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Drug abuse: Tendencies and ways to overcome it

Drug abuse: Tendencies and ways to overcome it




1. Introduction


Chapter 1. Concept, Manifestations and Tendencies of

Drug Abuse


2. The Concept and Manifestation of Drug Abuse 4-


3. Tendencies of Development


Chapter II. System and Classification of Measures to Overcome

Drug Abuse


4. System of Measures to Overcome Drug Abuse 14-


5. Classification of Measures to Overcome Drug Abuse 17-22

Chapter III. Drug Abuse in the International Law 22-38

6. International Fora and Legal Acts on Drugs


7. Tendencies in the World Community's Reaction to Drug Abuse. 34-37

Chapter IV. Measures to Suppress and Prevent Drug Abuse 37-40

Chapter V. Organized Measures to Counteract Narcotics 40-57

8. General Provisions for Counteracting Narcotics


9. Organization of Medical Counteraction to Narcotics 45-


10. Enforcement of Legal Measures of Narcotics Counteraction 50-53

11. Other Organizational Measures to Combat Narcotics 53-57

12. Conclusion



The 20th century has witnessed the spread of narcotics to the entire

world. In the past narcotics in the natural economy were confined to

territories where drug-bearing plants were grown. By the end of century

drug addiction has become a worldwide socially dangerous trend.

Narco-dealers making fabulous profits infect more and more people and

even entire social groups with drug addiction. Narcotics have long since

gone beyond the borders of traditional drug-producing areas and have

infiltrated all the countries of the world, exerting its malicious effect

on their peoples. It has affected social, economic, political and

biological aspects of life.

Statistics is constantly reporting the spread of drug addiction and the

growth in the number of drug addicts on file at medical institutions, as

well as the rise in officially recorded drug-related crimes.

Drug abuse has become a real plague of the 20th century in many

countries of the world and may become the plague of this country in


The pleasurable sensations of comfort and satisfaction that a person

experiences using narcotics is much greater than that of alcohol thus

making the repetition necessary. Consequently, dependence on drugs and the

desire to enlarge the dose or experiment with the new and more powerful

drugs increases. Gradually the desire for dope becomes so overwhelming that

it degrades the addict's individuality. The transition from experimentation

to dependence is no longer a secret for it has been studied thoroughly.

Profit seeking dealers expand the drug market at any cost by supplying

drugs to more and more addicts taking advantage of their weaknesses.

Drug sales are the closing stage in drug trafficking. Drug trade earns

huge profits that cover the costs of cultivating drug-bearing plants,

producing (or illegally acquiring from medical institutions)

transportation, sale expenses, and the bribery of officials, including

those of the law enforcement agencies. Since illegal drug trafficking is

extremely advantageous in terms of illegal profit accumulation and so

harmful and immoral it must be regarded by the entire world community as a

socially dangerous phenomenon. Some countries qualify its certain

manifestations as a heinous crime.

Throughout this century international organizations have been paying

much attention to actions against drug abuse. For example, in 1909 the

Shanghai Opium Commission approved documents to restrict drug trafficking

between countries. The international opium conference held in the Hague

between 1911 and 1912 worked out, for the first time in history, the drug

convention of 1912. The conference on opium held in Geneva between 1924 and

1925 approved, on February 11, 1925, an Agreement under which opium was

made a government monopoly. The second Geneva conference on opium passed a

convention on February 19, 1925, under which narcotics were to be produced

only for the purpose of meeting the countries' legal demand for them.

Besides this convention stipulated the extension of the list of drugs. On

July 13, 1931, an international convention limiting the production of drugs

and regulating their distribution was approved in Geneva. It came into

force in 1933. A convention of actions against the illegal trade in hard

drugs was signed in Geneva on June 26, 1936. It made international

prosecution for drug-related crimes possible and introduced punishments for

such crimes compared with the previous conventions.

In 1946, the UN Economic and Social Council passed a resolution that

provided for the international drug control and for the establishment of a

drug commission for this purpose. On November, 19 1946, the UN General

Assembly passed resolution 54/1 which endorsed a Protocol on Drugs. It was

signed at Lake Success on December 11, 1946. At the initiative of the Drug

Commission, a protocol extending the international control over drugs set

forth by the 1931 convention, was signed at the third UN General Assembly

session in Paris on November 19, 1948. A Protocol on Control over opium

poppy, consisting of the Preamble and the Final Act, was signed in New York

at the UN opium conference on June 23, 1953. The UN conference in New York

in 1961 approved a Uniform Drug Convention and in 1971 in Vienna a special

diplomatic conference passed a convention that stipulated the establishment

of a control over psychotropic preparations. The UN conference in Vienna in

1988 adopted a convention of actions against the illegal trafficking of

drugs and psychotropic substances. In keeping with the decisions of the G

Seven heads of state and governments and of the European Commission

Chairman, the 15th top-level economic summit in Paris set up a special

group in July 1989 to deal with the laundering of drug money. Upon this

group's recommendations, the International Drug Control Council called on

all the governments to approve, among other things, legislative acts

against attempts to launder money obtained from drug sales and to ensure

their effective use. The list of international antidrug conferences and

their drug-prevention documents alone, as well as the establishment of

special international bodies and organizations to carry out their

decisions, is a graphic illustration of how serious the world community's

effort to oppose drug abuse has been.

A lot of people today are drawn into the process of illegal drug

trafficking: from those engaged in cultivating drugs or producing medical

preparations containing drugs, to drug salesmen and dealers engaged in

money-laundering. At times these people form groups, which are termed,

organized criminal groups or associations by the criminal code. On the one

hand, these groups take control of drug-related crimes and draw people who

commit such crimes on their own. And on the other hand, they establish firm

organizational ties among themselves forming drug cartels in order to

monopolize drug trafficking in the vast regions of the world. This shows

that there is a continuous blending process between narcotics and organized

crime. These factors characterize the highest degree of danger that

narcotics represent. They prove the pressing need to increase worldwide

action against narcotics. This action calls for the use of all possible

means: political, legal, economic, and medical among others.

The antidrug campaign is a big drain on the material resources of the

country. It involves large spending on various programs such as preventive

Medicare, law-enforcement, legal and economic measures, and other. If this

spending is to be rational and effective, a range of measures should be

outlined with the utmost precision and professionally implemented.

All this calls for a comprehensive analysis of the existing situation

and of the possible opposition by drug dealers. As the owners of enormous

wealth, which sometimes exceeds the budgets of some countries, drug dealers

are able to influence government policies, especially in small countries.

Mainly bribing top government officials in the legislative or the executive

branches ensures this influence. As a result, criminals get a chance to

interfere in law making from the outset. The bribery of the law enforcement

officers and of the officers of the court, among others, makes it possible

to cover up drug deals, prevent exposed members of the criminal

associations involved in these deals from prosecution or substantially

curtail their prison terms.

Unlike the United States and other wealthy countries, smaller nations

are in no position to allocate sufficient sums from their budgets to carry

out effective antidrug projects. Research-based guidance may to a certain

extent make up for the lack of necessary funding. And here government-

supported antidrug programs may play an essential role.

The study of drug abuse has always been prominent in the study of law.

Many booklets, articles, serious textbooks, and monographs are devoted to

narcotics. It is as hard to cover all aspects of the problem, even in the

most profound study, as it is to establish absolute truth, especially,

since reality keeps creating new problems all the time.

The key solution lies in the need to pool international efforts in

eradicating drug addiction and narco-business. In the present-day world

with its integration processes it is impossible to do away with drug

addiction in any one country. Yet there is no way for the world community

to regard itself free from the problem even at a time when drugs will be a

peril only in one particular country. An intensive and continuous buildup

of the world community's joint effort against narcotics is a top priority

objective of the world at large.

Chapter 1. Concept, Manifestations and Tendencies of Drug Abuse

1. The Concept and Manifestation of Drug Abuse

Sociologists, lawyers and medical experts single out three basic

aspects of drug abuse: social, legal and medical.

These aspects are interconnected and interdependent and reveal the

diverse nature of drug abuse. Moreover one can also point out the

criminological, economic and ecological aspects.

To highlight the entire multiplicity of this phenomenon, it is

necessary to go beyond the widespread notion of "drug addiction" because

strictly speaking it applies only to the medical or biological aspects of

drug use being viewed exclusively as a disease without covering social,

legal and some other aspects. This is why the notion "drug abuse" rather

than "drug addiction" is used in juridical literature as a much wider term

covering social, legal and other aspects. So, drug abuse is understood as a

"social phenomenon" which combines such illegal actions as willful

consumption of narcotics, dealing in narcotics illegally, as well as

solicitation to use drugs, creating the conditions for becoming a part of

illegal drug trafficking.

This definition is acceptable on the whole and may be used as a basis

for describing the phenomenon, yet it fails to cover the biological aspect

and insufficiently expresses the economic, legal and criminological


There is a need for a term that would cover all the aspects of this

negative phenomenon, and of the ways of combating it.

Social Aspects of Drug Abuse:

Most concisely, the social aspect of drug abuse can be described as a

combination of social behaviors linked to narcotics and their social

consequences in the form of damage that has been done and can be done to


The actual negative social manifestations of drug abuse are expressed

in various drug-related actions: cultivation of drug bearing plants,

preparation, acquisition, storage, sale and consumption of narcotics, as

well as persuasion to use narcotics.

Negative Social Consequences of Drug Abuse:

The negative social consequences of drug abuse are similar to the

social consequences of crime. They amount to "real harm caused by crime to

social relationships and expressed in the cause-and-effect combination of

criminal behavior and in the direct and indirect, immediate and mediate

negative changes (damage, losses, and other ill effects), ultimately

affecting the social (economic, moral, legal, etc.) Values and also

implying the combination of society's economic and other social hazards

attributed to the effort to combat and to socially prevent crime.

Proceeding from this definition it is possible to recognize the

negative social consequences of drug abuse. The first is the negative

social changes, such as harm to people's health, the destruction of family

foundations, and a decline in work efficiency. The second is the cost which

society has to pay to overcome these changes. Other changes also include

refusal to work, various antisocial actions, and crime. A closer look at

these negative changes shows that drug addicts are poor workers because of

their ill health, which, in general, makes work impossible for them during

spells of abstinence. Their entire range of interests and thoughts lies in

the desire to find ways of obtaining drugs. The list of negative changes

also includes material damage perpetrated by the drug addicts who are often

the source of transportation accidents and accidents in industry. For

example, 60 billion dollars worth of damage is done annually in the United

States alone. There is also the moral damage resulting from the various

unlawful actions motivated by the desire to find means for buying drugs,

such as the willingness to commit crime for the sake of meeting that

desire. Forgery, embezzlement, abuse of authority and office duties is just

a few. Drug addicts create unbearable conditions for their families by

denying them normal lifestyles and means of existence. They harm their

offspring by upsetting the hereditary stock. Drug addicts undergo physical

and moral degradation and die early. They destroy their own basic moral and

ethical values.

The Committee of Experts of the World Health Organization determines

the social danger and negative consequences of drug abuse according to the

basic factors and divides them into two main groups: the breach of

relations among drug consumers and the spread of unfavorable consequences

among many people.

Specific Social Problems of Drug Abuse:

WHO experts describe the specific social problems caused by drug abuse

as follows: the huge material losses and their consequences in the form of

all kinds of damage done to those who immediately surround drug consumers

(parents, college roommates and so on) and to the society as a whole; the

deterioration of relations with official organizations and institutions,

staff at college and at work etc.; drug consumers' inclination to commit

crimes motivated by the need to have drugs or the means to buy them, and

also the mercenary and violent crimes committed under the influence of

drugs; the additional demand for welfare benefits and medical care for

persons using drugs other than for medicinal purposes and in connection

with this the unnoticed spending both by drug addicts and by society as a

whole; the danger arising from drug addicts as potential conduct of drug

addiction in their immediate surroundings.

Detailed research however allows for a broader list of specific social

aspects. They include: ideological and cultural, law enforcement, medical

care and preventative medicine, labor and education, family and leisure

time, and material resources. The specific ill effects of narcotics and

their unfavorable social consequences can be seen in any of the categories

listed above. For example, in the ideological and cultural area they

express themselves in the development of a specific drug ideology; in the

law enforcement area there is an increase of crime. In Medicare and

preventive medicine, there is deterioration in people's health and an

increase in the number of handicapped children. In industry and education -

a decline in labor efficiency and poor results at schools and other

educational centers is evident. One can also point to accidents and to

deterioration of relations among staff. In the family relations, a loss of

understanding occurs. All this requires setting up special schools,

preventive centers, drug departments at medical institutions,

rehabilitation centers and new antidrug programs.

To sum up the above-cited social aspects of drug abuse one may state,

that it is harmful in physical, moral and proprietary ways. This harm is

caused by the proliferation of the narcotic sub-culture as it draws more

victims into it; secondly, by drug-related crimes; thirdly, by crimes

committed for the purpose of getting means for buying more drugs; fourthly,

by crimes committed under the influence of drugs; and, finally, by the

spending needed to carry out various programs aimed at eliminating drug


Legal Aspect of Drug Abuse:

The legal aspect of drug abuse is also a part of the social aspect.

Crimes and other law-breaking acts covered by the totality of legal norms

involve the illegal cultivation of drug-bearing plants, the preparation,

storage, transportation, trafficking, sales, and theft of drugs, the use of

drugs without doctor's prescription, and the violation of laws regulating

the handling of narcotics. This also covers the situation when suitable

conditions are created for taking drugs and those in which more people are

persuaded to use drugs or when people have to commit crimes in order to

obtain means to buy drugs. Crimes committed under the influence of drugs,

as well as crimes that are committed for the purpose of getting money to

purchase drugs are included as well.

These crimes should be viewed as part of the notion of drug abuse since

they are caused by the desires of drug users to boost drug-inspired

activities or their level of intoxication. The legal aspect of drug abuse

also includes those relationships regulated by law and arising from the non-

medical use of drugs.

Criminological Aspect of Drug Abuse:

The criminological aspect of drug abuse includes a part of this

phenomenon that poses an extreme danger to the public, i.e. is linked to

the above-cited crimes, their state, level, structure, dynamics, cause-and-

effect, criminal's personality, and prevention measures, among others.

Economic Aspect of Drug Abuse:

The economic aspect of drug abuse is associated with its affect on

economy, such as large sums of money in possession of drug dealers, a

decline in labor productivity of drug addicts; an increase in spending on

law-enforcement engaged in combating drug-related crimes; and a drain on

national budgets due to preventive and rehabilitation measures to combat

drug addiction. Experts claim, for example, that in the former USSR, the

cost of illegal drug trafficking within the "narco-business-shadow economy"

amounted to billions of troubles.

