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Draft

18 March 2003

FEDERAL LAW

On Countering Trafficking in Persons

CHAPTER I. General Provisions

Article 1. Scope of This Federal Law

This Federal Law shall establish the legal and organizational framework for the system to counter trafficking in persons in the Russian Federation, the legal status of victims of trafficking in persons, and kinds and scope of liability for trafficking in persons.

Article 2. Concepts Used in This Federal Law

The concepts used for the purposes of this Federal Law shall mean the following:

Article 3. Legislation on Countering Trafficking in Persons in the Russian Federation

The legislation on countering trafficking in persons in the Russian Federation shall be composed of the Constitution of the Russian Federation, international treaties of the Russian Federation,  this Federal Law,  and other federal laws and regulatory legal acts adopted on the basis thereof and in conformity therewith.

Article 4. Purposes of Countering Trafficking in Persons

1. Trafficking in persons in the Russian Federation shall be countered for the purposes as follows:

2. The above aims shall be achieved through the following objectives:

Article 5. Basic Principles of Countering Trafficking in Persons

Countering trafficking in persons in the Russian Federation shall stem from the following principles:

Article 6. Supervision and Control over Countering Trafficking in Persons

1. Supervision over legal compliance in countering trafficking in persons shall be conducted by the Procurator General of the Russian Federation and his subordinate procurators.

2. Control over countering trafficking in persons in the Russian Federation shall be exercised by the President of the Russian Federation, the Government of the Russian Federation, and the Ombudsmen of the Russian Federation.

CHAPTER II.  International Cooperation of the Russian Federation in Countering Trafficking in Persons

Article 7. International Cooperation of the Russian Federation in Countering Trafficking in Persons

In compliance with rules and principles of international law, the Russian Federation and its competent authorities shall cooperate on issues of countering trafficking in persons with foreign states and their competent authorities, and with the international organizations that combat trafficking in persons and assist in the protection of the rights of victims of trafficking in persons.

Article 8. Jurisdiction of the Russian Federation in Countering Trafficking in Persons

Guided by the interests of security of an individual, the public and the state, and taking into account the transnational nature of trafficking in persons, the Russian Federation, across its territory, shall prosecute any persons involved in trafficking in persons, including instances where trafficking in persons or its separate phases have been conducted outside the Russian Federation, but have inflicted damage to Russia citizens or the Russian Federation, and in other instances as provided for by international treaties of the Russian Federation.

CHAPTER III. Organizationial Framework of Countering Trafficking in Persons

Article 9. Subjects Conducting Activities to Counter Trafficking in Persons

1. The main subject providing guidance over the activities to counter trafficking in persons and ensuring all necessary means and resources shall be the Government of the Russian Federation.

2. Federal executive authorities, legislative (representative) bodies of the constituent subjects of the Russian Federation shall exercise functions of legal regulation of relations arising in the field of countering trafficking in persons.

3. Federal executive authorities, executive authorities of the constituent subjects of the Russian Federation shall organize the work of their subordinate agencies in the implementation of the legislation regulating issues of countering trafficking in persons.

4. The subjects that are to directly exercise activities to counter trafficking in persons within the limits of their competence shall include:

5. The subjects involved in the prevention, identification and suppression of trafficking in persons within the limits of their competence shall include other federal executive authorities the list of which shall be drawn by the Government of the Russian Federation.

6. In the event of liquidation, reorganization or renaming of the federal executive authorities listed herein, functions thereof relating to countering trafficking in persons shall be transferred to their legal successors.

7. For coordination of the activities of the subjects involved in countering trafficking in persons the President of the Russian Federation shall establish a Federal Interdepartmental Commission to Counter Trafficking in Persons. At the regional level, interdepartmental commissions to counter trafficking in persons (regional commissions henceforth) can be set up in accordance with the procedure prescribed by the law of the constituent subject of the Russian Federation.

Article 10.  The Federal Interdepartmental Commission to Counter Trafficking in Persons

1. The Procedure for forming the Federal Interdepartmental Commission to Counter Trafficking in Persons (hereinafter the Federal Commission) and the activity thereof pursuant to this Federal Law shall be determined by the Regulations On the Federal Interdepartmental Commission to Counter Trafficking in Persons approved by the President of the Russian Federation.

2. The Federal Commission shall pursue the following objectives:

3. The Federal Commission shall comprise, as equitable members, representatives of non-governmental organizations and international organizations that have their representative offices in the Russian Federation working to counter trafficking in persons.

4. The Federal Commission shall have the status of a legal entity.

Article 11.  Competence of Subjects that Conduct Activities to Counter Trafficking in Persons

1. The subjects that are involved in countering trafficking in persons shall be guided in the activity thereof by this Federal Law, other federal laws, universally recognized principles and norms of the international law, international treaties of the Russian Federation and regulatory legal acts issued on the basis thereof (including interdepartmental ones) that regulate such activities.

