Vitovskaya, E.S. Distinguishing related offences of unlawful turnover of narcotic substances and psychoactive substances in criminal and administrative law (part 1 of Art 228.1 of the Criminal Code of the Russian Federation and part 1 of the Art. 6.16.1 of the Administrative Offences Code of the Russian Federation

Abstract: Currently the scale of illegal turnover of narcotic substances and psychoactive substances in the territory of the Russian Federation poses a serious threat to the health of the nation, social, political and economic stability, security of the state. The growing rate of drug abuse among the population caused the growth of general crime level. The growth of crime rate is not limited to the crimes in the sphere of illegal turnover of narcotic substances, it also involves crimes, which are committed by addicted persons in order to gain money to buy narcotics. The staff of law-enforcement and judicial bodies face difficulties with distinguishing crimes and administrative offences in this sphere. That is why there is a close link between the positive results in the sphere of fighting these crimes and clear distinction of related offences. The article provides criteria for distinguishing related offences under the Russian criminal and administrative law, taking examples of Art. 228.1 part 1 of the Criminal Code of the Russian Federation and Art. 6.16.1 part 1 of the Administrative Offences Code of the Russian Federation. The methodology of this work involves the following research methods: comparative legal, special legal, dialectic, formal logical, structural systemic and analytical methods. The study involves theoretical and practical blocks including analysis of distinguishing related offences on illegal turnover of narcotic and psychoactive substances in criminal and administrative law, as well as analysis of distinction of crimes and offences under Art. 228.1 part 1 of the Criminal Code of the Russian Federation and Art. 6.16.1 part 1 of the Administrative Offences Code of the Russian Federation in court. The author points out that there is need for the Plenum of the Supreme Court of the Russian Federation to provide interpretation on distinction of related offences in its official interpretations.

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