The article is devoted to the analysis of the concept of smuggling, the objects of this criminal offense, and the definition of its types, taking into account the scientific legacy of the outstanding scholar in the field of criminal law, talented teacher, and organizer of higher legal education in Ukraine, Professor V. Stashis. It is noted that smuggling is the illegal movement of goods or other items across the state border.

The purpose of this article is to define the types of smuggling in modern criminal law and legislation of Ukraine, their signs and general characteristics.

It has been established that the main types of smuggling include goods (with evasion of customs duties), weapons and drugs, as well as cultural values, potent substances, and financial smuggling.

The criminal law characteristics are determined by the country’s legislation and include the objects of the offense, the subject of the criminal offense, and the sanctions, which may vary depending on the type and severity of the offense.

It has been noted that the relevance of addressing the problems of combating smuggling by criminal law means is due to the fact that this activity has now become a widespread negative phenomenon in Ukraine, posing a real threat to the important economic interests of the state and taking on increasingly organized forms. In order to correctly classify an act as smuggling, it is important to understand the meaning of all the elements of this criminal offense and its types, which correspond to certain norms of the current Criminal Code of Ukraine.

The article proposes a classification of smuggling according to various criteria: by subject matter, by the legality of the goods (items) being transported, by the type of goods (items) being transported, by the party suffering damage, by the type of illegal operation, by the purpose of the illegal transportation, by the method of commission, and by the level of danger of the act. It is noted that the generic object of most smuggling offenses is social relations in the sphere of ensuring the legal regulation of economic activity and the normal functioning of the economy, while the generic object of the offense provided for in Article 305 of the Criminal Code of Ukraine is public health.

A proposal is made to remove “poisonous and potent substances” from Article 201 of the Criminal Code of Ukraine and transfer them to Article 305 of the Criminal Code of Ukraine; to harmonize the content of the provisions of Articles 201³ and 201⁴ of the Criminal Code of Ukraine by specifying which goods are referred to.

Bibliography

Edited books

1. Kryminalne pravo Ukrainy: Osoblyva chastyna: pidruchnyk (V Stashis, V Tatsiy (red), 4-te vyd., Pravo 2010) (in Ukrainian).

2. Kryminalne pravo Ukrainy: Zahalna chastyna: Pidruchnyk dlia studentiv yuryd. spets. vyshch. zakladiv osvity (M Bazhanov, V Stashis, V Tatsiy (red), Yurinkom Inter, Pravo 2002) (in Ukrainian).

3. Stashis V, Vybrani pratsi (V Tatsiy, V Borysov, L Demydova (uklad); V Tatsiy (red), Pravo 2015) (in Ukrainian).Journal articles

4. Danylevska Yu, Danylevskyi A, ‘Kryminalno-pravova kharakterystyka zlochynu, peredbachenoho st. 305 KK Ukrainy’ [2023] 4(82) Derzhava ta rehiony. Seriia: Pravo 241– 247 (in Ukrainian).

5. Myroshnychenko N, ‘Kvalifikatsiia kontrabandy narkotychnykh zasobiv, psykhotropnykh rechovyn, yikh analohiv, prekursoriv abo falsyfikovanykh likarskykh zasobiv’ [2012] 46 Aktualni problemy derzhavy i prava 304–309 (in Ukrainian).

6. Stashis V, ‘Osnovni novely novoho Kryminalnoho kodeksu Ukrainy’ [2003] 2–3(33–34) Visnyk Akademii pravovykh nauk Ukrainy 612–626 (in Ukrainian).