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On Amendments To Certain Legislative Acts Of The Russian Federation On The Issue Of The Cultivation Of Plants Containing Narcotic Drugs Or Psychotropic Substances Or Their Precursors

Original Language Title: О внесении изменений в отдельные законодательные акты Российской Федерации по вопросу культивирования растений, содержащих наркотические средства или психотропные вещества либо их прекурсоры

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RUSSIAN FEDERATION FEDERAL LAW amending certain legislative acts of the Russian Federation on plant cultivation Drugs or psychotropic substances or their precursors adopted by the State Duma on May 5, 2010 Approved by the Federation Council on 13 May 2010 Federal laws from 04.05.2011. N 99-FZ; of 07.12.2011 N 420-FZ; dated 29.12.2015 N 408-FZ) Article 1 Amend the Criminal Code of the Russian Federation (Legislative Assembly Russian Federation, 1996, 2954; 1998, N 26, est. 3012; 2002, No. 19, sect. 1795; 2003, N 50, sect. 4848; 2006, N 2, sect. 176; 2007, N 50, est. 6248; 2009, No. 31, sect. 3921; N 52, sect. 6453) the following changes: 1) (Spspent force-Federal Law of 07.12.2011 N 420-FZ 2) in article 228: (a) the name to be supplemented with the words " as well as illegal acquisition, storage, transportation of plants containing narcotic drugs or psychotropic substances or their parts containing "(b) The first part of the first paragraph after the words" in large amounts "should be supplemented with the words" as well as illegal acquisition, storage, carriage without the purpose of marketing plants containing narcotic drugs. " psychotropic substances or their parts containing narcotic drugs (c) Notes 1 and 2, as follows: " Remarks. 1. A person who has committed the crime set out in this article by voluntary surrender of narcotic drugs, psychotropic substances or their analogues, plants containing narcotic drugs or psychotropic substances or their parts containing narcotic drugs or psychotropic substances narcotic drugs or psychotropic substances, and actively contributing to the detection or suppression of offences involving illicit trafficking in specified means, substances or their analogues, as well as illegal acquisition, storage, transport of such plants or their parts containing narcotic drugs or psychotropic substances, the denunciation of the perpetrators, the detection of property obtained by criminal means shall be exempted from criminal liability for the offence. The voluntary surrender of narcotic drugs, psychotropic substances or their analogues, plants containing narcotic drugs or psychotropic substances or their parts containing narcotic drugs or psychotropic substances may not be recognized Seizures of such means, substances or their analogues, such plants or their parts containing narcotic drugs or psychotropic substances, when the person is detained and in the production of investigative actions for the detection and seizure of the said funds, or their analogues, such plants or their parts containing narcotic drugs Substances or psychotropic substances. 2. Large and particularly large amounts of narcotic drugs and psychotropic substances, as well as large and large amounts for plants containing narcotic drugs or psychotropic substances or their parts containing narcotic drugs or of psychotropic substances, for the purposes of this article, articles 228 to 1 and 229 of the present Code shall be approved by the Government of the Russian Federation. "; the transfer of plants containing narcotic drugs or psychotropic substances, or their parts containing narcotic drugs or psychotropic substances "; (b) the first part of the first paragraph after the words" their analogues "should be supplemented with the words" as well as the illicit marketing or transfer of plants containing narcotic drugs or of psychotropic substances or their parts containing narcotic drugs or psychotropic substances, "; 4) the first part of first article 228-2 should read: " 1. Violations of the rules of production, manufacture, processing, storage, accounting, leave, sale, distribution, distribution, transfer, acquisition, use, import, export or destruction of narcotic drugs or psychotropic substances, or precursors, instruments or equipment used for the manufacture of narcotic drugs or psychotropic substances under special control, rules for the cultivation of crops containing narcotic drugs or psychotropic substances substances or their precursors for use in scientific, objectives and expert activities, as well as violations of the rules of