Internet sales of potent substances: regulation and gaps in legislation

Voykova Natalia Andreevna ORCID: 0000-0001-7710-5431 PhD in Law Associate Professor; Law Institute; P. Lumumba Peoples' Friendship University of Russia 115419, Russia, Moscow, Danilovsky district, Serpukhovskiy Val str., 24 k. 2, sq. 3 voykova.n@mail.ru Moreeva Sof'ya Nikolaevna PhD in Law Head of the Department; Department of Law and Practical Jurisprudence; Russian Presidential Academy of National Economy and Public Administration Associate Professor; Law Institute; P. Lumumba Peoples' Friendship University of Russia 119571, Russia, Moscow, Troparevo-Nikulino district, Akademika Anokhina str., 9 moreeva-sn@ranepa.ru

Matsaeva Tat'yana Vladimirovna Lecturer; Department of Law and Practical Jurisprudence; Russian Presidential Academy of National Economy and Public Administration 10, Usovo-Dead End settlement, Odintsovo, Moscow region, 143084, Russia matsaeva-tv@ranepa.ru

In the context of the rapid development of information and communication technologies (ICT), there has been a significant increase in the volume of distance trading via the global Internet. This process is associated with the widespread adoption of digital platforms, mobile applications, and electronic services that allow consumers to make purchases without having to physically visit stores.

The growth of online commerce is driven not only by improvements in ICT infrastructure, but also by changes in consumer behavior, which increasingly prefer the convenience and speed of online shopping to traditional forms of shopping. Modern technologies make it possible to easily compare prices, select products according to a variety of parameters and receive them delivered directly to your home, which makes this method of purchasing goods especially attractive to many buyers. Thus, it can be argued that the development of information and communication technologies has a significant impact on the transformation of traditional retail models, opening up new opportunities for both businesses and end consumers.

This phenomenon is related to the ease of access to online platforms, as well as the high degree of anonymity of users and the cross-border nature of the network itself. However, these same factors significantly complicate the monitoring and regulation of sales of various categories of goods in the digital space, which creates favorable conditions for the distribution of goods through the Internet, the free circulation of which poses a danger to society, including the spread of potentially dangerous substances.

Despite legislative restrictions aimed at preventing the trafficking of certain groups of goods (for example, alcohol and tobacco products), an increasing number of products are becoming available to a wide audience, regardless of their intended purpose. This applies, among other things, to both pharmaceuticals and toxic compounds of various nature and degree of exposure to the human body.

If violations of current legislation are detected in the operation of Internet platforms selling medicines and pharmaceutical products, the relevant regulatory authorities, such as Roskomnadzor, have the right to take the necessary measures to restrict users' access to these online resources (Federal Law No. 149-FZ of 27.07.2006 "On Information, Information Technologies and Information Protection"//Collection of legislation of the Russian Federation. - 07/31/2006. - N 31 (1 part). - Art. 3448.). However, the question arises about the measures of regulation and control over electronic trading platforms selling toxic substances.

An analysis of the literature shows that while the development of criminal legislation in the field of combating illicit trafficking in toxic and potent substances is, in principle, in the field of researchers' attention ^[1,2,3], the issues of combating the dissemination of information about the possibility of acquiring such substances in the scientific community are not actually being developed, which determines the relevance of this study, aimed at filling the gap that has arisen.

The purpose of the study is to analyze gaps in the legal regulation of online sales of potent and toxic substances in terms of controlling the dissemination of information about the sale of relevant substances, as well as to develop specific proposals to improve legislation and practice blocking resources that disseminate information that could harm public interests.

Legal regulation of the turnover of toxic substances

In order to develop the consumer market, stimulate competition, overcome monopolism in the retail sector and create conditions for the rapid development of a trading and intermediary network in the context of price liberalization, a Presidential decree in 1992 granted enterprises, regardless of their forms of ownership, as well as citizens, the right to carry out trading, intermediary and procurement activities without special permits, with the payment of fixed payments and fees, with the exception of trade in weapons, ammunition, explosives, toxic and radioactive substances, drugs, medicines, travel tickets and other goods, the sale of which is prohibited or restricted by current legislation (Decree of the President of the Russian Federation dated January 29, 1992 N 65 "On freedom of trade" //Bulletin of the Ministry of Internal Affairs and the Armed Forces of the Russian Federation. - 02/06/1992. - N 6. - Art. 290).

