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31Review of law sciences
Djamaliddin Musaev,
Senior Lecturer of the Customs Institute
LEGAL COOPERATION OF CIS COUNTRIES IN THE FIGHT AGAINST ILLEGAL TRAFFIC DRUG
Annotation: This article examines the international legal cooperation of the member states of the Commonwealth of Independent States in the fight against drug trafficking.
The article analyzes the work to create effective regional international legal mechanisms to combat the illegal distribution of drugs, among which the interaction of states in the framework of the Commonwealth of Independent States occupies a special place.
The experience of bilateral and regional cooperation of states in the fight against drug trafficking, analysis of the legal basis of cooperation in states within the framework of the Commonwealth of Independent States was studied.
The author focuses on the analysis of the Charter of the Commonwealth of Independent States of January 22, 1993, the Agreement on Interaction and Cooperation of Customs Services in Combating Illicit Traffic in Narcotic Drugs and Psychotropic Substances of July 8, 1994, and the Agreement on Cooperation of the Member States of the Commonwealth of Independent States in the fight against crime of November 25, 1998 and the multilateral intergovernmental Agreement on cooperation in the fight against drug trafficking within the framework of the Commonwealth of Independent Stress on November 30, 2000.
Keywords: drug threat, international cooperation, drugs, psychotropic substances, Commonwealth of Independent States, interaction, development prospects, United Nations.
Джамалиддин Мусаев,
старший преподаватель Таможенного института ГТК РУз
ПРАВОВОЕ СОТРУДНИЧЕСТВО СТРАН СНГ В БОРЬБЕ С НЕЗАКОННЫМ ОБОРОТОМ НАРКОТИКОВ
Аннотация: в настоящей статье исследуется международно-правовое сотрудничество государств-участников Содружества Независимых государств в области борьбы с наркобизнесом. Также анализируется работа по созданию эффективных региональных международно-правовых механизмов противодействия незаконному распространению наркотиков, среди которых особое место занимает взаимодействие государств в рамках Содружества Независимых государств.
Изучен опыт двустороннего и регионального сотрудничества государств в борьбе с наркобизнесом, анализа правовой основы сотрудничества в государств в рамках Содружества независимых государств.
Основное внимание автор уделяет анализу Устава СНГ от 22 января 1993 года, Соглашения о взаимодействии и сотрудничестве таможенных служб в борьбе с незаконным оборотом наркотических средств и психотропных веществ от 8 июля 1994 года, Соглашении о сотрудничестве государств-участников СНГ в борьбе с преступностью от 25 ноября 1998 года и многостороннего межправительственного Соглашения о сотрудничестве в борьбе с незаконным оборотом наркотиков в рамках Содружества Независимых государств от 30 ноября 2000 года.
Ключевые слова: наркоугроза, международное сотрудничество, наркотики, психотропные вещества, Содружества Независимых государств, взаимодействие, перспективы развития, Организация Объединенных Наций.
Джамалиддин Мусаев,
Давлат божхона кумитаси Божхона институти катта укитувчиси
НАРКОТИК МОДДАЛАРНИНГ НОЦОНУНИЙ АЙЛАНИШИГА ЦАРШИ КУРАШДА МДХ,ГА АЪЗО ДАВЛАТЛАРНИНГ ^УЦУЦИЙ ^АМКОРЛИГИ
Аннотация: ушбу мацолада Мустацил Давлатлар Х^амдустлигига аъзо давлатларнинг наркотик моддаларнинг ноцонуний айланишига царши кураш со%асидаги халцаро %уцуций %амкорлиги ёритилган.
Мацолада наркотик моддаларнинг ноцонуний тарцалишига царши кураш со%асида самарали минтацавий халцаро %уцуций механизмларни яратиш борасидаги ишлар та%лил цилинади, улар орасида МДХга аъзо давлатларнинг узаро муносабатлари ало%ида урин тутади.
