PRINCIPLES OF INTERNATIONAL COOPERATION IN THE FIELD OF PREVENTING ILLICIT TRAFFICKING IN NARCOTIC DRUGS, PSYCHOTROPIC SUBSTANCES AND PRECURSORS

The author raises the problem of international cooperation between states in the field of illegal circulation of narcotic drugs and psychotropic substances. References are given to the main, signed in different years, conventions concerning this problem. The general principles of combating crime developed by the United Nations are considered. The historical experience of combating crime is analyzed. It is noted that the UN congresses on the prevention of crime and the treatment of offenders play a special role in preventing and combating transnational organized crime. Analyzed the main international normative legal acts in this area. The mechanisms of adoption and the forms of practical application of these conventions are disclosed, as well as an analysis of the situation in the world with regard to drug trafficking, options for resolving the problem by strengthening the international system of control over drug trafficking are proposed. The article also highlights the current state of international legal cooperation between states in countering the illicit trafficking of narcotic drugs and psychotropic substances. The characteristic features of the approach to overcoming the current situation in the field of drug use, the use of various methods of countering this negative phenomenon in the process of suppressing illegal actions are analyzed. The necessity of joint use of methods of combating the global problem of all mankind has been identified and substantiated.

VOLUME 3 ISSUE №1 E-ISSN: 2181-1024 A P R Volume I L1 (2022) 3, Issue 2022 TSUL Legal Report 1

12.00.02 – CONSTITUTIONAL LAW. ADMINISTRATIVE LAW. FINANCE AND CUSTOMS LAW

TSUL LEGAL REPORT INTERNATIONAL ELECTRONIC SCIENTIFIC JOURNAL

Rustambekov Islambek Rustambekovich Deputy Rector on Academic Affairs, Tashkent State University of Law, Doctor of Law, Professor

Salaev Nodirbek Saparbaevich Deputy Rector on Research and Innovations, Tashkent State University of Law, Doctor of Law, Professor

Latipov Samir Ildusovich Director of the Center for Legal Initiatives and Innovations, Tashkent State University of Law

Nematov Jasur Aminjonovich Professor of the Tashkent branch of the Russian University of Economics named after GV Plekhanov

Umarkhanova Dildora Sharipkhanovna Dean of the Faculty of International Law and Comparative Legislation, Tashkent State University of Law, Doctor of Law, Associate Professor

Abzalova Khurshida Mirziyatovna Acting Professor of the Department of Criminal Law, Criminology and Anti-corruption, Tashkent State University of Law, Doctor of Law

Nematov Jurabek Nematulloyevich Acting Professor of the Department of Administrative and Financial Law, Tashkent State University of Law, Doctor of Law

Akhmedova Guzalkhon Utkurovna Associate Professor of Criminalistics and Forensic Examination Department of Tashkent State University of Law, Doctor of Law

Ergashev Ikrom Abdurasulovich Head of Scientific Department, Tashkent State University of Law, Associate Professor, Doctor of Philosophy in Law.

Yusupov Sardorbek Bahadirovich Head of the Department of Administrative and Financial Law, Tashkent State University of Law, Associate Professor, Doctor of Philosophy in Law

Gafurova Nozimakhon Eldarovna Head of the Department of International Law and Human Rights, Tashkent State University of Law, Associate Professor, Doctor of Philosophy in Law

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Khujaev Shokhjakhon Akmaljon ugli Head of Intellectual Property Law Department, Tashkent State University of Law, Doctor of Philosophy in Law

Uzakova Guzal Sharipovna Head of Environmental Law Department, Tashkent State University of Law, Associate Professor, Doctor of Philosophy in Law

Turdiev Khayitjon Usmonkul ugli Acting Associate Professor of the Department of Theory of State and Law, Tashkent State University of Law, Doctor of Philosophy in Law

Ramazonova Nargiza Abdirashidovna Head of the International Relations Department, Intellectual Property Agency under the Ministry of Justice of the Republic of Uzbekistan, Doctor of Philosophy in Law

