Abstract
The analysis of the clauses of Art. 238.1 of the Criminal Code of the Russian Federation, which determines criminal liability for trade in counterfeit medications, medical devices and biologically active substances, revealed certain drawbacks hindering its interpretation and enforcement: from its cumbersome and difficult-to-perceive construct to its incomplete coordination with the clauses of normative legal acts regulating trade in the respective products, and also showed some gaps. In the process of research, the author studied the legislative clauses regulating trade in medications, medical devices, biologically active substances, analyzed the contents of some terms that are important for specifying both the object of criminal infringements (specifically, “medications”, “medical devices”, “biologically active substances”, “counterfeit medications, medical devices, biologically active substances”), and the unlawful actions that constitute the trade in the abovementioned counterfeit products. As a result, the author proved the necessity of further improvement of the clauses of Art. 238.1 of the Criminal Code of the Russian Federation and suggesed some directions for this improvement.
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