PERSPECTIVES OF CRIMINAL LIABILITY OF PERSONS COMMITTING OFFENSES IN CONNECTION WITH THE ADDICTION TO DRUGS AND OTHERS PSYCHOACTIVE THINGS

Abstract

The article analyzes the concept of “psychoactive substances”, as well as a critical analysis of changes proposed to administrative, criminal and criminal procedural legislation, by adopting the Draft Law “On Amendments to Certain Legislative Acts of Ukraine Concerning the Peculiarities of Criminal Liability of Persons Committing Offenses in Connection with Addiction to Narcotic Drugs and Other Psychoactive Substances, and the Organization of Rehabilitation of Such Persons” (reg. № 5715 from 29.06.2021). Thus, it is argued that the notion that the authors of the bill propose to supplement the current criminal law, in particular, “mental and behavioral disorders due to substance abuse” is quite vague and archaic, while the notion of “criminal offense in connection with the presence of mental and behavioral disorders in persons”, on the contrary, needs a legislative definition. In addition, its enshrinement at the legislative level will lead to misunderstandings regarding the assessment of the actions of persons who have committed criminal offenses under the influence of psychoactive substances, such as revenge, jealousy or in order to seize money, etc. There are also arguments against enshrining in the current criminal law a number of preferential institutions, which the authors of the bill are proposing to provide in the current Criminal Code of Ukraine, in particular, exemption from criminal liability of persons with mental and behavioral disorders due to use of psychoactive substances or exemption from criminal liability socially dangerous act due to the presence of mental and behavioral disorders due to the use of psychoactive substances. Critical remarks are made on the proposed amendments to the Criminal Procedure Code of Ukraine and the Code of Ukraine on Administrative Offenses.