p> A study of the problem has shown that there is no reason to believe
narcotics are safely kept out of reach of addicts. This has been confirmed
by more than one-third of the polled officers of internal affairs agencies.
Every second drug taker who was forced to undergo treatment, did not deny
that he had received drugs from medical personnel. Similar cases of drug
acquisition were noted by over 10% of persons charged with drug-related
crimes, whereas 17% of people from the same group of drug abusers confessed
that they used to steal drugs from hospitals, small medical centers and
pharmacies. The share of other crimes in the structure of drug-related
crimes total is insignificant, though they play a rather negative role in
the spread of narcotics. For example, during one year, the crime of
solicitation to use drugs was recorded only once or twice and 3 or 8 times
the crimes involving the organization or running dens for addicts or
providing premises for that purpose.
All the same just over 98% of the polled people charged with drug abuse
and intent to sell drugs said they had persuaded 3 to 7 persons to start
using drugs. In more than 70% of such cases, a special effort was made to
invite potential "victims" to homes belonging to different persons. These
people received remuneration for granting premises especially arranged for
this purpose and where conditions were conducive for the use of narcotics.
Practically one out of every 4 persons charged with drug abuse but without
attempting to push drugs, admitted in talking to officials, that he had
persuaded at least 3 or 4 persons to use drugs treating them to narcotics
that he had bought or made for his own use.
What is more, 37% of the examined complaints and statements by citizens
addressed to various agencies, especially, those made directly to the local
police officers have remained unread, though they specifically mentioned
people who had turned their homes into drug pads.
Negative Tendencies:
All these facts highlight: 1) an increase of the degree in danger posed
to the public by drug-related crimes; 2) the appearance of new narcotics,
giving way to diversity of drugs; 3) increase in the number of people
involved in the use of narcotics through persuasion; 4) the rising level of
organization of such crimes; 5) the expanding boundaries of illegal drug
trafficking on the world- wide scale; 6) an increase in the number of
illegal labs used to make drugs; 7) the perfection of methods used for
selling drugs and an increase in the establishment of illegal and semi-
legal shops intended for selling drugs; 8) the rising number of cases of
illegal acquisition, including theft of narcotics from medical
institutions; 9) the increase in numbers of corrupt officials involved in
illegal drug trafficking; 10) the greater degree of masked laundering of
money; 12) and a higher degree of latency of drug-related crimes.
The danger to the public from drug-related crimes is manifested by an
increase of crimes committed for the sake of selling drugs, and, second, by
the total quantity of narcotics in circulation.
The appearance new drug substances and the corresponding rise in
variety of drugs is reflected in the constant growth of the List of
Narcotics (narcotic substances and drug medicines both synthetic and
natural) produced by the UN International Drug Control Committee.
The spreading of the cultivation of drug-bearing plants in places,
which are, difficult to physically access is confirmed by the discovery of
plantations sown with such plants in various regions of the world. These
discoveries have been made with the help of space and aerial photography.
The fact that the ever-larger number of people use narcotics is
manifested in the rising figure of medical patients using drugs and
recreational drug users. The growing number of drug patients is registered
by statistics and the rise in numbers of recreational drug users is evident
from opinion polls among experts (medics at outpatient clinics for addicts
and law enforcement officers who specialize in combating drug-related
crimes).
The greater degree of organization in drug-related crimes is manifested
by the growth of criminal groups and associations, in the setting up of
syndicates and cartels, in the toughening of discipline within syndicates
and cartels and in the rising cohesion of their members and the
coordination of their actions. Tougher methods of pressure are exerted on
members violating the rules of conduct within groups. Criminal groups,
associations, syndicates, and cartels are also placed under control along
with the people who commit drug related crimes on their own.
The expanding boundaries of illegal drug trafficking on the
international scale are evident in the fact that drugs are smuggled into
practically all the countries of the world. This smuggling includes
attempts to carry drug consignments through the customs and across national
borders of a number of countries by various means and by different kinds of
transportation. This has been established by controlling deliveries of
narcotics and by polling experts (law-enforcement and customs officers).
