Abstract

The article examines the peculiarities of bringing members of criminal organizations to criminal liability for crimes in the sphere of trafficking in narcotic drugs, psychotropic substances, their analogues and precursors, assigning them punishment, concluding plea agreements with them, as well as applying exemption from punishment and serving it.
 According to results of the study of sentences handed down during 2008–2022, a fairly significant share of crimes committed by criminal organizations in the sphere of trafficking in narcotic drugs, psychotropic substances, their analogues and precursors was established – about 40%. Arguments are given regarding the probable explanation of this fact. Acquittals were issued for 13.6% of the defendants due to the failure of law enforcement agencies to prove that a person committed the crime provided for in Art. 255 of the Criminal Code of Ukraine.
 The analysis of the results of imprisonment for a certain period of time shows that 51.4% of convicts are sentenced to a milder punishment than provided by law (with the application of Article 69 of the Criminal Code of Ukraine), and 92.7% of convicts are sentenced to either the minimum possible punishment within the sanction of Art. 255 of the Criminal Code of Ukraine, or even lower than the lowest limit established by the sanction of this article. Quite often, plea agreements are concluded with such subjects (57.1%). Since 2017, these agreements have been concluded with 95.2% of convicts. Almost 40% of convicts actually do not serve a prison sentence for a certain period of time, because they are released from serving a probationary sentence. At the same time, the duties imposed on those released do not always contribute to the correction or re-education of convicts. Proposals for solving these problems are made.

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