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 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.

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 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.

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 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 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 Criminal liability for unlawful operations with securities

2020 ◽  
pp. 1-10
Author(s):  
Eleonora Romanovna Vinner
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Liability ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Criminal Code ◽  
The Subject ◽  
The Russian Federation ◽  
Key Aspects

The subject of this research is differentiation by key aspects of criminal liability for unlawful operations with securities established by the Criminal Code of the Russian Federation. Conceptual, special-legal, and technical-legal aspects of criminal liability for unlawful operations with securities are highlighted. Research is conducted on the problematic of the applicability of proposed differentiation for improvements of doctrinal and normative legal approaches towards regulation of criminal liability for unlawful operations with securities. Based on the conducted differentiation, proposals are made for promising vectors of improvements to the provisions criminalizing unlawful operations with securities. The scientific novelty of this research consists in the following: based on the study carried out within the framework of conceptual, special-legal, and technical-legal aspects of criminal liability for unlawful operations with securities, the author determines the problems pertaining to incompliance of administrative legal and criminal legal regulation of liability for unlawful operations with securities due to textual ambiguity of the norm of criminal law, based on which the recommendation is made to amend Part 1 of the Article 185.1 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 SEXUAL AND AGE CHARACTERISTICS OF PERSONS COMMITTING SMUGGLING OF DRUGS, PSYCHOTROPIC SUBSTANCES AND THEIR ANALOGUES OR PRECURSORS

2020 ◽  
Vol 2 (4(106)) ◽  
pp. 44-52
Author(s):  
А. М. Шалай
Keyword(s):  
Effective Means ◽  
Criminal Code ◽  
Criminal Offenders ◽  
Psychotropic Substances ◽  
The Past ◽  
Criminal Offenses ◽  
Gender And Age ◽  
Illicit Trafficking ◽  
Narcotic Drugs

The relevance of the article is that the characterization of the offender is one of the most important elements of the criminological characterization of any type of crime. This process is important for criminology, as appropriate and effective means of preventing any type of crime cannot be developed without taking into account the specific personality traits of criminals that are specific to certain groups of criminal offenders and distinguish them from other criminals and law-abiding citizens. The above should also apply to persons who smuggle drugs, psychotropic substances and their analogues or precursors. The purpose of the article is to investigate some components of the criminological characteristics of persons who smuggle drugs, psychotropic substances and their analogues or precursors in Ukraine, namely their gender and age characteristics. Some components of the criminological characteristics of persons who smuggle drugs, psychotropic substances and their analogues or precursors in Ukraine, namely their gender and age characteristics, have been studied. It is established that the share of women who commit this act, among the total number of convicts under Article 305 of the Criminal Code of Ukraine, is significantly less than among persons who commit criminal offenses related to illicit trafficking in narcotic drugs, psychotropic substances, their analogues or precursors, as well as all criminal acts combined, and is only 7.6%. The share of persons aged 18 to 39 in the smuggling of narcotic drugs, psychotropic substances and their analogues or precursors is more than three quarters - 75.8%, and is the highest compared to the average age of all criminals in general and persons who commit drug crimes, in particular. It is concluded that over the past ten years, we can distinguish such a feature of the crime that the share of women who commit it, among the total number of convicts under Article 305 of the Criminal Code of Ukraine, is significantly less than among those who commit criminal offenses. related to illicit trafficking in narcotic drugs, psychotropic substances, their analogues or precursors, as well as all criminal acts in total, and is only 7.6%. That is, the ratio of the level of criminal offenses under Article 305 of the Criminal Code of Ukraine committed by women to the level of similar criminal acts committed by men is not 1: 7, as in all criminal acts, but is approximately 1:11.

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.

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