The subject of the crime is human trafficking. The subject, the subjective side of human trafficking and the use of slave labor

MM. ZEYNALOV, candidate legal sciences, teacher at the Dagestan State Institute National economy under the Government of the Republic of Dagestan, V.M. GAMMAEV, Junior Counselor of Justice, Senior Assistant Prosecutor of the Kirov District of Makhachkala The criminal-legal characteristics of the qualifying signs of human trafficking are given; The problems of qualification of these signs in theory and in practice, caused by shortcomings in the design of the norm of the Criminal Code of the Russian Federation, providing for liability for trafficking in persons, are considered.

This article was copied from https://www.site

UDC 343.412.2

Magazine pages: 120-123

MM. ZEYNALOV,

Candidate of Legal Sciences, teacher at the Dagestan State Institute of National Economy under the Government of the Republic of Dagestan,

V.M. GAMMAEV,

Junior Counselor of Justice, Senior Assistant Prosecutor of the Kirov District of Makhachkala

The criminal-legal characteristics of the qualifying features of human trafficking are given; The problems of qualification of these signs in theory and in practice, caused by shortcomings in the design of the norm of the Criminal Code of the Russian Federation, providing for liability for trafficking in persons, are considered.

Key words: qualifying signs of a crime, human trafficking.

The criminal law analysis of aggravating circumstances of trafficking

Zeynalov M., Gammaev V.

Provides criminal legal description of aggravating circumstances of trafficking deals with the problems of qualification data attributes in theory and in practice, due to design flaws in the norms of the Criminal Code, providing for liability for human trafficking.

Keywords: qualifying signs of a crime, trafficking in persons.

In the science of criminal law, according to the nature and degree of public danger of crimes, offenses are usually divided into basic, privileged, qualified and especially qualified. The elements of crime providing for liability for trafficking in persons are divided into basic, qualified and especially qualified. Such a legislative solution makes it possible to differentiate the degree of social danger of acts of the same nature and to individualize punishment.

Most of the signs traditional for criminal law, when interpreted, still raise questions to which practitioners and theorists give opposite answers, which does not contribute to the uniform application of the law.

The first qualifying feature of Part 1 of Art. 127.1 of the Criminal Code of the Russian Federation characterizes the number of persons against whom a criminal act is directed. As a result of the exclusion of repetition as a form of multiplicity of crimes and a qualifying feature from the Criminal Code of the Russian Federation, the articles of the Special Part of the Criminal Code of the Russian Federation formulated a new definition of the totality of crimes.

So, according to Part 1 of Art. 17 of the Criminal Code of the Russian Federation, a totality of crimes is recognized as the commission of two or more crimes, for none of which the person was convicted, with the exception of cases where the commission of two or more crimes is provided for by the articles of the Special Part of the Criminal Code of the Russian Federation as a circumstance entailing a more severe punishment. Science has developed two positions regarding the interpretation of this provision. A.A. Zhinkin believes that human trafficking, affecting two or more persons, involves the commission of an act simultaneously or with a slight gap in time, but if the perpetrator has a single intent to commit the act with several victims.

If the intent of the guilty person was realized in relation to one victim, and then formed and realized in relation to another person, then the act must be qualified according to the totality of criminal acts provided for in Art. 127.1 of the Criminal Code of the Russian Federation.

According to another point of view, a set of crimes provided for by the same article of the Special Part of the Criminal Code of the Russian Federation is impossible when the commission of a crime against two or more persons is a qualifying circumstance of an intentional crime. The act is determined according to the norms of the Criminal Code of the Russian Federation, which provide for qualifying criteria both in the presence and absence of such circumstances as unity of intent, the place and time of the attack on one or the other victim.

According to Yu.E. Pudovochkina, trade committed in relation to two or more persons presupposes that the person simultaneously or with a gap in time, with the same or different intentions, commits at least one of those specified in the disposition of Part 1 of Art. 127.1 of the Criminal Code of the Russian Federation for actions against two or more persons.

