scholarly journals THE TOPICAL ISSUES OF LEGISLATIVE REGULATION OF CRIMINAL OFFENSES AGAINST SEXUAL FREEDOM AND PERSONAL INVIOLABILITY

2021 ◽  
pp. 143-150
Author(s):  
B. M. Orlovskiy ◽  
I. A. Osadcha
Keyword(s):  
Sexual Intercourse ◽  
Criminal Law ◽  
Legal Protection ◽  
Criminal Code ◽  
Practical Application ◽  
Sexual Freedom ◽  
Legal Norms ◽  
Criminal Offenses ◽  
Voluntary Consent ◽  
Legislative Regulation

The article is devoted to the study of topical issues of legislative regulation of criminal offenses against sexual freedom and sexual integrity of the person, provided for Articles 152–1561 of the Criminal Code of Ukraine. In the process of research the author identified a number of shortcomings and gaps in their legislative regulation, namely: 1) contradictions in terms of «the child» (the Criminal Code does not specify which age group is included in this concept), «the minor» (a person aged 14 to 18 under Article 32 of the Civil Code of Ukraine) and «the person under 16 years of age». These contradictions arise between the content of the dispositions and the titles of Articles 156 «Corruption of minors» and 1561 «Solicitation of children for sexual purposes» of the Criminal Code of Ukraine; 2) it lack of legislative concretization of the concept of «indecent assault» in Art. 156 «Corruption of minors»; 3) dualism and competition of legal norms in the application of Part 4 of Art. 152 «Rape» and Art. 155 «Committing acts of a sexual nature with a person under the age of sixteen», associated with the presence in both articles of the possibility of «voluntary consent» of «the person under 14 years of age» to commit sexual intercourse; 4) clarification of the possibility of practical application of Art. 1561 «Sexual harassment of a child». The author proposed the following changes and additions to the provisions of the Criminal Code of Ukraine to eliminate these shortcomings: 1) to formulate the name of Art. 156 as «Corruption of a person under the age of sixteen» and Art. 1561 as «Solicitation for sexual purposes of a person under the age of sixteen»; 2) to define the concept of «lecherous acts» in Art. 156 «Corruption of minors», for example, as «acts related to the physical and/or intellectual depravity of the victim in the sexual sphere», including those related to «exposure or touching the genitals, incitement to natural and unnatural sexual intercourse, conducting cynical conversations on sexual topics»; 3) to exclude from the text of the disposition part 4 of Art. 152 the concept of «voluntary consent» and supplement Art. 155 by the part 3, that provides the next: «The acts provided in part one of this article, committed against a person under the age of fourteen, – will be punishable by imprisonment for a term of ten to fifteen years». It is the presence of legible, consistent and justified criminal law norms in criminal offenses against sexual freedom and integrity of the person will ensure reliable legal protection of moral values of the child and society in Ukraine and proper implementation of criminal law policy of the Ukrainian state.

scholarly journals Consent in criminal offences against sexual freedom and sexual inviolability of a person

2021 ◽  
pp. 15-17
Author(s):  
Tetiana ZAVHORODNIA
Keyword(s):  
Sexual Violence ◽  
Sexual Intercourse ◽  
Violence Against Women ◽  
Criminal Law ◽  
Criminal Code ◽  
Sexual Freedom ◽  
Criminal Offense ◽  
Criminal Offenses ◽  
Voluntary Consent

Introduction. Combating sexual violence still remains one of the most important issues arisen in criminal law study. It should be noted that Istanbul Convention on preventing and combating violence against women and domestic violence is still not ratified by Ukraine, which shall facilitate quality of criminal law concerning criminal offences against sexual freedom and sexual inviolability of a person. The purpose of the paper is to define meaning and content of consent in criminal offenses against sexual freedom and sexual inviolability of a person provided for in Section IV of the Criminal Code of Ukraine. Results. The paper establishes that lack of consent is a constructive sign of rape (article 152 of the Criminal Code), sexual violence (article 153 of the Criminal Code) and coercion to have sexual intercourse (article 154 of the Criminal Code). The ways of solving arisen problems during the qualification of situations in which a person mistakenly believes that consent was given, as well as when consent was not given explicitly, have been determined. It is recommended to clarify the content of "voluntary consent" by indicating in the note to Article 152 of the Criminal Code, actions which shall not indicate voluntariness of consent. The paper notes that using the collocation "without voluntary consent" is superfluous in Articles 153 and 154 of the Criminal Code, since "coercion" and "violence" also indicate absence of voluntary consent. It has been established that consent is a distinguishing feature of a criminal offense provided for in Article 155 of the Criminal Code from Articles 152 and 153 of the Criminal Code, thus sexual intercourse with a person from 14 to 16 years with her consent indicates the commission of a criminal offense under Art. 155 of the Criminal Code. It is proposed to supplement Article 155 of the Criminal Code with the clause “in the absence of signs of criminal offenses under Art. 152 and art. 153 of the Criminal Code”. Conclusion. The paper provides that consent shall be both constructive and distinguishing feature of criminal offences against sexual freedom and sexual inviolability. Several problems of consent in such crimes are defined as well as ways of their solution.

