The most important restrictions are those concerning the cultivation of

opium poppy, cocaine shrub or cannabis plant.

Special provisions are envisaged in the first place in relation to

opium. Government-run institutions (one or several) should be set up to

deal with the cultivation of opium poppy and with opium production. They

should have the right to determine areas and sizes of fields, and issue

licenses and permits for land plots where a certain amount of opium poppy

can be grown and a certain amount of opium-produced. These government-run

institutions should be endowed with the exclusive right to buy opium poppy

crops from farmers and to import, export, conclude wholesale trade deals

and maintain storage opium stocks (with the exception of medicinal opium

and preparations from it.)

The responsibilities of persons are outlined who have permits

(licenses) to grow drug-bearing plants, to turn over crops of opium poppy

only to the institution which they had received their permits from. Any

departures from the established procedures are qualified as violations of

the law. The Convention permits narcotics to be made only at government-run

enterprises or in accordance with licenses issued to persons with necessary

qualifications.

The Convention introduces uniform rules for storing narcotics to ensure

that the substances are maintained in proper condition. It envisages the

responsibility of member-states for taking precautionary measures to

prevent the inappropriate use of narcotics or the possibility for them to

become part of illegal trafficking in cases when, for example, they are

kept in airliners' first aid compartments.

Narcotics can be stored only legally. Their producers are not allowed

to keep them in quantity exceeding the established norms. A compulsory

registration system is established under which the quantity of each

prepared, acquired or used drug should be recorded. Drugs can be stored for

no more than 2 years.

The signatories of the Convention are obliged to take specially

stipulated measures to combat illegal drug trafficking. The Convention

therefore grants the contracting parties the right to control the work of

persons and enterprises engaged, on a legal basis, in the cultivation,

manufacture, storage and use of narcotics and of those engaged in the

drugs' exportation, importation, distribution and trade.

The participating countries, besides, have the following duties: to

take steps at home towards coordinating preventive and repressive measures

against illegal drug trafficking; to help each other in carrying out

campaigns against illegal drug trafficking; to closely cooperate with

competent international bodies in carrying out coordinated actions for the

purpose of combating narcotics and also to ensure an effective

international cooperation and a quick transfer of legal documents for

launching prosecution.

Punishability of Drug-related crimes:

The Uniform Convention institutes the punishment for drug-related

crimes and obliges member-countries to take specific actions when crimes

that are recognized as punishable by the Convention are committed

intentionally. Serious crimes should be punished by imprisonment or some

other form of deprivation of freedom. Intentional crimes which are

punishable include: the cultivation and production, manufacture,

extraction, preparation, storage, offer, offer with commercial intentions,

distribution, purchase, sale, delivery on any conditions, drug-pushing,

dispatch, transit re-dispatch, shipping, and importation and exportation of

narcotics. Each of these crimes, if committed in more than one country,

must be considered as a separate crime. Intentional complicity in any of

these crimes, participation in a community with the aim to commit or

attempt to commit a crime, preparatory actions or financial operations

related to the above cited crimes must also be recognized as punishable

actions. Sentences passed by foreign courts for such crimes must be taken

into account when considering recidivism.

The Convention recommends that any extradition treaty should make these

crimes subject to extradition.

Yet while instituting punishment for a long list of drug-related crimes

the Uniform Convention also includes a special decision on treating drug

addicts. It calls on the member-states to create conditions conducive to

providing them with rehabilitation and restoring their ability to work. If

economic opportunities are available in the country, appropriate conditions

should be created providing preventive treatment to drug addicts.

The UN Convention of 1988:

The 1988 Convention regulates questions relating to the illegal

trafficking of drugs and psycho tropes. The aim of this Convention is to

promote cooperation between the contracting parties so as to more

effectively solve various problems involving worldwide illegal drug

trafficking, curtail its size and prevent its grave consequences. The

Convention particularly emphasizes the danger of the proliferation of

illegal drug trafficking and the involvement of children in it. It points

to the need to ensure control of easily accessible substances and those,

which are used to make narcotics illegally.

Special attention is paid to the need to improve international

cooperation to block illegal drug trafficking at sea. The Convention

envisages steps to prevent a certain number of offenses.

The contracting parties are expected to adopt necessary legislative and

organizational steps. The following provisions seem to be the most

interesting.

