CRIMINAL LAW ENFORCEMENT OF SMUGGLING PREVENTION: FOREIGN EXPERIENCE

Abstract

This article notes that the problem of preventing smuggling is mostly solved by imposing high administrative and criminal sanctions for its commission. Especially in countries where economic growth is accompanied by constant improvement of smuggling methods and high activity of criminal groups involved in it. It is noted that the problem of preventing smuggling has been relevant for many centuries and the leadership of various countries is trying to apply vigorous and large-scale prevention measures, increasing responsibility for engaging in such illegal activities.

The article also emphasizes that criminal responsibility for drug smuggling is contained in another section of the Criminal Code. At the same time, each rule of law separately defines responsibility for the smuggling of individual goods, objects or substances.

The article analyzes separate provisions of criminal liability for smuggling of different countries. Yes, Art. 151 of the Criminal Code of the People's Republic of China establishes liability for smuggling weapons, ammunition, nuclear materials or counterfeit currency; smuggling of cultural values, gold, silver and other precious metals prohibited by the state from being exported from the country, as well as valuable animals and products made from them, prohibited by the state from being imported into the country; smuggling of unique plants and products from them prohibited by the state for export from the country; criminal offenses mentioned in parts one and two of this article, under particularly aggravating circumstances.

It is emphasized that the analyzed articles are as similar as possible to the composition of the criminal offense provided for in Art. 201 of the Criminal Code of Ukraine and 305 of the Criminal Code of Ukraine. At the same time, according to the Criminal Code of the People's Republic of China, such actions are punishable by life imprisonment or the death penalty with confiscation of property, which is a more severe type of punishment than under the criminal legislation of Ukraine.