COUNTERFEIT PHARMACEUTICAL DRUGS AS RESEARCH OBJECT IN CRIMINALISTICS


  • I. V. Parfilo
Keywords: counterfeit pharmaceutical drugs, subject of criminal encroachment, circulation of counterfeit drugs, criminalistic description of falsification and circulation of counterfeit drugs.

Abstract

Counterfeit pharmaceutical drugs are investigated as a subject of a criminal encroachment in the structure of criminalistic characteristics of falsification and circulation of counterfeit drugs. Main channels and sources of receipt of counterfeit pharmaceutical drugs on the Ukranian pharmaceutical market are analyzed. It is proved that structuring of effective method of investigation into examined category of crimes involves carrying out a criminalistic analysis of the criminal encroachment subject and its significance for the structuring of a criminalistic description of these crime. Concept and criminal significant signs of counterfeit pharmaceutical drugs are investigated. It is substantiated that criminalisic feature of the subject of a criminal encroachment other than a criminal law is that it is a consequence of the perceiving and tracing objects of living and inanimate nature, their qualitative and quantitative indices, physico-chemical and consumer properties individualize subject in material world. It is noted that one of the areas of improving the methodology for investigating falsification and circulation of counterfeit pharmaceutical drugs is the study and systematization of data on the subject of a criminal encroachment, identification of regular relationships between hіm and other elements of the criminalistic description of investigated crime сategory. The criminalistic classification of counterfeit drugs according to forgery method; pharmacological group; exterior form; a protecting method of packaging or labels; legal regime for pharmaceutical drug treatment is proposed. It has been proved that subject of a criminal encroachment as a structural element of the criminalistic description of falsification and circulation of counterfeit drugs is important for detection, disclosure and investigation on this crime category, as this is an important source of actual information that allows modeling the mechanism of crime committing and provides an opportunity to gather evidence of such criminal activity while investigation. Scientific approaches and suggestions for solving the controversial issues of criminalistic research of counterfeit drugs are formulated and their significance for formulation and implementation of the investigation methodology of this crime category are indicated.


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Published
2018-12-26
How to Cite
Parfilo, I. V. (2018). COUNTERFEIT PHARMACEUTICAL DRUGS AS RESEARCH OBJECT IN CRIMINALISTICS. Theory and Practice of Forensic Science and Criminalistics, 18, 134-146. https://doi.org/10.32353/khrife.2018.15