CRIMINAL LAW CHARACTERISTICS OF HUMAN TRAFFICKING AND OTHER OFFENSES IN ILLEGAL SURROGACY

Abstract

This article examines the criminal law characteristics of recruiting women for exploitation as surrogate mothers through deception and abuse of their vulnerable condition. It argues that the use of women as surrogate mothers constitutes a distinct form of exploitation. The study emphasizes that deception may involve concealing crucial information, manipulating women’s choices, and providing false information about contract terms or the actual profits of the offenders. A woman’s vulnerability is linked to socio-economic hardships, which compel them to participate in surrogacy programs without viable alternatives. The concept of «vulnerability» is analyzed as a factor depriving victims of the ability to make informed decisions. Coercion is usually applied during the exploitation phase, complicating the qualification of such acts under Article 149 of the Criminal Code of Ukraine, as coercion in these cases does not constitute an element of recruitment. The article highlights the importance of proper criminal law qualification of offenses at the recruitment stage to prevent exploitation in a timely manner. Examples of court cases are provided to illustrate the difficulties in proving coercion in such situations. Attention is drawn to the possibility of qualifying criminal offenses in this area under other articles of the Criminal Code of Ukraine. The need for a comprehensive qualification of criminal offenses, particularly in cases involving document forgery, fraud, and other related crimes, is substantiated.