Abstract: The subject of the research is the issue of identifying the key features of a single continuing violent sexual crime and its distinction from the aggregate of such crimes. The relevance of this issue is related to its controversial nature both in the doctrine of criminal law and in law enforcement. In this regard, such characteristics as identification of the act and of intent are considered, including in relation to violent sexual crimes. The attempt is made to resolve this problem taking into account the position of the Criminal Court of the Russian Federation as well as current trends in law enforcement practice. This issue is considered on the basis of a comparative-law and systemic analysis of the provisions of criminal law that establish criminal liability for sexual freedom crimes. During the analysis of the problem, the concept of a single continuing violent crime against sexual freedom has been developed, as well as criteria for distinguishing it from the similar crimes. The research has led to a reasonable conclusion that different sexual crimes should be grouped under one legal provision. This provision must include such qualifying key feature as committing such actions against two or more persons, regardless of their age. As a result of the conducted research, reasonable conclusions were made about the necessity of combining violent sexual crimes, currently provided for by Articles 131 and 132 of the Criminal Code of the Russian Federation, into one article of the Criminal Code of the Russian Federation and adding to it such a qualifying feature as the commission of these acts in relation to two or more victims, regardless of their age.

Keywords: sexual freedom, multiplicity of victims, identity of actions, common intention, violent actions, rape, violent sexual crime, set of crimes, single continuing crime, sexual inviolability

Abstract: This article analyzes the peculiarities of the development of legal positivism (juspositivism) in the countries of the Anglo-Saxon legal family. This approach to legal understanding was developed by professional lawyers and reflects the specifics of their legal consciousness focused on the study of positive law and its practical implementation. The key concepts defining the historical trajectory and problem field of legal positivism in the Anglo-American tradition, namely the legal teachings of Thomas Hobbes, David Hume, Jeremy Bentham, John Austin, Matthew Hale, William Blackstone, John William Salmond, William Jethro Brown, Herbert Hart are explored. As a result of the research the author made the following conclusions. The theoretical basis of the “first” legal positivism in England was largely laid by the political-legal teachings of T. Hobbes, in which it is possible to identify some common features with the legal concepts formulated by J. Bentham. The methodological basis for the British theories of legal positivism can be found in the concept developed by D. Hume. It presupposes the separation of two spheres: that which ought to be (“proper”) and that which is in effect (“essence”). At the same time, it is argued that the object of cognition and scientific research should be only the area of “essence”. The peculiarities of the genesis of the key institutions in the family of common (precedent) law determine the directions of the development of juspositivism concepts in the Anglo-American tradition. However, it is important to fix the special manifestations peculiar to “common law” and ways of adapting them to the provisions and principles of analytical jurisprudence. The paper also provides a brief overview of selected criticisms of Herbert Hart’s positivist project by John Finnis, Joseph Raz, Neil McCormick, and some other representatives of contemporary analytic jurisprudence.

Keywords: John Austin, Jeremy Bentham, analytical jurisprudence, legal consciousness, command concept, Anglo-American tradition, legal positivism, philosophy of law, Herbert Hart, post-Hartian juspositivism