Legislative Initiatives Regarding the Tightening of the Responsibility for Non-Fulfillment of the Obligation to Undergo Treatment for Drug Addiction: Problems and Future Visions

Various psychoactive substances that are in illegal circulation cause significant damage to the health of the population. Discussions among scientists about measures to reduce the level of drug use have not been stopped for many decades. The main goal of all researches is to search for effective anti-narcotic drugs and the implementation into practice of new technologies to counter drug crime. Following the scientists, a legislator tries to choose the most optimal designs that allow an objective and comprehensive assessment of the actions of violators, taking into account the need to save repressive measures. In the first edition, the current Criminal Code of the Russian Federation allowed the use of compulsory medical measures to persons with an established diagnosis of "drug addiction". Later, the measures of compulsory treatment were recognized as inhumane and abolished. They were replaced by the institution of imposing by the court on a drug addict the obligation to undergo treatment for drug addiction, medical and (or) social rehabilitation. As an interim measure, a legislator in 2013 put into effect Article 6.9.1 of the Code of Administrative Offences of the Russian Federation, which provides liability for evading a drug addict from the duty imposed by the court. Currently, a legislator offers to tighten the responsibility of a drug addict for evading treatment and rehabilitation by introducing an administrative prejudice. The conducted research has shown that it is possible to achieve the desired result by other means.

Pola Spasial Kriminalitas Narkoba di Kota Kendari

The development of narcotics in Kendari City has spread to ten sub-districts. The purpose of this research is (1) for analyzing the spatial pattern of drug crime in Kendari City, (2) for analyze the factors causing drug crime in Kendari City; (3) for analyze the factors causing drug crime in Kendari City. The analytical method used in this research is spatial analysis and qualitative descriptive analysis. The results of the study show (1) The spatial pattern of drug crime in Kendari City spreads across ten sub-districts in Kendari City which tends to cluster. 2) Hypothesis testing states that the infrastructure development program the factors causing drug crime in Kendari City are depression factors, economic factors, education factors, trial and error factors, environmental factors, dependency factors, family factors; and (3) Efforts to overcome narcotics abuse of drug crime in Kendari City are Pre-Emtif Efforts, namely (a) Increasing self-confidence in God Almighty, (b) Providing correct and intensive information, (c) Encouraging the creation of alternative community livelihoods . Preventive Efforts are (a) Conducting Counseling on the Dangers of Narcotics Abuse, (b) Conducting Community Disease Operations (Operation Concentrated), (c) City Government Efforts. Repressive efforts are conducting investigations and investigations of perpetrators of narcotics abuse crimes. Persuasive Efforts are to provide encouragement for anti-drug villages where some of these areas are the most frequent criminal acts of narcotics abuse, curative (treatment), rehabilitative (rehabilitation), and socialization. Keywords: Spatial Pattern, Criminal, DrugsPerkembangan narkotika di Kota Kendari menyebar ke sepuluh kecamatan. Tujuan dari penelitian ini yaitu (1) menganalisis pola spasial krimalitas narkoba di Kota Kendari, (2) menganalisis faktor penyebab tindak kriminalitas narkoba di Kota Kendari; dan (3) menganalisis upaya penanggulangan penyalahgunaan narkotika kriminalitas narkoba di Kota Kendari. Analisis data yang digunakan dalam penelitian ini adalah analisis spasial dan analisis deskriptif kualitatif. Hasil penelitian menunjukan (1) Pola spasial krimalitas narkoba di Kota Kendari menyebar disepuluh kecamatan di Kota Kendari yang cenderung mengelompok. 2) Pengujian hipotesis menyatakan bahwa program pengembangan infrastruktur faktor penyebab tindak kriminalitas narkoba di Kota Kendari adalah faktor depresi, faktor ekonomi, faktor pendidikan, faktor coba-coba, faktor lingkungan, faktor ketergantungan, faktor keluarga; dan (3) Upaya penanggulangan penyalahgunaan narkotika kriminalitas narkoba di Kota Kendari adalah Upaya Pre - Emtif yaitu (a) Meningkatkan keimanan diri terhadap Tuhan Yang Maha Esa, (b) Memberikan informasi yang benar dan intensif, (c) Mendorong terciptanya alternative mata pencaharian masyarakat. Upaya Preventif yaitu (a) Mengadakan Penyuluhan mengenai Bahaya Tindak Pidana Penyalahgunaan Narkotika, (b) Mengadakan Operasi Penyakit Masyarakat (Operasi Pekat), (c) Usaha Pemerintah Kota. Upaya Represif yaitu melakukan penyelidikan dan penyidikan terhadap pelaku tindak pidana penyalahgunaan narkotika. Upaya Persuasif yaitu memberikan dorongan bagi kampung anti narkoba yang mana beberapa wilayah tersebut paling sering terjadi tindak pidana penyalahgunaan narkotika, Kuratif (pengobatan), Rehabilitatif (rehabilitas), serta sosialisasi. Kata Kunci : Pola Spasial, Kriminalitis, Narkoba

