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Kurilova E.N., Kutergin N.B. Problematic Issues of the Legal Regulation of Voluntary Surrender of Narcotic Drugs

DOI: https://doi.org/10.15688/lc.jvolsu.2024.1.20

Elena N. Kurilova, Candidate of Sciences (Jurisprudence), Senior Lecturer, Department of Criminal Law Disciplines, Belgorod Law Institute of the Ministry of Internal Affairs of Russia named after I.D. Putilin, Gorkogo St, 71, 308024 Belgorod, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0009-0006-8975-6083

Nikolay B. Kutergin, Candidate of Sciences (Pedagogy), Professor, Department of Physical Education and Sports, Belgorod State Technological University named after V.G. Shukhov, Kostyukova St, 46, 308012 Belgorod, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0001-7072-5224


Introduction: the Russian Federation is taking effective measures aimed at preventing and solving crimes related to illicit trafficking in narcotic drugs. Most of the measures applied in practice today are not effective enough and need to be significantly improved. Despite the fact that the forces of the state and society are aimed at actively combating drug trafficking, it is necessary to improve the system of countering this type of criminal encroachment against public health. The measures taken should be comprehensive and aimed at a more detailed study of the identity of the drug offender, the search for causes and conditions conducive to the commission of the illegal acts in question. In the paper, some recommendations are made to improve the current criminal legislation in the field of combating drug trafficking and problematic issues of voluntary surrender of narcotic drugs are considered. The purpose of the study is to analyze the controversial issues of voluntary surrender of substances with limited circulation (narcotic drugs); to develop significant proposals and recommendations in the field of law enforcement on the identified issues; as well as countering (preventing) illegal trafficking in narcotic drugs in the criminal law plane, aimed at improving the effectiveness of criminal law counteraction measures. Research methods: the classical methodological concept, which includes the general scientific methods in particular, as well as a set of socio-scientific methods in its predominant component – the statistical method. Results of the study and conclusions: the authors conclude that in order to ensure the unity of the law enforcement approach, it is proposed to make clarifications in the note to Article 228 of the Criminal Code of the Russian Federation, namely, to consolidate the concepts of “a real opportunity to dispose of them in another way” and the moment of detention within the framework of criminal procedural actions.

Key words: voluntary surrender, narcotic drugs, judicial practice, illegal sale, crimes.

Citation. Kurilova E.N., Kutergin N.B. Problematic Issues of the Legal Regulation of Voluntary Surrender of Narcotic Drugs. Legal Concept = Pravovaya paradigma, 2024, vol. 23, no. 1, pp. 149-155. (in Russian). DOI: https://doi.org/10.15688/lc.jvolsu.2024.1.20

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