Violent juvenile delinquency. Some issues of prevention of violent sexual crimes committed against minors. Violent adult sexual offenses

The article examines the criminological foundations for the prevention of violent crimes in the family committed against minors. Based on the structural analysis, the concept and essence of a violent crime in the family as a social and legal phenomenon are revealed, its structure is shown. The author gives a criminological description of violent crimes in the family against minors, analyzes the consequences of their commission and their significance.

CRIMINOLOGICAL CHARACTERISTICS OF VIOLENT CRIME AGAINST MINORS IN THE FAMILY

UDC: 343.9.01

Forova Valentina Nikolaevna,

Moscow Academy of the Investigative Committee Russian Federation
student of the faculty of master's training

Law Institute

Moscow, Russia

CRIMINOLOGICAL CHARACTERISTICS OF ENFORCED CRIME AGAINST MINORS IN THE FAMILY

Forova Valentina Nikolaevna

Moscow academy of the Investigative Committee of the Russian Federation

Graduate Student of the Moscow, Russia

Email: [email protected]

ANNOTATION

ABSTRACT:

In the article, the criminological bases of the prevention of violent crimes in the family committed against minors are investigated. On the basis of structural analysis, the concept and essence of violent crime in the family as a social and legal phenomenon is disclosed, its structure is shown. The author gives the criminological characteristics of violent crimes in the family in relation to minors, the consequences of their commission and their significance are analyzed.

Keywords: family violence, minors, violent crime, personality.

keywords: Family violence, minors, violent crime, personality.

Despite the rapid change in social values, the restructuring of society according to a new model, in the world in general and in the Russian Federation in particular, the family remains the most important social institution. It is on the family that the state first of all assigns the tasks of educating future members of society. Being the primary cell of society, it is the family that is obliged to protect the child, teach him to communicate with the outside world and society, defend his vital interests and satisfy needs, instill legal awareness.

The acute question is that if the people who are the components of society were brought up in families with an unhealthy atmosphere, what should such a society be like in general? Recently, topics related to domestic and family violence against children have been increasingly discussed in scientific papers and in the press. The urgency of this problem allows us to call it the "epidemic of the 21st century", which has engulfed both developing and civilized countries.

From a criminological point of view, violence can act as a mandatory, alternative or additional feature of a crime. Despite this, in the Criminal Code of the Russian Federation (hereinafter - the Criminal Code of the Russian Federation) there is no legislative definition of the concept of "violence" and the content of the signs of violence is not deciphered, only its types are defined - violence is dangerous and not dangerous to life or health. In the dispositions of various articles of the Criminal Code of the Russian Federation, many terms are used that indicate the violent actions of the perpetrator, while the legislator allows for various interpretations and largely determines the nature and severity of the consequences of violence. In the Special Part of the Criminal Code of the Russian Federation, as noted by Serdyuk L.V., more than 10 terms are used to denote violent actions: “violence”, “violent action or threat of violence”, “torture”, “torture”, “special cruelty”, "coercion", "abuse", "coercion", "bullying", "torment", "harm to health", etc. .

However, as rightly pointed out by A.I. Boytsov, “... any crime (at least intentional) is a type of antisocial behavior of people that encroaches on the vital conditions of existence human society, can be characterized as an attempt to evaluate the existing order of relations in society. Therefore, the concept of violence can be understood through the same-root words: force, force - “force, force something by force, captivity”, violent, violent - “involuntary, forced”.

On March 27, 2015, the Minister of Internal Affairs of the Russian Federation Vladimir Kolokoltsev, at a meeting of the government commission on crime prevention aimed at preventing internal conflicts, noted that according to statistics, every sixth crime against the life, health and sexual integrity of minors was committed by members of their family or persons in direct contact with proximity to them. There is no doubt that statistics on the prevalence and degree of domestic violence against minors are significantly underestimated (study of violent crimes against life and health - art. 105, 107, 111-113, 114, 115, 119 of the Criminal Code of the Russian Federation) .

It is well known that the main condition for the commission of violent crimes against minors is the subordinate position of the victim in relation to the offender. In a situation of physical violence, the child, in addition to the actual physical impact, is also subjected to serious emotional pressure based on material and mental dependence on adults, the inability to violate the prohibitions imposed on him (usually unreasonable), and often the inability to inform someone about what happens to him. Moreover, the strong attachment of a child under thirteen to his parents, especially to his mother, as noted by some authors, leads to a misunderstanding of the origins of unreasonable cruelty. The child begins to blame himself for the incident, hiding the facts of cruel treatment of him by adults. Even in those cases where it was definitely known about the repeated use of violence by the mother against the minor, the child spoke about the opposite, wanting to shield her.

Family violent crime is characterized by the highest latency. With this in mind, it is impossible to reflect in quantitative terms the real state of violent crime in the family in general and in relation to minors in particular. It is often much more difficult for children to talk about the fact that they are being abused by their parents or guardians. As a rule, law enforcement agencies avoid intervening in intra-family conflicts. This should also be attributed to the factors that reduce the proportion of recorded intra-family crimes.

Children are especially vulnerable to domestic violence. Their vulnerability to aggression is due to a number of reasons:

1) unformed personality

2) the lack of a developed protective mechanism

3) financial and psychological dependence on older family members.

There is a wide variety of options for violence. Combining them by common features Criminologists distinguish four main types of domestic violence:

1. physical - causing death, beatings, other forms of causing bodily harm;

2. psychological - verbal abuse, threats, humiliation, etc.;

3. economic - prohibition to go to work or coercion to leave work, full control over expenses;

4. sexual - imposed sexual contact.

In our opinion, there is another type of family violence applicable to minors, such as neglect of the interests and needs of the child. Lack of proper satisfaction of the basic needs and needs of the child in food, clothing, housing, upbringing, education, medical care on the part of parents or persons replacing them, due to objective reasons (poverty, mental illness, inexperience of adults) and without them. Such behavior of an adult who is obliged to take care of a child is reflected in the norm of the Criminal Law, which provides for liability for failure to fulfill the duties of raising a minor, combined with cruel treatment. Article 156 of the Criminal Code of the Russian Federation provides for restriction of freedom for up to three years as the maximum basic punishment. Meanwhile, this crime is undoubtedly violent, that is, representing an increased public danger. A person who has committed a crime under Art. 156 of the Criminal Code of the Russian Federation, as a rule, is characterized by negative moral and ethical attitudes, has an antisocial social orientation. In addition, there are cases of relapse even after being held accountable under Art. 156 of the Criminal Code of the Russian Federation.

Speaking about the consequences of domestic violence against minors, it is worth distinguishing them into groups related to the type of violence the child was subjected to. Thus, victims of physical violence suffer mainly from traumatic consequences such as abdominal injuries and chest, brain injuries, bruises and scars, burns, injuries of the central nervous system, fractures, abrasions and lacerations, blurred vision. Those who have been sexually abused suffer from reproductive health problems, sexual dysfunction, sexually transmitted diseases, including HIV/AIDS, and unwanted pregnancies. The consequences of a psychological and behavioral nature stand apart, because they are quite inherent in victims who have been subjected to various types of domestic violence. Among these consequences are alcoholism and drug addiction, cognitive decline, deviant behavior, depression and anxiety, developmental delays, eating and sleeping disorders, feelings of shame and guilt, hyperactivity, poor relationships with others, poor school performance, low self-esteem, post-traumatic stress disorder, psychosomatic disorders, suicidal behavior and self-harm.

Minors who have been abused by parents and guardians often retain the memory of the experience for life. This may be the reason for the development of mental disorders in victims or a formed model of antisocial behavior. There is a high risk that a former victim of domestic violence will eventually commit such crimes. According to the data cited by the World Health Organization (hereinafter - WHO) in the report on the situation in the world, the likelihood that a person who was subjected to family violence as a child, growing up, will resort to violence in raising their own children, is significantly higher than in relation to not subjected to violence.

Criminal statistics show that up to 30% of all crimes are committed while intoxicated, and such crimes as murder, intentional infliction of bodily harm - up to 50% on average. It is noteworthy, however, that the manifestation of criminal intra-family aggression towards children is committed in a state of intoxication in 85.2% and 79.5% during or immediately after drinking alcohol. The above suggests that criminal violence can be largely attributed to the negative changes in the nervous system of the offender that occur under the influence of alcohol. It is known that a person in a state of alcoholic intoxication is easily irritated, grossly aggressive, has no internal control over his behavior, a sense of shame and responsibility for his actions, therefore, using physical violence against minors, they do not feel their strength, cause pain and can cause injury. Drinking parents often use a form of punishment that causes special suffering to children and humiliates their human dignity: depriving the child of food, warmth, clothing, locking in a cold, dark place (toilet, bathroom, basement, cellar, pantry).

The variety of causes of the family crisis determines the need to unleash the full potential of the available means of preventing domestic violence against minors and the formation of new legal, economic and organizational conditions for a targeted state policy in the field of the family. An analysis of the results of the study showed that the causes of violent crimes in the family coincide with the causes of violent crimes in general, therefore, measures of general social prevention of violent crimes in the family are essentially the same as the prevention of violent crimes.

A necessary condition or guarantee for the realization of the rights declared to the child is the legislative regulation of policy, the systematization of legislation, the revision of declarative and contradictory norms, the prevailing approach to norms of direct action with financial and organizational mechanisms for implementation and the reduction of departmental normative acts, the examination of all proposed draft laws from the standpoint of assessing their impact on the situation of children, the definition of a clear strategy of the state.

