MAKING THE DRUG POLICY MORE HUMANE FOR THE PEOPLE USING DRUGS The findings of the survey studying the crime-related as well as moral and ethical aspects of the counter-measures against illicit drugs trafficking in Ukraine and their consequences
MAKING THE PUBLIC POLICY MORE HUMANE FOR THE PEOPLE USING DRUGS THE FINDINGS OF THE SURVEY 1 STUDYING THE CRIME-RELATED AS WELL AS MORAL AND ETHICAL ASPECTS OF THE COUNTER-MEASURES AGAINST ILLICIT DRUGS TRAFFICKING IN UKRAINE AND THEIR CONSEQUENCES
THE CURRENT CRIMINAL LAW PRACTICES ARE NOT AIMED AT APPLYING A FAIR PUNISHMENT FOR DEALERS AND BOSSES OF THE ILLICIT DRUG BUSINESS. AT THE SAME TIME, THE INDIVIDUALS, HAVING CHRONIC DEPENDENCE ON DRUGS – AND THUS, RATHER IN NEED OF TREATMENT AND REHABILITATION – ARE SUBJECTED TO UNJUSTIFIABLY EXCESSIVE CRIMINAL LAW REPRESSIONS.
THIS APPROACH TO FRAMING THE CRIMINAL LAW POLICIES DOES NOTHING TO IMPROVE THE SITUATION WITH CRIME IN UKRAINE, BUT ADVERSELY SETS UP PRE-REQUISITES FOR INTENSIFYING DISCRIMINATION TOWARDS PEOPLE WITH DRUG ADDICTION AND HIGHER SOCIAL TENSION.
THE LAWS AND POLICIES REGULATING THE DRUGS SPHERE ARE FAR FROM BEING PERFECT AND INCLUDE SOME RISKS FOR POTENTIAL CORRUPTION IN THE WORK OF THE LAW ENFORCEMENT BODIES AND THE JUDICIARY.
THE THRESHOLD NUMBERS OF THE SMALL AMOUNTS OF SOME PSYCHOACTIVE DRUGS ARE LOWER THAN AN AVERAGE THERAPEUTIC DAILY DOSE OF THE DRUGS USED IN HEALTHCARE, THUS ENABLING UNJUSTIFIED CRIMINAL PERSECUTION OF THE PEOPLE DEPENDENT ON DRUGS.
THE LAWS AND POLICIES SHOULD BE IMPROVED BY SECURING A DUE BALANCE AMONG THE CRIMINAL LAW, HEALTHCARE AND PREVENTION INTERVENTIONS AS WELL AS DECRIMINALIZATION OF STORING SMALL AMOUNTS OF DRUGS WITH NO DEALING PURPOSES.
1 The survey was conducted by the “Eurasian Drug Policy Institute” in 2016 – 2017 as commissioned and financially supported by the International Renaissance Foundation.
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The available experience in Ukraine as well as drug policy practices in other countries proves that it is humanization in regard to drug users as a drug policy’s strategic priority that is a key constituent of a new approach to resolve the problems related to drugs. This approach’s essence is to prioritize healthcare and prevention interventions, reduce harm from drugs use, return the people with drug addiction to the community – in contrast to criminal persecution of these individuals. The law enforcement’s efforts should focus on illicit drug dealing business instead. In Ukraine, the crime associated with illicit drugs, psychotropic substances and precursors is quite high; thus accordingly to the Ministry of Interior and General Prosecution their number is ranked second among all the offenses – right after the property crime. The UNODC report 2013 underscores that the number of the injecting drug users in Ukraine is the biggest in Europe.
Addressing the threat, in 2013 the Government of Ukraine adopted the National Drug Policy Strategy till 2020 via the Cabinet of Ministers’ Decree #735-p as of August 28, 2013. The Strategy is the first document in the history of Ukraine that contains a reasonable and a well-balanced approach to drug policy based on the international and national experience. However, it is unfortunate that the implementation of the Strategy still remains at its initial phase. The practices in Ukraine are still within the frame of criminal and oppressive methods when a patient having drug dependence is perceived as a criminal offender; respectively, the system of punishing measures is structured. Why has the current system to fight against illicit traffic in narcotic drugs, psychotropic substances and precursors failed to reduce the acuteness of the problem till present moment? How is our national system constructed?
