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.

scholarly journals Methods of Smuggling Narcotic Drugs, Psychotropic Substances, their Analogues and Precursors or Counterfeit Medicines and their Criminal Legal Characteristics

2020 ◽  
pp. 119-131
Author(s):  
Oleh OMELCHUK ◽  
Serhii KRUSHYNSKYI
Keyword(s):  
Law Enforcement Agencies ◽  
Drug Smuggling ◽  
Psychotropic Substances ◽  
Counterfeit Medicines ◽  
Relevant Today ◽  
Identification Documents ◽  
Illegal Activities ◽  
Business Entities ◽  
Drug Traffickers ◽  
Narcotic Drugs

The concept of ways to commit drug smuggling, psychotropic substances, their analogues and precursors or counterfeit medicines that are present in scientific circles is analyzed. The main methods of drug smuggling and their detailed characteristics among the general classification are established and subspecies of ways to commit drug smuggling, which are relevant today, have been established and analyzed. At the same time, each subspecies is described and a clear example is given, which demonstrates the public danger of a particular way of committing drug smuggling. It was established that every year drug traffickers invent even more audacious ways to commit drug smuggling, while involving customs officers and law enforcement agencies in their illegal activities. Also, taking into account the unstable situation in the occupied territories of Ukraine and the realities of today, other illegal ways of smuggling counterfeit medicines have been established, which is quite a dangerous phenomenon. It is determined that the most appropriate and convenient way for the smuggling movement of counterfeit medicines is to forged customs identification documents and the use of fictitious business entities, which is an acute problem and requires new ways to solve this problem, as well as improvement of the legislation itself and the legal system as a whole. The methods of qualification of the above-mentioned offences under criminal law are analyzed and shortcomings regarding such qualifications are identified. A clear example and reasonably the need to make appropriate changes to the current norm, which provides for the responsibility for the smuggling of narcotic drugs, psychotropic substances, their analogues and precursors or counterfeit medicines, followed by the prospect of their use.

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 El orden público bajo la amenaza de la criminalidad organizada

2013 ◽  
Author(s):  
Julián López Muñoz
Keyword(s):  
United Nations ◽  
Criminal Law ◽  
Organized Crime ◽  
Criminal Organization ◽  
The State ◽  
Public Order ◽  
The Public ◽  
The United Nations ◽  
Derecho Penal ◽  
Legal Right

Existe la necesidad de crear un concepto o definir, en términos jurídicos, el significado de crimen organizado, en sentido global. A pesar de que Naciones Unidas lo ha intentado, no todos sus países miembros han seguido el mandato. España ha incluido en su Derecho Penal un nuevo tipo delictivo: la organización y el grupo criminal. El orden público, como bien jurídico superior, se verá con esta medida protegido y también el Estado se verá defendido de la acción desestabilizadora procedente de la «gran criminalidad».There is a need to create a concept or define globally, in legal terms, the meaning of the organized crime. Despite the United Nations have attempted it, not all the Member Countries have followed their mandate. Spain has included in its Criminal Law a new category of offence: the criminal organization and group. The public order, as a superior legal right, will be protected by this measure and also, the State will be defended against the destabilizing action from the «great criminality».

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.

Drugs and Crime

2019 ◽  
pp. 266-284
Author(s):  
Martin Jelsma ◽  
David Bewley-Taylor
Keyword(s):  
Organized Crime ◽  
Crime Control ◽  
Drug Control ◽  
Transnational Organized Crime ◽  
Psychotropic Substances ◽  
Issue Area ◽  
Drugs And Crime ◽  
Control Regime ◽  
Illicit Traffic ◽  
Narcotic Drugs

This chapter discusses the relatively little-known convention framework focusing on the traditionally connected issues of drugs and crime and the differing consequences of treaty flexibility within each domain. It begins with an overview of the evolution and expansion in scope of the international drug control regime and its structural focus on narcotic drugs, psychotropic substances, and illicit traffic in both. A range of growing tensions are discussed as views of the issue area among member states diverge and systemic dissonance across the UN becomes more obvious, particularly in relation to human rights. The chapter then moves on to examine the development of the transnational organized crime and corruption regime and assessment of the conventions upon which it is based. It concludes by looking to the future with a discussion of some of the available options to address tensions within the drug control regime, including what lessons might be learned from the governance structures of their sister crime control conventions.

