ACTUAL PROBLEMS OF THE OBJECT OF CRIMINAL OFFENSE IN THE FORM OF FALSIFICATION OF MEDICINES OR TRAFFICKING IN FALSIFIED MEDICINES

Abstract

This scientific article is devoted to topical issues of the object of criminal offense in the form of falsificationof medicines or trafficking in falsified medicines. The correct definition of the object of a criminal offense has boththeoretical and practical significance. It is an obligatory constructive element of any composition of a criminaloffense without which this corpus delict, criminal offense and criminal liability for it is absent. In the legal literature,the issue of the object of a criminal offense in the form of falsification of drugs or the circulation of falsified drugs hasbeen addressed in the works of certain scholars. However, in the works of these scientists, the object of the criminaloffense provided for in Article 321-1 of the Criminal Code of Ukraine was insufficiently studied. The purposeof the article is to solve current problems of the object of criminal offense in the form of falsification of drugs ortrafficking in falsified drugs. On the basis of the analysis of scientific views, theoretical positions and the legislationthe object of the crime provided by Article 321-1 of the Criminal Code of Ukraine is investigated. Without enteringinto controversy over the concepts of defining the object of a criminal offense, it is taken as the basis and defines itas public relations, which are protected by criminal law and which cause harm or threaten to cause it. The generalobject of a criminal offense in the form of falsification of medicinal products or circulation of falsified medicinalproducts is not specific social relations, but their totality (system), which are placed under the protection of criminallaw and which cause (cause) harm or threaten to cause such damage. The generic object of this criminal offense ispublic relations in the field of trafficking in narcotic drugs, psychotropic substances, their analogues or precursorsand other public relations in the field of public health. The main direct object of criminal encroachment provided for in Article 321-1 of the Criminal Code of Ukraine is the procedure established by law for the manufactureand circulation of medicines. An additional object is the life and health of the person, as well as property rights.