Criminal law value of the state of intoxication

Criteria for the degree and type of state of intoxication to be taken into account in sentencing as mitigating and aggravating circumstances are not disclosed in the criminal legislation of the Russian Federation. The legislator also bypasses the question of what should be understood by the term “state of intoxication” and whether it is possible to assign a person in such a state to a special subject of the crime. All these staged questions reflect the issue of law enforcement when characterizing the acts of persons who have committed a crime in a state of intoxication. The author of the article examined theoretical views on the problem posed, the practice of enforcement of existing norms; The legislative design of a number of offences regulating the increased liability of persons who have committed a crime in a state of intoxication has been analysed. It was concluded that it was necessary to clarify legislative terminology and differentiate criminal responsibility depending on the “severity” of the state of intoxication.