Accepted at the thirtieth plenary session of Inter-parliamentary Assembly of the State Parties of the CIS (The resolution of April 3, 2008 No. 30-11)

MODEL LAW

About counteraction to human trafficking

This Law, according to the constitution of the State Party of the Commonwealth of Independent States, the conventional principles and rules of international law, taking into account 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), 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 counteraction to 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.

This Law proceeds from recognition of counteraction to human trafficking by necessary measure of ensuring state security and protection of the right protected interests of the personality, society and state from one of the most dangerous and latent types of crime which is more and more acquiring organized transnational nature consolidation of efforts of all state and interstate institutes and their interaction with institutes of civil society are necessary for effective fight against which.

Chapter 1. General provisions

Article 1. Coverage of this Law

This Law governs the public relations in the field of counteraction to 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 counteraction to 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 the general principles of legal responsibility of physical persons and legal entities for offenses in the field of human trafficking, legislative regulation of powers of subjects of the state system of counteraction to human trafficking, organization-legal bases of their interaction among themselves, and also with non-governmental organizations and institutes of civil society.

2. Tasks of this Law are:

- creation of complex of effective organization-legal and procedural guarantees of protection of the personality, society and state from all forms of human trafficking and the related crimes;

- standardization of the main legal terms used in the legislation of the state and the universally international legal recognized norms in case of legal regulation of the public relations in the field of counteraction to human trafficking;

- incorporation in the legislation of the state of the conventional international legal principles of legal responsibility of physical persons and legal entities for the offenses connected with human trafficking, retaliatory policy in the field of counteraction to human trafficking and also limits and amount of criminalization and penalization of the related socially dangerous acts;

- legal regulation of bases of complex nation-wide system of counteraction to the human trafficking including the measures directed to the prevention, identification and control of offenses in the field of human trafficking, neutralization of their negative effects, identification and attraction to legal responsibility of the physical persons and legal entities guilty of human trafficking, and also identification and identification of the victims of human trafficking and rendering the help to them;

- creation of organization-legal bases of ensuring effective activities of law enforcement agencies in the field of counteraction to human trafficking and other subjects of system of counteraction to human trafficking;

- combination of efforts of state bodies and local government bodies, public and local government offices, non-state, including international, the organizations, mass media and citizens in the field of counteraction to human trafficking;

- creation of organization-legal bases of international cooperation of the state in the field of counteraction to human trafficking and accomplishment of the international obligations by it.

Article 3. The basic concepts used in this Law

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

recruitment - illegal search, selection and acceptance in hiring of persons for accomplishment for material remuneration for the benefit of the employer or other persons of any works, rendering services or implementation of other activities, including illegal, including in the territory of foreign state;

children are persons who did not reach 18-year age;

child pornography - the materials or objects containing any images or descriptions of the child or full age person imitating the child making or imitating actions of sexual nature or who is taking part in making of such actions or in their imitations, or realistic images (including created with use of animation and the electronic equipment) image of the child making or participating in making of actions of sexual nature, and any image or the description of genitals of the child is equal in the sexual purposes;

child prostitution - the offer and (or) rendering sexual nature by the child of paid services or participation of the child in other activities of sexual nature for a fee or other form of remuneration;

children's sex tourism - tourist trips, including foreign, full age persons for the purpose of the introduction in sexual connections with children or making concerning them other actions of sexual nature, and also for the purpose of their use as models for production of child pornography or participants in spectacular actions of pornographic nature;

debt bondage - the provision or condition arising owing to pledge by the debtor in debt collateral of the personal labor or work of person, dependent on it, if the value of the performed work is not set off in debt repayment or if duration of this work is not limited to any term or if kind of work and the amount of compensation are not determined;

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;

other illegal transactions concerning the victim of human trafficking in which she acts as property object, - transfer of the person as subject of the paid or non-paid transaction to other person (persons), including as gift, in exchange for any material values (exchange) or in temporary ownership or use for a fee (in employment), or as ensuring accomplishment of obligations according to the transaction (as a deposit) or equivalent of payment of the provided material values, the performed works (the rendered services), or according to the procedure of compensation of the harm done to other party;

bondage - such use of the earth in case of which the land user contrary to or without volition and consent shall on custom or the agreement to live and work at the earth belonging to other person and to perform for it certain work for remuneration or without that;

purchase and sale of the person - making of the bilateral paid transaction directed to transfer of the person by dependence depending on whom on legal or illegal cause he is to other person (persons) for the monetary reward;

the address and (or) deduction in slavery or servile status - realization concerning the person of all or some powers of the owner by illegal deprivation of its identification documents, restriction of right to liberty of movement, telephone negotiations, post, cable and other messages, restriction or prohibition of contacts with family, welfare isolation of the victim, coercion it to performance of works or rendering services in the conditions degrading human dignity or to implementation of the specified activities is non-paid or in case of payment term, obviously not corresponding to amount, quality and qualification of the performed works or the rendered services;

the organization of child prostitution - the offer, obtaining, providing, acquisition, provision or use of the child by other persons (souteneurs) in activities of sexual nature for a fee or any other form of remuneration, and is equal financing of such activities or management of it;

the servile status is the state of dependence, subordinations integrated to illegal systematic compulsion of the person to making of any actions or failure to act for the benefit of other persons, to accommodation in certain place or to certain persons to accomplishment of certain work or rendering certain services for other person for remuneration or is non-paid, created as a result of debt bondage, bondage or application of institutes or customs owing to which the woman descend to other person, for remuneration or otherwise without right of surrender from its party or the child is given by the parent, other legal representative or person replacing them to other person for remuneration or without the child, that for the purpose of operation;

provision (condition) similar to slavery, - the status or provision of person which is in servile status, including in debt bondage or serf provision (condition);

the crimes connected with human trafficking - the states provided by the penal legislation as independent crime components of act comprising separate legally significant signs of human trafficking (including the representing separate methods and forms of human trafficking), and also the acts integrated to extraction of material or other benefit from operation of the victims of human trafficking or the acts directed to rendering assistance to human trafficking including ensuring its financing or its concealment, including by means of legalization (washing) of the means received from human trafficking and operation of the victims of human trafficking;

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