scholarly journals The problems of criminal protection of persons in Ukraine

2020 ◽  
pp. 50-57
Author(s):  
Serhii Kirienko
Keyword(s):  
Criminal Law ◽  
Elderly Person ◽  
Legal Protection ◽  
Criminal Code ◽  
Sexual Freedom ◽  
Voluntary Consent ◽  
Criminal Protection ◽  
Definition Of ◽  
A Minor ◽  
Criminal Legislation

The article is devoted to the problems of criminal legal protection of a person in Ukraine. The number of articles of the Criminal Code of Ukraine (for example, Articles 115, 116, 117, etc.) do not take into account the specific features of those socially dangerous acts, for which they provide for liability, which does not allow to provide them with adequate criminal law assessment. The author analyzed the components of individual crimes that affect the life, health, sexual freedom and sexual integrity of a person. Based on the study, conclusions were made on the need for changes and additions to the current criminal legislation of Ukraine. It is proposed to understand murder as the most intentional unlawful infliction of death of another person and to abandon the term «murder through negligence», replacing it with «infliction of death through negligence» in Art. 119 of the Criminal Code of Ukraine. In this regard, it is proposed to replace the term «premeditated murder» with «murder» in Articles 115, 116, 117, 118 of the Criminal Code of Ukraine. It is also proposed to provide in Part 2 of Art. 115 of the Criminal Code of Ukraine as qualifying features of a crime murder of a minor, elderly person and representatives of other vulnerable categories of the population. The article points out the inexpediency of using the term «systematic» for actions for which liability is provided in Articles 116 and 120 of the Criminal Code of Ukraine, as it deprives them of the possibility of their application in the case of a single act, proposes a new version of Articles 116, 117 and 120 of the Criminal Code. while the latter contains a definition of «suicidal tendencies». The author proposes to exclude Art. 126-1 of the Criminal Code of Ukraine, as it is incorrectly drafted, contains ambiguous terms and duplicates existing criminal law. A new version of the disposition of Part 1 of Art. 152 of the Criminal Code of Ukraine is proposed and indicated the need to take into account the voluntary consent of a person under 14 years of age in the classification of crimes against sexual freedom and sexual integrity of a person. Key words: crime, responsibility, qualification, term.

scholarly journals FEATURES OF CRIMINAL AND LEGAL PROTECTION OF ECONOMIC AND OTHER INTERESTS OF SUBJECTS OF THE INTELLECTUAL PROPERTY RIGHTS ON UKRAINIAN LANDS UNDER THE CRIMINAL PROVISIONS OF 1903

2019 ◽  
Vol 4 (44) ◽  
pp. 40-50
Author(s):  
Oksana Korotiuk
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Criminal Law ◽  
Criminal Liability ◽  
Legal Protection ◽  
Criminal Code ◽  
Patent Law ◽  
Legal Norms ◽  
Significant Difference

The article analyzes the criminal law provisions of the Criminal Code of 1903, which provided the responsibility for encroachments on objects of intellectual property rights, and defined the peculiarities of criminal legal protection of economic and other interests of subjects of intellectual property rights in Ukrainian lands according to these criminal legal norms. The Criminal Code of 1903 was marked by a significant difference from the Criminal Code of 1845, expressed as a significant reduction in the number of criminal acts, the general humanization of criminal punishment, and in a more progressive approach to the design of criminal law. For example, in Art. 1, the principle of "nullum crimen sine lege" was directly affirmed for the first time, while in criminal laws of earlier times it was laid down but only proceeded from the general content of the articles. Analysis of the criminal law of the Criminal Code of 1903 provisions allowed to conclude that the criminal legal protection of objects of intellectual property rights was carried out at the expense of: 1) criminal law, which provided for liability for attacks on objects of copyright and patent law. In this case, the legal protection of copyright objects was closely linked to the censorship and, in fact, was inseparable from it; 2) the provisions establishing criminal liability for actions related to the disclosure of secrets; 3) provisions relating to the introduction of goods into the market and their circulation there, as well as the importation of goods into the territory of the Russian Empire, which provided for liability for the following acts: a) acts related to the illegal manufacture of works and their introduction into circulation, in including the illegal circulation of equipment that may be used for the illicit manufacture of works; b) acts related to the illicit sale or other distribution of works; c) other acts related to the illegal circulation of objects of intellectual property rights.

