Key Benefits:
On the counteraction of human trafficking
(Information of the Verkhovna Rada of Ukraine (VR), 2012, No. 19-20, pp. 173)
{With changes made according to the Code
No. 4651-VI of 13.04.2012 , 2013, No. 9-10, No 11-12, No. 13, pp. 88
Laws
No. 5459-VI of 16.10.2012 , VR, 2013, No. 48, pp. 682
No. 245-VII of 16.05.2013 , BBR, 2014, No. 12, pp. 178
No. 1697-VII of 14.10.2014 , BBR, 2015, No. 2-3, pp. 12
No. 766-VIII of 10.11.2015 , BBR, 2015, No. 52, pp. 482}
This Act defines the organisational and legal principles of counter trafficking, guaranteeing gender equality, the basic areas of public policy, and the establishment of international cooperation in this sphere, the powers of the executive branch, the order of establishment The status of persons affected by human trafficking and the order of assisting those individuals.
1. For the purposes of this Act, the terms are used in this way:
Human trafficking-a system of measures carried out as part of the counteraction of trafficking in persons aimed at identifying the crime of trafficking in persons, including the unfinished, persons who have suffered, the installation of physical/legal persons- The people who are trafficked and are responsible for their responsibility;
Identification of persons affected by human trafficking (victims of human trafficking),-finding information that gives reasons to believe that a certain physical person has suffered from human trafficking;
Child-any physical person under eighteen years of age;
to aid workers affected by human trafficking-social services centres for families, children and youth, territorial social services centres (providing social services), and socio-psychological rehabilitation of children and shelters For children;
The protection of persons affected by human trafficking is a system of measures to restore the rights of persons affected by human trafficking;
the country of origin is a country of which a citizen is a physical person, or a country of residence or a stay for a person without citizenship;
The person affected by human trafficking is any physical person who has become an object of trafficking in persons and is recognised in accordance with the provisions of this Act;
to return or leave a child who has been affected by trafficking in children and is a foreigner or a person without citizenship,-a set of measures aimed at ensuring the needs of such a child return to the country of origin or abandonment of Ukraine has a child who has been affected by the trafficking of children in Ukraine and is a foreigner or a person without citizenship;
The return to Ukraine of citizens of Ukraine affected by human trafficking is a set of measures aimed at organizing the return of citizens of Ukraine who suffered from trafficking in persons in another state, territory of Ukraine;
Human trafficking prevention-a system of measures aimed at identifying and eliminating causes and conditions that lead to human trafficking;
Human trafficking-a system of measures aimed at overcoming trade by people through its prevention and combating and providing assistance and protection to persons affected by trafficking in persons;
The procedure for establishing a person who has been affected by human trafficking is a set of measures under which the person is authorized on the basis of information obtained and of its analysis, comparing elements of the person to the definition of human trafficking, Evaluates the likelihood of an act of such an act and concludes that such a person is a person who has been affected by human trafficking;
The rehabilitation of persons affected by human trafficking is a complex of medical, psychological, social, legal and other activities aimed at restoring the physical and psychological condition and social functions of the person affected by trade. People;
Human trafficking is the implementation of an illegal agreement, the object of which is man, and the same recruitment, movement, hiding, transfer or recipient of a person committed to exploitation, including sexual, using deception, fraud, blackmail, the vulnerable state of a person or by applying or threatening the application of violence, using a service position or material or other dependency on another person, according to Criminal Code of Ukraine -confess.
Article 2. Legislation on counter trafficking
1. Relations arising in countering trafficking in persons are regulated Constitution of Ukraine , by this Act, other laws and international treaties of Ukraine, consent to the duties provided by the Verkhovna Rada of Ukraine, as well as adopted by other regulations.
