3 of Article 17 and paragraph 2 of Article 18 of this Law, the types of activities not specified directly in this Law are not subject to licensing..

It can be concluded that the requirement for compulsory licensing of activities related to the circulation of potent substances is not established by the current legislation.

According to the established practice, currently all licenses for pharmaceutical activities are issued with the right to work with potent and toxic substances or without it. As a rule, the lack of the right to work with potent substances is directly spelled out in the license for pharmaceutical activities. In this case, it is difficult to predict what position the judicial authorities will take if a pharmacy whose license explicitly states “without the right to work with potent and toxic substances” sells drugs from the above Lists.

In your situation, it should be assumed that the drug was sold not by you, but by the pharmacist of the pharmacy. Thus, responsibility for illegal marketing under Part 1 of Art. 234 of the Criminal Code of the Russian Federation may be subject to a person who directly illegally sold a potent substance. However, I do not know all the circumstances of your case, I cannot tell you anything more. I believe that you or the pharmacist of the pharmacy should contact a lawyer to provide legal assistance in resolving this issue.

Respectfully yours, lawyer of the Moscow City State Architectural Association “Lefortovo” No. 9 Ocheret V.A..

June 17, 2008.

Answers the head of the paragraph:

To what V.A. Ocheret said, I would like to add that there is every reason to appeal the initiation of a criminal case under the first part of Article 234 of the Criminal Code to the prosecutor.

In this case, in my opinion, the following argumentation of the illegality and groundlessness of criminal prosecution is applicable.

Part one of Article 234 of the Criminal Code (as well as parts two and three) provides for liability for illegal circulation of potent and poisonous substances aimed at selling them. Since the object of criminal encroachment is public health and public morality (Article 234 is in section 25 of the Criminal Code “Crimes against public health and public morality”), the intent of a person who illegally sells potent substances should be aimed at removing potent substances from legal circulation into the sphere illegal use.

Actions related to the legal circulation of potent and poisonous substances, including their sale for legal purposes, may entail criminal liability only if the regulatory requirements were violated and the violations committed resulted in the theft of these substances or causing substantial harm. In the absence of negative consequences of violation of the rules for the legal circulation of the aforementioned substances, criminal liability does not entail.

There are no grounds to assert that you sold Meridia for illegal use. So even if you hypothetically violate any rules, if this violation led to the theft of chloroform or caused significant harm, criminal liability would arise under part four of Article 234, but not under parts one or three..

The fact that you acted for legal purposes is confirmed by the presence of a pharmaceutical license. The sufficiency of such a license, regardless of the indication of the right to sell potent substances, is convincingly shown in the answer of the lawyer Ocheret.

There is no doubt that the prosecutor should also be asked about the adoption of measures of prosecutorial response to the investigating authorities in connection with their violation of the prohibition of provocation of a crime (Article 5 of the Federal Law “On Operational-Investigative Activities”).

June 17, 2008.

question number 1041

Kirill asks:

Hello, I am a powerlifter and I wanted to order a drug from the USA, composition

whom:

1, 4 Androstadiene-3, 17- Dione

On what grounds will the customs not let him through? This is for personal use.

Answers the head of the paragraph:

Hello. Boldion (androst-1,4-diene-3,17-dione) is on the List of Potent Substances, approved by Decree of the Government of the Russian Federation of December 29, 2007 No. 964. As far as I understand, this is the same drug as the one you are talking about you ask. In any case, in addition to those directly listed in the List, strong substances include their esters and ethers, salts, isomers (if any), as well as all mixtures and solutions containing these substances, regardless of concentration.

Boldion is included in the List of anabolic agents (anabolic androgenic steroids) that are always prohibited (both in-competition and out-of-competition), which is part of the International Convention against Doping in Sport.

Boldion is not included in the nomenclature of potent substances approved by the Decree of the Government of the Russian Federation of August 3, 1996 No. 930 (as amended in 2007).

With regard to potent substances, both actions aimed at distributing (selling) them (article 234 of the Criminal Code) and their smuggling are punishable. movement across the customs border, including of potent substances for which special rules for movement are established – article 188 of the Criminal Code.

Taking into account the fact that the import of boldion into the Russian Federation is not provided for, and it is classified as a completely banned drug by an international treaty, complicity in moving it across the border of the Russian Federation does not exclude criminal liability under Article 188 of the Criminal Code..

06/02/2008.

question number 957

Sergey asks:

Hello) I have a question under article 234. Now I am under investigation, awaiting trial (article 234 part 3) I was caught selling anabolic steroids (deca-durabolin: about 8g, January 25, 2008) And the drug was sold not to an employee of the Federal Drug Control Service, but to a person engaged in sports, as it turned out later, he simply gave me. I know that for some time this drug was not included in the lists of potent things, or rather, as I understand it, there were no lists – in general, in this regard, the question is, when was the article adopted and the lists announced? How long has this list been? What things were included in it, what were not? Separately interested in: testosterone, methandienone, deca-durabolin.

I need a competent lawyer. How to contact you? And what would you advise?

really looking forward to the answer. Thank you

Answers the head of the paragraph:

Hello. Decree of the Government of the Russian Federation of December 29, 2007 No. 964 “On Approval of the Lists of Potent and Poisonous Substances for the Purposes of Article 234 and Other Articles of the Criminal Code of the Russian Federation, as well as Large Size of Potent Substances for the Purposes of Article 234 of the Criminal Code of the Russian Federation” entered into force from the date official publication – January 16, 2008.

Deca-durabolin (nandrolone) and methandienone were also found in the used PKKN Lists (as of 2007).

Testosterone was not on the PKKN Lists. The position 1-testosterone (dihydroboldenone) appeared in the government List (approved by the Decree of December 29).

Since in the same Government List all isomers of substances included in the List are classified as potent substances, it is believed that testosterone should also be considered a potent substance..

Since January 16, 2008, criminal cases under Article 234 of the Criminal Code are initiated on the basis of a note to this article, according to which the lists of potent and poisonous substances, as well as the sizes of potent substances for the purposes of Article 234 of the Criminal Code, are approved by the Government of the Russian Federation.

For more information on the situation with potent substances, see answers 858, 921 and in general consultations of the corresponding section.

05/12/2008.

question number 949

Asks nnm:

Hello. Purchased GBL exclusively for industrial purposes (as a solvent). I got it legally – I have all the invoices and documents. Then I found out that it was banned for circulation and that problems with the organs could arise. Tell me how to prove that I did not use it as a drug?

Answers the head of the paragraph:

Hello. Gammabutyrolactone is included in the list of potent substances approved by Decree of the Government of the Russian Federation No. 964 dated December 29, 2007. Responsibility is established only for illegal acquisition, storage and other actions with potent substances committed for the purpose of their sale, as well as for the illegal sale itself (Article 234 of the Criminal Code RF). Acquisition and storage of potent substances, including GBL, without the purpose of marketing is not punishable.

05/09/2008.

question number 943

P.R.I. asks:

Hello!

I tried to study the materials of your site as accurately as possible, however, I would like to receive a comment applicable specifically to my situation.

I am the head of a company that sells chemical reagents (not drugs and medical devices!). We supplied three kilograms of chloroform for the state research institute. All sales documents are in order. Currently, a criminal case has been opened against me under Art. 234 h. 3 of the Criminal Code of the Russian Federation.

As far as I understand, the marketing of chloroform as a reagent in the Russian Federation is not prohibited or licensed. We fulfill the requirements for its circulation as a precursor. We have not found any additional requirements for the circulation of chloroform as a “potent” one in the current legislation (as I understand it, they do not exist). Of course, I cannot get an intelligible answer to the question “what is the essence of the“ illegality ”of selling? Please comment on the validity of the claims.

Answers the head of the paragraph:

Hello!

Chloroform is included in the List of Potent Substances for the purposes of Article 234 and other articles of the Criminal Code of the Russian Federation, approved by Decree of the Government of the Russian Federation No. 964 dated December 29, 2007. In a legal sense, chloroform is not a precursor.

Further I will quote from the answer of the director of the law firm “Yuriko-94” MI Milushin, since I fully share this point of view. Reply dated February 11 this year. posted in the “Medicine and Pharmaceuticals” section of the ConsultantPlus legal framework:

“In the“ Regulations on the licensing of pharmaceutical activities ”, approved by the Government of the Russian Federation of 01.07.2002 N 489 (as amended on 04.02.2003), no additional restrictions on the work with these drugs were also established. There are no such restrictions in the Federal Law of the Russian Federation of June 22, 98 N 86-FZ “On Medicines” (as amended on December 18, 2006) and in the current “Regulation on the licensing of pharmaceutical activities” approved by the Resolution of the Government of the Russian Federation from 06.07.2006 N 416.

Federal Law of the Russian Federation of 08.08.2001 N 128-FZ “On Licensing Certain Types of Activities” (as amended on 06.12.2007) also does not contain a requirement for mandatory licensing of activities related to the circulation of potent substances. And according to paragraph 3 of Article 17 and paragraph 2 of Article 18 of this Law, the types of activities not specified directly in this Law are not subject to licensing..

Based on the foregoing, we can conclude that currently the requirement for compulsory licensing of activities related to the circulation of potent substances is not established by the current legislation. “

http://base.consultant.ru/cons/cgi/online.cgi?req=doc;base=MED;n=28487;div=LAW;mb=LAW;opt=1;ts=DA0F4680C194384A021962A48EB5BC04;dst=0; offs = 0

You have the right to appeal against the initiation of a criminal case in court in accordance with Article 125 of the Code of Criminal Procedure of the Russian Federation.

And the FSKN should publicly explain its requirements for activities involving the use of potent and poisonous substances, and not catch people for violating unknown rules, more precisely – for “violation” of departmental interpretation .

It seems doubly unlawful to initiate a case under part three of Article 234 of the Criminal Code.

Part three of Article 234 of the Criminal Code (as well as parts one and two) provides for liability for illegal circulation of potent and poisonous substances aimed at selling them. Since the object of criminal encroachment is public health and public morality (Article 234 is in section 25 of the Criminal Code “Crimes against public health and public morality”), the intent of a person who illegally sells potent substances should be aimed at removing potent substances from legal medical or industrial turnover in the sphere of non-medical illegal use.

According to the fourth part of Article 234 of the Criminal Code, actions related to the legal circulation of potent and poisonous substances, including their sale for legal purposes, are punished, if the regulatory requirements were violated and the violations committed resulted in the theft of these substances or causing significant harm. In the absence of negative consequences of violation of the rules of legal circulation of substances falling under Article 234, criminal liability does not entail.

Presumably, there is no reason to assert that you knowingly sold chloroform for illegal use. You are not responsible for the use of chloroform by the research institute to which you supplied the products.

So even if you hypothetically violate any rules, if this violation led to the theft of chloroform or caused significant harm, criminal liability would arise under the fourth part, and not under part three of Article 234.

05/09/2008.

question number 921

Anna asks:

Hello. I ask for advice. I work as a sales assistant in the health products department. I am not a pharmacist. In our department were sold dietary supplements “LiDa” and “Miaozi” made in China. Documents about the state. registrations were in the department. Around the middle of March, an employee of the Federal Drug Control Service brought a certain document for review, which contained a list of drugs that MAY contain a potent substance – sibutramine. Lida and Miaozi were also on this list. This letter was forwarded by my partner to the director of our department. At the time of reading the letter, the partner asked the FSKN employee several times whether this document is a ban on the sale of the above dietary supplements? He replied that he was not. Later, on March 18, St. Miaozi in 1 pack (contains 60 caps) (This was a test purchase, which we did not know about). On April 10, the same drug was sold by me to the same person who bought it on March 18 (This is the 2nd counter purchase.) Through For a couple of minutes, 5 people entered the department, 2 of whom introduced themselves as FSKN officers, a criminalist and 2 understood. Then they gave me a document in the cat. it was said that on March 18, I sold a citizen to just one package of “Miaozi” (60 capsules), according to the expert examination, containing 17.5 g of sibutramine. (Spectral analysis was done for the presence of this substance.) I think it was present there in much smaller quantities, but they also count the total weight of the package. After that, the officers intended to conduct a search. I voluntarily gave them 8 packs of dietary supplements “Lida”, of which 2 packs were mine, i.e. I paid for them, they were mine and were in a separate place (along with other drugs and creams, which were also my property.) There was no ban on the sale of the above drugs either from the authorities or from any supervisory authorities. I did not know about the existence of the Law prohibiting the sale of dietary supplements LID and Miaozi, no one informed me. I report directly to my director. A criminal case has been opened, where I am going as a suspect and the investigator said that a preventive measure will be given to me without fail. Now I have a recognizance not to leave. They confused me with my partner and on March 18, I did not work. This is confirmed by her painting in the cash book. She was transferred from witness to suspect. I went to the interrogation with a lawyer, but I got the impression that I could perfectly do without him. I knew about the existence of sibutramine, but only under the name MERIDIA. I am three months pregnant, I am very worried about all this. I have a husband and a son 8.5 years old. Tell me what can be done and my further actions. Thank you in advance. Anna

Answers the head of the paragraph:

Hello. Judging by similar cases, the drug control agency has initiated a criminal case against you under part three of Article 234 of the Criminal Code of the Russian Federation.

Is it lawfully initiated, based on the circumstances set out by you?

Since January 16, 2008, the Decree of the Government of the Russian Federation of December 29, 2007 No. 964 “On the approval of lists of potent and toxic substances for the purposes of Article 234 and other articles of the Criminal Code of the Russian Federation, as well as large size of potent substances for the purposes of Article 234 of the Criminal Code of the Russian Federation “. In the list of potent substances approved by this Resolution, there is a position “sibutramine, as well as its structural analogs with similar psychoactive effects”.

According to a note to the list, “all mixtures and solutions containing the substances listed in this list, regardless of their concentration” are classified as potent substances. Consequently, both Lead and other dietary supplements containing sibutramine, regardless of the percentage with other components, were included in the category of substances prohibited for free circulation..

The large size of sibutramine, as well as dietary supplements containing sibutramine, is an amount exceeding 0.5 g.

On these norms, drug control bases the initiation of criminal cases like your.

The drug control position is wrong. You have the right to appeal the initiation of a criminal case as illegal, based on the following:

Part three of Article 234 of the Criminal Code (as well as parts one and two) provides for liability for illegal circulation of potent and poisonous substances aimed at selling them. There is also part four in Article 234, according to which violations of the rules of production, acquisition, storage, accounting, dispensing, transportation or shipment of potent substances are punished. Responsibility for part four occurs only if this entailed the theft of these substances by negligence or causing other significant harm..

The correlation of parts one – three and part four of Article 234 shows that:

1) in parts one through three, deliberate actions aimed at the illegal sale of potent and poisonous substances are punished. Since the object of criminal encroachment is public health and public morality (Article 234 is in section 25 of the Criminal Code “Crimes against public health and public morality”), the intent of a person who illegally sells potent substances should be aimed at removing them from legal medical or industrial circulation in the sphere of non-medical illegal use;

2) under part four, actions related to the legal circulation of potent and poisonous substances, including their implementation for legal purposes, are punished if the regulatory requirements were violated and if the violations committed resulted in the theft of these substances or causing significant harm. In the absence of negative consequences of violation of the rules of legal circulation of substances falling under Article 234, criminal liability does not entail.

There is no reason to assert that you knowingly sold dietary supplements containing sibutramine for non-medical illegal use. You traded as an employee of a specialized organization that legally traded in dietary supplements. As you write, you had official permits for the drugs “Lida” and “Miaozi”. There was no information about the content of sibutramine in these dietary supplements. This product has been widely advertised.

Although, according to the well-known rule, ignorance of the law does not exempt from liability, in your case the situation is different: you could not know about the composition of the drug. You could not use spectral analysis yourself. The presence of sibutramine in dietary supplements was not reported in the annotation.

