Forensic and pharmaceutical study of road traffic accidents happened under influence of psychoactive substances Cover Image

Вивчення міждисциплінарних зв’язків кримінально-правових та судово-фармацевтичних норм у системі обігу лікарських засобів
Forensic and pharmaceutical study of road traffic accidents happened under influence of psychoactive substances

Author(s): Valentin V. Shapovalov, Valeriy V. Shapovalov, Victoria Shapovalova, Andriy A. Gudzenko, A. Osyntseva
Subject(s): Criminal Law, Criminology, Substance abuse and addiction
Published by: Національний юридичний університет імені Ярослава Мудрого
Keywords: forensic pharmacy; road traffic accidents; alcohol intoxication; psychoactive substances; forensic medicine; criminal liability;

Summary/Abstract: Problem setting. The low level of road safety remains in recent years in Ukraine in comparison with the countries of the European Union. From road traffic accidents there are significant human, social and economic losses ($4.5 billion per year), widespread of injuries and disabilities among population and a decline in labor productivity, which requires an increase of emergency medical and pharmaceutical costs.Recent research and publications analysis. To the research of the problem concerning the prevention, detection and combating of crimes committed by persons under the influence of psychoactive substances, investigation of criminal cases with the use of forensic methods, protection of the constitutional rights of citizens devoted the publications of Borisov V.Y., Hetman A.P., Golin V.V., Zhuravel V.A., Konovalova V.O., Tatsiy V.Y., Shepitko V.Y., who suggested conducting multidisciplinary study of the mentioned problem. To the questions of medical treatment and pharmaceutical provision to various categories of citizens devoted the publications of Volokh D.S., Efremova A.A., Linsky I.V., Maruta N.O., Marchenko V.G., Minko O.I., Ponomarenko M.S., Sosin I.K., Tikhonov O.I., Tolochko V.M., Khvisyuk O.M., Chernykh V.P., however, there were no multidisciplinary studies concerning forensic and pharmaceutical, forensic and medical, forensic and narcological, forensic and criminal study of causes and conditions of road traffic accidents under the influence of psychoactive substances.Paper objective. The purpose of the work is to review of the situation in Ukraine as a result of road traffic accidents, which were committed under the influence of the psychoactive substances of various classification and legal groups.Paper main body. An analysis of UN and WHO data from 180 countries suggests that as of 2015, the total number of fatal cases due to road traffic accidents is 1.25 million per year and 50 million citizens are injured with varying degrees of severity. According to the forecasts by 2030, among the causes of all fatal cases, namely the death of a person as a result of road traffic accident, will be the seventh in the significance of the cause of death. It is important to note that the high rate of deaths (up to 90%) as a result of road traffic accidents observed in low-income countries. At the same time, experts point out that estimates of the cost of citizens suffering from injuries of various degrees (injuries, chronic illnesses, etc.) as a result of road traffic accidents account for approximately 3% of their gross national product, and this figure will increase to 5% in countries with low and middle-income citizens. One of the harsh reasons for road traffic accidents is to locate road users in the state of alcohol, narcotic intoxication or under the influence of the psychoactive substances. The risk of being involved in road traffic accident significantly increases with the concentration of alcohol in the blood at a rate of 0.04 ppm.Conclusions of the research. From the position of pharmaceutical law and forensic pharmacy reviewed the situation concerning the road traffic accidents, happened with drivers in the state of alcohol intoxication, narcotic influence or other psychoactive substances abuse to improve the criminal and law methods for combating of such accidents, as well as the application of social, economic, medical and pharmaceutical (emergency) measures to protect the rights of affected citizens and criminals. Proposed legislative initiatives to increase criminal liability for driving under the influence of drugs (to the Article 286 of the Criminal Code of Ukraine) and improvement of the term "road traffic accident" in the Resolution of the Cabinet of Ministers of Ukraine of 10 October 2001 No. 1306 "Concerning the road traffic rules".

  • Issue Year: 2/2017
  • Issue No: 12
  • Page Range: 1-19
  • Page Count: 19
  • Language: Ukrainian