Actual problems of innovative economy and law

Journal "Actual problems of innovative economy and law" is included in category B for specialties: in the field of knowledge "Management and administration": 073, 076 (order of the Ministry of Education and Science of Ukraine dated 23.08.2023 No. 1035) and 071, 072, 075 (order of the Ministry of Education and Science of Ukraine dated 12.20.2023 No. 1543); in the field of knowledge "Social and behavioral sciences" 051 (order of the Ministry of Education and Science of Ukraine dated August 23, 2023 No. 1035); in the field of knowledge "Law" - 081 and "Public management and administration" - 281 (order of the Ministry of Education and Science of Ukraine dated 12.20.2023 No. 1543).
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On the application of general principles of sentencing for crimes against sexual freedom and inviolability

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УДК: 343.9

DOI: https://doi.org/10.36887/2524-0455-2024-6-2

Shinkarov Yurii,
Candidate of Sciences in Law, Associate Professor, Head of the Department of Legal Regulation of Economy of the
Simon Kuznets Kharkiv National University of Economics,
https://orcid.org/0000-0003-1173-7975

The article focuses on the uniqueness of the legislative design of sanctions for rape committed repeatedly against a person under the age of fourteen, regardless of his/her voluntary consent (or by a person who has previously committed any of the crimes under parts four or five of Article 153, Article 155 or part two of Article 156 of the Criminal Code of Ukraine, part 6 of Article 152 of the Criminal Code of Ukraine) and for repeated sexual violence against a person under the age of fourteen, regardless of his or her voluntary consent or by a person who has previously committed any of the criminal offenses under part four of Article 152, Article 155 or part two of Article 156 (part 6 of Article 152 of the Criminal Code of Ukraine). It is stated that this sanction is unique in the structure of the current law on criminal liability since it has the features of absolute certainty. This sanction alternatively provides for two bare punishments – imprisonment for a fixed term and life imprisonment. At the same time, the term of imprisonment is specific – 15 years, which creates the uniqueness of this sanction. The article analyzes the court practice of sentencing for these types of offenses. Applying the general principles of sentencing for offenses of this kind is studied. The author notes that a limited number of tools can ensure maximum implementation of the principle of individualization of punishment in this case. It is determined that individualization of punishment is reduced to a choice between two types of bare punishment and only in some cases to an increase or decrease in the term of punishment per Articles 70 or 69 of the Criminal Code of Ukraine.

Keywords: sexual freedom, sexual inviolability, sentencing, general principles of sentencing, sanction, criminal law measures.

References.

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The article was received 22.11.2024

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Shinkarov Yurii. 22.11.2024. On the application of general principles of sentencing for crimes against sexual freedom and inviolability. The journal "Actual problems of innovative economy and law". 2024 / #6. 10-14pp. https://doi.org/10.36887/2524-0455-2024-6-2

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Shinkarov Yurii. "On the application of general principles of sentencing for crimes against sexual freedom and inviolability". The journal "Actual problems of innovative economy and law". 22.11.2024. https://doi.org/10.36887/2524-0455-2024-6-2

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