Legal Issues of Combating Trafficking in Human Beings in the Legislation of the Republic of Kazakhstan

  • Svetlana A. ALZHANKULOVA Academy of Economics and Law named after U.A. Dzholdasbekov, Taldykorgan, Kazakhstan
  • Vitaliy KHAN Academy of Economics and Law named after U.A. Dzholdasbekov, Taldykorgan, Kazakhstan
  • Roza Z. TAUZHANOVA Academy of Economics and Law named after U.A. Dzholdasbekov, Taldykorgan, Kazakhstan
  • Ainur D. DARKHAMBAEVA Academy of Economics and Law named after U.A. Dzholdasbekov, Taldykorgan, Kazakhstan
  • Medet M. RAKHIMBEKOV Academy of Economics and Law named after U.A. Dzholdasbekov, Taldykorgan, Kazakhstan
  • Raushan B. ERZHAHANOVA Academy of Economics and Law named after U.A. Dzholdasbekov, Taldykorgan, Kazakhstan

Abstract

In the context of the globalization and aggravation of crime situation, the problem of human traffic is of the particular importance. Therefore, this article is aimed at the examining the organizational-legal issues of combating trafficking in human beings and forced labor. Based on the study of international instruments and national legislation of the Republic of Kazakhstan related to worker exploitation, the author revealed inconsistencies with international standards of human rights, in particular the lack of punishment under criminal law for forced labor. Particular attention is paid to the problem of trafficking in children, as well as changing staff control mechanisms of labor inspection and law enforcement. It proposed adjustments to the criminal legislation of the Republic of Kazakhstan by the adoption of criminal law, which prohibits the use of forced labor. In addition, there is identified and substantiated the need in a special law of the Republic of Kazakhstan on combating trafficking in human beings.

