RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF UKRAINE

of April 26, 2002 No. 4

About court practice on cases on crimes in the field of the address of drugs, psychotropic substances, their analogs or precursors

List of amending documents

Because spread of the drug addiction and rise in crime connected with the illegal address of drugs, psychotropic substances, their analogs or precursors find the increasing scales and become serious social factor which negatively influences life, health and wellbeing of people, the correct application of criminal precepts of law which provide responsibility for making of such crimes is important.

For the purpose of ensuring identical and correct application by courts of the current legislation in the field of the address of drugs, psychotropic substances, their analogs or precursors and explanation of questions which arise in court practice the Plenum of the Supreme Court of Ukraine DECIDES:

1. By hearing of cases about crimes which subject are drugs psychotropic substances, their analogs, the equipment intended for production of these means, substances, their analogs or precursors (article 305-320 of the Criminal code of Ukraine (further - UK), courts shall be guided by the laws of Ukraine of February 15, 1995 N 60/95-BP "About drugs, psychotropic substances and precursors" (in edition of the Law of December 22, 2006 N 530-V; further - the Law "About drugs..."), of February 15, 1995 N 62/95-BP "About measures of counteraction to the illegal address of drugs, psychotropic substances and precursors and abuses of them" (further - the Law "About measures of counteraction to the illegal address. ."), the List of drugs, psychotropic substances and precursors (further - the List) which affirms and changes the Cabinet of Ministers of Ukraine on representation of specially authorized body of the executive authority in the field of health care, and also Tables of small, big and especially big sizes of drugs, psychotropic substances and precursors which are in illegal circulation (further Tables) which affirm specially authorized body of the executive authority in the field of health care.

As special knowledge is necessary for establishment of type, the name and properties of drug, psychotropic substance, analog of such means, substance or precursor, their origin, method of production or conversion, and also accessory of narkotikosoderzhashchy plants, for this category shall be conclusion of the expert in these questions.

2. Draw the attention of courts that the Law "About Drugs..." governs the public relations in the field of the address in Ukraine of drugs, psychotropic substances, their analogs and precursors the procedure, conditions and features of implementation of the activities connected with such address are determined. At the same time it must be kept in mind that according to part three of article 3 of the specified Law in case the international treaty of Ukraine establishes other rules, than stipulated by the legislation about drugs, psychotropic substances and precursors, rules of the international treaty are applied.

The law "About Measures of Counteraction to the Illegal Address..." provides system of the actions allocated against the illegal address of drugs, psychotropic substances and precursors, power of the relevant state bodies on counteraction to such address including concerning the controlled delivery and operational purchase of drugs, psychotropic substances and precursors.

Articles 305-320 UK establish criminal liability for acts which are made contrary to requirements of the called laws, and in particular for illegal production, production, acquisition, storage, transportation, transfer, sale of drugs, psychotropic substances or their analogs, crops and cultivation of narkotikosoderzhashchy plants.

3. On contents of the Law "About Drugs..." it is necessary to understand all actions connected with serial receipt of drugs, psychotropic substances from chemicals and (or) plants including department of parts of plants or drugs, psychotropic substances from plants from which they are received as illegal production of drugs and (or) psychotropic substances, performed contrary to the procedure established by the law.

Serial receipt of drugs, psychotropic substances from chemicals and (or) plants it is necessary to understand the production process directed to receipt of batches of drugs, psychotropic substances on appropriate technology, the standard, sample.

Illegal manufacture of drugs, psychotropic substances - all this the actions (including refinement, increase in medicine of concentration of drugs and psychotropic substances or their conversion) performed contrary to the procedure established by the law as a result of which on the basis of drugs, psychotropic substances, precursors of drugs and psychotropic substances turn out ready to use and (or) application of form of drugs, psychotropic substances or medicines which contain them, or other drugs, psychotropic substances.

