In the modern world, the highest value is recognized as a person’s life, his health and rights, which every state undertakes to protect and observe. That is why all crimes against the person require a thorough analysis, they are located in the first chapter of the first section of the Special Part of the Criminal Code of Russia, this indicates the public danger of such acts. The exploitation of man by man is covered by several corpus delicti, which will be discussed in this article.
Definition of operation
In a general sense, exploitation is understood as the use of an object, an object of the material world, or a living creature to profit for itself. The concept of human exploitation comes down to the ability of one person to use another for personal enrichment or for satisfying needs. This is a consequence of inequality in society and conflict situations that cause stratification of the population.
Throughout world history, the process of exploitation has haunted people. The first form was slavery, when the owner used the labor of slaves, for example, such a practice was observed in ancient Egypt. This example most clearly illustrates the exploitation of man by the state in the person of the pharaoh. He was replaced by a feudal society in which the feudal lord or landowner benefited from the work of serfs. Further capitalist society developed, in which the capitalist used the labor of the wage worker, selling his strength and abilities.
What types of exploitation exist?
Despite the fact that numerous conventions and declarations at the international level prohibit any type of exploitation, scientists point to the fact of its existence and highlight forms. These forms may include not only the exploitation of man by man, but also by the state and enterprises. These are general formal representations of thinkers.
- Forced labor means the performance of work by a person under the threat of violence or punishment of a different kind and type. Often this type of work is not paid, people work for housing and food. Examples are prostitution when a girl does not want to engage in this activity, using abducted people as slaves, forcing convicts to work outside the law.
- Serfdom in a modern form. The principle of such exploitation of man by man does not differ from the form of the past. The essence boils down to the obligation to cultivate the land of another by virtue of a custom or normative act. In Russia, official statistics do not record examples of this form.
- Debentures. As it turns out, not only documents or property can be pledged, but also a person - either the borrower himself or his relative. This is the most common example of human exploitation by man. Workers' labor is not subject to payment; its cost goes to the loan account with interest. The legal status of workers is not governed by legal norms, and this form is prohibited in labor law, but in practice it exists.
- Child slavery is a separate species, because it is a dangerous form that involves children aged 5 to 17 years. According to official UN data, 250 million children are employed annually. The worst thing is that this type of crime is found in absolutely all states, regardless of the degree of their economic condition and development. Somewhere it is observed more, somewhere less, but the fact of availability is everywhere. An example of human exploitation by man in this case is child prostitution, pornography, the use of children as slaves, the sale of children in order to obtain their organs or for other purposes. Currently, a whole mechanism for the protection of children is being created and developed at the international level.
- Selling women and marriages without their consent. This form is becoming most popular in territories with armed conflicts. It is often associated with religious considerations when women are gifted, exchanged, or used as concubines. Selling brides by mail can be distributed on the Internet, where they advertise girls' readiness to marry, but their consent is not asked. Buyers are often Asian men.
We see that the forms of human exploitation can be very diverse, sometimes a person does not even understand that they are using it, this happens to foreign citizens. Regardless of the variety, the essence of the phenomenon is reduced to the violation of all human rights, and persons who engage in such activities are subject to prosecution and punishment.
Forms of operation under the Criminal Code of the Russian Federation
The current criminal law in Russia provides for several offenses that illustrate forms of human exploitation. First, we list them, and then we analyze in more detail. Note that all these crimes are in the chapters of the Criminal Code, protecting freedom and honor, dignity, health and morality:
- Human or human trafficking.
- The use of human labor as a slave.
- Involvement in prostitution.
- Using a minor to create pornography materials with his participation.
The last two offenses may arise without exploitation, because a girl can engage in prostitution voluntarily, without coercion. Therefore, we will analyze the first two attacks in more detail, because it is in them that the exploitation of people is considered, the responsibility for which is described in articles 127.1 and 127.2 of the Criminal Code. In other examples (prostitution and pornography) and without exploitation, the offender will be punished.
Live human trafficking
The essence of trafficking and exploitation of people comes down to the emergence of a purchase-sale relationship, exchange or gift, in which the person acts as the object of the transaction. This can be done both with the aim of using the body, human labor, and in order to master it as a thing. The law provides for the possibility of recruiting, transferring or receiving a person as a material subject.
In relation to this crime, exploitation is understood as prostitution or another type of sexual use of a person, work as a slave and servitude of a worker.
Actions that form the objective side of trade
The objective side provides for several options for activity:
- Purchase and sale - the occurrence of a contractual relationship in which the seller agrees to transfer the person as a thing to the buyer. In turn, the buyer must pay the previously agreed amount or provide a service for the acquisition of a person.
- Recruitment involves the selection of a certain number of people through threats or promises, which in the future will be used as slaves.
- Transportation - the movement of people who will be used within the territory of one or more states. The type of transport and the form of transportation do not matter.
- The transfer includes the activities of a third party who acts as an intermediary in the sale of people and transfers them to the buyer.
