Volume 11 - Issue 58
/ October 2022
161
http:// www.amazoniainvestiga.info ISSN 2322- 6307
DOI: https://doi.org/10.34069/AI/2022.58.10.17
How to Cite:
Myroshnychenko, N., Hajiyeva, M., Murzanovska, A., Shekhavtsov, R., & Tesliuk, Y. (2022). Digitization of combating drug crime
(including juvenile) as the need of the time: international legal analysis. Amazonia Investiga, 11(58), 161-167.
https://doi.org/10.34069/AI/2022.58.10.17
Digitization of combating drug crime (including juvenile) as the need
of the time: international legal analysis
Цифровізація протидії наркозлочинності (зокрема за участі неповнолітніх), як
потреба часу: міжнародно-правовий аналіз
Received: November 1, 2022 Accepted: November 30, 2022
Written by:
Nataliia Myroshnychenko67
https://orcid.org/0000-0003-3693-6815
Malahat Hajiyeva68
https://orcid.org/0000-0003-2284-9542
Alina Murzanovska69
https://orcid.org/0000-0001-8645-0261
Ruslan Shekhavtsov70
https://orcid.org/0000-0002-4756-9849
Yaryna Tesliuk71
https://orcid.org/0000-0002-7010-1080
Abstract
An essential component of the activity of law
enforcement units is combating crimes in the
field of drug trafficking. In the conditions of
digitalization, significant attention is paid to the
digitalization of methods of combating crimes in
this field. Therefore, it is necessary to examine
the international legal experience of
digitalization of methods of combating crimes in
the field of drug trafficking. The research
methodology includes such methods as
theoretical methods (identification and resolution
of contradictions, problem statement, hypothesis
creation, analysis, synthesis, comparison,
abstraction, concretization), empirical methods
(survey, monitoring, experiment, observation,
measurement, survey, testing), methods of direct
data collection (interviews, questionnaires),
methods of information processing and analysis
(method of generalizing indicators, method of
correlation analysis). As a result of the study, the
problematic issues of the international practice of
digitization of methods of combating crimes in
the field of drug trafficking are outlined.
67
Ph.D., Professor of the Department of Criminal Law of National University «Odesa Law Academy» (Ukraine).
68
Ph.D., The Ministry of Education of Azerbaijan Republic, Head of Child Protection Department (Azerbaijan).
69
Ph.D., Associate Professor, Department of Criminal Procedure, Detective and Investigative Activities, National University «Odesa
Law Academy» (Ukraine).
70
Ph.D., Associate Professor of the Department of Criminal Procedure and Forensics of Faculty No. 1 of the Institute for Training
Specialists for National Police Units of the Lviv State University of Internal Affairs (Ukraine).
71
Ph.D., Assistant Professor, Department of Administrative and Information Law of the Institute of Law, Psychology and Innovation
Education of the Lviv Polytechnic National University (Ukraine).
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Keywords: digitalization, crimes, drug
trafficking, drugs, precursors.
Introduction
The sphere of drug trafficking and its organized
segment in the world has a tendency to grow,
despite all countermeasures carried out by law
enforcement agencies. The situation becomes
threatening if we take into account the scale of
the influence of organized criminal groups
involved in the drug trade on the economic and
political situation in some countries, and even the
whole regions of the world. Accordingly, there is
an urgent need to strengthen the fight against
crime in the sphere of drug trafficking by all
possible means.
In modern conditions of the development of
social relations, digital technologies continue to
change the environment of criminal activity.
Even developing countries in particular benefit
from this technology. Africa, for example, is
expected to have access to the same level of
internet infrastructure as countries in the
European Union. Also, the new connectivity and
use of smartphones, which provide users with
instant access to several online communication
platforms, have a significant impact on the
dynamics of the illegal market.
At the same time, the growth of drug crime on
the Internet does not occur with the same
dynamics in all countries. Opportunities to access
the Internet, opportunities, and resources to fight
cybercrime, as well as different levels of
technical awareness among customers have
created different opportunities for the growth of
crime in the field of drug trafficking. New ways
of committing crimes are emerging, ways of
receiving payment for goods are changing, and
methods of hiding traces of crimes are being
improved. This creates prerequisites for
digitizing ways to fight against crimes in the field
of drug trafficking.
