The police are not pursuing criminal charges against drivers who have traces of substances in their bodies that are not narcotics or psychotropic drugs. These substances include phenibut, phenazepam, and certain antidepressants. The current stance reflects a broader consideration of how many compounds may appear in a person’s system without indicating intoxication at the moment of driving.
This directive follows a recent ruling by the Constitutional Court, which barred lower courts from penalizing drivers who operate vehicles after consuming specific types of medications. The ruling traces back to an instance where traces of a drug used to treat epilepsy were discovered in a driver’s body. That drug did not fall into the narcotics or psychotropic categories, yet it prompted questions about how to interpret and apply penalties in such cases. The emphasis is on distinguishing medical treatment from illegal impairment and ensuring fundamental rights are not violated while maintaining road safety.
The measure is temporary. It will stand until the State Duma adopts clarifying amendments to the Code of Administrative Offenses, at which point the ban may be lifted. The directive was issued in writing and signed by Mikhail Chernikov, the head of the State Traffic Inspectorate, signaling the central authority’s stance during this interim period.
The traffic police highlighted discrepancies stemming from ministry guidance No. 933n, which outlines the procedure for medical examinations. The document states that if a drug is detected in a driver’s urine or blood in the absence of alcohol, narcotics, or psychotropic substances, the finding should be noted in the inspection report. However, it does not declare that intoxication has been established. This ambiguity led inspectors to pass materials to the courts to avoid misinterpretation, and different courts have reached inconsistent decisions as a result. The police have called for clarity to prevent uneven outcomes when similar situations arise.
In a broader legal context, the Constitutional Court ruled that Article 12.8 of the Code of Administrative Offenses is unconstitutional as applied in these scenarios. The court instructed the State Duma to amend the Code so that drivers who use drugs to achieve an intoxicating effect can be punished, yet without infringing the rights of other citizens who require medications for legitimate health reasons. The decision prioritizes safety while preserving fair treatment for patients who rely on prescriptions for their well-being.
At present, deputies await guidance from the health ministry to draft a separate list of prohibited substances. This list would extend beyond the already existing catalog of psychotropic drugs and would prohibit use while driving regardless of concentration. Once this list is established, work on a formal bill can proceed, paving the way for a consistent legal framework. The goal is to reduce ambiguity and harmonize medical realities with road safety obligations, producing clear standards for enforcement and adjudication.
Source: kommersant.ru
A picture: Depositphotos
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