Legal problems of application of criminal liability for involving a minor in actions that present a danger to the life of a minor

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Introduction. Ensuring and protecting the rights and legitimate interests of children is a priority area of government policy, which includes creating a safe environment for normal physical and psychological development of children. The most significant threat to normal physical and emotional development of minors are crimes, protection from which is ensured through a system of legal measures. Within this system, the main focus is on protecting minors from involvement in crime, which is considered a prerequisite to criminalizing minors. Given the high level of public danger associated with criminal involvement of children, as well as their social condition and prevalence, legislators have expanded the list of prohibited actions that can lead to criminal prosecution, including those that endanger the lives of minors and involve them in illegal activities. Despite these efforts, the current legislation, as outlined in Article 151.2 of Russia's Criminal Code, has not been effective in combating juvenile delinquency and requires further improvement. This article addresses some legal issues related to applying criminal liability for involvement of minors into illegal activities that threaten their lives. Materials and Methods. The basis of the research is the Constitution of the Russian Federation, criminal procedure legislation, and resolutions of the Plenum of the Supreme Court of the Russian Federation. The methodological basis of the study was the general dialectical method of scientific knowledge, as well as cognitive methods of generalization, description, observation techniques, comparison and analysis. The Results of the Study. The conclusion is formulated that inducement is a type of involvement in illegal acts and its allocation in the disposition of the norm is unnecessary, and the lack of legislative clarification of these concepts leads to subjective, sometimes an erroneous interpretation of the content of actions that form the objective side of the crime in question. Findings and Conclusions. The conclusion is made that declination is a type of involvement and its allocation in the disposition of the norm is unnecessary, and the absence of their legislative clarification leads to a subjective, sometimes erroneous, interpretation of the content of the actions that form the objective side of the crime in question.

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Minor, juvenile delinquency, inducement, involvement in the commission of illegal acts, Article 151.2 of the Criminal Code of the Russian Federation

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IDR: 143185269   |   УДК: 343.9