1. ПРАВОВІ ЗАСАДИ ДОКАЗУВАННЯ У КРИМІНАЛЬНИХ ПРОВАДЖЕННЯХ ПРО ОРГАНІЗОВАНІ ГРУПИ ТА ЗЛОЧИННІ ОРГАНІЗАЦІЇ У СФЕРІ ОБІГУ НАРКОТИЧНИХ ЗАСОБІВ, ПСИХОТРОПНИХ РЕЧОВИН АБО ЇХ АНАЛОГІВ.
- Author
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А. Ю., Поярков
- Subjects
CRIMINAL evidence ,CRIMINAL investigation ,CRIMINAL procedure ,LEGAL evidence ,NARCOTICS - Abstract
Today, Ukraine faces many national threats, such as war, globalization, pandemics, extremism and terrorism, environmental disasters, and crime. One of the most serious problems is the illegal circulation of narcotic drugs and psychotropic substances. Modern trends in the field of crime related to drugs and psychotropic substances indicate that it is taking new forms and can lead to the creation of criminal groups even at the level of pseudo-states. In these conditions, there is a need to rethink the problem of ensuring national security, which involves minimizing the influence of organized groups and criminal organizations on the drug addiction of the population and the related criminalization of social relations with the help of criminal procedural tools. The article is devoted to issues of the legal basis of evidence in criminal proceedings about organized groups and criminal organizations in the sphere of circulation of narcotic drugs, psychotropic substances or their analogues. It has been studied that criminal procedural evidence is a practical, cognitive, legal and mental activity of the parties to criminal proceedings, which is two single inseparable processes: obtaining evidence and using this evidence to establish certain circumstances, justifying one’s position. Evidence in criminal proceedings is factual data. Pre-trial investigation in criminal proceedings about organized groups and criminal organizations in the sphere of circulation of narcotic drugs, psychotropic substances or their analogues has a specific subject of proof - narcotic drugs, psychotropic substances or their analogues. The effectiveness of the work with evidence of subjects conducting pre-trial investigation directly affects the protection of the rights, freedoms and interests of the participants in criminal proceedings, as well as the fulfillment of the tasks of criminal proceedings. It is emphasized that in the studied category of criminal proceedings, the main sources of evidence are physical evidence and expert opinions. An important stage of the pre-trial investigation of this category of offenses is the seizure of objects of illegal circulation and their proper procedural registration in accordance with the requirements of the criminal procedural legislation of Ukraine. It is impossible to prove the fact of illegal circulation and sale of narcotic drugs, psychotropic substances or their analogues without physical evidence at the disposal of pre-trial investigation bodies. [ABSTRACT FROM AUTHOR]
- Published
- 2024
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