scholarly journals MEDICAL WORKERS' LIABILITY FOR CRIMES IN THE FIELD OF TRAFFICKING OF NARCOTIC PRODUCTS UNDER ARTICLE 320 OF THE CRIMINAL CODE OF UKRAINE

2021 ◽  
pp. 15-19
Author(s):  
R. Grinyuk ◽  
B. Kindyuk
Keyword(s):  
Health Care ◽  
Criminal Liability ◽  
Criminal Activity ◽  
Criminal Code ◽  
Psychotropic Substances ◽  
Health Care Institutions ◽  
Criminal Offenses ◽  
Medical Institutions ◽  
Wide Range ◽  
Narcotic Drugs

The article considers the peculiarities of criminal liability of employees of health care institutions for violation of the provisions of Art. 320 of the Criminal Code of Ukraine, which consists of two parts, which differ in the ways (forms) of committing criminal offenses and limits of liability. The methodological basis of the study includes logical-semantic method, by which the types of methods (forms) of committing criminal offenses under Art. 320 of the Criminal Code of Ukraine are studied; a systematic approach, on the basis of which the author analyses the sequence of actions of employees of investigative bodies in the investigation of crimes on the grounds of criminal activity provided for in the provisions of this article. It is established that Art. 320 of the Criminal Code of Ukraine consists of two parts and provides for a wide range of criminal offenses, in particular the cultivation of sleeping poppy or hemp; violation of the rules of production, manufacture, storage, accounting, release, distribution, trade, transportation, shipment or use of narcotic drugs, psychotropic substances, their analogues or precursors intended for the production or manufacture of these drugs or substances; theft, misappropriation, extortion of narcotic drugs, psychotropic substances, their analogues or precursors, or their acquisition by fraud or abuse of office by an official, etc. It is shown that the disposition of Art. 320 of the Criminal Code of Ukraine has a blanket nature, which requires specification of its provisions in other regulations, including orders, instructions, rules. It is emphasized that employees of medical institutions and health care institutions must clearly know the content of the resolution of the Cabinet of Ministers № 770 "On approval of the list of narcotic drugs, psychotropic substances and precursors" from 06.06.2000, the order of the Ministry of Health № 188 "On approval of tables of small, large and especially large amounts of narcotic drugs, psychotropic substances and precursors that are in illicit traffic" from 01.08.2000, which will significantly help them to avoid offenses related to drug trafficking. Special attention should by paid to compliance with the rules of storage, transfer, accounting, release, distribution, trade, transportation, as well as the introduction of drug logs. The article also shows the sequence of actions of employees of investigative bodies during crime investigation on grounds of the criminal activity provided by Art. 320 of the Criminal Code of Ukraine.

scholarly journals MEDICAL WORKERS' LIABILITY FOR CRIMES IN THE FIELD OF TRAFFICKING OF NARCOTIC PRODUCTS UNDER ARTICLE 320 OF THE CRIMINAL CODE OF UKRAINE

2021 ◽  
pp. 19-23
Author(s):  
R. Grinyuk ◽  
B. Kindyuk
Keyword(s):  
Health Care ◽  
Criminal Liability ◽  
Criminal Activity ◽  
Criminal Code ◽  
Psychotropic Substances ◽  
Health Care Institutions ◽  
Criminal Offenses ◽  
Medical Institutions ◽  
Wide Range ◽  
Narcotic Drugs

The article considers the peculiarities of criminal liability of employees of health care institutions for violation of the provisions of Art. 320 of the Criminal Code of Ukraine, which consists of two parts, which differ in the ways (forms) of committing criminal offenses and limits of liability. The methodological basis of the study includes logical-semantic method, by which the types of methods (forms) of committing criminal offenses under Art. 320 of the Criminal Code of Ukraine are studied; a systematic approach, on the basis of which the author analyses the sequence of actions of employees of investigative bodies in the investigation of crimes on the grounds of criminal activity provided for in the provisions of this article. It is established that Art. 320 of the Criminal Code of Ukraine consists of two parts and provides for a wide range of criminal offenses, in particular the cultivation of sleeping poppy or hemp; violation of the rules of production, manufacture, storage, accounting, release, distribution, trade, transportation, shipment or use of narcotic drugs, psychotropic substances, their analogues or precursors intended for the production or manufacture of these drugs or substances; theft, misappropriation, extortion of narcotic drugs, psychotropic substances, their analogues or precursors, or their acquisition by fraud or abuse of office by an official, etc. It is shown that the disposition of Art. 320 of the Criminal Code of Ukraine has a blanket nature, which requires specification of its provisions in other regulations, including orders, instructions, rules. It is emphasized that employees of medical institutions and health care institutions must clearly know the content of the resolution of the Cabinet of Ministers № 770 "On approval of the list of narcotic drugs, psychotropic substances and precursors" from 06.06.2000, the order of the Ministry of Health № 188 "On approval of tables of small, large and especially large amounts of narcotic drugs, psychotropic substances and precursors that are in illicit traffic" from 01.08.2000, which will significantly help them to avoid offenses related to drug trafficking. Special attention should by paid to compliance with the rules of storage, transfer, accounting, release, distribution, trade, transportation, as well as the introduction of drug logs. The article also shows the sequence of actions of employees of investigative bodies during crime investigation on grounds of the criminal activity provided by Art. 320 of the Criminal Code of Ukraine.

