PREVENTING THE DELIBERATE INTRODUCTION OF DANGEROUS PRODUCTS TO THE UKRAINIAN MARKET AND USING EU BEST PRACTICES - Научное сообщество
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Рік заснування видання - 2014

PREVENTING THE DELIBERATE INTRODUCTION OF DANGEROUS PRODUCTS TO THE UKRAINIAN MARKET AND USING EU BEST PRACTICES

20.06.2023 19:40

[2. Юридические науки]

Автор: Liubomyr Fedorov, 081-702-1 gr. graduate student, National Aerospace University named after N. E. Zhukovsky "Kharkiv Aviation Institute"; Natalia B. Zjubanova, senior lecturer of Foreign Languages Department, National Aerospace University named after N. E. Zhukovsky "Kharkiv Aviation Institute", Ukraine


ORCID: 0000-0002-1290-8126 Fedorov L.

Abstract. The article examines the issues of implementing the experience of European countries in combating dangerous (counterfeit) products and the possibility of its adaptation in Ukraine. The author notes that the EU experience in countering the proliferation of dangerous (counterfeit) products can be very useful for Ukraine not only in the field of borrowing practical organizational measures, but also in the development of domestic regulations, which take into account European scientific approaches to the study and analysis of this problem.

Keywords: dangerous (counterfeit) products, putting into circulation, counteraction, experience of European countries.




Crimes in the sphere of economic activity are socially dangerous and illegal acts which encroach on the economic system, causing damage to social relations which are formed in connection with the production, distribution, exchange and consumption of goods and services.

The generic object of these crimes is the sphere of economic activity, i.e. the relations between members of society regulated by the state regarding the production and sale of goods, products for various purposes, performance of works and provision of services that make up the economic system.

The main direct object of the crime of intentional introduction of dangerous products into circulation on the Ukrainian market is the established procedure for the manufacture, release to the commodity market and sale of products and goods, as well as the interests of consumers in terms of ensuring proper quality and safety of products and goods. An additional direct object may be the health and life of a person [1].

The national legal systems of continental European countries have been converging in recent decades. Unification (in the terminology of Western doctrine, harmonization, convergence) of criminal legislation of these states is objectively necessary to increase the effectiveness of preventing international crimes and crimes of an international nature. Harmonization of the criminal legislation of these states, i.e. bringing it in line with European standards on the basis of the provisions of the pan-European criminal legislation created within the Council of Europe (CoE) and the European Union (EU), is objectively necessary to increase the effectiveness of combating international crimes and crimes of an international nature [2].

The modern market for dangerous (counterfeit) products is a well-structured multibillion-dollar shadow economic system that is present in almost all countries of the world. Such products are a real problem that not only affects Ukraine's economic development, but also undermines the competitive business environment and negatively affects consumer health and safety.

Countering the proliferation of dangerous (counterfeit) products is now becoming one of the most urgent and priority issues, the solution of which is considered to be a crucial component of ensuring Ukraine's economic security. The development of modern technologies has made the search for effective protection of the interests of manufacturers a priority. The pace of modernization of modern technologies, investment processes, creation of favorable conditions for the development of national competitive technologies and, ultimately, the fullest satisfaction of consumer demands of citizens and the safety of their lives and health depend on the solution of this problem.

The intentional introduction of dangerous (counterfeit) products into circulation on the Ukrainian market (release to the Ukrainian market) has been studied by such scholars as: O. M. Gotin, V. S. Kaidashov, V. A. Klymenko, U. V. Huliavska, M. I. Khavroniuk and others. However, these scholars mostly focused on the study of certain groups of crimes contained in the special part of the Criminal Code of Ukraine. However, they hardly covered the issue of implementing the experience of European countries in combating dangerous (counterfeit) products and the possibility of its adaptation in Ukraine. That is why the analysis of counteraction to dangerous (counterfeit) products reaching Ukrainian consumers is extremely relevant. 

The developed countries of the European Union have made significant progress in preventing dangerous (counterfeit) products. However, there is still a large share of dangerous (counterfeit) products on the EU market, some of which (e.g., food and alcohol) are harmful to both business and consumer health. It is also worth noting that the turnover of dangerous (counterfeit) products varies depending on the product category and even the country of operation. Ukraine, as a country with a high share of the shadow economy and the typical costs of transformation processes of transition to civilized market relations, also faces large-scale problems of production and consumption of dangerous (counterfeit) products.

