Volume 03 Issue 02-2023
6
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
I
SSUE
02
Pages:
06-13
SJIF
I
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FACTOR
(2021:
5.
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(2023:
6.
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OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
ABSTRACT
This article analyses some causes of drug-related crimes and issues related to the conditions that cause them.
KEYWORDS
Addiction, causes, causes, conditions, criminality, some, factors, criminal, person, committed.
INTRODUCTION
During the years of independence, a kind of national
system and legal framework for combating drug-
related crime was created in Uzbekistan. Thus, the
norms of national legislation were improved; the
Republican Council of Spirituality and Enlightenment,
the Scientific and Practical Center for National Ideas
and Ideology, the National Information-Analytical
Center on Drug Control under the Cabinet of Ministers
of the Republic of Uzbekistan, and
the “Oila” Scientific
and Practical Center were created. As a result, citizens
have formed an ideological immunity, and a decrease
in the number of crimes related to drug addiction has
been achieved.
All over the world, the search and finding of scientific
solutions to the problems associated with the
improvement of the administrative-legal, criminal-legal
and criminological system of combating drug-related
crime is becoming increasingly relevant.
According to the latest World Drug Report published
by the United Nations Office on Drugs and Crime
(UNODC), about 269 million people used drugs in 2018
Research Article
SOME CAUSES OF DRUG-RELATED CRIME
Submission Date:
February 04, 2023,
Accepted Date:
February 09, 2023,
Published Date:
February 14, 2023
Crossref doi:
https://doi.org/10.37547/ijlc/Volume03Issue02-02
Urazaliev Murod Koraevich
Professor of the Department of Criminal Law, Criminology and anti-corruption Tashkent state university of
Law, Uzbekistan
Journal
Website:
https://theusajournals.
com/index.php/ijlc
Copyright:
Original
content from this work
may be used under the
terms of the creative
commons
attributes
4.0 licence.
Volume 03 Issue 02-2023
7
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
I
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02
Pages:
06-13
SJIF
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(2021:
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705
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(2023:
6.
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OCLC
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1121105677
Publisher:
Oscar Publishing Services
Servi
worldwide. More than 35 million people suffer from
substance use disorders.
The same report, referring to the trend of drug use,
notes that in 2018, cannabis was the most consumed
psychoactive substance in the world, and it was
estimated. It has been consumed by 192 million people
worldwide. However, opioids continue to pose the
greatest health risk, as the total number of deaths from
disorders associated with opioid use has increased by
71 per cent over the past decade, an increase of 92 per
cent for women, compared with 63 per cent for men.
The proportion of people who inject drugs (IDU) aged
15-64 in 2018 remains the highest in Eastern Europe
(1.26 percent) and Central Asia and the Caucasus (0.63
percent). These ratios, respectively, are 5.5 and 2.8
times higher than the world average [1]”.
In accordance with the requirements of the Decree of
the President of the Republic of Uzbekistan dated
September 6, 2019, No. PP-
4438 “On strengthening
measures to prevent illegal circulation of medicinal
products”, as well as in pursuance of the provisions of
this document, the following Resolutions of the
Cabinet of Ministers of the Republic of Uzbekistan
were adopted: dated September 27, 2019, No. 818 "On
the regulation of the circulation of potent substances
in the Republic of Uzbekistan"; of October 3, 2019, No.
842 “Measures to improve the system of providing
drug treatment to the population of the Republic of
Uzbekistan”
Resolution of the President of the
Republic of Uzbekistan, dated 05/16/2022 No. PP-244
“Additional Measures to further improve the system of
providing drug treatment to the population” which
have now strengthened the fight against crimes that
infringe on people's health. They mention the
irreparable harm to health that alcoholism,
drunkenness, substance abuse, and especially drug
addiction cause.
It should be noted that in terms of their negative
impact on the human div, narcotic drugs are many
times greater than the effect of alcohol. If physical
dependence on alcohol is formed 7-15 years after the
beginning of its systematic use, then from drugs - after
one and a half to two months (for example, taking
heroin once or twice leads to drug dependence). The
disintegration of the personality due to the use of
drugs or their analogues occurs many times faster than
with the use of alcohol.