scholarly journals System approach in criminal law: achievements and prospects of application

2021 ◽  
Vol 2 (20) ◽  
pp. 11
Author(s):  
V. F. Obolentsev
Keyword(s):  
Social Relations ◽  
Criminal Law ◽  
Systems Engineering ◽  
System Approach ◽  
Criminal Code ◽  
Law System ◽  
Legal Norms ◽  
Criminal Offenses ◽  
Systemic Nature ◽  
Law Regulation

The solution of fundamental problems of criminal-law regulation should be carried out taking into account doctrinal scientific developments and the latest achievements of scientific and technological progress. In this sense, using of a system approach is expanded, which has now received significant instrumental support in the format of information technology and software. A system approach is a methodological direction of scientific knowledge of system objects by means of system engineering, which is implemented in two main areas – in the field of methodology and theory, and in the field of specific applications. The aim of the paper is a comprehensive description of using of system approach in domestic criminal law. The task is to outline the prospects of applying a system approach in domestic criminal law, taking into account the latest technologies of systems engineering. Criminal law in its essence can be understood as a system of information (knowledge) that outlines the criminal offenses’ types and criminal law measures of state reaction to them. As a systemic object, this phenomenon is characterized by several circumstances. System components of criminal law. First of all, the authors are talking about the systemic nature of a crime, according to which the system of criminal law regulation is oriented. The systems are also criminal law provisions. Their structural elements-subsystems are hypothesis, disposition and sanction The system of criminal law has its own structure. The initial elements of its structure are criminal law. This also includes atypical regulations: criminal law constructions, legal presumptions and fictions. According to the degree of generalization, legal norms and atypical normative prescriptions are united into legal institutions. The systemic structure of the studied system object is manifested in the multiplicity of relations between them. System connections of criminal law. In the system of criminal law, informational connections are realized. Functioning of criminal law system in the system environment. Through the mechanisms of rule-making, information from protected social relations is introduced into it from the outside, and through the mechanisms of law enforcement, it affects its environment. According to the system approach, a model of the crime system and the system of the Criminal Code of Ukraine is proposed, developed on the basis of IDEF0 notation

scholarly journals Criminal law regulation in the professional activity of a journalist

2020 ◽  
pp. 171-180
Author(s):  
Oleksandr Ostrohliad
Keyword(s):  
Criminal Law ◽  
Legal Protection ◽  
Criminal Code ◽  
Practical Significance ◽  
Professional Activity ◽  
Special Role ◽  
Professional Activities ◽  
Criminal Offenses ◽  
Criminal Legislation ◽  
Law Regulation

Purpose. The purpose of the work is to determine certain aspects of criminal law regulation of a journalist's professional activity. Indicate the elements of such regulation. Draw a distinction between the protection of the professional activity of a journalist and his personality, as a representative of society, performing a special role. Analyze certain features of the protection of the professional activity of a journalist in countries that have a part of a common history with Ukraine. The methodology. The methodology includes a comprehensive analysis and generalization of the available scientific and theoretical material and the formulation of appropriate conclusions and recommendations. In the course of the research, the following methods of scientific knowledge were used: terminological, logical-semantic, system-structural, logical-normative, comparative-legal. Results in the course of the conducted research it was determined that the professional activity of a journalist has sufficient protection by criminal legislation. As for the protection of the journalist himself, it can be considered excessive, which is also indicated by a superficial analysis of the criminal legislation of certain foreign countries. On the basis of a comparative study, it was determined that the draft Criminal Code of Ukraine eliminates certain problems of excessive criminal legal protection of the journalist’s personality. Scientific novelty. In the course of the research, it was established that the elements of protection of the professional activity of a journalist and his personality can be divided into three conditional groups: 1) protection of professional activity, 2) protection of the personality of a journalist and his rights, 3) some immunities of professional activity, that is, non-recognition of certain actions as a criminal offense journalist. As for the criminal offenses, to the commission of which the journalist may be involved, the conditional division can be - offenses related to professional activities and offenses not related to such. Practical significance. The results of the study can be used in law-making activities to improve the norms of the current legislation providing for the protection of the professional activity of a journalist, as well as for further scientific research on the issues of protecting a journalist and his professional activity in Ukraine.

scholarly journals Problematic issues relating to the age of the victim of the corruption of minors