scholarly journals Features of Terrorist-Oriented Criminality in the Socialist Republic of Vietnam and Measures of Legal Response to Fight it at the Present Stage

2020 ◽  
Vol 14 (3) ◽  
pp. 400-410
Author(s):  
Alexander Korobeev ◽  
Dmitriy Lobach ◽  
Nguyen Hung
Keyword(s):  
Political Violence ◽  
Criminal Liability ◽  
Criminal Activity ◽  
Criminal Code ◽  
Islamic State ◽  
Legal Analysis ◽  
Socialist Republic ◽  
Terrorist Organizations ◽  
Wide Range ◽  
Global Terrorism

This article examines distinguishing features of terrorist-oriented criminality in the Socialist Republic of Vietnam, exploring quantitative indicators of certain types of crimes. It is concluded that the current level of political violence in Vietnam is low. Using a wide range of data sources on composite indicators (Global Terrorism Index, Global Terrorism Database and Global Peace Index), it is concluded that to date Vietnam has recorded a low level of political violence. The research explores basic «criminogenic» conditions or factors that lead to relevant risk of growth of political violence. It should be noted that to some extent ethnic tensions still exist in Vietnam. There is also a great concern about criminal activity of a number of domestic and international terrorist organizations, which, in the short or long term, could disrupt domestic political situation and escalate terrorism. The researchers argue that although political and religious motives (e.g. establishing an Islamic state) underlie certain terrorist activities of international terrorist organizations and the fact that Muslims in Vietnam make up about 0,1 % of the countrys population, Vietnams international commitment to counter-terrorism is likely to make it a target of retaliation by these organizations. In addition, there is a possibility that these organizations may commit terrorist acts within the territory of the Socialist Republic of Vietnam to support and fund terrorist activities in the future. We summarized that as at present in force Criminal Code of the Socialist Republic of Vietnam includes special provisions that carry liability for individual acts showing signs of terrorism (arts. 113, 299, 300 CC SRV) and norms within international obligations that cover criminal liability for other crimes of terrorist nature (crimes with indicators of terrorization). The comparative legal analysis of anti-terrorist statutes presented in the 2015 version of the Criminal Code of the Socialist Republic of Vietnam reveals legal and technical defects in certain material elements of terrorist offences. It is noted that Vietnamese legislator distinguishes two forms of terrorism: «traditional» terrorism, which pursues political aims (criminal acts against the peoples government, committed for the purpose of combating it) and terrorism aimed at creating a climate of fear in society.

scholarly journals “It is to be a punishment or a pardon is granted” or Whether the Criminal Code of Ukraine needs to have incentive norms about the crimes against human freedom, honor and dignity

2018 ◽  
Vol 70 (3) ◽  
pp. 22-26
Author(s):  
Ya. H. Lyzohub
Keyword(s):  
Comparative Analysis ◽  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Activity ◽  
Criminal Code ◽  
Human Freedom ◽  
Negative Consequences ◽  
Wide Range ◽  
Scientific Arguments

The paper is focused on the analysis of the stimulatory norms expediency in the criminal law of Ukraine. The objective of the paper is to reveal the significance of legal encouraging of an offender to stop his further criminal activity. Especially, it is necessary in conditions of Ukraine’s movement from a previous Soviet heritage to modern punishment standards, where criminal liability is not only punishment, but it is also a strategy to prevent a crime. According to the author’s opinion, a pardon occasionally is much more effective than a sanction, since for some cases it allows giving up a criminal act and can prevent negative consequences for an object of encroachment in such a way. Thus, there is sometimes no need to punish an offender, who is able to get a correction out of a prison. However, there should be a concrete norm to do that, inasmuch as the Criminal Code does not have sufficient extent of such norms. As it is known, a punishment is able to be effective only when an offender both got a penalty, and was pursuing his better path. By conducting a comparative analysis, the author provides scientific arguments and facts of wide range application of encouragement in the conditions of stopping a crime. There author of the paper has analyzed different viewpoints of scholars, related to the issues provided. Herewith, the author has revealed different strategies regarding the improvement of Ukrainian criminal law and practice with the incentive norms.