It should be noted that the second point of view seems partly justified, since the emphasis is on the number of victims, and not on the subjective side. Judicial practice also follows this path. As an example, we can cite a criminal case initiated against G., in whose actions signs of crimes provided for in paragraphs “a” and “g” of Part 2 of Art. 127 and paragraph “a”, part 2, art. 127.1 of the Criminal Code of the Russian Federation. G., having entered into a preliminary conspiracy with M., for the purpose of further exploitation - use for prostitution and for his own personal enrichment - illegally detained Sh. and K. from 03/18/2009 to 03/23/2009 in a rented room. On March 23, 2009, by prior agreement with a person identified by the investigation, he put Sh. and K. in a car that belonged to him, after which he transported them against their will to another city and handed them over to an unidentified person for the purpose of further exploitation of their labor - prostitution - for your own personal enrichment.

Responsibility for trafficking in persons known to be minors is provided for in paragraph “b” of Part 2 of Art. 127.1 of the Criminal Code of the Russian Federation. This qualifying feature characterizes the age of the person against whom the crime is directed.

A child (minor) in accordance with Art. 54 of the Family Code of the Russian Federation recognizes a person under 18 years of age. An additional object in the considered qualifying element of the crime are social relations that ensure the normal development of minors, including minors. Unfortunately, practice shows that it is minors who most often become objects of trafficking for adoption, use for begging and for other purposes.

The sign of “knowledge” indicates that the fact of being a minor must be covered by the intent of the perpetrator. The person trafficking either clearly knows the age of the victim or is aware that he is a minor.

If a person mistakenly believed that the victim was a minor, then when he was an adult, or there was a sale of a born child by a pregnant woman, such actions should be qualified under Part 3 of Art. 30 and paragraph “b”, part 2, art. 127.1 of the Criminal Code of the Russian Federation.

Trafficking in persons by a person using his official position facilitates the process of committing a crime (clause “c” of Part 2 of Article 127.1 of the Criminal Code of the Russian Federation). The law does not disclose the meaning of the concept of “official position”, in contrast to the concept of “official”, the definition of which is formulated in Note 1 to Art. 285 of the Criminal Code of the Russian Federation. The use of one’s official position can be understood as the performance by an official of managerial functions in state, municipal bodies, institutions, public, religious and commercial organizations, non-governmental organizations and other persons with such authority in the service, in order to facilitate the process of committing a crime.

It is essential that the implementation of the objective side is associated with professional activity the perpetrator and it is used to commit a crime or facilitates its commission. If a person who has committed human trafficking, having any opportunities in his service, did not use them, this act cannot be qualified under paragraph “c” of Part 2 of Art. 127.1 of the Criminal Code of the Russian Federation.

Trafficking in persons through the use of official position is a common occurrence. A clear example may be an incident that occurred in Astrakhan region, when a former policeman, who, together with an accomplice, forcibly (under the threat of using a service weapon) took a local resident to Kalmykia and sold him there as free labor, was sentenced to 8 years in prison.

In the above example, a person, being a law enforcement officer and using his official position (which greatly facilitated the process of committing a crime and increased its public danger), kidnapped and sold a person into slavery. The actions of the perpetrator were qualified under paragraph “c” of Part 2 of Art. 127.1 of the Criminal Code of the Russian Federation.

Trafficking in persons associated with the movement of the victim across the state border of the Russian Federation or with the illegal detention of him abroad is qualified under paragraph “d” of Part 2 of Art. 127.1 of the Criminal Code of the Russian Federation. The introduction of this feature is completely justified: a person who finds himself abroad has significantly fewer opportunities to protect his rights; his position becomes more vulnerable, which increases the social danger of the act committed.

Movement across the border can be carried out both legally and illegally. It will be considered legal if it complies with the norms of the Federal Law of August 15, 1996 No. 114-FZ “On the procedure for leaving Russian Federation and entry into the Russian Federation." People often travel abroad quite consciously and of their own free will. At the same time, agencies prepare all documents necessary for departure in accordance with the law. In this case, crossing the border will be completely legal.

If crossing the border occurs illegally, additional qualifications of the actions of the person committing human trafficking under Art. 322 of the Criminal Code of the Russian Federation is not required, since violation of the established rules of entry and exit in this case acts as a method of committing trafficking in persons.

Trafficking in persons using forged documents, as well as with the seizure, concealment or destruction of documents identifying the victim, is qualified under paragraph “e” of Part 2 of Art. 127.1 of the Criminal Code of the Russian Federation. Additional qualifications under Part 1 of Art. 325 of the Criminal Code of the Russian Federation (theft or damage to documents, stamps, seals, or theft of excise duty stamps, special stamps or marks of conformity) and Part 2 of Art. 327 of the Criminal Code of the Russian Federation (forgery of a certificate or other official document granting rights or exempting from obligations, committed with the aim of concealing another crime or facilitating its commission) is not required.

