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CRIMINAL "FACE" OF MINOR PROSTITUTION IN THE CONTEXT OF DEVELOPMENT OF CRIMINAL-LEGAL MEANS OF ITS EXTENSION IN MODERN RUSSIA
Abstract. Prostitution, being an 'unsinkable' iceberg of the modern criminal environment in the sphere of sexual exploitation of a person, demands radical innovative law-making decisions within effective fight against it at the level of law enforcement agencies. Today in Russia there is the regulatory legal base in the field of counteraction to development of sex services, however, in author's opinion, efficiency of right application of these norms is questionable. The number of prostitutes, especially, minor, grows every day, because victimological aspect of criminal law recognizes them as the victims of the circumstances, compelling to trade in own body. At the same time, the shocking data of official police statistics testify the steady growth of illegal sex trade in Russia that suggests the need for complex revision of the current legislation. The author, relying on long-term researches of the problems, connected with searches of effective measures of criminal and legal fight against prostitution of minors, reflects own vision of a number of questions, caused by scope of research, and makes separate offers on correction of standards of the criminal code of Russian Federation.
Keywords: prostitution, minor, criminal and legal means of fight, sex service, punishment, legislation, legal proposition.
ALLA STANSKAYA
PhD in Jurisprudence, Associate Professor, Department of Criminal Law and Criminal Trial, Moscow State Humanitarian University after M. A. Sholokhov, Moscow antivimogatel@yandex. ru
"God loves people too much to watch indulgently the sins made by them.
Each of us has a chance to get out of a hole and if a man passes fire and water, believes in absolute favor of the Lord
- only then he will enter the Kingdom of Heaven"
(Matfey, 1:05).
O. Savelyeva marks that "in a civilized society the sexual sphere of life is a subject of legal regulation"1. In this regard, Russia is not an exception, possessing various regulatory legal base in the sphere of counteraction of prostitution - to the most ancient criminal phenomenon caused, de jure, by relative freedom, and, de facto, by absolute freedom in relationship of sexes. Today it is difficult to overestimate the negative, antisocial, illegal role, which is played by "paid love" in modern society.
The author notes that development and improvement of the legislation, directed on fight against prostitution, is carried out by the state, both within criminal and legal policy of counteraction of crime, and by entering the amendments into administrative branch of the right.
Nowadays sanctions of articles №240 and №241 of the criminal code of Russian Federation2 prescribe punishment for the organization and involvement in prostitution. Besides, with receiving
1
See: Savelyeva O. Dirty porno or winged Eros?//Business lawyer, 2000, No. 9.
2 The criminal code of the Russian Federation of 13.06.1996 N 63-FZ (an edition of 21.07.2014) (with amendment and additional, in force from 04.08.2014)//Collection of the legislation of the Russian Federation, 09.06.2014, No. 23, Art. 2927.
new tools, namely, with adoption of the Federal law of 28.12.20133 №.380-FZ, clients of prostitutes are also criminalized and receiving sex services acts as penal act today.
At the same time, prostitutes, despite criminal and legal "shade" of the profession, have to pay penalty, imposed according to standards of Art. 6.11 of the Code of the Russian Federation on Administrative Offences4, that, according to the author, is contrary not only to the trampled norms of morals and to strengthening of measures of criminal and legal responsibility for sexual exploitation (for example, Art. 240.1 of the criminal code of Russian Federation). The question of innocence of "women of easy virtue", offering the services, was already a subject of scientific interests of the author5.
The official statistical data of law enforcement agencies sounded, in particular, by I. Zubov 6allow saying that approximately every 150th resident of Russia is involved in prostitution. The considerable share take minor young men and girls (the number of minor prostitutes, according to the provided data7, hesitates from 150 thousand up to half a million now).
