The Criminal Law Aspect of Preventing the Illegal Circulation of Narcotics (Foreign Experience)
Author(s): Serhii Bratel*, Andrii Babenko, Stanislav Samoilov, Eduard Kopylov and Mykola Chernov
Abstract
Background: The article summarizes the international experience and foreign practice of preventing criminal offenses committed by organized groups and criminal organizations in the field of illegal drug trafficking.
Methods: In order to determine the methodological support for researching theoretical and practical foundations of the foreign experience of responsibility, the following methods of scientific knowledge are used in the article: Abstract-logical, analysis, synthesis, historical, comparison, induction, deduction, generalization, modeling regarding international practice of preventing illegal narcotic drug trafficking.
Results: The analysis of UN Congresses and Conventions showed that none of them addressed the issue of war and its impact on organized crime. However, in today’s conditions, organized forms of crime pose a real threat to the country’s national security. Criminal elements, having close interregional and international ties, increasingly direct their efforts to establish control over the sphere of circulation of narcotic drugs, psychotropic substances or their analogues.
Conclusion: Two approaches to the prevention of criminal offenses committed by organized groups and criminal organizations in the sphere of illegal circulation of narcotic drugs, psychotropic substances or their analogues in foreign practice are distinguished: Autocratic-by creating an effective system of law enforcement agencies on the basis of effective criminal legislation (strengthening of sanctions-this Article 209, 307-309 of the Criminal Procedure Code of Ukraine (granting wide powers of security authorities), as well as means and resources that allow effective implementation of prevention measures; liberal-”permissive” approach to people who use drugs, their legalization through controlled and registered sale and distribution; prosecution of organized forms of crime. The analysis of entities that carry out the prevention of criminal offenses committed by organized groups and criminal organizations in the field of illegal circulation of narcotic drugs, psychotropic substances or their analogues made it possible to establish that today it is necessary to review the national prevention system in the direction of granting wider informational powers-analytical units of the National Police of Ukraine regarding the accumulation and processing of operational information,
especially during criminal investigations.
