About incorrectness of definition of the concept "minor" in the text of the Criminal Code of the Russian Federation

Declaration of the Rights of the Child of November 1959 enshrines the principles according to which "The child shall enjoy special protection, and shall be given opportunities and facilities, by law and by other means, to enable him to develop physically, mentally, morally, spiritually and socially in a healthy and normal manner and in conditions of freedom and dignity. In the enactment of laws for this purpose, the best interests of the child shall be the paramount consideration". According to Article1 of Convention on the Rights of the Child, a child means every human being below the age of eighteen years unless under the law applicable to the child, majority is attained earlier. The notions "child", "minor" and "a person under eighteen" in the above international legal document are used as identical in their contents. It is necessary to note that there is no identity between the above notions in the Russian criminal legislation. For example, Part 1, Article 87 of the Criminal Code of the Russian Federation defines minors as those who were 14 at the time of crime commission, but were under 18. According to such definition, it is possible to draw a conclusion that the period of minority includes only four years, which in ordinary understanding are associated with the notion "teenager" that does not exist in current law. Legislative definition of age could be explained by the fact that Article 87 of the Criminal Code of the Russian Federation deals with minors, who committed crimes, i.e. about the subjects of crime, but not with those minors who were the victims of crimes. Moreover, since a person under 14 is not subject to criminal liability according to Part 2, Article 20 of the Criminal Code of the Russian Federation, this period of human life in this context could drop out of the sphere of attention of legislators. The ambiguous situation in relation to the contents of the term "minor" in current Criminal Code of the Russian Federation is in many respects caused by disregard of the rules of legal technique and first of all terminological rules. Taking into account the above information and in order to avoid terminological confusion it is advisable to indicate the age in concrete temporary limits; in dispositions of articles of the Criminal Code of the Russian Federation to use the terms "minor" (the minor who obviously did not reach sixteen-year, fourteen-year or twelve-year age). Acceptance of this offer will not only cause refusal of the provision in Part 1, Article 87 of the Criminal Code relating only to the definition of age of criminal prosecution of minors which is the main source now, the existing misunderstanding on the matter but also will promote adequate reflection of the concept "minor" and its semantic unambiguity.

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