Back in 1988, the Verkhovna Rada of the
Ukrainian SSR ratified the UN Convention on
Combating Illicit Traffic in Narcotic Drugs and
Psychotropic Substances (United Nations, 1988).
Currently, an important component of the
activity of units and territorial bodies of the
National Police of Ukraine is countering the
illegal circulation of narcotic drugs, psychotropic
substances, their analogs, and precursors. To
fulfill this task and to overcome the spread of
illegal drug trafficking, prevent their non-
medical use, and digitize the methods of
countering drug crime, law enforcement agencies
must take necessary, effective, and sufficient
measures.
States should improve their own legislation in the
field of combating illegal drug trafficking, and
law enforcement agencies should focus on
improving methods of combating it. Therefore, at
this stage, a successful investigation of the
specified category of crimes is possible only if
there are digital methods of combating the
investigated type of crimes and the presence of
qualified specialists in the IT field. Both foreign
countries and Ukraine pay attention to the
digitalization of methods of combating drug
crime.
Due to the mentioned above, there is a need to
analyze the international legal experience of
digitalization of methods of combating crimes in
the field of drug trafficking and identify positive
aspects of the implementation of such methods
and problems in their implementation.
Theoretical Framework or Literature Review
World criminological crime prevention systems
were reviewed by Dzhuzha (2019). The author
analyzed the criminological systems on the
criminological map of the world, which reflect
the peculiarities of the state of crime and ideas
about its causes and ways of neutralization in
different countries and regions, and highlighted
the problems and issues of criminological
globalization, in particular, criminological
practice with the application of criminological
legislation.
A general description of activities related to the
prevention and counteraction of drug addiction at
the regional level was carried out by Halyuk
(2019). As a result of the study, the conclusions
were drawn that under the activity of preventing
and combating drug addiction at the regional
level as an object of administrative and legal
regulation, we mean a set of measures regulated
by the norms of administrative legislation of a
preventive, control, treatment-prophylactic,
medical-social and punitive nature, which are
implemented on at the regional and local levels
by entities authorized to do so for systematic
monitoring and timely regulation of the drug
situation in the direction of streamlining the
procedure of legal drug circulation, developing
an effective mechanism for reducing the volume
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of drug supply, reducing the demand for them,
returning (reintegration) drug addiction patients
to normal life, overcoming manifestations of
stigmatization.
Tactical operations aimed at overcoming
opposition to the investigation of criminal
offenses committed with the use of modern
information technologies were considered by
Zavydnyak (2019).
The question of the possibilities of blockchain
technologies for the investigation of criminal
offenses in eSports was analyzed by Kalaida
(2021). In particular, the author revealed the
development trends of the digital economy and
the importance of cryptocurrencies and
blockchain technology in the modern world. At
the same time, emphasis was placed on the
problematic issues of the use of cryptocurrencies
and the directions of law enforcement activities
aimed at preventing and technologically blocking
illegal operations with cryptocurrencies were
detailed. The achievements of the use of software
used in illegal activities are highlighted.
The experience and current state of combating
crime in Ukraine was reviewed by Malogolova
(2020).
Pohoretskyi and Chernysh (2012) drew attention
to the international legal experience in the field
of combating illegal drug trafficking.
Also, the subject of the research of Striltsiv and
Bukovsky (2021) was the direction of
improvement of the normative and legal
regulation of the activities of units and bodies of
the National Police of Ukraine in combating
illegal drug trafficking.
Striltsiv (2011) also paid attention to countering
illegal drug trafficking using the example of
Germany and Ukraine.
The peculiarities of the investigation of crimes
related to the illegal circulation of narcotic drugs
or psychotropic substances with the use of
modern telecommunication and other
technologies were investigated by Yukhno,
Matyushkova and Korshenko (2019).
