The police do not initiate legal proceedings against drivers whose bodies contain traces of drugs that are not related to narcotics or psychotropic drugs. These are drugs such as phenibut, phenazepam and a number of antidepressants.
The directive follows a recent ruling by the Constitutional Court (CC), which barred lower courts from penalizing drivers who drive after taking certain types of drugs. Recall that this decision was made due to the fact that traces of a drug for the treatment of epilepsy were found in the body of one of the drivers, which is neither narcotic nor psychotropic.
The measure is temporary: as soon as the State Duma adopts clarifying amendments to the Code of Administrative Offenses, the ban will be lifted. The letter was signed by the head of the State Traffic Inspectorate, Mikhail Chernikov.
The traffic police spoke about the discrepancies caused by the order of the Ministry of Health No. 933n on the procedure for medical examination. This document states: if a drug is found in the urine or blood of the driver (in the absence of alcohol, drugs or psychotropic substances), then this must be reflected in the inspection report. It does not indicate that the state of intoxication has been established. The inspectors did not understand the meaning of the order and to avoid responsibility, such materials were sent to the courts. And the courts have made different decisions on this.
However, the Constitutional Court recognizes art. 12.8 of the Code of Administrative Offenses is unconstitutional, obliges the State Duma to amend the Code of Administrative Offenses to punish drivers who abuse drugs to obtain an intoxicating effect, but at the same time do not violate the rights of other citizens.
Now the deputies are waiting for the Ministry of Health to draw up a separate list of drugs (in addition to the already existing list of psychotropic drugs), the use of which is prohibited while driving, regardless of the concentration. After that, work on the bill begins.
Source: kommersant.ru
A picture: Depositphotos
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