Principles of Public Law and State Control over Circulation of Narcotic Drugs, Psychotropic Substances and Precursors: Problems of Legal Regulation in Ukraine
Author(s): Bohdan Sirko*, Ihor Ivasiuk, Antonina Bobkova, Natalia Hryshyna and Yevhen Hryhorenko
Abstract
Background: The article highlights legal regulation of principles of public law and state control over circulation of narcotic drugs, psychotropic substances and precursors.
Methods: In order to determine the methodological support of studying theoretical and practical basics regarding principles of public law and state control over circulation of narcotic drugs, psychotropic substances and precursors, the following methods of scientific knowledge are used in the article: Abstract-logical, analysis, synthesis, historical, comparison, induction, deduction, generalization, modelling, for driving vehicles while intoxicated (international norms, administrative-criminal aspect). The main basis of the research is presented as the method of cognition, built on the laws, categories and principles of dialectics, according to the requirements of which purpose, legal principles, features, subjects of combating illegal circulation of narcotic drugs, psychotropic substances and countermeasures are considered as elements of a holistic phenomenon that are in close communication and interaction among themselves.
Results: Proper characterization of combating illegal circulation of narcotic drugs is impossible without researching the stable foundation of regulation, which, in turn, is represented by the fundamentals, basic rules, and provisions forming the basis for operation of the regulatory system of principles. The article analyzes the concept of “principles”, it is determined that principles are a system of basic ideas that reflect the essence and meaning of a phenomenon, as well as determine its orientation. The system of principles is divided into 2 types: General ones and special ones. In Ukraine, the use of drugs belonging to the high-risk group is mainly related to the injection method of administering opiates manufactured in “home” conditions (solution of opium liquid extract (“shirka”) and amphetamine-type stimulants. Intravenous administration of narcotic substances leads to the risk of HIV infection, hepatitis B and C, syphilis due to the use of one needle by several people. In 2023, a slight increase in the use of opioids was detected-42,711 people at the end of 2021 vs 41,095 people at the end of 2020 (3.8%); cannabinoid use-4,811 people at the end of 2021 vs 4,735 people at the end of 2020 (1.6%) and multiple substance use-16,633 people at the end of 2021 vs 16,096 people at the end of 2020 (3.2%). Indicators of the use of cocaine and other stimulants remained almost unchanged.
Conclusion: Thus, statistical data give reasons to assert importance of ensuring the principles of law in the sphere of circulation of narcotic drugs, psychotropic substances and precursors. Definition and characterization of fundamental provisions and ideas, that is, principles, in particular in matters related to the illegal circulation of narcotic drugs, psychotropic substances and precursors, will make it possible to more effectively carry out further prevention of this phenomenon in all spheres of social relations. The defining goal and main purpose of countermeasures is to prevent commission of offenses, eliminate the conditions that contribute to the commission of illegal acts related to the circulation of narcotic drugs, psychotropic substances and precursors.