Article 3. Basic principles of counteraction by human trafficking
" 1. Activities aimed at countering trafficking in persons is based on the following principles:
(1) To ensure the rights and freedoms of man and citizen, in particular the right to respect for dignity, personal life, legal assistance, reparation of material and moral harm in the prescribed law;
2) respect and unbiased attitudes towards persons affected by human trafficking;
(3) Privacy of information on persons affected by trafficking in persons;
4) Voluntary assistance to persons affected by human trafficking, and their non-discrimination on the signs of race, colour, political, religious and other beliefs, gender, ethnic and social background, property, location (a) of the rights of the child;
5) the interaction of the executive branch between each other, with the relevant bodies carried out of operational and investigative activities, a pre-judicial investigation, and with public and international organizations.
{Item 5 of the first article 3, with changes made under the Act No. 245-VII of 16.05.2013 }
2. In the case of persons affected by trafficking in persons or witnessed by human trafficking, there are children, all actions applied to them are based on principles specified in the Conventions on the rights of the and Optional Protocol to the Convention on the Rights of the Child on the trafficking of children, child prostitution and child pornography .
3. If the age of the person is not defined and there is reason to believe that this person is a child, she is considered a child and is given a special protection for the installation of her age.
Article 4. The main areas of public policy in countering trafficking in human beings
1. The main areas of public policy in countering human trafficking are as follows:
(1) Prevention of human trafficking by increasing awareness of population, preventive work, lowering of population vulnerability, overcoming demand;
(2) The fight against the crime associated with trafficking in persons, by identifying crimes of trafficking in persons, persons involved in the committing of crime, to bring them accountable;
(3) to assist and protect individuals who have been affected by human trafficking, by improving the system of reconstructing their rights, providing a complex of services, implementing the mechanism of human trafficking in the sphere of human trafficking.
Article 5. Entities that undertake measures to counteract human trafficking
1. The subjects that undertake measures in countering human trafficking are as follows:
(2) The Cabinet of Ministers of Ukraine;
3) the central authorities of the executive branch;
5. Ukraine's foreign diplomatic institutions;
(6) Institutions to help individuals who have been affected by human trafficking.
{Part of the first Article 5 in the edition of the Law No. 5459-VI of 16.10.2012 }
2. In carrying out measures aimed at preventing trafficking in persons, the participation of local governments is involved, and by consent, enterprises, institutions, organizations regardless of the form of property, public organizations and individual entities. Citizens.
Chapter II
GENERAL POWERS OF SUB-ACTION IN THE FIELD OF COUNTERING TRAFFICKING IN HUMAN BEINGS
Article 5 - 1 . Powers of the President of Ukraine in the field of countering human trafficking
The President of Ukraine defines the central body of the executive branch, which is the national coordinator in the sphere of countering human trafficking.
{Section II complemented by Article 5 - 1 under the Law No. 5459-VI of 16.10.2012 }
Article 6. Powers of the Cabinet of Ministers of Ukraine
1. The Cabinet of Ministers of Ukraine:
1) directs and coordinates the work of subjects who commit measures in the field of contravening trafficking in persons identified in paragraphs 3 to 6 Part of Article 5 of this Act;
{Paragraph 1 of Part 1 of Article 6 with changes under the Act No. 5459-VI of 16.10.2012 }
{Subparagraph "a" paragraph 2 of the first article 6 is excluded based on the Law of the No. 5459-VI of 16.10.2012 }
(b) The procedure for establishing a status of persons affected by trafficking in persons;
(b Order The establishment and functioning of the Single State Register of the Crimes of Human Trafficking;
a) State target program In the area of countering human trafficking and overseeing its implementation;
b) The national mechanism for the interaction of entities that undertake measures to counteract human trafficking , and controls its implementation;
(b) The form of a questionnaire on the establishment of a person's status, which has been affected by human trafficking, and the help of the establishment of a person who has been affected by trafficking in persons;
(g) The form of reference that confirms the fact of the appeal of a foreigner or a person without citizenship, by establishing a status of persons affected by trafficking in the territory of Ukraine;
(g) Provisions for the institution of assistance to persons affected by trafficking in persons;
4) sets Order of payment of one-time material assistance to persons affected by human trafficking .
