The Policy of Combating Crimes Related to Trafficking in Persons: Conceptual Apparatus and Structural Elements
Abstract
The search for adequate responses to global challenges and threats of a criminal nature (organized crime, terrorism, trafficking in persons, etc.), confirms the need to create a concept of a policy of combating crime associated with trafficking in persons as an integral part of criminal policy. Perhaps, Volkov K.A. was the first to point out the expediency of separating the counteraction to trafficking in persons as one of the directions of criminal policy, but this aspect has not found its further development, which is a serious gap in the law.
The purposes are the doctrinal development of the conceptual apparatus of the policy of combating crime related to trafficking in persons, the design of its complex multi-level structure, the general characterization of key provisions, features, elements and delimitation from similar and related phenomena and institutions.
The author involves constructive-critical, formal-logical, system-structural, comparative legal analysis of empirical and theoretical material. The key is the method of modeling (constructing) the policy of combating crime associated with trafficking in persons. The author is the first to schematically present a theoretical model of the policy of combating crime associated with trafficking in persons as the basis for a corresponding set of practical measures.
References
[2] Avdeev, V.A., Avdeeva, O.A. 2014. The concept of the criminal and legal policy of the Russian Federation: the basic directions of perfection of the criminal law and optimization of measures of counteraction of criminality. Criminological Journal of BSU: 1, 12-24.
[3] Babaev, M.M., Pudovochkin, Y.E. 2014. Problems of Russian criminal policy. Moscow: Prospekt.
[4] Bekmagambetov, A.B. 2001. On the issue of the correlation between the concepts of criminal and criminal-legal policy. Problems and ways of development of criminal legislation. Collection of scientific papers, 94-96.
[5] Bekmagambetov, A.B. 2011. Some proposals on improving measures of Kazakhstan to counter trafficking in persons in the context of the OSCE humanitarian basket. Gaps in Russian legislation: 1, 164-171.
[6] Bekmagambetov, A.B. 2016. Counteracting Trafficking in Persons as an Object of General Legal and Criminal Legal Regulation. International Cooperation of Eurasian States: politics, economics, and law: 1, 78-89.
[7] Brilliantov, A.V. 2016. The Criminal Law of Russia. General and Special Parts: Textbook. Moscow: Prospekt.
[8] Collection of acts of the President and the Government. 2009. The concept of legal policy of Kazakhstan for the period from 2010 to 2020. Astana: Collection of acts of the President and the Government.
[9] Commission on Human Rights under the President of Kazakhstan. 2014. Actual problems of human rights protection in the field of combating trafficking in persons in Kazakhstan. Astana: Commission on Human Rights under the President of Kazakhstan.
[10] Criminal Law. 2012. The concept of the criminal and legal policy of the Russian Federation. n.a.: Criminal Law.
[11] Dzhansaraeva, R.E. 2013. Crime: ‘combat’ or ‘mechanism of counteraction’. KazSU bulletin. Legal series: 1, 38-43.
[12] Gaukhman, L.D., Maksimov, S.V. 2010. Criminal policy. Actual problems of theory and practice. Collection of Essays, 53.
[13] Gilinsky, Y.I. 2014. Criminology: Theory, history, empirical base, social control. 3rd edition, revised and enlarged. St. Petersburg: Alef-Press.
[14] Gorshenkov, A.G. 2007. Criminological control in the sphere of combating crime. Criminological Journal of BSU: 3, 5-24.
[15] International Organization for Migration. (n.a.). Countering Trafficking in Persons. Retrieved from http://www.iom.kz/en/home-page-ru/21-what-we-do/86-13
[16] IOM. 2015. Collection of international and national documents on combating trafficking in persons. Almaty: Mission of the International Organization for Migration in Kazakhstan.
[17] Khanov, T.A., Boretsky, A.V. 2012. Interaction of the Russian Federation and Kazakhstan in Combating Crime Related to Trafficking In Persons. Criminological Journal of BSU: 4, 79.
[18] Kleymenov, I.M. 2014. Comparative criminology: Monograph. Moscow: Norma.
[19] Lopashenko, N.A. 2009. Criminal policy. Moscow: Volters Kluver.
[20] Luneev, V.V. 2017. Russia must wring out the signs of the Tranai legal system. State and law: 3, 58.
[21] Maksimov, S.V. 2015. Monitoring of the criminal policy of Russia. Institute of State and Law, Russian Academy of Sciences, 188-194.