References

[1] Agibaev, A.N. 2015. The Commentary to the Criminal Code of the Republic of Kazakhstan. General and Special Parts. Almaty: Zheti Zhargy, 768.
[2] Ann, D.J. 2002. The annotated guide to the complete un trafficking protocol. Available at: http://www.hrlawgroup.org/resources/content/Traff_AnnoProtocol.pdf
[3] Dolinina, I.G., and Kushnaryova, O.V. 2016. Forming Occupational Safety Culture on the Basis of Development of Students’ Risk-Focused Intellection. International Journal of Environmental and Science Education, 11(14): 6334-6343.
[4] Flores, N. M. 2016. Human Trafficking and Modern-Day Slavery. Proceedings of the Catholic Theological Society of America, 71(1): 111-124.
[5] Imashev, E.Z. 2016. Prospects for Formation and Development of the Geographical (territorial) Industrial Clusters in West Kazakhstan Region of the Republic of Kazakhstan. International Journal of Environmental and Science Education, 11(14): 6445-6462.
[6] Kempadoo, K., Sanghera, J., and Pattanaik, B. 2015. Trafficking and prostitution reconsidered: New perspectives on migration, sex work, and human rights. London: Routledge. 273.
[7] Nawyn, S.J., Kavakli, N.B., Demirci-Yılmaz, T. and Pantic Oflazoğlu, V. 2016. Human Trafficking and Migration Management in the Global South. International Journal of Sociology, 46(3): 189-204.
[8] Sharivkan, Z., Rakhmetulina, B., Naurysbaev, E., and Aimukanova, B. 2016. Analysis of the Main Trends in the Development of Civil Society Institutions in the Republic of Kazakhstan. IEJME-Mathematics Education, 11(7): 2203-2212.
[9] Veresha, R. 2016. Mistake of Criminal Law and its Influence on the Classification of Crime. International Journal of Environmental and Science Education, 11(15): 8017-8025.
[10] Zawidow, B.D. 2015. Criminal legal analysis of crime against freedom, honor and dignity of the person. Available at: https://www.lawmix.ru/comm/3041
*** Code of the Republic of Kazakhstan on administrative offenses. 2015. Almaty: YuRIST Publishing house, 428.
*** Convention (No.105) concerning the Abolition of Forced Labor. Adopted on 25 June 1957 by the General Conference of the International Labor Organization at its fortieth session. Available at: http://www.legislationline.org/documents/action/popup/id
*** Convention №81 of the International Labor Organization concerning Labor Inspection in Industry and Commerce. (1947). Available at: http://en.tengrinews.kz/zakon/The_Parliament_of_the_Republic_of_Kazakhstan_/-International_relations_of_the_Republic_of_Kazakhstan/id-Z010000194_/
*** Forced Labor Convention. 1930. No. 29. Adopted on 28 June 1930 by the General Conference of the International Labor Organization at its fourteenth session. Available at: http://www.ohchr.org/ForcedLabour-Convention.aspx
*** ILO 2012. 2012. Global estimate of forced labor. Available at: http://www.ilo.org/global/topics/forced-labour/publications
*** ILO Declaration on Fundamental Principles and Rights at Work 1 August 1998. 1998. Available at: http://www.f-law.net/law/archive/index.php/t-38322.html
*** Special report of the Commission on Human Rights under the President of the Republic of Kazakhstan ‘Actual problems of human rights’ protection in the field of combating trafficking in human beings in the Republic of Kazakhstan’. Available at: http://www.adilet.gov.kz
*** Statisti al report of the Eurostat ‘human Trafficking’, 2015 edition. Available at: http://ec.europa.tu/dgs/home-affairs
*** The Civil Code of the Republic of Kazakhstan. 2015. Almaty: YuRIST Publishing house, 352.
*** The Criminal Code of the Republic of Kazakhstan from July 3, 2014 No. 226-V. 2014. With amendments and additions as of 24.11.2015. Available at: http://online.zakon.kz
*** The Protocol to prevent, suppress and punish trafficking in persons, especially women and children, and punishment, supplementing the UN Convention against transnational organized crime of 15 November 2000. 2000. Available at: http://www.ohchr.org/ ProtocolTraffickingInPersons.aspx
*** The U.S. state Department report ‘On human trafficking’ for the year 2013. 2013. Bureau of international information programs, U.S. Department of State. Available at: www.chrono.org/2013/gosdepartament-ssha-doklad-o-torgovle-lyudmi
Published
2017-03-01
How to Cite
ALZHANKULOVA, Svetlana A. et al. Legal Issues of Combating Trafficking in Human Beings in the Legislation of the Republic of Kazakhstan. Journal of Advanced Research in Law and Economics, [S.l.], v. 7, n. 7, p. 1598-1607, mar. 2017. ISSN 2068-696X. Available at: <https://journals.aserspublishing.eu/jarle/article/view/740>. Date accessed: 27 dec. 2024.
Citation Formats
Issue
Vol 7 No 7 (2016): JARLE Volume 7, Issue 7(21), Winter 2016
Section
Articles

The Copyright Transfer Form to ASERS Publishing (The Publisher)
This form refers to the manuscript, which an author(s) was accepted for publication and was signed by all the authors.
The undersigned Author(s) of the above-mentioned Paper here transfer any and all copyright-rights in and to The Paper to The Publisher. The Author(s) warrants that The Paper is based on their original work and that the undersigned has the power and authority to make and execute this assignment. It is the author's responsibility to obtain written permission to quote material that has been previously published in any form. The Publisher recognizes the retained rights noted below and grants to the above authors and employers for whom the work performed royalty-free permission to reuse their materials below. Authors may reuse all or portions of the above Paper in other works, excepting the publication of the paper in the same form. Authors may reproduce or authorize others to reproduce the above Paper for the Author's personal use or for internal company use, provided that the source and The Publisher copyright notice are mentioned, that the copies are not used in any way that implies The Publisher endorsement of a product or service of an employer, and that the copies are not offered for sale as such. Authors are permitted to grant third party requests for reprinting, republishing or other types of reuse. The Authors may make limited distribution of all or portions of the above Paper prior to publication if they inform The Publisher of the nature and extent of such limited distribution prior there to. Authors retain all proprietary rights in any process, procedure, or article of manufacture described in The Paper. This agreement becomes null and void if and only if the above paper is not accepted and published by The Publisher, or is with drawn by the author(s) before acceptance by the Publisher.