Kurbanov Maruf Mamadaminovich Acting Associate Professor of the Department of Criminal Law, Criminology and Anti-corruption, Tashkent State University of Law, Doctor of Philosophy in Law

Narziev Otabek Sadievich Acting Professor of International Private Law Department, Tashkent State University of Law, Doctor of Philosophy in Law

Pirmatov Otabek Shavkatovich Acting Associate Professor of the Department of Civil Procedural and Economic Procedural Law, Tashkent State University of Law, Doctor of Philosophy in Law

Yakubova Iroda Bakhramovna Acting Associate Professor of Intellectual Property Law Department, Tashkent State University of Law, Doctor of Philosophy in Law

Shamsutdinov Behruz Sadriddin ugli Head of the Department of Commercialization of Scientific and Innovative Projects, Tashkent State University of Law

Saydakhmedov Umid Murodovich Judge for Economic Affairs, Tashkent Regional Court, Doctor of Philosophy in Law, Associate Professor

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Contacts Editorial office address: Tashkent, st. Sayilgoh, 35. Index 100047. Principal Contact Tel.: ([phone number hidden] Fax: ([phone number hidden] E-mail: info@legalreport.tsul.uz

© 2022. TSUL – Tashkent State University of Law. All rights reserved.

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12.00.02 – CONSTITUTIONAL LAW. ADMINISTRATIVE LAW. FINANCE AND CUSTOMS LAW

IKHTIYORJON TURABOEV, IKROM ERGASHEV Tax monitoring in Uzbekistan: problems and issues ............................................................8

DILMURODJON RAKHIMOV Organizational and legal issues of gender equality in the civil service .............................. 15

NOILA NURMAMATOVA Mechanism of appeal to the Constitutional Court .............................................................. 23

ILHOM NOROV Problems of public service in the Republic of Uzbekistan: further improvement of the public service system .............................................................................................. 30

12.00.03 – CIVIL LAW. BUSINESS LAW. FAMILY LAW. INTERNATIONAL PRIVATE LAW

BEGALI XOLMIROV The concept, importance and characteristics of electronic currency ................................. 37

MUHAMMAD ALI RAMAZONOV The concept and essence of cryptocurrency ..................................................................... 44

PARIZODABEGIM MUKHAMATKULOVA Some issues of regulation of cybersport and business activities in IT .............................. 51

12.00.04 – CIVIL PROCEDURES LAW. ECONOMIC PROCEDURES LAW. ARBITRATION PROCESS AND MEDIATION

ABDUMURAD KHAKBERDIEV Types of arbitration courts and their classification ............................................................. 57

DONIYORBEK DАVRONOV Procedure and basis for application of procedural coercive measures ............................. 68

12.00.08 – CRIMINAL LAW, CRIME PREVENTION. CRIMINOLOGY. PENAL LAW

BUNYOD ISLOMOV Mitigating factors and criminal defenses in criminal legislation of the Kingdom of Norway (comparative analysis) ...................................................................... 78

JALOLIDDIN HAYDAROV Qualification of crimes of torture and other cruel, inhuman or degrading treatment ......... 88

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12.00.09 – CRIMINAL PROCEDURE. CRIMINOLOGY, OPERATION SEARCH LAW AND FORENSIC EXAMINATION

SARBON URALOV Specific aspects of proof ................................................................................................... 96

KHAYDARALI YUNUSOV Contributions of Central Asian scholars to the development of islamic sciences: Sarakhsi – founder-father of international law ................................................................ 103

DJAMALIDDIN MUSAEV Principles of international cooperation in the field of preventing illicit trafficking in narcotic drugs, psychotropic substances and precursors . ........................................... 111

SHAHNOZA ALMOSOVA The essence of parallel import and problems of its regulation in the Republic of Uzbekistan . .................................................................................................. 121

USMON ALIEV Problems of reforming the UN security council and improving its effectiveness ............. 127

DALER VALIJONOV International legal cooperation of the prosecutors bodies against corruption ................. 134

