scholarly journals Protection of Human Sexual Autonomy in the Draft of Criminal Code of Ukraine: A Critical View

2021 ◽  
Vol 2 (16) ◽  
pp. 178-208
Author(s):  
Olena Volodymyrivna Kharytonova
Keyword(s):  
Sexual Violence ◽  
Sexual Communication ◽  
Legal Regulation ◽  
Criminal Code ◽  
International Standards ◽  
Sexual Life ◽  
Sexual Relations ◽  
Sexual Crimes ◽  
Sexual Autonomy ◽  
Voluntary Consent

The article is devoted to the analysis of the foundations of the framework regulation of sexual crimes in the draft of the new Criminal Code of Ukraine. The application of critical optics to the provisions of the project problematizes the issues of protecting human sexual autonomy and understanding the zones of theoretical and practical reflection in which they are rooted. To assess the proposed reforms of the criminal code, modern ideas about sexuality as a gendered phenomenon with a deep social interpretation are applied. The appeal to international standards for protecting human sexual autonomy and combating sexual violence focuses on paradigmatic shifts in assessing the legitimacy of sexual relations, centered around the concepts of "autonomy" and "consent", and the need to improve the draft Criminal Code in this aspect. The title of the section of the new Criminal Code of Ukraine "Criminal Offenses against Human Sexual Autonomy" is offering as more relevant with modern notions of sexuality and internationally recognized standards for determining the parameters of permissible sexual communication. The author stressing that if the nature of the sexual act is understood only as a desire to satisfy the libido, then some variants of illegal sexual behavior remain outside the scope of the Criminal Code, in particular, in situations where sexual violence is used as a tool to control and convey repressive messages. The propose to base the regulation of sexual crimes in new Criminal Code not on the concept of libido, but on the approach of the Istanbul Convention, according to which a sexual act is an act that has a sexual connotation, is supporting in this article. The absence of voluntary consent as a constitutive feature of sexual violence emphasizes the fundamental importance of the concept of "voluntary consent", by which consensual sexual act differs from non-consensual and illegal. In this regard the author, analyzing the problem of legal regulation of sexual relations with minors 14 to 16 year-olds, when their sexual life before reaching the age of consent seems outwardly voluntary, suggests discussing the possibility of introducing into the draft of Criminal Code the construct "limited voluntary consent", which will take place when a person is fully not capable to express a voluntary agreement to engage in the sexual activity and to understand the nature and significance of it’s decision regarding sexual relations.

Consent and Sexual Relations

Legal Theory ◽  
1996 ◽  
Vol 2 (2) ◽  
pp. 89-112 ◽  
Author(s):  
Alan Wertheimer
Keyword(s):  
Criminal Law ◽  
Conceptual Analysis ◽  
Sexual Relations ◽  
Sexual Crimes ◽  
Sexual Autonomy ◽  
Motivated Behavior ◽  
Political Philosopher

This article has two broad purposes. First, as a political philosopher who has been interested in the concepts of coercion and exploitation, I want to consider just what the analysis of the concept of consent can bring to the question, what sexually motivated behavior should be prohibited through the criminal law? Put simply, I shall argue that conceptual analysis will be of little help. Second, and with somewhat fewer professional credentials, I shall offer some thoughts about the substantive question itself. Among other things, I will argue that it is a mistake to think that sexual crimes are about violence rather than sex and that we need to understand just why the violation of sexual autonomy is a serious wrong. I shall also argue that the principle that “no means no” does not tell us when “yes means yes,” and that it is the latter question that poses the most interesting theoretical difficulties about coercion, misrepresentation, and competence. In addition, I shall make some brief remarks concerning two questions about consent and sexual relations that lie beyond the criminal law: What “consent compromising behaviors” should be regarded as indecent, although not criminal? Whenshouldsomeone consent to sexual relations within an enduring relationship?

