Usatova T. Criminological characteristic and prevention of establishment or operation of brothels and procuring in Ukraine

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0418U005030

Applicant for

Specialization

  • 12.00.08 - Кримінальне право та кримінологія; кримінально-виконавче право

27-11-2018

Specialized Academic Board

К 64.502.01

Аcademician Stashis Scientific Research Institute for the Study of Crime Problems

Essay

The thesis is devoted to in-depth criminological analysis of crime against morality in the field of organizing the provision of sexual services on the example of the creation or maintenance of places of depravity and pandering and the development of effective measures to prevent these acts. To this end, a number of empirical-theoretical components were determined, which formed the methodological framework for conducting this research. It is stated that recently in Ukraine in the criminal law policy of opposition there has been a shift of emphasis from prostitution, which has ceased to be a criminal offense, to the possible forms of her occupation, which, in particular, are procuring and organizing or maintaining the places of debauchery. Such actions as a crime against morality in the field of organizing the provision of sexual services are inherent in specific features that allow us to consider these illegal acts as a component of this crime. For this purpose, an analysis of the quantitative and qualitative indicators of crimes under Art. 302 of the Criminal Code (level, structure, dynamics, latency, geography, etc.).   The thesis presents a number of factors that indicate the possibility of identifying the identity of the offender committing the acts provided for in Art. 302 of the Criminal Code. The study of the identity of the perpetrator allowed to make a criminological portrait of such offenders and to carry out a typology of the latter. At the same time, an analysis was made of those who provide sexual services, as well as those who apply for such services. The elucidation of the characteristics of the motivation of criminal actions allowed to establish the specifics of the determination complex of such crimes.   The paper summarizes the current international experience in the field of regulation (up to a complete ban) of the phenomenon of prostitution and various forms of organization of the provision of sexual services. Depending on a particular approach to the resolution of this issue, the states are divided into several groups. The study ends with the generation of the main directions of crime prevention under Art. 302 kk. Among such areas: the improvement of legislation, especially criminal, aimed at preventing these crimes; combating corruption in law enforcement agencies in order to prevent concealment of the facts of the provision of sexual services; increase the moral level of the population.

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