THE NORDIC MODEL APPROACH TO PROSTITUTION: FOREIGN EXPERIENCE AND UKRAINE

Abstract

The paper is analysing the Nordic/Equity Model approach to prostitution. The problems connected to the sex trade in many countries are now turning to what is known as the «Nordic Model» on prostitution, which criminalizes the purchase of sex, targeting law enforcement measures at sex buyers. However, in contrast to the Nordic model, there are some countries where prostitution is considered legal job (e.g., Germany). These two situations - from criminal punishment of prostitutes’ clients to prostitution as legal work - are two very different models. Many European countries (including Ukraine) have different approach – punishment for prostitution itself or partial legalisation of prostitution. Purpose: the main purpose of the paper is to analyse the current Art. 303 of the Criminal Code of Ukraine in terms of compliance with international legal acts, to compare experience of foreign countries and propose appropriate changes to the Criminal Code. Methods: the dogmatic method as well as analysis of statistical data were used during the analysis. Results: according to the comparison of scientific and legislative approaches of Ukraine and Sweden, analysis of recommendations of the Council of Europe and European Parliament, our state is already close to the Nordic model today. However, this is now only a theoretical proposition that needs further reinforcement. Discussion: it is proposed to amend the Art. 303 of the Criminal Code of Ukraine as follows: «involving a person into prostitution or forcing him/her into prostitution by using that person’s deceit, blackmail or vulnerability, or using or threatening to use violence, or engaging in sexual intercourse with another person for a fee, even for that person’s consent, or pimping».