The administrative-legal and Criminal Aspect of Prosecuting Persons for Offenses in the Field of Illegal Drug Trafficking
Author(s): Oleksandr Yunin*, Adam Dal, Vadym Polovnikov, Nataliia Shumska and Mykola Koteliukh
Abstract
Background: This paper focuses on the legal regulation of the ratio of criminal and administrative responsibility for combating crimes in the field of trafficking in narcotic drugs, psychotropic substances, their analogues and precursors.
Methods: The methodological basis of the research is comparative and systematic analysis, formal jurisprudence, hermeneutics, hermeneutics, methods of analysis and synthesis. In the course of carrying out the set tasks, the following research methods were used: Legal regulation of the ratio of criminal and administrative responsibility for combating crimes in the field of trafficking in narcotic drugs, psychotropic substances, their analogues and precursors was studied using formal logical methods. In order to distinguish and analyze legal regulations on the ratio of criminal and administrative responsibility for combating crimes in the field of trafficking in narcotic drugs, psychotropic substances, their analogues and precursors, the system structural method was used; with the help of comparative legal method With the help of comparative legal methods, the ratio of criminal and administrative responsibility for combating crimes in the field of trafficking in narcotic drugs, psychotropic substances, their analogues and precursors was analyzed, which is worth noting.
Results: It was proposed that the illegal manufacture, production, purchase, storage, and transfer of small quantities of narcotic drugs and psychotropic substances not intended for illegal manufacture, production, purchase, storage, and transfer of narcotic drugs and psychotropic substances should remain as an administrative offense. Instead of strengthening repressive measures against users of narcotic drugs and psychotropic substances, preventive activities against users of narcotic drugs and psychotropic substances and risk groups should be improved to increase their effectiveness in combating drug addiction and drug crimes by weakening the factors of drug addiction.
Conclusion: It has been established that the resources of law enforcement agencies in crime prevention activities are not unlimited. The increase in the number of recorded crimes and criminal cases prosecuted and sent to court under Article 307 of the Criminal Code of Ukraine comes at the expense of a decrease in the number of similar indicators under Article 309 of the Criminal Code of Ukraine. In order to criminalize the illegal manufacture, production, acquisition, and storage of narcotic or psychotropic drugs, law enforcement agencies need to increase the number of personnel and organizational and material resources to conduct pretrial investigations in the form of investigations, compared to the resources required for administrative procedures. For example, the cost to the state and society of investigating the fact that up to 5 grams of marijuana or 0.5 grams of opium extract was obtained, stored, or transported by a person mentally or physically dependent on these substances would increase disproportionately to the possible positive effects in the form of general drug addiction prevention. There is no certainty that the increased costs of combating drug and psychotropic drug users and small-scale dealers will not run at the expense of resource savings and other socially beneficial objectives to combat the more socially dangerous manifestations of drug crime.
