TO THE QUESTION OF CRIMINAL LEGAL SUPPORT OF COUNTERACTION TO HUMAN TRAFFICKING

Abstract

The article is devoted to the analysis of objective signs provided for in Article 128 of the Criminal Code of the Republic of Kazakhstan. A comparative study identified the definition of «trafficking in persons» in the Palermo Protocol and domestic legislation. The analysis revealed that: the identification of human trafficking in the identification of rights, in contrast to this concept in domestic legislation, does not include such categories as «purchase and sale» and «other transactions»; in the current version of Article 128 of the Criminal Code of the Republic of Kazakhstan, lexical incompleteness is allowed. According to the authors, the inclusion of sale and purchase and other transactions by the Kazakh legislator in the content of trafficking is justified by the fact that they reflect the essence of this act. Attention is drawn to the fact that it is not clear from the text in the current version of Article 128 of the Criminal Code of the Republic of Kazakhstan whether the purpose of exploitation is a mandatory sign of recruitment, transportation, transfer, harboring and receiving. The author substantiates the position on the need to clarify the legislative definition of «human exploitation» set out in paragraph 1 of Article 3 of the Criminal Code of the Republic of Kazakhstan. In the formulation of this concept, as the authors believe, it is necessary to indicate the most common ways of criminal influence on the will of a person. The inconsistency of certain qualifying types of human trafficking with its main structure was revealed. Special attention is paid to the doctrinal definition of human trafficking, as well as the content of the concepts presented in Article 128 of the Criminal Code of the Republic of Kazakhstan. An analysis of doctrinal positions on the concept of human trafficking showed that there is no uniform understanding of this negative social and legal phenomenon among legal scholars. The dominant position is that human trafficking covers a wider range of illegal acts.