The use of counterfeit documents means their official presentation in order to conceal criminal acts or facilitate their commission. If the culprit first forged documents himself and then used them to commit human trafficking, his actions are additionally qualified under Part 2 of Art. 327 of the Criminal Code of the Russian Federation.

Confiscation, concealment, or destruction of the victim’s identity documents infringe on his opportunities (to refuse an offered job, to return to the country) and puts him in a dependent position. Seizure of documents refers to the illegal deprivation of the victim of his documents by taking possession of them. Hiding documents involves placing them in a place where access to them is difficult or impossible. Destruction of documents implies such actions as a result of which documents are liquidated or have reached a state in which their further use for their intended purpose is impossible.

Trafficking in persons using violence or the threat of its use is qualified under paragraph “e” of Part 2 of Art. 127.1 of the Criminal Code of the Russian Federation. Since the nature of violence in this criminal law norm is not specified, violence should be understood as both physical and mental impact. Trafficking in persons with the use of violence covers the use of physical violence in the form of restriction of freedom, beatings, torture, and other violent actions that cause physical pain, mild or moderate harm to health. Intentional infliction of grievous bodily harm is additionally qualified under Art. 111 of the Criminal Code of the Russian Federation.

The conclusions of the authors, who believe that causing harm to health when committing human trafficking requires additional qualification under other articles of the Criminal Code of the Russian Federation, depending on the direction of the intent of the perpetrator and the resulting consequences, raise doubts. If illegal detention of a person is used as a method of committing human trafficking, additional qualification under Art. 127 of the Criminal Code of the Russian Federation is not required.

The threat of violence presupposes the externally expressed intention of a person to cause death or harm to health of any degree to the victim. The threat must be real. A threat is real when it is perceived by the victim as real and such perception is realized by the perpetrator who wants it. In some cases, the demonstration of weapons or other objects used to cause bodily harm or deprivation of life, or gestures of intimidating influence can be regarded as a threat of violence. Violence and the threat of its use can also be used against the victim’s relatives, friends and acquaintances.

With the development of transplant surgery, human trafficking has recently become widespread for the purpose of removing organs and tissues from them, liability for which is provided for in paragraph “g” of Part 2 of Art. 127.1 of the Criminal Code of the Russian Federation. At the same time, the purpose of using human organs or tissues (for the purpose of transplantation, conducting experiments, etc.) does not matter for qualification.

The conditions and procedure for transplantation of human organs and tissues are determined by the Law of the Russian Federation of December 22, 1992 No. 4180-1 “On transplantation of human organs and (or) tissues.” Russian legislation on transplantation does not apply to organs, their parts and tissues related to the process of human reproduction, including reproductive tissues (egg, sperm, ovaries, testes or embryos), as well as blood and its components. The Criminal Code of the Russian Federation does not indicate a list of organs or tissues, the seizure of which constitutes a crime under paragraph “g” of Part 2 of Art. 127.1 of the Criminal Code of the Russian Federation. Therefore, any human organs and tissues, including those that are not the subject of transplantation, must be considered the subject of a crime.

This crime is considered completed from the moment the perpetrator obtains the consent of the victim to remove his organs and (or) tissues. In the event of a real seizure, the act must be qualified according to the totality of crimes provided for in paragraph “g” of Part 2 of Art. 127.1 of the Criminal Code of the Russian Federation and relevant articles on crimes against life or health. If trafficking in persons was accompanied by coercion to remove organs or tissues for transplantation, the act should be additionally qualified under Art. 120 of the Criminal Code of the Russian Federation.

The legislator, having provided for such a mandatory sign of the subjective side of human trafficking as the commission of a crime for the purpose of exploiting a person, limited the application of Art. 127.1 of the Criminal Code of the Russian Federation. And in the case of human trafficking for the purpose of removing organs and tissues, it turns out that first the person had to be used for sexual exploitation, slave labor, etc., and only then the organs and tissues were removed. Today it is already clear that the legislator was hasty with this decision.

