Practical implementation of interventional doctrines against illegal trafficking

Abstract

The article is devoted to the analysis of the problem of application of interventionist doctrines of legal responsibility for illicit drug trafficking. It is noted that the interventionist doctrine is a prerequisite for the creation of legal norms, and is also a source of law that affects the content of regulations. There are three doctrines of responsibility used in the field of drug trafficking: interventionist, eclectic, liberal. The main stages of anti-drug legislation are considered and three periods of use of interventionist doctrines are identified: 1) time interval from X to early eighteenth century; 2) the first years of Soviet power in 1917—1921; 3) the stage from 1974 to 1989. The most characteristic features of the interventionist doctrine in the field of responsibility for illicit drug trafficking are singled out: 1) wide use of the norms of the criminal legislation; 2) application of severe penalties; 3) the priority of public interests to the detriment of the interests of the individual. It is stated that in practice, on the basis of such doctrines, legislative acts were adopted, in which the penalties were the death penalty, long terms of imprisonment, confiscation of property. Thus, after the end of the fighting of 1917—1921, a significant number of drug addicts appeared in the country, among former Red Army soldiers who committed crimes in order to obtain money to purchase such substances. It is shown that the use of interventionist doctrine has not led to a decrease in the number of drug addicts, the number of crimes related to these dangerous substances. These results indicate the need to amend the articles of the Criminal Code of Ukraine, which set long terms of punishment. Key words: Criminal Code, Ukraine, legal liability, interventionist doctrine, drug trafficking, punishment.