PROBLEMS OF CRIMINAL-LEGAL COUNTERACTION TO THE DISSEMINATION OF PORNOGRAPHIC MATERIALS: ANALYSIS OF SOME LEGISLATIVE INITIATIVES

Abstract

The article is devoted to the criminal-legal analysis of the provisions of the 
Draft Law of Ukraine “On Amendments to the Criminal Code of Ukraine on 
Ensuring Freedom from Interference in a Person’s Private Life”. The opinion is 
defended that maintaining legislative boundaries that indicate the moral and legal 
position of the state on the inadmissibility of corruption, maintaining a high 
standard of human aesthetics and ethics is, first of all, a question of dignity, and 
not of prevalence, accessibility, economic attractiveness. For Ukraine, the issue of 
dignity has been central for the last ten years, because it is dignity that determines 
subjectivity, legal, political, and civilizational. They cannot be neglected, taking 
advantage of the political situation. Ukraine remains obliged under Art. 1 of the UN Convention on the Suppression of the Circulation of Pornographic Publications 
and Trafficking in Them to Criminal Prosecution for the Creation, Importation and 
Distribution of Pornographic Products. 
It is argued that the content of Part 4 of Article 301 of the draft law suggests 
that the criminal law burden for the repeated commission of the acts provided for 
in Part 1 of Article 301 is too severe. In other words, the repeated commission of a 
criminal offense turns it into a serious crime, which is hardly justified given the 
actual accompanying circumstances. The fact is that in terms of their social 
danger, in most cases they will correspond to the degree of social danger of a 
minor crime. In this regard, criminal liability for the repeated distribution of 
pornography without the consent of the person depicted in it should be provided 
for in Part 2, and not in Article 301 of the draft law. Proposals to the draft law 
have been formulated.