Subject of Dispute: Determination of the Legal Nature of Changes to the List of Narcotic Substances and the Possibility of Applying Retroactive Effect of Law in a Criminal Case Regarding Illegal Cannabis Circulation.
Main Arguments of the Court:
1. Changes to the list of narcotic substances introduced by the Cabinet of Ministers’ resolution do not constitute changes to the criminal law.
2. The criminal law remains unchanged, even if the subordinate regulatory acts it refers to are modified.
3. The Constitutional Court previously explained that such changes cannot automatically alter criminal liability.
Court Decision: To leave the verdict and ruling unchanged, rejecting the prosecutor’s cassation appeal.
