MODEL LAW OF COMMONWEALTH OF INDEPENDENT STATES

of April 3, 2008

About assistance to the victims of human trafficking

This Law, proceeding from need of priority ensuring protection of the rights, freedoms and legitimate interests of the victims of human trafficking, especially women and children, according to the constitution of the state and the conventional principles and rules of international law, in view of the Agreement on cooperation of the State Parties of the Commonwealth of Independent States in fight against human trafficking, bodies and tissues of the person (2005) and the Agreement on cooperation of the State Parties of the Commonwealth of Independent States in questions of return of minors to the states of their permanent residence (2002), establishes legal and organizational basis of state policy and international cooperation of the State Party of the Commonwealth of Independent States (further - the state) in the field of assistance to the victims of human trafficking, and also legislative guarantees of implementation of the specified activities in the state on the basis of unification and harmonization of legislations of the State Parties of the CIS.

Chapter 1. General provisions

Article 1. Coverage of this Law

This Law governs the public relations in the field of assistance to the victims of human trafficking, including activities in the specified sphere of the state, state bodies, local government bodies, public and local government offices and their officials, and also the international non-state organizations, public associations, other institutes of civil society, mass media and citizens.

Article 2. Purposes and tasks of this Law

1. This Law is directed to creation and increase in efficiency of nation-wide system of assistance to the victims of human trafficking by means of determination of legal and organizational basis of state policy and international cooperation of the state in the specified sphere, establishments of legal status of the victims of human trafficking, legal guarantees, the principles and forms of their protection and support, legislative regulation of powers of subjects of the state system of assistance to the victims of human trafficking, determination of organization-legal bases of their interaction among themselves, and also with non-governmental organizations and institutes of civil society.

2. Task of this Law is creation of complex of organization-legal bases:

- for the prevention of involvement of the person as the victim to the sphere of human trafficking, decrease at the population of risk to become the victims of human trafficking;

- identification and elimination of the reasons and conditions promoting victimization of citizens, their involvement in the sphere of human trafficking as the objects of operation;

- identifications and identifications of the victims of human trafficking;

- safety of the victims of human trafficking;

- providing the victims of human trafficking with the minimum standard packet of social services, including measures of rendering psychological, legal, social, medical and other types of the help;

- recoveries and protection of the rights and legitimate interests of the victims of human trafficking, with allocation of their most vulnerable categories;

- complete social adaptation and social resettlement of the victims of human trafficking, their integration into normal social environment;

- full recovery to the victims of human trafficking of the physical, moral and material harm caused to them;

- coordination of activities of public authorities and local government bodies, international and non-governmental organizations, other institutes of civil society, the population on assistance to the victims of human trafficking, including on their return to States of origin or permanent residence, protection of their rights and legitimate interests and social resettlement;

- acceptances of the complex measures of social and economic, legal, educational and educational, information and other nature by the state for assistance to the victims of human trafficking including directed to liquidation of the reasons and conditions promoting their victimization and reviktimization.

Article 3. The basic concepts used in this Law

For the purposes of this Law the following basic concepts are applied:

victimization - increase in risk of involvement of the potential victim to the sphere of human trafficking and use of the victim as the object of operation owing to confluence or intended creation of the objective and subjective circumstances promoting it;

the state protection of the victims and witnesses on cases on crimes in the field of human trafficking (further - the state protection) - implementation by authorized state bodies of the stipulated by the legislation measures of the state aimed at safety, protection of life, health, freedom and (or) property of the victims of human trafficking (further - security measures), and also measures of social protection of specified persons (further - measures of social protection) in connection with their participation in criminal trial;

the victim of human trafficking - the physical person which was affected by human trafficking, including involved in human trafficking or withheld in servile status irrespective of its procedural status, and also availability or lack of its consent to the offer, recruitment, transportation, transfer, sale, operation or other actions connected with human trafficking;

protection of the victim of human trafficking - the system of the measures aimed at safety, protection of life, health and freedom, observance of other rights and legitimate interests of person, victim of crimes in the field of human trafficking guaranteed by the state;

identification of the victims of human trafficking - establishment and check of the identity of the expected victims of human trafficking;

individual scheduled maintenance - activities for timely identification of the potential victims of human trafficking and rendering on them positive preventive impact, and also on social adaptation and social resettlement of persons which were affected by human trafficking and the prevention of their repeated involvement in the sphere of human trafficking;

assistance to the victims of human trafficking - the package of measures of protection of the victims of human trafficking, their social adaptation and social resettlement guaranteed by the state, including rendering by it psychological, legal, social, medical and other types of the help;

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