The Ministry of Internal Affairs has developed a bill to punish drivers for taking drugs
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Draft amendments to the article of the Code of Administrative Offenses, allowing to fine 30 thousand rubles and deprive the rights of drivers who have substances in their bodies that are “part of drugs”, but not related to drugs, psychotropic substances or ethyl alcohol (12.8), published by the Ministry of Internal Affairs of the Russian Federation .
At the end of November, the Constitutional Court of the Russian Federation banned Russian courts from punishing drivers if, during a medical examination, they found traces of medicinal substances that are not psychotropic or narcotic (including phenazepam, phenibut and a number of antidepressants). Prior to this, conflicting judicial practice had developed in the regions, when drivers were deprived of their rights even for the meager content of such substances in the body.
The Constitutional Court ordered legislators to “immediately” amend the Code of Administrative Offenses, as well as develop a mechanism for punishing drivers who abuse drugs that cause the effect of intoxication and intoxication.
In turn, the traffic police sent instructions to the regions not to send materials to the courts regarding such car owners until the amendments are adopted.
A few days later, the LDPR submitted amendments to the State Duma, which proposed that Art. 12.8 of the Code of Administrative Offenses referred to a separate list of drugs, the use of which while driving would be prohibited regardless of the concentration in the body.
The list of such drugs should be established by the Ministry of Health.
The Ministry of Internal Affairs, according to the explanatory note to its amendments, proposes to change the order of the Ministry of Health No. 933n on the procedure for conducting a medical examination, prescribing in it the features of testing drivers for the presence of drugs.
Other details of the proposed amendments are not yet known.
Public discussion of the bill will be held until December 29.
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