СУСПІЛЬНА НЕБЕЗПЕЧНІСТЬ НАРКОМАНІЇ ЯК КРИМІНОЛОГІЧНИЙ ФАКТОР НЕДОЦІЛЬНОСТІ ДЕКРИМІНАЛІЗАЦІЇ СТ. 309 КРИМІНАЛЬНОГО КОДЕКСУ УКРАЇНИ

Abstract

The article provides the author’s justification of the decriminalization inexpediency of Art. 309 of the Criminal Code (CC) of Ukraine through a criminological analysis of the public danger of drug addiction as a background phenomenon for crime. The article also analyzed the Draft law No. 9028 on amendments to the Criminal Code of Ukraine and the Code of Ukraine on Administrative Offenses regarding the improvement of liability for illegal production, manufacture, acquisition, storage, transportation or forwarding of narcotic drugs, psychotropic substances or their analogues without the purpose of sale. Considering the fact, the Draft law proposes to exclude Art. 309 from the CC of Ukraine, replacing criminal liability to administrative liability for committing of certain illegal actions, it is emphasized that a number of problematic issues have arisen today regarding the implementation of such a draft law, since both society and state bodies are not ready for such changes. The conducted analysis showed that the decriminalization of Art. 309 of the CC of Ukraine has different points of view. Some scientists believe that decriminalization can help reduce drug addiction and drug-related crime, as instead of being prosecuted, people will be able to get medical help and support for responsible drug use, and reduce pressure on the justice system. In its turn, a lack of continence in the form of sufficient punishment threat will reproduce committing of a number of new, more serious criminal offenses. That is why the authors of the article believe that the decriminalization of drug use can confirm the negative social consequences of drug addiction and can send the wrong message to young people on drug use. Concerns have also been expressed that such decriminalization may lead to an increase in drug use and an increase in the risk of harmful effects on people’s health, and even more so will lead to committing of other, more serious criminal offenses. Key words: criminal offense, crime, criminal misdeed, criminal responsibility, administrative offense, administrative responsibility, decriminalization, background phenomena for crime, marginal environment, narcotic drugs, drug addiction, juvenile delinquency, involvement of juveniles to narcotic drugs use, criminogenic factors, determinants, self-serving violent crime, violent criminal offenses, criminal groups, criminal offenses in the domestic (family) sphere, prevention, police officers, evidence.