Рефераты. Drug abuse: Tendencies and ways to overcome it

decision of July 1989 by the heads of states and governments of the seven

leading industrial nations and by the European Commission Chairman,

measures were taken to prevent criminal use of the banking system for

laundering money obtained from drug trade.

The Universalization of Legal Norms:

The trend to ensure universalization, unification and standardization

of the international legal norms on narcotics first manifested it self in

the 1912 Hague Convention, the Convention of 19th February 1925 and the

Uniform Convention. These contained uniform lists of controlled narcotics.

The Convention of 13th July 1931 introduced the notions "production",

"refining", "processing", "reserve storage stocks", "government storage

stocks", "export-import", "cultivation", "illegal trafficking",

"territory", "manufacture", "preparation", "storage stocks", and "special

storage stocks". The 1961 Uniform Convention and the 1988 Convention

provided unified lists of socially dangerous activities, qualified as

criminal offenses.

Raising the Effectiveness of the International Legal Norms:

More and more specific and not just declarative norms ensuring

effective and lasting actions against narcotics have been introduced into

law-enforcement practice at each new stage in the international legal

regulation of narcotics. The adoption of these international legal norms is

paving the way for a real opportunity to oppose drug abuse.

Whereas the 1909 Shanghai Opium Commission failed to generate any

constructive measures against narcotics, the 1912 Hague Convention managed

to define the kinds of narcotics to be placed under international control.

The Agreement of 11th February 1925 provided for the establishment of

monopoly institutions to deal with opium and for the transfer of the smoke

opium production to a government monopoly. The Convention of 19th February

1925 extended the list of controlled narcotics and introduced new

restrictions. Appropriate provisions of the 1931 Bangkok Agreement, the

Convention of 13th July 1931, of 26th June 1936, the Protocol of 19th

January 1948, the 1961 Uniform Convention (with amendments), the 1988 UN

Convention and documents of the European Community of 1988 and 1989 as

discussed above, have also been raising the effectiveness of the drive

against narcotics.

Bringing into Line the International and National Legal Norms:

Increasingly international and national legal norms against narcotics

are brought into line as nations sign and ratify international acts. This

leads to the mutual enrichment of the international and national legal

norms aimed at blocking narcotics. On the one hand, the world community

elevates national legal norms to international level by instituting

international legal norms. On the other hand, nations ratify international

legal acts thus adopting them as domestic legislation. International and

domestic legal norms coincide almost completely sometimes, in such areas

the list of narcotics and drug-related actions considered a criminal

offense, as well as the procedure of filing criminal charges against

persons committing drug-related crimes, and their extradition.

The Rise in the Number of Countries Taking Part in International


There has been an increase in the number of nations taking part in

international conferences on narcotics and in the number of nations signing

international legal acts. This is evident in the fact that 13 nations took

part in the Shanghai Opium Commission in 1909, whereas 73 nations attended

the New York conference, which adopted the Uniform Convention in 1961.

Since then, many nations have ratified the Uniform Convention and the 1988

UN Convention and more are going to sign them.

Setting up Specialized Agencies:

The world community has created and keeps expanding the functions of

the specialized agencies dealing with narcotics, such as Permanent Central

Committee on Drugs of 1925, the Special Commission of 1928, the Control

Commission of 1931, the Commission on Drugs of the UN Economic and Social

Council of 1961 and the UN International Committee on Drug Control, and the

special operations group on financial matters of 1989 dealing with money

laundering resulting from drug trafficking. These agencies handle more and

more functions in response to the ever more sophisticated dissemination of

drugs, and money laundering resulting from drug trafficking.

The reaction of the world community to narcotics examined above shows a

deeper understanding of this dangerous phenomenon, along with the

increasing sophistication of measures against it. One can predict that this

tendency will remain steadfast and keep progressing.

Chapter IV. Measures to Suppress and Prevent Drug Abuse

Measures to Prevent Drug Abuse Regulated by Law:

International legal acts are realized on a national scale. National

measures in turn are of the three basic types: suppression, prevention, and


Legal measures of suppression are coercive measures in regard to crimes

that have already been committed. They are a combination of criminal-legal,

criminal-executive and legal-administrative measures.

The criminal-legal measures must be fully compatible with the criminal

law and registered in the Criminal Code of the Russian Federation. They are

expected to safeguard the public from the drug-related crimes by inflicting

punishment on persons who have committed these crimes and also, in

combination with it, in cases stipulated by the law, apply coercive

measures of medical nature or, if need be, a system of guardianship. These

measures can be divided into two groups: those referring to crime and those

referring to punishment. Measures of the second group, though they are

envisaged by the norms of the criminal law, seem to be closer to legal-

executive measures, and can therefore be grouped, with a certain degree of

relativity, into the legal-executive category.

