In the long run this leads to a curtailment of society's physical and
intellectual potential as a whole, such as lower standards in education and
labor productivity. This, in turn, causes a reduction in the amount of
material and other benefits produced by society and of resources for
various government-run programs. There is also an increase in the number of
cases of accidents in industry and, as a consequence the increasing failure
to meet the output targets.
It is therefore essential to develop economic levers to oppose narco-
business, including the money laundering. This has been poorly done so far,
as no economic measures for combating narcotics have been developed and
applied in practice. These tasks require an independent study by economists
and lawyers.
Ecological Dimension:
The ecological dimension of measures against drug abuse is linked to
the legal regulation that puts restrictions on the preservation and
dissemination of drug-bearing plants. This amounts to a ban on their
cultivation and destruction of the fields without any damage to the
environment. The cultivation of such plants is expected to be limited to
specially allotted areas where drug-bearing plants can be sown for medical
purposes only.
International Dimention:
The international dimention of measures against drug abuse is
manifested in various legislative, and law enforcement measures at the
international level.
In sum, this system of measures covers a totality of numerous, diverse,
complementary and carefully outlined programs that have social, legal,
criminological, medical, economic, ecological, organizational and
international dimensions.
Par. 2. Classification of Measures to Overcome Drug Abuse
The essence of the system of measures to overcome drug abuse can be
understood by their classification in view of the diversity of these
measures. By establishing their different categories and distributing them
into various groups, this classification would make it possible to give
each measure its own niche, to define its boundaries and its relationship
to other measures. This classification makes it possible to determine the
degree of each measure's significance and its priority in terms of its
practical implementation.
It is important to group them by contents, form, level, subject of
application, and type. As for legal measures, they should be grouped in
accordance with different branches of law.
The Content of Measures to Overcome Drug Abuse:
The measures to overcome drug abuse carried out by the UN Commission on
Drugs of the UN Economic and Social Council, by the UN International
Committee on Drug Control and by other international agencies can be
grouped into the following categories: analytical, organizational, training
and educational, research, technical, medical, economic, financial,
international law, preventive, monitoring, legislative, and criminal.
Analytical component is needed in order to be able to make use of a
complex system of collecting and assessing data about drug abuse, to
evaluate the extent of the illegal use of drugs in different countries
worldwide, and to make data available on the seizure of large quantities of
narcotics to interested parties.
Organizational component of measures is aimed at setting up
international agencies to control drugs and to combat drug trade; assisting
countries in developing national policies on such control; supporting
projects, promoting national law enforcement agencies; defining direction
of programs and ensuring the organizational backing of such programs;
estimating the amount of illegal cultivation of drug-bearing plants in
areas difficult and dangerous to access. Governmental measures should
include adoption and fulfillment of national programs to overcome drug
abuse by forming special law-enforcement, medical and other institutions,
as well as special services and squads to combat drug trade; taking stock
of lands used to cultivate drug-bearing plants; arranging control over the
production, storage, consumption, an shipments of drugs, especially across
national borders, as well as over the actions for pharmaceutical and
medical centers.
The training and educational component includes educating specialists
in law-enforcement agencies, mass media, narcological centers, and social
services.
The research component aims to define and analyze data on drug abuse,
to work out recommendations for overcoming it, to set up and run special
research labs, and to find new ways of ending drug addiction.
The technical component includes identifying drugs, designing equipment
for special labs, developing remote control devices to spot fields of drug-
bearing crops.
The medical component of measures is: to promote a system of
rehabilitative treatment for drug users; to choose appropriate curative
programs; and work on methods to reduce the spread of infectious diseases
among drug users.
The economic component consists chiefly in funding various programs and
projects, combating drug abuse, supporting programs reducing demand for
drugs and their supply, encouraging and supporting populations which had
switched to cultivating farm crops on territories where drug-bearing plants
had been grown previously.
The financial component involves measures against money laundering.
Financial operations by drug moguls aimed at making their earnings legal
are the most vulnerable part for the criminals. In view of this, the
Committee for Banking Rules and Banking Supervision issued a statement on
December 12th, 1988 that calls for preventing criminal uses of the banking
system for laundering cash obtained from drug trafficking. It requires that
the international banking community use extreme discretion while
identifying clients. The statement also calls for more cooperation with
judicial systems and police institutions in halting the legalization of
cash from drug trafficking. Many countries have accepted that the
principles contained in this statement are applicable to the operation of
their own financial systems. In keeping with a decision of the G Seven
countries and of the European Commission Chairman at the 15th economic
summit in Paris in July 1989, a special operational group on financial
issues was started. It produced 40 recommendations made public in February
1990. It also analyzed world financial flows, banking and financial systems
and methods for laundering cash. The group found some weak spots and
undertook a number of other steps. All the countries, who are members of
this group and (in keeping with its recommendations) some other countries
declared that they viewed participation in laundering cash as a criminal
act and started special services to investigate leads on shady deals
reported by subunits of the financial system. At the recommendation of the
special operational group on finances, the UN International Committee on
Drug Control called on all governments to pass and effectively use
appropriate legislative acts to stop money laundering, to confiscate the
property of drug dealers, and to consider a possibility of lifting the
burden of proving the legitimacy of supposed incomes or of other property
subject to confiscation under par. 7 of Article 5 of the 1988 Convention
even if this may require legal or constitutional amendments.
Among the international law components of measures are those calling
for reciprocal legal support of countries working to combat drug
trafficking. It is essential to make extradition easier, to strengthen
international cooperation against illegal drug trafficking, as well as to
promote the international system of control over medicinal drugs and
psychotropes.