Andrea Di Nicola (2022) pointed out that it is
worth testing old criminological theories about
organized crime in digital spheres, as well as
developing and testing new criminological
explanations for the causes of digital organized
crime. According to the author, doing digital
sociology of organized crime also means, and
increasingly means, using an interdisciplinary
and multidisciplinary approach to the study of
security and crime, which brings criminology
and the social sciences into deep dialogue with
many other scientific disciplines, including law,
statistics, mathematics, informatics. Similarly,
criminologists studying the digital dimension of
organized crime and countering digital organized
crime are unlikely to achieve meaningful results
without an intention to interact with other
disciplines. Lavorgna (2014) examined trends in
organized crime related to drug trafficking
among foreign countries. Also, Bertrand (2015)
and Greenberg (2014) investigated the
international aspects of digitization of the sphere
of narcotics circulation.
The issue of transformative technologies in the
fight against organized crime was analyzed by
Lucia Bird Ruiz-Benitez de Lugo, Thi Hoang,
Julia Stanyard, Summer Walker and Simone
Haysom (2020). Among other things, the
researchers noted that the online market has
created new ways to buy and sell illicit drugs,
sales of which are particularly prevalent on the
dark web, the volume of illicit drugs for sale and
the profits they are estimated to generate are
growing rapidly in the dark web. That is why
there is a need to implement effective
technologies to combat drug trafficking.
Henrik Hvid Jensen (2019) reviewed ways to use
digital tools to fight crime.
Tropina (2016) noted that the new concept of
illicit financial flows has become a cross-cutting
theme of the international agenda and with the
development of digital technologies, the use of
information and communication networks as a
tool to facilitate illicit financial flows becomes
one of the key challenges in solving the problem
of the movement of illicit funds. At the same
time, digital technologies must be used to
effectively fight against organized crime.
McSweeney, Turnbull and Hough (2008)
outlined key findings on strategies to combat
illicit drug markets and distribution networks in
the UK.
Savary, Hallam and Bewley-Taylor (2009)
review zero features of the British experience in
combating crimes in the sphere of drug
trafficking.
From the above analysis of the literature, it can
be concluded that the issue of methods of
combating crimes in the field of drug trafficking
has been studied by various scientists. However,
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the issue of the international legal experience of
digitalization of methods of combating crimes in
the field of drug trafficking remains
insufficiently researched.
Methodology
During the study of the international legal
experience of digitalization of methods of
combating crimes in the field of narcotics,
theoretical methods were used. In particular, the
method of identifying and resolving
contradictions made it possible to understand
problematic issues regarding contradictions in
the legal regulation of the fight against criminal
groups. Thanks to the formulation of the
problem, controversial issues regarding the
digitization of methods of combating crimes in
the field of drug trafficking were established.
The analysis method made it possible to
determine the nature and type of
interrelationships between each element of the
studied system, which ensures the complexity of
the research and the cause-and-effect relationship
between them. Thus, it was determined how the
policy of states regarding the legalization and
prohibition of narcotic drugs affects the
prevention and detection of crimes in the field of
drug trafficking. The use of the synthesis method
made it possible to connect the components of a
complex phenomenon and to expand previous
experience taking into account the available
experience.
The method of comparison contributed to the
comprehensive study of the issues and the
comparison of international experience on this
issue. Among other things, this method helped to
identify cause-and-effect relationships and
systematize data. The use of the abstraction
method contributed to the selection of essential,
most essential features, relations, and aspects of
social relations in the field of digitalization of
methods of combating crimes concerning drug
trafficking. When using this method, the
essential was separated from the non-essential
and the independence of the object of knowledge
from certain factors was established to turn away
from them.
The use of the concretization method made it
possible to investigate the digitalization of
methods of combating drug crime in the
qualitative multifaceted nature of real existence,
taking into account the latest technologies and
conditions of historical development.
For a comparative legal analysis of international
legal experience, empirical methods (survey,
monitoring, experiment, observation,
measurement, survey, testing) were used, which
made it possible to take into account the practical
problems of using digital methods of combating
crimes in the field of drug trafficking.
