On the objective imputation when applying art. 12.8 of the Code on Administrative Offences of the Russia Federation

On the basis of comparison of the administrative and legal mode of medical examination for the state of drug intoxication and the practice of applying Article 12.8 of the Code on Administrative Offences of RF the author substantiates the possibility of the situation in which the person may be brought to the administrative liability violating the principle of subjective imputation. Special attention is paid to the issues of driving a vehicle after drug using as well as the possibility of applying Art. 12.8 of the Code on Administrative Offences of RF on the basis of detection of metabolites of narcotic drugs or psychotropic substances in the biological fluids of the person under examination. Proposals for the amendment of the current legislation are formulated.