Human trafficking is a modern form of slavery in which a person becomes a commodity for exploitation in the sex industry, forced labor, begging, or even organ harvesting. 

In the Criminal Code of Ukraine (CC), this offense is regulated by Article 149, which defines human trafficking as the recruitment, transportation, harboring, transfer, or receipt of a person for the purpose of exploitation, committed through the use of deception, fraud, blackmail, exploitation of a vulnerable situation, coercion, or bribery. Penalties range from 3 to 15 years of imprisonment, depending on aggravating circumstances, such as the involvement of organized groups, violence, or child victims. This provision does more than simply criminalize such acts—it protects fundamental human rights by rendering the victim’s consent irrelevant if means of influence were used against them.

The enshrinement of such a provision in Ukrainian law is critical for fulfilling international obligations. Ukraine has ratified the UN Protocol to Prevent, Suppress, and Punish Trafficking in Persons (2004) and the Council of Europe Convention on Action against Trafficking in Human Beings (2010). These documents require not only criminalization but also effective mechanisms for investigation and victim protection. In the context of the full-scale war with Russia, which has exacerbated the vulnerability of millions of Ukrainians—from refugees to internally displaced persons—adherence to these standards has become a matter of national security. According to the Ministry of Social Policy, Family, and Unity of Ukraine, 112 people have been granted victim-of-trafficking status since the beginning of 2025, and the National Police have registered 144 criminal cases. The war has created new “opportunities” for human traffickers: more than 6.5 million Ukrainians have fled abroad, increasing the risks of exploitation. Without adapting the legislation to these realities, international obligations risk remaining merely on paper, and victims risk being denied justice.

It was against the backdrop of these challenges that Bill No. 14152 of October 24, 2025, was introduced, initiated by members of parliament led by V. V. Zakharchenko. This document proposes amending Article 297-1 of the Criminal Procedure Code (CPC) to expand the list of crimes for which a special (in absentia) pretrial investigation is possible. It is proposed to add Article 149 of the Criminal Code to the list of offenses for which, if committed by a suspect who is in hiding in the temporarily occupied territories of Ukraine or in the aggressor state, an investigation may be conducted without the physical presence of that person. This means that the investigation may continue on the basis of a ruling by an investigating judge, even if the accused is on an international wanted list and is evading responsibility by staying abroad.

Key innovations: in absentia investigation as a tool to ensure the inevitability of punishment

The proposed changes are simple but could have a significant impact on the course of investigations into human trafficking: the first paragraph of Part 2 of Article 297-1 of the Code of Criminal Procedure is amended to include the number “149.” This allows for the application of a special pretrial investigation for the crime provided for in Article 149 of the Criminal Code (human trafficking) alongside other serious crimes, such as terrorism, treason, or corruption. The goal is to overcome the barriers created by the war. Since the start of the full-scale invasion in 2022, the fact that suspects are in hiding in the occupied territories or in the Russian Federation has made it impossible to extradite them and complete investigations within a reasonable timeframe. According to the National Police, 75 cases under Article 149 of the Criminal Code have been suspended due to the suspects being at large. Throughout 2024, only one criminal proceeding was concluded involving a suspect who was on the wanted list. The draft law will help “strengthen the capacity of pre-trial investigation authorities,” ensuring the inevitability of punishment. This is in line with the recommendations of GRETA (the Council of Europe’s Group of Experts), which, in its 2025 report, noted Ukraine’s progress in ensuring access to justice for victims of human trafficking, but called for adapting procedures to wartime conditions.

These changes are driven not only by the war but also by global trends. The U.S. State Department’s 2025 Trafficking in Persons Report emphasizes that in Ukraine, as a country of origin, transit, and destination for victims, the war has exacerbated domestic exploitation—58% of victims were identified within their own country (Ukraine). By adding Article 149 of the Criminal Code to the list of crimes subject to special pretrial investigation, Ukraine is harmonizing its legislation with the Council of Europe Convention on Action against Trafficking in Human Beings, which emphasizes the effective prosecution and punishment of perpetrators, regardless of their location.

Weaknesses: The Balance Between Effectiveness and Human Rights

Despite its advantages, the draft law is not without risks that could complicate its implementation. First, an in absentia investigation potentially violates the presumption of innocence and the right to a defense (Article 6 of the European Convention on Human Rights). Without the accused’s presence, it is difficult to ensure a full challenge to the evidence, which could lead to appeals of such decisions before the European Court of Human Rights. The war makes this issue even more acute: how can one distinguish between genuine absconding and an inability to appear due to the occupation?

Second, the lack of additional safeguards. The explanatory memorandum does not propose strengthening judicial oversight or mechanisms for victims—the focus is solely on the investigation. This could lead to abuses, such as when suspects are punished “in absentia” without sufficient evidence. Experience with the use of in absentia proceedings in other cases (373 cases in 2024) shows positive results, but has also drawn criticism from human rights advocates for a lack of transparency.

Third, the financial and economic aspects: the explanatory note states that the adoption of the bill does not require additional budgetary funds, but in practice, expanding the in absentia procedure will require resources for international search efforts and victim protection. Without this, its effectiveness will remain theoretical. 

Thus, Bill No. 14152 is an attempt to adapt the justice system to the realities of war, where human traffickers are hiding behind the front lines. It strengthens the fight against human trafficking in line with international standards, but requires further refinement to protect the rights of all parties. In a country where 112 people have been recognized as victims of human trafficking since the beginning of 2025, such an initiative could save lives. However, without a proper balance, it risks becoming a tool for summary justice. It is worth keeping an eye on the bill’s progress—it will determine whether Ukraine becomes a model of resilience in the fight against modern slavery.