Limits of punishability of theft of narcotic drugs and psychotropic substances

2019 ◽  
pp. 16-21
Author(s):  
Ольга Александровна Беларева
Keyword(s):  
Russian Federation ◽  
Criminal Code ◽  
Uniform System ◽  
Psychotropic Substances ◽  
Official Position ◽  
The Supreme Court ◽  
The Russian Federation ◽  
Broad Interpretation ◽  
The One ◽  
Narcotic Drugs

В статье рассматриваются вопросы влияния формы хищения, его квалифицирующих признаков на определение законодателем пределов наказуемости хищения наркотических средств. Автор выделил некоторые недостатки, допущенные при конструировании уголовно-правовой нормы, предусматривающей ответственность за хищение наркотических средств. В статье рассмотрены некоторые конкретные ситуации, демонстрирующие парадоксальность решения законодателя отказаться от конкретизации форм хищения при квалификации по ст. 229 УК РФ и установить единую систему квалифицирующих признаков для всех способов изъятия наркотических средств. Критическую оценку получило расширительное толкование Верховным судом РФ квалифицирующего признака «с использованием служебного положения». С одной стороны, такое понимание данного признака ставит под сомнение возможность квалификации по ч. 1 ст. 229 УК РФ хищения наркотических средств в форме присвоения или растраты, поскольку сразу переводит на квалификацию по п. «в» ч. 2 ст. 229 УК РФ. С другой стороны, при таком подходе присвоение и растрата наркотических средств становятся более опасным хищением, чем открытый ненасильственный грабеж. Автор также отмечает, что возможности суда по учету степени общественной опасности хищения наркотических средств в форме разбоя существенно ограничены. Единые пределы наказуемости не позволяют в должной мере учесть признаки, повышающие степень опасности такого хищения. Автор приходит к выводу, что ст. 229 УК РФ нуждается в корректировке, как в части формулирования диспозиций, так и в части пересмотра санкций, с учетом существенно различающегося характера и степени общественной опасности предусмотренных в ней деяний. The article deals with the influence of the form of theft, its qualifying features on the determination by the legislator of the limits of punishability of theft of narcotic drugs. The author highlighted some shortcomings in the construction of criminal law, providing for liability for theft of drugs. The article deals with some specific situations that demonstrate the paradoxical decision of the legislator to refuse to specify the forms of theft in the qualification of Art. 229 of the Criminal Code and to establish a uniform system of qualifying signs for all seizures of narcotic drugs. Critical assessment received broad interpretation by the Supreme Court of the Russian Federation qualifying feature “using official position”. On the one hand, this understanding of this feature casts doubt on the possibility of qualification under part 1 of article 229 of the criminal code of theft of drugs in the form of appropriation or embezzlement, as immediately translates to the qualification under pt. 2 of Art. 229 of the Criminal Code. On the other hand, with this approach, the appropriation and embezzlement of drugs become more dangerous theft than open nonviolent robbery. The author also notes that the court's ability to take into account the degree of public danger of theft of drugs in the form of robbery is significantly limited. Uniform limits of punishability do not allow to take into account properly the signs increasing degree of danger of such plunder. The analysis of questions of punishability of theft of narcotic drugs convinces that Art. 229 of the Criminal Code of the Russian Federation needs correction, both regarding formulation of dispositions, and regarding revision of sanctions, taking into account essentially differing character and degree of public danger of the acts provided in it.

scholarly journals Problems of qualification of crimes committed in the sphere of cryptocurrency turnover

2019 ◽  
pp. 125-131
Author(s):  
Madina Dolgieva
Keyword(s):  
Criminal Code ◽  
Psychotropic Substances ◽  
Fiat Money ◽  
Judicial Practice ◽  
Form Part ◽  
The Subject ◽  
The Russian Federation ◽  
Goals And Objectives ◽  
Cost Characteristics ◽  
Narcotic Drugs

The article is devoted to the problems of qualification of various types of theft of cryptocurrency, theft of funds committed using cryptocurrency. The article deals with crimes related to the illegal sale of drugs for cryptocurrency and raises the question of the absence in the act of the offense under article 1741 of the Criminal code of the Russian Federation. The author studies the concepts of cryptocurrency and property within the framework of existing scientific opinions and analyzes the versatile judicial practice, which, in particular, tends to classify cryptocurrencies as types of property. The goals and objectives of the study are to determine the range of features and properties of the objects of crimes committed with the use of cryptocurrency, as well as committed against the cryptocurrency as an object of infringement. In the preparation of the article, mainly formal logical methods were used, as a result of which the author analyzes social and legal phenomena. The author concludes that the main feature of the evaluation of the object of crimes in sphere of circulation of cryptocurrency, is the presence of his property and cost characteristics, the possibility of determining the damage for the proper qualification of the offense. It is concluded that cryptocurrency may be the subject of corruption offenses on the basis of scientifically substantiated opinions about the presence of the paid nature of the benefit provided by the cryptocurrency. It is argued that the actions associated with the sale of narcotic drugs and psychotropic substances for cryptocurrency and subsequent actions to transfer cryptocurrency to Fiat money do not form part of the crime providing for liability for the legalization of proceeds from crime.

