Принуждение к занятию проституцией как особый вид понуждения к действиям сексуального характера

The doctrinal provisions research and the judicial practice analysis of application of Article 240 of the RF CC (the Russian Federation Criminal Code) led to the justification of necessity to divide the ways of involvement in prostitution into two groups. The first is composed of actions because of which the victims voluntarily are engaged in prostitution, the second are those, which have forced character. During the research of practice there have also been revealed actions directed to renew the occupation in prostitution, which correspond neither to involvement in prostitution, nor to enforcement to continuation of it. Their commission is qualified according to Article 240 of the RF CC, in that its broad interpretation and application are considered. In this regard, it is offered to include the enforcement to renew the prostitution occupation in the CC. The research of essence of enforcement to prostitution led to a conclusion that, firstly, it breaks sexual freedom of an individual, pushing public morality towards the background that indicates the necessity of changing the location of this encroachment in the internal structure of the RF CC. Still more protection priority shift towards sexual freedom of an individual is seen in violent involvement or enforcement to prostitution. Comparative analysis of forced and violent involvement in prostitution with signs of sex offenses allowed revealing their similarities, and most important, the unity of criminal and legal protection objects. In this regard, the author suggests excluding the specified crimes from Article 240 of the RF CC, and to include them in Chapter 18 of the RF CC, placing them in Article 133 of the RF CC, updating its name. Among crimes against public morality, it is offered to keep involvement in prostitution, which is not accompanied by enforcement or violent involvement in it.