FACTORS THAT CONDITION PENAL PROHIBITION OFACTS OF ILLEGALADOPTION (CL. 169 OF THE PENAL CODE OF UKRAINE)
Journal Title: Юридичний науковий електронний журнал - Year 2017, Vol 1, Issue
Abstract
Research into factors that condition the need to protect under criminal law the social relations that ensure family fostering of orphaned children and children without parental care. The author draws reader’s attention to the fact that in recent years the criminal law experts have been discussing decriminalisation of many socially dangerous acts in the Penal Code of Ukraine. They opine that it can be reasoned by the inability to seriously damage subjects under criminal law protection or potential introduction of misdemeanor concept into the criminal law of Ukraine which goes along with the need to decriminalise socially dangerous acts and classify them as misdemeanors. It is noted that decriminalisation can be applied to the provision that provides criminal responsibility for the acts of illegal adoption (Cl. 169 of the Penal Code of Ukraine) as the Cl. 12 of the Penal Code of Ukraine classifies them as a mid-level crime. Basing on this, a research has been done to determine whether the social relations in adoption should be preserved under criminal law or the above socially dangerous acts should be decriminalised. The author refers to the views of the criminal law experts on the reasons and circumstances (factors) that condition adoption, modification or abolition of the act on criminal responsibility or its institutions or certain provisions. Basing on this, the author gives reasons (conditions, criteria) that guarantee protection of associated social relations as factors that condition criminalisation of a socially dangerous acts of adoption. The factors that provide ground to recognise respective acts criminal and punishable are the following: 1) social; 2) legal and regulatory; 3) criminological. It is concluded that there is a range of factors that are necessary and sufficient to substantiate existence of the criminal provision aimed to protect the above social relations.
Authors and Affiliations
В. В. Гальцова
Keywords
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