According to formal legal logic, the distribution of potent substances in violation of the existing order is in itself a crime against public health, i.e. harm to health is presumed. Let’s say that the very fact of the sale of “Lead” entails causing harm. In this case, part one of Article 28 of the Criminal Code is fully applicable in your case, according to which “the act is recognized as committed innocent if the person who committed it did not realize and, due to the circumstances of the case, could not realize the social danger of his actions (inaction) or did not foresee the possibility of social dangerous consequences and according to the circumstances of the case should not or could not have foreseen them “.

Noteworthy is the provocative behavior of drug control officers, who, unlike you and your partner, knowingly knowing that these dietary supplements contain a potent substance, in order to initiate a “crime” for its subsequent successful disclosure, did not inform the organization’s employees about the prohibition of free circulation appropriate drugs. Moreover, they were obliged to inform the management of the organization about the presence of sibutramine in “Lida” and “Miaozi”, demanding that these supplements be removed from sale and warning about responsibility. Thus, it is not you who are subject to responsibility, but the drug police officers who have committed the provocation of the crime for career (i.e. selfish) purposes. If the UFSKN does not provide a copy of the document warning the administration of the organization, there are grounds for contacting the prosecutor with a statement to initiate a criminal case against persons who have abused their official powers under Article 285 of the Criminal Code.

For the successful implementation of these actions, a lawyer would be useful to you, who is not present like furniture during investigative actions, but is ready to take all possible actions to terminate the criminal case against you. Unscrupulous lawyers do not make efforts in this direction, since interested in the transition of the case to the judicial stage, which entails additional fees. Depending on the region of your residence, maybe we could assist you in choosing a defender of high professional qualities and ethically impeccable, who has experience in such cases..

04/22/2008.

question number 909

Alexander asks:

I am the director of an enterprise in Krasnodar with a pharmaceutical license. In 2004 we applied to the drug control for an explanation on obtaining permission to sell precursors and potent substances. Citing the fact that they have no authority, they sent us to the pharmacy department of the Krasnodar Territory, who, in turn, citing the fact that the type of activity is not subject to licensing, sent us to the police to certify the warehouse of chemical reagents. Letters and answers to them are available. All these years we have been legally selling reagents for the laboratories of the region, sending reports on the required forms every month, keeping all the documentation, going through many checks, and receiving a letter of thanks for cooperation signed by the general. And as a result, today I was presented with a ruling under Art. 234 h 3.

Referring to FZ 128, the license does not give the right to sell potent substances, namely chloroform. The implementation was carried out exclusively by medical institutions and was used for laboratory purposes. Advise me where to go and what to do with the absurd accusation.

Answers the head of the paragraph:

Hello.

Federal Law No. 128-FZ “On Licensing Certain Types of Activities” does not provide for special licensing of activities related to certain types of circulation of potent substances.

In accordance with the Decree of the Government of the Russian Federation of March 16, 1996 N 278, under a license issued by the Ministry of Economic Development, the import / export of substances included in the nomenclature approved by the Decree of the Government of the Russian Federation of August 3, 1996 N 930, including chloroform, must be carried out.

Part three of Article 234 of the Criminal Code provides for liability for illegal circulation of potent substances aimed at selling them. There is also part four in Article 234, according to which violations of the rules of production, acquisition, storage, accounting, dispensing, transportation or shipment of potent substances are punished. But responsibility for part four occurs only if this entailed, by negligence, theft of these substances or causing other significant harm.

The correlation of parts three and four of Article 234 leads to the following conclusion:

1) in part three, deliberate actions aimed at the illegal sale of potent and poisonous substances are tren e 200 punished. Since the object of criminal encroachment is public health and public morality, the intent of a person who illegally sells potent substances should be aimed at removing them from legal medical or industrial turnover into the sphere of non-medical illegal use;

2) under part four, actions related to the legal circulation of potent and poisonous substances, including their implementation for legal purposes, are punished, if the regulatory requirements were violated and the deviations from the established rules entailed the theft of these substances or causing significant harm. In the absence of negative consequences of violation of the rules of legal circulation of substances falling under Article 234, they do not in themselves entail criminal liability.

Even if we admit that the licensing or other rules were violated by you as the head of the enterprise, this could entail bringing you to responsibility under part four of Article 234, but only in the event of the occurrence of these negative consequences.

It seems that in the absence of grounds for criminal prosecution, one should appeal the initiation of a criminal case to the regional prosecutor or to the court in accordance with Articles 124 and 125 of the Code of Criminal Procedure..

04/19/2008.

question number 875

Alexander asks:

Do the drugs “Meridia” and “Reduxin” fall under the penultimate and last points of the List of potent substances for the purposes of Article 234 and other articles of the Criminal Code of the Russian Federation, approved. Decree of the Government of the Russian Federation of December 29, 2007 N 964, namely: “All dosage forms, no matter what brand (trade) names they are designated, which include the substances listed in this list in combination with pharmacological inactive components” and “All mixtures and solutions containing the substances listed in this list, regardless of their concentration “, in other words, whether the indicated preparations belong to potent substances. Thank you!

Answers the head of the paragraph:

Meridia and reduxin as medicines containing one active substance – sibutramine, are subject to the penultimate item of the List of Potent.

04/12/2008.

question number 860

Svetlana writes:

good day.

In the news section of March 25, 2008, you cite the text of the RF Constitutional Court Definition of February 7, 2008 N 79-O-O “On refusal to accept complaints from citizens K.A. Amosov, A.M. Firt, D. Yadrikhinsky. V. and Yakovleva Ya. V. for violation of their constitutional rights Article 234 of the Criminal Code of the Russian Federation “. The decision only says that “To refuse to accept citizens’ complaints for consideration …” and “The determination of the RF Constitutional Court on these complaints is final and not subject to appeal.” And as you yourself noted, this decision is not published anywhere.

However, in a number of cases in decisions there are such moments, from which it follows that it “is generally binding and excludes any other … interpretation in law enforcement practice”, as well as “This Definition is subject to publication in the” Collection of Legislation of the Russian Federation “and” Bulletin of the Constitutional Court of the Russian Federation “”, which, as I understand it, is a direct guide to action.

There is nothing of the kind in this definition. Does all this make it possible in this case to appeal to the European Court of Human Rights? Why then did the Government start all this?

Answers the head of the paragraph:

Hello. These are important clarifications. According to Article 15 of the Constitution “any normative legal acts affecting the rights, freedoms and duties of a person and a citizen cannot be applied if they are not officially published for general information.” I believe that this also applies to the decisions of the Constitutional Court.

In a suitcase mood, the Constitutional Court had already packed, apparently, the Constitution, and was composing a decision on Article 234 on the knee. As a result, the Court finally further confused the already ambiguous situation with potent and poisonous substances. Probably, you will have to get to the European Court, which takes time. It would be easier to take and repeal Article 234. The Constitutional Court’s definition does not prevent this.

04/07/2008.

Answers head paragraph

question number 858

Michael asks:

Good day! Author # 685 is writing to you. I showed everything that you wrote to my investigator, to which she gave almost a written answer that no one had canceled the PKKN lists, my lawyer advised me not to write the same petition. We did not write anything and are now awaiting trial on a special order. In our city, 2 people have already been sentenced to 2.5 and 3.5 years. Moreover, they wrote a lot of papers about the illegitimacy of the PKKN lists and nothing. How can you comment on this?

Michael asks:

Hello dear site lawyers!

I have a question about the determination of the Constitutional Court on the constitutionality of Article 234 of the Criminal Code of the Russian Federation. As I understood the COP before 2007. only government decree No. 930 worked, there are no direct references to the PKKN lists, only a mention of expert opinions, the main thing is decree No. 930 of 1996. But it contains neither prohormones nor anabolic steroids. They were added to the PKKN lists in 2003. and 2007 government lists. That is, it turns out that if these are not included in the decree No. 930, then criminal prosecution for the sale of these centuries before 2007 is not legal?

Please clarify the situation.

Yours faithfully

Michael

Answers the head of the paragraph:

Hello. Indeed, in the time that has passed since the publication of the answer to your previous question, the situation has radically changed. Not only the authors of this site, but also the Government of the Russian Federation were unanimous in recognizing the lists of potent and poisonous substances approved by the PKKN as having no regulatory force and not subject to application for the purposes of Article 234 of the Criminal Code. By its very nature, criminal prosecution cannot be carried out for committing actions with undetermined substances, the characteristics of which are not legally defined and the list of which is not approved by the body authorized to issue normative legal acts. All this was substantiated in the most detailed way on our website (see, in particular, answers to questions No. 90, 146, 161, 413).

Despite the validity of our point of view, the Constitutional Court of the Russian Federation took the opposite position, motivated, in my opinion, by the protection of departmental interests.

At the end of March this year. appeared in electronic legal bases Determination of the Constitutional Court of the Russian Federation of February 7, 2008 N 79-O-O “On the refusal to accept for consideration the complaints of citizens Amosov Konstantin Aleksandrovich, Firt Arnold Mikhelevich, Yadrikhinsky Dmitry Vasilyevich and Yakovleva Yana Viktorovna on violation of their constitutional rights by article 234 of the Criminal Code of the Russian Federation “.

The definition, which seems, to put it mildly, erroneous, in fact legalized criminal prosecutions under Article 234 that occurred prior to the entry into force of the government Lists of Potent and Poisonous Substances, including ongoing investigations or pending criminal cases initiated on the basis of the Lists of the PKKN.

The definition states: “By the Decree of the Government of the Russian Federation of August 3, 1996 N 930” On the approval of the nomenclature of narcotic drugs, potent and toxic substances, which are subject to the procedure for import into the Russian Federation and export from the Russian Federation, approved by the Decree of the Government of the Russian Federation of March 16 1996 N 278, as well as quotas for the import (export) of narcotic drugs “(as amended on July 31, 1998 and August 18, 2007), a list (list) of potent substances was approved in accordance with the established regulatory procedure, mandatory for use by all law enforcement agencies.

Decree of the Government of the Russian Federation of August 3, 1996 N 930 was adopted before the entry into force of the Criminal Code of the Russian Federation (from January 1, 1997) and served as a blanket basis for normative regulation of liability for the illegal circulation of potent substances provided for in Article 234 of the Criminal Code of the Russian Federation for marketing purposes. By this Resolution, taking into account expert opinions (including in the form of lists of potent and toxic substances approved by the Standing Committee on Drug Control) regarding the properties of certain specific substances, the degree of their effect on the human body, the amount and other circumstances, the preliminary investigation and courts in the investigation and consideration of criminal cases related to criminal prosecution for the illegal circulation of potent substances. “

Based on the definition of the Constitutional Court, criminal prosecution under Article 234 of the Criminal Code should be unconditionally and indisputably terminated only in relation to persons held liable for trafficking in substances not included in government Lists (ethyl ether, toluene, etc.). Such cases have been dropped (for example, the Sophex case).

You write (question no. 583) that you were persecuted by drug control for sending steroids (nandrolone, methandrostenolone, testosterones and oxymethanol) to another city. The listed substances, as well as a number of others (the same sibutramine), were not included in the list given in Decree No. 930 for 1996. However, in this Decree, starting from its original version of August 3, 1996, there was note 1 with the following content:

“The procedure established by the Decree of the Government of the Russian Federation of March 16, 1996 N 278 also applies to all substances of the specified nomenclature listed in the lists of the Standing Committee on Drug Control, as well as their dosage forms, regardless of brand names and synonyms.”

If we follow the logic of the Constitutional Court of the Russian Federation, which recognized the lists of substances approved by the Government for the purposes of transboundary transportation as the normative basis for applying Article 234 of the Criminal Code to the circulation of these substances, this note can be interpreted as including in the lists of Resolution No. 930 all substances included (and included in subsequent years) in the Lists of the PKKN.

However, it seems correct to interpret this note differently as extending “to all substances of the specified nomenclature” listed in the PKKN Lists, not in the sense of all potent and poisonous substances that supplemented these Lists in subsequent years, but in the sense of other names and forms of each listed in them. of the substances included in the Decree No. 930.

As an illustration of this reading, let us take, for example, the potent substance “bromazepam”.

In the 930th Decree only “bromazepam” is listed. In the List of Potent Substances approved by the PKKN, this position looks like this: “BROMAZEPAM (BROMAZEPAM) … / further its chemical formula / … (BROMIDEM), Deptran, (KALMEPAM), Lectopam, Lesotan, Lexatin, Lexilium (LEXILIUM) , Lexotan (LEXOTAN), Lexotanil, Ro 5-335 “.

Thus, the literal meaning of the note is that under each substance of the list approved by Resolution No. 930, all its modifications and names indicated in the PKKN Lists should be understood.

Otherwise, there would be no need to revise the list of substances listed in the 930th Resolution, as was done by the Resolution of the Government of the Russian Federation of August 18, 2007. It would be enough to indicate that the procedure for the import and export of potent and poisonous substances applies to all substances listed in the Lists of the PKKN.

As a result, the following legal structure is obtained, which could be used by all accused and convicted of trafficking in anabolic steroids and other substances that were not on the list of Resolution No. 930.

1. The Constitutional Court in the Decision of February 7, 2008 recognized that the application of Article 234 of the Criminal Code was possible on the basis of the list approved by the Decree of the Government of the Russian Federation No. 930 in 1996.

2. About the Lists of the PKKN in the Definition of the KS it is said that they should be taken into account along with other expert opinions “regarding the properties of certain specific substances, the degree of their effect on the human body, quantity and other circumstances”, i.e. by themselves, in addition to Resolution No. 930, the PKKN Lists could not and cannot be applied for the purposes of Article 234 of the Criminal Code.

3. Steroids, the turnover of which is imputed to you, were not included in the list of the 930th Ordinance.

4. Note 1 to Resolution No. 930 applies to other forms and names of substances listed in this Resolution, but cannot be interpreted as extending to all potent and poisonous substances included in the PKKN Lists after the publication of Resolution No. 930.

5. Criminal cases initiated under Article 234 of the Criminal Code prior to the entry into force of Resolution No. 964 of December 29, 2007 in connection with illegal trafficking in substances that were not and are not on the list of Resolution No. 930 shall be terminated.

04/08/2008.

question number 847

Dmitry asks:

Hello! The essence of the problem is that I was arrested on 01.30.2008. drug control, when selling the drug Li yes. The fact that it contains sibutramine, which is a potent substance.

A criminal case was opened 234.3.

To date, the drug myridium has left this list, which is a prescription drug of the 107-1 form. If possible, comment on this situation and how to behave. And how legitimate are the actions of this service.

With respect

Answers the head of the paragraph:

Hello. On January 30, 2008, the Decree of the Government of the Russian Federation of December 29, 2007 No. 964 “On Approval of the Lists of Potent and Poisonous Substances for the Purposes of Article 234 and Other Articles of the Criminal Code of the Russian Federation, as well as Large Size of Potent Substances for the Purposes of Article 234 of the Criminal Code of the Russian Federation “. In the list of potent substances approved by this Resolution, there is a position “sibutramine, as well as its structural analogs with similar psychoactive effects”.

In addition, according to a note to the list, “all mixtures and solutions containing the substances listed in this list, regardless of their concentration” are classified as potent substances. Consequently, both Lead and other dietary supplements containing sibutramine, regardless of the percentage with other components, fell into the category of substances prohibited for free circulation. The drug meridia, containing pure sibutramine, is also considered potent, in accordance with the same government list, according to which all drugs that do not contain other active ingredients other than potent substances are automatically classified as potent substances. Complex drugs, which include, in addition to potent, other pharmacological active substances, do not belong to strong substances (unless they are included in the List on a separate line).

