ANALYSIS OF JUDICIAL PRACTICE REGARDING THE ADMISSIBILITY OF EVIDENCE OBTAINED AS A RESULT OF CONTROL OF DRUG CRIME

Abstract

 The issues of combating drug crime are becoming increasingly relevant due to the rapid increase in the
volume of illegal drug trafficking in Ukraine and around the world, the growing negative impact of drug addiction
on the interests of society and the state, and the constant improvement of the means and methods of illegal activity in
this area. Crime control is currently one of the most effective tools for identifying individuals who commit serious and
especially serious criminal offenses in the sphere of drug trafficking. The purpose of the article is to summarize the
judicial practice of determining the criteria for the admissibility of evidence obtained during the control of drug crime.
The research methods were selected taking into account the outlined goal and objectives, the specifics of the object and
subject of the research. They are based on the general dialectical method of scientific knowledge of real phenomena, as
well as their connections with the practical activities of law enforcement agencies and the court. The special research
methods are: the method of system analysis; system-structural; comparative-legal; logical-legal. The main results of
the study, in particular, the scientific novelty, consist in the development of approaches to determining the form of
future control by the prosecutor over the commission of a drug crime and analyzing how procedural errors by the
supervising prosecutor affect the admissibility of the evidence obtained. Furthermore, the research identifies criteria
for distinguishing between lawful control over the commission of a drug crime and provocation of such offense.
These criteria are divided into procedural and substantive, with the latter classified as absolute (unconditional) or
indirect (conditional) (with an explanation of each type). An algorithm for conducting control over the commission
of a drug crime are developed, which allows ensuring the admissibility of evidence that will be obtained based on
its results. The indicated results have both theoretical (as a basis for further research into the issues of using control
over the commission of a crime to combat the illicit trafficking of narcotic drugs, psychotropic substances and their
analogues and precursors) and practical significance ‒ for the use of the specified criteria and algorithm by prosecutors,
investigators and operational officers to ensure the effectiveness of combating drug crime.