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Armağanı (çev. M. Esad Kılıçer), Ankara, (Serahsi Armağanı), pp.7-13; Joseph Schacht. (1923). Das kitab al-hiyal fi’l-fiqh. Deutschland, Hannover: Lafaire, pp.322; Joseph Schacht. (1933). Der Islam (zeitschrift für geschichte und kultur des Islamischen orients). – Berlin: Walter de gruyter &co. –Band 21, pp. 286-291; Joseph Schacht. (1950). The Origins of Muhammadan Jurisprudence. Oxford: Clarendon, pp. 412. 15. Christopher Melchert. (1997). The Formation of the Sunni Schools of Law, 9th-10th Centuries C.E. Boston. Brill, xxviii, pp.244; Wael Hallaq. (2004). The formation of Islamic law (Aldershot, UK; Burlington, VT: Ashgate/Variorum, pp. 464.

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PRINCIPLES OF INTERNATIONAL COOPERATION IN THE FIELD OF PREVENTING ILLICIT TRAFFICKING IN NARCOTIC DRUGS, PSYCHOTROPIC SUBSTANCES AND PRECURSORS

Keywords: United Nations, transnational crime, illicit trafficking in narcotic drugs, psychotropic substances and precursors, directions of international cooperation, control measures, control measures.

Musaev Djamaliddin Kamalovich, Docent at the Department of Special-legal Disciplines of the Customs Institute e-mail: frank2271@mail.ru ORCID: 0000-0001-6452-6448

The author raises the problem of international cooperation between states in the field of illegal circulation of narcotic drugs and psychotropic substances. References are given to the main, signed in different years, conventions concerning this problem. The general principles of combating crime developed by the United Nations are considered. The historical experience of combating crime is analyzed. It is noted that the UN congresses on the prevention of crime and the treatment of offenders play a special role in preventing and combating transnational organized crime. Analyzed the main international normative legal acts in this area. The mechanisms of adoption and the forms of practical application of these conventions are disclosed, as well as an analysis of the situation in the world with regard to drug trafficking, options for resolving the problem by strengthening the international system of control over drug trafficking are proposed. The article also highlights the current state of international legal cooperation between states in countering the illicit trafficking of narcotic drugs and psychotropic substances. The characteristic features of the approach to overcoming the current situation in the field of drug use, the use of various methods of

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countering this negative phenomenon in the process of suppressing illegal actions are analyzed. The necessity of joint use of methods of combating the global problem of all mankind has been identified and substantiated.

I. Introduction International cooperation is the joint actions of subjects in any area of ​​their mutual interests to harmonize their positions, coordinate actions, resolve common problems and make mutually acceptable decisions.

It is widely believed that the principle appeared in international law only with its enshrinement in the UN Charter. But it’s not. The principle began to take shape in ancient times. The idea of ​​cooperation between peoples and states underlies the emergence and development of international law, and the principle of cooperation as a legal imperative has become a security tool for this development.

The principle has developed over the centuries as a regional international legal custom, helping to organize the relations of states, resolve disputes and contribute to the formation of institutions and norms of international law.

However, the principle received conventional consolidation and universal recognition only in the 20th century. At the heart of the UN Charter is the idea of ​​cooperation between states, regardless of differences in their political and socio-economic systems.

The states pledged “to carry out international cooperation in resolving international problems of an economic, social, cultural and humanitarian nature”, as well as “to maintain international peace and security and to this end take effective collective measures.”

The principle is also fixed in the statutes and countless acts of many international organizations, in thousands of international treaties.

The Declaration of Principles of 1970 defined the content of the principle, fixing the obligation of all states to cooperate with each other in order to: - maintaining peace and security, promoting international stability, progress and the general well-being of peoples; - respect for and observance of human rights and elimination of all forms of racial discrimination and religious intolerance; - taking joint and individual measures in accordance with the UN Charter; - promotion of general progress in the economic, social and cultural fields, as well as in the field of science, technology and education.

In the conditions of the modern world, the importance of the principle is enhanced. The number of problems that states can no longer solve alone is growing. The emergence of global problems, new dangers, challenges and threats forces all subjects of international law to cooperate with each other to ensure the global legal order, which is based on the rule of law.

International cooperation is a complex and multifaceted mechanism of interaction between states, in which the ability of the world community to jointly solve the global problems of mankind is manifested.

