Elements of a Crime under Article 156 of the Criminal Code of the Russian Federation

The analysis of international and Russian legislation providing protection for minors has shown that it actively uses the term "child abuse". However, neither of the documents provides a clear definition of this term, which leads to multiple interpretations both in theory and practice. The purpose of the article is, firstly, to define "child abuse" and, secondly, to analyse Article 156 of the Criminal Code of the Russian Federation, which criminalises the failure to discharge or improper discharging the duties of bringing up a minor by a parent or by any other person charged with these duties, or by a teacher or other worker of an educational, medical, or other establishment which is duty-bound to exercise surveillance over a minor if this deed is associated with the minor abuse. The author emphasises that none of the current regulatory legal acts discloses which particular treatment of a child should be considered as "abuse" and provides a definition of either the "abuse" itself or its manifestations. Drawing on the definitions of this concept in the scholarly literature, the author has concluded that most researchers define "abuse" through various forms of violence. The article contains an analysis of these forms to argue that child abuse cannot be considered simply as a consequence of mental pathology or moral and ethical underdevelopment of an adult. This is a socio-psychological phenomenon, reflecting the status of childhood in society. It is noted that the current Russian legislation provides for the protection of minors from many types of abuse, although often it does not contain effective mechanisms for thereof. Particular attention is paid to the analysis of Article 156 of the Criminal Code of the Russian Federation, which provides for criminal liability for non-fulfillment of obligations to raise a minor.

Keywords

Authors

References