Kozak V. Preventing the organization or retention of places for illegal use, production or manufacture of narcotic drugs, psychotropic substances or their analogues.

The dissertation is an independent completed scientific work, which presents the results of a comprehensive knowledge of preventing the organization or retention of places for illegal use, production or manufacture of narcotic drugs, psychotropic substances or their analogues. The system of knowledge about the organization or maintenance of places for illegal use, production or manufacture of narcotic drugs, psychotropic substances or their analogues as socio-legal and criminological value is formulated. International legal standards for countering drug addiction, foreign experience of criminal prohibition of the phenomenon of narcopritons and prevention of this type of illegal acts are analyzed. A system of factors that cause the spread of the phenomenon of narcopritons in Ukraine in general and under martial law has been formed. A detailed study of the criminological characteristics of a criminal offense under Art. 317 of the Criminal Code of Ukraine and the person committing it. Ways to improve the mechanism for preventing the organization or maintenance of places for illegal use, production or manufacture of narcotic drugs, psychotropic substances or their analogues have been proposed. It clarifies the concept of drug addiction and drug abuse as a social phenomenon, highlights the features of the current state of drug crime in Ukraine, as well as the place of organization or maintenance of places for illegal use, production or manufacture of narcotic drugs, psychotropic substances or their analogues in its structure. An analysis of the peculiarities of the organizational and legal basis for preventing the organization or maintenance of places for the illegal use, production or manufacture of narcotic drugs, psychotropic substances or their analogues has been carried out, the main provisions of the anti-drug national legislation, its system and significance in the context of countering the phenomenon of narcopritons in Ukraine have been considered. It is determined that the organization and maintenance of places for illegal use, production or manufacture of narcotic drugs, psychotropic substances or their analogues as a kind of criminal offense is quite common in Ukraine, usually occupying the fourth place in the structure of criminal offenses in the sphere of circulation of narcotic drugs, psychotropic substances, their analogues or precursors and other criminal. The public danger of a criminal offense under Art. 317 of the Criminal Code of Ukraine is to create favorable conditions for the use of narcotic, psychotropic substances, an increase in drug addicts in the place of their location, the spread of infectious diseases, mainly of an incurable nature, become a place of accumulation of persons prone to illegal anti-moral way of life and the commission of various offenses, including mercenary and violent, violation of public order. It is proposed to interpret the narcopriton as a concept meaning a room in which criminal acts of a purposeful nature are committed or committed; any premises (residential or non-residential), regardless of the form of ownership and its purpose, adapted for the consumption of narcotic drugs, psychotropic substances or their analogues. It is proved that the narcopriton is characterized by the following main features: 1) territorial (the narcopriton is located in a certain place and has specific physical boundaries); 2) target (the place of the narcopriton is used for a specific purpose - illegal consumption of narcotic drugs, psychotropic substances or their analogues); 3) functional (narcopriton is adapted directly for consumption (including their repeated) of narcotic drugs, psychotropic substances, their analogues, consisting in the presence of devices (hookah, syringes, harnesses, etc.) for the consumption of appropriate substances, stocks of substances, the simplest tools or equipment for the manufacture of drugs; 4) temporary (adaptability of the narcopriton to repeated (more than twice) use of the premises for the specified purposes. An analysis of international legal standards and foreign experience of the criminal prohibition of the organization and maintenance of places for illegal use, production or manufacture of narcotic drugs, psychotropic substances or their analogues has been provided, on the basis of which 4 main approaches to establishing responsibility for such an offense have been identified: 1) criminal liability is provided exclusively for the organization and maintenance of drug traffickers (Armenia, Tajikistan, Uzbekistan); 2) criminal liability not only for the organization and maintenance of narcopritons, but also for the systematic provision of premises for drug consumption (Moldova, Kazakhstan, Turkmenistan, Kyrgyzstan);