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 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 Activities of the national police as a subject of ensuring prevention of offenses in the field of illegal trafficking of drug substances, their analogues and precursors

2020 ◽  
Vol 5 (5) ◽  
pp. 119-124
Author(s):  
Andriy Chaus
Keyword(s):  
Crime Prevention ◽  
Drug Trafficking ◽  
Preventive Measures ◽  
Circulation Control ◽  
Drug Legislation ◽  
Psychotropic Substances ◽  
Drug Substances ◽  
National Police ◽  
Illicit Trafficking ◽  
Narcotic Drugs

The concept of administrative and legal counteraction to offenses in the field of illicit trafficking in narcotic drugs, psychotropic substances and precursors and the application by the National Police of Ukraine of various measures in the field of trafficking in narcotic drugs, psychotropic substances and precursors are considered. The analysis of preventive measures and their features is carried out. The issue of the system of subjects of counteraction to illicit trafficking in narcotic drugs, psychotropic substances, their analogues and precursors is covered. The study deals with highlighting the problematic issues of crime prevention in the field of drug trafficking and combating violations in the field of anti-drug legislation. The issues of determining the mechanism of bringing to administrative responsibility for offenses in the field of illicit trafficking in narcotic drugs and psychotropic substances, methods of counteracting violations in the field of anti-narcotics legislation, features of interaction of the system of subjects of counteraction to illicit trafficking in narcotic drugs and psychotropic substances, circulation control.

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 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 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.

scholarly journals CONCERNING THE COMPLIANCE OF THE LEGISLATION OF UKRAINE ON CRIMINAL LIABILITY IN THE SPHERE OF ILLEGAL DRUG TRAFFICKING WITH INTERNATIONAL REGULATORY LEGAL ACTS

2020 ◽  
Vol 73 (4) ◽  
pp. 95-102
Author(s):  
Andriy Danylevskyi ◽  
◽  
Yuliya Danylevska ◽  
Keyword(s):  
Drug Trafficking ◽  
Criminal Liability ◽  
Illegal Drug ◽  
National Legislation ◽  
The Public ◽  
Psychotropic Substances ◽  
Legal Obligations ◽  
The World ◽  
Criminal Legislation

The public danger of illegal drug trafficking, drug addiction and related phenomena is obvious; therefore the world community is making significant efforts to counter these phenomena, because only through joint efforts it is possible to ensure an effective counteraction to drug trafficking. For this purpose, states adopt a significant number of international normative legal acts. The issues of countering the illegal drug trafficking, psychotropic substances, their analogues and precursors are considered both within the framework of general documents on combating crime, and in special acts. Taking into account the European integration course of Ukraine, the expansion of international cooperation in the sphere of combating the illegal drug trafficking drugs, psychotropic substances, their analogues and precursors, the following issues should be marked as ones of great importance: observance by Ukraine of its international legal obligations; integration into the world system of counteracting drug trafficking; bringing national legislation in line with the provisions of international regulatory legal acts. This article is devoted to the outlined questions. In particular, the provisions of the national legislation in the sphere of illegal drug trafficking, psychotropic substances, their analogues and precursors are analyzed, and the compliance of domestic norms with international regulatory legal acts in the sphere of combating illegal drug trafficking is concluded. The classification of international regulatory legal acts in the sphere of illegal drug trafficking in dependence to the authority that issued them is given. On the basis of the conducted analysis, the author suggests ways to further improvement of the domestic criminal legislation in the sphere of combating drug trafficking. In particular, it is proposed to criminalize the sowing and cultivation of any kind of narcotic drugs, as well as to partially revise the punishment for certain drug crimes.

scholarly journals Guilt in compositions of crimes against bases of national safety of Ukraine: problem questions of theory and fixing in a law on criminal responsibility

2019 ◽  
pp. 136-150
Author(s):  
R. Chorniy
Keyword(s):  
National Security ◽  
Criminal Behavior ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Code ◽  
Special Part ◽  
Direct Indication ◽  
General Part ◽  
The Law ◽  
Transfer Of Information

