Legal Regulation of the Ratio of Criminal and Administrative Liability as to Countering Offenses in the Sphere of Trafficking of Narcotic Drugs, Psychotropic Substances, their Analogues and Precursors
Author(s): Hanna Blinova*, Serhii Bratel, Valeriya Savytska, Tatiana Korniakova and Viacheslav Barba
Abstract
Background: The article highlights the legal regulation of the ratio of criminal and administrative liability as to countering offenses in the sphere of trafficking of narcotic drugs, psychotropic substances, their analogues and precursors.
Methods: The methodological basis of the research is presented as comparative-legal and systematic analysis, formal-legal method, interpretation method, hermeneutic method as well as methods of analysis and synthesis. The following research methods were used in the process of performing the set tasks: Legal regulation of the ratio of criminal and administrative liability as to countering offenses in the sphere of trafficking of narcotic drugs, psychotropic substances, their analogues and precursors was studied using the formal-logical method; the system-structural method was used to distinguish and analyze legal regulation of the ratio of criminal and administrative liability in relation to combating offenses in the sphere of trafficking of narcotic drugs, psychotropic substances, their analogues and precursors; with the help of the comparative legal method, the ratio of criminal and administrative responsibility as to countering offenses in the sphere of trafficking of narcotic drugs, psychotropic substances, their analogues and precursors was analyzed, which deserves attention; the formal legal method was used to prepare appropriate proposals for the Ukrainian legislation.
Results: It is proposed to leave the illegal production, manufacture, purchase and storage of narcotic drugs or psychotropic substances in small quantities without the purpose of transfer as administrative offenses. Effectiveness of countering drug addiction and drug crime should be increased by not strengthening repressive measures against users of narcotic drugs and psychotropic substances, but by improving preventive work with them and risk groups, and by weakening factors of drug addiction.
Conclusion: It has been established that the resources of law enforcement agencies in their crime prevention activities are not unlimited. Increase in the number of recorded criminal offenses, as well as criminal proceedings sent to court with an indictment under Article 307 of the Criminal Code of Ukraine is carried out at the expense of a decrease in the number of similar indicators under Article 309 of the Criminal Code of Ukraine. Transforming the illegal production, manufacture, acquisition and storage of narcotic drugs or psychotropic substances into a criminal offense will require law enforcement agencies to increase the number of personnel, organizational and material resources for conducting a pre-trial investigation in the form of an inquiry in comparison with the resources required for administrative proceedings. Costs of the state and society to investigate the facts of acquisition, storage, transportation of, say, cannabis up to 5 grams or opium extract up to 0.5 grams by persons mentally and physically dependent on these substances will increase disproportionately to the possible positive effect in the form of general drug addiction prevention. There is no certainty that the increase in costs for the fight against users and small dealers of narcotic drugs or psychotropic substances will not be carried out at the expense of saving resources for countering more socially dangerous manifestations of drug crime or at the expense of other socially beneficial purposes.
