In the dissertation solution of the problems of criminal responsibility for the illicit production, making, purchasing, storage, transportation, sending or sale of narcotic drugs, psychotropic substances or their analogues committed by an organized group is made. The essential and additional features of an organized group that commits acts under the Art. 307 of the Criminal Code are disclosed. The essential features are: 1) objective – quantitative (three or more persons who have signs of a crime offender); availability of a plan with the distribution of group members’ functions aimed at its achievment; 2) subjective – the purpose of association, which consists in committing this or other crimes; 3) objectively-subjective – a preliminary organization of persons in an association; stability of an association. The most widespread additional features of the specified organized group are: 1) orientation of activity of an organized group for profit; 2) developed system of security measures; 3) adjusted sources of supply of narcotic drugs, psychotropic substances or their analogues, raw materials or equipment for their making; 4) a formed circle of regular consumers for the sale of narcotic drugs, psychotropic substances or their analogues. It is found out and characterized the factors of the social conditionality of provision of a qualified the corpus delicti for commission by an organized group acts under the Art 307 of Criminal Code of Ukraine – criminological, socio-economic, international, geographic, organizational-institutional. It is the defined the generic, specific and direct object of the crime under the Art. 307 of the Criminal Code of Ukraine. It is characterized the subject of the researched crime which are narcotic drugs, psychotropic substances and their analogues. The features of the specified subject – general (physical, legal, social) and special (medical and chemical) are considered. It is researched the objective side of the crime, envisaged in the Part 3 of the Art. 307 of the Criminal Code of Ukraine which expressed in seven alternative acts, the common feature of which is illegality (i.e. implementation contrary to the established order in law). The forms of these acts are described. In connection with increased social danger and widespread of sale of narcotics, which is carried out using computer networks, it is proposed to fix this circumstance as aggravating criminal liability in the part 2 of the Art. 307 of the Criminal Code of Ukraine. Depending on the peculiarities of their activities organized groups committing a crime, envisaged in the Art. 307 of the Criminal Code, are classified into two types: 1) productive and marketing; 2) marketing. The membership of an organized group to one or another type is proposed to take into account when appointing its members the punishment. It is proposed to consider the moment of the end of the crime under the Art. 307 of the Criminal Code in each form of its objective side in a differentiated way depending from achievement or non-achievement of a guilty the initial goal, which consists in the desire to get the immediate result of committing one of actions. It is revealed the peculiarities of the signs of the subjective side of a crime in the part 3 of the Art. 307 of the Criminal Code of Ukraine. A crime envisaged by the Art. 307 of the Criminal Code may be committed solely with the direct intention. The required feature of the subjective side of this crime is the goal of sale when committing production, making, purchasing, storage, transportation and sending of narcotic drugs, psychotropic substances or their analogues. At the same time it is concluded that when committing these offenses, the perpetrator may have at least three goals – the initial, intermediate and final, that have a criminal-law value for qualification under the Art. 307 of the Criminal Code and (or) imposition of punishment. The achievement of the initial goal influences recognition of the crime ended. The intermediate goal is the purpose of sale, which defines all activities of persons on illicit drug trafficking – its forms, methods, necessary personnel, resources, and security measures are selected. The final goal (profit making) affects the degree of social danger of an act and should be taken into account when appointing guilty persons a punishment. Sale is characterized with two goals that have a criminal law value – the initial and the final. It is determined that a criminal offrender of the researched crime is general (physical, sane person who has reached the age of 16). According to the results of the research, scientifically grounded recommendations for improving the current criminal legislation and practice of its application are formulated.
