scholarly journals The main stages of development of the institute of administrative responsibility for illicit trafficking in narcotic drugs and psychotropic substances

Legal Ukraine ◽  
2020 ◽  
pp. 24-32
Author(s):  
Kateryna Prystinska
Keyword(s):  
Drug Trafficking ◽  
Legal Regulation ◽  
Stages Of Development ◽  
Psychotropic Substances ◽  
The Russian Empire ◽  
The Times ◽  
Administrative Code ◽  
Illicit Trafficking ◽  
Illicit Drug Trafficking ◽  
Administrative Responsibility

The article considers the main stages of development of administrative liability for illicit drug trafficking. There are three stages: 1) pre-revolutionary; 2) soviet; 3) the times of independent Ukraine, which differed in approaches to administrative responsibility in this area. It is shown that the process of drug use began in the archaic period, by conducting magical, religious rites, ritual and healing ceremonies in order to achieve mental reactions and trance. During the stay of Ukrainian lands in the Russian Empire, they were subject to the rules of imperial law, which provided for fines, confiscation of materials and devices used in such offenses. The provisions of the Administrative Code of the USSR of 1927, the Code of the Ukrainian VTS on administrative violations of 1984 and the current Code of Administrative Offenses, which reflect the rules of administrative liability for violations in this area. It is shown that during the period of independent Ukraine, administrative and legal activities in the field of combating drug trafficking were conducted in the following areas: licensing activities; the order of transportation of drugs; regulation of their circulation; creation of a public authority whose task was to control the circulation of drugs and legal regulation of their use. Key words: administrative responsibility, drugs, rites, traditions, treatment, rehabilitation, volumes of narcotic substances.

scholarly journals Criminal-legal counteraction to illegal trafficking of narcotic and psychotropic substances in the Russian Federation

2021 ◽  
Vol 7 (Extra-E) ◽  
pp. 219-233
Author(s):  
Dina Alontseva ◽  
Olga Lavrishcheva
Keyword(s):  
Russian Federation ◽  
Drug Trafficking ◽  
Legal Regulation ◽  
Illegal Drug ◽  
Dialectical Method ◽  
Methodological Basis ◽  
Psychotropic Substances ◽  
General Scientific ◽  
The Russian Federation ◽  
Illicit Trafficking

The article substantiates that the existing nationwide system of countering illegal drug trafficking (including psychotropic substances) in Russia needs to be re-evaluated and improved considering the changing situation. The methodological basis of the research was made up of general scientific, private and special methods of cognition. The general scientific dialectical method allowed us to consider the problem of legal relations arising in the field of legal regulation of countering crimes in the field of illicit trafficking in narcotic and psychotropic substances. On the basis of the conducted research, modern general social, individual and special criminological measures were developed to prevent crimes related to illegal (illegal) drug trafficking (including psychotropic substances), the use of which together will lay the foundation for the harmonization of existing domestic legislative acts in order to increase the level of coherence in the actions of state authorities in this area.

scholarly journals Features of Qualification and Prevention of Smuggling of Narcotic Drugs, Psychotropic Substances: their Precursors or Analogues

2020 ◽  
Vol 38 (Especial II) ◽  
Author(s):  
Khayrullina Rezeda Gazinurovna ◽  
Kravchenko Olga Dmitrievna ◽  
Tobolskaya Victoria Valerievna ◽  
Nedorezova Olga Yuryevna
Keyword(s):  
Information Technologies ◽  
Illicit Drug ◽  
The State ◽  
Negative Consequences ◽  
Psychotropic Substances ◽  
State Revenue ◽  
Analytical Research ◽  
Illicit Trafficking ◽  
Illicit Drug Trafficking ◽  
Narcotic Drugs

