scholarly journals Legislative Initiatives Regarding the Tightening of the Responsibility for Non-Fulfillment of the Obligation to Undergo Treatment for Drug Addiction: Problems and Future Visions

2021 ◽  
Vol 12 (4) ◽  
Author(s):  
Anna Alekseeva ◽  
Marina Kolosovich ◽  
Natalia Sysolina
Keyword(s):  
Drug Addiction ◽  
Russian Federation ◽  
New Technologies ◽  
Criminal Code ◽  
Drug Addict ◽  
Optimal Designs ◽  
Drug Crime ◽  
Significant Damage ◽  
The Russian Federation ◽  
Interim Measure

Various psychoactive substances that are in illegal circulation cause significant damage to the health of the population. Discussions among scientists about measures to reduce the level of drug use have not been stopped for many decades. The main goal of all researches is to search for effective anti-narcotic drugs and the implementation into practice of new technologies to counter drug crime. Following the scientists, a legislator tries to choose the most optimal designs that allow an objective and comprehensive assessment of the actions of violators, taking into account the need to save repressive measures. In the first edition, the current Criminal Code of the Russian Federation allowed the use of compulsory medical measures to persons with an established diagnosis of "drug addiction". Later, the measures of compulsory treatment were recognized as inhumane and abolished. They were replaced by the institution of imposing by the court on a drug addict the obligation to undergo treatment for drug addiction, medical and (or) social rehabilitation. As an interim measure, a legislator in 2013 put into effect Article 6.9.1 of the Code of Administrative Offences of the Russian Federation, which provides liability for evading a drug addict from the duty imposed by the court. Currently, a legislator offers to tighten the responsibility of a drug addict for evading treatment and rehabilitation by introducing an administrative prejudice. The conducted research has shown that it is possible to achieve the desired result by other means.

Improving of Legislation Establishing the Responsibility of Convicted Persons Recognized as Drug Addicts for Evading the Obligation Imposed on Them by the Court to Undergo Drug Treatment and Medical and (or) Social Rehabilitation

2020 ◽  
Vol 12 ◽  
pp. 92-99
Author(s):  
S. L. Babayan ◽  
◽  
I. A. Lakina ◽  
L. P. Pitkevich ◽  
◽  
...  
Keyword(s):  
Drug Treatment ◽  
Drug Addiction ◽  
Russian Federation ◽  
Criminal Responsibility ◽  
Criminal Code ◽  
Drug Addicts ◽  
Psychotropic Substances ◽  
Social Rehabilitation ◽  
Short Period ◽  
The Russian Federation

Fixing norms in the criminal law sentencing a person who has been drug addicts, according to which the court along with certain types of punishments not related to imprisonment, can lay on a sick addiction a duty to undergo treatment for drug and medical and (or) social rehabilitation, and monitoring of specified governmental prisoners has been stipulated in article 72.1 of the criminal code, introduced by Federal law No 313FZ of 25 November 2013. This provision in the criminal legislation of the Russian Federation was the result of the state's response to a significantly increased number of people suffering from this disease and the need to counteract these processes. This measure of influence on convicts in the criminal, criminal procedure and criminal enforcement legislation of the Russian Federation for such a short period has become firmly established in judicial and criminal enforcement practice, in this connection, the need to improve the effectiveness of its appointment, execution and detention is being updated. In this regard, a study was conducted on the organization and implementation of control over the execution of convicts' obligations to undergo drug treatment and medical and (or) social rehabilitation, during which a survey was conducted of employees of the FKU UII and their branches in 28 territorial bodies of the Federal penitentiary service of Russia. As a result, research has shown that the majority of employees agree that it is necessary to provide for a provision in the penal enforcement legislation that a convicted person is considered to be evading treatment for drug addiction and medical and (or) social rehabilitation if, without refusing to undergo them, he does not visit or voluntarily left a medical institution and a medical or social rehabilitation institution, or twice failed to comply with the prescriptions of the attending doctor, or continues to use narcotic drugs or psychotropic substances or new potentially dangerous psychoactive substances. It is also important to note that in the case of malicious evasion of a convicted person recognized as a drug addict from the obligation to undergo treatment for drug addiction and medical and (or) social rehabilitation, such a convicted person should be brought to criminal responsibility.

