Kukharuk, V.V. Suspension of sentence for the drug addicts and topical issues in its application.

Abstract: The article provides the detailed analysis of the subjects of drug crimes, to whom the provisions of Art. 82.1 of the Criminal Code of the Russian Federation on suspension of sentence apply. As a result of the comparative study of this norms, the author shows considerable deviations from the requirements of the Strategy of the State Anti-Narcotic Policy of the Russian Federation for the period till 2020 in part of the offered criminal legal measures for the curtailment of the unlawful distribution and non-medical consumption of drugs. The author shows the non-conformity of medical and legal elements in the terms “narcomania” and “toxicomania” (drug abuse) in the Russian legislation and in the requirements of the ICD-10 and the foreign legislation. The author also shows how the normative practice of the Government of the Russian Federation on the formation of lists of drugs gives ground to the lack of stability to the diagnosis of “narcomania” (drug addiction) and allows it to transform into the toxicomania and vice versa, therefore, it limits the possibility of the application of Art. 82.1 of the Criminal Code depending on the type of psychoactive drug. Taking some topical issues of implementation of a novel criminal law institution of suspension of sentence to the drug addicted drug criminals, the author views them from the criminal procedural aspect, offers rational ways for improvement of the situation.

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