THE LEGAL AND COMPARATIVE ASPECTS OF THE REPUBLIC OF MACEDONIA’S EXPERIENCE IN THE CAMPAIGN AGAINST TRAFFICKING IN HUMAN BEINGS

2008 ◽  
pp. 111-127
Author(s):  
Dragana KIPRIJANOVSKA
2021 ◽  
Vol 63 (2) ◽  
pp. 5-26
Author(s):  
Tijana Šurlan

The following work is dedicated to the consideration of the prohibition of human trafficking from the aspect of human rights. The initial thesis is that human trafficking cannot be reduced only to the criminal law aspect, but that by standardizing this prohibition within the constitutions and international treaties in the field of human rights, this institute is positioned hierarchically at the highest level of the legal order. In the first part of the paper, the legal framework is examined, primarily international law and then constitutional law. The second part analyzes the decisions of the European Court of Human Rights and the Constitutional Court of the Republic of Serbia. The analysis of courts` decisions was used as a basis for the theoretical formulation of the most important aspects of the prohibition of trafficking in human beings as a category of human rights. Special emphasis was placed on the consideration of the positive obligations of the states undertaken by the ratification of international treaties in the field of human rights and the matter of the fight against human trafficking.


Author(s):  
Oleksandr D. Kolomoyets ◽  
◽  
Irena Malinowska ◽  
Serhiy Kolomoyets ◽  
◽  
...  

The article reveals the problem of combating human trafficking as a criminal phenomenon and one of the global problems of mankind. Based on the analysis of the practice of anti-trafficking entities in Ukraine and Poland, a set of theoretical and practical issues related to the criminalization of human trafficking and legal analysis of the criminal offense under the current legislation of these countries is covered. It is noted that unlike Ukraine, which in most cases is a donor country for victims of trafficking, the Republic of Poland is a destination and transit country in this area of criminal business. The current state of human trafficking in Ukraine and Poland, the causes and conditions of this phenomenon, some determinants that lead to the commission of criminal offenses of this category in these countries are analyzed. One of the key factors has been found to be domestic violence, a particular issue that in itself needs to be addressed immediately. Therefore, an effective solution to one of the outlined problems is impossible without positive steps in solving the other. Attention is focused on the lack of definition of the term �trafficking in human beings� in the criminal law of both countries whose experience is being studied. In Ukraine, the legislator has distinguished a certain feature, in particular, in contrast to international acts, human trafficking has identified as a separate form of criminal offense, different from its main forms. The relationship between human trafficking, labour migration and domestic violence is considered, the consequences of labour migration for the social and economic sphere are analyzed; some differences for Ukraine and the Republic of Poland are identified, some statistical data and forecasts of specialists are given. In the context of the study, the concept of �social orphan hood� and its long-term impact on the crime situation and public life in the country is revealed. The activities of international organized criminal groups, including those formed in Poland and Ukraine, extend to all regions of the world and have reached a level previously inaccessible to them. The creating of sustainable channels for illegal migration and human trafficking is one of the most lucrative areas and areas of transnational organized crime in Eastern Europe. It is proposed to effectively combat these negative phenomena by developing an international strategy for joint action, to unite the efforts of law enforcement agencies and other actors in combating human trafficking in both donor and transit countries and to designate �living goods� at the regional and national levels. It is noted that attention should be paid not only to the fight against the very phenomenon of modern slavery, but also to its consequences and, most importantly, to the determinants.


