Construction of Sanctions for Crimes Related to the Illegal Circulation of Psychoactive Substances Containing the Signs of the Main Composition: An Assessment Through the Prism of Justice
Year: 2024
Type: article
Abstract: . The issues caused by problem of developing an algorithm for constructing sanctions under the Special Part of the Criminal Code of the Russian Federation, considering the principles of justice, inevitabil-ity of punishment, and differentiation of criminal liability, have come to the forefront in the modern criminal law doctrine. The article presents an analysis of such issues as the casuistry of sanctions for crimes related to the illegal trafficking of psychoactive substances, the problem of “systemic balance” in constructing sanctions in Part 1 of Art. 228, Part 1 of Art. 228¹, Part 1 of Art. 229¹, Part 1 of Art. 234¹ of the Criminal Code of the Russian Federation; the prospect of implementing the “point system” in Russian legislation. Based on the system analy-sis of statistical indicators characterizing persons using narcotic drugs and psychotropic substances, the need to exclude a fine from the sanction of Part 1 of Art. 228 of the Criminal Code of the Russian Federation is sub-stantiated. Following an examination of the interpretation of such categories as “nature of public danger” and “degree of public danger”, as presented in the resolutions of the Plenary Session of the Supreme Court of the Russian Federation, a conclusion is drawn regarding their legal nature and significance in the construction of sanctions in the Special Part of the Criminal Code. Furthermore, the article posits that the motivation behind a crime plays a crucial role in shaping the sanction of the norm. Additionally, an original concept of “average pun-ishment” is presented, which serves as a reference point for subsequent increases in responsibility concerning qualified and particularly qualified compositions of the aforementioned crimes.
Author: Sergey F. Yakubov
Language: English
Topic: Criminal Law and Policy
Subfield: Sociology and Political Science
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4405794454