The thesis is devoted to the forensic research of the investigation of human trafficking for the purpose of labor exploitation, in particular the forensic characteristics, features of the beginning of the investigation, organizational and tactical features of conducting investigative actions and peculiarities of the use of special knowledge in the investigation of crimes of this type.
The thesis is the first in the field of domestic law research in which the peculiarities of the investigation of human trafficking for the purpose of labor exploitation are analyzed, the theoretical bases are developed and practical recommendations are given to increase the effectiveness of the pre-trial investigation bodies.
In the scientific research the author presents a number of provisions based on a broad theoretical analysis of concepts on the basis of which the following author's own definitions of concepts are made: "labor exploitation of human", " human trafficking for the purpose of labor exploitation", "person of the offender-exploiter", "victim of human trafficking for the purpose of labor exploitation", "identification of signs of committing human trafficking for the purpose of labor exploitation".
А number of classifications are proposed, namely: victims of human trafficking for the purpose of labor exploitation, ways of committing human trafficking for the purpose of labor exploitation, the identity of the offender. The research identifies the main features, types and forms of labor exploitation of human.
Based on the detailed forensic characteristics of persons who committed crimes related to human trafficking for the purpose of labor exploitation, the forensic features of the identity of the offender are given, the author's definition of this concept is provided. The author is proposed to consider the identity of the offender through a set of socio-demographic, legal and moral-psychological characteristics.
It is emphasized that the number of offender may vary depending on the specific situation and other factors, but in the investigation of human trafficking such persons as "seller" and "buyer" are required. It is also possible to engage an "intermediate" who recruits, moves, hides, transfers, or receives a victim of human trafficking.
Author focuses on the activities of transnational crime groups, that commit human trafficking, they are characterized by the following features: hierarchical structure (subordination, role distribution, resilience), corruption links (penetration into power structures to avoid punishment), working out of illegal movement.
In scientific research the detailed forensic characteristics of the victim's personality are presented, its key features, typological groups and features of victimization are established.
Particular attention is paid to the traces of human trafficking for the purpose of labor exploitation, the author's classification of them is proposed.
The situation of human trafficking is investigated through the prism of socio-economic, natural-climatic, moral and ethical factors.
The features of identifying signs of human trafficking for the purpose of labor exploitation are revealed and the forms in which it occurs are named.
The author examines a number of provisions regarding the effective investigation of human trafficking for the purpose of labor exploitation by revealing signs of a crime of this type, typical investigative situations and proposing versions, as well as reveals the peculiarities of conducting investigative actions in order to obtain evidence in accordance with the relevant procedural form.
Thus, in particular, the author thoroughly researched and revealed the peculiarities of the tactics of conducting such investigative actions in investigating human trafficking for the purpose of labor exploitation as: inspection of the place (terrain, things, documents), interrogation (witnesses, victims and suspects), simultaneous interrogation of two or more earlier interrogated persons, searches, presentations for identification.
The author also proposes to make a number of amendments to the Criminal Code of Ukraine (namely 96-3), the CPC of Ukraine (namely, Article 228, Part 1), and to the Law of Ukraine "On the Legal Status of Foreigners and Stateless Persons" (subject to the provisions of the Law of Ukraine "On Combating Human Trafficking"), which will further improve the methods of investigation of human trafficking for the purpose of labor exploitation.