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 HISTORICAL AND LEGAL GENESIS OF PREVENTION OF CORRUPTION AND SETTLEMENT OF CONFLICT OF INTERESTS OF LABOR-LEGAL MEASURES

Social Law ◽  
2019 ◽  
Author(s):  
S. Boyko
Keyword(s):  
Conflicts Of Interest ◽  
Labor Law ◽  
Legal Regulation ◽  
Criminal Code ◽  
International Standards ◽  
Practical Implementation ◽  
Conflict Of Interests ◽  
The Law ◽  
International Instruments ◽  
Historical Periods

The article explores the historical and legal genesis of the prevention of corruption and the resolution of conflicts of interest through labor and legal measures, since Ukraine's independence. The basic normative legal acts regulating labor and legal measures for prevention of corruption and settlement of conflict of interests in different historical periods are analyzed. The factors that determine the long-lasting historical and legal genesis of preventing corruption and resolving conflicts of interest are identified through labor-law measures. It was noted that in the first years of Ukraine's independence, the main documents regulating the fight against corruption were the Soviet Criminal Code and the Code of Administrative Offenses, as amended. It is rightly stated that international instruments-documents form the basis in the system of legal regulation of anti-corruption activity in Ukraine. However, as the author points out, it is not enough to ratify the basic international instruments, but more practical implementation of the principles and general principles defined in these acts is more necessary. In connection with the adoption by the Verkhovna Rada of Ukraine on May 14, 2013 of the Law of Ukraine "On Amendments to Certain Legislative Acts of Ukraine on Implementation of State Anti-Corruption Policy" stay contrary to the requirements of the Law of Ukraine "On Principles of Prevention and Combating Corruption" in direct submission to a close person is recognized as the basis for termination of an employment contract at the initiative of the employer (paragraph 4 of Part 1 of Article 41 of the Labor Code of Ukraine). Thus, the anti-corruption legislation of Ukraine has been repeatedly amended in order to improve it and bring it in line with international standards. The author noted that the anti-corruption reform will receive a new impetus this fall after the start of the newly elected parliament, which will adopt, first of all, the anti-corruption strategy of the state, which society expects from 2017.

scholarly journals The Human Right to Sexual Autonomy

2021 ◽  
Vol 22 (5) ◽  
pp. 703-717
Author(s):  
Dana-Sophia Valentiner
Keyword(s):  
Human Rights ◽  
Sexual Violence ◽  
Paradigm Shift ◽  
Legal Regulation ◽  
European Convention ◽  
Access To Information ◽  
Human Right ◽  
Sexual Autonomy ◽  
Human Rights Treaties ◽  
The Right

AbstractDuring the 20th century, society’s view on sexualities has undergone a severe paradigm shift. While moving away from ideas of decency and bawdiness to evaluate legitimate sexuality, concepts of autonomy and consent gained importance. This transformation is also challenging the law.1 With the broad acceptance of various forms of sexual behavior and sexual orientation, legal regulation based on morality and ethics is outdated. Recent debates on law and sexualities focus on sexual autonomy and its conditions. This is shown especially by the legal debate on sexual violence and criminal law.2 But the right to sexual autonomy does not only require adequate protection against sexual violence. As a human right, it obliges State Parties to Human Rights Treaties such as the European Convention on Human Rights and the Convention on the Elimination of Discrimination against Women to respect, protect, and fulfill sexual autonomy. This includes the guarantee of freedom from sexual violence, coercion and discrimination, as well as control over one’s own body and over the involvement in sexual interactions with others. In order to ensure the different components of sexual autonomy, sexual education and reliable access to information and medical services are necessary. This paper presents an approach concerning the multifaceted dimensions of sexual autonomy through a human rights lens.

Taxation Issues for Digital Financial Assets

2021 ◽  
pp. 089443932110039
Author(s):  
Viktor Shestak ◽  
Alla Kiseleva ◽  
Yuriy Kolesnikov
Keyword(s):  
Russian Federation ◽  
Income Tax ◽  
Legal Regulation ◽  
Capital Gains ◽  
International Standards ◽  
Financial Assets ◽  
State Budget ◽  
The Russian Federation ◽  
Digital Assets ◽  
Tax Accounting

