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Certain Legal Problems of Medical Examination for Drug Intoxication

https://doi.org/10.19073/2658-7602-2020-17-2-257-261

Abstract

The article discusses some of the problematic issues of the law enforcement of a medical examination for drug intoxication as a measure of ensuring the proceedings in an administrative case, and the use of the results of this examination as evidence in a case of an administrative offense. Certain contradictions of the legislation governing the medical examination procedure and the procedural features of the use of the results obtained in deciding on an administrative offense case have been identified. The necessity of introducing amendments to the legislation aimed at increasing the level of legal protection of citizens, including those brought to administrative responsibility, is substantiated. Separate directions are proposed for improving the legal and organizational framework for conducting the examination for drug intoxication, including the establishment of common criteria for assessing the state of intoxication, taking into account acceptable levels of threshold levels of narcotic drugs, psychotropic substances, other chemicals and their metabolites in the human body.

About the Authors

V. M. Isaev
Bryansk Branch of the Russian Academy of National Economy and Public Service Under the President of the Russian Federation
Russian Federation

Isaev Viktor M., Dean of the Faculty of Law, Candidate of Legal Sciences

18 Gorkogo st., Bryansk, 241050



E. N. Pashkova
Bryansk Branch of the Advanced Training Institute of the MIA of Russia
Russian Federation

Pashkova Ekaterina N., Docent at the Department of General Legal Studies, Candidate of Legal Sciences, Docent

2a 2nd Sovetskiy lane, Bryansk, 241050



References

1. Budnikova A. B. K voprosu o soderzhanii ponyatiya «op’yanenie» primenitel’no k stat’e 12.8 KoAP RF [On the Content of the Concept of “Intoxication” in Relation to Article 12.8 of the Code on Administrative Offences of the Russian Federation]. Aktual’nye problemy bor’by s prestupnost’yu: voprosy teorii i praktiki. Ch. 1 – Actual Problems of the Fight Against Crime: Questions of Theory and Practice. Pt. 1. Krasnoyarsk, Siberian Law Institute of the Ministry of Internal Affairs of Russia Publ., 2018, pp. 46–48.


Review

For citations:


Isaev V.M., Pashkova E.N. Certain Legal Problems of Medical Examination for Drug Intoxication. Siberian Law Review. 2020;17(2):257-261. (In Russ.) https://doi.org/10.19073/2658-7602-2020-17-2-257-261

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ISSN 2658-7602 (Print)
ISSN 2658-7610 (Online)