Еволюція видовищних заходів сексуального характеру: кримінально-правовий аспект

The article provides a comprehensive study of the evolution of sexually explicit performances from a criminal law perspective, taking into account historical contexts, transformations of public morality, the development of the entertainment industry, and digital technologies. The author highlights deep civilizational shifts in attitudes toward sexuality in public spaces — from sacral erotic rituals in ancient cultures, through prohibitions shaped by Judeo-Christian doctrines, to contemporary hybrid forms of sexualized shows, performances, and online content. The article analyzes criminal law mechanisms aimed at restricting the dissemination of pornographic materials, particularly those involving minors. Special attention is given to the provisions of Articles 301, 301-1, 301-2, 156-1, as well as 149, 153–156 of the Criminal Code of Ukraine. It is shown that Ukrainian legislation lacks clear definitions of terms such as “pornography,” “erotica,” and “sexually explicit performance,” making legal qualification ambiguous and enabling inconsistent judicial practice. The consequences of repealing the Law of Ukraine “On the Protection of Public Morality” and its subordinate acts – particularly the criteria for identifying pornographic content — are critically examined. The article explores the legal challenges arising in the regulation of content on shared-access platforms such as OnlyFans and PornHub, as well as in the context of online broadcasts and erotic performances. The need to balance freedom of artistic and cultural expression with the protection of morality, children’s rights, personal privacy, and human dignity is emphasized. The article also highlights potential threats linked to the exploitation of performers in sexualized shows — especially minors — within the broader context of human trafficking and sexual slavery. Based on the conducted analysis, the author concludes that Ukraine’s criminal and information legislation needs to be updated through the development of new definitions, clear classifications of forms of sexual entertainment, and differentiation between permissible and prohibited content. The relevance of an interdisciplinary approach — integrating legal, cultural, sociological, and ethical aspects – is substantiated as a way to shape a modern state policy in the regulation of public sexuality.