Ukraine

Article 28  

Everyone has the right to respect of his or her dignity.  

No one shall be subjected to torture, cruel, inhuman or degrading treatment or punishment that violates his or her dignity.  

Article 29  

Every person has the right to freedom and personal inviolability. 

Article 33 

Everyone who is legally present on the territory of Ukraine is guaranteed freedom of movement, free choice of place of residence, and the right to freely leave the territory of Ukraine, with the exception of restrictions established by law. 

Article 43 

Everyone has the right to labour, including the possibility to earn one’s living by labour that he or she freely chooses or to which he or she freely agrees. 

The State creates conditions for citizens to fully realise their right to labour, guarantees equal opportunities in the choice of profession and of types of labour activity, implements programmes of vocational education, training and retraining of personnel according to the needs of society. 

The use of forced labour is prohibited. Military or alternative (non-military) service, and also work or service carried out by a person in compliance with a verdict or other court decision, or in accordance with the laws on martial law or on a state of emergency, are not considered to be forced labour. 

Everyone has the right to proper, safe and healthy work conditions, and to remuneration no less than the minimum wage as determined by law. 

The employment of women and minors for work that is hazardous to their health, is prohibited. 

Citizens are guaranteed protection from unlawful dismissal. 

The right to timely payment for labour is protected by law. 

Article 51 

Marriage is based on the free consent of a woman and a man. Each of the spouses has equal rights and duties in the marriage and family. 

Article 52 

Children are equal in their rights regardless of their origin and whether they are born in or out of wedlock. 

Any violence against a child, or his or her exploitation, shall be prosecuted by law. 

CONSTITUTION OF UKRAINE 1996 (REV. 2014) (PDF)

Article 146. Illegal confinement or abduction of a person  

1. Illegal confinement or abduction of a person, – 

shall be punishable by restraint of liberty for a term up to three years, or imprisonment for the same term.  

2. The same acts committed in regard of a minor, or for mercenary purposes, or in regard of two or more persons, or by a group of persons upon their prior conspiracy, or by a method dangerous to the victim’s life or health, or causing bodily suffering to him or her, or with the use of weapons, or within a lasting period of time, – 

shall be punishable by restraint of liberty for a term up to five years, or imprisonment for the same term.  

3. Any such acts as provided for by paragraph 1 or 2 of this Article, where committed by an organized group, or where they caused any graveconsequences, – shall be punishable by imprisonment for a term of five to ten years. 

Article 149. Trafficking in human beings and other illegal transfer deals in respect of a human being  

1. Sale, or any other illegal dealswith regard toa person, as well as entrapment, movement, concealment, or transfer of that person for the purpose of exploitation, involving deceit, blackmail or vulnerable state of a person, –  

shall be punishable by imprisonment for a term of three to eight years.  

2. The same actions committed in respect of a minor, or several persons, or repeated, or committed by a group of persons upon their prior conspiracy, or through abuse of office, or by a person on whom the victim was financially or otherwise dependent, or involving violence that, however, poses no threat to life or health of the victim or his/her relatives, or accompanied with threat to use violence, –

shall be punishable by imprisonment for a term of five to twelve years, with or without the forfeiture of property.  

3. Any such actions as provided for by paragraphs 1 and 2 of this Article, where committed by an organized group, or involving violence which poses threat to life or health of a victim or his/her relatives, or accompanied with threat to use violence, or where these actions caused any grave consequences, – 

shall be punishable by imprisonment for a term of eight to fifteen years with or without the forfeiture of property.  

Note.  

1. Exploitation of human being in this article are considered all forms of the sexual exploitation, in the porn industry, forced labour or forced servicing, slavery or usages similar to slavery, forced conditions, attraction into the kabala, organs’ extraction, to experiment on a person without its consent, adoption with the purpose of gain, forced pregnancy, involving into criminal activity, using in armed conflicts, etc. 
2. In Articles 149 and 303 of this Code a susceptible state of a person shall mean the state of a person caused by physical or mental properties or external circumstances, that eliminates or limits its ability to realize its actions (inaction) or to control them, to take independent decisions, to resist the violent or other unlawful actions, the coincidence of difficult personal, family or other circumstances. 
3. Responsibility for impressment, relocation, concealing, transferring or receiving a young or minor under this Article shall occur notwithstanding whether such actions were committed with use of deception, blackmail or susceptible state of the said persons, or with the use of threat to use violence, or use of official position, or by person on whom the victim was materially or other dependent. 

Article 150. Exploitation of children 

1. Exploitation of children, who are under legally employable age, by way of profit-seeking employment, –

shall be punishable by arrest for a term up to six months, or restraint of liberty for a term up to three years, with the deprivation of the right to occupy certain positions or engage in certain activities for a term up to three years. 