The social danger of drug addiction is also expressed in
the fact that it acts as a significant criminogenic factor
contributing to the commission of various (often-
grave) crimes.
The link between drug addiction and crime manifests
itself in three main forms:
First, drug addicts objectively and subjectively have an
increased propensity to commit crimes. Since drugs
have been withdrawn from free civil circulation, their
very acquisition is criminal. At the same time,
individuals suffering from drug addiction have
significantly weakened individual-volitional control
over their behavior, which contributes to the
commission of various socially dangerous acts on their
part.
Secondly, the existing demand for narcotic drugs
generates a corresponding supply, the source of which
is one or another criminal activity, production, storage,
acquisition, sale, speculation, theft, consumption of
drugs.
Thirdly, people who abuse various drugs have
increased victimization and often become victims of
crime.
Volume 03 Issue 02-2023
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Publisher:
Oscar Publishing Services
Servi
Drug addiction is understood as addiction to drugs,
which ultimately leads to profound degradation of the
personality and disability.
The peculiarities of the spread of drug addiction
indicate that in the social aspect, this problem affects
many areas of life as an individual and society as a
whole.
First, it creates a disease that is difficult to treat.
Medicine within two or three months can remove a
person's physical dependence on drugs, but as for
mental dependence, the problem is still unsolvable:
everything depends on the personality of the addict
and the stage of the disease.
Secondly, it also covers the process of artificial
withdrawal of people who abuse drugs from an active
lifestyle: the addict loses his ability to work, that is,
practically becomes disabled. He is not capable of
being a family man who performs many socially useful
functions.
Thirdly, because of drug abuse, serious changes occur
in the human psyche: he ceases to realize the
significance of his actions; he develops an odious need
to find funds to purchase drugs. The high prices of
drugs existing on the black market contribute to the
development of an antisocial song about committing a
crime in the addict.
Fourth, if a child is born to parents who are drug
addicts, then, as a rule, he suffers from various kinds of
anomalies. Such children are doomed, since the need
for drugs is inherited by them.
Fifthly, drug addiction is an extremely dangerous form
of corrupting people, gives rise to greed and money-
grubbing of morally fallen and criminally acting
persons who, often without consuming dope
themselves, enrich themselves for the health and lives
of drug addicts.
Finally, sixth, as a rule, each drug addict involves in the
use of narcotic drugs - an average of seven to eight
people a year.
It seems necessary to consider other concepts related
to illicit trafficking in narcotic drugs and psychotropic
substances, including legislative.
In special literature, for example, narcotic drugs are
substances, the use of which causes a state of special
intoxication (euphoria), or has an intoxicating effect
with a subsequent loss of strength, and with its
prolonged use leads to severe mental illness and even
death, that is, drugs, which affects the central nervous
system with destructive force and irreversibility [2].
In Art. 3 of the Law "On Narcotic Drugs and
Psychotropic Substances":
narcotic drugs are defined as - "substances of synthetic
or natural origin, drugs containing drugs and plants
included in the lists of drugs and subject to control in
the Republic of Uzbekistan [3]";
psychotropic substances - substances of synthetic or
natural origin included in the list of psychotropic
substances and subject to control in the Republic of
Uzbekistan;
precursors - substances used for the manufacture of
narcotic drugs, their analogues and psychotropic
substances, included in the list of precursors and
subject to control in the Republic of Uzbekistan [4];
analogues of narcotic drugs and psychotropic
substances - substances of synthetic or natural origin,
chemical structure and properties similar to narcotic
Volume 03 Issue 02-2023
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International Journal Of Law And Criminology
(ISSN
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VOLUME
03
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(2021:
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6.