The large size of sibutramine, as well as dietary supplements containing sibutramine, is an amount exceeding 0.5 g.

It follows from this that in terms of the qualification of your actions, i.e. in terms of the application of the Criminal Code, the formal legal aspect of the criminal prosecution for illegal circulation of the dietary supplement “Lida” complies with the current law.

In this situation, the defense strategy cannot be based on defending fair, but difficult to prove positions. Yes, drugs containing sibutramine are included in the Potential List without justification. Yes, in itself, criminal prosecution for trafficking in substances that do not cause drug addiction does not meet the public interest and purpose of the Criminal Code. According to the logic of drug fighters, any drug capable of causing harm can be declared “potent” and people can be imprisoned for it like for heroin. It’s crazy, but it’s the law.

The only justifiable way of protection from criminal prosecution under Article 234 of the Criminal Code for the sale of preparations containing sibutramine is the logic of common sense, since formal legal options for protection are extremely difficult (for example, filing a complaint with the European Court) or are simply excluded by the latest legislative decisions (addition of Article 234 of the Criminal Code with a note, the aforementioned Resolution of the Government, Determination of the Constitutional Court of the Russian Federation of February 7, 2008).

Common sense, to which it remains to operate, is as follows. Sibutramine and preparations containing it are prohibited. But is it possible to compare the harm from them with those substances that cause drug addiction and serve to expand the drug market. Lida may be a harmful drug, but certainly not a drug and is not used by drug addicts as a psychoactive substance (in any case, this practice is unknown). The List of Potent Drugs contains substances that are trafficked in the drug-addicted environment (for example, tramadol, phenobarbital, ephedrine). It would be unfair to equate sibutramine with them. It is also important how much you are charged? If it is small, then you can file a petition to terminate the criminal case on the basis of Article 14 of the Criminal Code of the Russian Federation: an action is not a crime, although formally it contains signs of any action provided for by the Criminal Code, but due to its insignificance does not pose a public danger “.

And regardless of the size, it is reasonable to pose the question that the distribution of dietary supplements containing sibutramine is simply incomparable with the distribution of real drugs, so it is extremely strange that drug control authorities spend their resources on the fight against diet pills, which were recently advertised at every step. while drug addiction is such a great threat to society.

04/05/2008.

question number 790

Asks the operas:

Good day! Are there regulations or methods for determining the large size of mercury for qualification under Art. 234 CC?

Answers the head of the paragraph:

Hello. Article 234 of the Criminal Code provides for the delineation of liability for illegal trafficking in potent substances depending on their quantity (size). In terms of liability for illegal actions with toxic substances, a qualifying feature in the form of a large size is not provided. Consequently, actions for the sale and sale of poisonous substances, including mercury, regardless of their quantity (size), are punished under the first part of Article 234 of the Criminal Code, or under part two, if these acts were committed by a group of persons by prior conspiracy. Part three of Article 234 applies if there is an organized group (regardless of the size of the substance involved in the case).

03/21/2008.

question number 776

Maria asks:

Hello! I have read question no. 685 about art. 234 of the Criminal Code of the Russian Federation.

The fact is that my husband was detained by police officers in December 2004 (given 1 year), convicted under Art. 234 of the Criminal Code of the Russian Federation in accordance with the PKKN lists. At that time, after reading the legislation, I came to the conclusion that they did not have the right to use the PKKN lists, on the grounds that their application violates Article 15/3 of the Constitution, etc. literally bombarded the prosecutor’s office with her complaints. My husband’s lawyer did not listen to me (they said that I was talking nonsense). Both cassation and supervision were filed, today I have only to send supervision to the Presidium of the Supreme Court (the last instance). The Judicial Collegium for Criminal Cases of the Armed Forces of the Russian Federation rejected the complaint on the basis that they were heard in a special order, but after all, even if they were heard in a special order, then for the incorrect application of the criminal law, the verdict can still be appealed, right?

And here’s the question: Is it possible for me to achieve the cancellation of the sentences and rehabilitation of my husband due to the release of the government decree in January of this year (it just bothers me a bit that the sentence was passed a long time ago and he has already served)?

Answers the head of the paragraph:

Hello. Your position is absolutely correct. I will not expound here in detail the arguments already stated many times in the previous answers (you are familiar with the answer to question no. 685).

You can (and must achieve!) To seek the cancellation of the sentence and the termination of the criminal prosecution of the husband on exonerating grounds, regardless of any time frame.

March 16, 2008.

question number 775

Anton asks:

Hello. Please explain how to understand the following words of Art. 234 of the Criminal Code of the Russian Federation

“Article 234. Illegal circulation of potent or poisonous substances for the purpose of marketing

1. Illegal manufacture, processing, acquisition, storage, transportation or shipment for the purpose of marketing, … “

I cannot understand whether the storage, acquisition, transportation of potent substances is criminalized if I have committed these actions for the purpose of marketing, or are the storage, acquisition, transportation of potent substances in themselves a criminal offense? Thank you in advance.

Answers the head of the paragraph:

Hello. The doubt is understandable. The condition of the onset of criminal liability “for the purpose of sale” refers to all the actions listed in the disposition of part one of Article 234: manufacturing, processing, acquisition, storage, transportation, shipment, and not just shipment, as you apparently assume.

The rules of legislative technique are such that if the legislator provided for the purpose of sale only for forwarding, the construction “as well as forwarding for sale” would be used.

This and only this understanding of this norm is confirmed by law enforcement practice.

March 16, 2008.

question number 718

Artem asks:

Good day! Please tell me, a criminal case has been opened against me under Art. 234 h. 3 in violation of the Federal Law – 3 “On narcotic and psychotropic substances”. The case is in court. Can I appeal against the decision to initiate a criminal case in accordance with Art. 125 of the Code of Criminal Procedure of the Russian Federation, if the case is in court?

Answers the head of the paragraph:

Hello. After the transfer of the criminal case to the court, it is impossible to appeal against the decision to initiate a criminal case in accordance with Article 125 of the CCP. According to the position of the Constitutional Court of the Russian Federation, which has repeatedly considered this issue, after the transfer of the criminal case with the indictment to the court, the verification of the legality and validity of the initiation of the case and the acts adopted during the preliminary investigation is carried out by the court considering the criminal case on the merits (see, for example, Determination of the Constitutional Court of the Russian Federation dated March 16, 2006 No. 79-О).

Article 234 of the Criminal Code, which provides for liability for illegal traffic in potent and toxic substances, is not applicable to actions committed before January 16, 2008. A criminal case initiated under Article 234 of the Criminal Code prior to this date is in any case subject to termination on exonerating grounds, since The PKKN lists, according to which certain substances were recognized as potent or poisonous, are illegitimate, and the new government Lists can only be applied to acts committed after the publication of the Decree of the Government of the Russian Federation of December 29, 2007 (i.e. starting from January 16, 2008) … The law establishing responsibility has no retroactive effect, and no one can be held responsible for an act that at the time of its commission was not recognized as an offense (Article 54 of the Constitution of the Russian Federation).

For more details, see the answer to Mikhail’s question No. 685.

07.03.2008.

question number 715

Alexander asks:

Hello. Explain to me, please, can a private person purchase and use the solvent trichloromethane (aka chloroform) for any production? By virtue of Article 234 of the Criminal Code of the Russian Federation, what responsibility does a legal entity bear when it sells the above chemicals to a private person? What documents are required for a private person (license, etc.) to use chloroform for their own purposes? Thank you in advance for your reply.

Answers the head of the paragraph:

Hello. Chloroform is included in the List of Potent Substances, approved by the Decree of the Government of the Russian Federation of December 29, 2007 No. 964.

Activities related to the circulation of potent substances are subject to licensing in the part related to pharmaceutical activities, production of medicines, medical activities (Federal Law “On Licensing Certain Types of Activities”). In these areas, an individual is not entitled to engage in production related to the use of chloroform without a license..

Purchase and storage of chloroform for personal use, i.e. for purposes unrelated to the above production activities and marketing (trade, distribution), does not entail either criminal or administrative liability.

In pharmacies, drug wholesalers and medical institutions, chloroform is subject to quantitative accounting (Order of the Ministry of Health and Social Development of February 12, 2007 No. 109).

Importation into and export from the Russian Federation is subject to the requirements established by decrees of the Government of the Russian Federation of March 16, 1996 No. 278 and of August 3, 1996 No. 930 (as amended by the Resolution of the Government of the Russian Federation of August 18, 2007).

06.03.2008.

question number 710

A citizen of Russia writes:

For almost a year now, the gentlemen from the drug control have been openly mocking and shaking my nerves. and for what? for the fact that I bought and took my mother an anesthetic drug tramal. Well, of course, this is sales! I must also say that in the first two months of the “check” they openly extorted money. I did not give them money and now they have opened a criminal case under Art. 234. I had to run around the lawyers – a person passed 5. The result: all the lawyers have friends in the Federal Tax Service and everyone can close the case for $ 30,000. Conclusion – continuous bribe-takers work in the FSK! it is clear why they are initiating cases – to snatch more! and they are considered law enforcement!!!

Answers the head of the paragraph:

Hello. The Public Verdict Foundation provides legal assistance to citizens who have suffered from illegal actions of law enforcement agencies. One of the main forms of support is to attract a bona fide lawyer at the expense of the fund, whose task, depending on the circumstances of the case, is to suppress illegal actions of police officers (or drug police) and bring them to justice.

On the main page of our site there is a link (banner) to the site of the “Public Verdict”, where you can get acquainted with the activities of the fund.

I recommend that you contact the Public Verdict. Write a free-form statement, state the circumstances of the case.

Fund address: 101000, Moscow, Kolpachny lane, 7/2.

Art. metro station “Chistye Prudy”, “Turgenevskaya”, “Kitay-Gorod”.

Tel. (7 495) 540-68-51 Fax (7 495) 540-68-52

E-mail: info@publicverdict.org

www.publicverdict.org

Andarine (S4) – iSARMS.com

If you live in Moscow or the region, it is better, having phoned in advance, to submit an application with copies of documents at a personal appointment. In the cities of Nizhny Novgorod, Syktyvkar, Ryazan, Novokuznetsk, there are partner organizations of the fund, you can contact through them (for coordinates see http://www.publicverdict.org/ru/about_us.html). From other regions, send the application by mail.

06.03.2008.

question number 699

Roman asks:

Good day. Continuing to letter 682.

That is, Miridia, Reduxin and Lindaxa, in accordance with the decree that came into force, are potent substances. Then it turns out that all pharmacies that do not have a license, which gives the right to work with ADD, dispensing these drugs to the population violate Article 234 of the Criminal Code of the Russian Federation. In your opinion, can pharmacists who sell Myridia, Redux and Lindaksa from pharmacies, without a license to work with ADD, be prosecuted under Article 234 of the Criminal Code of the Russian Federation? Are these drugs subject to withdrawal from such pharmacies?.

Answers the head of the paragraph:

Hello.

A cavalry attack in this case seems unacceptable, since it can not only bring unjustified humiliation and suffering to pharmacists, but also undermine the authority of the drug control authorities (unfortunately, the FSKN has experience of abuse of repressive functions).

Bringing the activities of pharmacies in line with the Government Decree of December 29, 2007 No. 964 is an objective necessity. At the same time, it should be taken into account that the organization and implementation of control and supervision in the sphere of drug circulation is within the competence of Roszdravnadzor and, in terms of regulatory regulation, the Ministry of Health and Social Development. It is Roszdravnadzor and its territorial divisions that are responsible for the timely adjustment of the work of pharmacies, taking into account changes in the Lists of Potent Substances. As for the drug police, according to the Decree of the President of the Russian Federation of July 28, 2004 No. 976, the Federal Drug Control Service “controls the activities of legal entities and individual entrepreneurs in the field of trafficking in narcotic drugs, psychotropic substances and their precursors and, within its competence, in the field of trafficking in potent substances. “.

A significant difference in the control powers of the drug police in relation to potent substances in comparison with narcotic drugs and psychotropic substances is that the Federal Drug Control Service exercises control over legal traffic and counteracts illegal drug trafficking, while in relation to strong substances, the Service is responsible only for activities aimed at suppressing illegal traffic.

Until January 16, 2008, the medicines listed by you were in free over-the-counter sale. On January 16, the government’s List of these substances was published, after which, as you know, a tense situation developed in connection with its erroneous interpretation as prohibiting the over-the-counter circulation of vital drugs. This is largely due to the form of the Lists chosen by the Government. The difference between the PKKN and the Government Lists is that the PKKN List included all synonyms and trade names of substances, while the Government List contains only the main names without specifying specific drugs. Although pharmacists, as having a special education, must distinguish between pharmacologically active and inactive drugs, the Resolution No. 964 for its correct understanding requires not only pharmaceutical, but also legal knowledge.

It should also be noted that the leaders of the Federal Drug Control Service, willingly or unwillingly, misinformed the population, including pharmacy workers, by spreading a distorted interpretation of the Lists. In particular, the Deputy Director of the Service Alexander Fedorov told reporters that “drugs that are currently sold without a prescription in the usual way, but contain a small amount of potent and toxic substances, will be sold in the same order, without a prescription.” From the very text of the Lists, something else follows. It does not matter how much of a potent substance is included in the drug. Its composition is important: is the drug combined, including, in addition to the controlled substance, other active ingredients.

In such a situation, it is quite natural for pharmacists to expect official explanations from Roszdravnadzor. The drug control authorities have the right, of course, to advise the management of pharmacies about the new requirements, but there are no grounds for initiating criminal cases.

According to Article 24 of the Criminal Code of the Russian Federation, a person who committed an act intentionally or through negligence is recognized as guilty of a crime. It is obvious that there is no intent for the illegal sale of potent substances from pharmacists who are not informed about which specific drugs should be withdrawn from sale, and who have not timely stopped the completely legal release of sibutramine dosage forms.

A certain transitional period for drugstore chains and government agencies to decide on new rules requires common sense.

In the future, the enforcement of Article 234 of the Criminal Code in relation to pharmacists and other pharmacy workers who have violated the rules of the legal circulation of potent substances is possible only in cases where the violations have led, through negligence, to the theft of substances or caused other significant harm (i.e., in part four article 234 of the Criminal Code). The last remark, of course, does not apply to cases of sale of potent and poisonous substances, deliberately aimed at their non-medical use and inclusion in illegal circulation..

The resolution of issues on the withdrawal of potent substances from pharmacies in cases where the pharmacy does not have the appropriate permission to dispense this kind of drugs is within the competence of Roszdravnadzor..

28.02.2008.

question number 685

Michael asks:

Hello, the author of question No. 583 writes to you, today the investigator who is conducting my case called me and said that I would be charged under Article 234, part 3, according to the PPKN lists, to my question that they were not legal, I was the answer is given that everything is legal, how should I behave with further ?? If you can give a link to the bill proposed to the State Duma by the Federal Drug Control Service, thank you.

Answers the head of the paragraph:

Hello. Any case initiated under Article 234 of the Criminal Code prior to the publication of the Lists of Potent and Poisonous Substances approved by the Government of the Russian Federation (that is, before January 16 of this year) was initiated illegally. The FSKN also officially recognized the illegitimacy of the previously used PKKN Lists, while continuing to institute thousands of cases under this article as if nothing had happened..

A criminal case initiated before January 16, 2008 on grounds of committing a crime under Article 234 of the Criminal Code shall in any case be terminated on exonerating grounds, since The PKKN Lists are illegitimate, and the new government Lists can only be applied to acts committed from that date. The law establishing responsibility has no retroactive effect, and no one can be held responsible for an act that at the time of its commission was not recognized as an offense (Article 54 of the Constitution of the Russian Federation).

