Kovalenko I. Criminal liability for falsification and trafficking counterfeit medicines.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0417U003801

Applicant for

Specialization

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

07-09-2020

Specialized Academic Board

Д 41.086.03

National University «Odessa Law Academy»

Essay

Thesis is the first special comprehensive study on criminal liability for falsification and trafficking of counterfeit medications in the national criminal law science. Thesis suggests dividing the counterfeit medications, depending on the composition and nature of their impact on the life and health of a person, namely – safe, harmful and dangerous. Convincingly differentiated approach to the measures of criminal-legal liability for falsification of medications with no signs of changings in their composition and therapeutic properties on the one part, and medications with signs of changings in their composition and therapeutic properties, on the other, has been applied. The need to foresee the commission of the studied criminal offense with a special subject has been identified. Social and legal criminalization factors and criminally-legal characteristics of a criminal offence in the form of counterfeiting of medications or their trafficking has been studied. There have been established criminal and legal consequences of counterfeiting of medications or their trafficking. The work shows reasonable practical necessity and theoretical feasibility of presentation of Article 3211 of the Criminal Code of Ukraine in the new wording, aimed to consider and legally present the provisions on differential approach to counterfeit medications, depending on their degree in terms of life and health danger.

Files

Similar theses