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OCLC
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1121105677
Publisher:
Oscar Publishing Services
Servi
drugs and psychotropic substances, the psychoactive
effect of which they reproduce;
preparation - a mixture of substances in any physical
state containing one or more narcotic drugs or
psychotropic substances;
turnover of narcotic drugs, psychotropic substances
and precursors - import (export), transit, storage,
release, sale, distribution, acquisition, transportation,
transfer, development, production, manufacture, as
well as the use and destruction of narcotic drugs,
psychotropic substances and precursors, and also the
cultivation of narcotic plants;
specially authorized bodies - bodies exercising
management and control in the sphere of circulation of
narcotic
drugs,
psychotropic
substances
and
precursors in accordance with the competence
determined by the Cabinet of Ministers of the Republic
of Uzbekistan.
The above concepts must be supplemented with the
concept of "tranquilizers" - psychotropic drugs that are
prescribed to the patient mainly in a state of anxiety
and mental stress. It should be recalled that taking
excessive doses of tranquilizers can be fatal.
The Criminal Code of the Republic of Uzbekistan
contains a whole XIX chapter (Crimes constituting
illegal circulation of narcotic drugs or psychotropic
substances) of the problem we are considering. This
chapter includes the following articles of the Criminal
Code of the Republic of Uzbekistan:
Art. 270 - "cultivation of crops prohibited for
cultivation";
Art. 271 -
“illegal for possession of narcotic substances
or psychotropic substances”;
Art. 273 - "illegal manufacture, acquisition, storage and
other actions with narcotic drugs or psychotropic
substances for the purpose of sale";
Art. 274 - "Involvement in the use of narcotic drugs or
psychotropic substances";
Art. 275 -
“violation of the rules of production or
handling
of
narcotic
drugs
or
psychotropic
substances”;
Art. 276 - "illegal manufacture, acquisition, storage and
other actions with narcotic drugs or psychotropic
substances without the purpose of sale."
The public danger of the crimes under consideration is
that drug use not only negatively affects the health of
the population, but also leads to an increase in crime
(the number of thefts and extortion for the purpose of
immediate receipt of money is increasing). Various
medicines can be made from the raw materials of drug-
containing crops, chemical means (for example,
opium, morphine and other drugs are obtained from
the opium poppy, from Indian, and southern,
Manchurian and other types of cannabis - hashish), the
abuse of which causes drug addiction [5].
In science, criminology is a term for the concept of the
cause and conditions of crime. The causes of this crime
are socio-psychological determinants that are directly
generated and reproduced by the crime and crimes as
their natural consequence.
The condition of criminality is a complex of phenomena
that by themselves cannot generate criminality, but
serve as certain circumstances that contribute to its
occurrence and existence.
Volume 03 Issue 02-2023
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International Journal Of Law And Criminology
(ISSN
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Publisher:
Oscar Publishing Services
Servi
The conducted research will allow us to identify some
other causes and conditions conducive to the
commission of crimes related to drug addiction.
Insufficiently active work of law enforcement agencies
on the registration of persons prone to committing
drug-related crimes. Thus, more than one third of
those previously convicted for these crimes were not
registered.
-
lack of proper control over the household plots of
collective farmers and other residents in order to
prevent illegal sowing of drug-containing plants;
-
weak control on the part of the heads of collective
farms and administrative bodies over the crops of
agricultural crops, among which are often sown
drug-containing plants prohibited by law;
-
the propensity of some part of the population to
use drugs;
-
failure of law enforcement officials to comply with
the requirements of the relevant laws.
In cases of this category, the investigating authorities
often issue orders to refuse to initiate a criminal case.