The Notion of Illegal Drug Trafficking:

Firstly, there is a provision, bearing the form of a recommendation,

for member states that national legislation should recognize certain

premeditated actions included by the Convention into the notion of "illegal

trafficking" as common crimes. Actions that violate the 1961 Convention

(with amendments) include: production, manufacture, preparation, offer for

sale, distribution, sale, delivery on any terms, middleman services,

shipping, transit shipping, transportation, and importation or exportation

of any narcotic. Other actions which should be recognized as crimes are the

cultivation of specially indicated narcotic-bearing plants in order to turn

out drugs; storing or purchasing any narcotic for illegal trafficking;

making, transporting or distributing equipment, materials or substances for

the purpose of illegal cultivation, production or manufacture of narcotics;

organization, guidance or financing of any offenses listed above;

conversion or transfer of property obtained from the above mentioned

offenses in order to conceal or cover up an illegal source of property or

in order to help a person who is taking part in committing the listed

offenses to evade responsibility for his actions; concealment or secrecy of

the true nature of the source, whereabouts, arrangement method, transfer of

the rights in relation to property or its belonging if it is known that

this property is gained as a result of the listed offenses; possession of

equipment or materials needed to illegally cultivate, produce or make any

narcotic; public encouragement or incitement of other persons by any means

to commit any of the above-mentioned offenses; participation or involvement

in a criminal collusion in order to commit the mentioned offenses, as well

as accomplice, incitement, assistance or advice during their commission;

and intentional storage, acquisition or cultivation of any narcotic for

personal use in defiance of the provisions of the 1961 Convention (with

amendments).

Secondly, there is a provision concerning matters of responsibility and

punishment of people convicted of dangerous drug-related crimes. This

provision recommends such sanctions as imprisonment or the deprivation of

freedom, as well as additional measures in the form of rehabilitation,

restoration of the ability to work, or social reintegration with subsequent

supervision.

Controlled Deliveries:

Thirdly, there is a provision about the use of controlled deliveries at

the international level based on mutual accords. Controlled delivery is a

method under which exportation, transportation or importation of illegal or

suspicious batches of drugs are allowed on the territory of one or several

countries with the knowledge and under the supervision of competent

agencies in order to identify the participants in these offenses.

Most norms covered by international conventions are part of the laws of

the Russian Federation, and more of these norms may be registered in the

future provided there are suitable conditions.

Measures to Prevent Drug Money Laundering:

There are two documents, which have been mentioned earlier that are

very important in controlling drug abuse because they affect the "sore

points" of narco-business. Both of these documents need to be applied in

the Russian Federation. One, from 12th December 1988, is a statement by the

Committee on Banking Rules and Banking Supervision. Its aim is to prevent

the criminal use of the banking system for laundering money gained from the

trade in drugs. The other is the decision by the heads of state and

government of the 7 leading industrial countries and by the European

Commission Chairman. Under this decision taken at the 15th Economic Summit

in Paris in July 1989, a Special Operations Group on financial issues was

set up.

It must also be noted that the past few years have seen the convocation

of numerous official and unofficial conferences, symposia and meetings of

experts specializing in combating drug abuse, including one held in 1996 in

Baku. They all worked out and recommended for implementation various

measures to control narcotics.

Par. 2. Tendencies in the World Community's Reaction to Drug Abuse.

The world community counteracts the negative tendencies of drug abuse.

This can be clearly seen in the materials of the world fora and in the

international legal acts.

The Overriding Tendency of Combating Drug Abuse:

The overriding tendency is the expanding scale, and improvement of

activities, as well as of the international legal regulations combating

drug abuse. The core of this tendency is expressed in the following

trajectory from the study of drug abuse, and exerting influence by the

world community through establishing international control over legitimate

distribution and consumption of drugs, to the adoption and implementation

of the increasingly diversified, detailed, rationalized and tough measures

combating illegal drug trafficking and criminal drug money laundering.

These measures are being worked out by international agencies and

organizations and are aimed at fully blocking the spread of narcotics.

This overall tendency can be seen in several of its more concrete

manifestations, such as bringing the problem of narcotics to the forefront;

expanding the sphere of the international legal regulation by amending

existing measures and approving new international legal norms; making

actions against drug abuse more purposeful by revealing its most vulnerable

spots and controlling them by using new, more perfected international legal

norms; ensuring a more universal, unified and standardized understanding of

international legal terms regulating narcotics and; adopting international

legal norms that pave the way for a real opportunity to combat narcotics;

bringing international and national legal acts in line concerning actions

against narcotics in the process of nations joining international legal

acts and ratifying them; increasing the number of countries taking part in

international conferences on actions against narcotics and the number of

countries joining international legal acts and setting up and expanding the

functions of specialized international agencies that work to combat

narcotics.

