Certain aspects of sentencing for an offense under art. 156 of the criminal code of Ukraine

Offenses against sexual freedom and inviolability are among the most dangerous types of criminal offenses. This is especially true when they are directed against such a vulnerable category of the population as minors or underage people. The commission of such offenses against them can negatively impact their further development as individuals and cause significant damage to their psyche. That is why the most effective means of counteracting such offenses should be built. One of the means of such counteraction is the establishment of criminal liability for acts that can cause damage to the sexual inviolability of a person. In the current Criminal Code of Ukraine, such liability is established by Article 156, “Corruption of minors”. Unfortunately, the practice of sentencing for acts under this provision remains largely unexplored. It should also be noted that modern scholars pay insufficient attention to the study of this issue, which necessitates its exploration at the monographic level. The purpose of the proposed article is to study the practice of sentencing for an act under Article 156 of the Criminal Code of Ukraine in general and the application of unique sentencing principles during such activity. When analyzing the sentencing practice, the author identifies specific trends that consider general sentencing principles. Thus, it is stated that the punishment for the acts provided for in Parts 1 and 2 of Article 156 of the Criminal Code of Ukraine is imposed mainly within the sanctions established by this article. It is found that the typical punishment for committing an act under Part 1 of Article 156 of the Criminal Code of Ukraine is three years imprisonment; for committing an act under Part 2 of the same article, the typical punishment is five years imprisonment. The author has identified an almost complete absence of references to the list of provisions of the General Part of the CC, which were considered when imposing punishment. It is stated that the degree of gravity of this offense is relatively unclear when determining its punishment. The author also analyzes the peculiarities of considering the perpetrator’s identity when imposing punishment. The author concludes that a formal approach is inadmissible when carrying out such activities. The author also analyzes the circumstances that mitigate and aggravate the punishment. Keywords: criminal law, sexual freedom, sexual inviolability, criminal liability, criminal punishment, sentencing, general principles of sentencing.