INTERNATIONAL DRUG POLICY REGULATIONS The single global system to fight against illicit traffic in narcotic drugs, psychotropic substances and precursors was established in the 60s – 80s of the XXth century via adoption of three UN Conventions: 1. Single Convention On Narcotic Drugs 1961; 2. On Psychotropic Substances 1971; 3. UN Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances 1988. Each of these conventions includes both a repressive (punitive) and a humanistic component. Thus, the Single Convention Narcotic Drugs and On Psychotropic Substances define that illicit traffic in narcotic drugs shall be deemed as a punishable act, and “serious offences shall be liable to adequate punishment particularly by imprisonment or other penalties of deprivation
of liberty” (Single Convention on Drugs 1961, Article 36, paragraph 1”a”). Similarly, the Convention on Psychotropic Substances 1971 urges criminal persecution for illicit traffic in psychotropic substances. However, Article 36, paragraph 1b of the Single Convention on Narcotic Drugs states that: “…when abusers of drugs have committed such offences, the Parties may provide, either as an alternative to conviction or punishment or in addition to conviction or punishment, that such abusers shall undergo measures of treatment, education, after-care, rehabilitation and social reintegration”. Similarly, the Convention on Psychotropic Substances 1971 by its Article 22, paragraph 1b envisages a substitution of a punishment by treatment or addition of treatment to the punishment.
2 МВС України. Статистика МВС за 2011 р. Таблиця 7. Структура злочинності за розділами особливої частини КК України». http://mvs.gov.ua/; Генеральна прокуратура України. Єдиний звіт про кримінальні правопорушення по державі за січень – грудень 2015 року. Форма 1, таблиця 1.1. http://www.gp.gov.ua/ua/stst2011.html?dir_id=112173&libid=100820
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Pursuant to paragraph 4 of Article 3, the UN Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances 1988 “…in appropriate cases of a minor nature, the Parties may provide, as alternatives to conviction or punishment, measures such as education, rehabilitation or social reintegration, as well as, when the offender is a drug abuser, treatment and aftercare.” Additionally, Article 14, paragraph 4, stipulates that: “The Parties shall adopt appropriate measures aimed at eliminating or reducing illicit demand for narcotic drugs and psychotropic substances, with a view to reducing human suffering and eliminating financial incentives for illicit traffic. These measures may be based, inter alia, on the
recommendations of the United Nations, … and other competent international organizations in the fields of prevention, treatment and rehabilitation.” Thus, it is since the 60s of the XXth century that despite the surge in drug-related crime and a need (as it seems obvious from the first glance) in strengthening the enforcement measures, the international community foresaw the options for humanization, including decriminalization of some minor acts in the sphere of drugs, psychotropic substances and precursors. However, it is unfortunate that this alternative humanistic constituent part of the conventions has not been reflected in the laws and policies of Ukraine.