Trafficking in persons, who are known to the perpetrator to be in a helpless state or in material or other dependence on the perpetrator, is characterized by the special properties of the victim of the crime and is qualified under paragraph “h” of Part 2 of Art. 127.1 of the Criminal Code of the Russian Federation. It is necessary that the person against whom trafficking in persons is carried out is in a helpless state or in financial or other dependence on the perpetrator, and the perpetrator reliably knows about this. These persons should include, first of all, the seriously ill (including post-operative), elderly, infirm persons and minors, as well as persons suffering from mental disorders that deprive them of the ability to correctly perceive what is happening. In a helpless state, victims are unable, due to their physical or mental state, to defend themselves, to actively resist the perpetrator, or to avoid reprisals, and the latter must be aware of this. As a result, the commission of a crime becomes easier, the possibility of causing harm increases: since we are talking about persons in need of special protection and care, the crime reflects such aspects of the personality of the perpetrator as exceptional immorality and heartlessness. Weakness can also occur due to a person’s severe degree of intoxication, unconsciousness or sleep.

Indication of knowledge as a subjective sign of the qualifying circumstance under consideration means that the perpetrator not only realizes, but knows that the victim is in a helpless state; This condition makes it easier to commit a crime and causes additional suffering to the victim.

The financial or other dependence of the victim on the perpetrator limits the person’s ability to resist the attack and facilitates the commission of the crime. Financial dependence is usually understood as a situation where the victim is fully or partially dependent on the offender; under another - official dependence, as well as that which stems from family or marital relations, is based on law or contract (for example, dependence on a guardian and trustee, the accused - on an investigator). In all cases, the dependence must be significant, that is, capable of seriously complicating or even suppressing the victim’s will to resist.

Committing human trafficking in relation to a woman who is known to be pregnant by the perpetrator is also characterized by special properties and is qualified under paragraph “i” of Part 2 of Art. 127.1 of the Criminal Code of the Russian Federation. This qualifying feature causes an increase in liability for human trafficking due to the fact that the harm is doubled: both the woman and her fetus are the object of the assault. The perpetrator can harm not only the woman, but also the unborn child. In this case, the duration of pregnancy does not matter for qualification.

Cases of sexual exploitation of pregnant women, as well as the use of women as surrogate mothers, are known in practice. Female body used for pregnancy and childbirth, and subsequently the child is sold for adoption or other purposes.

To charge the perpetrator with the specified qualifying characteristic, it is necessary to establish that he knew about the state of the victim’s pregnancy, as evidenced by external or other data. If a person was mistaken about the fact of pregnancy, trafficking in a woman is qualified under paragraph “i” of Part 2 of Art. 127.1 of the Criminal Code of the Russian Federation with reference to Part 3 of Art. 30 of the Criminal Code of the Russian Federation.

Bibliography

1 Federal Law of December 8, 2003 No. 162-FZ “On Amendments and Additions to the Criminal Code of the Russian Federation.”

2 See: Zhinkin A.A. Human trafficking and the use of slave labor: problems of qualification and correlation with related crimes: Dis. ...cand. legal Sci. - Krasnodar, 2005. P. 121.

3 See: Commentary on the Criminal Code of the Russian Federation / Ed. A.A. Chekalina, V.T. Tomina, V.V. Sverchkova. 4th ed., revised. and additional - M., 2007. P. 163.

4 See: Gracheva Yu.V., Ermakova L.D. and others. Commentary on the Criminal Code of the Russian Federation / Rep. ed. A.I. Rarog. 2nd ed., revised. and additional - M., 2004. P. 28.

5 See: Brilliantov A.V., Dolzhenkova G.D., Ivanova Ya.E. and others. Commentary on the Criminal Code of the Russian Federation (article-by-article) / Ed. A.V. Brilliantova. - M., 2010. P. 240.

6 See: Archive of the Federal Court of Kaspiysk for 2009.

8 See, for example: Gromov S.V. Criminal-legal characteristics of human trafficking and the use of slave labor: Dis. ...cand. legal Sci. - M., 2006. P. 127.

9 See: Commentary on the Criminal Code of the Russian Federation (article-by-article) / Ed. G.A. Esakova. - M., 2010. P. 58.

10 Blood donation is regulated by an independent regulatory act - Law of the Russian Federation of 06/09/1993 No. 5142-1 “On the donation of blood and its components”.

Share this article with your colleagues:

Pisarev Yuri Alexandrovich

postgraduate student of Stavropol State University _(tel. 88652354446)

Discussion about the objective side of human trafficking

Annotation:

The article examines the objective side of human trafficking. Particular attention is paid to the debatable point of understanding the signs of the objective side of this crime against personal freedom.

