Obtaining sexual services from a minor (Article 240.1 of the Criminal Code of the Russian Federation): issues of theory and law enforcement

Abstract

The article presents an analysis of the corpus delicti under Article 240.1 of the Criminal Code of the Russian Federation, as well as the practice of applying the criminal law norm that establishes liability for obtaining sexual services from a minor. Based on the views available in the science of criminal law and law enforcement practice, the concept of the object of this kind of crime is formulated. The existence of an additional direct object is argued in theory, as well as the need to recognize a minor who provides sexual services as a victim of this crime. Special attention is paid to the problematic aspects of interpretation of certain terms (receipt, any other consideration), and to the qualification difficulties that arise in practice. Through lexico-grammatical analysis, the idea of the mixed nature of any other consideration is justified. The article reveals the features of the subjective side of the crime. A critical analysis of the ways offered by science to modernize the norm under consideration is given. The authors have made proposals to improve the legal and technical condition of Article 240.1 of the Criminal Code of the Russian Federation.