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LAW OF THE REPUBLIC OF BELARUS

of January 7, 2012 No. 350-Z

About counteraction to human trafficking

(as amended on 28-12-2023)

It is accepted by the House of Representatives on December 14, 2011

Approved by Council of the Republic on December 20, 2011

This Law determines organization-legal bases of counteraction to human trafficking, and also installs system of measures for protection and recovery of victims of human trafficking.

Chapter 1. General provisions

Article 1. The main terms applied in this Law and their determinations

For the purposes of this Law the following main terms and their determinations are applied:

the citizen who could suffer from human trafficking or the related crimes – the citizen of the Republic of Belarus, the foreign citizen or the stateless person (further, unless otherwise specified, – the citizen) concerning whom identification of the victims of human trafficking is performed;

the victim of human trafficking – the citizen concerning whom human trafficking or the related crime are made;

identification of the victims of human trafficking – complex of the actions performed for the purpose of receipt of data on making concerning the citizen of human trafficking or the related crimes;

the organization involved in human trafficking, – the organization performing the activities directed to human trafficking or making of the related crimes concerning which the decision of the Supreme Court of the Republic of Belarus on recognition its involved in human trafficking is made and took legal effect;

the crimes connected with human trafficking – use of occupation prostitution or creation of conditions for occupation prostitution; involvement in occupation prostitution or coercion to continuation of occupation prostitution; use of chattel slavery; kidnapping; the illegal actions directed to employment outside the Republic of Belarus; production and distribution of pornographic materials or objects of pornographic nature with the image of the minor;

counteraction to human trafficking – activities of state bodies, other organizations, including the international and foreign organizations, according to the prevention, identification, suppression of human trafficking and the related crimes, protection and recovery of victims of human trafficking, and also citizens who could suffer from human trafficking or the related crimes;

human trafficking – the recruitment, transportation, transfer, concealment or receipt of the person for the purpose of operation made by deception, either confidence abuse, or use of violence or under the threat of use of violence. The consent of the citizen to the planned operation is not taken into account if it was used any of the levers specified in this paragraph. Recruitment, transportation, transfer, concealment or receipt of the minor for the purpose of operation are considered as human trafficking even if they are not connected using any of the levers specified in this paragraph;

operation – illegal compulsion of the person to work or rendering services (including to actions of sexual nature, surrogacy, fence at the person of bodies and (or) fabrics) if he owing to circumstances cannot refuse performance of works or rendering services, including the slavery or customs similar to slavery.

Article 2. Legal regulation of the relations in the field of counteraction to human trafficking

1. The relations in the field of counteraction to human trafficking are governed by the legislation on counteraction to human trafficking, and also international treaties of the Republic of Belarus (further - the international agreements).

2. The legislation on counteraction to human trafficking is based on the Constitution of the Republic of Belarus and consists of this Law, acts of the President of the Republic of Belarus and other acts of the legislation.

3. If the international treaty establishes other rules, than those which contain in this Law then are applied rules of the international treaty.

Article 3. Purposes of counteraction to human trafficking

The purposes of counteraction to human trafficking are:

protection of the personality and society against human trafficking and related crimes;

prevention, identification, suppression of human trafficking and related crimes;

protection and recovery of victims of human trafficking.

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