The objective of the study is to determine the status of a digital financial asset and the features of its taxation in the Russian Federation and progressive countries. Currently, there are three main taxation models that are used in this area: income tax, corporate income tax, and capital gains tax. The article explores the prospects for introducing the experience of foreign countries in the Russian Federation. The possible changes that may occur in tax regulation are analyzed. The experience of leading countries in the field of legal regulation of the use of digital financial assets and the taxation of cryptocurrency transactions is analyzed. Such an analysis will allow Russia to keep pace with countries with a leading economy and at the same time increase state budget revenue through taxation of cryptocurrency transactions. The study provides an analysis of the conceptual scenarios of digital income taxation and objects of taxation in the process of cryptocurrency creation. The study critically assesses possible options for applying international standards for tax accounting of digital assets. Groups of problematic issues that arise in the tax accounting of digital assets are developed. The prospect of further research is the development of tax accounting methods for each of the established entities for the creation and circulation of digital financial assets in accordance with accounting objects.

scholarly journals The International Criminal Court and Sexual Violence: Between Aspirations and Reality

2021 ◽  
Vol 22 (5) ◽  
pp. 878-893
Author(s):  
Tanja Altunjan
Keyword(s):  
Sexual Violence ◽  
Conceptual Understanding ◽  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
Legal Framework ◽  
Criminal Court ◽  
Full Potential ◽  
Sexual Crimes ◽  
Track Record

AbstractThe adoption of the Rome Statute of the International Criminal Court (ICC) was widely lauded as a success with regard to the recognition and potential prosecution of conflict-related sexual violence. More than twenty years later, however, many observers are disillusioned with the ICC’s dire track record concerning the implementation of its progressive legal framework. In many cases, the Court and particularly its Prosecutor have been criticized for failing to adequately address and prioritize sexual violence, culminating in only a single final conviction since 2002. Nevertheless, the ICC’s emerging practice shows progress with regard to the conceptual understanding of conflict-related sexual violence and the realization of the Statute’s full potential in ensuring accountability for sexual crimes. Taking into account the evolving jurisprudence, the Article explores the persisting challenges and the perceived gap between aspirations and reality regarding the prosecution of sexual violence at the ICC.

Features of the legal consolidation of the concept of "insignificant act" in the criminal legislation of Mongolia

nauka.me ◽  
2021 ◽  
pp. 81
Author(s):  
Tatyana Lozovskaya
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Criminal Code ◽  
The Russian Federation ◽  
Criminal Legislation

The article examines the features of the legal regulation of the concept of "insignificant act" in accordance with the criminal legislation of Mongolia. According to the author, it is necessary to supplement the current Criminal Code of the Russian Federation with a provision that takes into account the danger of an individual when qualifying an act as insignificant to fill the identified gap in law.

INTERNATIONAL AND LEGAL FRAMEWORK FOR COMBATING CORRUPTION CRIMES RELATED TO GIVING AND PASSING BRIBES AND OTHER TYPES OF ILLEGAL REMUNERATION

2021 ◽  
pp. 65-72
Author(s):  
Павел Владимирович Никонов
Keyword(s):  
Organized Crime ◽  
Legal Framework ◽  
Legal Regulation ◽  
International Standards ◽  
Transnational Organized Crime ◽  
Legal Documents ◽  
Illegal Acts ◽  
The Russian Federation ◽  
United Nations Convention ◽  
Criminal Legislation

