Morality and sexual inviolability as criteria for differentiating adjacent corpora delicti

Автор: Ogorodnikova Nina Vladimirovna

Журнал: Теория и практика общественного развития @teoria-practica

Рубрика: Право

Статья в выпуске: 6, 2019 года.

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The study analyzes the rules providing for the protection of minors in such spheres as sexual freedom, sexual inviolability, and public morality. In particular, the research analyzes the dispositions and sanctions of the rules of responsibility for non-violent offenses against minors stipulated in Article 134 and listed in Chapter 18 of the Criminal Code of the Russian Federation depending on the nature and importance of an object of criminal legal protection. Besides, the author examines the dispositions and sanctions of the rules of responsibility for the involvement in prostitution and the use of sexual services from minors set out in Articles 240 and 240.1 of Chapter 25 of the Criminal Code of the Russian Federation. Their comparison reveals the non-compliance with the system approach by the legislator when constructing the criminal bans to stop adjacent infringements of physical (sexual), moral development and education of minors. While describing the dispositions, the legislator should take the system approach into consideration to construct corpora delicti in case of similar or adjacent objects of crimes. In addition, the legislator should provide the clear and correct wording of criminal bans, the fullness of sanctions in line with expectations of a fear correlation of the level of punishability with the nature and extent of public danger posed by a crime, the circumstances of its commission, and the personality of a perpetrator.

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Object of criminal legal protection, morality, sexual freedom, sexual inviolability, minors, level of punishability, fullness of sanctions, responsibility

Короткий адрес: https://sciup.org/149132868

IDR: 149132868   |   DOI: 10.24158/tipor.2019.6.10

Статья научная