2. The Ministry of the Interior of the Russian Federation and its territorial agencies shall counter trafficking in persons through prevention, identification and suppression of offence relating to trafficking in persons, and shall, through prevention, identification and suppression of international activities relating to trafficking in persons and pursuant to the law of criminal procedure, conduct preliminary investigation in criminal cases relating to such offences.

3. The Ministry for Foreign Affairs of the Russian Federation, diplomatic representative and consulate offices of the Russian Federation shall conduct their activities to protect the rights and interests of the Russian citizens who have become victims of trafficking in persons and are stationed outside the Russian Federation.

4. The Federal Security Service of the Russian Federation and its territorial agencies shall counter trafficking in persons through identification of connections of international terrorist organizations and organized criminal groups with human traffickers; preliminary investigations in criminal cases related to trafficking in persons as conducted by international organized criminal groups, shall counter trafficking in persons by means of prevention, identification and suppression of attempts to cross the state border of the Russian Federation by human traffickers, and illicit movement across the state border of the Russian Federation of victims of trafficking in persons

5. The State Customs Committee of the Russian Federation shall perform actions to identify and suppress any attempts by human traffickers to cross the state border of the Russian Federation, and illegally move victims of trafficking in persons across the state border of the Russian Federation.

6. The Ministry of Labor and Social Development shall draw up proposals on providing assistance to victims of trafficking in persons and maintenance of special institutions to be incorporated in the federal program of assistance to victims of trafficking in persons and maintenance of special institutions.

7. The Ministry of Education of the Russian Federation shall develop training programs for the officials authorized to prevent and counteract trafficking in persons, and shall incorporate in the relevant arts and humanities curricula the sections that focus on issues of modern slavery, principles of countering trafficking in persons, and fundamental principles of the anti-trafficking laws.

8. The Healthcare Ministry of the Russian Federation shall develop a program of medical, including psychiatric, help to victims of trafficking in persons and medical supplies to special institutions.

9. The  Department of the Procurator General of the Russian Federation, within the limits of its competence, shall implement measures to prevent trafficking in persons; pursuant to the criminal procedures laws of the Russian Federation, it shall conduct preliminary investigation; supervise the investigation in criminal cases relating to trafficking in persons; press charges of the public prosecution in courts in such cases, and adopt other measures in compliance with the legislation of the Russian Federation.

10. The funds necessary for performing the functions to counter trafficking in persons shall be provided for by the appropriate Articles of the federal law on the federal budget for the current year which shall establish the volume of funding for the respective executive power body

Article 12. Main Functions of the Subjects that are to be Involved in Countering Trafficking In Persons

The federal executive authorities as listed in Article 8 above, and their territorial agencies shall be involved in the activities to counter trafficking in persons within the limits of their competence through elaboration and implementation of preventive, security, organizational, informational, educational and other measures to prevent, identify and suppress trafficking in persons.  The procedures for the provision of material, technical and financial means, information, transportation vehicles and means of communication, medical equipment and medication to the Federal Commission and specialized institutions providing aid to persons victimized by human trafficking shall be formulated by the Government of the Russian Federation.

Article 13. Assisting the Authorities that are to Counter Trafficking in Persons

1. Executive authorities of the constituent subjects of the Russian Federation, local self-government bodies, public associations and non-governmental organizations, and executive officials must assist the authorities that counter trafficking in persons.

2. Communicating by citizens to law enforcement agencies any information which has become known to them as relating to trafficking in persons, or any other circumstances that may help prevent, identify and suppress trafficking in persons, and to minimize its consequences, shall be the civic duty of every citizen. In the event of concealment, which has not been promised earlier, of a particularly grave offence the culpable person shall be subject to punishment pursuant to the effective criminal laws of the Russian Federation.

CHAPTER IV. Grounds for and Scope of Liability for Activity relating to Trafficking in Persons

Article 14. Liability for Organization and Performance of Trafficking in Persons

1. Persons participating in the organization and conduct of trafficking in persons shall be prosecuted under the laws of the Russian Federation.

2. Any person, who has committed at least one of the acts that constitute the concept of trafficking in persons as provided for herein, shall be brought to account for trafficking in persons under the laws of the Russian Federation.

3. Persons who have committed two or more offences relating to trafficking in persons shall be subject to higher liability.

4. The conduct of a victim of trafficking in persons manifested in the unwillingness or impossibility to alter his/her anti-social behavior relating to trafficking in persons shall not exempt human trafficking from their liability under the laws of the Russian Federation or shall not be treated as circumstances mitigating the guilt of human traffickers.