Наркотик моддаларнинг ноцонуний айланишига царши курашда МДХга аъзо давлатлар уртасидаги икки томонлама ва минтацавий %амкорлик тажрибаси %амда улар уртасидаги %амкорликнинг %уцуций асослари урганилди.
Муаллиф Мустацил Давлатлар Хамдустлигининг 1993 йил 22 январдаги Хартиясини, 1994 йил 8 июлдаги "Гиё%вандлик воситалари ва психотроп моддаларнинг ноцонуний айланишига царши курашда божхона хизматларининг узаро %амкорлиги тугрисида"ги битимни, 2000 йил 30 ноябрдаги "МДХдоирасида наркотикларнинг ноцонуний айланишига царши кураш со%асида %амкорлик тугрисида"ги %укуматлараро битимни ва 1998 йил 25 ноябрдаги "Жиноятчиликка царши курашишда МДХга аъзо давлатлар билан узаро %амкорлик тугрисида"ги битимни та%лил цилишга асосий эътиборни царатган.
Калит сузлар: гиё%вандлик тахдиди, халцаро %амкорлик, гиё%вандлик воситалари, психотроп моддалар, Мустацил Давлатлар Хамдустлиги, узаро муносабатлар, ривожланиш истицболлари, Бирлашган Миллатлар Ташкилоти.
Currently, there is not a single state that does not realize the acuteness of issues related to the spread of drug trafficking.
The problem of illegal drug production and trafficking, drug addiction and the spread of transnational organized crime are global topical problems facing the entire world community.
A divided struggle against the drug business is futile; it is possible to overcome the real threat to the economy, culture, gene pool and security of the peoples of the Commonwealth only by joint efforts coordinated in many areas of the fight against crime [1].
The first step in creating international bodies to prevent drug abuse was the convening of the Shanghai Opium Commission from February 5 to 26, 1909. Currently, a whole system of treaties, conventions, and protocols has emerged regarding the illicit trafficking of narcotic drugs.
The current system of international legal acts on the issue under consideration consists mainly of three international legal acts:
The Single Convention on Narcotic Drugs consists of 51 articles and 4 additional lists of narcotic drugs, which are distributed depending on the degree of control applied to them.
Its content is reduced mainly to the description of control measures in relation to finished drugs, as well as untreated opium, poppy straws, cocaine bush and cannabis.
Additionally, in order to enforce the Convention, decisions were made. This act contains the idea of the need for treatment and a return to normal activities of drug addicts and the adoption of punitive measures for distributors.
In 1972, the UN ECOSOC adopted the Protocol on Amendments to the Single Convention on Narcotic Drugs of 1961, which significantly expands the scope of the Convention on the relative prosecution and punishment of perpetrators of crimes.
The 1988 UN Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances governs,
measures to eliminate illegal cultivation of drug-containing plants, international cooperation in the field of law enforcement and training;
control of substances used for the illicit manufacture of narcotic drugs;
legal assistance;
sanctions for drug smuggling;
confiscation of income and property acquired as a result of drug trafficking;
extradition.
At the international level, tremendous efforts are being made by the United Nations. They consist mainly of global monitoring of the state of drug affairs and the development of general recommendations to governments regarding the fight against drug addiction.
The problem of drug addiction is raised in almost all key documents of the UN and its specialized organizations of the UN Commission on Narcotic Drugs. The International Narcotics Control Board and the United Nations International Drug Control Program (UNCCD).
One of the main international bodies dealing with the problems of illegal drug production and trafficking, drug addiction and the spread of transnational organized crime is the Office for Drug Control and Crime Prevention.
This Office is comprised of the United Nations International Drug Control Program and the Center for International Crime Prevention. The United Nations International Crime Prevention Program plays a catalytic role in developing a common strategy to eradicate illicit crops and drug trafficking.
This strategy is based on the fact that the drug problem must be dealt with holistically, and therefore require close cooperation of the program with its national and international partners.
Together with the states, it sets the task of developing a more effective policy in the field of prevention and treatment and rehabilitation of drug addiction, which is a common misfortune of all mankind.
