Comparative Legal Analysis of Foreign Experience in Combating the Illegal Transportation of Narcotic Drugs, Precursors and their Analogues Across the Border: Administrative and Criminal Mechanisms
Author(s): Maksym Korniienko*, Ivan Zhuk, Andrii Babenko, Inna Savelieva, Yurii Svynarenko, Artem Pytomets
Abstract
Aim: The purpose of the article is to identify effective administrative and criminal legal mechanisms for combating drug smuggling based on an analysis of the legislation and practice of the European Union, the USA, and individual Asian countries, as well as to formulate proposals for improving the national legal system of Ukraine.
Methods: The research used comparative legal, systemic-structural, formal-legal and analytical methods, which allowed for a comprehensive assessment of institutional models, customs control tools, mechanisms of interagency interaction and features of the criminalization of relevant offenses.
Results: It is established that in the EU countries a preventive-oriented model is dominant, based on risk management, digitalization of customs procedures (in particular, the use of pre-declaration systems) and close coordination between supranational and national authorities. The American model is characterized by a combination of preventive measures with a tough criminal policy, active use of data analytics and broad powers of law enforcement agencies. Asian countries demonstrate a high level of regulatory strictness and control efficiency, combined with technological modernization of border infrastructure.
Conclusion: It is substantiated that the effectiveness of countering drug smuggling is achieved under the conditions of integration of administrative and criminal law instruments, introduction of modern information technologies, development of international cooperation and unification of legal standards. Directions for improving Ukrainian legislation are proposed, in particular, the implementation of risk-based approaches, the expansion of digital control tools, increased responsibility for the illicit trafficking of precursors, and deepening cooperation with international institutions. The practical significance of the results lies in the possibility of their use in lawmaking, improving the law enforcement practice of customs and law enforcement agencies, as well as in the educational process in the training of specialists in the field of law and public administration.