Criminal liability for the sale of narcotic drugs or psychotropic substances using electronic or information and telecommunication networks

Abstract

Subject of research: the norms of the Russian criminal law regulating responsibility for the sale of narcotic drugs, psychotropic substances and their analogues using mass media or electronic or information and telecommunication networks (including the Internet), as well as the practice of their application and scientific works in this field. Purpose of research: to develop scientifically sound proposals for improving the legislative regulation of the qualifying attribute provided for in paragraph b of Part 2 of Article 228.1 of the Criminal Code of the Russian Federation, and the practice of its application. Methods and objects of research: the methodological basis of the research is formed by the universal dialectical method of cognition, the formal legal method, as well as methods of analysis, synthesis and modeling. The object of the study is the social relations that develop regarding the criminal law regulation and application of the norms on liability for the sale of narcotic drugs, psychotropic substances and their analogues using mass media or electronic or information and telecommunication networks (including the Internet). Main results of research: author comes to the conclusion that it is impossible to commit actions that constitute the sale of narcotic drugs, psychotropic substances or their analogues exclusively using information and telecommunication networks. The key factors influencing the increase in the public danger of the sale of narcotic drugs, psychotropic substances and their analogues are identified, to which the author refers: the use of information and telecommunication networks for the transmission of information (communication) during marketing, as well as the preservation of the confidentiality of communication (anonymity or the use of pseudonyms). The author proposes to abandon the use of the term electronic networks and to change the wording of the qualifying feature under consideration.