The absence of the lists of potent substances approved by the authorized body was the human chorionic gonadotropin online 20 hcg hormone only reason for the adoption of the Federal Law of November 4, 2007 No. 252-FZ, according to which the Lists of potent and poisonous substances for the purposes of the Criminal Code are approved by the Government of the Russian Federation.

The lists of the Standing Committee on Drug Control were null and void, since were not a normative legal act, were not registered with the Ministry of Justice. PKKN has never been a state body and for many years is not even an expert structure under the Ministry of Health, which it was once considered to be. According to the State Register of Legal Entities, PKKN in its organizational and legal form is a non-profit organization.

In order to improve the situation and revive Article 234, which was used unlawfully, it was the Federal Drug Control Service that prepared and submitted to the Government the draft of the above-named law, in the explanatory note to which it was noted:

“The establishment of lists of any substances for the purpose of bringing to criminal liability is associated with the restriction of the rights and freedoms of citizens, in connection with which the approval of such lists by a non-profit organization does not comply with the requirements of Article 55 of the Constitution of the Russian Federation.

At the present time (i.e. at the time of the introduction of the bill – L.L.), it is virtually impossible to prosecute persons who have committed crimes related to the illegal circulation of strong or poisonous substances, since a different list of these substances in order to prosecute for crimes provided for by Article 234 of the Criminal Code of Russia, except for the Lists of PKKN, not available. “

It is important to emphasize that the project was developed by the Federal Drug Control Service. The explanatory note, the quotation from which is given above, in the summer of 2007 was submitted to the Duma by the Government of the Russian Federation in a package with a bill on the addition of Article 234.

You can print the bill (which has already become law) and an explanatory note to it from the official website of the State Duma http://asozd.duma.gov.ru

Since the project in connection with the completion of work on it was moved to the archive of the previous convocation, it is located at:

http://asozd.duma.gov.ru/arhiv/a_dz.nsf/ByID/BFA6864BADD84E9EC325731C0038DF51/$File/454790.rtf?OpenElement

explanatory note: http://asozd.duma.gov.ru/arhiv/a_dz.nsf/ByID/B3BBA6F2D3D7C9F9C325731C0038E6FA/$File/454790%D1%8F.rtf?OpenElement

I believe that it would be correct to submit to the investigator a written request to terminate the criminal case with the above argumentation and the attachment of these documents, indicating their e-mail address (so that the investigator could independently open official documents on the Duma website).

Attempts to legitimize the PKKN Lists usually appeal to one document – Decree of the Government of the Russian Federation of August 3, 1996 No. 930 “On the approval of the nomenclature of narcotic drugs, potent and poisonous substances, which are subject to the procedure for importing into the Russian Federation and exporting from the Russian Federation, approved by the Decree of the Government of the Russian Federation. Federation of March 16, 1996 No. 278, as well as quotas for the import (export) of narcotic drugs “(see in the previously valid version).

The name alone shows that the nomenclature of substances approved in order to streamline their cross-border import and export is not a list of potent and poisonous substances for the purposes of the Criminal Code. The fact that the Lists of the PKKN and the nomenclature of the 930th Resolution are completely different lists is evident from the fact that the Lists of the PKKN (as of June 1, 1998) and the nomenclature (as amended on July 31, 1998) did not coincide. Meanwhile, the criminal prosecution was carried out not according to Resolution No. 930, but according to the Lists of the PKKN.

The assertion (voiced by individual representatives of the Federal Drug Control Service) that until January 16, 2008 the PKKN Lists were not used as the only list of potent and poisonous substances, but in each case an independent expert study was carried out, is simply false. After all, the criteria on the basis of which one or another substance could be classified as potent and poisonous never existed..

February 26, 2008.

question number 682

Unknown asks:

A question from a representative of the Federal Drug Control Service. Dear colleagues (in the sense of lawyers), please explain, such drugs as “Miridia” and “Reduxin” fall under the wording of the penultimate paragraph of the List approved by the Government Decree of December 29, 2007 – “all dosage forms, no matter how branded (trade ) they were not named by their names, which include the substances listed in this list in combination with pharmacological inactive components “, in other words, can these drugs be classified as potent substances, according to the specified List?

Are there any regulatory legal acts or other documents, according to which it is possible to distinguish pharmacologically inactive components from pharmacologically active ones, evaluating them through the prism of the penultimate point, or such a division is possible only after a certain study of a particular drug by the relevant specialists?

Answers the head of the paragraph:

Hello. The list of potent substances for the purposes of Article 234 and other articles of the Criminal Code of the Russian Federation, approved by the Decree of the Government of the Russian Federation of December 29, 2007 No. 964, refers to potent substances “all dosage forms, no matter what brand (trade) names they are indicated, which include those listed in of this list of substances in combination with pharmacological inactive ingredients. ” Since the List contains the item “sibutramine, as well as its structural analogs with similar psychoactive effects,” meridia and its Russian synonym reduxin fall under this List wording, since they include only one pharmacological active substance – sibutramine.

There is no normative legal act containing the definition of pharmacological active and pharmacological inactive components..

With regard to registered medicinal products distributed through pharmacies and pharmacies, the question of the composition of the drug in terms of the presence of potent substances in it should be decided on the basis of the information contained in the instructions for medical use of the drug, which should indicate its composition. If the drug contains one of the potent substances included in the List, it should be determined whether the drug is combined, i.e. whether it contains other active ingredients. It is obvious that the presence in the composition of the drug, in addition to a potent substance, only such fillers as sugar or talc, means that this medicine belongs to potent substances. It should be borne in mind that the penultimate paragraph of the List of Potent Substances applies only to drugs. The classification of drugs, depending on the presence of potent components in them, does not fall within the competence of the drug control authorities. According to the Federal Law “On Medicines”, such activities are carried out by other bodies: “state regulation of relations arising in the field of drug circulation is carried out by the federal executive body, whose competence includes the functions of developing state policy and normative legal regulation in the field of drug circulation. funds, by the federal executive body, whose competence includes the implementation of state control and supervision in the field of drug circulation, by the federal executive body exercising the functions of providing public services, managing state property and law enforcement functions, with the exception of the functions of control and supervision, in the sphere of drug circulation, and the executive authorities of the constituent entities of the Russian Federation. “

Thus, in relation to drugs, there is no need for additional research to determine if they are classified as potent substances..

It seems impossible to be held liable under Article 234 of the Criminal Code for actions aimed at marketing or marketing “structural analogues” of sibutramine, if the drug for which such an analogy is identified is a registered drug. It is not the responsibility of pharmacists and other persons selling or other forms of distribution of medicinal products to determine the structure of the medicinal product and test its effect on the human body. This remark (in the part of “structural analogs”) applies not only to drugs, but also to other drugs for which there is no information on their analogy and similarity with sibutramine. Obviously, this rule is formulated incorrectly and can hardly be applied.

02/21/2008.

question number 637

Michael writes:

Hello!

This is Michael again. Thank you for your answer # 631, but you are wrong androlone is an anabolic steroid and has been on the pkkn list for a long time, but it is definitely not an androgen. By the way, pharmacies sell testosterone propionate, so thanks for the information, the question disappeared by itself.

Yours faithfully.

Answers the head of the paragraph:

Dear Michael. You are probably right. But in response 631, pointing out that androlone is the trade name for testosterone propionate, I did not proceed from pharmaceutical knowledge, but solely from regulatory documents. In the Coded Nomenclature of Medicines for the Treatment of Malignant Neoplasms (approved by Order of the Ministry of Health of the Russian Federation No. 135 dated April 19, 1999), in the section “Preparations for hormone-immunotherapeutic treatment of malignant neoplasms” (subsection “Hormonal preparations and antihormones”), androgens are classified as Androlon, as a synonym for which testosterone propionate is indicated).

10.02.2008.

question number 631

Michael asks:

Hello!

I would very much like to know if propionate and its esters are included in the new lists of potent testosterone substances?

Thanks in advance for your reply.

Regards, Mikhail

Answers the head of the paragraph:

Dear Michael. I believe that testosterone propionate is subject to the new Lists of Potent and Poisonous Substances, approved by Government Decree No. 964 of December 29, 2007, with all the ensuing consequences (see article 234 of the Criminal Code of the Russian Federation).

There is an entry “androstanolone” on the Government List of Potential Drugs. One of the main synonyms for androstanolone, according to the PACN Lists, is androlone, which in turn is the trade name for testosterone propionate.

06.02.2008.

question number 622

Pavel asks:

Hello, please help. The wife works in the pharmacy at the first table, that is, dispenses medicines. The pharmacies were not informed of the lists of potent substances. She was detained for selling Zaldiar (contains tramadol). 10 packages of zaldiar were seized from the pharmacy. They want to impute Art. 234 p3. Please advise what can be done in this situation. Sincerely. Paul.

Answers the head of the paragraph:

Hello. Specify when your wife was detained. If before January 16, 2008, then this is in any case a clear lawlessness.

If this happened on the 16th and after, it is more difficult to insist on the illegality of the application of Article 234 of the Criminal Code (although, despite the lists approved by the Government, the constitutionality of Article 234 remains doubtful).

In any case, drug control officers are mistaken about Zaldiar. This medicine is not subject to the Government Decree of December 29, 2007, as, according to the Lists, it cannot be considered potent.

A separate line of zaldiar is not included in the Lists. The active substances in this drug are tramadol (included in the List of Potent) and paracetamol.

There are two final positions on the List of Potential:

1) “all dosage forms, no matter what brand (trade) names they are designated, which include the substances listed in this list in combination with pharmacological inactive components”;

2) “all mixtures and solutions, which include potent substances, regardless of ?? x concentration”.

From a systematic reading of these points, it follows that drugs that combine potent substances on the List and other active ingredients are not considered potent in the sense of a government decree. That is why the same valocordin did not fall into the category of potent ones, the active components of which are, in addition to phenobarbital (a potent substance), ethyl bromoisovalerianate, mint and hop oils.

The FSKN leaders are lying when they say that valocordin and corvalol are not considered potent due to the small amount of phenobarbital. The explanation for this is different: it is not a small matter, but the presence of other pharmacological active ingredients in the composition of the drug.

You should file a complaint with the prosecutor of the appropriate level (depending on what level the FSKN department carried out the operation in relation to your wife).

02/04/2008.

question number 619

Roman Alekseevich asks:

Hello!

Please tell me if you know what are the rules for the circulation of gamma butyrolactone (potent) between legal entities. It so happened that at the time of the release of the Government Decree, there was, and still is, about 10 tons of this substance in the warehouse of the organization. How to sell it, we still cannot understand.

The Ministry of Health and Social Development said that they do not issue a license for the circulation of this substance, since it is not in their competence, this substance is not a drug. And this ministry issues licenses only for the circulation of potent substances, if they are drugs. Employees of the Federal Drug Control Service generally stated that trafficking was prohibited, but they could not explain what they were guided by. They only said that a large size was approved and part of Article 234 would depend on it..

As the head of the organization, I do not want to take risks and sell gamma butyrolactone. I really want, after all, to understand the situation.

I still cannot believe that the legal situation with the circulation of any substance can be so confusing and contradictory.!

And the employees of the Federal Drug Control Service made a hint that they could “help” and there would be no problems with the sale, of course for a fee! But it is not in my principles to solve problems in this way, because they have a salary, and they must work honestly. And, given that the FSKN officers fabricate criminal cases, and the courts then cover them up, I don’t even know what to do, you can expect anything from them!

Because of all this, the firm can suffer losses..

I would be very grateful for your consultation! Thank you for your resource!

He is very necessary, I think he will make his contribution in the fight for justice!

Answers the head of the paragraph:

Hello!

There is no simple answer to your question.

There is a legal interpretation, and I will present it as I see it. But contrary to the legal position based on the Constitution and generally recognized principles of law, there is a point of view of drug control. Briefly, it is expressed like this: “here we decide”.

You are not the first leader to whom drug controllers begin with dirty offers of protection.

Despite the great confusion with potent substances, which, as always, muddy water is used by unscrupulous persons, you can deal with this problem.

Since when working with potent and poisonous substances, the main danger is Article 234 of the Criminal Code, it is very important to determine the scope of its action: to what actions it is applicable.

Justifying the need to amend Article 234 (supplementing with a note on the approval of the Lists by the Government of the Russian Federation), the FSKN leadership stated that the solvents should be excluded from the List of potent ones, referring them to precursors. This was done with regard to ethyl ether and toluene; these substances are not included in the List approved by the Government Decree of December 29, 2007. However, the solvent gamma butyrolactone remained on the List of Potent, with all the ensuing consequences..

Thus, gamma-butyrolactone is subject to the same legal regime as, for example, tramal, with all the difference between a tablet drug and an industrial solvent. Not only the sale, but also the storage of this substance for the purpose of marketing is punishable under Article 234. Illegal trafficking of the strong in a small amount is punishable by imprisonment up to three years. Large size – from 4 to 8 years. However, a fine is also possible, as an alternative. The large size of gamma butyrolactone starts at 10 grams! So it is easy to imagine informational support for the seizure of 10 tons of “the most dangerous potent substance, from which it was planned to make a million doses of the most dangerous drug sodium oxybutyrate” (and this is how the Federal Drug Control Service reports its “achievements”). This can, of course, turn out to be a significant contribution to the fight against drugs, which is being fearlessly waged by the FSKN. There will be something to report.

It would be funny if it weren’t so sad.

What is the legal trade of gamma butyrolactone? And what could be its illegal traffic as a potent substance in the sense of Article 234 of the Criminal Code?

Let’s start with the fact that Article 234 of the Criminal Code is placed by the legislator in Chapter 25 of the Criminal Code “Crimes against public health and public morality.” Those. the objects of criminal encroachment that this article protects are human health and moral principles in society. These are the values ​​that Article 234 protects..

With potent drugs it is easier: it is known what is their legal and what is illegal traffic, because legal actions with them are aimed at protecting health, and illegal ones pose a threat to health. Those. any actions posing a public danger with drugs, including potent ones, are in any case under the regulation of Chapter 25 of the Criminal Code and fall either under Article 234 or under Article 235 (illegal pharmaceutical activity).

Gammabutyrolactone is not a drug. Its legal circulation is carried out mainly in industry..

The legal procedure for the production of chemicals (including gamma-butyrolactone), as well as their sale and use, is determined by technical, sanitary, environmental and other regulatory legal acts. Violation of these requirements, depending on the circumstances, entails a different level of responsibility – official, civil, administrative, criminal. In case of violation, for example, of environmental requirements, the norms of the Code of Administrative Offenses in the field of environmental protection or the Criminal Code on environmental crimes are applied, in case of violation of technical regulations – Article 9.1 of the Code of Administrative Offenses on violation of safety requirements for hazardous industries, etc..

At the same time, it should be borne in mind that gamma-butyrolactone is also a pharmacological substance, because used as a precursor in the pharmaceutical industry. This is confirmed by the All-Russian Classifier of Products, which includes gamma-butyrolactone in the subsection “Intermediates for the production of antidotes and complexones, cardiovascular, anti-cancer drugs and drugs affecting metabolic processes” (section “Medicines, chemical-pharmaceutical products and medical products”).

It seems that by virtue of the above, the conditions established by the Decree of the Government of the Russian Federation of March 16, 1996 No. 278 and the Decree of the Government of the Russian Federation of December 25, 1998 No. 1539 are applicable to the cross-border circulation of this substance. I will not delve into the issue of import / export, although it is here most vulnerable point of companies working with gamma-butyrolactone.

But even if the prescriptions of the listed decrees, as well as departmental acts were violated, only those illegal actions with gamma butyrolactone that were aimed at the production or manufacture of drugs and other prohibited substances (in the case of gamma butyrolactone, this is the psychotropic substance “sodium oxybutyrate”) fall under article 234 of the Criminal Code ). Violations of licensing, technical, sanitary and any other rules during the circulation of this substance cannot entail liability under parts of the first – third article 234. And even illegal use by any persons (drug addicts, drug mafia) of gammabutyrolactone acquired in an organization cannot automatically bring the heads of the organization to responsibility under Article 234 of the Criminal Code.

