Chapter II. System and Classification of Measures to Overcome Drug Abuse

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.

For example, a comprehensive inter-disciplinary action program to prevent the spread of drug addiction submitted for discussion at the international antidrug conference in Vienna in July 1987 contained more than 400 articles and recommendations to governments and organizations as to how this negative phenomenon should be overcome.

The UN international program for combating drugs for the years 1994 and 1995, 1995 and 1996 comprises 298 projects featuring various aspects, directions and measures for checking the spread of drugs. 216 out of them were carried through in 1994 and 1995 and the implementation of the remaining 82 projects is underway. The total dollar amount of resources mobilized for the fulfillment of these projects is estimated at US 484,397,800. The sum was allocated by the UN International Antidrug Program s Fund. The Concept of the Russian Federation government s policy on drug control, endorsed by decision No 5494 of the Supreme Soviet of the Russian Federation on July 22nd 1993, incorporates quite a few antidrug measures from those developed by the world community and registered by international conventions and in other documents.

This Concept emphasizes the measures that have been tested and are successfully utilized.

Since the system of measures against drug abuse is too complicated the discussion of its contents is related, firstly, to the general characterization of its components and, secondly, to the classification of these measures in their relation to each other. Basic Aspects of Measures to Overcome Drug Abuse The measures against drug abuse have some social, legal, criminological, medical, biological, political, economic, ecological, organizational and international aspects.

Although these aspects have different spheres of application, they still remain interrelated. For example, measures for curing drug addicts have medical, social and legal aspects to them measures for combating drug-related crimes have legal, criminological, social and other aspects measures for combating money laundering have legal, social, economic, international and other aspects and so on. So, each particular aspect can be discussed only in abstract terms. This approach to the definition and description of aspects makes it possible to give a full characterization of the system of measures against drug abuse.

Social Dimension The social dimension is the cornerstone of all other aspects. All the antidrug measures are permeated with it. There is a correlation between the social aspect and each of the other aspects. It is either a general element in relation to something specific such as medical measures, or the whole of something, which represents a part such as criminological measures. It can also be a content when the other represents a form, as in legal measures.

In short, the social aspect can be regarded as a common for all antidrug measures. Additionally there are legal measures for making those involved in drug-related crimes answerable for their actions and for intensifying the customs control over the shipment of drugs across borders. Legal Dimension The legal aspect of the measures under consideration can be seen as a totality of legal norms including international conventions against drugs and determining the degree of a judicial responsibility for them, mainly, criminal and administrative secondly, regulating various legal relationships arising from drug use, thirdly, ensuring a compulsory treatment for drug addicts who try to avoid it and, fourthly, referring to these or other substances as narcotics.

Criminological Dimension The criminological aspect comprises measures aiming to overcome narco-crime, as a totality of drug-related crimes.

These measures aim to study, analyze and sum up the structure and dynamics of these crimes and their latency. In addition, they aim to establish the causal complex of the given crime and determine the content, nature and direction of actions aimed at removing or neutralizing the causes conducive to the commitment of drug-related crimes. Thirdly, they aim to disclose and fix typical features, traits and qualities of an individual guilty of committing this or that crime.

Lastly, they aim to develop methods for preventing drug-related crimes. Medical Dimension The medical biological aspect involves the improvement of narcological aid and methods for curing drug addicts, the need to increase the level of professional medical training for those engaged in treating addicts and persons taking drugs without a doctor s prescription and the development of new medicines and medical equipment for treating addicts. Political Dimension The political aspect involves combating narco-business, which tries to undermine the foundations of state power, weaken the entire machinery of state and diminish the nation s trust in the government.

Some juridical works make it a point that organized crime opposes legal actions of top government bodies not only by committing crimes but also by bending administration officials to the will of criminal associations so that they could protect criminal activities. The resistance of narco-business to government lawful actions can result in attempts to undermine the foundations of state and in the re-orientation and distortion of any country s policy.

So, central to the political aspect of measures against narco-business is blocking the influence of drug dealers on the national policy by barring nomination of corrupt officials to key posts in the government. Economic Dimension There are two facets- retrospective and perspective of the economic aspect of measures against drug abuse. The retrospective facet, on the one hand, involves direct expenses of the state to combat narcotics, and, on the other, the lost benefits to citizens as a result of the spread of drug addiction.

