Social and Legal Studios

Abstract

Methodological principles of latent factors exposure of person’s inclination for applying toxic substances are covered, sources of information considering such a crime are stated as well as operative orientation points for maintaining operative search activity are defined, classification of subjects of crime and features, that identify them during maintaining of operative search activity is illuminated in the article. Too many juveniles apply toxic substances by their own initiative, as usual it related to low-income of separate categories of population, general and pedagogical neglect. They become aware of toxic substances and the ways of their applying from their peers from school, mass media, and from referent groups. Reason for starting applying such substances are caused from interest and desire to try new emotions and thrilling as well as to feel “comfort” during the communication in peers’ group, much free time, difficulties of spending time with pleasure and effectiveness, boredom, etc. As a result of such uncontrolled applying absolutely easily could appear by-effect. Thus, a person, who directly inclines a juvenile to particular action, is difficult to find, as there is no causal relationship in such a situation, so corpus delicti is absent. As the above mentioned, for the qualification of actions, provided by chapter 3, article 324 of Criminal Code of Ukraine, it’s necessary to establish: the fact of applying toxic substances of a juvenile and the reason of inclining by adult, that created a real danger for juvenile’s heath or caused serious consequences, or a juvenile applied toxic substances by his own initiative. To sum it up, inclination become a reason and precede possible or already appeared consequences

Keywords: toxicomania, subject of a crime, subjective part of a crime, criminal liability, subjective part of inclination of juveniles for applying toxic substances, principle of guilt in criminal law

Suggested citation