LAW OF THE REPUBLIC OF TAJIKISTAN

of July 26, 2014 No. 1096

About counteraction to human trafficking and assistance to the victims of human trafficking

This Law establishes the organizational and legal basis of counteraction to human trafficking, system of measures for protection and assistance to the victims of human trafficking and their rehabilitation and governs the public relations in the field of counteraction to human trafficking and assistance to the victims of human trafficking.

Chapter 1. General provisions

Article 1. Basic concepts

In this Law the following basic concepts are used:

- identification of the victims of human trafficking - establishment and check of the identity of the potential victims of human trafficking;

- debt bondage - provision or condition as a result of which the debtor in debt collateral pledges the personal labor or work of person, dependent on it, if the value of the performed work is not set off in debt repayment or if duration of this work is not limited to any term or if kind of work and the amount of compensation are not determined;

- the servile status - the state of dependence, subordinations integrated to illegal systematic compulsion of the person to making of any actions or failure to act for the benefit of other persons, to accommodation in certain place or to certain persons to accomplishment of certain work or rendering certain services for other person for remuneration or is non-paid, created as a result of debt bondage or customs owing to which the woman descend to other person, for remuneration or otherwise without right of surrender from its party, or the child is given by parents, other his legal representative or person replacing them, to other person, for remuneration or without that, for the purpose of exploitation of the child;

- victimization - increase in risk of involvement of the potential victim to the sphere of human trafficking and use of the victim as the object of operation owing to confluence or intended creation of the objective and subjective circumstances promoting it;

- reviktimization - increase in risk of repeated involvement of the victim to the sphere of human trafficking as the object of operation;

- slavery - condition or provision of person concerning which irrespective of its consent some or all competences inherent in the property right, including ownership, use and the order of the person are performed;

- other illegal transactions concerning the victims of human trafficking, transfer of the person as subject of the paid or non-paid transaction to other person (persons), including as gift, in exchange for any material values (exchange), or in temporary ownership or use for a fee (in employment), or as ensuring accomplishment of obligations according to the transaction (as a deposit) or equivalent of payment of the provided material values, the performed works (the rendered services), or according to the procedure of compensation of the harm done to other party;

- operation - use of the person or his work for extraction of material or other benefit by other persons by means of intended creation and (or) use of vulnerable provision of the person, or compulsion of the person for the benefit of the operating person or other persons to performance of works, rendering services or making of other actions, irrespective of their paid or non-paid nature, including occupation prostitution, rendering other services of sexual nature, occupation begging, forced labor or the services, slavery or customs similar to slavery, servile status, unlawful taking of bodies and (or) tissues of the person, illegal adoption (adoption) for commercial purposes, and equally illegal use of other person in the reproductive purposes or in biomedical researches, or in illegal armed groups and (or) armed conflicts, or in other criminal or unlawful activity;

- economic exploitation - exploitation of the person or his work for the purpose of extraction of material or other benefit by other persons by means of its leaving in debt bondage or serfdom, addresses to slavery or uses for chattel, forced or obligatory slavery or in the practice similar to slavery;

- sexual exploitation - extraction of material or other benefit by means of compulsion of other person, including by abuse of its vulnerable provision, to rendering services of sexual nature or to making of other actions of sexual nature, including its use for occupation prostitution, participations in spectacular actions of sexual nature, production of pornographic materials or objects or the address and deduction in sexual slavery;

- blackmail - coercion of the victim of human trafficking to making of any actions or to refusal of their making under the threat of distribution of the data discrediting honor of the victim or persons close to it, and equally in other data which can do essential harm to the rights or legitimate interests of the victim or legitimate interests of persons close to it;

- the child - the victim of human trafficking - person which was injured from crimes in the field of human trafficking before achievement of eighteen-year age;

- the victim of human trafficking - the physical person which was affected by human trafficking, including involved in human trafficking, or withheld in servile status irrespective of its procedural status, and also availability or lack of its consent to the offer, recruitment, transportation, concealment, transfer, sale, operation or other actions connected with human trafficking;

- the potential victims of human trafficking - persons who are engaged in vagrancy and begging, the orphan children and children without parental support, street children, persons dependent on alcohol, drugs or psychotropic substances, and also the other persons who are in socially dangerous or vulnerable provision promoting making concerning them of crimes and other offenses in the field of human trafficking;

- compulsion of the person - physical or mental impact on other person for the purpose of its motivation contrary to or in spite of himself and consent to making of any actions or to refusal of their making for benefit of the forcing person or other persons by stealing or violent restriction of freedom of the forced person, application in relation to it physical, sexual or mental abuse, or other threats, blackmail, or use for present purposes of the toxic, strong or other stupefying agents, and is equal by means of intended creation and (or) use of helpless condition or vulnerable provision of the forced person;