At the twentieth special session of the General Assembly, Member States made a historic commitment to eradicate or substantially reduce the illicit cultivation of drug crops by 2008, as well as the obligation to adopt national legislation and anti-money laundering programs by 2003.
The importance of issues related to the coordination of efforts of states in the fight against drug trafficking was also emphasized. However, the success of this fight depends on the effectiveness of joint action [2].
In the interaction of states in the fight against drug trafficking, it is very important to take into account the specific features of a particular region in order to achieve a positive result.
Of particular concern is the fusion of transnational drug trafficking with international terrorism. The proceeds from the sale of drugs often go to support separatist regimes and the purchase of weapons.
The UN Security Council resolution of September 28, 2001 under No. 1373, which was adopted in response to the September 11, 2001 terrorist attack in New York, Washington and Pennsylvania, once again proves this latest threat to public safety and the need for coordination among all states.
The 1988 UN Convention against the Illicit Traffic in Narcotic Drugs and Psychotropic Substances contained provisions on the use of the possibilities of bilateral and multilateral cooperation in this field. Article 10, paragraph 3, of the 1988 Convention states that "States may conclude bilateral or multilateral agreements or arrangements to enhance the effectiveness of international cooperation pursuant to this article and may take into account financial arrangements in this regard" [3].
Based on article 6 of paragraph 11 of the 1988 Convention, "the parties shall endeavor to conclude bilateral and multilateral agreements with a view to implementing or increasing efficiency with a view to implementing or increasing the effectiveness of extradition" [4].
The beginning of the active involvement of the Republic of Uzbekistan and other Commonwealth member states in the system of international drug trafficking was laid in 1991.
According to experts from the International Association for the Fight against Drug Addiction and Drug Trafficking, in recent years the situation with the use and distribution of narcotic substances in the Republic of Uzbekistan and the CIS republics has become much more complicated.
This problem has attracted international attention. The negative impact of the drug business on the socio-political situation in the countries of the Commonwealth of Independent States is growing, increasing the threat to public order and stability, to state and political institutions.
The expansion of the drug trade is usually facilitated by a whole range of reasons, among which are historical traditions, the economic downturn, the imperfection of the legislative system, transparency of borders, lack of control for the governments of certain territories and the availability of bases for the production, processing and storage of raw materials.
In connection with the foregoing, it is of scientific and practical interest to study the experience of bilateral and regional cooperation of states in the fight against the drug business, to analyze the legal basis of cooperation in states within the framework of the Commonwealth of Independent States.
The basis for the interaction of states in the fight against the drug business is the normative acts on the basis of which the Commonwealth itself was created. The CIS was created in 1991, which included most of the former republics of the USSR. The CIS Charter, signed in 1993, established that the Commonwealth was created on the basis of the sovereign equality of all its members [5].
Member States are independent and equal subjects of international law. Article 4 of the CIS Charter relates to the areas of joint activities implemented on an equal basis through coordinating institutions and includes the fight against organized crime.
Article 5 of the CIS Charter defines the basic legal framework for interstate relations within the framework of the Commonwealth, multilateral and bilateral agreements in various fields of relations between member states.
The issues of combating drug trafficking are reflected in various agreements adopted in the
CIS.
Let us dwell on some of them.
The Republic of Uzbekistan has signed the 1992 Agreement on Cooperation between the Ministries of the Interior to Combat Illicit Trafficking in Narcotic Drugs and Psychotropic Substances.
The importance of this Agreement is that it has drawn up a mechanism for interaction in this area with the internal affairs bodies of the CIS countries.
Also, the Agreement on cooperation and mutual assistance in customs matters. We especially note the Agreement on the Principles of Customs Policy, signed on March 13, 1992 in Moscow. Effective cooperation in border and customs issues also contributes to the active counteraction to the drug business.