It is necessary to understand process of their obtaining of the corresponding initial raw materials as illegal manufacture of precursors in any manner, in any kind (powder, liquid, mix and so forth), preparation by mixing of different chemical medicines or chemical synthesis (reaction).

Illegal manufacture of drugs, psychotropic substances forms the finished actus reus since the moment when the actions directed to receipt of such means or substances ready to application, or to refinement or increase in medicines of their concentration began to be made.

Illegal acquisition of drugs, psychotropic substances, their analogs or precursors needs to be considered their purchase, exchange for other goods or things, acceptance as payments for the performed work or the provided services, loan, gift or debt repayment, the assignment found. Illegal acquisition is understood also as collection of remaining balance of narkotikosoderzhashchy plants on the compressed land after removal from them of protection, on the parcels of land of citizens, and also collection of such wild-growing plants or their parts on waste grounds. Acquisition of drugs, psychotropic substances, their analogs or precursors if it is performed according to requirements of article 27 of the Law "About drugs is not recognized illegal...", and also according to article 5 of the Law "About measures of counteraction to the illegal address..." (during operational purchase). In such cases in actions of persons which acquired these means and substances there is no actus reus.

It is necessary to understand any deliberate actions connected with the actual illegal finding of drugs, psychotropic substances of their analogs or precursors in ownership of the perpetrator as illegal storage (it can keep them around, in any room, storage or in other place). Responsibility for illegal storage of drugs, psychotropic substances, their analogs or precursors comes irrespective of its duration.

Illegal transportation of drugs, psychotropic substances, their analogs or precursors consists in deliberate movement by their any kind of transport within the territory of Ukraine with violation of procedure and the rules established by the current legislation.

It is necessary to distinguish their transferring from one place from transportation of drugs, psychotropic substances, their analogs or precursors in another during which transport is not used. Such actions shall be considered as storage of these means and substances.

Illegal transfer of drugs, psychotropic substances, their analogs or precursors is their illicit movement in space by sending by mail, baggage, the messenger or in a different way from one place in another within the territory of Ukraine. At the same time the crime is considered finished from the moment of registration and sending sending, baggage, the letter, parcel post with these means or substances irrespective of, the addressee received them or not. If the crime was not finished for the reasons which did not depend on will of the perpetrator (for example, in connection with detention during execution of the receipt on sending sending, parcel post or cargo container or in case of their survey at the time of delivery for transfer), actions of the last should be qualified as attempt at making of this crime.

The crimes provided by Articles 307, 309 or 311 UK are recognized finished from the moment of making of one of these Articles of alternative actions specified in dispositions. In cases when the perpetrator made one or several specified actions, but did not manage to make other action from those which were covered by its intention, the deeds should be considered as the finished crime on the performed operations, and unfinished action of separate qualification as preparation for crime or as the attempted crime does not require.

Implementation by the subject of business activity of the acts connected with the address of drugs and (or) psychotropic substances without receipt of the license is covered by actus reus, stipulated in Article 307 or 309 UK, and does not require additional qualification under article 203 or 202 UK.

4. Under illegal sale of drugs, psychotropic substances or their analogs (Art. 307 of UK, and also precursors (p. 2 of Art. 311 of UK) should understand any oplatny or unpaid forms of their realization contrary to the Laws "About drugs..." and "About measures of counteraction to the illegal address..." (sale, donation, exchange, debt repayment, loan, introduction by the owner of these means or substances of injections to other person with its consent and so forth). Mutual introduction of injections of drug, psychotropic substance or their analog by persons which acquired them for general means do not form sale.

On sale of drugs, psychotropic substances, their analogs or precursors can demonstrate intention as the corresponding arrangement with person who acquired these means or substances, and other circumstances, in particular: big or their especially big size; method of packing and packing; behavior of the subject of crime; the fact that person itself does not use drugs or psychotropic substances, but makes and stores them; and so forth. At the same time it must be kept in mind that responsibility for sale of such means and substances comes irrespective of their size.

