Criminal Liability of Parents for Improper Performance of Parental Duties
- 作者: Kushkhov R.K.1, Nakusov A.A.2
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隶属关系:
- North Caucasus Institute for Advanced Studies (branch) of the Krasnodar University of the Ministry of Internal Affairs of Russia
- Main Criminal Justice Department of the General Prosecutor's Office of the Russian Federation
- 期: 卷 14, 编号 5 (2021)
- 页面: 176-180
- 栏目: Articles
- URL: https://journals.eco-vector.com/2072-3164/article/view/531409
- ID: 531409
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详细
The author in the article considers the peculiarities of criminal liability of parents for improper performance of parental duties as a factor of influence on family relations. The article analyses the regulatory and legal framework governing the assignment of liability for non-fulfillment of parental duties as a factor violating the rights of the child, as well as the study of scientific publications on the topic of research for the purpose of comparative analysis. The purpose of the work was to study aspects of the criminal legal liability of parents for improper performance of parental duties in two norms of criminal law presented in the dispositions of articles 156 and 157 of the Criminal Code of the Russian Federation. In the analysis of the main aspects of the criminal liability of parents who do not properly perform their parental duties, a number of characteristics that make up the crime were identified, namely the lack of upbringing of children by the moral and physical criterion and the evasion of payment of maintenance payments by the material and financial support of the child. The classification of duties assigned to parents in the system of family regulation of relations creates the opportunity to distinguish two categories, namely social, physiological and material, in violation of which criminal liability arises. The author of the article identifies the dependence of the rights and obligations of parents in the system of family relations, emphasizing duties as a factor in the protection of the most vulnerable family members. Aspects of criminal liability for failure to fulfill parental duties consist in the analysis of the corpus delicti, the identification of significant categories of assault. The author concluded that the criminal liability of parents for failure to fulfill or improper performance of parental duties is important as a factor in protecting the rights of children.
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作者简介
Ruslan Kushkhov
North Caucasus Institute for Advanced Studies (branch) of the Krasnodar University of the Ministry of Internal Affairs of Russia
Email: ruslan_48@mail.ru
Cand.Sci.(Law), Police Major, Senior Lecturer, Special Disciplines Department. Nalchik, Russia
Alan Nakusov
Main Criminal Justice Department of the General Prosecutor's Office of the Russian Federationrosecutor of the fifth section (cassation) (based in Pyatigorsk), cassation and supervisory department Pyatigorsk, Russia
参考
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