5. A victim of trafficking in persons shall not be  brought to account for an administrative offence, provided such offence has been committed by this person by virtue of circumstances provoked by the human traffickers. The ruling on the criminal liability of a victim of trafficking in persons for any harm inflicted to the interests protected by the criminal law as a result of coercion by the human trafficker shall be made pursuant to the Criminal Code of the Russian Federation.

Article 15. Specifics of Criminal and Civil Procedures in Cases of Trafficking in Persons

Cases of offences relating to trafficking in persons, and also cases of compensation of harm inflicted to victims of trafficking in persons can be examined in camera by court in compliance with all the rules of court proceedings.

Article 16. Liability of an Organization, which is a Legal Entity, for Trafficking in Persons

1. Should the court have established the fact of trafficking in persons via an organization with a status of a legal entity which has been licensed to conduct some activity that was knowingly used as a front for trafficking in persons, such legal entity shall be subject to liquidation following a court ruling.

2. In the event the court deems an international organization (its branch, subsidiary or representative office), which has been registered outside the Russian Federation, as having been knowingly involved in trafficking in persons, the activity of such international organization in the territory of the Russian Federation shall be prohibited, and its Russian-based branch (subsidiary or representative office) liquidated.

3. The property of an organization with a status of a legal entity, an international organization (branch, subsidiary or representative office) as provided for in paragraphs 1 and 2 of this Article, which is stationed in the territory of the Russian Federation shall be confiscated and taken as proceeds of the state.

4. A motion seeking liability of an organization with a status of a legal entity, an international organization (its Russian branch, subsidiary or representative office thereof) for involvement in trafficking in persons shall be filed in court by the Procurator General of the Russian Federation or his subordinate procurators.

5. The proceeds received from the sales of property confiscated in conformity with part three of this Article shall be directed

CHAPTER V. Subjects of Liability for and Forms of Trafficking in Persons

Article17. Subject of Liability for Trafficking in Persons

1. Any persons, who have recruited, transported, transferred, harbored for purposes of exploitation or else are generating any form of income from the exploitation of the victim of trafficking in persons shall be deemed co-perpetrators in trafficking in persons.

2. Any persons who have organized or directed acts of trafficking in persons, or else persons who have set up an organized group or a criminal association for purposes of trafficking in persons, and also any persons who assist trafficking in persons with advice, directions, information or by means of elimination of obstacles shall be deemed accessories to trafficking in persons.

Article 18. Criteria For the Qualification of Some Specific Act as Trafficking In Persons

1. The criteria for the qualification of some specific act as trafficking in persons shall be intent and lucrative motives in the performance of actions that violate human rights, specifically:

2. The consent of a victim of trafficking in persons with regard to forms of exploitation shall not be taken into account when qualifying some specific act as trafficking in persons whenever any of the forms of exploitation have been applied.

Article 19. Classification of Forms of Trafficking in Persons Depending on the Form of Criminal Exploitation

1. The form of trafficking in persons shall be directly dependent on the form of criminal exploitation as applied to the victim of trafficking in persons.

2. Depending on the method of compulsion of a victim of trafficking in persons, criminal exploitation may have the following forms:

3. Depending on the substance of the activity by the victim of trafficking in persons, criminal exploitation may have the following forms:

Article 20. Circumstances of Trafficking in Persons that Constitute Increased Public Danger

Trafficking in persons shall constitute increased public danger, provided:

CHAPTER VI. Prevention of Trafficking in Persons

Article 21. Organization of Prevention of Trafficking in Persons

1. The activities to prevent trafficking in persons shall be organized and coordinated by the Federal Commission in compliance with the federal program approved by the Government of the Russian Federation.

2. The system of preventive measures against trafficking in persons shall comprise:

Article 22. Increasing Efficiency of Acquisition of Information on Issues of Trafficking in Persons

1. Information about trafficking in persons, including data on registered cases of trafficking in persons, human traffickers, victims of trafficking in persons, and circumstances of trafficking in persons shall be forwarded to the Federal Commission for generalization and analysis.

2. The Federal Commission shall present an annual report on the activities to counter trafficking in persons in the Russian Federation to the President of the Russian Federation, the Federation Council of the Russian Federal Assembly,  the State Duma of the Russian Federal Assembly, the Government of the Russian Federation and to the Human Rights Ombudsmen in the Russian Federation.

CHAPTER VII. Special Institutions that Work to Counter Trafficking in Persons

Article 23. Special Institutions that Work to Counter Trafficking in Persons

1. For purposes of offering protection and assistance to victims of trafficking in persons in full compliance with their fundamental rights in the Russian Federation, the following special institutions shall be established:

2. Relevant federal executive authorities, executive authorities of the constituent subjects of the Russian Federation and bodies of local self-government shall allocate from the budgets thereof certain funds necessary to set up and operate special institutions as listed in paragraph 1 of this Article, in conformity with the federal law, laws of the constituent subjects of the Russian Federation and other regulatory legal acts.