Actions of person which under the guise of drugs, psychotropic substances, their analogs or precursors purposely markets any other means or substances for the purpose of taking money or property are required to be qualified as fraud, and in the presence to that the bases - and as instigation to attempt at illegal acquisition of drugs, psychotropic substances, their analogs or precursors, action of the buyer - as attempt at making of the crimes provided by the Art. 307, or the Art. 309, or Art. 311 of UK.

In cases when drug, the psychotropic substance or their analogs were at the same time made also for personal application, and for sale, committed it is qualified on cumulative offenses, provided by articles 307 and 309 UK. At the same time it must be kept in mind that according to Art. 309 of UK actions of the guilty person only regarding production shall be qualified, production and storage of these means and substances in that size in which he used them or planned to use.

The money or other things received by person for the realized drugs, psychotropic substances, their analogs or precursors are transferred to the income of the state based on item 4 p.1 to Art. 81 of the Code of penal procedure of Ukraine (further - the Code of Criminal Procedure), except for received during operational purchase which according to item 5 p.1 of the specified Article should be returned them to the legal owner.

5. Illegal production, production, acquisition, storage of drugs, psychotropic substances, their analogs or precursors and illegal transportation or transfer them for borders of the territory of Ukraine need to be qualified on cumulative offenses, provided by Art. 307 or Art. 309 and as smuggling according to Art. 305 of UK.

6. Responsibility for stealing, assignment, extortion of drugs, psychotropic substances, their analogs, the equipment intended for production of these means, substances and their analogs, and also precursors for taking them by fraud or abuse of the official of the official position comes respectively under Articles 308, of 313, 312 UK in case of their deliberate unlawful taking by any of these methods from the companies, organizations and the organizations irrespective of pattern of ownership or at certain citizens, including withdrawal of narkotikosoderzhashchy plants or their parts from the parcels of land of farms or citizens before the end of harvesting. At the same time does not matter, legally or illegally person owned drug, psychotropic substance, their analog or precursor or grew up narkotikosoderzhashchy plants which became subject of unlawful taking.

7. On content of parts 1 and 2 of the Art. 308, p.1 of the Art. 313, of parts 1 and 2 of Art. 312 of UK responsibility for plunder of drugs, psychotropic substances, their analogs whether the equipment intended for their production, or precursors comes in cases illegal secret or hidden, including using violence which is not life-threatening or health, or with threat of application of such violence (except for stealing in such a way of the equipment), their withdrawal at legal entities or physical persons which own them as is legal, and it is illegal (theft, robbery).

Robbery for the purpose of plunder of such means, substances, their analogs, the equipment or precursors forms crime components, the Art. provided by the p. 3 308, of the p. 3 of the Art. 313, of the p. 3 of Art. 312 of UK.

8. It is necessary to understand the actions connected with their illegal content or not return to the owner by person to which they were entrusted on service (for storage, transportation, transfer) or by which were withdrawn from other person who illegally owned them, and so forth as assignment of drugs, psychotropic substances, their analogs, the equipment intended for their production, or precursors.

9. According to p.1 Art. 308, p.1 313, p.1 Art. 312 of KK is qualified by the Art. respectively the extortion of drugs, psychotropic substances, their analogs, the equipment intended for their production, or precursors combined with threat of use of violence over the victim or his close relatives, restriction of the rights, freedoms or legitimate interests of these persons, damage or destruction of their property or property which is under their authority or under protection, or disclosure of data which they wish to keep in secret.

The extortion of drugs, psychotropic substances, their analogs or precursors combined using violence which is not life-threatening or health of person, or with threat of application of such violence forms actus reus, provided by the p. 2 of Art. 308 or the p. 2 of Art. 312 of UK.

If such actions, and also extortion of the equipment are combined with violence, life-threatening and health, they are qualified according to the p. 3 of the Art. 308, or the p. 3 of the Art. 312, or the p. 3 of Art. 313 of UK.

