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
Страницы: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23
