CRIMINALLY LEGAL PROTECTION OF CHILDHOOD: STATE ANALYSIS OF THE LEGISLATIVE ENSURING OF JUVENILE VICTIMOLOGY

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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

minor; criminal legislation; crime; public relations; victim; victimization; deviation; punishment; criminal law influence

EP ID EP407556
DOI 10.32366/2523-4269-2018-64-3-126-135
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