The thesis covers the theoretical and applied principles of control over the perpetration of crimes in the field of trafficking in drugs and psychotropic substances; recommendations of scientific and applied nature aimed at improving the effectiveness of control implementation over perpetration of crimes in the field of trafficking drugs, psychotropic substances, their analogues or precursors by National Police of Ukraine subdivisionsare elaborated.
The essence and content of control implementation over perpetration of a crime in the form of operative purchase and controlled delivery in the field of trafficking in drugs, psychotropic substances, their analogues or precursors in the light of the European Court of Human Rightsdecisions is revealed. In this connection,the need to avoid provocation (abetting)of a person to
crimeperpetrationwith the aim of his further detectionis stressed and amendments to valid regulations in order to harmonize the fundamental provisions and eliminate collisions between criminal and procedural law and the law about operationalsearch activities in the context of the subject of research are suggested.
The author identifies features of organizational and tactical algorithms for the operative procurement of drugs and psychotropic substances during their “contactless” sale, including implementation of the organizational and legal support for the interaction of the National Police operational subdivisions and cyberpolice; deepening special knowledge and skillsof officers of the operational subdivisinsas to obtaining information about persons who commit crimes in the field of drug trafficking via the Internet; attraction of new technologies in order to
document criminal actions, especially in the absence of the possibility of direct surveillance over a person engaged in the illicit drugs and psychotropic substancessale.
The dissertation reveals that there is no unified approach to understanding the structure and mandatory elements of criminalisticcharacteristic of crimewithin legal science andthat is largely stipulated by the certain groups of crimes’peculiarities affecting their description and construction of an appropriatecriminalistics model of criminal offenses. It is substantiated that the
criminalistics description of crimes in the field of trafficking in drugs, psychotropic substances, their analogues or precursors involves the description of the following
components: the subject of encroachment; the manner of committing the crime; characteristics of the offender; characteristics of the victim; trace picture of the crime.
It is determined that the factors of effectiveness of interaction of the investigator, and prosecutor with the National Police of Ukraine agencies and subdivisions asto control over perpetration of crimes in the field trafficking indrugs, psychotropic substances, their analogues or precursors are its (interaction) proper legal support based on fundamental and applied scientific researches that should be considered as the main areas of further improvement of cooperation of the above mentioned entities on combatting drug related crimes. The list of forms
of interaction between law enforcement agencies combating crime, in particular, as to control overperpetration of crimes in the field of trafficking in drugs,
psychotropic substances, their analogues or precursors, is not the subject to legal regulation. It is expedient to adopt joint bylaws determining not only general provisions on cooperation of criminal proceedingsentities, but also containing a clear list of forms of cooperation (meeting the requirements of legal certainty and legitimizing cooperation of law enforcement agencies, preventing excessive punitive direction of criminal proceedings).
It is ascertained that the materials, received by specially authorized entities in the course of operational and investigative activities, are referred to the following procedural sources of evidence as documents (they are interpreted as such an object containing properly recorded information that can be used to confirm or refute facts and / or circumstances that should to be clarified in the course of criminal proceedings.To use such materials as evidence, they should: 1) meet the requirements of the CPC of Ukraine; 2) be gathered by operational subdivisions in compliance with the requirements fixed in the Law of Ukraine “AboutOperational SearchActivities”.
