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Oleksandr STRILTSIV,

Chief Scientific Officer of the Crime Research Laboratory of the National Academy of Internal Affairs Educational-Scientific Institute # 1, Candidate of Law Sciences, Senior Research Fellow

CHARACTERISTICS OF VIOLATIONS OF ESTABLISHED RULES OF DRUG TRAFFICKING, NARCOTIC FACILITIES, THEIR ANALOGUES OR PRECURSORS

The results of the court decisions study entered into the Unified State Register of Court Rulings in the period from 2010 to 2018 by the results of consideration of criminal cases (criminal proceedings) initiated (opened) for crimes committing provided by the Article 320 of the Criminal Code of Ukraine are revealed in the article. According to the results of the court decisions study, methods of violation of drug trafficking established rules, which are conditionally combined into three groups depending on their number, are determined:

a) those which contain 82.0% of the total number of detected violations, the most typical: violations of the rules of drug sale; the conduct of drug trafficking without a corresponding license; not entering relevant information into the registers of narcotic drugs, psychotropic substances and precursors; storage of drugs in the wrong place;

b) the average prevalence (from four to six cases), in particular: admission of third persons to the drug use; violation of the rules of receiving substitution maintenance therapy; violation of drug storage conditions; violation of the rules of reporting of drug trafficking;

c) insignificant prevalence from one to three cases (lack of drugs; storage of drugs by employees of medical institutions; leaving not closed premises (places) of drug storage; violation of terms of destruction of drugs; crops of drug-free plants without corresponding quotas and permits; absence of magazines for registration and the accounting of narcotic drugs, psychotropic substances and precursors, the loss of drugs, the previous destruction of documentation of the drugs, psychotropic substances and precursors turnover.

The objects, where violations of established rules of drug trafficking occur, in particular: pharmacies, hospitals, sites of substitution maintenance therapy, enterprises, research institutions, etc. are noted. The list of narcotic drugs (Pentalgin, Pentalgin IC, Pentalgin ISN, Coderpin IS, Solpadein, Sibazon, Methadone, etc.) and precursors (hydrochloric acid, sulfuric acid, etc.), which are the subject of a criminal offense in the specified crimes are revealed.

Characteristics of positions occupied by persons committing violations of established rules of drug trafficking in particular: pharmacists, pharmaceutics and cashiers of pharmacies, heads and directors of pharmacies; medical staff of hospitals (polyclinic), etc. are presented, Other parameters describing the offender (age, education) are disclosed.

Key words: drugs, Uniform State Register of Court Rulings, violation of established rules of drug trafficking, criminal proceedings, analysis of court decisions.

References

Prosecutor General's Office of Ukraine / Official Website. URL: https://www.gp.gov.ua/en/stst2011.html?dir_id=104402. [ukr.]

Tymoshenko V. A., Yashchenko V. A., Dryomov S. V. and others. The humanization of state policy on drug users: monograph / ed. ed. Tymoshenko. K .: Logos, 2017. 326 p.[ukr.]

Unified State Register of Judgments / Official Website. URL: http://www.reyestr.court.gov.ua/. [ukr.]

On access to court decisions: Law of Ukraine of December 22, 2005 Information of the Verkhovna Rada of Ukraine. 2006. № 15. P. 585. Art. 128.[ukr.]