On the Scope of the Term ‘Other Actions of Sexual Nature’ in the Interpretation of Different Norms of the Criminal Code of the Russian Federation

The article analyzes the approaches to the definition of the scope of the term «other actions of a sexual nature». It has been proved that the interpretation of this term differs in the application of different norms of the Criminal Code of the Russian Federation, which makes it necessary to include a definition of the concept under study into the text of the Criminal Code of the Russian Federation, formulating it in accordance with the needs of application of all norms for which the content of this term has qualifying significance. It is noted that there are no formal grounds for a restrictive interpretation of this concept in the qualification of violent acts of a sexual nature, which makes this concept almost limitless. However, the necessity to apply common legal assessment to acts of similar social danger requires the search for criteria to help limit the range of possible manifestations of the concept under study. The author positively estimates the approach of the legislator to the definition of the subject matter of the offences, responsibility for which is provided by Articles 242 and 2421 of the Criminal Code of the Russian Federation, which includes, in particular, depicting sexual intercourse or comparable to sexual intercourse acts of sexual nature. Under this approach, the indication of the comparability of acts of sexual nature with sexual intercourse forms the meaningful boundaries of this concept for the purposes of the relevant norms of the Criminal Code of the Russian Federation. The article reveals the necessity of defining the term under study for the purposes of qualifying acts under the norms on liability for organizing prostitution and involvement in prostitution. With references to examples it has been proved that the practice sets a broad range of actions that can be committed within prostitution environment.