Qualifying scientific work on the rights of the manuscript. Dissertation for the degree of Doctor of Philosophy in specialty 081 – Law. National University «Odessa Law Academy», Odessa, 2020.
The dissertation is an independent completed scientific work, which for the first time developed a method of investigating crimes related to drug trafficking. As a result of solving the tasks set in the dissertation, for the first time a forensic classification of crimes related to drug trafficking was developed. Thus, in the dissertation research for the first time a detailed classification of the investigated criminal offenses according to the method of their commission was developed, in particular: a) according to the form of criminal activity; b) according to the criterion of use of tools and means; c) by the method of falsification of medicines; d) by the method of distribution of medicinal products that have become the subject of illicit circulation; e) the legality of the infrastructure within which crimes related to the illicit trafficking of medicines were committed; f) upon concealment; g) the complexity of actions that relate to the method of concealing a criminal act. In addition, the dissertation for the first time classifies these crimes on the subject of criminal encroachment and the circumstances of the commission. During the classification of crimes according to the circumstances of the crime, the following classification criteria were chosen: a) localization of criminal acts; b) the scale of criminal activity; c) the situation at the place of direct commission of crimes related to the illicit trafficking of medicines; d) the term of illicit trafficking. Also, the study for the first time developed a forensic classification of such crimes depending on the identity of the offender and the victim.
For the first time, the dissertation provides a forensic description of crimes related to drug trafficking. Thus, the results of the analysis of judicial practice and content analysis identified the following methods of preparation of crimes committed in the form of production, manufacture, acquisition, transportation, shipment, storage for sale or sale of toxic, potent, counterfeit drugs: first, the development of criminal schemes that ensure the invulnerability of criminal activity; secondly, the choice of type and name of the drug; third, the study of the market situation for medicines; fourth, the search for material, technical and documentary means to commit a crime; fifth, establishing the necessary contacts in order to sell products; sixth, the choice of location, buildings and structures for the production, storage of manufactured or purchased toxic, potent, counterfeit drugs; seventh, the choice of place and persons for the sale of products; eighth, the definition of sources and channels for obtaining raw materials; ninth, the selection of personnel for the production and sale of medicines; tenth, the selection of participants and the distribution of roles between them; eleventh, the development of ways to conceal criminal activity; twelfth, search and re-equipment of vehicles for transportation of both raw materials and finished products. The following methods of preparation for the smuggling of counterfeit medicines have been identified: first, the establishment of close contacts between the participants in the crime, including with sellers of counterfeit medicines; secondly, study and assessment of the possibilities of movement of counterfeit medicines with concealment from customs control or beyond customs control; thirdly, analysis of customs legislation, study of the procedure for border and customs control; fourth, adaptation of hidden places in vehicles and verification of the possibility of their use for the purpose of smuggling; fifth, establishing corrupt connections with customs and border guards, and so on.
