Object and Subject of State Control in the Sphere of Legal Turnover of Narcotic Drugs, Psychotropic Substances and their Precursors in Ukraine: Administrative, Criminal and Civil-Legal Aspect
Author(s): Oleh Shkuta*, Dmytro Karbovskyi, Olena Pushkina, Mykola Potip and Olena Varhuliak
Abstract
Background: The article highlights legal regulation of the object and the subject of state control in the sphere of legal turnover of narcotic drugs, psychotropic substances and their precursors in Ukraine (administrative, criminal and civil-legal aspects).
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 object and the subject of state control in the sphere of legal turnover of narcotic drugs, psychotropic substances and their precursors in Ukraine was studied using the formal-logical method (administrative, criminal and civil-legal aspect); the system-structural method was used to identify and analyze legal regulation of the object and the subject of state control in the sphere of legal turnover of narcotic drugs, psychotropic substances and their precursors in Ukraine (administrative, criminal and civil-law aspects); legal regulation of the object and the subject of state control in the sphere of legal turnover in of narcotic drugs, psychotropic substances and their precursors in Ukraine (administrative, criminal and civil-legal aspect) was analyzed using the comparative legal method, which deserves attention; with the help of the formal legal method, appropriate proposals for the legislation of Ukraine were prepared.
Results: Using the positions of scientists who distinguish between the terms “object of state control” and “subject of state control,” the author’s definition of the subject and object of state control over the legal turnover of narcotic drugs, psychotropic substances and their precursors in Ukraine was formulated.
Conclusion: It has been established that the subject of state control over the legal turnover of narcotic drugs, psychotropic substances and precursors should be determined as actions of participants of such control in this sphere of turnover in the specified drugs, substances and their precursors, and as their direct behavior, what the control activity of the subject of state control is aimed at. Detailing the above, we state that the subject of control in relation to legal entities is their economic activity, and in relation to individuals it is compliance with the mandatory provisions of legislation in the defined sphere. And the object of state control over legal turnover of narcotic drugs, psychotropic substances and their precursors is activity of individuals and legal entities related to the legal turnover of substances and precursors; development, production, manufacture, storage, transportation, acquisition, sale (release), import into the territory of Ukraine, export from the territory of Ukraine, use and destruction of the indicated remedies, substances and precursors included in this List.
