On Some Issues of Judicial Practice in Human Trafficking Cases

Human trafficking continues to be one of the serious problems of the modern world community. The authors made an attempt on the basis of a comprehensive study (legal analysis of the composition of human trafficking and the study of judicial practice) to identify problematic issues when considering cases of this category, in order to ensure uniform approaches and develop a legal position. Eighteen sentences posted in the public domain in the Judicial Cabinet service, reviewed by the country's courts from 2015 to 2022, were studied. The data of official statistics are analyzed, the latency of crimes related to human trafficking is noted. The “facets” of human trafficking as a legal phenomenon in the history of national criminal legislation are traced. As possible ways to increase the effectiveness of countering trafficking in persons, as well as bringing domestic legislation into line with international law, it is proposed to include in the dispositions of Articles 128, 135 of the Criminal Code of the Republic of Kazakhstan an indication of the methods of committing crimes, differentiate the composition of trafficking in persons and trafficking in minors depending on the nature and purpose of the actions committed, systematically summarize judicial practice in cases of about human trafficking.