The concept of human trafficking crime and its definition in the legislation
Journal Title: Юридические науки и образование - Year 2019, Vol 58, Issue 58
Abstract
The concept of human trafficking and its definition in legislation are considered. In the disposition of Article 144-1 of the Criminal Code and the Law on Combating Human Trafficking has been provided a comprehensive definition of „human trafficking‟. In the conventions adopted by the UN and other international organizations, the concept of „human trafficking‟ has been well defined. Nevertheless, international experts and prominent scientists have come up with different positions in analyzing the phenomenon of human trafficking. The superiority of some of the suggested concepts is that the authors have not ignored the norms of national legislation, taking into account the rules of international law. Finally, the definition of „human trafficking‟ has been prepared in accordance with the relevant UN Protocol. In addition, it is clarified some terms or concepts closely related to human trafficking, taking into consideration international law norms in national legislation. It is believed that the giving of a legislative act of criminal acts help to distinguish between similar socially dangerous actions and to properly conform to the offenses. It is noted that human trafficking is perceived as a serious transnational threat by many countries and international organizations. Thus, a number of systematic measures have been implemented since 2004 on the basis of national action plans approved by the President of the Republic of Azerbaijan. Taking into consideration the international treaties to which the Republic of Azerbaijan has acceded to the fight against human trafficking pursuant to the National Plan of Action, consistent measures have been taken to establish and improve the national legislative framework in this area. On June 28, 2005, the Law of the Republic of Azerbaijan „On combating human trafficking‟ was adopted. In accordance to the Law of the Republic of Azerbaijan dated September 30, 2005, Human Trafficking - Article 144-1, Compulsory Labor - 144-2 and Confidential Information on Victim of Human Trafficking - Articles 316-1 has been added to the Criminal Code of the Republic of Azerbaijan. These articles are included in Chapter XIX called „Crimes against freedom and dignity of personality‟ in section „Crimes against personality‟ of the new Criminal Code of the Republic of Azerbaijan. Human trafficking is a multi-aspect manifestation, causing incurable diseases in the society, inciting serious and dangerous crimes, and seriously harming human rights and freedoms. Since human trafficking is a type of transnational organized crime, all countries of the world should fight against it and coordinate their activities in this area.
Authors and Affiliations
Sevinj Huseynova
Keywords
Related Articles
- EP ID EP499737
- DOI 10.25108/2304-1730-1749.iolr.2019.58.106-135
- Views 70
- Downloads 0
Situation of initiation and investigation of a criminal case on crimes of minors not reached the age of criminal responsibility
It is considered the situation of initiation and investigations of a criminal case on crimes of minors not reached the age of criminal responsibility. It is given recommendations on the use of preventive measures. Propos...
The problem of legal regulation and determination of the origin of a child in international legal relations
It is considered the issues of legal regulation of the establishment of parenthood in private international law. It is studied the family law of the Republic of Tajikistan, which regulates relations with foreigners and s...
About some signs of illegal placement in psychiatric hospital
It is devoted to research from the scientific-theoretical and practical points of view of some issues of the crime of illegal placement in a psychiatric hospital, enshrined in Article 146 of the operating Criminal Code o...
Problems of forming and functioning of a system of evidence assessment
It is considered structural elements of a system of evidence assessment. System of evidence assessment consists from the elements of relativity, admissibility, reliability, sufficiency and aggregate of evidence, which ar...
International legal concept of “effective control” of foreign territories and lessons for Azerbaijan and Ukraine
In today's conditions, when the appetite of the aggressor remains unlimited, but one wants to appear civilized, new forms of occupation (hybrid occupation) arise, one of which receives the definition of «effective contro...