Law-enforcement agencies in various countries discovered the rise in
the number of drug-making labs and new methods of selling and circulating
drugs. Shops that were camouflaged as book or perfume stores have been
seized.
Corruption – as a Way to Protect Drug Dealers:
Growing number of corrupt officials, aspiring for higher posts tend to
improve methods to protect persons taking part in illegal drug trafficking.
Polled experts and narcotic squad police officers, admitted that over the
last few years, there was a rise in the number of requests to them by high
ranking officials suggesting that criminal responsibility be lifted from
persons involved in drug deals and against whom suits had been filed.
Ever more sophisticated methods to legalize the money from drug
trafficking is manifested by laundering such money which makes it
difficult, impossible at times, to trace its primary source. At present one
can speak of the three major methods. First, cash is put into financial
institutions or into retail trade and is immediately converted into foreign
currencies or transferred abroad. Second, there is a stratification of the
money, i.e. increasing the number of transactions that are often carried
out in several countries to obscure the source of the illegally earned
money. And, third, illegal earnings are integrated into investments in
economic operations with the aim of making the money look legal.
The polled experts, and the narcotic police squad officers explained
the increased latency of drug-related crimes by the following examples.
There is mutual interest in keeping crimes a secret both among drug-pushers
and addicts; none of them have any desire to cooperate with the law-
enforcement agencies. There are special mutually beneficial and inter-
dependent relations between users and suppliers of narcotics. This kind of
relationship requires thorough secrecy due to the fear of criminal
punishment for both users and suppliers. Small wonder that the addicts
taken to hospitals, often in critical conditions, dangerous to their life
and health, do not reveal, as a rule, the source of getting drugs. And this
silence is due not to some sort of moral principles, honor, duty or
solidarity but rather, in most cases, to the fear of losing the already
established drug source or to the fear of being victimized for revealing
the source. Also much is yet to be done to develop proper legal, personnel,
tactical, material and technical programs that are effective in combating
drug trade. There is the obvious need to find a way to expose latent drug-
related crimes. For without realizing the actual state of affairs with drug-
related crimes, adequate measures of combating them will remain
insufficient. Chapter II. System and Classification of Measures to Overcome Drug Abuse
Par. 1. System of Measures to Overcome Drug Abuse
Drug abuse is a socially dangerous and complicated phenomenon. Narco-
crime, particularly, should be countered by a rigid system of measures.
These combine numerous and diversified steps having social, legal,
criminological, economic, ecological, organizational and international
aspects. The word system is understood as "a whole consisting of parts, a
combination; ...a great number of elements bearing a relation to each
other, connected with each other, forming a sort of integrity or unity.
The system of measures for overcoming drug abuse is comprised of many
steps bearing relation to each other.
System of Measures to Overcome Drug Abuse:
The diversity of such measures, their relationships and contacts can be
illustrated by law practices, law-making and law enforcement, as well as by
the crime prevention theories both on domestic and international scales.
For example, a comprehensive inter-disciplinary action program to prevent
the spread of drug addiction submitted for discussion at the international
antidrug conference in Vienna in July 1987 contained more than 400 articles
and recommendations to governments and organizations as to how this
negative phenomenon should be overcome.
The UN international program for combating drugs for the years 1994 and
1995, 1995 and 1996 comprises 298 projects featuring various aspects,
directions and measures for checking the spread of drugs. 216 out of them
were carried through in 1994 and 1995 and the implementation of the
remaining 82 projects is underway. The total dollar amount of resources
mobilized for the fulfillment of these projects is estimated at US$
484,397,800. The sum was allocated by the UN International Antidrug
Program's Fund.
The Concept of the Russian Federation government's policy on drug
control, endorsed by decision No 5494 of the Supreme Soviet of the Russian
Federation on July 22nd 1993, incorporates quite a few antidrug measures
from those developed by the world community and registered by international
conventions and in other documents. This Concept emphasizes the measures
that have been tested and are successfully utilized.
Since the system of measures against drug abuse is too complicated the
discussion of its contents is related, firstly, to the general
characterization of its components and, secondly, to the classification of
these measures in their relation to each other.
