Human trafficking remains a serious criminal offense in Ukraine and is prosecuted primarily under Article 149 of the Criminal Code of Ukraine (CCU), as well as related offenses involving exploitation, forced labor, sexual exploitation, and crimes against personal liberty.

Judicial consideration of trafficking cases presents significant practical challenges, including complex evidentiary issues, qualification of criminal acts, assessment of victim testimony, application of special procedural measures, and interaction with international legal standards and ECtHR jurisprudence. These challenges are further compounded by the consequences of the armed conflict, internal displacement, cross-border elements, and heightened victim vulnerability.

Strengthening judges’ practical capacity to adjudicate trafficking-related criminal proceedings in a consistent, lawful, and rights-based manner is essential for ensuring effective justice and compliance with Ukraine’s national and international obligations. In the framework of Project “Enhancing protection of vulnerable populations in Ukraine by combatting human trafficking, promoting safe migration and ensuring survivors access to assistance” that is aimed to enhance the protection and resilience of vulnerable people in Ukraine by preventing human trafficking as well as promote effective regional responses to trafficking in persons in the context of the war in Ukraine IOM Ukraine will organize three-day training for representatives of National school of judges of Ukraine, that will enhance judges’ practical understanding of the elements and qualification of trafficking-related crimes, as well as support judges in addressing evidentiary, procedural, and right-based challenges commonly arising in trafficking proceedings.

The purpose of this assignment is to design and deliver a specialized training for judges of Ukraine on the practical aspects of judicial consideration of criminal proceedings related to human trafficking, with a focus on applying Ukrainian substantive and procedural law in court practice. 

Organizational Department / Unit to which the Consultant is contributing:  Protection Unit;

Tangible and measurable outputs of the work assignment

1. Develop a training curriculum tailored specifically for judges, reflecting  

   • The Criminal Code of Ukraine

   • The Criminal Procedure Code of Ukraine (CPC)

   • Relevant Supreme Court of Ukraine practice and ECtHR jurisprudence

2. Prepare training materials focused on real judicial practice, including:

   • Annotated case studies;

   • Judicial checklists and bench guides;

   • Procedural flowcharts for trafficking cases;

3. The training shall cover, at minimum:

   • Elements of the crime under Article 149 CCU (Act, means, and purpose of exploitation; consent and its legal irrelevance)

   • Distinguishing trafficking from related crimes (Articles 146, 173, 301, 302 CCU, etc.)

   • Qualification of attempted trafficking and participation (complicity, organized groups)

   • Qualification in cases involving multiple victims or cross-border elements

   • Preventing secondary victimization during court hearings

   • Judicial management of adversarial proceedings in trafficking cases

   • Special procedural measures, including:

   • Closed hearings

   • Remote or video testimony

   • Examination of child victims and vulnerable witnesses

   • Measures to ensure safety of victims and witnesses

   • Standards of proof in trafficking cases

   • Addressing inconsistencies in testimony

   • Avoiding stereotypical reasoning and unlawful assumptions

   • Case law and international standards

   • Contextual challenges (impact of war, displacement and migration on trafficking cases).

4. Prepare training materials, including presentations, case studies, role plays, and practical tools.

5. To conduct interactive training sessions in Kyiv in cooperation with another consultant.

6. Lead practical exercises focusing on:

   • Qualification and re-qualification of criminal offenses

   • Judicial evaluation of evidence

   • Courtroom management in complex trafficking proceedings

   • Reasoned drafting of judicial decisions

7. To prepare the trainer’s report for observation on the group engagement, key discussion points and challenges.

8. Perform such other duties as may be assigned.

Performance indicators for the evaluation of results

Deliverable 1 by 10 April 2026 – 1050 USD (United States Dollars Three Thousand Five Hundred )

1. Judicial training curriculum and agenda developed and agreed with IOM.

2. Training materials (presentations, checklists, case scenarios) developed and agreed with IOM

3. One three-day  training for judges conducted in March 2026.

4. Pre- and post-training assessment carried out.

5. Final training report with recommendations for judicial practice submitted to IOM.

The payment of the Consultant’s fees shall be initiated within 10 days after IOM’s receipt and approval of the outputs outlined above.