THE USE OF A PERSON’S VULNERABLE STATE AS A FORM OF INFLUENCE ON A PERSON IS PROVIDED FOR IN ARTICLE 149 OF THE CRIMINAL CODE OF UKRAINE

Abstract

Human trafficking is one of the most pressing problems of our time. Millions of people worldwide become victims of modern forms of slavery every year, of people around the world every year. This problem is relevant today not only in Ukraine but also throughout the world. Given the danger of transnational human trafficking in modern conditions, Ukraine is taking measures to counteract this illegal international phenomenon. Trafficking in persons for the purpose of exploitation of a vulnerable condition is one of the most of the most common ways of committing this criminal offense. The paper deals with the problems of the legal definition of vulnerable state of a person. The vulnerable state of a person should be recognized in all cases where, under the circumstances of the case, his/her consent to recruitment, transfer, hiding or transfer or receipt was forced, obtained under the influence of the subjective and/or objective reasons and did not correspond to their true interests. The concept of «vulnerable state» is defined as a condition caused by physical or mental properties or external circumstances, a state of a person that deprives or restricts his/her ability to realize or control his/her actions (inaction), to make independent decisions of their own free will, to resist violent or other unlawful actions, a coincidence of severe personal, family or other circumstances. In order to establish physical characteristics that may lead to the recognition of a person as being in a vulnerable state, it is advisable to use medical knowledge, i.e. to order certain examinations. Establishing and using such a method of influence as a vulnerable state requires special attention and does not exclude the need to analyze the financial situation of the victim situation of the victim, but requires an individual approach to each person. Тhe vulnerable state of the victim is an evaluative concept and its presence is determined by the pre-trial investigation and court based on an analysis of the specific circumstances of the case.