CONSIDERATION OF AGE-RELATED CHARACTERISTICS OF A PERSON IN THE QUALIFICATION OF CRIMINAL OFFENCES

Abstract

The article considers various aspects of taking into account the age characteristics of a person when carrying out a criminal-legal assessment of socially dangerous acts committed by him or in relation to him. The author examines the legislative and law-enforcement problems that arise in such cases and suggests ways to solve them. In the article, it is proposed to make additions to Part 2 of Art. 22 of the Criminal Code of Ukraine, according to which provide criminal responsibility from the age of fourteen for committing such criminal offenses as: leading to suicide (Article 120), torture (Article 127), threatening to kill (Article 129), illegal deprivation of liberty or kidnapping of a person (Article 146), involvement in the commission of a terrorist act (Article 258-1), facilitation of the commission of a terrorist act, training in terrorism (Article 258-4), illegal production, manufacture, acquisition, storage, transportation, forwarding or sale narcotic drugs, psychotropic substances or their analogues (Article 307), illegal production, manufacture, acquisition, storage, transportation or forwarding of narcotic drugs, psychotropic substances or their analogues without the purpose of sale (Article 309), illegal introduction of narcotic drugs into the body, psychotropic substances or their analogues (Article 314), inclination to use narcotic drugs, psychotropic substances or their analogues (Article 315), illegal public use of narcotic drugs (Article 316). The author also proposes to establish criminal liability for committing acts of a sexual nature with a person who has not reached the age of sixteen (Article 155) not from the age of eighteen (as now), but from the age of sixteen. It is indicated the need to establish enhanced criminal liability for the commission of such criminal offenses against minors and the elderly as: intentional murder (Article 115), intentional grievous bodily harm (Article 121), intentional moderate bodily harm (Article 122), torture (Article 127).