“Human trafficking is a modern form of slavery, where a person becomes a commodity for sexual exploitation, forced labor, begging or even organ harvesting. In the Criminal Code of Ukraine (CC), this offense is regulated by Article 149, which defines human trafficking as recruiting, moving, hiding, transferring or receiving a person for the purpose of exploitation, committed using deception, fraud, blackmail, vulnerable”, — write on: ua.news
Human trafficking is a modern form of slavery, where a person becomes a commodity for sexual exploitation, forced labor, begging or even organ harvesting.
In the Criminal Code of Ukraine (CC), this offense is regulated by Article 149, which defines human trafficking as recruiting, moving, hiding, transferring or receiving a person for the purpose of exploitation, committed using deception, fraud, blackmail, vulnerability, coercion or bribery. Penalties range from 3 to 15 years in prison, depending on aggravating circumstances, such as the involvement of organized groups, violence or child victims. This norm does not just criminalize the act – it protects fundamental human rights, making the consent of the victim irrelevant if to her means of influence were used.
Enshrining such a norm in Ukrainian legislation is critical for the fulfillment of international obligations. Ukraine ratified the UN Protocol to Prevent and Suppress Trafficking in Human Beings (2004) and the Council of Europe Convention on Measures to Combat Trafficking in Human Beings (2010). These documents require not only criminalization, but also effective mechanisms for investigation and protection of victims. In the context of a full-scale war with Russia, which has exacerbated the vulnerability of millions of Ukrainians – from refugees to internally displaced persons – compliance with these standards becomes a matter of national security. According to the Ministry of Social Policy family and unity of Ukraine from the beginning of 2025, 112 people received the status of victims of human trafficking, and the National Police registered 144 criminal proceedings. The war created new ones “ opportunities » for human traffickers : more than 6.5 million Ukrainians left abroad, increasing the risks of exploitation. Without adaptation of legislation to these realities, international obligations risk remaining on paper, and victims – without justice.
It was against the background of these challenges that the law appeared there are kt No. 14152 of October 24, 2025, initiated by people’s deputies headed by V. V. Zakharchenko. This document proposes to make changes and to Article 297-1 of the Criminal Procedure Code (CPC), expanding the list of crimes for which a special (in absentia) pre-trial investigation is possible. Offered Article 149 of the Criminal Code, add you to the list of offences, in case of committing which in relation to the suspect Oho , which hiding in the temporarily occupied territories of Ukraine or in the aggressor state, maybe conducted investigation without physical presence such a person . This means that the investigation will be able to continue on the basis of the decision of the investigating judge, even if the accused is declared an international wanted person and has escaped aye liability while abroad.
Key innovations: absentee investigation as a tool of inevitability of punishment
The proposed changes are simple but can have a significant impact on the course of the investigation into the facts of human trafficking : the first paragraph of the second part of Article 297-1 of the Criminal Procedure Code is supplemented with numbers “ 149 » . This allows you to apply a special pretrial investigation regarding the crime provided for in Article 149 of the Criminal Code (trafficking in human beings) along with other serious crimes such as terrorism, treason or corruption. The goal is to overcome the barriers created by the war. Yes, since the beginning of the full-scale invasion in 2022, the hiding of suspects in the occupied territories or in The Russian Federation makes it impossible to extradite and complete investigations within a reasonable time. According to the National Police, 75 proceedings under Art attey 149 KK stopped due to wanted . During 2024 only one criminal the proceedings are completed with the suspect who was in wanted Legislation there are that will contribute “ strengthening the capacity of pre-trial investigation bodies » ensuring the inevitability of punishment. This is in line with the recommendations of GRETA (Group of Experts of the Council of Europe), which in in its 2025 report noted Ukraine’s progress in victim access human trafficking to justice, but called for the adaptation of procedures to wartime conditions.
These changes are caused not only by the war, but also by global trends. The US State Department’s 2025 Trafficking in Persons Report highlights that in Ukraine, as a country of origin, transit and destination for victims, the war has increased internal exploitation – 58% of victims identified in his country (in Ukraine) . Adding Art Atty 149 CC to the list of crimes for which a special pre-trial investigation is possible, Ukraine harmonizes the legislation with the Council of Europe Convention on Measures to Combat Trafficking in Human Beings, which emphasizes effective prosecution and punishment of persons, regardless of their location.
Weaknesses: Balance between efficiency and human rights
Despite the advantages, the law there are CT is not without risks that can complicate its implementation. First, the investigation in absentia potentially violates the principle of presumption of innocence and the right to defense (Article 6 of the European Convention on Human Rights). Without the presence of the accused, it is difficult to ensure a full challenge to the evidence, which may lead to appeals such solutions in the European Court of Human Rights. War makes it even more acute: how to distinguish real hiding from the inability to appear due to occupation?
Secondly, the absence of additional guarantees. The explanatory note does not propose enhanced judicial review or mechanisms for the victim – the focus is only on the investigation. This can lead to abuse, for example, when suspects “ in absentia » are punished without sufficient evidence. The experience of applying the absentee regime in other cases (373 proceedings in 2024) shows positives, but also criticism from human rights defenders for lack of transparency.
Thirdly, financial and economic aspects: the explanatory note states that adoption of the draft law does not require additional funds from the budget, but in practice the extension of the absentee regime will require resources for international search and protection of victims. Without this, the efficiency will remain theoretical.
So, the law there are kt No. 14152 is an attempt to adapt justice to the realities of war, where human traffickers hiding behind the line the front It strengthens the fight against human trafficking, meeting international standards, but needs revisions to protect the rights of all parties. In the country where from the beginning 2025 year 112 recognized persons about victims of human trafficking, such an initiative can save lives. However, without balance, it risks becoming an instrument of hasty justice. Monitor progress draft law is worth it – it depends on whether Ukraine will become an example of stability in the fight against modern slavery.