Biological Aspect of Drug Abuse:

The biological aspect of drug abuse is associated with the notion that

it is "a disease manifested by a constant and insurmountable craving for

drugs (morphine, for example) causing euphoria in small doses and stupor in

large ones. The regular use of drugs arouses a desire to increase the dose.

The abstinence syndrome usually accompanies withdrawal.

Narcotics damage the internal organs of drug takers, destroy their

nervous systems, their state of mind, and bring about their social


Since drug addiction is a disease, there is a need to find a cure for

it. Hence, the need to have qualified medical personnel, special drug

rehabilitation centers and branches offices, effective medicines and

curative methods.

Ecological Aspect of Drug Abuse:

The ecological aspect of narcotics is associated, on the one hand, with

the natural existence of drug-bearing plants, and on the other, with their

man-made cultivation. These plants are a source of obtaining and preparing

narcotic substances. From the ecological point of view there is a need,

first, to do away with the spread of wild drug-bearing plants, and second,

to ban their man-made cultivation. The economic, biological and ecological

aspects are subjects for research by experts.

Drug-related Crimes:

It is possible to define drug abuse as a negative social phenomenon

touching upon the social, legal, criminological, economic, biological and

ecological areas accordingly. One part of the phenomenon is drug addiction,

as a disease, and other, embraces all the law-breaking actions related to

drugs: those carried out to secure means for purchasing drugs or those

committed under the influence of drugs. Such law-breaking actions cover the

use, preparation, purchase, storage, transportation, parcel mail, sale and

theft of narcotic substances; attempts to force other people to use drugs

and the creation of conditions conducive to such use; attempts to sow and

grow drug-bearing plants; attempts to violate the established rules

regulating the production, purchase, storage, control, sale, transportation

or parcel mail of narcotic substances; and, drug smuggling. The law-

breaking actions also cover various mercenary crimes (violent crime) that

are not drug-related but are committed in order to buy drugs subsequently

(theft, robbery, plunder, fraud, blackmail and others) and also violent

crimes committed under the influence of drugs (e.g., hooliganism against

individuals). This notion reflects the essence and the confines of the drug

use and serves as a guideline for determining its scale and developing

strategies against it. Yet the true scale of this phenomenon is obscured by

a high degree of latent drug-induced diseases and law-breaking drug-related


Narcotics and Crime:

The above-listed law-breaking actions are crimes proving an

interrelation between drug abuse and crime. Drugs and crime are not only

closely interrelated, but actually blend fully, and in fact, becomes what

is known, as narco-crime. But to merely establish this fact is not enough.

The danger drug-related crimes pose to the public surpasses the danger

coming from other crimes. Drug-related crime is largely interrelated with

various other kinds of crime and even merges with one of its most dangerous

varieties such as organized crime. This becomes clear studying the dynamics

of drug-related crimes. Central here are the drug users who represent a

consumer of narcotics, and the ultimate target of drug trafficking - the

sale of drugs. When people become dependent on drugs they concentrate all

their efforts on getting drugs at any cost. They engage in criminal

activities ranging from the cultivation of drug-bearing plants and the

preparation of "stuff", to its sale.

Tendencies of Development:

The number of drug users grows in direct proportion to the rise in

crimes committed under the influence of narcotics and, in the long run, to

the profits earned by the drug dealers. Hence, drug dealers seek to 1)

expand the drug sales; 2) increase the output of drugs or receive more of

them from medical and pharmaceutical centers; and, 3) further promote

criminal activities connected to drugs. The latter seems to ensure the

realization of the former. A high degree of organization paves the way for

expanding drug sales, increasing the output and boosting drug trafficking.

Expanding Drug Sales:

The expansion of drug sales is achieved by persuading more people to

take drugs. Drug dealers set up drug pads and stores where narcotics are

available. They try to advertise them in indirect ways. They make sure that

more powerful drugs are continuously being developed.

In order to increase drug output drug-bearing plants are grown on

remote plantations in regions with difficult access. Illegal shops and

laboratories for developing new types of narcotics are set up there. Funds

for increasing drug output are raised by blackmailing or bribing public

officials. Drug-dealers practice violence, make threats against officials

and encourage theft of large amounts of drugs.

Boosting the Level of Organization of the Illegal Drug Trafficking

Business Methods to improve the level of organization include mergers of

criminal groups and associations, severe disciplinary measures within

criminal organizations, greater degree of cohesion among group members,

conspiratorial rules, and tougher actions against those who violate the

rules in such groups. Other methods are: increasing attempts to draw

government officials into criminal groups, taking control of persons

engaged in drug-related crimes on their own, centralizing finances and

monopolizing drug prices.

According to various studies there are quite a few syndicates and

cartels in the world that have divided drug trafficking regions among

themselves. Activities of these groups are guided by a clear-cut system of

criminal actions, such as promoting the sowing and cultivation of drug-

bearing plants, the production of narcotics, their wholesale purchase, and

the transportation and sales of drugs to consumers. Drug syndicates and

cartels, for whom drug trafficking is the main source of income, act under

the guise of legitimate companies, trying to come across as legal as

possible. They have airplanes, modern weapons and the newest technology in

their possession. Leaders of the criminal drug associations do their utmost

to oppose the actions of law enforcement agencies. With this purpose in

mind, they not only try to check police actions but make attempts,

successful at times, to infiltrate police ranks. Professional criminals

deploy defense measures that may prove to be so effective in challenging

the worthiness of surveillance of suspects and the bugging of their phones.

United into cartels and syndicates and organizationally divided into groups

and associations, drug- criminals are usually aware that they remain under

constant surveillance. To ensure their personal safety they resort, as a

rule, to various counter-surveillance measures, thus putting well-trained

police officers in a difficult position. Experience shows that criminal

groups usually keep the approaches to places where narcotics are turned

over under their own close watch.

Ways to Legalize Drug Profits:

Drug dealers seek not only to build up profits from drug trafficking

but to legalize them as well. To that end they engage in criminal

activities where by legal and illegal operations are inextricably

intertwined. The money earned from the trade in narcotics is invested into

legitimate businesses or in real estate. It may also be laundered in

financial transactions, such as, the purchase of shares and securities or

other newly invented and constantly perfected operations. The income thus

obtained allows drug dealers not only to pour more money into drug

trafficking or finance more drug-related crimes but also provides for a

legal coverage of drug trade, or for the participation in legal activities.

Speakers at the international seminar on combating organized crime in the

Russian city of Suzdal in 1992 held in accord with the resolution of the

45th session of the UN General Assembly, pointed out that "in the majority

of countries, organized crime developed along two directions: participating

in prohibited activities (property crimes, money laundering, illegal drug

trafficking, violation of hard currency transaction rules, intimidation,

prostitution, gambling, trade in weapons and antiques) and joining legal

business (directly or using such parasitical means as extortion. This

participation in legal economic activities is always bent for the use of

illegal competition methods and may have a greater economic impact compared

to the involvement in totally illegal kinds of activity). In short,

criminal methods are used in both cases leading to the situation in which

criminal elements form the majority of organized criminal formations.

Organized Narco-crime:

Typically, drug cartels and syndicates are highly organized. Present in

the organizations are: strict and precise distribution of functions; very

rigid hierarchies; internal discipline maintained by interest, authority

and force; stringent conspiracy; ramified networks of groups bound by firm

organizational ties; branches existing and functioning in various

countries; contacts with other criminal groups (counterfeiters, smugglers,

murderers etc.); the use of professional criminals; the

internationalization of group members; and, the use of violence to meet the

desired ends. To protect their huge profits and spheres of interest, the

subjects of narco-criminals stop at nothing and employ violent means, such

as the contract murders of their rivals and of law enforcement agents. The

money brought by the trade in drugs is often used to finance dangerous

crimes and acts of terrorism. It becomes a source, which finances

subversive activities of all kinds. Profits obtained from the drug trade

make it possible to finance large-scale armed operations against government

forces (like in Columbia or Mexico). Profit gained from the drug trade is

often compared with the profits earned by whole industries. The drug trade

is regarded as the world's second largest economy. All this enables drug

dealers not only to pay generously for the participation in crimes but also

to set up a common financial fund, a common bank, so to speak. Narco-money

is also used to exert influence on policy-making, particularly, by

nominating the associates of drug dealers to key posts in the economy and

politics or by bribing persons who already hold such posts and turning them

into supporters of the drugs trade. These financial investments are

reinforced by threats of violence against them or their close relatives

(wives, children or parents). This proves convincingly that narco-crime is

a well organized and well planned business incorporating the mutually inter-

related criminal activities of individuals, groups, associations,

syndicates and cartels with a division of mutually interrelated functions.

This is the reason to regard this kind of crime as a variety of organized

crime. Some researchers believe that drug profits are the economic

foundation of organized crime. This can be seen in comparison of elements

forming narco- and organized crimes. To get a clear understanding of the

elements of the latter it is necessary to look in retrospect at the history

of organized crime. While crime and drug addiction have been known to the

world for at least several centuries, the existence of organized crime has

been officially recognized quite recently, only in this century. Yet both

national and foreign researchers date the origin of this phenomenon, in one

way or another, to a much earlier period.

Various stable criminal organizations used to appear and operate on

territories of almost all modern states. Gangs of brigands and smugglers

were at work not only on land but also at sea (sea pirates). They had in

their possession caches of weapons, stocks of gold and food and, sometimes,

entire fleets of pirate boats furnished with everything necessary for an

attack and ready to go into combat with regular troops or ships. They

thereby challenged borders and laws. Already at that time members of such

gangs observed their own internal rules and traditions strictly, contrary

to the ones obligatory in society. Among them there was the principle of

mutual help, the recognition of the leaders' authority, the distribution of

duties and spoils, as well as a system of reward and punishment. Gangsters

knew exactly the kind of work they were responsible for and also knew their

zones of influence (slave trade, cattle stealing, smuggling arms,

narcotics, gold, diamonds, etc). They talked their own language and stuck

to other conspiratorial rules. Taking hostages and bribing officials were

their usual practices, very much like the actions of the present day

organized crime groups.

With the passing of time, of course, these organizations kept

transforming and modernizing, adjusting to changes of state borders,

governments and economies. They were turning more and more into organized

criminal associations that posed a serious threat to public safety, to the

supremacy of the law and to other state institutions. As researchers point

out, a particular danger of organized crime is that it becomes more and

more arrogant, aggressive, ingenious and diverse. In the 1980s, organized

crime became increasingly apparent throughout the world.

Forms of Organized Crime:

Along with traditional forms of organized crime, new forms, more

diverse and greater in scale, have appeared, such as the theft and re-sale

of luxury cars, electronic equipment, historical and cultural art objects,

antiques, icons and church plate. Other forms include the illegal trade in

human being, weapons and ammunition, strategic raw materials, non-ferrous

and rare metals, drugs counterfeiting, theft and forgery of credit cards,

gambling, and infiltration of legal business and world finance. An analysis

of documents issued by the UN Information Center proves that the influence

of various forms of organized crime spreads far beyond national borders and

"transnationalize crime", so to speak. This creates a situation which

"differs, both qualitatively and quantitatively, from the situation in the

past and hampers the accomplishment of effective measures aiming to prevent

and eliminate crime. Experts believe that the evolution of organized crime

should be seen as "a process providing for a rational reorganization on the

international basis of criminal enterprises using the same patterns just as

it is the case for legal enterprises." This process reflects tendencies for

forming a more intricate organizational structure typical of the modern

society in all countries. This explains why the UN Secretary General

pointed out in his speech at the 47th General Assembly session on September

28, 1992, that it was imperative to promote international cooperation and

develop practical steps against organized crime in view of its negative

impact on various areas of society's social, political and economic life.

Though extremely topical, problems of organized crime have not yet been

resolved properly by juridical theory and practice. Suffice it to say that

there are still some countries where no laws on organized crime have yet

been passed. There is no uniform approach to the concept of organized crime

at the legislative level. The attributes and signs of this phenomenon have

not yet been finalized. No attempts have yet been made to develop a

comprehensive program of action against it. There are few statistics or

official data on organized crime as a whole.

For example, in the former USSR the first official mention of organized

crime made at the government level was on December 2, 1989, when the

decision to step up the effort against organized crime was passed by the

2nd Congress of People's Deputies. However, no laws regarding organized

crime have been adopted. This could not help but leave its imprint on the

practical activities of law enforcement agencies in the former Union

republics. There was no solid theoretical discussion of the concept of

organized crime, as the scarce publications of the last few years could

hardly give a complete picture of this problem.

Some published works, however, contain a number of definitions of

organized crime. Some authors point to the following basic features.

Criminal groups based on hierarchical order consolidate within the borders

of one particular region or a country; their leaders take no part in crimes

but only perform organizational, managerial and ideological functions.

Government officials, including law enforcement officers, become corrupt

and join criminal activities providing safety to the members of criminal

associations. This association has a tendency to monopolize and expand the

spheres of illegal activities, and to protect leaders from bearing any

responsibility. Another group of authors believe that organized crime is a

system of contacts forming naturally in the criminal surroundings which

lead to the concentration and monopolization of certain kinds of criminal

activities. Diversified ties between groups engaged in criminal activities

are characteristic of this system.

About the Concept of Organized Crime:

Organized crime represents the consolidated criminal associations with

their own norms of behavior, hierarchical ladders and finances, it is the

most dangerous kind of crime that opposes and counteracts the lawful

actions of the state. This definition also embraces the totality of

mercenary and economic crimes committed with the help of corrupt government

officials, and law enforcement agents among them, who yielded to bribery

and other forms of corruption.

Organized Crime in Foreign Legislation:

In this context it is interesting to look at foreign experience in

dealing with organized crime, particularly, in the field of legislation.

The Italian criminal code states, for example, (article 416-2) that "the

association of a mafia kind is ranked as a criminal one when its members

practice the removal and intimidation of other persons in order to ensure a

cover-up and observe the law of silence and thus make it possible to commit

crimes, and win, directly or indirectly, posts allowing the management or

control of business activities, the distribution of concessions and permits

of all kinds, the signing of contracts, and communal services, as well as

making illegal profits or securing illegal privileges for themselves and

other persons." The American approach seems to be slightly different. While

the Italian Criminal Code lists features of organized crime, American

Federal Legislation (USC-par. 3781), though naming certain features of

organized crime, attributes concrete actions to it, namely, "unlawful

activities by members of a well-organized and disciplined association

supplying illegal commodities and offering illegal services, which include

but are not limited to, gambling, prostitution, usury, the spread of

narcotics, racket and other unlawful actions by such organizations."