Article 24. Asylums for Temporary Accommodation of Victims of Trafficking in Persons

1. Asylums for temporary accommodation of victims of trafficking in persons (asylums henceforth) shall be established in the form of state and municipal institutions to offer civilized conditions of housing and personal hygiene to victims of trafficking in persons, offer food and medication to the persons accommodated by the asylum, provide them with urgent medical, psychiatric, psycho-therapeutic, social, legal or other aid, secure protection, and help establish contacts with relatives of such persons.

2. The asylums shall be established:

3. An asylum shall be offered to a person who considers himself/herself a victim of trafficking in persons, at his/her personal request, for a period of ten days, irrespective of the conduct of such person or such person’s readiness to testify against human traffickers.

4. The time for offering an asylum, as provided for in paragraph three of this Article, can be extended to cover the entire term of proceedings in the case as recommended by the regional commission, investigative authorities or court, or following  a reasoned request of the person victimized by trafficking in persons.

5. The rules for the establishment of asylums, procedures for the operation thereof, administration, norms for funding,  organization of supervision over the activities thereof shall be set forth by the Government of the Russian Federation pursuant to this Federal Law.

Article 25. Support and Assistance Centers for Victims of Trafficking in Persons

1. Support and assistance centers for victims of trafficking in persons (centers henceforth) can be established by regional commissions with the consent of the executive authorities of the constituent subjects of the Russian Federation.

2. Such centers shall perform the following key functions:

3. The funding of the activities of the center shall be provided by the founder (founders) thereof.

Article 26. Cooperation with Public Associations and Non-governmental Organizations

1. Whenever asylums or centers as provided for by Articles 24 and 25 above are established, the federal commission and regional commissions shall be obliged to invite for cooperation public associations and non-governmental organizations working in the area of countering trafficking in persons.

2. The Federal Commission and regional commissions shall be obliged to offer organizational, material and other assistance in the activities of non-governmental organizations aiming to prevent trafficking in persons and help victims of trafficking in persons.

3. Financial support may be granted to a public association or a non-governmental organization with the funds allocated from the federal budget, if in accordance with an open tender which was held, the program of events and measures to counter trafficking in persons or to create an asylum or a center proposed by the public association or non-governmental organization has been included into the federal program to counter trafficking in persons or other federal programs.

CHAPTER VIII. Social Rehabilitation and Protection of Victims of Trafficking in Persons

Article 27. Social Rehabilitation of the Victims of Trafficking in Persons

1. Social rehabilitation of victims of trafficking in persons shall be provided to help return them to the normal way of life, and shall include legal support to the above persons, their psychological, medical, professional rehabilitation, employment and housing.

2. Social rehabilitation of victims of trafficking in persons shall be funded with the appropriations from the federal budget and appropriations from the budget of the constituent subject of the Russian Federation where the act of trafficking in persons has been committed.

3. The procedure for social rehabilitation to the victims of trafficking in persons shall be defined pursuant hereto by the Government of the Russian Federation.

Article 28. Rendering Assistance and Support to Victims of Trafficking in Persons

1. Victims of trafficking in persons, upon a reasoned request of the agencies conducting operative and detective activities, the inquiry officer, investigator, procurator or court, shall be offered assistance by the executive authorities, the Federal Commission, regional commissions, centers and asylums in line with their competence and in compliance with this Federal Law and other regulatory legal acts.

2. Subject to the resolution of an agency conducting operative and detective activities, the inquiry officer, investigator, procurator or court, access to identity data about the victim of trafficking in persons shall be closed to query services or information resources.

3. It shall not be allowed to disseminate information about victims of trafficking in persons or circumstances of trafficking in persons that may endanger life or health of a person who has become victim of trafficking in persons or his/her close relatives, or about persons who assist countering trafficking in persons.

4. In the event that the life and health of a victim of trafficking in persons is threatened by a real danger, subject to the ruling of the court, procurator, investigator, inquiry officer or an agency conducting operative and detective activities, at the choice of such person he may be given an opportunity to have his name, day and place of birth changed pursuant to the Federal Law “On Statutory Registration of Acts of Civil Status.”

5. The disclosure of the security measures and confidential information about victims of trafficking in persons, same as the disclosure of data of the pre-trial investigation and security measures taken with regard to participants in the criminal proceedings, shall be prosecuted in compliance with the criminal legislation of the of Russian Federation.

6. Officials of the executive authorities and workers of public associations and non-governmental organizations involved in counter-trafficking shall be liable under Russian laws for any disclosure of confidential information about the victims of trafficking in persons or failure to provide assistance to such persons.

