TOPICAL PROBLEMS OF QUALIFICATION OF CRIME, PROVIDING RESPONSIBILITY FOR INDECENT ASSAULT (ARTICLE 135 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION), AND MEASURES TO IMPROVE THE CRIMINAL STRUCTURE

• Published in: Bulletin of Udmurt University. Series Economics and Law Vol. 30; no. 2; pp. 264 - 270
• Main Authors: Kalugina, N.G., Shutova, A.A.
• Format: Journal Article
• Language: Russian
• Published: 23.04.2020
• ISSN: 2412-9593; 2413-2446
• DOI: 10.35634/2412-9593-2020-30-2-264-270

In this article, the various issues of legal assessment of the offence, which provides for liability for indecent acts against teenagers who have not reached the age of sixteen, are to be studied. In addition, the article considers problems arising in the process of qualification of the act, including those related to the determination of the ways of committing indecent acts, the age characteristics of the victim of the crime, as well as the understanding of the characteristic of the personality of the perpetrator. In addition to these issues arising in law enforcement, in our view, it is necessary to improve the criminal law norm. It is proposed to make some changes to the elements of the offence provided for in articles 135 of the Criminal Code of the Russian Federation, thus facilitating the process of qualification of the act and, in general, law enforcement activities. It also seems necessary for us to establish such a form of illegal activity as a criminal offence under article 134 of the Criminal Code of the Russian Federation, as commission of other acts of a sexual nature with the victims in the event of mutual consent.