Organized crime has broad opportunities for carrying out unlawful deeds but

the choice of these opportunities is mainly determined by the level of

expected profit, the minimum degree of possible risk of being caught and

exposed and the absence of concrete victims. It is this particular factor

that comes to the foreground in crimes related to narcotics whose users are

not interested in reporting to the police. The specific choice of a

"specialization" for this or another criminal group is a factor

guaranteeing it, to a large degree, a high level of conspiracy and a free

hand in committing crimes. Along with the previously mentioned

"specialization" of criminal associations there also exists what is termed

as an "internal specialization", i.e. the division of labor among criminal

association members.

Organized Crime and Drug Related Crime: Features in Common:

These features include:

- clearly defined organizational and managerial structures with a

hierarchy which ensures the protection of leaders from punishment since

their actions usually remain outside the confines of the criminal code;

- uniform norms of behavior and responsibility;

- planned unlawful activities and common goals aimed at making large


- a system aiming to neutralize all forms of legal control and

development of counter measures;

- common finances invested in various areas of criminal activities,

which are used for bribing the necessary people, providing material support

to members of criminal associations and financing crimes;

- monopolization and expansion of areas of criminal activity,

cooperation between criminal associations in various branches of a national

economy, the introduction of commodities and services to the black market,

exploitation of women through pornography, and prostitution;

- the use of legal methods to launder drug money.

In sum narcotics are a negative social phenomenon posing an extreme

danger to society. This danger is expressed in such ill-effects as the

destruction of people's health as a result of drug addiction, drug-related

crimes, the totality of which forms an independent crime branch (narco-

crime), and the ability to turn the most dangerous and well-organized part

of narco-crime into a variety of organized crime.

Par. 2. Tendencies of Development

Some tendencies of development can be traced by using the statistical

method, whereas others, which are not clearly evident, can be discovered by

sociological studies, expert evaluations, interviews, studies of documents

or by content analysis of mass media publications.

The Structure of Narco-crime:

In the structure of narco-crime, the predominant criminal actions are

the illegal preparation, acquisition, storage, transportation and

dissemination of narcotics by mail. The percentage of such crimes is high

and is increasing all the time. It varies between 87 and 96%. Actions not

with the intent to sell constitute an overwhelming share (from 96 to 99%).

On the one hand, this fact gives reason to assume that the actions

listed above were taken to obtain narcotics for personal use. On the other,

a conclusion can be drawn that the main efforts against the spread of

illegal drug trafficking "have actually shifted towards intensifying

repressive measures against drug users.

However, illegal activity with drugs and their deliberate sale is much

more intensive. But for various reasons, both objective and subjective,

these fall under a different legal assessment. A major factor is that it is

difficult to prove that there was an intent to sell. This is compounded by

subjective views of "intent to sell" in special situations and the absence

of a clear-cut stand by the lawmakers. 93% of the polled narcotic officers

believe that proving "intent to sell" is difficult especially since this

question is of decisive importance in final judicial rulings.

Besides, 63% of the respondents charged with illegal drug operations

without the aim of selling drugs, admitted that they not only had such

intent but also had been engaged in these operations on a regular basis all

the way up until they were arrested.

It is interesting to note that in police seizures, drugs obtained from

natural plants have prevailed so far. (Nearly 9/10ths). Today the amount of

seized raw materials for making drugs is estimated in tens of tons and has

grown more than 5 times in the last few years. This is well above even the

over-estimated needs and norms of known addicts.

Specialized studies on the subject underline how difficult it is to

investigate and uncover the above-mentioned crimes because of "the

ingenuity of methods used to carry them out, attempts to conceal them and

also because criminal behavior is multifaceted.

One should also take into account the absence of well-conceived

methods, and the shortage of professionally trained personnel to uncover

and investigate such crimes, especially, in the present-day conditions when

there are political collisions caused by the Soviet Union's disintegration,

when there are "transparent" and ill-defined borders between the former

sovereign Soviet republics, when the internal affairs agencies are not well

equipped technically, and when the customs and border control services are


The Structure of Crime and Latency:

Among the registered crimes there are none related to violations within

the system of medical care of the rules of drug-making, drug acquisition,

storage, keeping stock of, dispensing, transporting or sending by mail, at

pharmaceutical factories or medical and bio industrial enterprises, etc.

The absence of information about drug-related crimes, however, does not

mean at all that there are no crimes present.

A study of the problem has shown that there is no reason to believe

narcotics are safely kept out of reach of addicts. This has been confirmed

by more than one-third of the polled officers of internal affairs agencies.

Every second drug taker who was forced to undergo treatment, did not deny

that he had received drugs from medical personnel. Similar cases of drug

acquisition were noted by over 10% of persons charged with drug-related

crimes, whereas 17% of people from the same group of drug abusers confessed

that they used to steal drugs from hospitals, small medical centers and

pharmacies. The share of other crimes in the structure of drug-related

crimes total is insignificant, though they play a rather negative role in

the spread of narcotics. For example, during one year, the crime of

solicitation to use drugs was recorded only once or twice and 3 or 8 times

the crimes involving the organization or running dens for addicts or

providing premises for that purpose.

All the same just over 98% of the polled people charged with drug abuse

and intent to sell drugs said they had persuaded 3 to 7 persons to start

using drugs. In more than 70% of such cases, a special effort was made to

invite potential "victims" to homes belonging to different persons. These

people received remuneration for granting premises especially arranged for

this purpose and where conditions were conducive for the use of narcotics.

Practically one out of every 4 persons charged with drug abuse but without

attempting to push drugs, admitted in talking to officials, that he had

persuaded at least 3 or 4 persons to use drugs treating them to narcotics

that he had bought or made for his own use.

What is more, 37% of the examined complaints and statements by citizens

addressed to various agencies, especially, those made directly to the local

police officers have remained unread, though they specifically mentioned

people who had turned their homes into drug pads.

Negative Tendencies:

All these facts highlight: 1) an increase of the degree in danger posed

to the public by drug-related crimes; 2) the appearance of new narcotics,

giving way to diversity of drugs; 3) increase in the number of people

involved in the use of narcotics through persuasion; 4) the rising level of

organization of such crimes; 5) the expanding boundaries of illegal drug

trafficking on the world- wide scale; 6) an increase in the number of

illegal labs used to make drugs; 7) the perfection of methods used for

selling drugs and an increase in the establishment of illegal and semi-

legal shops intended for selling drugs; 8) the rising number of cases of

illegal acquisition, including theft of narcotics from medical

institutions; 9) the increase in numbers of corrupt officials involved in

illegal drug trafficking; 10) the greater degree of masked laundering of

money; 12) and a higher degree of latency of drug-related crimes.

The danger to the public from drug-related crimes is manifested by an

increase of crimes committed for the sake of selling drugs, and, second, by

the total quantity of narcotics in circulation.

The appearance new drug substances and the corresponding rise in

variety of drugs is reflected in the constant growth of the List of

Narcotics (narcotic substances and drug medicines both synthetic and

natural) produced by the UN International Drug Control Committee.

The spreading of the cultivation of drug-bearing plants in places,

which are, difficult to physically access is confirmed by the discovery of

plantations sown with such plants in various regions of the world. These

discoveries have been made with the help of space and aerial photography.

The fact that the ever-larger number of people use narcotics is

manifested in the rising figure of medical patients using drugs and

recreational drug users. The growing number of drug patients is registered

by statistics and the rise in numbers of recreational drug users is evident

from opinion polls among experts (medics at outpatient clinics for addicts

and law enforcement officers who specialize in combating drug-related


The greater degree of organization in drug-related crimes is manifested

by the growth of criminal groups and associations, in the setting up of

syndicates and cartels, in the toughening of discipline within syndicates

and cartels and in the rising cohesion of their members and the

coordination of their actions. Tougher methods of pressure are exerted on

members violating the rules of conduct within groups. Criminal groups,

associations, syndicates, and cartels are also placed under control along

with the people who commit drug related crimes on their own.

The expanding boundaries of illegal drug trafficking on the

international scale are evident in the fact that drugs are smuggled into

practically all the countries of the world. This smuggling includes

attempts to carry drug consignments through the customs and across national

borders of a number of countries by various means and by different kinds of

transportation. This has been established by controlling deliveries of

narcotics and by polling experts (law-enforcement and customs officers).

Law-enforcement agencies in various countries discovered the rise in

the number of drug-making labs and new methods of selling and circulating

drugs. Shops that were camouflaged as book or perfume stores have been


Corruption – as a Way to Protect Drug Dealers:

Growing number of corrupt officials, aspiring for higher posts tend to

improve methods to protect persons taking part in illegal drug trafficking.

Polled experts and narcotic squad police officers, admitted that over the

last few years, there was a rise in the number of requests to them by high

ranking officials suggesting that criminal responsibility be lifted from

persons involved in drug deals and against whom suits had been filed.

Ever more sophisticated methods to legalize the money from drug

trafficking is manifested by laundering such money which makes it

difficult, impossible at times, to trace its primary source. At present one

can speak of the three major methods. First, cash is put into financial

institutions or into retail trade and is immediately converted into foreign

currencies or transferred abroad. Second, there is a stratification of the

money, i.e. increasing the number of transactions that are often carried

out in several countries to obscure the source of the illegally earned

money. And, third, illegal earnings are integrated into investments in

economic operations with the aim of making the money look legal.

The polled experts, and the narcotic police squad officers explained

the increased latency of drug-related crimes by the following examples.

There is mutual interest in keeping crimes a secret both among drug-pushers

and addicts; none of them have any desire to cooperate with the law-

enforcement agencies. There are special mutually beneficial and inter-

dependent relations between users and suppliers of narcotics. This kind of

relationship requires thorough secrecy due to the fear of criminal

punishment for both users and suppliers. Small wonder that the addicts

taken to hospitals, often in critical conditions, dangerous to their life

and health, do not reveal, as a rule, the source of getting drugs. And this

silence is due not to some sort of moral principles, honor, duty or

solidarity but rather, in most cases, to the fear of losing the already

established drug source or to the fear of being victimized for revealing

the source. Also much is yet to be done to develop proper legal, personnel,

tactical, material and technical programs that are effective in combating

drug trade. There is the obvious need to find a way to expose latent drug-

related crimes. For without realizing the actual state of affairs with drug-

related crimes, adequate measures of combating them will remain


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


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


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


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


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


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


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


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


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


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


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


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.

One of the major historically evolved principles of international law

states that international agreements must be observed. Stemming from this

principle is a member nation's duty to cooperate in combating crime,

international crimes and crimes of international character, including the

dissemination of and trade with narcotics.

These crimes have certain particularities. This has a bearing on the

question of accountability if such crimes are committed. According to I.I.

Karpets, there is a need to single out crimes covered by conventions or

other signed and ratified international agreements, especially, if national

legislation have been brought in accord with them. The existence of both is

a good reason for making those guilty of committing these crimes to be held

accountable. A failure to do so must be qualified as a violation of both

international law and national legislation.

In case there are no coordinated norms of accountability, the involved

countries should proceed from the general principles that had developed

among nations and resolve questions of cooperation against crime on that

basis. Specifically, they may determine the forms of this cooperation, its

confines, the need to institute criminal proceedings in view of the

committed crimes of international character, etc.

Special Acts of International Law:

Special norms of international law dealing with measures to combat drug

abuse have been taking shape gradually. The history of their development is

uneven- from establishing international control over the lawful

distribution and use of drugs to introducing control over illegal drug


It is not accidental that crimes bearing on drug abuse are qualified as

crimes of international character. This can be attributed to a number of


As an age-old phenomenon, drug addiction has spread over large

territories. As it kept crossing national borders, whole areas appeared

that specialized in growing and processing drug-bearing plants,

manufacturing and distributing narcotics. Recently, areas where drug money

can be laundered at a profit have emerged. In short, drug addiction has

become widespread practically on all the continents. Drug abuse has

acquired a transnational nature. At the turn of last century it had already

been clear that drug addiction endangered not only the lives of individuals

and social groups but also the economic advancement of many countries, as

it is bound to inflict considerable damage on agriculture and trade and

undermine whole industries. (chemical, pharmaceutical or pharmacological).

Measures that various governments tried to employ within their

countries in the hope to "curb" drug addiction, so to speak, and ban, say,

in Turkey or China, the non-medicinal use of drugs, failed to bring any

positive results.

On top of that, programs against drug addiction required additional

financial resources for treatment and social rehabilitation of addicts,

medical personnel, curative medicines, and preventive measures by law

enforcement agencies. Many countries lacked such financial resources. So,

actions against drug abuse began crossing national boundaries. The

awareness of a possible proliferation of drugs raised concern of the world

public opinion and governments of many countries began pressing for the

intensification of the rule of law on the international scene.

Consequently, an objective need arose to work out and put into practice

joint inter-governmental agreements, adopt effective legal norms that would

regulate international cooperation, enable countries to employ coordinated

measures against drugs as a whole and its specific manifestations and to

establish, as a result, both a domestic and international control over the

use of narcotics and their consumption.

The first experiment of international control over narcotics and of

measures against drug addiction at the international level dates back to

the Shanghai Opium Commission held between February 5th and 26th 1909 in

the city of Shanghai.

Shanghai Opium Commission of 1909:

This commission consisted of the representatives from 13 countries:

Russia, the USA, Austria-Hungary, Germany, Britain, France, China, Italy,

Japan, Netherlands, Persia, Portugal and Siam.

The commission attempted to work out measures that would block the

illegal flow of drugs from the regions of Asia to European countries and

the United States. It also discussed questions related to opium smoking and

to international trade in opium derivatives.

In the long run, however, no constructive measures were produced.

Documents issued by the commission contained no specific bans even on opium

smoking. Members of the commission thought it was sufficient to only speak

about its regulation and gradual restriction.

Nevertheless, the work of the Shanghai opium commission of 1909 played

a significant role. Officially it marked the beginning of actions against

drug addiction at the international level and to the launching of a system

of international control over the spread of drugs. It also mapped out

directions for the future international legislation in resolving problems

reviewed in Shanghai.

