Additional Penalties in the Sanctions of Criminal Law Provisions on Liability for Illegal Production, Sale or Shipment of Drugs: Penalization Problems
Annotation
Purpose: based on the analysis of criminal legislation and judicial practice, to investigate the system of additional punishments in the sanctions of criminal law norms providing for illegal manufacture, sale or transferring of narcotic drugs, as well as to determine the directions for their optimization, taking into account the tasks of criminal policy and the peculiarities of drug crime. Methods of research: research is based on the dialectical method of scientific knowledge, as well as the use of formal-legal, comparative-legal, system-structural and statistical methods; analysis and generalization of judicial practice, regulatory material and foreign criminal legislation are applied. Conclusions: a) the fine has significant preventive potential as a means of economic impact on drug trafficking and is subject to inclusion in the sanction of the criminal law provided for in p. 1 of Art. 228.1 of the Criminal Code of the Russian Federation, as an optional additional punishment; b) restriction of freedom is characterized by extremely low demand in law enforcement practice, duplicates administrative supervision measures and does not have an independent preventive effect, which justifies the need to exclude it from the sanctions pp. 1-3 Art. 228.1 of the Criminal Code of the Russian Federation; c) deprivation of the right to hold certain positions or engage in certain activities retains a high individual preventive potential and should be applied mainly when committing a drug crime using his official position, which requires a normative clarification of the conditions for his appointment. Scientific and practical significance: the results of the study develop scientific ideas about the penalization of drug crimes and the mechanism for building criminal law sanctions, and the proposed changes can be used to improve Art. 228.1 of the Criminal Code of the Russian Federation, the formation of uniform judicial practice and the development of criminal policy in the field of countering drug trafficking.
Keywords
| Type | Article |
| Information | Narkokontrol № 02/2026 |
| Pages | 10-13 |
| UDK | 343.01 |
| DOI | 10.18572/2072-4160-2026-2-10-13 |