The preventive measures are comprised of destroying illegal plantations
of drug-bearing crops; preventing a transfer of drugs and of their
components from the legal sphere to the illegal one; curbing illegal drug
trafficking; reducing the demand for drugs; preventing the use of
narcotics, particularly, in places of employment, eliminating the addicts'
pads, illegal labs where narcotics are made and stores which sell them;
promoting social rehabilitation of drug addicts and encouraging education
campaigns against drugs.
The control component of measures envisages supervision over the
following areas: the growing of drug-bearing plants, to rule out a
"leakage" of the legitimately grown plants: illegal sowing and raising;
production of narcotics, their acquisition, storage, stocking and
dispensing; commercial trade turnover in special equipment used for
producing drugs, as well as in raw materials; semi-finished products,
chemicals and narcotic analogies; international parcel post deliveries as a
vehicle for sending narcotics; ships sailing on the high seas and planes
flying in international space; transit through customs' ports; approaches
to land, sea and air borders; and deliveries of drugs for treatments at
hospitals.
The most important law-making measure is that of bringing national
legislation in line with international conventions on narco-business.
The common criminal measures are those applied in every country, as
criminal responsibility for illegal drug trafficking, sowing and raising
drug-bearing plants as well as for other socially dangerous actions related
to drugs. These measures cover both punishments for the above-listed crimes
and also confiscation of tools and of income earned from the illegal drug
trafficking.
Other measures include improving judiciary and legal systems such as
law-enforcement bodies, courts of law, penitentiary and post penitentiary
programs, customs and education.
Forms of Measures to Overcome Drug Abuse:
The classification of measures to overcome drug abuse can be subdivided
into two groups: those having legal form and those that do not, i.e. those
which are regulated and unregulated by the law accordingly.
Measures to Overcome Drug Abuse Regulated by the Law:
The legal measures against drug abuse include compulsory educational;
compulsory medical; preventive- repressive; repressive; those ensuring
active participation of citizens in combating crimes, in preventing and
curbing them; as well as procedural and organizational managerial. The
compulsory medical, preventive repressive and repressive measures are those
aimed at suppressing drug abuse and the compulsory educational-at
preventing it.
Organizational managerial measures on the basis of administrative legal
norms, determine in general terms, the status of curative educational and
curative labor centers providing treatments to drug addicts, and the
competence of law-enforcement agencies and of the court regarding the
compulsory placing of drug addicts for treatment. In addition, there are
also measures, containing the following provisions: to build up, on the
national scale, a network of bodies and institutions whose functions will
amount to combating drug-related crimes; to record the number of addicts
and provide treatments to them; to promote departmental cooperation in the
work of combating narcotics; many organizational managerial measures are
specified by international law, registered in conventions, agreements,
treaties and other documents.
Measures to Overcome Drug Abuse Unregulated by the Law:
The second group of measures to overcome drug abuse are those which are
not regulated by the law. They are informational, analytical,
organizational, educational, scientific, technological, medical and
preventive, as well as other measures that bear no relation to compulsion.
It is the group of legal measures, which can be subdivided into law
branches. Such norms, as suggested above, can be found in the civil,
family, labor, administrative, and criminal codes.
The Level of Measures to Combat Drug Abuse:
Measures to combat drug abuse can be divided into the following four
levels: international, social, special and individual.
Measures at the international level are applied by various countries
throughout the world. They are particularly binding in the countries, which
have joined international treaties by ratifying them. This category of
measures may include any of the previously listed such as informational,
analytical, research, technical, medical, economical, financial,
preventive, control, and law-making.
Social measures are those used on a national scale and meant to
influence society as a whole. They include preventive, law-making, criminal
and other legal measures, as well as the ones embracing the entire society
such as informational, analytical, organizational, managerial, medical,
economical, and others.
Special measures aim to overcome drug abuse and influence, on the one
hand, certain kinds of harmful activities linked to drugs, and on the
other, restrain persons inclined to carry out such activities or drug
addicts. Measures aimed against certain kinds of activities include, for
example, actions to destroy illegally sown crops or wild drug-bearing
plants, may include measures in regard to specific individuals, attempts to
cure drug addicts; to reveal and record the names of people inclined to
commit drug-related crimes, or persons already convicted for such crimes;
to prevent such people from committing more crimes; and to help persons
from high risk groups avoid situations which may induce drug use.
Measures in regard to individuals cover steps taken in relation to
those persons who use drugs or those who have committed or tend to commit
crimes or other law-breaking acts involving drugs. They include steps
providing drug addicts with an opportunity to undergo treatment or making
them, if necessary, to undergo treatment, instituting criminal proceedings
or using administrative measures against persons who have committed crimes,
as well as preventing or warding off potentially socially dangerous actions
involving drugs, etc. Medical, preventive, administrative, legal, criminal,
criminal procedural and criminal executive measures can also be seen as
measures in regard to individuals.
The Subjects of Measures to Overcome Drug Abuse:
The measures to overcome drug abuse can be grouped by institutions
implementing them. There are international agencies and organizations,
medical institutions, law-making bodies, law-enforcement agencies,
executive government branches, specially created agencies, groups and other
organizations.
The Commission on Narcotics of the UN Economic and Social Council and
the UN International Committee on Drug Control are permanently functioning
international agencies. Various conferences and symposia on actions against
drug abuse discussed and worked out conventions, programs, decisions,
projects, and recommendations. These can be referred to as temporarily
operating organizations. Conferences of member-states, i.e. of their
official representatives, have the right to approve conventions and other
normative documents subsequently ranked as international law acts. After
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