Article 7. General powers of the central executive bodies in the field of countering human trafficking
1. Central executive bodies in accordance with the established authority in the area of countering human trafficking shall be carried out:
1) the formation and implementation of public policies in the field of countering human trafficking;
(2) Development of a draft of the State Task Programme for the Counter Trafficking Programme and ensure implementation;
3) the development of the project of the National Mechanism for the Interaction of the Subjects, which carry out measures in the field of countering human trafficking, and ensure its implementation;
(4) Monitoring the activities of entities that undertake measures to counteract human trafficking;
5) the preparation and disclosure of the Cabinet of Ministers of Ukraine of the agenda of the annual report on the status of the implementation of measures in the field of countering human trafficking;
6) measures to establish a status of person affected by trafficking in persons, according to the established Cabinet of Ministers of Ukraine procedure;
(a) To eradicate the premises of human trafficking, including prevention of violence in family and discrimination based on gender;
(b) Increased awareness of the trafficking of children among parents and persons who have been replaced with children in the areas of education, health, culture, physical culture and sports, wellness and recreation, Judicial and law enforcement;
(8) Coordination and control of the activities of the institutions of assistance to persons affected by trafficking in persons;
(a) Integrated analysis of the status of prevention, detection and disclosure of crimes of human trafficking;
(b) The warning, detection and disclosure of crimes of trafficking in persons, including those with the nature of transnational organized crime;
(b) The search for persons who are hiding from the bodies of the pre-trial investigation and the courts are taken away from the execution of criminal penalties for committing crimes of trafficking in persons;
{Hint "in" paragraph 9 of the first article 7 with changes made under the Act No. 245-VII of 16.05.2013 }
(a) Border controls aimed at preventing and identifying the facts of trafficking in persons, including using vehicles operated by commercial carriers;
(b) the system and integrated nature of the improvement of the safety and control of passport and other documents that give the right to leave Ukraine and enter Ukraine;
(b) Regarding the timely design of documents on the right to stay in Ukraine or return to Ukraine;
(g) To repatriate foreigners and persons without citizenship affected by trafficking in persons;
(g) Regarding the forced vision from Ukraine of foreigners and persons without citizenship who have violated the legislation to counter trafficking in persons.
2. The list of central executive bodies that undertake measures to counter trafficking, their powers and the order of activities, and the central executive body, which will set the status of the person affected by the trade people are determined according to the part of the first of this article according to Constitution of Ukraine and Law of Ukraine "On the Central Executive Committee".
Article 8. General powers of local government administrations for the countering of trafficking in human beings
1. The place of government administrations, according to the established order of authority in the area of countering human trafficking:
(1) Provide social work and the provision of social services to persons affected by trafficking in persons;
2) organize the conduct of information campaigns, including the use of media;
(3) Provide the creation and support of hotlines, consultation and distribution of information and educational materials on the prevention of human trafficking;
(4) Collaborate with the associations of citizens on prevention of human trafficking;
(5) In accordance with the definition of the Cabinet of Ministers of Ukraine, procedures are involved in the work on establishing the status of person affected by trafficking in persons;
(6) Provide the implementation and functioning of the National Mechanism for the Interaction of the Subjects, which undertake measures to counteract human trafficking;
(7) Implement measures that contribute to the eradication of human trafficking, in particular with regard to prevention of family violence and discrimination based on gender;
8) take steps to raise awareness among parents and persons who replace them with the opposition to trafficking in children and persons who are constantly in contact with children in the areas of education, health, culture, physical culture and sports, wellness and recreation, judicial and law enforcement.
Chapter III
HUMAN TRAFFICKING PREVENTION
Article 9. Human trafficking prevention
1. The warning of trafficking is carried out by means of:
1) the study of the situation;
(3) Reducing population vulnerability;
4) overcome demand by implementing organizational, research, information, educational, legal, socio-economic and other activities.
