Instituto de Estudios Políticos y Derecho Público "Dr. Humberto J. La Roche"
de la Facultad de Ciencias Jurídicas y Políticas de la Universidad del Zulia
Maracaibo, Venezuela
Publicación cientíca en formato digital
ISSN-Versión Impresa 0798-1406 / ISSN-Versión on line 2542-3185
Depósito legal pp 197402ZU34
ppi 201502ZU4645
Vol.40 N° 74
2022
Recibido el 15/02/2022 Aceptado el 25/07/2022
ISSN 0798- 1406 ~ De pó si to le gal pp 198502ZU132
Cues tio nes Po lí ti cas
La re vis ta Cues tio nes Po lí ti cas, es una pu bli ca ción aus pi cia da por el Ins ti tu to
de Es tu dios Po lí ti cos y De re cho Pú bli co “Dr. Hum ber to J. La Ro che” (IEPDP) de la Fa-
cul tad de Cien cias Ju rí di cas y Po lí ti cas de la Uni ver si dad del Zu lia.
En tre sus ob je ti vos fi gu ran: con tri buir con el pro gre so cien tí fi co de las Cien cias
Hu ma nas y So cia les, a tra vés de la di vul ga ción de los re sul ta dos lo gra dos por sus in ves-
ti ga do res; es ti mu lar la in ves ti ga ción en es tas áreas del sa ber; y pro pi ciar la pre sen ta-
ción, dis cu sión y con fron ta ción de las ideas y avan ces cien tí fi cos con com pro mi so so cial.
Cues tio nes Po lí ti cas apa re ce dos ve ces al año y pu bli ca tra ba jos ori gi na les con
avan ces o re sul ta dos de in ves ti ga ción en las áreas de Cien cia Po lí ti ca y De re cho Pú bli-
co, los cua les son so me ti dos a la con si de ra ción de ár bi tros ca li fi ca dos.
ESTA PU BLI CA CIÓN APA RE CE RE SE ÑA DA, EN TRE OTROS ÍN DI CES, EN
:
Re vicyhLUZ, In ter na tio nal Po li ti cal Scien ce Abs tracts, Re vis ta In ter ame ri ca na de
Bi blio gra fía, en el Cen tro La ti no ame ri ca no para el De sa rrol lo (CLAD), en Bi blio-
gra fía So cio Eco nó mi ca de Ve ne zue la de RE DIN SE, In ter na tio nal Bi blio graphy of
Po li ti cal Scien ce, Re vencyt, His pa nic Ame ri can Pe rio di cals In dex/HAPI), Ul ri ch’s
Pe rio di cals Di rec tory, EBS CO. Se en cuen tra acre di ta da al Re gis tro de Pu bli ca cio-
nes Cien tí fi cas y Tec no ló gi cas Ve ne zo la nas del FO NA CIT, La tin dex.
Di rec to ra
L
OIRALITH
M. C
HIRINOS
P
ORTILLO
Co mi té Edi tor
Eduviges Morales Villalobos
Fabiola Tavares Duarte
Ma ría Eu ge nia Soto Hernández
Nila Leal González
Carmen Pérez Baralt
Co mi té Ase sor
Pedro Bracho Grand
J. M. Del ga do Ocan do
José Ce rra da
Ri car do Com bel las
An gel Lom bar di
Die ter Nohlen
Al fre do Ra mos Ji mé nez
Go ran Ther born
Frie drich Welsch
Asis ten tes Ad mi nis tra ti vos
Joan López Urdaneta y Nil da Ma rín
Re vis ta Cues tio nes Po lí ti cas. Av. Gua ji ra. Uni ver si dad del Zu lia. Nú cleo Hu ma nís ti co. Fa-
cul tad de Cien cias Ju rí di cas y Po lí ti cas. Ins ti tu to de Es tu dios Po lí ti cos y De re cho Pú bli co
“Dr. Hum ber to J. La Ro che”. Ma ra cai bo, Ve ne zue la. E- mail: cues tio nes po li ti cas@gmail.
com ~ loi chi ri nos por til lo@gmail.com. Te le fax: 58- 0261- 4127018.
Vol. 40, Nº 74 (2022), 410-424
IEPDP-Facultad de Ciencias Jurídicas y Políticas - LUZ
Measures for countering drug tracking
in Russia and Germany
DOI: https://doi.org/10.46398/cuestpol.4074.22
Vladimir Golubovsky1*
Mikhail Kostyuk2**
Elena Kunts3***
Abstract
The aim of this research was to develop a coherent theoretical
proposal for counteracting drug tracking in Russia and Germany.
