V. A. Lipkan: Legal and institutional fundamental principles of interaction between entities combating human trafficking in Ukraine

 

 L 613 Lipkan V. A.Legal and institutional fundamental principles of interaction between entities combating human trafficking in Ukraine : [monograph] /  V. А. Lipkan, O. V. Kushnir / Edited by V. A. Lipkan. — К. : О. S. Lipkan, 2013. — 332 p.
  ISBN 978-966-2439-40-3 

The monograph is devoted to legal and institutional fundamental principles of interaction between entitites combating human trafficking in Ukraine. The work defines such definitions as „human trafficking”, „combating human trafficking”, „interaction between entities combating human trafficking”.

In the research is developed and provided scientifically based proposals to improve the efficiency prevention of trafficking; generalized the international experience combating human trafficking and the main ways of borrowing it in Ukraine and also defined the directions of improving police cooperation with other entities combating human trafficking.

To Strategy of combating human trafficking in Ukraine special attention was payed. It should become the backbone document in regulatory cooperation in the field combating human trafficking.

Monograph will benefit graduate students, researchers and practitioners, and all those interested in combating crime, including trafficking.

 

 

 

CONCLUSIONS

The monograph provides a new solution of scientific objective to clarify the nature of interaction between the entities that combat human trafficking (HT), to identify administrative and legal relations between these entities as well as directions for cooperation improvement with simultaneous clarifying of methodological orientations and criteria for such activities.

We acknowledge that current state of regulation interaction between the entities combating human trafficking in Ukraine needs radical improvement. However, the level of scientific development in theoretical legal research of the issue is rather low.

By the results of the research we consider necessary to formulate the most important, practically meaningful and scientifically valid conclusions.

The R&D level of the issue on interaction of entities combating human trafficking has been determined.  In spite of the numerous papers on specific aspects of human trafficking, a comprehensive and systematic study on interaction of the entities combating human trafficking has not been made. Analysis of the said papers and their comparison with the law enforcement practices indicates, that the paradigm concept of interaction has not yet been elaborated in the legal scientific literature as well as the notion of interaction of the entities combating HT. Criteria to distinguish types and forms of such interaction and legal approaches to the components of the system of entities combating HT have not been formulated. In addition, we have reached a new level to build a sample model of the system of entities combating HT by determining the legal and organizational aspects of interaction; this being an important stage of research.

Analysis of historical and general theoretic papers made possible to conclude that human trafficking has been the subject of studies by Ukrainian and foreign scientists for decades. Priorities to select approaches in comprehending this phenomenon and to identify combat tools were changing within the whole historical period. Some scholars (N. Akhtyrska, V. Varyvoda, O. Bandurka, V. Glushkov, A. Kozak, V. Kuts, K. Levchenko,  Y. Lyzogub, O. Nadjon, A. Orlean, V. Pidhorodynskiy, L.  Sergeeva etc.) studied the trafficking phenomenon in the aspect of further sexual exploitation of victims. Other scientists (S. Bratkov, Y. Kondratiev, O. Kuzmenko, V. Olefir, Y. Rymarenko, I. Serova, Y. Shemshuchenko etc.) studied illegal migration, sometimes linking it with human trafficking and alleging an interdependence of these phenomena, or bringing them under a single concept of ‘international migration’. However, all the researches in this field failed to overcome the abstractions to go beyond merely theoretical boundaries of analytic studies and to consider the mechanism of interaction of entities combating these phenomena, limiting only by institutional principles.

Nevertheless, the issue to define the notion of interaction (including in combating human trafficking) arises permanently, since new threats in combating human trafficking appear and the phenomenon itself covers new forms of exploitation. Therefore new entities having special powers to combat human trafficking should be formed in this sphere, Введите текст или адрес веб-сайта либо переведите документ.

Отмена

Vodnochas, zminyuyetʹsya administratyvno-pravovyy̆ status ta zavdannya chynnykh sub’yektiv protydiï, vdoskonalyuyutʹsya formy y̆ metody ïkhnʹoï roboty.