General measures include the activities of state, public, state-public bodies and organizations carried out in the socio-economic, cultural, ideological, legal and other spheres. The state, carrying out various transformations in the economy, politics, law, ideology and the social sphere, indirectly affects the indicators of the state and specific gravity crimes and the persons who committed them, although the focus of the activities did not aim to prevent crime.

An important element of the legislative provision of children's rights is Russia's entry into international agreements and conventions on various aspects of the protection of children's rights, the conclusion of international agreements on these issues and the adaptation of Russian legislation to this. International studies show that a quarter of all adults were physically abused as children. In addition, domestic violence against children causes an economic loss of 94 billion dollars a year, which is calculated from the loss of the working population, as well as payments for treatment and rehabilitation, disability benefits, legal costs intended for placing children in orphanages. etc. .

WHO, exploring this problem, expresses particular concern about the consequences that injure the individual, causing significant harm to society. The states are experiencing the same concern. Of course, it should be noted that any issue related to the upbringing of children is quite politicized, allowing the authorities both to receive the support and approval of the population, and to lose it. Protecting children from careless guardians and even from parents who use too cruel methods in upbringing is considered a task that the state is simply obliged to solve. Speaking about the high politicization of this issue, one cannot help but pay attention to the recently adopted in the Russian Federation law "On measures to influence persons involved in violations of fundamental human rights and freedoms, the rights and freedoms of citizens of the Russian Federation", one of the main topics in which was the prohibition for the adoption of children from Russian orphanages by US citizens. This law had a whole storm of responses in society, and if in Russia it received a positive assessment from the majority of citizens, then in the West the response was the opposite. This is primarily due to the way the law was presented in different countries, however, speaking about its necessity and usefulness, it is worth noting at least the fact that, according to statistics from the US Department of Justice, adopted children in the United States become victims of domestic violence almost fifty times more often than relatives. This statistic cannot be left without attention and cannot but be alarming. And the measures taken can be considered quite justified.

Violent crime in the family against minors has a number of characteristic features violent crimes, which makes it possible to single it out as a separate type in order to select and develop specific preventive measures. First of all, they should include: legal information and education of the population of Russia in matters of full observance of the rights of the child and protection from violence in the family and household sphere; purposeful formation of public opinion and intolerance to violence against minor children; preventive work of law enforcement officers and representatives of prevention of other stakeholders who identify persons prone to aggression, cruelty, violence, and the adoption of measures of coercive-individual influence, taking into account their personal characteristics.

In conclusion, we can conclude that the severe consequences of child abuse in the family have a fairly wide range of consequences, and affect not only the child directly affected by abuse, but the whole society as a whole. The negative of this phenomenon accumulates, creates social tension, and often the traumas received by a child in childhood can develop into big problems for an adult, which, in turn, can move into the category of problems of the whole society.

BIBLIOGRAPHY

Serdyuk L.V. Violence in the family is an urgent problem of Russian society Violence in the family is an urgent problem of Russian society / L.V. Serdyuk // Proceedings of the Interuniversity Scientific and Practical Conference: "State, Law, Society: Current State and Problems of Development." - Lipetsk: Publishing house of LGTU, 2015.
Antonyan Yu.M., Yutskova EM Violent Crime // Criminology: A Textbook for Law Schools / Ed. ed. A.I. Debt. M: Publishing group Norma-M-Infra, 2009.
Shmarion P.V. Violence in the family as a factor causing juvenile delinquency / P.V. Shmarion // Proceedings of the Interregional Scientific and Practical Conference: "Disclosure and investigation of crimes in modern conditions: problems, trends, prospects." Lipetsk: Publishing House of LGTU, 2006.
Ilyashenko A.P., Shmarion P.V. Criminological characteristics of victims of violence in the family / A.N. Ilyashenko, P.V. Shmarion // Russian investigator. 2015. No. 5.
Moshak G.G. Socio-psychological consequences of cruel treatment and the use of violence in the family against minors / G.G. Moshak // Sociocultural aspects of psychology and law: interuniversity collection of scientific papers. - Yelets: YSU im. I.A. Bunina, 2016.
Ilyashenko A.P., Shmarion P.V. Decree op.
Shmarion P.V. Criminological characteristics and prevention of violent crimes committed in the family against minors.: Dis... cand. legal Sciences: 12.00.08. Tambov. 2015. 266 p.
Federal Law No. 272-FZ dated December 28, 2012 “On Measures to Influence Persons Involved in Violations of Fundamental Human Rights and Freedoms, Rights and Freedoms of Citizens of the Russian Federation”. SPS "Consultant Plus".
Criminology. Textbook for universities / Under the general editorship of Doctor of Law. professor A.I. Debt. M.: Publishing house NORMA, 2011.

Some issues of prevention of violent sexual crimes,
committed against minors

Throughout the history of mankind, violence has always attracted attention primarily because people have constantly resorted to it to solve a variety of problems, from spiritual to political.

The protection of children from various criminal encroachments and involvement in illegal activities is one of the highest priorities in the domestic policy of the Russian Federation. Thus, on May 7, 2013, by Federal Law No. 76-FZ, the Russian Federation ratified the Council of Europe Convention on the Protection of Children from Sexual Exploitation and Sexual Abuse, concluded in the city of Lanzarote on October 25, 2007.

Sexual crimes that infringe on the sexual inviolability and sexual freedom of minors are one of the most dangerous types of criminal attacks against a person.

The current Russian legislation classifies the following acts as crimes of a sexual nature committed against minors: rape of minors (paragraph “a” part 3, paragraph “b” part 4 of article 131 of the Criminal Code of the Russian Federation); violent acts of a sexual nature against minors (paragraph “a” part 3, paragraph “b” part 4 article 132 of the Criminal Code of the Russian Federation); compulsion to act of a sexual nature (part 2 of article 133 of the Criminal Code of the Russian Federation); sexual intercourse and other acts of a sexual nature with a person under the age of sixteen (Article 134 of the Criminal Code of the Russian Federation), indecent acts (Article 135 of the Criminal Code of the Russian Federation). However, the range of sexual crimes committed against juveniles is much wider and may include such offenses as: murder of a minor (paragraphs “c”, “e”, “k” of part 2 of article 105 of the Criminal Code of the Russian Federation), intentional infliction serious harm to the health of a minor (clause “b” part 2, part 4 of article 111 of the Criminal Code of the Russian Federation), infection of a minor with HIV infection (part 3 of article 122 of the Criminal Code of the Russian Federation), involvement in prostitution of a minor (part 3 of article 240 of the Criminal Code of the Russian Federation) and a number of other offenses.

From the point of view of a complex (operational-search, criminological, forensic) characteristics, the main features of sexual crimes against minors can be distinguished:

Motivated intent to commit acts of a sexual nature exclusively or preferably with minors;

Repeated, serial, multi-episode encroachments;

The presence of a significant part of the criminals of mental disorders, various forms of deviant behavior;

The predominance of male criminals;

Committing a crime alone;

Careful concealment by the criminal of the facts of his criminal activity;

A high level of latency due to the non-obviousness of the commission, as well as the characteristics of both the victim and the perpetrator, the delicacy of the sphere of violated relations.

In turn, from the general characteristics, it is advisable to single out particular signs that are characteristic of the commission of a crime, when the victim and the offender are not familiar:

The violent nature of the actions of the offender with a predominance of physical violence or the threat of its use;

Lack of direct communication (contacts) between the offender and the victim prior to the commission of the crime (they see each other for the first time, or there was one-sided covert surveillance of the victim by the offender);

Lure of the victim by the perpetrator;

Multiple episodes of assaults, despite the fact that the repeated commission of an assault against the same person is extremely rare;

Preliminary preparation or planning of the algorithm of criminal actions;

Satisfaction of sexual needs in one way or by combining in a certain system;

A high proportion among criminals of persons with mental disabilities and violations of sexual preference;

Concealment of criminal acts (murder, intimidation, destruction of traces);

Increasing sophistication and severity of criminal acts as criminal activity continues.

Based on the foregoing, given that the commission of crimes of this type is accompanied by causing not only severe damage to physical health, but also an indelible moral shock to the victim, we can conclude that the prevention of violent sexual crimes against minors is the highest priority for the internal affairs bodies of the Russian Federation. .

The main factor in the commission of crimes of a sexual nature against minors is the presence of persons who, due to their personal and psychophysiological characteristics, consider sexual contacts with minors as the most effective way to satisfy their sexual needs.

The preventive activities of the internal affairs bodies of the Russian Federation should include, first of all:

Identification of persons prone to committing crimes of a sexual nature against minors;

Checking their way of life in order to establish the presence of intentions, intentions of sexual assaults against minors, preparatory actions for their commission;

Carrying out measures of individual prevention in relation to the identified persons;

Identification of the facts of already committed sexual assaults against minors and the adoption of statutory response measures.

It seems most appropriate to search for such persons among certain social groups of the population, such as:

1. Persons who have previously committed sexual crimes against minors. Persons previously convicted of sexual crimes against minors tend to try to repeat them. The basis of sexual attraction to minors is a delay in psychosexual development and a violation of contacts with older persons of the opposite sex. As a rule, the desire to satisfy sexual desire with minors is associated with a situation where contact with adult partners does not bring satisfaction and is psycho-traumatic.

2. Persons who have previously committed sexual crimes against adults. It is worth noting that most of the persons who have previously committed sexual crimes against adults have problems in the field of sexual life, and for such criminals a child as a sexual object is a source of less threat than an adult partner. The reason lies in the availability of the search for an object, the rapid establishment of contact, the greater degree of keeping the fact of sexual contact secret from others due to the specific features of the age of the victim.