The methodological basis of the research is the dialectical and
worldview approach. The latter determined the application of
the general principles of cognition to study the current situation
of drug abuse in Russia and Germany. Among the results stands
out the fact that, previously tested forms of preventive work
require careful restructuring and adjustment on the example of
the implementation of the Strategy of the State Anti-Drug Policy
of the Russian Federation until 2030, which implies the involvement
of various actors in the organization of preventive work. In addition, the
scientic results of the research include a critical analysis of the legislation
on drug tracking, trends in the drug situation and criminological study of
persons involved in drug tracking. In conclusion, the authors provided a
legal formulation of certain areas of the ght against drug tracking in the
Russian Federation and Germany.
Keywords: drug use prevention; narcotics tracking; psychotropic
substances; illicit tracking; comparative legislation.
* Doctor of Law, Professor, Leading Researcher of the Department for the Improvement of Legal and
Regulatory Regulation of the Center for the Study of Management Problems and organization of
execution of punishments in the penal and correctional system, FKU Research Institute of the Federal
Penitentiary Service of Russia. 125130 Moscow, Russia, Narvskayast. 15a (building 1). ORCID ID:
https://orcid.org/0000-0002-0587-2620
** Doctor of Law, Professor, Chair Professor, Department of State Law and Criminal Law Disciplines, Law
Faculty, Plekhanov Russian University of Economics.117997, Moscow, Stremyanny lane 36. ORCID ID:
https://orcid.org/0000-0003-4077-0248
*** Doctor of Law, Professor, leading researcher of the department for the development of methodologies
for the execution of punishments related to imprisonment and the study of penitentiary crime NIC-
3 of the Federal State Institution of Scientic Research Institute of the Federal Penitentiary Service
of Russia.125130, Moscow, Narvskayast. 15a (building 1). ORCID ID: https://orcid.org/0000-0001-
8793-0574
411
CUESTIONES POLÍTICAS
Vol. 40 Nº 74 (2022): 410-424
Medidas para combatir el narcotráco en Rusia y
Alemania
Resumen
El objetivo de esta investigación fue desarrollar una propuesta teórica
coherente para contrarrestar el tráco de drogas en Rusia y Alemania.
La base metodológica de la investigación es el enfoque dialéctico y de
cosmovisión. Este último determinó la aplicación de los principios generales
de la cognición para estudiar la situación actual del abuso de drogas en
Rusia y Alemania. Entre los resultados destaca el hecho que, las formas de
trabajo preventivo previamente probadas requieren una reestructuración y
ajuste cuidadosos en el ejemplo de la implementación de la Estrategia de la
Política Estatal Antidrogas de la Federación Rusa hasta 2030, lo que implica
la participación de varios actores en la organización del trabajo preventivo.
Además, los resultados cientícos de la investigación incluyen un análisis
crítico de la legislación sobre narcotráco, las tendencias en la situación
de las drogas y el estudio criminológico de las personas involucradas en el
narcotráco. En conclusión, los autores proporcionaron una formulación
legal de ciertas áreas de lucha contra el narcotráco en la Federación Rusa
y Alemania.
Palabras clave: prevención del consumo de drogas; tráco de
estupefacientes; sustancias psicotrópicas; tráco ilícito;
legislación comparada.
Introduction
The current drug situation should be understood as the situation in the
eld of drug tracking, as well as countering illegal tracking, preventing
non-medical drug use, treatment and medical and social rehabilitation of
drug addicts. The dynamically changing situation of the growing availability
of drug use creates new challenges for scientists and practitioners of
preventive work.
The total number of ocially registered drug addicts is, according
to statistics, about 600 thousand people. This gure has not changed
signicantly over the past ve years. According to sociological surveys,
about seven and a half million people use drugs. Illicit tracking in
synthetic drugs and new psychoactive substances is on the rise.
The number of people using drugs worldwide will increase by 11% by
2030. From 2010 to 2019, the number of people using drugs increased
by 22%, partly due to global population growth, and last year stood at
approximately 275 million people. Last year, about 5.5% of the population
aged 15 to 64 took drugs at least once.
412
Vladimir Golubovsky, Mikhail Kostyuk y Elena Kunts
Measures for countering drug tracking in Russia and Germany
Preventive anti-drug measures should be adjusted, and researchers
should develop a complex systematic approach to transforming the forms
and methods of drug use prevention. To introduce the best innovative
practices in this eld, experts should propose a new algorithm for
interdepartmental interaction of all ocial bodies and change the current
criminal legislation.
The measures aimed at countering drug addiction are part of the
preventive programs that are introduced without prior analysis of their
impact on the psyche, values, and mentality of the Russian youth. As a
result, young people lose their virtues and become tolerant to drug use.
Imitation substitutes real preventive measures, and the formal indicators
of the growing number and range of preventive measures replace the real
eectiveness of their implementation.
The specicity of the German criminal law is that the criminal law
establishing liability for illegal drug tracking is not contained in the
Special Part of the Criminal Code of the Federal Republic of Germany.
Instead, it is contained in the federal law on drug tracking as of 28 July
1981 as amended by the publication as of 01 March 1994, which refers to the
so-called additional criminal law, implying a number of novels.
