Criminal Liability for Non-Performance or Improper Performance of Duties of Raising a Minor in Foreign Countries

The aim of the work is to consider the constructive features of legal norms that provide for criminal prosecution for nonperformance or improper performance of responsibilities when raising a minor. As a result of the application of the comparative legal method and the analysis of the provisions of the criminal laws of foreign countries, the author's position on the grounds for their classification is formed. Countries are divided into several groups depending on the presence (or absence) of provisions in the criminal legislation governing criminal liability for failure to perform the duties of raising a minor. In the criminal laws of the first group, failure to perform the duties of raising a minor and cruel treatment with them are included in one element of a crime. In the normative acts of the second group, the corresponding criminal prosecution for failure to fulfil the obligations of raising a minor does not imply an obligatory condition of cruel treatment of a child. In the criminal laws of the third group, there is no criminal liability for evading the responsibility of raising a minor. The second type of classification of criminal laws of foreign countries is due to the presence or absence of an element of a crime in them, which provides for the prosecution for cruel treatment of minors. The author believes that Art. 156 of the Criminal Code of the Russian Federation must be edited, a model could be the provisions of the Criminal Code of Armenia. Part 1 should provide for the prosecution for non-performance or improper performance of the obligation of raising a child. However, the commission of this act with particular cruelty should be considered as a qualified element of a crime (Part 2). At the same time, it is necessary to distinguish between the act under Part 1 of Art. 156 of the Criminal Code (in the version proposed by the author) and Part 1 of Art. 5.35 of the Code of the Russian Federation on Administrative Offenses. It seems that the criminal law norm should contain an indication that the punishable act is an act “posing a danger to the health, safety, morality of a minor” (as is done in the corresponding norm of the French Criminal Code). In this case, the sanctions provided for in Art. 156 of the Criminal Code must relate to the act that will be enshrined in Part 2 of this Article. In the author's opinion, a less severe punishment should be applied to persons who improperly perform their parental duties, provided that no dangerous consequences have occurred. The relevant acts should be classified as crimes of little gravity, with appropriate sanctions provided for their commission.

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