PREVENTION OF TRAFFICKING IN PERSONS: FOREIGN EXPERIENCE

Abstract

In the article the author examines the peculiarities of the legal prohibition of human trafficking in foreign countries. It is indicated that the international legal acts sufficiently clearly limit the list of actions that can be defined as those related to human trafficking. Taking into account the indicated international approaches, a number of countries have already created their own vision of the algorithm, which can potentially contribute to the prevention of socially dangerous acts. To date, American legislation in terms of preventing cases of human trafficking is sufficiently balanced, and therefore its individual provisions can be successfully integrated into national criminological practices. In view of the potential public danger, as well as taking into account statistical data and judicial practice, which indicates that often cases of human trafficking are latent, in the author’s opinion, the limit of criminal responsibility for such an act is to be imposed in the form of deprivation of liberty for a period of 12–15 years is fair enough. It is noted that the Ukrainian criminal legislation for the commission of qualified trade also provides for a sufficiently serious punishment in the form of imprisonment for a term of eight to fifteen years with confiscation of property. The author draws attention to the fact that he is closer to the approach of countries that have singled out human trafficking as an independent criminal offense. This vision is due, first of all, to the conviction that no socially dangerous act, which has clear boundaries and definitions, as well as wide distribution, cannot be prevented by using secondary legal acts, precedents, etc. It is concluded that most foreign countries draw a very fine line between human trafficking and sexual exploitation. This state of affairs can be explained by the fact that, for the most part, human trafficking aims either to further use such persons in prostitution, or to extract and transplant organs.