CRIMINAL PERSECUTION OF THE PATIENTS WITH DRUG DEPENDENCE IN UKRAINE We are going to evaluate the efficiency of these policies and the targets of the law enforcement bodies’ core efforts via studying the drug-related crime structure in 2011-2015. Currently criminal charges are pressed basically not against drug dealers and drug crime masterminds, but against the people
dependent on drugs. This results in scaling up the illicit drugs’ market as well as in strengthening stigma and discrimination affecting the drug users, who, in their turn, refrain from approaching the respective agencies to get healthcare and social support. This thesis is corroborated by the following data:
DRUG CRIME STRUCTURE ACCORDING TO THE SHARES OF THE INDIVUDALS CONVICTED FOR SPECIFIC DRUG CRIMES
13,8% 17,6%
68,6%
Article 309 of the Criminal Code of Ukraine (manufacturing, production, storing the illicit drugs with no purpose to sell) Article 307 of the Criminal Code of Ukraine (manufacturing, production, storing the illicit drugs with the purpose to sell; selling drugs) Other drug-related offenses (articles 305, 306, 308, 310-320 of the Criminal Code of Ukraine)
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This graph presents a clear illustration of the fact that it is the manufacturing, production, purchase, storing, transportation or transfer of the illicit drugs, psychotropic substances and their precursors with no purpose to sell (Article 309 of the Criminal Code of Ukraine) that constitutes the majority of all drugs-related offenses (in other words, it is storing the drugs for a user’s own consumption). The above mentioned analysis’ findings show that almost 69% of the attention of the law enforcement focuses directly on drug users – not on those who supply and sell the drugs and psychotropic substances (the offenses marked at the graph by “Article 307 of the Criminal Code of Ukraine and “Other Drug-related Crimes” qualify with
Articles 307, 310, 317, 311, 305, 315, 308, 316, 313, 306 and 320 of the Criminal Code of Ukraine and constitute really severe offenses related to manufacturing, growing, smuggling and dealing in narcotic drugs). The following data confirm the thesis that the share of the individuals convicted as prescribed by Article 309, part 1, of the Criminal Code of Ukraine (basically only for storing small amounts of drugs with no purpose to sell – just average drug users) remains stable and high, and even grows. Thus, it is only within the first half of 2017 that the share of the individuals convicted for the offenses prescribed by Article 309, part 1, constituted 64.4% of all the individuals convicted for drug-related crimes.
THE SHARE OF THE INDIVIDUALS CONVICTED FOR COMMITTING AN OFFENSE AS PRESCRIBED BY Article 309, PART 1, WITHIN THE OVERALL NUMBER OF THE INDIVIDUALS CONVICTED FOR DRUG RELATED CRIMES, 2011-2017 Those convicted for the offenses as prescribed article 309, part 1, of the Criminal Code of Ukraine The individuals convicted for all other drug-related offenses
49,0%
47,0%
47,6%
50,3%
46,6%
44,2%
35,6%
51,0%
53,0%
52,4%
49,7%
53,4%
55,8%
64,4%
2011
2012
2013
2014
2015
2016
2017, 6 months
The law enforcement’s shift of efforts may be illustrated by the following piece of evidence: the graph #3 demonstrate the dynamics of offenses’ disclosure by the law enforcement as prescribed by Articles 307 and 309 of the Criminal Code of Ukraine in 2013-2016, i. e. after the Government of Ukraine had adopted the National Drug Policy till 2020. As we see, in 2013
the number of the offenses registered as a violation of Article 309 was two times more than that of Article 307. In 2016 this difference grew up to 7.6 times. And these things are done alongside with declarations of abandoning criminal persecution of the drug use with re-focusing on the fight against drug dealing business
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THE STATISTICAL DATA ON THE OFFENCES COMMITED WITHIN THE SPHERE PUNISHABLE BY Article 307, PART 1 OF THE CRIMINAL CODE OF UKRAINE IN 2013-2016 (THEIR SHARE AS COMPARED TO THE OVERALL NUMBER OF THE REGISTERED DRUG-RELATED CRIMES) Article 307
75,54%
Article 309
54,78%
55,10%
57,47%
27,75%
27,58%
25,52% 9,95%
2013
2014
2015
Thus, the law enforcement’s application of criminal law rules does not meet the needs in an adequate response to the illicit traffic in narcotic drugs and psychotropic substances, because the practice of this application essentially focuses on persecuting drug users – not the drug dealers – and this approach makes it oppressive in relation to the individuals who need medical, social and psychological support, because they are not in the position to handle their dependence problem on their own. The threshold for criminal liability in Ukraine is extremely low: the small amounts of drugs [being in possession of which] an individual
2016
shall be criminally liable are much smaller than an average one-time dose for a drug dependent person. Thus, pursuant to the Order #188 issued by the Ministry of Health of Ukraine and entitled “On adopting the tables (schedules) of small, large and especially large amounts of narcotic drugs, psychotropic substances and precursors in illicit traffic”, the following schedules are adopted; the so-called thresholds for criminal liability are determined [for each drug]. We underline that the threshold amount in Ukraine is much smaller in Ukraine than in majority of European countries.
