Accepted at the twenty seventh plenary session of Inter-parliamentary Assembly of the State Parties of the CIS (The resolution of November 16, 2006 No. 27-6)
About drugs, psychotropic substances and their precursors
This Law establishes legal and organizational basis of state policy in the field of legal drug trafficking, psychotropic substances and their precursors, the organizations of counteraction to their illicit trafficking, and also the organization of prevention of drug addiction.
In this Law the following basic concepts are used:
drugs - the substances of synthetic or natural origin, medicines, plants classified as such in the corresponding international conventions and included in national lists of drugs, psychotropic substances and their precursors which civil circulation is prohibited or limited and is subject to control in the territory of the state according to the national legal system of the state;
psychotropic substances - substances of synthetic or natural origin, medicines, and equally in any natural materials classified as such in the corresponding international conventions or included in national lists of drugs, psychotropic substances and their precursors which civil circulation is prohibited or limited and is subject to control in the territory of the state according to the national legal system of the state;
precursors of drugs and psychotropic substances - the substances which are often used in case of production, production and conversion of drugs and psychotropic substances, entered in lists of precursors according to the national legal system of the state and the Convention of the UN on fight against illicit trafficking in drugs and psychotropic substances of 1988;
analytical samples of drugs and psychotropic substances - made (made) specially authorized organizations medicines of drugs or psychotropic substances which composition is confirmed with the certificate of conformity intended for calibration of the analytical equipment;
analogs of drugs and psychotropic substances - the substances prohibited for civil circulation not classified as drugs or psychotropic substances in the corresponding international conventions and not included in national lists of the drugs, psychotropic substances and their precursors which are subject to control in the territory of the state which chemical structure and properties are similar to chemical structure and to properties of drugs and psychotropic substances which psychoactive action they reproduce;
the national list of drugs, psychotropic substances and their precursors - the list of the drugs which are subject to control, the psychotropic substances and their precursors united in certain lists on the basis of the corresponding international conventions and the national legal system of the state;
summary the tables of establishment of quantity found in illicit trafficking in drugs and psychotropic substances - the list of drugs and psychotropic substances with the sizes established for the purpose of the penal legislation found in illicit trafficking in drugs and psychotropic substances;
civil circulation of drugs and psychotropic substances - set of transactions and other actions which subject are the drugs and psychotropic substances which are not withdrawn from legal circulation;
legal drug trafficking, psychotropic substances and their precursors - the type of activity permitted and controlled according to the national legal system of the state, connected with cultivation of the plants containing narcotic substances, development, production, production, storage, leave, realization, acquisition, movement (transportation and transfer, including import and export), use, distribution, transfer of samples and destruction of drugs, psychotropic substances and their precursors for the purpose of satisfaction of medical, production, scientific, educational, expert and other requirements of society and the state;
drug trafficking, psychotropic substances and their precursors - the type of activity performed with violation of the national legal system of the state, connected with cultivation of the plants containing narcotic substances, development, production, production, storage, sale, acquisition, movement (transportation and transfer, including import and export), use (including consumption) and destruction of drugs, psychotropic substances and their precursors;
prevention of drug addiction - set of the actions of political, legal, social, cultural, medical, economic, pedagogical and other nature directed to identification, the prevention and elimination of the reasons and conditions promoting origin at the person of the disease caused by dependence on drug or psychotropic substance;
counter-narcotics promotion - distribution and explanation of the views and knowledge directed to prevention of offenses which are connected with drug trafficking, psychotropic substances and their precursors, on forming at the person of aspiration to healthy lifestyle and negative attitude to illegal consumption of drugs and psychotropic substances;
the international quota for drugs and psychotropic substances - the limit of drugs and psychotropic substances which is annually approved by the International UN committee on control over drugs for the State Parties of the Single convention on drugs of 1961 and the Convention on psychotropic substances of 1971 based on calculation of needs for the drugs and psychotropic substances provided by the governments of the states;
the state quotas for drugs and psychotropic substances - the maximum quantity of drugs and psychotropic substances established by the government of the state according to international treaties based on recommendations of authorized state body in the field of health care at the rate of requirement of the state for drugs and psychotropic substances within which their legal turnover is performed;
cultivation of the plants containing narcotic substances - the actions connected with crops or cultivation of the plants containing narcotic substances;
production of drugs and psychotropic substances - actions as a result of which on the basis of drugs, psychotropic substances, their precursors and (or) plants the medicines containing drugs and psychotropic substances are received ready to use and consumption of form of drugs and psychotropic substances, including;
