from 01.01.2011 until now
Contractual and Legal Department of the Ministry of Internal Affairs of Russia (Contractual and Legal Department of the Ministry of Internal Affairs of Russia, glavnyy ekspert-specialist)
moscow, Moscow, Russian Federation
Abstract: Introduction. The article discusses the issues of the admissibility of criminal liability for the destruction of narcotic drugs, psychotropic substances and their precursors under Article 228.2 of the Criminal Code of the Russian Federation. The problem of distinguishing the criminal loss of narcotic drugs from their permanent destruction is relevant for the field of medical activity, where cases of loss of narcotic drugs are common. Attention is drawn to the fact that such destruction is criminal if it violates public relations to ensure public health. Methods. The main methodological approach of the study was a systematic approach. General scientific (functional, theoretical modeling, hypothesis building) and special (formal legal, comparative legal) methods of legal research are used Results. The author has shown that cases of destruction of narcotic drugs by negligence, which did not result in their transfer to third parties, are not criminally punishable. Attention is drawn to the fact that the careless loss of a narcotic drug may be criminal if its loss led to the loss of the ability to control the processes of drug use, including creating conditions for the receipt of a narcotic drug at the disposal of an outsider. The article analyzes the note to Article 228.2 of the Criminal Code of the Russian Federation, which limits the scope of this article of the criminal law.
Narcotic drugs, destruction, loss, criminal harm, public health, note to Article 228.2 of the Criminal Code of the Russian Federation
1. Zazulin G.V. Anti-drug policy in Russia. St. Petersburg. Law Center-Press. 2013. 327 p.
2. Kurchenko V.N. Counteraction to illegal trafficking of narcotic drugs and psychotropic substances: criminal law and criminal procedural aspects. St. Petersburg. Law Center-Press. 2003.427 p.
3. Malinin V.B., Klimenko T.M. Crimes in the sphere of circulation of narcotic, psychotropic, poisonous and other potent drugs. St. Petersburg. Law Center-Press. 2018. 300 p
4. Prokhorova M.L. Narcosis: criminal law and criminological research. St. Petersburg. Law Center Press. 2002. 284 p.
5. Burlakov V. Violation of the rules of trafficking in narcotic drugs or psychotropic substances: features of the corpus delicti and its qualification // Criminal law. 2012. No. 2. pp. 19-23.
6. Tokmantsev D. Socially dangerous consequences as a sign of the objective side of the corpus delicti provided for in Article 2282 of the Criminal Code of the Russian Federation // Criminal law. 2013. No. 3. pp. 43-47.
7. Altunin T.V. On the issue of the object of the crime provided for in Article 2282 of the Criminal Code of the Russian Federation // Laws of Russia: experience, analysis, practice. 2017. No. 7. pp. 80-83.
8. Lyubavina M.A. Criminal law counteraction to narcotic drugs: law, theory, practice. M. Yurlitinform. 2021. 752 p
9. Brilliantov A. Qualification of actions for the destruction of narcotic drugs // Legality. 2008. No. 6. pp. 17-20.
10. Tokmantsev D.V. The object of violations of the rules of drug trafficking // Modern law. 2017. No. 6. pp. 74-78.
11. Criminal liability for crimes related to violation of special rules / Edited by Y.E. Pudovochkin. M. RGUP. 2018. 458 p.
12. Tokmantsev D.V. Special signs of a subject violating the rules of drug trafficking (Article 228.2 of the Criminal Code of the Russian Federation) // Criminal law. 2016. No. 4. pp. 77-84.
13. Bimbinov A.A. Analysis of the practice of bringing medical workers to criminal responsibility: some conclusions // Criminal law. 2019. No. 6. pp. 4-10.
14. The complete course of criminal law. Vol. VII. Crimes against public safety and public order / Edited by A.I. Korobeev. St. Petersburg. Publishing house "Law Center - Academy". 2021. 1098 p.
15. Golenko D.V. Notes to the articles of the Special part of the Criminal Code of the Russian Federation // Bulletin of the University of the Prosecutor's Office of the Russian Federation. 2022. No. 2. pp. 67-75.