Article 10. Tasks in the field of human trafficking prevention
1. To-dos to the prevention of human trafficking are:
1) the study of the state, the causes and conditions of the spread of the phenomenon of trafficking in persons;
(2) Increasing awareness of the population on the causes and effects of human trafficking by conducting information campaigns to counteract human trafficking in the population, including among children;
(3) To ensure the regulation of external and internal labour migration processes, etc.
Chapter IV
COMBATING HUMAN TRAFFICKING
1. Human trafficking is an integral part of the activities of the National Police Enforcement Police, which, in particular, undertake measures to identify the crimes of trafficking in persons, persons affected by human trafficking, The establishment of persons-merchants of persons and to bring them accountable through the implementation of organizational, operational, administrative, procedural, procedural, analytical, information and other activities.
{Part of Article 11 of the changes made under the Act No. 766-VIII of 10.11.2015 }
Article 12. Tasks in dealing with human trafficking
1. To tasks in the field of human trafficking are:
1) the identification of the causes and assumptions that promote trafficking in persons, and the exercise of measures to eliminate them;
(2) To ensure the safety of persons who have been deemed to have been victims of trafficking, witnesses and other persons involved in criminal proceedings against trafficking in persons;
3. Detection and investigation of crimes related to human trafficking;
(4) To be prosecuted, including criminal, persons involved in trafficking in persons;
5) to ensure the restoration of the rights of victims from trafficking in persons;
(6) Informing entities that undertake measures to counteract human trafficking and the public on the outcome of human trafficking activities.
Section V
TO ASSIST AND PROTECT PERSONS AFFECTED BY HUMAN TRAFFICKING
Article 13. The national mechanism for the interaction of entities that undertake measures to counteract human trafficking
1. With the purpose of effective assistance to individuals who have been affected by human trafficking, and their protection is created by the National Mechanism for the Interaction of Subjects to Counter Trafficking in Persons.
2. The implementation of the National Mechanism for the Interaction of Entities That Undertake Measures To Counteract Human Trafficking Involves Establishing The Needs Of A Person Affected By Human Trafficking, and the search for organs or institutions that can satisfy them.
Subjects that undertake measures to counteract human trafficking, in order to effectively assist and protect individuals who have been affected by human trafficking, take into account the age, health, gender, and special needs of such individuals.
3. The entities that carry out measures in countering human trafficking interact with themselves in the process of countering human trafficking within the implementation of the National Mechanism for the Interaction of the Subjects, which undertake measures to counteract human trafficking, and collaborates with public associations, regional and international organizations.
4. The main principles of the National Mechanism for the Interaction of the Subjects, which undertake measures to counteract human trafficking:
(1) Mutual informing with the proof of the privacy principle of human trafficking, the premise and causes of trafficking in persons, the methods used by the traffickers to help individuals who have been affected by human trafficking;
(2) Joint development of programs, plans for the opposition to human trafficking;
(3) Joint Organization for the Counter-Trafficking in Persons;
(4) Exchange of best practices in the field of opposition to human trafficking.
Article 14. Rights of the person who addressed the status of the person who suffered from trafficking in persons
1. A person who considers herself affected by human trafficking is entitled to address a local government administration with a claim to establish a status of person affected by human trafficking, and to the National Police authorities to protect rights and Freedom.
{Part of the first article 14 with the changes made under the Act No. 766-VIII of 10.11.2015 }
2. The person who sought to establish a status of person affected by human trafficking is entitled to make a decision to establish a status of person affected by human trafficking, to provide personal safety, respect and also to Free receive:
(1) Information on its rights and opportunities laid out by the language that the person possesses;
2) Medical, psychological, legal and other assistance regardless of residence;
(3) Temporary accommodation for persons affected by trafficking in persons.
3. foreigner or person without citizenship, which appealed to establish a status of person affected by trafficking in persons in Ukraine other than the prescribed part of the second of this article of rights, before deciding to establish a status of the person who affected by human trafficking, has also the right to:
1) free payment of the services of the interpreter;
2) a temporary stay in Ukraine in the order established by the legislature.
