COMPARATIVE ANALYSIS OF NONVIOLENT SEXUAL ABUSE OF MINORS UNDER THE CRIMINAL LEGISLATION OF RUSSIA AND LATVIA
Компаративный анализ ненасильственных половых посягательств на несовершеннолетних в уголовном законодательстве России и Латвии

Инга Пантюхина, Inga Pantyukhina, Любовь Ларина, Lyubov Larina
2016 Journal of Foreign Legislation and Comparative Law  
The article conducts comparative research of criminal laws of Latvia and Russia regarding protection of sexual inviolability of minors. It reveals strengths and weaknesses of laws in both countries. The comparative analysis shows that the Latvian legislation contrasts favorably in regulation of all forms of nonviolent sexual contacts by a full age person with a person under the age of sixteen years as part of single corpus delicti; in legal interpretation of sexual abuse, in establishment
more » ... establishment whether it is violent or non violent, specification of their modus operandi. The Criminal Code of the Russian Federation better regulates a victim's age in nonviolent sexual abuse of minors (12—16 years); the Code recognizes persons under the age of twelve years helpless; it differentiates criminal liability within the qualified offence. In Latvia the system of punishments for these crimes is more logical, whereas in Russia they are excessively differentiated that leads to the absence of demand for the upper limits of sanctions. The authors pay special attention to the rule of the Latvian Criminal law providing responsibility for inducement to sexual activities. There is no similar structure in the Criminal Code of the Russian Federation therefore such offences often remain nonpunishable. In conclusion the authors note that mutual use of the revealed positive moments of the studied norms can raise the level and quality of protection of sexual inviolability of younger generation in both countries.
doi:10.12737/19199 fatcat:xhjutcbxpzdobg2q3qwisevw2e