storage, accounting, sales, sale, transport, acquisition, use, importation, exportation or destruction of plants containing narcotic drugs or psychotropic substances or their Precursors and their parts containing narcotic drugs or psychotropic substances or their precursors, the loss of such plants or parts thereof if the act is committed by a person whose duty is to comply with the said rules, "; 5) in article 229: (a) the name to be supplemented with the words ", and (b) Plants containing narcotic drugs or psychotropic substances or their parts containing narcotic drugs or psychotropic substances; b Plants containing narcotic drugs or psychotropic substances or their parts containing narcotic drugs or psychotropic substances, "; (b)" b "of the third part after the words" psychotropic substances "should be supplemented with the words", and of plants containing narcotic drugs or psychotropic substances, or their parts containing narcotic drugs or psychotropic substances, "; 6) in article 231: (a) the name should read: " Article 231. Illicit cultivation of plants, containing narcotic drugs or psychotropic substances or their precursors; b) in part one: the first paragraph should read: " 1. Illicit cultivation of large amounts of plants containing narcotic drugs or psychotropic substances or their precursors-"; in paragraph 2, the word" shall be punished "; The second is to read: "in a particularly large size,"; g) the note should read: " Note. Large and particularly large amounts of plant cultivation containing narcotic drugs or psychotropic substances or their precursors are approved by the Government of the Russian Federation for the purposes of this article. ". Article 2 Amend the Federal Law of 8 January 1998 N 3-FZ "On narcotic drugs and psychotropic substances" (Legislative Assembly of the Russian Federation Federation, 1998, N 2, sect. 219; 2003, N 2, sect. 167; 27, sect. 2700; 2005, N 19, sect. 1752; 2006, N 43, sect. 4412; N 44, est. 4535; 2007, N 30, est. 3748; 2008, N 30, est. 3592; 2009, N 29, 100. 3614) the following changes: 1) in article 1: (a) in the second paragraph of the second word "plants," delete; b) in the paragraph 7 of the word "plant cultivation;" delete; in) add the following paragraphs Content: " Plants containing narcotic drugs or psychotropic substances or their precursors (hereinafter-drug-containing plants)-plants from which narcotic drugs, psychotropic substances or their substances may be obtained Precursors that are included in the list of plants containing narcotic drugs or psychotropic substances or their precursors and subject to control in the Russian Federation; cultivation of drug-containing plants-activities related to the creation of special conditions for the cultivation and cultivation of narcotic plants, and also their cultivation and cultivation, the improvement of cultivation technology, the development of new varieties, increased yield and resistance to adverse weather conditions; illicit cultivation of drug crops- Cultivation of drug-containing plants in violation of the of the Russian Federation. "; 2) to supplement article 2-1 as follows: " Article 2-1. The list of plants containing narcotic drugs or psychotropic substances or their precursors and subject to control in the Russian Federation 1. The plants subject to control in the Russian Federation shall be included in the list of plants containing narcotic drugs or psychotropic substances or their precursors and subject to control in the Russian Federation. 2. The list of plants containing narcotic drugs or psychotropic substances or their precursors and subject to control in the Russian Federation is approved by the Government of the Russian Federation on the recommendation of the Federal Executive The health sector or the federal executive authority controlling the traffic in narcotic drugs and psychotropic substances and in coordination with the federal executive authority in the field of agriculture. 3. Storage, transport, transfer, transfer, sale, acquisition, use, importation (exportation) of narcotic plants and parts of such plants not included in the list of narcotic drugs, psychotropic substances and their precursors subject to control in the The Russian Federation shall apply control measures similar to those applied to narcotic drugs, psychotropic substances or their precursors. 