Vol 17, No 1 (2022)

The article analyzes international normative legal acts dedicated to combating illicit trafficking in narcotic drugs and similar substances. It has been established that the international system of control over the circulation of drugs and similar substances is built on the basis of three normative legal acts: the United Nations Single Convention on Narcotic Drugs of 1961, the United Nations Convention on Psychotropic Substances of 1971 and the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic substances in 1988. These documents provide for both the principles of combating illicit trafficking in narcotic drugs and similar substances, and specific measures aimed at suppressing their illicit trafficking. A comparative analysis of the normative material of international conventions and Russian criminal law is given in terms of the ratio of prohibited and restricted drugs and substances. This article also examines the universal principles for establishing a registration system for psychotropic substances, as well as for the verification of the activities of scientific laboratories, manufacturers, exporters and distributors whose activities are related to psychotropic substances. The methodological basis of the article is manifested through the formal legal and comparative legal methods. As a result of the study, it was found that domestic control lists include much more narcotic drugs and psychotropic substances than provided for by international conventions. It is concluded that international and domestic law should be reasonably correlated in terms of the number of fixed narcotic drugs and psychotropic substances in order to most effectively counter the global drug addiction of society.

in the article, the author reveals the objective and subjective signs of the crime provided for in Article 1241 “Obstruction of medical care” of the Criminal Code of the Russian Federation (hereinafter the Criminal Code of the Russian Federation). It is concluded that the objective side of the analyzed crime consists in actions (inaction), expressed in various forms of obstruction of legitimate activities of a medical worker to provide medical care, which caused serious harm to human health; b) the consequence in the form of causing serious harm to the patient’s health; c) the causal relationship between the act and the socially dangerous consequence. The author also notes that in order to establish the composition described in Article 1241  of the Criminal Code of the Russian Federation, it does not matter what form of guilt was in relation to the act of obstructing the provision of medical care. The criminal-legal significance has a mental attitude to the occurrence of the consequences indicated in the analyzed composition, i.e. to the fact of causing serious harm to the patient’s health. It must be careless.

the article deals with the issues of understanding the category of “entrepreneurial risk”, since in the theory of entrepreneurial and civil law there are different approaches to interpreting this concept. Relations with the participation of entrepreneurs are social relations, while the latter cannot be reduced solely to relations that need legal regulation (support for citizens in socially unfavorable situations) due to the instability of the rule of law and the adoption of improper decisions by the relevant authorities. The need for state influence does not seem to serve as a criterion for classifying relations as social, depending on the type of social relations, the goals of the state at a particular stage of development, the economic situation, the reaction of the state may be different, as well as the impact on the consequences of adverse situations for members of society. To date, the legislation of the Russian Federation fixes risk as one of the signs of entrepreneurial activity. At the same time, one cannot but agree that any type of activity is somehow associated with risk, which may have various reasons. Risk, accompanying any type of activity, is an obligatory element of entrepreneurial activity and consists in the uncertainty of the position of the entrepreneur caused by macroeconomic situations, domestic and foreign economic policy of the state, geopolitical risks, other factors, which consists in the possibility (often potential) of adverse property consequences caused by both insufficiency of information, changing conditions, and improper assessment of the latter due to various reasons (lack of experience, knowledge, psychotype characteristics and other reasons). Any adverse consequences that are not “objectively (and not subjectively) unavoidable” are classified as entrepreneurial risk, with the exception of those circumstances that 1) are the result of force majeure, 2) or completely depend on the will and actions of the debtor’s management, are the responsibility of the sole executive body to act in good faith and reasonably. As the analysis of judicial practice has shown, the composition of the circumstances defined as “entrepreneurial risk” depends, firstly, on the very fact of carrying out entrepreneurial activity and the general knowledge that any entity engaged in entrepreneurial activity should have, and secondly, specific knowledge in that the area in which this activity is carried out. The presence of risk in relations with the participation of an entrepreneur poses certain tasks for the legislator. If we turn to other branches of law, we can state that the main consequence of the presence of risk in certain respects is the 
minimization of risk, the minimization of negative consequences. Speaking about civil law relations, one can state the focus on a fair distribution of risks depending on the guilt in the occurrence of adverse consequences, the good faith of the person, taking into account the principles of justice, legality and reasonableness. In case of considering business risk issues, the fundamental role is played by the goals of state regulation, determined in accordance with the program of socio-economic development of the Russian Federation, and the general principles of business law, such as, for example, protection of the weak side, etc. The consequences of any adverse events affect, first of all, but not only, the entrepreneur’s property sphere.