Kuharuk, V.V. Deferral serving the sentences for the persons suffering from narcotic drug addiction and the issues of its application

Abstract: The article provides a detailed analysis of elements of the subject of drug crime, for whom the provisions on deferral of serving a sentence for the persons suffering from drug addiction applied under Art. 82.1 of the Criminal Code of the Russian Federation. As a result of a comparative study of the said norm of the criminal law, the author found out significant aberrations from the requirements of the Strategy of State Anti-Narcotic Policy of the Russian Federation till 2020 in part of proposed criminal law measures on lowering the amount of illegal distribution and non-medical intake of drugs. The author discusses the nature of medical legal discrepancy in the terms “drug addiction (narcotic addiction)”, and “addition to toxic substances” in the Russian law in the ICD-10 and the legislation of the foreign states. It is shown how the normative practice of the Government of the Russian Federation on forming the list of drugs defines instability of the diagnosing “narcotic drug addiction”, making possible to transfer it into “addiction to toxic substances” and limiting the scope of application of Art. 82.1 of the Criminal Code of the Russian Federation with the type of the psychoactive substance. Taking an example of some topical issues of implementation of the new criminal law institution of deferral of serving the sentences for the persons suffering from narcotic drug addiction, including its criminal procedural aspect, the author offers rational ways of its improvement.

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