Considering the critical importance and global nature of this problem,
Russia similarly to Germany, has been part of the international system
of combating illicit drug tracking for a long time. The importance of
conducting this study stems from the fact that the counteraction to drug
abuse is in the center of attention not only of scientists, but also of the public,
and the recent publications note that this area requires further research.
Accounting for the German experience will help develop and implement
an anti-drug policy more competently and eectively, taking into account
national, socio-cultural, economic-geographical and other features.
1. Literature review
Many international researchers (Kamradt-Scott and McInnes,
2012; Legleye et al., 2014; Linklater, 2011; MacNicol, 2017) have been
exploring the problem of drug tracking. MacNicol (2017) focused on the
neurobiological mechanisms underlying psychoactive substance abuse
and dependence, with particular emphasis on mechanisms that promote
continued use and repeated oence. Ahmed et al., (2020) examined non-
drug determinants of drug use and dependence. Golubovskiy et al., (2021)
studied the issues of international cooperation of countries aimed at the
prevention of drug tracking. Kleimenov (2021) examined various social
and legal issues determined by future threats, including those associated
413
CUESTIONES POLÍTICAS
Vol. 40 Nº 74 (2022): 410-424
with economic crime and drug situation.
In Russian science, leading legal scholars Luneev (1999) and Kleimenov
(2005) analyzed various aspects of counteraction to illicit tracking in
narcotic drugs and psychotropic substances, including criminal policy and
counteraction improvement. Modern legal scholars Golubovsky (2019),
Zhbankov et al., (2016) investigated the link between drug addiction and
organized crime.
Russian scientists Kunts and Golubovskiy (2015, 2017) considered the
modern drug situation abroad from the perspective of interethnic and
religious relations. In her dissertation, Shchurova (2017) investigated
illicit tracking in narcotic drugs and their analogues using computer
technologies (the Internet). The interdisciplinary aspect of this problem
was studied by Golubovskiy and Kunts (2019), Burlakov and Matveeva
(2017), Antonov et al., (2017).
Given that this problem is transnational, we would like to mention some
recent publications by Weinstein (2017), Sutherland et al., (2017), Tam et
al., (2018), Vaz Ferreira and Costa Morosini (2013), Chevtaeva et al., (2017)
Chevtaeva et al., (2018).
All over the world, the number of drug addicts will increase by 11% by
2030. From 2010 to 2019, the number of drug addicts increased by 22%,
partially due to global population growth, and estimated approximately
275 million in 2020. About 5.5% of the total population, aged 15 to 64,
took drugs at least once. An estimated 36.3 million of people (13.3% of all
drug users) suer from drug use diseases and disorders. Opioids are still
responsible for most of these diseases.
At the same time, dynamic changes in the social environment and illicit
drug tracking lead to an increasing discrepancy between criminal reality
and the reactions to it from society and the state, which is conrmed by the
lack of special studies on this problem.
2. Materials and methods
The methodological basis of the research includes the dialectical
approach, a set of general scientic methods of cognition, and specic
sociological methods of studying social phenomena and processes. We
used the method of statistical analysis to examine the state, structure, and
dynamics of illicit tracking in narcotic drugs and psychotropic substances
and to identify its development trends. We applied the historical method
to establish patterns of response to drug tracking over dierent periods.
414
Vladimir Golubovsky, Mikhail Kostyuk y Elena Kunts
Measures for countering drug tracking in Russia and Germany
The methods of systemic, structural, and comparative legal analysis
allowed us to identify gaps in the legislation on combating illicit drug
tracking and to determine the directions of its improvement. We used
specic sociological methods such as studying documents (criminal cases,
sentences, and reports) to explore empirical material and to identify the
shortcomings of preventive measures. The wide variety and great range
of the methods used allowed us to conduct interdisciplinary research,
which helped us overcome the conventions of each particular method and
its limitations. This approach to research methodology ensured the most
ecient achievement of the research goal.
3. Results
Having carried out the study, we established that the number of drug
addicts has been decreasing over the last few years. The number of registered
and newly diagnosed persons increased in 2005-2008. However, there
was a decrease after 2008, which accelerated after 2015. At the same time,
according to the federal statistical data, the number of patients with mental
disorders connected with drug use registered by the addiction treatment
service decreased by 25% since 2010. In 2020, this gure amounted to
505,600 people, or 344.5 per 100,000 people.4At the beginning of 2020,
the number of people who used drugs by injection decreased by 31.8% and
estimated 229,900 people.
The number of patients with opium addiction is also decreasing
(192,400 people at the beginning 2020 compared to 223,700 a year before).
