THE MINISTRY OF INTERIOR OF RUSSIAN FEDERATION

Department on struggle with illicit drug traffic

Moscow

28.08.98 N 9/1-832

To the deputy minister of public health services

of Russian Federation

Starodubov V. I.

In response to N 1-GP-95-98 from 30.07.98

About realization of some clauses of the Federal Law "On narcotic drugs and psychotropic substances"

Dear Mr. Starodubov!

According to your inquiry from July 9, 1998 N 2 510/6193-98-37 we inform about the opinion of Ministry of Interior of Russia on realization of some clauses of the Federal law "On narcotic drugs and psychotropic substances ".

We thank for cooperation and mutual understanding.

The appendix: on 4 sheets.

Yours faithfully,

A. Sergeev

(Chief)

The appendix

On questions of realization of some clauses of the Federal law "On narcotic drugs and psychotropic substances"

Under clause 44 (Medical survey)

In the context of adoption of the Federal law "On narcotic drugs and psychotropic substances", which establishes the legal rule forbidding consumption of narcotic drugs or psychotropic substances without medical prescription, it is expediently in our opinion to develop the order of medical survey only for cases determined by item 5 of clause 44 of the Law, having kept the current order of survey in cases stipulated by other normative acts.

Simultaneously we inform you, that on initiative of Russian Interior Ministry the Government of Russian Federation has brought appropriate legislative proposals in the State Duma about inclusion in project of the Administrative Code some clauses about responsibility for a non-medical consumption of drugs and evasion from survey.

Under clause 54 (Medical care for drug addicts)

Clause 54, concerning the drug addicts who are under medical supervision and are continuing to consume narcotic drugs or psychotropic substances without medical prescription or evading from treatment, is a blanket norm and can not be applied until the respective legislation will not be adopted.

In our opinion, it is necessary to provide the order of application of measures of compulsory stationary treatment to the specified category of the persons, in case of their evasion from treatment, in the project of the Federal law "On treatment and social rehabilitation of drug addicts".

The principles stated in your letter, on the basis of which the compulsory treatment of drug addicts could be carried out, correspond to the real situation which has been practically usual now, and Russian Interior Ministry supports them.

Under clause 56 (Order of medical supervision of patients and registration of drug addicts)

Taking in consideration that out-patient supervision and the rendering of necessary medical and social help is possible on the basis of clauses 26 and 27 of the Laws "On the psychiatric help and guarantees of the rights of the citizens during its rendering", we regard as necessary to settle urgently the order of such supervision and registration of drug addicts in an interdepartmental normative act of Ministry of public health services, Interior Ministry, Ministry of Justice and General Prosecutor's Office of Russia (instead of the current order of Interior Ministry of USSR and Ministry of public health services of USSR N 402/109-88).

Under clause 40 (Prohibition of consumption of narcotic drugs or psychotropic substances without medical prescription)

As to a problem of anonymous treatment of drug addicts, in view of an opportunity to introduce into the Administrative Code the responsibility of the persons consuming drugs, on the basis of clause 40 of the Law, the Interior Ministry of Russia essentially do not object to an opportunity of rendering medical aid to drug addicts also on anonymous basis. In this context we consider expedient the proposal of Ministry of public health services of Russia about drafting of an instruction, where it would be necessary to settle the order of rendering of such help, and also fixing the information about the persons who have addressed seeking the anonymous treatment, and transferring this information if necessary to police bodies, preliminary interrogation bodies and courts.

Interior Ministry of Russia does not support today the practice of the exchange of the used syringes to the new ones for consumers of drugs.

The very idea concerning realization of measures on preventive maintenance of AIDS, as well as of work to inform about harm of drug consumption and opportunities for reception of medical aid by drug addicts, does not cause blames. At the same time, in our opinion, programs of syringes exchange will bring in Russia more harm rather than benefits, for the following reasons:

1. It is having place a contradiction (infringement) to the Law. Clause of 40 of the Federal Law forbids consumption of narcotic drugs or psychotropic substances without medical prescription. The appropriate legislative proposals on establishment of the sanctions for infringement of given Law clause are already tabled. Liberalization of the law in conditions of prompt growth of drug addiction seems untimely.

2. Besides, clause 47 comma 3 of the Law directly specify that the property (including syringes), used for realization of activity connected to an illicit traffic of narcotic drugs, psychotropic substances and their precursors, is subject to confiscation. The actions on exchange or distribution of syringes contradict the given norm of the Law.

3. A public exchange of syringes, needles among drug addicts, simultaneous distribution of spirits napkins, condoms, paying money compensation for participation in anonymous interviewing will disorient the public opinion, especially young people, and create the misunderstanding of all dangers represented by drug addiction. The activity on realization of the similar projects in Russia creates indirectly conditions for familiarizing youth with consumption of drugs.

4. Criminal displays revealed by law-enforcement bodies among participants of the programs in St. Petersburg and Yaroslavl, are important and dangerous enough to take them into account as really possible relapses in a national-wide scale. Criminalizing of the society caused by drug addiction, practically annihilates in fact, in our opinion, good intentions and efforts of the organizers of the projects on preventive measures against AIDS.

In opinion of the Yaroslavl Regional Interior Department, the syringes exchange program not only expands a circle of persons consuming drugs, but promotes fast transition to consumption of more "hard" kinds of drugs, involves criminogene contingent other regions and is considered by the healthy part of the society as the moral-ecological intervention menacing to the national security.

The negative position on the examined problem is also agreed with Permanent Committee on Drug Control.

Taking into account all the above mentioned, we considered inexpedient to recommend to the subjects of Russian Federation promotion of the syringes exchange programs to the consumers of drugs, by means both of public organizations and drug addiction institutions of public health services.

Interior Ministry of Russian Federation