The existing prosecution mechanism does not solve the problem.
The Verkhovna Rada of Ukraine decided to change the mechanism of tracking and punishing for putting pictures advertising drugs and other goods and services on houses and other structures. The text of the draft law on amendments to the Code of Ukraine on Administrative Offenses and the Criminal Code of Ukraine regarding the improvement of liability for illegal placement of advertisements on territories, houses and structures, as well as for the advertisement of narcotic drugs (No. 7558) is posted on the website of the Parliament.
According to the authors of the legislative initiative, presented by several dozen people's deputies, the problem lies not only in the ineffectiveness of the punishment, but also in the conceptual error that such violations should be monitored by the State Production and Consumer Service.
“The State Consumer Inspection and its territorial bodies consider the facts of violations on the basis of complaints from individuals, and the objects of such complaints are most often not street violators, but real subjects of economic relations who advertise their goods, works or services with certain violations. Because of this The bodies of the State Consumer Inspection cannot promptly react to a newly recorded violation, detain the violator, etc., unlike law enforcement agencies, the National Police,” says the explanatory note to the project.
However, according to people's deputies, the efforts of one National Police will not be enough here either. And therefore, they plan to empower “officials authorized to do so by executive committees, as well as members of public formations for the protection of public order” to monitor violators.
In addition, according to the deputies, the measure of punishment for this offense does not contribute to its eradication either. And that is why they propose to strengthen responsibility, up to the introduction of a criminal one.
The draft law proposes to establish in the Criminal Code that the placement of advertisements on territories, houses and structures in any form, with the aim of selling narcotic drugs, psychotropic substances, their analogues or precursors, in particular the placement of advertisements of technical resources (websites, electronic communication networks, etc.) or means of communication (in particular, a mobile phone) used for the purpose of selling drugs – is punishable by restriction of liberty for a term of up to five years or deprivation of liberty for a term of two to five years.
If such actions were committed repeatedly or by a person who previously committed one of the criminal offenses provided for in Articles 307, 308, 310, 314, 317 of the Criminal Code, or were similarly committed with the involvement of a minor, it is punishable by imprisonment for a term of 5 to 12 years .
In the Code of Administrative Offenses, the draft law specifies that similar placement of advertising on territories, houses and structures in any form, without the written consent of the owners of such territories, houses and buildings or bodies (persons) authorized by them – entails the imposition of a fine from 60 to 120 non-taxable minimum incomes of citizens (from 1,200 to 2,400 UAH).
If such actions were committed by a group of persons or repeatedly within a year after the imposition of an administrative fine, this will entail the imposition of a fine from 120 to 240 of the tax-free minimum income of citizens (from 2 thousand 40 to 4 thousand 80 UAH).
“The existing prosecution mechanism, provided for by Order No. 693, in the specified cases of arbitrary advertising is ineffective, because it is not able to perform a preventive function, and in most cases – even to establish the identity of the violator. Ukrainian cities and settlements have been suffering from a well-known problem for a long time – arbitrary advertising that distorts the facades of buildings, structures and territories, and is placed through the display of mobile phone numbers, links to Internet sites or so-called bot channels in messengers. Such advertising applies not only to ordinary goods and services, but also prohibited. The issue of illegal advertising of narcotic drugs is particularly acute, which both local and national mass media have been writing about for years,” the explanatory note says.
We remind you that in 2020, the SBU covered 15 drug laboratories and seized more than 2.5 tons of drugs, precursors and psychotropic substances.
align: justify;”> SBU officers documented 64 episodes of drug smuggling, including preventing the movement of 750 kg of Coptagon – also known as the “combat drug of ISIS” – across the border.
In the seaport “Pivdenniy” SBU officers blocked seven large consignments of cocaine. Most often, drug cartels hide goods in fruit containers.
Also, during the year, the SBU liquidated 30 organized criminal groups engaged in the drug business.