In contrast, the number of people with addiction to new psychoactive
substances, mainly synthetic drugs, is growing (63,400 people at the
beginning of 2020 compared to 48,900 people at the beginning of 2016 and
26,400 people at the beginning of 2011). The number of people dying from
drug abuse is also gradually decreasing (4,100 people in 2020;4,200 people
in 2019;4,500 people in 2018;4,800 people in 2017, and 3,750 people in
2011).5
Experts have given a general description of drug users in Russia. A sharp
increase in the use of narcotic drugs began after 1991, with the opening of
borders, the development of the Northern Route of drug tracking, and an
increase in the production and procurement of narcotic drugs in the CIS
countries. The most signicant growth occurred after 2000, when Russians
got access to drugs sold on the world market due to an increase in their
4 Statistics of drug addiction in Russia for 2020-2021. (2021). Retrieved from https://narcorehab.com/
articles/statistika-narkomanii-v-rossii-2020-2021/#2 Consultation date: December 26, 2021).
5 Report of the State Anti-Drug Committee of the Russian Federation “On the drug situation in the
Russian Federation in 2019”. Moscow: StateAnti-DrugCommittee, 2020.
415
CUESTIONES POLÍTICAS
Vol. 40 Nº 74 (2022): 410-424
income. Out of 144.5 million Russians, 13 million people (9%) occasionally
take these substances and 5 million people (3.5%) – systematically.
Considering the age structure of drug addicts, about 20% of them are
young people under 14 years old, 60% – 16-24 years old, and 20% are 25
years old and older. People are most likely to try drugs for the rst time at
the age of 15-17 (about 50%). Of those who died from drug poisoning, 30%
were 18-24 years old, 25% were 25-29 years old, and 45% were 30-49 years
old. The average lifespan of drug addicts is 15-20 years after the moment
they started taking drugs, which is due to the harm to the body, its vital
functions, and the risks of death from an overdose. Overdose is the main
cause of death for drug addicts. A large number of HIV-positive people
(about 60% in Russia) are addicts who inject drugs.
The increasing use of synthetic drugs has become a pressing issue over
the last few years. These types of drugs tend to be more addictive than weak
herbal drugs. Their price is lower than that of the weak drugs of the opium
group, hashish, or cocaine. However, their eect is much stronger, as well
as the damage to health for those who take such drugs.
As far as the criminal policy is concerned, experts note that a larger
volume of criminal cases are considered by the courts under Article 228
of the Criminal Code of the Russian Federation compared to Article 228 of
the Criminal Code of the Russian Federation. The courts tend to give more
lenient sentences under Article 228 of the Criminal Code of the Russian
Federation (only 22.3% receive real imprisonment, and this percentage has
decreased since 2016), and more severe punishment under Article 228 of
the Criminal Code of the Russian Federation (91.8% of convicts receive a
real jail time).
Table 1. Consideration by courts of criminal cases related to drug tracking
(Articles 228 and 2281 of the Criminal Code of the Russian Federation),
thousand people
Articles of
the Criminal
Code of the
Russian
Federation
Convicted Justied Imprisonment Probation Other
punishments
2016
Art. 228 of
the CC of the
RF 79.6 0.0 23.7 34.0 21.8
Art. 228.1 of
the CC of the
RF 21.3 0.0 19.5 1.8 0.1
416 Vladimir Golubovsky, Mikhail Kostyuk y Elena Kunts
Measures for countering drug tracking in Russia and Germany
2020
Art. 228 of
the CC of the
RF 53.0 0.0 11.8 22.3 18.9
Art. 228.1 of
the CC of the
RF 14.0 0.0 12.8 1.1 0.0
Source: Judicial statistics data (Judicial Department at The Supreme Court Of The
Russian Federation, 2022).
In the rst half of 2021, 37,375 people were sentenced to imprisonment
for committing crimes under Art. 228-2341 of the Criminal Code of the
Russian Federation.
The approach to planning, organizing, and conducting preventive
anti-drug activities is often formal. This leads to disregard of ocial
propaganda and unwillingness of young people to participate in the anti-
drug activities conducted. In addition, various organizations demonstrate
poor coordination of preventive activities. They cannot set the common
criteria for eective anti-drug measures or actively and consistently apply
best practices when organizing preventive work.
Considering their public danger, crimes related to illicit tracking of
drugs and psychotropic substances are much more serious than the gravest
crimes. For example, terrorist acts cause harm once, whereas the illegal use
of narcotic drugs and psychotropic substances harms the life and health of
not only those their consumers, but also entails negative consequences for
their children, that is, creates a threat to national security.
Anti-drug policy in Germany is comprehensive. It includes prevention,
counselling, treatment, harm reduction and measures aimed at reducing the
supply of narcotic drugs. Prevention activities target the school environment,
including innovative drug prevention projects in the form of Internet
consultations, telephone consultations, and projects that specically target
ethnic minorities. According to the German law, unauthorized possession
of drugs is a criminal oence. However, if drug use is not related to sale,
is not burdened with aggravating circumstances, then instead of initiating
criminal prosecution and sentencing the person involved to imprisonment,
preference is given to measures related to administrative, medical and
social impact.
