CRIMINAL LAW SANCTIONS FOR ILLICIT MANUFACTURE, SALE OR TRANSFER OF DRUGS: SOME DESIGN ISSUES
Abstract and keywords
Abstract (English):
The article considers the problem of drug trafficking as one of the most dangerous threats to the national security of our state. It is noted that the sanction of the criminal law ban on illegal manufacture, sale or transfer of drugs has criminal-political, preventive and correctional significance in the field of combating drug trafficking. Revealing the content of the sanctions under study, the author demonstrates some of the problems of constructing sanctions for socially dangerous acts under study. The author concludes that when constructing sanctions of criminal law norms, it is necessary to take into account not only the general provisions of the theory of criminal law, but also the methods, principles and technical aspects of their construction. The most rational technical and legal methods for constructing sanctions of criminal law norms providing for liability for illegal production, circulation or shipment of drugs are proposed.

Keywords:
sanction, criminal law norm, drugs, punishment, punishment limits, terms of imprisonment, improvement of legislation
Text
Text (PDF): Read Download
References

1. Bokovnya A.Y., Sundurov F. R. Terms of punishment and problems of penalization in criminal law // Bulletin of the Volga University named after V. N. Tatishchev. 2017. Vol. 2, no. 4. P. 159–167. (In Russ.)

2. Makaseeva A.A. On the issue of the correction of convicts as a goal of the criminal and penal enforcement legislation // Problems of the development of the legal system of Russia: history and modernity : materials of the interuniversity scientific and practical conference, Tula, June 6–7 / ed. by I. A. Kuznetsov. Tula: Papyrus, 2018. P. 103–110. (In Russ.)

3. Remenson A. L. Selected works (to the 80th anniversary of his birth). Tomsk : Publishing House of Tomsk University. 2003. 98 p. (In Russ.)

4. Teplyashin P. V. The policy of “enemy penology”: conceptual foundations, content and interpretation through the prism of domestic penal legislation // Bulletin of Vladimir Law Institute. 2022. No. 1 (62). P. 10–16. (In Russ.)

5. Gabeev S. V. Strengthening accountability as the main tendency of reforming the current penal legislation on drug trafficking // International research journal. 2022. No. 12 (126). P. 1–5. https://doi.org/10.23670/IRJ.022. 126.131. (In Russ.)

6. Surikhin P. L. Systematization issues of criminal standards through crimes of drug trafficking // Surgut State University Journal. 2018. No. 3 (21). P. 39–46. (In Russ.)

7. Pobegailo E. F. The concept of combating crime and the problems of improving the Criminal Code of the Russian Federation // Five years of the Criminal Code of the Russian Federation: results and prospects : materials of the 11th International scientific and practical conference held at the Faculty of Law of Lomonosov Moscow State University, Moscow, May 30–31, 2002 / ed. by V. S. Komissarov. Moscow : LexEst, 2002. P. 57–62. (In Russ.)

8. Vitovskaya E. S. To the question of estimating the ratio between public danger and the sanctions established for crimes in the sphere of illicit drug-trafficking, psychotropic substances and their analogues // Legal order: history, theory, practice. 2015. No. 3 (6). P. 50–54. (In Russ.)

9. Tikhonova S. S. Features of the construction of sanctions in criminal law: theory and legislative practice // Legal technique. 2013. No. 7-2. P. 752–761. (In Russ.)

10. Zelenskaya Yu. A. The generalization of theoretical research on the subject of changing the principles of construction and development of the system of criminal punishment in Russia based on accumulated historical experience // Issues of modern jurisprudence. 2015. No. 47. P. 35–41. (In Russ.)

11. Tikhonova S. S., Batrakov D. A. Coordination of the size of punishments in the sanctions of articles of the Special Part of the Criminal Code of the Russian Federation // Problems of criminal liability and punishments : collection of materials of the International scientific and practical conference dedicated to the memory of Professor V. A. Eleonsky and N. A. Ogurtsov. Ryazan : The Academy of the FPS of Russia, 2024. P. 142–147. (In Russ.)

12. Karpets I. I. Punishment. Social, legal and criminological problems. Moscow : Juridicheskaya literatura, 1973. 228 p. (In Russ.)

13. Malkov S. M. Criminal liability for theft of weapons, ammunition, explosives and explosive devices : monograph. Krasnoyarsk : Siberian Law Institute of the Ministry of Internal Affairs of Russia, 2002. 188 p. (In Russ.)

14. Ogorodnikova N. V. On the question of the range of judicial discretion: legislative prerequisites // Humanities, social-economic and social sciences. 2021. No. 11-2. P. 101–104. https://doi.org/10.23672/p9861-4949-0874-g. (In Russ.)

15. Gavrilov B. Y. Purpose of punishment: legislative illusions and realities of law enforcement // Topical problems of the theory and practice of the application of criminal law : collection of materials of the Third all-Russian scientific and practical conference, Moscow, November 26 / ed. by Yu. E. Pudovochkin, A. V. Brilliantov. Moscow : Russian State University of Justice, 2016. P. 292–302. (In Russ.)

Login or Create
* Forgot password?