In parts one through three, Article 234 provides for liability for willful acts. Therefore, the application of Article 234 (in relation to gamma-butyrolactone) is possible only if the intent to sell for the criminal production of a psychotropic substance is established.

The foregoing does not exclude criminal liability under the fourth part of Article 234, which punishes for violation of the rules of production, acquisition, storage, accounting and other actions with potent and toxic substances, if this entailed by negligence (i.e. without intent, but by criminal negligence) their theft or causing other significant harm. But in this case, the value protected by this article is the health of citizens and public morality. Those. violation of the established procedure for the legal circulation of various chemicals that are not drugs, but classified as potent and poisonous, is punishable under Article 234 (part four) not in the event of damage or environmental pollution, but in the event of harm to health, including in the case of a proven leakage of potent substances into the drug environment, even if it happened without intent, but due to the improper performance by officials of their duties.

Control over the compliance of the legal circulation of potent substances with the established standards is within the competence of the Federal Drug Control Service, but only in terms of preventing their diversion and use for drug production. The limited powers of drug control in relation to potent substances are confirmed by the Decree of the President of the Russian Federation of July 28, 2004 No. 976, according to which the Federal Drug Control Service “controls the activities of legal entities and individual entrepreneurs in the field of trafficking in narcotic drugs, psychotropic substances and their precursors and, within its competence, in turnover of potent substances “.

Probably, you can dig this layer even deeper. Write if you have any questions.

02.02.2008.

question number 618

Andrey asks:

Hello! I wanted to get advice from you how to be. my brother was engaged in the distribution of dietary supplements and during the delivery of the consignment, he and I were detained by employees of the fskn at one of the stations in MOSCOW. the goods were transferred by the train conductor, as we learned at the very last moment KARAGANDA-MOSCOW. As the employees of the Federal Drug Control Service told us later, this dietary supplement contains a potent substance – sibutramine. the detention was carried out on October 26, 2007. On October 27, my brother and the conductor were taken to the Zyuzinsky court, where they prescribed a preventive measure in the form of detention for 2 months (and this, if he had two children for 2 years and half a year and elderly disabled parents, his wife, who was in custody from her husband and left without a livelihood, since during the searches all money, valuables and office equipment were seized – like VESHDOK) after a while an investigator came to the detention center and charged him with 234 and 188 hours. 2. I am under a subscription about not to leave as a suspect under the same articles. I searched the internet and found your site. through a lawyer, we have filed all the petitions that you have described. On January 20, my brother had a so-called prolongation – the investigator went to the judge for half an hour and there he talked about something (well, it’s clear about what!) The court-lawyer began and provided all the papers from your website. for two investigators and the deputy prosecutor, it was a shock (the deputy looked at the investigators with the words, I told you so! the investigator bowed his head and said – well, yes, the list is suspended, but this does not mean that everyone should be released at 234!) the judge saw the reaction These comrades, dismissively poking at them and made a decision to extend it for another 2 months. January 30, 2008 a killer whale was examined in the Moscow City Court on the complaint of a lawyer, but the result is the same. now we are writing to the supervisor. Before the killer whale, the lawyer wrote a complaint against the investigators to the Prosecutor General’s Office and to the Zyuzinsky court against the judge – there was no answer yet. hopes are fading every day! what to do??? help stop these outrages!!!!!!!

Answers the head of the paragraph:

Andrey, hello.

The actions of the Moscow UFSKN are outrageous.

Firstly, any case initiated under Article 234 of the Criminal Code prior to the publication of the Lists of Potent and Poisonous Substances approved by the Government of the Russian Federation was initiated illegally. The FSKN also officially recognized the illegitimacy of the previously used PKKN Lists, while continuing to initiate thousands of cases under this article.

Secondly, the classification of sibutramine as a banned substance is highly controversial, especially since sibutramine (as a substance) and dietary supplements containing sibutramine were listed in Babayan’s Lists, and at the same time, the drug Meridia, containing pure sibutramine, did not fall under which control and was sold nationwide without a prescription.

Thirdly, the choice of a preventive measure in the form of detention of the accused under Article 234 constitutes an outrage against the law, since it does not meet the conditions for admissibility of pre-trial detention: there were hardly sufficient grounds to believe that the accused intended to abscond; it is ridiculous to assume that in such circumstances they would continue to engage in “criminal” activities, or their stay at large would pose a threat to someone’s safety. The judge’s decision to choose an extreme measure of restraint must be motivated by an indication of the specific, factual circumstances on the basis of which such a decision was made (Article 108 of the CCP).

The fact that since January 16 this year. The lists, in accordance with the note to Article 234, have been legalized, and the article has acquired the appearance of legitimacy, it does not change anything in your case, it remains unlawfully initiated and must be terminated on exonerating grounds, since the law establishing responsibility has no retroactive effect, and no one can be held responsible for an act that at the time of its commission was not recognized as an offense (Article 54 of the Constitution of the Russian Federation).

You also report other facts of abuse of the rights of investigators of the Federal Drug Control Service.

The pre-trial seizure of money and valuables undertaken by the investigation, although formally and permissible, is essentially an abuse, since even if we take the point of view of drug control and consider the actions of the accused as a crime, sibutramine was included in the Babayan’s List of Potent Ones only on March 16, 2006 (an extract from the minutes of the PKKN meeting). If your brother has been doing business related to dietary supplements for several years, until March 16, 2006, even according to the Federal Drug Control Service, he was engaged in preparations containing sibutramine, completely legally. Probably, money and values ​​were acquired by him for more than one year. On what basis was the property seized??

By the way, the PKKN protocol is very indicative. Its logic is as follows: according to the available data, there is no non-medical use of sibutramine, therefore, it should be banned. In turn, the Rospotrebnadzor letter dated August 17, 2005, based on the results of laboratory studies conducted by the ILC FGUZ “Center for Hygiene and Epidemiology in Moscow”, FGUZ “Center for Hygiene and Epidemiology in St. Petersburg”, FGUZ “Federal Center of Hygiene and Epidemiology “, removed all restrictions on the sale of dietary supplements to food” Rui De Meng “. However, after the decision of the PKKN, the same Rospotrebnadzor, by a letter dated September 19, 2006, decided to withdraw the capsules “Rui De Meng” not as hazardous to health, but as prohibited.

At the same time, the drug “Meridia” continued to be sold and, at least until January 16, 2008, was sold freely.

So the situation with sibutramine is extremely confusing and ambiguous. Why, if government agencies cannot deal with drugs that include sibutramine, people should be in custody because of some controversial additives??

I talked about your case with my colleagues, there are reasonable proposals that may turn out to be useful for the legal resolution of the situation in which citizens who have not committed anything socially dangerous found themselves.

Write to hand-help-lev@yandex.ru, or ask your lawyer to contact me. We will discuss next steps.

In order to avoid misunderstandings, I draw your attention to the fact that we are not talking about any paid services from our side.

02.02.2008.

question number 604

Alexander asks:

Hello! In November 2007, a criminal case was initiated against me under Art. 234 part 2 for the sale of gamma butyrolactone. Since the article does not meet the requirements of the Constitution, I filed a complaint with the district court, then with the city court, demanding that the initiation of a criminal case be declared illegal. Naturally, both courts found the initiation of the case lawful. Could you please tell me if I send a complaint to the European Court of Human Rights, and as far as I know two cassation instances are enough, should I meet the 6-month deadline from the moment of initiation of the case when sending a complaint to the EU? Or, in the case of the initiation of a case, the 6-month statute of limitations rule does not apply? Thank you in advance for your reply! be healthy!

Lawyer O.A. Koinova answers:

Dear Alexander!

Indeed, an application to the European Court of Human Rights is lodged after a final decision by a national court. In this case, the final decision in our country is made by the court of cassation (there is only one cassation instance), therefore, it is from the moment the court of the second, cassation instance adopts the ruling that the six-month period of appeal to the European Court of Human Rights begins to run, the moment of initiation of a criminal case in this case has no fundamental meaning.

Answers the head of the paragraph:

The same rules apply to the appeal to the European Court of the institution of criminal proceedings as to the appeal of other violations, including the right to a fair trial..

The initiation of a criminal case under Article 234 of the Criminal Code, especially in the period before the publication of the government’s Lists of Potent and Poisonous Substances in January 2008, indeed constitutes a violation of Article 7 of the European Convention, according to which “no one can be convicted of committing any act or for failure to act which, in accordance with national or international law in force at the time of its commission, was not a criminal offense “.

30.01.2008

question number 590

Ivan writes:

Hello!

Is there any sense in our country to fight, look for the truth when they are condemned under 234st. at a time when there were no lists, even illegitimate pkknovskie? The case, of course, was opened in 2007. and during the court hearings, letters from the Ministry of Health and Social Development, pkkn, the new law, comments to it were presented to the court, but the court did not write a line about it in the descriptive part of the verdict. The appeal was already in the same way, the same is guilty. the sentence is unchanged. So here I am in doubt … Truth cannot be found in Russia … Best regards, Ivan

Answers the head of the paragraph:

Dear Ivan, it is difficult to disagree with your assessment. But the consolation is that there are still such decisions as in the case of Mikhail (see letter No. 527).

Do not give up. File a supervisory complaint.

And maybe – to the European Court. This is a long-term affair, of course, but a winning one. Moreover, if, as you write, the verdict was passed in the period from December 8, 2007 to January 16, 2008, when, well, it was impossible to apply the PKKN Lists.

It is not difficult to draw up an application to the European Court. It is important to meet the 6 month deadline. In this case, the violation by the Russian Federation of Article 6 (the right to a fair trial) and Article 7 (punishment solely on the basis of the law) of the European Convention for the Protection of Human Rights and Fundamental Freedoms is being appealed..

January 24, 2008

question number 583

Michael asks:

Hello! In the fall, a criminal case was opened against me under Article 234 Part 3 and Article 30 Part 3. for sending steroids to another city (nandrolone, methandrostenolone, testosterones and oxymethanol), some of which at that time were on the PKKN list, now they are all on the list of prohibited drugs. The charge was not brought and was released on recognizance not to leave, what is the risk for me now, or vice versa??

Answers the head of the paragraph:

Michael, hello. Read the answer to Artyom’s question No. 570. In terms of argumentation, it is fully applicable to your case. Only the stages are different. Artem’s case is already in court. You haven’t been charged yet. The investigator must guess himself to terminate the case. But you can not wait for this (unfortunately, not everything is going as it should) and file a motion to dismiss the case in accordance with paragraph 2 of the first part of Article 24 of the Code of Criminal Procedure.

Check if you have any questions. See also the site http://www.himdelo.ru. There are many materials on this topic..

January 24, 2008

question number 572

Lev asks:

In the commentary http://www.hand-help.ru/doc3.html#nov67 regarding Resolution 964, you said that valerian does not belong to potent substances, since phenobarbital is mixed with other active ingredients in it. However, in the same resolution, the table of large sizes contains a different definition “All dosage forms, mixtures and solutions containing at least one substance listed in the list of potent substances for the purposes of Article 234 and other articles of the Criminal Code of the Russian Federation” Moreover “large the size “is determined without conversion to the active substance and to the weight of the entire mixture. That is, a 50-gram bottle of valocordin can be considered “a large amount of phenobarbital” Or I’m wrong?

Answers the head of the paragraph:

Good day. You are right that the ruling is stupid. And with sufficient zeal of law enforcement officers, abuse is not excluded, as is already happening with Corvalol and other drugs.

But, strictly speaking, the provision given by you from the table of large sizes approved by the same decree cannot be applied if it does not correspond to a similar position in the List of Potent.

The government has approved three lists: potent, poisonous and large size potent. The last list, performing an application function in relation to the main list, cannot introduce new positions and expand the list of names.

Thus, the last line of the size table does not apply to all drugs, but only to those containing potent substances in combination with pharmacological inactive components..

January 23, 2008

question number 570

Artem asks:

Hello! I am charged under Part 3 of Art. 234 of the RF Criminal Code. The criminal case was initiated in January 2007 in violation of 3-FZ of 1998 “on narcotic and psychotropic substances”, which regulates the turnover of narcotic and psychotropic substances after being sold by an unidentified person. In February, I was handed a decision as a suspect in this criminal case and was charged with the sale of a potent substance – nandrolone decanoate, where they also referred to 3-fz “on narcotic and psychotropic substances.” There was no test purchase, the witness pointed to me during the confrontation. At the trial, a petition was filed in writing to discontinue the criminal case due to the fact that: y. In the case, the FSKN investigator and the prosecutor referred to FZ-3 “on narcotic and psychotropic substances”, which is not related to the substance nandrolone decanoate, but regulates the circulation and storage of narcotics. and crazy. substances. 2. in the study of this substance, voluntarily issued by a witness, the study was not carried out, and conclusions about the amount of the substance were made from the inscription on the bottle. Thus, we believe that the criminal case was instituted illegally, but the court left our petition unchanged and added that the appeal of the decision was necessary before the case was sent to the court. But we believe that at any stage of the investigation or court proceedings, an unlawfully initiated criminal case should be terminated. Is it so? Please, please answer my question and please consult me. best regards, Artem.

Answers the head of the paragraph:

Artem, hello.

A criminal case (regardless of the stage of consideration) is subject to termination, because the prosecutor is not entitled to support a knowingly unlawful charge (Article 239 of the CCP). If the prosecutor does not drop the charges, the court must issue an acquittal..

First, it is a gross violation that no expert study of the substance has been carried out. According to the Resolution of the Plenum of June 15, 2006, “to determine the type of drugs and substances (narcotic, psychotropic or their analogues, potent or poisonous), their sizes, names and properties, origin, method of manufacture, production or processing, special knowledge is required” with which “the courts must have the appropriate opinions of experts or specialists.” The examination of the substance was to be carried out by a certified expert using special techniques.

Secondly, regardless of the procedural violations committed in the case, all criminal cases initiated before January 16, 2007 under Article 234 of the Criminal Code must be terminated, since before this date there were no lists of potent substances approved by the competent authority, which served as the basis for the adoption of the amendment to Article 234 of the Federal Law of November 4, 2007 No. 252-FZ.

In accordance with the law, the effect of which is counted from January 16, 2008, Lists of potent and toxic substances for the purposes of the Criminal Code are approved by the Government of the Russian Federation.

The lists of the Standing Committee on Drug Control were null and void, since were not a normative legal act, were not registered with the Ministry of Justice. The PKKN is not a public authority. According to the State Register of Legal Entities, PKKN in its organizational and legal form is a non-profit organization.

The Federal Drug Control Service knew very well that Article 234 of the Criminal Code should have been “dormant” all these years, but continued to initiate criminal cases. In order to improve the situation, it was the Federal Drug Control Service that prepared and submitted to the Government the draft of the above-named law, in the explanatory note to which it was noted:

“The establishment of lists of any substances for the purpose of bringing to criminal liability is associated with the restriction of the rights and freedoms of citizens, in connection with which the approval of such lists by a non-profit organization does not comply with the requirements of Article 55 of the Constitution of the Russian Federation.

At the present time (i.e. at the time of the introduction of the bill – L.L.), it is virtually impossible to prosecute persons who have committed crimes related to the illegal circulation of strong or poisonous substances, since a different list of these substances in order to prosecute for crimes provided for by Article 234 of the Criminal Code of Russia, except for the Lists of PKKN, not available. “

It is important to emphasize that the project was developed by the Federal Drug Control Service. And the cited explanatory note in the summer of 2007 was submitted to the Duma by the Government of the Russian Federation in a package with the addition of Article 234.