2015 ◽  
Vol 3 (1) ◽  
pp. 215
Author(s):  
Armend Podvorica

Generally speaking, the organized crime is a very complex phenomenon and quite heterogenic that adapts to the various requirements of economy and political and social institutions of the countries where it emerges and operates. Subject to the criteria that are taken as basis for its classification, the criminal phenomena emerge and operate in various types of organized crime. Hence, the Republic of Kosovo has introduced punishments against the organized criminal groups and major types of crime that emerge and expand in the shape of organized crime, including smuggling of migrants and trafficking in human beings. The criminal phenomena in the form of organized crime in the modern world which appears to be very concerning and quite threatening for the whole society, is trafficking in human beings and smuggling of migrants. Therefore, it is very important to study and identify all matters which bring together and separate these two criminal phenomena, which have emerged and continue to be present in various places and countries throughout continents and that have caused fundamental political, social, economic, cultural changes, etc. The key matters to be treated are as follows: Legal Framework of Republic of Kosovo which treats and punishes the organized crime, smuggling of migrants and trafficking in human beings, including the distinct points between these two criminal offences.


2015 ◽  
Vol 1 (3) ◽  
pp. 215
Author(s):  
Armend Podvorica

Generally speaking, the organized crime is a very complex phenomenon and quite heterogenic that adapts to the various requirements of economy and political and social institutions of the countries where it emerges and operates. Subject to the criteria that are taken as basis for its classification, the criminal phenomena emerge and operate in various types of organized crime. Hence, the Republic of Kosovo has introduced punishments against the organized criminal groups and major types of crime that emerge and expand in the shape of organized crime, including smuggling of migrants and trafficking in human beings. The criminal phenomena in the form of organized crime in the modern world which appears to be very concerning and quite threatening for the whole society, is trafficking in human beings and smuggling of migrants. Therefore, it is very important to study and identify all matters which bring together and separate these two criminal phenomena, which have emerged and continue to be present in various places and countries throughout continents and that have caused fundamental political, social, economic, cultural changes, etc. The key matters to be treated are as follows: Legal Framework of Republic of Kosovo which treats and punishes the organized crime, smuggling of migrants and trafficking in human beings, including the distinct points between these two criminal offences.


2010 ◽  
Vol 7 (1) ◽  
pp. 45-60 ◽  
Author(s):  
Biljana Simeunovic-Patic ◽  
Sanja Copic

The paper reviews recent developments in the system of protection, assistance and support of victims of human trafficking in Serbia. The establishment of the Agency for Co-ordination of Protection of Victims of Trafficking in Human Beings in 2003, the issuing of the Instruction on Conditions for Obtaining Temporary Residence Permit for Foreign Citizens — Victims of Trafficking in Human Beings by the Minister of Interior in 2004, and the adoption of the Strategy to Combat Trafficking in Human Beings in the Republic of Serbia in 2006 are important steps forward. Notable improvement has been achieved in the protection of victims as injured parties/witnesses in criminal proceedings. However, despite the respectable efforts made so far, further improvements to the system and mechanisms of victim protection in Serbia are still needed, particularly in terms of developing support for and protection of child victims.


Moreana ◽  
2018 ◽  
Vol 55 (Number 209) (1) ◽  
pp. 79-93
Author(s):  
Marie-Claire Phélippeau

This paper shows how solidarity is one of the founding principles in Thomas More's Utopia (1516). In the fictional republic of Utopia described in Book II, solidarity has a political and a moral function. The principle is at the center of the communal organization of Utopian society, exemplified in a number of practices such as the sharing of farm work, the management of surplus crops, or the democratic elections of the governor and the priests. Not only does solidarity benefit the individual Utopian, but it is a prerequisite to ensure the prosperity of the island of Utopia and its moral preeminence over its neighboring countries. However, a limit to this principle is drawn when the republic of Utopia faces specific social difficulties, and also deals with the rest of the world. In order for the principle of solidarity to function perfectly, it is necessary to apply it exclusively within the island or the republic would be at risk. War is not out of the question then, and compassion does not apply to all human beings. This conception of solidarity, summed up as “Utopia first!,” could be dubbed a Machiavellian strategy, devised to ensure the durability of the republic. We will show how some of the recommendations of Realpolitik made by Machiavelli in The Prince (1532) correspond to the Utopian policy enforced to protect their commonwealth.


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