The article is dedicated to the consideration of factors influencing the state of the situation in Russia in the field of detection and repression of the smuggling of narcotic drugs, psychotropic substances, their precursors, and analogues. In the methodological field it is an analytical research based on documentary, close to legal hermeneutics. Specifically, thearticle analyses Russian legislation, offers options to solve problems in the field of smuggling narcotic drugs, psychotropic substances, their precursors, and analogues. The authors consider the real problems of countering the drug threat, which is currently a serious obstacle to the development of the state. By way of concluding the nature and magnitude of the negative consequences, illicit trafficking in narcotic drugs, psychotropic substances, their precursors, and analogues can be classified as direct threats to national security. Today, the issues of countering the illegal circulation of narcotic drugs, using modern information technologies, improving mechanisms to convert goods obtained from illicit drug trafficking into state revenue are relevant.

scholarly journals On the issue of the state and legal regulation of petty bourgeois' self-government in the Russian Empire

2019 ◽  
pp. 205-209
Author(s):  
Natal'ya N. Okutina
Keyword(s):  
Local Government ◽  
Public Participation ◽  
Legal Regulation ◽  
Russian Empire ◽  
The State ◽  
Stages Of Development ◽  
Historical Experience ◽  
The Russian Empire ◽  
Class Nature

This article examines the formation and development of the petty bourgeois' self-government of the late 18th — the early 19th centuries. The author made an attempt to reveal the main stages of development of petty bourgeois' self-government in Russia within the framework of the proposed periodisation. The paper analyses the main legal acts and the changes they make to the legal regulation of the activities of the local government bodies within a certain historical framework. The author provides an analysis of the legal regulation of issues of an intra-class nature and the representation of members of petty-bourgeois corporations in local government and state bodies. On the basis of the conducted research, conclusions are drawn up on the need for further reform of the existing forms of public participation in solving local issues, taking into account historical experience.

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.

PROBLEMS OF ADMINISTRATIVE RESPONSIBILITY FOR AN OFFENCE IN THE FIELD OF DRUGS TURNOVER, PSYCHOTROPIC SUBSTANCES AND THEIR PRECURSORES

2015 ◽  
Vol 10 (5) ◽  
pp. 131-139
Author(s):  
Болотин ◽  
Igor Bolotin
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
Drug Users ◽  
Legal Regulation ◽  
Administrative Law ◽  
Constitutional Court ◽  
Psychotropic Substances ◽  
European Court ◽  
The Russian Federation ◽  
Administrative Responsibility

The article summarizes the nature and purpose of the institution of administrative responsibility in the sphere of drugs turnover and psychotropic substances, the results of modern research in this area. The problems of its improvement are considered taking into account emerging challenges and conflicts of the implementation of changes in administrative law from the standpoint of the theory of administrative law and enforcement practices and suggestions for their resolution. The problems of applying administrative expulsion to foreign citizens and people without citizenship on the basis of positions of the European Court of Human Rights, the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, generalization of the practice of the Federal courts are separately identified. The value and arising problems from the implementation of the mechanism of legal motivation of drug users to treatment and rehabilitation are provided, and suggestions on improving administrative legal regulation in this sphere of public relations are presented.

scholarly journals Activities of the national police as a subject of ensuring prevention of offenses in the field of illegal trafficking of drug substances, their analogues and precursors

2020 ◽  
Vol 5 (5) ◽  
pp. 119-124
Author(s):  
Andriy Chaus
Keyword(s):  
Crime Prevention ◽  
Drug Trafficking ◽  
Preventive Measures ◽  
Circulation Control ◽  
Drug Legislation ◽  
Psychotropic Substances ◽  
Drug Substances ◽  
National Police ◽  
Illicit Trafficking ◽  
Narcotic Drugs

The concept of administrative and legal counteraction to offenses in the field of illicit trafficking in narcotic drugs, psychotropic substances and precursors and the application by the National Police of Ukraine of various measures in the field of trafficking in narcotic drugs, psychotropic substances and precursors are considered. The analysis of preventive measures and their features is carried out. The issue of the system of subjects of counteraction to illicit trafficking in narcotic drugs, psychotropic substances, their analogues and precursors is covered. The study deals with highlighting the problematic issues of crime prevention in the field of drug trafficking and combating violations in the field of anti-drug legislation. The issues of determining the mechanism of bringing to administrative responsibility for offenses in the field of illicit trafficking in narcotic drugs and psychotropic substances, methods of counteracting violations in the field of anti-narcotics legislation, features of interaction of the system of subjects of counteraction to illicit trafficking in narcotic drugs and psychotropic substances, circulation control.

