Рефераты. Drug abuse: Tendencies and ways to overcome it

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


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


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


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


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.

General Acts of International Law:

Страницы: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13

2012 © Все права защищены
При использовании материалов активная ссылка на источник обязательна.