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On Amendments To Certain Legislative Acts Of The Russian Federation In Connection With The Improvement Of The Monitoring Of Precursors Of Narcotic Drugs And Psychotropic Substances

Original Language Title: О внесении изменений в отдельные законодательные акты Российской Федерации в связи с совершенствованием контроля за оборотом прекурсоров наркотических средств и психотропных веществ

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RUSSIAN FEDERATION FEDERAL LAW amending certain legislative acts of the Russian Federation in connection with improved control for the trafficking of precursors narcotic drugs and psychotropic substances adopted by the State Duma on June 24, 2009 Law from 04.05.2011. N 99-FZ Article 1 of the Russian Federation. 219; 2002, N 30, est. 3033; 2003, N 2, sect. 167; 27, sect. 2700; 2004, N 49, sect. 4845; 2005, N 19, sect. 1752; 2006, N 43, sect. 4412; N 44, est. 4535; 2007, N 30, est. 3748; N 31, st. 4011; 2008, N 30, est. 3592; N 48, sect. 5515; N 52, sect. 6233) the following changes: 1) in the word "psychotropic substances and" replaced with the words "psychotropic substances and their precursors, and"; 2) in article 1: (a) the sixth paragraph after the words "or psychotropic substances" add "or one or more precursors"; b) in paragraph 7 of the word "and their precursors", delete; , paragraph 11, amend to read: " Reprocessing of narcotic drugs, of psychotropic substances and their precursors, which have resulted in refining (extraneous matter), increasing the concentration of narcotic drugs, psychotropic substances or their precursors on the basis of drugs, psychotropic substances or their precursors narcotic drugs, psychotropic substances or their precursors, or receipt of substances other than narcotic drugs, psychotropic substances or their precursors; "; g) to supplement the following paragraphs: " Trafficking in precursors-development, production, processing, storage, shipment, shipment, leave, sale, purchase, use, import into the customs territory of the Russian Federation, export from the customs territory of the Russian Federation, the destruction of precursors authorized and controlled by The law of the Russian Federation; the production of precursors-actions aimed at getting ready to use and (or) the use of precursors from chemicals and (or) plants. "; (3) in article 2: (a) In point 1: in paragraph 5 of the word "(hereinafter referred to as Schedule IV)." be replaced by the words "(hereafter: List IV), which includes:"; to supplement the following paragraphs: " Table of Precursors, whose turnover in the Russian Federation is limited and subject to special control measures (hereafter referred to as Table I); table of precursors whose turnover in the Russian Federation is limited and for which general control measures are established (hereinafter referred to as Table II); table of precursors, trafficking in which in the Russian Federation The Federation is limited and for which the exclusion of certain measures is permitted. Control (hereafter referred to as Table III). "; b) to supplement paragraph 1-1 as follows: " 1-1. When forming the precursor tables referred to in paragraph 1 of this article, account should be taken of: characteristics of the physico-chemical properties of specific substances; scope and volume of the specific substances in the international sphere trade; the scale and volume of the use of specific substances in industry and the household; availability of reliable information on the use of specific substances in the illicit manufacture of narcotic drugs and psychotropic substances substances. "; 4) in article 4: a) in the name of the word Replace "psychotropic substances and" with "psychotropic substances and their precursors, and"; b), paragraph 1, amend to read: " 1. The State policy in the area of trafficking in narcotic drugs, psychotropic substances and their precursors, as well as their illicit trafficking, is aimed at establishing strict control over the traffic in narcotic drugs, psychotropic substances and psychotropic substances. substances and their precursors, the progressive reduction in the number of drug addicts, the reduction in the number of offences related to the illicit traffic in narcotic drugs, psychotropic substances and their precursors. "; , in paragraph 2: of "psychotropic substances and" should be replaced by the words "psychotropic substances". "psychotropic substances and their precursors, and"; paragraph 8, after the words "psychotropic substances", add the words "and their precursors"; to add a paragraph to read as follows: " Licensing of activities, associated with the manufacture, processing, storage, sale, acquisition and use of precursors made in Table I of Schedule IV. "; 5) in article 5: (a) the name to be supplemented with the words" and their precursors "; (b) supplement paragraph 7 with the following: " 7. The import (export) of precursors made to Table I of Schedule IV is carried out by State unitary enterprises. "; 6) in the title of Chapter II of the word" psychotropic substances and "to be replaced by" psychotropic substances and their precursors, and "; 7) in article 6: (a) in the name of the word" psychotropic substances and "replaced with" psychotropic substances and their precursors, and "; b) in paragraph 1, the words" psychotropic substances and " should be replaced by words "psychotropic substances and their precursors, as well as"; in) in paragraph 2 of the word "psychotropic substances" Substance and "replace" psychotropic substances and their precursors, and "; 8) in article 7: (a) in the name of the word" psychotropic substances and "replaced with" psychotropic substances and their precursors, and "; b) In paragraph 1, replace "psychotropic substances and" with "psychotropic substances and their precursors"; , in paragraph 3, the words "psychotropic substances and" replaced with "psychotropic substances and their precursors, and"; 9) in Article 28: (a), paragraph 1, amend to read: " 1. The import (export) of narcotic drugs, psychotropic substances and the import (export) of precursors made to Table I of Schedule IV are carried out by State unitary enterprises in accordance with the procedure established by the Government of the Russian Federation, The existence of a licence for the importation (exportation) of narcotic drugs, psychotropic substances and their precursors, issued by the federal executive authority responsible for State regulation of foreign trade activities, in accordance with Federal Act of 8 December 2003 No. 164-FZ " On the foundations of the State the regulation of foreign trade activities "(hereinafter referred to as the Federal Act on the basis of State regulation of foreign trade activities)."; b), paragraph 2 should read as follows: " 2. The import (export) of precursors made to Table II and Table III of Schedule IV is carried out by legal persons, irrespective of their form of ownership, subject to a licence to import (export) of narcotic drugs, psychotropic substances and their precursors, issued by the federal executive authority responsible for the regulation of foreign trade activities, in accordance with the Federal Act on the fundamentals of the State regulation of foreign trade activities, with the exception of in the cases provided for in paragraph 3 of this article. "; Paragraph 3 should read: " 3. In order to obtain a licence to import (export) narcotic drugs, psychotropic substances and their precursors, legal entities must obtain a certificate for the import (export) of narcotic drugs, psychotropic substances and their precursors (if any are medicines) and permission to import (export) narcotic drugs, psychotropic substances and their precursors issued by the federal executive authorities in accordance with the procedure established by the Government of the Russian Federation. The specified certificate and permission cannot be transferred to another legal entity. Individual entrepreneurs are not entitled to carry out activities for the importation (exportation) of narcotic drugs, psychotropic substances and their precursors. It is permitted to import (export) individual precursors listed in Table III of Schedule IV without a licence in size and within the time limits set by the Government of the Russian Federation. The list of precursors, import (export) of which is permitted without a licence is established by the Government of the Russian Federation. "; g) in paragraph 4: the first paragraph should read: " 4. In order to obtain a certificate and a permit for the importation (exportation) of narcotic drugs, psychotropic substances or their precursors, the legal entity shall submit to the relevant federal executive authorities statements in which they shall be indicated: "; In the third paragraph, replace "the name and legal addresses of a State unitary enterprise" with the words "the name and address of the location of the legal person"; in the fifth paragraph of the word "or psychotropic substance" Replace with the words ", psychotropic substance or their precursors"; In the sixth paragraph of the word "or psychotropic substance", replace the words "psychotropic substance or their precursors"; (para. 5) should read: " 5. The Federal Executive Office for the Control of Traffic in Narcotic Drugs and Psychotropic Substances shall transmit to the competent authority of the State the territory of which the precursors is intended to be exported. of the Russian Federation, including the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 1988; Amend the text as follows: " 6. The Customs authorities make a mark on the negotiable side of the licence to import (export) a particular shipment of narcotic drugs, psychotropic substances or their precursors. "; , in paragraph 7, replace the word" certificate "with the word" certificate ". "Licenses"; (s) in paragraph 10, replace "paragraph 11" with "paragraphs 8-1, 11 and 12"; and) to supplement paragraph 12 with the following: " 12. The importation (exportation) of narcotic drugs, psychotropic substances and their precursors by the military units and units of the federal executive authorities, in which the legislation of the Russian Federation provides for military service, with a view to securing them "Activities are carried out without a licence in accordance with the procedure established by the Government of the Russian Federation."; General provisions for the control of precursors 1. Precursor for precursors listed in Schedule IV are governed by this Federal Act, other federal laws and other legal acts of the Russian Federation. 2. The special control measures for precursors listed in Table I of Schedule IV include: Licensing of the manufacture, processing, storage, sale, acquisition and use of precursors, of the Russian Federation's legislation on the licensing of certain activities; restrictions on the admission of persons directly related to precursors; processing, storage, sale, acquisition, use and Destruction of precursors; establish reporting requirements on precursor activities; licensing of foreign trade in precursors; Security of activities related to the trafficking of precursors and exclusion of access to them by unauthorized persons; registration in special registers of any precursor operations. 3. Common control measures for precursor trafficking in Table II of Schedule IV include: establishing rules for the production, processing, storage, sale, acquisition, use and destruction of precursors; Establishing reporting requirements on precursor trafficking; licensing of foreign trade in precursors; trafficking in precursors and exclusion of access to them by unauthorized persons; Registration in special logs of any operations with precursors. 4. Control measures for precursors listed in Table III of Schedule IV include: reporting requirements for activities related to the trafficking of precursors; Precursors; establish security requirements for activities related to the trafficking of precursors and exclusion of unauthorized persons; registration in special registers of any precursor operations. 5. Admission of persons affected by drug abuse, substance abuse, chronic alcoholism, as well as having an outstanding or unconvicted criminal record for an offence of medium gravity, serious and particularly serious crime or a crime related to illicit The illicit traffic in narcotic drugs, psychotropic substances and their precursors is prohibited. 6. The list of persons who have access to work directly related to precursors listed in Table I of Schedule IV is approved by the head of the legal entity or an individual entrepreneor. 