The EU's experience in countering the spread of dangerous (counterfeit) products can be very useful for Ukraine not only in the area of borrowing practical organizational measures, but also in the development of domestic regulations that take into account European scientific approaches to the study and analysis of this problem. In particular, such research in Europe is carried out on an ongoing basis in specialized research centers commissioned by government agencies, intergovernmental and non-governmental organizations. The topic of preventing dangerous (counterfeit) products in Europe is central to the academic works of such scholars as Elgar Fleisch [3] (Professor of Information Management at the Swiss Federal Institute of Technology (Zurich), Irene Kamenidou [4] (Professor of Marketing at the University of Macedonia), Marius Schneider [5] (Master of Law in European Union Law and Intellectual Property (Netherlands), Torsten Staake [6] (Professor of Information Systems at the University of Bamberg (Germany) and others. The main aspects discussed in their scientific discourse include theoretical issues of studying the phenomenon of the market for dangerous (counterfeit) products based on an interdisciplinary approach, the mechanism of trade in dangerous products, consumer behavior in relation to such products and the specifics of their detection and destruction.

On the practical side, European scientists are developing new classifications, indices, ways and methods to assess the scale of the shadow market for dangerous (counterfeit) products, which open up new opportunities for a deeper analysis and further study of this type of shadow economic activity.

Today, Ukraine also has its own effective ways of counteracting dangerous (counterfeit) products, labeling systems, etc. However, there are significant drawbacks in the methods and schemes of the Ukrainian policy of countering dangerous (counterfeit) products, one of which is the insufficient level of cooperation and interaction between authorized services, bureaucracy of the counteraction system, etc.

With regard to the use of European experience in countering dangerous (counterfeit) products in Ukraine, there are ample opportunities to implement European methods designed to simplify the conduct of small and medium-sized businesses, increase the level of economic culture of the population and support the image of manufacturing companies. However, when introducing any European-style laws and restrictions, one should be careful not to mechanically adapt innovations to Ukrainian realities. In addition, not only the state but also manufacturers can adopt the European experience by cooperating more actively with the state, raising public awareness, and producing high-quality and inexpensive products that would be inappropriate to counterfeit.

Today, unsafe (counterfeit) products in Ukraine and everything related to them are only part of the overall problem of the shadow economy, the size of which is growing inversely with the decline in the country's overall level of prosperity. The European experience of preventing the shadow economy allows us to conclude that one of the most effective methods of combating dangerous (counterfeit) products is not to strengthen the administration of control regimes over its circulation, not to use new technologies and technical monitoring tools, not to improve legal acts and prohibitive measures with administrative and criminal consequences, not to create new supervisory and regulatory bodies, but to improve the level and quality of life of the population, reduce corruption, increase investment.

References

1. The Criminal Code of Ukraine. 2023: Notis, 244 p. 

2. Khavroniuk M.I. Criminal Legislation of Ukraine and Other Continental European States: Comparative Analysis, Problems of Harmonization. Dissertation for the degree of Doctor of Laws. Kyiv. 2007р.

3. Fleisch E. Business strategies in the counterfeit market. Journal of Business Research. 65 (2012) Рр. 658–665. URL: http://www.data-and-decision.de/downloads/papers/Staake%20-%20Business%20Strategies%20in%20the%20Counterfeit%20Market.pdf 

4. Kamenidou I. Counterfeit purchase typologies during an economic crisis. European Business Review, 27 (1). 2015. Рр. 2-16. URL: https://www.emeraldinsight.com/doi/abs/10.1108/EBR-11-2013-0132

5. Schneider M. Private imports of counterfeit and pirated goods in Europe. Journal of Intellectual Property Law & Practice. 2015. Рр. 49-57. URL: https://www.researchgate.net/journal/1747-1540_Journal_of_Intellectual_Property_Law_Practice

6. Staake T., Thiesse F., Fleisch E. The emergence of counterfeit trade: a literature review. Eur J Mark 2009; 43(3/4):320–49.

 

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