LAW OF TURKMENISTAN

of October 15, 2016 No. 454-V

About counteraction to human trafficking

This Law determines organizational and legal bases of counteraction to human trafficking, package of measures for protection of persons which were affected by human trafficking, to their rehabilitation and provision of the help by it, and also to prosecution of persons who are engaged in human trafficking and governs the public relations in the field of counteraction to human trafficking.

Chapter I. General provisions

Article 1. The basic concepts used in this Law

In this Law the following basic concepts are used:

1) physical person which could suffer from human trafficking or the related crimes – the expected victim (further – the expected victim) – the citizen of Turkmenistan, the foreign citizen or the stateless person concerning whom identification of the victims of human trafficking is performed;

2) human trafficking – purchase and sale of the person or making concerning it other illegal transactions in which it is considered as property object, and the victims which are equally performed irrespective of consent for the purpose of its operation recruitment, transportation, transfer, concealment or receipt of the person by threat of force, coercions, deception, abuse of the official position, confidence abuse or vulnerable provision of the victim of human trafficking, or bribery of dependence depending on whom it is. 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;

3) the dealer in people – the physical person or legal entity performing human trafficking and also the official who the actions (failure to act) promotes human trafficking and equally does not interfere and does not resist to it though shall do it owing to the office powers;

4) the victim of human trafficking – physical person which underwent to human trafficking and suffered from it irrespective of whether there was consent of this person to transportation, the transfer, sale or other actions connected with human trafficking;

5) identification of the victims of human trafficking – complex of the actions performed concerning physical person for the purpose of receipt of data on making or about intention to make human trafficking or the related crimes;

6) recruitment – employment, enrollment for any works, attraction to any activities, including illegal, involvement in structure of any organization, including organization which activities are prohibited by the law;

7) forced labor – any work or service which is required from the face under the threat of punishment or by other forms of coercion if at the same time this person did not offer the services voluntarily;

8) operation – forced labor or service, slavery or provision (condition) similar to slavery, servile status or extraction of bodies and (or) tissues of the person, other forms of exploitation of person for the purpose of making of actions of sexual nature;

9) slavery – provision or condition of person concerning which some or all powers inherent in the property right are performed;

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

11) debt bondage – the provision or condition arising owing to pledge by the debtor in debt collateral of 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 payment of its work are not determined;

12) substitute mother – the woman who gave birth to the child for other family as a result of application of medical method of artificial insemination or implantation of embryo for the purpose of its incubation;

13) counteraction to human trafficking – activities of state bodies, public organizations, other organizations, including the international organizations, according to the prevention, identification, suppression of human trafficking and the related crimes, identification of the victims of human trafficking, provision of necessary assistance by it, protection and recovery of victims of human trafficking, and also citizens who could suffer from human trafficking or the related crimes;

14) the crimes connected with human trafficking – the crimes provided by the Criminal code of Turkmenistan, connected with occupation prostitution or involvement in occupation prostitution, or coercion to continuation by occupation the prostitution, use of chattel slavery, kidnapping, illegal actions directed to employment of citizens abroad, production and distribution of pornographic materials or objects of pornographic nature with the image of minors.

Article 2. Legislation of Turkmenistan on counteraction to human trafficking

1. The legislation of Turkmenistan on counteraction to human trafficking is based on the Constitution of Turkmenistan and consists of this Law, the Criminal code of Turkmenistan and other regulatory legal acts of Turkmenistan governing the relations in the field of counteraction to human trafficking.

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