АКТУАЛЬНІ КРИМІНАЛЬНО-ПРАВОВІ ТА КРИМІНОЛОГІЧНІ АСПЕКТИ ПРОСТИТУЦІЇ

Abstract

The article explores the current criminal law and criminological aspects of prostitution. The existing principles of legal regulation, certain aspects of the determination of prostitution, the criminal legal impact on this social phenomen  on and the policy of prevention are examined. The author paid specialattention to the investigation of criminal liability for the purchase of sexual services. Based on the results of the research, the author made a number of scientifically grounded conclusions.

Recently, there has been a steady tendency to complicate the criminogenic situation, and this applies not only to Ukraine but is occurring on a global scale. Unfortunately, in the structure of general crime there is a considerable share of socially dangerous crimes, in particular directed against the basic freedoms of the person. This is due to the factors causing such crimes and one of such widespread social phenomena is prostitution, which today has transformed into a global market for sexual services controlled by organized crime groups. The existence of a clear link between prostitution and female crime has been proven - the increase in the number of prostitutes causes an increase in the number of crimes.

In the theory of criminal law, prostitution is generally understood to mean the occupation of a female or male person by the systematic provision of sexual services to an indefinite circle of persons of the opposite or own sex for pecuniary consideration, which is a permanent, principal or additional source of income. Modern public opinion agrees that prostitution is an immoral behavior. As for recognizing her as an offense, there are different views in the world.

The subject of the crime is a common one, that is, a criminal person may be prosecuted, who is guilty of committing one of the actions provided for in Art. 303 of the Criminal Code of Ukraine is sixteen years old. According to the author, the person who purchases such services is the subject of a crime that encroaches on the main direct object of the said crime - public morality.

A rule that defines payment for casual sex as the purchase of sexual services, even if compensation was promised or transferred to someone else appeared in the Swedish Penal Code.

Swedish experience in the criminalization of the purchase of sexual services has shown its effectiveness in the state criminological policy of prevention and reduction of the level of this negative social phenomenon.