The fact that nandrolone is included in the List of Potent Drugs approved by the Government has nothing to do with your case, because the law establishing criminal liability is not retroactive. In this case, a legally significant circumstance is the absence at the time of the actions of which you are accused of a duly approved list of substances falling under Article 234.

See also question no. 527.

January 23, 2008

question number 564

Vladimir asks:

Question in connection with the release of the 964 government decree.

Hello. I would like to understand the situation after the release of “Decree of the Government of the Russian Federation of December 29, 2007 No. 964” On the approval of lists of potent and poisonous substances for the purposes of Article 234 and other articles of the Criminal Code of the Russian Federation, as well as the large size of potent substances for the purposes of Article 234 of the Criminal Code of the Russian Federation. Federation. “

The first question. Previously, there was a list of precursors whose circulation was controlled. Now list with ether, toluene, etc. no, this means that they can be in free circulation, without any control over them?

Second question. Chloroform, a key solvent in organic chemistry, is included in the list of potent substances. What documents are required for a company to buy / sell / use chloroform? Or is its use now completely illegal and there are no options for legal work with it? Thanks in advance for your help. Sincerely, Vladimir.

Answers the head of the paragraph:

Hello. Criminal liability for the turnover (marketing, actions for the purpose of marketing) of toluene, ethyl ether is now impossible under any sauce, because these substances are not included in the Lists of Potent and Poisonous Substances approved by Government Decree No. 964 of December 29, 2007, which means that Article 234 of the Criminal Code does not apply to them.

Toluene, acetone, ethyl ether, sulfuric acid are included in Schedule IV of the List of narcotic drugs, psychotropic substances and their precursors (approved by Government Decree No. 681 dated June 30, 1998). Currently, no criminal liability has been established for illegal trafficking in precursors. But their use for the manufacture or production of drugs entails both criminal (Articles 228, 228-1) and administrative liability (manufacturing in small quantities, Article 6.8 of the Administrative Code). Only the use of precursors is not punishable in itself, but the entire act as a whole – manufacturing, production.

It cannot be said that the listed substances, which are not included in the List of Potent, have been left without control. In addition to the Criminal Code and the Administrative Code, there are other control mechanisms: accounting, reporting, licensing. Criminal Code is an exceptional tool, it should be used in extreme cases. It is possible to monitor compliance with the law of a particular professional activity (in particular, related to precursors) without resorting to the Criminal Code. So this part is undoubtedly progress.

Chloroform, on the other hand, has always been on the List of Potent Drugs published by PKKN. Although the PKKN Lists could not, as illegitimate, be applied for the purposes of Article 234, they, as is known, were applied. So for practitioners, nothing has changed about chloroform..

Although there will be a sea of ​​problems with the new Lists.

Let me cite an excerpt from a consultation on this topic of the director of the law firm “Uniko-94” MI Milushin:

“We also note that, generally speaking, not a single federal regulatory legal act provides for the need to obtain a special license to work with substances included in the Lists of Potent and Poisonous Substances, periodically approved by the Standing Committee on Drug Control. Thus, at present, the current legislation does not establish a requirement for compulsory licensing of activities related to the circulation of potent substances. It is not contained in the current legislation and any additional restrictions establishing the need to confirm the right to purchase potent substances.

However, for some reason that is not entirely clear, it is believed that working with potent drugs requires a pharmaceutical license, which explicitly states the right to work with such substances. Perhaps this is due to the fact that in clause 4 of the “Procedure for the dispensing of medicines in pharmacies / organizations” that was in force until 2006, approved by Order of the Ministry of Health of Russia dated 08.23.99, N 328, and declared invalid by the Order of the Ministry of Health and Social Development of the Russian Federation of 12/14/2005 785, it was expressly stated that “the right to work with potent and poisonous substances is established by the license of a pharmacy institution / organization for pharmaceutical activities.” http://www.unico94.ru/consult/show/?id=1223

January 21, 2008

question number 527

Michael writes:

Hello, dear Lev Semyonovich, dear lawyers of the site. The author of question number 161 is writing to you, to which you gave an exhaustive answer. Let me remind you that I was charged under Part 1 of Article 234. So, my lawyer and I read this answer at the hearing and presented all the documents that you recommended plus the documents provided on the himdelo.ru website. I was surprised that neither the prosecutor nor the judge knew or suspected that, for example, the PKKN is a non-profit public organization, or that the Federal Drug Control Service itself, back in April, submitted to the government a draft of amendments to Article 234. After checking all these documents, the judge convinced the state prosecutor to drop the charges. And then the federal law № 252-FZ arrived in time. Thank you. Keep helping us.

Answers the head of the paragraph:

Dear Michael! Your letter is the best New Year’s gift for all of us.

12/30/2007

question number 508

Nikita 891 asks:

Hello, I heard that on December 14, 2007 there were some amendments to Art. 228. Could you tell me if this is so or not and where can I find information on this issue?.

Thank you.

Answers the head of the paragraph:

Hello. No amendments were made to Articles 228 – 233 of the Criminal Code in 2007.

Federal Law No. 335-FZ of December 6, 2007 amended Article 188 of the Criminal Code: the smuggling of their analogues, as well as of tools and equipment under special control and used for the production and manufacture of narcotic drugs and psychotropic substances, is equated to drug smuggling. See the commentary on the law here.

By the federal law of November 4, 2007, article 234 of the Criminal Code was supplemented with a note, by which the approval of the List and the large size of potent substances, as well as the List of poisonous substances, is attributed to the competence of the Government of the Russian Federation. As of December 21, 2007, the corresponding by-law has not been issued. See the commentary on the law here.

22.12.2007.

question number 482

Fyodor asks:

Hello, I am interested in a question of this kind, do you know when the already revised lists of the Strong on Article 234 will be posted. And yet, what if they find me, for example

the same testosterone in the apartment, is it not on the list at the moment? can they fabricate a case, well, or what to fear?

and most importantly, how to act in this situation.

Answers the head of the paragraph:

As of December 14, there are no lists of potent drugs. From December 8, Article 234 of the Criminal Code cannot be applied. Since testoterone is not included in any of the lists of substances, the circulation of which entails criminal or administrative liability, its storage does not entail any undesirable consequences..

Fabrication of cases – we know how. But what kind of “current situation” do you ask?

12/15/2007.

question number 477

Alexey asks:

Good day! Question about 234 articles. No lists at the moment? But the case under this article was opened in mid-2007 in June and has already been transferred to the court. Can they give a real term for the frozen article? In our country, the law does not have retroactive effect?

Answers the head of the paragraph:

Hello. As of December 13, Lists of potent drugs have not been published. The Federal Law of November 4, 2007 does not have retroactive force, since it is a law that establishes responsibility. Before the appearance of Lists, the article was dead, and until December 8, 2007, from its very birth, it was dormant. there was no properly approved list of substances. A guilty verdict these days, with an obviously not valid article, would be the height of cynicism and would be subject to unconditional cancellation (in a rule of law).

For more details see the answer to question no. 471 (it contains links to other, more detailed consultations).

13.12.2007.

question number 472

Andrey asks:

Hello. The question is. Is it legal at the moment for one legal entity to purchase from another legal entity gamma-butyrolactone substance included in the ADD list? If legal, then under what conditions?

Answers the head of the paragraph:

Hello. Indeed, gamma butyrolactone was included in the List of Potent Substances at the end of 2006. The situation with potent is unstable, we should expect a revision of the lists: something will go into precursors, something will remain in potent.

Today, activities related to potent substances are not subject to licensing if they are not related to pharmaceutical activities. Although gamma-butyrolactone is mostly used in industry, it is also used in pharmaceuticals.

Acquisition of potent substances, if this did not entail harmful consequences, is not punishable.

But we will punish sales (Article 234 of the Criminal Code). And smuggling (article 188 CC).

How to combine it?

Here is what the UFSKN website for Moscow answers the question about gammabutyrolactone:

“According to Protocol No. 3 / 104-2006 of the meeting of the Standing Committee on Drug Control (hereinafter PKKN) dated 12.10.2006, the substance gamma-butyrolactone is included in the PKKN List No. 1 of potent substances. As of the beginning of 2007, Russian legislation does not provide for the need to obtain a special licenses for working with potent substances, if they are not drugs, therefore a legal entity can sell gamma-butyrolactone without restrictions.However, in accordance with Part 1 of Article 234 of the Criminal Code of the Russian Federation, illegal production, processing, acquisition, storage, transportation or shipment for purposes of the sale and sale of such substances by individuals is criminally punishable.Therefore, the sale of the potent substance gamma butyrolactone, even by donating it from one natural person to another natural person, is a criminal offense. active substance (p. 2 tbsp. 188 of the Criminal Code of the Russian Federation).

As noted above, in accordance with the minutes of the meeting of the PKKN No. 3 / 104-2006 dated 12.10.2006, gamma-butyrolactone is included in List No. 1 “Potent substances”, while acetone is included in the list of precursors (List No. 4). Therefore, the measures of control over their circulation are different, as well as the measure of responsibility for violation of the procedure for the circulation of these substances. “

So understand, as you know. Nothing will happen to a legal entity. Because in the Russian Federation there is no criminal liability of legal entities. And an individual will be jailed.

I think it makes sense to wait for the list changes. Maybe there will be no gamma butyrolactone in ADD.

13.12.2007.

question number 471

Irina asks:

Hello. In November 2007. a criminal case was initiated in the city of Petr-Kamchatsky against the mother of Part 1 of Art. 234 (sales of Relanium 9 ampoules), and in 2006 there was a trial with the world. judges under Article 116 of the Criminal Code of the Russian Federation (a fine has been imposed, has already been paid, but apparently this will be an aggravating circumstance). Now we are waiting for the results of the examination. Mom is 54 years old. More than 20 years of medical experience. Is there a chance of getting a deadline? And can a new list to Art. 234 to somehow influence the verdict? Thank you.

Answers the head of the paragraph:

Hello. The defense should show perseverance and stand on the position that has already been stated in detail here many times (see in the subsection “powerful” answers to questions No. 413, 368, 357, 226, 199, 161, 146). Namely: prior to the entry into force of the Federal Law of November 4, 2007 No. 252-FZ “On Amendments to Article 234 of the Criminal Code of the Russian Federation”, Article 234 of the Criminal Code was “dormant”, i.e. could not be applied, since there were no (and to this day does not exist) properly approved lists of potent and poisonous substances. Those lists, which were knowingly unlawfully used by the drug control authorities, could not and cannot be used for the purposes of criminal prosecution, since the Standing Committee on Drug Control, being an expert advisory body, is not authorized to adopt any normative acts.

I will not repeat all the argumentation again – it is detailed in the above answers.

In response No. 413 you will find a link to the explanatory note of the Government of the Russian Federation to the draft law (which has now become Law No. 252-FZ), from which it clearly follows that “bringing to criminal responsibility persons who have committed crimes related to the illegal circulation of potent or poisonous substances, in fact is impossible, since there is no other list of the specified substances in order to prosecute crimes under Article 234 of the Criminal Code of Russia, except for the PKKN Lists. “

Moreover, no law establishing responsibility is retroactive. Lists, which must be approved by the Government of the Russian Federation, cannot be used for criminal prosecution for actions committed before the official publication of the government decree on the approval of the lists. As of today, December 12, it has not yet been published.

In addition to the arguments given in the previously given answers, we are posting another official document of the Government of the Russian Federation, which also indicates the impossibility of applying Article 234 of the Criminal Code in its previous version, which was in force until December 8, 2007.

This position is expressed in the letter of the Government of the Russian Federation to the State Duma of November 24, 2005 No. 3794p-P4 on the direction of an official response to the draft law, which proposed amendments to Article 234 of the Criminal Code. According to the Government, “Article 234 of the Criminal Code of Russia establishes liability for illegal traffic in potent and poisonous substances, while there is no law regulating the circulation of such substances. In addition, the List of Potent and Poisonous Substances, unlike the List, has not been approved, not only By the Government of the Russian Federation, but also by the federal executive body in the field of health care. Thus, bringing to criminal responsibility for violation of the turnover of substances, the order of turnover of which is not normatively defined, will lead to violations of the constitutional rights of citizens. “

This document is posted in the “Draft Laws” section of the “ConsultantPlus” portal at www.http: //base.consultant.ru/cons/cgi/online […]

In free access it can be opened in the evening from 20-00 to 24-00, and on weekends – around the clock.

If this footnote does not open the text at the specified hours, you should enter the site http://www.consultant.ru/, then from the main page by the link “Special version”, then select the “Draft Laws” directory and enter either the project number, or Government review number (3794p-P4).

You can refer to this document to defend your position. It is advisable to attach to the case, as more relevant, an explanatory note of the Government of the Russian Federation to draft law No. 252-FZ, as well as the draft law itself posted there, the link to which is posted in the answer to question No. 413. It is advisable to submit a written request to attach these documents.

Of course, it is not always possible to count on the fact that the court will take a legal position. Therefore, despite the clearly illegal use of Article 234 by the FSKN, your case is not the only one. So, despite the absence of corpus delicti in your mother’s actions, it is necessary to submit to the court medical certificates about her state of health and characteristics.

As for her 2006 conviction under Article 116 of the Criminal Code, as far as I understand, the conviction has already been canceled or will be canceled in the near future (depending on when the penalty was executed in the form of a fine). If the fine was paid in 2006, in 2008 she will be deemed to have no criminal record. According to article 86 of the Criminal Code, the convictions of persons sentenced to a punishment milder than imprisonment are canceled after a year after the execution of the sentence. In this case, the indication of a criminal record in the verdict is not allowed..

12.12.2007.

question number 469

Natalya asks:

Hello, thank you very much for your answer to question no. 413 on 11/25/2007, you helped me a lot, but so far we are still suing and listening to witnesses at the hearings. At an open court hearing, when an attesting witness was interviewed during the test purchase, it was said that the drug control officers told the attesting witness that in BAD Lida they carry out drugs and test purchases like drugs. The drug control officer “invented” that I allegedly fraudulently provided the customs and Rospotrebnadzor with a certificate not for the dietary supplement Lida, but for the dietary supplement Lida with L carnitine, and in all the protocols of the interviews of the customs and Rospotrebnadzor officers writes that the certificate for the dietary supplement Lida with L carnitine. And in the certificate itself, the Lida dietary supplement is written for sale to the population through the pharmacy network and specialized stores, departments of the distribution network as a dietary supplement to food sources of L carnitine and flavonoids. that’s why it turns out Art. Part 2, Art. 188 of the Criminal Code of the Russian Federation. Perhaps there are already court decisions to repeal Article 234 after December 8, I would like to know them. Thank you very much for your work..

Answers the head of the paragraph:

Hello. Check out this story from the “Case of Chemists” site. This resource has a lot of valuable legal materials under Article 234 of the Criminal Code.

12.12.2007.

question number 451

Vadim asks:

Greetings.

The question concerns potent.

On December 8, the government can approve new lists under Article 234. The Federal Drug Control Service, as I heard, supplemented them very significantly, infinitely including in them, for example, testosterone, which is in every person and it turns out, moving around, a person unwittingly produces “turnover” of potent drugs !! :)) The FSKN delirium knows no boundaries. Can you post the alleged new ADD list?

Answers the head of the paragraph:

Hello. On the evening of December 7, no list of the potent and poisonous does not smell. Maybe they hide him until tomorrow morning? In any case, since midnight on December 8, Article 234 dies – alas, temporarily! – and it will work when the list is published (we will post it immediately).

Everything happens … Maybe the Government in this way decided to freeze Article 234?

In March 2001, testosterone was already included in the PKKN list of potent drugs, but then, in July of the same year, it was excluded.