The court may not impose a sentence of imprisonment if the perpetrators
keep drugs in small quantities only for personal consumption; or the
execution of the punishment may be postponed for the guilty person for up
to 2 years, if the crime committed is punishable by deprivation of liberty for
417
CUESTIONES POLÍTICAS
Vol. 40 Nº 74 (2022): 410-424
up to 2 years. Such a rule applies only on the condition that the expected
term of imprisonment for the crime committed does not exceed two years.
Also, in the German legislation in the 1990-2000s, additions were made
that relate to the ght against the “laundering” of funds that were obtained
because of drug crimes. The so-called “light proof rule” was introduced,
which expanded the possibilities for law enforcement to conscate property
that was obtained by criminal means.
Discussion
Having studied the materials of current judicial practice on criminal
cases related to illicit tracking of narcotic drugs and psychotropic
substances, we established that Russian criminal legislation contains a
number of crimes with criminal liability provided. Consequently, the very
characteristics of drug oenders may vary depending on a particular crime.
However, the crimes themselves have common features. Therefore, people
who commit such crimes must have some common features.
For instance, about 91% of drug oenders are men. It is also known that
in a group of persons that committed a crime related to drug tracking by
prior conspiracy, 86% are men and 14% are women; as part of an organized
group: 86% are men and 14% are women; as part of criminal gangs: 83%
are men and 17% –women. Having analyzed criminals’ age, we established
that minors make up 2% of the total number of drug oenders. At the same
time, the age of most people ranges from 18 to 29 (42%). The statistics for
older persons are as follows: 30–34 years old make up 20%; 35–39 years
old – 16%; and 40 years and older – 20%. We also grouped these people
based on their citizenship. The citizens of the Russian Federation commit
96.8% of drug-related crimes. As for the level of education, 9.8% of people
convicted of drug crimes have higher professional education, 36.8% –
secondary vocational education, 37.5% – secondary general, and 15.9% –
basic general, primary, or no education. In illicit drug tracking, women
are more likely to commit crimes in a group.
As for the age of drug oenders, it correlates with the statistics on the
number of people who take drugs. Most drug users are young people. In
addition, most people committing crimes related to drug tracking have
secondary education.
The age structure of drug oenders varies depending on the crime they
committed. Drug tracking crimes involving the use of the Internet are
committed mainly by persons aged from 18 to 30 (80%). As for the age and
gender structure of the Internet users in Russia, according to research data,
in 2016, there were slightly more male Internet users than female ones:
according to various research companies, males make up about 51% of the
total number of Internet users.
418 Vladimir Golubovsky, Mikhail Kostyuk y Elena Kunts
Measures for countering drug tracking in Russia and Germany
According to statistics, drug oenders using the Internet are of the same
age as the average Internet user. This may be because at this age young
people do not have their own family and have more free time to regularly
use the Internet. The larger share of males can be explained by the fact that,
in general, there are more males among drug oenders than females. As
for their educational level, the majority of drug oenders (including those
who use the Internet to commit drug crimes) have secondary or specialized
secondary education.
The features of a drug oender may vary depending on their function
in drug tracking. For instance, according to the function performed, we
can identify the following categories: 1) organizers and leaders of criminal
groups and criminal communities; 2) drug sellers; 3) producers and
manufacturers; 4) drug thieves; 5) drug runners; 6) organizers and keepers
of drug-involved premises; 7) drug users.
Most drug addicts are males, although the number of female drug addicts
is also increasing. As practice shows, neglected children and troubled
adolescents tend to become drug addicts. Children from disadvantaged
families are also susceptible to the negative inuence of the environment:
they are left to their own devices, live in an unfavorable environment, which
negatively aects the formation of their personality. In addition, drug
addicts are often those living in poverty, unemployed, or those who suered
from a mental trauma or overprotection in their families.
The main features of a drug addict are selshness, weak will, negative
attitude towards their relatives and people around, deceitfulness, and
secrecy. The systematic use of drugs contributes to the formation of
reasonless aggression, anger, anxiety, and various fears. Drug addicts
seldom have a permanent job, and they often suer from such chronic
diseases as hepatitis or HIV infection. These people often commit thefts,
robberies, and other crimes in order to get money for drugs. If one commits
a crime while intoxicated, the court may consider this as an aggravating
circumstance.
Therefore, drug oenders have both common features typical of this
category and specic characteristics of a particular type of a drug oender.
For instance, approximately 85-90% of all drug oenders are men. At the
same time, in drug tracking, women are more likely to commit crimes
in a group. The age of drug oenders correlates with the statistics on
the number of drug addicts. What is more, the overwhelming number of
persons committing crimes related to drug tracking have secondary or
secondary vocational education.
