Рефераты. International Combating The Crimes Harming The Economic Development Of States

Illegal operations with narcotic means and psychotropic substances are the most widespread among considered crimes. Attempts of the states alone to combat these crimes were almost unsuccessful. The epidemic of drug habit went worldwide.


In 1909 there was the  first international organization to struggle against the drug abusing — Shanghai commission. It coordinated cooperation of the states in the struggle against an illegal turn-over of drugs, which has become to be qualified as an international criminal offence.


Now only in the UN, there are several commissions who act in the field of  combating these crimes:


- UN Commission on narcotic means, which determines the policy of international community in the field of the international control of drugs. In its structure 40 members appointed by Economic and Social Council (ECOSOS) of the UN;


- The department of the UN on narcotic means in Vienna. It acts  for the abovementioned Commission as Secretariat and supports political will of governments by granting the information and services of the experts;


- International council of controlling the narcotic means (ICCNM), consists of 13 members - experts appointed by ECOSOS for supervision over action of system of the international agreements for controlling  drugs and psychotropic substances. Annually it  presents the report on world situation in the field of the control drugs and psychotropic substances;


- the United Nations Fund of Drug Abuse Control (UNFDAC), which is financed at  the cost of voluntary contributions, helps countries in planning and realization of the specific programs of the drugs control and rehabilitation of drug addicts. In 1989 the Fund rendered the assistance in realization of 152 projects in 49 states;


- the United Nations Drug Control Programme (UNDCP), according to which General Assembly of the  UN annually hears the report of the General Secretary about realization of the World program of actions on combating against illegal production, offer, demand, turn-over and distribution of narcotic means and psychotropic substances. Such attention is not casual. The public danger of these crimes grows. The object of their encroachment is not only health of the people, but also external economic relations among the states, damage to pharmaceutical and other branches of national economy. They render negative influence on the relations with those countries, which  condone offences in this area and default the international obligations, taken per.


Along with growth and distribution of drug addiction there had been developed the  process of development, perfection and rapprochement of the international and national legislation on directions of agreements between the states and national measures of criminal, administrative and medical character.


The first international agreement became the Hague convention adopted 1912, which  fixed the following basic rules:


- the production and distribution of crude opium should be supervised by legislation;


- its smoking should be eradicated;


- the production, sale and use of drugs should be limited by the law extremely in the medical purposes etc.


Subsequently 9 international agreements on struggle against considered crimes had been adopted. Among them it is necessary to mention the Convention on prohibition of illegal trade of narcotic means adopted in 1936.


With the purposes of unification of the numerous international norms of law, in 1961 the Uniform convention on the narcotic means which have replaced all earlier  Conventions in this area except for the Convention 1936 was adopted .


The article 36 of Single Convention describes 18 punishable acts: cultivation, production, manufacturing, extraction, preparation, storage, offer with commercial objectives, distribution, purchase, sale, delivery on any terms, brokerage, dispatch, transshipment in transit, delivery, importation and exportation of drugs made in infringement of the Convention norms.


Besides, the Convention gives the interpretation  of cultivation, importation, exportation and other acts. This list cannot be full, therefore the state in norms of the national legislation can recognize criminal, for example, consumption of drugs.


All of them are conditionally subdivided into illegal operations manufacturing-oriented of narcotic means, their sale and purchase and transportation.


The experts know about 500 kinds of narcotic means, which are made in mainly from  plants which contain narcotic substances. (poppy, hemp, coca, cannabis and etc.). Narcotic properties have also psychotropic substances, which cause in the person relaxation, hallucination or depression.


They are artificially created medicines, rendering influence on mental functions of the person. They are even known as tranquilizers or antidepressants.


It establishes the measures regulating  the control of production and distribution of psychotropic substances, gives their provisional list, sets  the criminality and punishability of these acts at the discretion of states. In the Convention there is no list criminally punishable acts.


