The main paradox of this situation is that BEB employees started with those who voluntarily registered as individual entrepreneurs, declared their income and paid taxes. Is there any logic in hitting those who followed the rules? If you have ever filled out a tax return, you know that it is not the most pleasant activity. However, the OnlyFans models not only did this, but also paid significant amounts of Criminalization of honesty taxes to the budget. What did they get in return? Searches and accusations.
Criminal liability: absurdities of practice
Ukrainian legislation has not yet learned to distinguish the key to consistent flow for your business between erotica, sexual content, and pornography. The lack of clear definitions in the law, as well as the absence of effective regulations such as Order No. 212 of the Ministry of Culture, leaves judges and law enforcement Criminalization of honesty agencies the opportunity to interpret the situation at their own discretion.
In my practice as a lawyer, I have seen decisions that border on the absurd:
Kremenchuk, 2023. A couple received a probationary period for producing video content for OnlyFans. Did they have the intention to distribute pornography? The answer is rhetorical, because the content was posted on the platform for subscribers who voluntarily pay for access.
Kyiv, 2024. A fine of 35,700 UAH for filming erotic videos. During the 20 tips for optimizing landing pages to increase conversions investigation, the police bought access to the content for conducting an examination.
Doesn’t this turn into financing the same activity for which the person was held accountable?
Dnipro, 2022. A woman received a suspended sentence for posting erotic photos that showed her naked body. However, experts were unable to clearly indicate that it was pornography.
The key point is the lack of unified standards for evaluating content. What is “aesthetics” for one expert commission may be “pornography” for another. As a result, citizens are faced with selective justice.
The question arises: is this a systemic problem or banal ignorance? Of course, aol email list Ukrainian legislation on taxation of income from activities in the field of digital content has not yet been adapted to modern realities. However, the use of criminal prosecution as a means of solving the problem looks more like a manifestation of institutional cruelty.