[22] Malko, A.V. 2010. Draft Concept of Legal Policy in the Russian Federation until 2020. Saratov: SSAL.
[23] Malko, A.V. 2012. The concept of law enforcement policy in the Russian Federation (draft). Saratov: SSAL.
[24] Malko, A.V., Mazurenko, A.P. 2011. The concept of law-making policy in the Russian Federation (draft). Moscow: MHEI.
[25] Malko, A.V., Nyrkov, V.V. 2015. Social control as a priority direction of crime prevention and law enforcement policy tool (through the prism of analysis of a number of legislative novels). Criminological Journal of BSU: 3, 447-459.
[26] Ministry of Justice of Kazakhstan. 2013. Analytical report on the theme of fundamental and applied research ‘Criminal legislation of Kazakhstan’. Astana: Institute of Legislation of the Ministry of Justice of Kazakhstan.
[27] Ministry of Justice of Kazakhstan. 2016. adilet.zan.kz. Retrieved from http://adilet.zan.kz/rus/docs/V1600013543#z14
[28] Nomokonov, V.A. 2012. Some problems of optimization of anti-criminal policy. Criminological Journal of BSU: 3, 36-42.
[29] Nomokonov, V.A. 2016. On the criminal nature of Russian policy in the field of combating crime. All-Russian Criminological Journal: 10, 439.
[30] Online Zakon. n.a. online.zakon.kz. Retrieved from http://online.zakon.kz/Document/?doc_id=3128867#pos=1
[31] Online Zakon. n.a. online.zakon.kz. Retrieved from http://online.zakon.kz/Document/?doc_id=315235738#pos=78;-208
[32] Online Zakon. n.a. online.zakon.kz. Retrieved from http://online.zakon.kz/Document/?doc_id=31674438#pos=76-21
[33] OSCE. n.a. www.osce.org. Retrieved from http://www.osce.org/ru/press-release?filters=+im_taxonomy_vid_1
[34] Ovchinsky, V.S., Torbin, Y.G. 2009. Counteraction to trafficking in persons. Moscow: Norma.
[35] Panchenko, P.N. 2009. State power and its role in combating crime. Criminological Journal of BSU: 1: , 6-10.
[36] Rarog, A.I. 2016. Criminal policy and criminal-legal ambitions. All-Russian Criminological Journal: 10, 471.
[37] Revin, V.P., Osmonaliev, K.M., Revina, V.V. 2015. Fundamentals of modern criminal policy in Russia and Kyrgyzstan. Moscow-Bishkek: Altyn-Print.
[38] Shestakov, D.A. 2010. Post-liberal criminology on ‘trafficking in persons’. Criminological Journal of BSU: 3, 14.
[39] Shestakov, D.A. 2015. Introduction to criminology law. 2nd edition, revised and amended. St. Petersburg: Publishing house ‘Yuridicheskiy Tsentr’.
[40] United Nations. 2006. Trafficking in persons: Global Patterns. New York: UN.
[41] United Nations. 2009. Global report on trafficking in persons. New York: UN.
[42] United Nations. 2009. Model Law against Trafficking in Persons. Vienna: UN.
[43] United Nations. 2010. United Nations Global Plan of Action to Combat Trafficking in Persons. New York: UN.
[44] United Nations. 2012. Global report on trafficking in persons. New York: UN.
[45] United Nations. 2014. Global report on trafficking in persons. New York: UN.
[46] United Nations. 2014. Report of the Secretariat on Activities of the United Nations Office on Drugs and Crime to promote and support the implementation of the Protocol to Prevent, Suppress and Punish Trafficking in Persons [...]. Vienna: UN.
[47] United Nations. 2015. Doha declaration on integrating crime prevention and criminal justice into the wider United Nations agenda to address social and economic challenges and to promote the rule of law at the national and international level, and public participation. Doha: UN.
[48] United Nations. 2015. Report on the meeting of the Working Group on Trafficking in Persons held in Vienna from 16 to 18 November 2015. Vienna: UN.
[49] United Nations. 2016. Global report on trafficking in persons. New York: UN.
[50] Volkov, K. A. 2010. Why does the problem of trafficking in persons and human exploitation remain acute? Criminological Journal of BSU: 3, 147.
[51] Voronin, Y.A., Mayorov, A.V. 2013. Theoretical foundations of the formation of a system for countering crime in Russia. Criminological Journal of BSU: 1, 8-16.
[52] Zhalinsky, A. E. n.a. Selected Works. Moscow: Publishing house of High School of Economics.
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