The racketing is the finished actus reus from the moment of the submission of demand combined with the corresponding threat or violence.

10. Illegal taking drugs, psychotropic substances, their analogs and subsequent their storage, transportation, transfer with sales objective or without such purpose, and also their illegal sale form cumulative offenses, provided by Art. 308 and Art. 307 or Art. 309 of UK, however do not form sign of the frequency provided by the p. 2 of Art. 307 or the p. 2 of Art. 309 of UK.

Set takes place and when from the stolen narkotikosoderzhashchy plants drug of new type (is made of hemp - hashish, hemp, tincture and extract, marijuana; from poppy straw - extraction or acetylized opium and so forth). There is also no frequency in this case.

11. According to Art. 312 of UK actions of person which stole, assignment, extortion of precursors are qualified or took control of them by fraud or abuse of the official position for the purpose of further sale. The illegal taking shall be qualified by these substances without such purpose under the relevant articles of section VI of the Special part of UK which provide responsibility for property offenses.

If person took control of precursors without the purpose of their sale, and through certain period sold to their other persons for production of drugs, psychotropic substances or their analogs, committed it is necessary to qualify on cumulative offenses under Articles which provide responsibility for plunder or other illegal infringement of alien property, and according to Art. 312 of UK on the basis of sale.

According to Art. 312 of UK also persons who sold precursor for production of drugs, psychotropic substances or their analogs bear responsibility.

12. According to Art. 313 of UK it is necessary to understand devices, devices, devices by means of which these means and substances are made (for example, the condensation pipe, the evaporator, the generator of vapors, press necessary for hashish production), or separate nodes, details of the corresponding aggregate as the equipment intended for production of drugs, psychotropic substances or their analogs (for example, the pump for suction of the filter in case of opium distillation). The household objects used for production of drugs, psychotropic substances or their analogs (kitchen ware, whitethroat for coffee, the meat grinder and so forth) the equipment intended for this purpose on contents of the law are not recognized. Also such objects of medical appointment as syringes, standard bottles for packing of drugs, glass by-pass tubes, etc. do not belong to the specified equipment.

If the taking was performed by the equipment without use purpose for production of drugs, psychotropic substances or their analogs, actions of the guilty person shall be qualified only under the relevant article of section VI of the Special part of UK which provides responsibility for property offenses.

13. Responsibility according to Art. 314 of UK comes when against its will drug, psychotropic substance or their analog was in any manner entered into organism of other person. The crime is considered finished from the moment of introduction of the specified means or substance.

On contents of the p. 2 of Art. 314 of UK and Art. 1 of the Law "About Measures of Counteraction to the Illegal Address..." it is necessary to understand condition of person which is characterized by pathological addiction to use of drugs, psychotropic substances or their analogs which arose owing to their illegal introduction in its organism as drug addiction. Resolving issue of whether led to drug addiction of the victim illegal introduction in its organism of drugs, psychotropic substances or their analogs, courts shall proceed both from the facts of the case, and from the expert opinion.

In case of qualification of this crime on the basis of illegal introduction of drugs, psychotropic substances or their analogs in organism of two and more persons (the p. 2 of Art. 314 of UK should consider that such actions shall be covered by single criminal intent of the guilty person and be made, as a rule, in the same place and without significant gap in time. In cases when the specified means (substances) were illegally entered into organism of two and more persons in different periods and it was not covered by single intention, frequency of this crime takes place.

Use of helpless condition of the victim as the qualifying sign of illegal introduction in organism of drugs, psychotropic substances or their analogs (the p. 3 of Art. 314 of UK is available when person on the physical or mental condition was not capable to understand nature and effects of the actions made concerning it or to resist (because of juvenile age, physical defects, disorder of mental activities, disease or unconscious state and so forth). For recognition of illegal introduction by it which is made with use of helpless condition does not matter, the guilty person himself brought the victim to such condition or the last arose irrespective of its actions.