4. Control measures referred to in paragraph 3 of this article shall not apply to the varieties of narcotic plants licensed for industrial purposes (except for the production and manufacture of narcotic drugs and psychotropic substances). and their parts. "; 3), article 5, paragraph 1, should read: " 1. In the Russian Federation there is a State monopoly on the main activities connected with trafficking in narcotic drugs, psychotropic substances (development, processing, distribution, import (export), destruction of narcotic drugs). and the cultivation of narcotic plants for use in scientific, educational and expert activities. "; 4) in article 10: (a) the name to be supplemented with the words", and (or) cultivation (b) Paragraph 1, after the words "psychotropic substances" "to be supplemented by the words", and (or) cultivation of drug containing plants for use in scientific, educational and expert activities "; , paragraphs 2 to 4, amend to read: " 2. The legal entity carrying out activities related to the trafficking of narcotic drugs and psychotropic substances and (or) cultivation of narcotic plants for use in scientific, educational and expert activities must be Provision is made for the accounting and preservation of narcotic drugs, psychotropic substances and drug-containing plants. 3. A legal entity may carry out activities related to trafficking in narcotic drugs and psychotropic substances and (or) cultivation of narcotic plants for use in scientific, educational and expert activities, if available { \b } { \b } { \b } { \b } { \b } { \b } { \b } { \b } { \b } { \b } { \b } { \b } of narcotic drugs and psychotropic substances The conformity of facilities and facilities in which activities related to the trafficking of narcotic drugs and psychotropic substances and (or) cultivation of drug-containing plants are in accordance with the requirements for the facilities and facilities by State or municipal health institutions in accordance with the procedure established by law of the Russian Federation for the absence of a certificate of absence from the employees of the Ministry of Public Health of the Russian Federation. access to narcotic drugs or psychotropic substances or cultivated narcotic plants, drug addiction, substance abuse, chronic alcoholism; opinions of drug control agencies; and of psychotropic substances not available to employees who, in accordance with their official duties, must have access to narcotic drugs or psychotropic substances or to cultivated narcotic plants, uncollected or uncollected Criminal convictions for medium gravity, grave, especially grave Crime or crime of illicit trafficking in narcotic drugs, psychotropic substances, their precursors or illicit cultivation of narcotic plants, including the crime committed outside the Russian Federation THE RUSSIAN FEDERATION 4. Requirements for the provision of engineering facilities for the protection of facilities and premises in which activities related to the trafficking of narcotic drugs and psychotropic substances are carried out, and (or) cultivation of drug-containing plants, are established in the order determined by the Government of the Russian Federation. "; 5) (Spspent force-Federal Law 29.12.2015 N 408-FZ) 6) in article 15, paragraph 1, of the words "cultivation of plants on the list", delete; 7) Article 18 should read as follows: " Article 18. Cultivation of narcotic plants 1. In the territory of the Russian Federation there is no cultivation of narcotic plants except cultivation of such plants for use in scientific, educational purposes and in expert activities and cultivars of drug-containing plants allowed for Cultivation for industrial purposes (excluding the production and manufacture of narcotic drugs and psychotropic substances). 2. The cultivation of narcotic plants for use in scientific, educational and expert activities is carried out by State unitary enterprises and public institutions, with a licence for the activity in question. 3. Cultivation of varieties of narcotic plants licensed for industrial purposes (excluding the production and manufacture of narcotic drugs and psychotropic substances) is carried out by legal entities or individual entrepreneurs. 4. The range of drug-containing plants permitted for industrial purposes (excluding the production and manufacture of narcotic drugs and psychotropic substances), the requirements for such varieties and the conditions for their cultivation shall be established. The Government of the Russian Federation. "; 8) in article 29: (a) the name should read: " Article 29. Destruction of narcotic drugs, psychotropic substances of substances and their precursors, tools, equipment and drug-containing plants "; b), paragraphs 3 and 4 should read " 3. Legal and natural persons who are owners or users of land on which drug-containing plants are cultivated or cultivated are obliged to destroy them, except in cases of cultivation of narcotic plants The use of scientific, educational and expert activities and varieties of drug-containing plants authorized for industrial purposes (excluding the production and manufacture of narcotic drugs and psychotropic substances). 