Considering specic features, we should focus on the function a person
performs in drug tracking. For example, the leaders of organized drug
tracking groups have the same traits as other criminal leaders.
419
CUESTIONES POLÍTICAS
Vol. 40 Nº 74 (2022): 410-424
Having analyzed the features of drug manufacturers and producers,
we concluded that the latter are more professional due to their profound
knowledge of chemistry. This requires higher education in this eld. At the
same time, this knowledge is helpful not only for drug manufacture, but
also for the arrangement of the laboratories.
We share the position of Eliseeva (2019) that the practice of criminal
prosecution under Article 2281 of the Criminal Code of the Russian
Federation of those stashing drugs should be revised, since it does not ensure
ecient counteraction to drug crimes. It punishes people representing
the lowest level of organized criminal communities, whose guilt is much
smaller than that of wholesale dealers and drug lords. At the same time,
criminal liability begins from the age of 16, which is quite early. Obviously,
considering this fact, it is necessary to change the criminal policy regarding
the lowest level of such crimes, especially involving minors, and to apply
suspended sentences.
In addition, it is possible to apply Part 1 of Article 64 of the Criminal
Code of the Russian Federation, which states that “if a member of a crime
group actively participates in solving this crime, the punishment may be
below the lowest limit provided for by the relevant article of the Special
Part of this Code, or the court may impose a milder type of punishment
than provided for by this article.” This also should refer to Paragraph i) of
Part 1 of Article 61 of the Criminal Code of the Russian Federation (“actively
contributing to solving and investigating a crime and assisting in nding
and prosecuting other accomplices in the crime). In other words, if during
the investigation the person who worked for a drug dealer and stashed
drugs, assists in nding the drug dealer, their contacts, or other concealed
information, the count should apply the most mitigating circumstances to
them.
This will both contribute to the spread of drugs and increase the risks
for drug dealers in involving young people, including minors, in this
criminal business. That is, justice should not aim to punish harshly those
who committed their rst crime, stashing drugs and working at the lowest
level of the criminal network. These people, hoping for a mitigation of
punishment, will be interested in helping to identify, arrest, and persecute
their employers.
Eective preventive measures imply working with people who do not use
drugs yet. This implies eective interaction between government agencies
and public associations in the eld of countering drug abuse, which will help
reduce the number of prospective drug addicts. In addition, it is necessary
to nd gaps in interdepartmental interaction and communication with
public associations, as well as to identify and disseminate innovative forms
of preventive anti-drug measures among the public.
420
Vladimir Golubovsky, Mikhail Kostyuk y Elena Kunts
Measures for countering drug tracking in Russia and Germany
In the process of analyzing German legislation, it was found that the list
of acts related to illegal drug tracking, which are recognized as criminal,
has been expanded. Despite the proposals of German jurists and the points
of view actively discussed in the media on the need to decriminalize the
consumption of so-called “soft” drugs (for example, cannabis), this position
was not supported by the German legislator.
The penitentiary authorities were given the opportunity, with the
consent of the court, instead of executing a sentence of imprisonment for a
term of not more than two years in cases related to the conviction of drug
addicts, to rehabilitate such a person by placing him in a special medical
and therapeutic institution (Art. 35, 36 of the Law).
In the case of a conviction of a person with drug addiction, if it is only
in connection with this addiction that he has committed a criminal act and
if a sentence of imprisonment for a term of not more than two years can be
imposed for its commission, the prosecution authorities, with the consent
of the relevant court, may generally refuse to maintain state prosecution.
This is possible only if the circumstances of the case indicate that it is
more expedient for the accused, taking into account his drug addiction, to
appoint a stay in a special medical and therapeutic institution. In practice,
the application of these legislative requirements often encounters certain
diculties. The problem lies, rst, in the fact that in the German penitentiary
system there are not enough special medical and therapeutic institutions to
accommodate people suering from drug addiction and having committed
criminal acts in connection with this. This leads to the fact that persons
wishing to undergo such treatment are often not placed in such institutions
in a timely manner or cannot be placed there at all due to the lack of a
sucient number of such institutions.
Conclusion
Having examined the complex nature of the problem of illicit tracking
in narcotic drugs and psychotropic substances and the resulting need for a
comprehensive systematic response to it, we drew some conclusions that
have theoretical and practical signicance.
In Russia, drug tracking began to increase in the 1990s with the
opening of the external market and borders, after the collapse of the USSR
and the worsening crime situation, which included the production of
narcotic drugs in the CIS countries and intensied drug trade.
To improve the situation, researchers and bodies responsible for anti-
drug measures should systematically transform the forms and methods of
drug use prevention.
421
CUESTIONES POLÍTICAS
Vol. 40 Nº 74 (2022): 410-424
The main development directions of the criminal policy regarding
the counteraction to illicit drug tracking should include changing the
sentencing practice. This implies giving milder punishment including
suspended sentences, if there was no repeated oence under Article 2281
of the Criminal Code of the Russian Federation to persons detained while
stashing drugs and who do not own these drugs, but only help to sell them.
