On clarification of legislation on combating drugs

Despite the measures taken, the problems of drug use and drug-related crime remain acute worldwide.

For the Republic of Belarus, this is also a specific practical problem, which has a detrimental effect on all spheres of society's life, and in turn requires a serious approach and a competent choice of solutions.

The circulation of narcotic drugs, psychotropic substances, their precursors and analogues, potent and poisonous substances is recognised as illegal if it is carried out in violation of the legislation of the Republic of Belarus.

Liability for illegal use and circulation of narcotic drugs, psychotropic substances, their analogues and precursors is provided for by the Code of the Republic of Belarus on Administrative Offences and the Criminal Code of the Republic of Belarus.

Administrative liability for offences related to the illegal use and circulation of narcotic substances is provided for by Articles 16.1, 17.3, and 17.15 of the Code of Administrative Offences of the Republic of Belarus.

For example, Article 16.1 of the Code of Administrative Offences of the Republic of Belarus provides for a warning or a fine of up to 20 base units for sowing or cultivating prohibited plants, mushrooms containing narcotic drugs or psychotropic substances.

Article 17.3 of the Code of Administrative Offences provides for a fine of 5 to 10 base units for appearing in a public place in a state caused by the use of narcotic drugs or psychotropic substances, or their analogues, toxic or other stupefying substances without a doctor's prescription, which offends human dignity and public morality.

A fine of 8 to 12 base units is provided for being at work during working hours in a state caused by the use of narcotic drugs or psychotropic substances, or their analogues, toxic or other stupefying substances without a doctor's prescription.

A fine of 10 to 15 base units is provided for the use of narcotic drugs or psychotropic substances, or their analogues, in a public place without a doctor's prescription.

Article 17.15 of the Code of Administrative Offences of the Republic of Belarus provides for liability for failure to take measures to prevent the consumption and distribution of narcotic drugs, psychotropic substances, and their analogues. Thus, the failure by an individual entrepreneur or an authorized official of a legal entity to take measures stipulated by law to prevent the consumption of narcotic drugs or psychotropic substances without a specialist doctor's prescription, or the consumption of their analogues, or the sale of narcotic drugs, psychotropic substances or their analogues at discos, cultural and entertainment (night) clubs, gambling establishments, as well as the failure to inform law enforcement agencies about the detection of facts of such actions, if these actions do not constitute a crime, entail a fine ranging from 10 to 20 base units, and for an individual entrepreneur or a legal entity – from 20 to 50 base units.

Criminal liability for illegal operations with narcotic and psychotropic substances, as well as related crimes, is provided for by Articles 327-332 of the Criminal Code of the Republic of Belarus.

It should be remembered that criminal law provides for increased liability for the circulation of narcotic drugs for the purpose of sale, as well as for the circulation of narcotic drugs in particularly large quantities.

One should not forget about the possibility of avoiding criminal liability for illegal drug trafficking. Thus, a person who voluntarily surrenders narcotic drugs, psychotropic substances, their precursors and analogues, and actively contributes to the detection or suppression of a crime related to the illegal trafficking of such substances, the exposure of persons who committed them, or the discovery of property obtained by criminal means, shall be exempted from criminal liability for this crime.

Intern for the position of Assistant to T.V. Lukutin

Prosecutor of Lepel District