Пример использования слова “”:

автоматически переведено системой Google

the administrative and legal status, the tasks of existing entities are changing; forms and methods of their work are improving.

The state operation in all areas has practical nature. Therefore we consider that studying any phenomenon directly or indirectly connected with implementation of the state functions by the entities has obligatorily to study interaction of these entities to develop the most effective operation mechanism in each sphere of public administration. This approach will make possible to impact directly on the processes of state building and create opportunity for flexible and effective management of these processes.

We are convinced the scientific attention should be focused on the existing inadequately elaborated and debatable separate aspects of interaction between the entities combating human trafficking, which indicate that the study of this legal phenomenon requires a thorough integrated research. This study should be carried out by using the synergetic, multidisciplinary, systematic, historical, structural-functional, terminological methods of cognition. However, it is necessary to use the following general, special and fractional methods: abstraction, analysis and synthesis, deduction and induction, formal dogmatic (legal and technical), comparative law and so on. Furthermore, analyzing interaction of the entities combating HT, it should be taken into account that permanent dynamics, variability and instability characterize the world human trafficking phenomenon; its close ties with the other phenomena and, in general, with economic, political, cultural development of the country should be also considered.

Given current revision of methodological tools for legal research and transformation of heuristic and retrieval orientation, this monograph is the first paper in the administrative and legal doctrine of Ukraine to suggest constant prerequisites for formation of interaction as a socio-cultural phenomenon to determine the axiological, acmeological, ontological, epistemological, ideological, praxeological, anthropological and informatiological aspects of interaction; they are the fundamental system-generating elements of interaction. Application of systematic approach made possible to consider each of these aspects in the integrity and promoted better understanding of anti-trafficking features, the process of the organization functioning as a system.

An anthropological aspect of the essence of interaction is innovative. It made possible to analyze the major imperative of contemporaneity: an increased focus on human-centrism, philosophy of humanistic-oriented policies and practices of the state-building as well as practical and ideological benchmark; this allowed to have another look at the interaction with the changing view on the possibility of cognition.

This approach is due to the objective trend to anthropologize modern sciences, because anthropology of interaction is the scientific direction to focus mainly on the person and the realm of personal and individual interests of the entity combating human trafficking is not limited to merely law-enforcement functions of these entities; it resembles a complex, often tangled skein of relationships, connections and actions. Based on these postulates, we have developed a definition: the interaction of anti-trafficking entities from the anthropology viewpoint – is a complex system of relationships between people, which gets a certain level of institutionalization, concentrating its interests, especially on the issues of combating human trafficking.

The key issues within the limits of anthropology of law outlined in our monograph are not exhaustive regarding the research concept of the human interaction dimension. Indeed, the interaction in general and especially between the entities combating human trafficking is an extremely variable social substance being in permanent dynamics. Therefore, further study of this issue should be aimed at scientific substantiating prospects of improving the interaction between entities combating HT as a complex socio-legal phenomenon, in particular, through the comparison and definition of the possible mechanisms and models of interaction of these entities in the near future, which will replace its traditional variations.

In addition, the monograph has developed and clarified a number of conceptual notions. Here are some of them.

We propose to consider interaction of entities combating human trafficking in a broad and a narrow sense.

In the broad sense interaction in combating human trafficking – is a definite system of legal measures and procedures which consists of the synthesis of the concerted actions by different entities combating HT as separate organizational systems, designed to achieve a common goal which is to overcome the trafficking, with the least expenditures of force, means and time.

 In the narrow sense the interaction in combating human trafficking – is the activity of various entities combating HT based on the laws and regulations agreed upon for the purpose, place and time, which consists in rational combination of forces, means and methods peculiar to these entities aimed at prevention, detection and termination of trafficking and also elimination of the causes and conditions inspiring it.

