Proceedings of the International Conference on Social Science, Psychology and Legal Regulation (SPL 2021)

Substitution of a Child: Features of Definition of Object and Victim of the Criminal Offense

Authors
Sofia LykhovaORCID, Tetiana Lysko*, ORCID, Viktoriia SysoievaORCID
National Aviation University, Kyiv, Ukraine
Corresponding Author
Tetiana Lysko
Available Online 18 December 2021.
DOI
10.2991/assehr.k.211218.039How to use a DOI?
Keywords
substitution of a child; criminal offense against the will; object of a criminal offense; victim of a criminal offense
Abstract

The scientific article examines the problems of determination of the victim of the criminal offense “Substitution of a child”. The authors are right when argue that the object of the child’s substitution is to recognize social relations that ensure the realization of the child’s right to live and be raised in his family, and the right of parents to live with their child, raise him without divorce against his will. The rights of these persons may be limited only in cases specifically provided by law. The authors analyze the theoretical and practical problems of identifying the victim in the commission of this criminal offense, they provide discussions on the age of the child, who is being replaced. The authors believe that the disposition of the criminal law should provide for all possible options. Therefore, it is seen that the criminal law avoids specifying the age of the child who is being replaced or with which the replacement is being made. The instruction in the Criminal Code on the fact that only a newborn child can be replaced unreasonably narrows the content of the criminal law. A person under 18 years should be considered as a child in the context of the Art. 148 of the Criminal Code of Ukraine. The authors argue that when committing a criminal offense under the Art. 148 of the Criminal Code of Ukraine, violates not only the rights of the child, but also the rights of his parents. The purpose of this article is to identify gaps in the legal regulation of liability for the substitution of a child, as well as the search for preliminary recommendations for improving criminal law.

Copyright
© 2021 The Authors. Published by Atlantis Press SARL.
Open Access
This is an open access article under the CC BY-NC license.

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Volume Title
Proceedings of the International Conference on Social Science, Psychology and Legal Regulation (SPL 2021)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
18 December 2021
ISBN
10.2991/assehr.k.211218.039
ISSN
2352-5398
DOI
10.2991/assehr.k.211218.039How to use a DOI?
Copyright
© 2021 The Authors. Published by Atlantis Press SARL.
Open Access
This is an open access article under the CC BY-NC license.

Cite this article

TY  - CONF
AU  - Sofia Lykhova
AU  - Tetiana Lysko
AU  - Viktoriia Sysoieva
PY  - 2021
DA  - 2021/12/18
TI  - Substitution of a Child: Features of Definition of Object and Victim of the Criminal Offense
BT  - Proceedings of the International Conference on Social Science, Psychology and Legal Regulation (SPL 2021)
PB  - Atlantis Press
SP  - 238
EP  - 242
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.211218.039
DO  - 10.2991/assehr.k.211218.039
ID  - Lykhova2021
ER  -