Differentiation of responsibility for smuggling under Article 229.1 of the Criminal Code of the Russian Federation and prospects for its optimization

The subject of the study is the differentiation of responsibility for smuggling within the framework of Article 229.1 of the Criminal Code of the Russian Federation and the prospects for its optimization and legislative improvement. The purpose of the study is to conduct a comprehensive (theoretical and legal) analysis of the qualifying features of the I, II and III degrees of the specified norm. To achieve this goal, the following tasks were solved: consideration of the most interesting differentiating features of Article 229.1 of the Criminal Code of the Russian Federation from the point of view of difficulties in law enforcement and shortcomings in criminal law regulation, proposals for improving their normative presentation; study of the possibility of criminalizing certain acts related to drug smuggling, highlighting issues of differentiation of criminal liability, taking into account the degree of public danger. In order to ensure the completeness and accuracy of the conducted research, the work uses scientific works of scientists in the field of criminal law, materials from published judicial practice, statistical information on the state of crime provided by the GIAC of the Ministry of Internal Affairs of Russia, a complex of general scientific and private scientific methods is involved: analysis, synthesis, system-structural, historical, formal-legal and logical. In order to improve the provisions of the Russian criminal law, optimize them, and increase the effectiveness of law enforcement activities, the article proposes an updated version of paragraphs "b" of Part 2 of Article 229.1 and paragraph "c" of Part 4 of Article 229.1 of the Criminal Code, as well as amendments to Part 3 of Article 229.1 of the Criminal Code. The corresponding author's proposals are reflected in the final conclusions, formed on the basis of the results obtained during the research. The article is addressed to teachers, researchers, representatives of law enforcement agencies, the judicial system, lawyers, students, undergraduates, postgraduates, doctoral students, as well as anyone who independently studies the issues of differentiation of responsibility for drug smuggling, covered by art. 229.1 of the Criminal Code of the Russian Federation.

differentiation, differentiation of criminal liability, qualifying signs, contraband, narcotic drugs, psychotropic substances, drugs, illegal border crossing, the state border, customs border