scholarly journals Statutes of Limitations on Bringing to Administrative Responsibility and the Procedure for their Calculation in the Context of Constitutional Law Principles

Lex Russica ◽  
2021 ◽  
pp. 32-43
Author(s):  
A. K. Subachev
Keyword(s):  
Russian Federation ◽  
General Rule ◽  
Legal Regulation ◽  
Criminal Proceedings ◽  
Constitutional Principle ◽  
Special Procedure ◽  
The Russian Federation ◽  
One Year ◽  
Administrative Code ◽  
Administrative Responsibility

The initial version of the Code of the Russian Federation on Administrative Offences provided for a general statute of limitations (two months) and a special statute of limitations (one year from the date of the commission of an administrative offense) for administrative liability. As a result of multiple amendments to part 1 of Art. 4.5 of the Administrative Code of the Russian Federation, the special terms were increased to two, three and six years depending on the type of an administrative offense. In addition, initially part 4 of Art. 4.5 of the Administrative Code of the Russian Federation established a special procedure for calculating the statute of limitations for bringing to administrative responsibility in case of refusal to initiate criminal proceedings or dismissal of the case. The statute of limitation commenced from the date when the decision was made to refuse to initiate proceedings or to dismiss the case. Although the provision under consideration was later brought into line with the general rule, the legislator considered it necessary to supplement Art. 4.5 of the Administrative Code of the Russian Federation with parts 5.1, 6, 6.1 and 7, linking the beginning of the statute of limitations for administrative liability for certain administrative offenses with certain legal facts. As a result of the study, the author has revealed the discrepancy between the mentioned legislative innovations and the constitutional principle of proportionality of restrictions imposed by the legislator on the rights and freedoms and the principle of legal certainty. The author makes a proposal to improve the current legal regulation of the statute of limitations with regard to bringing to administrative responsibility and the procedure for their calculation.

scholarly journals TRENDS IN THE MODERNIZATION OF THE CRIMINAL LAW RESPONSE TO DRUG CRIME

2019 ◽  
Vol 2 (87) ◽  
pp. 55
Author(s):  
Andrei Dziadkouski
Keyword(s):  
Criminal Law ◽  
Drug Trafficking ◽  
Legal Analysis ◽  
Legal Norms ◽  
Psychotropic Substances ◽  
Drug Crime ◽  
Eurasian Economic Union ◽  
The Subject ◽  
Economic Union ◽  
Illicit Drug Trafficking

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.

scholarly journals Countering the sale of narcotic drugs by criminal legal measures

2021 ◽  
Vol 4 ◽  
pp. 88-97
Author(s):  
S.A. Averinskaya ◽  
◽  
V.V. Zagainov ◽  
O.V. Radchenko ◽  
◽  
...  
Keyword(s):  
Supreme Court ◽  
Drug Trafficking ◽  
Geographical Location ◽  
Psychotropic Substances ◽  
Structure And Dynamics ◽  
Irkutsk Region ◽  
The Supreme Court ◽  
Illicit Trafficking ◽  
Narcotic Drugs

The analysis of separate legal and criminological aspects of crimes in the sphere of illicit trafficking of narcotic drugs, psychotropic substances and their analogues in the territory of the Irkutsk region is proposed. The concept of sales, fixed in the Resolution of the Plenum of the Supreme Court of Russia, is analyzed. It is established that the geographical location of the Irkutsk region affects the structure and dynamics of crimes committed. The types of prohibited items (drugs) that are most common in the region, the territory of their growth and supply are determined. The level of anesthesia of the population is analyzed, its dynamics from 2016 to 2020 is studied. It has been revealed that significant difficulties in solving crimes in the field of drug trafficking are occupied by methods of its contactless distribution, the formation of caches, bookmarks, etc. additional difficulties arise when using uncontrolled messengers and software that allow access to sites blocked by Roskomnadzor.

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.

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