According to article 3 of Federal Law No. 149-FZ of July 27, 2006 "On Information, Information Technologies and Information Protection", one of the basic principles of legal regulation of relations in the field of information is to ensure the freedom to search, receive, transmit, create and disseminate information by any legal means (Federal Law No. 149 of July 27, 2006-Federal Law "On Information, Information Technologies and Information Protection"//Collection of legislation of the Russian Federation. - 07/31/2006. - N 31 (1 part). - Art. 3448.). Restrictions on access to information, in turn, may be established solely on the basis of federal laws. In order to protect constitutional principles, moral values, the health of citizens, the rights and legitimate interests of others, as well as to ensure defense capability and state security, access to certain information may be restricted in accordance with federal laws and decrees of the President of the Russian Federation, which is stipulated in part 1 of Article 9 of the aforementioned Federal Law.

One cannot but agree with M.N. Stepanova's opinion that "to ensure effective protection of national interests in the field of information security, an integrated approach is needed, including the development and improvement of cyber defense infrastructure, optimization of content distribution control in accordance with the legislation of the Russian Federation and improvement of the legislative framework adapted to modern technologies" ^{[4, P. 52]}. The development of technology as a negative side effect entails facilitating the dissemination of information that can cause significant harm to society and individuals. Thus, global information and communication networks such as the Internet have greatly facilitated access to potentially dangerous chemical compounds and psychoactive substances, among other things. Online trading platforms allow these substances to be sold with a high degree of anonymity of sellers, which complicates the process of identifying persons who have committed offenses, as well as subsequently bringing them to legal responsibility.

Potent substances and poisons are classified into categories that determine their legal status and conditions of turnover. These categories include:

1) Prohibited for free sale – substances, access to which is strictly limited by law. They can only be used under certain conditions and under strict supervision.

2) Restricted in export and import – substances whose turnover is regulated by special international agreements and national legislation. Their movement across borders is monitored to prevent illegal use and distribution.

Such measures are aimed at ensuring the safety of society and preventing the abuse of strong substances and poisons.

Decree of the President of the Russian Federation No. 179 of February 22, 1992 approved the list of types of products and industrial waste that are not subject to free sale, this applies to toxins and potent substances (Decree of the President of the Russian Federation No. 179 of February 22, 1992 "On types of products (works, services) and industrial waste, the free sale of which is prohibited"//Rossiyskaya gazeta. - N 61. -16.03.1992.). According to this decree, the free sale of poisons, narcotic drugs and psychotropic substances was prohibited, including substances such as methanol (methyl alcohol), which is a powerful neurotoxin and vasotoxic agent.

By the same Decree, the Government of the Russian Federation was authorized to develop a procedure for the sale of products included in the specified list, to ensure control over its implementation, as well as to make appropriate changes and additions.

Pursuant to the Decree, Decree No. 959 of the Government of the Russian Federation dated December 10, 1992 "On the supply of products and industrial waste, the free sale of which is prohibited" approved a list of products that are supplied only to those consumers who have permission to use them in the Russian Federation. According to this document, decisions regarding the use of products such as poisons are made by the Ministry of Health of the Russian Federation.

Decree of the Government of the Russian Federation No. 681 of June 30, 1998 approved the list of narcotic drugs, psychotropic substances and their precursors subject to state control in the Russian Federation. As for toxins, the nomenclature of these substances was approved by Decree of the Government of the Russian Federation No. 930 of August 3, 1996 (Decree of the Government of the Russian Federation No. 930 of August 3, 1996 "On Approval of the Nomenclature of Potent and Poisonous Substances that are not Precursors of Narcotic Drugs and Psychotropic Substances, which are subject to the Procedure for import into and Export from the Russian Federation Of the Russian Federation, approved by Decree of the Government of the Russian Federation No. 278 dated March 16, 1996" // Collection of Legislation of the Russian Federation. – 08/19/1996 - N 34. - St. 4122).