STRENGTHENING LEGALITY IN THE LAW ENFORCEMENT AGENCIES FUNCTIONING AT THE STAGE OF INSTITUTING CRIMINAL PROCEEDINGS AS A MEANS OF PROTECTING THE RIGHTS OF CITIZENS

2021 ◽  
pp. 60-65
Author(s):  
Ramil T. Rafikov
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Code ◽  
Sufficient Evidence ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies ◽  
Drug Crime ◽  
The Russian Federation ◽  
The Law ◽  
The One

In the article the author examines the issues related to the improvement of legislation in the functioning of law enforcement agencies, in particular that on their counteraction to organized drug crime. We are talking about the amendment to Article 146 of the Criminal Procedure Code of the Russian Federation, according to which criminal proceedings on crimes under Articles 228.1 and 228.4 of the Criminal Code of the Russian Federation on the fact of illegal drugs dealing cannot be initiated in the absence of data on the type, weight and name of drugs, as well as sufficient evidence indicating their transfer to other persons. The law-in-draft is aimed, on the one hand, at protecting citizens, on the other – at increasing the exactingness to law enforcement agencies at the initial stage of criminal – proceedings related to drug crime. The grounds for instituting a criminal proceeding for illegal drug dealing should be the facts of drug transfer to another person, as well as an expert opinion determining their mass, type and name.

CODIFICATION PROBLEMS OF NECESSARY DEFENSE AFFECTING ITS IMPLEMENTATION

2020 ◽  
Vol 10 (3) ◽  
pp. 155-163
Author(s):  
PETRUSHENKOV ALEXANDR ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Educational Institutions ◽  
Scientific Article ◽  
Teaching Staff ◽  
Self Defense ◽  
Special Part ◽  
The Russian Federation ◽  
Legislative Activities

Objectives. The goal of scholarly research is to develop proposals for amendments in criminal law General and Special part of Criminal code of the Russian Federation governing self-defense. The scientific article identifies legislative gaps and contradictions that hinder the effective implementation of the necessary defense and require prompt solutions. Methods. The article analyzes such concepts as “self-defense”, “public assault”, “excess of limits of necessary defense”, “violation of the conditions of lawfulness of necessary defense”, “surprise assault”, “rights defending or other persons, interests of the state”. The use of logical and comparative legal methods allowed us to develop proposals for making changes to the criminal law norms that establish the necessary defense. Conclusions. The article shows the conflicts and gaps legislative recognition of self-defense and, in this regard, the complexity of its implementation in the articles of the Special part of the Criminal code of the Russian Federation and practical application. Changes are proposed to the criminal law norms regulating the necessary defense, both in the General and in the Special part of the Criminal code of the Russian Federation. Sense. The content of the scientific article can be used by the teaching staff of higher educational institutions when teaching the course “Criminal law”. The results of the work can be useful to persons who carry out legislative activities in the field of criminal law. The leitmotif of the article can be used in the preparation of dissertation research.

The main problems of operational-search counteraction to bribery in Russia (based on the example of the practice materials in the Komi Republic)

2020 ◽  
Vol 2020 (1) ◽  
pp. 151-157
Author(s):  
Vladimir Danko
Keyword(s):  
Russian Federation ◽  
Preliminary Investigation ◽  
Criminal Procedure ◽  
Practical Experience ◽  
Criminal Code ◽  
Komi Republic ◽  
Legal Problems ◽  
Subject And Object ◽  
The Russian Federation ◽  
Object Of Crime

The work is carried out on the basis of special methods of knowledge, including historical-legal, logical, formal-legal. In the article, taking into account scientific sources and practical experience, the legal problems of operative-search counteraction to crimes provided for in Article 290-291.2 of the Criminal Code of the Russian Federation are considered. The analysis of bribery is realized jointly, because there are identical characteristics in all its corpus delicties – the same subject and object of crime. The existing norms of criminal and criminal procedure laws in relation to bribery are analyzed. Principal operative-search measures used in documentation of bribery are determined. They are surveillance and operational experiment. Their difference is justified and successful use examples are examined. An actual statistics of the Komi Republic for 2015-2018 is given. The lack of normative securing for interaction between operational subdivisions and preliminary investigation body is ascertained. Based on personal practical experience some measures to counteract bribery are proposed.