7. Legal persons and individual entrepreneurs may carry out activities related to the trafficking of precursors made to Table I of Schedule IV, subject to the provisions of article 28, paragraph 3, paragraph 3, of this Federal Law, if any the following documents: certificates issued by public or municipal health institutions, about the absence of workers who, due to their official duties, will have direct access to precursors and diseases drug addiction, drug addiction, chronic alcoholism, The law of the Russian Federation; opinions of the bodies responsible for controlling the traffic in narcotic drugs and psychotropic substances on the absence of workers who, by their official duties, have access to directly to precursors, non-expendable or uncollectable criminal records for the crime of moderate gravity, serious and particularly serious crime or the crime of illicit trafficking in narcotic drugs, psychotropic substances and their precursors, Number of offences committed outside the Russian Federation. 8. The procedure for the admission of persons to activities related to the trafficking of precursors made to Table I of Schedule IV is established by the Government of the Russian Federation. 9. Legal entities and individual entrepreneurs may use their own manufacture of precursors, as listed in Table I and Table II of Schedule IV, in quantities not exceeding their production needs, as defined in The procedure established by the federal executive body, which performs the functions of regulatory and legal regulation in the sphere of industrial complex. 10. The regulations for the manufacture, processing, storage, sale, acquisition, use, transport and destruction of precursors made in Table I and Table II of Schedule IV are established by the Government of the Russian Federation. 11. The legal entity and the individual entrepreneor engaged in activities related to the trafficking of precursors shall, subject to the provisions of article 28, paragraph 3, paragraph 3, of this Federal Act, provide for the conditions to be met The safety of such activities and the exclusion of access to precursors by unauthorized persons. 12. In carrying out activities related to the trafficking of precursors, any transactions in which their number is modified shall be recorded in the special registers by persons who are designated by the head of the legal entity, or an individual entrepreneor. These logs are kept for 10 years after the last entry. The Government of the Russian Federation shall establish the procedure for the maintenance and storage of the journals. 13. In cases of violations of the rules on the trafficking of precursors by a legal entity, an individual entrepreneor or a person having access to work directly related to precursors, these persons are held liable in accordance with the law of the Russian Federation. "; 11) in article 34: (a) in the name of the word" and psychotropic substances "to be replaced by", psychotropic substances and their precursors "; b) in paragraph 1 of the word" and psychotropic substances " read ", psychotropic substances and their precursors"; 12) in article 35: (a) In the name of the word "and psychotropic substances", replace the words ", psychotropic substances and their precursors"; b) with the use of narcotic drugs and psychotropic substances; of psychotropic substances and their precursors; 13) in article 36: (a) in the name of the word "and psychotropic substances" to be replaced by ", psychotropic substances and their precursors"; b) the words "and psychotropic substances" Replace with the words ", psychotropic substances and their precursors"; 14) supplement Article 36-1 as follows: " Article 36-1. Use of narcotic drugs and psychotropic substances by military units and units Use of narcotic drugs and psychotropic substances by military units and federal units " The executive authorities, in which the Russian Federation provides for military or law enforcement services, with the participation in armed conflicts, operational-combat activities, combat and combat training tasks, shall be carried out without Licenses in accordance with the procedure established by the relevant Federal by the executive branch in agreement with the federal executive authority controlling the traffic in narcotic drugs and psychotropic substances. "; (15) in article 37: (a) in the name of the word" and psychotropic Replace the words ", psychotropic substances and their precursors"; b) in paragraph 1: the first paragraph should read: " 1. Legal entities involved in activities related to trafficking in narcotic drugs and psychotropic substances, legal entities and individual entrepreneurs engaged in activities related to trafficking in precursors made to Table I and Table II of Schedule IV, subject to the provisions of paragraph 3 of article 28, paragraph 3, of this Federal Act, as well as the production of precursors listed in Table III of Schedule IV, must be presented in the form and in the order established The Government of the Russian Federation has the following information: "; In the second word, replace "or psychotropic substance" with the words ", psychotropic substances or their precursors made in Table I and Table II of Schedule IV, as well as the number of precursors produced in Table III of Schedule IV"; In paragraph 3, in the third word, replace the words "psychotropic substance or their precursors" in Table I and Table II of Schedule IV, the quantities of each produced precursor made in Table III of Schedule IV. (c) Paragraph 2, after the words "State quotas", to be supplemented with the words " and Precursors made in Table I and Table II of Schedule IV and on the production of precursors made in Table III of Schedule IV, "; 16) in the name of the word" and psychotropic substances "should be replaced with the words" psychotropic substances ". substances and their precursors "; (b) in paragraph 1 of the words" and psychotropic substances "to be replaced by the words" psychotropic substances and psychotropic substances "; substances and their precursors "; 18) in article 59, paragraph 6, the words" or replace by ", psychotropic substances or their precursors". Article 2 04.05.2011 N 99-FZ Article 3 This Federal Law shall enter into force one year after its official publication. President of the Russian Federation Dmitry Medvedev Moscow, Kremlin 18 July 2009 N 177-FZ