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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 qualifications.
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.
Реферат опубликован: 14/12/2009