METHODS OF IMPORT, MANUFACTURE, SALE AND DISTRIBUTION OF PORNOGRAPHIC ITEMS IN UKRAINE

Abstract

The article examines methods of importing, manufacturing, selling and distributing pornographic items in Ukraine. It is indicated that in the norm of the Criminal Code of Ukraine, the legislator clearly outlines the list of the main ways of committing a socially dangerous act: 1) importation; 2) manufacturing, storage, transportation or other movement for the purpose of sale or distribution; 3) their sale or distribution; 4) forcing to participate in their creation. It is noted that the methods of transportation and movement of pornographic objects can be as follows: 1) transportation of objects of a pornographic nature by civilians both with the help of passenger transport and in their own transport; 2) transportation by legal entities of objects of a pornographic nature both within the scope of their activity and outside it; 3) transportation of objects that do not have external signs of a pornographic nature, but are such in their essence (children’s cartoons that have an allegorical sexual connotation, women’s novels that convey pornographic content, etc.); 4) transportation of disguised pornographic products (in any other items); 5) transportation of pornographic products applied to items of clothing, including – in the form of images, text information, ideograms, etc. It is concluded that the criminal offense provided for in Art. 301 of the Criminal Code of Ukraine is widespread, which can be explained by the potentially large opportunity to earn quite a lot of money for a long time, without the threat of being exposed in a timely manner. Participants of such a socially dangerous act, in most cases, are voluntary and pursue their own interest. Considering the above, it is urgent to review the criminal responsibility for such an act, as well as the forensic methodology of its investigation.