Determination of the scale of drug crime and,
accordingly, the volume of the shadow economy
in this area was carried out using the monetary
method. In general, monetary methods contribute
to the quantitative assessment of the extent of the
spread of the shadow economy, which is based
on the idea of the predominant use of cash (as
opposed to the dominance of cashless payments
of the official segment) between business entities
at the level of financial transactions. And
therefore, the use of this method made it possible
to conclude the prospects of digitalization of
methods of combating drug crime.
Results and Discussion
Taking into account the experience of foreign
countries dealing with the problem of illegal drug
trafficking, most countries can be divided into
three main groups for combating drug
trafficking.
1. Group of hard policy – Malaysia, Iran,
Pakistan, China. Сombating crimes in the
field of drug trafficking in these countries
are carried out with the harshest means, up
to the death penalty, and the legislation
regarding drug dealers has been
strengthened as much as possible. For
example, in Iran, over a thousand people
were publicly executed by the 1989 Law in
just one and a half years. In Hong Kong,
persons involved in drug trafficking can be
sentenced to life imprisonment. There are
eleven articles of the Criminal Code of the
People's Republic of China aimed at
combating drug addiction (Articles 347-357)
(Fifth National People's Congress, 1979).
According to Art. 348 the one is responsible
for the illegal possession of opium in the
amount of more than 1,000 g, heroin or
methylphenylamine in the amount of more
than 50 g, or other drugs in large quantities
and is punishable by imprisonment for a
term of more than seven years or life
imprisonment.
2. The Liberal group. This refers to countries
that are relatively tolerant of drug
trafficking. First of all, this applies to
narcotics that are used for personal use and
are considered "light", such as marijuana. A
prominent representative of this group of
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countries is Holland, where the circulation
of certain types of narcotics is legal.
3. Strict control group - USA, Great Britain,
France. Drug trafficking in these countries is
under the control of law enforcement
agencies, however, the harshest measures,
such as life imprisonment or the death
penalty, are not applied. Forced treatment is
often applied to drug addicts instead of
criminal punishment. At the same time, the
state conducts active anti-drug propaganda.
(Pohoretskyi & Chernysh, 2012). Regarding
the specified mechanisms for combating
crimes in the field of drug trafficking for
Ukraine, we consider it unacceptable to
liberalize the policy on combating drug
trafficking and legalizing drug trafficking,
since this policy has shown its inefficiency
in several countries and creates prerequisites
for the commission of other crimes.
At the same time, the process of investigating and
recording the circumstances of the preparation
and commission of illegal drug trafficking with
the help of digital tools makes it impossible for
suspects or witnesses to testify about the
peculiarities of the appearance of drug dealers, as
well as their identification. In addition, the use by
criminals of modern telecommunications and
other technologies, computer and technical
means, and the Internet as a way of committing a
crime requires the investigator, detective, and
operational unit employee not only to possess
high-quality skills in handling computer
equipment and programs but also skills of
searching, identifying, recording and copying
information contained on computers and
smartphones.
Regarding countering crimes in the sphere of
drug trafficking, countermeasures can be divided
into two groups:
1. The interaction with the counter-cybercrime
units and operational-technical units of the
National Police of Ukraine.
2. Using the capabilities of full-time and part-
time undercover employees (Yukhno,
Matyushkova & Korshenko, 2019).
But in the modern conditions of the rapid
development of the drug business, the need to
implement digital methods of combating drug
crime becomes obvious.
It is worth paying attention to the peculiarities of
the international experience of digitalization of
methods of combating crimes in the field of drug
trafficking committed by minors.
For example, several drug crime problems
among minors have emerged in the Netherlands
due to the legalization of drug crime. In
particular, non-medical use of drugs has become
widespread, resulting in 1.3 million offenses
2000 in 2000, which is too high for the 16 million
population of the state. Moreover, it was in the
Netherlands that in 1998 was the highest in
Europe the most dangerous crimes were 26.8 %,
which was reflected not only in the development
of tourism in the country but also led to a
decrease in the economic activity of the state.
