Analysis of judicial practice on the application of Ukrainian legislation on combating exploitation in the context of armed conflict

Abstract

The article analyzes the case law on the application of the Criminal Code of Ukraine on combating exploitation in the context of armed conflict. It is noted that the law of Ukraine on criminal liability contains two corpus delicti of criminal offenses relating to exploitation: human trafficking (Article 149) and child exploitation (Article 150 of the Criminal Code), but crime is moving forward and finding other forms of it. Also, in the context of armed conflict, such acts may be qualified under Article 438. Violation of the Laws and Customs of War of the Criminal Code of Ukraine, and law enforcement agencies do not distinguish the category of “human exploitation” separately.

It is concluded that the number of registered criminal offenses under Article 149 of the Criminal Code of Ukraine and convicted persons for human trafficking correlates, in particular, in 2023 as 1:8, and in 2022 – 1:7. It should also be noted that only 56 per cent of the registered criminal offenses under Article 149 of the Criminal Code of Ukraine are sent to court with a guilty verdict. It is noted that child exploitation is characterized by a high level of latency due to unwillingness, and in some cases, unawareness of the unlawful acts committed against the victim (a person under 16 years of age).

It has been established that the typical criminological portrait of a person who has committed human trafficking is as follows: a man (89 per cent) aged 30 to 50 (67 per cent), with a complete secondary or basic secondary education (67 per cent), able-bodied, but who has not worked or studied anywhere (56 per cent), a citizen of Ukraine (72 per cent). This criminal offense is not committed: under the influence of alcohol or drugs; by organized or criminal organizations. Only 28 per cent of criminal offenses under Art. 149 of the Criminal Code of Ukraine are committed as part of a group.

It is noted that the main problems arising in the prosecution of persons who have committed criminal offenses under Art. 149 and Art. 150 of the Criminal Code of Ukraine are the imperfection of the rules, as well as the lack of uniform application in criminal cases of criminal offenses against the will, honor and dignity of a person.