Administrative, disciplinary and criminal liability for offenses in the field of circulation of narcotic, psychotropic substances and their precursors (foreign experience)
Author(s): Oleksiy Tytarenko*, Oleksandr Holovkov, Yevhen Shcherbyna, Hanna Petrova and Yevheiia Tsymar
Abstract
Aim: The article presents a comprehensive study of foreign approaches to bringing to administrative, disciplinary and criminal liability for offenses in the sphere of trafficking in narcotic drugs, psychotropic substances and precursors.
Methods: The methodological basis of the study is a complex of general scientific and special legal methods that provide a comprehensive, systematic and objective analysis of foreign experience in bringing to administrative, disciplinary and criminal liability in the field of trafficking in narcotic drugs, psychotropic substances and their precursors. The combination of methods provided a comprehensive, balanced, and scientifically sound analysis of foreign mechanisms of legal liability in the field of drug trafficking. This allowed us to form scientifically reliable conclusions and develop practical proposals for improving Ukrainian legislation.
Results: Comparative analysis allows us to identify the following key trends: Differentiation of responsibility: Decriminalization of consumption in most European Union (EU) countries and increased criminal prosecution of organized drug trafficking; administrative measures: Increased control over the pharmaceutical market, frequent inspections, fines for violations of licensing conditions; expansion of disciplinary liability: Emphasis on personal liability of medical and pharmaceutical workers; enhanced control of precursors: Introduction of electronic tracking systems (EU, USA).
Conclusion: Foreign countries demonstrate various approaches to responsibility in the field of drug trafficking, but the key ones are: A multi-level response system, differentiation of offenses, strict criminal punishment for dangerous crimes and developed mechanisms for controlling the medical use of narcotic drugs. Ukraine has the opportunity to adapt the best practices of the EU and North America, ensuring a balanced combination of repressive and preventive measures. Ukraine can implement: Mechanisms of administrative responsibility for improper storage of medicinal narcotic drugs; mandatory disciplinary standards for medical workers; systems for electronic control of the movement of precursors according to the EU model.