Therefore, if the total number of revealed facts of
illegal cultivation of drug-containing crops for 2015-
2020 in the studied regions of the Republic of
Uzbekistan is conventionally taken as 100%, then the
initiated criminal cases are about 80% the rest of the
material (20%) is submitted to the public. In a similar
way, the issue was resolved with respect to persons
who are keen on the consumption, storage, purchase
of drugs, although there were all grounds for bringing
them to criminal responsibility in accordance with the
norms of the criminal law:
- a small number of representations and particular
definitions aimed at eliminating the causes of crimes
and conditions conducive to their commission, made
by investigators and courts. So, according to the data
of the study, presented by the investigators make up
65.3%, and the private rulings sent by the courts make
up 75%. These data indicate that investigators and
courts still do not issue representations and, in
particular, definitions in all criminal cases in order to
eliminate the causes of crimes and the conditions
conducive to their commission. This serious
shortcoming of the courts was pointed out by the
Supreme Court of the Republic of Uzbekistan in a
special resolution of September 11, 1998 No. 23, with
amendments and additions introduced by the
resolution of the Plenum of the Supreme Court of the
Republic of Uzbekistan No. 5 dated February 3, 2006:
“may be deprived of parental rights in the case of their
guilty behavior: if they ... are patients with chronic
alcoholism or drug addiction ... [6] ";
-
at the same time, the content of the presented
ideas and particular definitions causes a certain
concern [7];
-
in a serious reason contributing to the commission
of crimes is connected with drugs [8];
-
other reasons and conditions conducive to drug-
related crimes of law enforcement agencies;
shortcomings in the organization of prevention
work; general and individual prevention, taking
into account the elements and also legal means;
-
other unimportant reasons and conditions
conducive to the crime of drug trafficking is the
weak organization and treatment of drug addicts
in special medical institutions Republic of
Uzbekistan;
-
the reasons and conditions contributing to the
crimes of this crime is the rational non-use of free
time and the organization of leisure time for young
people and minors.
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It would be possible to continue the list and conditions
leading to the commission of the investigated category
of crime, but at present time, in our opinion, the
question of their elimination by the implementation of
the effectiveness of preventive measures to combat
them is becoming acute.
The materials presented in the chapters above allows
us to draw the following conclusions:
1.
Taking
into
account
the
criminological
characteristics and prevention of drug-related
crimes, the most effective prevention of these
crimes should be obtained, striving to ensure that
it is not only real and sufficiently complete, but
also modern, reflecting the results of the analysis
of crimes that have been committed in recent
times;
2.
There is a tendency towards a decrease in the
number of drug addicts, but this does not mean
that it is going to naught. This negative
phenomenon (together with the drug-related
crimes committed) remains highly latent. This
situation is largely due to certain shortcomings
not only in the socio-economic nature, but also in
the organization of the activities of law
enforcement agencies, designed to fight this type
of crime;
3.
The heads of law enforcement agencies continue
to pay insufficient attention to the development
of plans (both current and future) to combat drug
trafficking and prevent this crime;
4.
There is a lack of clear organization of interaction
between the services of law enforcement
agencies, as well as the public;
5.
Insufficient level of professional training both in
practical law enforcement agencies and in their
special educational institutions to combat drug
trafficking;
6.
Insufficiently high armament of law enforcement
agencies with special technical means of remote
detection of drugs (in comparison with such
developed countries as the USA, Canada, France,
Germany and other European countries), as well
as the availability of a sufficient number of devices
for express diagnostics of consumers;
7.
There is a need to establish closer contacts
between law enforcement agencies with the
Ministry of Health of the Republic in matters of
registering people who use drugs, sowers of drug-
containing crops;
8.
It is important to identify reserves for improving
the practice of referring drug addicts who
maliciously evade voluntary treatment to medical
and prophylactic institutions. Ministry of Health of
the Republic of Uzbekistan;
9.
Maps with the exact location of wild cannabis
thickets, places of possible sowing of narcotic
plants are not fully specified. The channels of
transportation and the transport used in this case,
which somewhat reduces the efficiency of
complex operations such as "Black Poppy";
10.
Insufficient level of general and individual
prevention of crimes related to drug trafficking by
law enforcement officers.
Recently, official documents and speeches of the
leaders of states have specifically and objectively
indicated many reasons and conditions that contribute
to the growth of crimes related to drug trafficking.
Indeed, weak publicity, elements of social corrosion,
the gap between word and deed negatively affect the
spiritual mood of society and largely contribute to the
emergence of a complex of causes and conditions that
determine the commission of crimes motivated by
drug addiction. This has especially become a "fertile"
ground for the spread of drug addiction among minors
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Publisher:
Oscar Publishing Services
Servi
and young people, acutely and quickly reacting to the
injustice, lies, bureaucracy and other vices of human
society around them.