3. Persons suffering from mental illness (disorders). The commission of sexual crimes by these persons is explained by their mental and intellectual disorders. In the dominant majority, persons suffering from oligophrenia show a tendency to commit this type of crime. Oligophrenia (from the Greek oligos - small, phren - mind) - pathological conditions caused by brain damage during childbirth or in the first year of life, metabolic disorders, congenital deformities, as well as chromosomal abnormalities, in the clinic of which a syndrome of relatively stable intellectual underdevelopment is manifested, leading to great difficulties in social and labor adaptation, including the establishment of healthy sexual relations with an adult partner of the opposite sex.

4. Persons who abuse alcoholic beverages, use narcotic drugs and psychotropic substances. For the most part, this category of people, as a rule, does not have clearly defined, stable paraphilias, including pedophilic tendencies, but persistent dependence on alcohol or drugs causes moral and ethical degradation, which results in a weakening of self-control mechanisms, as a result of which these people are ready to engage in sexual relations with any object. At the same time, its availability and inability to provide active resistance are of primary importance.

5. Persons working with children. This category of persons includes: teachers, teachers, educators, trainers, leaders of various circles, sections, technical staff, etc. Attention to this professional group is due to the fact that some people who initially have a sexual attraction to minors choose professions that allow them to legally be constantly surrounded by minors without arousing suspicion of criminal intent.

First of all, when working with representatives of these social groups, it is necessary to identify the facts of suspicious interest in minors, which can be expressed in: visiting the place of residence of a minor; regular appearance for no apparent reason near children's educational, medical institutions; drinking alcohol with minors and spending leisure time together; interest in child pornography, products of erotic content; employment in a job that facilitates contact with minors, lack of interest in adult women. These facts can be considered as indicators that may indicate that the identified person has an intention to commit a sexual offense against a minor.

Speaking about prevention, it should be noted that almost half of the affected children were brought up in dysfunctional or incomplete families. In a number of cases, criminals took advantage of the helpless state of parents (caused by alcohol or drug intoxication), a clearly expressed negligent attitude towards children (the use of children for vagrancy, begging, etc.) and the systematic drunkenness of parents, forcing children to leave home due to constant beatings and hunger. Such children are increasingly involved in various antisocial activities - the systematic use of alcohol, drugs, criminal activities, as well as in prostitution, sexual activity of adults.

At the same time, there is an upward trend in victims from well-to-do families. Children in such families are mainly engaged in some kind of creative, sports activities and are often forced to leave home or school on their own without being accompanied by their parents and, as a result, become completely vulnerable to criminals. Children brought up in an atmosphere of a normal social environment do not expect aggressive acts from adults. Accustomed to adequate social relations, children do not see anything reprehensible in communicating with an outside adult. On the contrary, brought up in the spirit of compassion for others, immediate assistance in the event of a request, they become victims of psychological traps created by criminals.

Knowledge of the characteristics of post-traumatic development of children is of orienting importance in the preventive activities of law enforcement agencies. Children who have experienced sexual abuse lag behind in physical and especially mental development. They develop a kind of complex of neuropsychic and behavioral deviations, disorders in the emotional sphere, they become "difficult" and even often dangerous for others. Children who have been sexually abused are often unable to develop normal relationships with their peers. Violence, especially if it was committed by a person whom the child trusted, is deeply experienced by him as a betrayal. As a result, the child withdraws into himself and does not enter into close and trusting relationships with others. In addition, the feelings of guilt and shame that usually arise in children who are victims of sexual violence interfere with the establishment of friendships and lead to isolation. Many victims do not know how to respect the rights of other people, they do not form an adequate idea of the norms of acceptable behavior. Often, their attempts to get rid of their feelings of helplessness and gain self-confidence take the form of aggression and even sexual exploitation of others.

In conclusion, I would like to note that in the last decade, ensuring a prosperous and protected childhood has become one of the main national priorities of Russia. A number of important legislative acts have been adopted aimed at preventing the most serious threats to the exercise of children's rights, new state and public institutions have been created, and large-scale information campaigns are being carried out. At the same time, the problems associated with creating a comfortable and friendly environment for the life of children remain acute and are far from a final solution.

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Shmarion Polina Vyacheslavovna. Criminological characteristics and prevention of violent crimes committed in the family against minors. : dissertation... candidate of legal sciences: 12.00.08 / Shmarion Polina Vyacheslavovna; [Place of protection: GOUVPO "Tambov State University"]. - Tambov, 2010. - 266 p.: ill.

Introduction

Chapter 1. The concept and criminological characteristics of violent crimes committed in the family against minors. 16

1.1. The concept and structure of violent crime in the family against minors. 16

1.2. State and features of violent crimes committed in the family against minors. 40

1.3. Features of persons committing violent crimes in the family against minors. 64

Chapter 2 Causes and conditions of violent crimes committed in the family against minors . 93

2.1. The main determinants of violent crimes committed in the family against minors. 93

2.2. Motivation as an internal reason for committing a violent crime in the family against a minor. 133

Chapter 3 Prevention of violent crimes committed in the family against minors . 160

3.1. General social measures to prevent violent crimes committed in the family against minors. 160

3.2 Special criminological measures to prevent violent crimes committed in the family against minors. 182

Conclusion. 216

Bibliography. 221

Applications. 251

Introduction to work

Relevance of the research topic. The rise of violent

Encroachments on human life and health in recent decades is one of the most significant problems of modern society. At the same time, 30-40% of all serious violent crimes are committed in the family, which is of particular concern, since criminal violence in the sphere of family relations used as a way to resolve both vital and minor problems. Moreover, domestic violence is global in nature, since its victims are not representatives of any one social, age, gender, educational or professional group. At the same time, minors are the most unprotected category of victims of violent crimes in the family due to their age and position dependent on the offender.

The United Nations (UN) has recognized domestic violence as an “epidemic” on a global scale, which destroys the family, causes great damage to morality, and has a traumatic effect on the fragile psyche of children. The family, destroyed by conflicts, ceases to play the role of a center of psychological protection for a teenager, a place in which he finds peace and rest. Violence has not only a physical, but also a serious mental impact on a child: it can suppress or break a weak personality, and awaken protest in a strong personality, which is often expressed in illegal, including criminal, behavior.

Various forms of violence against minors have existed and exist in all countries, regardless of the political, ideological and economic structure. Around the world, thousands of juveniles flee their homes to escape domestic violence and are wanted as missing persons. As a result, child neglect and homelessness is generated, children are involved in

4 systematic use of alcohol, drugs, prostitution and criminal activity. In Russia, this problem is even more acute. According to official figures, about 2 million children under the age of 14 in the country are beaten by their parents every year, for many victims this ends in death. More than 50,000 children run away from home during the year to escape domestic violence. For example, in 2007, 49.7 thousand crimes against the family and minors were officially registered, the bulk of which are of a violent nature.

Moreover, the main part of family violent crimes against minors is latent, which exacerbates the negative impact on the minds of people, affects the deterioration of the socio-psychological situation in society and prevents preventive measures in order to prevent crimes committed against minors.

The growth of violent crimes in the family against minors testifies to the ineffectiveness of the measures taken by the state to protect minors and fulfill the task of protecting the family, motherhood and childhood proclaimed in the Constitution of the Russian Federation. All this indicates the need to intensify research on violent crimes committed in the family against minors in order to study all aspects of this phenomenon and increase the effectiveness of the preventive impact on it, which emphasizes the relevance of the dissertation topic.

The degree of scientific development of the research topic. Over the years, certain aspects of criminal violence in the family were covered in the works of G.A. Avanesova, A.I. Alekseeva, I.S. Alikhadzhieva, Yu.M. Antonyan, N.K. Asanova, S.Sh. Akhmedova, M.M. Babaeva, N.I. Beltsova, I.N. Belyaeva, Yu.D. Bluvshtein, L.V. Vavilova, N.I. Vetrova, A.E. Volkova, A.A. Glukhova, A.N. Goncharova, I.V. Gorshkova, K.K. Goryainova,

5 M.V. Danilevskaya, Yu.A. Dzhakhbarova, A.I. Dolgovoi, V.D. Ermakova, A.S. Zhdanova, R.M. Zulkarneeva, V.I. Ignatenko, A.N. Ilyashenko, A.A. Isakova, I.I. Karpets, V.V. Kartavchenko, E.P. Kim, D.A. Koretsky, V.M. Kormshchikova, V.A. Kotsyuba, O.Yu. Krasovskaya, Yu.N. Krupki, V.N. Kudryavtseva, N.F. Kuznetsova, E.B. Kurguzkina, V.A. Lelekova, O.V. Likhacheva, F.A. Lopushansky, SV. Maksimova, N.V. Mashinskoy, G.M. Minkovsky, G.G. Moshak, I.A. Morcheva, K.A. Myasnikova, SV. Overcurrents, A.M. Nechaeva, A.A. Nikitina, G.A. Pamfilova, V.P. Revina, G.M. Reznik, E.G. Samovicheva, A.G. Saprunova, L.V. Serdyuka, T.A. Sidorenkova, SB. Soboleva, O.V. Starkov, A.D. Tarkovsky, I.N. Tuktarova, Yu.V. Uskovoi, T.M. Chapurko, E.I. Chelyabova, E.V. Chernykh, E.O. Finko, V.I. Shakhova, D.A. Shestakov and other domestic scientists.

With regard to violent crimes committed in the family against minors, this criminological problem has not been studied enough. Only certain issues of the criminological characteristics of these crimes, as well as some features of the causes and conditions of these crimes, were considered. There are no comprehensive studies of violent crimes committed in the family against minors. Characteristic features of this type of crimes and persons committing them are not defined, their classification is not presented; the causal complex and the preventive measures necessary in modern socio-economic and political conditions for the named criminally punishable acts are not defined.

