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

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.

MODERN ETHICAL AND PSYCHOLOGICAL COLLISION OF INFORMED VOLUNTARY CONSENT (ON THE EXAMPLE OF A PRIVATE DENTAL PATHOLOGY)

The results of a survey of 129 parents whose children underwent surgery for ankyloglossia showed: 67.5 % of parents believed that dentists provided them with sufficient information about this medical service, but only 25.6 % of them gave informed voluntary consent exclusively independently, and 74.4 % – after consulting with other people and / or getting acquainted with other sources (among the latter, first of all, the Internet appeared, where thematically scandalous or alarmist information is often found). Accordingly, this ethical and psychological collision should be taken into account by doctors when implementing the practice of informed voluntary consent, and healthcare organizers should better conduct public events on topical medical problems of both federal and, especially, regional nature (with the participation of people representing the most various, up to diametrically opposed points of view on the problem under discussion).

Is “Failure to treat” a Treatment failure?

Over-servicing in dentistry has been widely reported on and censured due to the potential physical, social and financial harms it can cause a patient. In contrast, under-treatment is less often noticed or raised as a concern as it seldom presents with overt signs of carelessness or disregard. In addition, it is usually not accompanied by any time or financial burdens, thus patients rarely complain about it. While some practitioners may argue that failure to treat is a form of negligence, this paper will explore if, and when it could be justified. While practitioners may never reach a consensus agreement, the ultimate message is that all treatment should be patient centred and should only commence following their educated, considered, autonomous, and voluntary consent.

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

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.

Analysis of the prevalence, intensity and features of the clinical course of caries in early childhood and preschool children based on the data of preventive medical examinations

Aim. To study the prevalence, intensity and features of the clinical course of caries in children from 1 to 5 years old, to improve the registration of dental morbidity.Materials and methods. An epidemiological and clinical examination of the child population was carried out as part of preventive medical examinations of minors. The study involved 1930 children from Moscow, aged from 1 to 5 years. The epidemiological survey was carried out to study the dental morbidity in children of early childhood and preschool age. Clinical research methods were carried out to determine the dental status of the subjects. All studies in children were performed with informed voluntary consent. Parents or legal representatives signed their consent to the survey. Results. Analysis of the results of preventive medical examinations of minors made it possible to determine the prevalence, intensity and characteristics of the clinical course of caries in the period of early childhood (preschool period) and preschool age among the children's population of Moscow.Conclusions. It was found that the prevalence and intensity indicators increase as children grow up, the depth of the lesion and the localization of carious lesions change at different age periods.

Vouchers for Murder

In order to commit murder or mayhem under this program, vouchers must be submitted within one week prior to the actions contemplated or within a month afterward. Persons who commit violent acts without valid vouchers will be asked to enter into Voluntary Consent Agreements to desist from unauthorized murder or mayhem, and up to one tenth of any ill-gotten gains will be donated voluntarily to the charity of their choice, without any implication of admission of guilt.

Online Shop Dalam Perspektif Ekonomi Islam

This study aims to further discuss the problems caused by the existence of online buying and selling transactions in online shops in the perspective of Islamic economics based on the Al-Quran Surah An-Nisaa verse 29 and Al-Mutaffifin verse 1. library research with interpretive methods used in this research are maudu'i (thematic) research methods and tahlili (analytic) interpretation methods. Based on the results of this study, it can be concluded that an Online shop or online buying and selling place is allowed in an Islamic economic perspective as long as it is based on the principle of consensual or voluntary consent from both parties, namely from the seller and the buyer and there is no cheating or fraud, so that each party gets what they want. rights that should be accepted in full are not reduced and their rights are harmed or oppressed.Keyword: Online shop, Islamic EconomicAbstrak: Penelitian ini bertujuan untuk membahas lebih jauh masalah-masalah yang ditimbulkan dengan keberadaan transaksi jual beli secara daring yang ada di online shop dalam perspektif ekonomi Islam berdasarkan Al-Quran Surat An-Nisaa Ayat 29 dan Al-Mutaffifin ayat 1. Penelitian ini merupakan penelitian kepustakaan (library research) dengan metode penafsiran yang digunakan dalam penelitian ini adalah metode penelitian maudu‘i (tematik) dan metode penafsiran tahlili (analitik). Berdasarkan hasil penelitian ini, dapat disimpulkan bahwa online shop atau tempat jual beli online dibolehkan dalam perspektif ekonomi Islam selama didasarkan pada prinsip suka sama suka atau kerelaan dari kedua belah pihak yaitu dari penjual maupun pembeli dan tidak ada kecurangan ataupun penipuan, sehingga setiap pihak mendapatkan apa yang semestinya diterima secara penuh tidak terkurangi haknya dan dirugikan atau terdzolimi.Keyword: Online shop, Ekonomi Islam