As authors of the bill establishing punishment for a pimping believe (organization and involvement in prostitution), "pimps frequently by threats, blackmail and violence involve girls in prostitution and organize harbors"8. However, the author is not fully ready to agree with a legislator's position. On the basis of own data, obtained as the result of the carried-out anonymous questioning, the significant amount of respondents (to 68 out of 100 respondents), first of all, minor prostitutes aged from 16 till 18 years, without third-party coercion, express a consent in prostitution.
It is obvious that today the problem of teenage prostitution reached the apogee, which is already followed by total moral decay of society. With continuous development of computer multimedia, prostitution "mutated" in a new, more sophisticated forms of body trade. So-called, "cyber scopophilia" (the term within the subject of the present paper is introduced by the author for the first time) represents demonstration of a naked body and includes elements of sexual role-playing games for payment with application of means of an erotic industry, without the actual physical contact. Girls and young men pose in front of the web cameras, carrying out client's wishes, who paid a peculiar sex session, however tactile communication is absent.
In this connection, according to the author, based on the analysis of regulatory legal base in the sphere of prostitution counteraction, including, teenage one, an unsatisfactory picture of almost total absence of a conceptual framework of the studied phenomenon is formed. Therefore, the existing criminal legislation does not contain such categories as "prostitution", "sensuality" and "pornography", we do not even mention criminal and legal specifics of these terms in relation to qualification of criminal actions. It should be noted that the author within scientific publications has already paid attention to the specified circumstance9.
As L.A. Bondarenko notes, "sexual behavior of young people more often becomes a subject of household and speculative-publicist discussion or is exposed to the criminological analysis, however there are no complex pedagogical and psychological researches of sexual behavior and deviant sexual activity, taking into account gender and age dimorphism".
At the same time, many researches show that such behavioral deviations as early sexual activity, commercial sex, same-sex communications, are observed even more often among the
3 The federal law of 28.12.2013 No. 380-FZ "About modification of the Criminal code of the Russian Federation and the Code of criminal procedure of the Russian Federation"//Collection of the legislation of the Russian Federation, 30.12.2013, No. 52 (part I), Art. 6945.
4 The code of the Russian Federation about administrative offenses of 30.12.2001 No. 195-FZ (an edition of 22.10.2014)//the Russian newspaper, No. 244, 24.10.2014.
5 Stanskaya A.A. A current state and the directions of improvement of criminal and legal policy of measures of prevention in the sphere of counteraction of prostitution of minors//Modern scientific researches. Release 2 - Koncept. - 2014.
6 The shocking data of the Ministry of Internal Affairs reported deputies of the State Duma: in occupation prostitution in Russia involved about one million people//"Ekho Moskvy", 26.01.2013.
7 In the same place.
8 V. Sdelano's sandpipers with loving care: it is offered to strengthen punishment for a pimping//the Russian newspaper. 14.10.2014.
9 Stanskaya A.A. Problems and the directions of legal counteraction to formation of associative addiktivny sexual tendencies in behavior of female minors under influence of information space//Russia in the 21st century: Economic, legal and welfare prospects of development. MF I LIE of A.S. Pushkin. It is sent for the press - January, 2015.
senior schoolgirls. Moreover, these phenomena quite often considerably influence on personal formation, in many respects breaking processes of socialization, professional choice, formation of traditional family models"10.
Modern mechanisms of information exchange in network space, which are the subject of continuous growth and development, in view of the availability of wide audience of various gender and age categories, necessarily, from the author's position, create prerequisites to prostitution development. Especially it concerns minor consumers of multimedia network tools - Internet dating sites, social networks, etc. The system of correspondence between users, "closed" from a public inspection, in the shortest terms technically allows getting the "necessary acquaintances", which are smoothly passing into secret meetings in in advance stipulated places.
Thus, prostitution gains reserved lines, going to a cyberspace that creates difficulties for effective counteraction to it from law enforcement agencies.
The author believes that the scandalous slogan "sex, drugs, rock-n-roll", which was once formed tendencies to carrying out leisure of the western youth, gains more dangerous lines in the modern world. Emergence of sophisticated forms of drug traffic (today drug dealers master the Internet for clients' search11) plays a significant role in prostitution development as many prostitutes, being drug addicted, unconsciously break the law.
