PROBLEMS OF THE LEGAL REGULATION OF RESPONSIBILITY FOR CRIMES CONNECTED WITH ILLEGAL TRAFFICKING OF NEW POTENTIALLY DANGEROUS PSYCHOACTIVE SUBSTANCES
Rubrics: UGOLOVNOE PRAVO I KRIMINOLOGIYA
Authors:
1.
Volgogradskaya akademiya MVD Rossii
2.
Volgogradskaya akademiya MVD Rossii
Type:
Article
eLocation:
Status:
Published
Received:
06.12.2015
Accepted:
15.12.2015
Published:
25.12.2015
Language:
Russian
Keywords:
import into the territory of the Russian Federation, export from the territory of the Russian Federation, manufacture, new potentially dangerous psychoactive substances, carrying, transporting, processing, shipment, purchase, manufacture, authorization, storage
Abstract (English):
The article looks at the issues most likely to arise in the interpretation of the rule and its application through the prism of objective and subjective signs of a crime structure under article 234.1 of the Russian Federation Criminal code - trafficking of new potentially dangerous psychoactive substances. The article indicates unsuccessful, according to the authors, wording of the disposition of the basic structure in terms of priority of alternative actions, forming the objective side. The necessity of providing for the responsibility for the wearing of new potentially dangerous psychoactive substances for sale is justified. The article considers the ambiguous approach of the legislator to assess the degree of the public danger of the specified illicit trafficking of substances across the Customs or State border of the Russian Federation. An attempt is made to determine the true content and will of the legislator expressed in the text of the disposition of a qualified and specially qualified staff. It is proposed to amend the sanction of part 1 of article 234.1 of the Criminal code. In addition, it defines possible directions of improvement of legal regulation of responsibility for illegal trafficking of new potentially dangerous psychoactive substances.
The article looks at the issues most likely to arise in the interpretation of the rule and its application through the prism of objective and subjective signs of a crime structure under article 234.1 of the Russian Federation Criminal code - trafficking of new potentially dangerous psychoactive substances. The article indicates unsuccessful, according to the authors, wording of the disposition of the basic structure in terms of priority of alternative actions, forming the objective side. The necessity of providing for the responsibility for the wearing of new potentially dangerous psychoactive substances for sale is justified. The article considers the ambiguous approach of the legislator to assess the degree of the public danger of the specified illicit trafficking of substances across the Customs or State border of the Russian Federation. An attempt is made to determine the true content and will of the legislator expressed in the text of the disposition of a qualified and specially qualified staff. It is proposed to amend the sanction of part 1 of article 234.1 of the Criminal code. In addition, it defines possible directions of improvement of legal regulation of responsibility for illegal trafficking of new potentially dangerous psychoactive substances.
Keywords:
import into the territory of the Russian Federation, export from the territory of the Russian Federation, manufacture, new potentially dangerous psychoactive substances, carrying, transporting, processing, shipment, purchase, manufacture, authorization, storage
import into the territory of the Russian Federation, export from the territory of the Russian Federation, manufacture, new potentially dangerous psychoactive substances, carrying, transporting, processing, shipment, purchase, manufacture, authorization, storage
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2. O vnesenii izmeneniy v otdel'nye zakonodatel'nye akty Rossiyskoy Federacii [Elektronnyy resurs]: poyasnitel'naya zapiska k proektu feder. zakona ot 30 oktyabrya 2014 g. № 638953-6. URL: http://sledcom.ru/documents/Obsuzhdenija_zakonoproektov/item/1136/ (data obrascheniya: 21.09.2015).
