CRIMINAL LIABILITY FOR CRIMES IN THE FIELD OF ILLICIT DRUG TRAFFICKING: THE HISTORY OF THE FORMATION OF LEGISLATION

Author(s):  
Анна Владимировна Мусалева

Преступность, связанная с незаконным оборотом наркотических средств и психотропных веществ, традиционно занимает достаточно большую долю в общей структуре как национальной, так и международной преступности. Несмотря на принимаемые совместными усилиями правоохранителей разных стран меры, ежегодный наркотрафик демонстрирует стабильную динамику роста. В последние годы размах торговли наркотиками в мире достиг невообразимых масштабов - более 560 млрд долларов в год, что причиняет огромный ущерб экономике стран с высоким уровнем заболевания наркоманией. Государство вынуждено тратить огромные средства на сдерживание наркотизации, что также отнимает силы и ресурсы. Криминологические исследования наркопреступности показывают рост всех показателей, ее характеризующих, как в мире в целом, так и в отдельных странах. Более того, наркотизация общества влечет за собой целый ряд крайне негативных социальных явлений: распространение ВИЧ-инфекции, резкое снижение уровня здоровья населения, моральную деградацию и падение нравственности в обществе и многие другие. Среди наиболее опасных проявлений и тенденций развития современной наркопреступности можно выделить следующие: повсеместное внедрение информационных технологий в нашу жизнь вооружило торговцев наркотиками новыми способами «удаленного» сбыта, а также практически безграничными возможностями по рекламе и продвижению своего преступного «товара»; во-вторых, нельзя не заметить ориентированность наркобизнеса на максимально широкое вовлечение молодежи в наркопотребление. В статье автор проводит анализ конкретных исторических этапов развития уголовного законодательства в части борьбы с незаконным оборотом наркотиков. Crime related to illicit trafficking in narcotic drugs and psychotropic substances traditionally occupies a fairly large share in the overall structure of both national and international crime. Despite the measures taken by the joint efforts of law enforcement agencies of different countries, the annual drug trafficking shows a stable growth dynamics. In recent years, the scale of drug trafficking in the world has reached unimaginable proportions - more than 560 billion dollars a year-which causes huge damage to the economies of countries with a high level of drug addiction. The State is forced to spend huge amounts of money to curb drug addiction, which also takes away forces and resources. Criminological studies of drug crime show an increase in all indicators that characterize it, both in the world as a whole and in individual countries. Moreover, the narcosis of society entails a number of extremely negative social phenomena: the spread of HIV infection, a sharp decline in the level of public health, moral degradation and a decline in morality in society, and many others. Among the most dangerous manifestations and trends in the development of modern drug crime, the following can be distinguished: the widespread introduction of information technologies into our lives has armed drug traffickers with new ways of «remote» sales, as well as almost limitless opportunities for advertising and promoting their criminal «goods»; secondly, it is impossible not to notice the orientation of the drug business to the widest possible involvement of young people in drug use. In the article, the author analyzes specific historical stages of the development of criminal legislation in the fight against drug trafficking.

2020 ◽  
Vol 73 (4) ◽  
pp. 95-102
Author(s):  
Andriy Danylevskyi ◽  
◽  
Yuliya Danylevska ◽  

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.


