scholarly journals Content analysis of the official documents on the turnover of counterfeit medicines in Ukraine in 2017–2020

2021 ◽  
pp. 3-15
Author(s):  
С. О. Лебедь ◽  
А. С. Немченко

The purpose of the work was to conduct a content analysis of the orders of the State Medicines Service on the prohibition of the circulation of counterfeit medicines and the information messages of law enforcement agencies in 2017–2020. The object of the study was the orders of the State Medicines Service on the prohibition of the circulation of counterfeit medicines, information messages of law enforcement agencies to identify the facts of clandestine production and counterfeiting, publications on the problems of it’s distribution. The study used the methods of content analysis, systematization and generalization. Тo prevent the circulation of counterfeit medicines in the countries of the world, various methods of countering counterfeiting are being introduced, however, only in Ukraine was the restriction of measures of state supervision (control) in the pharmaceutical sector introduced as an element of deregulation. In connection with this, it was investigated how such restrictions, which were introduced three times, has influenced the identification and distribution of counterfeit medicines. For the study, a methodology for content analysis of official documents on the circulation of counterfeit medicines in the country for 2017–2020 has been proposed. In most of the orders of the State Medicines Service, revealed signs of drug falsification were introduced, which related to the labeling of packages. The imposition of a moratorium on planned measures of state supervision had a negative impact on the work of quality control bodies of medicines to identify counterfeits. In 2010–2014 (before the introduction of the first moratorium) the State Medicines Service issued 326 orders prohibiting the circulation of counterfeit medicines, but after the introduction of the moratorium, the number of orders for 6 years decreased significantly – to 118. So, in 2020, the State Medicines Service issued only 4 orders to prohibit the circulation of counterfeit drugs (for comparisons in 2017 – 18), although law enforcement officers revealed 6 facts of clandestine production and counterfeit. According to the results of the study, it was established that it was necessary to unify and standardize the management documents of the State Medicines Service on the prohibition of the circulation of counterfeit medicines, and also indicated the feasibility of introducing «field screening» of the often counterfeited medicines, to establish the real part of counterfeit medicines. Information messages from law enforcement agencies should not be limited only to the facts of revealing clandestine proceedings, but also should contain the results of court decisions on these facts. It is advisable to intensify interaction with regulatory authorities in other countries for a more effective exchange of information on detected of counterfeit medicines.

Author(s):  
S. O. Lebed ◽  
A. S. Nemchenko

The problem of medicines counterfeiting is relevant for all countries of the world, without exception. At the same time, the effectiveness of combating the spread of counterfeit medicines (CM) in different countries, as well as the volume of counterfeited medical products, varies. Any state that aimed to ensure highly effective control over the circulation of medicines has to elaborate a comprehensive solution to this problem, primarily to adopt high-quality national legislation. The executive authorities should not only pay attention to neutralizing CM problem, but also take the most active part in this process. The primary role here should be played by law enforcement authorities. There is a need for coordinated work by law enforcement authorities to investigate the cases of falsified medicines and clandestine production, as well as by regulatory bodies to identify such products. It is also necessary to systematize the investigative and judicial practice on this issue, create an unified system for recording the facts of identifying the counterfeit drugs. The need for systematic monitoring and analysis of regulatory legal acts regarding the counteraction to the circulation of the CM in order to assess their effectiveness, as well as the adoption of appropriate measures by the authorized bodies, determine the relevance of the study. The aim of the work was to analyze the laws and regulations of CM adopted in Ukraine after the Declaration of Independence had been signed (1991), to assess their effectiveness in terms of bringing perpetrators to justice for pharmaceutical counterfeiting. Materials and methods. Scientific publications on the problem of CM, as well as the Laws of Ukraine and legal acts adopted by various authorities to combat the spread of falsified medicines, reports of law enforcement agencies, the General Prosecutor’s Office, the State Judicial Administration, court decisions included in the Unified State Register of Court Decisions (USRCD) under Article 321-1 of the Criminal Code of Ukraine. The analysis of the respective norms of the legislation adopted during 1991–2020 is carried out. Results. Having analyzed the reports of law enforcement agencies, the State Statistical Office, and the Prosecutor General’s Office, the authors established that none of the people who had been convicted under Article 321-1 of the Criminal Code of Ukraine, after the entry of the guilty verdict into force, was in places of deprivation of liberty. There are many information sources that provide various forms of statistics, but understanding them is quite a challenge. A large number of criminal proceedings have been investigated for a long time, and since the USRCD is inaccessible, and is available only for the pre-trial investigation bodies and the prosecutor’s office, it is impossible for a private person to get information regarding the end of the pre-trial investigation in certain cases. Conclusions. Despite the large quantity of regulatory legal acts adopted in Ukraine to prevent the spread of counterfeit medicines, the severity of the sanctions of Article 321-1 of the Criminal Code, which criminalizes the falsification and circulation of medicines, as well as the importance of medicines’ counterfeiting for public health, the effectiveness of measures to combat this phenomenon is dramatically low.


