Gorokh O. Punishment for Crimes in the Sphere of Drug Trafficking

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0407U004158

Applicant for

Specialization

  • 12.00.08 - Кримінальне право та кримінологія; кримінально-виконавче право

24-10-2007

Specialized Academic Board

Д 26.007.03

National Academy of Internal Affairs

Essay

The dissertation is a complex and system research of the problems of punishment and its setting for crimes in the sphere of drug trafficking (articles 305-320, 322, 324 of Penal Code of Ukraine). The historical-legal and comparative-legal analysis of legislation con-cerning punishment for the crimes is carried out and types of penalties are studied for the "narcotic" crimes. Possible features in achievement of the parts of aim of punishment such as correction of convicted persons for the crimes and prevention of committing another crimes are determined. Problems of legal regulation of the forced treatment of drug patients who committed crimes are researched. Sanctions for crimes in sphere of drug traf-ficking are analyzed and lacks of their constructing are studied. The position of judicial practice of criminal law application are studied in cases concerning the crimes of the ana-lyzed category. The observance by the courts of principles of setting the punishment are critically reflected. The featuresof setting the punishment are fixed for the crimes in the sphere of drug trafficking taking into account the degree of their gravity, the personal characteristics of criminal, mitigating and aggravating responsibility factors. The proposi-tions about improving the current penal legislature and optimization of law enforcement are formed in the sphere of counteractions to the "narcotic" crimes.

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