Exemption from criminal liability as a means of crime prevention in the field of trafficking narcotic drugs, psychotropic substances, their analogues or precursors and other crimes against public health

2021 ◽  
pp. 195-202
Author(s):  
P. Khriapinskiy ◽  
S. Shkola
Keyword(s):  
Public Health ◽  
Civil Rights ◽  
Crime Prevention ◽  
Drug Trafficking ◽  
Criminal Behavior ◽  
Criminal Liability ◽  
Legal Protection ◽  
Criminal Code ◽  
Psychotropic Substances ◽  
Narcotic Drugs

Prevention occupies a leading place in the legal means of combating crimes in the field of drug trafficking, along with the detection, detection, investigation, appointment and serving of punishment for their commission, and so on. Exemptions from criminal liability have the task of providing legal protection of human and civil rights and freedoms, property, public order and public safety, environment, constitutional system of Ukraine from criminal encroachments, ensuring peace and security of mankind, as well as crime prevention (Part 1 of Art. 1 Criminal Code). Chapter XIII of the Special Part of the Criminal Code “Crimes in the field of trafficking in narcotic drugs, psychotropic substances, their analogues or precursors and other crimes against public health” contains five types of exemption from criminal liability. They, as well as general types of exemption from criminal liability, in their content have common features: 1) are carried out exclusively by the court on behalf of the state; 2) apply to the person who committed the crime; 3) consist in refusal of official condemnation, sentencing and recognition of a person as a convict. In drug cases, the most common are Articles 307 and 309 of the Criminal Code. According to Art. 307 for the last year 4 865 persons were condemned, and Art. 309 – 15 137. While in 2017 there were 2 758 and 13 682 such persons, respectively. It is concluded that the special exemption from criminal liability as a means of preventing crimes in the field of drug trafficking, psychotropic substances, their analogues or precursors is aimed at self-disclosure of persons who committed minor crimes in the field of drug trafficking, as well as revealing the source of their acquisition or otherwise obtained. In addition, the prevention of drug trafficking is carried out by facilitating the detection of crimes related to drug trafficking. Special exemption from criminal liability, in the case of a certain set of positive post-criminal behavior in the field of drug trafficking, is imperative for the court and final for the perpetrator, and the person who committed it is recognized as having no criminal record.

scholarly journals Criminal-legal description of penalties imposed for criminal offenses

2020 ◽  
Vol 4 (4) ◽  
pp. 356-361
Author(s):  
Iryna Shylo
Keyword(s):  
Local Governments ◽  
Criminal Liability ◽  
Criminal Code ◽  
Public Authorities ◽  
Criminal Offense ◽  
Psychotropic Substances ◽  
Criminal Offenses ◽  
Special Part ◽  
General Part ◽  
The Right

The criminal-legal characteristic of the punishment provided for criminal offenses is given. It is determined what punishments can be applied by the court as the main and additional. The size of the main punishments in the form of fines, community service, correctional labor, arrest, restriction of liberty, deprivation of the right to hold certain positions or engage in certain activities, service restrictions for servicemen, detention in a disciplinary battalion were analyzed. Taking into account the provisions of the Law on Criminal Liability, the general principles of sentencing by a court in case of a criminal offense are established, which are: sentencing within the limits established in the sanction of the article (sanctions of part of the article) of the Special Part of the Criminal Code of Ukraine; except as provided in Part 2 of Art. 53 of the Criminal Code of Ukraine; sentencing in accordance with the provisions of the General Part of the Criminal Code of Ukraine; sentencing for a criminal offense, taking into account the identity of the perpetrator and mitigating and aggravating circumstances. The statistical data of the Prosecutor General's Office of Ukraine on registered criminal offenses and the results of their pre-trial investigation for July-November 2020, which showed that a total of registered criminal offenses in July 63 902, August 17 070, September 8 976, October 9 902, November 6 803 The largest number are criminal offenses against life and health of a person; against property; in the field of trafficking in narcotic drugs, psychotropic substances, their analogues or precursors and other criminal offenses against public health; against the authority of public authorities, local governments, associations of citizens and criminal offenses against journalists.

scholarly journals Features of the legal regulation of the fight against drug trafficking in Ukraine (1999—2005)

