DOI: 10.7256/2454-0706.2022.4.37874

Abstract: The article is devoted to the scientific development of the problem of a special subject of crime, the composition of violations of the rules of trafficking in narcotic drugs and psychotropic substances. The subject of the study is the problem of the subject composition of violations of the rules of trafficking in narcotic drugs and psychotropic substances. The author examines in detail the grounds for bringing various categories of persons to criminal responsibility under Article 228.2 of the Criminal Code of the Russian Federation, analyzes the existing judicial practice and conducts a statistical analysis of the categories of persons brought to criminal responsibility under this article. The necessity of introducing a qualifying feature in Part 2 of this article is justified by analyzing the collected statistical material and theoretical developments. There is also a study of the public danger of crimes committed by persons using their official (official) position. The author examines the current state of the doctrine of criminal law, the arguments of authoritative scientists on the subject under consideration. The scientific novelty of the study consists in the collection and analysis of statistical material by categories of persons brought to criminal responsibility under Article 228.2 of the Criminal Code of the Russian Federation and its detailed analysis. It is argued that the commission of a crime by an official increases the public danger of such an act, in this regard, the author examines the necessity and validity of fixing the relevant qualifying feature in the text of the norm of Part 2 of Article 228.2 of the Criminal Code of the Russian Federation. The author draws the following conclusions: 1) among the subjects of this crime, two groups of persons can be clearly distinguished; 2) it is reasonable to create a qualified corpus delicti for officials. The author also made proposals to improve the legal technique of the domestic criminal law in terms of supplementing Part 2 of Article 228.2 of the Criminal Code with a new qualifying feature.

DOI: 10.25136/2409-7543.2022.1.37626

Abstract: The subject of the study is problematic issues of control systems for illicit trafficking of narcotic drugs and psychotropic substances. The author analyzes the control systems of the Russian Federation, as well as foreign states, analyzes the relationship of the control system for illicit trafficking in narcotic drugs and psychotropic substances with the national security system of the state. Particular attention is paid to the search and justification of common features and features of control systems for illicit trafficking in narcotic drugs and psychotropic substances in existing legal systems. The author examines in detail such aspects of the topic as the classification of control systems, the principles of functioning of control systems and the extension of the tools of existing control systems to new potentially dangerous psychoactive substances. The novelty of the research lies in a comprehensive analysis of existing legal norms aimed at suppressing illicit trafficking in narcotic drugs and psychotropic substances. The author introduces the term "control system for illicit trafficking of narcotic drugs and psychotropic substances", and classifies existing control systems. The main conclusions of the study are: 1) currently, there are individual, universal and mixed control systems for illicit trafficking in narcotic drugs and psychotropic substances; 2) the Russian control system is individual; 3) the universal control system is most consistent with the goals of ensuring national security. The results of the study are applicable in law-making, law enforcement and research activities.