Belyaev I.Y. —
The main sources of legal regulation of international cooperation in countering the illegal drug trade and similar substances.
// International Law. – 2025. – ¹ 2.
– P. 17 - 30.
DOI: 10.25136/2644-5514.2025.2.74066
URL: https://en.e-notabene.ru/wl/article_74066.html
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Abstract: The present study is dedicated to the analysis of sources of international cooperation in the fight against the illicit drug trafficking and similar substances. The author thoroughly examines the provisions of international treaty law, as well as international legal customs in the aspect of their capacity to serve as sources of international cooperation in combating the illicit drug trade and similar substances. The main sources of international law are studied systematically, and the criteria for their inclusion in the overall normative framework of international cooperation are analyzed. The criteria and principles for the formation of international legal customs are explored separately. The author examines the normative nature of customary norms based on the observance of two criteria: the existence of universal practice and the recognition of that practice as a legal norm (opinio juris). The methodology of the research includes a normative analysis of the provisions of key international treaties and a comparative legal study of doctrinal concepts of international cooperation. The author proposes a definition of international cooperation in the fight against the illicit trafficking of narcotic drugs and similar substances, which should be understood as a collaborative comprehensive activity of states based on international law norms to create and apply material and procedural international and domestic norms aimed at ensuring global and regional drug safety for the world community. The author establishes that international treaties (including UN normative conventions) as well as international custom are the main sources of international cooperation in combating the illicit drug trade and similar substances. At the same time, it is asserted that unilateral acts of states; acts of international law-making by international organizations; agreements between states and international organizations; and analogy are also sources of international cooperation, which must conform to the main sources. The scientific international cooperation in the field of combating drug crimes as a complex institution of international criminal law is also examined.
Belyaev I.Y. —
Violators of the legal prescriptions of narcotics and psychotropic substances trafficking
// Law and Politics. – 2022. – ¹ 4.
– P. 14 - 23.
DOI: 10.7256/2454-0706.2022.4.37874
URL: https://en.e-notabene.ru/lpmag/article_37874.html
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Abstract: The article is devoted to the scientific development of the problem of a special subject of crime, the composition of violations of the rules of trafficking in narcotic drugs and psychotropic substances. The subject of the study is the problem of the subject composition of violations of the rules of trafficking in narcotic drugs and psychotropic substances. The author examines in detail the grounds for bringing various categories of persons to criminal responsibility under Article 228.2 of the Criminal Code of the Russian Federation, analyzes the existing judicial practice and conducts a statistical analysis of the categories of persons brought to criminal responsibility under this article. The necessity of introducing a qualifying feature in Part 2 of this article is justified by analyzing the collected statistical material and theoretical developments. There is also a study of the public danger of crimes committed by persons using their official (official) position. The author examines the current state of the doctrine of criminal law, the arguments of authoritative scientists on the subject under consideration. The scientific novelty of the study consists in the collection and analysis of statistical material by categories of persons brought to criminal responsibility under Article 228.2 of the Criminal Code of the Russian Federation and its detailed analysis. It is argued that the commission of a crime by an official increases the public danger of such an act, in this regard, the author examines the necessity and validity of fixing the relevant qualifying feature in the text of the norm of Part 2 of Article 228.2 of the Criminal Code of the Russian Federation. The author draws the following conclusions: 1) among the subjects of this crime, two groups of persons can be clearly distinguished; 2) it is reasonable to create a qualified corpus delicti for officials. The author also made proposals to improve the legal technique of the domestic criminal law in terms of supplementing Part 2 of Article 228.2 of the Criminal Code with a new qualifying feature.
Belyaev I.Y. —
The problem of control systems for illicit trafficking of narcotic drugs and psychotropic substances
// Security Issues. – 2022. – ¹ 1.
– P. 35 - 47.
DOI: 10.25136/2409-7543.2022.1.37626
URL: https://en.e-notabene.ru/nb/article_37626.html
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Abstract: The subject of the study is problematic issues of control systems for illicit trafficking of narcotic drugs and psychotropic substances. The author analyzes the control systems of the Russian Federation, as well as foreign states, analyzes the relationship of the control system for illicit trafficking in narcotic drugs and psychotropic substances with the national security system of the state. Particular attention is paid to the search and justification of common features and features of control systems for illicit trafficking in narcotic drugs and psychotropic substances in existing legal systems. The author examines in detail such aspects of the topic as the classification of control systems, the principles of functioning of control systems and the extension of the tools of existing control systems to new potentially dangerous psychoactive substances. The novelty of the research lies in a comprehensive analysis of existing legal norms aimed at suppressing illicit trafficking in narcotic drugs and psychotropic substances. The author introduces the term "control system for illicit trafficking of narcotic drugs and psychotropic substances", and classifies existing control systems. The main conclusions of the study are: 1) currently, there are individual, universal and mixed control systems for illicit trafficking in narcotic drugs and psychotropic substances; 2) the Russian control system is individual; 3) the universal control system is most consistent with the goals of ensuring national security. The results of the study are applicable in law-making, law enforcement and research activities.