Bazulev, K.I. Specific features of elements of administrative offence under Art. 6.13 of the Administrative Offences Code of the Russian Federation (propaganda or advertisement of narcotic and psychoactive substances and their precursors, plants containing narcotic, psychoactive substances, their precursors, or their constituent parts, containing narcotic, psychoactive substances or their precursors).

Abstract: The article concerns substantial provisions on the propaganda and advertisement of narcotic and psychoactive substances and their precursors, plants containing narcotic, psychoactive substances, their precursors, or their constituent parts, containing narcotic, psychoactive substances or their precursors. The author offers characteristics of objective and subjective elements of this offence, analyzes public danger of this unlawful act, clarifies the characteristics of the crime subject. The author distinguishes propaganda or advertisement from the standard entrepreneurial acts aimed to promote t he goods, and not its markings, emblems, color or meaningful elements. Based upon the judicial practice the author criticizes the existing methods used for defining propaganda of narcotic and psychoactive substances. He provide examples of advertisement of narcotic substances in social networks and the practice of the Federal Drug Control Service on interception of these acts. He establishes that the current antinarcotic policy of the Russian Federation is unnecessarily strict and the norms of Art. 6.13 of the Administrative Offences Code of the Russian Federation regarding entrepreneurs promoting their goods in the consumer market is applied somewhat arbitrarily. In the opinion of the author it may be regarded as a departure from the main idea of fighting drug addiction (lowering the number of persons with drug addictions, lowering the level of crimes regarding illegal turnover of drugs and other encroachments committed by drug addicts), and it also devalues the very idea for the general public. The author formulates propositions on the improvement of the current legislation in part of clarifying the term “propaganda”.

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