New Ukrainian Law Against Trafficking in Women

International Women's Human Right Centre “La Strada-Ukraine”, 21 April 1998

On March 24, 1998, on the last day of the session, Ukrainian Parliament adopted a new Law on making amendments to the acting legislation on banning trafficking in people in Ukraine. It was signed by the President of Ukraine Leonid Kuchma on April 13, 1998.

According to this Law, there are going to be changes in the Criminal Code of Ukraine. In particular, there is a new version of Article 124(1) in it, “Trafficking in people”: M-^^Open or hidden power over a person, connected with the transition of that person, with or without his or her consent, over Ukrainian border, or without it, with subsequent trafficking, or any other paid transition of the person, with the intention to exploit him or her in sex business, porno business, crime, claiming debts, adoption with the intention of getting financial revenue, using the person in armed conflicts, exploitation of his or her labour -is prosecuted by imprisonment for the term of up to eight years, with or without the confiscation of personal possessions.

The same action committed to a person under 16 years old, to a group of persons, or not for the first time, or using a preliminary criminal agreement between a number of people, or abusing authority, or using financial or other dependency of the victim—is prosecuted by imprisonment for the term of five to ten years, with or without the confiscation of personal possessions.

The action, described in Part 1 and 2 of this article, committed by an organised group, or connected with illegal transition of children over the border of Ukraine, or retaining them abroad, or intending to take organs or tissues for transplantation from the victim, or forced donorship, or when this action resulted in grave consequences,is prosecuted by imprisonment for the term of eight to fifteen years with the confiscation of personal possessions.

Amendments to Ukrainian Criminal Code adopted by Ukrainian Parliament on March 24, 1998, will also be made to a number of its other articles.

Thus, it is supposed to amend Article 7(1), which deals with “The concept of grave crime (the Article exists in the following form: “As “grave crime” intentional action enumerated in the second part of this article, is regarded, which is especially dangerous to the community”); it is proposed to add to its second part the statement on “trafficking in people” (Article 124(1))”.

There are also going to be amendments to Article 26, “Especially dangerous recidivist, which defines, which persons can be recognised by the court as especially dangerous recidivists. Now as an especially dangerous recidivist a person can be considered, who has been convicted to imprisonment for especially dangerous crime against the state, and “trafficking in people” is now going to be regarded as such.

The amendments made are also concerned with the problem of illegal adoption and they foresee changes to those articles of the Criminal Code that are relevant to this topic.

The fact of adoption of a Law on criminal responsibility for trafficking in people in Ukraine is undoubtedly extremely important on the way of overcoming this type of criminal offence. At the same time, there is still room for its improvement and elaboration, especially what regards the protection of the victim and the witnesses who agree to give testimonies against the traffickers. In order to accomplish this, it is necessary to join forces of the government power structures, lawyers and womens non-governmental organisations.