The legal-executive measures include punishment, coercive measures of

medical nature, as well as the process of executing punishment and coercive

measures of medical nature along with putting under guardianship, if


Legal-administrative measures are covered by the norms of the

administrative law, establishing responsibility for the infringements of

the law and regulating compulsory treatment of drug addicts.

Measures to prevent narcotics are very diverse. Their aim is to exert

influence on various elements such as on persons using drugs, sowing and

raising drug-bearing crops, manufacturing, acquiring, storing and selling

narcotic substances and committing other drug-related crimes; on persons

committing crimes with the aim of getting the means to purchase drugs or

those undertaking criminal actions in the state of narcotic intoxication;

and on circumstances that are seen as causes and conditions of drug

addiction, etc. The preventive influence on all these persons may take

three forms: persuasion, compulsion and stimulation.

The last two forms can only be applied if they are regulated by law.

Measures to Prevent Drug Abuse Unregulated by Law:

In terms of goals these measures can be divided into general social and

special ones. General social measures have to do with society's social and

economic development, the rise in cultural, educational and moral standards

of all citizens. The economic development measures aim to increase the

production of material benefits, as well as of intellectual output making

the nation richer and the living standards higher. Social measures are

apparent in rational distribution of funds in increase the government

provides for social needs. Cultural and educational measures aim to promote

the development of art, literature, science and education; they draw an

ever-greater number of people into this process and ensure that they gain

knowledge, know-how, and skills. Measures aiming to raise moral standards

are expressed in inculcating an awareness of the need to abide by the

social, particularly, legal, religious and other norms and rules of conduct

in society. All these measures are designed to prevent crimes and

violations, including drug-related crimes, and drug abuse particularly.

Special are those measures that prevent drug abuse as such, and crimes

related to it, including those recommended by the international

organizations and fora.

These are, for example, measures to promote a healthy way of life

without consumption of narcotics and censuring the harm caused by narcotics

and drug-related crimes. These measures are implemented by means of: 1)

education - lectures, presentations at schools and other training centers,

statements on the radio, television or press; 2) training law enforcement

officers and medical personnel in the techniques of combating narcotics and

drug-related crimes by creating special educational programs and setting up

special training centers; 3) treatment and rehabilitation of addicts; 4)

collection, analysis, summary, and transmission of information about

narcotics, particularly, about new areas of drug-bearing plants, and

methods of their production, illegal channels for their exportation, as

well as the methods for moving them, using different kinds of transport; 5)

preventing the sowing and the growing of drug-bearing plants by replacing

them with other crops and stimulating the farmers and providing them an all-

round assistance; 6) blocking the channels through which narcotics are

moved along; curbing the smuggling of drugs through the joint efforts of

customs and law-enforcement officers of neighboring countries specializing

in actions against narcotics; 7) supervising the fulfillment of anti-drug

laws regulating the sowing and growing of drug-bearing plants, drug

circulation, etc; 8) reducing the demand for drugs by preventing their

transfer from the legal to the illegal domain, including the use of a

"daily dosage method" which makes it possible to determine the correlation

between the quantity of drugs necessary for medical and research needs and

the volume of sale; 9) introduction of remote control devices to estimate

the scale of illegal cultivation of drug-bearing plants in remote places

and creating obstacles for laundering money and other property acquired as

a result of drug trafficking.

In terms of the time, frame measures against narcotics and drug-related

offenses can be divided into early warning, direct impact and

postpenitentiary prophylactic.

The early warning measures are expected to exert influence on persons,

who are not well-versed in drugs and their danger, and who are informed on

the subject but do not take drugs. The preventive influence on poorly

informed persons is made by disseminating knowledge. In this respect the

experience of the United States is worthy of attention and could be

borrowed by the Russian Federation. For as long as a quarter of a century,

preschool children, especially, the ones who attend day care centers have

been educated that any medicines, including drug-bearing ones are harmful

for their health, if they are taken without a doctor's prescription and the

knowledge of the exact dose. To achieve a more vivid effect an album for

coloring pictures featuring narcotics and health is used.

