scholarly journals Problems of understanding the sale of narcotic drugs in doctrine and judicial practice

2020 ◽  
Vol 6 (4) ◽  
pp. 95-102
Author(s):  
Evgeniy Shevchenko
Keyword(s):  
Civil Law ◽  
Psychotropic Substances ◽  
Correct Definition ◽  
Essential Questions ◽  
The Subject ◽  
Contractual Relations ◽  
Definition Of ◽  
Objective Side ◽  
Illicit Trafficking ◽  
Narcotic Drugs

In the article the problems of judicial and academic interpretation of the concept of sale of narcotic means and psychotropic substances. Currently, essential questions of understanding of marketing in order to distinguishing this transaction from other types of physical transfer of the drug to others, do not accept the sale, usually due attention in the literature is not given. However, the establishment of accessory drugs precedes the criminal legal evaluation of actions of the owner, associated with its use and disposal. The correct definition of the subject, which has a real opportunity to determine the fate of drugs, similar to the powers of the owner, it is important not only for differentiation of the objective side of acquisition, storage, marketing and other activities, but also for differentiating between types of partners, and in some cases forms of complicity. At the theoretical level, the resolution of the issues of identity of drugs and legal assessment of persons involved in their trafficking is carried out by applying to the relations arising between subjects of the illegal market of drugs, analogues civil constructions proprietary and contractual relations, which are based on the idea of the owner of the drug as the owner possessing a thing from itself and for itself, in contrast to its passive holder with no right of ownership and acting in the interests of the beneficiary. Illegal relations, the subject of which is the drug transferred well-known civil law model of legal relations, the main participants of which is the owner of a thing, while other persons are carriers derived from the owner of the rights. The author provides a critical analysis of the current doctrine of criminal law position on the possibility of applying to illegal drug deals in civil constructions proprietary and contractual relations. Substantiates the inconsistency of approaches to the separation of marketing from other activities associated with the transfer of narcotic drugs, on the basis of civil-law categories. In order to solve the qualification tasks proposed to proceed from the actual content of illicit trafficking in narcotic drugs, expressed in their assignment and alienation.

scholarly journals Electronic evidence

2021 ◽  
Vol 5 (S4) ◽  
Author(s):  
Dmytro Golovin ◽  
Yehor Nazymko ◽  
Oleh Koropatov ◽  
Maksym Korniienko
Keyword(s):  
Online Games ◽  
Legal Regulation ◽  
Psychotropic Substances ◽  
Electronic Evidence ◽  
Telecommunication Systems ◽  
Analysis Application ◽  
Historical Comparative ◽  
Definition Of ◽  
Illicit Trafficking ◽  
Narcotic Drugs

Relevance of the problem outlined in the article is due to increasing levels of crime in the sphere of illicit trafficking in narcotic drugs, psychotropic substances, their analogues or precursors using information and telecommunication systems. The aim of the article is a comprehensive analysis of the problem of the use of electronic evidence in proving crimes of trafficking in narcotic drugs, psychotropic substances, their analogues or precursors. To achieve the goal were used to theoretical, historical comparative methods and logical analysis; application of dialectical method allowed to reveal the meaning of concepts "electronic evidence The article presents the most common methods of communication in the sale of drugs, psychotropic substances, their analogues or precursors through such means of communication as messengers, social networks, online games, proprietary programs. It is established that the main causes of drug trafficking crimes include: insufficient legal regulation of cyberspace, the lack of geographical boundaries, the spread of information about drugs on the Internet, especially in Darknet), the uncontrolled development of the cryptocurrency market. The definition of electronic proof in the Ukrainian legal system, as well as the forms and features of electronic proof are considered.