This should be done if they help to investigate and solve a group crime,
as well as to arrest a drug dealer or the leader of a criminal organization.
In addition, police investigators should be able to use open information
published by criminals more actively.
The German law on the circulation of narcotic drugs denes the
elements of criminal acts related to the illegal circulation of narcotic drugs
in Germany. The law establishes a wide range of criminal oenses related
to drug tracking. A feature of the application of this Law is, rst, that
actions related to the illegal possession of narcotic drugs de facto often do
not entail the imposition of punishment. This can be explained by the fact
that the German legislator has established wide limits of judicial discretion
in imposing punishment for criminal acts related to drug tracking. These
legislative provisions make it possible to prosecute not those persons who
store narcotic drugs in small amounts for their own consumption, but
members of organized criminal groups involved in the drug business. This
approach is contrary to Russian experience.
The research results, conclusions, and proposals expand the theory
of criminology and criminal law. They can act as the methodological and
theoretical basis for further research of the drug situation, improving
the counteraction to it, both in Russia, and in Germany. The practical
signicance of the study includes the possibility of using its results for law
making and law enforcement.
Bibliographic References
AHMED, Serge; BADIANI, Aldo; MICZEK, Klaus; MÜLLER, Christian. 2020.
“Non-pharmacological factors that determine drug use and addiction”
In: Neuroscience & Biobehavioral Reviews. Vol. 110, pp. 3-27.
ANTONOV, Anton; AGILDIN, Vladimir; VITOVSKAYA, Evgenya. 2017. “On
the public danger of crimes concerning illicit tracking in narcotic
drugs, psychotropic substances, and their analogues” In: All-Russian
Criminological Journal. Vol. 1, No. 1, pp. 154-161.
BURLAKOV, Vadimir; MATVEEVA, Yana. 2017. “New norms on alternatives
to criminal liability and punishment in the criminal law of Russia for
economic criminals and drug addicts” In: All-Russian Criminological
Journal. Vol. 1, No. 1, pp. 132-145.
422
Vladimir Golubovsky, Mikhail Kostyuk y Elena Kunts
Measures for countering drug tracking in Russia and Germany
CHEVTAEVA, Natalia; KACHANOVA, Elena; MAKHOVA, Natalia. 2017.
“State anti-drug health policy in Russia (on the example of the Khanty-
Mansiysk Autonomous District of the Russian Federation)” In: CBU
International Conference Proceedings 2017: Innovations in Science
and Education. Available online. In: https://ojs.journals.cz/index.php/
CBUIC/article/view/1210. Consultation date: 03/03/2021.
CHEVTAEVA, Natalia; KACHANOVA, Elena; NIKITNA, Alena. 2018. “Soft”
and “tough” strategies of social control drug use” In: Sociological Studies.
Vol. 415, No. 11, pp. 152-156.
ELISEEVA, Oksana. 2019. “Responsibility for drug tracking” In: E-Scio. Vol.
10, No. 37, pp. 10-16. Available online. In: http://e-scio.ru/?p=8433.
Consultation date: 03/03/2021.
GOLUBOVSKIY, Vladimir; KUNTS, Elena; MUSTAFAYEV, Rashad;
KOSTYUK, Mikhail; MUSAEV, Elbek. 2021. “Collaboration of states
in the prevention of illicit drug tracking” In: Proceedings of the
Seventh International Scientic-Practical Conference “Criminal Law
and Operative Search Activities: Problems of Legislation, Science and
Practice”, pp. 282-286.
GOLUBOVSKY, Vladimir 2019. Criminal drug abuse and organized crime. In:
Combating Organized Crime and Ensuring National Security. Russian
Criminological Association. Moscow, Russia.
GOLUBOVSKY, Vladimir; KUNTZ, Elena. 2019. “How to counteract illicit
tracking in narcotic drugs and psychotropic substances: Theory and
practice” In: Issues of Law. Vol. 2, No. 71, pp. 50-53.
JUDICIAL DEPARTMENT AT THE SUPREME COURT OF THE RUSSIAN
FEDERATION. 2022. Judicial Statistics Data. Available online. In:
http://www.cdep.ru/index.php?id=79&item=5895. Consultation date:
30/01/2022.
KAMRADT-SCOTT, Adam; MCINNES, Colin. 2012. “The securitisation of
pandemic inuenza: Framing, security and public policy” In: Global
Public Health. Vol. 7, No. S2, pp. 95-110.
KLEIMENOV, Mikhail. 2005. Issues of drug addiction in the assessment of the
population. In: New Criminal Realities and Reaction to Them. Russian
Criminological Association. Moscow, Russia.