In addition to the above-mentioned facts that
contribute to the commission of crimes related to drug
trafficking, there are the other circumstances that are
primarily due to the social status of the person who
uses drugs, its socio-psychological nature, etc. In other
words, each fact of drug use and the commission of
crimes is caused not by one isolated cause, but by a
combination of causes and conditions that operated at
different times and under different circumstances.
Without taking this into account, it is impossible to
explain why one person started using drugs and at the
same time committed a crime, while the other, being in
the same conditions, does not even think about drugs
and, moreover, does not intend to commit negative
actions, and therefore law enforcement agencies could
not timely identify the causes and conditions for
committing crimes related to drug trafficking. Here it
should be clarified that the desire to use drugs, as a
rule, does not arise suddenly, unexpectedly.
The totality of both positive and negative views,
individual traits, habits and traditions is formed
gradually, over a certain period of time, under the
influence of positive or negative phenomena and
processes, respectively.
Therefore, in relation to a specific person, phenomena
and processes, in general, can only act as causes of an
unfavorable personality formation and the emergence
of antisocial views, skills, habits, etc. (in relation to our
topic, the emergence of a desire to use drugs), that is,
antisocial attitudes in the mind of the individual.
Moreover, being in a certain situation, a person acts
already in accordance with his previously formed
thinking.
Studying the causes and conditions of drug use and the
commission of crimes by a particular person, it is
necessary to cover, on the one hand, the conditions of
life and education, the surrounding environment, and
on the other hand, personality traits (needs, interests,
relationships, moral values, emotional and volitional
sphere) and the system of actions for a sufficiently long
period to reliably restore the process of formation.
The social harm of drug use is also evident in the fact
that its distribution causes huge material damage. In
addition, as already mentioned, this has a negative
impact on the behavior and education of young
people. Therefore, we must remember that each of us
is
responsible
for
preventing
the
negative
phenomenon of drug addiction.
REFERENCES
1.
UNODC World Drug Report 2020: Global drug use
is on the rise, with COVID-19 having a far-reaching
impact on global drug markets //wdr.unod.org.
2.
Palvanov M.B. Qualifying signs of illicit trafficking in
narcotic drugs or psychotropic substances (based
on
the
materials
of
the
Republic
of
Karakalpakstan): Author's abstract. diss. ... Cand.
jurid. Sciences. - T .: TGYUI, 2012 .-- P. 11.
3.
Rustambaev M.Kh. The course of criminal law of
the Republic of Uzbekistan. The special part.
Volume 5: Textbook for universities. Second
edition, supplemented and revised. - T.: Military-
Technical Institute of the National Guard of the
Republic of Uzbekistan, 2018 .-- P. 243.
4.
This definition is given in the wording of the Law of
the Republic of Uzbekistan dated October 22, 2018,
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(2023:
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No. ЗРУ
-503 // National database of legislation,
23.10.2018, No. 03/18/503/2080.
5.
Kadyrov M.M. Criminal liability for sowing and
growing drug-containing crops. - T .:, 1987. - S. 20;
6.
Collection of decisions of the Plenum of the
Supreme Court of the Republic of Uzbekistan. 1991-
2006. Vol. 1. - T .: Uzbekiston Respubliki Oliy sudi,
2007 .-- S. 443-444.
7.
Zaripov Z.S. Legal mechanism for the prevention of
offenses. - Tashkent: Uzbekistan, 1990 .-- S. 72-84.
8.
Data of the Information Center of the Ministry of
Internal Affairs of the Republic of Uzbekistan for
2015-2020.
9.
S.S.Niyozova. Prevention of Crime in the Family and
the Role of Victimology in the Republic of
Uzbekistan. International Journal of Advanced
Science and Technology Vol. 29, No. 3, (2020), p.
3962.
10.
Niyozova Salomat Saparovna. Strong Emotional
Arousal (Effect) As A Criminal Law Norm. The
American Journal of Political Science Law and
Criminology (ISSN
–
2693-0803) Published: March
31,
2021
|
Pages:
96-102
Doi:https://doi.org/10.37547/tajpslc/Volume
03
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