APPROPRIATE PROCEDURE FOR OBTAINING EVIDENCE IN THE CRIMINAL PROCESS OF UKRAINE THROUGH THE PRISM OF COURT DECISIONS

Recently in Ukraine, the methods of obtaining evidence during the pre-trial investigation have to to be improved, both in terms of their normative consolidation and the practice of application. Ways to improve criminal procedural activity should be planned taking into consideration the analysis of judicial practice, in particular the analysis of the evaluation of evidence in court for their relevance and admissibility. The purpose of the work is to improve the receipt of evidence in the criminal process of Ukraine in an appropriate manner, which will be a guarantee of their admissibility in court. The following methods were used: comparative – legal – to compare normative – legal regulations and court decisions relating to the recognition of evidence as appropriate and admissible in a particular criminal proceeding; formal-legal – to determine the decisions of the court concerning the evaluation of evidence in criminal proceedings; methods of logical and systematic analysis – to develop an effective proposal to improve the methods of obtaining evidence during the pre-trial investigation in Ukraine. Results. It is proposed to apply rapid tests to determine the drug substance during the detention of a person. In addition, it is proposed to ammend to Part 1 of Art. 233 of the Criminal Procedural Code of Ukraine, which regulates the right to break into the house or other property of a person with the voluntary consent of the person who owns them. It is proposed to consolidate the legal status of such a consent in order to avoid ambiguity of interpretation of the concept of voluntariness in court, in particular voluntary consent should be written in the form of a statement by the person himself with the obligatory indication of the relevant object of penetration. Conclusions. The appropriate method of obtaining evidence involves compliance with the procedural order of investigative (interrogative) or procedural actions. An indication of the proper way to obtain evidence is the correct choice of a specific action or a set of actions necessary for a quality investigation of criminal proceedings.

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

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.

Predictors of bronchial asthma development in preschool children with recurrent broncho-obstructive syndrome

Objective. To study predictors of bronchial asthma development in children of 3-4 years old with recurrent broncho-obstructive syndrome by 5-6 years of age.Material and methods. The authors conducted a prospective cohort study in 2018-2020 with the participation of 61 children aged 3–4 years with recurrent broncho-obstructive syndrome. Inclusion criteria: age 3–4 years; ≥ 3 episodes of broncho-obstructive syndrome in the past 12 months; informed voluntary consent. At the first visit the scientists determined the levels of serum periostin, specific inhalation allergens IgE, total IgE and the number of eosinophils in the blood. In 24 months, at the second visit, bronchial asthma was diagnosed based on the GINA criteria (updated 2019). Binary logistic regression analysis was used to study the predictors of bronchial asthma development.Results. In 24 months from the beginning of the study, bronchial asthma was diagnosed in 29 (47%) children with recurrent broncho-obstructive syndrome. The level of serum periostin and total IgE had no effect on the risk of developing bronchial asthma (p=0,194; p=0,269). According to binary logistic regression, the predictors of bronchial asthma development are burdened family allergic history (odds ratio – OR 3,81; 95% confidence interval – CI 1,14-12,74; p=0,015), allergic rhinitis (OR 4,94; 95% CI 1,37–7,80; p=0,0001), sensitization to the Dermatophagoides pteronyssinus (OR 1,80; 95% CI 1,36–1,13; p=0,045) and eosinophilia (OR 2,10 ; 95% CI 1,23-4,83; p=0,055).Conclusion. A burdened family allergic history, the presence of allergic rhinitis, sensitization to the Dermatophagoides pteronyssinus, eosinophilia are the predictors of bronchial asthma development in children with recurrent broncho-obstructive syndrome by 5-6 years of age.