Tyumen, Russian Federation
Introduction: the article examines the issues of examining citizens for alcohol and other types of intoxication in cases stipulated by the legislation on administrative responsibility. An analysis of legal norms regulating the procedure for sending and conducting examinations when establishing signs is carried out. Attention is paid to the lack of a unified approach in the preparation of regulatory acts governing the considered area of public relations and the administrative responsibility provided for by law for refusing to undergo examination. Materials and methods: the normative basis of the study is the legislation regulating the grounds and procedure for applying state coercion measures aimed at obtaining evidence of a person being intoxicated, when such evidence plays a decisive role in qualifying the act. In the course of the study, materials of law enforcement practice and previously published scientific works were used. Research results: based on the results of the study, gaps and conflicts of administrative-tort legislation were identified in terms of obtaining evidence about a person's condition in the implementation of proceedings on administrative offenses. Conclusions and findings: in the conclusion, the author formulates proposals for amendments to current legislation aimed at eliminating problems associated with the lack of a unified legal regulation of the grounds and procedure for examining citizens for intoxication.
medical examination, state of intoxication, administrative activity, police, administrative offenses
1. Dugenets Aleksandr Sergeevich Problems of referring persons who have committed administrative offenses for medical examination for intoxication // Siberian Legal Review. 2020. No. 1. URL: https://cyberleninka.ru/article/n/problemy-napravleniya-na-meditsinskoe-osvidetelstvovanie-na-sostoyanie-opyaneniya-lits-sovershivshih-administrativnye (date of access: 31.01.2024).
2. SOOP ISOD of the Ministry of Internal Affairs of Russia "Administrative Practice" (for registered users)
3. Arzamasov Yu.G. Legal nature of departmental regulatory legal acts // Bulletin of Peoples' Friendship University of Russia. Series: Legal Sciences. - 2019. - Vol. 23. - No. 3. - P. 413-428. doi:https://doi.org/10.22363/2313-2337-2019-23-3-413-428 (for registered users)
4. Kokhan R.Yu. Administrative and legal basis for the use of medical examination by the police for drug intoxication. Abstract of diss. candidate of legal sciences. 12.00.14. - 260 p., 2021 https://www.dissercat.com/content/administrativno-pravovye-osnovy-primeneniya-politsiei-meditsinskogo-osvidetelstvovaniya-na
5. Tsukanov Nikolay Nikolaevich, Zheleznyak Nikolay Semenovich Drug intoxication: features of administrative and legal significance // Bulletin of the Siberian Law Institute of the Ministry of Internal Affairs of Russia. 2018. No. 3 (32). URL: https://cyberleninka.ru/article/n/narkoticheskoe-opyanenie-osobennosti-administrativno-pravovogo-znacheniya (date of access: 02.10.2024).
6. Gorelik A.V. Medical examination for drug intoxication and examination in proceedings on administrative offenses under Article 6. 9 of the Code of Administrative Offenses of the Russian Federation: the ratio of procedural instruments // Bulletin of the Siberian Law Institute of the Ministry of Internal Affairs of Russia. 2015. No. 4 (21). P. 138-143. URL: https://cyberleninka.ru/article/n/meditsinskoe-osvidetelstvovanie-na-sostoyanie-narkoticheskogo-opyaneniya-i-ekspertiza-v-proizvodstve-po-delam-ob-administrativnyh
7. Novichkova, E. E. On the problems of referring citizens for medical examination for intoxication / E. E. Novichkova // Bulletin of the Tyumen Institute for Advanced Training of Employees of the Ministry of Internal Affairs of Russia. - 2016. - No. 1 (6). - P. 20-24. - EDN XCBWQF.
8. Dizer O. A. Administrative liability for committing offenses related to the use of narcotic drugs or psychotropic substances // Psychopedagogy in law enforcement agencies. 2013. No. 3 (54). P. 32-35.