Basic Aspects of Measures to Overcome Drug Abuse:
The measures against drug abuse have some social, legal,
criminological, medical, biological, political, economic, ecological,
organizational and international aspects. Although these aspects have
different spheres of application, they still remain interrelated. For
example, measures for curing drug addicts have medical, social and legal
aspects to them; measures for combating drug-related crimes have legal,
criminological, social and other aspects; measures for combating money
laundering have legal, social, economic, international and other aspects
and so on. So, each particular aspect can be discussed only in abstract
terms. This approach to the definition and description of aspects makes it
possible to give a full characterization of the system of measures against
drug abuse.
Social Dimension:
The social dimension is the cornerstone of all other aspects. All the
antidrug measures are permeated with it. There is a correlation between the
social aspect and each of the other aspects. It is either a general element
in relation to something specific such as medical measures, or the whole of
something, which represents a part such as criminological measures. It can
also be a content when the other represents a form, as in legal measures.
In short, the social aspect can be regarded as a common for all antidrug
measures. Additionally there are legal measures for making those involved
in drug-related crimes answerable for their actions and for intensifying
the customs' control over the shipment of drugs across borders.
Legal Dimension:
The legal aspect of the measures under consideration can be seen as a
totality of legal norms including international conventions against drugs
and determining the degree of a judicial responsibility for them, mainly,
criminal and administrative; secondly, regulating various legal
relationships arising from drug use, thirdly, ensuring a compulsory
treatment for drug addicts who try to avoid it and, fourthly, referring to
these or other substances as narcotics.
Criminological Dimension:
The criminological aspect comprises measures aiming to overcome narco-
crime, as a totality of drug-related crimes. These measures aim to study,
analyze and sum up the structure and dynamics of these crimes and their
latency. In addition, they aim to establish the causal complex of the given
crime and determine the content, nature and direction of actions aimed at
removing or neutralizing the causes conducive to the commitment of drug-
related crimes. Thirdly, they aim to disclose and fix typical features,
traits and qualities of an individual guilty of committing this or that
crime. Lastly, they aim to develop methods for preventing drug-related
crimes.
Medical Dimension:
The medical (biological) aspect involves the improvement of
narcological aid and methods for curing drug addicts, the need to increase
the level of professional medical training for those engaged in treating
addicts and persons taking drugs without a doctor's prescription and the
development of new medicines and medical equipment for treating addicts.
Political Dimension:
The political aspect involves combating narco-business, which tries to
undermine the foundations of state power, weaken the entire machinery of
state and diminish the nation's trust in the government.
Some juridical works make it a point that organized crime opposes legal
actions of top government bodies not only by committing crimes but also by
bending administration officials to the will of criminal associations so
that they could protect criminal activities.
The resistance of narco-business to government lawful actions can
result in attempts to undermine the foundations of state and in the re-
orientation and distortion of any country's policy. So, central to the
political aspect of measures against narco-business is blocking the
influence of drug dealers on the national policy by barring nomination of
corrupt officials to key posts in the government.
Economic Dimension:
There are two facets- retrospective and perspective of the economic
aspect of measures against drug abuse. The retrospective facet, on the one
hand, involves direct expenses of the state to combat narcotics, and, on
the other, the lost benefits to citizens as a result of the spread of drug
addiction.
Direct expenses include sizeable resources taken out from the state
budget to set up and maintain various medical and educational centers for
handicapped children, including those who inherited health problems from
their parents suffering from drug addiction. In addition this includes
expenses to support internal affairs agencies, customs officers engaged in
combating the proliferation of drugs, production of special equipment for
identifying drugs, as well as production of medicines for drug users.
Finally, the direct expenses are used to promote international cooperation
in joint antidrug actions with the United Nations Organization, Interpol
and other international agencies and carry out research in the field of
medicine, psychiatry, psychology and law, and to conduct an antidrug
education.
The cost to society is revealed in an increase in the number of
physically handicapped and mentally retarded people, victims of narcotics.
In the long run this leads to a curtailment of society's physical and
intellectual potential as a whole, such as lower standards in education and
labor productivity. This, in turn, causes a reduction in the amount of
material and other benefits produced by society and of resources for
various government-run programs. There is also an increase in the number of
cases of accidents in industry and, as a consequence the increasing failure
to meet the output targets.
