Кримінальна відповідальність за використання малолітнього мігранта для заняття жебрацтвом: національне та міжнародне законодавство

Abstract

One of the key principles of the national foreign policy is to ensure Ukraine’s integration into the European political, economic and legal space with the aim of gaining membership in the European Union. This integration is of great importance for the development of the country, improving its economy, strengthening democracy and ensuring human rights. Ratification of international treaties and adoption of laws contribute to creating a legal basis for reforms and solving problems, in particular in the field of human trafficking. Conflict and war often lead to a significant increase in the risk of human trafficking, as they create a complex situation in which people can become vulnerable to trafficking and exploitation, which takes many forms. Therefore, the possibility of access to the labour market in European countries can really reduce the risk of their potential participation in human trafficking, while it is important to ensure adequate protection and support for refugees and migrants. According to a recent analysis by UNICEF and the United Nations Coordination Group of Agencies Against Trafficking in Persons (ICAT), 28% of identified victims of human trafficking worldwide are children. With regard to Ukraine, UNICEF’s child protection experts believe that children are likely to constitute an even greater proportion of potential victims of trafficking, 34% that they represent more than half of all refugees who have left the country to date. In the conditions of the formation of Ukraine as a legal state, the problems of child vagrancy and begging, as well as the involvement of children in anti-social and criminal activities, are particularly relevant. At the same time, the will, honour and dignity of the child, as well as his health, suffer the most. Modern society should pay more attention to the issue of protecting the child from the negative influence not only of others, but also of adults. State institutions and the public are obliged to actively develop preventive measures in order to prevent this negative phenomenon. As mentioned above, the field of crime prevention related to the use of a minor child for begging requires scientists to study not only the domestic experience of preventing such crimes, but also the analysis of effective foreign practices to overcome such a negative phenomenon as begging and the use of children for begging. According to the Office of the International Organization for Migration (IOM) – the UN Agency for Migration in Ukraine, over 30 years, about 300,000 people have suffered from human trafficking in Ukraine. The key aspects related to the use of a minor child for begging in conditions of mass forced displacement of the population are outlined in this study, as well as the basic principles of solving this problem in both national and international legislation can become directions of scientific research aimed at the formation of effective strategies. Key words: war; migration; migrant; refugees; human trafficking; criminal responsibility; minors; begging