Human Rights and Principles of Law During Control of the Circulation of Narcotic Drugs, Psychotropic Substances and Precursors (Legal Regulation)
Author(s): Viktor Yarosh*, Iryna Umrykhina, Viacheslav Barba, Oleksii Svitlychnyi and Svitlana Korohod
Abstract
Background: The purpose of this article is to develop mechanisms for the protection of human and civil rights in the field of circulation of narcotic drugs, psychotropic substances and precursors.
Methods: The article uses scientific methods: Abstract logical, analytical, synthetic, historical, comparative, induction, deduction, generalization, modeling, for driving a car while drunk (international norms, administrative criminal aspects). The main basis of the study is presented as a method of cognition, built on the laws, categories and principles of dialectics, its purpose, legal principles, features, the subject. Measures to combat the illicit trafficking of narcotic drugs and psychotropic substances must not violate human and civil rights, which are enshrined in regulatory legal acts.
Results: A mechanism for protecting human and citizen rights in the sphere of circulation of narcotic drugs, psychotropic substances and precursors has been formed, which consists of 2 mandatory elements of legal regulation (legal basis) and practical direction (mechanism of implementation in the activities of public administration bodies). The specified mechanism was created on the basis of international legal standards (Conventions, international agreements) and the legislation of countries. Attention is emphasized that today there are numerous violations of human rights by public administration bodies. Under such conditions, it is worth paying attention to strengthening the responsibility of authorized subjects for actions that go against the powers. An important and negative aspect is the presence in the legislation that determines the legal status of those authorized to protect human and citizen rights in
the sphere of circulation of narcotic drugs, psychotropic substances and precursors of discretionary powers that allow them to use their discretion, contrary to constitutional provisions.
Conclusion: Ensuring the rights and freedoms of a person and a citizen is a key feature of a legal state. Even in wartime in a democratic state, it is impossible to abandon the duty to ensure human rights. Therefore, martial law cannot be used to waive the obligation to ensure human rights. The Constitution of Ukraine also contains provisions that determine the specifics of the implementation of individual human rights in the conditions of martial law. These and other problematic issues of the functioning of the mechanism for the protection of human and citizen rights lie in the sphere of law-making activity. Therefore, an actual means of improving the mechanism of protection of human and citizen rights in the sphere of circulation of narcotic drugs, psychotropic substances and precursors in the current conditions will be the legal monitoring of normative legal acts, which fix both the mechanism of legal regulation of this sphere and the mechanism of its implementation, and hence the legal reform of national institutions, which are called to protect human and citizen rights in the sphere of circulation of narcotic drugs, psychotropic substances and precursors.
