THEFT OF NARCOTIC DRUGS OR PSYCHOTROPIC SUBSTANCES, AS WELL AS PLANTS CONTAINING NARCOTIC DRUGS OR PSYCHOTROPIC SUBSTANCES, OR THEIR PARTS CONTAINING NARCOTIC DRUGS OR PSYCHOTROPIC SUBSTANCES: LAWMAKING AND LAW ENFORCEMENT ISSUES

This comparative legal study focuses on two related criminal legal structures of the Special part of the Criminal code of the Russian Federation. This is, on the one hand, «theft of someone else’s property» as a criminal offense against property relations (articles 158-162, 164 of the criminal code), and on the other - «theft of drugs» as a crime against public health and public morality (article 229 of section IX of the criminal code). Differentiation of the called plunders is carried out on a set of criteria: the main and additional objects of crime; the subject of criminal infringement; features of structure of a crime on a design of the objective party; the maintenance of criminal act; character of socially dangerous consequences; the moment of the termination of plunders of someone else’s property and drugs; the purpose of a crime; the motive of deeds, etc. Besides, special attention is paid to the comparative analysis of the qualifying and especially qualifying signs of the considered groups of plunders. The authors of this article propose the term «theft» in Chapter 25 of the criminal code to replace the category of «misappropriation». For example, «misappropriation or extortion of narcotic drugs or psychotropic substances, as well as plants containing narcotic drugs or psychotropic substances, or parts thereof containing narcotic drugs or psychotropic substances». Third, the scientific discussion will include the addition of article 221, located in Chapter IX «Crimes against public safety and public order» of the criminal code, with a new structural unit - a note. In the specified note it is offered to give the description of objective and subjective signs of illegal taking of drugs and other generally dangerous subjects withdrawn or limited in civil turnover.

legal category, legal construction, economic crimes, property crimes, acquisitive property crimes, misappropriation, crimes against public safety, crimes against public health, theft of narcotic drugs or psychotropic substances