ESSENTIAL ELEMENTS OF THE CRIME OF HUMAN TRAFFICKING UNDER INTERNATIONAL AND RUSSIAN CRIMINAL LAW
The paper is devoted to analysis of the problems related to the implementation of the provisions of international agreements concerning trafficking in human beings, primarily the so-called Palermo protocol to the United Nations Convention against Transnational Organised Crime, into the national penal legislation of the Russian Federation. Initially, the authors point out some terminological shortcomings and criticise mechanical transfer of the conventional provisions to the national law. Actus reus and mens rea of the offence under study are specified by applying dogmatic and comparative methods of legal research; both technical and political deficiencies in legal definition of human trafficking consequent upon the implementation process are emphasised. In conclusion, the project of legislative reform (including renaming of the offence provided in the Article 127.1 of the Russian Penal Code) is proposed, as a possible solution to the issue of adequate implementation of anti-trafficking efforts of the international community into Russian criminal law that would be in accordance with the concepts and principles of the continental law, fundamental institutions of the general part of the national penal legislation and achievements of national juridical doctrine.