Bringing to the Foreground Problems of Combating Drug Abuse:

Nearly 80 years since the convocation of the Shanghai Opium Commission

in 1909, the first official body on the international scene that had drawn

attention to the problems of narcotics, its regulation and gradual

restriction, public attention to the problem has been steadily growing in

proportion to the rise in the degree of public danger and the spread of

narcotics. This is manifested by the increasing number of conferences,

meetings, and symposia that concentrate on working out and adopting various

international legal acts regulating measures to combat narcotics along with

producing recommendations aimed at improving these types of measures and

their application.

Expanding the Sphere of International Legal Regulation:

Expanding the sphere of international legal regulation means that each

successive forum and each new international legal act against narcotics has

focused on such areas of drug abuse, which have not been previously subject

of international regulation.

In particular, the 1912 Hague Convention was the first to define types

of narcotics - raw opium, smoke opium, medicinal opium, morphine and some

others, which were placed under international control. Later this list was

expanded. Under the Convention of 19th February 1925, some additional raw

materials such as coca leaves, raw cocaine and Indian hemp (cannabis) were

included. Also any other drug capable of causing harmful affects, according

to the finding of a competent body, could be added to the list. Under the

Protocol of 19th November 1948 the list was further extended by synthetic

drugs that had come into being by that time and had not been regulated by

any of the previously adopted international legal acts. The 1961 Uniform

Convention contained a much longer list of narcotics allowing for further

subsequent changes and additions.

The 1912 Hague Convention obliged the participating countries to pass

national legislation controlling the production, distribution, importation

and exportation of raw opium as well as measures scaling down production,

domestic trade and consumption of smoke opium, banning its import and

export. The Agreement of 11th February 1925 envisaged setting up a

government monopoly for opium production and monopoly associations for

opium trade. The Geneva Convention of 19th February 1925 introduced new

measures, such as exercising control over the activities of persons who

held permits to manufacture, import, export, sell, distribute and apply

narcotics, as well as control over the premises where these persons

practiced their trade. The Convention also limited the number of ports,

cities and other populated centers through which the import and export of

drugs was allowed, and urged the adoption of domestic legislation

qualifying violation of these provisions of the Convention as criminal

offence. The Convention of 13th July 1931 formulated the following

additional measures: extradition of criminals for committing drug-related

crimes; setting up domestic government agencies to implement the

Convention's decisions and regulations, supervision over the trade in drug-

bearing medicines, listed in the Convention, and a clamp-down on illegal

drug trafficking. The Bangkok agreement of 27th November 1931 contained

such amendments as limiting retail opium trade to government agencies only.

For persons under 21 years of age visiting opium dens, was a criminal

offence. The Convention of 26th June 1936 was the first to introduce the

word "struggle" and provided for a much wider range of criminal drug-

related offenses. Under the Protocol of 19th November 1948, the signatories

had to inform the UN about any substance that had the potential of being

abused in the future.

The 1961 Uniform Convention (with amendments) broadened international

legal norms, over new aspects of drug abuse. For example, it established a

special procedure for cultivating narcotic-bearing plants and manufacturing

narcotic substances, it established uniform rules for storing drugs. These

procedures bound the signatories to cooperate with each other and with

authorized international organizations in arranging and holding campaigns

against illegal drug trafficking, and in applying imprisonment and against

those guilty of premeditated drug-related crimes.

The 1988 UN Convention contained recommendations to define concrete

premeditated actions as crimes in national legislation. An extended list of

these crimes was included into the concept "illegal drug trafficking." The

Convention also listed such measures as medical treatment of addicts,

restoration of their working capabilities or social re-integration under

subsequent supervision. The Convention outlined recommendations on using

controlled deliveries at the international level on the basis of mutual

accords.

Purposeful Actions Against Drug Abuse:

Intensifying actions against drug abuse by revealing and attacking

vulnerable spots of narco-business through the help of new, more perfect

law as the world community increasing realized the danger of narcotics, it

displayed a growing ability to apply new international legal norms. As a

result the world community has been approving appropriate legal norms to

check the spread of narcotics. For example, on the basis of the 1912 Hague

Convention the signatories pledged to undertake measures to gradually stop

the production, domestic trade, and consumption of smoke opium, as well as

to ban its import and export. The 1988 Convention registered the provision

on controlled drug deliveries at the international level on the basis of

mutual accords. In accordance with the statement by the Committee for

Banking Rules and Banking Supervision of 12th December 1988 and the

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