A further advancement in combating drugs was made in the Hague at the

International Opium Conference held from December 1st 1911 to January 23d

1912. Representatives of 12 countries took part in it (the same as in

Shanghai excluding Austria-Hungary). The conference prepared and adopted

the first convention on drugs (known as the Hague Convention). As a follow

up to the Shanghai Commission, in terms of ideas, the conference proclaimed

the timeliness of actions against narcotics as a whole and its specific


The Hague Convention of 1912:

The Hague convention of 1912 was the first to define the specific types of

drugs, which were put under international control. They were raw opium,

smoke opium, medicinal opium, morphine, cocaine and a few others. The

contracting parties took pledges of both domestic and international nature

upon themselves to adopt national laws establishing control over the

production and distribution of raw opium, and at barring its illegal

imports and exports without permits granted by specially authorized

persons; to take steps towards gradually halting the production, domestic

trade and use of smoke opium and introducing a ban on its imports and

exports; to use narcotic substances (medicinal opium, morphine and cocaine)

only for medicinal and "other reasonable purposes"; to ensure a legal

regulation of the production of morphine, cocaine, medicinal opium, heroin

and their derivatives and also of trade in these narcotic substances; to

adopt appropriate laws (if they are not adopted yet) or change existing

laws concerning the responsibility and punishment of persons guilty of acts

involving the illegal possession of drugs.

The provision concerning the legal regulation of the production of

morphine and its derivatives and trade in them (cocaine, medicinal opium

and heroin) was an important step. It was an attempt to use preventive

measures such as foreseeing the establishment of international control over

narcotic substances, which could appear in the future without their prior

concrete mentioning in the Convention's text.

The significant feature about the Convention was that it not only

proclaimed the need for cooperation among countries in establishing control

over the use of narcotics but also outlined what needed to be accomplished.

One of these accomplishments was the duty of countries to exchange, via the

Dutch government, texts of legal acts and statistics on drugs.

The 1912 Hague Convention, however, failed to bring practical results,

largely because of World War I, which began soon after the passing of the

Convention. It was put into force only with the signing of the Versailles

and other peace treaties which specified that their ratification was

tantamount to the ratification of the 1912 Hague Convention on drugs.

International documents approved following the Hague Convention just

filled in the gaps and developed its provisions. The need for such

documents was prompted by the continuous expansion of drug addiction, and

of the illegal trade and smuggling of various narcotics. These documents

are kept within the demands of the present problems that had been approved

at the international level. They had defined more precisely and expanded

the range of questions pertaining to the regulation of the issue on the

basis of international law. They also involved more and more countries

concerned about combating narcotics.

The growing threat from narcotics was evident from a series of

international acts on drugs. Apart from that, however, the passing of these

acts marked an important stage in international relations. They affirmed

the principle that international law was bound to help organize and ensure

control over drugs. The case in point was the Agreement banning the

production, domestic trade and use of refined opium. It was signed on

February 11th 1925 at the Geneva Opium conference.

Following the signing of the Versailles Peace Treaty and the founding

of the League of Nations this conference was the first to discuss the issue

of narcotics.

Its official program envisaged the development of measures to implement

the decisions of the 1912 Hague Convention to limit and eliminate the

production, domestic trade and use of smoke opium. But according to

juridical literature, the Conference in reality expressed the latent

interests of the colonial powers- the signatories of the above mentioned


The Geneva Conference of 1925 Agreement of February 11th, 1925:

The Agreement provided for the establishment of monopoly associations

on the territories and domains controlled by these powers to deal with the

opium turnover, for handing over the production of smoke opium to the state

monopoly, as well as conducting anti-opium propaganda.

The general control over the implementation of the Agreement's

provisions concerning the trade in opium was placed upon the League of

Nations- an international body set up in accordance with the Versailles

peace treaty.

One of the provisions of this Agreement stipulated the need to study

the state of control over smoke opium in the Far East. This study was

carried out, practically for the first time in world practice, by a Special

Commission appointed by the League of Nations Assembly in 1928.

The results of the study were examined in Bangkok and paved the way for

the signing of the Bangkok Agreement of November 27th 1931, which banned

opium smoking. The Agreement entered into force only in April 1937.

The Bangkok Agreement of 1931:

The Bangkok Agreement added some new provisions to the Geneva Agreement of

11th February 1925. These new provisions made retail trade in opium

possible only by government institutions; established criminal offence for

persons under 21 years of age who visited opium dens; legally regulated the

sale of smoke opium for cash and so on and so forth.

However, prior to the Bangkok Agreement, in view of the deterioration

of the drug situation in the world in the postwar period, the second Geneva

Opium Conference passed an Opium Convention that was signed in Geneva on

19th February 1925 and entered into force in September 1928.

The Opium Convention of 1925:

It underlined that there was no way to end drug abuse and drug

smuggling unless the production of those drugs was reduced considerably and

a more stringent control over their international trade was introduced than

the one stipulated by the 1912 Hague convention.

For this end, the 1925 Convention stipulated some legal and

organizational measures against drug abuse both at the international and

domestic levels.

This Convention confirmed the principles of the 1912 Hague Convention

and, what is more, it firmly established that drugs could be produced only

for the legal purposes of states, having defined what these legal purposes

were. Of principal importance was the decision to put several more kinds of

raw materials which drugs could be produced from (coca leaves, raw cocaine,

and cannabis) on the list of the controlled substances (in addition to the

ones named by the 1912 Hague Convention). Moreover, the Convention was

applicable to any substance, which, in accordance with the conclusion drawn

by an authorized body, could cause the same harmful consequences as the

substances listed in the Convention.

To exercise domestic control over narcotic substances the parties to

the Convention agreed to the following pledges: to pass national laws that

would ensure the control over the production, dissemination and exportation

of raw opium and to systematically revise and toughen those to the extent

that the articles of the Convention would require; to limit the use,

production, importation, sale, distribution, export, and application of

narcotics exclusively to medical and scientific purposes; to exercise

control over the activities of persons who were allowed to produce, import,

export, sell, distribute and use drugs and also to exercise control over

premises where these persons work with drugs or traded in them; to curtail

the number of ports, cities and other populated centers where the

importation and exportation of narcotics would be permitted and to pass

through and adopt domestic legislation that would envisage punitive

measures for the violations of the Convention's provisions.

To exercise international control over narcotic substances the

Convention stipulated adoption of the following measures: to introduce a

system of evaluation and estimation of a country's domestic need in

narcotics for medical, scientific and other purposes in the up-coming year;

to hand in statistics connected with drugs (in a special form and at

definite periods of time); to establish control over international trade in

drugs and to also establish firm rules for the importation and exportation

of drugs (to import and export narcotics only if there is a special written

permission, as outlined by the Convention; to regulate the order of transit

shipments and the storage of drugs at stores of third countries to prevent

their possible leakage from the legal circulation during their shipments

and storage); to establish control over the compliance with all commitments

taken by the countries- parties to the Convention; to place the exercise of

that control on a newly organized international body called the Permanent

Central Committee (later its official name changed several times, although

most of the time, it was known as "The Permanent Central Committee on

Narcotic Substances").

The Convention also stressed the need for cooperation between countries

in preventing the use of narcotic substances for purposes other than

designated. It stipulated that the exchange of information about laws and

decisions on the implementation of the proclaimed principles (using the

services of Secretary General) would be a concrete form of this


To put it in a nutshell, the Convention defined the content and forms

of realization of international control over narcotics. It introduced a

system of licensing and recording foreign trade operations of drugs and

obliged the member countries to submit detailed statistics about such


The convention on the limitation of production and the regulation of

the distribution of narcotic substances signed on July 13th 1931 in Geneva

proved to be another link in the international control system.

The Convention of 1931:

That Convention meant to introduce amendments to the two already

existing conventions in force, those of 1912 and of 1925. It contained the

following additions: uniform definition of notions, through the control

over drugs. Alternative versions of such notions as "production",

"refining", "processing", "storage reserves", "state storage reserves",

"import-export" and others were removed. For the first time, a list of

medicines containing drugs was established and production, processing, use,

exportation and importation of them would now be controlled. The system of

evaluating and estimating the overall demand for drugs in all countries

regardless of their membership in the given Convention was perfected.

Accountability for the commitments of member governments was enhanced. A

special agency, the Control Commission, was set up to study data from

governments about the quantity of narcotics and accounts about their

receipt and use. In case the Commission found any deviations or the demand

for drugs was too large in its judgment, the Commission had the right to

question the examined figures and carry out its own calculations. The

extradition of criminals was envisaged (under certain conditions) for

committing crimes linked to drugs. The convention stipulated that member-

countries had to have norms in their national legislation concerning the

criminal punishment of persons who encouraged the illegal spread of the

most dangerous forms of drugs.

The Convention also contained some administrative decisions aimed at

perfecting the domestic control over drugs. It urged member-countries, in

particular, to set up a special body that was to apply the Convention's

decisions; regulate, supervise and control the trade in medicines on the

Convention's list; act against toxicomania using all possible measures for

halting its development, and bar, in particular, the illegal trafficking of

toxic substances.

Under the Convention cooperation between member-countries expanded

considerably. Along with the traditional exchange of the texts of legal

acts, an annual report was to be submitted to the Secretary General of the

League of Nations about the Convention's implementation on the territories

of the member-states. The report was to be compiled in accordance with the

model agreed upon by the Consultative Commission on the Turnover of Opium

and other medicines containing harmful substances.

The contracting parties also pledged to inform each other, through the

office of the League of Nations Secretary General, about all the important

cases of illegal drug trafficking. These reports had to highlight sources

or methods of illegal trafficking, the nature and the amount of drugs, the

time and place of their discovery, smuggling methods and sanctions and

measures in acted by the government.

The Geneva Convention of 1936:

The convention against illegal trade in drastic medicines signed on

26th June 1936 in Geneva became the next important document.

That Convention introduced a number of new essential amendments

corresponding with its title containing the word 'struggle', which opened a

prospect for a juridical cooperation in campaigns against drug abuse. The

range of crimes subject to prosecution was outlined and expanded

considerably. Contracting parties pledged to prosecute persons engaged in

the illegal manufacture, storage, shipment, exportation, sale or purchase

of drugs or who organized conspiracies with the aim of premeditated

participation in the illegal drug trade. The Convention also provided for

the extension of reciprocal legal assistance through the exchange of

necessary information to identify and arrest criminals and extradite them

to a foreign country.

World War II pushed the problems of international cooperation and

control of narcotic substances to the background. But right after the end

of the war this problem came to the foreground once again. In view of this,

some international acts were adopted that regulated relations in the area

of narcotics. The following documents seem to be of interest.

The Protocols of 1946 and of 1948:

The Protocol on Drugs signed in Lake Success (New York) on 11th

December, 1946 provided for the introduction of changes into the

agreements, conventions and protocols on drugs signed in the Hague on 23d

January 1912; in Geneva - on 11th February 1925, 19th February 1925 and

13th July 1931; in Bangkok - on 27th November 1931 and in Geneva - on 26th

June 1936. The Protocol on Drugs covered issues that arose in view of the

dissolution of the League of Nations and the transferring of some of its

drug control functions to the Organization of United Nations, the World

Health Organization or its Interim Committee, and of the transferring of

duties of the League of Nations Secretary General- to the UN Secretary

General. The Protocol was the first UN document that introduced necessary

re-naming although in reality changed nothing in the system of control and

cooperation that existed hitherto.

The Protocol signed in Paris on 19th November 1948 dealt with the

establishment of international control on medicines that were not put on

the list of the 1931 Convention which limited the production and regulated

the distribution of narcotics (changes to this Protocol were introduced by

the 1946 Lake Success Protocol).

The signatories of this Protocol pledged to inform the UN about any

substance that could possibly be abused and also to spread control onto

synthetic drugs that had appeared by the time of the signing, and had not

been previously listed in earlier international regulations.

Discussion of drug issues at the international level and the adoption

of decisions under international law brought national legislation closer

together, helped define priorities of the anti-narcotics movement, form an

understanding of the danger posed by narcotics and control the lists of

narcotics whose manufacture and use was subject to international control.

Yet, the existence of such simultaneously operating legal acts and

international bodies failed to ensure sufficient legal regulation and

control of all the issues connected with narcotics. This failure created

certain difficulties for exercising control over drug abuse. The existing

international acts also lagged behind the realities of life.

Many issues remained unresolved. For example, only some narcotic

preparations were controlled whereas the production of raw materials for

the making of synthetic drugs remained uncontrolled. The cultivation and

use of drug-bearing plants and other problems related to narcotics required

a legal regulation. In view of this, two important international acts were

worked out and approved within the United Nations framework. They were the

Uniform Convention on Drugs of 1961 amended later by the 1972 Protocol on

Drugs, and the United Nations Convention of 1988 which provided for action

against the illegal trafficking of narcotics and psychotropic substances.

One need not think however that the provisions of the earlier approved

acts were so out-dated that they required to be radically changed. The two

Conventions left intact therefore many time-tested provisions of the above-

cited documents. At present they form the main legal foundation for the

system helping exercise international cooperation and control over drugs.

The Uniform Convention of 1961:

The 1961 Uniform Convention regulates questions pertaining to the legal

use of drugs. Its adoption was a landmark in the development of relations

based on international law. The Convention is designed to promote decisive

actions against narcotics at the international level through the building

of a system of international cooperation and control over narcotics. In

fact, this one document is a substitute for all the previously accepted

international acts (with the exception of some points of the 1936

Convention). It diminished the number of international bodies in charge of

the control over narcotics, and established control over the production of

drug-bearing raw materials.

The participants in the Convention expressed the wish to sign a

universally accepted international convention to limit the use of narcotics

to medical and scientific purposes only and to maintain permanent

international cooperation in order to accomplish the principles and aims of

the Convention.

The parties to the Convention pledged to adopt not only necessary

legislative measures, as the case had been here-to fore, but also

administrative measures and to ensure fulfillment of the Convention's

decisions. They took upon themselves to limit the production, exportation,

importation, distribution, use, storage, and trade in narcotics and limit

their use and storage for medical purposes exclusively in order to diminish

sufferings and pain.

Instead of the previous four international agencies, which controlled

narcotics, the Convention authorized the formation of just two: the

Commission on Drugs under the UN Economic and Social Council and the newly

formed International Committee on Drug Control of the United Nations


The Convention endowed these two bodies with broad authority.

The Commission on Drugs of the UN ECOSOC:

The Commission examines all issues that bear relation to the aims

proclaimed by the Uniform Convention. Every year it approves and amends the

List of substances, plants and preparations, the use, dissemination,

cultivation and storage of which is under international control. It

introduces corresponding changes and additions to the List and informs the

national governments. The Commission also informs the Committee of any

circumstances that may bear upon execution of its functions. Finally, it

issues recommendations concerning the implementation of the Convention's

aims and decisions, including the program of research and the exchange of

scientific and technical information.

