Features of the qualification of illegal trafficking in medical products committed using mass media or information and telecommunication networks, including the internet

The article analyzes the practice of applying a criminal law norm providing for liability for the circulation of falsified, substandard and unregistered medicines, medical devices and the turnover of falsified dietary supplements using mass media or information and telecommunication networks, including the Internet. Some issues of countering this phenomenon have been raised. The research is based on the general scientific theory of cognition, and also includes logical and formal legal methods. The practice and materials of the Supreme Court of the Russian Federation and courts of general jurisdiction were used. Statistical data on criminal prosecution under Part 1.1 of Article 2381 of the Criminal Code of the Russian Federation are analyzed, statistical data are correlated with examples from judicial practice indicating a high natural latency of committing crimes in the sphere of trafficking in falsified medical products using mass media or information and telecommunication networks, including the Internet. The question of approaches to the criminal legal assessment of cases when the turnover of medical products is carried out using the EIS "Procurement" is raised, examples of judicial practice on this issue are given. As a result of the research, the author comes to the conclusion that currently, law enforcement agencies use such a qualifying sign of illegal trafficking in medical products as the use of mass media or information and telecommunication networks, including the Internet, unreasonably rarely. At the same time, this feature should not be imputed in cases where intruders use EIS "Purchases" in the turnover of medical products.