Article 29. Duties of Diplomatic Representative and Consulate Offices of the Russian Federation in Offering Assistance and Protection to Victims of Trafficking in Persons

1. Diplomatic representative and consulate offices of the Russian Federation outside the Russian Federation shall work to protect rights and interests of Russian citizens who have become victims of trafficking in persons in the country of stay, and shall assist in their return to the Russian Federation, in compliance with the powers thereof and laws of the host country.

2. In the event of loss or impossibility to seize from the human traffickers the documents proving the identity of any Russian citizens who have become victims of trafficking in persons, the consulate offices of the Russian Federation, together with the executive authorities of the Russian Federation in charge of interior affairs shall execute and issue to such citizens, within a shorter time, the documents that give them the right to return to the Russian Federation.

3. In compliance with the federal laws and laws of the host country, diplomatic representative and consulate officers of the Russian Federation must provide information about the anti-trafficking legislation of the Russian Federation to the relevant executive authorities of the host country, and disseminate information about the rights of victims of trafficking in persons to relevant persons.

Article 30. Providing Help to Child Victims of Trafficking in Persons

1. In the event children who are victims of trafficking in persons are provided assistance, all measures should be taken in the best interests of the child and pursuant to the UN Convention On the Rights of the Child.

2. The Federal Commission, regional commissions, asylums and centers must immediately notify executive authorities of the constituent subjects of the Russian Federation in charge of the issues of care and guardianship should they get any information about a child victim of trafficking in persons, to ensure and protect the child’s rights pursuant to federal laws and laws of the subjects of the Russian Federation.

3. In the event child victims of trafficking in persons have been placed in an asylum, they should be accommodated separately from adults.

4. Child victims of trafficking in persons must be provided with an opportunity to attend state educational establishments in compliance with the federal law on education.

5. In the event a child victim of trafficking in persons has been left without care of his/her parents or is oblivious of the location of his/her family, measures shall be taken to find the family of the child or else to establish guardianship or trusteeship in compliance with the federal law.

Article 31. State Guarantees Provided to Victims of Trafficking In Persons

1. The court, procurator, investigator, inquiry agency and inquiry officer shall take security measures as provided for by the Code of Criminal Procedure of the Russian Federation with respect to the victim of trafficking in persons who has expressed his/her willingness to cooperate with investigative and inquiry agencies to help locate persons suspected in trafficking in persons.

2. In the event a foreign citizen or a stateless person has been recognized the victim under the effective laws of criminal procedure, is a witness in a criminal case or assists agencies conducting operative and detective activities, upon a reasoned motion of the court, procurator, investigator, inquiry officer or agencies conducting operative and detective activities, such persons shall not be subjected to deportation until such time when a ruling has been made on the criminal case with respect to the persons found guilty in trafficking in persons, and the victim of trafficking in persons should be given a right of temporary stay in the Russian Federation irrespective of the circumstances of such person’s entry into the Russian Federation. With respect to such person, upon a reasoned motion of the respective agency, there shall be terminated the execution of the ruling to impose administrative sanctions for the violations relating to trafficking in persons, if the fact of trafficking in persons served to initiate the criminal case and  a victim of trafficking in persons was deemed either an injured party, or a person assisting the agencies conducting the operative and detective activities to identify facts of trafficking in persons and locating traffickers in persons.

3. The Ministry of the Interior of the Russian Federation or its territorial agencies, pursuant to the Federal Law “On the Legal Status of Foreign Citizens in the Russian Federation,” shall execute and issue, without regard to the duration of stay, a Russian residence permit to a foreign citizen or stateless person who is a victim of trafficking in persons and assisted investigative and inquiry agencies to help expose the person(s) accused of trafficking in persons.

4. The procedures for the issuance of Russian residential permits described in paragraph two of this Article shall not apply to  a foreign citizen or stateless person who is a victim of trafficking in persons but who has no identity papers and has refused to cooperate with competent authorities to help them establish his/her identity.

5. The assistance and security measures as stipulated in paragraph one above may be terminated on the following grounds:

CHAPTER IX. Amendments and Amplifications to be Incorporated into the Legal Acts of the Russian Federation in connection with this Federal Law

Article 32. Amendments and Amplifications to the Criminal Code of the Russian Federation

The Criminal Code of the Russian Federation (Code of laws of the Russian Federation, 1996, No 26, Art. 3012; 1999 No 28, Art. 3489; 2002, No 30, Art. 3029) shall be amended as follows:

1.Article 61 shall be amplified with paragraph four as follows:

“4. The conduct of the victim of trafficking in persons that persists in the antisocial way of life may not be recognized as a circumstance mitigating the punishment for the person found guilty of trafficking in persons.”

