Проблемы квалификации преступлений, предусмотренных ст. 230.1 и 230.2 Уголовного кодекса Российской Федерации

Abstract

The relevance of the topic is evidenced by the fact that since introduction of criminal liability for inducing an athlete in the Criminal Code of the Russian Federation in 2016 as well as the usage of doping against an athlete, only one person has been convicted for inducing underage athletes to use prohibited substances (p. «b» part 2 of article 2301). At the same time the problem of doping in sports is still very much discussed not only in our country, but all over the world. The subject of the research is the international and Russian anti-doping legislation, the norms of Art. 2301, 2302 of the Criminal Code of the Russian Federation, doctrinal provisions on the topic of this work. The purpose of this work is to analyze Art. 2301 and 2302 of the Criminal Code of the Russian Federation, identifying qualification problems and formulating possible measures to combat doping in sports. The methodological basis of this study is the basic provisions of the dialectical method of cognition, general scientific and private scientific methods, such as comparative legal, concrete sociological, formal logical, systemic and historical. In the course of the work, an empirical study was carried out in the form of a questionnaire. As a result of the study, it was found that the lack of a systematic approach and the disagreements in the scientific community on certain points related to the signs of the offenses under Art. 2301, 2302 of the Criminal Code of the Russian Federation is one of the reasons that may affect the detection, investigation and disclosure of crimes related to the use of doping in sports.