Greben'kova L.A. —
Criminal and legal qualification of the victim of the crime of enticing a minor into committing acts endangering his life (Article 151² of the Criminal Code of the Russian Federation)
// Law and Politics. – 2023. – ¹ 11.
– P. 22 - 34.
DOI: 10.7256/2454-0706.2023.11.68993
URL: https://en.e-notabene.ru/lpmag/article_68993.html
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Abstract: This article explores the intricate landscape of criminal-legal relations pertaining to the definition of characteristics of victims, particularly minors, within the framework of Article 151² of the Criminal Code of the Russian Federation. The author unravels the psychological, social, and legal foundations underpinning the inclusion of "minor" as a distinct category characterizing crime victims. Emphasizing modern perspectives on human development and the determination of the age of majority, the study delves into the nuanced legal status of minors as both subjects and victims of criminal acts.
Employing general scientific methods, formal-legal interpretation, and critical-legal analysis, the author scrutinizes the existing legal norms, shedding light on their shortcomings. Special attention is dedicated to unique categories of juvenile victims, such as emancipated individuals and those with social and mental development peculiarities. The research marks a contribution by offering the first comprehensive analysis of victim characteristics governed by Article 151².
Key findings underscore the necessity of recognizing minors as a distinctive victim category, driven by inherent psychological traits, the demand for specialized legal protection, and their limited legal status. The study highlights specific temporal constraints related to the minor age of victims and minimizes the relevance of personal characteristics and moral qualities in cases involving crimes committed by minors. Proposing legislative improvements, the article enhances understanding and discourse in this complex intersection of criminal law and juvenile victimology.
Greben'kova L.A. —
The role of international organizations and international law in protecting minors from implication in life and health threatening illegal activities
// International Law and International Organizations. – 2021. – ¹ 4.
– P. 63 - 75.
DOI: 10.7256/2454-0633.2021.4.37064
URL: https://en.e-notabene.ru/mpmag/article_37064.html
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Abstract: The subject of this research is the role of international organizations, as well as legal acts adopted on the international level aimed at protecting the rights and ensuring security of minors, namely with regards to implication in illegal activities that threaten their life and health. The author aims to determine the international legal basis for the emergence of the norms in national criminal legislation that protect minors from such violations. Emphasis is placed on the process of establishment of international legal protection of minors, and the role of international organizations therein. Special attention is given to the corresponding regional international documents, which contain innovative provisions that should be included into the framework acts. The novelty of this research lies in comprehensive analysis of the international legal grounds for protection of minors from implication in illegal activities that threaten their life and health. The conclusion is made that the list of measures for the protection of minors established by the international acts is constantly expanding; despite the fact that the international acts and decisions of international organizations do not contain the norms that explicitly stipulate the responsibility of the states to ensure protection of minors from implication in illegal activities, the responsibility on establishing such protection stems from the norms that declare the need to protect minors from negligent treatment, engagement in negative social practices, as well as ensuring their information security. Therefore, the inclusion of the norm 151.2 “Implication of a minor in commission of life and health threatening actions” into the Criminal Code of the Russian Federation has solid foundation associated with the acts of international law and activity of international organizations.
Greben'kova L.A. —
Criminal legal characteristic of the object of involvement of minors in the commission of acts dangerous for the minor's life (Article 151.2 of the Criminal Code of Russian Federation)
// Law and Politics. – 2018. – ¹ 2.
– P. 27 - 33.
DOI: 10.7256/2454-0706.2018.2.25615
URL: https://en.e-notabene.ru/lpmag/article_25615.html
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Abstract: The subject of this research is the characteristics of the object of criminal involvement of a minor in the commission of acts dangerous for minor’s life. The author attempts to determine the key criminal relevant features of the aforementioned act that define its objective hazard to society, sufficient for acknowledging as socially dangerous, as well as the need for criminalization. Attention is also focused on the circumstances that significantly increase the typical social danger of the criminal act that can be included into the criminal legislation as a qualifying factor. Using the formal legal method alongside the literal interpretation of legal acts, the author conducts the detailed analysis of the content of the basic, additional, and facultative object of crime, the responsibility for which is established by the Article 151.2 of the Criminal Code of Russian Federation. The main conclusion lies in the fact that besides the main object that implies the interests of healthy development and upbringing of a minor, as well as the additional object (life of a minor), the considered act can cause harm to health, freedom, and sexual integrity of a minor alongside the interests of family upbringing and the established order of exercising pedagogical activity. The indicated circumstances must be taken into account through determination of the qualifying factors. Therewith, there is a need for protection of public morality from the public propaganda unlawful activity.