Cooperation in the field of combating illicit trafficking in drugs and psychotropic substances is currently one of the priority areas of international cooperation, which involves subjects that are heterogeneous in nature.

International cooperation in the field of preventing illicit trafficking in narcotic drugs, psychotropic substances and precursors is currently one of the priorities of international cooperation, which includes subjects that are not identical in their essence.

As noted above, the subjects of cooperation in this area are both state and

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international organizations. At the same time, although the actors are organizationally and legally different, the problem they face requires a similar mutually agreed approach.

This can only be achieved through cooperation based on unity and solidarity. As a basis for this, the basic principles that create conditions for the interaction of subjects in the area under consideration are considered. From the general legal interpretation, legal principles are understood as the basic principles, the field of law and the institution of law, which form the basis of the legal system. The concept of principles of international law is considered in several senses. These are the basic principles that form the basis of international relations in general.

Such a superstructure is reflected in the UN Charter [1], the Final Act of the Organization for Security and Cooperation in Europe in 1975 [2] and other documents. The basic principles strengthen the foundations of the modern world order, including the foundation of interstate relations in the fight against crime.

Within the framework of this study, the basic principles of international law, such as the principle of cooperation between states, the principle of non-interference in the internal affairs of states, the principle of conscientious fulfillment of obligations under international law, are of great importance.

In our opinion, the current Customs Code of the Republic of Uzbekistan [3] does not specify the principles in the main provisions, in this regard, it would be advisable to specify the basic principles of international law in the draft Customs Code, which is currently being developed. in the new edition.

The principle of cooperation between states is enshrined in the Charter of the United Nations, as well as in the Declaration of October 24, 1970[4] on the principles of international law relating to friendly relations and cooperation among States in accordance with the Charter of the United Nations.

In particular, the Declaration states: “...states, regardless of their political, economic and social system, cooperate in various areas of international relations in order to maintain international peace and security and promote economic stability and development and the general well-being of their peoples ....”.

According to the Russian scientist V.A. Nomokonov, this principle is an integral part of the international fight against illicit trafficking in drugs and psychotropic substances, since it is the coordinated actions of states that can lay a solid foundation for such a fight [5].

In our opinion, this principle is important in the context of the research topic, since international activities to combat illicit trafficking in narcotic drugs and psychotropic substances are, first of all, the establishment of common principles, obligations of states and uniform standards in the classification of drugs.

At the same time, states independently determine the forms and methods of combating this problem on their territory, as well as independently establish the parameters of cooperation in this area on the basis of agreements.

The principle of non-interference in the internal affairs of states is enshrined in the UN Charter [6], the Declaration on the Principles of International Law of 1970 [7], the Final Act of the Security and Cooperation Council for Europe of 1975 [8] and others.

The principle of good faith fulfillment of obligations under international law is that States must fulfill their international obligations in good faith and accurately. Only then can international obligations be recognized in good faith.

States should adhere to this principle, especially in the fight against illicit trafficking in narcotic drugs, psychotropic substances and precursors, since conscientious objection to military service or non-compliance with the provisions of international agreements significantly reduces the effectiveness of all the efforts of the international community to combat illicit drug trafficking.

The considered basic principles play an important role in regulating the interaction

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of subjects of international law in the field of combating illicit trafficking in narcotic drugs and psychotropic substances, as they determine the basis for such regulation. However, each branch of international law has its own principles, depending on its specific features and the scope of regulated relations. In our opinion, the issues of international cooperation in preventing and combating illicit trafficking in narcotic drugs and psychotropic substances have traditionally belonged to the sphere of international law, such as the international fight against crime. It should be noted that international cooperation in the field of preventing drug trafficking is an independent legal institution within each branch of international law. In this regard, the specific principles of this network can become the principles of international cooperation in the fight against drugs. Among the principles of such a network: the principle of extraterritoriality, the principle of cooperation in extradition, the principle of universal recognition of international crimes, the principle of state jurisdiction, etc. The principles of the network are undoubtedly an important basis for cooperation in the field that is the subject of this study. At the same time, there are other specialized principles of international cooperation in the fight against drug trafficking. In the specialized literature on combating illicit trafficking in narcotic drugs and psychotropic substances, there are different points of view on this issue. In particular, E.G. Hasanov offers the following classification: - sectoral principles of international cooperation in the fight against crime; - principles of international legal institutions; - principles of international cooperation in the fight against illicit arms trafficking; - principles of international cooperation in the fight against illicit trafficking and exploitation of women and children; - international cooperation in the fight against drug trafficking, etc. [9].

