禁止乌克兰人从事强迫劳动及其风险的法律保障

N. Hladka, O. Yakovets
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引用次数: 0

摘要

文章分析了禁止强迫劳动的法律保障、发生强迫劳动的现代风险以及乌克兰人参与戒严的情况。文章揭示了禁止使用强迫劳动的国际和国内准则。文章重点论述了乌克兰是欧洲遭受强迫劳动现象最严重的国家之一这一事实。在研究 "强迫劳动 "的概念时,作者指出,乌克兰法律中没有这一概念,因此,为了充分理解这一术语,他们采用了国际惯例。文章描述了强迫劳动的主要形式和表现。界定了就业条件,这些条件是雇员面临危险的征兆,在就业关系过程中应加以注意,以免成为劳动剥削的受害者。分析了影响强迫劳动案件数量增加的政治和社会经济因素。尤其是政治不稳定、经济形势严峻、国家无力保障体面的生活水平、失业、劳动力迁移(尤其是向国外迁移)、公民法律文化水平低,这些都是导致乌克兰人对自身权利和禁止强迫劳动原则认识不足的原因。作者提请注意,在乌克兰戒严条件下,遭受军事侵略并有可能被强迫劳动的社会弱势群体数量增加。2022 年至 2023 年与人口贩运有关的刑事诉讼统计数据显示,这一罪行的受害者中有很大一部分是被强迫劳动的。需要强调的是,在世界上大多数国家,国家强迫劳动的现象已经消失,这种行为被认定为刑事犯罪。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Legislative guarantees of the prohibition and risks of involvement of Ukrainians in forced labour
The article analyses the legislative guarantees of the prohibition of forced labour, modern risks of occurrence and involvement of Ukrainians in martial law. International and national norms prohibiting the use of forced labour are revealed. Attention is focused on the fact that Ukraine is one of the states whose citizens suffer from this phenomenon the most in Europe. Researching the concept of "forced labour”, the authors note that it is absent in Ukrainian legislation, therefore, for a full understanding of this term, they use international practice. The article describes the main forms and manifestations of forced labour. The conditions of employment are defined, which are signs of danger for the employee and which should be paid attention to in the process of employment relations in order not to become a victim of labour exploitation. Political and socioeconomic factors that influence the increase in the number of cases of forced labour are analysed. In particular, political instability, a difficult economic situation, the inability of the state to guarantee a decent living standard, unemployment, labour migration, especially outside the state, the low level of legal culture of citizens, which is the reason for the poor awareness of Ukrainians with their rights and the principles of the prohibition of forced labour. The authors draw attention to the fact that under the conditions of martial law in Ukraine, the number of socially vulnerable sections of the population that suffered from military aggression and may be at risk of being involved in forced labour has increased. Statistics of criminal proceedings related to human trafficking for 2022­2023 are presented, as a significant part of the victims of this offense were subjected to forced labour. It is emphasized that in most countries of the world the phenomenon of imposing forced labour by the state has disappeared and such an activity is recognized as a criminal offense.
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