Родовий об’єкт домагання дитини для сексуальних цілей (ст. 156-1 КК України).

The article considers the issue of the generic object of a criminal offense through the prism of social relations, theliability for which is provided for by Article 1561 of the Criminal Code of Ukraine («Solicitation of a child for sexualpurposes»).It is determined that the dominant approach in modern scientific thought, according to which the generic objectof Section IV of the Special Part of the Criminal Code (the structure of which includes the analyzed offense) is consideredin two components (as social relations regarding the provision of sex freedom and sex integrity), should be revised.It is argued that such a position is dictated primarily by the obsolescence of terminology with the component «sex»and the need to replace it with one that includes the word «sexual». In addition, it is determined that for greater claritythe generic object should be united by a single, unified category. Based on the analysis of existing points of view on thisissue, it is proposed to understand «the safety of sexual relations between people» as such. In view of this, a proposalis made to amend the current wording of the title of Section IV of the Special Part of the Criminal Code.Keywords: criminal law, Special Part of the Criminal Code of Ukraine, object of criminal offense, safety, solicitationof a child for sexual purposes.

Publication Details

Journal
Scientific periodicals of Ukraine
Published
2024-12-31
Primary Topic
Legal Studies and Reforms
Type
article
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article

Родовий об’єкт домагання дитини для сексуальних цілей (ст. 156-1 КК України).

Scientific periodicals of Ukraine
Legal Studies and Reforms
article

Родовий об’єкт домагання дитини для сексуальних цілей (ст. 156-1 КК України).

article en

Abstract

The article considers the issue of the generic object of a criminal offense through the prism of social relations, theliability for which is provided for by Article 1561 of the Criminal Code of Ukraine («Solicitation of a child for sexualpurposes»).It is determined that the dominant approach in modern scientific thought, according to which the generic objectof Section IV of the Special Part of the Criminal Code (the structure of which includes the analyzed offense) is consideredin two components (as social relations regarding the provision of sex freedom and sex integrity), should be revised.It is argued that such a position is dictated primarily by the obsolescence of terminology with the component «sex»and the need to replace it with one that includes the word «sexual». In addition, it is determined that for greater claritythe generic object should be united by a single, unified category. Based on the analysis of existing points of view on thisissue, it is proposed to understand «the safety of sexual relations between people» as such. In view of this, a proposalis made to amend the current wording of the title of Section IV of the Special Part of the Criminal Code.Keywords: criminal law, Special Part of the Criminal Code of Ukraine, object of criminal offense, safety, solicitationof a child for sexual purposes.

Scientific periodicals of Ukraine
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Legal Studies and Reforms
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