| Abstrakt: |
The article deals with the measures of a criminal legal nature, which are applied for criminal offences that encroach on pharmaceutical activity, outside the limits of criminal responsibility. In the opinion of the author, such measures of a criminal legal nature are beyond the scope of criminal responsibility, such as: exemption from criminal responsibility; restrictive measures applied to persons who have committed domestic violence; coercive measures of a medical nature; coercive educational measures; forced treatment; special confiscation; measures of a criminal legal nature against legal entities. Attention is focused on the fact that clarifying the specifics of the application of some of these measures is directly related to the implementation of the norms of the Criminal Code of Ukraine, which provide criminal legal protection of pharmaceutical activity in Ukraine. After all, the relevant norms of the Special Part of the Criminal Code of Ukraine provide for special types of exemption from criminal responsibility (Part 4 of Art. 307, Part 4 of Art. 309, Part 4 of Art. 311, Part 5 of Art. 321, Part 4 of Art. 321-1 of the Criminal Code of Ukraine), and the definition of the concept of special confiscation in Part 1 of Art. 96-1 of the Criminal Code of Ukraine directly includes its application for certain types of the mentioned criminal offences. The article considers the specifics of the application of special confiscation (in particular, for such types of criminal offences that encroach on pharmaceutical activity and are provided for in Parts 2-5 of Art. 134, Art. 138, 142, 305, 306-308, Parts 2, 3 of Art. 309, Art. 312, 314-317, 320, 321, 321-1, 321-2, 322, Parts 2-4 of Art. 323, 324 f the Criminal Code of Ukraine). The author paid special attention to the specific content of the prerequisites and grounds in the legal constructions of special types of exemption from criminal responsibility provided for in Part 4 of Art. 307, Part 4 of Art. 309, Part 4 of Art. 311, Part 5 of Art. 321, Part 4 of Art. 321-1 of the Criminal Code of Ukraine. The author substantiates the relevance of the application of criminal-legal measures against a legal entity for the commission by an authorized entity of a legal entity on behalf and in the interests of this legal entity of criminal offenses provided for in Art. 142, 306, 307, 311, 312, 320, 321, 321-1, 321-2, 322 of the Criminal Code of Ukraine. [ABSTRACT FROM AUTHOR] |
