PROBLEMS OF OPTIMIZATION OF CRIMINAL LEGISLATION IN THE IMPOSITION OF PUNISHMENT FOR CRIMES INFRINGING ON THE RIGHTS AND FREEDOMS OF THE VICTIM IN A HELPLESS STATE

Within the framework of article, the current problems of the qualification of crimes against victims in a helpless state are considered, proposals are developed to optimize criminal legislation in terms of sentencing for crimes that infringe on the rights and freedoms of a victim in a helpless state. In modern Russian criminal law, the concept of “the state of helplessness of the victim” as a specific legal fact is included as a mandatory criminalizing or qualifying feature in the structure of a number of crimes that infringe on life, health, personal freedom, as well as sexual freedom and sexual inviolability of a person. The criminal law also attaches importance to this legal fact of the circumstance aggravating the punishment, but does not define its substantive content, which entails a decrease in the legal certainty of the relevant criminal law prescriptions. The sign of helplessness of the victim, being essentially evaluative, is nevertheless partially specified in the resolutions of the Plenum of the Supreme Court of the Russian Federation “On judicial practice in cases of murder” and “On judicial practice in cases of crimes against sexual inviolability and sexual freedom of the individual”. Legal science also does not contain a clear and unambiguous concept of “helpless state”, which has criminal legal significance, it does not contain criteria for assessing the state of helplessness; specific recommendations on the qualification of crimes committed against persons in a helpless state are not fully developed; which creates certain obstacles in the criminal legal protection of their rights and freedoms.

criminal law protection, victim protection, helpless state, violent crimes, qualification, sentencing, judicial practice, foreign practice, young children, disabled people, criminal legislation

Yatselenko B. V., Shikula I. R., Kameneva Z. V. Problems of optimization of criminal legislation in the imposition of punishment for crimes infringing on the rights and freedoms of the victim in a helpless state. Biznes. Obrazovanie. Pravo = Business. Education. Law. 2023;4(65):195—200. DOI: 10.25683/VOLBI.2023.65.794.