Illegal sale of narcotic drugs using electronic information resources: problems of qualification

In recent years, due to the pandemic and the war in Ukraine, the situation has only worsened, so the article is devoted to the problematic issues of the gap in the law on criminal liability regarding the strengthening of criminal liability for the illegal sale of narcotic drugs, psychotropic substances, their analogues by contactless means. The article draws attention to the problem of modernization of the sale of narcotic drugs, psychotropic substances and their analogues through the use of electronic information resources («marks», contactless sale). The analysis of previous publications on the specified topic was carried out and the opinion of scientists regarding further scientific developments regarding the non-contact method of distribution of narcotic drugs was taken into account. The disposition of Art. 307 of the Criminal Code of Ukraine has not changed for more than twenty years, although we know that crime is constantly changing and adapting to new conditions for effective illicit enrichment, which is the focus of the article. The author provides examples of the negative impact of using a special, so-called, contactless method or the method of «marking» the sale of drugs. Examples of judicial practice and peculiarities of qualification by the «mark» method are considered. In addition, the article analyzes foreign legislation, namely the Criminal Code of the Republic of Kazakhstan, and provides an example of how to solve the problem by strengthening criminal liability. According to the Criminal Code of the Republic of Kazakhstan, illegal sale of drugs through the use of electronic information resources is a particularly qualifying circumstance and provides for a penalty of imprisonment from ten to fifteen years with confiscation of property. Under national law, in the absence of other qualifying circumstances, such actions of the perpetrator should be qualified under Part 1 of Article 307 of the Criminal Code of Ukraine, where the sanction of the article is much less than under the qualifying circumstances. Therefore, the article concludes that it is advisable to amend Article 307 of the Criminal Code of Ukraine, namely, the need to enhance criminal liability for the sale of narcotic drugs, psychotropic substances and their analogues through the use of electronic information resources.