The dissertation is devoted to the characterization of means of criminal-legal protection of minors’ morality under articles 150, 150-1, 304 of the Criminal Code of Ukraine. In this research for the first time the necessity to differentiate legal grounds for criminal liability for violent and non-violent labor exploitation of a child, as well as for committing this crime by a group of persons under a preliminary conspiracy is substantiated, on the basis of which the corresponding amendments and changes to Art. 150 of the Criminal Code of Ukraine are proposed. The existence of gaps in the criminal law protection of minors’ morality from impediment to the minors’ cessation of criminal or other anti-social activities has been established, as a result the corresponding proposals for the amendments to part 1 Article 304 of the Criminal Code of Ukraine have been elaborated and substantiated. On the basis of a comprehensive analysis of investigative and judicial practice, international legal standards for the proper protection of minors from economic exploitation the amendments to paragraph 4 Part 1 Art. 96-3 of the Criminal Code of Ukraine are proposed, according to which the list of the grounds for criminal-law measures application to a legal person should be supplemented with committing the offense under art. 150 of the Criminal Code of Ukraine by the authorized person acting on behalf and in the interests of the legal person.
In the dissertation the availability, a scientific description and explanation of the grounds and principles of criminalization of infringements on minors’ morality are established. In particular, the social danger of infringements on minors’ morality is determined; insufficiency of other, alternative, non-criminal-law, means for effective counteraction to these acts and the necessity of criminal law guarantee of minors rights protection are proved.
The international standards of minors’ morality protection as guidelines for its criminal-law protection in Ukraine are analyzed. The minors’ morality as an object of criminal law protection in the domestic legal system is characterized.
The characteristic of socially dangerous acts as signs of corpus delicti under art. 150, 150-1 and 304 of the Criminal Code of Ukraine is provided. As a result, it is improved the scientific understanding of the labor exploitation of the child. It is proved that the usage of child’s labor is not a method, but the meaning of the exploitation which stands for the direct or indirect removal the useful qualities, namely the results of work in the form of material goods, from the child’s activity. The opinion is expressed that the imperative objective characteristic of the crime under Art. 150-1 of the Criminal Code of Ukraine is the circumstances of its perpetration.
The socially dangerous consequences and causality are described as characteristics of the crimes according to Art. 150, 150-1 and 304 of the Criminal Code of Ukraine. The notion of significant harm for the educational level of the child as a socially dangerous consequence of its exploitation is defined.
The characteristics of the subjective element of corpus delicti under the articles 150, 150-1 and 304 of the Criminal Code of Ukraine are analyzed, as a result of which: a) the possibility of its perpetration with both direct and indirect intent is proved and respected legal enforcement recommendations are developed; b) it is substantiated that the intent of committing the crime under art. 304 of the Criminal Code of Ukraine is concrete with regard to the minor and the type of criminal or other anti-social activity, in which the involvement takes place; c) it is established that the motive and purpose are optional elements of corpus delicti.
The description of the subjects of crimes under articles 150, 150-1 and 304 of the Criminal Code of Ukraine is provided. It is proved the expediency and necessity of amendments to the article 150-1 of the Criminal Code of Ukraine, aiming at the creation of basic corpus delicti, the element of which is the general subject, and the qualified corpus delicti (part 2 Article 150-1 of the Criminal Code of Ukraine) with special subject, namely the parents of a minor or persons who substitute them. The thesis substantiates the legal significance of the age difference between the victim and the subject of the crime under Art. 304 of the Criminal Code of Ukraine.
The types and scope of penalties for crimes against minors’ morality under the Criminal Code of Ukraine are analyzed. The prospects of improvements of penalties for crimes in the sphere of protection of minors’ morality with due account taking of the foreign countries experience are determined.
Proposals for the improvement of the current version of Art. 150, 150-1 and 304 of the Criminal Code of Ukraine are elaborated.