We think that coordination of joint actions in interaction of entities combating human trafficking in the structural-functional and functional-role meaning is a special system of theoretical, methodological and praxeological interpretation principles of the methods and techniques to regulate and mutually coordinate the management activity of all anti-trafficking entities aimed at establishing an effective management and legal system for permanent control over criminogenic processes in the mentioned sphere and preventive combating human trafficking.

Principles of combating human trafficking is a system of equally important major provisions that correspond to the objectives of the public administration system and define the requirements for: 1) organization, 2) process, and 3) support to the management process in combating human trafficking.

We have conventionally divided the said set of principles into two groups: common law principles (historism, legality, scientific character, objectivity, comprehensiveness, publicity, planning, continuity, offensiveness, democratism, humanism) and private principles (which, in turn, are divided into three subgroups): 1) principles to build the management system: the principle of hierarchy, functional, territorial and sectoral, controllability, 2) principles to effect the management process or management system functioning (functional): common interests, goal-orientation, major (key link), responsibility, combination of one-man management and collegiality, responsibility of governing bodies and officials for the acts or omissions, reasonable proportion between the goals and ways to achieve them with resource support, political neutrality, etc.; 3) principles to implement the interaction process itself in combating human trafficking: internal and external sectoral principles. At the same time, we have to insist on the existing of conventional margin between these principles, which are mutually overlapped and interacted. In addition, they differ in the level of generality, thus making impossible to rank them. But on the whole, the said provisions form certain elements of the general interaction algorithm in combating human trafficking.

Interaction form of the entities combating human trafficking – is the external manifestation of the legally based functionally caused actions between the relevant entities during combating human trafficking, which, depending on the interaction purpose, provides coordination and correct combination of powers as well as regulated nature of the methods and means for their activity. An essential point that needs consideration is the fact that the objects impacted by the interaction entities are complex, multilateral and dynamic, as well as social and other processes occurring in them. Influenced by general economic, political, cultural and other factors, some of the combating processes fade, stop to exist (hence, there is no need to impact, manage these processes), the others – on the contrary, are amplified and gain new quality content. Therefore, the nature of interaction in the executive administrative activity in HT combating cannot be considered stable. As a result of growth in controlled processes, deeper and more scientifically substantiated their cognition, the interaction content is changed.

Administrative and legal relations in anti-trafficking area – are specific social relations regulated by the administrative law provisions that arise between the respective entities as a result thereof they acquire legal rights and legal obligations established and guaranteed by the appropriate administrative and legal norms.

The entity in combating human trafficking – is a carrier of functional rights and responsibilities that implements a range of anti-trafficking tasks to achieve the ultimate goal; it is vested with power and authority to participate in such activities.

System of anti-trafficking entities – consideration of entities combating human trafficking as a system assists to fully explore the scope and conditions for optimal functioning of each element and in the aggregate, taking into account the system being developed in line with the requirements and needs to secure  development of a particular society:

in the narrow sense – a set of state and public organizations that purposefully are engaged at different levels and different scales in planning measures for combating human trafficking, administering these measures or their direct implementation, ensuring this implementation; they have certain rights and responsibilities  and bear liability for non-compliance;

in the broad sense – a set of three elements – the entity and its responsibilities, the area of the entities’ functioning and law enforcement measures – creates anti-trafficking structural and functional system.

We present this sample system through emphasizing three of its major components – the entities directly combating human trafficking:

  • State – Ministry of Internal Affairs of Ukraine, the Prosecutor General and subordinate prosecutors, the Security Service of Ukraine, Ministry of Foreign Affairs of Ukraine, the Ministry of Health of Ukraine, Ministry of Education, Youth and Sports of Ukraine, Ministry of Social Policy of Ukraine, the Ministry of incomes and charges of Ukraine, Ministry of Justice of Ukraine, State Border Service;
  • other anti-trafficking entities established by the Cabinet of Ministers of Ukraine – Interpol, Europol, the Regional Center of Southeast European Cooperation Initiative in combating transnational crime (SECI), etc.;
  • international and public organizations – the International Organization for Migration, the Organization for Security and Cooperation in Europe, the International Labor Organization, the International Women’s Rights Centre “La Strada – Ukraine”, Organization for Democracy and Economic Development – GUAM, Organization for Security and Cooperation in Europe (OSCE) and others.

