Olena Dragan
Department of Criminal Law, Procedure, and Criminalistics, Kyiv University of Intellectual Property and Law, Kyiv, UkrainePublications
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Research Article
European Convention on Human Rights Case Law as a Source of Administrative and Criminal Law in Cases Concerning the Application of Measures by Law Enforcement Agencies in the Area of Drug Trafficking
Author(s): Oleksiy Tytarenko*, Iryna Pidpala, Anton Oliinyk, Roman Opatsky and Olena Dragan
Aim: Drug enforcement in Ukraine consists of a chain of small coercive decisions-a street stop, an administrative protocol over a few grams, a test purchase arranged online-and each link of that chain is reviewable not only under domestic statutes but also under the standards developed in Strasbourg. Since 2006, Ukrainian courts have been bound by law to treat that jurisprudence as a source of law. This paper asks what the duty means in practice in a field where an administrative offence easily turns into a crime and where covert techniques are routine. Methods: We read the convention, twenty Strasbourg judgments and two communicated Ukrainian applications concerning narcotics policing, the relevant domestic codes and statutes, and cassation rulings on incitement and double prosecution. Administrative narcotics offences were checked against .. Read More»
DOI: 10.4303/JDAR/236523