- forced labor - any work or service which is carried out by person, contrary to its will and consent as a result of coercion and (or) with use of its vulnerable provision, including performed in defiance of the industrial safety rules established by the legislation of the Republic of Tajikistan and regulations of its payment, health protection and safety;

- specialized agency (the center, shelter) on rendering services to the victims of human trafficking - the legal entity formed according to the legislation of the Republic of Tajikistan which purpose is provision of psychological, legal, medical and (or) other assistance to the victims of human trafficking, including on their temporary content and the device, for the purpose of protection of their legitimate rights and interests, and also social adaptation and social resettlement;

- counteraction to human trafficking - activities for the prevention, identification, suppression, minimization of effects of human trafficking and assistance to the victims of human trafficking;

- social adaptation of the victim of human trafficking - active adaptation of person which was affected by human trafficking to the rules and standards of behavior accepted in society, recovery of the socialization process broken by encroachment, overcoming effects of the psychological or moral injury caused to it in process or result of its operation or making concerning it other crimes in the field of human trafficking;

- assistance to the victims of human trafficking - the package of measures of protection of the victims of human trafficking, their social adaptation and social resettlement guaranteed by the state, including rendering by it psychological, legal, social, medical and other types of the help;

- trade in children - any act or the transaction, by means of which the child is illegally given by parents, other legal representative or other person (group of persons) on whose permanent or temporary care there is child, to other person (group of persons) for material remuneration or other compensation for the purpose of its operation or receipt of material or other benefit, and it is equal for the purpose of illegal adoption (adoption) of the child, irrespective of the methods applied at the same time;

- human trafficking - purchase and sale of the person or making concerning it other transactions, and equally performed, irrespective of the consent of the victim, for the purpose of its operation or extraction of illegal benefit otherwise, the offer, recruitment, transportation, concealment, transfer, or receipt of the person with use of coercion, deception, abuse of guilty official position, confidence abuses or vulnerable provision of the victim of human trafficking, or bribery of dependence depending on whom it is;

- the dealer in people - the physical person or legal entity which is performing independently or group of persons human trafficking, and equally financing such activities, or taking due to it material or other benefit, and also the official who the actions promotes human trafficking or does not interfere and does not counteract it as shall do it owing to the office powers;

- crime execution with use of the official position - making of crimes in the field of human trafficking and the related crimes the official or person to whom managerial functions are assigned, organizational and administrative and administrative powers in the state, commercial and other organizations, and also other employee of public authorities, self-government institutions of settlements and villages and the organizations, irrespective of their form of business, using for present purposes the official position or office powers conferred to them;

- social resettlement of the victim of human trafficking - the actions directed to recovery of the social bonds and social functions lost by person which was affected by human trafficking and also other actions directed to reintegration of the victims of human trafficking into family and society;

- children's sex tourism - tourist trips, including foreign, full age persons for the purpose of the introduction in sexual connections with children or making concerning them other actions of sexual nature, and also for the purpose of their use as models for production of pornographic materials or objects or as participants in spectacular actions of pornographic nature;

- purchase and sale of the person - making of the bilateral paid transaction directed to transfer of the person by dependence depending on whom on legal or illegal cause he is to other person (persons) for the monetary reward;

- the state protection of the victims and witnesses on cases on crimes in the field of human trafficking (further - the state protection) - implementation by authorized state bodies of the stipulated by the legislation measures of the Republic of Tajikistan directed to protection of life, health and (or) property of the victims of human trafficking, and also measures for social protection of specified persons in connection with their participation in criminal trial;

- protection of the victim of human trafficking - the system of the measures guaranteed by the state, aimed at safety, protection of life, health and freedom, observance of other rights and legitimate interests of person, victim of crimes in the field of human trafficking;

- provision (condition) similar to slavery, - the status or provision of person which is in servile status, including in debt bondage;

- the vulnerable provision of the victim of human trafficking - the condition of physical, psychological, social or economic vulnerability of the person which arose owing to confluence or intended creation by the perpetrator of difficult vital circumstances, or the condition of material or other dependence of the person including the pregnancy connected with minor or old age, mental or somatic disease or physical defect of the person inducing it to agree to its coercion and (or) operation;

- recruitment search, selection and acceptance on hiring of persons for accomplishment for material remuneration for the benefit of the employer or other persons of any works, rendering services or implementation of other activities, including illegal, including in the territory of foreign state.

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