Criminal Legal Characteristics and Their Objective Features in the Illegal Trade of Pornographic Items Based on Legislation of Foreign Countries
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In the modern conditions of development of Poland and Ukraine the problem of criminal and legal protection of the moral foundations of society from the crimes related to the illegal trade of pornographic items is of high importance. Due to this, the article examines the criminal provisions in respect of liability for actions related to the illegal trade of pornographic items in the legislation of 27 foreign countries and Ukraine. The author has used specific scientific methods of cognition (comparative legal method, methods of modeling, monitoring, system method, mathematical method, etc.) and identified the features of the object and objective of relevant offences. The study also examines international acts that contribute to the legal protection of the whole of society and individuals from the dissemination of pornography, especially child pornography. Based on the study of the regulatory framework, and taking into account theoretical works, the author suggests improvements to the criminal law. The article presents conclusions, which state that the Ukrainian approach is not typical of the Criminal Codes analyzed of the foreign countries as determining the typological object of offences related to the illegal trade of pornographic items as they do not combine public order and morality. The criminal laws of Poland and Korea have great potential for the improvement of our approach; they combine sexual freedom and morality (sexual morality) when determining the typological object of offences related to the illegal trade of pornographic items. The paper also emphasizes the need to implement the provisions of the Convention for the Protection of Children against Sexual Exploitation and Sexual Abuse of 25 October 2007, in particular, to criminalize the organization of access to child pornography as a new form of crime.
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