For example, one of the recommendations calls for the need to provide

countries where the illegal cultivation of drug-bearing plants is practiced

with an access to modern reconnaissance technology which makes it possible

to discover and then destroy such fields. This recommendation also calls

for the need to promote the economies of these countries so that their

farmers could earn a living by working at legal agricultural and other

enterprises; to combine steps against the illegal production and spread of

narcotics with the efforts to build a more just international order, give

help to third world countries in boosting their economies, developing their

traditional export industries and agriculture, and train specialists; to

regard programs for preventing drug addiction and curing drug addicts as

top priorities.28

Member countries may also be asked to submit their own recommendations.

These may include annual reports about the Convention's implementation on

their respective territories, texts of laws and rules passed with the aim

of implementing the Convention's provisions; names and addresses of

government agencies authorized to give permits for the exportation or

certificates for the importation of narcotics; or any other reports about

cases of illegal trafficking.

The UN Committee on Drug Control:

In accordance with the requirements of the 1961 Uniform Convention

(with amendments) the Committee consists of 13 members elected for the term

of 5 years. 3 members with medical, pharmaceutical and pharmacological

experience from the list of persons submitted by the WHO and 10 members-

from the list of persons submitted by countries belonging to the UN.

Persons recommended as members of the Committee have to meet special

requirements such as competence, non-involvement, impartiality,

trustworthiness and must have an awareness of the situation in the

countries where narcotics are produced, made and consumed.

The Committee performs important functions, which actually form the

essence of the system of international control over the legal use of

narcotics. They are:

- using the system of estimation of the countries' demand for drugs.

The countries concerned are obliged to submit the following annual

estimations written in special forms to the Committee: the quantity of

drugs used for medical and scientific purpose and for the preparation of

other narcotics, medicines and substances not covered by the given

Convention; the quantity of stored available narcotics as of December 31st

of the reported year; the size and the geographical position of the field

used for cultivating opium poppy and the approximate quantity of opium

expected to be obtained from it, and the number of enterprises producing

synthetic drugs and the quantity of such drugs produced at each enterprise;

- estimating the overall level of drugs produced and imported by any

country or territory throughout one year (quantity of drugs imported which

is above the reported figures cannot be permitted without a sanction from

the Committee);

- introducing a regulated order for endorsing the demand for drugs used

for medical purposes. To ensure a balance between the demand and supply of

opiates used in medicine, the Committee sends information with estimates of

the demand for these preparations to the country producing these drugs. The

country is to agree with these estimates and then decrease (or increase)

their production.

- using the system of statistical reports. The governments submit

statistical reports to the Committee about the production and preparation

of specific drugs, their use and consumption, their exportation and

importation, their detention, their stocks and fields used to cultivate

opium poppy and other data which allows the Committee to determine if

countries are abiding by the Convention's decisions and then take

appropriate measures to ensure their implementation and the accomplishment

of the control functions.

The Committee collects and analyzes information submitted to it by the

United Nations agencies, individual governments and international

organizations, including Interpol. This information features the

production, manufacture, modification, and consumption of drugs, as well as

international trade in them, supply and confiscation of drugs. The

Committee also points to the shortcomings in the arrangement of control

functions and offers recommendations as to how these shortcomings can be

dealt with. If need be, the Committee has the right to invite

representatives of any country to its meetings.

Upon getting the information that the target set by the Convention is

endangered in any country due to its failure to abide by the Convention's

decisions, the Committee has the right to ask for an explanation and also

to recommend adjustment measures. If a particular government fails to

provide a satisfactory explanation or to accept the adjustment measures

proposed by the Committee, the problem can be brought to the attention of

the involved parties, of the Council or the Commission. The involved party

may be recommended to stop the importation or exportation of narcotics to

given countries or territories for a specific period of time until the

Committee recognizes that the situation in that country has become


The Committee is endowed with the right to impose restrictions, under

certain conditions, on the manufacture and import of drugs.

Since a large volume of information is available at the Committee it is

able to prepare reports, publish them and forward them to the Council to be

sent to the parties concerned. In these reports the Committee can touch

upon any issues connected with drugs and inform its readers about newly

passed decisions. For example, in its report of 1989 (Vienna) the Committee

called on the governments of all countries to strictly observe the

Convention's provisions, to submit statistical accounts about the available

quantities of narcotics and trade in them, among other related data.

To avoid alternative versions and form a single understanding, the

Uniform Convention establishes identical definitions of special terminology

related to drugs.

Drug-related Terminology as Established by the Uniform Convention:

For example, according to the Convention a "narcotic substance" is any

of the substances included in List I and List II regardless of whether it

is synthetic or natural. Lists I, II, III, and IV are enumerations of

narcotics or drug-bearing preparations and are supplements to the

Convention in which possible changes may be made from time to time in

accordance with the procedures established by the Convention.

Definitions are also given for cannabis and its plant and resin,

cocaine shrub, coca leaves, opium, opium poppy and poppy straw.

Significantly, the international understanding of the word

"cultivation" pertaining to drugs covers only the cultivation of opium

poppy, cocaine brush or the cannabis plant. It should be mentioned at this

point that the 1988 UN Convention defines this term differently. But this

will be discussed below.

The term "illegal trafficking" means the cultivation of or any action

relating to the sale of narcotics in violation of the Convention's

decisions. The term "importation" and "exportation" mean the physical

shipment of narcotics crossing the boundaries of one country to another or

from one territory to another within one and the same country. The term

"territory" means any part of a country defined as a separate unit for the

purpose of applications of the system of drug importation certificates and

drug exportation permits to it.

The term "manufacture" implies (with the exception of production) all

the processes that pertain to obtaining narcotic substances, including

refining or turning one narcotic into another.

The term "production" means the separation of opium, coca, cannabis

leaves and cannabis resin from the plants, which they are obtained from.

The term "preparation" means a hard or liquid mixture containing a

narcotic substance.

The term "storage stocks" is used in relation to the amount of

narcotics which are available in a particular country or on its territory

and meant to be used for medical or scientific purposes, for exportation or

for the needs of various pharmacists, authorized traders and specialists or

institutions where medical or scientific research is carried out.

Included in this term is also the notion "special storage stocks" which

is used to describe the amount of narcotics available within a country or a

territory of that country and put at the disposal of its government to be

used for special purposes or in case of an emergency.

The Uniform Convention introduces a number of specific restrictions and

bans and a special procedure for the cultivation of drug-bearing plants.

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


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


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


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


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


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


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


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

adapt to any conditions and manifest itself in new forms in most

undesirable circumstances. On this occasion A. Gabiani writes: "Hardly had

they banished the opium poppy, when the niche was quickly filled by common

poppy. When the entire hemp-growing regions were cut off from black

markets, the pharmaceutics flooded the market. The channels for natural

drugs were blocked, then the far more dangerous chemicals began spreading.»

The specificity of drug abuse, and its forms and degree of

proliferation, stress the need for a regular re-evaluation of its rapidly

changing state in order to promote the methods of counteraction, discard

the outlived methods, bring all techniques of exerting influence in line

with the legislation and day-to-day reality. Experience proves that an

objective assessment of any process demands for corrections to be made

which take due notice of reality.

A system of measures to combat narcotics presupposes that its elements

are mutually compatible and that the system itself can be a part of a

higher order -(law enforcement and crime-prevention systems, and social

administrative systems, as a whole). This means that not one subject or

measure in the counter-narcotics system may contradict the values accepted

by the society. The authority of the subjects must be sufficiently

reflected in their rights and duties.

It is essential that all elements of the anti-narcotics system have

enough potential possibilities to ensure its effective operation. The

utmost goal of the organization is, in this case, to transform the

potential possibilities into the real functions and make them serve as a

system of counteraction measures. For example, the professional duty of

medical institutions and doctors who provide treatment for drug addicts is

manifested as a certain function performed by the elements of the system of

counteraction to drug abuse.

A solution of the problems of drug abuse requires, on the one hand,

considerable efforts by national, international and other organizations and

their numerous divisions that act in different directions and focus on

different target groups of people, and on the other hand, it requires

coordination and accord in their activities.

The interaction of different elements of the system may be indirect,

through the understanding of common objectives. This, however, requires a

link in management. Such a link "is based on a certain program of action

and is, in itself, a method of implementing this program. There is always a

general structure of the process behind a developing operational system.»

General Provisions of Organizing Action Against Drug Abuse:

The above mentioned makes it possible to outline the following

principles of an efficiently organized effort against drug abuse in the

Russian Federation.

As the manifestations of drug abuse continue to grow and diversify, a

real counteraction is possible only in the framework of a well-tested and

scientifically based government policy which defines the forms, tasks and

contents of the government's contribution to this effort. The understanding

of drug abuse phenomenon should be reflected in the Concept of the

government policy towards narcotics. Its principal goal is to secure

legislative and organizational realization of anti-narcotics efforts, bring

harmony and coordination into the activities of different ministries and

departments, draw up a list of priorities and concentrate the available

resources for their synchronized deployment. No other document but such a

Concept can lay the solid foundation for the National Program of

Counteraction against Narcotics. The Program necessarily requires an

approval at the highest level by the President, the government and the

parliament to make all of its provisions mandatory for everyone.

The development of the National Program stands out as one of the most

important tasks among the anti-narcotics measures. It is essential to

invite experts in different fields of research, as well as the

practitioners from the concerned departments to participate in it. The list

of participants, the scope of their duties and the financing are to be

endorsed by the government. The authors of the Program have personal

responsibility for producing a profound analysis of the situation with

drugs, and for the efficiency of the recommended methods for combating drug

abuse. They are also responsible for providing research or organizational

background during the implementation of the steps they have recommended.

The time frame and other specifics of the program must be included in the

resolutions of the government and the parliament.

2. The main goal of the government policy in regard to narcotic

substances should be: a) to prevent their use for other than medical

purposes; b) curb the demand for them; c) and curtail their illegal

manufacturing and turnover. This goal is attainable in practical terms only

through a set of coordinated steps in politics, economy, legislation and

public health. They should be directed at perfecting the laws regulating

narcotics. Methods should be developed of an early identification of the

persons who use drugs for non-medical reasons, of their treatment and

rehabilitation. Policies should be developed counteracting the unlawful

production and sale of drugs at the national and international setting.

3. The mandatory measures of organizational, legislative and material

support of the government policy in the field of drugs fall into two


The first category implies the establishment of an inter-departmental

anti-narcotics system of measures, which will incorporate the following


Information support of the program. The departments involved should set

up a data bank to store information about the state of affairs in

narcotics, the proliferation of drugs, the accurate techniques of drug

identification, and other data - national and international - which will

help make decisions and implement measures against narcotics.

Research and technical support. Conducting fundamental research of and

quick response analysis on drugs, the development of advanced techniques

and technologies of halting narcotics should be implemented.

Administrative support. The President, the parliament or the government

should found a special committee entrusted with the overall monitoring of

the drug abuse in the republic. This agency also should map out a uniform

national strategy and tactics, direct and coordinate all the elements of

the struggle against narcotics, and set up subordinate regional committees

and commissions. As need be, it should be able to amend the state policy in

regard to drugs. This agency surely must include psychiatrists specializing

in the treatment of addicts, lawyers, psychologists, sociologists,

teachers, pharmacists, journalists and other specialists and experts, as

well as representatives from the ministries of public health, social

welfare, education, agriculture, foreign economic ties, industry and trade,

transport, telecommunications, foreign affairs, the interior, justice,

finance, national security (as well as of the foreign intelligence

service), air, maritime, and inland water transport, of the State Bank,

Intourist, customs service, and the Prosecutor's Office.

Material support. Financing should be provided for the National Program

to Counteract Drug Abuse in general and for its specific aspects. The

financing structure may include specialized funds.

Medical support. A mechanism of medical interaction on the issues of

drugs must involve all the agencies and departments concerned and their

separate branches.

Support from the system of education. It is necessary to train an

appropriate number of anti-drug specialists with due regard to the

experience gained by their foreign counterparts.

Accountability. Regulated accountability and control of all the

agencies and departments participating in the campaign against narcotics

should be established. The participants will be furnished with special sets

of documents and evaluation criteria. They will bear personal

responsibility for the final results.

The second category of mandatory measures defines the direction of the

effort against narcotics, sets out the target goals and names the

participants. At a minimum, the main direction should be of a simultaneous

offensive on the production, trade and consumption of drugs.

In the field of legislative regulation, a set of laws on combating

narcotics should encompass a) perfection of the effective legal acts on

drugs, b) the legally defined rules of identification, check-up and

voluntary/compulsory treatment of drug addicts, c) the rules of drug

identification, d) legislative support of international cooperation

including the obligations that arise from the international treaties and

agreements, e) elaboration of legal norms to fight drug-related money-

laundering, f) and bringing national legislation in line with the

international laws.

In the field of medicine: the identification, medical treatment and

social rehabilitation of drug addicts presupposes improving the methods of

early diagnosis and treatment of addiction, the development of prophylactic

measures, a system of registering and monitoring drug abusers, the

gathering and analysis of information and information exchange between

relevant departments.

In the sphere of combating drug-related crimes, it is essential to

suppress the illegal cultivation of plants containing narcotic substances,

improve control over the transportation of narcotics across borders, and

curb their clandestine manufacture. It is also necessary to control the

manufacturing, storage and trade in the chemicals and equipment, which may

be used in the illegal production of drugs. The stamping-out of such crimes

necessitates stringent regulatory mechanisms in the production,

transportation and use of narcotic substances for medical and research

purposes, as required by the international conventions, advancement of

investigative methods, improvement in the customs service, administrative

and other forms of curtailing crimes linked to drugs and limiting the

illegal demand for them. The circle of involved participants in actions

against narcotics, especially in the field of prophylactics and halting the

spread of drug abuse should be enlarged through unconventional forms and

methods of work, such as invigorating the efforts of religious and

charitable organizations, private companies, psychological aid centers,

army units, and so on.

Understandably, the suggested list of efforts is not exhaustive.

Nonetheless, it puts the emphasis on the main directions and can be viewed

as a version of a multifaceted approach toward organizing a program of

action combating drug abuse.

The Experience of Countries:

The experience of countries that have developed national programs against

drug abuse can be very instrumental in drawing up a national anti-narcotics


In 1982, the United States adopted a program against drug trafficking

and organized crime. Its implementation presumed mapping out a special

presidential policy and the participation of the governors of all the


The USA:

The then US President Ronald Reagan sanctioned the allocation of an

additional USD 130 million to the Department of Justice budget for the

implementation of that program. These funds were distributed to the federal

law-enforcement agencies, the judiciary, penitentiaries and the police. The

administration envisioned an increase in the number of prosecutors, FBI

agents, and the personnel of anti-drug departments, customs services, the

coast guards, Internal Revenue Service, Immigration Naturalization Service,

and other departments.