Object and subject of research. The object of the dissertation research is a complex of social relations that determine the existence of violent crimes committed in the family against minors, and activities to prevent them.

Subject of research are: violent crimes committed in the family against minors; identity of criminals who commit violent crimes in the family in

against minors; causes and conditions conducive to the commission of these crimes; general social and special criminological measures to prevent them.

Purpose and objectives of the study. The purpose of the dissertation research is a comprehensive theoretical and applied study of violent crimes committed in the family against minors as an independent criminological problem and, on the basis of this, preparation of scientifically based proposals for improving measures to prevent the type of crimes under consideration.

The achievement of this goal was ensured by the solution of the following main research tasks:

Formulate a theoretically substantiated criminological concept
violent crime in the family against minors,
determine its features;

Give a detailed modern criminological description
violent crimes committed in the family against
minors;

Present a criminological characterization of the personality of criminals,
perpetrators of violent crimes in the family against
minors;

explore the system of determinants of violent crimes committed in the family against minors;

To reveal the motivation for violent behavior in the family in relation to
juveniles as an internal reason for committing crimes
of this type;

carry out a theoretical substantiation of the main directions

general social and special-criminological character for the prevention of violent crime in the family against minors, including taking into account foreign experience;

7 - develop specific proposals for improving measures to prevent violent criminal acts in the family against minors.

Methodological basis of the study. The general methodological basis of this study was the basic provisions of the dialectical method of cognition of the processes and phenomena of the objective world. In addition, the study was conducted through the use of private methods of scientific knowledge: comparative legal, statistical, special criminological (questionnaires, interviews, interviewing a criminal, experts), systemic, logical and psychological analysis, research documents and some other research methods.

Legal Framework Research are the Constitution of the Russian Federation, the Criminal, Criminal Procedure Codes of the Russian Federation, the Code of Administrative Offenses of the Russian Federation, the Civil, Family, Housing Codes of the Russian Federation, legislative and other regulatory legal acts of the Russian Federation and its subjects relating to the problems of preventing violent crime in the family and protecting the rights of minors ; departmental legal acts; international legal documents; constitutional and criminal law and normative legal acts of foreign countries.

The theoretical basis of the work were the works of domestic and
foreign scientists on the general theory of law, criminal, criminal
procedural, civil, family, housing,
administrative law, criminology, philosophy, sociology,
pedagogy, psychology, psychiatry, medicine and other sciences
humanitarian profile, revealing the theoretical and practical
essence of the analyzed problems.

8 Empirical base of research compiled: the results of studying the materials of 147 criminal cases on violent crimes committed in the family against minors, considered by the courts of the Moscow, Lipetsk and Voronezh regions for the period from 1997 to 2007; the results of a survey of 125 persons serving sentences for committing violent crimes in the family; 129 victims of violent crimes in the family; 138 people from the control group (minors studying in educational institutions in Lipetsk and Voronezh); a survey of 120 experts - teachers and law enforcement officers; statistical data on socio-economic, demographic and other social processes taking place in the country as a whole and in the regions of the Central Black Earth region. The dissertation used the results of summarizing the materials of the activities of law enforcement agencies and social institutions; published information judicial practice.

Scientific novelty of the dissertation research is determined by the degree of relevance of the tasks and is as follows:

1. The dissertation is a complex monographic
research focused on theoretical and applied
problems of developing criminological foundations of prevention
violent crime in the family against minors.

On the basis of a system-structural analysis, it reveals the concept and essence of violent crime in the family as a social and legal phenomenon, shows its structure.

The criminological characteristics of violent crime in the family against minors are revealed. The main features of crimes of this type, general characteristics persons, their

9 committing. Proposed own vision of the causal complex of this crime.

4. With the help of a systematic approach, the most significant
problems, including a complex of criminal law and criminological
aspects of combating this crime.

5. Specific motives for intra-family violence in
against minors, their essence is revealed, in a new way
their classification was carried out, objective and subjective
circumstances under the influence of which there are relevant
motives, studied and disclosed the specifics of the motivational sphere.

6. Taking into account foreign experience in protecting the rights of minors,
analysis of the current Russian legislation and
law enforcement practice, recommendations of the legal and
organizational and managerial nature, aimed at
prevention of violent crimes committed in the family in
regarding minors. Scientific novelty is characterized by
positions put forward by the author for defense.

The main provisions for defense:

1. Violent crime in the family against minors is proposed to be understood as a set of criminally punishable intentional acts that encroach on social relations that ensure the life, health or bodily integrity of a minor's personality by using violence against her or the threat of its use by another (their) adult( their) family member(s) and the persons who committed them, for a certain period of time in a certain territory.

2. Violent crime in the family regarding
minors have specific features that distinguish it from
violent crime in the family as a whole, which makes it possible to single it out in
a separate object of criminological research and develop
specific measures to prevent it. Violent crimes
committed in the family against minors are characterized by
parental, kinship or other relationships between
a criminal and a victim of a crime, the specifics of motivation, more
a high level of latency and the severity of the consequences affecting
development and formation of the personality of the victim, as well as for his entire
subsequent life.

The criminological features of the personality of a criminal who has committed violent crimes in the family against a minor are determined, which contribute to the formation of antisocial behavioral attitudes, as a result of which they are the direct cause of aggressive and violent behavior in the family. Most often, violent crimes in the family against minors are committed by men aged 36-45 who have a general secondary education; not working or employed in low-skilled labor; previously not convicted, but negatively characterized by the place of residence and work, systematically drinking alcohol, having defects in the mental state (presence of neurosis, psychopathy, depression, severe anxiety disorders). These data can be used to develop and implement a set of measures aimed at preventing the commission of crimes of this type.

The motives of violent crimes committed in the family against minors are revealed, which formed the basis for the classification of the considered illegal acts.

The first group combines violent crimes committed on the basis of assertion and self-affirmation, such as: the desire of the perpetrator to assert his authority, power in the family; venting on the victim of anger that arose as a result of conflicts with other family members, as a result of failures, a personal crisis, family life; non-sexual sadism: the desire to torment the victim, causing pain and suffering.

The second group is represented by violent crimes with mercenary motives: the desire to acquire property or the right to property of a minor victim, to get rid of the need to pay alimony, to evict a minor victim and his parents from a common living space, etc.

The third group includes violent crimes, the main motive of which is the desire to influence the behavior of a minor: to educate, discipline a minor, influence his behavior in order to suppress whims, unwanted actions, etc.

The fourth group combines violent crimes dictated by the desire to get rid of the victim or the worries associated with him: the need to care for, care for, educate, take responsibility, etc.

The fifth group is represented by violent crimes, which are based on the desire of the offender to protect himself or other family members from mental or physical violence emanating from the victim. Such “defensive motives” include: the desire to stop insults, humiliation by the victim, suppression of violence, attacks by the victim on the criminal, protection from violence, attacks by the victim of other family members.

5. A set of reasons for the violent
juvenile delinquency in the family. Its necessary
considered taking into account those social, demographic, economic,
political, moral, cultural and other conditions
life of society, which influence the formation
violent behavior and the commission of this type of crime. Among
main reasons should be highlighted: the lack of proper public
systems for the protection and rehabilitation of victims of domestic violence; weak
preventive work with persons prone to commit
violent crimes in the family against minors;
conflict relations in the family; underdevelopment of parental feelings and
skills; financial distress and housing problems of families,
having children; alcoholization of the population; legal nihilism and tolerance
society to manifestations of violence and cruelty in matters of education
children.

6. Under the prevention of violent crime in the family in
regarding a minor, one should understand the system
purposeful state and public measures to identify,
elimination, weakening and neutralization of causes and conditions,
facilitating and (or) provoking the commission of violent
crimes in the family against minors, as well as measures
aimed at deterring persons from committing these crimes,
whose behavior indicates such a possibility.

Of decisive importance in this regard are those held at the general social
level, large-scale measures to help eliminate
(blocking, neutralizing, reducing the scope) social
economic, political, moral and psychological and
ideological causes of criminal violence in the family, as well as
measures aimed at creating the necessary legal, social and

13
economic, socio-cultural conditions for the physical,
psychological, spiritual, social, emotional,

cognitive and cultural development of children, and the real provision of basic guarantees of the rights of the child in the Russian Federation.

The dissertation also makes specific proposals to ensure special prevention of violent crime in the family in relation to minors. The main direction here should be recognized as the improvement legislative framework; development of a system of organs of socio-psychological assistance to families in which violence is widespread; specialization of employees of state institutions working with children; legal education of the population on the issues of ensuring the rights of the child and protection from domestic violence; purposeful formation of public opinion based on intolerance to any manifestation of violence against children; timely identification of persons prone to aggression, and carrying out preventive measures with them.

7. In order to prevent the studied crimes, measures are proposed to improve the norms of the criminal procedural legislation of the Russian Federation, in particular, it is proposed to shift the right to represent the legitimate interests of the victim during the inquiry, investigation and trial from the relatives of the victim to the guardianship and guardianship authorities. In this regard, it is proposed that Part 2 of Article 45 of the Criminal Procedure Code of the Russian Federation “Representatives of the victim, civil plaintiff and private prosecutor” be amended as follows: “To protect the rights and legitimate interests of victims who are minors or who, due to their physical or mental condition, are deprived of the opportunity to independently defend their rights and legitimate interests, their legal representatives or representatives are involved in the mandatory participation in the criminal case. If the defendant in the case is a family member of a minor

14 of the victim or a person on whom the minor victim or members of his family are financially or otherwise dependent, the body of inquiry, investigation or court shall appoint a body of guardianship and guardianship as a legal representative.