In our opinion, we can agree with this opinion, since the subjects of international cooperation meet the requirements of the system. The main and most common object of such cooperation is transnational crime. The fight against its individual types is built, on the one hand, on principles common to all, and on the other hand, it requires specialized approaches, including such approaches from the point of view of the principles of cooperation within the framework of countering each type of transnational crime. At the doctrinal level, one can show different approaches to the principles of international cooperation in the fight against illicit trafficking in drugs and psychotropic substances. Thus, the allocation of independent principles of international cooperation in the fight against illicit trafficking in drugs and psychotropic substances is appropriate and necessary for the theoretical support of the problem under study. This rule is confirmed by a number of international documents that establish the specific principles of international cooperation in the fight against illicit trafficking in drugs and psychotropic substances. One of the most important of these documents is the 1998 United Nations Declaration on Policy Principles for Drug Demand Reduction [10]. The international community has already recognized that it is the uncontrolled demand for drugs that leads to an increase in their production, smuggling and trade in different countries. According to the document, states undertake to take appropriate measures in the political and social spheres, health care and education in order to allocate funds for drug use reduction programs that will help alleviate health problems, improve the health and well-being of the population, and strengthen socio-economic integration. In addition, the goal of the Declaration is to take balanced measures to establish interregional and international cooperation in order to control the supply of drugs

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and psychotropic substances and reduce demand.

The 1998 United Nations Declaration of Principles on Drug Demand Reduction enshrines two types of principles: general and specific.

The first includes, in particular: - respect for the sovereignty and territorial integrity of states; - respect for human rights and fundamental freedoms and the principles of the Universal Declaration of Human Rights; - the principle of common responsibility; - the principle of a balanced approach to tough measures to reduce the supply and demand for drugs; - the principle of an integrated approach to solving the drug problem.

A special place in the Declaration is given to the special principles of reducing the demand for drugs, since this factor is recognized by the UN as one of the main reasons for the growth in the production and sale of drugs in the world. According to the declaration, measures to reduce demand: - aims to prevent the growth of drug use and reduce the negative consequences of drug abuse; - ensure and encourage the active and coordinated participation of individuals at the community level and in high-risk situations, in particular in view of their geographic location, economic conditions or relatively large numbers of drug users; - take into account cultural characteristics and gender factors; - to promote the creation and development of favorable conditions for a decent life for the population.

According to the essence of the 1998 UN Declaration on the Principles of Drug Demand Reduction, these principles must be implemented within the framework of special international programs, such programs must be funded by all interested parties and implemented on the territories of all participating countries.

In particular, it is emphasized that demand reduction programs should be based on the nature and extent of drug use and abuse, as well as drug-related problems in the population. This is necessary to identify any emerging trends. Evaluations should be carried out by States in a comprehensive, systematic and regular manner and based on the results of relevant studies, taking into account geographical factors, using similar definitions, indicators and procedures for assessing the drug situation.

Demand reduction strategies should be based on research data as well as lessons learned from previous programs. In addition, these strategies should take into account scientific developments in this area, in accordance with existing contractual obligations and in accordance with national legislation.

Furthermore, as part of the implementation of these principles, the Declaration emphasizes that demand reduction programs should cover all areas of prevention, from preventing initial drug use to reducing the health and social consequences of drug abuse.

These should include public information, education, awareness raising, early drug detection, appropriate interventions, counseling, treatment, rehabilitation, relapse prevention, follow-up and social adjustment. Those in need should be given the opportunity to receive timely assistance and access to appropriate services.