Drug crime transformation under the effect of online platforms

Many types of drug crimes are already known, but it is common to offender groups to implement them in an organised, coordinated, multi-level framework. Affected by online platforms, drug crimes are undergoing a transformation that presents new challenges for the authorities. Criminal groups also like to (re)take the opportunities offered by the Internet. Platforms that connect to the Dark Web, the Dark Internet (secret network form), have become increasingly popular over the past few years, thanks to the fact that there are also services available which are not available by traditional browsers. Coordinated cooperation between several countries, over several years, is needed to ensure successful detection in cyberspace. This is illustrated by a current EUROPOL report, published on 12 January 2021, which shows that a successful liquidation has occurred in the case of DarkMarket, one of the largest illegal marketplaces, requiring the cooperation of several European Union Member States and several non-European Union countries. In the face of the coronavirus epidemic, organised crime groups are still trying to remain active and resilient, which is not a challenge in the online space at this time, although drug delivery models needed to be changed, but they are trying to maintain the constant cycle of the market through their hiding methods. In my study, I am also looking for answers how the detection and recovery of criminal property is carried out at national and international level, in cases where drug crime takes place in the online space. What is the path of illegally acquired criminal property, how can financial profiling be carried out in these cases? In case of drug offences, we are talking about a special asset recovery where is no victim demanded, because there are very few known victims existing. With my study, I intend to capture the current topicality of drug crime, by detecting methods of committing crimes in the online space, internationally and domestically, and by exploring the current processes of asset discovery and recovery. In this way, I wish to provide results that can be used by the profession.

CRIMINAL LIABILITY FOR CRIMES IN THE FIELD OF ILLICIT DRUG TRAFFICKING: THE HISTORY OF THE FORMATION OF LEGISLATION

Преступность, связанная с незаконным оборотом наркотических средств и психотропных веществ, традиционно занимает достаточно большую долю в общей структуре как национальной, так и международной преступности. Несмотря на принимаемые совместными усилиями правоохранителей разных стран меры, ежегодный наркотрафик демонстрирует стабильную динамику роста. В последние годы размах торговли наркотиками в мире достиг невообразимых масштабов - более 560 млрд долларов в год, что причиняет огромный ущерб экономике стран с высоким уровнем заболевания наркоманией. Государство вынуждено тратить огромные средства на сдерживание наркотизации, что также отнимает силы и ресурсы. Криминологические исследования наркопреступности показывают рост всех показателей, ее характеризующих, как в мире в целом, так и в отдельных странах. Более того, наркотизация общества влечет за собой целый ряд крайне негативных социальных явлений: распространение ВИЧ-инфекции, резкое снижение уровня здоровья населения, моральную деградацию и падение нравственности в обществе и многие другие. Среди наиболее опасных проявлений и тенденций развития современной наркопреступности можно выделить следующие: повсеместное внедрение информационных технологий в нашу жизнь вооружило торговцев наркотиками новыми способами «удаленного» сбыта, а также практически безграничными возможностями по рекламе и продвижению своего преступного «товара»; во-вторых, нельзя не заметить ориентированность наркобизнеса на максимально широкое вовлечение молодежи в наркопотребление. В статье автор проводит анализ конкретных исторических этапов развития уголовного законодательства в части борьбы с незаконным оборотом наркотиков. Crime related to illicit trafficking in narcotic drugs and psychotropic substances traditionally occupies a fairly large share in the overall structure of both national and international crime. Despite the measures taken by the joint efforts of law enforcement agencies of different countries, the annual drug trafficking shows a stable growth dynamics. In recent years, the scale of drug trafficking in the world has reached unimaginable proportions - more than 560 billion dollars a year-which causes huge damage to the economies of countries with a high level of drug addiction. The State is forced to spend huge amounts of money to curb drug addiction, which also takes away forces and resources. Criminological studies of drug crime show an increase in all indicators that characterize it, both in the world as a whole and in individual countries. Moreover, the narcosis of society entails a number of extremely negative social phenomena: the spread of HIV infection, a sharp decline in the level of public health, moral degradation and a decline in morality in society, and many others. Among the most dangerous manifestations and trends in the development of modern drug crime, the following can be distinguished: the widespread introduction of information technologies into our lives has armed drug traffickers with new ways of «remote» sales, as well as almost limitless opportunities for advertising and promoting their criminal «goods»; secondly, it is impossible not to notice the orientation of the drug business to the widest possible involvement of young people in drug use. In the article, the author analyzes specific historical stages of the development of criminal legislation in the fight against drug trafficking.

