GENERALIZATION OF THE SUPREME COURT OF UKRAINE

of January 1, 2008

Practice of consideration by courts of cases on crimes in the field of the address of drugs, psychotropic substances, their analogs or precursors (*)

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(*) Generalization is prepared by the judge of the Supreme Court of Ukraine V. I. Kosarev, the scientific consultant of management of studying and generalization of court practice O. G. Litvishko, the head of department of control of cultivation of the narcocontaining plants of Department of fight against the illegal address of drugs of the Ministry of Internal Affairs of Ukraine by A. G. Skibinsky. The statement is worked out and is prepared for printing by the head of department of generalization of court practice L. V. Gavrilova.

According to Art. 49 of the Constitution of Ukraine each person has the right to health protection and the state shall provide it this right. Providing criminal legal protection of human health is performed in the borders provided in Articles 305-327 of section XIII "Crimes in the field of the address of drugs, psychotropic substances, their analogs or precursors and other crimes against health of the population" the Special part of the Criminal code of Ukraine (further - UK).

The legal regime of the address of the specified means and substances in Ukraine is regulated by rules of international law (The single Convention of the UN on drugs of 1961, with the amendments made according to the Protocol of 1972; The Convention on psychotropic substances of February 21, 1971; The Convention on fight against the illegal address of drugs and psychotropic substances of December 20, 1988). Besides, the Verkhovna Rada of Ukraine adopted on February 15, 1995 the Laws "About the Address in Ukraine of Drugs, Psychotropic Substances, Their Analogues and Precursors" and "About Measures for Counteraction of the Illegal Address of Drugs, Psychotropic Substances and Precursors and Abuse of Them". On December 22, 2006 changes are made and the Law "About Drugs, Psychotropic Substances and Precursors" is reworded as follows. One more departmental act on these to questions is the List of drugs, psychotropic substances and precursors approved by the resolution of the Cabinet of Ministers of Ukraine of May 6, 2000 No. 770 (further - the List). No. 58 is approved by the resolution of the Cabinet of Ministers of Ukraine of January 18, 2003 the Procedure of control of the address of narcotic (psychotropic) medicines. This document provides control of the address of the narcotic (psychotropic) medicines specified in the List, and also the narcotic (psychotropic) combined medicines which contain small amount of the drugs or psychotropic substances and precursors (included in the corresponding tables of the List) from which these means or substances cannot be got by easily accessible method in quantity which gives opportunity to abuse them. In judicial activities the order of the Ministry of health protection of Ukraine of August 1, 2000 No. 188 "About approval of tables of small, big and especially big sizes of drugs, psychotropic substances and precursors which are in illegal circulation" (further - tables) is important. The correct qualification of this or that crime connected with drugs, and further - legality and justification of the court verdict fully depends on the correct understanding and application of the specified tables.

In view of tendency to spread of drug addiction in Ukraine, the Cabinet of Ministers of Ukraine the order of January 24, 2002 No. 26-r approved the Concept of realization of state policy in the field of fight against the illegal address of drugs, psychotropic substances and precursors for 2002-2010 which main objective is development and implementation at the national level of actions for counteraction to spread of the drug addiction and crime connected with the illegal address of drugs, psychotropic substances and precursors, to accomplishment by Ukraine of the corresponding obligations to the international commonwealth.

April 26, 2002. The plenum of the Supreme Court of Ukraine accepted the resolution No. 4 "About court practice on cases on crimes in the field of the address of drugs, psychotropic substances, their analogs or precursors" (further - the resolution of the Plenum No. 4) in which recommends to courts to be guided by the laws and departmental regulations stated above, first of all the List and tables.

The analysis of statistical data In 2007 on consideration of courts on the first instance there was 43,4 of one thousand criminal cases about crimes in the field of the address of drugs, psychotropic substances, their analogs or precursors that is 0,8% more, than in 2006.

Production on one thousand 36,9 (one thousand 36,6) is finished (1) criminal cases, or % 84,9 (85%) of number of those which were under consideration in the first instance.

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(1) Hereinafter data for 2006 are provided in square brackets.

On additional investigation courts returned 779 (884) criminal cases of this category, what is 11,9% less. Due to the fundamental breach of provisions of Articles 228-232 of the Code of penal procedure of Ukraine (further - the Code of Criminal Procedure) to prosecutors according to the procedure, the Code of Criminal Procedure provided in Art. 249-1, return the 182nd criminal cases about crimes in the field of the address of drugs, what is 36,6% less.

Courts considered with adjudgement of 29,9 one thousand (one thousand 30,5) such cases, or 81% (% 83,3) of number of on what production is finished. The number of cases on which production is closed increased by 27,1 of % and made one thousand 5,3 (one thousand 4,2) put.

According to the Ministry of Internal Affairs of Ukraine, for September, 2007 there were nearly 500 thousand persons which regularly use drugs, from them more than 5 thousand drug addicts are minors. The greatest number of drug addicts is registered in the southern areas of Ukraine.

The crimes connected with drugs are made mainly by males at relatively young age. However sharp increase in share of women in total quantity of convicts for these crimes draws in recent years attention. Persons who conduct parasitic method of life constitute the greatest public group in the field of the crime connected with drugs.

Law enforcement agencies of Ukraine generally the key supplier of drugs in borders of the country recognize the foreign criminal organizations. At the same time because of the strategic geographical location Ukraine is the important overpass for different forms of smuggling.

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