Международные нормативные правовые акты имеют особое значение для организации противодействия коррупционным преступлениям, связанным с дачей и получением взятки и иных видов незаконного вознаграждения. В статье анализируются международно-правовые документы, призванные обеспечить единый подход к противодействию указанным видам противоправных деяний в различных государствах. Международное сообщество озабочено решением проблем, связанных с противодействием коррупции. В этом отношении Россия не является исключением, поэтому ратифицирует основные международно-правовые акты, регламентирующие вопросы борьбы с коррупционными преступлениями. Интеграционные процессы, происходящие в настоящее время, обуславливают необходимость обращения к международному опыту в области противодействия указанным видам преступлений. При подготовке материала научной статьи применялся сравнительно-правовой метод исследования, что позволило получить обоснованные выводы относительно сравнения международных и российских нормативных правовых актов. В статье анализируются положения таких источников, ратифицированных Россией, как Конвенция Организации Объединенных Наций против коррупции, Конвенция против транснациональной организованной преступности, Конвенция об уголовной ответственности за коррупцию, Конвенция по борьбе с подкупом иностранных должностных лиц при осуществлении международных коммерческих сделок. В качестве полученных результатов проведенного исследования можно признать заключения относительно соответствия уголовного законодательства Российской Федерации, созданных органов и реализуемых мер, направленных на организацию борьбы с коррупционными преступлениями, связанными с дачей и получением взятки и иными видами незаконного вознаграждения, рассмотренным международным стандартам. International legal regulation is of prime importance in countering corruption crimes related to giving and receiving bribes and other types of illegal remuneration. The article analyzes international legal documents designed to ensure the same approach to countering these types of illegal acts in different states. The international community is concerned about solving problems related to combating corruption. Russia is no exception, therefore it ratifies the main international legal acts regulating the fight against corruption crimes. The integration processes taking place at the present time necessitate taking into account the international experience of countering these types of crimes. The comparative legal research method was used, this made it possible to obtain well-grounded conclusions regarding the comparison of international and Russian normative legal acts. The article analyzes the provisions of international documents ratified by Russia: the United Nations Convention against Corruption, the Convention against Transnational Organized Crime, the Criminal Law Convention on Corruption, and the Convention against Bribery of Foreign Officials in International Business Transactions. The findings on the compliance of the criminal legislation of the Russian Federation, existing bodies and measures taken in the field of combating corruption crimes related to giving and receiving bribes and other types of illegal remuneration to international standards as the results of the study are indicated.

Sexual Choice

2017 ◽  
Author(s):  
Anne C. Dailey
Keyword(s):  
Sexual Coercion ◽  
Central Place ◽  
Professional Relationships ◽  
Patient Relationship ◽  
Sexual Relations ◽  
Sexual Autonomy ◽  
Constitutional Culture ◽  
Psychoanalytic Perspective ◽  
The Subject ◽  
The Right

The right of sexual autonomy occupies a central place in our constitutional scheme of individual liberties. Consensual sexual relations, including fornication, adultery, and sodomy, now presumptively lie beyond the reach of law’s regulatory power. But as this chapter shows, there is one long-standing law banning consensual sexual relations that remains solidly on the books in every state: the prohibition on adult incest. The subject of adult incest opens the door to a psychoanalytic perspective on the right of sexual autonomy and the modern laws regulating sexual choice. The chapter explores how powerful unconscious forces deriving from the parties’ close familial relationship render the “choice” to have sex a potentially tragic illusion. Similar kinds of unconscious coercion can happen in other contexts as well. For example, the therapist-patient relationship also involves forms of unconscious coercion not known to the parties themselves, and deserving of some regulation. Understanding in close detail the unconscious dynamics in adult incest and the therapist-patient relationship can illuminate less obvious forms of sexual coercion in more common types of professional relationships. A psychoanalytic perspective has a crucial role to play in defining the range and meaning of sexual autonomy as a fundamental right in our constitutional culture.

scholarly journals AGGRAVATING AND MITIGATING CIRCUMSTANCES CHARACTERIZING SUBJECTIVE SIGNS OF CRIMINAL BEHAVIOR

2019 ◽  
Vol 29 (5) ◽  
pp. 681-685
Author(s):  
V.I. Tikhonov
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Behavior ◽  
Legal Regulation ◽  
Criminal Code ◽  
Special Part ◽  
The Russian Federation ◽  
Criminal Legislation ◽  
The Impact ◽  
Subjective Side

The Institute of mitigating and aggravating circumstances is presented not only in the norms of the General part of the criminal legislation of the Russian Federation. The application of these circumstances in the construction of individual elements of a crime allows the legislator to differentiate the orientation of the criminal law influence in relation to a specific crime element or in qualifying the fact of life reality. In law enforcement practice, proving the subjective side of a crime often causes significant problems. At the same time, motivation and achievement of a specific goal of committing a crime can have both a mitigating and an aggravating effect. The subjective side has a significant impact not only on the design of the offenses of the Special Part of the Criminal Law, but also on the process of sentencing through legal regulation of circumstances mitigating or aggravating criminal punishment. In this regard, both general and mandatory features of the subject of the crime also affect the procedure for establishing guilt and determining punishment in accordance with the norms of the Criminal Code of the Russian Federation. Of scientific interest is the study of the influence of the process of legal regulation of mitigating and aggravating circumstances in terms of the impact on this process of subjective signs of criminal behavior.

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