Criteria to classify ant-trafficking interaction of entities include: 1) the goal (permanent and temporary interaction); 2) the nature of relations (direct and indirect interaction); 3) the way to resolve issues (joint or independent functioning of interacting entities); 4) the number of participants (bilateral and multilateral (mixed) interaction); 5) duration of joint actions (permanent, regular, periodic, single, temporary interaction); 6) directions (strategic, operational and tactical interaction); 7) relation to the system or subsystem of bodies effecting the said combatting (internal and external system interaction); 8) degree of secrecy or confidentiality (overt and covert interaction); 9) organizational and legal form (coordinated, subordinated and reordinated interaction), 10) grounds for emerging (regulated, as directed by the higher authority or initiative interaction); 11) orientation of functioning (positive, negative or neutral interaction); 12) location of anti-trafficking entities in administrative system of internal affairs (vertical, horizontal and mixed). This list does not purport to be exhaustive in determining the types of interaction between anti-trafficking entities. However, in our opinion, it covers the most essential aspects of their coordinated performance and enables to undertake the general analysis of the nature of this phenomenon. At the same time combinations of different types of interaction is a prerequisite for its effectiveness. Improving interaction requires classification analysis and organizational streamlining of interaction by the types, form, time and scope of work.

In view of the fact that the territory of Ukraine is situated at the crossroads of East and West, it is on the verge of real threats to state security, which dynamically change under the influence of internal and external factors. Along with the escalation of international terrorism and extremism, illicit trafficking in arms and drugs, illegal migration, significant risks and threats are also associated with human trafficking – one of the most dangerous types of international criminal business that grossly violates human rights, increases social tension, prevents recovery of national economy and jeopardizes implementation of positive changes on the way to build a democratic rule of law state.

That’s why we accented attention on the circumstance that human trafficking directly threatens public security and therefore these crimes should be given special attention by the state as the main entity to guarantee national security. Since one of the main missions of state power is to create a safe environment and protect the population against threats, including the threat of criminal assault (and human trafficking in particular), it is the state that using its own mechanism and the mechanism of law impacts social relations and exercises its national interests through effective functioning of the national security system.

Moreover, long time of human trafficking existence and its ability to adapt to different conditions of social life led to its institutionalization. Therefore, in order to avoid further development of the institutional characteristics of human trafficking, it is important to strengthen law enforcement agencies combating HT. On the contrary, the main unit in the Ministry of Internal Affairs of Ukraine on implementation of the state policy in the sphere of protection of the rights and freedoms of citizens and the interests of society and the state from human trafficking is now deprived the status of autonomy and is on the verge of extinction.

Meanwhile, the state policy of Ukraine in combating human trafficking should be directed to:

  • prophylaxis and prevention of human trafficking and related crimes, primarily through increased awareness and advocacy, especially among younger women, rehabilitation and reintegration of trafficking victims;
  • ensure strict control over legislation compliance by business entities that work in modeling, tourism, entertainment business, mediation in employment abroad and inevitable prosecution of persons guilty in violations of current legislation;
  • the most effective implementation of measures to identify, detect, suppress and investigate the cases of human trafficking and related crimes;
  • international cooperation in combating human trafficking and related offenses.

State policy in combating human trafficking till 2012 was progressive in nature: the basic international documents have been ratified; the legislation system in combating human trafficking has been actually established and implemented in practice; for the first time a number of program documents to define the tactics of countering this phenomenon have been adopted (Article 149 “Human Trafficking or Other Illegal Agreement on Human Transfer” was incorporated into Criminal Code of Ukraine, the Law of Ukraine “On Combating Human Trafficking”); specialized anti-trafficking units have been created, their operation has significantly reduced the activity of organized criminal groups in this area; the practice of cooperation against human trafficking between Ukraine and other countries has expanded; a growing scientific interest to this problem reflected in comprehensive research in this area is observed.