07.12.2007.

question number 441

Asks Uknown:

where to find the text of the Federal Law of 04.11.2007

some comments open…

Answers the head of the paragraph:

Federal Law of November 4, 2007 N 252-FZ “On Amendments to Article 234 of the Criminal Code of the Russian Federation”.

05.12.2007.

question number 413

Natalya asks:

hello, thank you very much for the opportunity to view the jurisprudence on your website. I am addressing you with my problem. in January 2006, I ordered a dietary supplement “Lida” in China directly from the manufacturer’s plant, in February 2006 an EMS parcel arrived by mail, I cleared it, based on a copy of the certificate received from the manufacturer, I received a sanitary and epidemiological conclusion and received the parcel. In May 2007, a notification was brought to me from Rospotrebnadzor that the Lida capsules allegedly contained sibutramine, and for their implementation it was necessary to obtain a license, where it was not said to obtain. I call Rosportrebnadzor, the Ministry of Health, but I get no answer. Two days later, they come to me and buy a package of dietary supplements, followed by officers from the drug control with a search document and searched at the workplace, and I voluntarily hand over the dietary supplements and copies of the certificate and sanitary and epidemiological conclusion. In the building of the drug control, they interrogate and say that this dietary supplement contains sibutramine, it is potent and that the dietary supplement is sent for examination to a laboratory in Novosibirsk. Here, during interrogation, they propose to cooperate with the drug control, to be their informant and this will not work beyond the walls of drug control. After the examination, a criminal case is initiated under Art. Part 2, Art. 188, part 3, art. 30, part 1, art. 234 of the Criminal Code of the Russian Federation. Motivating by the fact that when I ordered dietary supplements in China, I already knew that sibutramine was contained there and deliberately did it and smuggled it fraudulently. And they sent me from the manufacturer’s factory along with a copy of the certificate and told me that the original is with the only representative in Russia. I turned to them, and they said that in order to receive a copy of the certificate with a blue seal, the minimum batch of 50 boxes of dietary supplements and that there is one certificate for the dietary supplement “LIDA” and LIDA with -carnitine. During a search in my apartment, the drug control officer seized a passport and it was kept in the drug control building by the investigator until the results of the examination were received from Novosibirsk. The same employee previously offered cooperation, he also confiscated the passport, motivated by the fact that this is a confirmation that I was in China. I was in China in June 2007, and received the dietary supplement in February 2006, I wanted to receive the original documents. Please answer my letter as soon as possible on November 26 preliminary hearing. Because of all the illegal actions on the part of drug control, I ended up in the heart hospital) and was in the cardiology department, I had never had such a disease before. I am the mother of a young 13 year old son. I am grateful for your help. I look forward to an answer.

Answers the head of the paragraph:

Hello. The answer is similar to those published earlier here (answers № 368, 357, 226, 199, 161, 146). I believe that at the preliminary hearing, you and your defense lawyer should file a motion to terminate the criminal case due to the absence of corpus delicti in the act.

The reasoning is as follows:

Cases initiated under Article 234 of the Criminal Code prior to the entry into force of Federal Law No. 252-FZ of November 4, 2007 (the law enters into force on December 8, 2007 – after 30 days after the day of its official publication) should not have been initiated, and so how they were unlawfully instituted and dealt with should be terminated.

The lists of violent, which the Government must approve before December 8, will not have retroactive effect and are in no way applicable to cases under Article 234 that arose before December 8 of this year. (Article 54 of the Constitution of the Russian Federation: the law establishing responsibility has no retroactive effect).

For the same reasons, article 188 of the Criminal Code also disappears..

In an explanatory note to the bill, which has now become Law No. 252-FZ, the Government of the Russian Federation substantiated the need for its adoption as follows:

“At present, it is virtually impossible to prosecute persons who have committed crimes related to the illegal circulation of potent or poisonous substances, since there is no other list of these substances in order to prosecute for crimes provided for in Article 234 of the Criminal Code of Russia, except for the Lists of PKKN. available. “

This conclusion of the Government of the Russian Federation (with which the State Duma also agreed) is of fundamental importance (moreover, the bill under Article 234 and the explanatory note were prepared by the same Federal Drug Control Service, which initiated “impossible” cases under Article 234 with the other hand..

Our court loves papers.

You definitely need to print an explanatory note from the State Duma website, indicating its address:

http://asozd.duma.gov.ru/work/dz.nsf/ByID/B3BBA6F2D3D7C9F9C325731C0038E6FA/$File/454790%D1%8F.rtf?OpenElement

It is appropriate for the judge to indicate the path to the draft law in the petition (so that the judge can check the existence of such a document):

website address: http://asozd.duma.gov.ru

find the section “Search for bills and resolutions” in the menu, then select “Search for bills”, in the search window that opens, set the project number 454790-4 and put a tick in the box “in the archive of the current convocation”.

In your case, the following is also extremely important. Even if the court does not agree with the arguments about the impossibility of applying Article 234 of the Criminal Code of the Russian Federation, the case must be terminated on the following grounds:

You claim to have received the sibutramine supplement in February 2006. Sibutramine was included in the lists of potent and poisonous substances on the basis of an extract from the minutes No. 1 / 102-2006 of the meeting of the PKKN dated March 16, 2006. Thus, even if we neglect the fact that the PKKN is not a body that has the right to issue normative acts (especially for the purposes of the Criminal Code), that neither the lists nor the extract from the protocol have been officially published anywhere, the import of sibutramine in February 2006 cannot be considered as smuggling of a potent substance, tk. at that time, sibutramine (and dietary supplements with sibutramine) was not recognized as a potent substance.

In addition, the court should point out that, despite the “danger” of sibutramine, it is sold openly and without prescriptions throughout the country under the name “Meridia”.

November 25, 2007.

question number 368

You ask Michael:

Hello dear site creators. Thank you so much for your work. My question is: today, November 5, 2007, the President signed a federal law on amending Article 234 of the RF Criminal Code. Should the courts now stop the proceedings under this article, t. the list of potent and poisonous has not yet been approved by the Government as required by the new law?

Answers the head of the paragraph:

Hello. Cases initiated under Article 234 of the Criminal Code before the entry into force of the Federal Law of November 4, 2007 No. 252-FZ (the law comes into force on December 8, 2007 – after 30 days after the day of its official publication) should not have been initiated, and so how they were unlawfully instituted and dealt with should be terminated.

But this will not happen by itself, for each specific case this must be achieved by appealing against the inevitable illegal refusals. Until December 8 – Article 234 is generally unknown about what.

But even from December 8, little has changed. Contrary to the drug control’s belief that the problems with 234-1 have been settled, this is far from the case. Yes, the list and size of the powerful will be approved not by the mysterious PKKN, but by the Government of the Russian Federation. But on the basis of what will these or those substances be defined as potent? What law – apart from the Criminal Code – establishes the criteria for classifying a particular substance as potent and poisonous?

So the requirements to exclude this rubber article from the Code, which exists solely so that drug control does not die of boredom, is still relevant..

Finally, even if one accepts the fact that the Government will approve the list, okay, this list will not have retroactive effect and cannot be applied to cases under Article 234 that arose before December 8 of this year..

09.11.2007.

question number 357

Alexander asks:

According to the results of police provocation of a crime (simulation of severe alcohol abstinence), the doctor’s brother is charged with selling (injecting) Relanium. In Russia, there is no legislation in the field of circulation of potent drugs, and the list (lists) of potent drugs has not been approved by the legislator. The PKKN is not a law-making body. But the drug police are spitting on this, charged under Art. 234 part 1 of the Criminal Code, the trial is underway. Are the ECtHR decisions in the Vanyan case applied in the latest judicial practice? And how to convince the court of the absence of legal grounds for the use of the lists of violent for the purposes of the prosecution?

Answers the head of the paragraph:

I do not know how accurate the information of Novaya Gazeta is (http://www.novayagazeta.ru/data/2007/83/10.html), but it is possible that the dismissal of the charge (or acquittal?) Under Article 234 of the Criminal Code of the Belarusian Peter Zhdanovich at the end of October by the Mytishchi city court – almost the first case when Article 234 as such was questioned by the court. I don’t know the details, I didn’t see the verdict. Journalists are not very accurate. The site of the Mytishchi court is naturally dead.

Today, November 5, the President of the Russian Federation signed the Federal Law “On Amendments to Article 234 of the Criminal Code of the Russian Federation”. By this law, which comes into force 30 days after the day of its official publication, i.e. more than a month later, article 234 of the Criminal Code was supplemented with a note referring the approval of the lists of potent and toxic substances, as well as the determination of the large size of potent substances to the competence of the Government of the Russian Federation.

The need for this addition, developed by the Federal Drug Control Service and submitted to the Duma by the Government, was motivated by the fact that the lists of potent and poisonous substances approved by the PKKN were absolutely illegitimate for the purposes of prosecuting criminal charges. PKKN is a non-governmental non-profit organization that is not authorized to adopt regulatory legal acts.

In an explanatory note to the bill, the Government of the Russian Federation justified it as follows:

“At present, it is virtually impossible to prosecute persons who have committed crimes related to the illegal circulation of potent or poisonous substances, since there is no other list of these substances in order to prosecute for crimes provided for in Article 234 of the Criminal Code of Russia, except for the Lists of PKKN. available. “

Naturally, amendments to Article 234 will not have retroactive effect. So, in relation to your brother’s case, one should proceed from the absence of corpus delicti in the act.

I advise you to look at our website materials of a criminal case under article 234 of the Criminal Code, recently examined in St. Petersburg, on charges of a group of persons in the sale of metallic mercury. Look there for the argumentation of the Kuzmins’ lawyer. The court issued a verdict of guilty (did not dare to acquit), but the mildest in terms of sanctions. Under part three of Article 234, fines were imposed in the amount of 4 to 20 thousand rubles.

The apparent leniency of the sentence (where the sanction is up to 8 years in prison) testifies to the understanding by the judge who considered the case, the illegality of the application of Article 234.

There is still no information on the application by the Russian courts of the Decree of the European Court of Human Rights in the case “Vanyan v. RF”, as well as the new edition of the Federal Law on ORD. The decision on Vanyan was applied by one of the courts of St. Petersburg in an acquittal posted on our website. But this verdict did not hold up at the cassation instance..

06.11.2007.

question number 284

Dmitry asks:

Hello! How and where can you find out about the decisions of the Constitutional Court under Art. 234 of the Criminal Code of the Russian Federation? Are there any acquittals under Art. 234 of the Criminal Code of the Russian Federation.

Answers the head of the paragraph:

The Constitutional Court did not make decisions on Article 234 of the Criminal Code of the Russian Federation. In our country, acquittals are rare. Usually the form of acquittal becomes a very lenient sentence: a small fine or a suspended sentence..

15.10.2007

question number 270

Vladimir asks:

Thank you very much for your painstaking and very necessary work on the legal education of ordinary people.

In the mountains. Moscow has long since begun a trial against a group of persons – Aleksey Koreev, Koshuba under Article 234, Part 3 and other articles up to Art. 174, “legalization of income”, which is now “sculpted” to everyone so that they cannot go to a “special procedure” for consideration. The essence of the matter is the sale on an especially large scale through several online stores of “sports chemistry”, incl. anabolic steroids.

Could you find out how this case is being considered, whether a verdict has been passed. it is most revealing in terms of clarifying the position of the court to Art. 234.

Answers the head of the paragraph:

Hello. Unfortunately, we have no information on this case. If you tell in which court the case is being considered, it may be possible to find out.

08.10.2007

question number 257

Michael asks:

Hello dear site creators. Thank you so much for your work. I hope that with your help the lawlessness from the state drug control will decrease, and they will finally work according to the law. And what happens is that despite the new law prohibiting provocation, the FSKN continues to frame innocent people. Recently, the head of a laboratory of one of the hospitals, a 70-year-old woman, was prosecuted under Article 234, part 1. An unspoken employee came to her and on behalf of a friend of this woman, who was also involved in only another hospital, asked for a loan of ethyl ether. She gave. How it ended, you guess. And this happened at the end of August. Why the law doesn’t work?

Answers the head of the paragraph:

Hello. Thanks for the information. If possible, specify which city / hospital you are talking about.

The law on the prohibition of provocation does not even work, not even because they cannot otherwise work, but because the Federal Drug Control Service must somehow justify its existence. They do not want to admit that it is necessary at least to cut staff. Ask any head of the drug control, he will say that his department is fighting the big drug business. Please fight. But why do you need 40 thousand employees for this, who hunt doctors not because of malice, but because they have nothing to report on?

03.10.2007

question number 226

Michael asks:

Hello. Thank you for answering question 161. But here’s the difficulty. I follow the Chemists Case on the Internet. So, the Perovsky Court of Moscow, where the hearings are taking place, rejected the defendants’ petitions to terminate the criminal prosecution against them on the grounds that Government Decree No. 527, in which ethyl ether was excluded from the list of violent ones, came into force only in February 2008. So now you can judge, and in February you can justify?

Answers the head of the paragraph:

Only the Perovskiy Court knows the answer to this question. Criminal prosecution for trafficking in potent substances is illegal not only and not so much because of the publication of the RF Government Decree of August 18, 2007 No. 527, by which a number of substances (including ethyl ether) were excluded from the list of potent substances used in the RF Government Decree from August 3, 1996 No. 930. So the position of the Perovskiy court, clinging to Resolution No. 930, is flawed. Decree No. 930 did not approve lists of potent substances, it is about something else. This document has practical significance and only regulates the procedures for the import and export of various substances, the circulation of which is limited. The use of the term “powerful” in the administrative document of the Government of the Russian Federation, although incorrect, is not associated with the restriction of the rights and freedoms of citizens arising in connection with criminal prosecution. It is unacceptable to base criminal repressions only on the mention of potent substances in a document regulating relations of a completely different legal nature. Attempts to attach Article 234 of the Criminal Code to Government Resolution No. 930 – the height of legal cynicism.

Well, if you play by the rules imposed by the Perovsky court, then the defense side, I think, should file a petition to send a request to the Constitutional Court to check the constitutionality of Article 234 of the Criminal Code and to suspend the case against Protsky and Yakovleva on this basis.

September 26, 2007

question number 216

A citizen of Tomsk asks:

Tell me where you can find out if the following substances are acceptable for air transportation within Russia (Moscow-Tomsk):

1.benzaldehyde

2.40% aqueous solution of methylamine

3. Bromobenzene

4. Iodobenzene

5. Nitromethane

6. Nitroethane

7.1phenyl2propane

8.1phenyl2nitropropane and in what quantities?

thank you in advance

Answers the head of the paragraph:

1-Phenyl-2-propanone is included in the List of Potent Substances (it is also classified as a precursor). The storage and transportation of potent substances is not prohibited, but if these actions are performed for the purpose of marketing, then they fall under Article 234 of the Criminal Code of the Russian Federation. Bromobenzene is classified as a toxic substance (Order of the Ministry of Health of Russia dated December 29, 2000 No. 460). Benzaldehyde is used in the synthesis of amphetamine and is included in customs regulations.

Other substances are not included in special control lists.

The rules for conducting pre-flight and post-flight inspection (approved by Order of the Ministry of Transport dated July 25, 2007 No. 104) prohibit transportation on board an aircraft in any quantity of potent, poisonous, toxic, poisonous, as well as “other dangerous substances”.

24.09.2007

question number 199

Alexander asks:

Good day to you!