The 1998 Declaration focused on international cooperation in implementing drug demand reduction principles. In particular, a partnership approach to problem solving is critical to accurately assessing problems, identifying effective solutions, and designing and implementing appropriate policies and programs.

Therefore, developing partnerships between governments, NGOs, parents, teachers, youth organizations, civil society organizations, health workers’ organizations, trade union organizations and the private sector is of fundamental importance.

Such sensitivity helps raise public awareness and enhance the ability of

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communities to deal with the negative consequences of drug abuse. The Declaration highlights the importance of public accountability and awareness for the sustainability of demand reduction strategies.

According to the American scientist Charles R. Fritsch, efforts to reduce demand should be an integral part of the overall program activities and programs of preventive education in the field of social welfare and health care. The 1998 Declaration emphasizes the need to create and maintain the necessary conditions for people to look healthier and feel more comfortable in choosing a healthy lifestyle.

Efforts to reduce the demand for drugs should be part of a broader approach to social policy, an element that should promote interaction between different sectors. Such efforts should be comprehensive, multifaceted and coordinated and should become an integral part of public policy, policies that affect the health and socio-economic well-being of people in general [11].

In our opinion, the UN Declaration on Principles for Drug Demand Reduction is a very comprehensive document that reflects not only the principles themselves, but also the conditions, ways and means of their implementation. Since drug demand reduction is an integral part of the overall international policy aimed at combating drug trafficking, the provisions of the Declaration discussed above can be included in the principles of international cooperation in combating drug trafficking.

At the same time, not all principles of international cooperation in combating illicit drug trafficking can be reconciled with the provisions of the 1998 Declaration. The field is much wider and the efforts of the international community are more comprehensive. At the end of this paragraph, we will try to highlight the current system of principles of modern international cooperation in the fight against illicit trafficking in drugs and psychotropic substances, based on the provisions of the above doctrines and international documents.

We can divide these principles into two groups according to their content. In the first group, we include single parameters of international cooperation, the role of international organizations in it, parameters that determine the main criteria for interaction. The second group should reflect the specifics of cooperation in a specific area of ​​interaction, i.e. countering drug trafficking.

II. Research results and discussion The first group includes:

1. The principle of universality. This means that international cooperation in the fight against illicit drug trafficking must cover all countries of the world, otherwise all the efforts of the world community will be in vain; 2. The principle of an integrated approach to problem solving. According to this principle, the problem of drug trafficking must be solved in conjunction with other global problems of mankind at the present stage: terrorism, poverty, population growth and other problems, since they are closely interrelated; 3. The principle of separation of competencies of national and international agencies. This principle follows from the principle of the sovereignty of states and non-interference in their internal affairs, enshrined in the UN Charter and other universal international treaties. International cooperation in the fight against drug trafficking should take into account the interests of specific countries, therefore, the competence of international and national bodies should be clearly defined; 4. Respect for human rights and fundamental freedoms. This principle means that the fight against illicit drug trafficking should not be carried out by any means and methods, including those that violate fundamental human rights guaranteed by international agreements. The efforts of the international community to combat the spread of drugs serve, first of all, the interests of each person, his health and well-being. Therefore, consideration of rights

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and freedoms is an integral principle of international cooperation in the fight against drug trafficking. The second group includes: 1. The principle of the integrity of legal regulation. This means that international cooperation in the fight against drug trafficking is based on common standards, conditions and rules. “double standards”, differences in concepts and terms, there should not be different interpretations of the binding nature of the provisions of an international document; 2. The principle of harmonization of national and international means of struggle. This principle means that the various measures taken by the law enforcement agencies of individual states must be consistent with the overall strategy of the world community in the fight against drug trafficking; 3. The principle of continuous observation. In accordance with this principle, international cooperation in the fight against illicit drug trafficking should include the interaction of statistical and law enforcement agencies of states to control the situation with the production, transportation and consumption of narcotic drugs and psychotropic substances; 4. The principle of information exchange - means the need for a regular exchange of information as the basis for international cooperation in the fight against drug trafficking; 5. The principle of conformity - means that the efforts of individual countries should not contradict each other; 6. The principle of proportionality of damage - the damage caused as a result of joint international operations must be proportional to the goals and results of these operations; 7. The principle of state responsibility. This principle means that any state that fails to fulfill its obligations in connection with participation in international cooperation in the fight against drug trafficking must be held accountable at the international level;

