ОСОБЕННОСТИ СОУЧАСТИЯ В НЕЗАКОННОМ ОБОРОТЕ НАРКОТИКОВ ПО УГОЛОВНОМУ ЗАКОНУ РЕСПУБЛИКИ БЕЛАРУСЬ

Abstract

Based on the analysis of the qualifying features "a group of persons" and "an organized group" provided for in Article 328 of the Criminal Code of the Republic of Belarus, the article identifies the problems of their imputation, due to the construction of the objective side of the crime, as well as the complexity of their identification and establishment. It explains the inexpediency of including in the disposition of the article of the Special Part of the Criminal Code acts that simultaneously form the preparation and execution of a crime. Conflict situations are demonstrated, caused by a similar design of the articles of the Special Part of the Criminal Code. The content of quantitative, organizational-subjective and functional features of an organized group as the most dangerous form of complicity is revealed. The actual circumstances attributed by the courts to the evidence of the existence of an organized group created for drug trafficking are investigated. Particular attention is paid to the issues of criminal liability for drug trafficking committed by an organized group of minors.