Regarding the relation between the concept of “narcotic drugs”, “psychotropic drugs” and “counterfeit medicines”
Journal Title: Актуальні проблеми держави і права - Year 2017, Vol 79, Issue
Abstract
The article explores the question of correlation between such concepts as “narcotic drug” and “psychotropic substance”, as the subject of criminal acts provided for in Article 307 of the Criminal Code of Ukraine (CC of Ukraine), and the notion of "falsified medicines", whose turnover is criminalized in Article 321-1 of the CC of Ukraine. The author analyzes the specifics of statutory regulation of licensed production and sale of drugs containing narcotic and/or psychotropic substances in terms of the relationship between this type of economic activity and the production and distribution of original and falsified medicines. It is substantiated that all narcotic drugs and/or psychotropic medicines whose turnover is allowed on the territory of Ukraine can be subject to falsification, which consequently causes problems with the correct criminal qualification of criminal acts, since in this case there are no differentiating characteristics between the subject of crime in Article 307 of the CC of Ukraine and the subject of crime provided for in Article 321-1 of the CC of Ukraine.
Authors and Affiliations
О. О. Станкевич
Keywords
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- EP ID EP444694
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