Author(s):  
Viktoriya Senko

The article is devoted to the analysis and generalization of the results of research on the state of combating drug crimes in Ukraine. The causes and conditions of drug addiction in terms of social phenomena in modern society are analyzed. Statistics on the commitment of crimes of drug trafficking are provided. Regarding some ways about improvement the fight against drug crimes are proposed. 23,163 cases of law violations in the field of drug trafficking and circulation of narcotic drugs were recorded in Ukraine during 2019. Among the general crime structure in Ukraine, drug trafficking crimes consistently take second place after crimes against property and has 12-14 % in total. This situation absolutely facilitates by the presence of organized crime in the country. Every year around 400 criminal groups and crime organizations are revealed, most of which are related to the illegal drug business. This fact indicates the group’s interest in the existence of such phenomena as drug addic-tion, to earn huge amount of money. Current situation is due of presence of an extensive network of drug trafficking both abroad and in the country. The reason of that is the fast development of excess profits (annual turnover of drug dollars in the world is over 500 billion US dollars, for Ukraine this number is about 1 billion US dollars). The public danger of drug trafficking is that it causes drug addiction of a huge part of the population of Ukraine, provokes the penetration of drug subculture on potential drug users, penetrates into educational institutions, the environment of gambling and entertainment business, it is related with general crime, contributes to HIV and AIDS. Unfortunately, presented information indicates that drug addiction and related drug businesses are potential threat to the national security of our country. There are not so many years for our country to correct current state, and to take under control the situation with drug trafficking, psychotropic substances, precursors and their analogues.


2021 ◽  
Vol 14 (4) ◽  
pp. 56-62
Author(s):  
T. M. Klyukanova ◽  
O. O. Mikhailova

The authors consider methods of legal regulation of crimes and types of international cooperation in the fight against them. The paper also highlights international measures aimed at implementing antiterrorist cooperation and combating illegal drug trafficking. The main goal is to determine the legal mechanisms for the prevention of these socially dangerous phenomena both at the local and interstate levels. The object of the research is the social relations that develop in connection with and about the peculiarities of crimes that infringe on international security. The subject of the research is the norms of modern Russian criminal law and the norms of international law. The scientific works of the authors listed in the references represent a solid theoretical and methodological basis for this research. However, research into the features of crimes should continue, since not all problematic issues in this area have been resolved. The author examines the concept, content and general features of international crimes that infringe on international security; defines the role of the UN (United Nations) and other organizations engaged in international legal regulation in the fight against international crimes; defines the features of the interstate organizations activities to prevent terrorism and illicit trafficking in narcotic and psychotropic substances. It is concluded that terrorism and illicit drug trafficking are most widespread among international crimes. The authors draw conclusions on the need to perform preventive activities aimed at preventing the Commission of international crimes, as well as on the implementation of a direct fight against such crimes through «detection, prevention, suppression, disclosure and investigation». Summarizing the authors’ points of view on the subject of criminal liability for acts of terrorism and drug trafficking, it should be noted that restraint measures, as well as strengthening responsibility measures, should be preceded by a set of preventive measures. It should also be understood that the effectiveness of anti-terrorist and anti-drug policies in the world, including in terms of the regulation of criminal liability measures, should be supported and approved by the population. To improve the legal structures of crimes that infringe on international security in the countries of the world community, it is necessary to positively perceive the international experience of various states in regulating measures of criminal responsibility and countering the spread of these acts.


Author(s):  
M. Zelena

This article outlines current issues of research on computer traces in the investigation of crimes at the stage of pre-trial investigation related to illegal trafficking of narcotic drugs, psychotropic substances or their analogues. The main ways of conducting drug trafficking in Ukraine using modern information technologies, that is, using computer technology (mostly mobile devices, personal portable computers) and software products (programs for communicating by means of calls and messages through the Internet, Web browsers, etc.) on the World Wide Web are analyzed. Based on the analysis of research and publications of scientists as well as on the basis of empirical research during computer forensic investigations connected with investigation of illegal distribution of narcotic drugs, methods of illicit goods distribution on the Internet along with methods for investigating computer technologies, which directly relate to drug trafficking using modern information technologies, has been considered. Types of data that can be extracted using specialized software in laboratories of computer research during computer forensic investigation, and which, in turn, can function as factual data and is the evidence of commission of crimes related to drug trafficking, psychotropic substances or their analogues are considered, namely, we are talking about such data as: information from messenger programs, web browsers, text messages, as well as from user files (including graphic, audio and video files); In addition, guiding questions that can be addressed to a forensic expert while computer forensic investigation in criminal investigations related to illegal production, manufacture, purchase, storage, transportation, transfer, sale of narcotic drugs, psychotropic substances or their analogues are suggested.


