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Law and Politics
Reference:
Belyaev I.Y.
Violators of the legal prescriptions of narcotics and psychotropic substances trafficking
// Law and Politics.
2022. № 4.
P. 14-23.
DOI: 10.7256/2454-0706.2022.4.37874 URL: https://en.nbpublish.com/library_read_article.php?id=37874
Violators of the legal prescriptions of narcotics and psychotropic substances trafficking
Belyaev Ivan Yur'evich
ORCID: 0000-0002-0126-0934
Graduate student, Department of Theory and History of State and Law and International Law, Federal State Autonomous Educational Institution of Higher Education "Samara National Research University named after Academician S.P. Korolev"
443086, Russia, Samarskaya oblast', g. Samara, ul. Moskovskoye shosse, 34
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ivanbeliaef@yandex.ru
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Other publications by this author
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DOI: 10.7256/2454-0706.2022.4.37874
Received:
13-04-2022
Published:
26-04-2022
Abstract:
The article is devoted to the scientific development of the problem of a special subject of crime, the composition of violations of the rules of trafficking in narcotic drugs and psychotropic substances. The subject of the study is the problem of the subject composition of violations of the rules of trafficking in narcotic drugs and psychotropic substances. The author examines in detail the grounds for bringing various categories of persons to criminal responsibility under Article 228.2 of the Criminal Code of the Russian Federation, analyzes the existing judicial practice and conducts a statistical analysis of the categories of persons brought to criminal responsibility under this article. The necessity of introducing a qualifying feature in Part 2 of this article is justified by analyzing the collected statistical material and theoretical developments. There is also a study of the public danger of crimes committed by persons using their official (official) position. The author examines the current state of the doctrine of criminal law, the arguments of authoritative scientists on the subject under consideration. The scientific novelty of the study consists in the collection and analysis of statistical material by categories of persons brought to criminal responsibility under Article 228.2 of the Criminal Code of the Russian Federation and its detailed analysis. It is argued that the commission of a crime by an official increases the public danger of such an act, in this regard, the author examines the necessity and validity of fixing the relevant qualifying feature in the text of the norm of Part 2 of Article 228.2 of the Criminal Code of the Russian Federation. The author draws the following conclusions: 1) among the subjects of this crime, two groups of persons can be clearly distinguished; 2) it is reasonable to create a qualified corpus delicti for officials. The author also made proposals to improve the legal technique of the domestic criminal law in terms of supplementing Part 2 of Article 228.2 of the Criminal Code with a new qualifying feature.
Keywords:
drug addiction, drug trafficking, the subject of the crime, public danger, criminal law, state, medical crimes, qualification of crimes, right, drugs
This article is automatically translated.
Thus, the subject of the crime under Article 228.2 of the Criminal Code of the Russian Federation is a special one. To recognize a person as a subject of a crime, his admission to work with narcotic drugs and psychotropic substances is necessary, and such a person does not necessarily have to be an official [10, p. 35]. Among the subjects of this crime, two groups can be clearly distinguished: persons with official powers, admitted to the circulation of narcotic drugs and psychotropic substances, and persons whose work function includes compliance with the rules of trafficking in narcotic drugs and psychotropic substances. In case of violation of the rules of trafficking in narcotic drugs and psychotropic substances by an official, damage is caused to two objects of protection of the criminal law, which indicates an increased public danger of such an act. At the same time, the current version of the Criminal Code does not contain a qualifying feature "committing a crime using one's official position" in the disposition of Article 228.2 of the Criminal Code of the Russian Federation. Based on the above arguments, we believe that the implementation of the provisions of Part 1 of Article 2 of the Criminal Code of the Russian Federation regarding the protection of public order and public safety from criminal encroachments in relation to the composition of the violation of the rules of trafficking in narcotic drugs or psychotropic substances can be ensured by the inclusion of this qualifying feature in the text of the criminal law, which will lead to the formation of a qualified composition of "violation of the rules trafficking in narcotic drugs or psychotropic substances committed using one's official position."
