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LAW OF UKRAINE

of February 15, 1995 No. 62/95-BP

About measures of counteraction to drug trafficking, psychotropic substances, precursors and to abuse of them

(as amended on 17-06-2020)

This Law taking into account the international obligations determines system of the measures in Ukraine directed against drug trafficking, psychotropic substances, precursors and abuse by them and also determines the rights and obligations of legal entities and citizens in connection with application of this Law.

Section I General provisions

Article 1. The main terms which are applied in this Law

For the purposes of this Law the following terms are applied:

drug trafficking, psychotropic substances and precursors - acts on: to cultivation of the plants included in the List of drugs, psychotropic substances and precursors, to development, production, production, storage, transportation, transfer, acquisition, sale, import to the territory of Ukraine, export about the territories of Ukraine, to transit through the territory of Ukraine, to use, destruction of drugs, psychotropic substances and precursors performed with violation of the law about drugs, psychotropic substances and precursors;

drug addiction - the mental disturbance caused by dependence on drug or psychotropic substance owing to abuse of this means or this substance;

the face sore with drug addiction, - person suffering from mental disturbance which is characterized by mental and (or) physical dependence on drug or psychotropic substance and to which by results of the physical examination conducted according to this Law the diagnosis "drug addiction" is established;

the illegal use of drugs or psychotropic substances - the use of drugs or psychotropic substances without appointment of the doctor;

abuse of drugs or psychotropic substances - intentional systematic illegal consumption of drugs or psychotropic substances;

medical examination - out-patient survey of person for the purpose of establishment of condition of drug intoxication;

physical examination - inspection of person in stationary conditions for the purpose of establishment of the diagnosis "drug addiction";

narcological organizations - organizations (departments or offices) which give narcological help in the procedure established by the law;

voluntary treatment - the treatment of drug addiction performed with the consent of the patient or his legal representative;

forced treatment - treatment based on the judgment of the patient with drug addiction who evades from voluntary treatment or continues to consume drugs without appointment of the doctor and violates the rights of other persons;

evasion from medical examination, physical examination or treatment - intended failures to carry out of the order of police rather medical examination, and is equal failure to carry out of appointments and recommendations of the doctor by person abusing drugs or psychotropic substances;

serious mental condition or mental disturbance - the condition which is followed by consciousness obscuring, violation of thinking, will, emotions, intelligence or memory which interfere with perception by person of surrounding reality, the condition or behavior.

Article 2. Legislation on measures of counteraction to drug trafficking, psychotropic substances, precursors and to abuse of them

The legislation on measures of counteraction to drug trafficking, psychotropic substances, precursors and to abuse of them consists of the Law of Ukraine "About drugs, psychotropic substances and precursors", this Law and other legal acts.

Article 3. Organization of counteraction to drug trafficking, psychotropic substances and precursors

Counteraction to drug trafficking, psychotropic substances and precursors the National police, the Security Service of Ukraine, Office of the Attorney-General, the central executive body which realizes the state customs policy, State the central executive bodies realizing state policy in spheres of protection of frontier, the address of drugs, psychotropic substances, their analogs and precursors, counteractions to their illegal address and other executive bodies within the powers conferred to them by the law perform.

The executive bodies authorized by the law on control in the sphere of drug trafficking, psychotropic substances and precursors and the solution of tasks in the field of counteraction to their illicit trafficking in case of identification of violations of procedure for this address apply within the competence adequate measures on elimination of such violations, and in in the presence in actions of persons of signs of administrative or criminal offense shall direct information or give materials to the relevant law enforcement agencies which combat drug trafficking, psychotropic substances and precursors.

Coordination of activities in the sphere of counteraction to drug trafficking, psychotropic substances and precursors is performed by the executive bodies authorized on the solution of tasks in the sphere of counteraction to their illicit trafficking.

Section II of the Measure of counteraction to drug trafficking, psychotropic substances and precursors

Article 4. Controlled delivery

For the purpose of identification of sources and channels of drug trafficking, psychotropic substances and precursors, persons participating in it in each separate case by agreement with relevant organs of foreign states or based on international treaties of Ukraine the method of controlled delivery, that is the admission in control and operational supervision of relevant organs import to Ukraine, export from Ukraine or transit through its territory of drugs, psychotropic substances and precursors can be used.

Controlled delivery can be used also relatively illegal transportation and transfer of drugs, psychotropic substances and precursors which are performed within the territory of Ukraine.

The bases of carrying out controlled delivery are determined by the Law of Ukraine "About investigation and search operations", the Criminal Procedure Code of Ukraine, the Customs code of Ukraine. The procedure for carrying out controlled delivery is determined by the regulation of the central executive body which provides forming and realizes the state financial policy, the Ministries of Internal Affairs of Ukraine, the Security Service of Ukraine, specially authorized central executive body for protection of frontier of Ukraine, approved with Office of the Attorney-General and the Ministry of Justice of Ukraine.

Article 5. Operational purchase

For receipt of proofs of criminally unlawful activity connected with the illegal address of drugs, psychotropic substances and precursors operational purchase - transaction concerning acquisition of drugs, psychotropic substances or precursors can be carried out.

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