THE AMOUNTS OF DRUGS EQUALING TO CRIMINAL LIABILITY FOR THOSE WHO POSSESS THEM: Ukraine
Russia
Germany
The Netherlands
Austria
Portugal
Finland
from 0.02 g
0.5 g
1-2 g
0,5 g
15 g
2g
1,5 g
from 5 g
6g
6-30 g
30 g
20 g
25 g
15 g
Amphetamine
from 0.15 g
0.2 g
10 tablets
0,5 g
10 g
1g
3g
Opium, Opium extract
from 0.5 g
1g
--
--
--
--
--
Heroin
from 0.005 g
0.5 g
1-2 g
0,5 g
3g
1g
1g
Acetylated opium
from 0.005 g
0.5 g
Вид наркотику
Cocaine Marijuana (cannabis types)
(up to 3 years of imprisonment)
See heroin
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It is the scientifically unjustified calculation of an average daily dose – which lies in the foundation of the calculations for small, large and especially large amounts of narcotic drugs and psychotropic substances - that constitutes the cause of problems and abuse (including corruption) when drug-related offenses are being categorized. As a result, the real daily dose of a psychoactive substance when calculated alongside these rules is being transformed into several daily doses. The result is that the offense is categorized as such to be punished according to an article of the Criminal Code prescribing more severe punishment. Thus, application of the unjustifiably low thresholds of the criminal liability for the torts, which are not considered to be offenses in most civilized countries in the world, results in punishment for thousands of drug dependent people in Ukraine each year. The Ukrainian taxpayers have to pay almost 3,800 UAH per month, for keeping such an individual in custody. This sum is much bigger than an average retirement allowance for most of the people in the age of retirement. Thus, it is a patient having dependence on drugs that remains a key target for criminal persecution by the law enforcement bodies. This approach, without doubt, criminalizes the
whole sphere, increases the number of the prison inmates, distracts the attention of the police from the war against the drug dealers and consumes significant material and human resources. All these factors indicate to the need in humanizing the policy framework, re-targeting it in order to counter really problematic drug-related processes and phenomena. Strengthening the punitive component alone in drug policy does not lead to the desired outcomes. We note that in 2010 the amendments introduced into the criminal law codes strengthened criminal persecution for the drug-related offenses with no purpose to sell. However, these amendments did not lead to the expected reduction in the numbers of drug dependent individuals registered by healthcare institutions in 2010 – 2013 (the peak figures). This is confirmed by the data provided in the graph below – and, consequently, there was no reduction drug addiction rate and drug-related crime rate, in general. The reduction in the stats on the number of patients in 2014 and 2015 set below in the graph may be explained by the absence of data from the Autonomous Republic of Crimea seized by Russia and the areas in Donetsk and Luhansk oblasts where the armed conflict is in progress.
THE NUMBER OF THE PATIENTS WHO STAYED AT HEALTHCARE INSTITUTIONS OF UKRAINE WITH MENTAL DISORDERS AS A CONSEQUENCE OF THEIR USE OF NARCOTIC DRUGS AND OTHER PSYCHOACTIVE SUBSTANCES THE NUMBER OF THE INDIVIUDALS REGISTERED AT THE RECORDS OF HEALTHCARE INSTITUTIONS, PER 100,000 OF POPULATION 91,9 155,1 188,0 155,1 176,7 174,1 171,5 145,5 144,9
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THE NUMBER OF THE INDIVIDUALS REGISTERED AT THE RECORDS OF HEALTHCARE INSTITUTIONS, NUMBER OF PERSONS
1995 2000 2005
46 515
2010 2011 2012 2013 2014 2015
80 589
76 041 87 883
79 812 78 984 77 577 62 200 61 715
http://hromadskeradio.org/en/programs/kyiv-donbas/2-grn-na-den-derzhava-vydilyaye-na-medychni-potreby-zasudzhenogo-nyecvyetayev
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CRIMINAL PERSECUTION OF THE PATIENTS LIVING WITH DRUG ADDICTION PLANTS SEEDS FOR CORRUPTION IN THE POLICE AND OTHER LAW ENFORCEMENT ACTIVITIES Nowadays the criminal law focus prevails in Ukraine’s drug policy despite the global trend to humanize drug policy, making it more effective, life-saving and cost-efficient. This current criminal law slant in Ukraine’s drug policy led to the efforts to present the law enforcement’s activities as allegedly efficient and to justify the need in repressions as well as arbitrary and ungrounded expansion of the law enforcement authorities to influence the regulation of the legal turnover of controlled substances. This resulted in growth of administrative restrictions for use of narcotic drugs for medical purposes, lowering the threshold amounts as related to criminal liability; these steps lead to unnecessary suffering of the patients. Seeking to meet their crime disclosure plans, the law enforcement officers bring to the liability the individuals who committed relatively minor offenses. The outcome is that the law enforcement officers do not have any motivation to fight the organized crime. There is a trend to close the criminal proceedings on drug dealing at various stages of a pre-trial investigation. This is a proof of the poor performance of the law enforcement bodies in their work on detecting and stopping the illicit drugs dealing, bringing drug dealers to criminal liability; the law enforcement officers concentrate their efforts on persecuting the most vulnerable individuals – the patients diagnosed with drug addiction – and these
