Карагандинский экономический университет Казпотребсоюза
ISSN (печатный вариант): 2073-0071
торговля, люди, жертвы, принудительный труд, trade, people, victims, forced labor
В статье рассматривается положение о торговли людьми в Республике Казахстан, а также основные направления борьбы в данной сфере. Анализируется сотрудничество Казахстана с международными организациями по предотвращению торговли людьми.
The most effective way to counter the crimes is the qualitative legislation. The law importance is the point to discuss, as it covers all sphere of the social activity including authority’s actions, crime punishment and other life spheres. Estimating the current situation of human trafficking in our state shows the situation isn’t good. Despite Kazakhstan has been an independent state for already a quarter of century, we haven’t the human trafficking law yet. According to the special report of Human Rights Commission under the President it can be seen that some actions have been performed to solve these issues. Inter alia, in March 2016 a law was enacted on alteration and amendments to some legislative documents regards to human trafficking countering. This step was made after Kazakhstan adopted UN Convention against Transnational Organized Crime, especially those international standards which mentioned the women and kids’ trafficking. Kazakhstan signed this document in 2000, while it was rectified in 2008 . After this law was adopted, some statements of Criminal Code were amended. In particular, Article 128 about human trafficking punishment was totally changed. In the initial edition this article foresaw the punishment for only recruiting, transporting, sexual exploitation and other types of human trafficking. And the strongest punishment was the imprisonment for 8 years and the lightest punishment was the imprisonment for one year and a fine. According to the previous edition the victim should prove him to be abused to initiate the criminal case. After the legislations were reviewed, this article was amended and the current punishment is the deprivation of liberty for from 5 to 15 years with expropriation, the victim’s being abused proving is not prioritized. In order to restrict the human trafficking punishment other norms of criminal code were amended . As per mentioned above the human trafficking struggle was improved in the way of law amending and altering. But there are differences between the written reports and the existing reality. The countering is that the report mentioned all the human trafficking crimes to be concerned as grave and especially grave crimes, however, the human trafficking (Article 128 of the Criminal Code of the RK) in the first part disposition mentions: Buy and sale or commitment of other transactions in relation of person, as well as his (her) exploitation or recruitment, transportation, transfer, concealment, receipt, as well as commitment of other actions in order of exploitation shall be punished by imprisonment for the term of three to five years with expropriation. Pro tanto, criminal science concerns those crimes, which according to the Criminal Code are punished with up to 2 years of imprisonment (for premeditated crimes) and up to 5 years of imprisonment (for non-premeditated crimes), to be of medium grave . Concluding the above mentioned issues among the human trafficking crimes there are still crimes of the medium grave. As the practice shows, the severity of punishments depends on the social relations’ infringement. So we’d like to tell, it’s good to make the criminal policy human, but still the laws must be strict. Human trafficking became a very actual issue in the XXI century and it takes the third place after the drugs and armour trafficking . Pro tanto, our country has a law 279 adopted on July 10th 1998 About Drugs, Psychotropic Substances, their analogues and precursors and counter measures of their illegal turnover and their abuse. Nevertheless there is no a united legislative document to regulate the human trafficking. Any righteous state has a special law to govern the human trafficking countering. The presence of such a document plays a great role. Fulfilling the human trafficking countering and preventing plan of the Government of the Republic of Kazakhstan adopted in 2012-2014, the following measures were performed: in 2012 the Labour Code was amended to regulate the relation of hiring and labour of under ages . After these amendments the operations in these directions must become effective, because the values in the following directions would have reduced: forced labour, including housework, kids’ forced labour and any type of kids’ exploitation. In 2012 the normative statement No. 7 of the High Court about the legislation use to punish for the human trafficking was adopted. In 2013 a law was adopted to amend and alter some legislative statutes about human trafficking, including the criminal, procedural criminal and administrative infraction codes. The next effective way to counter the human trafficking is considered to be an authority of this sphere, i.e. according to the current legislation, it is the Ministry of Internal Affairs of the RK, as they are responsible for all issues of human trafficking countering, there is no a special authority to solve the problems of only this issue. If we compare, there is a drugs department withinthe Ministry of Internal Affairs of the RK, but still there is no a special department to solve the human trafficking problems. This is another mistake made by the state, because if only one specialized authority is committed to solve the human trafficking, everybody will be satisfied with results. But still we have to anylisethe actions of the mentioned authority. In 2014 the law to amend and alter some legislative documents was adopted against the domestic violence. This document was adopted after the proposal of MIA RK to approve the state standards to assist the victims of the family violence . However, in the law about the specialized services of the RK there are no standards to assist the human trafficking victims yet. Thus, we consider it to be right for the state authority to proof the standards to assist the human trafficking victims. As practice confirms, the results of operational activities to determine the persons who violated the rules how to cross the borders of the RK showed that these persons are considered to be the criminals but not the victims of human trafficking. To determine the human trafficking crimes very quickly, the investigations should be done when there is a fact of the migration violence. According to the information of the international migration police, the human trafficking victims require the assistance through the HelpLine and afterwards they are sent to the police, embassy and the international migration police. In 2012 a memorandum was signed between MIA RK and the international migration police. This document foresees the collaboration to counter the human trafficking (data exchange and the preventive measures) . The most important issue for internal authorities is to apply the legislation in favour of persons. Also the prosecutor’s office actively works together with the international companies registered in the RK attracting the world-class experts to organize the seminars, training courses. In 2014 Office of the Procurator-General of the RK signed the collaboration memorandum with international migration police to follow the human trafficking policy. This should help to counter human trafficking. As per the mentioned above, we understand the following: there is a human trafficking countering in our country even with some errors. To improve the operations in this direction, the implementation of world-wide practice is planned. Our proposal is to pay more attention the human trafficking victims.
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