Current issues of criminal law qualification of smuggling

Abstract

The article is devoted to the study of the classification of such criminal offences as smuggling. First of all, attention is paid to the classification of criminal offences that contain the term ‘smuggling’ in their titles and provisions. Along with this, the article examines the classification of these criminal offences in conjunction with other criminal offences which, by their nature and legal definition, are not smuggling but are committed in a manner that the legislator officially describes as smuggling. The issue of defining smuggling as a method of committing a criminal offence, as well as an object that has the characteristics of smuggling, is examined. In particular, criminal offences that cause damage to the order of movement across the state border include such socially dangerous acts as the illegal importation of waste and secondary raw materials into the territory of Ukraine (Article 268 of the Criminal Code of Ukraine), import, manufacture or distribution of goods that promote a cult of violence and cruelty, racial, national or religious intolerance, or discrimination (Article 300 of the Criminal Code of Ukraine), import, manufacture, sale and distribution of pornographic items (Article 301 of the Criminal Code of Ukraine), violation of the procedure for international transfers of goods subject to state export control (Article 333 of the Criminal Code of Ukraine). In all these socially dangerous acts, their subject matter is clearly indicated as a mandatory objective feature. At the same time, it is emphasised that it is necessary not to ignore the fact that there are also socially dangerous acts such as the illegal transportation of persons across the state border (Article 332 of the Criminal Code of Ukraine) and the illegal crossing of the state border (Article 332-2 of the Criminal Code of Ukraine). It has been established that not only socially dangerous offences that contain the term ‘smuggling’ in the text of the criminal law violate the customs and state border of Ukraine, thereby causing damage to the state.