Russian Studies in Law and Politics (Jun 2024)

IMPROVING THE LEGISLATION OF THE RUSSIAN FEDERATION IN THE FIELD OF COMBATING CRIMES ARISING FROM MARRIAGE AND FAMILY RELATIONS

  • Mikael N. Akhmedov,
  • Alina E. Muravyova

DOI
https://doi.org/10.12731/2576-9634-2024-8-2-177
Journal volume & issue
Vol. 8, no. 2
pp. 4 – 15

Abstract

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The article examines the features of crimes arising from marriage and family relations, and examines modern forms and methods of combating them. Based on the analysis of these forms and methods, problems of preventing and combating crimes arising from marriage and family relations are identified; it is concluded that the main problem is the presence of gaps in the current legislation regulating the area of ​​legal relations under consideration. The authors propose ways to solve the problems of combating crimes arising from marriage and family relations, one of which is the introduction of amendments to the current legislation of the Russian Federation. In conclusion, the authors conclude that crime in the sphere of marriage and family relations cannot be completely eliminated, however, the measures proposed by the authors to combat it can help reduce the rate of its spread in Russian society. Purpose and methods. The purpose of the study is to identify problems of preventing and combating crimes arising from marriage and family relations, and to propose ways to solve them. To achieve this goal, the dialectical method of cognition was used within the framework of the study, providing a scientific approach to the study of phenomena. Results. The main problems of the legislation of the Russian Federation in the field of combating crimes arising from marriage and family relations have been identified. To increase the effectiveness of the fight against crimes arising from marriage and family relations, ways to improve criminal and family legislation have been proposed. Conclusions. 1) The need to consolidate at the legislative level the concept of “domestic violence” within the framework of the adoption of the federal law on the prevention of domestic violence; 2) consolidating at the legislative level the concept of actual marital relations with a view to possibly classifying their participants as subjects of crimes arising from marital relations; 3) expanding the content of the term “persons close to the victim”, found in the Criminal Code of the Russian Federation, by including in it all persons living in the same premises with the person who committed the crime and leading a joint household.

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