from 01.01.2011 until now
Contractual and Legal Department of the Ministry of Internal Affairs of Russia (Contractual and Legal Department of the Ministry of Internal Affairs of Russia, glavnyy ekspert-specialist)
employee
moscow, Moscow, Russian Federation
Abstract: Introduction. The article discusses the issues of the admissibility of criminal liability for the destruction of narcotic drugs, psychotropic substances and their precursors under Article 228.2 of the Criminal Code of the Russian Federation. The problem of distinguishing the criminal loss of narcotic drugs from their permanent destruction is relevant for the field of medical activity, where cases of loss of narcotic drugs are common. Attention is drawn to the fact that such destruction is criminal if it violates public relations to ensure public health. Methods. The main methodological approach of the study was a systematic approach. General scientific (functional, theoretical modeling, hypothesis building) and special (formal legal, comparative legal) methods of legal research are used Results. The author has shown that cases of destruction of narcotic drugs by negligence, which did not result in their transfer to third parties, are not criminally punishable. Attention is drawn to the fact that the careless loss of a narcotic drug may be criminal if its loss led to the loss of the ability to control the processes of drug use, including creating conditions for the receipt of a narcotic drug at the disposal of an outsider. The article analyzes the note to Article 228.2 of the Criminal Code of the Russian Federation, which limits the scope of this article of the criminal law.
Narcotic drugs, destruction, loss, criminal harm, public health, note to Article 228.2 of the Criminal Code of the Russian Federation
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