Drug abuse: Tendencies and ways to overcome it
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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. 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:
General acts of international law lay the legal foundation for cooperation
among nations, in actions against international crimes and crimes of
international character, the dissemination of narcotics among others. One
of these acts is the UN Charter. Its Preamble urges all UN members to join
in a common effort to maintain international peace and security. The UN
Charter stresses the need to use international machinery for promoting the
nations' economic and social progress and sets the goal "to practice
international cooperation in resolving international problems of economic, social, cultural and humanitarian nature and in encouraging and promoting
respect for human rights and basic freedoms for all regardless of race, sex, language and religion"
The UN Charter (part 2 art. 2) also calls on nations to strictly and unswervingly observe international commitments that they have taken upon themselves voluntarily and among them, as the Preamble points out, to the commitments stemming from treaties, agreements and other sources of international law.
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