Articles 127-1, 127-2, 127-3, 127-4, 127-5, 127-6, and 127-7 shall be amplified as follows:

Article 127-1. Trafficking In Persons

1. The activity aimed at exploitation of a human being by means of recruitment, transportation, transfer, receipt, harboring, extortion, blackmail, fraud, abuse of the conditions of vulnerability of the victim, corruption in the form of payments, benefits, and also abuse of trust or deception of the person upon whom the victim is dependent, -

shall be punishable with a fine in the amount of fifty thousand to one hundred and fifty thousand rubles, or the wages or other income of the accused covering a period of six months to one year, or by correctional work for a term of one to two years, or by restraint of liberty for a term of up to three years, or imprisonment for a term of two to six years.

2. The same acts if committed:

shall be punishable with a fine of at least two hundred and fifty thousand rubles or equivalent to the wages or other income of the accused covering a period of three to five years, and/or by imprisonment for a term of five to ten years.

3. Acts specified in paragraphs one and two herein, if:

shall be punishable by imprisonment for a term of eight to twenty years or for life.

Note: 1. A person who has committed an act as specified in paragraphs one and two herein, and has voluntarily released a victim of trafficking in persons or assisted in the exposure of the offence committed, shall be exempt from criminal liability, provided his acts do not constitute elements of another offence.

2. A victim of trafficking in persons shall be deemed a person who has been recruited, transported, transferred, sold or held by the means specified in paragraph one of this Article.

Article 172-2. Disclosure of Confidential Information about a Victim of Trafficking in Persons

1. Disclosure of information that constitutes confidential information about a victim of trafficking in persons –

shall be punishable with a fine in the amount of fifty thousand to one hundred and fifty thousand rubles, or the wages or other income of the accused covering a period of three to five months, or by correctional work for a term of six months to one year.

2. The same act, if committed by a person in his office duty or through abuse of power,-

shall be punishable with a fine in the amount of one hundred thousand to two hundred and fifty thousand rubles, or the wages or other income of the accused covering a period of five to twelve months, or by arrest for a term of three to six months, or restraint of liberty for up to two years, or imprisonment for the same term, along with the deprivation of the right to hold certain offices or engage in certain activities.

3. The same act causing grievous harm to the victim of trafficking in persons,

shall be punishable with a fine in the amount of two hundred and fifty thousand to five hundred thousand rubles, or the wages or other income of the accused covering a period of three to five years, or imprisonment for a term of two to six years.

Article 127-3. Use of Slave Labor

The use of a human being in the sphere of production, services or another sphere under the conditions of subjection or under the threat of force with regards to himself or his kin; of blackmail, criminal punishment, deportation from the country of residence or institution of such conditions where the victim for reasons beyond his/her control cannot refuse the work (services),-

shall be punishable with a fine in the amount of one hundred thousand to two hundred and fifty thousand rubles, or the wages or other income of the accused covering a period of five to one year, or by correctional work for a term of one to two years, or restraint of liberty for a term of up to three years, or imprisonment for a term of two to five years.

Article 127-4. Debt Bondage

Involving a person in a debt bondage, i.e. a position or state resulting  from the debtor’s pledging his/her own labor, or that of any person dependent on him/her, provided the duly determined value of the work done is not credited against the repayment of the debt, or the length of such work is not limited to any period, or its nature is not specified, -

shall be punishable with a fine in the amount of fifty thousand to one hundred and fifty thousand rubles, or the wages or other income of the accused covering a period of three to five months, or by correctional work for a term of six months to one year, or imprisonment for the same term.

Article 127-5. Illegal Actions Involving Documents for Purposes of Trafficking in Persons

Willful destruction, concealment, withdrawal of any document that certifies the identity of the victim of trafficking in persons for purposes of further exploitation of such victim, -

shall be punishable with a fine in the amount of one hundred thousand to two hundred and fifty thousand rubles, or the wages or other income of the accused covering a period of five to one year, or by arrest for a term of three to six months, or restraint of liberty for up to two years, or imprisonment for the same term, along with the deprivation of the right to hold certain offices or engage in certain activities for the term from six months to three years.

Article 127-6. Recruitment of Persons for Exploitation

1. The recruitment of any person for purposes of coercing such persons into sexual practices or other exploitation committed by means of deception or abuse of trust, -

shall be punishable with a fine in the amount of one hundred thousand to two hundred and fifty thousand rubles, or the wages or other income of the accused covering a period of one year to three years, or correctional work for a term of one to two years, or restraint of liberty for a term of up to three years, or imprisonment for a term of two to five years.

