Enhancing of the criminal policy in the sphere of protection of persons in a helpless state

The article defines the main directions of enhancing the criminal policy in the sphere of protection of persons in a helpless state. At the moment any prescribed by criminal legislation crime can be committed against a helpless victim, which would impacted to life, health, dignity of a person, to personal ownership of citizens, as well as certain crimes against the public order and soldiering. Therewith the scientific-technical progress and the development of social relations, cataclysms which are shattering our country, they are bringing to life the new not previously practiced forms of criminal expressions, connecting with intentional bringing of the victim to a helpless state, either using already existing helpless state of the victim. Existing criminal legislation does not define the legal conception "helpless state of the victim" and it does not establish criteria of its evaluation, herewith the absence of a legislative definition of this conception leads to ambiguous interpretation of this legal category by a law enforcer and which entails either unreasonably extended application, or, vice versa, diminishing the scope of its use. In addition, in judicial literature there is not developed clear understanding of the helpless or dependent state of the victim, which could have a criminal-legal and criminal-procedure importance. Procedural status of such persons has not yet been examined. In the criminal legislation of the Russian Federation there are defined various ways and protection methods of personal freedom of a human, its sexual freedom and economic liberty, the primary constitutional rights and freedoms. It is necessary to assess their protection level on different grounds that to ascertain which of the above mentioned freedoms are more protected. In order to enhance organization level of criminal-legal preservation of socially disadvantaged persons, useful, in our view, to amend dispositions of several articles of a special part of the Criminal Code of the Russian Federation.