However, this law, according to the author, is too soft in relation to those people, who by their own antisocial example promotes moral falling of society and bear threat for its health. The statistical data shows that 57,0% of the HIV-positive people with the established risk factors of infection, found in 2013, pointed out the use of drugs by unsterile tools as the major factor of risk (2012 - 56,3%, 2011 - 55,8%, 2010 - 56,0%, 2009 - 58,7%)12. The author notes that nowadays the similar statistics in the sphere of prostitution is practically absent, because there are no necessary instruments of implementation of their similar account
Nevertheless, according to the data, received by Russian Consumers' Supervision in 2012, 479 women, engaged in prostitution, but not using injecting drugs, had blood tests, which showed that 13% of prostitutes (mainly from Ukraine, Central Asia and Africa), were infected13.
Therefore, as the author notes, there is the real need for criminalization of prostitution. However, it does not make any sense to send all revealed prostitutes, especially minors, to places of imprisonment. It is important to begin formation of the combined policy in criminal and legal understanding, where there is real, but not ephemeral punishment and opportunities, from the State, of providing treatment for drug addicted prostitutes and also for those, who undergone sexual violence, or have addictive sexual behavioral tendencies.
It should be noted that today in Russia there is a small amount of specialized medical institutions for treatment of drug addicted prostitutes and centers for psychosexual adaptation (not of advisory, but of complex medical character). For example, in Vladivostok minor prostitutes are located in the social and rehabilitation center "Parus Nadezhdy".14.
Nevertheless, by structural elements at the level of Ministries of Health of certain territorial subjects of the Russian Federation make separate attempts; however, there is no systematic work directed on identification psycho- and drug addicted from prostitution persons, according to the author.
For example, similarity of preventive activity in the sphere of medical and social counteraction of prostitution (according to the materials, published on the official site of the Republican center of
10
Bondarenko L.A. Prostitution of minors as a social and psychological phenomenon//Psychopedagogics in law enforcement agencies. 2014. No. 2 (57). Page 44.
11 See, for example: Tkachenko E. In Chelyabinsk region two young men//news agencies of "ITAR-TASS" are condemned for sale of synthetic drugs. News of the Urals. 19.08.2014.
12 Statistical data of the Center for prevention and fight about AIDS and infectious diseases. Access mode: http://www.medportaldv.ru/? s=9. Publication: Awareness - a necessary condition of prevention (release is prepared by office of epidemiology of TsPBSIZ of 30.06.2014 according to WHO materials, FNM, DV of the district and regional centers for prevention and fight about AIDS). Date of the address: 05.11.2014.
13 Information Meddaily Internet portal. Publication: Rospotrebnadzor will count HIV-infected among homosexuals and prostitutes. Date of the publication: 02.08.2013. Access mode: http://meddaily .ru/article/02aug2013/gse_vi4. Date of the address: 05.11.2014.
14 See: Minor workers of erotic salon from Vladivostok are sent to the Hope Sail center//"to the Message: Seaside". Federal State Unitary Enterprise VGTRK State TV and Radio Broadcasting Company Vladivostok branch. 04.02.2014.
Ministry of Health of the Republic of Tatarstan for prevention and fight against AIDS and infectious diseases) is realized within the social work, which is carried out on the minibuses on streets. Employees of "Snizheniye vreda" provide education and training of prostitutes and their clients in less risky sexual behavior, promotion of condoms, carrying out an exchange of syringes among drug-addicted people, extend condoms and literature on prevention of HIV/STD.
One of the methods is involvement of pimps for promotion the methods of less dangerous behavior and distribution of condoms and other materials of decrease in risk of infection among prostitutes on a voluntary basis.
As features of work, life and attitude towards health of drug-addicted prostitutes do not promote health care, medical services are situated near the places of their "work" and accommodation.