By Joint Order of the Ministry of Internal Affairs of the Russian Federation, the Ministry of Justice of the Russian Federation, the Ministry of Health of the Russian Federation, the Ministry of Economy of the Russian Federation, the State Customs Committee of the Russian Federation, the Federal Security Service of the Russian Federation and the Federal Border Guard Service of the Russian Federation dated November 9, 1999 No. 840/320/388/472/726/530/585 (Order of the Ministry of Internal Affairs of the Russian Federation No. 840, Ministry of Justice of the Russian Federation No. 320, Ministry of Health Russian Federation No. 388, Ministry of Economy of the Russian Federation No. 472, State Customs Committee of the Russian Federation No. 726, Federal Security Service of the Russian Federation No. 530, Federal Migration Service of the Russian Federation No. 585 dated 09.11.1999 "On Approval of Instructions on the Procedure for Withdrawal from Illicit trafficking of narcotic drugs, psychotropic Substances and their Precursors, tools and equipment under special control and used for the production and manufacture of narcotic drugs psychotropic substances, as well as their accounting, storage, transfer, use and destruction" // According to the conclusion of the Ministry of Justice of the Russian Federation, this document does not need state registration. - Letter of the Ministry of Justice of the Russian Federation dated 02/19/2002 N 07/1599-YUD //Bulletin of the Ministry of Justice of the Russian Federation. - No. 4. – 2002 (according to the conclusion of the Ministry of Justice of the Russian Federation, this document does not need state registration. - Letter of the Ministry of Justice of the Russian Federation dated 02/19/2002 N 07/1599-YUD) approved the instruction on the procedure for the withdrawal from illicit trafficking of narcotic drugs, psychotropic substances and their precursors, tools and equipment under special control and used for the production and manufacture of narcotic drugs and psychotropic substances, as well as on accounting, storage, transfer, use and destruction of the specified items. This instruction establishes a unified procedure for the withdrawal from illicit trafficking of narcotic drugs, psychotropic substances and their precursors included in the list approved by Decree of the Government of the Russian Federation No. 681 of June 30, 1998, as well as tools and equipment under special control and used for the production and manufacture of these substances.

The issue of trafficking in precursors, analogues and derivatives of narcotic drugs and psychotropic substances does not relate to the subject of this study; at the same time, we consider it necessary to pay attention to the position of R.B. Osokin and N.N. Zalivina, who emphasize that "to date, there is no comprehensive and complete legislative regulation of this area. There is also no unified methodology for conducting a forensic study, the results of which could unambiguously indicate that an object is classified as an analog, precursor, or derivative of a narcotic drug or psychotropic substance" ^[5].

Paragraph 39 of the above-mentioned instruction provides for the transfer of seized or confiscated drugs, tools and equipment for subsequent use in operational search activities, expertise, scientific research, educational purposes, medical practice, industrial processing or destruction.

It is worth noting that, according to the note to paragraph 1 of the above Instructions, its requirements also apply to potent and toxic substances.

The previously mentioned Decree of the Government of the Russian Federation dated December 29, 2007 No. 964 approved Lists of potent and poisonous Substances for the purposes of Article 234 and other articles of the Criminal Code of the Russian Federation, as well as a large amount of potent substances for the purposes of Article 234 of the Criminal Code of the Russian Federation, according to which such a substance, for example, as strychnine nitrate and its dosage forms in various dosages refers to toxic substances.

It seems reasonable to add that the sanction of Article 234 of the Criminal Code of the Russian Federation for the illegal trafficking of potent or poisonous substances for the purpose of sale provides for a fine in the amounts established by the provisions of the said article, or compulsory, correctional or forced labor, or imprisonment for up to 7 years (Criminal Code of the Russian Federation of June 13, 1996, No. 63-FZ // Collection of legislation of the Russian Federation. – 06/17/1996 - N 25 - St. 2954).