Tackling Drug-Lords in a Nascent Market: Raids and Drug Crime in Uruguay

This article analyzes the effects of police raids for different types of crime in the most conflictive neighborhoods of Montevideo, Uruguay. Interrupted time-series and intervention models are estimated using different specifications of geographical area where the crackdowns occurred and also different control strategies to produce robust results. The effect of crackdowns on crime reporting is mixed; evidence suggesting crackdowns may produce short- and long-term effects on crime depending on their ability to affect gangs’ competition for the territory and the market. It appears that the effects of raids are sensitive to the context of the criminal situation. Crackdowns are not consistently effective in influencing crime. Evidence shows it is hard to reach levels of critical enforcement through 1-day crackdowns and that crackdowns’ ability to alter drug-market conditions would depend not only on the ability to extract drug dealers from the territory but also in preventing a rapid return.

To the issue of improving the mechanism of drug criminality counteraction

The article deals with the problematic issues of improving the functioning of the mechanism of combating drug crime and on this basis formulated recommendations aimed at improving the legal basis and practice of crimino-logical impact on drug crime. It is concluded that the search for directions of rationalization of the mechanism of combating drug crime can and should be conducted by revealing the degree of influence of the whole management mechanism, its individual elements on the objects of criminological influence in the sphere of combating drug crime, in particular, on the state of law, ensuring public safety, combating crime. The first direction of improvement of the mechanism of combating drug crime is the necessity of a scientifically grounded approach in determining the objective activity for combating drug crime on the basis of objective social needs. The formation of the subject competence of the subjects of combating drug crime must be laid down in three important conditions: first, the prin-ciple of separation of powers, according to which law enforcement agencies are assigned to the executive branch of power; secondly, the protection of only the part of the public relations which the offender encroaches upon by committing a criminal offense can be attributed to the substantive activity of law enforcement agencies; third, law enforcement agencies may be subject only to those relationships that objectively require coercive measures. Another important direction of improving the mechanism of combating drug crime is to bring the crime management system in line with the requirements of scientifically sound principles. These are the principles of balance of rights and re-sponsibilities, personal responsibility of the official for the actions or decisions taken, differentiation of competences of different bodies, divisions and officials, fixing them in the normative legal acts, conformity of the position, deter-mining the main executive level, proportional application coercive measures, etc. It is emphasized that the structural and organizational improvement of the mechanism of combating drug crime necessitates the need to determine the structure - the leader of state policy in this field, as well as the subjects of direct counteraction to drug crime. In view of these circumstances, it is important to create an organizational model of the mechanism for combating drug crime, which would include, first, the enhancement of the status of coordination bodies under the Cabinet of Ministers of Ukraine; secondly, the organizational units in the structure of the executive power of the regional level, which would provide at this level the organization of anti-narcotic activities, especially outside the sphere of law enforcement agencies; third, coordination units providing structurally (by directions): operational-search activities, external intelligence, pre-trial investigation, administrative activities in the field of control over legal drug traffick-ing, providing a single information base on drug trafficking and combating drug crime, other areas counteraction, due to the nature of the complex operational environment.

