Author

Vyazemskaya A.A.

Title of article

Illegal cultivation of narcotic plants: approaches to legal assessment of the Russian and the Dutch legislation

Section

Comparative studies and foreign experience

Issue, year

1 (31) 2015

Abstract

The comparative legal study of the Russian and the Dutch legislation in the field of narcotic plants cultivation is provided. The legal responsibility for committing related crime in the Netherlands being analogous to an act stipulated by the Article 231 of the RF Criminal Code is analyzed. Similarities and differences of Russian and Dutch approaches to this legislative issue are shown. Basing on comparison of the elements of crime provided by the Article 231 of the RF Criminal Code and partially by the Articles 2 and 3 of the Dutch Opium Act some conclusions are made, notably: 1) the objective side of the elements of crime, provided by the Article 231 of the RF Criminal Code, implies only cultivation of plants containing narcotic drugs, psychotropic substances and their precursors. The Dutch Opium Law considers cultivation as one of possible means for conducting drug trafficking; 2) the Dutch Law provides criminal responsibility for committing two crimes characterized by similar objective sides of the elements of crimes as well as by different subject (what kinds of narcotic drugs are contained in cultivated plants). It is of no importance in the Russian legislation; 3) both legal systems have general principle of regulating public relation being an object of this crime: narcotic plants cultivation activity is dangerous and needs specific regulation. Conducting such activity for educational and medical purposes requires special permission/license specifying types of plants, purposes and terms of cultivation. Violating the rules of obtaining such permission/license or its restrictions is punishable.

Keywords

cannabis, cultivation, narcotic plants, narcotic drugs, the Netherlands, Opium Act, psychotropic substances.

References

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2. Brujin C.J.A. Legal framework at: Opium Act, Article 2. Lexplicatie, 2011.

3. Denie J.N.J. Сriminal handbook. Deventer: Kluwer 2002.

4. Wouters M. Cannabis control: consequences for consumption and cultivation. Amsterdam: University of Amsterdam. Dissertation. Faculty of Law. 2013.