Directions for the development of the criminal procedure science

Abstract

The article proves that prohibition, as well as the decriminalisation of pornography, is a resonant social issue. In addition to playing the role of a moral and ethical component of public life, it acts as a lever in the international political arena, and also touches upon some matters of financial income and tax revenue. EU legislation generally regards pornography as a phenomenon that does not pose a social or moral and ethical danger. It is noted that with the expiry of the Law of Ukraine “On Protection of Public Morality”, the legal justification for a complete ban on pornography in Ukraine has also been lost. The logical continuation of the above legal changes is the revision of criminal legislation on pornography with due regard to the main trends of progressive legal development.

The analysis of the information materials to the BRDO’s initiative draft law stipulates that the absence of a regulatory definition of “debauchery” and “place of debauchery” creates conditions under which criminal liability may be imposed on party organisers, hotel and nightclub owners or creators of pornographic materials. Based on this, the BRDO proposes to exclude Article 302 from the Criminal Code of Ukraine as a whole. The BRDO’s argument is indeed convincing. However, it does not take into account the risks of such crimes and offences as: pimping or involvement of a person in prostitution (Article 303 of the Criminal Code of Ukraine); prostitution (Article 181-1 of the Code of Administrative Offences of Ukraine). In addition, if Article 302 is removed from the Criminal Code of Ukraine, its parts 3 and 4 will also be lost, which may reduce the protection of minors and young persons.

In view of the above, we believe that it would be appropriate to amend the content of part 1 of Article 302 of the Criminal Code of Ukraine as follows:

“Article 302. Organisation of activities for places to provide paid sexual services and engage in prostitution

1. Organisation and receipt of remuneration from the activities of places for the face-to-face provision of paid sexual services and prostitution – …”.