First, the specialists in skin and venereal diseases give consultations both in an office, in a bus and in places of their activity. Secondly, there was blood sampling on HIV, hepatitises, syphilis for drug-addicted prostitutes in the bus.
Thus, it was found out that 23% of prostitutes are HIV positive. All of them pass test consultation on HIV prevention. In coordination with city skin and venereal diseases service, prostitutes with syphilis go for treatment to the entrusted doctor in GSMO "Dermatovenereology". Now the same system works in GSMO "Narcology" for treatment of drug-addicted prostitutes15.
However, as the author considers, the mechanisms of prostitutes' treatment, realized at the level of medical institutions, are not effective in the field of counteraction to this harmful criminal phenomenon, as they are directed only on protection of physiological health of prostitutes and their clients. Meanwhile, it would be more logical to pay attention to psychosocial aspect of a problem of prostitution, especially among minors.
Stories of minor girls and young men about lack of means and the drinking parents can hardly be considered as objective and reliable information in the context of the a prostitution today. Many prostitutes come to profession, because they want to have a "good" life: expensive cars, elite housing, magnificent foreign rest and other pleasures.
Undoubtedly, modern prostitution promptly changes its "shape" both in external surroundings and in preferences of "women of easy virtue". Today already "it is not trendy" to freeze on the street waiting for clients. It is simpler, according to the minor girl, to have a rich man or two. The same statement concerns young men. Rich women order youn men within the escort services16.
Besides, as M.S. Kulikov marks out, man's homosexual prostitution also gains gradual distribution. According to the data, obtained after the scientific researches, "about 2% of total number of homosexuals are engaged in prostitution. Thus it is necessary to consider that this figure is approximate as statistical data on persons, with homosexual orientation and engaged in prostitution, are not presented"17.
The similar scheme of the veiled prostitution, when youth actually sells the body not only for money, but also for other forms of material benefit (in the form of expensive gifts, education payment, or rented housing, etc.), generates difficulties in application of Art. 240.1 of the criminal code of Russian Federation. The only way of criminal prosecution of minor sex services recipients is the personal address of persons, rendering similar services that is unprofitable to them.
The material support, or other remuneration, not expressed in a monetary form, paid for the rendered services of sexual character, according to the author, should also be determined as prostitution. Besides, there is no legal formulation of a concept "prostitution" in existing criminal and legal legislation, and the author considers it expedient to carry any form of "the paid sexual contact" as prostitution.
It should be noted that now the legislator pays much attention to policy of formation of criminal and legal sanctions for the crimes, connected with prostitution without paying attention to development of the accurate and uniformly understood criteria of qualification of the considered criminal phenomenon. In this regard, it is reasonable, from the author's point of view, to determine the concept of prostitution in the existing criminal code of Russian Federation as any form of the
15
Official site of GAUZ "The Republican Center for Prevention and Fight about AIDS and Infectious Diseases of Ministry of Health of the Republic of Tatarstan". Publication: "Technology of prevention among sex workers". Access mode: http://www.infospid.ru/index.php? cat=sqeaeq. Date of the address: 05.11.2014.
16 Men on a call//Women's online magazine "Elle.ru". Access mode: http://www.elle.ru/otnosheniya/psikho/muzhchini_po_vyzovy/. 09.08.2010. Date of the address: 05.11.2014.
17 Kulikova M. S. Homosexual prostitution as social phenomenon: history and present//TGU science Vector. 2010. No. 4 (14). Series "Right". Page 143.
sexual contact (and not just "classical" penis-vagina sexual act), which is carried out for material remuneration.
Without development of qualitative theoretical (first, conceptual) base and its competent introduction in standard legal support of criminal and legal counteraction of prostitution effective fight against this evil is impossible. In present time, in the lack of accurate qualification of this or that form of prostitution in the legislation, it is not possible, or is the extremely difficult, to call perpetrators to account. Sensitivity in aspect of ethics standards and morals on the questions connected with definition of key legal categories of prostitution is not pertinent as the urgent need ripened "to call things by their proper names", because the main aim is health and psychosocial wellbeing of children and teenagers.