8. The principle of taking into account regional and geographical features - when developing a strategy and tactics for international cooperation in the fight against drug trafficking, one should take into account the specifics of the region, its geographical location, the specifics of the drug threat within it; 9. The principle of taking into account the national and cultural characteristics of the population. The principle is that international cooperation in the fight against drugs should take into account the role of drugs in the cultural and national traditions of the peoples of different countries, since in some of them the consumption of plants containing drugs is an integral part of local customs.

III. Conclusion Summarizing the above, it should be noted that it is based on a system of principles of international cooperation in the fight against illicit trafficking in narcotic drugs, psychotropic substances and precursors, namely: - the principle of universality; - the principle of an integrated approach to solving problems; - the principle of respect for human rights and freedoms; - the principle of the integrity of legal regulation; - the principle of harmonization of national and international means of struggle; - the principle of continuous monitoring; - the principle of information exchange; - the principle of conformity; - the principle of proportionality of losses; - the principle of state responsibility; - the principle of taking into account the national and cultural characteristics of the population. On March 30, 1961, a conference of authorized representatives of states adopted the Single Convention on Narcotic Drugs of 1961[12] and a number of resolutions on technical assistance in the field of narcotic drugs, on the treatment of drug addicts, on persons who are involved in drug trafficking,

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on the membership of the ECOSOC Commission on Narcotic Drugs, on the international control apparatus. The single convention of 1961 consists of 51 articles and 4 lists of narcotic drugs, distributed depending on the control regime applied to them. The preamble states the two main objectives of the Single Convention: legal - to conclude a mutually acceptable international convention that replaces existing treaties on narcotic drugs, and socio-economic - to limit the use of narcotic drugs exclusively to medical and scientific needs. These two goals are closely related. Their implementation is ensured by the requirement to cooperate in accordance with the principle of international cooperation. An important principle is the control of the international drug trade, the legal requirement of which is that no state has the right to export drugs to another country without the special consent of the latter. In furtherance of this principle, the Single Convention defines the rules for international drug trade and the procedure for making settlements (Article 31). In connection with the entry into force of the Single Convention (December 13, 1961), previously adopted international treaties became invalid - the Hague Convention of 1912, the Geneva Conventions of 1925 and 1931, the Geneva Agreement of 1925, the Bangkok Agreement of 1931, Protocols of 1946, 1948 and 1953 (Article 44). In accordance with paragraph 2 of Article 44 of this Convention, only Article 9 of the 1936 Convention, which is replaced by paragraph 2 of Article 36 of the Single Convention, ceases to operate in relations between the parties to the conventions. In February 1971, the Vienna Convention on Psychotropic Substances was adopted at a special diplomatic conference in the capital of Austria [13]. This Convention consists of a preamble, 33 articles and a list of narcotic and psychotropic substances (Schedules I - IV). Given that there are three main groups of psychotropic substances

(hallucinogens, stimulants and sedatives), it has been recognized to establish several control regimes. Article 2 of the Convention provides for the procedure and participation of authorized bodies in determining the control regime for the relevant psychotropic substance. This order is quite similar to that established for narcotic drugs by the provisions of the Single Convention of 1961. In the implementation of the regime for the control of psychotropic substances in Schedules II, III and IV, significant powers are vested in the States Parties to the Convention. With regard to dangerous substances such as hallucinogens, which have limited therapeutic use, it was considered necessary to subject them to strict control (Article 7). In the 1971 Convention, these substances are listed in Schedule I. In addition, with regard to substances in Schedules III and IV, they can be used for medical purposes and without a prescription, in accordance with the decision of the Parties (Article 9, paragraph 3). The 1971 Convention requires each Party to impose on its territory a system of restrictions on the manufacture, export, import, distribution, stockpiling, sale and use of psychotropic substances and to ensure their use only for medical and scientific purposes (art. five). Of significant importance are the articles of the 1971 Convention governing the fight against illicit trafficking in psychotropic substances, which must be carried out with close international cooperation, but “with due regard to their constitutional, legal and administrative systems” (Article 2). In particular, they establish a rule that prescribes the obligation of each Party (Article 22), subject to its constitutional restrictions, to consider as offenses subject to punishment, actions committed with intent, contrary to applicable law and providing for punishment, including those related to imprisonment. Article 22, paragraph 4, provides that, in matters of jurisdiction, the provision of the national criminal law of the Party concerned

