Date of entry into
force:
November 15, 2011
(Abstract)
The Law determines the organizational and legal principles of counteracting
human trafficking, while guaranteeing gender equality, the main directions of
state policy and principles for international cooperation in this sphere, the
authority of bodies of executive power, the procedure for granting the status
of a victim of human trafficking, and the procedure for providing assistance to
such victims.
Article 1 of the Law defines the terms used in it. For example,
counteracting human trafficking is a system of measures aimed at fighting human
trafficking by preventing and counteracting it, and at providing assistance and
protection for victims of human trafficking. Human trafficking is concluding an
illegitimate agreement, the object of which is a human being, as well as
recruitment, transportation, harboring, transfer, or receipt of persons, for
the purpose of exploitation, including sexual, by means of deception, fraud,
blackmail, abuse of a position of vulnerability, abuse of power or material or
other dependence on another person, which are recognized as a crime according
to the Criminal Code of Ukraine.
The main principles of counteracting human trafficking are defined by
Article 3 of the Law.
Article 4 of the Law establishes the main directions of state policy in the
sphere of counteracting human trafficking.
According to Article 5 of the Law, the entities implementing measures in
the sphere of counteracting human trafficking are:
·
the Cabinet of
Ministers of Ukraine;
·
central bodies of
executive power;
·
local bodies of executive power
·
foreign diplomatic
institutions of Ukraine;
·
facilities
providing assistance to human trafficking victims.
The general authority of entities that implement measures in the sphere of
counteracting human trafficking are envisaged by Chapter II of the Law.
Article 9 envisages that prevention of human trafficking is done in the
following directions:
·
researching the situation;
·
increasing the awareness level;
·
decreasing the
level of population vulnerability;
·
overcoming the
demand by implementing organizational, research, informational, educational,
legal, socio-economic and other measures.
Article 12 of the Law lists the following as tasks in the sphere of counteracting
human trafficking:
·
identifying the
reasons and factors that facilitate human trafficking, and implementing
measures to eliminate them;
·
ensuring the
safety of victims of human trafficking, witnesses and other persons taking part
in criminal judicial proceedings in human trafficking cases;
·
uncovering and
investigating crimes related to human trafficking;
·
bringing persons
involved in human trafficking to liability, including criminal;
·
ensuring
restoration of rights of victims of human trafficking;
·
informing the
community and the entities implementing measures in the sphere of counteracting
human trafficking of the results of activity in the sphere of counteracting
human trafficking.
In order to protect victims of human trafficking and to provide them with
efficient assistance, the National Mechanism for Interaction between entities
implementing measures in the sphere of counteracting human trafficking has been
created. Implementing the National Mechanism for Interaction between enmities
implementing measures in the sphere of counteracting human trafficking includes
identifying the needs of victims of humans trafficking and locating bodies or
institutions that can satisfy such needs. The entities implementing measures in
the sphere of counteracting human trafficking interact in the process of
counteracting human trafficking, within the framework of implementing the
National Mechanism for Interaction between entities implementing measures in
the sphere of counteracting human trafficking, and cooperate with community
associations, and regional and international organizations (Article 13 of the
Law).
The rights of a person who had applied for the status of a victim of human
trafficking are determined by Article 14 of the Law.
The procedure for granting the status of a victim of human trafficking is
determined by the Cabinet of Ministers of Ukraine. The necessary component of
the procedure of granting the status of a victim of human trafficking is an
interview with the applicant for the status of a victim of human trafficking,
conducted by a local state administration, and filling in a questionnaire
related to granting the status of a victim of human trafficking. The total
duration of the procedure to grant the status of a victim of human trafficking
may not exceed one month after the interview with the applicant had been
conducted by the local state administration. If the decision is made to grant
the person the status of a victim of human trafficking, an appropriate
certificate is issued. The certificate of the status of a victim of human
trafficking is issued for a term of up to two years (Article 15 of the Law).
According to Article 16 of the Law, a person with the status of a victim of
human trafficking is entitled to being ensured personal safety, respect, and to
receive the following free of charge:
·
information on
their rights and abilities, in the language the person has the knowledge of;
·
medical,
psychological, social, legal and other necessary aid
·
at the victim's
wish and in case they lack housing, temporary accommodation in facilities
providing assistance to victims of human trafficking, for a term of up to three
months; if necessary, this term can be extended by decision of the local state
administration, particularly in case the person is taking part in a criminal
process in the aggrieved person or witness capacity;
·
compensation of
moral and material damages at the expense of persons who had caused it,
according to the procedure established by the Civil Code of Ukraine;
·
one-time material
aid, according to the procedure established by the Cabinet of Ministers of
Ukraine;
·
assistance in
employment and exercising their right to education and professional training.
In order to ensure the exercising of rights envisaged by the Law, victims
of human trafficking may be directed to one of the centers in the network of
social services centers for the family, children and young people, or social
service centers. In order to provide assistance to children who became victim
to child trafficking, such children may be directed to centers of
socio-psychological rehabilitation for children and child shelters for
psychological aid and ensuring rehabilitation, according to the procedure
established by the legislation (Article 17 of the Law).
Chapter VI of the Law is dedicated to counteracting child trafficking.
The Verkhovna Rada of Ukraine carries out parliamentary control in the
sphere of counteracting human trafficking, within the limits determined by the
Constitution of Ukraine. Other bodies of state power exercise control in the
sphere of counteracting human trafficking, within the authority and with the
means provided for by the Constitution of Ukraine and the Laws of Ukraine
(Article 25 of the Law).
The Law also introduces appropriate amendments to the Criminal Procedural
Code of Ukraine, and the Laws of Ukraine "On Immigration", "On
Social Services", "On Social Work with Families, Children, and Young
People".
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