Direct expenses include sizeable resources taken out from the state budget to set up and maintain various medical and educational centers for handicapped children, including those who inherited health problems from their parents suffering from drug addiction. In addition this includes expenses to support internal affairs agencies, customs officers engaged in combating the proliferation of drugs, production of special equipment for identifying drugs, as well as production of medicines for drug users.

Finally, the direct expenses are used to promote international cooperation in joint antidrug actions with the United Nations Organization, Interpol and other international agencies and carry out research in the field of medicine, psychiatry, psychology and law, and to conduct an antidrug education.

The cost to society is revealed in an increase in the number of physically handicapped and mentally retarded people, victims of narcotics. In the long run this leads to a curtailment of society s physical and intellectual potential as a whole, such as lower standards in education and labor productivity. This, in turn, causes a reduction in the amount of material and other benefits produced by society and of resources for various government-run programs. There is also an increase in the number of cases of accidents in industry and, as a consequence the increasing failure to meet the output targets.

It is therefore essential to develop economic levers to oppose narco-business, including the money laundering. This has been poorly done so far, as no economic measures for combating narcotics have been developed and applied in practice. These tasks require an independent study by economists and lawyers. Ecological Dimension The ecological dimension of measures against drug abuse is linked to the legal regulation that puts restrictions on the preservation and dissemination of drug-bearing plants.

This amounts to a ban on their cultivation and destruction of the fields without any damage to the environment. The cultivation of such plants is expected to be limited to specially allotted areas where drug-bearing plants can be sown for medical purposes only. International Dimention The international dimention of measures against drug abuse is manifested in various legislative, and law enforcement measures at the international level.

In sum, this system of measures covers a totality of numerous, diverse, complementary and carefully outlined programs that have social, legal, criminological, medical, economic, ecological, organizational and international dimensions. Par. 2. Classification of Measures to Overcome Drug Abuse The essence of the system of measures to overcome drug abuse can be understood by their classification in view of the diversity of these measures.

By establishing their different categories and distributing them into various groups, this classification would make it possible to give each measure its own niche, to define its boundaries and its relationship to other measures. This classification makes it possible to determine the degree of each measure s significance and its priority in terms of its practical implementation. It is important to group them by contents, form, level, subject of application, and type. As for legal measures, they should be grouped in accordance with different branches of law. The Content of Measures to Overcome Drug Abuse The measures to overcome drug abuse carried out by the UN Commission on Drugs of the UN Economic and Social Council, by the UN International Committee on Drug Control and by other international agencies can be grouped into the following categories analytical, organizational, training and educational, research, technical, medical, economic, financial, international law, preventive, monitoring, legislative, and criminal. Analytical component is needed in order to be able to make use of a complex system of collecting and assessing data about drug abuse, to evaluate the extent of the illegal use of drugs in different countries worldwide, and to make data available on the seizure of large quantities of narcotics to interested parties.

Organizational component of measures is aimed at setting up international agencies to control drugs and to combat drug trade assisting countries in developing national policies on such control supporting projects, promoting national law enforcement agencies defining direction of programs and ensuring the organizational backing of such programs estimating the amount of illegal cultivation of drug-bearing plants in areas difficult and dangerous to access.

Governmental measures should include adoption and fulfillment of national programs to overcome drug abuse by forming special law-enforcement, medical and other institutions, as well as special services and squads to combat drug trade taking stock of lands used to cultivate drug-bearing plants arranging control over the production, storage, consumption, an shipments of drugs, especially across national borders, as well as over the actions for pharmaceutical and medical centers.

The training and educational component includes educating specialists in law-enforcement agencies, mass media, narcological centers, and social services. The research component aims to define and analyze data on drug abuse, to work out recommendations for overcoming it, to set up and run special research labs, and to find new ways of ending drug addiction.

The technical component includes identifying drugs, designing equipment for special labs, developing remote control devices to spot fields of drug-bearing crops.