The actus reus of human trade is shown in this article. The main attention paid to discussion about understanding of actus reus"s signs of this crime against personal freedom.

Key words: personal freedom; human trafficking; objective side; Criminal Code; discussion.

Key words: personal freedom; human trade; actus reus; Criminal Code; discussion.

The objective side of human trafficking is a number of actions provided for by the disposition of Art. 127.1 of the Criminal Code of the Russian Federation: purchase and sale of a person; recruitment, transportation, transfer, harboring or receipt committed for the purpose of its exploitation.

In fact, the purchase and sale of a person is the only action that can be considered as a direct act of human trafficking; all other actions, be it recruitment, transportation, concealment, only accompany or condition the purchase and sale of a person. However, purchase and sale is one of the many forms of transactions possible in relation to “living goods”, and therefore the very title of the article “Trafficking in Persons” seems to us imperfect. In fact, trade can be carried out in the form of purchase and sale, and in other transactions, for example, the gratuitous transfer of a person as a gift, in other words, donation, cannot be characterized as an act of trafficking in persons. In our opinion, the legislator should have used the term “transaction in relation to a person,” which would have avoided an unjustified expansion of the term “purchase and sale.” Accordingly, the title of the article should sound like “Concluding a transaction in relation to a person.”

It seems necessary to us to name the most probable transactions possible in

respect individual. Drawing a parallel with civil legislation, the most possible, in our opinion, are the following transactions: a) purchase and sale, b) barter, c) donation, d) lease, e) transfer of a person for assignment Money, f) person's pledge.

The next action that constitutes the objective side of “human trafficking” is the recruitment of a person. Essentially, recruitment is a kind of “deal” between the employer and the hiree, in which the first party undertakes to provide some benefits in exchange for the participation of the person being recruited. Different authors define the recruitment of a person differently. Yu.E. Pudovochkin believes that recruiting a person means inducing a person to agree to make a deal with him. G.V. Ovchinnikova understands recruitment as the act of hiring those who want to become the subject of bargaining. A.Yu. Chuprova argues that in the norm under consideration, recruitment represents actions aimed at reaching an employment agreement with the victim, i.e. on the performance of any work or provision of services. According to M.Yu. Buryak, recruitment should be understood as involving the victim in any way and under any pretext in exploitation.

From the above examples it is clear that with all the diversity of opinions, “recruitment” is perceived either as obtaining consent to perform any activity, or as obtaining the consent of the victim to commit

transactions with him, but for some reason the issue of alternative actions of the recruiter is not considered, which makes the given definitions incomplete in content. One cannot but agree with I. Alikhadzhieva, who considers the disposition of Art. 127.1 of the Criminal Code of the Russian Federation recognizes recruitment as an act equally dangerous for public relations, along with the transportation, transfer, harboring or receipt of a person. As a more socially dangerous act, recruitment needs criminal legal regulation within the framework of an independent norm with tightening due to its disproportion with the deed and the description of its methods in the disposition.

We propose to define recruitment as actions aimed at inducing a person to give consent to perform work or provide services, as well as to complete a transaction in relation to him, expressed in various forms. Recruitment can be carried out by the most different ways, these are: persuasion, promises, deception, blackmail, threats, coercion. The main thing is that these actions ultimately obtain the person’s consent to enter into a transaction with him.

In practice, recruitment is most often carried out by travel companies, modeling agencies, or advertisements for high-paying jobs are given, which are distributed through means mass media or the World Wide Web. Thus, in the Republic of Mari El, the Yoshkar-Ola City Court on January 16, 2008 began to consider a criminal case of human trafficking, in which employees of the Puma travel company are accused. A criminal case was initiated based on materials from the Republican Federal Security Service of the Russian Federation against a group of people who organized a channel for the illegal emigration of Russian citizens to the countries of the European Union. During the investigation, it was established that a criminal group of three people recruited persons aged 18 to 40 years to work abroad, most of of which, after leaving, she ended up with pimps.

Transporting people for the purpose of exploitation also constitutes an objective aspect of human trafficking. In the legal literature there are two main approaches to the concept of transportation in relation to human trafficking. Some authors understand transportation in the narrow sense of the word and is the actual transportation of a person (victim) from one place to another (M.Yu. Buryak, A.I. Rarog, etc.)