What is the efficient way to struggle prostitution and to grow up physically and moral healthy youth with family values, aspiration to science and creativity, continuous personal development and improvement?
First, it is important to consider all nuances of the criminal and legal nature of this criminal phenomenon. The author categorically does not agree with a position of the famous psychologist and psychotherapist, specialist in family problems R. Garifullin, who safely declares that "for me as for the scientist-psychologist, the concept 'prostitution' does not exist ... Any woman has the subconscious program on survival. It is the nature, against it you will not go. At a certain stage the woman is ready to offer everything - to feed the child, to pay for housing, to pay off with debts, credits"18.
Subconscious reflex sets of stereotypic behavioral tendencies push the person to the animal beginning, at all sweeping aside all concepts about morals, law and order. And if you do not to develop yourself as a personality towards education, enrichment of an inner world by cultural and moral values, aspirations to scientific and creative heights, degradation is inevitable. Besides, lack of appliances to existence should not be motivation to a choice of exclusively easy money at all -to rendering erotic services. Now, according to official statistics, in Russia there is no deficiency of workplaces, everyone, proceeding from the level of educational abilities, professional skills, experience, state of health and personal preferences is able to get a job and, thereby, to ensure the family by worthy earnings. As the Deputy Prime Minister of the Russian Federation for social problems O. Golodets notes, "Today there is lack of personnel. We have 1 million 500 thousand vacancies and 1 million 200 thousand unemployed"19.
High quality updating of cultural components of modern activity of society has to become one of the major directions in the field of counteraction of prostitution of minors, according to the author. Here also can be referred the dethronement of "cult of sex and violence", strongly created by modern literature, photo and movie art, and also establishment of effective control behind distribution to the Internet of materials of erotic and pornographic character for the purpose of their timely identification and exposure of the guilty enters. However, sexual relations have to be under control, first of all, by individuals. In this connection, the perspective direction is the active family policy, social promotion of family values, care of carrying out leisure by youth, - it is important to provide moral improvement of youth in the risk group, dreaming of beautiful life without any efforts.
Other important step of legal character is criminalization of prostitution. The domestic legislator does not cease to surprise with unusual "innovative" approaches to formation of a legal framework of fight against the studied phenomenon.
Therefore, now the chairman of Committee on questions of family, women and children E. Mizulina, being one of the developers of the bill of elimination of administrative responsibility for prostitution, considers that "minors cannot be punished for prostitution. They are victims! In this case it is more correct to consider teenagers as the victims that also meets the international standards"20. Besides, Mrs. Mizulina notes "now in the administrative code it is said that prostitution penalty is set for the person, who reached 16 years. The minor can be punished for prostitution. This punishment in turn contradicts the Convention of the Council of Europe on protection of children from sexual exploitation and sexual violence. . So, on the one hand, we criminally punish clients of minor prostitutes and, on the other hand, we punish the children - by penalty"21.
18 To love or pay?//Rosbalt, 26.06.2010
19 Golodets: The number of workplaces in the Russian Federation exceeds number of the unemployed//Rosbalt. 07.02.2013.
20 See: Kozlova of N. Nevinovnye on age//the Russian newspaper. 14.01.2014.
21 In the same place.
It turns out that if the minor, rendering erotic services for material remuneration, made the choice independently, the state is ready to recognize him as the victim of circumstances that soundsnot only absurd, but also contradicts the common sense. Proceeding from this logic, minor prostitutes can "work" absolutely with impunity, actively promoting moral falling of society. The only way is to legalize same-sex marriages and to reduce age of marriage.
