Qualification of objective signs of smuggling of narcotic drugs, psychotropic and potent substances with the use of violence to the person exercising customs or border control

The article reveals the problems of legal regulation and criminal liability for the smuggling of narcotic drugs, psychotropic and potent substances. In addition, this article reflects the gaps in the legal regulation of countering smuggling of controlled substances, the situation with which has developed as a result of the fact that the legislator did not take into account all the rules of legislative and legal engineering in the design of the norm. The author made proposals for fixing specific signs instead of the estimated sign of violence, making the disposition descriptive or supplement Art. 229.1 of the Criminal Code of the Russian Federation note, disclosing the concept of "violence". The author believes that it is wrong to use an evaluative feature in this norm, as this will adversely affect the qualification of the crime of the act and cause a lot of controversial issues in the law enforcement process, including judicial practice. According to the author, these adjustments will help increase the effectiveness of countering this type of crime.

контрабанда, таможенный контроль, пограничный контроль