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.

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 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.

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 ELECTRONIC EVIDENCE IN THE ADMINISTRATIVE PROCEDURE IN UKRAINE IN THE LIGHT OF THE INFORMATIONAL APPROACH

2020 ◽  
pp. 80-91
Author(s):  
Vitalii Budkevych
Keyword(s):  
Deductive Reasoning ◽  
Scientific Paper ◽  
Legal Regulation ◽  
Technical Standards ◽  
Technical Literature ◽  
Electronic Evidence ◽  
Administrative Procedure ◽  
Legislative Amendments ◽  
Definition Of ◽  
Theory Of Evidence

The purpose of the scientific paper is to develop solutions for the improvement of the electronic evidence sub-institute in the administrative procedure in Ukraine based on the informational approach. The methodological framework for the research is represented by theoretical advances in the field of procedural law, with an emphasis on the theory of evidence and proof, as well as computer forensics, information law and technical literature. Comparative and formal legal methods, structural-functional analysis, inductive and deductive reasoning have been used to conduct the research. As a result of the research the analysis of the current theoretical developments in the study of the interdisciplinary sub-institute of the electronic evidence has been conducted; scientific comparison between the “objective” (traditional to the domestic theory of proof) and “informational” approaches to the definition of electronic evidence has been carried out; main theoretical and practical issues, arising from the application of different approaches to the perception of electronic evidence have been discovered and propositions for legislative amendments were made. Key findings of the study are briefly summarized below. In determination of the concept and the essence of electronic evidence an optimal combination of both objective and informational approaches to the perception of the electronic evidence should be applied. Differentiation between the original and the copy of electronic evidence should not be abandoned, and it should be allowed for the court to substantiate its findings with the copies of the electronic evidence in specific cases. Particular amendments to the Code of Administrative Procedure of Ukraine should be made with respect to: the definition of the original and the copy of electronic evidence; legal regulation of particular issues concerned with the use of originals and copies of the electronic evidence when proving the factual circumstances of the case (as well as when rendering the final and interim decisions by the court and when using the special knowledge) – primarily, in compliance with technical standards, that have recently been approved in Ukraine, regulating certain issues on the processing of electronic digital evidence.

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.

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.

scholarly journals The main stages of development of the institute of administrative responsibility for illicit trafficking in narcotic drugs and psychotropic substances

Legal Ukraine ◽  
2020 ◽  
pp. 24-32
Author(s):  
Kateryna Prystinska
Keyword(s):  
Drug Trafficking ◽  
Legal Regulation ◽  
Stages Of Development ◽  
Psychotropic Substances ◽  
The Russian Empire ◽  
The Times ◽  
Administrative Code ◽  
Illicit Trafficking ◽  
Illicit Drug Trafficking ◽  
Administrative Responsibility

The article considers the main stages of development of administrative liability for illicit drug trafficking. There are three stages: 1) pre-revolutionary; 2) soviet; 3) the times of independent Ukraine, which differed in approaches to administrative responsibility in this area. It is shown that the process of drug use began in the archaic period, by conducting magical, religious rites, ritual and healing ceremonies in order to achieve mental reactions and trance. During the stay of Ukrainian lands in the Russian Empire, they were subject to the rules of imperial law, which provided for fines, confiscation of materials and devices used in such offenses. The provisions of the Administrative Code of the USSR of 1927, the Code of the Ukrainian VTS on administrative violations of 1984 and the current Code of Administrative Offenses, which reflect the rules of administrative liability for violations in this area. It is shown that during the period of independent Ukraine, administrative and legal activities in the field of combating drug trafficking were conducted in the following areas: licensing activities; the order of transportation of drugs; regulation of their circulation; creation of a public authority whose task was to control the circulation of drugs and legal regulation of their use. Key words: administrative responsibility, drugs, rites, traditions, treatment, rehabilitation, volumes of narcotic substances.

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