The medical component of measures is to promote a system of rehabilitative treatment for drug users to choose appropriate curative programs and work on methods to reduce the spread of infectious diseases among drug users.

The economic component consists chiefly in funding various programs and projects, combating drug abuse, supporting programs reducing demand for drugs and their supply, encouraging and supporting populations which had switched to cultivating farm crops on territories where drug-bearing plants had been grown previously. The financial component involves measures against money laundering. Financial operations by drug moguls aimed at making their earnings legal are the most vulnerable part for the criminals.

In view of this, the Committee for Banking Rules and Banking Supervision issued a statement on December 12th, 1988 that calls for preventing criminal uses of the banking system for laundering cash obtained from drug trafficking. It requires that the international banking community use extreme discretion while identifying clients. The statement also calls for more cooperation with judicial systems and police institutions in halting the legalization of cash from drug trafficking.

Many countries have accepted that the principles contained in this statement are applicable to the operation of their own financial systems. In keeping with a decision of the G Seven countries and of the European Commission Chairman at the 15th economic summit in Paris in July 1989, a special operational group on financial issues was started. It produced 40 recommendations made public in February 1990. It also analyzed world financial flows, banking and financial systems and methods for laundering cash. The group found some weak spots and undertook a number of other steps.

All the countries, who are members of this group and in keeping with its recommendations some other countries declared that they viewed participation in laundering cash as a criminal act and started special services to investigate leads on shady deals reported by subunits of the financial system.

At the recommendation of the special operational group on finances, the UN International Committee on Drug Control called on all governments to pass and effectively use appropriate legislative acts to stop money laundering, to confiscate the property of drug dealers, and to consider a possibility of lifting the burden of proving the legitimacy of supposed incomes or of other property subject to confiscation under par. 7 of Article 5 of the 1988 Convention even if this may require legal or constitutional amendments.

Among the international law components of measures are those calling for reciprocal legal support of countries working to combat drug trafficking. It is essential to make extradition easier, to strengthen international cooperation against illegal drug trafficking, as well as to promote the international system of control over medicinal drugs and psychotropes. The preventive measures are comprised of destroying illegal plantations of drug-bearing crops preventing a transfer of drugs and of their components from the legal sphere to the illegal one curbing illegal drug trafficking reducing the demand for drugs preventing the use of narcotics, particularly, in places of employment, eliminating the addicts pads, illegal labs where narcotics are made and stores which sell them promoting social rehabilitation of drug addicts and encouraging education campaigns against drugs.

The control component of measures envisages supervision over the following areas the growing of drug-bearing plants, to rule out a leakage of the legitimately grown plants illegal sowing and raising production of narcotics, their acquisition, storage, stocking and dispensing commercial trade turnover in special equipment used for producing drugs, as well as in raw materials semi-finished products, chemicals and narcotic analogies international parcel post deliveries as a vehicle for sending narcotics ships sailing on the high seas and planes flying in international space transit through customs ports approaches to land, sea and air borders and deliveries of drugs for treatments at hospitals.

The most important law-making measure is that of bringing national legislation in line with international conventions on narco-business.

The common criminal measures are those applied in every country, as criminal responsibility for illegal drug trafficking, sowing and raising drug-bearing plants as well as for other socially dangerous actions related to drugs.

These measures cover both punishments for the above-listed crimes and also confiscation of tools and of income earned from the illegal drug trafficking. Other measures include improving judiciary and legal systems such as law-enforcement bodies, courts of law, penitentiary and post penitentiary programs, customs and education. Forms of Measures to Overcome Drug Abuse The classification of measures to overcome drug abuse can be subdivided into two groups those having legal form and those that do not, i.e. those which are regulated and unregulated by the law accordingly.

Measures to Overcome Drug Abuse Regulated by the Law The legal measures against drug abuse include compulsory educational compulsory medical preventive- repressive repressive those ensuring active participation of citizens in combating crimes, in preventing and curbing them as well as procedural and organizational managerial. The compulsory medical, preventive repressive and repressive measures are those aimed at suppressing drug abuse and the compulsory educational-at preventing it. Organizational managerial measures on the basis of administrative legal norms, determine in general terms, the status of curative educational and 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 organizations.

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 measures. 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 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.