Qualification according to the p. 3 of Art. 314 of UK on the basis of approach of death of the victim possible when it is determined that it occurred owing to illegal introduction in its organism against its will of drugs, psychotropic substances or their analogs. At the same time actions of the guilty person shall be characterized by direct intention of rather violent introduction in human body of the specified means or substances and imprudence concerning approach of death. They are completely covered the p. 3 of Art. 314 and additional qualification according to Art. 119 of UK do not require.

If the intention of the guilty person was directed to deprivation of the victim of life, criminal acts are subject to qualification on p.1 or corresponding Items of the p. 2 of Art. 115 but p. 2 or p. 3 of Art. 314 of UK.

14. Under inducement to use of drugs, psychotropic substances or their analogs (Art. 315 of UK should understand any deliberate not violent actions directed to excitement at other person of desire to use these means or substances at least once (the offer, arrangements, council, belief and so forth). Responsibility for this crime comes irrespective of inducement effects, i.e. from that, drug, psychotropic substance or their analog used other face or refused to make it.

The actions of the guilty person directed to excitement of desire to use drug, psychotropic substance or their analog at two persons more are qualified according to the p. 2 of Art. 315 of UK when they were covered by single intention of the guilty person and made, as a rule, in the same place without significant gap in time.

Inducement to use of drugs, psychotropic substances or their analogs of the minor forms actus reus, UK provided by the p. 2 of Art. 315. Actions of person which along with inducement of the minor to application of such means or substances attracted to participate him in the organization or content of the place for their application, production or production shall be qualified on cumulative offenses, the provided p. 2 of Art. 317 and the p. 2 of Art. 315 of UK.

If person who declined someone to use of drugs, psychotropic substances or their analogs marketed these means, substances to the consumer or participated in their plunder, illegal production, production, acquisition, storage, transportation, transfer with sales objective or without such purpose, its action should qualify on cumulative offenses, provided by Art. 315 and according to the Art. 307, or the Art. 308, or Art. 309 of UK.

15. Under illegal public use of drugs (Art. 316 of KK should understand application their open (obvious to other persons) method. It can be the injection of narcotic liquid, smoking of hashish, opium, application poppy straw and so forth. Responsibility comes irrespective of, one person or group of persons uses drugs publicly.

For responsibility for use of drugs the group of persons does not make sense, her participants used drugs in case of other persons or in their absence. The fact that group use of drugs is performed in such places as schools, schools, technical schools, colleges, higher educational institutions, stadiums, movie theaters, theaters, diskokluba and other similar institutions is important. Under other places of mass finding of citizens stations, piers, beaches, parks, playgrounds, underground passages, streets, the areas and so forth mean.

16. On contents of Art. 317 of UK places for illegal use, production or production of drugs, psychotropic substances or their analogs are understood as any residential or non-residential premises (the house, the apartment, casino, billiard room, bath, garage, shed, warehouse, attic, the cellar, dugout and so forth) provided that they are determined for use with the specified purpose.

The organization of such place consists in making by one or several persons of actions who actually led to its creation or were directed to it (room podyskivanima, preparation of devices for application, production and production of drugs or psychotropic substances, customer acquisition and accomplices, development of secret measures and so forth). The crime is considered finished from the moment of creation of such place irrespective of, it began to function or not.

Content of the specified place is set of actions for support of its functioning (material security, protection, attraction and customer service, implementation of secret actions and so forth). Person who contains such place can both own it, and to dispose on other bases.

For application, production or production of drugs, psychotropic substances or their analogs one or several persons should understand possibility as provision of the room to use it in such a way at least once.

The subjective party of the crime provided by Art. 317 of UK is characterized by fault in the form of direct intention. Obligatory sign of act is the special purpose - to provide illegal use, production or production of drugs, psychotropic substances or their analogs.