2020 ◽  
Vol 5 (5) ◽  
pp. 260-263
Author(s):  
Vadym Fursa
Keyword(s):  
Sexual Abuse ◽  
Sexual Intercourse ◽  
Criminal Law ◽  
Sexual Exploitation ◽  
Criminal Code ◽  
Council Of Europe ◽  
Voluntary Consent ◽  
Special Part ◽  
A Minor ◽  
Theoretical Developments

In the article, based on the analysis of theoretical developments in criminal law and current provi-sions of Section IV of the Special Part of the Criminal Code of Ukraine, an attempt is made to analyze the institution of a victim of lewd acts. In particular, the article states that the Law of Ukraine of March 14, 2018 "On Amendments to the Criminal Code of Ukraine on Protection of Children from Sexual Abuse and Sexual Exploitation" amended the wording of Articles 155 and 156 of the Criminal Code of Ukraine and actually met the requirements of Art. 18 of the Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse as regards the recommendation to member states to determine the age at which sexual intercourse with a child is prohibited, even with the latter's voluntary consent, stipulating that any sexual age is prohibited relationship with a minor is 16 years old.

Criminal Characteristic of the Object of Bankruptcy Crimes

2015 ◽  
Vol 3 (7) ◽  
pp. 0-0
Author(s):  
Сергей Кубанцев ◽  
Sergey Kubantsev
Keyword(s):  
Law Enforcement ◽  
Social Relations ◽  
Criminal Law ◽  
Legal Protection ◽  
Criminal Code ◽  
Direct Object ◽  
Special Part ◽  
Legislative Regulation ◽  
Specific Object ◽  
Definition Of

The article raises the question of the object of a bankruptcy crime. The major problem is the coincidence of the generic and specific objects of such crime. Such vagueness in the legislative regulation generates incoherent law enforcement and confusion in practice in cases of a bankruptcy crime. Besides it creates opportunities for the criminal law abuse in certain cases. The author suggests changing theoretical and legislative approaches to the definition of the specific object of bankruptcy crimes. In particular, a specific object of bankruptcy crimes should be identified according to the characteristic of an independent specific object of the crime, which will result in its significant elaboration for this type of crime, without changing the content and focus of the Special part of the Criminal code. The author considers the direct object of the bankruptcy crime that refers to the totality of social relations concerning legal protection of the statutory recognition of a debtor as a bankrupt, voluntary satisfaction of creditors’ claims, and proportional and priority distribution of the bankruptcy estate as a result of applying bankruptcy procedures, to be a matter of principle.

Killing through negligence and its distinction with other kinds of murder

2021 ◽  
Author(s):  
Vladimir Myslivyy ◽  
Angelina Mykyta
Keyword(s):  
Criminal Law ◽  
Human Life ◽  
Criminal Liability ◽  
Criminal Code ◽  
The State ◽  
Sufficient Information ◽  
Main Body ◽  
Common Features ◽  
Criminal Offenses ◽  
The Common

Problem setting. According to Art. 27 of the Constitution of Ukraine, everyone has an inalienable right to life, no one can be arbitrarily deprived of life, and the state, in turn, is obliged to protect human life. Protection of a person’s life, as a duty of the state, is manifested in the establishment of criminal liability, enshrined in Section II “Criminal offenses against life and health of a person” of the Criminal Code of Ukraine, who commit socially dangerous acts. whether there are criminal offenses and what punishments they should be committed. The distinction between crimes such as premeditated murder and negligent deprivation of another’s life is important, as criminal law theory still does not have sufficient information on this issue and does not have a complete list of features of the above crimes, but we tried to identify them in our article. Target of research. Deepening their knowledge on the caution of a person’s life due to inconsistency and drawing the line between possible offenses and conditional authority, clarifying the special characteristics of the perpetrator and the victim, outlining the essential features of the perpetrator and the victim, and researching the regulation of negligent proposal of a new version of the Criminal Code of Ukraine. Analysis of resent researches and publications. The theoretical basis for the study of the problem of murder through negligence are the works of legal scholars, in particular, M. Bazhanov, V. Borisov, S. Borodin, V. Glushkov, O. Gorokhovskaya, I. Zinchenko , V. Tyutyugin, O. Us, E. Kisilyuk, V. Kuts, M. Yefimov, S. Likhova, V. Stashis, V. Shablisty and others. Article’s main body. According to Art. 3 of the Constitution of Ukraine, man, his life and health, honor and dignity, inviolability and security are recognized in Ukraine as the highest social value. Given this constitutional provision, the legislator should pay special attention to the criminal law protection of human life and health as the most important public relations. So it is no coincidence that considering such encroachments as one of the most dangerous in the criminal law dimension, the legislator established criminal liability for their commission in Section II “Criminal offenses against life and health” of the Special Part of the Criminal Code of Ukraine. Due to the high public danger and the high prevalence of criminal offenses against human life and health, criminal law theory and law enforcement practice are under increasing scrutiny. Thus, the analysis of judicial practice in recent years shows that, for example, among all murders (Articles 117-119 of the Criminal Code of Ukraine) the number of persons convicted of deprivation of life due to negligence is about 15 percent annually. In our opinion, it is also advisable to analyze the concept of “murder” by comparing the common and distinctive features of the offenses referred to in Art. Art. 115 and 119 of the Criminal Code of Ukraine. According to scientific results, we can conclude that these offenses have many common features. It is possible to understand the common features and preconditions for the spread of these types of offenses. Conclusions and prospects for the development. A study of issues related to the criminal law analysis of murder through negligence and its difference from other types of murder, shows that these acts encroach on the identical object, which is “human life as a set of social relations.” Unfortunately, nowadays the dynamics of offenses committed in Art. Art. 115 and 119 is intensifying, so consideration of their delimitation and characterization of their features is very important. The study examines the main features of these types of crimes, as well as analyzes some provisions of national law and proposes some adjustments to them.