According to the Judicial Department of the Supreme Court of the Russian Federation, in 2024, 738 people were convicted under all parts of Article 234 of the Criminal Code of the Russian Federation (of which 303 people were convicted under the first part of Article 234 ("Illegal trafficking of potent or poisonous substances for sale"), and 384 people were convicted under the third part of Article 234 ("Illegal trafficking violent or poisonous substances for the purpose of sale, committed by a group of persons by prior agreement") (Judicial Department at the Supreme Court of the Russian Federation: judicial statistics//URL:https://cdep.ru/index.php?id=79&item=8946). At the same time, a comprehensive analysis of this information takes into account data from "Information on persons convicted of crimes related to illicit trafficking in narcotic drugs, psychotropic substances and their precursors or analogues, potent substances, plants (or parts thereof) containing narcotic drugs or psychotropic substances or their precursors, new potentially dangerous psychoactive substances" It allows us to conclude that 346 of the above 738 people were convicted of trafficking in highly addictive substances. Thus, it can be assumed that 392 people were convicted of crimes related to trafficking in poisons.

The Government of the Russian Federation adopted Resolution No. 278 of March 16, 1996 (Resolution of the Government of the Russian Federation No. 278 of March 16, 1996 "On the Procedure for the Import into and Export from the Russian Federation of potent and toxic substances that are not Precursors of narcotic drugs and Psychotropic substances" // Collection of Legislation of the Russian Federation. – 03/25/1996. - No. 13. – Art. 1350), which approved the Regulation on the Procedure for the Import into and Export from the Russian Federation of Potent Substances and Toxic Substances that are not Precursors of Narcotic Drugs and psychotropic Substances, establishing a licensed procedure for the import into and export from the Russian Federation of these substances and poisons, and In addition to it, the previously mentioned Decree of the Government of the Russian Federation dated 08/03/1996 No. 930 approved the Nomenclature of potent and toxic substances that are not precursors of narcotic drugs and psychotropic substances. Some of these substances, as noted, are dual-use chemicals and are used in industry and agriculture.

Analyzing and comprehensively considering the presented provisions of various regulatory legal acts regulating relations in the field of the sale of potent substances and poisons, it is possible to come to a reasonable conclusion that there is still no coherent conceptual framework in this area and the interpretation of many concepts is not given, as well as the presence is not established or specified. bans or restrictions on the sale of certain substances to the civilian population, with the exception of substances and poisons explicitly specified in the analyzed acts of the Government of the Russian Federation.

As for the private law regulation of relations related to the presence of a special subject, the authors consider it necessary to point out that, in accordance with paragraph 2 of Article 129 of the Civil Code of the Russian Federation, a legislative act or in accordance with the procedure provided for by it, restrictions may be imposed on the turnover of objects of civil rights (Civil Code of the Russian Federation (Part One) of 11/30/1994 N 51-Federal Law //Collection of legislation of the Russian Federation. - 05.12.1994. - N 32. - St. 3301). In particular, it is possible to introduce special rules defining the types of objects of civil rights that may be owned exclusively by certain participants in civil turnover, or providing for the need to obtain special permission to make transactions with such objects.

We should also consider the issues of interest to us in the framework of regulating relations in the field of drug trafficking.

According to the provisions of Part 1.1 of Article 55 of Federal Law No. 61-FZ of April 12, 2010 "On the Circulation of Medicines", a ban has been introduced on the remote sale of prescription medicines, narcotic and psychotropic medicines, as well as alcohol-containing medicines with an ethyl alcohol content of more than 25% (Federal Law No. 61-FZ of April 12, 2010 "On the circulation of medicines"//Collection of legislation of the Russian Federation. - 04/19/2010. - N 16. - Art. 1815.)

However, within the framework of the experimental legal regime in force in the city of Moscow, Belgorod and Moscow regions from March 1, 2023 to March 1, 2026, it is possible to remotely purchase these categories of medicines through a citizen's personal account on a Single portal of state and municipal services or relevant regional portals, subject to compliance with the requirements provided for in Article 55.1 of the said Federal Law. the law.