It is therefore essential to develop economic levers to oppose narco-
business, including the money laundering. This has been poorly done so far,
as no economic measures for combating narcotics have been developed and
applied in practice. These tasks require an independent study by economists
and lawyers.
Ecological Dimension:
The ecological dimension of measures against drug abuse is linked to
the legal regulation that puts restrictions on the preservation and
dissemination of drug-bearing plants. This amounts to a ban on their
cultivation and destruction of the fields without any damage to the
environment. The cultivation of such plants is expected to be limited to
specially allotted areas where drug-bearing plants can be sown for medical
purposes only.
International Dimention:
The international dimention of measures against drug abuse is
manifested in various legislative, and law enforcement measures at the
international level.
In sum, this system of measures covers a totality of numerous, diverse,
complementary and carefully outlined programs that have social, legal,
criminological, medical, economic, ecological, organizational and
international dimensions.
Par. 2. Classification of Measures to Overcome Drug Abuse
The essence of the system of measures to overcome drug abuse can be
understood by their classification in view of the diversity of these
measures. By establishing their different categories and distributing them
into various groups, this classification would make it possible to give
each measure its own niche, to define its boundaries and its relationship
to other measures. This classification makes it possible to determine the
degree of each measure's significance and its priority in terms of its
practical implementation.
It is important to group them by contents, form, level, subject of
application, and type. As for legal measures, they should be grouped in
accordance with different branches of law.
The Content of Measures to Overcome Drug Abuse:
The measures to overcome drug abuse carried out by the UN Commission on
Drugs of the UN Economic and Social Council, by the UN International
Committee on Drug Control and by other international agencies can be
grouped into the following categories: analytical, organizational, training
and educational, research, technical, medical, economic, financial,
international law, preventive, monitoring, legislative, and criminal.
Analytical component is needed in order to be able to make use of a
complex system of collecting and assessing data about drug abuse, to
evaluate the extent of the illegal use of drugs in different countries
worldwide, and to make data available on the seizure of large quantities of
narcotics to interested parties.
Organizational component of measures is aimed at setting up
international agencies to control drugs and to combat drug trade; assisting
countries in developing national policies on such control; supporting
projects, promoting national law enforcement agencies; defining direction
of programs and ensuring the organizational backing of such programs;
estimating the amount of illegal cultivation of drug-bearing plants in
areas difficult and dangerous to access. Governmental measures should
include adoption and fulfillment of national programs to overcome drug
abuse by forming special law-enforcement, medical and other institutions,
as well as special services and squads to combat drug trade; taking stock
of lands used to cultivate drug-bearing plants; arranging control over the
production, storage, consumption, an shipments of drugs, especially across
national borders, as well as over the actions for pharmaceutical and
medical centers.
The training and educational component includes educating specialists
in law-enforcement agencies, mass media, narcological centers, and social
services.
The research component aims to define and analyze data on drug abuse,
to work out recommendations for overcoming it, to set up and run special
research labs, and to find new ways of ending drug addiction.
The technical component includes identifying drugs, designing equipment
for special labs, developing remote control devices to spot fields of drug-
bearing crops.
The medical component of measures is: to promote a system of
rehabilitative treatment for drug users; to choose appropriate curative
programs; and work on methods to reduce the spread of infectious diseases
among drug users.
The economic component consists chiefly in funding various programs and
projects, combating drug abuse, supporting programs reducing demand for
drugs and their supply, encouraging and supporting populations which had
switched to cultivating farm crops on territories where drug-bearing plants
had been grown previously.
The financial component involves measures against money laundering.