More than a half of the allocation was set aside as salary and bonuses

for special service agents. The rest was spent on modernizing police

equipment, the renovation of the state and federal prisons, and enhancement

of the FBI technical capabilities in neutralizing criminals who can afford

the most up-to-date listening devices and surveillance equipment.

The program also made provisions for creating special regional task

force, and creating programs for participation in actions against drug

abuse by the state, as well as for more room in federal jails. Coordination

committees responsible to the Secretary of Justice were established in all

of the 94 Federal judicial districts. The committees were obliged to make

up plans for fighting grave crimes at the county, state and national


It was for the first time that a program envisioned deployment of the

armed forces against the spread of drugs. Their task was to detect and

detain traffickers, especially at the US-Mexican border and in the


A variety of drug prevention programs were developed at the regional

level, such as the program of aid to potential abusers and their victims in

the District of Columbia or the program against the abuse of drugs and

alcohol by adolescents in Maryland. Many of them, however, remained

ineffective not because they lacked professionalism, but more often because

the moves lacked coordination. Not rare was the shortage of financing,

technical and personnel support.

In 1989, the US adopted the national strategy against drugs, which is

executed by more than thirty federal departments, including the CIA.

American experts believe that the US share of the worldwide consumption of

drugs is more than a fifty per cent. They also consider drug trafficking as

a global threat which cannot be controlled by the efforts of a single

country. There must be international cooperation to settle this bedeviling


Since the bulk of drugs originate outside the US, the Administration

put an emphasis on attacking drug dealers on their home territory and on

stepping up counteraction to the proliferation and sale of drugs inside the

country. The strategy evidently has flaws, as the situation shows no signs

of dramatic improvement.


On May 25th, 1987, the Canadian government officially introduced a

national strategy against drug abuse. The strategy had resulted from long

consultations with provincial governments, different private organizations

and individual specialists. The goal of the strategy was to shape a unified

course of actions against the abuse of drugs in Canada.

The general supervision of its implementation was vested in the

Ministry of Health and Social Welfare. Other participants were the Royal

Mounted Police of Canada, the Directorate of the Penitentiaries, the

Ministry of Justice, the Customs Department and the Excise Tax Service, the

Ministry of Foreign Affairs and the Ministry of Training and Youth.

The main goal was to work out a balanced line of action that would meet

the needs of all Canadians, bring down the impact of alcohol and other

stimulants on individuals, families and entire communities. The strategy

comprised six directions of action: 1)education and prevention, 2)control

over law abidance, 3) medical treatment and rehabilitation, 4) gathering of

information and research, 5) international cooperation 6) and national

policy. Over two-thirds of the resources were directed into the

educational, preventive and treatment programs to curtail demand on the

banned substances.

The Royal Mounted Police had the assignment to help develop and

implement five initiatives on restraining the supply of and the demand for

drugs, namely 1) a program to curb the black marketing of drugs, 2) the

coordination of coastal guard patrol, 3) the gathering and processing of

data on drugs, 4) technical assistance to foreign countries and 5) an

educational program.

Canadian experts note that it is hard to measure the effects of this

program yet, but all the above measures contribute to saving lives and

making the nation healthier.

The United Kingdom:

The British government is acting upon a multifaceted anti-narcotic

strategy that it adopted in 1994. There are five strategic priority aspects

in it 1) cutting down drug imports, 2) raising the efficiency of law

enforcement, 3) exercising effective deterrence measures and strict control

inside the country, 4) organizing preventive efforts, and improving the

treatment and 5) the rehabilitation of drug addicts.

The government strategy is based on the assumption that all the

problems of narcotics are inter-related. Therefore, parallel measures

against the supply and demand of drugs are necessary. It is intended to

scale down illegal imports of drugs by supporting international efforts

against their manufacture and trade, reinforcing the customs and police

force, toughening control over the legitimate production, and consumption

of drugs for medical purposes, deterring drug dealers by heavy fines and

depriving them of their illegal profits.

The struggle to curtail demand must follow two general lines - keeping

the new addicts from abuse and rendering aid to those whom have developed


To ensure proper interaction of all the elements of this strategy, the

British government has set up a working inter-departmental group from among

the ministers and high-ranking executives. The parliamentary deputy home

secretary heads the group. Also participating in its work are officials of

the home office, the ministries of health, social welfare, and finance, the

customs service, the department of overseas territories, the environmental

department, and so on.

The new government-run intelligence service for drugs has replaced the

older drugs central intelligence. Police and customs officers staff the

government-run intelligence. Its duty is to gather, analyze and distribute

information obtained either abroad or at home.

The regional anti-drug departments have special support units. The

customs service has been reinforced by top-class specialists and top-notch

smuggling clampdown equipment. In compliance with the 1986 law on illegal

drug trade, the police and the courts have received broader authority as to

the identification, freezing and confiscation of drug dealers' profits. In

1988 the UK and the USA signed a bilateral agreement on the confiscation of

the discredited bank assets.

The police and the customs service have formed a special financial

division to accumulate on a national scale, survey and pass down for

further investigation the data on financial issues, i.e. reports from the

banks and other financial institutions on monetary deposits of questionable


The government has outlined the procedure for police operations against

the three categories of drug dealers, big, medium and small.

Great Britain upholds the international community's efforts by

contributing annually Pound Sterling 150,000 to the UN Fund for Drug Abuse

Control. As mentioned before, the UK also runs a program of assistance to

overseas projects.

Regarding the drug abuse situation, a review of the government measures

underlines that the government-sponsored policy works toward a closer

international cooperation, enhances the efforts of the law-enforcement

agencies, helps the younger generation realize the impact of drug addiction

and boosts the effort against this evil.


The drug control programs in Mexico differ from those in other

countries as Mexico is a hotbed of manufacture and export of opium, heroin

and marijuana and a major cocaine trafficking transit point to the United

States. Some Mexican states have traditional plantations of opium poppy,

marijuana and Indian hemp. Economic hardships often force the farmers into

dealing with drug dealers and prompt the growing of illegal crops, which

produce profits higher than the earnings from lawful businesses. The anti-

drug programs, therefore, focus on mass destruction of narcotic crops from

the air or manually and the involvement of army units in such operations,

harsh penal sanctions, intensive investigation of drug cartels and

trafficking channels, and dissemination of information among the public.

Growing cooperation with the USA on the basis of bilateral agreements

and a treaty of juridical assistance is an important element of the anti-

narcotic policy. It facilitates the identification of drug-related money

laundering in the financial and commercial institutions both in Mexico and

the US. The Advance Guard program presupposes operations to detect and

destroy the plantations of drug-bearing crops. Starting from 1986, units of

the Mexican Army and of the US Coastal Guard have been conducting

operations to detain suppliers of drugs in the Mexican territorial waters,

to confiscate their cars and arms, and to control flights in the border

area as part of the American Mexican operation Alliance.


The national program against drug abuse in Spain deserves notice as the

Spanish laws permit soft narcotic substances. Despite the expectations and

arguments of the proponents of drug legalization, drug abuse in Spain does

not subside. Neither does the crime rate. The number of violent assaults to

obtain money for drugs is on the rise. The law-enforcement agencies' task

has been set as eradicating drug abuse, opening specialized medical centers

for the addicts who volunteer to undergo treatment, and combating drug

addiction and prostitution as the factors increasing the risk of AIDS


The main goals of the Spanish program against drug abuse are to halt

the proliferation of the most heinous drugs like heroin and cocaine,

organize prophylactic measures among the young people of 16-to-18,

promulgate popular knowledge about medicine and treatment of drug addicts

by way of educational lectures, and advance public organizations'



The French national program against narco-business sponsored by the

Ministry of the Interior and Public Safety focuses on curbing the illegal

trade in drugs, and, in particular, the street vending of narcotic

substances. The document provides for the creation of special-task police

units and a national center to coordinate all police operations against

drug abuse. Narco-business-suppression training courses have been

introduced at police schools. Large police commissariats now have

specialized branches to monitor drug abuse. These branches render practical

and financial assistance to various organizations engaged in fighting

against the abuse of narcotic and toxic chemical substances.

The experience of foreign anti-narcotics programs can be adapted to the

requirements of the Russian Federation and help work out a feasible

National Program of Comprehensive Counteraction to Narcotics

Par. 2. Organization of Medical Counteraction to Narcotics

The primary aspect of the entire anti-narcotics effort is a series of

medical treatment measures. They are carried out by different medical

institutions as actions against narcotics is inalienable from the

activities of public health services of all levels, including the medical

service of the Ministry of Internal Affairs. In 1975 the former Soviet

medical authorities detached the addictions treatment service from

psychiatry. Thus the treatment of drug and other addicts became a separate

branch of medicine known as narcology.

The efforts of the medical institutions make up a significant part of

the anti-narcotics strategy. Their goal is to bring about a decrease in the

demand for drugs. This is achieved by the treatment and rehabilitation of

abusers and, in the final run, is a positive factor of a general

improvement in the drug abuse situation.

The measures, which the health centers, are obliged to take, can

roughly be divided into two groups. Group One includes the properly medical

efforts in the treatment and rehabilitation of addicts. Group Two embraces

other organizational steps to keep narcotics at bay.

The international community also pays considerable attention to the

treatment of drug addicts. Article 38 of the Uniform Convention on Drugs

states that the signatory countries will take every possible step to

prevent the misuse of narcotic substances, ensure an early identification

of abusers, treat them, restore them to full working capability, re-

socialize, and monitor them after the completion of treatment (Paragraph

1). The countries will train appropriate personnel (Paragraph 2), and will

inform the population about the hazards of drug abuse (Paragraph 3). The

medical treatment of drug addicts is also presupposed by Resolution II of

the UN conference on implementing the Uniform Convention on Drugs.

Reminding of the provisions of Article 38, the conference stressed that

hospital treatment in a drug-free atmosphere is the most efficacious

medical approach to the issue. It recommended that economically potent

countries where drug abuse is a serious problem provide the opportunities

for such treatment.

The Treatment and Rehabilitation of Drug Addicts:

The issues of medical treatment/social rehabilitation of addicts and other

relevant measures are to a greater or lesser degree incorporated in the

public health programs of all nations and have found reflection in certain

regional programs. As a rule, these documents emphasize perfection of the

strategies and organization of drug abuse services on the assumption that

drug abuse is a social disease. The other important aspects are financing

and material/technical support, personnel, informing definite sectors of

society on the hazardous impact of addiction, research in the field of more

effective medicine.

Experts, however, warn against an overly simplified belief that

containing drug addiction boils down to the availability of medicines and

available hospital beds. The prophylactics of social illnesses like

alcoholism, misuse of narcotics and toxic chemicals cannot be built upon

the same methods as the treatment of serious infectious diseases. Alongside

pharmaceutics, it requires psychological aid and education which more and

more often involves the addicts' families and friends. It is naive to

believe that medicines and injections alone can bring about the desired

results and that the selection of individually suitable pharmaceutical

preparations gives a clue to the problem of treatment. Good results are

yielded by a combination of psychology and pharmacy. Therefore, the

treatment for drug addiction consumes much painstaking effort of a doctor,

psychologist, educator and other specialists working with a person who is

likely to develop the illness or is ill already.

On the face of it, the issues of treatment and prophylactics

necessitate comprehensive programming and proficient organization. Their

solution lies in the medico-biological, medico-psychological and medico-

social spheres.

From the standpoint of government policy, public health institutions

have the exclusive authority to treat drug addicts by officially approved

methods, including compulsory treatment of the addicts who pose danger to


According to the results expected in this field, health centers must

organize and effectuate a series of measures destined to establish firm

grounds for progress in the drug abuse situation.

In the first place, this means the early identification, diagnosis and

registration of the persons who use drugs for non-medical purposes and

hence stand in need of prophylactic and treatment. However, shortcomings in

the existing methods of express-diagnostics and in the expert check-ups of

drug addicts make establishing the degree and the type of drug dependence

somewhat problematic.

Identification, Diagnosis, and Registration of Drug Users:

The identified addicts may belong to different age and social groups;

their condition may have a different degree of narcotic neglect. This fact

may influence the choice, distribution and intensity of medical measures,

as well as their combination with other types of aid.

Of particular importance is the early identification of addicts among

the young and the adolescents. A timely medical interference, caring

participation and influence of parents, relatives, teachers, police

officers, and the atmosphere of friendliness can stop the youngsters' slump

into illness.

When the consumers of different drugs have been identified, it is

exigent to inform the police to enable it to find the sources of drugs and

trafficking channels and execute other preventive measures.

Information is especially important if the drugs have been manufactured

illegally or their origins are unclear.

The following list of measures can help identify the individuals who

misuse narcotic substances:

medical check-ups of industrial labor staffs, school and college


medical check-ups of inmates in jails and penitentiaries;

medical examination of the perpetrators of drug abuse for further

registration and treatment, including compulsory treatment;

specialized testing of certain professionals (the military, pilots,

drivers of all means of transport, police officers) for the bodily presence

of narcotic substances;

revealing the most dangerous forms of drug abuse that complicated

detoxification, revealing the cases of multiple drug misuse (the combined

use of more than one drug) and the cases of an intertwined abuse of drugs

and alcohol;

identification of addicts who carry the HIV and other infectious

diseases, elimination of the consequences of infectious transmission;

timely registration, treatment and rehabilitation of those who need it.

Another way to improve the health servicing of drug abusers is to


fundamental research; development of efficacious pharmaceutical

preparations and novel methods of treatment for different types of narcotic

dependence, their speedy translation into public health practices; large-

scale contribution to research from Russian and foreign scientists (the

Academy of Sciences, medical, pedagogical, psychological and other research

institutions, application of practices adopted abroad);

accelerated training of highly qualified personnel (addictive

conditions psychiatrists, psychologists, educators, social workers) at

medical colleges and upper level courses, specialized training of medical

attendants, nurses and technicians. The study program should cover not only

the novel methods of treatment, but also the specifics of contacts with the

drug addicts and methods of readiness for treatment and prophylactic


organization of new preventive-treatment/ registration clinics, out-

patient departments at industrial facilities and offices, emergency aid

centers and a wide publication of data on their mode of operation,

anonymous and commercial treatment centers for drug addicts;

extensive adoption by drug-abuse monitoring services of the

achievements in the medical science, psychology, pedagogy, pharmacy, and

special-purpose technology;

modernization of drug-abuse monitoring services, improvement of

material supplies and provision of the necessary personnel.