References
1. Belyaev I. Yu. The problem of control systems for illicit trafficking in narcotic drugs and psychotropic substances // Security Issues. - 2022.-No. 1.-P.35-47. DOI: 10.25136/2409-7543.2022.1.37626 [electronic resource], URL: https://e-notabene.ru/nb/article_37626.html (accessed 04/08/2022).
2. Avetisyan S.S. Complicity in crimes with a special composition: monograph. M.: Moscow, Unity, 2004.
3. Altunin, T. V. To the question of the subject of the crime provided for by Article 228.2 of the Criminal Code of the Russian Federation / T. V. Altunin // Legal Bulletin of the DSU. - 2017. - T. 24. - P. 130-134. – DOI 10.21779/2224-0241-2017-24-4-130-134.
4. Tokmantsev, D.V. Special signs of the subject of violation of the rules of drug trafficking (Article 228.2 of the Criminal Code of the Russian Federation) / D.V. Tokmantsev // Criminal Law. - 2016. - No. 4. - P. 77-84.
5. Altunin T. V. Criminal liability for violation of the rules for the circulation of narcotic drugs and psychotropic substances: dis. Candidate of Law: 12.00.08 / Altunin Timofey Viktorovich.-M., 2021. - 221p.
6. Velichko Zh. P. Violation of the rules for the circulation of narcotic drugs or psychotropic substances (Article 228. 2 of the Criminal Code of the Russian Federation) // ISOM. 2014. No. 2. URL: https://cyberleninka.ru/article/n/narushenie-pravil-oborota-narkoti-cheskih-sredstv-ili-psihotropnyh-veschestv-st-228-2-uk-rf (Date of access: 04/08/2022).
7. Akopov V. I., Maslov E. N. The Suffering of Hippocrates. Rostov n / D: publishing house "Priazovsky Krai", 2006.
8. Martsev A. I. Social harm and social danger of crime // Jurisprudence. - 2001. - No. 4. - P. 149-151.
9. Ermakova O. V. Public danger of a crime and the mechanism of its implementation as a basis for choosing a model of the crime / O. V. Ermakova // Altai Legal Bulletin. - 2021. - No. 2 (34). – P. 69-72.
10. Belyaev I. Yu. Criminal-legal characteristics of violation of the rules for the circulation of narcotic drugs or psychotropic substances / I. Yu. Belyaev // LXX youth scientific conference dedicated to the 75th anniversary of the Victory in the Great Patriotic War and the 100th anniversary of the birth of V.P. Lukacheva: abstracts, Samara, May 20–22, 2020. – Samara: Samara National Research University named after Academician S.P. Koroleva, 2020. - P. 34-36. -EDN FGLCJO.
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A REVIEW of an article on the topic "On the subject of the violation of the rules of trafficking in narcotic drugs and psychotropic substances". The subject of the study. The article proposed for review is devoted to topical issues of the subject composition "... violations of the rules of trafficking in narcotic drugs and psychotropic substances". The author has chosen a special subject of research: the proposed issues are investigated from the point of view of criminal law, while the author notes that "In the science of criminal law, the greatest attention is paid to objective signs of the composition of crimes, subjective signs are often not analyzed and declared in a classical way ...". Legislation is mainly studied (Article 228.2 of the Criminal Code of the Russian Federation) and statistics of court decisions (without citing references): "To determine the signs of a special subject violating the rules of trafficking in narcotic drugs or psychotropic substances, it is necessary to turn to the analysis of current legislation in its broad sense (including subordinate regulatory legal acts) and law enforcement practice" and relevant to the purpose research. However, no by-laws are given. A certain amount of scientific literature on the stated problems is also studied and summarized. At the same time, the author notes that "The problem of the subject matter of the crime provided for in Article 228.2 of the Criminal Code of the Russian Federation is among the controversial ones." Research methodology. The purpose of the study is determined by the title and content of the work "The public danger of a criminal act, as law enforcement practice and the current approach of the legislator to legal technology show, can also be differentiated in the case of a crime committed by a subject possessing certain characteristics (a vivid example is the presence of authority by a person)." It can be designated as the consideration and resolution of certain problematic aspects related to the above-mentioned issues and the use of certain experience (which is also missing in the article). Based on the set goals and objectives, the author has chosen a certain methodological basis for the study. In particular, the author uses a set of general scientific, special legal methods of cognition. In particular, the methods of analysis and synthesis made it possible to summarize and separate the conclusions of various approaches to the proposed topic, as well as draw some conclusions from the materials of the opponents. In particular, the author used a formal legal method, which allowed for the analysis and interpretation of the norms of current legislation, the resolution of the Plenum of the Supreme Court of the Russian Federation. The questions are raised "... in law enforcement practice, questions