4. A foreigner or a person without a nationality who sought to establish a status of persons affected by trafficking in persons in Ukraine receives a reference that confirms the fact of establishing such a status and opening the appropriate procedures are the basis for registration in the central body of the executive branch, which implements state policy in the area of registration of individuals.
{Part of Article 14 of the changes made under the Act No. 5459-VI of 16.10.2012 }
5. The holding of a person who has sought to establish a status of persons affected by trafficking in persons, in temporary detention but due to the law of cases, and seeing it outside Ukraine until the establishment of a person's status, I'm sorry, I'm sorry. I
Article 15. Procedure for establishing a person's status that has been affected by human trafficking
1. The procedure for establishing a status of persons affected by trafficking is determined by the Cabinet of Ministers of Ukraine.
2. The joint component of the procedure for establishing the status of persons affected by human trafficking is the local public administration of interviews with the person concerned with the establishment of the status of the person who suffered Human trafficking, with the filling of a questionnaire on the establishment of a person's status that has been affected by human trafficking.
In the event of an impossibility for interviews with a person through its chronic mental illness, a temporary disorder of mental activity, malnutrition or other painful mental state or juvenile procedure of establishing a status of such a person is conducted on Based on other data.
3. The general lines of the procedure for establishing a person's status as affected by human trafficking cannot exceed the monthly rows from the day of the holding of a person in the local state administration.
4. In case of the decision to establish a status of person affected by human trafficking, a reference is given to it.
In the case of failure to establish the status of a person affected by human trafficking, the applicant has the right to challenge such a decision in court order.
5. The status of persons affected by human trafficking is set for up to two years.
The status of person's status, which has been affected by trafficking in persons, can be extended by a reasoned representation of local government administration for no more than one year.
6. To disrespect the trafficking of persons, it is necessary to find out that the decision to establish or extend the status line of the status of the status relied on false information or invalid documents that had significant value to make a decision.
Individuals who have submitted such information or documents may be prosecuted under the law.
7. Loss of the status of a person affected by human trafficking is given in the case of expiration of the status of the status on which it was installed or extended according to part 5 of this article.
Article 16. Rights of persons affected by human trafficking
1. The person who has been affected by trafficking in persons is entitled to provide personal safety, respect, and free access to:
(1) Information on its rights and opportunities laid out by the language that the person possesses;
(2) Medical, psychological, social, legal and other necessary assistance;
(3) temporary accommodation, with the desire of the injured person and in the case of housing insecurity, in establishments of aid for persons affected by human trafficking, for up to three months, which in case of need may be extended by the local government. Public administration, particularly in relation to the participation of persons in the quality of the affected or witness in the criminal process;
(4) reparation of moral and material harm through the persons being taken, in the order set forth by Civil Code of Ukraine ;
5) disposable material assistance in the order established by the Cabinet of Ministers of Ukraine;
6) assistance in employment, implementation of the right to education and vocational training.
2. Foreign and non-nationality, which established the status of persons affected by trafficking in persons within the territory of Ukraine, apart from the first mentioned part of the first article of rights, should also be entitled to:
1) free payment of the services of the interpreter;
2) a temporary stay in Ukraine for up to three months, which can be extended if necessary, in particular due to their participation in the quality of victims or witnesses in the criminal process;
(3) permanent residence in the territory of Ukraine in the order established by the legislation.
3. The reference of the status of persons affected by trafficking in persons is the basis for the registration of the central body of the executive branch, which implements state policy in the area of registration of individuals.
{Part of the third article 16 with the changes made under the Act No. 5459-VI of 16.10.2012 }
4. If entities that commit to human trafficking are subject to human trafficking, there are reasonable grounds to believe that life, physical or mental health or freedom and inviolability of the person affected by trafficking in persons is a foreigner or a foreigner. Without citizenship, danger in the event of returning it to the country of origin after the completion of her stay in Ukraine, in established order, can be extended to the status of person affected by human trafficking To obtain permission to stay in the territory of Ukraine prior to the termination of such Circumstances.
