Pharmaceutical criminal offenses: history and contemporaneity

Abstract

The article researched the so-called "Pharmaceutical criminal offenses”, which are contained in Chapter XIII of the Criminal Code of Ukraine (hereinafter, CCU), where a significant number of norms apply specifically to medicines. The purpose of the article is to study the history of the formation of pharmaceutical criminal offenses, problems of their qualification and the determination of prospects for their improvement. Currently, medicines are mentioned in Chapter XIII of the Special Part of the CCU (Art. 321-2); stupefy medicines that do not contain narcotic or psychotropic or their analogues (Art. 322, 324); medicines that contain narcotic or psychotropic substances or are their analogues (Art. 307, 308, 309, 318, 319 and 320); powerful or poisonous medicines (Art. 306, 321); falsified medicines (Art. 305, 321-1).
 During the research, several terminological inconsistencies were revealed; gaps related to the implementation of the Medicrime Convention, in particular, it was stated that medical products are not fully protected by the criminal law, because the CCU refers to medicines, and they are only part of medical products. It was established that certain aggravating circumstances provided for by Art. 13 of the Medicrime Convention, were not taken into account either as qualifying features or by Art. 67 of the CCU; measures have not been taken to ensure the possibility of bringing legal entities to justice for the crimes (Art. 11 of the Medicrime Convention). It was also emphasized that the approach according to which the qualification do as of illegal circulation of narcotic and psychotropic medicines under the articles of the so-called "drug crimes” needs to be reviewed. The problem of the lack of proper qualifications for radioactive (radiopharmaceutical) medicines and smuggling poisonous or powerful medicines has been singled out.