独联体成员国打击贩运儿童的当前挑战

IF 0.1 Q4 CRIMINOLOGY & PENOLOGY

Russian Journal of Criminology Pub Date : 2022-03-11 DOI:10.17150/2500-4255.2022.16(1).57-72

S. Ivantsov, Aleksey Saranov

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引用次数: 0

摘要

本研究的目的是分析在俄罗斯联邦和其他独联体成员国制定和执行打击贩卖儿童的刑法措施方面的紧迫问题，并利用这一分析就如何改进这些措施提出建议。研究的主题是公共关系，在公共关系的范围内设计了贩卖儿童的刑法责任规范。本文的研究对象是立法、理论和实践问题的总和，对这些问题的分析将有助于刑法理论中与打击侵害人身自由、家庭利益和未成年人利益的犯罪有关的部分的发展。这条载有对若干国际法律文件中的条款的分析，对俄罗斯联邦和其他独联体成员国关于贩运儿童责任的刑法规范的比较研究，以及法庭实践的材料，关于贩运人口，特别是贩运未成年人的定罪的官方统计数字。研究的方法论基础是一般科学的认知方法和特殊的认知方法，包括比较法律方法和科学建模方法。对当代打击贩运儿童的刑法问题进行的复杂研究的结果被用来制定和提出关于改进俄罗斯联邦和其他独联体成员国的示范和国家刑事立法的建议。作者描述了与这一罪行的具体要素有关的贩卖未成年人的特点，提出了关于进一步区分犯罪责任的便利的论点，并就利用国外的积极经验提出建议。总的来说，作者的结论是，如果不不断改进国际法律基础和相应国家的国内立法，包括旨在统一所审议的犯罪责任的刑法规范，就不可能提高在独联体成员国领土上打击贩运未成年人的效力。

本文章由计算机程序翻译，如有差异，请以英文原文为准。

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Current Challenges in Countering the Trafficking of Children in the CIS Member States

The goal of this research is to analyze the urgent problems of developing and enforcing the criminal law measures to counteract the trafficking of children in the Russian Federation and other CIS member states, and to use this analysis in working out the suggestions on how to improve these measures. The subject of the research are public relations within which the criminal law norms of liability for the trafficking of children are designed. The object of the research is the aggregate of legislative, theoretical and practical issues whose analysis will contribute to the development of that part of the doctrine of criminal law connected with counteracting crimes against personal freedom, interests of the family and minors. The article contains an analysis of clauses in a number of international legal acts, a comparative study of criminal law norms of the Russian Federation and other CIS member states regulating liability for trafficking of children, as well as the materials of court practice, official statistics on convictions for human trafficking in general and trafficking of minors in particular. The methodological basis of research is general scientific and special methods of cognition, including the comparative legal method and the method of scientific modeling. The results of a complex study of the contemporary problems of criminal law counteraction to trafficking of children are used to develop and present suggestions on improving model and national criminal legislation of the Russian Federation and other CIS member states. The author describes characteristic features of the trafficking of minors connected with specific elements of this crime, presents arguments regarding the expediency of further differentiation of liability for committing it, gives recommendations on using positive foreign experience. In general, the author concludes that it is impossible to improve the effectiveness of counteracting trafficking of minors on the territory of the CIS member states without a continuous improvement of international legal basis and national legislations of the corresponding countries, including those aimed at the unification of criminal law norms on liability for the crime under consideration.

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来源期刊

Russian Journal of Criminology CRIMINOLOGY & PENOLOGY-

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期刊介绍： Current stage of law development is defined by novelty in all life spheres of Russian society. The anticipated renovation of legal system is determined by international life globalization. The globalization provides both positive and negative trends. Negative trends include increase in crime internationally, transnationally and nationally. Actualization of international, transnational and national crime counteraction issue defines the role and importance of «Russian Journal of Criminology» publication. Society, scientists, law-enforcement system officers, public servants and those concerned about international rule declared individual legal rights and interests’ enforcement take a tender interest in crime counteraction issue. The abovementioned trends in the Russian Federation legal system development initiate a mission of finding a real mechanism of crime counteraction and legal protection of human rights. Scientists and practicians’ interaction will certainly contribute to objective achievement. Therefore, «Russian Journal of Criminology» publication is aimed at criminology science knowledge application to complete analysis and practical, organizational, legal and informational strategies development. The activity of «Russian Journal of Criminology» that involves exchange of scientific theoretical and practical recommendations on crime counteraction between Russian and foreign legal sciences representatives will help concentrating the efforts and coordinating the actions domestically and internationally. Due to the high social importance of «Russian Journal of Criminology» role in solving theoretical and practical problems of crime counteraction, the Editorial Board is comprised of Russian and foreign leading scientists whose works are the basis for criminological science.