The thesis provides a theoretical generalisation and a new solution to the scientific task, which consists in determining the essence and features of the administrative and legal principles of combating human trafficking in Ukraine, developing proposals and recommendations aimed at improving administrative legislation and solving a complex of urgent problems in this area, primarily in the conditions of the legal regime of martial law.
It is proven that administrative-legal counteraction to human trafficking is a set of preventive, control and coercive measures defined by the norms of administrative law, which are implemented by specially authorised entities within the limits of their competence and powers in order to prevent, detect and stop human trafficking, as well as to bring guilty persons to administrative responsibility and ensure the protection of the rights of victims.
It is argued that the features of administrative-legal counteraction to human trafficking are: firstly, it has a public-legal nature, since the mechanisms for implementing the relevant activity are regulated by the norms of administrative law, and the subjects of implementation are specially authorised state authorities; secondly, the relevant counteraction is mainly preventive in nature, since priority is given to prevention and rapid response, and not only to punishment after the crime has been committed; thirdly, the widespread use of administrative instruments, which include a number of administrative-legal forms and methods for implementing the relevant activity; fourthly, many measures are implemented without lengthy criminal proceedings (administrative resolutions, orders, control acts); fifthly, it is comprehensive and systemic in nature, and also combines legal, organisational, informational and social measures, which in turn requires cooperation of specially authorised entities at the national and international levels; sixthly, orientation towards the protection of victims – administrative measures include mechanisms for urgent assistance, temporary accommodation, social support and coordination of the transfer of cases to the relevant services (medical, psychological, social assistance).
It is concluded that the system of legal principles of activities to combat human trafficking consists of regulatory legal acts of various legal forces. These include the Constitution of Ukraine, acts at the national and international level (various conventions and declarations in the field of human rights and freedoms, combating human trafficking), codified and other acts of legislation, as well as subordinate legislation. The leading place in the system of relevant principles belongs to the norms of administrative law, because it is with the help of the latter: the administrative and legal status of subjects of counteraction to human trafficking, the strategy of the latter's activities, the foundations of their interdepartmental interaction, the procedure and conditions for using special information and telecommunication technologies for the purpose of counteraction, and the work of special institutions to assist victims of human trafficking, as well as the principles and specifics of implementing the general state policy in the specified area, are determined.
Subjects of counteraction to human trafficking include: 1) the Verkhovna Rada of Ukraine (committees of the Verkhovna Rada of Ukraine) – engaged in legislative support for counteraction to human trafficking, forming the main body of legal principles of this complex activity; 2) the Commissioner of the Verkhovna Rada of Ukraine for Human Rights – the subject of parliamentary control over the observance of human rights by all government institutions, including in the context of issues of counteraction to human trafficking; 3) the Cabinet of Ministers of Ukraine and central executive bodies – ensure the formation, implementation and implementation of state policy in the area under study; carry out secondary legislation in this area, as well as support for special information and communication technologies used within it; 4) The Ministry of Social Policy, Family and Unity of Ukraine – the national coordinator in the field of combating human trafficking, designated by the President of Ukraine; 5) local state administrations – subjects of implementation of state policy in the field of combating human trafficking at the local level within specific administrative and territorial units; 6) foreign diplomatic institutions of Ukraine and institutions for assistance to persons who have suffered from human trafficking – subjects of assistance, protection and social work with victims of human trafficking; 7) The National Police of Ukraine – a target subject of combating human trafficking, which ensures the prevention and cessation of criminal offences in this area, as well as bringing guilty persons to legal responsibility.
