Foreign Experience in Legal Regulation of Combating Crime in the Sphere of Trafficking of Narcotic Drugs, Psychotropic Substances, their Analogues and Precursors: Administrative and Criminal Aspect

Abstract

Background: The article highlights a type of illegal drug trafficking using the internet (the virtual drug business) that is currently relevant for Ukraine. Illegal distribution of narcotic drugs, psychotropic substances and precursors via the internet is characterized. Methods: The methodological basis of the research is presented as comparative- legal and systematic analysis, formal-legal method, interpretation method, hermeneutic method as well as methods of analysis and synthesis. The following research methods were used in the process of performing the set tasks: With the help of the formal-logical method, the main legal categories of the legal regulation of combating crime in the sphere of trafficking of narcotic drugs, psychotropic substances, their analogues and precursors were studied; the system-structural method was used to identify and analyze methods of combating crime in the sphere of trafficking of narcotic drugs, psychotropic substances, their analogues and precursors; with the help of the comparative-legal method, the foreign experience of legal regulation of combating crime in the sphere of trafficking of narcotic drugs, psychotropic substances, their analogues and precursors was analyzed, which deserves attention; with the help of the formal legal method, appropriate proposals for Ukrainian legislation were prepared. Results: Positive experience of special law enforcement agencies of the United States of America, Great Britain, Spain, Sweden, the Czech Republic and Estonia was studied. A separate legal analysis of the legal acts of foreign countries on combating illegal sale of narcotic drugs, psychotropic substances or their analogues via the internet and improving activities performed by Ukrainian law enforcement agencies in the specified area were carried out. Conclusion: It was established that as of today functions of countermeasures in foreign countries give way to criminal-based prevention of ensured elimination of causes and conditions as well as to preventive measures aimed at controlling crime with the use of a wide range of citizen assistance. During the research, the main scheme of illegal sale of narcotic drugs, psychotropic substances or their analogues using the internet was established • Methods of ordering (various messengers, free services of instant transmission of SMS, audio, video messages, social networks: Facebook, Instagram, Twitter, Skype, Viber, WhatsApp, etc.); • Methods of payment for the ordered narcotic drug (methods of transferring money through self-service payment terminals: PrivatBank, IVOH; Savings Bank; via electronic payment systems and electronic wallets Privat24, Oschad24, Global Money, QIWI, PayPal, EasyPay; by replenishing electronic wallets with “electronic money,” as well as payment with electronic currency “Bitcoins” or cryptocurrency (crypto-services: BTCU, Bitobmen. Pro, EXMO); by replenishing a mobile phone number; in person during the meeting; by leaving money at the specified place; by leaving money at the place of a stash point organized); • Drug packaging depending on the type of substance, their forwarding or forwarding of drug stash points (openings between windows, electrical panels in entrances, deserted places in parks and squares, tree hollows, empty buildings and structures, etc.)