Tthe present prostitution in Russia is beyond the law. The lawyer from Tolyatti D. Tretyakov organized own enterprise of escort services and submitted the claim to the Samara arbitration court. Tretyakov demands from officials and legislators to develop regulatory base for rendering sexual services and to decriminalize the organization of prostitution. He motivates itwith desire "to bring this business out of a shadow that these women should have same rights, as other workers, pay taxes, have pensions, sick-lists, paid holidays and protection against an arbitrariness of any pimps and inadequate clients"22.
After the above-stated points of view on a prostitution problem in general, and minors, in particular, there are serious fears because of similar amendments of the current legislation (mainly, the criminal and legal sphere) prostitution will stop being the criminalized act. Earlier in scientific researches of minors' prostitution problems, the author puts forward the point of view, concerning the possibility of legalization of this phenomenon by analogy to many developed European countries.23
However, according to the author, it is hardly possible to realize this idea in Russia hardly, owing to promptly changing priorities in views of inhabitants and positions of legislators. The aspiration to full innocence of the minor, rendering sex services and, at the same time, criminal penalty for the person receiving these services, generates a certain imbalance in understanding of essence of regulatory function of the right. What punishment should have a person, receiving sex for money and being a minor himself? How to distinguish single sexual contact from systematic rendering of erotic services?
Answers to the matters, according to the author, is possible to receive only by strengthening the legal measures of fight against prostitution, as the antisocial criminal phenomenon. It is necessary to criminalize prostitution, according to the author, today. It is important to cease with a pity to "unfortunate children, became victims of circumstances", because all the modern generation does not know pity (as O. Afanasyev marks out, it is frequent to the crimes committed by minors, such lines, as excessive, nothing motivated cruelty are inherent24).
Certainly, this offer has to concern to the "children", who consciously chose paid erotic services as an earning source. For those teenagers, who was violently involved in prostitution, or involved by deception, blackmail and other illegal ways, it is represented to draw an analogy to measures of criminal and legal counteraction to human trafficking. Questions of differentiation of voluntary and compulsory participation in prostitution have to play an important role in the correct qualification of act. Moreover, if punishment for the minors, who are engaged in prostitution on coercion, can be limited to the placement to the specialized rehabilitation center, and if necessary, in medical institution. "Prostitutes on belief" have to bear responsibility fully (for example, in the form of a penalty, or restriction of freedom).
Based on the arguments stated above, the author suggests entering in the existing criminal code of Russian Federation of Art. 240.2 "Prostitution" and to state it in the following formulation: "Prostitution, singlor systematic rendering of sexual character services for material remuneration, is punished by a penalty in the amount of 40 to 80 thousand rubles, or the room in specialized medico-rehabilitation institution. The same act, made repeatedly, is punished by restriction of freedom for a period up to 2 years". Besides, from the author's point of view, it is necessary to bring in the offered norm specification that the age of criminal prosecution under this article comes from 14 years.
22
"Business deeply personal". The lawyer from Tolyatti demands to legalize prostitution and a pimping//the Internet portal "Lenta.Ra". 09.09.2014. Access mode: http://lenta .ru/articles/2014/09/09/prostitution/. Date of the address: 05.11.2014.
23
Stanskaya, A. A., edging. yurid. sciences, dots. Prostitution of minors - a social and legal problem of society / A. A. Stanskaya. Association Legal center. - nauch. - prakt. prod. - SPb.: Legal Press center, 2005. - 326 with: tab.;
24 See, for example: Afanasyeva O. Prestupnost of minors//Informative. 2013. No. 10.
Unfortunately, according to the author, presently only "Draconian laws" can make an effect. The modern youth often goes beyond all legal limits, without perceiving the well-known statement of Ch. Montesquieu "everything is authorized that is not forbidden by the law"25.
Post factum. It should be noted that the happy future of youth, filled with the joyful moments, pleasant impressions and positive emotions, the future in which such familiar concepts as family, love, diligence do not play a role of "hackneyed" clichés, but are the basis of human being. Future without dirt, platitudes and loathing, caused by prostitution, is in hands of teenagers. In addition, in the direction they should take many steps on the way to a celebration of provisions of the law and morals in everyday life as that is demanded from them by the modern many-sided civilized world.