Legal Ukraine ◽  
2020 ◽  
pp. 40-49
Author(s):  
Mykola Kotsur
Keyword(s):  
Criminal Liability ◽  
Legal Regulation ◽  
Criminal Code ◽  
Base Exchange ◽  
Psychotropic Substances ◽  
National Programmes ◽  
Dangerous Substances ◽  
Key Aspects ◽  
Illicit Trafficking ◽  
Narcotic Drugs

The article considers contents of regulatory legal acts adopted in Ukraine, aimed at combating illicit trafficking in narcotic drugs. It is shown that key aspects of them influenced by the international documents ratified by Ukraine and the need to ensure that counter their proliferation, by establishing rules of implementation, storage, trade and prescription. Describes the main provisions of Section XIII of the criminal code of Ukraine 2001, the assessment of the structure of liabilities, the strictness of the regulations and additional penalties. During the period 1999—2005 was adopted a significant number of different legal acts aimed at combating illegal turnover of narcotic drugs: the criminal Code of Ukraine 2001, National Programmes, resolutions of the Cabinet of Ministers of Ukraine, orders of Ministry of health and Ministry of agriculture of Ukraine. A feature of the criminal code of Ukraine 2001, he was a systematization of the rules on criminal liability in this area in Section XIII, to the contents of this section included twenty articles, differing in the number of parts, with notes and additional punishments. The national programme addressed the issues of implementation of the state policy in the sphere of struggle with illicit trafficking of these dangerous substances, we have established the necessity of improvement of normative legal base, exchange of information, experiences, treatment and rehabilitation of drug addicts. Resolution of the Cabinet of Ministers of Ukraine has decided an important question regarding the list of narcotic drugs, psychotropic substances and precursors, which were systematized in the form of four tables and nine lists, and specified rules on trade, production, manufacture and issue of medicines, which included these dangerous substances. Orders MOZ of Ukraine has established the procedure for the prescription, break away narcotic drugs, regulate the allocation table of amounts of narcotic drugs, as well as the order of protection, control, and storage of these dangerous substances. Key words: drug, criminal Code, the national program, normative-legal acts, penalties.

scholarly journals ON PUBLIC DANGER AS A FACTOR OF CRIMINALIZATION (DECRIMINALIZATION) OF VIOLATION OF THE ESTABLISHED RULES OF CIRCULATION OF NARCOTIC DRUGS

2020 ◽  
pp. 119-127
Author(s):  
Viktoriia Lisniak ◽  
Keyword(s):  
Research Methodology ◽  
Large Scale ◽  
Criminal Liability ◽  
Criminal Code ◽  
The Public ◽  
Psychotropic Substances ◽  
Significant Harm ◽  
Definition Of ◽  
Narcotic Drugs

The article examines the problem of social conditionality of criminal legal prohibition. The phenomenon of public danger is analyzed as a factor of criminalization (decriminalization) of violation of the established rules of circulation of narcotic drugs, psychotropic substances, their analogues or precursors intended for the production or manufacture of these drugs or substances. The aim of the article: to establish the existence or lack of social conditionality of criminal liability for the violation of established rules of circulation of narcotic drugs, psychotropic substances, their analogues or precursors through the perception of the phenomenon of public danger as a factor of criminalization (decriminalization) of certain acts. The research methodology: historical and legal, systemic, dogmatic, hermeneutic ones. The debatable provisions of this issue are considered, the author’s critical considerations are stated. The scientific position of Ukrainian criminologists is supported, according to which the feature "public danger" of an act should not be applied in the legislative definition of a crime. However, this does not mean that the legislator should be deprived of the need to take into account the public danger (or lack thereof) of certain actions in the process of resolving the issue of their criminalization (decriminalization). The expediency of editorial adjustment of Part 1 of Art. 320 of the Criminal Code of Ukraine has been substantiated. The criminal consequence, which is planned to express significant harm, should be the shortage of narcotic drugs, psychotropic substances, their analogues or precursors on a large scale.

scholarly journals Forensic Techniques Used in the Investigation of Smuggling on Railway Transport

2020 ◽  
Vol 15 (12) ◽  
pp. 149-156
Author(s):  
G. M. Usova ◽  
I. V. Malykhin
Keyword(s):  
Criminal Liability ◽  
Criminal Code ◽  
Railway Transport ◽  
Psychotropic Substances ◽  
The Russian Federation ◽  
Forensic Tools ◽  
Special Control ◽  
Tools And Methods ◽  
Narcotic Drugs

