At the end of the XX - beginning of the XXI century, the leveldistribution of narcotic drugs in the Russian Federation reached its peak. This relatively new version of getting "unforgettable sensations" has become a very fashionable way to relax. The problem is that drugs were distributed not only among young people, but also among part of the adult population of the Russian Federation.
As we understand, such a situation is sufficientnegatively affected the welfare of the whole society. To prevent massive degradation, state agencies declared a "war" to drugs throughout Russia. The government has taken drastic measures to protect society from drugs. First of all, a legal "frontier" was created, which consists in the criminal liability provided for in Article 228 of the Criminal Code of the Russian Federation.
This article fixes legal norms,due to which the punishment of persons illegally acquiring or keeping narcotic substances is carried out. However, the essence of the article of the Criminal Code 228 of the Russian Federation will be discussed later. We need to start to focus on its social aspect. With its help, not only the punishment of persons who keep drugs is produced, but also the re-education of those who are inclined to such actions. Already in 1998 the Ministry of Internal Affairs of the Russian Federation provided summaries, according to which more than one hundred thousand citizens of Russia were convicted under Article 228 of the Criminal Code of the Russian Federation. At the same time of their total number more than thirty thousand people were sentenced to such punishment as deprivation of liberty. Thus, one should remember in the analysis of Article 228 that this is not only a severe measure of restraint, but also a universal way of re-education.
The article contains in its structure severalparts. Each of them fixes sanctions imposed for crimes of varying severity and the amount of the crime subject. According to the first part of Article 228, illegal transportation, acquisition and storage, manufacturing, as well as processing without the purpose of further sale of narcotic drugs is punishable by a fine, compulsory, correctional labor, and imprisonment. Sanction is an alternative, so the court will consider the circumstances under which narcotic substances have been identified, as well as other significant facts. It should be borne in mind that deprivation of liberty for the first part of Article 228 can be for up to three years.
Very often, some citizens and even people,who have a legal education, do not understand the interpretation of the concepts of "illegal storage" and "illegal acquisition". As for the second phrase, it can be considered from several positions. For example:
Qualify and characterize the illegalstorage is much easier. Under this legal characteristic, any deliberate actions are taken to ensure the safety of narcotic drugs (wearing, hiding in hiding places, etc.).
We found that article CC RF 228 allows you to bring to the criminalresponsibility of persons who illegally store or acquire drugs, which constitute elements for their production, etc. However, in the same article, a qualified crime is presented, which is characterized by an aggravating circumstance - the actions listed in the first part of the article, committed on a large scale. If there is a qualified team, criminal responsibility is significantly increased, namely, a criminal can be sentenced to imprisonment for three to ten years, as well as a fine of up to five hundred thousand rubles. Unlike the first part of the article, the sanctions are quite severe, because there are no alternative punishments.
The most severely punished are the acts that fall under the consideration of part one of Article 228, committed in especially large amounts.
The term of imprisonment can vary fromten to fifteen years, while a fine of up to five hundred thousand rubles is imposed on a person. It should be borne in mind that the voluntary surrender of narcotic drugs to the relevant authorities, as well as all possible assistance to the investigation, completely free the person from criminal responsibility for illegal storage and acquisition.
So, we considered an article of the Criminal Code of the Russian Federation No. 228: what is it, what are the types of punishment for those who violated it, as well as the types of crimes involved.
