PROTECTION OF THE RIGHTS OF THE CHILD THROUGH CRIMINAL LAW MEASURES

The article draws attention to the fact that in accordance with pt. 1 of art. 54 of the Family Code of the Russian Federation, the terms “child” and “minor” are identical. Two vectors of the protection of the rights of the child by measures of a criminal law are considered: the child as a victim of a crime (victim); and the child as the subject of the crimes he commits. Emphasis is placed on the expediency of using terms in the criminal law that specify the age group of the child, which affects either the concept of the criminality of the committed act, or the establishment of a qualifying sign of the corpus delicti, or the imposition of punishment. Proposals have been made to change the approach to establishing in the law measures of a criminal nature for a minor.

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Publication Details

Journal
Penal law
Published
2024-09-18
DOI
https://doi.org/10.33463/2687-122x.2024.19(1-4).2.309-320
Primary Topic
Legal and Social Justice Studies
Type
article
Field-Weighted Citation Impact
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article

PROTECTION OF THE RIGHTS OF THE CHILD THROUGH CRIMINAL LAW MEASURES

Tat'yana Fedorovna Minyazeva
Penal law
Legal and Social Justice Studies
article

PROTECTION OF THE RIGHTS OF THE CHILD THROUGH CRIMINAL LAW MEASURES

Tat'yana Fedorovna Minyazeva
article en

Abstract

The article draws attention to the fact that in accordance with pt. 1 of art. 54 of the Family Code of the Russian Federation, the terms “child” and “minor” are identical. Two vectors of the protection of the rights of the child by measures of a criminal law are considered: the child as a victim of a crime (victim); and the child as the subject of the crimes he commits. Emphasis is placed on the expediency of using terms in the criminal law that specify the age group of the child, which affects either the concept of the criminality of the committed act, or the establishment of a qualifying sign of the corpus delicti, or the imposition of punishment. Proposals have been made to change the approach to establishing in the law measures of a criminal nature for a minor.

Penal lawVol. 19(2)
Pedagogical University (MZ), Moscow Academy of the Investigative Committee of the Russian Federation (RU)
Openalex Percentile: Top 71%
Legal and Social Justice Studies
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