ENCOURAGING MINORS TO USE DOPING (ARTICLE 323 OF THE CRIMINAL CODE OF UKRAINE): ANALYSIS OF THE ELEMENTS OF A CRIMINAL OFFENSE AND THE PROBLEM OF QUALIFICATION

Abstract

Abstract. The article identifies the features of encouraging minors to use doping (Article 323 of the Criminal Code of Ukraine), analyzes the elements of the criminal offense and the problem of qualification. The author notes that doping is a type of criminal offense that encroaches on pharmaceutical activity. The problem of legal regulation, according to the author, is the «uniformity» of the definition of the concept of doping in the criminal and regulatory legislation of Ukraine. An analysis of such «disparity», as well as an appeal to the experience of foreign countries (in particular, the criminal legislation of the Republic of Estonia), as the author notes, makes it possible to determine how it affects the identification of the signs of the subject of a criminal offense, provided for in Art. 323 of the Criminal Code of Ukraine, which refers to encouraging minors to use doping. The article states that the main direct object of the criminal offense provided for in Art. 323 of the Criminal Code, is compliance with the established anti-doping rules in the process of anti-doping activities, which applies to minors and ensures the prevention of the use of pharmaceutical doping substances by minors (in other words, prevents these substances from «entering» the body of minors). It is noted that when interpreting the content of the notes to Art. 323 of the Criminal Code, it is necessary to take into account the provisions of regulatory legislation relating to the use of a prohibited substance or method. In the opinion of the author, under «incitement» in Part 1 of Art. 323 of the Criminal Code should be understood as any intentional actions (persuasion, suggestions, advice, persuasion, coercion, use of violence, threats, blackmail, etc.) aimed at arousing such a person’s desire to use doping or try to do it at least once.