Therefore, to solve these problems, the
Netherlands had to take measures to combat drug
crime, including among minors. The main task of
the developed programs was to reduce the level
of demand for drugs among children and young
people following specific local needs. Thus, the
creation of the Youth Policy project was
initiated, which provided an extended day at
school ”(to help teenagers to learn interesting and
useful to organize their leisure); continuation of
school education (to counteract school skills, as
well as encourage teenagers to complete their
studies); warranty plan of employment; it is
planned to carry out free courses for young
people who want to get a job as permanent or
temporary work; A program of "new prospects"
for "problematic" children and young people has
been created.
A separate area of crime prevention in the
Netherlands is to introduce of preventive
programs for persons who have previously
committed crimes. The experience of
implementing the prophylactic program
"approach 600", which was aimed at reducing the
level of street crime and envisaged to identify
and register six hundred of the most dangerous
criminals and drug addicts, with subsequent
individual preventive work with them, is
noteworthy. Also, along with measures to reduce
the level of demand for drugs in the Netherlands,
they actively opposed their supply. It is about
reducing the number of coffee bedding –
varieties of establishments that have permission
to sell hemp and products from it (Striltsiv,
2011).
Therefore, as you see from the above, it is
important not only to digitize the methods of
combating crimes in the field of drug trafficking
but also to implement effective measures to
prevent such crimes.
As for digitalization tools, for example, for
example, the United Nations Office on Drugs and
Crime for Central America and the Caribbean
with the help of the «Cybercriminality» and
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«CRIMJUST» («Strengthening of cooperation
between investigation and criminal justice on the
routes of illegal drug trafficking») conducts
activities for the digitalization of drug trafficking
investigations (Continuation of training on cyber
elements of drug trafficking and open source
research in Central America and the Dominican
Republic) (UNODC, 2021).
The emergence of blockchain and
cryptocurrencies shows that digital currencies
have some direct benefits to society. Specifically,
just as police use cell phone tracking in their
investigations, they can also use CBDC tracking
to track payments from one person to another.
This makes it impossible to hide payments, for
example, to drug dealers.
Government-issued digital IDs and signatures for
citizens, businesses, and government agencies
are the new digital trend. Digital leader countries
show that, for example, hacker attacks on
financial institutions are lower in number
compared to countries without a central digital
identity. It will be more difficult to corrupt a
document if the document is digitally signed
(Jensen, 2019).
So, it is clear that digital tools are useful for
fighting crime, including in the field of drug
trafficking. But to carry out such an analysis, you
need to have special knowledge and special
software. For example, such software is
«Crystal», which belongs to the Dutch developer
company «Bitfury Group». This software is
capable of detecting and tracking illegal
activities in blockchain technology networks,
namely: detecting criminal and illegal activities
in blockchain systems; providing evidence
regarding suspicious transactions concluded on
cryptocurrency exchanges, indicating the
addresses of wallets associated with the suspect;
speeding up the process of investigating
cybercrimes (allows automated tracking of the
most suspicious network participants). This
company offers its software solution, primarily,
for law enforcement agencies. This software is
actively used by both law enforcement agencies
and financial organizations in the USA, EU, and
Asian countries.
Conclusions
As a result of the study of the international legal
experience of digitalization of methods of
combating crimes in the field of drug trafficking,
the following conclusions were drawn.
1. The use of modern software in law
enforcement activities is an important area
of combating crimes in the sphere of drug
trafficking.
2. For effective disclosure of crimes committed
in the researched area, it is expedient to
speed up the approval of legal frameworks
that should regulate the development of
methodological bases for the disclosure and
investigation of this category of criminal
offenses.
3. It is also necessary for law enforcement
agencies to establish conceptual interaction
with blockchain companies to block illegal
activities in blockchain platforms. Solving
this problem is complex and requires the
development of a strategy aimed at
preventing criminals from using new
modern digital mechanisms.
Regarding further scientific research on the
specified issue, we consider it necessary to
analyze in more detail the specifics of crimes in
the sphere of drug trafficking on the Internet and
the ways of combating such crimes.
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