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The tendency of growth of human trafficking related crimes has become more evident of the past years.
Young women are trafficked to Europe, USA, Canada, countries of Africa, Asia and the Middle East. Huge profits go to transnational organizations of human traffickers and pimps. The criminal business of this kind is pulling inside not only young women but also children.
“Human trafficking is conditioned by the difference in social state of the various sections of the population and also by the difference in level of people’s living in various regions. Looking for a better life and job, people have to leave places of their permanent residence and travel to other regions and countries.” (1)
There are many objective reasons for existence of human trafficking phenomenon in Russia.
Such reasons are:
- practically transparent state borders between Russia and CIS countries;
- increase in migration flows outside and inside Russia;
- developed internal human trafficking in Russia as one of the spheres of criminal business, including use of forced labour;
- globalization of the organized crime, existence of the stable channels of “deliveries”. Russia is considered to be a country of origin, transit and destination.
Many countries have adopted special legislative acts, rules and regulations criminalizing human trafficking.
In order to create a special legal basis for prevention of human trafficking in the RF, an Inter-Agency Working Group (WG) (2) was established under the auspices of the Legislative Committee of the State Duma (3) in 2002. Members of WG - the State Duma deputies, representatives of various ministries and departments and non –governmental organizations - have initiated and developed the draft Federal Law “On Prevention of Human Trafficking”, which determines legal and organizational regulations for prevention of human trafficking in the RF, the way of coordination of activities of executive federal agencies, public institutions and unions. The draft Law determines also a legal status and state guarantees for the victims of human trafficking.
The draft Law was widely discussed during the conferences and seminars with participance of the deputies of the State Duma of the RF, representatives of ministries and state departments, NGOs, public organizations dealing with the problem of human trafficking, as well as UN and EU experts, representatives of the US Ministry of Justice to Russia.
The provisions of the draft Law were also discussed during the parliamentary hearings in February, 2003 and March, 2006.
At present time the WG is carrying out the revision and upgrading of the existing draft Law basing on the comments and amendments proposed by the interested ministries, state departments and political parties.
In January, 2004 the First All-Russian Anti-Trafficking Assembly of NGOs brought together representatives of state bodies and more then 80 non-governmental organizations from all regions of Russia, working in the sphere of human trafficking prevention during the past 10 years. The main goal of the Assembly was to elaborate the general strategy of slavery and human trafficking prevention on the territory of Russia and creation of Coordinating Centre for mutual cooperation between governmental and non-governmental organizations.
The Second All-Russian Anti-Trafficking Assembly of NGOs was held on 26th of March, 2006 in Moscow. 63 NGOs took part in the Assembly. The Second Assembly for the first time promulgated the report of the WG on the State of Combat Trafficking in Human Beings and Slavery in Russia.
In 2003 the Federal Law No. 162-ÔÇ “On Introducing Changes and Additions to the Criminal Code of the Russian Federation” was adopted in Russia. With the adoption of this Law, the Russian law enforcement authorities received a legal basis for the criminalization and prosecution of trafficking-related offences. The Law envisages criminal liability for trafficking in persons (Article 127-1), use of slave labour (Article 127-2), involvement of minors in engaging in prostitution (Article 240, part 3), organization of engaging in prostitution (Article 241), manufacture and distribution of materials or objects with pornographic depictions of minors (Article 242-1).
The terms “trafficking in persons”, “slave labour” were added to the legal vocabulary of Russia.
According to the Law trafficking in persons, is “the buying and selling of a person or other actions committed for the purpose of his exploitation in the form of recruitment, transportation, transfer, harboring, or receipt”. The Law differentiated the criminal liability for trafficking in persons. Depending on the gravity of crime (committed with regard to two or more persons, with the use or threat of force, etc.), the punishment might be to 15 years of imprisonment.
The Law defined slave labour as “the use of person's labor with regard to whom power characteristic of the right of ownership is exercised, in the event when a person, for reasons beyond his control, cannot refuse doing the work (providing services)”. Maximum punishment by imprisonment - up to 15 years.
The criminal liability for involvement of minors in engaging in prostitution was increased up to 8 years of imprisonment; criminal liability for organization of engaging other persons in prostitution was broadened.
Aggravating circumstances included the use or threat of force, the use the authority of official position, the deliberate use of minors for engaging in prostitution, etc.
The Federal Law of 20 August 2004 No. 119-ÔÇ “On State Protection of Victims, Witnesses and Other Parties to Criminal Proceedings” plays an important role in combating the criminal business of human trafficking. It enacts a set of state-guaranteed security measures for the protected persons. In accordance with the Law, claimants, witnesses, victims shall be eligible to the government protection.
The Federal Law entered into force on January 1, 2005.
The Law creates normative and legal basis for protection of victims of human trafficking and members of their families through: relocation to a different permanent place of residence; issue of new documents; change of appearance; personal protection, protection of home and property; provision of the protected person with special individual protection, communication and security alarm devices; protection of confidential information on the protected person; transfer to a new job or educational institution; temporary relocation to a secured shelter.
(Article 6, Chapter 2)
The specialized division was created within the Investigation Committee of the Ministry of interior of Russia with the purpose of prevention, detection and investigation of criminal cases in the sphere of illegal migration, trafficking in persons and use of slave labour.
The methodological practices on investigation of trafficking-related crimes were worked out. The practices contain criminal qualification of trafficking in humans, investigation procedures of trafficking-related cases, ways of cooperation, tactical characteristics of some initial investigative actions, subsequent and final stages of investigation.
In April 2007 in the Federal Department on Countering Organized Crime and Terrorism of the Ministry of Internal of Russia the specialized Division on Countering Kidnapping and Human Trafficking was established.
The law enforcement authorities of the Russian Federation actively cooperate with the foreign law enforcement agencies, with Russian and international non-governmental organizations, including International Organization for Migration.
The Council of the Presidents of Commonwealth of Independent States (CIS) in November 2006 had worked out and accepted the Programme of Cooperation of CIS member-states in the sphere of combating human trafficking for the years 2007-2010. The Programme envisages carrying out of organizational, operative and preventive activities against trafficking in CIS member-states.
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