Sexual abuse as a criminal category

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Introduction: the article examines the criminal features of the qualification of the crime under Article 135 "Sexual Abuse" of the Criminal Code. Materials and Methods: logical, system-structural and statistical methods were used in the work. The materials of the study were the norms of Criminal legislation of the Russian Federation and foreign countries, the provisions of the Plenum of the Supreme Court of the Russian Federation, scientific literature. Results: in the article the characterization of conduct of the acts under Article 135 of the Criminal Code of Russian Federation "Sexual abuse". Features of qualification of dissolute actions, including their difference from the adjacent structures provided by Articles 132 and 134 of the Criminal Code of the Russian Federation are investigated. The criteria of the specified delimitation are defined. On the basis of the analysis of the considered norm, legal errors made In formulating of the Articles of Chapter 18 of the Criminal Code, as well as the lack of the necessary statutory interpretation of the terms specified in the law, are revealed. The features of the qualification of violent sexual acts carried out through the Internet. Discussion and Conclusions: in order to further improve the norms on sexual crimes, the necessity of expanding the disposition of Article 134 of the Criminal Code to the name of this norm is justified. In addition, the term "sexual acts" should be officially disclosed, by defining it through the penetration of the perpetrator into the natural cavity of the victim. The age of full protection of minors against sexual assault should be raised from 12 to 14 years. In the future, the reform of the norms regarding sexual crimes should suggest amendments in Chapter 18, and Articles 240-242.2 of Chapter 25 of the Criminal Code in view of the direct regulation of the Articles of sexual relations. The main vector of total changes to the rules should be the allocation of self-regulation acts in this direction committed against minors.

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Короткий адрес: https://sciup.org/142214757

IDR: 142214757   |   DOI: 10.24420/KUI.2018.32.13971

Статья научная