ON SOME PROBLEMS OF QUALIFICATION AND PROOF OF DRUG SMUGGLING COMMITTED USING THE INTERNET (BASED ON EXAMPLES OF RUSSIAN LAW ENFORCEMENT PRACTICE) УДК 343.575

Abstract

The urgency of the fight against drug smuggling is due to the need to ensure the national security of the Russian Federation, as well as other BRICS member countries. The consolidation of efforts at the international level to combat these crimes should be preceded by a generalization of the national experience of each State. The crimes provided for in Article 229.1 of the Criminal Code of the Russian Federation are latent. It is recognized at the state level that the main reason for this is the use of information and telecommunication networks for their commission. A similar point of view is shared by legal scholars who study the problems of countering these illegal acts. An analysis of the few judicial practices in criminal cases of crimes provided for in Article 229.1 of the Criminal Code of the Russian Federation has revealed some problems of their investigation. In the case when operational investigative measures were not carried out on the fact of drug smuggling, proving the event of a crime presents significant difficulties. In a situation where evidence is obtained using the results of operational investigative activities, there is a risk of their exclusion due to violations committed during the production of operational investigative measures. If operational investigative activities are carried out only on the territory of Russia without joining forces  with law enforcement agencies of foreign countries, then in most cases it is possible to identify the recipients of contraband and stop their illegal activities. The identities of the foreign accomplices remain unidentified. This entails difficulties in imputing the qualifying attribute provided for in paragraph "a" of Part 4 of Article 229.1 of the Criminal Code of the Russian Federation. In Russian practice, there are positive examples of suppressing the illegal activities of an international criminal community engaged in drug smuggling, as a result of successful interaction between employees of operational units of several States. In Russia, criminal cases of crimes provided for in Part 4 of Article 229.1 of the Criminal Code of the Russian Federation may be considered by a court with the participation of jurors. At the stage of pre-trial proceedings, there is a specificity of the investigation of such crimes. According to the results of the study, it is noted that comprehensive measures implemented at the domestic and international levels could contribute to improving the effectiveness of the fight against drug smuggling.