Pharmaceutical Law: Criminal Aspects
( Pp. 203-209)

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Abstract:
The author, considering the possibility of the emergence of a new branch of law in the future - pharmaceutical law, focuses on the complexity of regulating the sphere of turnover of medicines, at the same time pointing to this as the main reason for the uncertainty of the legislator in matters of the correctness of the choice of the object and subject of legal regulation. The author, citing examples from practice, draws attention to the fact that pharmaceutical activity is gradually becoming the object of regulatory regulation of various legal institutions, where the turnover of medicines, as well as medicines and other products containing raw materials of a medicinal nature, can be subject not only to the rules of civil turnover, as well as other special acts, but also to the norms of criminal law. The purpose of the study: To analyze the criminal legislation of the Russian Federation, including articles of the Criminal Code that establish responsibility for crimes in the field of pharmaceutical criminal law. Methodology and methods: the article uses both general scientific methods of analysis, synthesis, deduction, induction, and the method of interpretation of legal norms, which together make it possible to more effectively analyze the institutions of criminal law and determine the directions of development of the norms of pharmaceutical criminal law. Conclusions: as a result of the study, the author consistently substantiated the conclusion that the scope of application of criminal legislation in the control of pharmaceutical activities is expanding, at the same time, frequent violation of established prohibitions and regulations in the turnover of medicines suggests that the dialectical component of this issue is in an active phase of development, which indicates the inevitability (regularity and expediency) of the separation of a group of norms into a relatively autonomous group, which may be called pharmaceutical criminal law.
How to Cite:
Serebrennikova A.V., (2021), PHARMACEUTICAL LAW: CRIMINAL ASPECTS. Gaps in Russian Legislation, 6 => 203-209.
Reference list:
The Criminal Code of the Russian Federation: Federal Law No. 63-FZ of 13.06.1996 (as amended on 05.04.2021) // Collection of Legislation of the Russian Federation. 1996. No. 25. St. 2954.
Federal Law No. 99-FZ of 04.05.2011 (as amended on 11.06.2021) "On licensing of certain types of activities" // Collection of Legislation of the Russian Federation. 2011. No. 19. St. 2716.
Federal Law No. 3-FZ of 08.01.1998 (as amended on 08.12.2020) "On narcotic drugs and psychotropic substances" // Collection of Legislation of the Russian Federation. 1998. No. 2. Article 219.
Federal Law No. 61-FZ of 12.04.2010 (ed. of 11.06.2021) "On the circulation of medicines" // Collection of Legislation of the Russian Federation. 2010. No. 16. St. 1815.
Federal Law No. 392-FZ of 11/22/2016 "On Amendments to the Criminal Code of the Russian Federation and the Code of Criminal Procedure of the Russian Federation (in terms of strengthening responsibility for anti-Doping rule violations)" // Collection of Legislation of the Russian Federation. 2016 (Part I). No. 48. St. 6732.
Federal Law No. 294-FZ of 26.12.2008 (ed. of 11.06.2021) "On the protection of the rights of legal entities and individual entrepreneurs in the exercise of state control (supervision) and municipal control" // Collection of Legislation of the Russian Federation. 2008. No. 52 (part 1). Article 6249.
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Keywords:
pharmaceutical law, criminal law, liability, medicines, state control.


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