latter persons become an easy target for the law enforcement to implement their performance plans. Thus, pursuant to Article 307 of the Criminal Code of Ukraine in 2013 -2015 23,798 offenses were registered. 15,938 cases, containing charges against alleged perpetrators, were submitted for a court’s consideration. The pre-trial investigation bodies closed 9,007 cases within this period: in most cases they were closed on the grounds of absence of corpus delicti, making 37.8% of all opened cases. The courts closed 190 cases. Whereas the overall number of offenses is steadily on the rise, the dynamics of the offenses related to narcotic drugs, psychotropic substances and precursors demonstrates a descending trend (first of all, the offenses related to detection of real drug dealers, organized crime groups, drug dens’ owners, the individuals who involve others into drug use): in 2011 the number of offenses reduced by 6.5% compared to the previous year; in 2012 – by 1.2%; in 2013 – by 6.3%; in 2014 – by 8.8%; in 2015 – by 17%. However, the share of the criminal proceedings opened as prescribed by Article 309, part 1 of the Criminal Code of Ukraine (small amounts of drugs with no purpose to sell – drug users with their own doses) does not decrease: this is a proof that a patient living with drug addiction still remains a key target for the law enforcement.
THE GROWTH IN THE NUMBER OF THE CONVICTED INDIVIDUALS AND ITS CONSEQUENCES Criminal laws and policies’ framework is in need of improvement both in the sphere mentioned above and in regulation of other legal matters, particularly those related to the inmates serving their terms at closed settings. The Council of Europe underscored (The
Council of Europe’s report on the prison inmates’ rights – SPACE I and SPACE II, 2014) that the rate of the prison inmates in Ukraine is much higher than the average among European countries. Almost 1 in 3 inmates serves his/her term for the property-related crime (31.5%); the
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second place (14%) is for those who serve their term due to the most frequent offences in Ukraine associated with drugs. The analysis of the applied legal measures shows that the individuals convicted by the courts for imprisonment, including those who committed their drug-related offenses for the first time, mostly do not correct their behavior, do not abandon their drug use; more than that, after being “trained” at prisons and having gained “the experience”, they are more and more involved in criminal connections set up previously in prisons and in criminal operations of larger scale; those who were convicted for the first time for storing drugs with no purpose to sell, they are, as a rule, are getting involved with manufacturing, dealing and selling drugs after their first convictions. At penitentiary settings, despite the counter measures of the prisons’ administrations and law enforcement bodies, the prison inmates continue their criminal drug-related activities, commit new offenses, deal and use drugs, including by injecting them; the drugs are being illegally passed to the facilities. The courts’ statistics show that 2.7% of the individuals convicted for drug-related crimes in
2011-2015 repeatedly committed crimes, having not served their terms, including 0.9% of them serving their terms, being deprived or restricted in their liberty or being arrested; 0.4% of all the convicted persons for drug-related crimes committed a crime while serving their terms at the closed settings. Injecting drugs at closed settings constitutes a special risk to contract such infections as HIV, viral hepatitis and tuberculosis. Having contracted an infection and developed the diseases dangerous for their health and lives, they often do not get cured (sometimes they die) due to the poor quality and low efficiency of healthcare at the penitentiary settings (explained, in its turn, by extremely scarce funding and poor conditions for maintaining the inmates, in general). If they are released, the infected former inmates become disseminators of these dangerous diseases, infecting their closest family members and friends and proceeding with criminal activities – because they do not have any other means to sustain themselves (according to the National Police’s data as of October 20, 2016, the growth in crime constituted 23%; 85% of all the criminal offenses were committed by the unemployed).