scholarly journals Proof during the prejudicial inquiry of smugglingof narcotic drugs, psychotropic substances, their analogs, or precursors under the legislation of Ukraine

2021 ◽  
Vol 10 (39) ◽  
pp. 159-168
Author(s):  
Oleg Reznik ◽  
Maksym Pochtovyi ◽  
Kateryna Yanishevska ◽  
Andrii Butyrskyi
Keyword(s):  
Social Relations ◽  
Criminal Code ◽  
Criminal Prosecution ◽  
Scientific Methods ◽  
Psychotropic Substances ◽  
Procedural Support ◽  
The Subject ◽  
Narcotic Drugs

The object of the study is social relations regarding the prejudicial inquiry of smuggling narcotic drugs, psychotropic substances, their analogs or precursors. It has been found that there are scholars who choose different definitions for interpreting the nature of the proof, but are unanimous about the role of this process in proving a person’s guilt and choosing an adequate punishment. The authors use a set of scientific methods of modern epistemology as well as comparative, special legal, logical and other methods. We propose to analyze all the circumstances that are subject to proof during the prejudicial inquiry of smuggling of narcotic drugs, psychotropic substances, their analogs, or precursors. In this paper must identify the general grounds that must be proved in each crime and the specific circumstances that are important to prove only in the case of smuggling narcotic drugs, psychotropic substances, their analogs, or precursors. The conclusion is made about the importance of proper procedural support of criminal prosecution of persons who have committed a crime under Article 305 of the Criminal Code of Ukraine. Therefore, we propose to include in the subject of evidence for the prejudicial inquiry.

scholarly journals Conditional early release from punishment: the interpretation of the terms of application

2021 ◽  
Vol 5 (2) ◽  
pp. 185-191
Author(s):  
A. O. Beketov ◽  
K. N. Karpov ◽  
E. V. Stebeneva
Keyword(s):  
Public Relations ◽  
Criminal Law ◽  
Criminal Code ◽  
Scientific Methods ◽  
Psychotropic Substances ◽  
Sufficient Degree ◽  
Scientific Results ◽  
The Moment ◽  
The Right ◽  
Narcotic Drugs

The subject of the research is the public relations governing the serving of the sentence by the convicted person and the exercise of the right to parole.The purpose of the article is to determine the content and formulate proposals for improving the criminal legislation and the practice of its application on the basis of established approaches to the interpretation of the conditions for the application of parole, provided for in Art. 79 of the Criminal Code of the Russian Federation. The hypothesis of the research is the legislative wording of the conditions for the application of parole, provided for by Russian Criminal Code (paragraph "g" of Part 3 of Art. 79) – “at least three-quarters of the sentence imposed for crimes against the sexual inviolability of minors, as well as for grave and especially grave crimes related to the illegal circulation of narcotic drugs, psychotropic substances and their precursors” – do not have a sufficient degree of specificity and does not allow to unambiguously determine the moment of emergence of the right to parole.The methodology. General scientific methods (analysis, synthesis, induction, deduction) as well as private scientific methods of criminal law research (formal-legal and linguistic interpretation of legal acts) – were used. The authors propose to correct the provisions of the Russian Criminal Code and to consolidate the content of the concepts used in the criminal law on the basis of the analysis of various normative legal acts, acts of judicial interpretation and provisions of the doctrine of criminal law.The main scientific results. During the analysis of the provisions of Part 3 of Art. 79 of the Russian Criminal Code, regulating the conditions for the application of parole, the authors reveal a number of inaccuracies in the provisions of the criminal law. Such inaccuracies do not allow to unambiguously determine the grounds for parole of persons who have com-mitted crimes against the sexual integrity of minors, as well as persons who have committed grave and especially grave crimes connected with the illegal circulation of narcotic drugs, psychotropic substances and their precursors. The content of the prescriptions of clause "g" of Part 3 of Art. 79 of the Russian Criminal Code does not have an exact legislative basis, and the interpretation given by the judicial authorities does not always allow us to exclude the uncertainty of the concepts used.Conclusions. The contradictions were identified by the authors related to the inaccuracy of the legislative prescriptions used in determining some conditions for the application of pa-role. The authors conclude the need to amend the criminal law and formulated proposals that clarify the wording of Art. 79 of the Russian Criminal Code. Such corrections will eliminate the duality of understanding of certain conditions of parole and increase the effectiveness of law enforcement practice in this area.

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