Definition of the concept and signs of prostitution: problematic aspects in theory and legal practice

The article discusses the definition of the concept of “prostitution” and the characteristics of some signs that allow to distinguish prostitution from other sexualized forms of deviant behavior. Based on the results of the research of scientific works in modern criminology and criminal law, as well as the analysis of the criminal legislation of the Russian Federation and judicial practice, the following conclusions are made. The problems of understanding this term are that the law does not establish a clear definition of it, and for legal practice it is important, because in Russian legislation, the concept of “prostitution” is used in the construction of several dispositions of the norms of the Criminal Code of the Russian Federation and the Administrative Code of the Russian Federation and delineation from other elements of crimes and criminally non-punishable actions. In addition, the features of the subject of prostitution and its specific perception by the legislator in the problematic aspect are considered. In the conclusion of the article, taking into account the essence and signs of prostitution, a definition of the concept of “prostitution” is developed and a two-tier classification of signs of prostitution is formulated.