The use of mass media and information and telecommunication networks as an evidence of offences punished for illegal trafficking of items and materials

2020 ◽  
Vol 2020 (4) ◽  
pp. 80-88
Author(s):  
Andrey Antipov
Keyword(s):  
Mass Media ◽  
Russian Federation ◽  
Criminal Code ◽  
Telecommunication Networks ◽  
Russian Society ◽  
Law Enforcement Agencies ◽  
The Russian Federation ◽  
Illicit Trafficking ◽  
Special Control ◽  
Comprehensive Study

In This paper is dedicated to the examination of one of the most relevant and significant problems of Russian society – illegal trafficking of items and materials, carried out using mass media andinformation and telecommunication networks. Top officials of the state raise the issue of the importance of special control in this area by law enforcement agencies. Despite this attention, comprehensive study on the criminal-legal significance of the use of mass media and information and telecommunication networks in illegal trafficking has not been yet undertaken in the frame of criminal law of Russia. The author examines the concept of «illegal traffic», analyses the texts of the articles of the criminal code of the Russian Federation, which explicitly criminalize illicit trafficking. The author makes a conclusion about the reasonableness of making changes to certain articles of the criminal code of the Russian Federation, in regard to the part concerning establishing stricter penalties for committing socially dangerous acts using mass media and information and telecommunication networks.

Types of Criminal Acts

2021 ◽  
pp. 255-260
Author(s):  
Alexander V. Shesler ◽  
◽  
Keyword(s):  
Russian Federation ◽  
Essential Feature ◽  
Criminal Liability ◽  
Criminal Code ◽  
Forced Labor ◽  
Drug Addicts ◽  
Federal Republic Of Germany ◽  
Judicial Practice ◽  
The Russian Federation ◽  
A Minor

The article examines criminal acts, with which the law associates certain criminal legal consequences. The aim of the article is to substantiate the identification of various criminal acts and show their specificity in comparison with crimes. The research is based on the domestic criminal legislation, materials of judicial practice and the legislation of the Federal Republic of Germany. The research methods are: the method of comparative law, which allowed comparing the provisions about criminal offenses in the 1960 Criminal Code of the RSFSR and in the 1996 Criminal Code of the Russian Federation, in the Criminal Code of the Russian Federation and the Criminal Code of Germany; the method of document analysis, which made it possible to analyze the judicial practice and proposals of the Supreme Court of the Russian Federation on the introduction of provisions on criminal offences in the Criminal Code of the Russian Federation; the formal-logical method that made it possible to analyze the content of the norms of the Criminal Code about criminal acts. The article concludes that, in addition to crimes, criminal acts should include: a criminal offence, which entails criminal liability in the form of replacing punishment with a more severe one (fine, compulsory labor, correctional labor, restriction of freedom as the main type of punishment, forced labor) or criminal liability in the form of the cancellation of any type of probation (suspended sentence, parole, deferred sentence, deferred sentence for drug addicts); a minor act; socially dangerous behavior of persons who are not subjects of a crime due to their minor age or insanity; innocent infliction of harm. The article shows the specificity of a misdemeanour, consisting in the fact that this act is not socially dangerous, does not contain signs of a crime, violates the liability of the convicted person to be subject to limitations arising from the court-appointed punishment or type of probation (suspended sentence, parole, deferred sentence, deferred sentence for drug addicts). It is substantiated that a minor act should be referred to circumstances that exclude the criminality of an act due to the absence of public danger, an essential feature of a crime. It is argued that acts, provided for by the Special Part of the Criminal Code of the Russian Federation, committed in a state of insanity and entailing compulsory medical measures, should not be subject to criminal law. The article criticizes the judicial practice of a broad interpretation of the commission of a crime by a group of persons, according to which it is not only a co-execution, but also any execution of the objective side of the crime by several persons, of which only one can be the perpetrator. It is argued that causing harm due to the non-compliance of the psychophysiological qualities of a person with the requirements of an extreme situation does not apply to innocent infliction of harm.

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