Drug abuse: Tendencies and ways to overcome it

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

vulnerable.

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

crimes).

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

seized.

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

insufficient.

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

crimes.

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

addiction.

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

education.

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:

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