Within the framework of current regulations and in conditions of remote distribution (sale) of certain groups of pharmaceutical products, access to data on their release may be temporarily suspended outside of a judicial procedure based on a decision of the Federal Service for Control over the Turnover of Medical Products. In this context, it is necessary to take into account the Decree of the Government of the Russian Federation of October 26, 2012 No. 1101, which regulates the procedure for making decisions regarding limited types of information and materials distributed via the Internet, taking into account the established prohibitions on the territory of the Russian Federation (Decree of the Government of the Russian Federation of October 26, 2012 No. 1101 "On the Unified Automated Information System "Unified the registry of domain names, site page indexes in the Internet information and telecommunications network, and network addresses that identify sites in the Internet information and telecommunications network that contain information whose dissemination is prohibited in the Russian Federation" // Collection of Legislation of the Russian Federation. – 10/29/2012. - No. 44. – Art. 6044).

However, information on the remote release of highly potent compounds and toxic substances is not included in the list of data, access to which may be administratively restricted based on an appropriate decision of the competent state body appointed by the Government of the Russian Federation. At the same time, we agree with Sokolov's position that administrative and legal measures are of particular importance among the means of countering threats to information security; such measures make it possible to combat information dangerous to society and individuals effectively and in a short time ^{[6, P. 24]}.

It should be noted that in everyday practice, toxic compounds and potent agents are considered as substances that cause dysfunction of living organisms, potentially capable of intoxication and even death.

Nevertheless, these compounds have a variety of functional characteristics, as we noted earlier. They are able to transform into vital pharmaceuticals that play a key role in saving human lives. In addition, these substances can act as indispensable components in a variety of industrial and agricultural sectors.

Problem statement: the turnover of toxic substances on the Internet

There has been a noticeable increase in the number of websites selling various toxic and highly active chemical compounds on the Internet. These substances are often advertised as "leaving no traces" when used, and are also accompanied by detailed instructions on how to use these substances and their effects on the human body. It is noteworthy that such sites often contain positive reviews from satisfied customers who claim that the products they bought from them really helped to cope with some difficult life situations.

At the same time, only departmental organizations are vigilant. For example, the order of JSC "Russian Post" dated 08/16/2024 No. 249-P, approving the Procedure for receiving and handing over internal registered mail items, namely Appendix No. 14 (paragraphs 2, 3, 8), prohibits poisons for shipment in internal mail (Order of JSC "Russian Post" dated 08/16/2024 N 249-p "On approval of the procedure for receiving and handing over internal registered mail items" (has not been officially published) // IPP <url> // URL: https://base .garant.ru/410643544 / (date of access: 03/12/2025).

Along with this, the question arises, is the criminal punishment established by Article 234 of the Criminal Code of the Russian Federation sufficient and does such punishment stop the owners of "deadly" websites?

The media has repeatedly raised the issue of the sale of poisons remotely via the Internet in their reports and publications.

Thus, the mechanism of implementation of poisons and the problem of bringing perpetrators to justice are described in detail in a journalistic article by A. Matveeva, "It is almost impossible to catch them. Who sells "invisible death" in Russia. The article is accompanied by screenshots from websites selling toxic substances, cites sellers' advertising slogans, and quotes reviews from "satisfied users":

"The choice is really huge — about 20 types of toxic substances. The famous cyanide from the novel by Agatha Christie, thallium, ricin. There are also exotics: curare from the bark of a strychnosus native to South Africa, spider and snake venoms." As the author of the publication points out, "since 2021, Roskomnadzor has blocked 353 such resources. But the merchants of death create dozens of new ones every year. They do business through Telegram channels, with an average of up to five thousand subscribers, through anonymous mail or on the darknet..." (Matveeva A. It is almost impossible to catch them. Who sells invisible death in Russia. // RIA Novosti // UR: https://ria.ru/20230828/yady-1892203455.html (date of request: 02/20/2025).