The post-treatment rehabilitation measures should include: a) the

creation of purpose-oriented government-run and charity funds, ex-drug

abusers support funds and diverse forms of work with them; b) development

of rehabilitation methods based on the effective analysis of the existing

rehabilitation procedures and of qualification levels of the personnel; c)

psychological assistance to the former abusers' families, relatives, and

friends who must be taught the techniques of exerting favorable influence

on the patients.

Equally important is the organization of other anti-narcotics efforts

taken by public health institutions.

The health of the nation is an important element of the social and

economic development of a country. From this angle, the popularization of a

rational way of life, the cultivation of respect for human health as the

basic value of society ranks high among the priorities of medical


Publicizing Information Against Drugs:

A skillful and persistent dissemination of knowledge about the

destructive impact of drugs and their detriment for the future generations

is a crucial activity of medical institutions in the struggle against


It is advisable to find a particular audience and do masterly

presentations. Lectures and discussions are not the only means of knowledge

dissemination. Meetings with former drug addicts and presentations about

broken human lives have also proved productive.

To increase the prophylactic effects of popularization, it would be

useful to train the instructors on the methods and tactics of campaigning

against narcotics, design a system of mass anti-narcotic education, based

on medical science, provide the necessary teaching aids, control and

stimulate this activity.

Organization of Control Over the Use of Narcotic Substances:

Public health institutions have responsibilities in exercising control

over narcotic substances under international conventions, treaties,

agreements and other forms of international cooperation in combating drug

abuse. As mentioned earlier, their primary responsibility is to control the

proper use of drugs, the correct taking of their stock, their storage,

distribution and removal. The issue of special prominence is the storage of

narcotic substances at medical institutions and warehouses and the

thwarting of attempts to misappropriate them. Inspections often expose

serious flaws in this field.

To rule out a possible abuse, leakage or misappropriation of drugs, the

following list of measures is essential:

guarding narcotic substance storage facilities, fitting them out with

new equipment and fire/break-in alarm systems connected to the central

control panel or to the 24-hour operational medical personnel or guards


proper protection of the points where drugs are stored in small

quantities for distribution as administered by the physicians;

tightened control over big-batch long-term storage facilities like the

warehouses of regional drug-store administrations, and strategic reserves


regular inspections at narcotic drug warehouses;

strict abidance by the rules of taking stock, storage and use of drugs

for medical purposes;

a timely exchange of information with the police on the above issues

and cooperation in drawing up the lists of drug storage facilities.

Experience suggests that a successful solution of the problem depends

on the depth of our insight into it. This is especially true of such a

complex issue as the treatment and rehabilitation of drug addicts

regardless of what stage they are at. That is why the fullest and the most

objective information is essential for the medical and other institutions

to organize a counter-offensive against drug abuse. With that goal in mind,

public health centers should adhere to the following organizational


gathering and analysis of information on the conditions of drug

addicts, tendencies in and results of their treatment and rehabilitation,

and types and means of using drugs and the impact they have;

interaction with other institutions and departments in concrete forms

of anti-narcotics activities in such large-scale operations as Poppy and

Doping, in check-ups and research;

control surveys prepared by the narcology service.

Organizational support for these guidelines could be achieved through:

the establishment of a strict procedure for and the terms of turning

in, and registration of documents, supply of dependable information on the

actual situation with drugs and their sales and use for both medical and

non-medical purposes, on the individuals perpetrating misuse, supply of

other data essential for making specific decisions;

cooperation with other departments in holding joint selective research

and express-tests to obtain reliable information on the actual levels of

drug abuse, the damage it inflicts, the effects of treatment and other

types of aid to the addicts;

scheduled and unscheduled departmental and/or inter-departmental

inspections of how control over drugs is maintained, and how the rules of

their use and storage are observed;

analysis and broad publicity of the achievements of medical staffs who

have a record of positive results in combating narcotics, as well as

provision of incentives.

The scope of health institutions' duties also embraces revealing and

timely informing the relevant departments and the public at large on

dangerous tendencies in drug abuse, new varieties of stupefying substances,

the techniques of their manufacture and the means of use. The public health

system develops the adequate methods of prevention, treatment, and


Par. 3. Enforcement of Legal Measures of Narcotics Counteraction

The organization of legal enforcement of anti-narcotics measures falls

into three groups:

1) application of legal administrative and criminal legal norms

regulating the prevention and suppression of narcotics; 2) government legal

measures to set and refine law enforcement and other agencies combating

narcotics; 3) international anti-narcotics measures.

Group One includes compulsory treatment of drug addicts and measures

against drug-related crimes. Compulsory treatment of drug addicts is a law-

enforcement measure aimed at cutting down the non-medical use of narcotic

substances. It can be administered by the court to an addict who evades

voluntary treatment or who continues misusing drugs after a course of

treatment. If an addict commits a crime, the court metes out punishment in

combination with compulsory treatment.

Compulsory treatment of Drug Addicts:

Compulsory treatment is prescribed to all categories of abusers at medical

institutions with a specialized treatment procedure in the course of work

therapy. If criminal punishment is imposed, the treatment is executed at

the penitentiary during the term of imprisonment.

Placement of drug addicts to mandatory treatment centers is in the

domain of responsibilities of police departments. This activity goes hand

in hand with the following organizational measures:

identification of individuals perpetrating drugs abuse;

administering a medical examination, and a compulsory visit to a

medical institution in case of a refusal to undergo the procedure


compulsory hospitalization for complete check-up upon conclusion of a

narcologist (psychiatrist specializing in addictive conditions -

translator's note). Notification is given to the prosecutor's office and,

if an underage addict is hospitalized, to his or her parents.

timely and renewable registration of drug addicts at the drug-patient

monitoring clinics, and prophylactic registration of the individuals whose

misuse of drugs has not yet acquired the form of an illness;

supervision over the daily way of life of the registered patients and

checking their attempts to skip compulsory treatment, imposition of other

measures of educational, medical and legal influence;

issuance of documents for placing the addicts who avoid mandatory

treatment to rehabilitation and work-therapy clinics and specialized drug-

abuse Medicare centers; filing documents on treatment of evaders with the


escorting of addicts to the places of mandatory treatment, registration

of individuals who were formerly sentenced for drug-related crimes or fell

under administrative liability for misuse of drugs;

individual prophylactic measures against addicts to whom corrective

labor has been meted out without a term of imprisonment, or whose sentences

have been suspended or deferred;

treatment of drug addicts at corrective labor institutions

simultaneously with serving a term, supervision over inmates' treatment and


Organizational Law Enforcement Measures against Drug-related Crimes:

Other organizational law enforcement measures against narcotics-related

crimes are: locating the illegal plantations of narcotic-bearing crops and

identifying their growers, eradicating such plantations, securing

prohibitions to grow narcotic substance containing crops, making special

maps upon the inspections of gardens, private plots of land and wastelands,

cooperating with agriculture experts, army units and other departments

concerned, carrying out special task operations and disseminating

information on drugs.

It is of paramount importance to reorganize the system of guarding

government-controlled plantations of hemp and the like crops or create such

a system in the places where it is absent. This measure is closely linked

to the development of advanced methods of crop guarding, especially, in

harvesting seasons. Work by shifts and material incentives may prove

effective. Good results can also be obtained through the improvement of

technical and chemical means of protection.

To limit the access of the public at large to the areas of government-

sponsored drug- bearing crop plantations, it would stand to reason to

establish special passport and traffic control in such areas.

Organization of Measures to Suppress Drug-dealing:

The measures to suppress drug dealing are the most important issue at

present. Manufacture and trade in narcotics has become a branch of the

shadow economy. It is gaining momentum, creating production facilities and

channels of distribution. In a large number of cases the understaffed law

enforcement departments are unable to rebuff the onslaught of drug

manufacturers and offer sound alternatives to all aspects of drug abuse.

The illegal production of drugs that spill over the state borders and

continents is at the top of the world community's agenda. Particular

significance is attached to the clandestine drug laboratories.

In the wake of it, it is exigent to set up specialized police

departments, which will concentrate the officers of high professional

expertise, and to provide them with the necessary material and technical


Foreign experts believe tangible results in eradicating clandestine

laboratories can be achieved if police operations to uncover the channels

by which the raw materials arrive and the end product is dispatched are

synchronized with the efforts to block access to chemical substances and

equipment the manufacture of drugs requires. This, however, is not easy as

some drug synthesis components such as acetic anhydride, ether, benzene,

acetone are extensively used in the industrial sector. Their industrial

consumption is not controlled in practical terms since, in most countries,

legislation does not regulate the production, storage and use of these


Experts in Germany propose in this connection that the laws against

drugs should extend to cover these chemicals too. But the output and

industrial use of the above substances is so massive that the attempts to

take them under control within the boundaries of a single country have

yielded no results while entailing substantial expenditure on organizing

the control service.

Another measure suggested is marking the packing of chemical substances

with special marks that would help the police identify the country of

origin and the manufacturer. Such a step, however, is unproductive as in

most cases the police does not get a hold of packing of the chemicals which

had already been used.

Experts consider as more promising the special laboratory tests of the

confiscated narcotic substances and chemicals used in the manufacture of

drugs. The tests can be more helpful in identifying the country of origin,

elucidating specific features of the technological process and other

fundamental properties of the chemicals.

For instance, specialists of the German institute of criminology have

designed on the basis of the American and Swedish experience methods of

identifying the places of origin of heroin through chromatographic testing.

Experts believe the most effective way to control the proliferation of

the substances used in drug manufacturing could be the marking of such

substances with dyes or radiation. The weak point of the method is a

possible impact the marking may have on the qualities of the chemicals and

the end products. Besides, it would contradict the legislation of many

countries and some international agreements. That is why the researchers of

anti-narcotic methods tend to pin hopes on the method of a different nature

- self-control. It encompasses a set of police-proposed measures that are

effectuated by the services directly involved in actions against illegal

manufacturing, trafficking and trade in drugs, as well as by all companies

and individuals who have a connection with the manufacturing, sales and use

of narcotics and auxiliary chemicals. According to this concept, the

producers, suppliers and consumers of chemicals report to the police all

suspicious purchases. The police, in its turn, work out detailed

recommendation and criteria for such cases. Examples of these criteria are

above-the- statistic-average size of a purchased batch of chemicals, a

request from a new client, etc. Such kind of reporting gives the police

more opportunities to locate illegal laboratories, channels of raw

materials supplies and dispatch of the end product.

An imperative condition for putting in effect practical anti-narcotics

measures is stringent control over the narcotic raw materials and their

storage and limitations on trade in them.

It is important to note those drug-dealing affects the legitimate

turnover of narcotic substances. Violations of the rules of their storage,

manufacturing, and accounting continue increasing. There are

misappropriations and other offenses, including attacks on warehouses of

narcotic preparations in health centers, drug stores, etc. Executives do

not take adequate measures to safeguard narcotic substances and sometime

become accomplices in crimes. A possible explanation for this state of

affairs is the breach of the rules outlined above.

It is important to reveal violations of the effective rules of

manufacturing, storage, accounting, and sales of narcotic preparations,

invoking criminal liability when necessary. This necessitates joint steps

by the anti-drug units, licensing system of the internal affairs ministry,

fire detachments and units of extra-departmental guards.

The perpetrators of drug-related crimes' utmost secrecy calls for the

improvement in the procedures of investigation in strict compliance with

the criminal law procedures.

Crime Investigation Organizational Measures:

An important element in this process is the interaction between

detectives and investigators. The best and well-tested form of this

interaction is the setting-up of temporary or, as need be, permanently

functioning inquiry/investigation groups. These groups focus the efforts of

all branches of the police on drug-related crimes. The main directions of

activities (with due regard to the limits of professional competence of

each member of the group) are:

a) gathering and systematic analysis of all the incoming and requested

information on drug-related crimes and malefactors;

b) identification of criminal groupings and measures toward halting

their activities;

c) police actions to prevent and halt misappropriations of drugs and

other offenses in medicare institutions and other organizations;

d) police actions taken simultaneously with the investigation as

envisaged by the criminal law court procedure;

e) quality emergency investigation, completeness, objectivity and

timeliness of inquiry and investigation;

f) tactical planning and expedient conduct of search and technical

operations; professional conduct of operations; employment of investigation

and other technologies to supply the investigators with testimonies and eye-

witness accounts of the offenders' guilt;

g) professional analysis of the ways of using the results of search and

technical operations in investigation procedures.

Par. 4. Other Organizational Measures to Combat Narcotics

Narcotics can be overcome only if approaches to anti-narcotics activity

are fundamentally revised, its concrete trends are mapped out and the

control over the end results achieved by each ministry and department,

responsible for curbing this social evil.

Up-to-date scales and forms of narcotics proliferation show that the

measures, applied within the framework of established structures, are not

particularly successful. There is no proper interaction between the

ministries and the departments, called upon to handle these matters; work

is carried out far too often formally without essential drive, consistence,

and organization; the system of preventive, therapeutic, and rehabilitative

help remains inadequate; and anti-narcotic campaign is ineffective.

For this reason, organizational medical and law enforcement steps can

and must be backed by measures to resist drug abuse in all spheres and at

all levels of state power to avoid their imbalance and flaws in the all-out

anti-narcotics crusade.

The practical experience of daily anti-narcotics activity calls for a

significant impact from the top government agencies.

It is at this level that measures should be adopted for creating and

implementing a single national strategy against narcotics. For this end, a

single permanent executive body, empowered to control narcotics and capable

of coordinating comprehensive actions daily against drug addiction and drug-

related crimes must be created. The formation of such a body, representing

all the ministries and departments concerned, will make it possible to

organize a prompt and permanent government action against narcotics,

coordinate efforts of government agencies, and other organizations, as well

as individuals, and maintain contact with international organizations.

Lawmaking measures:

It is important to revitalize government-sponsored efforts toward

hammering out a single anti-narcotics legislation, matching international

standards, including 1) a law on the `control over the legal distribution

of narcotics, strong substances, precursors, and 2) on the responsibility

for such offences as: drugs extortion; illegal actions with government-

owned chemicals and special equipment and their use to make drugs; 3)

organizational forms of perpetrating drug-related crimes; 4) various

commercial and financial operations on money laundering.

Due to the latter, it is necessary to give law enforcement agencies

more authority to get from banks and other institutions and organizations

necessary data on accounts and other financial transactions of persons,

suspected of unlawful actions with narcotics.