5. The person who granted the right to stay in Ukraine in accordance with part four of this article and which continuously lived in the territory of Ukraine for three years on the establishment of the status of persons affected by trafficking in Ukraine is entitled to receiving authorization on immigration in the order established by the legislation.
6. The treatment of persons affected by trafficking is not dependent on:
1) the appeal of such a person to law enforcement and its participation in the criminal process;
(2) the presence of a person in the document.
Article 17. Facilities to help individuals who have been affected by human trafficking
1. To ensure the implementation of the rights provided by this Act, persons affected by human trafficking can be sent to one of the active network of social services centres for family, children and youth, social services centres. (providing social services).
2. With the purpose of providing assistance to children who have been affected by children's trafficking, they can arrange for centres of sociopsychological rehabilitation of children and shelters for children in order to provide psychological assistance and to provide rehabilitation in order, in established legislation.
3. The failure and provision of services to persons affected by human trafficking, the current network of social services centres for families, children and youth, territorial social services centres (providing social services), centres Socio-psychological rehabilitation of children and shelters for children is regulated by the provisions of the institution.
Article 18. Return to Ukraine of Ukrainian citizens affected by human trafficking
1. Diplomatic missions and consular agencies of Ukraine in case of need to provide citizens of Ukraine with appropriate documents to return to Ukraine, provide the necessary advisory and legal assistance and take necessary measures on their Return to Ukraine.
2. In case of absence from citizens of Ukraine who suffered from trafficking in persons, funds for the return to Ukraine of diplomatic missions and consular institutions of Ukraine contribute to the return of them to Ukraine.
Article 19. Repatriation of foreigners and persons without citizenship who suffered from human trafficking
1. After passing the course of rehabilitation according to the provisions of this Act, the foreigner or the person without citizenship may be repatriated in the order established by the law.
2. In case of the need for a central executive body implementing state policy for the registration of individuals, sends a request to the country of origin of such a person to confirm the nationality of this person or its permanent residence on its territory. On the time of entry into the territory of Ukraine.
{Part of the second article 19 of the changes made under the Act No. 5459-VI of 16.10.2012 }
3. In case of the need for a central executive body implementing state policy in the area of registration of individuals, involving other entities in the field of countering human trafficking, as well as non-governmental and international organizations providing a foreign or a non-citizen who is repatriated, contact information about the institutions they can help in the country, to which they are repatriated, including law enforcement, NGOs, law institutions, and social protection institutions.
{Part of the third article 19 with the changes made under the Act No. 5459-VI of 16.10.2012 }
Chapter VI
COUNTERING CHILDREN
Article 20. Special principles for trafficking in children
1. Apart from the basic principles of counter-trafficking, predicted Article 3 This Act, the contravening of children by children, is based on the following special principles:
2) respect for the opinions of a child who has been affected by the trafficking of children, regarding the measures that apply to it, subject to her age, state of health, intellectual and physical development and interests;
(3) To disregard a child who has been affected by the trafficking of children, in understandable form of her rights and duties;
4) to ensure the privacy of the information about the person ' s identity and information that would allow for the child to be established as such a person who suffered the trafficking of children.
1. Subjects in the field of opposition to human trafficking, within their authority to use the necessary social, legal, psycho-pedagogical and other measures to identify and eliminate causes and prerequisites Trading children.
2. Subjects in countering trafficking in persons, within their powers, take measures to identify children who have been affected by trafficking in children, and conduct preventive work with them and their parents or persons who Replace.
3. The entities that carry out measures in the field of countering human trafficking within their own powers are developed and implemented in educational establishments by the educational and educational programs to counter the trafficking of children.
4. Subjects in countering trafficking in persons, within their powers, take steps to raise awareness of trafficking in children among fathers and persons who are being replaced, and persons who are constantly in contact with children in the areas of education, health, culture, physical culture and sports, wellness and recreation, judicial and law enforcement.