However, there also exist shortcomings to which we want to draw the attention of governmental officials, politicians and scientists:

  • Currently quite great array of regulatory and legal acts are in force, their separate elements do not always meet the requirements of consistency, coherence and accessibility. This is primarily, due to the dynamic development of all processes in the Ukrainian society over the last 20 years. As a result there exists an inherent contradiction in regulation of certain relations, imbalance in the ratio between the laws and bylaws in favor of the latter. That is why we believe that at the present stage the system and structure of legal regulation of activities of anti-trafficking entities needs reforming;
  • Although an anti-trafficking system exists in Ukraine, its entities are not actually united by the goal and common objectives. However, without common goals and coordinated relations it is fairly problematic to create a logically completed, effective anti-trafficking mechanism. So, we need an approach to form both the law enforcement system and its individual components, in particular, the sub-system combating human trafficking, given the fact that the genesis and evolution of the entities of the said system are inseparably linked with the development of the status of central state executive authorities. Therefore, in our opinion, the anti-trafficking system requires reorganization.

Aimed at rectifying the current situation in interaction between the anti-trafficking entities, we suggest the following:

  • Renew and unify the national and departmental legislation. Its first step should be creation of the Development Strategy for anti-trafficking system to serve both a strong constructive and stable element on the way to form anti-trafficking system and open new ways to state building of our unitary country and in the whole – to the rule of law as the highest functioning goal of socio-cultural systems. The said Strategy will not only assist to approximate the interaction entities, but will also guarantee unification of legal regulation, harmonization of law components and their balance within the legal framework. 

Strategy to develop anti-trafficking system: 1) it is adopted in the state the  system of views on the nature of modern threats in this area, on  goals and objectives, forms and methods of protection and implementation of national interests, and also a sector of practical activity for combating human trafficking. Criterion for assessing the effectiveness of anti-trafficking system is the reduction degree of human trafficking facts in the state; 2) the system of large-scale public-policy decisions and activity directions developed in the anti-trafficking area. Their consistent implementation ensures achievement of strategic objective by the main entities; 3) the guide line aimed at resolving the tasks of the whole historical period to achieve the fundamental objectives; 4) the political and legal document which defines strategic goals, priorities, objectives and mechanisms for implementing anti-trafficking policy in the country. Main objective of anti-trafficking Development Strategy is to form the system of combating human trafficking at the qualitatively higher level based on the interests of the person and the citizen, the society and the state.

  • Improve the efficiency of law enforcement agencies through simplification and facilitation of interaction by way of explicit recognition of authorities. Therefore, we believe that the Ministry of Internal Affairs of Ukraine should be a coordinator of supervising activities to combat trafficking. This will make possible to increase the effectiveness of the used efforts, ensure completeness and reliability of their results, assist to prevent violations in this area, to eliminate overlapping of powers in anti-trafficking activities and in implementation of the interaction itself. Therefore, our compelling stand is to insist on the need to return the status of autonomy to the department of combating HT of the MIA of Ukraine (and simultaneously specify the notion ‘combating’).

