ISSUES OF QUALIFICATION OF OBTAINING SEXUAL SERVICES OF A MINOR (ARTICLE 2401 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION) AND DIFFERENTIATION FROM RELATED CRIMES

The relevance of the study stems from the high level of underreporting (latency) of offences under Article 240¹ of the Russian Criminal Code and the inconsistency of judicial practice concerning their classification. The primary aim of this study is to develop theoretically grounded differentiators for the accurate legal qualification of acts involving the procurement of sexual services from minors and to delineate them from neighbouring offences, including rape, sexual assault, lewd acts, and trafficking for the purpose of prostitution. The research addresses unresolved issues, such as the absence of consensus on the offence’s completion point, the criteria for distinguishing between voluntary and coerced sexual services, the criminal liability of intermediaries, and the rules of cumulation with related crimes. The methodology is based on formal-legal analysis, comparative law, case-law review (65 criminal cases), and empirical data from a sociological survey. The study yields the following results: a set of clear differentiators for related offences is proposed; the incompatibility of cumulative qualification with Articles 134 and 135 (statutory rape and indecent assault) is substantiated; the distinction between a one-off and systematic provision of services is justified; and both ideal and real concurrence with pornographyrelated crimes and prostitution offences are identified.