Financial operations by drug moguls aimed at making their earnings legal
are the most vulnerable part for the criminals. In view of this, the
Committee for Banking Rules and Banking Supervision issued a statement on
December 12th, 1988 that calls for preventing criminal uses of the banking
system for laundering cash obtained from drug trafficking. It requires that
the international banking community use extreme discretion while
identifying clients. The statement also calls for more cooperation with
judicial systems and police institutions in halting the legalization of
cash from drug trafficking. Many countries have accepted that the
principles contained in this statement are applicable to the operation of
their own financial systems. In keeping with a decision of the G Seven
countries and of the European Commission Chairman at the 15th economic
summit in Paris in July 1989, a special operational group on financial
issues was started. It produced 40 recommendations made public in February
1990. It also analyzed world financial flows, banking and financial systems
and methods for laundering cash. The group found some weak spots and
undertook a number of other steps. All the countries, who are members of
this group and (in keeping with its recommendations) some other countries
declared that they viewed participation in laundering cash as a criminal
act and started special services to investigate leads on shady deals
reported by subunits of the financial system. At the recommendation of the
special operational group on finances, the UN International Committee on
Drug Control called on all governments to pass and effectively use
appropriate legislative acts to stop money laundering, to confiscate the
property of drug dealers, and to consider a possibility of lifting the
burden of proving the legitimacy of supposed incomes or of other property
subject to confiscation under par. 7 of Article 5 of the 1988 Convention
even if this may require legal or constitutional amendments.
Among the international law components of measures are those calling
for reciprocal legal support of countries working to combat drug
trafficking. It is essential to make extradition easier, to strengthen
international cooperation against illegal drug trafficking, as well as to
promote the international system of control over medicinal drugs and
psychotropes.
The preventive measures are comprised of destroying illegal plantations
of drug-bearing crops; preventing a transfer of drugs and of their
components from the legal sphere to the illegal one; curbing illegal drug
trafficking; reducing the demand for drugs; preventing the use of
narcotics, particularly, in places of employment, eliminating the addicts'
pads, illegal labs where narcotics are made and stores which sell them;
promoting social rehabilitation of drug addicts and encouraging education
campaigns against drugs.
The control component of measures envisages supervision over the
following areas: the growing of drug-bearing plants, to rule out a
"leakage" of the legitimately grown plants: illegal sowing and raising;
production of narcotics, their acquisition, storage, stocking and
dispensing; commercial trade turnover in special equipment used for
producing drugs, as well as in raw materials; semi-finished products,
chemicals and narcotic analogies; international parcel post deliveries as a
vehicle for sending narcotics; ships sailing on the high seas and planes
flying in international space; transit through customs' ports; approaches
to land, sea and air borders; and deliveries of drugs for treatments at
hospitals.
The most important law-making measure is that of bringing national
legislation in line with international conventions on narco-business.
The common criminal measures are those applied in every country, as
criminal responsibility for illegal drug trafficking, sowing and raising
drug-bearing plants as well as for other socially dangerous actions related
to drugs. These measures cover both punishments for the above-listed crimes
and also confiscation of tools and of income earned from the illegal drug
trafficking.
Other measures include improving judiciary and legal systems such as
law-enforcement bodies, courts of law, penitentiary and post penitentiary
programs, customs and education.
Forms of Measures to Overcome Drug Abuse:
The classification of measures to overcome drug abuse can be subdivided
into two groups: those having legal form and those that do not, i.e. those
which are regulated and unregulated by the law accordingly.
Measures to Overcome Drug Abuse Regulated by the Law:
The legal measures against drug abuse include compulsory educational;
compulsory medical; preventive- repressive; repressive; those ensuring
active participation of citizens in combating crimes, in preventing and
curbing them; as well as procedural and organizational managerial. The
compulsory medical, preventive repressive and repressive measures are those
aimed at suppressing drug abuse and the compulsory educational-at
preventing it.
Organizational managerial measures on the basis of administrative legal
norms, determine in general terms, the status of curative educational and
curative labor centers providing treatments to drug addicts, and the
competence of law-enforcement agencies and of the court regarding the
compulsory placing of drug addicts for treatment. In addition, there are
also measures, containing the following provisions: to build up, on the
national scale, a network of bodies and institutions whose functions will
amount to combating drug-related crimes; to record the number of addicts
and provide treatments to them; to promote departmental cooperation in the
work of combating narcotics; many organizational managerial measures are
specified by international law, registered in conventions, agreements,
treaties and other documents.
