Drug abuse: Tendencies and ways to overcome it
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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
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
Conferences:
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 rehabilitation.
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 required.
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.
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