Measures to reform the functioning mechanism of the said system have to become an integral part of the socio-political targeted plan aimed at incentivizing democratic activity of every citizen, changing the social conditions in which trafficking arises or spreads. Progressive steps in this direction should be confirmed by the practice to minimize the impact of dangerous factors inherent to trafficking on social processes, on the state of society development, depriving the organized criminal groups, armed gangs, criminal organizations and criminal families operation in human trafficking of socio-political, socio-legal, socio-economic, socio-psychological background. That is why it is necessary to implement strategic management of the national system to combat human trafficking in Ukraine;

  • Since the international cooperation is essential to succeed in combating human trafficking and also aimed at strengthening responses to transnational crime by the enforcement and judicial authorities in addition to the domestic efforts, we consider it necessary to create a comprehensive transnational anti-trafficking strategy and expedite conclusion of bilateral, regional and global agreements in this area. At that, planned joint actions of all anti-trafficking entities are required. These actions will be of a long-term, coordinated and strategic nature. Actions should be planned based on the real assessment of both the challenges and the capabilities available to respond to them. They should be supported by the willingness of various concerned groups and agencies to cooperate with each other at the local level and with the other actors at the regional and international levels;
  • Given the fact that the use of operational-search information in identifying traffickers is one of the difficult problems for Ukraine, while abroad (Germany, Switzerland, France, the USA, Japan and other countries) they have long used the procedure of ‘specific’ investigation (undercover agents, etc.) performed only by order of the prosecutor or the investigating judge and by the agency not involved in the investigation of a particular case, we think expedient to consider the possibility of using foreign experience.

In our study we also paid attention to the activities of non-governmental organizations that protect the rights and the interests of citizens and are essential for the development of civil society.

The logical question arises: why? First, because in the modern world there exist two major governance patterns now; and we observe their constant competition and symbiosis. One of these patterns is typical and understandable, associated with public authorities and the national-state system. We call it the state power. The second pattern of the world governance is a transparent anonymous globalized transnational system, an open society, which today is becoming more widespread and is greater controlling the first one. It consists of international non-governmental organizations and multinational corporations. No wonder that we raise the question of its essential role. Such non-public power is well in schemes of multifunctional organizational management, every time increasing the power and sophistication of conventional legal institutions; it has evolved from the domination over material objects to governing the social ones, thus uniting with the more common power profile, though having the extraordinary level of competence. This merger is now trivial.

Therefore, in our opinion, priority measures of international and non-governmental organizations in combating human trafficking are:

  • assist to reducing scope of trafficking and related criminal activities;
  • form in Ukrainian society, especially among the young generation, adequate assessment of public threat from trafficking and related crimes, their inadmissibility; encourage active support to practical countermeasures;
  • strengthen international cooperation of state authorities in combating trafficking and related offenses.

Major forms of anti-trafficking activities of the said organizations include:

  • assist to trafficking victims, i.e. all actions, aimed at the rehabilitation and reintegration of victims: facilitate the return to Ukraine, provide medical, psychological, legal assistance, employment, etc.;
  • arrange ‘hot line’ operation;
  • carry out research of violence against women and expertise of legislative acts on the status of women in Ukraine;
  • conduct outreach and awareness raising work among the youth, hold seminars, conferences, etc.;
  • disseminate information on human trafficking, publish digests, materials, newsletters, flyers;
  • arrange and hold seminars and trainings for specialists in this field;
  • arrange and hold trainings for the representatives of potential risk group.

The need of mass media and community participation  in combating human trafficking is also axiomatic, since  an indicator of anti-crime efficiency is, on the one hand, slowing the growth, stabilizing or even reducing the crime rate, and on the other hand – a quality increase of socio-preventive activity of the population, support to preventive measures by public opinion.

That is why one of the key anti-trafficking tasks under the obligatory participation of the media is to demonstrate the performance of special services, indicating the inevitability of punishment. One of the most effective tools is the detailed coverage of the trials of the traffickers and their voluntary assistants.

Besides, we think major objectives of the media in anti-trafficking process are:

  • inform the community about human trafficking as a problem in general;
  • disseminate information about the mechanism of trafficking in order to prevent this crime;
  • effectively promote disseminating information about measures to combat human trafficking;
  • disseminate information about employment conditions abroad;
  • promote formation of tolerance to the victims;
  • disseminate information about organizations and social projects involved in prevention of human trafficking, etc.