2. The same act, committed by a group of persons in prior agreement, or by an organized group, -

shall be punishable with a fine in the amount exceeding two hundred and fifty thousand rubles, or the wages or other income of the accused covering a period of three to five years, or by imprisonment for a term of five to fifteen years.

Article 127-7. Falsification, Production or Marketing of Forged Documents for Purposes of Trafficking in Persons

1. Falsification, production or marketing of any identity document, migration card, invitation to enter the Russian Federation, visa, work permit, Russian residence permit or any other documents needed to enter the Russian Federation or leave the Russian Federation, for purposes of trafficking in persons, -

shall be punishable with a fine in the amount of one hundred thousand to two hundred and fifty thousand rubles, or the wages or other income of the accused covering a period of five to twelve months, or by arrest for a term of three to six months, or restraint of liberty for up to two years, or imprisonment for the same term.

2. The same action if committed:

shall be punishable with a fine of at least two hundred and fifty thousand rubles, or the equivalent of the wages or other income of the accused covering a period of three to five years, and/or imprisonment for a term of five to ten years, along with the deprivation of the right to hold certain offices or engage in certain activities for the term from six months to one year”.

3. Article 133 shall be amplified with a note as follows:

Note: Blackmailing is coercing a victim of trafficking in persons into any acts under a threat of violence, or injury, or destruction of property of such victim or his/her family, or under a threat to disseminate any defamatory evidence about himself/herself or his/her family, or any other information that could cause significant harm to the rights or legal interests or such victim or his/her family.”

4. Article 152 shall be worded as follows:

“Article 152. Trafficking in Minors

1. Trafficking in minors, -

shall be punishable with a fine in the amount of one hundred thousand to two hundred and fifty thousand rubles, or the wages or other income of the accused covering a period of one year to three years, or imprisonment for a term of five to ten years.

2. The same acts, if committed:

shall be punishable with a fine of at least two hundred and fifty thousand rubles, or an equivalent of the wages or other income of the accused covering a period of three to five years, or imprisonment for a term of eight to fifteen years.

3. The acts specified in paragraphs one and two hereof:

shall be punishable by imprisonment for a term of ten to twenty years, or for life.”

5. Article 240 shall be worded as follows:

“Article 240. Involving in Prostitution

1. Involving in prostitution for the purpose of deriving income, for lucrative motives or other personal interest,-

shall be punishable by a fine from one hundred  thousand to two hundred fifty thousand rubles, or wages or any other income of the accused for the period from five months to one year, or arrest for the term from three to six months, or imprisonment for the term of up to two years, or imprisonment for the same term.

2. The same act committed

shall be punishable with a fine in the amount from one hundred thousand to two hundred fifty thousand rubles, or wages or any other income of the accused for the period from one year to three years, or correctional work for the term from one year to two years, or restriction of liberty for the term of up to three years, or imprisonment for the term from three to six years.”

6. Article 240-1 of the following content should be added:

“Article 240-1. Assisting in Engagement in Prostitution”

1. Assisting in engagement in prostitution which was manifested in either financing or material maintenance of prostitutes, providing them with premises for engagement in prostitution, means of transportation, means of communication and other property for engagement in prostitution, providing security guards for the person engaged in prostitution, creating conditions for receipt, safekeeping and division of proceeds received from engagement in prostitution, and receiving income from prostitution, if such income is related to the engagement of another person in prostitution,-

shall be punishable with a fine in the amount from fifty thousand to hundred and fifty thousand rubles, or wages, or other income of the convicted for the period from six months to a year, or correctional work for the term from one year to two years, or imprisonment for the term of up to three years.

2. Exercising functions to direct an organized group which receives proceeds from engagement in prostitution, if such proceeds relate to the engagement of another person in prostitution, or to create an alliance of organizers, heads or other representatives of organized groups for the purpose of ensuring the organized prostitution activity,-

shall be punished by imprisonment for the term from tree to five years.

3. An act provided for by paragraphs one and two of this Article which is committed by a person with the use of the official position thereof,-

shall be punishable by imprisonment for the term form three to seven years and deprivation of the right to hold certain positions or engage in certain activities for the term from one year to three years.

Note: Organized prostitution in this Article shall be deemed engagement in prostitution exercised with the assistance of a person who receives proceeds from engagement in prostitution by another person, or [prostitution] directed by a group of persons organized in prior agreement for the purpose of deriving profit from the above activity, on the basis of distribution among the members of the said group of directing, managerial and other functions.

