JUDICIAL AND PHARMACEUTICAL CHARACTERISTICS OF CRIME’S COMPONENTS OF THE PHARMACEUTICAL PRODUCTS FALSIFICATION AND ADULTERATED MEDICINES TURNOVER

Today, an especially important issue is the development of matters of legal liability formation for infraction in the field of pharmaceutical products falsification and adulterated medicines turnover, determination ways to improve the state-legal mechanism of countercheck to the given phenomenon.

This paper deals with analysis of the components of crime provided by Art. 321-1 of the Criminal Code (CC) of Ukraine, established ways of improving the given norm from the standpoint of judicial pharmacy. In addition, laws and regulations of the Ministry of Healthcare of Ukraine were studied retrospectively concerning concepts’ definition either large or particularly large sizes of adulterated medicines, whereby were established reasons, which rendered impossible the qualification of law-breaker’s actions in terms of target of crime by its volume. The study of subjective characteristics of the components of crime showed that there was no need to set a special subject of crime, because there is an opportunity to qualify additionally doctors’ and pharmacists’ participation in the organization of medications’ falsification or adulterated medicines turnover under Art. 364 or 364-1 of the CC of Ukraine.