The court was guided by the fact that amendments to the List of Narcotic Drugs, introduced by the Resolution of the Cabinet of Ministers of Ukraine No. 653 dated 24.05.2024, which transferred cannabis from especially dangerous narcotic drugs to narcotic drugs with limited circulation, cannot be considered as amendments to the criminal law. The court referred to the decision of the Constitutional Court of Ukraine, according to which changes to by-laws do not modify the criminal law and do not have retroactive effect. The court also decided to deviate from the previous practice of the Supreme Court, which allowed the application of such changes as grounds for mitigating liability.
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