The Bermuda Triangle of Ukrainian Justice for Sex Workers

Ukraine has been an independent state for over thirty years, professing European values and the protection of human rights. Yet our legislation still retains a «Soviet rudiment» that allows the state to grossly interfere in the private lives of adults. We are referring to Article 181-1 of the Code of Ukraine on Administrative Offences (CUAO) (Стаття 181-1 Кодексу України про Адміністративні Правопорушення), which punishes ‘engaging in prostitution’. Today, this article is not merely a line in the code. It is a tool for exerting pressure, stigmatisation and the systematic violation of the rights of thousands of people.

But Article 181-1 is only a part of repressive system. Articles of the Criminal Code of Ukraine pose a far greater threat to the safety and rights of sex workers. Sex workers in Ukraine are literally caught in a triangle: between fines under Article 181-1, criminal penalties for safe working conditions (Articles 302, 303) and prosecution for working online (Article 301). Articles ostensibly created to combat exploitation and uphold public order are, in practice, turning into punitive instruments that deprive people of their right to safety and self-organisation.

ADMINISTRATIVE CODE: PUNISHMENT FOR WHAT IS NOT DEFINED

The fundamental problem with Ukrainian law is the lack of clear rules of the game. The main problem with Article 181-1 of the Code of Administrative Offences lies in its absolute legal vagueness. Ukrainian legislation still lacks a clear and understandable definition of what exactly constitutes ‘prostitution’. This creates a situation where a person cannot clearly understand which of their actions constitute an offence and which do not.

“...current Ukrainian legislation does not define the concept of ‘prostitution’ or specify which actions should be understood as engaging in prostitution,” notes Iryna Yakovets (Ірина Яковець), Doctor of Law, Head of the Centre for Legal Support of Science and Technology Development at the Research Institute of Intellectual Property of the National Academy of Legal Sciences of Ukraine, and legislative consultant at the charitable organisation ‘LEGALIFE-UKRAINE’.

According to the principle of legal certainty, the law must be predictable. Instead, the state punishes citizens for actions whose precise definition it has failed to set out clearly. This approach allows law enforcement officers to interpret any private meeting as a crime at their own discretion.

“It remains unclear and undefined to the general public exactly which actions citizens must refrain from under the provisions of the Code of Administrative Offences,” says Iryna Yakovets.

How does this work in practice?

The work of law enforcement agencies often boils down to provocation and psychological pressure. The main method is so-called ‘test purchase’, which in itself is ethically and legally questionable in cases where there is no victim.

Moreover, Article 181-1 of the Code of Administrative Offences is a unique and, at the same time, absurd tool in the hands of the police. It is perhaps the only article that allows a police officer to draw up a report even before the offence has actually taken place. The sexual service may not have been provided, and there may be no evidence of money changing hands; however, a law enforcement officer has the right, at their own discretion, to decide that the person ‘intended’ to provide it, and to hold them accountable solely on the basis of their own assumptions.

The police often exploit the vulnerable position of sex workers by using:

• Psychological pressure: Threats to disclose their activities to relatives, neighbours or at their main place of work.
• Violations of privacy: Illegal searches, seizure of personal belongings and mobile phones without proper court authorisation.
• Coercion to sign: Sex workers are often forced to sign statements (including those recording only an ‘intention’), without explaining their rights or providing access to a lawyer.

“In Ukraine, a Soviet-era rudiment of state interference in the private (intimate) life of adults still exists”, – Iryna Yakovets.

Such interference in the private lives of adults acting by mutual consent is a direct violation of the Constitution of Ukraine and the European Convention on Human Rights.

“...the right to respect for private life includes the free disposal of one’s own body, including for payment. Therefore, the existence of administrative liability for engaging in prostitution (current Article 181-1 of the Code of Administrative Offences) is a violation of the right to respect for private life”, – Iryna Yakovets.

Judicial conveyor: justice without evidence

When a case reaches court, the situation does not usually improve. An analysis of judicial practice shows that most cases are considered formally.

