Criminal Offences That Rely On The Established Order Of Circulation Of Medical Products In Ukraine And Their Place In The System Of Special Part Of The Criminal Code Of Ukraine

Abstract

National interests of Ukraine according to the domestic legislation on national security are vital interests of man, society and the state, the implementation of which ensures the state sovereignty of the country, its progressive democratic development, as well as safe conditions of life and well-being of its citizens. Of course, the sphere of circulation of medicines as a socially important component of the pharmaceutical health sector belongs to the national interests of the country.

Based on the classifications arising from the Law of Ukraine «On Medicines» and the MEDICRIME Convention, all criminal offences included in the subject of this study, the author is divided into 2 groups:

- criminal offences in the field of circulation of medicines;

- сriminal offences related to drug trafficking.

Also, the article defines the subject of criminal offences that violate the established procedure for circulation of medicines in Ukraine. It is noted that the subject of criminal offences concerning the circulation of medicines are divided into criminal offences, the subject of which are medicines (for human use); criminal offences, the subject of which are counterfeited medicines (for human use); criminal offences, the subject of which are veterinary medicines; criminal offences, the subject of which is the corresponding equipment.

In addition, the author was proposed, based on the specific needs, to the investigated offences to use popular in criminal-legal intelligence classification divisions according to the following criteria: 1- by the moment of termination; 2 - by the severity; 3 - by the size of the subject; 4 - by the subject; 5 - by the form of guilt; 6 - by the presence of a purpose; 7 - by the presence of a special type of release from criminal responsibility.