2. The same actions committed in regard of several children, or where they caused significant harm to health, physical development or educational level of a child, or accompanied with the use of childrenlaborin hazardous production, – 

shall be punishable by imprisonment for a term of two to five years with the deprivation of the right to occupy certain positions or engage in certain activities for a term up to three years. 

Article 169. Unlawful actions for the purpose of adoption 

1. Unlawful mediation or other unlawful actions for the purpose of adoption or placement of a child under guardianship (or in the custody) or under foster care, –

shall be punishable by a fine of 50 to 120 tax-free minimum incomes, or correctional labor for a term up to two years. 

2. The same actions committed in regard of several children, or repeated, or committed by a group of persons upon their prior conspiracy, or through abuse of office, or where they caused any grave consequences, –

shall be punishable by imprisonment for a term of two to five years. 

Article 172. Gross violation of labor law 

1. Unlawful dismissal of an employee for personal reasons,and alsoany other gross violation of labor law, – 

shall be punishable by a fine up to 50 tax-free minimum incomes, or deprivation of the right to occupy certain positions or engage in certain activities for a term up to three years, or correctional labor for a term up to two years. 

2. The same actions committed in regard of a minor, or a pregnant woman, or a mother with a child under 14 years of age or a disabled child, –

shall be punishable by a fine of 50 to 100 tax-free minimum  incomes, or deprivation of the right to occupy certain positions or engage in certain activities for a term up to five years, or correctional labor of a term up to two years, or arrest for a term up to six months. 

Article 303. Prostitution or compelling to and engaging in prostitution 

1. Systematic prostitution, that is gainful provision of sexual services, – 

shall be punishable by a fine of 50 to 500 tax-free minimum incomes, or community service for a term up to 120 hours.  

2. Compelling to or engaging in prostitution, that is to provide sexual services for a fee by use of violence or threats of violence or destruction orendamagementof property, or by blackmail or deceit, –  

shall be punishable by a fine of 500 to 1000 tax-free minimum incomes, or arrest for a term up to six months, or imprisonment for a term of one to three years.  

3. Any such acts as provided for by paragraph 1 or 2 of this Article, if committed in regard of a minor, or by an organized group, – 

shall be punishable by imprisonment for a term of three to five years.  

4. Trading in prostitution, that is creating, leading or participating in an organized group which supports activities related to the provision of paid sex services by males and females for gainful purposes, – 

shall be punishable by imprisonment for a term of five to seven years. 

CRIMINAL CODE OF THE REPUBLIC OF UKRAINE (PDF)

Article 5 

1. Guarantees for ensuring the right of citizens to workThestate guarantees able-bodied citizens who are permanently residing in Ukraine: 

Free choice of activity; 

 Labour Code (PDF)(Russian)

Article 1. Definition of terms 

1. For the purposes of this Law, terms are used in the following meaning:

Trafficking in persons means the commission of an illegal transaction the object of which is a person and also the recruitment, transfer, hiding, transfer or reception of a person committed for the purpose of exploitation, including sexual exploitation, with the use of deceit, fraud, blackmail, a vulnerable person or With the use or threat of the use of violence, using the official position or material or other dependence on another person who, according to the Criminal Code of Ukraine (2341-14), is recognized as a crime. 

Article 29. Liability for Violation of the Legislation on Combating Trafficking in Human Beings 

1. Persons culpable of violation of the legislation on combating trafficking in human beings shall be liable according to the law.

LAW ON TRAFFICKING IN HUMAN BEINGS 2011 (PDF)

Note: criminalises child labour 

Article 24. Free Marriage  

1. A marriage shall be based on a free consent of a women and men. Forcing a women and men into a marriage is not permitted. 
2. Registering a marriage with a person found legally incapable, as well as with a person that has not realized the significance of his/her actions and (or) was unable to keep them under his/her control, entails the consequences set forth in Articles 38 – 40 of the present Code.

Article 38. Grounds for Marriage Invalidity  

1. Violation of provisions of Articles 22, 24 – 26 of the present Code shall be the ground for marriage invalidity.

Article 40. Marriage, which is Found Invalid Judicially  

1. A marriage is found invalid judicially if it has been registered without free consent of the woman and man. In particular, the consent is not considered to be a free one if, upon marriage registration, the person concerned was suffering a mental handicap, was drunk, drugged, intoxicated as a result of which he/she did not fully realize the significance of his/her actions and (or) was unable to control them, or if the marriage has been registered as result of physical or mental violence. 
2. A marriage is found invalid judicially in case of fictitious marriage. A marriage is deemed to be sham if it has been entered into by the woman and man or by one of them without intention tofounda family and acquire spouses’ rights and responsibilities.  
3. A marriage may not be found invalid if, upon judicial trial of the case, circumstances, which proved the absence of the person’s consent to marry or his/her unwillingness tofounda family disappeared. 

Family Code (PDF)