Koziaruk O. Smuggling of drugs, psychotropic substances, their analogues and precursors or falsified drugs under the criminal law of Ukraine (Article 305 of the Criminal Code of Ukraine)

Українська версія

Thesis for the degree of Doctor of Philosophy (PhD)

State registration number

0823U100058

Applicant for

Specialization

  • 081 - Право. Право

03-02-2023

Specialized Academic Board

ДФ 70.895.027

Khmelnytsky university of management and law Leonid Yuzkov

Essay

The dissertation is devoted to a comprehensive analysis of criminal legislation, theoretical and applied provisions related to the criminal-legal countermeasures against the smuggling of drugs, their analogues and precursors or falsified drugs. It is noted in the work that the need for a comprehensive analysis and improvement of the relevant criminal law norms is due to the fact that the smuggling of drugs is taking on a dangerous scale, it is spreading not only on the territory of Ukraine, but also beyond its borders, quite often our country is used as a transit zone for the movement of dangerous cargo. At the same time, the effectiveness of the application of the norm provided for in Art. 305 of the Criminal Code of Ukraine, directly related to the extent to which the current legislation applied in the state meets modern challenges and realities, as well as how it is applied in court practice. In this regard, ways of improving the norm provided for in Art. 305 of the Criminal Code of Ukraine are proposed in accordance with modern requirements and realities. Based on the results of the research, it was concluded that the established order of social relations in the sphere of economic activity should be considered the generic object of smuggling of drugs, psychotropic substances, their analogues and precursors or falsified drugs. The main and additional immediate objects of the corresponding criminal offense are detailed. The opinion was expressed that the main direct object of the criminal offense provided for in Art. 305 of the Criminal Code of Ukraine, there is an order of public relations in the sphere of economic and economic activity of the state, and an additional object is an order of established public relations in the sphere of public health protection.

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