2019 ◽  
Vol 2 (87) ◽  
pp. 55
Author(s):  
Andrei Dziadkouski

The paper deals with the problem of countering the illicit drug trafficking, psychotropic substances, their precursors and analogues in the Eurasian Economic Union countries. The authors, basing on the statistical data analysis, demonstrated an increase in the number of drug addicts; it is shown that drug addiction is a global problem nowadays. The constant   increase of registered criminal acts related to drugs and their cross-border nature make it necessary to develop cooperation in combating the illicit distribution of drugs, harmonizing and unifying legal norms in this area, especially within the framework of the Eurasian Economic Union. A comparative legal analysis of the criminal law governing liability for drug trafficking in the EAEU countries shows the diversity of legislative structures in the key elements of the crimes under consideration. The issues of personal non-medical use liability, the subject of crimes, the criminalization of individual acts related to drug trafficking, should be the subject of discussion on developing a unified approach of criminal law to counter the analyzed crimes in the EAEU countries.


Author(s):  
P. Khriapinskiy ◽  
S. Shkola

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.


Author(s):  
Сайд-Магомед Исламович Мусаев

В статье исследованы отдельные уголовно-правовые особенности противодействия наркомании и наркотической преступности в нашей стране. Даны предложения по принятию мер, направленных на противодействие незаконному обороту наркотических средств и распространению наркомании в России. The article examines individual criminal law features of counteracting drug addiction and drug crime in our country. Proposals are given on the adoption of measures aimed at countering drug trafficking and the spread of drug addiction in Russia.


Author(s):  
Vladislav Igorevich Malik ◽  
Vitaliy Fedorovich Vasyukov

Today, the issue of drugs distribution through the Internet is especially urgent, since the World Wide Web has become an integral part of the life of the population, especially among adolescents and the youth. The article reveals the problem of the contact-free sale of narcotic drugs through virtual networks, which poses a threat to state and public security. Factors for the growth of cybercrime in the fi eld of drug trafficking have been identifi ed. The author defined the main aspects of the state legal regulation of committing drug crimes in the Internet space. English version of the article on pp. 80-84 available at URL: https://panor.ru/articles/usage-of-information-technologies-in-narcotic-drug-crime-system-as-a-threat-to-public-security/61600.html


Author(s):  
V. I. Onoprienko

An expansion of information technologies in the world today is caused by progress of instrumental knowledge. It has been arisen a special technological area of knowledge engineering, which is related to practical rationality and experts’ knowledge for solving urgent problems of science and practice.


Author(s):  
Tetyana Jezhyzhanska

In the information society the status of information is changing: this main value of global civilization becomes an important resource of socio- economic, technological and cultural development. The rapid development of virtual technologies and the growing number of Internet users in Ukraine and in the world causes the new challenges to communication of each organization. The book publishers are also obliged to respond to these processes. However, the works devoted directly to publishers’ communication in the modern media space are still lacking in Ukraine. The objective of the article is to clarify peculiarities and conditions of the activities of Ukrainian book publishers in today’s media space which is an important issue today. It is analyzed the literature and sources on this issue and it is ascertained the theoretical and practical possibilities to take into account the trends in the world of modern media in the PR-activity of book publishers. Also the prospects for further scientific study and practical use of PR-communications in the activity of publishers are determined. The analysis of current changes in the modern information space allows us to trace the general tendencies: the new subject and object areas are formed; the number of subjects is expanded; the new formats of interaction within the system of communications of the organization and in society as a whole are created. That means that publishing house’s PR-communications are complicated by the emergence of new elements, such as active audience, social networks as communication channels, promotions on the Internet and others. PR communication in the Internet space is the most effective and inexpensive tool for interaction of publishers with active audiences. Thus, the activation of PR communication in the modern media space is associated with the emergence of the latest information technologies, online media as well as development of Internet. The use of online channels of Internet for communication with the target audience of publishing organizations has certain advantages over traditional media. At the same time, it is necessary to take into account the information saturation of media space, which complicates the way of PR-messages of book publishers to the reader.


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