Russian Journal of Economics and Law (Mar 2017)

CRIMES AGAINST THE SEXUAL INVIOLABILITY OF MINORS ACCORDING TO THE CRIMINAL CODES OF RUSSIA AND SOME FOREIGN COUNTRIES

  • M. V. Gusarova

DOI
https://doi.org/10.21202/1993-047X.11.2017.1.160-169
Journal volume & issue
Vol. 11, no. 1
pp. 160 – 169

Abstract

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Objective: to study the norms on crimes against sexual inviolability of minors in the Russian Criminal Code and the laws of some foreign countries.Methods: comparative-legal, systemic-structural, sociological.Results: the article analyzes the norms of the Russian criminal legislation and legislations of some foreign countries on crimes against sexual inviolability of minors, and formulates conclusions and recommendations for further improvement of the Russian criminal legislation in this sphere. Scientific novelty: basing on the study of the criminal law of foreign countries in the sphere of combating crimes against sexual inviolability of minors, the author formulates suggestions to further improve the criminal legislation of the Russian Federation regarding the protection of minors against sexual abuse. In particular, the necessity is proved to formulate a number of independent standards on sexual crimes against minors taking into account the characteristics of a victim, to register the qualifying circumstance - the sexual act aimed at a minor committed by a relative, legal representative or other person on whom the minor is dependent, and also to provide the increased criminal liability for incest involving a minor. Practical significance: the main provisions and conclusions of the article can be used in research and teaching when considering the comparative characteristics of the regulations on crimes against sexual inviolability of minors in the Russian legislation and that of foreign countries, as well as when further reforming the Russian legislation in the sphere of sexual freedom and sexual inviolability of an individual.

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