may arise about the attribution to the subjects of a crime of persons whose list of official duties does not explicitly state the responsibilities for carrying out actions related to trafficking in narcotic drugs or psychotropic substances ...", to which the author finds his answers. In particular, the following conclusions are drawn: "... the first place among all groups of persons brought to criminal responsibility under Article 228.2 of the Criminal Code of the Russian Federation is occupied by medical workers, namely secondary medical personnel (34.4%); the second place is occupied by officials (29.5%); ...", "As follows from the statistics given by us, a significant the share of persons brought to criminal responsibility under Article 228.2 of the Criminal Code of the Russian Federation is made up of officials (29.5%) "..." and others. Thus, the methodology chosen by the author is fully adequate to the purpose of the article, allows you to study certain aspects of the topic. The relevance of the stated issues is beyond doubt. This topic is one of the most important in Russia, from a legal point of view, the work proposed by the author can be considered relevant, namely, he notes that "In case of violation of the rules of trafficking in narcotic drugs and psychotropic substances, an official causes damage to two objects of protection of the criminal law, which indicates an increased public danger of such an act." The author also provides recommendations and proposals to amend Article 282.2 of the Criminal Code of the Russian Federation and supplement it "... by including this qualifying feature in the text of the criminal law, which will lead to the formation of a qualified composition of "violation of the rules of trafficking in narcotic drugs or psychotropic substances committed using one's official position"". Thus, scientific research in the proposed field is only to be welcomed. Scientific novelty. The scientific novelty of the proposed article is questionable. It is not expressed in the specific scientific conclusions of the author. Among them, for example, the following: "Among the subjects of this crime, two groups can be clearly distinguished: persons with official powers who are admitted to trafficking in narcotic drugs and psychotropic substances and persons whose work function includes compliance with the rules of trafficking in narcotic drugs and psychotropic substances ...". But as you can see, these and other "theoretical" conclusions are not new, but they can be used in further scientific research. Thus, the materials of the article as presented may be of some interest to the scientific community, but not in terms of contribution to the development of science. This interest can only be expressed in the new author's position, which is not completely proven: "With regard to the composition of the crime provided for in Article 228.2 of the Criminal Code of the Russian Federation, in the case of the commission of this crime by an official, damage is caused simultaneously to two objects of protection of the criminal law: 1) public health and public morality; 2) the interests of the public service ...". At the same time, only the civil service was considered, but where are the other officials? Style, structure, content. The subject of the article corresponds to the specialization of the journal "Law and Politics", as it is devoted to topical issues of the subject composition "... violations of the rules of trafficking in narcotic drugs and psychotropic substances". The article contains an analyst on the scientific works of opponents, so the author notes that this question has already been raised, but in a different way. The content of the article corresponds to the title, since the author considered the stated problems and achieved the goal of his research. The quality of the presentation of the study and its results should be recognized as improved. The subject, objectives, methodology, and results of legal research directly follow from the text of the article, but this does not apply to scientific novelty. The design of the work generally meets the requirements for this kind of work. No significant violations of these requirements were found. Bibliography. The quality of the literature used should be highly appreciated. The works of the above authors correspond to the research topic, have a sign of sufficiency, and contribute to the disclosure of certain aspects of the topic. Appeal to opponents. The author conducted a serious analysis of the current state of the problem under study. The author describes different points of view on the problem, tries to argue a more correct position in his opinion, and offers solutions to individual problems. Conclusions, the interest of the readership. The conclusions are logical, specific, but not exactly proven, they are obtained using a generally accepted methodology. The article in this form may be of interest to the readership in terms of the systematic positions of the author in relation to the issues stated in the article. Based on the above, summing up all the positive and negative sides of the article, I recommend "publishing".
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