The paper examines the forensic tools and methods used in the investigation of smuggling on the railway transport. The role of these forensic tools and methods is quite high, since they make it possible to timely identify and suppress the commission of the crime in question, determine the perpetrators and prevent the spread of narcotic drugs, psychotropic substances or their precursors on the territory of our country. The paper also discusses the features of the use of special methods of forensic science in the investigation of smuggling committed on the railway transport. One of the main smuggled items today are narcotic drugs, psychotropic substances or their precursors or analogues, plants containing narcotic drugs, psychotropic substances or their precursors, or their parts containing narcotic drugs, psychotropic substances or their precursors, tools or equipment, under special control and used for the manufacture of narcotic drugs or psychotropic substances, while criminal liability for this crime is provided for in Art. 229.1 of the Criminal Code of the Russian Federation.

scholarly journals SEXUAL AND AGE CHARACTERISTICS OF PERSONS COMMITTING SMUGGLING OF DRUGS, PSYCHOTROPIC SUBSTANCES AND THEIR ANALOGUES OR PRECURSORS

2020 ◽  
Vol 2 (4(106)) ◽  
pp. 44-52
Author(s):  
А. М. Шалай
Keyword(s):  
Effective Means ◽  
Criminal Code ◽  
Criminal Offenders ◽  
Psychotropic Substances ◽  
The Past ◽  
Criminal Offenses ◽  
Gender And Age ◽  
Illicit Trafficking ◽  
Narcotic Drugs

The relevance of the article is that the characterization of the offender is one of the most important elements of the criminological characterization of any type of crime. This process is important for criminology, as appropriate and effective means of preventing any type of crime cannot be developed without taking into account the specific personality traits of criminals that are specific to certain groups of criminal offenders and distinguish them from other criminals and law-abiding citizens. The above should also apply to persons who smuggle drugs, psychotropic substances and their analogues or precursors. The purpose of the article is to investigate some components of the criminological characteristics of persons who smuggle drugs, psychotropic substances and their analogues or precursors in Ukraine, namely their gender and age characteristics. Some components of the criminological characteristics of persons who smuggle drugs, psychotropic substances and their analogues or precursors in Ukraine, namely their gender and age characteristics, have been studied. It is established that the share of women who commit this act, among the total number of convicts under Article 305 of the Criminal Code of Ukraine, is significantly less than among persons who commit criminal offenses related to illicit trafficking in narcotic drugs, psychotropic substances, their analogues or precursors, as well as all criminal acts combined, and is only 7.6%. The share of persons aged 18 to 39 in the smuggling of narcotic drugs, psychotropic substances and their analogues or precursors is more than three quarters - 75.8%, and is the highest compared to the average age of all criminals in general and persons who commit drug crimes, in particular. It is concluded that over the past ten years, we can distinguish such a feature of the crime that the share of women who commit it, among the total number of convicts under Article 305 of the Criminal Code of Ukraine, is significantly less than among those who commit criminal offenses. related to illicit trafficking in narcotic drugs, psychotropic substances, their analogues or precursors, as well as all criminal acts in total, and is only 7.6%. That is, the ratio of the level of criminal offenses under Article 305 of the Criminal Code of Ukraine committed by women to the level of similar criminal acts committed by men is not 1: 7, as in all criminal acts, but is approximately 1:11.

scholarly journals Voluntary Delivery of Narcotic Drugs, Psychotropic Substances or their Analogues: Criminal Procedural Aspects of Absolute Discharge

2021 ◽  
pp. 062-068
Author(s):  
A. A. Pudovkin ◽  
◽  
D. V. Tyotkin ◽  
Keyword(s):  
Decision Making ◽  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Code ◽  
Psychotropic Substances ◽  
The Russian Federation ◽  
The Absolute ◽  
Criminal Legislation ◽  
Inspection Of The Scene ◽  
Narcotic Drugs

The process of voluntary delivery of narcotic drugs, psychotropic substances or their analogues has been investigated. The article considers the mechanism for absolute discharge of a person who committed drug crimes in compliance with the criminal legislation of the Russian Federation. The conditions for voluntary drug delivery have been studied. The criminal procedure aspects of the absolute discharge of a person from criminal liability are also determined. The regulations for the distribution of drugs were analyzed when the employees of operational divisions carried out operational-search measures to seize them, as well as during the inspection of the scene. The article presents the problems that, in practice, when deciding on the termination of a criminal case, investigative and inquiry bodies may face. The article provides an interpretation of the criminal law norms of the Criminal Code, which affect the decision-making on the absolute discharge of a person who voluntarily expressed a desire to deliver drugs.

Sign in / Sign up

Export Citation Format

Share Document