Both conventions order the states, that all serious and deliberate illegal operations with narcotic means and psychotropic substances be punished by the imprisonment or other punishment connected with deprivation of freedom (article 36 of Convention of 1961 and article 22 of Convention of 1971).


In violation of these norms Iran, Iraq, Pakistan, Malaysia and other countries (about 12) established death penalty for the use and distribution of drugs.


The conventions provide a territorial principle of punishment of criminals, i.e. under the laws of the state, on which territory the crimes are accomplished.


On a place of detention of a criminal the jurisdiction is carried out only for  the reason  of inadmissibility of his extradition.


The UN Convention of maritime law also contains the norm about struggle against these crimes. Under the maritime law. According to an article 108 all states cooperate in suppression of illegal trade of drugs and psychotropic substances realized by ships in the high sea in violation of the international rules.


The Convention 1988 determines as criminal the following acts: production, manufacturing, extraction, distribution, sale, delivery on any terms, transportation, import or export, and also cultivation of poppy, cocaine sheets, cannabis with the purposes of illegal production of drugs.


The public instigation or prompting others to fulfillment such acts and introduction into criminal arrangement with the purposes of their fulfillment (article 3) is punished also.


Besides the deprivation of freedom states should apply the fines and confiscation. The opportunity of application to guilty of such measures, as treatment, reclaiming, restoration of work capability, social reintegration (item 4 of an article 30) is fixed.


Here are listed the following aggravating circumstances: the organized group, application of the weapon, violence, involving in criminal activity of the minors, and also previous conviction(s), especially for a similar offence.


Also there is typical instruction which determines that the states in necessary cases establish long terms of punishment for considered crimes. The Convention has a special article of «extradition» (article 6).


The mutual legal help in investigation and proceeding of criminal cases detailed  is also described.


The Viennese UN’s international Convention obliges the states-participants to harmonize the national legislative norms in conformity with the rules of this Convention. (article 3). It assumes to approach the norms of national and international legislation maximally in order to  establish the uniform responsibility for dealing with an illegal turn-over of narcotic means and psychotropic substances.


Necessity of acceptance of the given measure on my sight  has been caused by the following objective reasons. Firstly, in the majority of countries of the world there is no uniform complex and comprehensive legislation and criminal policy concerning drugs in national legal systems.


Secondly, the national criminal doctrine of the  developed states relating to the drug addiction is focused less punishable, than in the developing countries.


Thirdly, the legislation of significant number of the states takes under the control only so-called natural drugs and it appears unable to control psychotropic substances. In the rare cases, when such control occurs, it is carried out not by means of criminal law, but by the norms of administrative law which frequently have blurred formulations, insufficient for strict and specific control.


Fourthly, in the legislation of the majority of countries there is no uniformity in a terminology in classifications of drugs, in definition of crimes and other offences, in establishment of punishment, and also in details of administrative and judicial procedures and etc.


This international Convention has played an important role not only in elimination of these defects of the national legislation in combating an illegal turn-over of narcotic substances, but also has introduced the worthy contribution to its systematization.


The UN Commission on narcotic substances on its plenary meeting 29.01.1990 adopted the decision on updating the List of the Uniform Convention on narcotic means 1961 by new kinds of narcotic means and the list of the UN Convention on psychotropic substances 1971 - psychotropic substances. These substances were also defined in the national legislation of a number of the states - members of the Convention 1988. The similar changes continued to occur.


Characteristically, that the person, voluntarily returned drugs, is released from the criminal liability for their purchase, storage, carriage and transfer the storage, carriage and transfer of consumed narcotic means.  Is not pursued in criminal order and person who voluntarily has applied to medical establishment to get  the medical assistance in connection with consumption of drugs in  nonmedical purposes.


 


Counterfeiting is the most ancient international criminal offence. It has emerged simultaneously with replacement of natural commodity with money. From ancient times not only separate persons, but also states were engaged in counterfeiting, which by similar actions tried to undermine economy of other states to weaken them and to achieve victory in war.

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