1. Lack of proof of guilt. Judges often do not try to establish whether there was a crime. To reach a decision, they rely solely on the police report, which is often based on subjective assumptions.

‘The report on the administrative offence and the police officer’s report on the drawing up of the report cannot, in themselves, be recognised as sufficient and proper evidence... as, by their legal nature, they are not independent, indisputable evidence, and the circumstances set out in them must be verified with the help of other appropriate, admissible and sufficient evidence,” – Iryna Yakovets.

2. Ignoring the circumstances. Courts often pay no attention to whether coercion was present. If a person acts voluntarily, their right to control their own body is disregarded in favour of the outdated norm of ‘public morality’. (It is worth recalling that the specific Law ‘On the Protection of Public Morality’ was repealed back in 2015 as not meeting modern legal standards. However, the judicial system, out of inertia, continues to use this vague concept to restrict fundamental human rights, disregarding the principle that the right to respect for private life and free disposal of one’s own body takes precedence over the ideological stereotypes of the past).

“The court does not verify the existence of the objective elements of the offence, in particular: 1) the voluntary nature of entering into the relationship; 2) payment, as well as the subjective side of the offense, which are determined by the attitude towards the consequences and characterised by the presence of guilt in the form of direct intent,” – Iryna Yakovets.

3. Stamping decisions. Cases under Article 181-1 often resemble an assembly line: short sessions, no witnesses, minimal attention to the defence’s arguments.

THE CRIMINAL CODE AS A TOOL OF INTIMIDATION

While administrative provisions hit the wallet and reputation, criminal Articles 301, 302 and 303 of the Criminal Code are used to drive sex work deep into a dangerous underground. Although these norms are declared as a means of protecting public order and a tool to combat human trafficking, in practice they often become an instrument of repression against sex workers themselves.

Instead of focusing on identifying actual cases of coercion and exploitation, the law enforcement system often uses these articles to punish any form of self-organisation or digital activity. This not only undermines workers’ safety but also harms the genuine fight against crime: when sex work is fully criminalised, the line between voluntary activity and human trafficking becomes blurred, allowing real criminals to hide behind those who are unjustly persecuted by the state.

It is precisely the vulnerable position of sex workers, stemming from their illegal status, that is often exploited by corrupt officials for their own personal gain. Moreover, this systemic isolation of the community from the legal field is one of the internationally recognised factors contributing to crimes related to human trafficking, as it deprives victims of the opportunity to seek protection from the state without fear of being prosecuted.

1. ‘Places of debauchery’ Article 302 of the Criminal Code: punishment for safety

This article penalises the establishment of so-called ‘places of debauchery’. However, due to the complete absence of clear legal criteria for ‘debauchery’ in the legislation, the simplest security measures are under attack.

How it works in reality: To protect themselves from violence by aggressive clients, sex workers often band together, rent flats together or work in shared premises. This is a basic safety requirement — not to be left alone in an unfamiliar place.

Consequences: For the police, such self-organisation automatically becomes ‘maintaining brothels’. Two or three women renting a flat to work together is treated as a criminal offence. This is absurd: the law forces people to work alone in dangerous conditions, because working together safely is considered a ‘brothel’. The law literally forces people to work in isolation. Instead of protecting against violence, the law punishes attempts to organise a safe space, pushing sex workers into more dangerous and uncontrolled conditions.

2. Pimping (Article 303 of the Criminal Code): assistance that becomes a crime

Undoubtedly, coercion and violence must be severely punished. The article on pimping should protect people from exploitation and coercion. However, the current wording of the article allows the police to criminalise any supporting infrastructure.

How this works in reality: Security guards, drivers who help sex workers reach their destination safely, or administrators who assist with advertising are automatically labelled as ‘pimps’. In addition, if one sex worker, acting entirely of her own free will, helps another worker by offering advice or arranging a safe meeting, she too may be accused of pimping.

