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Courts will be prohibited from stripping drivers of their “rights” to use drugs

  • December 7, 2022
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More than a dozen State Duma deputies and several senators voted for a draft amendment to art. 12.8 of the Code of Administrative Offenses of the Russian Federation

More than a dozen State Duma deputies and several senators voted for a draft amendment to art. 12.8 of the Code of Administrative Offenses of the Russian Federation – “Management in a state of intoxication.” How the legislators decided to rewrite the “subordinated” standard of the Code, read in the materials of the AvtoVzglyad portal.

The deputies were responding to the recent decision of the Constitutional Court of the Russian Federation at the request of a citizen who was deprived of his “rights” because no narcotic substance or alcohol was found in his blood, but only a drug. The fact is that in the annotation of the drug it was said about the ability to reduce attention. The Court pointed to a gap in art. 12.8 of the Code of Administrative Offenses, which allows local judges to freely interpret the grounds for disenfranchising citizens for drunk driving. To exclude such a possibility, the deputies propose to supplement Article 12.8 with a specific list of narcotics, in the presence of which the driver’s “rights” should be deprived in blood. The authorities for drawing up and approving this list rest with the organs of the Government of the Russian Federation.

– You cannot deprive the “rights” of a driver who increases road safety by using drugs to improve well-being. You can’t put an equal sign between a drunk who drank a bottle of vodka and a normal person who took a sedative. If our amendment passes, the Department of Health will have to draw up an exact list of drugs that should not be used while driving. Both the courts and the drivers themselves will be able to be guided by it and decide whether to take this or that drug before the trip or not, ”Yaroslav Nilov, one of the authors of the bill, head of the Committee on Labor, Social Policy and Veterans Affairs of the State Duma, told the AvtoVzglyad portal.

The deputies were responding to the recent decision of the Constitutional Court of the Russian Federation at the request of a citizen who was deprived of his “rights” because no narcotic substance or alcohol was found in his blood, but only a drug. The fact is that in the annotation of the drug it was said about the ability to reduce attention. The Court pointed to a gap in art. 12.8 of the Code of Administrative Offenses, which allows local judges to freely interpret the grounds for disenfranchising citizens for drunk driving. To exclude such a possibility, the deputies propose to supplement Article 12.8 with a specific list of narcotics, in the presence of which the driver’s “rights” should be deprived in blood. The authorities for drawing up and approving this list rest with the organs of the Government of the Russian Federation.

– You cannot deprive the “rights” of a driver who increases road safety by using drugs to improve well-being. You can’t put an equal sign between a drunk who drank a bottle of vodka and a normal person who took a sedative. If our amendment passes, the Department of Health will have to draw up an exact list of drugs that should not be used while driving. Both the courts and the drivers themselves will be able to be guided by it, decide whether or not to take this or that drug before the trip, – one of the authors of the bill, head of the Committee on Labor, Social Policy and Veterans Affairs from the State Duma Yaroslav Nilov told the AvtoVzglyad portal.

Source: Avto Vzglyad

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