- Concealment provides for the obligation of the offender to hide the victim so that the law enforcement authorities do not know about his whereabouts.
- The receipt is aimed at the acquisition by the buyer or a third party of the victim for its operation.
When trafficking and exploiting people, the criminal’s special purpose is mandatory — using the victim for personal gain or for fulfilling his needs. The nature of the actions does not matter, only one of the above is necessary for the existence of a crime.
The use of slave labor in the modern world
The essence of the crime is reduced to the forced use of a person when he cannot refuse to perform work under the threat of violence or life-threatening punishment. At the same time, authority should be applied to the slave as an object of the material world. That is, a person is property, which means they own, use and dispose of it.
The objective side is to use the labor of the individual as a slave. Moreover, the purpose of exploiting people, the nature or actions that are carried out by the "slave owner" are completely unimportant. An important sign is the attitude to a person as a property.
Other crimes
Consider two more elements of the crime, which include the possibility of exploitation. The first and most common is prostitution. There is a criminal act called involvement in such an activity. The objective side does not indicate the attitude of the victim to his occupation, so exploitation may well arise. In addition, coercion to continue the provision of sexual services is a separate act. This will also include the involvement of the child in work. The legislator has developed several offenses related to prostitution.
Among the criminal offenses involving the exploitation of a person, and specifically a child, is the use of a person to remove pornography. The legislator also associates several offenses with the formation of pornographic content. The essence of using a child to shoot is to photograph or create a pornographic movie using a minor. The child, by virtue of his immaturity, may not be aware of what is happening to him and what kind of activity he is engaged in, so we can talk about exploitation. Please note that these compounds are indirect and do not directly indicate, in contrast to the previous ones, the operation.
Child labor
We found that the treatment of a person as a thing is strictly prohibited by international law, as well as at the level of each state. One of the most dangerous forms of human exploitation is forcing children to work and using their labor. Worldwide, according to the International Labor Organization, the labor of 250 million children is used. Their maximum age reaches 15 years.
When we talk about such work, we need to understand that conditions are extremely difficult and harmful, working hours are not regulated, children work to the last. Many die, unable to withstand working conditions. Of course, we are not talking about any salary. This kind of labor is used under compulsion. According to unofficial data, 6 million minors and adolescents who are not yet 16 are working in Russia.
Often children are exploited in the open, for example, they clean up the territory or trade, but at the same time they have a long working day, a disproportionate load on the body and difficult conditions.
Real world examples
Having examined the theoretical consolidation of the forms of human use and examined some of the elements of crime, we turn to specific examples from practice that illustrate crimes related to the exploitation of man. Official UN data indicate that 79 percent of trafficking cases are related to sexual exploitation. In second place is the sale of children for the removal of organs from them or also for sexual use.
In 2013, the story of Olga Goryachy, who decided to start entrepreneurship, shocked her - she traded people. They lived in the city of Tchaikovsky near Perm, formed a criminal group of 5 people. They were searching for girls from poor or incomplete drinking families under the pretext of earning money, they were taken abroad, documents were taken there and sold into slavery. The girls had to serve 15 clients a day, while, of course, there was no medical equipment, the conditions were unsanitary. Until 2016, Olga's business flourished, she transported 23 girls, of which only 6 were found.
In 2016, the girl who escaped contacted the police, she was held as a captive in the UAE. How she managed to leave such a place, the employees did not disclose. In order to protect the girl, her location, last name, first name and other data are kept secret. As a result, law enforcement agencies came to Olga and her gang, each was sentenced to 15 years in prison under the article on the exploitation of people and trafficking, which we talked about earlier.
This example is not unique, groups of criminals are active around the world who transport girls, boys and children to other states for sale. In Russia there are also girls brought from Asian countries and sold for prostitution.
Fight against exploitation
Due to the fact that this phenomenon is transnational, the fight against it is conducted at the international level, regardless of the purpose of exploiting people. Over the years, numerous programs and conventions have been developed and adopted that protect the rights of both all people and individual categories. Within the framework of the adopted documents, each state that signed them should provide assistance to international bodies and do everything to reduce the level of trafficking in persons.
Back in 1815, a declaration was adopted that proclaims the abolition of slavery and the active struggle against it. Regularly, various international bodies and associations hold meetings and commissions, within the framework of which the situation in each individual state is discussed and analyzed. New mechanisms are being developed to combat this dangerous crime.
Regarding Russia, we note the active work of employees of various departments. The Investigative Committee, the FSB and, of course, the internal affairs agencies are actively fighting and investigating crimes related to trafficking and exploitation of people. In 2016, employees found 188 channels of human trafficking, almost a third of which related to sexual slavery. 73 channels out of the total mass are connected with labor slavery, which actively flourishes in factories, in agriculture, and often concerns foreign citizens and migrants. The main thing is to remember that such crimes are committed daily and, possibly, next to us, therefore it is extremely important to be partial and responsible citizens and, at the slightest suspicion of exploitation, contact the law enforcement authorities.