Consequences: In fact, any attempt to build a safe infrastructure around sex work falls under criminal law. Real-life traffickers and organisers of forced labour often remain in the shadows, whilst criminal cases are brought against those who help make this activity even slightly safer. This creates a huge field for corrupt blackmail by security forces.

3. Pornography (Article 301 of the Criminal Code): a trap for the digital age

In the 21st century, a significant portion of sex work has moved online (creating content on platforms such as OnlyFans, etc.). This is the safest form of sex work, where there is no direct physical contact with the client, which completely eliminates the risk of violence. However, Ukrainian law treats the creation and distribution of such content by adults for adults as ‘distribution of pornography’.

How this works in reality: The police conduct control purchases, break into the apartments of webcam models, seize equipment and open criminal proceedings. Cyber ​​​​police spend huge taxpayer resources on tracking down girls and boys who independently take and sell their photos or videos. People are being prosecuted for creating images or videos in which they themselves appear.

Consequences: Instead of tackling genuine crime (such as child pornography or violence), the law is being used for the absurd prosecution of people for voluntarily creating erotic content. This, in turn, opens the door to bribery and intimidation.

‘...the vulnerable position of sex workers is exploited by corrupt law enforcement officers for their own enrichment, and is one of the internationally recognised factors contributing to human trafficking,’ emphasises Dr Iryna Yakovets, Doctor of Law.

An analysis of these articles paints a grim picture. The state has created a legal framework where any attempt by a sex worker to protect themselves, unite with colleagues for safety, or move to a safe online format is a criminal offence.

The lack of clear definitions, the confusion of concepts (where voluntary work is equated with a criminal offence) and the punitive bias of the judicial system create ideal conditions for police arbitrariness. Sex workers in Ukraine are caught in a triangle: between fines under Article 181-1, criminal charges for ensuring safe working conditions (Articles 302, 303) and prosecution for working online (Article 301).

LIFE UNDER PRESSURE

This model of legislation leads to terrible social consequences:

• Lack of protection: Sex workers are afraid to contact the police if they fall victim to robbery or violence, as they themselves risk facing criminal or administrative prosecution.
• Impossibility of legalization: Because of this law, people are denied the opportunity to work legally, pay taxes and claim social guarantees that other citizens have.
• Economic pressure: Fines and the constant threat of prosecution drive sex work even further underground, making workers easy targets for real criminals and corrupt law enforcement officers.
• Corruption: Instead of protecting society, these articles of the Criminal and Administrative Codes create a huge field for corruption. Corrupt law enforcement officials exploit the fear of criminal liability to enrich themselves, demanding bribes for ‘protection’.
• Stigma and Discrimination: People find themselves on the margins of society, becoming outcasts in the eyes of state institutions. This creates barriers to accessing healthcare, social services, employment and education, among other things.

“Persons who engage in prostitution voluntarily (sex workers) are outside the law. As a result, a negative stereotype of sex workers dominates in society; they are subjected to discrimination and stigmatisation,” – Iryna Yakovets.

CONCLUSION: TIME FOR SYSTEMIC CHANGE

We are witnessing a vicious circle: outdated and vague laws give rise to widespread human rights violations, whilst repressive practices by the police and the courts only serve to entrench these violations. The protection of public interests and order must not be achieved by ruining lives and restricting the rights of adults of sound mind.

Ukraine needs decisive steps to put an end to this legalised discrimination:

Change the laws: Complete repeal of Article 181-1 of the Code of Administrative Offences. Alongside this, a thorough reform of Articles 301, 302 and 303 of the Criminal Code is necessary. Criminal liability should apply exclusively to violence, coercion, human trafficking and the involvement of minors, rather than to the voluntary activities of adults.

Change in practice: Law enforcement agencies and courts must cease the practice of fabricating offences through ‘sting operations’ where there are no victims.

Only through decriminalisation and respect for human rights can we build a safe society where the law protects everyone, rather than punishing them for their private choices. Sex work is work, and the rights of sex workers are human rights.

Prepared by the team of the CO “Legalife-Ukraine”