Measures to Overcome Drug Abuse Unregulated by the Law:
The second group of measures to overcome drug abuse are those which are
not regulated by the law. They are informational, analytical,
organizational, educational, scientific, technological, medical and
preventive, as well as other measures that bear no relation to compulsion.
It is the group of legal measures, which can be subdivided into law
branches. Such norms, as suggested above, can be found in the civil,
family, labor, administrative, and criminal codes.
The Level of Measures to Combat Drug Abuse:
Measures to combat drug abuse can be divided into the following four
levels: international, social, special and individual.
Measures at the international level are applied by various countries
throughout the world. They are particularly binding in the countries, which
have joined international treaties by ratifying them. This category of
measures may include any of the previously listed such as informational,
analytical, research, technical, medical, economical, financial,
preventive, control, and law-making.
Social measures are those used on a national scale and meant to
influence society as a whole. They include preventive, law-making, criminal
and other legal measures, as well as the ones embracing the entire society
such as informational, analytical, organizational, managerial, medical,
economical, and others.
Special measures aim to overcome drug abuse and influence, on the one
hand, certain kinds of harmful activities linked to drugs, and on the
other, restrain persons inclined to carry out such activities or drug
addicts. Measures aimed against certain kinds of activities include, for
example, actions to destroy illegally sown crops or wild drug-bearing
plants, may include measures in regard to specific individuals, attempts to
cure drug addicts; to reveal and record the names of people inclined to
commit drug-related crimes, or persons already convicted for such crimes;
to prevent such people from committing more crimes; and to help persons
from high risk groups avoid situations which may induce drug use.
Measures in regard to individuals cover steps taken in relation to
those persons who use drugs or those who have committed or tend to commit
crimes or other law-breaking acts involving drugs. They include steps
providing drug addicts with an opportunity to undergo treatment or making
them, if necessary, to undergo treatment, instituting criminal proceedings
or using administrative measures against persons who have committed crimes,
as well as preventing or warding off potentially socially dangerous actions
involving drugs, etc. Medical, preventive, administrative, legal, criminal,
criminal procedural and criminal executive measures can also be seen as
measures in regard to individuals.
The Subjects of Measures to Overcome Drug Abuse:
The measures to overcome drug abuse can be grouped by institutions
implementing them. There are international agencies and organizations,
medical institutions, law-making bodies, law-enforcement agencies,
executive government branches, specially created agencies, groups and other
organizations.
The Commission on Narcotics of the UN Economic and Social Council and
the UN International Committee on Drug Control are permanently functioning
international agencies. Various conferences and symposia on actions against
drug abuse discussed and worked out conventions, programs, decisions,
projects, and recommendations. These can be referred to as temporarily
operating organizations. Conferences of member-states, i.e. of their
official representatives, have the right to approve conventions and other
normative documents subsequently ranked as international law acts. After
their ratification, legal norms contained in them become part of national
legislation. International bodies exercise all the above-listed measures to
combat drug abuse, except for criminal measures and a few others.
Medical institutions have the authority to carry out curative and
curative preventive measures.
By their nature, the measures to overcome drug addiction can be divided
into suppressive and preventive.
This classification makes it possible to determine the importance of
each particular group. It can also serve as the basis for building a system
of measures to be used for the preparation and subsequent development of
the national program of action to combat drug addiction.
Measures to Overcome Drug Abuse:
By evaluating the measures to overcome drug abuse from the study of the
experience, it is possible to single out the following groups of measures:
1) control preventive; 2) research, training and educational; 3) medical;
4) legal; 5) economic and financial, and 6) organizational.
The control and preventive; research, training and educational;
economic and financial measures are grouped together because they are
closely intertwined. Legal measures in this national program should include
law enforcement and law-making measures and organizational measures-
informational, analytical, and technical measures.
Without referring to the contents once again it would be important,
from the standpoint of their expression and place in this program, to draw
attention to some points concerning certain groups of the proposed
measures.
