Publication date: 31.05.2024
Legal regulation and control over the circulation of drugs and psychotropic substances in Ukraine
Introduction
The problem of illicit trafficking in narcotic drugs and psychotropic substances remains one of the most pressing threats to society in Ukraine. This issue not only undermines the health and safety of citizens, but also contributes to the growth of crime and social instability. Legal regulation and control over the circulation of drugs and psychotropic substances, which is carried out at the state level, plays an important role in combating this problem. In this article, we will analyze the main aspects of this regulation in accordance with the current legislation of Ukraine.
The main part
Legal framework
In Ukraine, the legal regulation of the circulation of narcotic drugs, psychotropic substances and precursors is carried out on the basis of a number of regulatory legal acts, including:
- The Law of Ukraine "On Narcotic Drugs, Psychotropic Substances and Precursors" of February 15, 1995, No. 60/95-ВР.
- The Criminal Code of Ukraine (Articles 305-320), which provides for criminal liability for illegal trafficking in narcotic drugs and psychotropic substances.
- The Code of Ukraine on Administrative Offenses (Articles 44, 106-2), which defines administrative liability for violation of the rules of drug trafficking.
- Resolutions of the Cabinet of Ministers of Ukraine detailing the procedures for controlling and regulating the circulation of narcotic drugs and psychotropic substances.
Basic principles of legal regulation
The legal regulation of the circulation of narcotic drugs and psychotropic substances in Ukraine is based on several basic principles:
- State control: The circulation of narcotic drugs and psychotropic substances is subject to state control at all stages - from production and transportation to use and destruction.
- Licensing: The production, storage, transportation, sale and use of narcotic drugs and psychotropic substances is allowed only to business entities that have the appropriate licenses.
- Prohibition of illicit trafficking: Any activity involving narcotic drugs and psychotropic substances without appropriate authorizations is illegal and punishable by law.
- International cooperation: Ukraine adheres to international treaties and conventions, in particular the Single Convention on Narcotic Drugs of 1961, the Convention on Psychotropic Substances of 1971, and the UN Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 1988.
Control measures
Control over the circulation of narcotic drugs and psychotropic substances is carried out through a number of measures:
- Registers and reporting: Registers of persons and enterprises authorized to handle narcotic drugs are maintained. Mandatory reporting on their use is established.
- Inspections and audits: Regular audits and inspections are carried out on business entities dealing with narcotic drugs to ensure compliance with legal requirements.
- Medical control: Prescription and use of narcotic drugs for medical purposes is carried out exclusively on medical grounds and under the control of doctors.
- Sanctions: For violation of the rules of drug trafficking, severe sanctions are provided, including criminal liability.
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Criminal liability
The Criminal Code of Ukraine provides for severe penalties for crimes related to the illicit trafficking of narcotic drugs, psychotropic substances and their analogues. The main articles regulating these issues include:
- Article 305: Smuggling of narcotic drugs, psychotropic substances, their analogues or precursors. The punishment for this crime may include imprisonment for a term of 5 to 12 years with confiscation of property.
- Article 307: Illegal production, manufacture, acquisition, storage, transportation, shipment or sale of narcotic drugs, psychotropic substances or their analogues. The punishment depends on the gravity of the crime and may include imprisonment for up to 12 years.
- Article 309: Illegal production, manufacture, acquisition, storage, transportation, shipment of narcotic drugs, psychotropic substances without the purpose of sale. Punishment can range from fines to imprisonment for up to 3 years.
- Article 311: Illegal production, manufacture, acquisition, storage, transportation, or shipment of precursors. Sanctions for this crime include imprisonment for up to 5 years.
Administrative responsibility
The Code of Ukraine on Administrative Offenses also provides for penalties for violations of the rules of circulation of narcotic drugs and psychotropic substances. The main articles include:
- Article 44: Illegal production, acquisition, storage, transportation, shipment of narcotic drugs or psychotropic substances in small amounts without the purpose of sale. Punishment may include fines or administrative arrest.
- Article 106-2: Violation of the rules of circulation of narcotic drugs, psychotropic substances and precursors. The punishment includes fines with confiscation of the objects of the offense.
Conclusion.
Legal regulation and control over the circulation of narcotic drugs and psychotropic substances in Ukraine is an important component of the state policy in the field of health and safety. Compliance with the law, strict control by state authorities and international cooperation are key elements in the fight against drug trafficking.
Citizens and business entities should be aware of their rights and obligations in this area, as well as the possible legal consequences of violating the law. Only joint efforts can ensure effective control over the circulation of narcotic drugs and psychotropic substances and reduce the negative impact of this problem on society.