At the same time, the blocking procedure is not transparent and is not guaranteed within the framework of the legal provisions of the Federal Law "On Information". This law does not contain unambiguous provisions allowing Roskomnadzor or other authorities to block relevant resources on their own initiative or on the basis of citizens' requests.

In February 2024, as part of our work on the topic, we sent an appeal against one of the sites selling toxic substances through the Public Electronic Reception of Roskomnadzor [Appeal number eais#2024-02-29-11037-BB]. As a result of the appeal, a response was received (received in the form of an e-mail reply on March 1, 2024 at 8:59 a.m.) that this website does not contain prohibited information in accordance with Federal Law No. 149-FZ of July 27, 2006 "On Information, Information Technologies and Information Protection" (Federal Law No. 149 of July 27, 2006-Federal Law "On Information, Information Technologies and Information Protection"//Collection of legislation of the Russian Federation. - 07/31/2006. - N 31 (1 h.). - Art. 3448.).

As of the date of preparation of this publication, the link sent to Roskomnadzor a year earlier is unavailable (the transition to the site is blocked by the provider as a transition to a potentially fraudulent resource, at the same time this link does not appear in the register of prohibited sites).

At the same time, by placing queries on the Yandex search network regarding specific names of toxic substances (names are not given for ethical and legal reasons), sites appear in search results, including those available in the Ru domain zone. Among other things, the website owners emphasize that they do not disclose the packaging details of the order, but they can confidently say that the customer will receive a regular parcel. They claim that the products have been certified in the ES countries [Request for the name of the toxic substance (the name is not published for ethical and legal reasons + buy, date of issue – 02/22/2025].

As part of the search results, a resource was also discovered, at the suggestion of toxic substances, disguised as a forum with a discussion of fantastic literature, indicating the contact details of a potential seller.

As a result of this experiment, both legal and ethical difficulties arise. On the one hand, drawing attention to this problem raises ethical questions – publishing specific search queries is impossible, so as not to provoke potential deviant behavior. On the other hand, interaction with government agencies regarding resources that threaten the main subjects of state security (individuals and society) (Federal Law No. 390-FZ of December 28, 2010 "On Security"// Collection of Legislation of the Russian Federation. – 03.01.2011. - N 1. - Art. 2.) is limited by the shortcomings of the current legislation.

It should be noted that in 2021, the Legislative Assembly of St. Petersburg submitted to the State Duma a bill (No. 1160422-7) on the inclusion of sites selling poisons in the register of information prohibited in the country for their operational blocking. The draft law noted that a number of substances are distributed on the Internet without restrictions. The response of the Government of the Russian Federation contained in the draft law card contains an indication that "highly potent and toxic substances are not narcotic and psychotropic substances, which is why amendments to subparagraph "b" of paragraph 1 of Part 5 of Article 1 of the Federal Law "On Information, Information Technologies and Information Protection" seem incorrect." (On Amendments In Article 15-1 of the Federal Law "On Information, Information Technologies and Information Protection": draft law // Legislative support system URL: https://sozd.duma.gov.ru/bill/1160422-7#bh (accessed 18.01.2025). It seems that this approach of the Government of the Russian Federation is superficial, does not reflect the existing risks to the security of citizens, society and the state, and requires repeated analysis.

Since 2012, the Unified Automated Information System "Unified Register of Domain Names, Site Page Indexes in the Internet Information and Telecommunications Network and network addresses that identify sites on the Internet Information and Telecommunications Network containing information Prohibited in the Russian Federation" has been operating in the Russian Federation (established on the basis of Part 1 Article 15.1 of Federal Law No. 149-FZ dated July 27, 2006 "On Information, Information Technologies and Information Protection").

The criteria for entering data (domain names, site page indexes and network addresses) into the above-mentioned Register, according to Part 5 of Article 15.1 of Federal Law No. 149-FZ of July 27, 2006 "On Information, Information Technologies and Information Protection", include:

1. Decisions of federal executive authorities authorized by the Government of the Russian Federation, adopted within their competence in accordance with the procedure established by the Government of the Russian Federation, regarding the dissemination of information via the Internet;

2. The court's decision on the recognition of information disseminated via the Internet as prohibited for distribution on the territory of the Russian Federation;

3. The decision of the bailiff to block access to information distributed on the Internet, which may damage the honor, dignity or business reputation of an individual or legal entity.

