Науково-інформаційний вісник Івано-Франківського університету права імені Короля Данила Галицького (Jun 2023)
Topical issues of criminal offenses against sexual freedom and sexual inviolability of the person
Abstract
Purpose. The aim of the work is to study topical problems of criminal offenses against sexual freedom and sexual inviolability of a person; to outline positive changes and shortcomings of innovations; to formulate offers for the improvement of existing criminal-law norms in this area. Methodology. The methodology includes a comprehensive analysis and generalization of available scientific-theoretical, legislative material and the formulation of relevant conclusions. During the research, the following methods of scientific knowledge were used: comparative-legal, logical-grammatical, systemic-structural, modeling ones. Results. In the research process, it was recognized that the current criminal legislation of Ukraine lacks a unified approach to the definition of the criminal offenses against sexual freedom and sexual immunity of a person. It became especially noticeable after the changes made to the Criminal Code of Ukraine in recent years, as a result of which the traditional approach to the concept of rape was changed, the list of actions of sexual nature with a young person and coercion to enter into sexual intercourse (sexual abuse) a minor was expanded, responsibility for sexual violence and child molestation was established. In this regard, there was a necessity for a more detailed analysis of legislative initiatives regarding the formation of a perfect model of criminal-law norms in Chapter IV of the Special Part of the Criminal Code of Ukraine with the aim of effective countering the commission of criminal offenses against the sexual freedom and sexual inviolability of a person. Scientific novelty. In the process of research, a number of both progressive and not entirely successful provisions in the current criminal legislation regarding actions related to violations of sexual freedom and sexual inviolability of a person have been identified; they can be taken into account in the future for legislative initiatives regarding criminal liability for criminal offenses in this sphere. Practical significance. The results of the research could be used in law-making activities in the further improvement of national criminal legislation regarding criminal offenses against sexual freedom and sexual immunity of a person, as well as in the educational process during the teaching and learning of the academic disciplines “Topical issues of criminal law and process” and “Criminal law of Ukraine. A special part”.
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