Finally, we emphasize, that the interaction of anti-trafficking entities can give the expected result only in case it has a targeted nature and is based on the law, observing the principles of interaction and correct combination of forms and methods of professional activities, specific to each of the interaction entities.  At the same time, powers and responsibilities of each interaction entity must be clearly divided in line with the object competence of each o them.

Thus, this publication is a peculiar synthesis, an attempt to systematize the acquired experience, a combination of theory and practice, a demonstration of own  elaborations and certainly an invitation of concerned persons to further constructive discussions, which will direct this issue from the field of theoretical debates to practical implementation. After all, a democratic, really legal state should protect and multiply the good, establish by laws and power the highest spiritual values of life in society and public mind, this being its designation. The only way to do it is to ensure security, welfare and comprehensive development of culture in the society. This is the basis, the sense of everyone’s life. Our young Ukrainian state has to go freely this path, the path where education, intelligence, welfare and spiritual prosperity will dominate over greed and itch for gain at any cost.

Eventually, overcoming the human trafficking phenomenon through properly organized interaction of anti-trafficking entities will indicate the transition to a qualitatively new level of state apparatus control and shifting the vector of security activity to the one that forms the basis of democracy, constitutionalism, grassroots democracy and reasonable balance between the human-centrism and the state-centrism concepts.

 

BRIEF CONTENTS

 

PART 1. THEORETICAL BASIS OF INTERACTION BETWEEN
ENTITIES COMBATING HUMAN TRAFFICKING IN UKRAINE . . 25
Chapter 1. Genesis of theoretical legal ideas about the interaction
between entities combating human trafficking in modern
administrative law doctrine . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .26
Chapter 2. The level of science research, centered at problem of
interaction between entities combating human trafficking . . . . . . . . . . .39
Chapter 3. Key definitions of research, centered at problem of
interaction between entities combating human trafficking . . . . . . . . . . . . 56
Chapter 4. The system dimention of interaction between entities
combating human trafficking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .74

PART 2. METHODOLOGICAL BASIS OF INTERACTION
BETWEEN ENTITIES COMBATING HUMAN
TRAFFICKING IN UKRAINE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
Chapter 1. The purpose and tasks of interaction between entities
combating human trafficking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .84
Chapter 2. The functions of interaction between entities combating
human trafficking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .86
Chapter 3. The principles of interaction between entities combating
human trafficking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .90
Chapter 4. The types and the forms of interaction between entities
combating human trafficking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112

PART 3. THE SYSTEM OF ENTITIES COMBATING HUMAN
TRAFFICKING IN UKRAINE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131
Chapter 1. Administrative and legal relations in combating human
trafficking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132
Chapter 2. Administrative and legal status of entities combating
human trafficking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143
Chapter 3. The structural elements of system entities combating
human trafficking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150
Chapter 4. Differentiation of administrative and legal competence of
entities combating human trafficking . . . . . . . . . . . . . . . . . . . . . . . . . . . . 168

PART 4. THE INTERNATIONAL EXPERIENCE OF COMBATING
HUMAN TRAFFICKING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 183
Chapter 1. International standart of combating human trafficking . . . . . . 184
Chapter 2. International cooperation in combating human trafficking . . . 209

PART 5. MAIN FORMS OF ACTIVITY PUBLIC INSTITUTIONS
IN COMBATING HUMAN TRAFFICKING IN UKRAINE . . . . . . . 217
Chapter 1. Council of Europe activities in combating human
trafficking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 228
Chapter 2. Civil society participation in combating human trafficking . . 237
Chapter 3. Important role of media in consolidation democratic
society at combating trafficking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 238

PART 6. THE STATE POLICIES IN COMBATING HUMAN
TRAFFICKING IN UKRAINE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 241
Chapter 1. The process of institutionalization of human trafficking . . . . . . 249
Chapter 2. Directions of improvement of interaction police with other
entities combating human trafficking . . . . . . . . . . . . . . . . . . . . . . . . . . . . 257
Chapter 3. The Strategy of development system of entities combating
human trafficking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 263
Chapter 4. Soft Law in combating human trafficking . . . . . . . . . . . . . . . . . . 268
CONCLUSION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 286
APPLICATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 299
TEZAURUS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 323
USED LITERATURE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 340
USEFUL BIBLIOGRAPHY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 363
GRATITUDE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 370