2021 ◽  
Vol 66 ◽  
pp. 123-128
Author(s):  
I.I. Baidyuk

The article is devoted to defining the concept and methods of interaction of the State Border Guard Service of Ukraine with other law enforcement a. The meaning of the concept of "methods" is revealed. It is proposed to understand the methods of interaction of the State Border Guard Service of Ukraine with other law enforcement agencies as a set of tools used by these entities within the current legislation to organize and maintain relations between them to ensure border security, prevent smuggling, illegal migration and transnational crime. Features of such administrative methods of management as regulatory, administrative and normative are considered. It is noted that regulatory methods take place in the interaction of the State Border Guard Service of Ukraine with other law enforcement authorities. It is determined that persuasion as a universal method of management in the interaction of the State Border Guard Service of Ukraine with other law enforcement authorities is absent, and an example of the method of coercion is liability for non-compliance with acts of the State Border Guard Service of Ukraine. Such organizational methods in interaction of the State Border Guard Service of Ukraine with other law enforcement authorities as planning, forecasting, method of information support, method of decision making, methods of organizing the implementation of decisions and monitoring their implementation, methods of instructing and work with personnel are singled out. Emphasis is placed on economic methods in the interaction of the State Border Guard Service of Ukraine with other law enforcement authorities. The results of the survey show the problems in the use of methods of legal regulation, prohibitions, coercion, coordination, control in the management of the State Border Guard Service of Ukraine, which affect the effectiveness of its interaction with other law enforcement authorities and should be studied separately.


2021 ◽  
Vol 12 (3) ◽  
pp. 15
Author(s):  
Melody Okereke ◽  
Ignatius Anukwu ◽  
Sola Solarin ◽  
Mazi Sam Ohuabunwa

Substandard and counterfeit medicines (SCMs) are a major public health threat in Africa. In Nigeria, the manufacture and distribution of substandard and counterfeit medicines in the drug market are booming, despite the efforts of law enforcement agencies to crack down on criminal syndicates over the years. The current situation has been exacerbated due to factors tied to unregulated open drug markets, lack of counterfeit detection technology, poor local pharmaceutical manufacturing capacity, and porous cross-border monitoring and surveillance systems. However, industrial pharmacists have a key role to play in combatting the production and circulation of SCMs in the Nigerian drug market. In this commentary, we examine the prevalence of SCMs in Nigeria and proffer feasible recommendations that industrial pharmacists can leverage to ensure its effective containment.


Author(s):  
Irina Zhukova ◽  
◽  

The role and significance of the influence of civil society on the processes of state regulation of law enforcement activities are revealed. The key aspects of state regulation of law enforcement activity under the condition of active influence of civil society representatives on it are revealed. The main factors of the influence of civil society on the activity of law enforcement bodies, which play an important role in the processes of ensuring the proper functioning of the system of state regulation of law enforcement activities in Ukraine, are substantiated. It is substantiated that in order to effectively perform the tasks assigned to law enforcement agencies, these structures interact with representatives of the public sector. It is proved that interaction with civil society of the law enforcement system is an important aspect to increase the effectiveness of these bodies in ensuring the protection of human rights and freedoms, public order and security, the interests of society and the state, as well as combating crime. Conclusions are formed regarding the content of new approaches to the organization of law enforcement agencies' work with the population, public organizations and local self-government bodies in the field of law enforcement. The complex of the existing administrative measures for achievement of the maximum efficiency of functioning of system of the state regulation of law enforcement activity in a foreshortening of influence of representatives of civil society on it is considered. Current trends and priority areas for improving the mechanisms of civil society influence on state regulation of law enforcement, in particular, the administrative and legal direction on a partnership basis, are outlined.


