Safonov V.N., Agayev G.A. —
Some problems of qualification of violent acts of a sexual nature according to the objective side of the crime
// Law and Politics. – 2024. – ¹ 1.
– P. 37 - 47.
DOI: 10.7256/2454-0706.2024.1.69497
URL: https://en.e-notabene.ru/lpmag/article_69497.html
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Abstract: The subject of the study is the criminal law norms regulating legal relations in the field of sexual inviolability and sexual freedom of the individual (the article 132 of the Criminal Code of the Russian Federation).
The object of the study was the legal relations arising in connection with violent sexual crimes and legal relations related to causing harm to health or death to a person. The authors consider in the most detail the signs of the objective side of sexual violence. The interpretation of violent acts of a sexual nature is suggested, which make it possible to assess their real social danger.
The purpose of the study was to identify the doctrinal, law enforcement and legislative problems of the mentioned norm and proposals for their resolution.
When writing the article, general, general scientific, private scientific and special research methods were used.
The scientific novelty is substantiation of the fact that due to the legal and technical features of the legislative consolidation of the objective side of the composition of violent acts of a sexual nature, the importance of doctrinal and law enforcement interpretation of the signs of the objective side of sexual crimes, in particular, other violent acts of a sexual nature, increases. The conclusion is substantiated that ignoring the significance of the signs of the objective side of the crime leads to qualification errors. Recommendations for the legislative reconstruction of Article 132 of the Criminal Code of the Russian Federation are proposed. It is argued that while maintaining the legislative prerequisites for an ambiguous interpretation of other sexual acts, the law enforcement officer should take into account the actual and axiological content of the latter, which will allow them to assess their real social danger.