If person along with the organization (content) of the place or provision of the room for illegal use, production or production of drugs, psychotropic substances, their analogs abducted these means or substances or was engaged in their illegal production, production, acquisition, storage, transportation, transfer with the purpose or without sales objective, marketed them or declined other persons to their application, its action needs to qualify on cumulative offenses, provided by Art. 317 and according to the Art. 307, or the Art. 308, or the Art. 309, or Art. 315 of UK.

Content of the place, provision of the room at the same time for application, production or production of drugs, psychotropic substances, their analogs and for debauchery is qualified on cumulative offenses, provided by articles 317 and 302 UK.

17. The objective party of the crime provided by Art. 318 of UK consists in illegal manufacture, counterfeit, use or sale counterfeit or illegally the received documents which grant the right to the drugs, psychotropic substances or precursors intended for development, production of these means or substances.

Sale of such documents is any oplatny or unpaid form of their realization (sale, exchange, debt repayment and so forth) by person who made, counterfeited or illegally received such document, and also other person who realizes that the document is counterfeited or is illegally received.

Use of the specified documents takes place by their provision or presentation on the companies, in organization or the organization for the purpose of receipt of drugs, psychotropic substances or precursors. The crime is considered finished from the moment of provision or presentation of these documents irrespective of whether person could receive the specified means (substances). The fact of receipt of such means or substances shall be considered as their illegal acquisition and in the presence to that the bases to be qualified in addition depending on the purpose according to the Art. 307, or the Art. 309, or Art. 311 of UK. If the perpetrator was terminated at the time of provision or presentation of false documents, committed it is necessary to qualify in addition as attempt at illegal acquisition of these means (substances).

18. According to Art. 15 of the Law "About drugs..." issue by the doctor of the recipe on the right of acquisition of drugs and psychotropic substances is performed by the rules established by MOZ. Deliberate issue of such recipes contrary to these rules for mercenary motives or in other private interests attracts responsibility according to Art. 319 of UK. The crime is considered finished from the moment of illegal issue of the recipe.

19. Resolving issue of responsibility according to Art. 320 of UK for violation of statutory rules of crops or cultivation of poppy of sleeping pill or hemp, and also for abuse of regulations of production, production, storages, accounting, leave, distribution, trade, transportation, transfers or uses of the drugs, psychotropic substances, their analogs or precursors intended for production or production of these means (substances) courts shall find out what specifically rules were violated. At the same time it must be kept in mind that general rules of the address of drugs, psychotropic substances and precursors are established by the Law "About drugs...", and also Regulations on activities procedure in the field of the address of drugs, psychotropic substances and precursors (it is approved by the resolution of the Cabinet of Ministers of Ukraine of January 3, 1996 N 6 and other regulations of the Cabinet of Ministers, the ministries and departments.

From crime components, provided by articles 307 and 310 UK, actus reus, responsibility for which comes according to Art. 320 of UK, differs in the fact that in this case production, storage, distribution, realization of drugs, psychotropic substances, their analogs or precursors, crops or cultivation of poppy of sleeping pill or hemp are performed on legal causes, but with abuse of regulations of the address of these means, substances or narkotikosoderzhashchy plants.

Violation of statutory rules of the address of drugs, psychotropic substances, their analogs or precursors can be made as purposely, and on imprudence. Responsibility according to Art. 320 of UK is born by both office, and other persons who in connection with execution of the service or professional duties shall follow the specified rules (in particular, workers of drugstores, and also bases and warehouses where medicines are stored, medical institutions, research establishments, laboratories, the companies which grow up narkotikosoderzhashchy plants or make drugs, psychotropic substances, their analogs or precursors).

20. One of the qualifying signs of crimes of this type is the size of drugs, psychotropic substances and precursors: considerable, big or especially big. In case of its determination courts should be guided by Tables 1-3.