8. In order to improve law enforcement practice and impose a fair punishment on the perpetrators in a criminal case on a violent crime in the family against a minor, it is necessary to establish not only the severity of the harm caused to health, but also the presence and degree of mental disorder of the victim, as well as the costs necessary for his care and treatment.

The theoretical and practical significance of the study is determined by the scientific conclusions made in its course and the proposals developed on their basis, aimed at improving the effectiveness of measures taken by law enforcement agencies and other prevention measures to combat violent crimes committed in the family against minors, as well as strengthening control over the phenomena negatively affecting violent crime in the sphere of family relations.

These provisions may contribute to further research focused on the prevention of domestic violence against minors. Separate conclusions and suggestions can be used in the process of improving legislation, as well as in the practical activities of law enforcement agencies. In addition, the results of the study can be used in the educational process when teaching the course "Criminology and Crime Prevention" in higher and secondary schools. educational institutions legal profile, as well as in the system of training, retraining and advanced training

15 law enforcement officers, when conducting special courses related to the study of the problems of combating domestic crime and crimes against minors.

Approbation of the research results and their implementation. The main provisions, conclusions and recommendations formulated in the dissertation were published by the author in eight scientific articles with a total volume of 2.4 pp, and were also reported at scientific and practical conferences: state and problems of development” (Lipetsk, November 22, 2005), Interregional scientific and practical conference “Problems of disclosure and investigation of crimes in modern conditions” (Lipetsk, March 6, 2006), International scientific and practical conference “ Contemporary Issues the fight against crime "(Voronezh, June 1-2, 2006), the All-Russian scientific and practical conference of cadets, students, listeners, adjuncts and young professionals" Problems of the application of the criminal law in modern conditions "(Lipetsk, March 30, 2007) , International scientific and practical conference "Crime in Russia: state, problems of prevention and detection of crimes" (Voronezh, June 11, 2008), All-Russian scientific and practical conference "Ensuring the rights and legitimate interests of minors in Russia: problems of theory and practice" ( Voronezh, November 23, 2009), All-Russian Scientific and Practical Conference "State, Law and Society in the 21st Century" (Lipetsk, December 11, 2009).

The structure of the dissertation is determined by its purpose and objectives and consists of an introduction, three chapters, seven paragraphs, conclusion, bibliography and appendices. The dissertation is framed in accordance with the requirements of the Higher Attestation Commission of Russia.

The concept and structure of violent crime in the family against minors

In accordance with international standards, a person, his rights and legitimate interests are the highest value. These provisions are also reflected in national legislation, primarily in the Constitution of the Russian Federation. Thus, the state has assumed the obligation to protect the individual from any unlawful encroachment, which means ensuring the security of the individual in all social relations, in all spheres of life. In accordance with this, the Criminal Code of the Russian Federation, among the objects of legal protection, put the protection of the rights and freedoms of man and citizen in the first place (Article 2 of the Criminal Code of the Russian Federation).

Any illegal socially dangerous acts committed with the use of violence, together form a violent crime. At the same time, violence can act as a mandatory, alternative or optional feature of a crime.

But, despite this, the Criminal Code of the Russian Federation does not have a legal definition of the concept of "violence", and the content of the signs of violence, dangerous and not dangerous to life or health, is not deciphered. In the dispositions of the articles of the Criminal Code of the Russian Federation, various terms are used that indicate the violent nature of the actions of the perpetrator, in addition, the legislator allows for different interpretations and defines the nature and degree of danger of this or that harm of violence in different ways. In the Special Part of the Criminal Code of the Russian Federation, as S. A. Dunaev notes in his study, more than 10 terms are used to denote violent actions: “violence”, “violent action or threat of violence”, “torture”, “torture”, “special cruelty”, “coercion”, “ill-treatment”, “coercion”, “bullying”, “torment”, “harm to health”, etc. .

If we turn to the grammatical interpretation of the concept of "violence", then V.I. Dahl, in the Explanatory Dictionary of the Living Russian Language, reveals it as “an act that is shy, offensive, illegal and self-willed.” However, as A.I. is a kind of antisocial behavior of people that encroaches on the vital conditions for the existence of human society, can be characterized as an attempt to change by force the existing order of relations in society "... Therefore, let's try to understand the concept of violence with the help of the same-root words: force, force - "force, force what - or by force, captivity", violent, violent - "involuntary, forced". In the explanatory dictionaries of the Russian language, edited by D.N. Ushakov, S. Ozhegov and N.Yu. Shvedova, "violence" is interpreted as "the use of physical force against whom anything”, “coercive influence on someone or something”, “lawless use of force”, “harassment lawlessness”4.

Thus, the etymological analysis allows us to conclude that “violence” is the action (or actions) of one person committed against another person against his will. This is how A.A. defined violence. Piontkovsky: "Forcible influence on a person consists in any coercion of him to actions that contradict his desires"5.

In the legal literature, the content of the term “violence” is revealed by most scientists as the physical or mental impact of one person on another, violating the right of citizens to personal integrity (in the physical and spiritual sense)6.

Physical violence is understood as any socially dangerous and unlawful external influence directly on the human body (on life, health), as well as on his rights and freedoms. The concept of physical violence in criminal law actually covers chemical, biological, nuclear, and other effects on the human body. Mental violence is most often a threat to use violence, which is its most common type, as well as threats of destruction or damage to property, dissemination of information disgracing the victim or his relatives, blackmail.

However, some researchers, along with physical and mental violence, also distinguish sexual violence8.

But, as A.N. Ilyashenko, the allocation of any other types of violence, in addition to physical or mental, is unreasonable. You can talk about child sexual abuse, about violent sexual crimes as a type of general violent crime, but not about sexual violence as independent form"violence" in the traditional sense. If we analyze the objective side of violent sexual crimes (rape - article 131 of the Criminal Code of the Russian Federation, violent acts of a sexual nature - article 132 of the Criminal Code of the Russian Federation), then we can see that these crimes belong to the group of violent ones, since they are committed with the use of physical or mental violence ( "with the use of violence or with the threat of its use"). No other violence stands out in these compositions 9.

Sexual violence, as well as emotional violence, as types of violence are highlighted in foreign legal literature and international legal acts. However, in the domestic theory of criminal law, the allocation of these types of violence is not justified and inappropriate, since they repeat the signs of physical or mental types of violence.

Features of persons committing violent crimes in the family against minors

As K.E. Igoshev and G.M. Minkovsky, everything is concentrated in the family, it is connected with society by a thousand threads, and "manages" all this, coming to the fore, - the personality1. It is the personality as a family member that is the main "figure" in the system of family violence, therefore, the study of the phenomenon of violent crimes in the family against minors is impossible without studying the personality of those who commit these acts. But, as G.A. Avanesov, when studying the personality of any criminal, one should take into account the main thing: all human qualities are inherent in it. Therefore, it should be considered primarily as a human personality.

Personality is understood as the unity of all properties and qualities that reflect the relationship of the individual and the social environment, as well as his psychological, personal characteristics that determine individuality. IN social psychology the relationship between the moral and psychological qualities of the individual and the social environment in which these qualities are realized through practical activity has been established3.

The personality structure consists of two substructures: interindividual, consisting of a set of external, social properties and manifestations of a person as one of the elements of the social whole; intra-individual, consisting of properties that form the inner world of a person as a product of his diverse connections with society as a whole, various social groups and institutions4. Criminological aspects of the personality problem were developed by many prominent Russian scientists (Yu.M. Antonyan, Yu.D. Bluvshtein, B.V. Volzhenkin, P.S. Dagel, K.E. Igoshev, I.I. Karpets, V.N. Kudryavtsev, N.S. Leykina, M.G. Minenok, G.M. Minkovsky, A.B. Sakharov and others). Various types criminal behavior corresponds to a certain set of social, mental, psychological properties of the individual. Therefore, persons who have committed violent crimes in the family against a minor have features that distinguish them from other criminals. The nature of the offense, the choice of the method and instrument of the crime, the time and place of its commission largely depend on the personality of the offender. B.V. Volzhenkin writes: “A crime is inseparable from the personality of the one who committed it, as her own creation, and we can assume that the antisocial face of the guilty person is manifested in the crime”5. At the same time, the criminological study of the personality of a criminal is carried out mainly to identify and evaluate those of its properties and features that give rise to criminal behavior, in order to prevent it, including repeated when convicts are corrected. In criminology, the most common is the allocation of six groups of personality traits of the offender: 1) socio-demographic characteristics; 2) criminal law signs; 3) social manifestations in different spheres of life or social ties; 4) moral properties; 5) psychological signs; 6) physical (biological) characteristics6. Socio-demographic features in themselves are not criminogenic. They are associated with the conditions for the formation of the personality and its life, interact with them; with needs and motivation, with the social roles of the individual. Therefore, socio-demographic characteristics are an essential element of the concept of the identity of the offender and are important for the development and implementation of prevention measures.

When developing preventive recommendations, the gender of the offender is of particular importance. V.A. Yadov wrote that "to be a man or a woman means to perform different functions in different social systems." Due to biological characteristics and sex-role education, men and women perceive and evaluate the same circumstances differently, place semantic accents, so their decision-making algorithm is also different. All this affects the nature of the formation of intent and the choice of the method of committing a crime.

Basically, violent crimes in the family against minors are committed by men (80.7% of the total number of persons who committed these crimes). They are more inclined to resolve conflicts with the help of forceful methods, to assert themselves by using violence. Due to established traditions, men take less part in the upbringing of children, so their emotional ties with the child and parental instincts are not as strong as women's. In addition, intra-family relations in Russia have been regulated by fear for centuries. It was supported by violence, as well as the idea of the authority of the father and husband, who cultivated this fear in women and children, protecting them from wrong actions and instilling patience and obedience. Therefore, if a man “read a notation”, shouted, punished, used physical force, then he did something necessary, exercising a parental function.

