Problems of understanding the sale of narcotic drugs in doctrine and judicial practice

In the article the problems of judicial and academic interpretation of the concept of sale of narcotic means and psychotropic substances. Currently, essential questions of understanding of marketing in order to distinguishing this transaction from other types of physical transfer of the drug to others, do not accept the sale, usually due attention in the literature is not given.

However, the establishment of accessory drugs precedes the criminal legal evaluation of actions of the owner, associated with its use and disposal. The correct definition of the subject, which has a real opportunity to determine the fate of drugs, similar to the powers of the owner, it is important not only for differentiation of the objective side of acquisition, storage, marketing and other activities, but also for differentiating between types of partners, and in some cases forms of complicity.

At the theoretical level, the resolution of the issues of identity of drugs and legal assessment of persons involved in their trafficking is carried out by applying to the relations arising between subjects of the illegal market of drugs, analogues civil constructions proprietary and contractual relations, which are based on the idea of the owner of the drug as the owner possessing a thing from itself and for itself, in contrast to its passive holder with no right of ownership and acting in the interests of the beneficiary. Illegal relations, the subject of which is the drug transferred well-known civil law model of legal relations, the main participants of which is the owner of a thing, while other persons are carriers derived from the owner of the rights.

The author provides a critical analysis of the current doctrine of criminal law position on the possibility of applying to illegal drug deals in civil constructions proprietary and contractual relations. Substantiates the inconsistency of approaches to the separation of marketing from other activities associated with the transfer of narcotic drugs, on the basis of civil-law categories. In order to solve the qualification tasks proposed to proceed from the actual content of illicit trafficking in narcotic drugs, expressed in their assignment and alienation.