Taking into account that are provided by article 44 of the Code of Ukraine about administrative offenses responsibility for illegal production, acquisition, storage, transportation, transfer of drugs or psychotropic substances without sales objective in small sizes, responsibility on part one of article 309 UK comes in case of making of the illegal actions specified in this part with drugs or psychotropic substances in sizes which constitute size between the upper bound of the small sizes and the lower bound of the big sizes specified in Tables 1 and 2.

21. Resolving issue of qualification of actions of the guilty person, the court shall have on attention that when they were connected with drugs, psychotropic substances or their analogs of different types, the size of these means (substances) is determined leaving from their total quantity. If near such means or substances the precursor was subject of crime also, to inadmissibly combine their quantity with the number of the last. It is possible to constitute only quantity of precursors of different types.

22. Illegal production, acquisition, storage, transportation, transfer of drugs or psychotropic substances without sales objective in small sizes attract responsibility according to Art. 44 of the Code of Ukraine about administrative offenses.

23. Draw the attention of courts that by the current legislation release from criminal liability is performed only by court. With respect thereto it must be kept in mind that release of person from criminal liability based on the p. 4 of Art. 307 of UK for the crimes provided p.1 this Article and p.1 Art. 309 of UK is allowed only provided that the perpetrator voluntarily handed over drugs, psychotropic substances or their analogs and specified source of acquisition of these means (substances) or promoted disclosure of the crimes connected with their illegal address.

Delivery of drugs, psychotropic substances or their analogs is recognized voluntary if it took place under circumstances when person had and realized opportunity to continue unlawful activity, but did not wish these to use. Release from criminal liability and closing of criminal case on the specified bases shall be performed by the rules provided by Articles 7, of 71, of 72 Codes of Criminal Procedure. By the same rules the perpetrator which voluntarily addressed in medical institution is exempted from criminal liability based on the p. 4 of Art. 309 of UK for the actions provided p.1 this Article and began treatment for drug addiction.

Resolving issue of release of person from criminal liability for this reason, the court needs to find out whether really person had drug addiction and needed treatment for it whether on the case it addressed in medical institution and began treatment voluntarily whether but not by force and on the case sets as the purpose to recover from drug addiction, but not to avoid in such a way criminal liability for the committed crime.

24. On content of the regulations provided by the p. 4 of Art. 307 and the p. 4 of Art. 309 of UK, person can be exempted from criminal liability irrespective of when it made actions which give for this basis, but before the end of court investigation.

25. Draw the attention of courts that in case of removal of sentences the destiny of material dokazatelstvnarkotichesky means, psychotropic substances, their analogs, the equipment for their production, and also precursors shall be determined. At the same time it is necessary to be guided by the instruction about procedure for destruction of the drugs withdrawn from illegal circulation, psychotropic substances and precursors which use in the legal address acknowledged inexpedient, and also the equipment for their production (it is approved by the general order of the Ministry of Internal Affairs, the SSU, Prosecutor General's Office, MOZ, the Ministry of Justice and Supreme Court of Ukraine of June 27, 1995 N 437; it is registered by the Ministry of Justice of Ukraine on July 10, 1995 under N 210/746).

26. By consideration of cases of this category by courts it is necessary to pay attention to clarification of the reasons of making of crimes and conditions which helped it and to take proper measures to their elimination. In case of establishment of the place of cultivation of narkotikosoderzhashchy plants, and also the facts of lack of proper control of use of personal and other parcels of land of citizens owing to what on them are sowed and grown up poppy somnolent or hemp, courts with observance of the rules provided by the Code of Criminal Procedure shall report about it in public authorities for the corresponding reaction.

27. Recognize such which voided the resolution of the Plenum of the Supreme Court of Ukraine of February 27, 1998 N 3 "About court practice on cases on the crimes connected with drugs, psychotropic substances and precursors".

 

Chairman of the Supreme Court of Ukraine

V. F. Boyko

Secretary Plenuma, judge Supreme Court of Ukraine

M. P. Selivanov

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