Supreme Court of Appeals 1. The Supreme Court of Appeals, referring to the Constitutional Court’s (AYM) decision in its judicial practice review, instructed the courts not to punish the drivers who got behind the wheel in case of “drug intoxication” – after taking them. drugs that affect sobriety and can adversely affect driving. This was reported on the eve of the “Rossiyskaya Gazeta”.
The instruction will be in effect temporarily, no changes have been made to the law.
“The Constitutional Court of the Russian Federation has decided that until the necessary changes are made in the legislation, the driving of a person who uses drugs that do not contain ethyl alcohol, narcotic drugs and psychotropic substances cannot be a basis for penal clause. Responsibility under article”.
Also, now valid The decision of the Ministry of Interior, which does not allow to prosecute drivers whose urine and blood do not detect alcohol, drugs and psychotropic drugs, but have traces of other drugs.
The penalty for alcohol or drug poisoning is determined in Art. 12.8 of the Administrative Offenses Law. According to the article, the driver faces a fine of 30 thousand rubles and disenfranchisement for one and a half to two years for driving while intoxicated. Punishment may be imposed if ethyl alcohol concentration of more than 0.16 milligrams per liter of exhaled air or 0.3 grams per liter of blood is detected, or if drugs or psychotropic drugs are found in the body.
Roots of the problem
Rossiyskaya Gazeta writes that they decided to clarify the workings of the law a few years ago after the incident in which Vasily Sh. of Salekhard was stuck in his car on the pavement on the night of August 2021. Passers-by offered to help him, but Vasily refused. His behavior seemed strange to them, and the witnesses called the traffic police. Employees did a medical examination and found drugs in the driver’s blood: gabapentin (an anticonvulsant used to treat epilepsy and relieve neuropathic pain), nimesulide (non-steroidal anti-inflammatory drug). They are not narcotic drugs, but they can affect a person’s mind and behavior.
The district court considered that drugs contained in the driver’s blood entered the “gray zone” – their use is not prohibited in Russia, but adversely affects driving. The judge stopped the proceedings and made a request to the Constitutional Court.
Constitutional Court 24 November 2022 decidedo Art. 12.8 of the Code of Administrative Offenses of the Russian Federation contains a loophole preventing prosecution for drunk driving and ordered legislators to fill this loophole.
The joint press service of the judicial system of the Kursk region told RG that a 39-year-old person who recently lived in the Timsky district was deprived of his rights for a year and a half after phenobarbital was detected in his blood. The drug is included by the government in the list of narcotic drugs, psychotropic substances and their precursors. It is worth noting that phenobarbital (belonging to the barbiturate group) is the active ingredient of the popular Corvalol and Valocordin.
It was noted that the 39-year-old man did not accept the accusations, explaining that he took the drug because he did not feel well.
Eliminate the gap
The exemption for drivers who use drugs will not last long. A draft amendment to the Code of Administrative Offenses has already been developed and even passed public debate, according to which it is recommended that even those who have used drugs that do not contain drugs, but which cause intoxication, should be considered drunk. It has passed public discussions and is approved by the government. 12.8 of the Administrative Offenses Law. It is suggested to add the statement in the note to the article:
“The use of alcoholic or narcotic intoxicants, psychotropic substances or the like, or new potentially dangerous psychoactive substances, other intoxicating substances is prohibited.”
However, it is not specified who and how to compose a list of drugs that affect driving. It is not clear which drugs will make it to the list.
Source: Gazeta
Anika Rood is an author at “Social Bites”. She is an automobile enthusiast who writes about the latest developments and news in the automobile industry. With a deep understanding of the latest technologies and a passion for writing, Anika provides insightful and engaging articles that keep her readers informed and up-to-date on the latest happenings in the world of automobiles.