Besides, it appears reasonable to amend the current legislation by

expanding authority and creating appropriate conditions for law-enforcement

agencies (police) to a) conduct searches of luggage, including carry-on

luggage, of passengers at all kinds of transport facilities, b) check

controlled shipments and cargoes, c) check state purchases of drugs, d)

conduct medical examinations of citizens, e) set a more flexible procedure

of placing drug addicts for medical treatment, f) a more flexible system of

administrative detaining and arresting of citizens, and g) to practice more

extensively the protocol form of pre-trial materials preparation.

Organizational Measures at Government Level:

It would be expedient to carry out a number of organizational anti-

narcotics measures at government level. They include:

- creating a stable system of information for regional law-enforcement

agencies about treaties, agreements, and protocols, concluded and signed by

countries, governments, and departments, about procedures and requirements

of signing such documents, about Interpol National Central Bank's

opportunities to combat specific types of crimes, and about requests'

formulation requirements;

- putting the NCB on round-the-clock duty to meet local requests;

- speeding up the creation of effective border customs control and

adopting measures against the use of a country as a transit point to ship

drugs to other regions;

- toughening control over the production and supplies of drug-bearing

substances in chemical pharmacology and other areas, where they are used

for lawful purposes.

A positive solution should be found to the issue of opening more

medical centers, improving anti-drug addiction therapy, and manufacturing

and acquiring more effective medicines, which involves much government

spending and a search for sources of funding. Simultaneously, special

government-financed short and long term comprehensive medical programs

should be worked out and put into effect to block the consumption and sale

of drugs; really re-socialize drug addicts; stop AIDS from spreading; spare

no effort toward revitalizing non-governmental organizations' activity,

aimed at reducing the demand for narcotics.

Measures to Train Personnel:

One should bear in mind that in most cases, the first contact with drug

addicts, that is with seriously ill people, is made by the officers of law

enforcement (police) agencies who have neither practical nor psychological

skills of dealing with ill persons. But even a physician is required

alongside professional knowledge, to display ethical norms, which quite

often are crucial for the recovery of mentally imbalanced patients. For

this reason, it is especially urgent and important to draw up teaching

aides and methodological recommendations for law- enforcement agencies, not

only on the tactics but also on the ethics of dealing with drug addicts,

especially young ones. It is necessary to put the experience, gained by the

police in anti-drug addiction prophylactic actions, into practice as soon

as possible.

Polish scientists identify three groups of young drug addicts: 1) those

who can but do not want to stop using drugs; 2) those who would like to

give up drugs but cannot do so on their own; 3) and those who do not want

and can not drop the ruinous dependence.

The principles of treating representatives of each of these groups

differ considerably. The experience of drug addicts' treatment shows that

two opposite trends dominate in the systems accepted up to date. The first

prefers tolerance, partnership, and medical treatment, excluding coercion

and punishment. The second envisages tough regimentation toward drug

addicts. However, there is one requirement that is common for both systems

- indispensable compliance with the principle of voluntary consent.

There are several varieties of pedagogics as industrial, military,

agricultural, and medical. The latter, also called orthopedagogics, deals

with upbringing children with defects. In the field of criminological

prophylaxis, essential is the role of resocialization, i.e. of the

educational effect on persons, poorly adapted to life in society. According

to the criminological literature, "the basic goal in penitentiaries, is to

create conditions for the social adaptation of persons after their prison

term is over.» All these sources of knowledge should be made instrumental

in combating drug abuse.

At the government level, interdepartmental programs involving a wide

range of experts and the media should be worked out and implemented on

educational and prophylactic campaign among the population.

Foreign Experience in Prophylactics:

Foreign experience deserves attention in this respect. Poland, for one,

attaches great significance to public anti-drug addiction campaigns.

Specialists are convinced that drug abuse should be addressed by the public

organizations and individuals, among them - well known scientists, artists,

writers, and clerics.

The catholic church plays a special role. Maximilian Conbeg's Society

has all parishes offered to its program of temperance, urging them to

abstain not only from drugs but also from all unnatural desires. The

program has been backed across the board. Each diocese has priests

specially trained to render professional aid to drug addicts and to help

them return to society.

The Catholic University offers a course of lectures, which are to help

drug addicts; the newly organized Drug Prevention Society has basic

activities coinciding with that of the government and its main tasks are to

treat drug addicts, return them to society and prevent drug-related crimes.

The Society provides therapy for drug afflicted persons, and

recommendations on how to regain the healthy way of life. The Polish

Psychiatrists' Society has an anti-drug addiction commission, pursuing

mainly scientific objectives.

The Monar youth movement immensely contributes to the anti-drug

campaign sparing no effort to return drug addicts to society by interacting

with medics. Religious and public organizations are actively involved in

anti-narcotics campaigns in other countries, too.

At the same time, it is only within the framework of a government-

sponsored program that all issues, pertaining to the destruction of drug-

bearing crops, must be addressed. For that it is necessary to create

independent agencies, furnished with advanced equipment, aircraft, motor

vehicles and other means. Such agencies can be allowed appropriate

functions only after clearance by a team of ecological experts. Here in,

strict criminal responsibility must be enforced for carrying out such

actions that destroy the environment and harm flora and fauna. There must

be compensation.

The solution of this issue depends upon the possibility of deploying

the armed forces. In the USA the army plays a key role in monitoring drug

trafficking routes. The Defense Department carries out the following

measures against criminal narco-business:

- searching for drug-bearing crops, secret laboratories, storages and

drug distribution points;

- discovering and destroying sources of producing drugs (cocaine,

marijuana, etc);

- putting under control all possible routes of smuggling drugs into the

country (by sea, by air, across land border);

- assisting state law-enforcement agencies in exposing the channels of

drug proliferation by using intelligence sensors and photo equipment in

border territories;

- coordinating operations to intercept ships and aircraft, suspected of

illegal drugs shipment;

- patrolling the coast by interceptor planes, ships, posting radars,

balloon systems to monitor low-flying objects, etc.;

- measures to get enlisted and non-enlisted army personnel cut drugs


In 1990, the military, using search equipment, capable of locating

submerged cables and pipelines, discovered an underground tunnel at the

border with Mexico, a tunnel through which huge consignments of drugs were

smuggled into the USA. In the last few years, four anti-narcotics

techniques have been in focus: computerized systems, advanced means of

communication, field laboratory analyzers, remote chemical detectors (photo-

acoustic and laser spectroscopes for locating specific drug production

sites.) Experts regard as promising instruments for checking baggage and

cargo containers. These instruments operate on nonlinear radar principles.

Organization of Comprehensive Studies:

By combining the efforts of scientists and experts it would be possible

to avoid haste with setting up new creative teams and, instead, apply to

the database for information, learn its source and its author, and decide

whether it's simpler to use it rather than carry out studies anew. Such an

approach would be quite beneficial for those whose work has so far been

wasted and for those who urgently need scientific information.

This would also speed up the process of solving a number of drug

problems by cutting the time for scientific research and decreasing

inevitable material costs.

Functions of the Head Branch of the Anti-narcotics Agency:

Changes in the given situation call for an appropriate effective

response, a revision of the content and volume of work, correction of

functions carried out at the departmental level.

Particularly responsible is the role of the head branch of the agency

integrated in the Ministry of Internal Affairs which studies, analyzes,

sums up and monitors information on narcotics in the country, informs

appropriate institutions and departments about it, sets priorities in

actions against narcotics, adopts measures to attain them, and carries out

other managerial functions. This agency also arranges and takes part in

concrete anti-narcotics campaigns. These include measures to prevent the

illegal growth of drug-bearing crops (plan, organize, and carry out POPPY

operations, etc.); to curb theft of drugs and highly effective medicinal

substances; discover underground laboratories (develop, plan and carry out

Doping operations); uncover the most sophisticated crimes (by taking direct

part in investigative and search actions upon arrival on site, providing

methodological, informational and technical aid); expose persons and

criminal gangs with inter-regional and international narco-business links;

join other services in carrying out preventive operations at airports,

railway stations, customs offices to detain criminals, check the baggage,

eliminate drug trafficking channels; upgrade work toward preventing and

exposing drug-related crimes.

The volume of applicable law measures at this level bears a selective

nature, being many inferiors to the volume of managerial and other

functions. It would be more rational and effective however to rid these

branches completely of any forms of direct involvement in preventing,

exposing, and curbing crimes and thereby extend managerial functions by

raising demands for professional leadership and service management by

augmenting the staff functions of these branches and limiting their role in

exposing and curbing crimes to appropriate qualified essential methods and

effective control.

Perfecting Internal Affairs Ministry Work:

To make law-enforcement agencies anti-drug trafficking activity more

efficient, the Internal Affairs Ministry could:

- draft comprehensive anti-drug addiction programs;

- perfect the departmental normative basis, create methods and analysis

teaching aids and video-films;

- participate in the work to bring republican anti-narcotics

legislation in line with the international acts;

- create a normative-legal basis to ensure a mechanism for bilateral

and multilateral international cooperation;

- work out, create, and introduce in day-to-day activity a mechanism of

control over the emerging narcotic situation and coordinate reaction to its


- adopt measures to provide the branches with appropriate equipment and

special devices;

- create automated information-search systems with wide-ranging

possibilities to combat criminal narco-business;

- set out short and long term guidelines;

- determine resources for the target-oriented organizational,

informative, promptly investigative and material-technical support of areas

with widespread drug abuse and rampant crime;

- control the formation of local branches and their activities;

- organize interaction between law-enforcement (police) agencies,

serving at areas where drugs are grown, trafficked, and consumed;

- coordinate various branches' activity to carry out joint measures

toward exposing criminal gangs with inter-regional contacts and carrying

out prophylactic measures on air, sea, river, and auto transport;

- form computer data banks on drug trafficking at republican and

international levels;

- follow the USA and other countries' experience in setting up special

mobile units, armed with the most advanced military hardware and teach

methods and ecologically safe technologies of drug crops' destruction;

- promote law-enforcement (police) agencies' cooperation with customs,

national security agencies, army and border troops;

- educate territorial agencies on various methods of work;

- plan cooperation with foreign agencies in preventing drugs and raw

material for narcotics from being smuggled in from other regions practicing

a specific form of controllable supplies envisaged by the 1988 UN

Convention and exert control over such cooperation;

- organize and control scientific research and apply it;

- to study, sum up, and apply positive foreign experience;

One should bear in mind that the campaign against narcotics is part of

the universal action against organized crime. Efficiency at the local level

makes it possible to expose not only drug-related crimes but also felonies,

especially those involving violence and theft.

If all these organizational measures are put into practice, the

campaign against narcotics in the Russian Federation will be more



The international community sees narcotics as one of the most dangerous

social evils. International legal acts, as well as national legislations,

including that of the Russian Federation, contain numerous norms regulating

actions against narcotics bound to suppress and prevent it. Moves are made

to perfect and update these norms so that they could counteract new forms

and methods of committing drug-related crimes. Naturally enough, legal

regulations trail after criminal thought in these and other criminal


To narrow the gap between the rapid advancement of criminal know-how

and the introduction of the new anti-crime legislation there is a need to

monitor the spread of narcotics, assess it, watch its dynamics, forecast

its progress and carry out appropriate research. Monitoring and research

are to help pinpoint the sensitive spots of drug abuse and work out new

legal norms and methods for dealing with them.

Highly important are the application of legal norms and the planning of

various measures aiming to oppose narcotics.

Private business has been made legal in the new social and economic

conditions. Under the guise of legally established private enterprises

underground drug manufacturing laboratories and drug trade hideouts

(houses, apartments) have begun functioning as unofficial operational

reports confirm. Illegal efforts to produce and sell drugs and the tendency

for their proliferation demand emergency antidrug legislation. Illegally-

operating drug-producing and drug-selling companies present a much bigger

threat to society than all other drug-related ventures do, now that they

(a) spread new varieties of and increasingly more hazardous drugs, (b)

increase, drug production and sales manifold, (c) promote an organized

system of narcobusiness and, consequently, the takeover of drug-trafficking

by organized criminal groups, (d) take monopoly control of drug-trafficking

and reap super-profits in this field, (e) take drug-trafficking operations

beyond the national borders and make use of their foreign connections for

the acquisition, manufacture, transportation, sending, smuggling and sale

of drugs. Their activities prompt many related crimes.

All this calls for moves to update the Russian Criminal Code with

articles on legal responsibility for the production and sale of drugs which

must be considered to belong to the categories of serious and most serious

criminal offenses punishable by ten to fifteen years of imprisonment and

the confiscation of property.

The climatic conditions on the territory of Russian Federation favor

the natural growth and cultivation of drug-bearing plants, which may be, or

are already, used for the purpose of drug production. This calls for the

need to constantly perfect methods of exposing and destroying such plants,

both those that are wild and those that are raised, which, in turn, calls

for a wide range of financial and organizational efforts.

Its geographic and geopolitical position makes the Russian Federation a

convenient trans-shipment point on the road from Asia to other former

Soviet republics and on to Europe. The Russian government, its law-

enforcement agencies, in particular, must, as a result, check illegal

attempts to take drugs across the national border, bolster up its customs

services and see to it that they upgrade their performance and work in

close cooperation with the territorial and traffic police and other

agencies expected to carry out programs of action against narcotics.

The newly gained independence requires that the Russian Federation

confront two problems directly related to narcotics and efforts to overcome


First of all, borders between Russia and other former Soviet republics

show the highest degree of transparency, i.e. border-crossing presents

almost no problem. Given the geographic and geopolitical position of

Russia, the transparency of the national border aggravates the problem of

drug smuggling and calls for the need to essentially fortify the border and

better customs control along it.

Secondly, there is the problem of international relations in the field

of narcotics and international efforts to deal with it. There are two

angles to this second problem. Now that it has gained sovereignty, Russia

has to assume upon itself the functions of establishing and maintaining

international relations, especially since it represents a sort of a link in

the chain that ties drug- producers and drug-consuming regions together.

The second angle of this problem lies in the fact that once being a

part of the Soviet Union, Russian Federation neither faced nor could

possibly face obstacles concerning the jurisdiction of its anti-crime

effort, including crimes committed on territories of different Soviet

republics. Now that they are sovereign nations, the former Soviet republics

have national borders, which, transparent as they are, make legal action

against criminal elements possible only in the context of international

relations and in keeping with international agreements. This, naturally,

complicates the timely launching of operational and investigative actions

aimed at solving criminal cases including those of drug-trafficking.


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