Coordination of law enforcement agencies’ activites in the sphere of drug criminality counteraction

The article deals with the concepts and forms of coordination of the activities of law enforcement agencies in the field of combating drug crime. It is determined that coordination is important because this activity is done through the concerted efforts of different actors. These include public authorities at various levels, non-state actors repre-senting the interests of civil society, as well as individual citizens through various forms of self-organization of the population that can effectively counteract the illicit trafficking of drugs, provided that their activities are optimally coordinated. However, under domestic conditions, for a long time, it is not possible to make an effective choice of coordinator as a subject, which fully coordinates the sectoral activity of all involved in the process of combating drug abuse of institutions and organizations. Summarizing the material available on this issue, the authors identified certain trends in solving this issue. According to the results of the analysis, an organizational model was proposed, where the role of the coordinator of anti-narcotic activities was assigned to the Interagency Interaction Center in the sphere of combating criminal drug trafficking, which would operate under the Department of Combating Nar-cotics of the National Police of Ukraine. Assessing the role of the prosecutor’s office as an organizer of the fight against crime in general, including criminal drug trafficking, it is stated that this agency is intended to coordinate the activities of all law enforcement agencies in the implementation of their various functions of criminal justice, that is, on a wide range of tasks. The authors emphasize that there is also a need to coordinate search operations as the most effective law enforcement function in the field of combating criminal drug trafficking. The authors consider the National Police of Ukraine Department of Drug Crime to be the optimal working body to ensure coordination of actions of all these operational units of law enforcement agencies, as having in its arsenal strategic and tactical approaches of joint operational work in the sphere of criminal drug trafficking. At the same time, these units will not lose their position as a subject of ARD in the anti-narcotic sphere. It is emphasized that the implementation of the proposed coordination mechanism in the practice of law enforcement agencies in a qualified and professional approach to its application will serve to increase the efficiency of coordination activities, requiring law enforcement agencies to apply modern methods of coordination, correct definition of strategy and tactics of interaction on coun-teraction, counteraction cases of substitution and duplication.

SOME ASPECTS OF DRUG SECURITY IN THE SIBERIAN FEDERAL DISTRICT IN THE CONTEXT OF ANNUAL MONITORING OF DRUG SITUATION

The state of drug situation is an important component of security enforcement of modern society. In this regard, narcotism, the effectiveness of the implementation of anti-drug policy by the state and public institutions are annually studied in various areas. In the article based on the study of statistical data on hospitalization of patients in the organizations of the Ministry of Health of the Russian Federation with a diagnosis of «drug addiction», the amount of drugs and psychotropic substances seized by law enforcement agencies from illegal drug trafficking, as well as the level of drug crime, the drug situation in the Siberian Federal District is analyzed. Also, when assessing narcotism, the results of sociological research as an integral part of the annual monitoring of the drug situation were used. Special attention is paid to the consideration of the movement of drugs of the opium group, the state of opium addiction, determination of the most problematic federal subjects located within the district. An attempt to determine the most probable transit regions and the concentration of narcotic drugs and psychotropic substances is made. Reasoning from the analysis carried out, attention is drawn to the high level of drug tension in the district, exceeding in some areas the corresponding indicators across the Russian Federation.

Capabilities of Forensic Molecular Genetic Analysis in Establishing the Taxonomic Affiliation of Objects of Plant Origin

The control over the circulation of plants containing narcotic drugs or psychotropic substances (or their precursors) is one of the most critical aspects of the fight against drug crime. The forensic botanical examination uses classical morphological and anatomical analysis methods, which are not always informative enough when identifying species membership of shredded and degraded plant objects; similarly, they do not allow to establish their individual-specific identity. The molecular genetic methods of plant analysis and the comparative databases could serve as valuable tools for law enforcement purposes. In particular, in the production of forensic molecular genetic analysis of narcotic plants presented in powder, it is crucial to determine the taxonomic affiliation of the objects since this information affects the qualification of the crime. As a case the author presents the materials of an additional forensic examination conducted in the Russian Federal Centre of Forensic Science of the Ministry of Justice of the Russian Federation, the results of which had a significant impact on the qualification of the committed offense.