Some Problematic Aspects of the Qualification of Crimes Against the Sexual Integrity of Minors

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Abstract

The basic law in the Russian Federation is the Constitution of the Russian Federation. It establishes a complex of inalienable rights and freedoms of man and citizen, among which the right to privacy is of no small importance. An element of a person's private life is personal relationships, which must be determined by a person independently and be free from encroachment. The sexual inviolability of minors requires special protection, the violation of which can cause psychological trauma, physical harm, as well as a distortion of the understanding of sexual life in the future. The author considers the main problems associated with the formulation of offenses against sexual integrity: the presence of certain gaps, confusion of concepts, violations of formal logic. The article presents the most significant problems of qualification, as well as possible ways to resolve the indicated contradictions.

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About the authors

Halimat A. Akkaeva

North-Caucasian Advanced Training Institute (branch) of the Krasnodar University of the Ministry of Internal Affairs of Russia

Email: lel4993@mail.ru
Cand. Sci. (Law), Police Colonel, head of the department of special technical disciplines Nalchik, Russian Federation

References

  1. Decree of the Plenum of the Supreme Court of the Russian Federation of December 4, 2014 No. 16 «On judicial practice in cases of crimes against sexual integrity and sexual freedom of the individual» // Bulletin of the Supreme Court of the Russian Federation. 2015. No. 2.
  2. Judicial statistics data of the Judicial Department at the Supreme Court of the Russian Federation. URL: http://www.cdep.ru/index.php?id=79&item=5669
  3. Ignatova A.A. Criminal liability for non-violent attacks on the sexual integrity of persons under the age of sixteen: author. dis. ... cand. legal Sciences. M., 2015.
  4. Motin A.V. Qualification of crimes against sexual inviolability and sexual freedom of the individual: author. dis. ... cand. legal Sciences. M., 2019.
  5. Parshin N.M. Prevention of sexual crimes committed against minors: author. dis. … cand. legal Sciences. Saratov, 2018.
  6. Stepanova O.Yu. Criminal liability for crimes against sexual inviolability and sexual freedom of minors: improvement of legislative regulation and law enforcement: author. dis. … cand. legal Sciences. St. Petersburg, 2018.
  7. Yani P.S. Questions of qualification of sexual crimes // Legality. 2013. No. 5.

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