Destruction of narcotic drugs and psychotropic substances, resulting in their loss: the limits of criminal
Authors:
1.
MVD Rossii
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)
moscow, Moscow, Russian Federation
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)
moscow, Moscow, Russian Federation
Type:
Article
Pages:
from 16
to 22
Status:
In work
Received:
29.01.2024
Accepted:
27.03.2024
Published:
30.03.2024
Subject area:
UDC 343.57
Language:
Russian
Keywords:
Narcotic drugs, psychotropic substances, precursors, destruction, loss, criminal harm, public health, criminal prosecution.
Funding:
no
Abstract (English):
Introduction. The article discusses the admissibility of bringing to criminal liability for the destruction of narcotic drugs, psychotropic substances and their precursors under Art. 228.2 of the Criminal Code of the Russian Federation. The problem of distinguishing the criminal loss of narcotic drugs from their non-criminal destruction is relevant for the field of medical activity, where cases of loss of narcotic-containing medications are common. Attention is drawn to the fact that in such cases destruction is criminal if it violates public relations to ensure public health. Methods. The methodological basis of the research conducted by the author of the article was a systematic approach. General scientific (functional method, theoretical modeling method, hypothesis construction method) and special (formal legal method, comparative legal method) methods of legal research were used. Results. The study showed that cases of destruction of narcotic drugs and psychotropic substances through negligence, which did not result in the transfer of these drugs and substances into the possession of third parties, are not criminally punishable. It is emphasized that the careless loss of a narcotic drug or psychotropic substance can be criminal if it leads to the loss of the ability to further manage the process of their use, including creating conditions for the receipt of such drugs and substances at the disposal of an unauthorized person. Analyzed the note to Art. 228.2 of the Criminal Code of the Russian Federation, which limits the scope of this article of the criminal law.
Introduction. The article discusses the admissibility of bringing to criminal liability for the destruction of narcotic drugs, psychotropic substances and their precursors under Art. 228.2 of the Criminal Code of the Russian Federation. The problem of distinguishing the criminal loss of narcotic drugs from their non-criminal destruction is relevant for the field of medical activity, where cases of loss of narcotic-containing medications are common. Attention is drawn to the fact that in such cases destruction is criminal if it violates public relations to ensure public health. Methods. The methodological basis of the research conducted by the author of the article was a systematic approach. General scientific (functional method, theoretical modeling method, hypothesis construction method) and special (formal legal method, comparative legal method) methods of legal research were used. Results. The study showed that cases of destruction of narcotic drugs and psychotropic substances through negligence, which did not result in the transfer of these drugs and substances into the possession of third parties, are not criminally punishable. It is emphasized that the careless loss of a narcotic drug or psychotropic substance can be criminal if it leads to the loss of the ability to further manage the process of their use, including creating conditions for the receipt of such drugs and substances at the disposal of an unauthorized person. Analyzed the note to Art. 228.2 of the Criminal Code of the Russian Federation, which limits the scope of this article of the criminal law.
Keywords:
Narcotic drugs, psychotropic substances, precursors, destruction, loss, criminal harm, public health, criminal prosecution.
Narcotic drugs, psychotropic substances, precursors, destruction, loss, criminal harm, public health, criminal prosecution.