Morbidity and mortality at the State Penitentiary Service facilities The figures as of January 1 for each year
2004
2010
2011
2012
2013
2014
2015
2016
191 677
147 716
154 027
154 029
147 112
126 937
73 431
69 997
The number of the individuals who died
824
761
808
1 169
1 021
911
792
510
Per 1,000 of inmates
4,30
5,15
5,25
7,59
6,94
7,18
10,79
7,29
41
44
44
59
65
84
63
49
0,21
0,30
0,29
0,383
0,442
0,662
0,86
0,70
The number of the patients with active form of TB
9 080
5 667
5 486
4 822
–
4 135
2 160
2 210
Per 1,000 of inmates
47,37
38,36
35,62
31,31
–
32,58
29,42
31,57
Number of the HIV+ inmates
1 917
6 069
6 020
6 910
6 957
7 348
4 135
4 145
Per 1,000 of inmates
10,0
41,1
39,1
44,9
47,3
57,9
56,31
59,22
The number of the individuals at the penitentiary settings
The number of suicide cases
Per 1,000 of inmates
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Having analyzed these figures, we can identify quite high mortality rates at penitentiary settings, including due to presence of TB and HIV patients with general reduction in the overall number of prison inmates. In 2016 the government allocated 126 UAH daily per inmate; 99 UAH was provided as the salary for the administration and personnel; 15 UAH for an inmate’s meals; only 2 UAH for his/her healthcare needs. Therefore, it does not make sense to discuss the quality and efficiency of healthcare provided for the inmates (including patients with HIV, TB and other infectious diseases) at penitentiary settings. Thus, the increase in the number of the individuals convicted for the crimes related to illicit drugs caused worsening in crime rate at
the penitentiary settings. Besides, this system does not lead to correction of the inmates’ behavior or reduction in drug addiction and drug-related crime (repeated crime rate constitutes 26.6%). Adversely, the system becomes a place of high risk for the inmates to contract dangerous infectious diseases. The presented analysis proves that detecting the individuals with drug addiction, preventing them from committing drug-related crimes, reduction of the number of the individuals serving their terms for minor drug-related offenses and improvement of healthcare system for inmates become high priority measures to reduce drug related crime in general.
CONCLUSIONS According to the survey’s authors, the acts punishable by Article 309, part 1 of the Criminal Code of Ukraine do not contain any significant danger for the society, because they are essentially related to the right of an individual to decide independently regarding one’s own way of life. Therefore, the key task for a policy maker in this sphere of the law is to refrain from turning an administrative tort (according to its degree and character of threat to the public) into a criminal offense. Taking these considerations into account, one of the first practical steps for Ukraine should be re-defining an illegal storing, manufacturing, production, transportation of narcotic drugs and psychotropic substances in small amounts with no intent to sell as an administrative misdemeanor – not as a criminal offense. In support of this suggestion, we may note that the wording for the Part 1 of Article 309 of the Criminal Code of Ukraine is very close to the wording to the Part 1 of Article 44 of the Code of
Ukraine on Administrative Offenses with one minor difference. Part 1 of Article 309 states that a person is criminally liable for “illegal manufacturing, production” of drugs; Part 1 of Article 44 defines administrative liability for “illegal production” of drugs. The liability for “manufacturing” of drugs remained out of scope of attention of the policymakers [who adopted the Administrative Offenses Code]. There are no indications on the amounts of the drugs to differ criminal and administrative liability. The model described above does not mean abandoning criminal interventions whatsoever, especially in the area of reduction of illegal supply of drugs and re-focusing of criminal persecution from the patients with drug dependence to drug dealers and drug dealing business bosses. At the same time, the survey’s authors insist on the need to intensify criminal law sanctions in relation to the individuals involved in drug dealing business.
