Problems of criminal-legal characteristics of the corpus delicti provided for in article 228.1 of the Criminal Code of the Russian Federation (trafficking of narcotic drugs, psychotropic substances or their analogues)

The paper explores problematic points and possible ways to improve the regulatory framework governing the trafficking of narcotic drugs, psychotropic substances or their analogues by conducting a comprehensive analysis of criminal legislation in the field of illicit drug trafficking in conjunction with the study of judicial practice in criminal cases of crimes provided for in article 228.1 of the Criminal Code of the Russian Federation. Particular attention is paid to the issues of the correlation of the sale of narcotic drugs with crimes against public safety and public health, the problems of the objective side of the corpus delicti, the consequences of incorrect identification of its subjective side. Some recommendations to the legislator are formulated, which in essence do not criminalize or decriminalize certain provisions of article 228.1 of the Criminal Code of the Russian Federation, but are intended only to supplement and clarify existing ones in order to more unify judicial acts adopted in these cases and comply with the principle of unity of judicial proceedings.