Krasnenkova E.V. On the issue of the necessity to determine prostitution as a bribe

Abstract: The author of the article studies the role of giving a bribe as a condition for criminalization or decriminalization of prostitution. This activity is determined as a crime from the position of criminal law and, partially, of criminal procedure. The author notes the relative effectiveness of the mechanisms of criminal liability imposition and the difficulties of collection of evidence of the committed crime. For the demonstration of the necessity to determine prostitution as a bribe or the absence of a bribe, the author analyzes material and procedural law and their correlation with respect to prostitution. The methodological base of the study includes the set of general scientific and special methods: system-structural, analysis, synthesis, formal-legal, logical, comparative-legal, statistical and others. The author concludes that it is clear why non-material welfares, particularly, prostitution, are not considered as subjects of bribe. According to the current legislation, prostitution services proposed by the subject (a briber or a mediator) or paid by him should be determined as “giving of bribe”, “mediation in bribery”,  “drawing into prostitution”, or “engagement in prostitution”. In this case there is also a problem of collection of evidence of the guilt. 

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