Thus, in 2007, a criminal group involved in trafficking women to countries in Europe and the Middle East was detained in Moscow. It included citizens of Russia, Israel, Moldova and Ukraine. According to the FSB, members of an international group “have been carrying out human trafficking for a long time and organizing channels for the illegal movement of foreign citizens from Southeast Asia and the CIS countries to Western Europe in transit through Russian territory.” Then more than 20 persons involved in human trafficking were identified. During operational search activities and investigative actions, it was established that in the cities of Arkhangelsk, Vologda, Yekaterinburg, Izhevsk, Kaliningrad, Omsk, Ufa, Khabarovsk, members of the criminal community created front companies, on whose behalf, under the pretext of employment abroad, fictitious agreements were concluded with Russian citizens for the purpose of illegally seizing their foreign passports. The cost of producing a passport and moving a migrant across the border ranged from 3 to 5 thousand euros.

The transfer of people is an alternative sign of the objective side. In the legal literature there is also no consensus on what exactly the legislator means by transfer in Art. 127.1 of the Criminal Code of the Russian Federation. Typically, transfer is considered inextricably with another action that constitutes the objective side - receiving. This is quite logical, because where there is a party transmitting something, therefore, there must be a party receiving (receiving), otherwise the act of transfer-receipt cannot take place. According to A.G. Kibalnik and I.G. Solomonenko, transfer and receipt of a person form two independent acts. The transfer of a person who is the object of a transaction implies the direct “handing over” of such a person to the buyer or his representatives. Accordingly, the reciprocal action on the part of the “partner” in the transaction is to receive such a person.

Making changes to the disposition of the article under consideration allows us to avoid existing disagreements. So, if the legislator under transactions in relation to

SOCIETY AND LAW 2009 No. 3(25)

If a person understands any agreement in accordance with which the victim of a transaction passes from one party to another, then, accordingly, the transfer - receipt of a person will be an integral part of any such transaction and will not require the identification of an objective party as independent actions. In cases where these actions are intended to secure a transaction or one of its stages, then such actions must be qualified within the framework of the new, independent composition “Performance of actions accompanying the conclusion of a transaction in relation to a person.”

Hiding a person for the purpose of exploitation is the last of the acts we are considering that constitute the objective side. There are two main approaches to determining the content of concealment as a method of committing a crime. Adherents of the first approach understand concealment in a narrow sense, limiting the criminal’s activities only to physical concealment. The second approach is expressed in a broad understanding of the content of concealment as concealment of the victim against his will, committed to prevent detection of the trafficked person by law enforcement agencies,

relatives, close ones (for example, through deprivation of documents, changes in appearance, drug suppression of the physical or mental activity of the victim). It seems that the position of supporters of a broad interpretation of the term “concealment” is more correct, since it allows us to reflect the entire range of illegal actions of a criminal aimed at hiding a victim of human trafficking from law enforcement agencies, relatives and other interested parties.

As a result of considering the objective side of human trafficking, we can come to the conclusion that in the current version the disposition of Art. 127.1 of the Criminal Code of the Russian Federation causes a lot of controversy, which can only be resolved by introducing a number of fundamental changes to the current norm. In particular, the recruitment of a person for the purpose of carrying out transactions with him should be highlighted as an independent element,

as well as for its operation. Also, actions not directly related to the transaction in relation to a person as such (transportation, transfer, receipt, concealment) must constitute the objective side of the independent composition “Committing actions accompanying the conclusion of a transaction in relation to a person.”

Literature:

1. Adelkhanyan R. Criminal liability for the recruitment of mercenaries // Legality. 2002. No. 1.

2. Pudovochkin Yu. E. Responsibility for human trafficking under Russian criminal law // Comparative constitutional law. 2007. No. 3.

3. Ovchinnikova G.V. International legal and criminal legal aspects of combating human trafficking // Prosecutor's and investigative practice. 2005. No. 3-4.

4. Chuprova A.Yu. Recruitment as a method of human trafficking // “Black holes” in Russian legislation. 2007. No. 2.

5. Buryak M. Yu. Human trafficking and the fight against it (criminological and criminal legal aspects). dis. ...cand. legal Sci. Vladivostok, 2005.

6. Alikhadzhieva I. Disadvantages of legislative regulation of the criminal legal fight against human trafficking // Criminal law. 2006. No. 5.