Author(s):  
Christie Gardiner

Purpose – The purpose of this paper is to describe the state of police education in California. There is limited national data on the topic and this study aims to improve our knowledge by studying the state with the highest number of law enforcement officers in the USA. Design/methodology/approach – A total of 162 local law enforcement agencies (police and sheriffs’ departments) in California completed a 32-question electronic survey about police education and training. Findings – Findings reveal that California agencies are more likely than agencies nationwide to offer incentives to encourage officers to pursue higher education. Although most departments require only a high school diploma, 35 percent of sworn officers are college graduates. Most college-educated officers are employed by medium and large sized agencies in urban counties which pay above-average salaries. Research limitations/implications – This paper demonstrates how the prevalence of educated police officers varies and that higher education requirements do not adversely affect the hiring of female officers. It also provides insight from police managers regarding their concerns about requiring a four-year degree and perceptions of whether college-educated officers are actually better officers than non-college-educated officers. Practical implications – Research findings may be instructive to police managers wanting to increase the number of sworn officers in their agency who hold a college degree. Originality/value – It adds to the literature by describing the education level of police officers in California and providing information about the educational requirements and incentives offered to officers by law enforcement agencies. No previous study has addressed this topic, even though California employs 12 percent of all sworn peace officers in the USA.


2013 ◽  
Vol 46 (1) ◽  
pp. 147-158 ◽  
Author(s):  
Vladimir Shlapentokh

The growth of corruption after 1991 was probably unavoidable. The privatization of the state economy created favorable conditions for corruption, which did not exist before. The feudalization of a society, with its weakening of the state and the high autonomy of its office holders, was another major factor behind the outburst of corruption. However, while these “objective” factors account for a great part of corruption’s growth, the transformation of the leaders of the country to people who encouraged corruption for their own benefit—one of the major elements of feudalization—also played an extremely large role in spreading corruption inside the country. Corruption poses greater concerns to society in the long term. Russian corruption undermines labor ethics, particularly among younger generations. Russian youths firmly believe that bribes and connections are the best and perhaps only way to become successful. Widespread corruption creates a parallel, semi-feudal chain of command that competes with the official hierarchy. The weakness of law enforcement agencies, as well as the army—now almost totally demoralized—is, to a great extent, the product of corruption.


2017 ◽  
Vol 9 (1) ◽  
pp. 123-0
Author(s):  
Zbigniew Niemczyk

The article is concerned with the subject matter of covert policing involving cases where a hostage is unlawfully taken and detained with the purpose of forcing other persons to act in a specific manner. Such activities, being among the most difficult procedures relevant to the work of law enforcement agencies, are usually conducted in conditions determined by a rapidly changing factual situation, high level of criminal conspiracy and the state of permanent risk to the hostage’s life, the saving of which is the ultimate objective of public officers. Due to these factors, covert policing related to this kind of cases — given its nature and its investigative potential — becomes extremely important. The author’s aim is to determine the essence and functions of covert policing, and in particular to present conditions which must be met to adequately process covertly obtained intelligence for the needs of criminal proceedings.


Author(s):  
Denis Mikhaylovich Denisov

In this study, the issues of the state of counteraction of law enforcement agencies of the Russian Federation to illegal trafficking in weapons, explosives and ammunition at the present stage are considered. Given the meetings directions of heads of divisions of law-enforcement agencies, Federal National Guard Troops Service, Federal Security Service, Public Prosecution Office, Security Council of the Russian Federation on the specified question. Noted the importance of prevention in this area of work, based on the past redundancy of personnel of the MIA of Russia and increasing the role of the public (voluntary people's patrol, private security company) in security issues. Among other things, were touched upon the issues of the negative impact of the global Internet network on the spread of illegal methods of manufacturing of weapons, ammunition and explosives. Presented the statistical data on detection and suppression of crimes under articles 222–226 of the Criminal Code of the Russian Federation. The purposes, causes and conditions of illegal arms trafficking, as well as the composition of criminal acts related to this type of illegal acts are considered, the gaps in the current legislation are pointed out. Examples of control preventive measures and their results are given. Particular attention is paid to the forms and methods of participation of private security guards and members of voluntary people's patrol in the prevention, prevention and suppression of the spread of illegal weapons, ammunition and explosives, as well as reducing the risk of accidents, crimes related to the use of socially dangerous objects and substances.