In the structure of general crime, the share of women varies within 16%, among those who commit violent crimes against life and health - up to 10%. However, the proportion of women in the structure of violent crime in the family in relation to minors exceeds these figures and amounts to 19.3%, which differs slightly from the proportion of women in the structure of violent crime in the family as a whole, which is 18.4%8,

A woman who is called by nature to give life, a mother woman is endowed with less aggressiveness compared to a man and, conversely, more restraint, tolerance, gentleness towards others and, therefore, is less capable of cruelty, including criminal deprivation. life. But at the same time, the behavior of women is characterized by explosiveness, impulsiveness, since they are more impressionable, emotionally unstable, have a fragile and labile nervous system, are subject to greater development of hysteria9. Also, women are much more prone to stress and nervous overload than men.

It is also necessary to take into account that in certain physiologically determined periods (pregnancy, childbirth, the postpartum period), the instability of mental processes in women can increase and, at the same time, is quite often accompanied by aggressiveness, which has a significant impact on the formation of the motivation for violent crimes.

Main determinants of violent crimes committed in the family against minors

There is already an established opinion in the literature that negative social conditions are the main cause of crime. Another position disputes this, believing that external circumstances in themselves cannot give rise to crime, and therefore cannot be its causes. They can only form the cause, or contribute to the commission of crimes. The second opinion seems to be preferable in relation to the causes of a particular crime, which cannot be committed without the will of the person himself. This is evidenced by the fact that under the same social conditions, not every person takes the path of crime. First of all, those who already had certain defects in legal consciousness, due to the shortcomings of earlier education, are susceptible. Therefore, it can be reasonably considered that the cause of criminal behavior is formed not at once and not by one group of conditions, but by their whole complex and, as a rule, for quite a long time - most often in childhood.

Under these conditions, the unity of three key criminological problems is manifested: the identity of the offender, the causes and mechanism of criminal behavior, the prevention of crimes, while in the mechanism of individual criminal behavior, the personality plays a primary role in relation to external factors, since the crime is the result of the manifestation of criminogenic characteristics of the personality in specific life situation. However, the personality itself is formed under the influence of external factors.

Thus, the very process of forming the personality of a criminal who uses domestic violence against a minor is of interest. A person is not born, but becomes a result of the impact on a person of various external factors, as a result of which certain qualities and value attitudes are developed in him.

The process of personality formation is endowing it with social properties, establishing social ties, mastering certain social roles and functions, forming self-awareness and a system of social orientation, entering the social environment and adapting to it - it is customary to call it socialization.

Purposeful socialization is called education. Education and socialization are the main functions of the family, which is regarded as the primary and most important social cell in which personality is formed.

Allocate primary socialization, or socialization of the child, and intermediate, which occurs in a later period from 17-18 to 23-25 years. Moreover, the most important role in the formation of personality belongs to primary socialization, which mainly takes place in the family.

It is in the family that the norms of morality and community life are created and cultivated, as well as the main value orientations that subsequently determine the behavior and motivation of a person. By reinforcing certain patterns of parental behavior and fulfilling their requirements, the child thereby learns a system of moral norms. The family organizes the consumption of spiritual and material goods created by society, exercising education and social control. Therefore, the identity of the offender, including those who commit violent crimes in the family against minors, also begins to form in the parental family. Moreover, according to S.N. Abeltseva, G.A. Alieva, N.I. Beltsov, and other scientists, it is in the parental family that we must look for the roots of violence as a widespread phenomenon in our lives3.

According to G.G. Moshak, the core of the main factors that distort the way of life during the formation of the personality of those who later commit a violent crime against members of their family is the trouble in the parents' family where they spent their childhood.

According to Yu.M. Antonyan, “other influences, including specially educational, favorable situations, attention and care shown to a person at later stages of development, can change his internal attitudes and motives and thereby correct his behavior. However, traumatic factors in the early stages of life, in the absence of other, favorable, compensating circumstances, mainly form the motives for the crime of alienated individuals. Therefore, these factors can be considered as the root causes, the initial stimuli of such behavior”5.

L.V. Serdyuk, studying the identity of the persons who committed the murder, drew attention to the fact that out of a hundred of those surveyed, only sixteen had more or less morally normal families in childhood6. In the course of the study, we also came to the conclusion that the perpetrators of violent crimes in the family against minors, in the vast majority, had dysfunctional families.

Psychologists who have studied the phenomenon of domestic violence conclude that the experience of domestic violence can contribute to future aggressiveness, since the main reason for parents to use physical violence against children is that they themselves were subjected to this kind of violence in childhood. At the same time, the frequency and strength with which parents beat their children are closely related to certain characteristics of the family and the characteristics of relationships in it: to a greater extent with such things as the stability of marriage and the mental health of parents, and to a lesser extent, with demographic indicators and social the economic status of the family.

General social measures to prevent violent crimes committed in the family against minors

It should be recognized that it is impossible to completely eliminate crime in general, including violent crime in the family against minors. However, it is possible to keep it at a minimum level by influencing the causes and conditions that contribute to the commission of crimes, identifying criminals and taking measures to prevent them from committing crimes, as well as leading to their correction. This is the main task of crime prevention.

A feature of the general social warning is that the entire set of ongoing economic, political, ideological, cultural, educational, legal and other measures does not have as its immediate goal the elimination of criminogenic factors, but affects them indirectly, by resolving general social problems.

The diversity of the causes of the family crisis determines the need to use to the full the potential of the existing means of preventing domestic violence against minors and the formation of new legal, economic, and organizational mechanisms for conducting a targeted state policy in the field of the family. The analysis of the results of the conducted studies showed that the causes of violent crime in the family against minors largely coincide with the causes of violent crime in general. Therefore, measures for the general social prevention of violent crime in the family in relation to minors basically coincide with measures for the prevention of violent crime.

Thus, the general social prevention of violent crime in the family in relation to minors consists in the comprehensive implementation of socio-economic, spiritual, moral and political measures, as well as in affirming the priority of the interests of the individual and the family, the revival of spiritual values.

It is in the interests of the state not only to suppress violations of the rights of the child by parents, but also to create conditions for minimizing such violations. The well-being of children requires political action at the very high level. The state is obliged to give priority attention to the rights of children, their survival, protection and development, which will ensure their well-being. The priority of state policy should be the family as the basis of society. This is, first of all, connected with the awareness of the value of the institution of the family as a state support, the basis of spirituality and morality.

A necessary condition for guaranteeing the implementation of the rights declared to the child is the legal support of the policy regarding children, the systematization of legislation, the revision of declarative and conflicting norms, the predominant transition to direct action norms that have financial and organizational mechanisms for implementation, and the reduction of departmental regulations, examination of all proposed bills from the standpoint of assessing their impact on the situation of children, the definition of a clear strategy for the state.

An important element of the legislative provision of children's rights is Russia's accession to international treaties and conventions devoted to various aspects of the protection of children's rights, the conclusion of international treaties on these issues and bringing the legislation of the Russian Federation in line with them.

The main directions of the state social policy in the interests of children until 2010 (the National Action Plan for Children) were developed in the context of the Strategy for the Socio-Economic Development of Russia for the period up to 2010 and are a document that defines the main directions of state policy to improve the situation of children, based on the provisions of the Constitution of the Russian Federation, the principles of the UN Convention on the Rights of the Child and other international treaties in the interests of children to which the Russian Federation is a party, as well as the Berlin Commitments for Children in Europe and Central Asia, adopted at the Conference on the Status of Children in Europe and Central Asia (Berlin , May 16-18, 2001), as well as the Declaration and Action Plan "A World Fit for Children", adopted at the UN General Assembly Special Session on Children (New York, May 8-10, 2002). Achievement of the planned goals and objectives should be carried out within the framework of the implementation of the subprograms "Healthy Generation", "Gifted Children", "Children and Family", etc.

graduate work

1.1 The concept and essence of violent sexual crimes committed against minors

A civilized legal society strictly protects the honor and dignity of children as a symbol of its own honor, and the effectiveness of this protection is an indicator of its culture. The existing system in the country sexual relations protected, of course, not only and not so much with the help of criminal law, but mainly through the education of the younger generation of moral feelings, the formation of a culture of communication in interpersonal relations among children, adolescents and youth through their sexual education, providing them with psychological assistance in resolving deep feelings and conflicts.

Despite the fact that very significant steps have been taken recently in the direction of ensuring the rights of children (the main international documents on the protection of children have been ratified, their rights guaranteed by the Convention on the Rights of the Child have been legally enshrined, federal laws“On the basic guarantees of the rights of the child in the Russian Federation, the federal program “Children of Russia” has been developed and is being implemented, the positions of the Commissioner for Children’s Rights have been established in a number of subjects of the federation) the situation with real monitoring of the rights of the child, in particular, with ensuring the protection of children from violent crimes of a sexual nature , leaves much to be desired. In the structure of crime, violent sexual harassment of minors is less common and cannot be compared, for example, with the number of thefts and other property offenses. However, even a relatively small number of them cannot but cause alarm due to their increased social danger, irreversible consequences, deep physical, moral and psychological trauma for the child from them. The problem of protecting the rights of the child is inseparable from the problem of cruelty against children. A variety of manifestations of child abuse existed and exist in all countries, regardless of their political, ideological and economic structure. The trouble is that for a long time we in our country tried to pass over this problem in silence, sometimes sincerely believing that in our country “children are a privileged class”2 and for this reason they are, as it were, protected from mistreatment, criminal encroachments and neglect. And today, the problem of cruelty is by no means less urgent than before, despite the ongoing global humanitarian progress. So far, unfortunately, there is no need to talk about the ability of most adults to overcome and even more so to prevent manifestations of cruelty against even their own children.