Article 33. Amendments to the Criminal Procedure Code of the Russian Federation

The Criminal Procedure Code of the Russian Federation (Code of Laws of the Russian Federation, 2991, No 52, Art. 4921; No 23, Art. 2027; 2002, No 30, Art. 3015) shall be amplified as follows:

2. [sic. -1?] Article 31

the first paragraph after the words “109” shall be amplified with the words “172-2 paragraphs one and two, 127-4, 127-5, 127-7 paragraph one”, following the words “239” shall be amplified with the words “240-1 paragraphs one and three”;

in subparagraph three of part three following the words “126 paragraph three” shall be amplified with the words “127-1, 127-6 part two”, the words “152 paragraph three” shall be replaced by the words “152”

Article 151, item three of paragraph two, following the word “124” shall be amplified as follows: “127-1 – 127-7.”

following the words “236” shall be amplified with the words “240-240-1”;

the words “240 paragraph two” shall be deleted.

Article 34. Amendments to the Administrative Code of the Russian Federation

The Administrative Code of the Russian Federation (Code of Laws of the Russian Federation, 2001, #1, art.1) shall be amended as follows:

1. Article 3.10 shall be amplified with paragraph three as follows:

“3. Administrative expulsion from the Russian Federation of any foreign citizens or stateless persons may not apply whenever a foreign citizen or a stateless person is a victim of trafficking in persons under the federal law.”

2. Article 6.12 shall be deleted from the law.

3. In Article 18.10:

4. Article 18.13, following words “stipulated by the license,” shall be amplified as follows: “provided there are no elements of trafficking in persons.”

5. Article 19.15, following words “at the place of residence,” shall be amplified as follows: “provided this person is not a victim of trafficking in persons under the federal law.”

6. Article 24.5 shall be amplified with subparagraph nine as follows:

“(9) recognizing an individual, who is subject to a pending administrative offence procedure under Articles 18.8 and 19.15 of this Code, a victim of trafficking in persons under the federal law.”

Article 35. Amendments to the Federal Law “On the Legal Status of Foreign Citizens in the Russian Federation”

The Federal Law of the Russian Federation of 25 July 2002, No 115-FZ, “On the Legal Status of Foreign Citizens in the Russian Federation” (Code of Laws of the Russian Federation, 2002, No 30, Art. 3032) shall be amended as follows:

1. Article 31, paragraph one, shall be amplified with words: “except such cases when a foreign citizen is a victim of trafficking in persons under the federal law.”

2. Article 34, part one, shall be amplified with a paragraph as follows:

“No administrative expulsion from the Russian Federation shall apply to a foreign citizen if such foreign citizen is a victim of trafficking in persons under the federal law.”

Article 36. Amendments to the Federal law “On Operative and Detective Activities”

The Federal Law “On operative and detective activities” of 12 August 1995, No 144-FZ (Code of Laws of the Russian Federation) shall be amplified as follows:

Article 6, paragraph one, shall be amplified with item 15 as follows:

“15. Controlled recruitment.”

Article 37. Amendments to the Federal Law “On Licensing Certain Kinds of Activity”

The Federal Law “On Licensing Certain Kinds of Activity” of 8 August 2001, No 128-FZ (Code of Laws of the Russian Federation, 2001, 2002) shall be amplified as follows:

Article 17, paragraph one, shall be amplified as follows:

“activities promoting organization and functioning of specialized establishments to rehabilitate victims of trafficking in persons.”

Article 38. Amendments to the Federal Law “On the Fundamental Principles of Public Social Care in the Russian Federation”

The Federal Law “On the Fundamental Principles of Public Social Care in the Russian Federation” of 10 December 1995, No 195-FZ (Code of Laws of the Russian Federation, 1995, No 50, Art. 4872; 2002, No 30, Art. 3032) shall be amended as follows:

1. Article Three, paragraph four, following words “cruel treatment in the family,” shall be amplified as follows: “exploitation and conditions similar to slavery.”

2. Article Three, following the words “natural disasters,” shall be amplified as follows: “who became victims of trafficking in persons.”

3. Article 16, paragraph one, item two, shall be amplified with words “trafficking in persons.”

CHAPTER XI. Final Provisions

Article 39. Bringing Regulatory Legal Acts in line with this Federal Law

1. Recommend to the President of the Russian Federation and instruct the Government of the Russian Federation, that they should. within three months of the day of the official publication of this Federal Law, bring their regulatory legal acts in compliance with this Federal Law. It is recommended that the Government of the Russian Federation should conduct negotiations with the governments of the states that represent countries of origin, transit or destination in the cases of trafficking in persons, to conclude or revise intergovernmental agreements designed to suppress trafficking in persons and provide conditions allowing help to victims of trafficking in persons.

Article 40. Entry into force

1. This Federal Law shall enter in effect upon the expiry of six months since the date of its official publication.

2. Articles 27 and 28 herein shall enter into effect from the date of the enactment of the Federal Law On the Budget of the Russian Federation for the current year providing for the allocation of funds from the federal budget to exercise programs stimulated for by the above Articles.

President

of the Russian Federation