THE PROBLEM OF AIDING UNDER ARTICLE 228 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION

ABSTRACT

In this article, the topic of aiding and abetting under Article 228 of the Criminal Code of the Russian Federation will be discussed. Its causes, signs and solutions will be discussed. The problem is relevant today, because... Crime statistics are growing every year.

Keywords:  aiding, crime, punishment, complicity.

Complicity under Article 228 of the Criminal Code of the Russian Federation is one of the serious crimes related to drug trafficking. The relevance of the study of this topic is due to the need for a deeper understanding of the mechanisms and consequences of the participation of individuals in assisting in the commission of drug crimes. This study is of great importance for society, as it allows us to better understand the structure of drug trafficking crimes and propose effective methods to combat them.

To conduct research on the topic, a set of methods for analyzing legal documents, statistical data and judicial practice was used. The regulations governing liability for complicity in drug trafficking were studied, and criminal cases related to this type of crime were analyzed.

Aiding is defined as assisting in the commission of a drug trafficking crime. An accomplice can be either an individual or a legal entity. The main elements of complicity are the presence of intent, active participation in the commission of a crime and conscious assistance in its implementation. Persons who have committed complicity under Article 228 of the Criminal Code of the Russian Federation are subject to criminal liability. In accordance with the legislation of the Russian Federation, for complicity under Article 228 of the Criminal Code of the Russian Federation, a punishment may be imposed in the form of imprisonment for a term of up to 10 years, with deprivation of the right to hold certain positions or engage in certain activities.

Responsibility for complicity in the commission of a crime is established by Article 33 of the Criminal Code of the Russian Federation. The accomplice is subject to the same penalties as the principal. In accordance with the resolution of the Plenum of the Supreme Court of the Russian Federation “On judicial practice in cases of crimes involving narcotic drugs, psychotropic, potent and toxic substances” that was in force at the time the crime was committed, it was provided that the actions of an intermediary in the sale or acquisition of narcotic drugs should be qualified as complicity in the sale or acquisition of narcotic drugs, depending on whose interests (seller or purchaser) the intermediary is acting in.

According to studies conducted by the Ministry of Internal Affairs of the Russian Federation, the number of crimes related to drug trafficking and aiding in has increased significantly in recent years. In 2019, there were more than 50,000 drug-related crimes, of which about 30% were related to aiding and abetting. These data indicate the need for additional measures to combat complicity.

Judicial practice under Article 228 from the point of view of complicity is very diverse and depends on the circumstances of the case. In judicial practice, considerable attention is paid to circumstances that mitigate or aggravate liability.

There is also foreign judicial practice on this issue. The practice of the European Court of Human Rights states that each crime is decided individually, depending on the circumstances of the case, and the main criterion is the fairness of the trial and the validity of the verdict.

When analyzing judicial practice on aiding and abetting under Art. 228 of the Criminal Code of the Russian Federation, key attention should be paid to the specific circumstances of the case, the evidence base and qualifications of the actions of the accused. Practice shows that many aspects depend on the court’s interpretation of the participant’s actions and his intentions. It is a detailed study of the circumstances of the case that allows us to guarantee the fairness and validity of the court decision.

So, the study on the topic allows us to better understand the mechanisms of assistance in committing drug crimes and propose measures to prevent them. Actively combating such crimes is important for public safety and the effective fight against drug trafficking.

References:

1. Constitution of the Russian Federation: adopted by popular vote on December 12. 1993 (taking into account the amendments introduced by the Laws of the Russian Federation on amendments to the Constitution of the Russian Federation dated December 30, 2008 No. 6-FKZ, dated December 30, 2008 No. 7-FKZ, dated February 5, 2014 No. 2- FKZ, dated July 21, 2014 No. 11-FKZ) // Collection of legislation of the Russian Federation. – 2014. – No. 31. – Art. 4398.
2. Single Convention on Narcotic Drugs of 1961 as amended in accordance with the Protocol on Amendments to the Single Convention on Narcotic Drugs of 1961 // ConsultantPlus: reference legal system // [Electronic resource]. – URL: http://www.consultant.ru.
3. Convention on Psychotropic Substances (concluded in Vienna on February 21, 1971) // ConsultantPlus: reference legal system // [Electronic resource]. – URL: http://www.consultant.ru.
4. Criminal Code of the Russian Federation dated June 13, 1996 No. 63-FZ (as amended on March 30, 2015, as amended on April 7, 2015) // Collection of legislation of the Russian Federation. 06/17/1996. No. 25. art. 2954.
5. Russian Federation. Laws. On narcotic drugs and psychotropic substances dated 01/08/1998 No. 3-FZ: edition dated 12/25/2023: with amendments and additions that entered into force on 12/19/2020 // ConsultantPlus: reference legal system // [Electronic resource] . – URL: http://www.consultant.ru.
6. Russian Federation. Laws. On the basics of protecting the health of citizens in the Russian Federation dated November 21, 2011 No. 323-FZ: edition dated December 25, 2023: with amendments and additions that entered into force from December 19, 2020 // ConsultantPlus: reference legal system // [Electronic resource]. – URL: http://www.consultant.ru.
7. On judicial practice in cases of theft, robbery and robbery: Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 27, 2002 No. 29: edition dated May 16, 2017 // ConsultantPlus: reference legal system. – URL: http://www.consultant.ru (date of access: 05/18/2024).
8. Anisimova, I. A Subject of crimes under Art. 228, 228.1 of the Criminal Code of the Russian Federation: general provisions / I. A. Anisimova, A. V. Anisimov // Russian-Asian Legal Journal. – 2021. – No. 1. – P. 3-8. – URL: https://www.elibrary.ru/item.asp?id=44909641 (access date: 05/15/2024)
9. Antsiferova, A. R. Features of qualification of the sale of narcotic drugs, psychotropic substances or their analogues using electronic or information and telecommunication networks / A. R. Antsiferova, V. N. Vinokurov // Modern law. – 2019. – No. 10. – P. 23-27. – URL: https://www.elibrary.ru/item.asp?id=44909641 (access date: 05/15/2024)
10. Babayan, E. A. Legal aspects of the circulation of narcotic, psychotropic, potent, toxic substances and precursors / E. A. Babayan, A. V. Gaevsky, E. V. Bardin. – M.: 2002. – 250 p.