The current practice of bringing to justice persons who have committed violent sexual crimes against minors shows that in most cases crimes of this type are latent and effective counteraction to them presents certain difficulties, as noted in the literature. This state of affairs in this area is primarily due to the fact that in the bulk of such crimes are committed with a narrow circle of exclusion of the sphere of social relations. The consequences of their commission lead to the loosening of the most important foundations of society - the family, relations in it, the normal upbringing of the younger generation, etc. In this connection, as before, and now it is important to ensure the inevitability of criminal liability for sexual crimes, including those of them who encroach on the sexual inviolability of minors, as well as operational-search and other prevention of such acts.

The commission of crimes against children by parents is often the result of the indifference of others, self-elimination of the organs of the prevention system from taking measures to improve the situation in the family, a decrease in the educational potential of institutions that work with minors, and insufficient response from law enforcement agencies to family and domestic conflicts.

It is natural that the rape of minors associated with murder, with the infliction of grievous bodily harm, with the torture and torment of the victims, causes an unambiguous and severe condemnation of the public.

Consequently, any violent crime of a sexual nature, both against a child and against an adult, is committed with some degree of cruelty. In relation to the first, cruelty is manifested, in our opinion, to a greater extent, since the act is committed against a physically and psychologically unformed person.

Cruel behavior can be defined as a deliberate, purposeful infliction by one person (criminal), by his actions to another person (victim) of torment and suffering, both for their own sake and in order to achieve their criminal goals, as well as such behavior, as a result of which the subject of the crime must to foresee the onset of criminal consequences resulting from his socially dangerous actions.

Cruelty. What is hidden under this concept? Cruelty is a complex and historically fluid concept. In the narrow sense of the word, cruelty can be regarded as a special form of interpersonal socio-psychological relations. Cruelty, as a legal and moral concept, has recently attracted the attention of criminologists dealing with the problems of crimes committed against minors.

The following expressions can often be found in the periodical press: “brutal murder”, “brutal rape”, “sophisticated cruelty”, etc. Cruelty as a form of manifestation of violence, in turn, having an ethical, moral and psychological nature, characterizes the relationship and interaction of people between yourself. At the same time, it should be noted that it is impossible to study criminal cruelty in violent sexual crimes committed against juveniles only by referring to legal science. In this connection, in the process of its knowledge, other branches should also be involved. scientific knowledge- psychology (conflictology), psychiatry and ethics, and in the study of sexual violence - sexology, sexopathology and criminal sexology.

A.R. Ratinov, O.D. Sitkovskaya suggest considering cruelty "as a property of the individual, consisting in indifference to the suffering of other people (or in the desire to inflict them), and as conscious actions aimed at causing torment, suffering to other people in order to achieve a certain external goal or self-satisfaction." Consequently, the nature of cruelty is determined by the motives of the subject, when the infliction of torment and suffering serves as the motive or purpose of his behavior.

Russian and foreign psychologists, psychiatrists and criminologists pay special attention to the problem of the formation of cruelty as a line of behavior at the initial stages of personality formation - in childhood and adolescence. Our study showed that in most cases, criminals who committed violent sexual crimes against a minor or their accomplices were themselves subjected to sexual violence or sexual harassment, often by persons close to them (even their relatives) as early as childhood. Representatives of various branches of knowledge point to the pathogenic impact of physical and psychological violence, including sexual harassment, corporal punishment, inadequate parental attitudes and manipulation, on the child's personality and psyche.

In accordance with the Declaration on the Elimination of Violence Against Women, the term “violence against women” refers to any gender-based violence that causes or may cause physical, sexual or psychological harm to a woman, cause her suffering.

Describing the problem of violence, G. Newton wrote: “The essence of violence lies in the fact that, due to its influence, a person is forced to behave differently than he would like. Violence can be directed against the mental or moral health of a person, his property and vital interests. Such latent violence poses the same danger as direct physical violence.

Specifying the manifestation of violence in sexual crimes, it should be noted that it can act as a means of committing a crime. Noting this, A.A. Zhizhilenko wrote: “Physical violence as a way of committing rape means any impact on bodily integrity, whether it is violence against a person in the strict sense, or violence expressed in bodily injury, regardless of its severity. With regard to violence in sexual crimes, P.I. Lyublinsky noted that "physical violence is generally expressed in actions that violate the bodily integrity of another person in addition to his explicit or implicit consent"

Sexual violence as a form of violent behavior is immanent in all cultures. Noting this fact, J. Friedman writes: “Both in committing with the help of cunning, and with the help of violence, sexual intercourse, the raping men used methods fixed by cultural tradition. This needs to be emphasized. In sudden rape, the trick is that the victim is caught unawares in a dream in such a way that the rapist can quickly insert his index and middle fingers into the defenseless girl's vagina. In violent intercourse, the victim is stunned by a strong blow to the solar plexus. Both practices are part of the culture in Samoa."

In addition, the crimes we are considering have an unprecedented resonance. For example, according to information from the media, the brutal “serial” murders of children committed with particular cruelty after sexual abuse of them in Krasnoyarsk, Irkutsk and some other places in Russia attracted everyone’s attention and gave rise to fear among the population. It should be noted that such crimes "shake" many other countries. According to press reports, last years several such crimes have been committed in the United States. In this regard, it can be said without exaggeration that the fight against sexual violence and murders on sexual grounds is relevant for almost every country. Let us add that in our country such crimes are revealed very poorly, including due to the reasons for their insufficient study, the lack of necessary information about persons who have crossed all conceivable boundaries in the treatment of children.

However, it is necessary to note the fact that we still do not know how to correct sex offenders, and work with them in places of deprivation of liberty is carried out in the same way as, for example, with corrupt officials (bribe-takers) or thieves. Society is waiting for more effective prevention these crimes, the acute reaction of law enforcement agencies to every fact of their commission, the mandatory exposure and punishment of those responsible for them. Moreover, the punishment should be such that it excludes the possibility of relapse.

In the modern period, as is known, a stormy movement began in the opposite direction, from puritanism and hypocrisy to complete unbridledness and a sharp decline in morals. Now any boy and any girl can buy in unlimited quantities not only literature, but also videos about sex, in which you can see a dirty, tearing off all the veils of civilization and reducing sex to simple copulation, a picture dedicated not only to sex between a man and a woman, but also a child with a man, a man with a man, a woman with a woman. All this negatively affects the moral state of our society as a whole.

Unfortunately, serious scientific research very little has yet been done on this issue, namely on violent sexual crimes committed against children in Russia. At the same time, if the mechanism of sexual crimes is somehow described in various studies, then there are no studies on the mechanism of criminal behavior associated with the commission of violent sexual crimes against children. If, however, they are found somewhere, then they do not fully and not always from the criminal law or criminological positions reveal this problem.

In addition, it is necessary to note another equally important circumstance that prevents a deep knowledge of sexual crimes: the study of such acts requires not only special knowledge and skills in applying various methods of cognition, but also take into account the fact that such crimes in themselves, by virtue of their nature and the severity of the consequences to which their commission leads, often, as it were, repel the researcher.

Rape and murder committed with particular cruelty, violence against children and infliction of grievous mutilations on them, various kinds of sexual perversions have always aroused the natural disgust of the researcher, and, consequently, his unwillingness to directly study the personality of those responsible for such disgusting atrocities. Sexual violence as a kind of sexual behavior, more precisely, as its non-socialized, vandalistic form, cannot be adequately explained only as a legal phenomenon outside the broad context of a person’s sexual life, the various socio-psychological connections and mechanisms that accompany it, and the role of sexuality in his life.

As a result of the research work it can be stated that the perpetrators of serial rape, including against minors, differ from the perpetrators of serial sexually motivated murders by less aggressiveness in achieving their goal, in particular, getting by with “little bloodshed”. Most of the rapists who committed the crimes we are considering (54%) either did not cause physical harm to the victims or inflicted minor bodily harm on them. At the same time, it should be noted that encroachments on the sexual development of children threaten not only physical consequences, but also, first of all, psychological, social. Specifying them, I.S. Kohn notes that "some sexually traumatized children, as adults, are characterized by low self-esteem, hypertrophied feelings of guilt and shame, feelings of alienation from others, aversion to touch, a tendency to drink and drug addiction, a high percentage of suicide and a predisposition to victimization"; “A sexually assaulted child becomes a danger to others”

Sexual abuse of children threatens to have even more negative consequences. It acts as the strongest stressor, causing long-term psychological consequences in most victims. Sexual violence “changes the victim's view of the world and the people around him, invading his belief system and leveling his basic needs to control his own life, to make sense of the world. Unlike victims of other extreme stressors, victims of sexual violence find themselves in a complex interweaving of legal, medical, social, cultural problems, which often cause secondary victimization and significantly delay, and sometimes even make it impossible to return to normal life.

Therefore, based on the foregoing, we can conclude that any violent sexual crime against a minor is committed with some degree of cruelty on the part of the rapist, and therefore, the sanctions under these articles of the current criminal law should be strict.