Article 22. Awareness of children affected by children ' s trade
1. A person who has become aware of the child suffering/affected by child trafficking, is required to delay and provide privacy to report to the local government, local governments, authorities Police or the Prosecutor's Office.
{Part of the first article 22 with the changes made under the Act No. 766-VIII of 10.11.2015 }
2. In case of suspicion of the involvement of the child ' s parents or persons who replace them, to trafficking in children who are constantly in contact with children in the areas of education, health, culture, physical culture and sports, wellness and leisure, Judicial and law enforcement, in the order established by the law, inform the authorities of the National Police or the Prosecution Authority.
{Part of the second article 22 of the changes made under the Act No. 766-VIII of 10.11.2015 }
Article 23. Providing assistance to children affected by children ' s trade
1. The State provides assistance to the child from the moment that the foundation has appeared to be affected by the trafficking of children, and to the complete conclusion of the rehabilitation of the child.
2. After receiving information about a child who suffered from a child trafficking, the local government administration on which the child is discovered inadvertently establishes a child's identity, takes a assessment of circumstances and taking a plan for the first aid measures A child to the question of establishing a child's status, which affected the trafficking of children.
3. In case of a child who has been affected by the trafficking of children, has the status of a child-orphans or child deprived of parental care, the local government administration has decided to have a child's job.
4. Centers for socio-psychological rehabilitation of children, shelters for children with educational institutions, health care is carried out by the development and implementation of an individual child care program that has been affected by the trafficking of children.
5. The entities that undertake measures to counteract human trafficking within their powers ensure the realization of the rights of children affected by the trafficking of children.
Article 24. Return or leave of the child affected by the trafficking of children
1. In the case of detection in Ukraine, a child who has been affected by the trafficking of children and is a foreigner or a person without citizenship, in the prescribed order is made by one such solution:
1) the return of a child to a country of origin
2) the abandonment of the child in Ukraine.
2. A child who has been affected by child trafficking is subject to a return to the country of origin if the parents or persons who replace them or the child 's protection agency of the country' s origin have agreed and have the opportunity to take over responsibility for the child and give her proper care and protection.
3. A child who has been affected by the trafficking of children is to leave Ukraine in case of impossibility of her return to the country of origin and in the presence of conditions for the integration of the child in Ukraine in part of her right to health care, education, social protection.
When deciding whether a child is returned or leaving the child, taking into account the age, physical, intellectual development, and the interests of the child.
4. A child who has been affected by the trafficking of children does not return to the country of origin if there is evidence that such a return puts on the threat of her safety and does not meet her best interests.
Chapter VII
CONTROL OF THE ENFORCEMENT OF THE LAWS IN THE FIELD OF COUNTERING TRAFFICKING IN HUMAN BEINGS
{Title of chapter VII in accordance with the Act No. 1697-VII of 14.10.2014 }
Article 25. Control of the anti-human trafficking system
1. The Verkhovna Rada of Ukraine exercises parliamentary oversight in the field of opposition to human trafficking within the limits of the Constitution of Ukraine .
Other state authorities exercise control in the field of opposition to human trafficking within the authority and in the manner prescribed by the Constitution and the laws of Ukraine.
Article 26. Public control of the execution of laws in countering trafficking in human beings
1. Public control of the enforcement of laws in the field of contravening human trafficking is carried out in the following areas:
1) to meet the activities of the entities that undertake measures to counter trafficking in persons, this Act and other laws;
2. Ukraine's international obligations for the countering of trafficking in persons;
(3) To ensure the incontient punishment for crimes of trafficking in persons.
2. Public organizations, their members or the authorized representatives, as well as individual citizens during the exercise of control of trafficking in persons shall have the right to:
1) provide information on violation of legislation in the field of contravention of human trafficking and on the discovered facts of trafficking in persons and the protection of persons affected by human trafficking;
" (2) Monitor the status of contravening the trafficking of persons and the protection of persons affected by trafficking in persons;
(3) To collaborate with entities that undertake measures to counteract human trafficking;
(4) To inform the population on the issues of countering trafficking in persons.
