JUDICIAL-CRIMINAL POLICY IN THE AREA OF ILLICIT TRAFFICKING IN NARCOTIC DRUGS

This article discusses the features of judicial and criminal policy on crimes in the field of illicit drug trafficking. The author states the lack of a clear approach to the criminal policy of the Russian Federation and, as a consequence, an ambiguous approach to determining the role of the judiciary in its implementation (in this part, the author expresses a joint opinion with scientists who believe that it is necessary to adopt the Concept of the Criminal Policy of the Russian Federation). According to the author, judicial-criminal policy performs an important function of interpreting the criminal law and in this part is capable of changing the content of criminal law norms. In particular, the author demonstrates the transformations in the interpretation of sales that take place in different editions of the resolution of the Plenum of the Supreme Court of the Russian Federation No. 14. Special attention is paid to assessing the validity of such changes. At the same time, the work states the presence of numerous problems of sales qualification that have not been resolved by changes in judicial and criminal policy. According to the author, the most significant issues that require an unambiguous position of the Supreme Court of the Russian Federation are the problems of the moment of termination of sales, the recognition of several bookmarks as a single ongoing crime or a set of crimes, as well as the determination of the types of accomplices in the sale.

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Publication Details

Journal
LEGAL ORDER History Theory Practice
Published
2024-10-21
DOI
https://doi.org/10.47475/2311-696x-2023-42-3-31-36
Primary Topic
Sex work and related issues
Type
article
Field-Weighted Citation Impact
0.00
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article

JUDICIAL-CRIMINAL POLICY IN THE AREA OF ILLICIT TRAFFICKING IN NARCOTIC DRUGS

O. V. Ermakova
LEGAL ORDER History Theory Practice
Sex work and related issues
article

JUDICIAL-CRIMINAL POLICY IN THE AREA OF ILLICIT TRAFFICKING IN NARCOTIC DRUGS

O. V. Ermakova
article en

Abstract

This article discusses the features of judicial and criminal policy on crimes in the field of illicit drug trafficking. The author states the lack of a clear approach to the criminal policy of the Russian Federation and, as a consequence, an ambiguous approach to determining the role of the judiciary in its implementation (in this part, the author expresses a joint opinion with scientists who believe that it is necessary to adopt the Concept of the Criminal Policy of the Russian Federation). According to the author, judicial-criminal policy performs an important function of interpreting the criminal law and in this part is capable of changing the content of criminal law norms. In particular, the author demonstrates the transformations in the interpretation of sales that take place in different editions of the resolution of the Plenum of the Supreme Court of the Russian Federation No. 14. Special attention is paid to assessing the validity of such changes. At the same time, the work states the presence of numerous problems of sales qualification that have not been resolved by changes in judicial and criminal policy. According to the author, the most significant issues that require an unambiguous position of the Supreme Court of the Russian Federation are the problems of the moment of termination of sales, the recognition of several bookmarks as a single ongoing crime or a set of crimes, as well as the determination of the types of accomplices in the sale.

LEGAL ORDER History Theory PracticeVol. 42(3)
Barnaul Law Institute of the Russian Interior Ministry (RU)
Openalex Percentile: Top 59%
Sex work and related issues
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