PROBLEM ASPECTS OF CRIMINAL RESPONSIBILITY FOR RAPE IN THE CONTEXT OF CHANGES TO ART. 152 OF THE CRIMINAL CODE OF UKRAINE

2017 ◽  
Author(s):  
Stepan Burda ◽  
Keyword(s):  
Human Rights ◽  
National Security ◽  
Mental State ◽  
Criminal Liability ◽  
Criminal Code ◽  
Direct Impact ◽  
Sexual Freedom ◽  
Normal Life ◽  
Basic Law ◽  
Criminal Offenses

The article describes the criminal liability for rape in the context of amendments to Art. 152 of the Criminal code of Ukraine. It is noted that sexual freedom and sexual integrity are among the most important personal human rights. It is regulated by the Basic Law of our state and no wonder the legislator placed this object of encroachment in the first sections of the Criminal Code of Ukraine after such as the basics of national security, life and health, will, honor and dignity of the person. Violation of these rights is reflected in the mental state of the victim, has a direct impact on the health, normal life of the person. It is established that the separation of Section IV "Criminal offenses against sexual freedom and sexual integrity of a person" in the Special Part of the Criminal Code of Ukraine means increasing the state's attention to the state of sexual relations in Ukraine. Sexual freedom and inviolability are among the most important personal human rights. It is regulated by the Basic Law of our state and not without reason the legislator placed this object of encroachment in the first sections of the Criminal Code of Ukraine after such as the basics of national security, life and health, will, honor and dignity of the person. Violation of these rights is reflected in the mental state of the victim, has a direct impact on the health, normal life of the person. It should be noted that criminal offenses against the life and health of a person, criminal offenses against the honor of freedom and dignity of a person, criminal offenses against sexual freedom and sexual integrity of a person are the most serious and terrible of all existing in the modern Criminal Code of Ukraine. these crimes, in addition to severe physical trauma, leave in the minds of the victim, his relatives and friends great and horrible memories that last a lifetime, traumatize the psyche and often lead to suicide of victims who can not be rehabilitated. The opinion is expressed that in the disposition of Article 152 of the Criminal Code of Ukraine there is a certain uncertainty in the question of which

International legal framework for the criminal legal protection of the embryo

2021 ◽  
pp. 296-308
Author(s):  
Nikolai A. Ognerubov
Keyword(s):  
Criminal Law ◽  
Legal Status ◽  
Assisted Reproductive Technologies ◽  
Legal Protection ◽  
Reproductive Technologies ◽  
Legal Framework ◽  
Criminal Code ◽  
International Aspects

In connection with the active development and use of assisted reproductive technologies, protection of the human embryo and its legal status issue is currently being actualized. We make an attempt to reveal and explain some of the international aspects of the criminal law protection of the life and rights of the embryo. We consider the concept of “embryo” not only from the point of view of various scientific approaches (medicine, biology, embryology, jurisprudence), but also from the legislative side. We present and analyze the first mention of the embryo in Roman private law in connection with modern domestic law. We carry out an analysis of international legal acts that provide protection of embryos both “in vitro” and “in vivo”, followed by consideration of specific criminal law norms of foreign countries, namely Brazil and Colombia. We pay attention to some of the most famous cases from the jurisprudence of the European Court of Human Rights in order to understand the applied international legal acts “de facto”. The study also takes into account modern domestic legislation and considers point “g” of part 2 of Article 105 of the Criminal Code of the Russian Federation.

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