So, in accordance with Article 4 of the Agreement on Cooperation of the Member States of the Commonwealth to ensure a stable situation at the external borders, the participating states agreed on the interaction of border troops, state (national) security services, internal affairs, customs authorities, phytosanitary control services and consular services. The Agreement provides for forms of cooperation in the fight against drug trafficking.
A special role in the legal regulation of the interaction of the CIS member states in the fight against drug trafficking is played by agreements on combating crime.
The Interstate Program of Joint Measures to Combat Organized Crime and Other Types of Dangerous Crimes, adopted by the Council of Heads of State of the CIS in May 1996, for the period up to 2000, was a significant step in intensifying the fight against drug trafficking within the framework of the Commonwealth of Independent States.
It should be noted that issues related to combating drug trafficking are considered at meetings of the Council of Ministers of the Interior of the Commonwealth countries.
At the meetings, additional measures are determined to enhance cooperation between the internal affairs bodies of these states in relation to the drug business. In accordance with the Agreement on the Cooperation of the Member States of the Commonwealth of Independent States in the fight against crime in 1998.
The parties undertook to cooperate in the prevention, suppression, detection, disclosure and investigation of a number of criminal acts, including illicit trafficking in narcotic drugs, psychotropic substances and precursors.
This Agreement contains an indication of the special role of special bodies involved in the fight against crime, and encourages the conclusion of international departmental agreements.
Within the CIS, a number of international legal acts were concluded, namely,
- The 1982 Agreement on the Interaction of the Ministries of the Interior of Independent States in the Fight against Crime, the 1994 Agreement on the Interaction and Cooperation of Customs Services in Combating the Illicit Traffic in Narcotic Drugs and Psychotropic Substances and others.
Some of the phenomena faced by the Commonwealth of Independent States at the present stage create the prerequisites for complicating the criminal situation. One of the factors can be called illegal migration, which helps to intensify the activities of criminal groups, including those involved in drug trafficking.
In order to counter this phenomenon, in 1998, an Agreement was adopted on the cooperation of the CIS member states in the fight against illegal migration, which creates a legal basis for cooperation.
The issues of providing legal assistance in the process of combating crime were reflected in the Convention on Legal Assistance and Legal Relations in Civil, Family and Criminal Cases of 1993 and the Protocol of 1997 to the aforementioned Convention.
The fight against crime in the CIS countries is carried out in various forms. In order to intensify it, a Bureau was created to coordinate the fight against organized crime and other dangerous types of crimes on the territory of the member states of the Commonwealth of Independent States in 1997.
The following institutions were established: The Council of Ministers of the Interior of the States Parties to the Commonwealth of Independent States of 1996, the Coordinating Council of Prosecutors General of the States Parties to the Commonwealth of Independent States, 1995.
In the agreements specifically devoted to the fight against illicit trafficking in narcotic drugs and psychotropic substances in 1994, special attention was paid to issues of information exchange. The information is divided into two groups:
constantly sent to the depositary of the Agreement, which, upon request, sends such information to any party;
sent on their own initiative or upon request to an interested party. The first group included:
information on methods to combat drug trafficking; information on the use of technical equipment and specially trained dogs;
information about specialists with experience in teaching methods to combat drug trafficking;
regulations, publications, scientific professional and educational work on the fight against drug trafficking;
information on new types of drugs, technologies and places of their production, routes of their illegal transportation and ways of concealing them;
information on the principles of the organization of customs control of drugs, new methods and methods for their detection;
information on chemicals used for the illicit manufacture of narcotic drugs and psychotropic substances included in tables 1 and 2 of the 1988 UN Convention on the Suppression of the Illicit Traffic of Narcotic Drugs and Psychotropic Substances that come from or through these countries; genuine samples of drugs and other dangerous substances of plant and synthetic origin; information in the field of identification and laboratory analysis of drugs. The second group included:
information on specific facts and events related to the detection of illegal drug trafficking from the territory of one State Party or illegally imported into such territory;
information about suspected or known persons involved in drug trafficking; information on vehicles, goods or postal items used in drug trafficking in transit through the territory of any member state or illegally imported into such territory;
information on concealment and masking methods used in drug trafficking.