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THE RECOMMENDATIONS Article 320: on defining the violation of the valid regulations on planting or growing the crops of opium poppies (Papaver somniferum) or cannabis as a criminal offense as well as the rules on production, transfer or application of narcotic drugs, psychotropic substances, their analogies or precursors, if they resulted in large shortages of quantities of the drugs (if such violations led solely a danger of a leakage of opium poppy or cannabis, narcotic drugs, psychotropic substances, their analogues or precursors into illicit traffic – the administrative liability would ensue); 4. The Code of Ukraine on Administrative Offenses: Article 44 – on application of an administrative punishment in case of manufacturing the drugs and an option to exempt the person from liability in case of a voluntary request from a person to undergo treatment; Articles 44-1: on harmonizing the terminology; on adding Article 44-3 regarding the liability for illegal manufacturing, production, purchase, storing, transportation or transfer of the precursors designated for production or manufacturing narcotic drugs or psychotropic substances in small amounts with no purpose to sell; Article 44-4: on administrative liability for violation of the established rules of production, manufacturing, storing, accounting, supply, distribution, trade, transportation, transfer or use of narcotic drugs, psychotropic substances, their analogues or precursors designated for production or manufacturing if this violation resulted in a danger for people’s health or leakage; Article 106-3 on administrative liability for violation of the established rules of planting or growing crops of opium poppy or cannabis, if such a violations resulted in a danger for people’s health or a leakage; Articles 221, 222, 255, 268, 277 on the authorities of the courts to consider the cases on administrative offenses, the authorities of the National Police to document the new administrative offenses, timeframes for bringing individuals to administrative liability and the rights of the individuals in relation to whom an administrative offense report has been drawn.
The current policy framework analysis led us to the conclusion on the need in introducing respective amendments and fastest possible re-focusing the drug enforcement system from a repressive one into a humane treatment-based one – favoring healthcare and prevention interventions, harm reduction, re-socializing the drug users – in contrast to their criminal persecution. Seeking to attain this goal the draft bill (Law of Ukraine) has been drafted: “On introducing amendments into some legislative acts of Ukraine related to illicit traffic in narcotic drugs, psychotropic substances and precursors as well as the measures to counter this traffic”; the draft bill is supposed to amend the following legislative acts (Laws of Ukraine): 1. “On Narcotic Drugs” (Article 4: to specify the terminology, application of the measures to prevent the non-medical use of the controlled substances and ensure pain management according to health indications); 2. “On the measures to counter illicit traffic in narcotic drugs, psychotropic substances and precursors as well as their abuse” (Article 1: to harmonize the terminology with international standards; Articles 12 and 13 to exclude the interference of the law enforcement in the course of medical examinations and registration at healthcare institutions; Article 14: on social protection guarantees for the individuals who have given their voluntary consent to undergo treatment; removal of Article 16 on the procedure of treatment at the correction facilities; removal of the outdated standards from Articles 17, 18, 19 and 21); 3. The Criminal Code of Ukraine (Article 305: to remove the duplication of a body responsible for formulating drug policy; Article 307: on an alternative for imprisonment within Part 1 of the Article substituting it with a fine and decrease of a maximum term of imprisonment in Part 2 to 9 years; Article 309: in regard to applicability of Part 1 for the offenses related to large and very large amounts of drugs as well as an alternative for an imprisonment as prescribed by the valid provision of Part 1 via imposing a fine for an administrative tort; Article 314 on illegal administration of narcotic drugs, psychotropic substances or their analogues into a body of another person against the will of this person;
The full text of the draft bill (Law of Ukraine) is available here: http://drugpolicy.org.ua/
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