The article is devoted to the investigation of forms and types of guilt in the composition of crimes against the basics of national security of Ukraine. The presence of a number of unresolved issues at the theoretical and legal level on this issue actualizes the need for its scientific elaboration and formulation of proposals to improve the provisions of the law on criminal liability. The purpose of the article is to investigate the problematic issues of forms and types of guilt in crimes against the bases of national security of Ukraine, ways of fixing them in the articles of Section I of the Special part of the Criminal Code of Ukraine and to develop sound proposals for their solution based on the provisions of the doctrine of criminal law. The article presents the existing approaches of doctrinal interpretation by scientists of the provisions on wine, its forms and types, through which the research of this feature in the crimes under Art. Art. 109 - 114-1 of the Criminal Code of Ukraine. It is proved that the most reasonable is the psychological concept of guilt, which promotes the insertion of forms and types of guilt in crimes against the basics of national security with a formal composition, the elucidation of forms of guilt in the warehouses of crimes provided by articles of section I of the Special part of the Criminal Code of Ukraine, in which the legislator directly does not say that it is one of the preconditions for the proper qualification of the act committed by the person. It is proved that the basis for the conclusion about the intentional form of guilt is based on: 1) a direct indication of it in the norm of the law (Part 1 of Article 110 and Part 1 of Article 111 of the Criminal Code of Ukraine); 2) indication of the specific purpose or motives of the criminal behavior (Part 1 of Article 109, Note 1, Part 1 and Part 2 of Article 110-2, Article 113, Part 1 of Article 114 and Article 112 of the Criminal Code of Ukraine) ; 3) combination of the above mentioned features in one norm (Part 1 of Article 110 of the Criminal Code of Ukraine); 4) interpretation of terms used in the dispositions of certain articles and / or through the description in the law of the features of the crime (Part 1 of Article 110, Part 2 of Article 109, Part 1 of Article 110, Part 1 of Article 111, Article 112, Article 113, Part 1 of Article 114 and Part 1 of Article 114-1 of the Criminal Code of Ukraine); 5) interpretation of terms used in other articles of the Special (espionage as a part of state treason) or articles of the General part of the Criminal Code of Ukraine (conspiracy to commit the actions provided for in part 1 of Article 109 of the Criminal Code of Ukraine (Article 26 of the Criminal Code of Ukraine), attempted murder state or public figure (Article 112 of the Criminal Code of Ukraine) (part 1 of Article 15 of the Criminal Code of Ukraine); 6) the orientation of socially dangerous acts. The specifics of constructing all these norms testify to the direct intent of the person who committed the respective crime. On this basis it is substantiated that the lack of specification of intent in part 1 of Art. 111 and Part 1 of Art. 110 of the Criminal Code of Ukraine does not contribute to the clarity of the provisions of the Criminal Code in the specified part, and the direct intent in the composition of these crimes is evidenced by: 1) special purpose (Part 1 of Article 110 of the Criminal Code); 2) the terms used in the dispositions of the said articles (“violation of the order… established by the Constitution of Ukraine” (part 1 of Article 110), “transfer of information…, transition to the enemy's side, rendering… assistance in carrying out subversive activities against Ukraine”) ( Part 1 of Article 111); 3) the focus of socially dangerous action. In order to eliminate the ambiguous interpretation of the provisions of Part 1 of Art. 110 and Part 1 of Art. 111 of the Criminal Code it is proposed to amend them accordingly. The forms and type of guilt in the warehouses of crimes with material composition (Part 3 of Article 110, Part 3 and 4 of Article 110-2, Part 2 of Article 114-1 of the Criminal Code of Ukraine) were not clearly reflected in the relevant rules of the law. It is substantiated that the subject's attitude to socially dangerous consequences (deaths of people (h. 3 Art. 110, h. 2 Art. 114-1), other grave consequences (h. 3 Art. 110, h. 4 Art. 110- 2, Part 2 of Article 114-1) Causing considerable property damage (Part 3 of Article 110-2) can be intentional or negligent.

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.

Sign in / Sign up

Export Citation Format

Share Document