Technical-legal aspects of the normative consolidation of the signs of the objective side of the crime provided for in Article 238.1 of the Criminal Code of the Russian Federation

Abstract

The article analyzes the peculiarities of the regulation of criminal liability for the circulation of falsified, substandard and unregistered medicines, medical devices and the turnover of falsified biologically active additives (Article 238.1 of the Criminal Code of the Russian Federation). First of all, the author highlights violations of the general rules of legislative technique, which provide for compliance with the requirements of saving regulatory material, the use of similar terms in the construction of homogeneous compositions of crimes, etc. The author notes that it is necessary to normalize the level of punishability of single-order elements of crimes enshrined in Articles 235.1 and 238.1 of the Criminal Code of the Russian Federation by simultaneously indicating the large size of the acts committed in these criminal law prohibitions. The article notes the need for additional criminological analysis of other possible illegal actions with falsified, substandard or unregistered medicines, medical products and biologically active additives, such as - purchase, storage, transportation. The author also offers various options for interpreting the signs of the objective side, such as production and marketing, examines the features and controversial aspects of the qualification of an unfinished crime, explores the issues of excluding criminal liability in the manufacture of medicines and medical devices in the process of conducting clinical trials and research, and carrying out export operations.