4. In the event of failure to comply with the obligation to destroy drug-containing plants within the time limit prescribed by the authority of the authorized body, the authorized body shall ensure their forcible destruction, with reimbursement for such destruction by to the legal or natural persons referred to in paragraph 3 of this article. "; in) to supplement paragraph 5 with the following: " 5. The procedure for the destruction of narcotic plants is established by the Government of the Russian Federation. "; "; 10) in article 37: (a) in the third paragraph of paragraph 1 of the word" quantities of plants on the list ", delete; (b) in paragraph 2 of the word" plant cultivation ", delete; 11) in article 46: (a) the name should be supplemented with the words " and in Cultivation of narcotic plants "; b), paragraphs 1 and 2, amend to read: " 1. Promotion of narcotic drugs, psychotropic substances and their precursors, cultivation of narcotic plants by legal entities or natural persons, and aimed at disseminating information on methods, methods of development, manufacturing the use of narcotic drugs, psychotropic substances and their precursors, their places of purchase, methods and sites of cultivation of narcotic plants, as well as the production and distribution of books, products and mass media information, distributing the specified information through The use of information and telecommunications networks or other activities for this purpose is prohibited. 2. The promotion of the use of certain narcotic drugs, psychotropic substances, their analogues or precursors, of drug-containing plants, including the use of narcotic drugs for medical purposes, is prohibited. of psychotropic substances, drug-containing plants, the overwhelming will of the person or adversely affecting his mental or physical health. "; 12) in article 48: (a) in the name of the word" plants on the List " replace the words "drug containing plants"; b) in paragraph 1 The words "plants included in the list" should be replaced by the words "drug containing plants"; 13) in the second paragraph of article 53, paragraph 1, of the words "plants included in the list". class="ed"> (Overtaken by the Federal Law 04.05.2011) N 99-FZ) Article 4 Paragraph 5 of Part Two of Article 151 of the Code of Criminal Procedure of the Russian Federation OF THE PRESIDENT OF THE RUSSIAN FEDERATION 4921; 2002, N 22, sect. 2027; N 30, est. 3020, 3029; N 44, sect. 4298; 2003, N 27, sect. 2700, 2706; N 50, sect. 4847; 2004, N 27, sect. 2711; 2005, N 1, est. 13; 2006, N 28, sect. 2975, 2976; N 31, est. 3452; 2007, N 1, est. 46; N 24, est. 2830, 2833; N 49, sect. 6033; N 50, sect. 6248; 2009, N 11, sect. 1267; N 44, st. 5170; 2010, N 1, est. 4; N 15, sect. 1756), after the words "their analogues," should be supplemented by the words "plants containing narcotic drugs or psychotropic substances or their parts containing narcotic drugs or psychotropic substances,". Article 5 class="doclink " href=" ?docbody= &prevDoc= 102138458&backlink=1 & &nd=102074277" target="contents"> Russian Federation Code of Administrative Offences (Russian Federation Law Assembly, 2002, N 1, Art. 1; N 30, sect. 3029; N 44, st. 4295; 2003, N 27, sect. 2700, 2708, 2717; N 46, st. 4434; N 50, st. 4847, 4855; 2004, N 31, st. 3229; N 34, st. 3529, 3533; 2005, N 1, st. 9, 13, 45; N 10, st. 763; N 13, est. 1075, 1077; N 19, st. 1752; N 27, sect. 2719, 2721; N 30, est. 3104, 3131; N 50, sect. 5247; 2006, N 1, sect. 10; N 10, est. 1067; N 12, est. 1234; N 17, est. 1776; N 18, st. 1907; No. 19, sect. 2066; N 23, st. 2380; N 31, st. 3420, 3438, 3452; N 45, sect. 4641; N 50, sect. 5279; N 52, sect. 5498; 2007, N 1, st. 21, 29; N 16, sect. 1824, 1825; N 26, sect. 3089; N 30, est. 3755; N 31, st. 4007, 4008; N 41, est. 4845; N 43, sect. 5084; N 46, st. 5553; 2008, N 18, sect. 1941; N 20 2251; N 30, sect. 3604; N 49, sect. 5745; N 52, 6235, 6236; 2009, N 7, st. 777; N 23, st. 2759; N 26, st. 3120, 3122; N 29, 100. 