In Australia, there are centers for preventing drug abuse where school

students between 5 and 12 years old have 7 lessons a year forming a certain

attitude to narcotics, as well as an awareness of the danger of drug


The influence on persons who are aware of the harm of narcotics and do

not take drugs can be achieved by "tearing them away," so to speak, from

their surroundings where drugs may be used or are used already. This can be

accomplished by conversation with individuals, their families, and

colleagues living in similar environment.

Direct impact prophylactic measures are expected to influence persons

taking drugs, including drug addicts. This impact brings or may bring

positive results when medical treatment is combined with the social


Postpenitentiary measures should influence persons who have served

prison terms for drug-related offenses by continuous treatment of drug

addiction, securing the results of previous treatment, and neutralizing a

possible unfavorable influence of their immediate surroundings, finding

jobs and also forestalling the repetition of drug-related offenses.

International, National and Regional Measures:

In terms of their level, the measures to prevent drug abuse can be

divided into international, national and regional.

International measures are the ones, which are carried out on an

international scale. They include a number of earlier listed special

measures to prevent drug abuse. Apart from that, they also include measures

carried out by the international agencies and organizations, such as 1)

creation of programs to prevent the advancement of narcotics; 2) assistance

to countries in implementation of the conventions provisions; 3) providing

assistance in bringing national legislation in line with the conventions;

4) training officers specializing in actions against narcotics for law-

enforcement and other agencies of different countries; 5) supporting the

scientific development of laboratories in the members countries; 6)

providing financial, technical and other kinds of assistance to raise the

effectiveness of national efforts against drug abuse and ensure access to

the international system of information about narcotics. It should be noted

at this point that the Russian Federation adheres to the international

measures because it has joined the world legal effort aiming to combat


National measures to prevent drug abuse are the ones, which are carried

out on the entire territory of the Russian Federation. Regional measures

cover the territory of a region, city or district. Any of the mentioned

general or special measures against narcotics can be used on a national or

regional scale.

It should be stressed at this point, that the last few years have seen

a sharp decline in the effort of law-enforcement bodies, government

agencies and other organizations to prevent offenses, including drug abuse

and drug-related crimes. This state of affairs cannot help but arouse deep

concern. In this context the approval of the national program for combating

drug addiction in the Russian Federation is a necessary step towards

improving the work of preventing narcotics and drug-related crimes, along

with other offenses.

Chapter V. Organized Measures to Counteract Narcotics

Par. 1. General Provisions for Counteracting Narcotics

The multiplicity of drug abuse necessitates a joint combative effort

involving a large number of participants who have a broad spectrum of

powers and who will act simultaneously in different directions, performing

a variety of functions. The joining of anti-narcotism forces can be

achieved through a flexible system of measures against this deplorable

social phenomenon.

Organizing a System of Measures Against Narcotics:

The multifaceted nature of drug abuse necessitates forming a single

united front with many participants acting simultaneously in different

directions, performing various functions with a wide spectrum of measures.

This can be achieved by the mobile and flexible system of measures and

means. In terms of overcoming drug abuse, organization is a system of

measures to combat drug abuse and means of their implementation with regard

to the division of the spheres of activity, responsibilities and

hierarchical order.

Based on the social and economic reality, actions against narcotics

should comply with the national and international norms of law and with the

scientifically based principles of management. They should take account of

the new developments in medicine, pharmaceutics, psychology, psychiatry,

pedagogy, sociology, instrument building, and have substantial legislative,

material, informational, and research backing. They must have clear

parameters of time and space and, most importantly, professionally trained


At the same time, the anti-narcotics strategy must reflect the irksome

particularities and complicated nature of this phenomenon as it combines

two interrelated sides - that of illness and that of crime. This defines

our approach to drug abuse as a medical, as well as a social problem and it

determines what steps and means must be chosen.

Drug Abuse as an Object of Government Action:

Narcotics-related issues, including organizational ones, cannot be

isolated either from the social, economic, political, historical,

legislative, medical, and biological problems or from other social

pathologies that call for counteraction. The definition of drug abuse as a

phenomenon of multiple factors is not therefore accidental.

Therefore, efficient counteraction requires much organization and

precisely targeted moves.

Such a stance justifies the view of drug abuse as an object for state


This approach makes a broad analysis of the wide-ranging problems and

ways to solve them possible. Besides, drug abuse helps to define who the

subject (subjects) of influence are, its (their) condition and functioning,

the influence its (their) structure projects, as well as choice of goals

and function. These properties also define clear goals and a reasonable

choice of means to attain them as well as to ensure an overall realization.

Observing the fundamental properties of drug abuse, researchers call

upon us to be ready for new and unusual capability of this phenomenon to

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