Criminal liability for the trafficking in counterfeited medicinal products: problems of legislation and enforcement in Ukraine
| Autor | Viktor Y. Konopelskyi - Valentyna O. Merkulova - Oksana A. Hrytenko - Liudmyla M. Kulyk |
| Cargo | Odessa State University of Internal Affairs - Odessa State University of Internal Affairs - Odessa State University of Internal Affairs - Odessa State University of Internal Affairs |
| Páginas | 1005-1029 |
Periódico do Núcleo de Estudos e Pesquisas sobre Gênero e Direito
Centro de Ciências Jurídicas - Universidade Federal da Paraíba
V. 9 - Nº 04 - Ano 2020
ISSN | 2179-7137 | http://periodicos.ufpb.br/ojs2/index.php/ged/index
1005
CRIMINAL LIABILITY FOR THE TRAFFICKING IN
COUNTERFEITED MEDICINAL PRODUCTS: PROBLEMS OF
LEGISLATION AND ENFORCEMENT IN UKRAINE
Viktor Y. Konopelskyi
1
Valentyna O. Merkulova
2
Oksana A. Hrytenko
3
Liudmyla M. Kulyk
4
Abstract: The paper focuses on
consideration of factors of international,
socio-economic and legal nature that
determine the dynamics and content of
criminal liability for trafficking in
counterfeit medicines in Ukraine. Some
discussion points, both theoretical and
legal, concerning trafficking in
counterfeit medicines are considered.
Attention is drawn to the fact that
counterfeits’ volume is highly dependent
on the amount of patent advertising of
medicines, which is an appropriate
benchmark for criminals who
manufacture low-quality and
unregistered medicines, mainly in
underground handicraft production.
Particular attention is paid to the ratio of
counterfeiting and patent advertising of
1
Odessa State University of Internal Affairs, Uspenska Street, 1, Odessa, 65014, Ukraine. E-mail: vik-
konopelskyi@uohk.com.cn
2
Odessa State University of Internal Affairs, Uspenska Street, 1, Odessa, 65014, Ukraine
3
Odessa State University of Internal Affairs, Uspenska Street, 1, Odessa, 65014, Ukraine
4
Odessa State University of Internal Affairs, Uspenska Street, 1, Odessa, 65014, Ukraine
medicines. It is investigated Art. 321-1
of the Criminal Code of Ukraine, in
accordance with the perfection and
clarity of legislative definitions, their
compliance with requirements of
systematic interrelation of criminal law
provisions, justice principles and
differentiation of criminal liability. It is
proved that it is important to develop our
own legislative and enforcement
experience in the field of preventing the
trafficking in of counterfeit medicines,
systematic principled approaches in the
part of regulatory legal formulations and
their judicial interpretation during
practical application. In particular, the
improvement of the criminal law in
terms of ensuring the clarity of penal
provisions contained in Art. 321-1 of the
Periódico do Núcleo de Estudos e Pesquisas sobre Gênero e Direito
Centro de Ciências Jurídicas - Universidade Federal da Paraíba
V. 9 - Nº 04 - Ano 2020
ISSN | 2179-7137 | http://periodicos.ufpb.br/ojs2/index.php/ged/index
1006
Criminal Code of Ukraine, as well as
determining the place and role of the
relevant article of the Criminal Code in
the system of other criminal legal norms
that affect the population health.
Keywords: counterfeiting, criminal
liability, drugs, superpotent, toxic.
Introduction
The relevance of the chosen
topic is determined by many factors of
international, socio-economic, legal
nature that will allow time, space and
subjects of certain relations to determine
the dynamics and content of criminal
liability for trafficking in in counterfeit
medicines in Ukraine, to determine the
problems of legislation in this part. At
the time of inforcement of the new
criminal legislation of Ukraine (Criminal
code…, 2001), legal protection of safety
of biological, physical, psychological
state of both a person and an indefinite
group of persons was considered mainly
from the point of view of effectiveness of
illicit trafficking, prevention of narcotic
drugs, psychotropic substances,
poisonous and potent substances,
intoxicants, poisonous and potent drugs.
However, the identified trends in the
constant and significant annual increase
in the demand of the population of
Ukraine for medicines that were
converted to consumer goods, used by
the population both in cases of direct
disease treatment, and in cases of their
prevention – increased the relevance of
these medicines’ quality, opportunities
volumes of trafficking in pharmaceutical
market of low-quality, counterfeit
medicines.
Since 2003, the problem of
preventing admission to pharmaceutical
market of counterfeit medicines in
Ukraine has been recognized
nationwide. The Resolution of the
Cabinet of Ministers of Ukraine
approved the program for combating
production and distribution of
counterfeit medicines for 2003-2008,
which provides for significant
strengthening of state regulatory
functions, control over the quality of
medicines at all stages of their trafficking
(Program of fight against production…,
2003). However, in addition to certain
organizational and functional
deficiencies in activities of government
agencies to prevent counterfeiting of
medicines (lack of proper control over
trafficking, quality, import of medicines;
presence of large quantity of
intermediaries in trade; conflict of
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