7. From the report of the Regnum Information Agency “The hearing of a criminal case on human trafficking has begun in Mari El” dated January 16, 2008. Access mode: www.regnum.ru/

8. Three foreigners were detained in the case of trafficking in women abroad. Message dated May 15, 2007. Access mode: www.gzt.ru/

9. Kibalnik A., Solomonenko I. New crimes against personal freedom // Russian justice. 2004. No. 4.

10. Commentary on the Criminal Code of the Russian Federation / Rep. ed. A.I. Rarog. M., 2004.

Introduction.

1. Features of qualifying features characterizing the object of the crime.

• 1.1. Qualifying feature “in relation to two or more persons” (clause “a”, part 2 of article 127 of the Criminal Code of the Russian Federation).
• 1.2. Qualifying feature “in relation to a minor” (clause “b”, part 2 of article 127 of the Criminal Code of the Russian Federation).
• 1.3. A qualifying feature “in relation to a person who is known to the perpetrator to be in a helpless state or in the financial or other dependence of the victim” (clause “h”, part 2 of article 127 of the Criminal Code of the Russian Federation).
• 1.4. A qualifying feature “in relation to a woman who is known to the perpetrator to be pregnant” (clause “i” of Part 2 of Article 127 of the Criminal Code of the Russian Federation).

2. Features of qualifying features characterizing the objective side of the crime.

• 2.1. Qualifying feature “with the movement of the victim across the State Border of the Russian Federation or with the illegal detention of him abroad” (clause “d”, part 2 of article 127 of the Criminal Code of the Russian Federation).
• 2.2. The qualifying feature is “using forged documents, as well as with the seizure, concealment or destruction of documents identifying the victim” (clause “d”, part 2 of article 127 of the Criminal Code of the Russian Federation).
• 2.4. The qualifying feature is “acts that, through negligence, resulted in death, the infliction of serious harm to the health of the victim, or other grave consequences” (clause “a”, part 3 of article 127 of the Criminal Code of the Russian Federation).
• 2.5. The qualifying feature is “acts committed in a manner dangerous to the life and health of many people” (clause “b”, part 3, article 127 of the Criminal Code of the Russian Federation).

Conclusion.

List of used regulatory legal acts, other official materials, literature and legal practice.

Introduction

Human trafficking is a profitable criminal business, which is usually carried out by organized criminal groups. The problem of human trafficking occurs in many countries, and often this criminal activity occurs at the international level. All international organizations pay Special attention combating human trafficking. Due to the fact that the commission of this type of crime is turning into a real criminal business, more and more often trade is carried out with the victim crossing the state border, with forgery of documents. Since the UN Office on Drugs and Crime began collecting data on the age of identified victims of human traffickers, the proportion of them among them has been constantly increasing: they are minors. Currently, minors make up approximately one third of all victims of human trafficking identified worldwide. Women make up the vast majority of sex trafficking victims. Among victims of human trafficking subjected to labor exploitation, there are significantly more men, and women make up about a third. In some regions, especially in Asia, the majority of victims of labor exploitation are women. During the course of a crime, victims are often subjected to various forms of abuse. To protect the most vulnerable social groups (minors, people in a helpless state), the institution of motherhood and childhood, the life and health of people who have become victims of human trafficking, Art. 127 of the Criminal Code of the Russian Federation identifies additional objects of criminal legal protection as qualifying features, as well as the most dangerous methods of committing such a crime, for the use of which a more severe punishment should be imposed on the perpetrator.

The question of what is meant by qualifying features that characterize the object and the objective side of the composition is relevant due to the fact that most acts of human trafficking are committed either using certain means, which increases the social danger of this act, or in relation to the most vulnerable victims. Solving this problem will help to find out how effectively qualified compounds can be used in practice.

In the course of our work, we turned to the works of L.L. Kruglikova, L.B. Egorova, G.K. Ishchenko and other scientists.

Goal of the work– a comprehensive study of the objective signs of qualified elements of the crime provided for in Art. 127 of the Criminal Code of the Russian Federation.

Research objectives:

• - reveal the features of qualifying features that characterize the object of criminal legal protection. Pay attention to the signs of the victim;
• - reveal the features of qualifying features that characterize the objective side of qualified compositions;
• - identify problematic issues in the use of qualified human trafficking offenses, formulate proposals for resolving issues that arise in practice, including improving legislation in this area.

