On October 4, 2019 the meeting of the Working group on preparation of the proposals regarding review of the Tables of small, large and extremely large amounts of narcotic drugs illegal trafficking, approved by the Order on the MoH of Ukraine dated 01.08.2000 was conducted. UHHRU Director Oleksandr Pavlichenko and UHHRU Legal Expert Olena Semyorkina participated in the meeting. 

The issues of the drug policy were discussed at the meeting and in particular continuous promotion of increasing the amount of certain substances included into the Tables of small, large and extremely large amounts of narcotic drugs illegal trafficking.

Oleksandr Pavlichenko, UHHRU Executive Director: “At the meeting, general audit of the status of criminalization of drugs amounts was carried out with the aim of reviewing the amounts. To our opinion the efforts of the law enforcement bodies in counteracting drugs abuse shall be shifted from the drug addicts, which, we think, in the first place need medical help, to the drug dealers.”

Strengthening of efforts on promotion of amendments to the order of MoH of Ukraine No. 188 is conditioned by the risk of disproportionate strengthening of the criminal persecution of the drugs addicts, which is strengthened because of enforcement from 01 January 2020 of the amendments to the part 1, of the article 309 of the Criminal Code of Ukraine, introduced by the Law of Ukraine “On Amending some legislative acts of Ukraine regarding simplification of the pre-trial investigation of separate categories of criminal offenses.”

The participants of the meeting reminded that amendments to the Order of MoH of Ukraine dated 01.08.2000 No. 188 were developed by SE “Ukrainian Monitoring and Medical Center on Drugs and Alcohol of the MoH of Ukraine” and submitted on behalf of MoH for state registration to the Ministry of Justice. However, in the result of changes in the Government of Ukraine the documents were returned to MoH for agreement with newly appointed Minister of Health.

At the meeting it was recognized, that it would be feasible to apply a range of advocacy measures to stimulate the Ministry of Health to carry on the implementation of the commitments in counteraction dissemination of diseases caused by human immunodeficiency virus (HIV), in particular by taking drag addicts from operation of the criminal law and covering them with independent medical help.

The working group on preparation of the proposals for review of the Tables of small, large and extremely large amounts of narcotic drugs illegal trafficking approved by the Order of the MoH of Ukraine No. 188 dated 01.08.2000 was created by the decision of the National Council on Counteracting TB and HIV Infection /AIDS on May 23, 2019.

The tasks of the Working Group include:

1. Facilitation of implementation of the Strategy of the State Drug Policy for the period till 2020 approved by the order of the Cabinet of Ministers of Ukraine dated August 28, 2013 No. 735-р and Action Plan for 2019-2020 on implementation of the Strategy of the State Drug Policy for the period till 2020, approved by the Order of the Cabinet of Ministers of Ukraine dated February 6, 2019, No. 56-p;
2. Preparation and submitting to the National Council, according to the note to article 44 of the Code of Ukraine on Administrative Offenses and note to the Article 305 of the Criminal Code of Ukraine, proposals regarding review of the Tables of small, large and extremely large amounts of drugs trafficking approved by the Order of MoH No.188 dated 01.08.2000 (registered in the Ministry of Justice on August 16, 2000 at the No. 512/4733);
3. Analysis of the actual risks for the drug addicts and Programs on counteracting HIV infections/AIDS on the results of implementation of the amendments to part 1 of the Article 309 of the Criminal Code of Ukraine, introduced by the Law of Ukraine “On Amending some regulatory acts of Ukraine regarding simplification of the pre-trial investigation of separate categories of the criminal offenses” (No. 7279-д), adopted by the Verkhovna Rada of Ukraine on 11.2018, and also on the results of implementation of other draft and adopted legislation;
4. Facilitation of preparation of the justification of review of Tables of small, large and extremely large amounts of narcotic drugs trafficking.

Ukrainian Helsinki Human Rights Union implements the project “Development of the legal network for protection of the people living with HIV/AIDS, representatives of key PLHIV communities and persons ill with TB” with the financial support of the Charitable organization “All-Ukrainian Network of the People Living with HIV/AIDS” in the framework of implementation of the project “Releasing the Burden of TB and HIV infection through creation of the open access to timely and quality diagnostics and treatment of the TB and its resistant forms, expanding evidence based prevention, diagnostic and treatment of HIV infection, and creation of stable and sustainable health protection systems”, which is implemented with the financial support of the Global Fund to Fight AIDS, TB and Malaria.