KLEIMENOV, Mikhail; SEDELTSEV, Mikhail. 2021. “Legitimacy of the
police” In: Law Enforcement. Vol. 5, No. 3, pp. 34-44. Available online.
In: https://enforcement.omsu.ru/jour/article/download/522/582
Consultation date: 03/03/2021.
423
CUESTIONES POLÍTICAS
Vol. 40 Nº 74 (2022): 410-424
KUNTS, elena; GOLUBOVSKIY, Vladimir. 2015. “The legal nature of ethnic and
religious conicts” In: Indian Journal of Science and Technology. Vol. 8,
No. 10, pp. 1-7.
KUNTS, Elena; GOLUBOVSKIY, Vladimir. 2017. “Legal defense of interethnic
and religious relationships: Russian and international experience” In:
Journal of Advanced Research in Law and Economics. Vol. 8, No. 3, pp.
871-877.
LEGLEYE, Stephane; PIONTEK, Daniela; PAMPEL, Fred; GOFFETTE, Celine;
KHLAT, Myriam; KRAUS, Ludwig. 2014. “Is there a cannabis epidemic
model? Evidence from France, Germany and USA” In: International
Journal of Drug Policy. Vol. 25, No. 6, pp. 1103-1112.
LINKLATER, Anthony. 2011. The Problem of Harm in World Politics:
Theoretical Investigations. Cambridge University Press. Cambridge, UK.
LUNEEV, Victor. 1997. Crime of the 20th Century. World, Regional and Russian
Trends. NORMA Publishing house. Moscow, Russia.
MACNICOL, Brent. 2017. “The biology of addiction” In: Canadian Journal of
Anesthesia. Vol. 64, No. 2, pp. 141-148.
MINISTRY OF INTERNAL AFFAIRS OF THE RUSSIAN FEDERATION. 2021.
The Situation with Crime (Statistics). Available online. In: https://xn--
b1aew.xn--p1ai/reports/. Consultation date: 03/03/2021.
SHCHUROVA, Anna. 2017. Illicit tracking in narcotic drugs and their
analogues using computer technologies (the Internet): Criminal law and
criminological research. Dissertation of Candidate of Legal Sciences. St.
Petersburg State University. St. Petersburg, Russia.
STATE ANTI-DRUG COMMITTEE OF THE RUSSIAN FEDERATION. 2020.
On the drug situation in The Russian Federation in 2019. State Anti-
Drug Committee. Moscow, Russia.
SUTHERLAND, Rachel; BRUNO, Raimondo; PEACOCK, Amy; LENTON,
Simon; MATTHEWS, Allison; SALOM, Caroline; BARRATT, Monica.
2017. “Motivations for new psychoactive substance use among regular
psycho stimulant users in Australia” In: International Journal of Drug
Policy. Vol. 43, pp. 23-32. Available online. In: https://pubmed.ncbi.
nlm.nih.gov/28161577/. Consultation date: 03/03/2021.
TAM, Cheuk Chi; BENOTSCH, Eric; WANG, Xiaolei; LIN,
Danhua; DU, Hongfei; CHI, Peilian. 2018. “Non-medical
use of prescription drugs and cultural orientation among
college students in China” In: Drug Alcohol Dependence. Vol. 1, No. 192,
pp. 271-276.
424
Vladimir Golubovsky, Mikhail Kostyuk y Elena Kunts
Measures for countering drug tracking in Russia and Germany
VAZ FERREIRA, Luciano; COSTA MOROSINI, Fabio. 2013. “The
implementation of international anti-corruption law in business: Legal
control of corruption directed to transnational corporations” In: Austral:
Brazilian Journal of Strategy & International Relations. Vol. 2, No. 3, pp.
246-247.
WEINSTEIN, Aviv; ROSCA, Paola; FATTORE, Liana; LONDON, Edythe. 2017.
“Synthetic cathinone and cannabinoid designer drugs pose a major
risk for public health” In: Frontiers in Psychiatry. Vol. 8, pp. 156–167.
Available online. In: https://www.frontiersin.org/articles/10.3389/
fpsyt.2017.00156/full. Consultation date: 28/10/2021.
ZDRAVNICA. 2021. Statistics of Drug Addiction in Russia 2020-2021. Available
online. In: https://narcorehab.com/articles/statistika-narkomanii-v-
rossii-2020-2021/#2 Consultation date: 28/10/2021.
ZHBANKOV, Victor; TABAKOV, Alexandrov; AVDONIN, Vladimir. 2016.
Professionalization of organized drug-related criminal activity. Crime,
Criminal Policy, and Law. Russian Criminological Association, Moscow,
Russia.
www.luz.edu.ve
www.serbi.luz.edu.ve
www.produccioncienticaluz.org
Esta revista fue editada en formato digital y publicada
en octubre de 2022, por el Fondo Editorial Serbiluz,
Universidad del Zulia. Maracaibo-Venezuela
Vol.40 Nº 74
