FEATURES OF CRIMINAL LIABILITY FOR DRUG SMUGGLING ON THE EXAMPLE OF CHERNIGIV REGION

Abstract

Purpose: to investigate the features of criminal liability for drug smuggling in the Chernihiv region. The methodological basis of the study are the following general scientific methods: functional, systemic; general logical methods: analysis, synthesis, generalization. The dialectical and comparative legal method is used. Results: the public danger of drug smuggling is that during the illegal movement across the customs border of Ukraine of drugs violated the order of state regulation of foreign economic activity, which includes general, and in relation to a particular group of goods and objects – a special order of movement through border. Thus, smuggling causes direct economic losses to the state related to non-payment of customs duties and other taxes (payments) both when crossing the customs border of Ukraine and in connection with the sale of smuggled goods on the territory of Ukraine or abroad. In addition, smuggling damages the established order of governance, encroaches on the national cultural heritage of the Ukrainian people, and may damage Ukraine’s relations with other states. It promotes the illicit trafficking in Ukraine and the world of narcotic drugs, psychotropic substances and precursors, can cause irreparable damage to human health and life, as well as cooperation in the fight against international drug trafficking. Criminal liability for actions with drugs and psychotropic substances occurs only when their size exceeds a certain value (is greater than «small size»). For different substances these sizes are individual and they are determined according to the tables approved by the order of the Ministry of Health of Ukraine № 188 from 01.08.2000 (for psychotropic drugs, for drugs). The size of narcotic drugs of plant origin and substances made in the form of extracts, extracts, decoctions or other liquids are determined in terms of dry matter (ie it is not the total volume of the liquid, but how much of the drug in this liquid). The size is determined during the examination. Discussion: problems of criminal liability for smuggling in Chernihiv region.