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takes precedence over the corresponding provisions of this article (Article 22, paragraph 4).

It should be noted that the 1971 Convention does not provide an appropriate list of offenses, but only contains a reference to the fact that the offense is determined by the Parties (paragraph 1 “a” of Article 22). At the same time, it is indicated that actions to prepare a crime, complicity, financial transactions in connection with an offense, as well as an attempt to commit a crime are also subject to punishment (paragraph 2 of article 22). Substances found during the commission of a crime are subject to confiscation.

In this Convention, certain provisions are discriminatory. First of all, according to the author, this concerns paragraph 1 of Article 25 of the Convention, according to which states that are not members of the UN, for example, cannot become parties to it. The discriminatory nature of the provisions of Article 27, which defines the scope of the Convention, which limits the legal capacity of certain “territories outside the mother country” and, thus, is contrary to the Declaration on the Granting of Independence to Colonial Countries and Peoples.

The adoption of the 1971 Convention on Psychotropic Substances continued the process of forming the mechanism of international legal regulation and its important component - international control. Since the adoption of the 1971 Convention, international cooperation between states in the fight against illicit trafficking in narcotic drugs has extended to psychotropic substances.

The adoption of international agreements regarding the limitation and control over the production, import and export, distribution of narcotic drugs and psychotropic substances, no matter how comprehensive they may be, did not fully resolve the urgent issues of combating this acute social problem of our time. In order to effectively combat this social scourge in the new conditions of the 1980s, a new international treaty was needed to combat drug crime, especially its organized forms.

Under the auspices of the UN, in the new political situation of the late 1980s, in December 1988, at the International Conference in Vienna, the UN Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances [14] was adopted, which entered into force in November 1990.

The 1988 UN Convention consists of 34 articles and an addendum that contains two tables - lists of substances that are used in the illicit manufacture of narcotic drugs or psychotropic substances.

The main purpose of this Convention is to promote cooperation between the Parties so that they can more effectively solve various problems of illicit trafficking in narcotic drugs and psychotropic substances that are of an international nature. In fulfilling their obligations, the Parties shall take the necessary measures in accordance with the provisions of their domestic laws (Article 2).

Article 2 of this Convention enshrines such principles of international law as the principle of sovereign equality and territorial integrity of states, non-interference in the internal affairs of other countries, which the Parties must adhere to when fulfilling their obligations under the 1988 UN Convention.

The 1988 Convention specifically provides for the establishment of the jurisdiction of the Parties in individual cases (Article 4), and also states that this Convention does not exclude the possibility of exercising criminal jurisdiction recognized by a Party in accordance with its national law.

One of the main areas of international cooperation defined in the Convention is the extradition of criminals and the provision of legal assistance in criminal cases. Paragraph 4 of Article 5 and Articles 6-8 of the said Convention establish the legal mechanism for the implementation of the mentioned area of international ​​ cooperation.

Assessing the 1988 UN Convention, we can conclude that it has received normative formalization of an effective mechanism

E-ISSN: 2181-1024 Volume 3, Issue 1 (2022) TSUL Legal Report 119

for combating international illegal activities related to illicit trafficking in drugs, psychotropic substances and precursors, including issues of control over illicit drug trafficking. In conclusion, it can be noted that thanks to the adoption of the universal international drug control treaties, it was possible to achieve a reduction in the manufacture and trade of many controlled substances. The universal international legal mechanism created to date, supplemented by the action of the appropriate national legal means, makes it possible in a sufficiently effective form to counteract the illicit distribution of drugs on a global scale.