A criminal profiling of persons convicted for narcotic drugs and psychotropic substances illicit trafficking

2020 ◽  
Vol 2020 (3) ◽  
pp. 118-122
Author(s):  
Elizaveta Pavlik ◽  
Elena Ketenchieva
Keyword(s):  
Russian Federation ◽  
Leningrad Region ◽  
Public Interests ◽  
Drug Offenders ◽  
Psychotropic Substances ◽  
Judicial Practice ◽  
The Russian Federation ◽  
Criminal Profile ◽  
Illicit Trafficking ◽  
Narcotic Drugs

This article provides a classification and characteristics of persons convicted for crimes in the field of narcotic drugs and psychotropic substances illicit trafficking. The article deals with the statistics in this sphere over the past five years. Based on the collected empirical evidence the authors analyzed the qualitative indicators of convicted drug offenders. The examination of statistical data from investigative and judicial practice on crimes in the field of narcotic drugs and psychotropic substances illicit trafficking made it possible to sketch a criminal profile of a person sentenced to imprisonment: a citizen of the Russian Federation, a male between 18 to 39 years, having a secondary general or vocational education. Moreover, the personality of a convicted person is characterized by his internal criteria deformation devaluing the norms and rules that express and consolidate public interests. The authors also conducted a comparative analysis of offenders convicted both in the Russian Federation and in such federal subjects as Saint-Petersburg and Leningrad region. The choice of St. Petersburg as one of the objects of this research is justified by the fact that it has been among the leaders of the regions with the largest number of recorded drug-related crimes for several years.

scholarly journals Land dispute as an object of arbitration process

2021 ◽  
Vol 39 (3) ◽  
pp. 118-122
Author(s):  
M. A. Magomedova ◽  
Keyword(s):  
Russian Federation ◽  
Structural Elements ◽  
Legal Concept ◽  
Land Dispute ◽  
Correct Definition ◽  
Arbitration Process ◽  
The Subject ◽  
The Russian Federation ◽  
Characteristic Features ◽  
Definition Of

In the current legislation of the Russian Federation, there is no concept of a land dispute, which causes difficulties in determining the competence of an arbitration court in cases in which the object of the dispute is land. The article analyzes the general legal concept of a dispute and the sectoral concept of a land dispute developed by scientists. The author identified the characteristic features of a land dispute and its structural elements. The work reveals the influence of the structural elements of the land dispute on the type of production in which the dispute will be considered. In addition, the author concludes that the correct definition of the structural elements of the land dispute enables the arbitration court to determine the appropriate persons participating in the case, the subject of proof, the relevance and admissibility of evidence, and ultimately make a lawful and wellgrounded court decision.

scholarly journals Features of Qualification and Prevention of Smuggling of Narcotic Drugs, Psychotropic Substances: their Precursors or Analogues

2020 ◽  
Vol 38 (Especial II) ◽  
Author(s):  
Khayrullina Rezeda Gazinurovna ◽  
Kravchenko Olga Dmitrievna ◽  
Tobolskaya Victoria Valerievna ◽  
Nedorezova Olga Yuryevna
Keyword(s):  
Information Technologies ◽  
Illicit Drug ◽  
The State ◽  
Negative Consequences ◽  
Psychotropic Substances ◽  
State Revenue ◽  
Analytical Research ◽  
Illicit Trafficking ◽  
Illicit Drug Trafficking ◽  
Narcotic Drugs

The article is dedicated to the consideration of factors influencing the state of the situation in Russia in the field of detection and repression of the smuggling of narcotic drugs, psychotropic substances, their precursors, and analogues. In the methodological field it is an analytical research based on documentary, close to legal hermeneutics. Specifically, thearticle analyses Russian legislation, offers options to solve problems in the field of smuggling narcotic drugs, psychotropic substances, their precursors, and analogues. The authors consider the real problems of countering the drug threat, which is currently a serious obstacle to the development of the state. By way of concluding the nature and magnitude of the negative consequences, illicit trafficking in narcotic drugs, psychotropic substances, their precursors, and analogues can be classified as direct threats to national security. Today, the issues of countering the illegal circulation of narcotic drugs, using modern information technologies, improving mechanisms to convert goods obtained from illicit drug trafficking into state revenue are relevant.

scholarly journals Concepts And Features Of The Corporate Contract

2019 ◽  
pp. 121-134
Author(s):  
R.S. Lukashov
Keyword(s):  
Civil Law ◽  
Limited Liability ◽  
Limited Liability Company ◽  
Key Factors ◽  
Legal Entity ◽  
Legal Nature ◽  
The Subject ◽  
Definition Of ◽  
Contractual Structures

The article is devoted to the theoretical and legal analyses of the place of a corporate agreement in the system of civil contracts. The article identifies the key factors that justify a separate place of the corporate agreement among existing contractual structures of civil law. The article deals with scientific views on the concept and legal nature of the corporate agreement, outlines the subject of the corporate agreement, which is concluded between the participants of the legal entity of corporate type, as well as analyzed the latest legislation on the definition of the concept, subject and content of the corporate agreement, which is concluded between the members of the limited liability company.  

