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The head of the traffic police, General Mikhail Chernikov, banned the deprivation of drivers of “rights” for using drugs

  • December 12, 2022
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Thanks to a motorist who came to the Constitutional Court about being deprived of “rights” for taking drugs, traffic cops will stop taking away “rights” from thousands of

Thanks to a motorist who came to the Constitutional Court about being deprived of “rights” for taking drugs, traffic cops will stop taking away “rights” from thousands of his colleagues in need across Russia. At least for a while, according to the AvtoVzglyad portal.

Another letter of explanation, signed by the head of the Russian State Traffic Inspectorate, General Mikhail Chernikov, was sent to the regions. This time it “recommends” field officers not to send to court to deprive the VU of the case of drivers whose blood contains traces of drugs containing certain narcotics and tranquilizers. We are talking about substances such as phenibut, phenazepam, corvalol and others.

Mr Chernikov’s letter was prompted by the November decision of the Constitutional Court of the Russian Federation in the case of a motorist who was deprived of his “rights” based on traces of a drug in his blood. The Court of First Instance considered: since the instruction manual states that it may hinder attention, it means that the driver is prohibited from using it. The Constitutional Court ruled that Article 12.8 of the Code of Administrative Offenses, which penalizes drunk driving, contains a loophole that allows courts to freely interpret the law and deprive drivers of the “right” to use drugs. In this regard, the highest court demanded that the State Duma remove the ambiguity in the Code. Last week, as reported by the AvtoVzglyad portal, a group of deputies prepared a relevant bill and sent it to the government for review.

According to this document, art. 12.8 of the Code of Administrative Offenses is supplemented by a standard referring to a specific list of drugs prohibited for use. This list is drawn up by the Ministry of Health. Well, until the amendment is passed and takes effect, Chernikov advised his employees not to make drivers a nightmare. Which does not exclude a situation when the general’s subordinates will spit on his demand and continue to hand out motorists for deprivation of rights “for medicine”.

Another letter of explanation, signed by the head of the Russian State Traffic Inspectorate, General Mikhail Chernikov, was sent to the regions. This time it “recommends” field officers not to send to court to deprive the VU of the case of drivers whose blood contains traces of drugs containing certain narcotics and tranquilizers. We are talking about substances such as phenibut, phenazepam, corvalol and others.

Mr Chernikov’s letter was prompted by the November decision of the Constitutional Court of the Russian Federation in the case of a motorist who was deprived of his “rights” based on traces of a drug in his blood. The Court of First Instance considered: since the instruction manual states that it may hinder attention, it means that the driver is prohibited from using it. The Constitutional Court ruled that Article 12.8 of the Code of Administrative Offenses, which penalizes drunk driving, contains a loophole that allows courts to freely interpret the law and deprive drivers of the “right” to use drugs. In this regard, the highest court demanded that the State Duma remove the ambiguity in the Code. Last week, as reported by the AvtoVzglyad portal, a group of deputies prepared a relevant bill and sent it to the government for review.

According to this document, art. 12.8 of the Code of Administrative Offenses is supplemented by a standard referring to a specific list of drugs prohibited for use. This list is drawn up by the Ministry of Health. Well, until the amendment is passed and takes effect, Chernikov advised his employees not to make drivers a nightmare. Which does not exclude a situation when the general’s subordinates will spit on his demand and continue to hand out motorists for deprivation of rights “for medicine”.

Source: Avto Vzglyad

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