药法:刑事方面

A. Serebrennikova
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引用次数: 0

摘要

考虑到未来可能出现一个新的法律分支——药物法,作者着重讨论了规制药品流通领域的复杂性,同时指出这是立法者在法律规制客体和主体选择的正确性问题上不确定的主要原因。作者引用了实践中的例子,提请注意这样一个事实,即制药活动正逐渐成为各种法律机构监管的对象,在这些法律机构中,药品以及含有药用性质原料的药品和其他产品的交易不仅可以受到民事交易规则以及其他特殊行为的约束,而且还可以受到刑法规范的约束。这项研究的目的是:分析俄罗斯联邦的刑事立法,包括《刑法》中规定药物刑法领域犯罪责任的条款。方法论与方法:本文既运用了一般科学的分析、综合、演绎、归纳方法,又运用了法律规范的解释方法,从而更有效地分析了刑法制度,确定了药物刑法规范的发展方向。结论:由于这项研究,发件人一贯证实了以下结论,即刑事立法在管制药品活动方面的适用范围正在扩大,同时,在药品周转方面经常违反既定的禁令和条例表明,这一问题的辩证部分正处于积极发展阶段。这表明了一组规范分离为一个相对自治的群体的必然性(规律性和权宜性),这可以称为药物刑法。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
PHARMACEUTICAL LAW: CRIMINAL ASPECTS
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.
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