I have a question:

On April 11, 2007, a criminal case was opened against me under Article 234 h 3. for a criminal conspiracy to sell potent substances on an especially large scale, as well as illegal acquisition of potent substances for the purpose of marketing. And so what happened. I bought myself at the end of 2006 in an online store in which I paid by cash on delivery for Naposim (methandienone) in the amount of 2000 TB and Deca-Dubol (Nandrolone deconate) 50 ampoules, calculated for their consumption within 2 years (the shelf life of the same was designed for 4 years), I went to the gym and one friend who insured me on the exercises found out that I have these drugs at home and persuaded me to sell them to him in order to take them too, but he decided to sell them to his “friend (friend from GNK) “who, in turn, persuaded him to get it as a friendly gesture. As a result, he has been in jail since April 11, 2007, and I am free thanks to my acquaintances. The courts were constantly postponed and now they seem to have been appointed for October 3, 2007. The question is simple, were the actions of the PLR ​​and the Prosecutor’s Office legal? Will I be acquitted? What are my chances? Have there already been acquittals?

If you need details of the circumstances, I can describe everything in detail.

P.S .: Thanks a lot in advance.

Answers the head of the paragraph:

Hello. We have already discussed the situation with Article 234 of the Criminal Code on our website. Today, there are not only all legal grounds, but also legally significant documents for recognizing any case under this article subject to termination due to the absence of corpus delicti in the act, which is confirmed by the FSKN itself. Judicial practice is still contradictory. I do not know of acquittals (this does not mean that there are none). But the verdict in the mercury case considered in St. Petersburg, although it is guilty, in my opinion = veiled acquittal. The appointment of small fines under part three of Article 234 (with a sanction that allows punishment of up to 8 years in prison) is nothing more than a court’s recognition of the innocence of the accused if it is impossible for the judge to decide on acquittal (alas, courts are afraid to pass acquittals). It makes sense to familiarize yourself with the defense documents in this case..

See also the answer to question No. 161. There are all the necessary links, including the site “Chemists Case” http://www.himdelo.ru/

17.09.2007

question number 179

Alexey asks:

Hello. I am accused of 234 h 1 For the sale of methandienone in the amount of 100 tab. Oper said that there is a chance for article 75. I confessed everything, signed everything, gave the rest of the medicine. Moreover, the examination was unable to establish the amount of the active substance in the seized preparation, at least they said that they had not found a sample. Tell me there is a chance that the case will be terminated under Article 75? Or is it a divorce?

Answers the head of the paragraph:

There is a chance. But you can’t look into the soul of an investigator (in any case, without seeing him in the eyes). A conscientious investigator would have stopped, and not on the 75th, but in the absence of corpus delicti in the act. And even more conscientious – and would not excite, because any criminal prosecution for the circulation of potent and poisonous substances is illegal due to the lack of not only properly approved lists of such substances, but also the very definition of what a “potent substance” is.

The admission of guilt does not prevent you from appealing against the initiation of a criminal case in court in accordance with Article 125 of the Criminal Procedure Code of the Russian Federation. Argumentation in the answer to question No. 161.

The situation is exactly this: either rely on Article 75 or Article 80-1 of the Criminal Code (release by the court from punishment due to a change in the situation), or a fine (which is quite likely), or a suspended sentence (I believe that in the worst case). You also have the right, if the case goes to court, to apply for a special procedure for the consideration of the case (the so-called recognition transaction).

Or go on the attack. Moreover, there are grounds for appealing the initiation of the case to the court..

03.09.2007

question number 161

Michael asks:

Hello. I am a doctor, I work in a laboratory. Some time ago, as a result of a provocation on the part of FSKN employees, he was accused of selling ethyl ether, or rather not even the ether itself, but a mixture of Nikiforov 1: 1 with ethyl alcohol. This mixture is used to degrease glass slides. The undercover agent was a nurse in our hospital. Now comes the trial. ?? I am charged under Article 234, part 1. Is it possible to postpone the trial until the issue of Article 234 is resolved.

Answers the head of the paragraph:

Dear Michael! Procedural grounds for postponement or suspension of a case pending before the court are doubtful (see article 253 of the Code of Criminal Procedure of the Russian Federation). If the case is already being considered by the court, the process should be brought to an acquittal due to the absence of corpus delicti in the act.

The basis for justification is, first of all, the submission by the Government of the Russian Federation to the State Duma of the draft federal law No. 454790-4 “On Amendments to Article 234 of the Criminal Code of the Russian Federation.” This bill proposes to supplement Article 234 of the RF with a note, according to which the lists of potent and poisonous substances, as well as the large size of potent substances for the purposes of the Criminal Code, are established by the Government of the Russian Federation.

In an explanatory note to the bill, the Government of the Russian Federation indicates:

“The Plenum of the Supreme Court of the Russian Federation in the new resolution did not reproduce the recommendation for the courts of the Russian Federation to be guided in the consideration of cases of crimes related to the illegal circulation of potent or poisonous substances for sale (Article 234 of the Criminal Code of Russia), lists of potent and poisonous substances issued by an independent expert body – Standing Committee on Drug Control (hereinafter – PCCN).

Such a change in legal position is justified on the following grounds.

The PKKN is not a public authority. According to the State Register of Legal Entities, PKKN in its organizational and legal form is a non-profit organization.

The establishment of lists of any substances for the purpose of bringing to criminal liability is associated with the restriction of the rights and freedoms of citizens, in connection with which the approval of such lists by a non-profit organization does not meet the requirements of Article 55 of the Constitution of the Russian Federation.

At present, it is virtually impossible to prosecute persons who have committed crimes related to the illegal circulation of potent or poisonous substances, since there is no other list of these substances in order to prosecute crimes under Article 234 of the Criminal Code of Russia, except for the PKKN Lists. . “

It is important to emphasize that the developer of the project was the Federal Drug Control Service.

We post a bill with an explanatory note and other documents to it on our website.

A written request to attach to the case the bill and an explanatory note to it should be submitted.

In the application, it is advisable to indicate the address of the bill on the network on the documentation site of the State Duma ASOZD (Automated system for ensuring legislative activity). Note! Search engines do not show the site address http://asozd.duma.gov.ru

Draft Law: http://asozd.duma.gov.ru/work/dz.nsf/ByID/BFA6864BADD84E9EC325731C0038DF51/$File/454790.rtf?OpenElement

Explanatory note:

http://asozd.duma.gov.ru/work/dz.nsf/ByID/B3BBA6F2D3D7C9F9C325731C0038E6FA/$File/454790%D1%8F.rtf?OpenElement

It is appropriate for the judge to indicate the path to the bill in the petition (so that you can check the existence of such a document):

website address: http://asozd.duma.gov.ru

find in the menu the section “Search for bills and resolutions”, then in the search window that opens, set the project number 454790-4

Look also at the materials on our website:

in the “News” section of July 26 (“Will Parliament agree to dance to the music of drug control?”).

of July 20 (“The Chamber Commission insists on the termination of criminal prosecutions for potent substances”);

in the consultation section answers no. 48 and 90.

It will not be superfluous to refer to the position of the Public Chamber.

see http://www.himdelo.ru/prima/podrobnee/36/

The above link will lead you to a special resource dedicated to Article 234 of the Criminal Code – “The Case of Chemists” http://www.himdelo.ru/

Take a look (in part of the additional reasoning)

http://www.himdelo.ru/prima/podrobnee/39/

http://www.himdelo.ru/himia/podrobnee/15/

http://www.himdelo.ru/himia/podrobnee/11/

Give details.

In the near future, we will post on the website materials of a criminal case under Article 234 of the Criminal Code, recently examined in St. Petersburg, on charges of a group of persons in the sale of metallic mercury. Look there for the argumentation of the Kuzmins’ lawyer. The court passed a guilty verdict (did not dare to acquit), but under the sanctions, as they say, funny. Under part three of Article 234, fines were imposed in the amount of 4 to 20 thousand rubles.

The apparent leniency of the sentence (where the sanction is up to 8 years in prison) testifies to the understanding by the judge who considered the case, the illegality of the application of Article 234.

28.08.2007

question number 146

Maxim asks:

Hello!

More than once, questions have been asked under Art. 234. I just have a clarification on the table of large sizes of potent substances. Babayan himself writes that after last year’s plenum of the Supreme Court, the PKKN was not charged with determining the size, but many people are still accused according to this notorious table, for 3 hours. This is not even lawlessness, as with the lists of the SDV, this is already insanity. I would very much like to know your opinion on this matter, which excites many people. Yours faithfully.

Answers the head of the paragraph:

Dear Maxim, you are absolutely right: Article 234 of the Criminal Code of the Russian Federation CANNOT be applied at the present time, since it is not legally defined what potent and toxic substances are. There are no criteria for classifying certain substances as potent. In my opinion, any initiation of a criminal case against a person under Article 234 of the Criminal Code is itself a crime, falling under Article 299 of the Criminal Code (“Bringing a knowingly innocent person to criminal responsibility”).

Of course, it does not have any legitimacy and the determination of the size of what the lists of which are legally void.

For more details, see the material posted in the “News” section for July 26 (“Will the Parliament agree to dance to the tune of drug control?”).

A similar position is adhered to by the Commission of the Public Chamber, headed by Anatoly Kucherena (see in the same section the material of July 20 “The Commission of the Chamber insists on the termination of criminal prosecutions for strong substances”).

07.08.2007

question number 103

Alexey asks:

Hello. Please tell me if the sale of the root of the Kava-kava plant (Piper methysticum) in the Russian Federation is prohibited?

Answers the head of the paragraph:

The sale of the plant kava-kava (intoxicating pepper) in the Russian Federation is prohibited. The plant itself and the substances it contains, as well as dietary supplements containing substances from kava-kava are included in the Lists of Potent and Poisonous Substances. See Resolution of the Chief Sanitary Doctor of the Russian Federation of October 6, 2004 No. 4 “On the revocation of registration certificates for biologically active food additives”.

06.07.2007

question number 90

Asks NEJA:

Hello. Tell me if it is legal to sell pharmacological substances (insulin, growth hormone, etc.) for weightlifters. I know that such drugs are subject to the law on potent substances, and that they simply cannot be obtained. I would like to know everything on this issue.

I will be very grateful for your help…

Answers the head of the item

Many anabolic steroids are included in the Permanent Drug Control List. (the latest revision of this document is posted on our website). Responsibility for the acquisition, storage, use of potent substances has not been established. But if these actions were carried out for the purpose of marketing, or there was a sale of potent substances, criminal liability arises under Article 234 of the Criminal Code of the Russian Federation.

The problem, however, is that this criminal article, which has been actively used by the drug control lately, cannot be applied at all. Unfortunately, the courts turn a blind eye to a perfectly obvious situation.

Article 234 of the Criminal Code is structured in such a way that for its application there must be another normative legal act that determines the signs of a crime not specified in the article itself.

Compare Article 234 with Articles 228 and 2281 of the Criminal Code of the Russian Federation, which provide for liability for illegal traffic in narcotic drugs and psychotropic substances. The anti-drug articles of the Criminal Code are based on the Federal Law “On Narcotic Drugs and Psychotropic Substances” and the List adopted in accordance with this law (approved by the Decree of the Government of the Russian Federation of June 30, 1998 No. 681). But for Article 234, there are no legal grounds and legally accepted lists. She is suspended in the air.

The term “potent” is evaluative and ambiguous. The only legal definition of potent substances in Russian legislation is contained in Article 234 of the Criminal Code of the Russian Federation: substances that are “not narcotic drugs or psychotropic substances” are recognized as potent. This “definition”, of course, does not define anything.

But not only the concept itself is not disclosed anywhere. The criteria for assigning certain drugs to this category are unknown.

And what about the Lists of PKKN, which was discussed above, – you ask?

Those Lists of Potent and Poisonous Substances, on the basis of which Article 234 is currently quite actively applied, do not have legal force. PKKN – an expert organization with a vague status does not have the authority to adopt regulations, especially those affecting human rights, freedoms and obligations. The onset of criminal liability on the basis of some “minutes” of meetings of a certain self-proclaimed “presidium” contradicts the basic principles of law.

Since the PKKN Lists are not normative legal acts, they have not been officially published. Consequently, they are not obliged, and those who are prosecuted for trafficking in substances, the regime of restrictions on which has not been officially made public, cannot know them. The publication of the Lists in the special edition “New Medicines”, which does not even go to libraries, cannot be considered an official publication. The official publication is “Rossiyskaya Gazeta”.

There is a Decree of the President of the Russian Federation of May 23, 1996 No. 763 “On the procedure for the publication and entry into force of acts of the President of the Russian Federation, the Government of the Russian Federation and regulatory legal acts of federal executive bodies”. According to this decree, regulatory legal acts that have not undergone state registration, as well as registered but not published in the prescribed manner, do not entail legal consequences and cannot serve as a basis for regulating the relevant legal relations, applying sanctions to citizens, officials and organizations for failure to comply with those contained in their instructions, these acts cannot be referred to when resolving disputes.

With the statement of this clear as day, the circumstances should begin a conversation about potent substances, if such a conversation arises with an investigator or in court.

Unfortunately, practice testifies to the legal nihilism shown by law enforcement agencies and courts, when, according to Article 234 of the Criminal Code of the Russian Federation, persons are brought to justice and are sentenced to long terms of imprisonment..

Something must be done with this blatant lawlessness.

June 27, 2007

question number 48

Alexey asks:

Please tell me, if PKKN adds another substance to its lists, then from what moment can they be prosecuted for its circulation (resolution, publication (where?). Thank you

Answers the head of the paragraph:

This is a tricky question. If we approach the situation from the standpoint of law, then Article 234 of the Criminal Code is dead. The concept of “potent substance” is nowhere legally defined, and it is unknown to the international conventions on drugs. The Standing Committee on Drug Control is an expert non-profit organization not authorized to enact regulations.

If the List of Narcotic Drugs and Psychotropic Substances is approved by the Government of the Russian Federation on the basis of the Federal Law “On Narcotic Drugs and Psychotropic Substances”, then the lists of potent and toxic substances are approved by the PKKN, i.e. a group of citizens that once belonged to the Ministry of Health, and currently does not have such a prefix.

Lists are not officially published. Their publication in the little-known publication “New Medicines” is not an official publication. The Constitution, however, unconditionally requires the official publication for general information of any normative legal acts affecting the rights, freedoms and obligations of a person (Article 15).

Everything that happens under Article 234 of the Criminal Code is lawlessness.

But – it happens. People are persecuted and imprisoned for some unknown reason.

In this unconstitutional situation, it remains only to follow the focuses of Mr. Babayan Eduard Arminakovich, academician, professor, etc., etc. – follow the legal bases Consultant, Guarantor, tk. of course, PKKN has no website.

The latest version of the lists is posted here.

May 16, 2007

question number 39

Nikolay asks:

The product gamma-butyrolactone is a solvent for the paint and varnish industry. He is said to be included in the PKKN lists. Can its acquisition, storage, use be illegal? If yes, then on what basis, how should this or that document look and by whom it should be approved in order to have legal force. What is the responsibility? Do I need a license?

Answers the head of the paragraph:

Indeed, gamma butyrolactone was included in the PKKN List of Potent Substances by a decision of October 12, 2006.

Its acquisition, storage, use is not prosecuted. However, the sale of this substance and actions performed for the purpose of marketing are punished under Article 234 of the Criminal Code of the Russian Federation..

Since the PKKN is not a body empowered to adopt normative legal acts, there are reasonable doubts about the constitutionality of Article 234 of the Criminal Code, since criminal liability arises for the trafficking of substances, the list of which is not approved by law, as well as the law does not contain any reference norms empowering anyone to approval of the list of potent substances.

05/02/2007

question number 9

Lyokha asks:

What happens if the cops find a pack of tramadol in my pocket?

Answers the head of the paragraph:

Tramadol is classified as a potent substance, the list of which is approved by the Standing Committee on Drug Control (see Legislation / Departmental Acts / PCCN). The storage or transportation of potent substances without the purpose of marketing does not entail either criminal or administrative liability. Under article 234 of the Criminal Code of the Russian Federation, the sale of potent drugs and other actions with them committed for the purpose of marketing are prosecuted.

03/22/2007