V. V. Berezner
2019 Actual problems of native jurisprudence  
The article analyzes the novelties proposed by the domestic legislator concerning ways of committing such an offense as human trafficking. It is concluded that there are certain contradictions in the design provided for in Part 1 of Art. 149 of the Criminal Code of Ukraine, stipulated by the mechanical combination of national and international representations about the essence of this crime. In particular, it is noted that, unlike national criminal law, international legal acts consider this
more » ... cept as a civil law category, defining it in accordance with the content of the contract of sale, and position the trafficking of human beings as a combination of mandatory elements, which includes the act, the ways of its commission and the purpose of exploitation of a person. Therefore, on the one hand, the transfer- receipt of a person, including for monetary compensation, cannot be considered as trafficking in persons, if they are not carried out in the indicated ways and do not pursue the purpose of exploitation, and on the other - preservation in the disposition of Part 1 of Art. 149 of the Criminal Code of Ukraine, trafficking in human beings, as an independent form of the objective aspect of thiscrime, leads to the double criminalization of the transfer-receipt of a person, since any sale or purchase without this is impossible. In this regard, the disposition of Part 1 of Art. 149 to be described as descriptive of the definition of trafficking in persons as the recruitment, transfer, harboring, transfer or receipt of a person for the purpose of exploitation that occurs through the use of violence which is not dangerous to the life or health of the victim or his relatives or the threat of the use of such violence, deception, blackmail, material or other dependence of the victim, his vulnerable state, or the bribery of a third person who controls the victim. The criminal nature of the bribing of a third person who controls the victim is determined for obtaining an agreement on its exploitation. It is argued that the bribery of a third person is connected with the transfer of a person, in particular, with its component, such as providing another person with control over the victim and is not a way of committing this act, but a kind of special incitement to it. There is justification for recognizing the subject of the bribe of a third person who controls the victim, the perpetrator of the crime provided for in Part 1 of Art. 149 of the Criminal Code of Ukraine.
doi:10.15421/391941 fatcat:ptjbszcapzbinpaxadzyvsjaou