Необходимость различения юридических и медицинских терминов при обсуждении сексуальных злоупотреблений в отношении детей
This article examines the provisions of the criminal legislation of the Republic of Serbia on sexual violence against minors. The author considers the extent of this type of crime, and also gives the main provisions of the criminal legislation of Serbia regarding the sexual immunity of juveniles contained in the articles of the Criminal Code, as well as special regulations; and the provisions of international agreements ratified by that country. The main task of the work is the analysis of foreign experience in the protection of the rights of minors. At the same time, the transformation of the norms of the Serbian legislation regarding the sexual inviolability of minors, the implementation of international norms of law, and the expansion of Serbian national law are analyzed. The author outlines the main characteristics of the criminal legislation of Serbia in the issues of counteracting the phenomenon of sexual violence against minors. In this study, separate articles of the Criminal Code of the Republic of Serbia are analyzed and comparative analysis is conducted between them, while in interpreting certain provisions and concretizing law enforcement practice, the author actively engages modern Serbian scientific literature. Legislation of the Republic of Serbia demonstrates a high differentiation in the composition of the crime, which probably makes it possible to combat crime more successfully.
The purpose of the article is to analyze the current system of crimes against sexual freedom fnd sexual inviolability in the context of the Explanatory Note to Article 131 pf the Criminal Cjde of the Russian Federation. The Explanatory Note contains Requirements to qualify dissolute acts (article 134, 135 of the RF Criminal Code), committed against persons under the age of 12 in accordance with Article 131 (4)(b) or Article 132 (4)(b) as rape jr sexual assault. In revealing the effects of the transformation, the author shows that now chapter 18 of the RF Criminal Code contains two systems of crimes against minors, namely, a complete and truncated systems. This approach is far from being obvious. The second research issue is associated with the evaluation of normative grounds pf compliance the provisions contained in the Explanatory Note with the provisions of Article 8 of the RF Criminal Code.
The article is devoted to a detailed analysis of main definitions used by the legislator to describing the sexual offences, in particular rape and sexual assault. By using of "comparative" method were identified resemblances and distinctions of the above actions. The results of this research allow solving the problem of qualification of these crimes by the enforcer.