CRIMINALLY LEGAL PROTECTION OF CHILDHOOD: STATE ANALYSIS OF THE LEGISLATIVE ENSURING OF JUVENILE VICTIMOLOGY
Journal Title: Правовий часопис Донбасу - Year 2018, Vol 64, Issue 3
Abstract
The article examines the main components of crimes committed against minors in Ukraine. The author gives a brief selectively description of the most common socially dangerous acts against children. According to the criterion of the crime object, all juvenile offenses are divided into the following groups: in the sphere of life and health defense of minors; in the sphere of narcotic drugs circulation, psychotropic substances, their analogues or precursors and other crimes against public health; in the sphere of the defense of the will, honor and dignity of minors; in the sphere of defense of sexual freedom and sexual integrity of minors; in the sphere of defense the public order and morality of minors; in the sphere of defense labor and other personal rights and freedoms of the juvenile; relations in the field of service activities and professional activities related to the provision of public services. It is stated in the paper that setting a strict liability for crimes against life and health of a minor, the legislator takes into account a combination of several facts: the instability of the juvenile's psychological processes allowing quickly and easily make him a criminal influence and transform into «chronic» sacrifice; high degree of personal degradation of an adult offender (because the person knows that the child is not able to make the necessary resistance and defend himself, not always he is aware that something is happening around him is a crime, unlikely to appeal to the police for help, etc.), moral qualities that allow to harm child. It is concluded that current criminal law should be characterized by flexibility and dynamism, in the context of juvenile dimension is in static. Existing penalties for crimes committed against minors are obsolete, and the amount of repression is not enough, which leads to a stable increasing number the cases of encroachment on a child, his rights, freedoms and interests. Ukraine needs urgent review of dispositions and sanctions on crimes against minors the result of which should be the expansion of the list of articles that have skilled composition (encroachment on a minor as an aggravating circumstance), reviewing the types of punishment for the proposed actions and, accordingly, increase in the terms of serving a sentence. On the basis of the conducted research, a number of amendments and additions to the current legislation of Ukraine are proposed.
Authors and Affiliations
Maryna Andriyashevska
Keywords
Related Articles
- EP ID EP407556
- DOI 10.32366/2523-4269-2018-64-3-126-135
- Views 100
- Downloads 0
RECEPTION OF PUNISHMENT OF ANCIENT ROME IN UKRAINIAN LEGISLATION
The article studies the features reception punishment Institute of Ancient Rome in Ukrainian legislation. The authors found that among legal reform is extremely important improvement of the institute punishment, because...
CRIMINALISTICS IN CONDITIONS OF CRIMINAL JUDICIAL REFORM
The article examines the individual tendencies of conceptual changes in the system of modern criminal justice on the use of forensic means and techniques in the criminal process. The author analyzes the influence of the...
CALCULATING OF PLANE MODELS OF VISUAL SPACE OF ROAD- TRANSPORTATION SITUATION PARAMETERS
When investigating the mechanism of traffic accident the use of analytical graphical modeling is most effective in solving the problem of determining the distance of a vehicle from the point of incident (collision) at th...
FORMING FOREIGN COMMUNICATIVE COMPETENCE OF FUTURE LAW-ENFORCEMENT SPECIALISTS (BASED ON THE MANUAL «CRIMES AND PUNISHMENT»)
The article analyzes the concept of foreign communication competence and states that the fluency of foreign language is evidence of the professional potential of a law enforcement specialist. Expansion of interethnic pro...
GENESIS OF THE INSTITUTE FOR THE APPLICATION OF COMPULSORY MEDICAL MEASURES
On the basis of a comprehensive analysis of diverse sources of research, the article analyzes the peculiarities of the phased development of the institute of compulsory measures of a medical nature. Particular attention...