Internet sales of potent substances: regulation and gaps in legislation
The subject of the study is the legal mechanisms aimed at regulating the process of remote sales of potent substances and poisonous chemical compounds through the use of the Internet. The article sequentially analyzes the provisions of current Russian legislation in the field of circulation of toxic substances, examines existing tools aimed at ensuring information security, and explores the possibility of their application to the remote sale of dangerous and potentially harmful substances through online platforms. Special attention is paid to the powers of the Federal Service for Supervision in the Sphere of Telecom, Information Technologies and Mass Communications (Roskomnadzor), as well as the identification of gaps in these powers. The risks arising from the unrestricted access to poisonous compounds in the virtual space are considered, and legal tools for preventing and suppressing such violations are proposed. The authors used the following methods: Comparative legal method (within the framework of analyzing normative acts regulating the circulation of potent and toxic substances in Russia); Systemic method (to identify gaps in legislation and assess the effectiveness of existing control mechanisms); Technical-legal method. The empirical part of the study was carried out through monitoring of Internet resources and inquiries to state authorities, analysis of judicial practice. The study emphasizes the importance of developing stricter measures of legal regulation that would prevent the circulation of potent substances and poisons, as well as toughening liability for violations of the relevant norms. Based on the above, the following recommendations can be formulated. 1. Legislative Improvements: Clarify the concepts of "potent" and "toxic substances" in regulatory acts to ensure uniform application of the law; Amend the Federal Law "On Information…" by including websites disseminating information on the sale of toxic substances, the illegal circulation of which is punishable under Art. 234 of the Criminal Code, in the list of resources subject to blocking without a court decision (by analogy with narcotics). 2. Strengthening Control and Enhancing Interagency Cooperation: Grant relevant authorities (Roskomnadzor and the Ministry of Internal Affairs) the authority to monitor and suppress online sales of dangerous substances, including the Darknet; Create a unified database of prohibited substances and their analogs to promptly identify new trafficking schemes; Enhance cooperation with customs and postal services to intercept shipments containing poisons.
Authors
- Natalia Andreevna Voykova (ORCID: https://orcid.org/0000-0001-7710-5431)
- Sof'ya Nikolaevna Moreeva
- Tat'yana Vladimirovna Matsaeva
Institutions
- Odesa I. I. Mechnikov National University (UA)
- Linden Photonics (United States) (US)
Publication Details
- Journal
- Юридические исследования
- Published
- 2025-05-01
- DOI
- https://doi.org/10.25136/2409-7136.2025.5.73904
- Primary Topic
- Legal and Policy Issues
- Type
- article
- Field-Weighted Citation Impact
- 0.00