{Article 27 is excluded based on the Law of the No. 1697-VII of 14.10.2014 }
Chapter VIII
INTERNATIONAL COOPERATION IN COUNTERING HUMAN TRAFFICKING
Article 28. International cooperation in countering human trafficking
1. Ukraine participates in international cooperation in countering human trafficking at state, regional and local levels.
2. The subjects that carry out measures in countering human trafficking have the right to conclude cooperation treaties, establish direct links with the relevant bodies of foreign states, international organizations according to the legislation of Ukraine.
3. The State supports and encourages international cooperation in the field of countering human trafficking.
4. International organizations can be involved in the development and implementation of Ukraine joint programmes on issues of countering human trafficking.
Chapter IX
RESPONSIBILITY IN THE FIELD OF OPPOSITION TO HUMAN TRAFFICKING
Article 29. Responsibility for violation of legislation in countering trafficking in persons
1. Persons guilty of violating legislation in countering trafficking in persons is responsible for the law.
Section X
FUNDING AND SOURCES OF COVERAGE OF EXPENDITURES ON THE EXERCISE OF MEASURES AIMED AT COUNTERING HUMAN TRAFFICKING
Article 30. Financing measures aimed at countering trafficking in persons
1. Anti-human trafficking, as well as assist victims of trafficking include a series of measures, funded by public and local budgets, funds of enterprises, institutions and organizations, and professional unions and foundations, voluntary contributions of legal and physical persons, other sources.
2. A list of anti-trafficking measures is defined by the State Task Programme for the Counter-Trafficking Programme.
1. This Act will take effect from the day, the following day by the day of its publication.
2. To make changes to such legislative acts of Ukraine:
{Subparagraph 1 of paragraph 2 of section XI lost validity on the basis of the Code No. 4651-VI of 13.04.2012 }
2) in Immigration Law of Ukraine (Information of the Verkhovna Rada of Ukraine, 2001, No. 41, p. 197):
Part of the second article 4 to complement paragraph 8 of this content:
"(8) persons who have continuously lived in the territory of Ukraine for three years since the establishment of a person affected by human trafficking";
part of this article 9, after paragraph 7, add a new paragraph to such a content:
" 8) For persons referred to in paragraph 8 of the second article 4 of this Act, a copy of the document confirming the establishment of a person's status, which has been affected by human trafficking, as well as a document that confirms the fact of continuous residence of the person at "legally in the territory of Ukraine for three years since the establishment of a person's status, which has been affected by human trafficking".
In this regard, items 8 to 10 are considered under paragraph 9-11;
3) in Article 1 Law of Ukraine "On Social Services" (Ukrainian Supreme Council of Ukraine, 2003, No. 45, pp. 358; 2009, No. 38, pp. 535; 2011, No. 42, pp. 435):
The third after the word "violence" is supplemented with the words "circumstances caused by the consequences of trafficking in persons";
Paragraph 8, after the words "which have been affected by physical or mental violence" complemented by the words "and human trafficking";
Paragraph 9, after the words "which were violent, violence" complemented with the words "and affected by the trafficking of children";
4) in The Law of Ukraine "On social work with families, children and youth" (Information of the Verkhovna Rada of Ukraine, 2009, No. 23, pp. 284):
Article 7, paragraph 11, after the words "which were violent and violence", should read "affected by human trafficking";
Paragraph 2 of Article 9, after the words "violence in the family and child with children", shall be supplemented with the words "trafficking in persons".
3. The Cabinet of Ministers of Ukraine in the monthly row from the day of entry into force:
1) bring their regulatory and legal acts into compliance with this Act;
(2) To ensure acceptance in accordance with its competence of regulations arising from this Act;
(3) To ensure that the Act is aligned with the Law of Law of the Ministry of State and other central executive bodies.
