Substitution of a Child: Features of Definition of Object and Victim of the Criminal Offense
- 10.2991/assehr.k.211218.039How to use a DOI?
- substitution of a child; criminal offense against the will; object of a criminal offense; victim of a criminal offense
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.
- © 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 -