production of drugs, psychotropic substances - the actions directed to serial receipt of drugs, psychotropic substances from chemicals and (or) plants;
conversion of drugs, psychotropic substances - actions from which refinement (cleaning of foreign impurity), increase in medicine of concentration of drugs or psychotropic substances, and also obtaining on their basis of the substances which are not drugs or psychotropic substances results;
distribution of drugs and psychotropic substances - actions as a result of which according to established procedure particular legal entities receive in the sizes established for them specific drugs or psychotropic substances for implementation of their legal turnover;
import (export) of drugs, psychotropic substances and their precursors - movement of drugs, psychotropic substances and their precursors from customs area of one state on customs area of other state;
transportation of drugs, psychotropic substances and their precursors - actions for movement of drugs, psychotropic substances and their precursors irrespective of method of transportation and the storage location from one place in another within the territory of the state;
transfer of samples of drugs, psychotropic substances and their precursors - provision of samples of drugs, psychotropic substances and their precursors by one authorized state body performing counteraction to drug trafficking, psychotropic substances and their precursors to other such body, including in pursuance of international treaties, in the scientific, educational purposes, and also for implementation of operational search and expert activities;
medicine - the mix of substances in any physical condition containing one or several drugs and (or) the psychotropic substances included in the national list of drugs, psychotropic substances and their precursors;
drug addiction - the disease caused by dependence on drug or psychotropic substance;
sick drug addiction - person who is in condition of physical and (or) mental dependence on any drug or psychotropic substance and to whom by results of the physical examination conducted in accordance with the established procedure by medical institution the diagnosis "drug addiction" is made;
illegal consumption of drugs, psychotropic substances - consumption of drugs, psychotropic substances without appointment of the doctor, except as specified, established by the national legal system of the state;
medical examination - out-patient survey of person in medical institution for the purpose of establishment of condition of drug intoxication;
physical examination - inspection of person in medical institution for the purpose of establishment of the diagnosis "drug addiction";
narcological organization - medical institution which gives narcological help in the procedure established by the national legal system of the state to patients with drug addiction;
voluntary treatment of drug addiction - the treatment for drug addiction performed with the consent of the patient or his legal representative;
forced treatment of drug addiction - hospitalization based on the judgment concerning the patient with drug addiction who evades from voluntary treatment;
evasion from medical examination, physical examination or treatment of drug addiction - intentional failure to carry out of the order of competent (authorized) bodies and their workers of rather medical examination or physical examination, and also failure to carry out of appointments and recommendations of the doctor by person illegally consuming drugs or psychotropic substances.
The legislation on drugs, psychotropic substances and their precursors is based on the constitution of the state and consists of the national laws in the field of legal drug trafficking, psychotropic substances and their precursors, and also in the field of counteraction to their illicit trafficking and other regulatory legal acts of the state, and also international treaties ratified by the state accepted according to them.
1. The drugs, psychotropic substances and their precursors which are subject to control join in national lists of the drugs, psychotropic substances and their precursors which are subject to control in the territory of the state and depending on the control measures applied by the state are entered in the following lists:
the list of drugs and psychotropic substances which civil circulation is prohibited in the territory of the state (List I);
the list of drugs and psychotropic substances which civil circulation is limited and concerning which special (most strict) control measures in the territory of the state (List II) are established;
the list of drugs and psychotropic substances which civil circulation is limited and concerning which control measures in the territory of the state (List III) are established;
the list of drugs and psychotropic substances which civil circulation is limited and concerning which the exception of some control measures in the territory of the state (List IV) is allowed;
the list of the precursors which are subject to control in the territory of the state (List V).
2. National lists affirm and change according to the procedure, established by the national legal system, on representation of authorized state bodies and are subject to official publication according to the procedure, provided by the national legal system of the state.
Civil circulation of analogs of drugs and psychotropic substances (further - analogs) in the territory of the state is forbidden.
Turnover of analogs in the scientific, educational purposes, in expert and operational search activities according to the procedure, provided by the national legal system of the state is allowed.
The summary table of establishment of quantity found in illicit trafficking in drugs and psychotropic substances - the list of drugs and psychotropic substances with the sizes established for the purpose of the penal legislation found in illicit trafficking in drugs and psychotropic substances.
State policy in the field of legal drug trafficking, psychotropic substances and their precursors, and also in the field of counteraction to their illicit trafficking is directed to establishment of control of drug trafficking, psychotropic substances and their precursors, reducing number of patients with drug addiction and quantities of the offenses connected with drug trafficking, psychotropic substances and their precursors.
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