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CRIMES IN THE SPHERE OF ILLEGAL TRAFFICKING OF DRUGS: SEPARATE QUESTIONS OF QUALIFICATION

Annotation

Despite enormous efforts from law enforcement agencies of the Russian Federation the perspective of drug trafficking continues to remain one of the most sensitive and difficult areas in development of modern society. In article the author provided Data of official statistics of the registered crime through the Ministry of Internal Affairs of the Russian Federation which, though show some decrease on categories of «drug-related crimes», show unfavorable statistics in the specified sphere. The authors also noted that it is possible to find impressive number in the domestic doctrine of penal law of both the applied, and exclusively theoretical works devoted to questions of qualification of crimes in the field of drug trafficking however in practice the separate cases demonstrating the wrong application of provisions of the criminal law continue to meet. Within this article the author made an attempt to answer single questions in the specified sphere of law enforcement. The article considered single difficult questions of qualification of crimes in the sphere of drug trafficking, first of all, the structures contained in articles 228, 2281 and 2282 of the Criminal Code of the Russian Federation and in particular, one of the qualifying signs of article 2281 of the Criminal Code of the Russian Federation devoted to specifics of the place of crime execution. The author investigated category «losses» in relation to an actus reus, the Criminal Code of the Russian Federation provided by article 2282. The given theoretical reasoning of the author are supported with real examples from materials of practice of courts of law of the Russian Federation, and also lean on the operating system of standard and legal regulation of the specified question in the Russian Federation. At the end of the article the author gave short conclusions about need of correction of the operating law-enforcement practice through entering of corresponding changes into the text of the Criminal Code of the Russian Federation.

Keywords

drugs; illegal trafficking; qualification problems; article 228 of the Criminal Code of the Russian Federation; drug loss

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Pages

95-100

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