The Concept of Land Real Estate in the Act on Real Estate Management

2020 ◽  
Vol 2(22) ◽  
pp. 37-46
Author(s):  
Michał Kiedrzynek
Keyword(s):  
Real Estate ◽  
Civil Law ◽  
The Real ◽  
The Real Estate ◽  
The Subject ◽  
Estate Management ◽  
Definition Of ◽  
Real Estate Management

The management of public real estate has been regulated in many legal acts, among which the Act of August 21, 1997 on real estate management plays the greatest role. The definitions contained in it are intended to explain the most important concepts related to the subject of this act. However, with regard to the definition of land real estate, we are dealing with a repetition of what was defined by the provisions of civil law. Such a situation raises justified interpretation doubts, which may have significant consequences in the application of this act. The existence of two definitions for the same object is undesirable and the Real Estate Management Act should be amended in this respect by including an appropriate reference to the provisions of civil law.

Crimes in the field of illicit trafficking in narcotic drugs, psychotropic, potent and poisonous substances: topical issues of criminal liability

2021 ◽  
pp. 704-715
Author(s):  
Dmitriy V. Bondarev
Keyword(s):  
Final Stage ◽  
Criminal Liability ◽  
Preliminary Investigation ◽  
Criminal Case ◽  
Criminal Cases ◽  
Psychotropic Substances ◽  
Illicit Trafficking ◽  
Narcotic Drugs

We consider current issues related to the prosecution of persons guilty of committing crimes in the field of illegal circulation of narcotic drugs, psychotropic, potent and poisonous substances. We analyze the problematic moments that arise at the final stage of the investigation of criminal cases of this category, in particular, upon notification of the end of the preliminary investigation and at the stage of familiarization with the materials of the criminal case on crimes related to the illegal circulation of narcotic drugs and psychotropic substances. We pay attention to the gaps in modern legislation in the area under consideration, we have made suggestions for its im-provement.

Intersectional relations between executive law and civil law of Ukraine

2021 ◽  
pp. 169-175
Author(s):  
N. Sergiienko
Keyword(s):  
Legal Status ◽  
Mutual Influence ◽  
Civil Law ◽  
Scientific Research ◽  
Civil Code ◽  
Scientific Article ◽  
Executive Process ◽  
The Subject ◽  
Definition Of

The scientific article is devoted to analyze the intersectional relations between executive law of Ukraine and civil law of Ukraine. The classification of forms of intersectional relations, offered by M.Yu Chelyshev, was taken as the ground of theoretical and methodological base of scientific research the intersectional relations between executive law of Ukraine and civil law of Ukraine. Even though this scientist-lawyer researched the intersectional relations of civil law, grounding on the subject of his scientific researches, his classification is stated as universal and grounded enough and can be used for different legal researches. In the scientific article the intersectional relations between executive law of and civil law of Ukraine are discovered though direction as follows: 1) intersectional interaction between executive law of Ukraine and civil law of Ukraine (it represents by using in executive law definitions and constructions of civil law. As an example of definitions and constructions of civil law, that are used in executive law, can be stated the definition of agreement); 2) intersectional influence between executive law and civil law (it represents by mutual influence of compositions of executive law and civil law, especially norms and institutions. The bright example of that mutual influence is the legal status of some kinds of property on the context of forfeiture the property – some kinds of property are out of forfeiture in the executive process, despite that property are out of turnover restrictions); 4) intersectional legal and collision regulation (it represents by direct and indirect mutual renvois between civil legislation and executive legislation. As an example can be used the direct renvoi to art. 28 of The Civil Code of Ukraine from subpar. 5 par. 2 sec. III of The Instruction of Compulsory Execution Organization, approved by The Ministry of Justice of Ukraine from 02.04.2012 under № 512/5).

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