Проблеми кримінально-правової кваліфікації правопорушень обігу небезпечних хімічних речовин на території України

Abstract

Aim of the Research. To make the systematic analysis of structure of the crimes of Ukraine providing responsibility for smuggling of poisonous substances (Article 201 of Criminal Code of Ukraine) and for illegal production, manufacture, acquisition, transportation, shipment, storage for the purpose of sale or sale of poisonous or potent substances, or poisonous or potent drugs (Article 321 of the Criminal Code of Ukraine). Provide proposals to bring the legislation of Ukraine concerning the list of toxic substances their production, storage, transportation, use, disposal, destruction and disposal in accordance with EU legislation. Materials and Methods. The research is based on international and domestic legislation, scientific publications, materials of scientific and practical conferences, etc. The following methods are used in the work: dialectical, systematic analysis of the internal construction of the system of criminal law, formal-logical definition, modeling, analogy, logical and formal-legal. Results and Discussion. The article examines the issue of criminal liability for socially dangerous acts related to toxic substances. A brief legal analysis was performed. Attention is focused on the need to bring the legislation of Ukraine in line with the requirements of the legislation of the European Union. It is noted that in the EU there is no term “toxic substances” in laws and regulations, and the term dangerous substance is used. Conclusions. It is necessary to develop a draft regulatory document harmonized with EU requirements instead of the repealed Resolution of the Cabinet of Ministers of Ukraine No 440, which concerns the procedure for handling these substances. Keywords: criminal code, poisonous substance, dangerous substance, normative document, smuggling.