TO objective signs compositions include the object of criminal legal protection and the objective side of the criminal act. Let us consider the signs of qualified trafficking in persons from this position sequentially.

Article 127.1 of the Criminal Code of the Russian Federation. The purchase and sale of a person, other transactions in relation to a person, as well as recruitment, transportation, transfer, concealment or receipt committed for the purpose of his exploitation.

A generic object is a social relationship that protects the individual. Species - social relations protecting the freedom, honor and dignity of the individual. The immediate object is social relations protecting the personal freedom of a person.

The objective side consists of human trafficking, that is, the purchase and sale of a person or his recruitment, transportation, transfer, harboring or receipt, committed for the purpose of his exploitation (that is, the objective side may consist in the commission of at least one of the actions specified in Part 1 ). The purchase and sale of a person involves transferring it from one person to another for a material reward, so both parties - both the seller and the buyer - are responsible.

Human exploitation (according to Note 2 of Article 127.1 of the Criminal Code) means the use of prostitution by other persons and other forms of sexual exploitation, slave labor (services), and servitude.

Subject is a sane individual who has reached the age of 16.

The subjective side is direct intent, and in relation to the consequences specified in paragraph “a” of Part 3 of Article 127.1 of the Criminal Code (in the form of death, serious harm to the victim’s health or other serious consequences) - negligence in the form of frivolity or negligence.

Qualifying features:

1) in relation to two or more persons;

2) in relation to a known minor;

3) by a person using his official position;

4) with the movement of the victim across the State Border of the Russian Federation or with his illegal detention abroad;

5) using forged documents, as well as with the seizure, concealment or destruction of documents identifying the victim;

6) with the use of violence or the threat of its use;

7) for the purpose of removing organs or tissues from the victim.

Particularly qualifying features:

a) resulting through negligence in death, causing serious harm to the health of the victim or other serious consequences;

b) committed in a way dangerous to the life and health of many people;

c) committed by an organized group.

Conditions for exemption from criminal liability:

According to Note 1 to Art. 127.1 of the Criminal Code of the Russian Federation, a person who for the first time committed an act provided for in Part 1 or Clause “a” of Part 2 of Article 127.1 of the Criminal Code, who voluntarily released the victim and contributed to the disclosure of the crime committed, is exempt from criminal liability if his actions do not contain another crime .

Ticket No. 8

1. The concept and content of the subjective side of the crime.

2. Rape. The concept that qualifies the elements of a crime. Difference from other crimes against sexual freedom and sexual integrity of the individual.

Question No. 1. The concept and content of the subjective side of the crime.

The objective side of a crime is understood as a set of factual signs and circumstances that characterize the external act of a specific socially dangerous encroachment on social relations protected by law, interest, benefit, value, recognized as the object of the crime.

Signs of the objective side:

¾ Socially dangerous act (is mandatory in all cases);

¾ Socially dangerous consequences (are mandatory if they are directly provided for in the relevant article of the Special Part of the Criminal Code of the Russian Federation);

¾ Causal connection between the act and the harmful consequences (is mandatory if they are directly provided for in the relevant article of the Special Part of the Criminal Code of the Russian Federation);

¾ Place, time, method, setting, instruments and means of committing a crime (is mandatory if they are directly provided for in the relevant article of the Special Part of the Criminal Code of the Russian Federation).

A socially dangerous act is expressed in action or inaction.

Action – socially dangerous, strong-willed, active behavior of the person who committed the crime.

Inaction is a socially dangerous, volitional, passive behavior that represents a failure to perform those actions that a person should and could have committed.

A socially dangerous consequence is harm caused by a crime to an object of criminal legal protection. Harm can be material (property damage, physical harm) and intangible (violation of the normal activities of organizations, government apparatus, government and management).

A cause-and-effect relationship is a connection in which a criminal act, preceding in time, inevitably gives rise to a criminal consequence and is a necessary, main condition for its occurrence.

The crime scene is the specific area where the crime took place.

The time of commission of a crime - as a sign of a crime is understood in the sense of a certain time period during which the crime was committed.

The situation in which a crime was committed presupposes the objective conditions under which the crime occurred.

The method of committing a crime is the form in which socially dangerous actions were expressed, the techniques and methods that the criminal used to commit the crime.

The means of committing a crime are tools, devices, chemicals, etc. with the help of which a crime was committed.