2016 ◽  
Vol 34 (17) ◽  
pp. 3547-3573 ◽  
Author(s):  
Julie L. Valentine ◽  
L. Kathleen Sekula ◽  
Lawrence J. Cook ◽  
Rebecca Campbell ◽  
Alison Colbert ◽  
...  

Following sexual assaults, victims are advised to seek health care services with forensic evidence collected and packaged in sexual assault kits (SAKs). This large ( N = 1,874), retrospective study examined rates of SAK submissions by law enforcement to the state crime laboratory for analysis from 2010 to 2013 at four sites in a Western state in the United States with established sexual assault nurse examiner (SANE) programs. Variables of legal and extralegal characteristics in sexual assault cases were explored through generalized estimating equations (GEE) modeling to determine what factors statistically predicted SAK submissions. For submitted SAKs, the length of time between the dates of assault and dates of submission was categorized, and bivariate and multivariate analyses were calculated to discover legal and extralegal characteristics affecting time of submission. The study sites represented 40% of the state’s law enforcement agencies and 65% of the state’s population. Out of the 1,874 SAKs in the study, only 38.2% were submitted by law enforcement to the state crime laboratory for analysis. When SAK submissions were examined based on time between assaults and submission dates, 22.8% were submitted within a year of the assault and 15.4% were submitted more than a year after the assault following media and community pressure for law enforcement agencies to submit SAKs in storage. Significant variability of SAK submission rates and the time submitted from the assault dates were found between the sites. Site location was found to be the main determinant of whether or not SAKs were submitted. The lack of SAK submissions for analysis results in justice denied for victims and raises public safety concerns. The finding that the location in which the sexual assault occurred was the primary factor on SAK submissions represents an inequity of justice.


2021 ◽  
Vol 15 (1) ◽  
pp. 202-209
Author(s):  
ANDREI V. SMIRNOV

Introduction: the paper analyzes current Russian legislation regulating the functioning of the institute of state service. Aim: to study federal legislative acts containing provisions that define the list of state bodies that are classified as law enforcement agencies, and to look into the reasons why the legislator abandons the term “law enforcement service”. Methods: general scientific and special methods, including comparative legal, comprehensive, logical methods, analysis and synthesis. Results: we reveal certain inconsistencies in the regulatory framework that make it difficult to establish common features and specifics of administrative and legal status of such bodies; these inconsistencies also impede further development of the theory of administrative law when studying the institution of state service. Conclusion: based on the analysis of the types of functional activities of state bodies, we conclude that the service in the prosecutor’s office is classified as the state service related to law enforcement activity; we note its similarity and difference in relation to the service in other state bodies that perform law enforcement functions, including institutions and bodies of the penal system. In line with the methodology of integrative legal understanding, we define the service in the prosecutor’s office as the professional activity carried out on behalf of the state by employees holding positions in authorized federal state bodies and empowered by law to apply state enforcement measures aimed at protecting law and order, human rights and freedoms, public and state interests, combating crimes and other offenses, or the professional activity related to the performance of the functions of internal administration and staffing of these bodies. We emphasize that such service is implemented in strict accordance with the rules established by administrative and legal norms, and on the basis of ethical principles and moral principles that form the orientation of employees toward achieving socially useful goals and interests of the state itself. Scientific and practical significance of the article lies in the fact that the conclusions made in it can be used in scientific, educational and law-making activities. Key words: state service; law enforcement agencies; law enforcement activities; control and supervisory activities; human rights activities; prosecutor’s office agencies; prosecutor’s office employees.


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