Law of Ukraine
“On Ratification of the Agreement on the Cooperation of the CIS Member States in Combating Trafficking in Persons, Human Organs and Tissues”
Date of entry into force:
November 16, 2012
The Agreement on the Cooperation of the CIS Member States in Combating Trafficking in Persons, Human Organs and Tissues (hereinafter referred to as “Agreement”) was signed on November 25, 2005 in Moscow.
The Law ratifies the Agreement.
According to the Law, Ukraine does not consider itself bound by the provisions on the harmonization of legislation and carrying out coordinated measures to fulfill the provisions of the UN convention and other international agreements.
Article 1 of the Agreement provides definitions of terms used in it.
According to Article 2 of the Agreement, its objectives are:
- developing a coordinated strategy and adopting comprehensive joint measures of legal, socioeconomic, informational and other nature, to combat trafficking in persons, to liquidate the reasons for conditions that contribute to trafficking in persons, and to protect and help rehabilitation of its victims;
- uniting the efforts of all state authorities, community and other organizations, as well as the public, to achieve the most efficient results in combating trafficking in persons, especially women and children.
Article 3 of the Agreement envisages that the Parties cooperate in the following principal directions:
- improving the normative legal base for cooperation of the Parties in combating human trafficking, and harmonizing national legislations in this sphere;
- carrying out coordinated measures to fulfill the provisions of the UN conventions and other international agreements against human trafficking that the Parties are members of;
- analyzing the condition and dynamics of crimes related to human trafficking, and the results of combating such crimes;
- improving the mechanisms of cooperation between law enforcement bodies, border and migration control authorities, social security, health care and education institutions, non-governmental and other organizations, to effect coordinated measures against trafficking in persons, especially women and children;
- creating a joint data bank about transnational criminal groups, their leaders, legal entities and natural persons involved in human trafficking, and missing persons who may be victims of human trafficking;
- ensuring monitoring of the actions of legal entities and natural persons that may be involved in criminal activities or collaborating in human trafficking;
- carrying out measures to ensure efficient protection of victims of human trafficking, especially women and children, and their rehabilitation.
According to Article 4 of the Agreement, the following are the main forms of cooperation between the Parties:
- exchange of investigative, forensic, statistical and other information, in particular, information about planned and committed offences, and the legal entities and natural persons involved in them;
- fulfilling queries on detection and investigation measures;
- planning and implementing coordinated preventive and investigation measures;
- exchanging normative legal acts, publications and methodological materials;
- exchanging work experience, conducting working meetings, consultations, workshops, practical conferences and seminars, and joint scientific research;
- developing and implementing coordinated measures of preventing and combating the use of the Internet for human trafficking;
- providing cooperation in staff training and advanced training;
- developing and implementing new methods for social and medical rehabilitation of victims of human trafficking, especially women and children.
The competent authorities of the Parties cooperate through fulfilling assistance requests (hereinafter referred to as “requests”). Information can be provided to another Party without a request, if there are grounds to believe that such information is of interest for such Party. A request is made in writing. In urgent cases, a request can be made verbally, with a subsequent mandatory written confirmation within 3 days. Technical means of text delivery can be used. In case of any doubts as to the authenticity or contents of a request, additional confirmation may be sought. A request sent or confirmed in writing, on the official letterhead of the competent authority of the requesting Party, must be signed by the head or deputy head of the authority, and sealed by a round coat-of-arms seal of the authority. If the competent authority of a requesting Party finds that the request is no longer necessary, it shall inform the competent authority of the receiving Party immediately (Article 5 of the Agreement).
The procedure for fulfilling a request is established by Article 7 of the Agreement.
The results of the request fulfillment shall not be used without the consent of the competent authority that provided them, for any purpose except the one they were requested and provided for. The competent authority of the requesting Party can use the results of the request fulfillment for other purposes only by written consent of the competent authority of the receiving Party. In such cases, the competent authority of the requesting Party must observe the restrictions on the use of the request fulfillment results as established by the competent authority of the receiving Party (Article 8 of the Agreement).
According to Article 10 of the Agreement, an assistance request can be refused in part or in full, if the competent authority of the receiving Party believes that satisfying the request may harm the sovereignty, safety or public order, is in conflict with the national legislation and/or international obligations, or may violate the rights and lawful interests of the public. The competent authority of the requesting Party is immediately informed of the complete or partial refusal and its reasons, in writing.
The Law aims to:
- intensify practical cooperation with law enforcement bodies of the CIS countries;
- facilitate Ukraine’s efforts to fight organized crime on the national and international levels.