With regard to information, they introduced a requirement for its confidentiality, as well as a restriction on the transfer of information (without the consent of one of the participating states, if the dissemination of information could harm its interests or the interests of joint actions) to the media.
In addition, the aforementioned Agreement provides for other forms of cooperation:
monitoring the entry and exit of persons suspected of involvement in drug trafficking, as well as cargo, vehicles and mail, in respect of which there are suspicions that they are used in drug trafficking;
the implementation of agreed measures and operations to block channels for the illegal movement of narcotic drugs, including controlled deliveries;
ensuring that officials of one participating State act as witnesses or experts before a court or authorities of another state based on a formal request from the latter in connection with a violation of laws relating to drug trafficking;
mutual consultations to coordinate and improve cooperation [6].
The listed forms of cooperation were enshrined in the Agreement on cooperation of the CIS member states in the fight against crime of 1998. The legal basis for the cooperation of the CIS member states in the fight against drug trafficking is represented by various international legal acts:
• Statutory documents of the Commonwealth.
• Normative acts regulating certain areas of cooperation (border, customs, etc.)
• International legal documents specifically dedicated to this issue. These documents regulate the following forms of cooperation:
• execution of requests
• information exchange
• assistance in conducting operational investigative measures and procedural actions
• exchange of work experience, scientific developments, educational literature, assistance in training. The existing agreements regulate the fight against organized crime, which, among other things, addresses the fight against the drug business as a whole.
However, the regulatory framework for cooperation needs further development and improvement. Undoubtedly, the need arose for the CIS member states to conclude a special international legal act regulating in detail the issues of the fight against the drug business in particular. Each criminal activity has its own characteristics. In this regard, measures to counteract such activities are distinguished by their specificity.
They must be specified in a special agreement. The existing legal framework regulates the fight against drug trafficking in conjunction with measures to counter other criminal acts. Therefore, these normative legal acts lack specificity and do not fully take into account the issues of counteracting precisely the illicit trafficking of narcotic drugs.
You can not consider the fight against drug trafficking isolated from the fight against other criminal acts. In addition, to expand and improve their activities, drug traffickers are trying to legalize funds received as a result of drug trafficking.
In this regard, the fight against drug trafficking must be linked to countering international terrorism and the legalization of criminal proceeds, which should be reflected in special international legal acts. The negative impact of the drug business on the socio-political situation in the Commonwealth states is growing, increasing in them a threat to public order and stability, to state and political institutions.
As for the Republic of Uzbekistan, it signed the Vienna Convention for the Suppression of the Drug Trafficking and entered Interpol. The next step is to solve the problem of money laundering, which includes the development of legislation and mechanisms for its application, the development of cooperation with the GAFI, as well as the EU countries.
Intensification of inter-regional cooperation is needed, especially with the European Union. At a meeting of the Coordinating Council of Prosecutors General of the CIS countries in 1996, it was noted that communities and drug syndicates are striving to create new routes across the borders of the Commonwealth, a global drug distribution network in Eastern and Western Europe.
Central Asia, other areas neighboring the CIS, conquer new markets in vast spaces. Therefore, European states are interested in creating and improving permanent and lasting contacts with law enforcement agencies of the CIS states.
In international agreements of an interdepartmental nature, the provisions of universal international treaties must be developed and specified taking into account the peculiarities of the region.
However, this rule is not always taken into account. Thus, in accordance with Article 7 of the Agreement on Interaction and Cooperation between Customs Services in Combating the Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 1994, the issues of controlled deliveries are not clearly regulated.
The basis for their implementation is laid down in the 1988 UN Convention against the Illicit Traffic in Narcotic Drugs and Psychotropic Substances. An important issue is the improvement of interaction between law enforcement agencies of the Commonwealth states in matters of operational-search activity. It has been repeatedly noted that in the CIS, many criminal communities of now independent states are actively establishing interstate and transnational ties. This is especially true for the drug business.
