hardly give a complete picture of this problem.

Some published works, however, contain a number of definitions of

organized crime. Some authors point to the following basic features.

Criminal groups based on hierarchical order consolidate within the borders

of one particular region or a country; their leaders take no part in crimes

but only perform organizational, managerial and ideological functions.

Government officials, including law enforcement officers, become corrupt

and join criminal activities providing safety to the members of criminal

associations. This association has a tendency to monopolize and expand the

spheres of illegal activities, and to protect leaders from bearing any

responsibility. Another group of authors believe that organized crime is a

system of contacts forming naturally in the criminal surroundings which

lead to the concentration and monopolization of certain kinds of criminal

activities. Diversified ties between groups engaged in criminal activities

are characteristic of this system.

About the Concept of Organized Crime:

Organized crime represents the consolidated criminal associations with

their own norms of behavior, hierarchical ladders and finances, it is the

most dangerous kind of crime that opposes and counteracts the lawful

actions of the state. This definition also embraces the totality of

mercenary and economic crimes committed with the help of corrupt government

officials, and law enforcement agents among them, who yielded to bribery

and other forms of corruption.

Organized Crime in Foreign Legislation:

In this context it is interesting to look at foreign experience in

dealing with organized crime, particularly, in the field of legislation.

The Italian criminal code states, for example, (article 416-2) that "the

association of a mafia kind is ranked as a criminal one when its members

practice the removal and intimidation of other persons in order to ensure a

cover-up and observe the law of silence and thus make it possible to commit

crimes, and win, directly or indirectly, posts allowing the management or

control of business activities, the distribution of concessions and permits

of all kinds, the signing of contracts, and communal services, as well as

making illegal profits or securing illegal privileges for themselves and

other persons." The American approach seems to be slightly different. While

the Italian Criminal Code lists features of organized crime, American

Federal Legislation (USC-par. 3781), though naming certain features of

organized crime, attributes concrete actions to it, namely, "unlawful

activities by members of a well-organized and disciplined association

supplying illegal commodities and offering illegal services, which include

but are not limited to, gambling, prostitution, usury, the spread of

narcotics, racket and other unlawful actions by such organizations."

Organized crime has broad opportunities for carrying out unlawful deeds but

the choice of these opportunities is mainly determined by the level of

expected profit, the minimum degree of possible risk of being caught and

exposed and the absence of concrete victims. It is this particular factor

that comes to the foreground in crimes related to narcotics whose users are

not interested in reporting to the police. The specific choice of a

"specialization" for this or another criminal group is a factor

guaranteeing it, to a large degree, a high level of conspiracy and a free

hand in committing crimes. Along with the previously mentioned

"specialization" of criminal associations there also exists what is termed

as an "internal specialization", i.e. the division of labor among criminal

association members.

Organized Crime and Drug Related Crime: Features in Common:

These features include:

- clearly defined organizational and managerial structures with a

hierarchy which ensures the protection of leaders from punishment since

their actions usually remain outside the confines of the criminal code;

- uniform norms of behavior and responsibility;

- planned unlawful activities and common goals aimed at making large

profits;

- a system aiming to neutralize all forms of legal control and

development of counter measures;

- common finances invested in various areas of criminal activities,

which are used for bribing the necessary people, providing material support

to members of criminal associations and financing crimes;

- monopolization and expansion of areas of criminal activity,

cooperation between criminal associations in various branches of a national

economy, the introduction of commodities and services to the black market,

exploitation of women through pornography, and prostitution;

- the use of legal methods to launder drug money.

In sum narcotics are a negative social phenomenon posing an extreme

danger to society. This danger is expressed in such ill-effects as the

destruction of people's health as a result of drug addiction, drug-related

crimes, the totality of which forms an independent crime branch (narco-

crime), and the ability to turn the most dangerous and well-organized part

of narco-crime into a variety of organized crime.

Par. 2. Tendencies of Development

Some tendencies of development can be traced by using the statistical

method, whereas others, which are not clearly evident, can be discovered by

sociological studies, expert evaluations, interviews, studies of documents

or by content analysis of mass media publications.

The Structure of Narco-crime:

In the structure of narco-crime, the predominant criminal actions are

the illegal preparation, acquisition, storage, transportation and

dissemination of narcotics by mail. The percentage of such crimes is high

and is increasing all the time. It varies between 87 and 96%. Actions not

with the intent to sell constitute an overwhelming share (from 96 to 99%).

On the one hand, this fact gives reason to assume that the actions

listed above were taken to obtain narcotics for personal use. On the other,

a conclusion can be drawn that the main efforts against the spread of

illegal drug trafficking "have actually shifted towards intensifying

repressive measures against drug users.

However, illegal activity with drugs and their deliberate sale is much

more intensive. But for various reasons, both objective and subjective,

these fall under a different legal assessment. A major factor is that it is

difficult to prove that there was an intent to sell. This is compounded by

subjective views of "intent to sell" in special situations and the absence

of a clear-cut stand by the lawmakers. 93% of the polled narcotic officers

believe that proving "intent to sell" is difficult especially since this

question is of decisive importance in final judicial rulings.

Besides, 63% of the respondents charged with illegal drug operations

without the aim of selling drugs, admitted that they not only had such

intent but also had been engaged in these operations on a regular basis all

the way up until they were arrested.

It is interesting to note that in police seizures, drugs obtained from

natural plants have prevailed so far. (Nearly 9/10ths). Today the amount of

seized raw materials for making drugs is estimated in tens of tons and has

grown more than 5 times in the last few years. This is well above even the

over-estimated needs and norms of known addicts.

Specialized studies on the subject underline how difficult it is to

investigate and uncover the above-mentioned crimes because of "the

ingenuity of methods used to carry them out, attempts to conceal them and

also because criminal behavior is multifaceted.

One should also take into account the absence of well-conceived

methods, and the shortage of professionally trained personnel to uncover

and investigate such crimes, especially, in the present-day conditions when

there are political collisions caused by the Soviet Union's disintegration,

when there are "transparent" and ill-defined borders between the former

sovereign Soviet republics, when the internal affairs agencies are not well

equipped technically, and when the customs and border control services are

vulnerable.

The Structure of Crime and Latency:

Among the registered crimes there are none related to violations within

the system of medical care of the rules of drug-making, drug acquisition,

storage, keeping stock of, dispensing, transporting or sending by mail, at

pharmaceutical factories or medical and bio industrial enterprises, etc.

The absence of information about drug-related crimes, however, does not

mean at all that there are no crimes present.

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.

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