REFERENCES
1. Savelyeva O. Dirty porno or winged Eros?//Business lawyer, 2000, No. 9.
2. The criminal code of the Russian Federation of 13.06.1996 N 63-FZ (an edition of 21.07.2014) (with amendment and additional, vstup. in force from 04.08.2014)//Collection of the legislation of the Russian Federation, 09.06.2014, No. 23, Art. 2927.
3. The federal law of 28.12.2013 No. 380-FZ "About modification of the Criminal code of the Russian Federation and the Code of criminal procedure of the Russian Federation"//Collection of the legislation of the Russian Federation, 30.12.2013, No. 52 (part I), Art. 6945.
4. The code of the Russian Federation about administrative offenses of 30.12.2001 No. 195-FZ (an edition of 22.10.2014)//the Russian newspaper, No. 244, 24.10.2014.
5. Stanskaya A.A. A current state and the directions of improvement of criminal and legal policy of measures of prevention in the sphere of counteraction of prostitution of minors//Modern scientific researches. Release 2 - the Concept. - 2014.
6. The shocking data of the Ministry of Internal Affairs reported deputies of the State Duma: in occupation prostitution in Russia involved about one million people//"Ekho Moskvy", 26.01.2013.
7. In the same place.
8. See: V. Sdelano's sandpipers with loving care: it is offered to strengthen punishment for a pimping//the Russian newspaper. 14.10.2014.
9. Stanskaya A.A. Problems and the directions of legal counteraction to formation of associative addiktivny sexual tendencies in behavior of female minors under influence of information space//Russia in the 21st century: Economic, legal and welfare prospects of development. MF I LIE of A.S. Pushkin. It is prepared for printing - January, 2015.
10. Bondarenko L.A. Prostitution of minors as a social and psychological phenomenon//Psychopedagogics in law enforcement agencies. 2014. No. 2 (57). Page 44.
11. See, for example: Tkachenko E. In Chelyabinsk region two young men//news agencies of "ITAR-TASS" are condemned for sale of synthetic drugs. News of the Urals. 19.08.2014.
12. Statistical data of the Center for prevention and fight about AIDS and infectious diseases. Access mode: http://www.medportaldv.ru/? s=9. Publication: Awareness - a necessary condition of prevention (release is prepared by office of epidemiology of TsPBSIZ of 30.06.2014 according to WHO materials, FNM, DV of the district and regional centers for prevention and fight about AIDS). Date of the address: 05.11.2014.
13. Information Meddaily Internet portal. Publication: Rospotrebnadzor will count HIV-infected among homosexuals and prostitutes. Date of the publication: 02.08.2013. Access mode: http://meddaily .ru/article/02aug2013/gse_vi4. Date of the address: 05.11.2014.
14. See: Minor workers of erotic salon from Vladivostok are sent to the Hope Sail center//"to the Message: Seaside". Federal State Unitary Enterprise VGTRK State TV and Radio Broadcasting Company Vladivostok branch. 04.02.2014.
15. Official site of GAUZ "The Republican Center for Prevention and Fight about AIDS and Infectious Diseases of Ministry of Health of the Republic of Tatarstan". Publication: "Technology of prevention among sex workers". Access mode: http://www.infospid.ru/index.php? cat=sqeaeq. Date of the address: 05.11.2014.
16. Men on a call//Women's online magazine "Elle.ru". Access mode: http://www.elle.ru/otnosheniya/psikho/muzhchini_po_vyzovy/. 09.08.2010. Date of the address: 05.11.2014.
17. Kulikova M. S. Homosexual prostitution as social phenomenon: history and present//TGU science Vector. 2010. No. 4 (14). Series "Right". Page 143.