A method should be defined in this anti-drug program of applying
control measures. It would need to be a legislative regulation of drug
movements from the sowing of drug-bearing plants and their cultivation, to
the consumption of drugs. Presently, conflicting rules regulating the
production, acquisition, storage, stock taking, dispensing, transportation
and the sending of narcotics by parcel post are in force. These rules were
enacted by executive branch agencies rather than by lawmakers. For example,
the rules concerning the production, storage, stock-taking, and dispensing
of drugs were established by the orders issued by the Ministry of Health,
and the Ministry of the Medical and Micro- biological Industry of the
former USSR. Transportation rules can be found in orders issued by the
Ministry of the Medical Industry and coordinated with the Ministry of
Internal Affairs of the former USSR. Rules for sending and shipping drugs
by rail or any other kind of transport were determined by normative acts of
various agencies. On the other hand, even if this is the prerogative of law- makers, the rules are scattered within various and quite numerous
normative acts making it difficult to control violations of these rules by
law-enforcement agencies. So, if a full and effective control over the
circulation of narcotics is to be ensured, uniform rules for handling drugs
should be worked out on the basis of the existing rules and should be made
into law. These rules should envisage the procedures for the sowing,
raising, producing, storing, stock-taking, dispensing and selling of drugs
and for the acquiring, sending by parcel post, and carrying of drugs and
their analogies, as well as raw materials, semi-finished products,
chemicals and special equipment used in making drugs across national
borders.
To implement research, training and educational measures in a national
program it is essential to set up a single research and study center
consisting of facilities capable to perform specific tasks of dealing with
drug addiction. These tasks should be defined in the national program
without overstepping their limits, so as not to squander means and
resources on meeting other goals. For example, the tasks of the research
facility should be to identify drugs, establish new types of drugs and
study the most pressing problems of efforts aimed at stopping drug
addiction. There is a need to establish how money obtained from the
narcotics trade is laundered and determine methods for halting this
process; a need to develop methods for examining controlled deliveries,
documenting them and obtaining evidence which could determine guilt of the
involved parties. The research center could work out methods for carrying
out searches and other actions to uncover illegal drug operations and
actions of those guilty, including sponsors, leaders and members of
organized crime groups. The research center could summarize international
experience in combating drug addiction, including school and out-of-school
psycho preventive education for minors, preventive measures among
population groups considered to be at a risk, and educational and
preventive activity by means of mass media.
Special attention should be paid to law-making measures devoted to
combating drug addiction. It is expedient to include in the national
program provisions regulating legal drug turnover, regulations for the
treatment, and rehabilitation of drug addicts. It is necessary to develop
and pass the law on the responsibility for laundering drug money ensure and
to treatment of drug patients grown drug-bearing plants for personal use at
therapy centers or narcological hospitals, who have made, bought or kept
drugs or have sown without selling them, rather than making them face
criminal responsibility.
Economic and financial measures in the national program should provide
for funding to actually put this program into effect. It should also ensure
the functioning of the law-enforcement agencies engaged in the anti-drug
programs, of narcological institutions and drug control services, as well
as support for persons who use fields where drug-bearing crops had been
cultivated earlier but later destroyed. Also the program should develop
provisions about the application of financial measures against the
laundering of drug money.
When it comes to organizational measures, it would be expedient to
single out purely organizational and also informational, analytical, and
material- technical ones.
It seems that priorities of the program should be to strengthen
subunits of the law enforcement agencies, and of narcological centers,
specializing in programs against drug abuse; to set up drug control
agencies, encourage anti-drug programs by the greatest number of agencies,
organizations, and mass media. The priority is promoting cooperation
between all agencies and organizations engaged in combating drug abuse; in
establishing a research center for studying problems of combating drug
addiction, in training and up-grading the qualifications of specialists,
expected to work in their field; and in setting up a data bank on drug
addiction.
All of the above listed informational, analytical and technical
measures should be included in the national program to combat drug
addiction in the Russian Federation. A special fund needs to be started to
support such projects as building medical institutions, a study center, and
the law enforcement agencies furnished with the most modern equipment.
This system of measures to combat drug abuse examined here with the
ranking of these measures, will make it possible to set specific deadlines
for putting stipulated provisions into practice and will define the
responsibility for their implementation, if this system becomes a part of
the national program. The time frame for the implementation of this
extensive program should be no less than 3 years with annual reports from
all those involved. This will help ensure a more effective realization of
all its provisions.
