Voronin V.N. —
Criminal Responsibility for Fake Drug Packaging
// Legal Studies. – 2018. – ¹ 11.
– P. 1 - 13.
DOI: 10.25136/2409-7136.2018.11.27947
URL: https://en.e-notabene.ru/lr/article_27947.html
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Abstract: The subject of the research is the criminal laws and regulations of the Russian Federation aimed at protection of social relations and pharmacy safety of the population. To carry otu an in-depth criminal law analysis, the author has chosen to analyze actus reus described by Article 327.2 of the Criminal Code of the Russian Federation (hereinafter, CC or CC of the RF) that is a new law resulting from the adoption of the Federal Law of December 31, 2014 No. 532 'On Amending Certain Acts of the Russian Federation on Prevention of the Turnover of Fake, Pirate, Poor-Quality and Unrecorded Medical Products, Devices and Fake Biologically Active Additives'. The methodological basis of the research involves the following methodological principles: objectivity, interdisciplinarity, historicism, holism, consistency, structuredness, functionality, hierarchy, pluralism in law interpretation, and comparativism principles. The research also involves the following special methods: legal analytics, legislative techniques, legal comparative studies, and methods of legal modelling and forecasting. The novelty of the research is caused by the fact that this is the first in-depth criminal law analysis of the aforesaid actus reus. The author concludes that the legislator chose the wrong crime object which is the social relations that ensure the health and pharmacy safety of the population as a kind of social safety. The research has been sponsored by the President's Grant and the Ministry of Education and Science based on the Agreement 3608.2017.6.