18. To love or pay?//Rosbalt, 26.06.20
19. Golodets: The number of workplaces in the Russian Federation exceeds number of the unemployed//Rosbalt. 07.02.2013.
20. See: Kozlova of N. Nevinovnye on age//the Russian newspaper. 14.01.2014.
21. In the same place.
25
Montesquieu Charles Louie. About spirit of laws. - M.: "Thought", 1999. ISSUE 4, 2014
22. "Business deeply personal". The lawyer from Tolyatti demands to legalize prostitution and a pimping//the Internet portal "Lenta.Ra". 09.09.2014. Access mode: http://lenta .ru/articles/2014/09/09/prostitution/. Date of the address: 05.11.2014.
23. Stanskaya, A. A., edging. yurid. sciences, dots. Prostitution of minors - a social and legal problem of society / A. A. Stanskaya. Association Legal center. - nauch. - prakt. prod. - SPb.: Legal Press center, 2005. - 326 with: tab.;
24. See, for example: Afanasyeva O. Prestupnost of minors//Informative. 2013. No. 10.
25. Montesquieu Charles Louie. About spirit of laws. - M.: "Thought", 1999.
THE ROLE OF FOLK COSTUME IN THE CONTEXT OF THE YENISEI REGION SONGS
Abstract. The paper attempts to systematic coverage of folk costumes and songs of the Yenisei region. The main attention is paid to a Siberian traditional costume, which is important for understanding a stage image of folklore performers.
Keywords: Russian folk costume; clothes; fabric; tradition; folk songs; the Yenisei region. LYUDMILA TULAEVA
Associate Professor, dean, Theatre Department, Krasnoyarsk Academy of Music and Theatre,
Krasnoyarsk
tulaeva_lv@mail. ru
A Russian folk costume is a significant part of national culture in breadth and depth of relationships and the richness of its expression. Figurative and stylistic structure of a national costume visibly reflected religious and magical, ethical and aesthetic ideas of the people, its temperament and character, level of spiritual and material culture.
A traditional costume as a folk and song art is an extremely rich and manifold phenomenon.
Collecting and studying of ethnographic material began only in the second half of the XIX century. Up to 40-50-ies of XX century Russian peasantry carried the ethnic specificity of the Russian people. A.P. Shchapov and S.S. Pashkov revealed the depth of culture and life of the Russian Siberians.
V.S. Arefeva and A.A. Makarenko studied a song theme in the traditional culture in the XIX century, F.F. Bolonyova, A.M. Mehnetsova - in the second half of the XX century. N.A. Novosyolova, K.M. Skoptsova, N.A. Shulpekova devoted the researches to the song theme in the Krasnoyarsk Region. The results of the researches are of a great interest from both scientific and practical points of view.
A Siberian traditional costume and folk songs have a clear differentiation, associated with the peculiarities of land settlement, located to the east of Kamen' (the Urals). The Russian population of Siberia can be divided into the old residents and re-settlers of the second half of XIX-early XX century by the difference in culture and dialects and time of resettlement. The end of exploration of the Priyenisian Krai formed a constant population, adapted to local conditions. On the one hand, these people maintained the "precepts of ancestors" and, on the other hand, they had to adapt to present conditions.
Old-residents appeared in the XVII-XVIII centuries and the national structure of settlers varied greatly. A North-Russian type of people predominated, what influenced on both national costume and single musical and ethnographic phenomena having with great stylistic features of community.
Re-settlers appeared in the Russian settlements in the XIX-early XX century. There are western Russian, central Russian and northern Russian stylistic directions, which combine the traditions of disparate communities with their original culture.
A Russian folk costume is an important mean of education. In those days, it was one of the elements of public education, as traditions, feasts, folk philosophy, ideology, folklore, neatness and beauty were educational elements of a folk culture. A folk costume is a source of creativity, factor of artistic, aesthetic, ethical attitudes and outlook; it was a proof of creative abilities and capabilities of the Russian people.
As a form of art, a Russian folk costume had a syncretic character, as it was an integral part of ritual syncretism, which also included such forms as song, dance, instrumental melodies, games, works of verbal poetry, ritual and household attributes.
