Drug Possession in Russia - Case Study Example

Drug Possession in Russia Blake Campbell Criminology Young 11/13 Nowadays, drug abuse and circulation are an extremely concerning issue in Russian Federation. According to statistical data collected by the Federal Narcotics Control Service, the number of drug addicts is now almost twice larger than in 2002 (Oxford Analytica, 2009). “Russian law enforcement sources point to the enormous and rapid rise of the drug trade within Russia as reflected in the number of users, the geographical spread of the problem and the variety of drugs used” (Shelley, 2006). Another evidence is the UN report issued in 2008, stating that “the weight of heroin seizures increased by almost two times” in comparison to 2006 (United Nations Office on Drugs and Crime, 2008). According to the same report, the major varieties of drugs consumed in Russia are cannabis, opium, heroin and synthetic drugs. Due to considerable increase in drug use in the society, the list of narcotic substances was expanded; due to this, drugs trafficking has acquired concerning scale. As this issue is rather up-to-date, it would be useful to cover the information about the ways in which Russian authorities deal with it. Though drug possession does not produce direct negative effect on people (like drug use itself does), it is one of the most socially hazardous crimes, as illegal drug possession, trafficking and marketing lead to degradation of the nation and increase in overall crime rate of the state. Nowadays, Russia suffers from the relatively high crime rate, with 5% of all reported crimes being illegal drug circulation. Thus, drug-related crimes constitute a considerable part of the overall crime statistics. The government is concerned with this problem, as the country is likely to be engulfed by the drug addiction “boom”. In order to prevent this, Russian authorities develop and use various punitive or correctional measures for those citizens who use, possess or distribute drugs. In modern Russia, the government attaches much importance to antidrug policy, changing and improving it through years. Initially, starting with 1970’s, drug addicts were legally recognized as a threat to other people, they were treated like offenders and were subject to the punitive approach (for instance, in psychiatry) (Klingemann & Hunt, 1998). However, despite existence of a wide legal framework incorporating over 200 presidential decrees and over a hundred bylaws issued by the State Duma, Russia’s parliament, the problem of illicit drug use, trafficking and possession remains significant (Hoogenboom, 1997). The legislations issued before 2003 displayed rather harsh approach towards dealing with drug possession and trafficking, presupposing criminal liability for a wide category of offenders. People accused of possessing any amount of narcotic substances would be put into jail, according to the laws that were in force earlier. To provide an example, “under previous Russian law, smoking marijuana or being caught with as little as one-tenth of a gram of it could bring a three-year prison sentence” (Smith, 2004). However, the Criminal Code underwent changes in 2003, and the amendments were made to draw the line between illegal drug possession in drug users and that of drug traffickers. Moreover, the Duma revised definitions of large and extra large amounts of narcotic substances. Nevertheless, the criminal code doesn’t contain specific definitions for the amounts of possessed, trafficked or used narcotic substances (Criminal Code of Russian Federation). The newly established policy was intended to find balance between drug crimes and punishment. As a result, changes in definitions and ways of punishment managed to protect those offenders that were convicted for possession of small amounts of drugs for a short period of time. When an offender is caught with ten or less doses of any narcotic substance intended for personal use, there is no legal prescription for imprisonment as a punishment measure anymore – instead, there can be a fine, community service or forcible treatment. Generally, the term “drug possession” is predominantly used and referred to together with purchase, sale and trafficking. Thus, the main types of penalties prescribed by the law for this type of crime are meant for all these offenses, varying in accordance with amounts: the larger the amount – the stiffer the penalty. In this way, possession, trafficking, purchase, sale, production and processing of narcotic substances in civilian circulation are prohibited and lead to administrative or criminal liability (fine, community service or imprisonment). In case the offender was caught with a small amount of drugs, the authorities mainly impose administrative penalties (e.g. the offender’s salary for three months). At the same time, the court imposes one of the following types of punishment: a fine, custodial constraint, correctional labor or freedom restraint. Offenders convicted for the same offenses, but in large amounts, are punished with imprisonment for the term from three to ten years or a fine (a considerable sum consisting of the income for up to three years). Naturally, the level of average income in the Russian Federation wouldn’t enable paying such fine, thus the main punishment measure is imprisonment. Finally, these offenses involving extra large amounts of drugs lead to imprisonment for ten to fifteen years or freedom restraint and the fine mentioned above. Judging by these measures, Russian authorities consider drug crimes to be rather socially dangerous and thus develop the range of preventive and punitive measures to stop spreading of drugs. At the same time, according to the criminal