CONTENTS

BRIEF CONTENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
CONTENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
PREFACE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
PART 1. THEORETICAL BASIS OF INTERACTION BETWEEN
ENTITIES COMBATING HUMAN TRAFFICKING IN UKRAINE . 25
Chapter 1. Genesis of theoretical legal ideas about the interaction
between entities combating human trafficking in modern
administrative law doctrine . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .26
Chapter 2. The level of science research, that centered on the problem
of interaction between entities combating human trafficking . . . . . . . . . 39
Research, relating to directly interaction 41
Research, relating to directly interaction between entities combating
human trafficking 47
Chapter 3. Key definitions of research, that centered on the problem
of interaction between entities combating human trafficking . . . . . . . . . 56
Chapter 4. The system dimention of interaction between entities
combating human trafficking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .74
Axiological aspect . 75
Acmeological aspect 76
Ontological aspect 77
Еpistemological aspect 77
Gnoseological aspect .78
Ideological aspect .78
Praxeological aspect . .79
Anthropological aspect . .80
Epistemic aspect 82

PART 2. METHODOLOGICAL BASIS OF INTERACTION
BETWEEN ENTITIES COMBATING HUMAN
TRAFFICKING IN UKRAINE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
Chapter 1. The purpose and tasks of the interaction between entities
combating human trafficking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .84
Chapter 2. The functions of the interaction between entities
combating human trafficking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .86
Chapter 3. The principles of the interaction between entities
combating human trafficking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .90
Chapter 4. The types and the forms of the interaction between entities
combating human trafficking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
PART 3. THE SYSTEM OF ENTITIES COMBATING HUMAN
TRAFFICKING IN UKRAINE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131
Chapter 1. Administrative and legal relations in combating human
trafficking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132
Chapter 2. Administrative and legal status of entities combating
human trafficking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143
Chapter 3. The structural elements of system of entities combating
human trafficking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150
Chapter 4. Differentiation administrative and legal competence of
entities combating human trafficking . . . . . . . . . . . . . . . . . . . . . . . . . . . . 168
PART 4. THE INTERNATIONAL EXPERIENCE OF COMBATING
HUMAN TRAFFICKING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 183
Chapter 1. International standart of combating human trafficking . . . . . . 184
Chapter 2. International cooperation in combating human trafficking . . . 209
PART 5. MAIN FORMS OF ACTIVITY PUBLIC INSTITUTIONS
IN COMBATING HUMAN TRAFFICKING IN UKRAINE . . . . . . . 217
Chapter 1. Council of Europe activities in combating human trafficking . 228
Chapter 2. Civil society participation in combating human trafficking . . 237
Chapter 3. Important role of media in consolidation of democratic
society in combating trafficking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 238
PART 6. THE STATE POLICIES IN COMBATING HUMAN
TRAFFICKING IN UKRAINE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 241

Chapter 1. The process of institutionalization of human trafficking . . . . . . 249
Chapter 2. Directions of improvement of interaction police with other
entities combating human trafficking . . . . . . . . . . . . . . . . . . . . . . . . . . . . 257
Chapter 3. The Strategy of development system of entities combating
human trafficking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 263
Chapter 4. Soft Law in combating human trafficking . . . . . . . . . . . . . . . . . 268
CONCLUSION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 286
APPLICATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 299
TEZAURUS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 323
USED LITERATURE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 340
USEFUL BIBLIOGRAPHY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 363
Criminal & legal description of the trafficking . . . . . . . . . . . . . . . . . . . . . . . 363
Transplantation of human bodies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 365
GRATITUDE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 370