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 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.

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 Countering the illicit traffic in narcotic drugs and psychotropic substances in Russia: historical, legal and international legal aspects

2019 ◽  
Vol 2019 (2) ◽  
pp. 138-146
Author(s):  
Виктор Емельянов ◽  
Victor Emelyanov
Keyword(s):  
Illicit Drugs ◽  
Legal Aspects ◽  
Criminal Code ◽  
Soviet Period ◽  
Legal Analysis ◽  
Historical Method ◽  
Psychotropic Substances ◽  
Definition Of ◽  
Illicit Traffic ◽  
Narcotic Drugs

Illicit traffic in narcotic drugs and psychotropic substances is an international and national problem. Russia has ratified a number of international legal instruments providing the control of illicit drugs and substances. Within the framework of national legislation, it has developed two strategies: to reduce illicit drug demand and supply. International counteraction of illicit traffic in narcotic drugs and psychotropic substances is a system of normative legal acts. However, the legislative differences of the States participating in international cooperation reduce their effectiveness. Considering international recommendations, Russia in the Soviet and post-Soviet period improved its anti-drug legislation. With the use of the historical method, the terminology of the criminal law is supplemented by the systematization of the Russian criminal legislation in the field of combating illicit traffic in narcotic drugs and psychotropic substances in various historical periods. Using a comparative legal analysis, periods of development of international legal conventional cooperation were identified. The conclusion about an international attempt to weaken international and national control over illicit trafficking in narcotic drugs and psychotropic substances aimed at eliminating the system of international drug safety is made. Formal element of a definition of a crime under articles 228 and 228.1 of the current Criminal code of the Russian Federation are analyzed in the article. The results of comparative legal analysis of given above articles’ dispositions and sanctions are introduced.

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 SANCTIONS FOR ILLEGAL CONDUCT WITH POISONOUS AND DRASTIC SUBSTANCES OR POISONOUS AND DRASTIC PHARMACEUTICAL DRUGS

2020 ◽  
pp. 109-118
Author(s):  
Maryna Bondarenko ◽  
Keyword(s):  
Criminal Law ◽  
Research Methodology ◽  
Criminal Liability ◽  
Criminal Code ◽  
General Concept ◽  
Pharmaceutical Drugs ◽  
Legal Sanction ◽  
Analysis And Synthesis ◽  
Definition Of ◽  
Criminal Legislation

The article is devoted to the investigation of criminal legal norm, namely, to one of its parts – sanction. In this aspect, a brief overview of general theoretical problems is made, their importance and prospects in further study for science and practice are shown. The aim of the article: to analyze the general concept of criminal legal sanction, to investigate the sanctions of norms provided by Art. 321 of the CC of Ukraine, to identify the shortcomings of their design and to suggest ways of their improvement. The research methodology: historical-legal, comparative-legal, logical ones, the method of analysis and synthesis. The definition of the concept of sanction is described, as well as what types of sanctions exist, which prevail in the norms of the law of Ukraine on criminal liability, etc. In addition, the peculiarities of the sanction design, in particular in comparison with foreign criminal legislation, and the existing shortcomings in the domestic criminal law are provided. In total, this provided an opportunity to analyze Art. 321 of the Criminal Code of Ukraine (hereinafter – the CC of Ukraine), and to formulate ways to improve it. The main results: to apply the experience of foreign criminal law, which provides the gradation of even each type of punishment, the use of arithmetic rules to increase and decrease the amount of punishment in case of existence of mitigating or aggravating circumstances, etc., at least for the most common crimes.

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 Qualification of Smuggling of Narcotic Drugs, Psychotropic Substances, their Analogues and Precursors or Counterfeit Medicines Committed in Complicity and in Conjunction with Other Crimes

2020 ◽  
pp. 286-296
Author(s):  
Oleh OMELCHUK ◽  
Serhii KRUSHYNSKYI
Keyword(s):  
Organized Crime ◽  
Transnational Crime ◽  
Criminal Organization ◽  
Criminal Code ◽  
Drug Smuggling ◽  
The Public ◽  
Psychotropic Substances ◽  
Counterfeit Medicines ◽  
Over Time ◽  
Narcotic Drugs

The forms of complicity in which the smuggling of narcotic drugs, psychotropic substances, their analogues and precursors or counterfeit medicines may be analyzed and described, namely: by a preliminary conspiracy by a group of persons, as part of an organized crime group and a criminal organization. Their main features are established, by which it is possible to distinguish between and distinguish between a particular form of complicity for further correct qualification of unlawful acts. At the same time, there are some examples of drug smuggling in complicity. Also, the examples of criminal offences stipulated by the current Criminal Code of Ukraine, which are most often committed with the smuggling of narcotic drugs, namely: committing drug smuggling with the participation of officials, obtaining illegal benefits, falsification of medicines with further illegal transportation abroad, financing of terrorist activities, as well as illegal handling of weapons in the commission of the above-mentioned crime, hooliganism. The public danger of such actions is substantiated and established, which causes the need to consider further ways to improve the current legislation in the fight against drug smuggling, which over time becomes a significant scale and negative trends. At the same time, foreign legislation providing for the use of weapons in the commission of drug smuggling is analyzed. The above material was described and a reasonable conclusion was made that the current norm, which provides for the responsibility for the smuggling of narcotic drugs, requires necessary improvements and changes to effectively combat the phenomenon of transnational crime and the correct qualification of the actions of guilty persons.

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