ТОРГІВЛЯ ЛЮДИНОЮ – ЩОДО ОПТИМАЛЬНОЇ МОДЕЛІ ДИСПОЗИЦІЇ Ч.1 СТ. 149 КК УКРАЇНИ

Abstract

On November 4, 1950, in order to ensure the human rights proclaimed in the Universal Declaration, the Council of Europe adopted the Convention for the Protection of Human Rights and Fundamental Freedoms, which reaffirmed the prohibition of slavery and forced labor (Article 4 of the Convention).

This Convention was ratified by Ukraine (Law of Ukraine № 475/97 of July 17, 1997) and on March 24, 1998 the Criminal Code of Ukraine of 1960 was amended by Art. 124-1 "Trafficking in human beings".

In the Criminal Code of Ukraine of 2001, the responsibility for human trafficking is provided in Art. 149. The wording of Art. 149 of the Criminal Code of Ukraine was amended: January 12, 2006 (Law of Ukraine № 3316-IV) and September 6, 2018 (Law of Ukraine № 2539-VIII). It is in this edition of Art. 149 of the Criminal Code of 2001 is in force at present.

The author states that the search for the optimal model of the article took place and traces this path of legislative changes. This is done in order to clarify the internal consistency of the provisions of Art. 149 of the Criminal Code of Ukraine, compliance of this criminal law prohibition with the needs of practice.

Researchers have extensively studied the problem of human trafficking. They offered their own draft editions of the norm. However, the problem is not fully resolved, which encourages new creative pursuits.