code, offenders, who voluntarily hand in drugs, psychotropic substances and their analogues or help in prevention and investigation of other crimes alike, are released from criminal liability for their offenses. Thus, a person possessing drugs who willingly hands them in to the police, is not punished due to the criminal code (Criminal Code of Russian Federation). In addition, the offender must hand in his/her drug reserves beforehand, but not in the moment of apprehension. Of course, being concerned with the increase in illegal drug circulation and use, Russian authorities introduce preventive measures, including antidrug propaganda, informing the population and placing all the information on government websites. Keeping in mind wide popularity of marijuana in the country, the government tries to reduce the amount of hemp growing in the land property. The authorities demand that landowners eliminate all wild plants containing narcotic substances on their territories. Failure to eliminate these plants is even punished by a fine of up to 2 thousand rubles for civilians and up to 40 thousand rubles for juridicial entities. Federal Drug Control Service of the Russian Federation (FKSN) has been the key government body to deal with drug possession and trafficking. This office is controlled personally by the president and is aimed at struggling with illicit circulation of narcotic and psychotropic substances and their precursors (ingredients or raw materials), and also controlling their legal circulation (for those used for medical purposes). The predecessor of this organization was established in 2002 and was called The State Committee for Combat the Illicit Trafficking in Narcotic Drugs and Psychotropic Substances, being in jurisdiction of the Ministry of Internal Affairs. The modern organization performs several important functions, including ensuring that Russian law about drugs, psychotropic substances and their precursors is complied with; performing inquisitorial activity in accordance with Russian law, and controlling circulation of medical drugs and psychotropic substances. In addition, the organization is responsible for educational activity concerning the harm caused by drug use, the tips for parents to prevent or identify drug use in their children and so on. Whereas the punitive measure has been much more liberal than before, there ‘is still a problem connected with violation of human rights in the process of dealing with drug-related crimes in the Russian Federation. International human rights organizations report countless violations occurring in the process of detention, trial etc. For instance, according to Human Rights Watch data, Russia belongs to the range of countries where people caught using or possessing drugs are forcefully put into treatment institutions without a trial and are kept in poor conditions (Human Rights Watch). Those who are deterred without trial and put into prisons, suffer from unfavorable conditions imposing risks of HIV, tuberculosis and hepatitis C. Moreover, the police often use the federal law in order to extort confessions from suspected offenders – either users or those suspected in drug possession (Human Rights Watch). If a drug user is on the stage of withdrawal, this can be easily used to extort confessions of larger amounts of drugs possessed or even money. In conclusion, it would be apropos to say that, according to the provided information, contemporary Russia is facing a serious problem connected with drug trafficking and use among its citizens. Understanding clearly, how impairing this increase in drug circulation might be, the government doesn’t stay cold and tries to solve the issue in various ways. Whereas earlier the laws of the country were harsher towards drugs possession and trafficking, the current legislation is more tolerant, prescribing serious punishment only depending on the amount of narcotic substance possessed, produced or distributed (the amount virtually determines the punitive measure). However, the government still has much to do in order to stop spreading of drugs and prevent catastrophic consequences. References: Criminal Code of Russian Federation. Retrieved November 19, 2014 (http://legislationline.org/documents/section/criminal-codes/country/7) Hoogenboom, A.B. 1997. Policing the Future. Martinus Nijhoff Publishers. p.121.  Human Rights Watch Website. (2014) Drug Policy and Human Rights Retrieved November 13, 2014 (http://www.hrw.org/node/82339) Klingemann, H. & Hunt, G. 1998. Drug Treatment Systems in an International Perspective: Drugs, Demons, and Delinquents. SAGE Publications, p.119. Retrieved November 13, 2014 (http://www.google.com.ua/books?hl=ru&lr=&id=zap1AwAAQBAJ&oi=fnd&pg=PA117&dq=russia+drug+possession&ots=JtgnbJJrKg&sig=YSMx0KOlA1TpUAT7adt47Skb68U&redir_esc=y#v=onepage&q=russia%20drug%20possession&f=false) Oxford Analytica. 2009. “Drug Use Rises in Russia”, Forbes. Retrieved November 19, 2014 (http://www.forbes.com/2009/07/10/russia-narcotics-trade-business-oxford.html ) Shelley, Louise. 2006. The Drug Trade in Contemporary Russia, China and Eurasia Forum Quarterly, Volume 4, No. 1 (2006) p. 15-20. Retrieved November 19, 2014 (http://www.silkroadstudies.org/new/docs/CEF/Quarterly/February_2006/Louise_Shelley.pdf ) Smith, Philip S. (Ed.) 2004. “Russias New Drug Law in Effect: No Jail for Drug Users, Greater Penalties for Drug Traffickers”. Drug War Chronicle. Retrieved November 13, 2014 (http://stopthedrugwar.org/chronicle-old/328/russia.shtml) United Nations Office on Drugs and Crime. 2008. Illicit Drug Trends in the Russian Federation. Retrieved November 19, 2014 (http://www.unodc.org/documents/regional/central-asia/Illicit%20Drug%20Trends%20Report_Russia.pdf ) Read More