Drug abuse: Tendencies and ways to overcome itРефераты >> Иностранные языки >> Drug abuse: Tendencies and ways to overcome it
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 interesting.
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 amendments).
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 supervision.
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.