People who are citizens of different countries often participate in the commission of these crimes; therefore, criminal groups have long gone beyond the framework of one state and are interstate and international [7].
On November 30, 2000, a multilateral intergovernmental Agreement on cooperation in the fight against drug trafficking within the CIS was signed in Minsk. Work continues on the unification of the criminal procedure legislation of the Commonwealth countries.
The Ministers of the Interior of Kazakhstan, Kyrgyzstan, Russia, Tajikistan and Uzbekistan approved the Regulation "On Interstate Permanent Working Groups on the Organization and Conducting Controlled Supplies of Drugs, Psychotropic Substances and Precursors".
However, most agreements on combating organized crime deal primarily with the prosecution and punishment of those involved in criminal activities.
It is necessary to specify the provisions of the relevant international legal acts, focusing on the issues of combating precisely organized drug trafficking communities.
Being one of the burning topics for the Commonwealth states, the topic of drug addiction and the drug business raises the problem of increasing the effectiveness of the relevant international law in the Republic of Uzbekistan, which is predetermined by a combination of certain factors.
This is the conscientious fulfillment by states of their obligations ("pacta sunt servanda" -"contracts must be executed"), the quality of the internal perfection of the norm, its logic, substantial characteristics, and much more [8].
It seems insufficient to just introduce international legal norms into domestic law. It is necessary to provide additional support for the implementation of international law by adopting
the relevant rules of law by the state itself or by introducing amendments and additions to existing legal norms.
Thus, the connection between the implementation of international law and measures to transform international legal norms into national laws and regulations is demonstrated.
Ratified international treaties take precedence over national legislation, however, this provision does not apply to the treaties to which it has acceded (and many countries participating in the Commonwealth have acceded to, rather than ratify, these conventions).
Bilateral agreements on legal assistance, local conventions on the transfer of convicts, general international treaties (conventions) for the fight against certain crimes, containing rules on the procedure for legal cooperation.
The corresponding legal framework is available in the Republic of Uzbekistan.
This, for example. Convention on Legal Assistance and Legal Relations in Civil, Family, and Criminal Matters (Minsk, January 22, 93 - CIS);
Protocol to the Convention on Legal Assistance, signed on January 22, 1993 (M., March 28, 1997 - CIS);
Numerous agreements on cooperation in the field of drug control (CIS countries, etc.).
Thus, a generalized description of the legal cooperation of the member states of the Commonwealth in the fight against drug trafficking underlines the high degree of relevance of this problem at present for states.
In this regard, one cannot but note the weak effectiveness of measures taken to combat drug trafficking in order to ensure the international security of the Commonwealth.
This circumstance requires particularly close attention and thoughtful comprehensive measures to counteract the drug business.
It is necessary to bring the national legislation of the CIS participants in line with international standards, harmonize and align them, develop cooperation not only at the universal, regional and bilateral levels, but also with the UN and UNDCP, the Council of Europe and others, strengthen interstate ties, and facilitate the early signing of a multilateral anti-drug agreement.
Review of law sciences References:
1. Bolotsky B.C., Volevodz A.G. et al. Combating money laundering from the drug business in the Commonwealth countries. - M., 2001. Page 24.
2. UN Bulletin UN Office in the Russian Federation 2000. January - February. Page 4
3. Kolosov Yu.M., Krivchikova E.S. Applicable international law. T.Z. - M., 1997. P. 76.
4. Kolosov UM, Krivchikova ES Current international law. T.Z., - M., 1997. P. 72.
5. International law in documents. - M., 2000. P. 283.
6. A collection of regulatory acts governing the interaction of member states of the Commonwealth of Independent States in the fight against crime. Vol. 1. - M., 1998. P. 141-
7. Bolotsky B.C., A.G. Volevodz. The fight against money laundering from the drug business in the Commonwealth countries. - M., 2001. P. 26-28.
8. See Gasayev E.G. The fight against drug crime. - M: Training and Advisory Center'' YurInfoR. 2000. P. 11-15.
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