This system and the classification of measures against drug abuse
indicate how difficult and complicated the job of combating drugs is. It
calls for much effort, constant improvement and a considerable resources.
Chapter III. Drug Abuse in the International Law
Par. 1. International Fora and Legal Acts on Drugs
Legal measures figure prominently in the system of actions aiming to
combat drugs. It is precisely the legal acts that determine the object, the
subject of narco-crime and influence the shaping of measures of preventive-
educational and curative interference, as well as the range of drug-related
actions, considered dangerous to the public.
Measures against drug abuse rest, first and foremost, on a number of
international law acts ratified by the Supreme Soviet of the former USSR.
These acts have different names: treaty, pact, convention, agreement,
protocol, declaration and so on. From the juridical point of view, the
difference in names is of no principal importance. No clear-cut criterion
for the use of these names has been worked out in international practice.
In each particular case, this question is resolved by the parties
(countries) to negotiations, who agree on the definition of relations
between them in this or another special field.
Actions against drug abuse are regulated by international law because
they involve international relations, as they touch upon the interests of
not one but, sometimes, of many countries. As for narco-crimes, they
encroach upon the international cooperation, violate human rights, and
state interests.
All crimes bearing international nature and coming under the norms of
international criminal law, can be divided into two groups by the degree of
their danger to the public, and the forms of manifestation: crimes of
international character.
International crimes are those posing the biggest threat to the
development of peaceful relations and cooperation between nations
regardless of their social, political and government systems. They include
heinous crimes against peace and security of the mankind, such as
aggression, genocide, biocide, ecocide or apartheid.
Crimes of International Character:
Crimes of international character are defined as those covered by the
international law but not belonging to the category of crimes against peace
and security of mankind, rather those infringing upon normal relations
between countries and damaging their peaceful cooperation in various
fields, as well as infringing upon relations between organizations and
citizens. These crimes are much less dangerous and are hard to compare to
crimes against the peace and security of mankind. They are punishable "in
accordance with the norms covered by the international agreements
(conventions), ratified in the proper order, or by the national criminal
codes which conform to these agreements."
Various areas of inter-state relations are the objects of crimes of
international character. This factor makes it possible to divide these
crimes into four rather relative sub-divisions:
1) Crimes that infringe upon the peaceful cooperation and normal
conduct of international relations (terrorism, hijacking and other crimes);
2) Crimes that damage in a variety of norms international economic,
social and cultural development, such as smuggling, illegal emigration,
counterfeiting and dissemination of narcotics through illegal trade;
3) Crimes that against property, moral values, and rights of
individuals, such as trafficking, piracy, pornography and other crimes
covered by international conventions and agreements;
4) Other crimes of international character, such as crimes committed on
board of aircraft, damage to underwater cables, collision of ships and the
failure to provide help at sea etc.
This classification rules out an identical approach to crimes that are
crimes against humanity, and crimes that are of international character.
This classification allows to examine them in conformity with the set of
laws they infringe upon and in conformity with the extent of harm they do
to international relations. Moreover, this classification largely helps
prevent any broader interpretation of the notion of international crimes.
The categories - listed above of these are not something permanent, as
these crimes are of the changeable and dynamic nature. The extent of danger
they pose can move them from one category to another. At present any crimes
encroaching upon the vital interests of all nations and countries can be
considered as international crime or crime of international character.
Virtually all countries recognize the need to combat international
crimes and crimes of international character, including the illegal
dissemination of and trade with narcotics. The binding nature of this
effort stems from the universally recognized principles of international
law, including the international duty of all countries to maintain peace
and promote security of all nations, as well as to hold persons guilty of
committing crimes against the peace and security of mankind and other
crimes of international character accountable for their actions.
All international legal acts against drug abuse can be divided into
general and specific. General acts regulate various types of international
relations, particularly, those formed in connection with actions against
international crimes and crimes of international character, including the
dissemination of and trade with drugs. Specific acts of international law
bear direct relation to actions against drug abuse and its most dangerous
aspect- narco-crime.