CRIMINAL LIABILITY FOR THE INVOLVEMENT OF MINORS IN THE COMMITMENT OF CRIMINAL OFFENSES IN THE FIELD OF ILLEGAL TRAFFIC OF NARCOTICS, PSYCHOTROPIC SUBSTANCES, THEIR ANALOGUES ACCORDING TO THE CRIMINAL LEGISLATION OF CERTAIN FOREIGN COUNTRIES

Abstract

The scientific article analyzes the criminal legislation of foreign countries in terms of establishing criminal liability for involving minors (minors) in the commission of an illegal act, including the commission of criminal offenses in the field of illegal circulation of narcotic drugs, psychotropic substances, and their analogues. The author notes that the involvement of minors in illegal criminal activity is defined differently in the criminal legislation of foreign countries. It was concluded that the combination of certain types of anti-social acts, in the commission of which a minor may be involved, is typical for the legislation of most foreign countries that arose in the post-Soviet space. The results of the conducted analysis give grounds for asserting that in the criminal legislation of foreign countries, the norms on responsibility for involving minors in illegal activities have a rather extensive system. Taking into account the positive experience of foreign countries, the author considers it expedient to propose to structurally improve the norms of the Code of Criminal Procedure of Ukraine and separate them (unite them in a separate section). Such an approach allows to separate socially dangerous offenses that have a common generic object into a separate section, which will focus on the norms of responsibility for criminal offenses against the normal physical and moral development of minors. Such a legislative decision will influence the construction of criminal law norms taking into account the homogeneity of values protected by law, will be able to help determine the content of sanctions of these norms, the mechanism of harming goods protected by law, solving issues of exemption from criminal liability and punishment, distinguishing between criminally punishable and non-criminal behaviour, and as well as related components of criminal offenses.