3597, 3642; N 30, stop. 3739; N 48, sect. 5711, 5724; N 52, est. 6412; 2010, N 1, st. (1) The following changes: 1) the first paragraph of article 3.12, paragraph 1, after the words "precursors," to be supplemented by the words "plants containing narcotic drugs or psychotropic substances or their precursors and their parts containing narcotic drugs". or psychotropic substances or their precursors, "; 2) in article 6.8: (a) the name to be supplemented with the words" and illegal acquisition, storage, transport of plants containing narcotic drugs or psychotropic substances, or their parts containing narcotic drugs or psychotropic substances "; b) the first paragraph after the words "their analogues" should be supplemented with the words " as well as illegal acquisition, storage, transport of plants containing narcotic drugs or psychotropic substances or their parts containing narcotic drugs or psychotropic substances in the second word "entails"; g) in the footnote of the words "or psychotropic substances, and their analogues" should be replaced by ", psychotropic substances, their analogues or plants containing narcotic drugs or psychotropic substances, or their parts containing narcotic drugs or psychotropic substances; (3) in article 6.13: (a) the name to be supplemented with the words ", the plants containing narcotic drugs or psychotropic substances or their precursors, and their precursors parts containing narcotic drugs or psychotropic substances or their precursors "; b) first after the words" their precursors "to be supplemented with the words", plants containing narcotic drugs or psychotropic substances or their precursors and their parts containing narcotic drugs or psychotropic substances or their precursors, "; 4) in article 6.16: (a) the name to be supplemented with the words", storage, accounting, sale, transport, acquisition, use, importation, exportation or destruction of plants containing narcotic drugs; or "Substances or their precursors and their parts containing narcotic drugs or psychotropic substances or their precursors"; b) first after the words "their precursors" to be supplemented with the words " and storage, accounting, of the transport, acquisition, use, import, export or destruction of Plants containing narcotic drugs or psychotropic substances or their precursors and their parts containing narcotic drugs or psychotropic substances or their precursors "; 5) in article 10.4: (a) in the name of the word "crops, places of storage and processing of plants included in the list of narcotic drugs, psychotropic substances and their precursors, to be controlled in the Russian Federation, and cannabis" be replaced by " crops and plants containing narcotic drugs or psychotropic substances or their precursors "; (b) In the first paragraph of "crops, places of storage and processing of plants included in the list of narcotic drugs, psychotropic substances and their precursors subject to control in the Russian Federation, and cannabis", replace the words "crops and sites". Storage of plants containing narcotic drugs or psychotropic substances or their precursors "; 6) in article 10.5: (a) in the name of the word" included in the list of narcotic drugs, psychotropic substances and their precursors, for the Russian Federation and the wild hemp " replace in the first sentence of the list of narcotic drugs, psychotropic substances and their precursors Federation, and wild hemp "replace" with "containing narcotic drugs or psychotropic substances or their precursors"; 7) to be supplemented by Article 10.5-1, as follows: " Article 10.5-1. Illicit cultivation of plants, containing narcotic drugs or psychotropic substances or their precursors Illicit cultivation of crops containing narcotic drugs or psychotropic substances or their precursors, if the act does not constitute a criminal offence- shall impose an administrative fine on citizens of one thousand five hundred and four thousand roubles or administrative arrest for up to fifteen roubles 50,000 rubles ($); $100 million (in other days). 8) part 1 of Article 23.1 after the digits "9.14," to be supplemented with the figures "10.5-1,"; 9) in Part 2 of Article 28.3: (a) in paragraph 1, the words "Article 11.1, Part 2" shall be replaced by the words "Article 10.5-1, Article 11.1, Part 2"; (b) Paragraph 83 after "6.16," to be supplemented with "10.5-1,". Article 6 Article 7, paragraph 2 of Article 7 of the Federal Law of 13 March 2006 OF THE PRESIDENT OF THE RUSSIAN FEDERATION 12, sect. 1232) supplement the words ", plant containing narcotic drugs or psychotropic substances or their precursors and their parts containing narcotic drugs or psychotropic substances or their precursors". Article 7 The law enters into force 180 days after its official publication. President of the Russian Federation Dmitry Medvedev Moscow, Kremlin 19 May 2010 N 87-FZ