N.B. Yelchaninova's research on the problems of improving legislation in the field of restricting access to illegal information on the Internet demonstrates effective mechanisms for blocking dangerous content that can be adapted to combat online sales of poisons. The author analyzes in detail the evolution of Federal Law No. 149-FZ, noting that the inclusion of such categories as drugs, child pornography, and suicidal calls in the Unified Register of Prohibited Sites has significantly reduced their distribution ^[7]. However, as the study highlights, the current system responds primarily to threats that have already been identified rather than preventing them, which is especially important for rapidly updating resources for the sale of toxic substances.

In the context of the issue under consideration, it should be emphasized that entering data into the Register without the participation of judicial authorities, that is, by decision of the federal executive authority authorized by the Government of the Russian Federation, is allowed only in the case of remote sale of medicines that are prohibited for sale in accordance with the requirements of Part 1.1 of Article 55 of Federal Law No. 61 of April 12, 2010-Federal Law "On the circulation of medicines".

An analysis of the legal mechanisms governing the turnover of potent substances and poisons via the Internet indicates the need to improve regulatory controls to prevent their spread.

The inconsistency of the legislator seems obvious – on the one hand, the trafficking of a number of toxic substances, as mentioned earlier, is explicitly prohibited by criminal law, on the other – information on the supply of such substances is publicly available.

Regulation of the supply – and turnover – of highly toxic substances on the Darknet remains a separate problematic and urgent issue. A lot of research is currently devoted to the latter. As E.V. Lomachenko states, in particular: "goods and services are sold through [the darknet], the turnover of which is prohibited in the Russian Federation... Law enforcement agencies are technically unable to identify users" ^{[8, p. 62]}. The observation of A.A. Vasiliev and co-authors that "it is not technologies that should be considered criminal, but the goals for which they can be used" ^{[9, P. 12]} seems justified; at the same time, the lack of state control in this area obviously exacerbates the risks of spreading information threatening public safety.

Currently, these substances can freely circulate on the Web until the adoption of an appropriate legal act prohibiting the dissemination of such information. Despite the potential danger of these substances, they are not subject to automatic blocking by being included in the register of prohibited materials without a prior court decision.

At the same time, without going into details, attention should be paid to possible criminological difficulties that are relevant both in connection with the consideration of materials on the dissemination of information about the supply of toxic substances on the Internet, and in connection with the investigation of crimes on the distribution of such substances ^{[10, 11]}. As R.A. Sukhanov notes, anonymizing technologies (VPN, TOR, proxy servers) and hosting servers abroad significantly complicate the identification of distributors of prohibited content ^{[10, P. 349]}.

The conducted research of this problem highlights the importance of developing stricter legal regulation measures that will ensure that the trafficking of potent substances and poisons is impossible, as well as tougher liability for violations of relevant regulations, especially in cases involving harm to human health.

Based on the above, the following recommendations can be formulated.

In the field of improving legislation, it is necessary:

1) clarify the concepts of "potent" and "toxic substances" in the regulations for the uniform application of the law;

2) amend clause 5 of Article 15.1 of the Federal Law "On Information ..." by including sites that disseminate information about the sale of toxic substances, for the illegal trafficking of which responsibility arises under Article 234 of the Criminal Code of the Russian Federation, in the list of resources subject to blocking without a court decision (by analogy with drugs).

3) to establish the responsibility of search engines (Google, etc.) to remove links to sites that sell such substances, at the request of Roskomnadzor.

Within the framework of strengthening control and development of interagency cooperation:

1) it is necessary to empower the relevant authorities (Roskomnadzor and the Ministry of Internal Affairs) to monitor and suppress online sales of dangerous substances, including the Darknet;

2) create a unified database of prohibited substances and their analogues for the rapid identification of new trafficking patterns;

3) strengthen cooperation with customs and postal services to intercept packages with poisons.