The current criminal legislation contains a ban on the commission of a number of acts against the sexual inviolability and sexual freedom of the individual. And if sexual integrity implies a ban on any sexual acts against a person, then sexual freedom is the right of a person (adult) to independently decide how and with whom to satisfy their sexual desires. In light of this, it must be said that Art. 132 of the Criminal Code of the Russian Federation does not protect the “normal way” of sexual relations in its traditional sense. This provision, based on the letter of the current criminal law, protects the same public relations and interests that are protected by the rule on liability for rape. However, if during rape we are talking only about the sexual freedom and inviolability of a woman, then when committing violent acts of a sexual nature, it is necessary to talk about harming the sexual freedom and sexual integrity of both women and men. At the same time, the criteria and limits of the admissibility of one's own sexual freedom, of course, should be determined by the injured person - he and only he should determine whether his sexual freedom suffers as a result of the act committed with him.

The Criminal Code of the Russian Federation of 1996 does not provide grounds for asserting that the direct object of any violent acts of a sexual nature (as well as rape) is always both sexual freedom and sexual integrity at the same time. In Art. 134 of the Criminal Code of the Russian Federation prohibits voluntary sexual intercourse and other acts of a sexual nature with a person under the age of 16, in addition, it does not matter on whose initiative these acts were committed. The Criminal Code of the Russian Federation establishes a strict ban on the commission of any non-violent sexual acts against a minor, i.e. only his sexual inviolability is subject to criminal law protection (clause “b” part 4 of article 132 of the Criminal Code of the Russian Federation). From this we can conclude that sexual integrity is not a criminally protected good for persons who have reached the age of 16. At the same time, it should also be noted that (part 1 of article 132 of the Criminal Code of the Russian Federation) the main direct object of the main offense of committing violent acts of a sexual nature will be only the sexual freedom of the individual.

It is obvious that the crime in question begins not with a sexual act, but with the use of violence against the victim (victim) or other persons. Thus, the health of the victim (victim) or other persons is always at least endangered and is an additional object of violent acts of a sexual nature.

Since a person of any gender can be a victim of sexual violence, the difference between sexual violence and rape, from the position of the object of the crime, initially occurs in such an integral part of the object as the victim. Based on this, it can be argued that from the position of the object of the crime, violent acts of a sexual nature in domestic legislation are general rule in relation to rape, which in turn is special in relation to the composition under study.

In accordance with the disposition of Part 1 of Art. 132 of the Criminal Code of the Russian Federation, the objective side of violent acts of a sexual nature is sodomy, lesbianism or other acts of a sexual nature with the use of violence or with the threat of its use against the victim (victim) or other persons, or using the helpless state of the victim (victim). There is no doubt that the objective side of the composition under consideration is complex, expressed in the presence of at least two consecutive actions of the perpetrator: the use of violence (physical or mental) against the victim (victim) or other persons or the use of the helpless state of the victim (victim); committing actual acts of a sexual nature.

Thus, violent acts of a sexual nature, from the point of view of the construction of the objective side, are a complex (composite) crime. The composition of the crime under consideration is purely formal in terms of the construction of the objective side. Therefore, violent acts of a sexual nature should be recognized as completed at the moment the commission of the actual sexual act itself begins, regardless of its duration or physiological completeness.

At the same time, based on a literal understanding of Part 1 of Art. 132 and p. "c" part 2 of Art. 132 of the Criminal Code of the Russian Federation, it is necessary to emphasize that in the main part of the crime under consideration, intentionally inflicted harm to the health of the victim (victim) as a result of physical violence, which does not require additional qualification, is expressed in causing moderate harm to health.

On the other hand, we believe that the helpless state of the victim (victim) takes place when he (she) cannot give explicit consent to the commission of sexual acts with him (her). The causes of this helpless state can be a variety of factors ( mental illness, a state of deep physiological intoxication (alcoholic or narcotic), a severe somatic condition due to various diseases and injuries, etc., including sleep). However, all these factors have one thing in common - the victim cannot give explicit consent to the commission of a sexual act with her, and the perpetrator understands this. By virtue of such an understanding of the helpless state of a person, it is equated to violence in its characteristics as a constructive alternative circumstance characterizing the objective side of violent acts of a sexual nature.

Interestingly, for the first time in the Criminal Code of the Russian Federation in 1996, the legislator also recognized traditional sexual intercourse as just one of the acts of a sexual nature (in the disposition of Article 133 of the Criminal Code of the Russian Federation we read: “Forcing a person to have sexual intercourse, sodomy, lesbianism or other acts of a sexual nature. .."). Consequently, a comparative analysis of the norms of the Criminal Code of the Russian Federation gives every reason to believe that, from the point of view of the objective side, rape as a forced sexual intercourse is a special norm in relation to violent acts of a sexual nature in general. Specialization occurs initially on the only sign of the objective side - the type of violent sexual action.

In part 1 of Art. 132 of the Criminal Code of the Russian Federation contains three forms of the act by which this crime can be committed: sodomy, lesbianism and other acts of a sexual nature.

Sodomy is just one of the types of male homosexuality, which includes several other varieties.

Lesbianism is the second manifestation of homosexual acts, which has criminal legal significance in the violent nature of their commission, and is expressed in any form of sexual acts of a woman with a woman. Studies of lesbianism as a criminal law phenomenon have not been carried out in science so far. As already noted, male homosexuality knows other manifestations besides sodomy. Therefore, in case of violent acts of a sexual nature that occur between men and are not sodomy, such an act may fall under the definition of “other acts of a sexual nature”. With violent acts of a sexual nature between women, it is always violent lesbianism.

A natural question arises, what are “other acts of a sexual nature”? If the existing definitions of sodomy and lesbianism seem to be more or less clear, then “another act of a sexual nature” is a very conditional concept, many authors indicate this in their works.

Not only can they hardly be listed as such, but it is quite seriously proposed to include among them not only sexual perversions known and described in the medical literature, but also manifestations of violent sexual activity that are exotic for the domestic law enforcer. It seems that in the case of such a broad understanding of “other sexual acts”, the Criminal Code of the Russian Federation will begin to resemble a reissue of the Kama Sutra or a medical manual.

Another consideration is against such an approach to the interpretation of "other sexual activities". In some criminological works, it is proposed to consider any crime committed on a sexual basis as a sexually violent crime. And if in criminology this can be justified, then in criminal law it is unlikely.

Indeed, if someone experiences sexual pleasure caused by torture or bodily harm, while not committing sexual manipulation in the proper sense of the word, then, if we follow this approach, the deed should be qualified precisely under Art. 132 of the Criminal Code of the Russian Federation, and not under articles on crimes against the life and health of a person. But this is absurd - if a person, for example, by amputating a finger to the victim, experiences sexual desire or satisfaction, then, on a subjective basis, he should be liable for a crime against sexual freedom or sexual integrity.

In our opinion, in the current legislation, the content of the article “other acts of a sexual nature” covers a quite certain number of acts that can be distinguished from violent sodomy and lesbianism. When proposing a legislative definition of “other acts of a sexual nature”, it is useful to take a closer look at foreign experience. After all, being new for our country, the composition in question has existed for quite a long time in the legislation of many countries.

The criminal legislation of France and Spain, defining a sexual act as such, deciphers its content as “sexual penetration”. it is necessary to include only those that are expressed in forced sexual penetration.

By "sexual penetration" we mean the introduction of both the penis and other objects into the natural cavities of another person in order to obtain sexual satisfaction. In this case, the insertion of a penis into the oral cavity of another person, and the insertion of the penis into the anus of a woman (a similar action against a man is an act of sodomy), and the introduction of any other object into the natural cavities of another person (including when imitating sexual action). Once again, we note that sexuality as a characteristic of such penetration means that the person has a goal to obtain precisely sexual satisfaction.

We can be reproached for narrowing the boundaries of criminal repression, caused by the restriction of the list of other acts of a sexual nature to sexual penetration. However, we believe that such a narrowing of the boundaries of criminal liability for the crime in question is more acceptable and appropriate, because otherwise the unlimited understanding of “other sexual acts” will lead to an unjustified expansion of the scope of criminal liability and the possible application of the law by analogy.

In this regard, it would be correct to develop proposals for improving the current criminal legislation in this area, which would increase the effectiveness of the fight against the crimes in question. It should be noted that conducting research in this direction presents certain difficulties, because in criminal law science and criminology, sexual crimes have not yet been studied with the wide involvement of modern achievements in sociology, psychiatry, and primarily sexology, sexopathology and psychology. In the Soviet period, the crimes we are considering were studied little and somehow bashfully, and information about crimes of this type was not available to the general public. It was protected by the state almost on a par with state military secrets.

Based on the above considerations, we support the opinion of A. Kibalnik, I. Solomonenko and propose to state Art. 133 of the Criminal Code of the Russian Federation in the following new edition:

Article 133. Compulsion to act of a sexual nature

1. Forcing a person to have sexual intercourse, sodomy, lesbianism, or other acts of a sexual nature by means of blackmail, threats to destroy, damage or confiscate property, or use the material or other dependence of the victim (victim), shall be punished...

2. The acts provided for by the first part of this article, if they are committed in relation to a minor (minor), shall be punished ...

3. The acts provided for by the first part of this article, if they are committed against a person who has not reached the age of fourteen, shall be punished ...

From the foregoing, it should be concluded that the crimes we are considering are of high public danger, as they encroach on the normal formation of the child, his physical, mental and sexual development, rights and interests. At the same time, the psychological study of violence as a way of committing sexual crimes against a child will make it possible to solve the problems of diagnosing and rehabilitating victims of violence - and developing the main measures of criminal law and preventive influence on criminals.

The development of the problem of the essence of the crimes we are considering will, in our opinion, make it possible to better understand them and, on a new basis, be involved in solving such significant practical problems as the quality of the law-making activities of the state in ensuring the safety of the child from violent crimes of a sexual nature. In this context, the severity of the legal norm should be determined by the degree of public danger and its compliance with the spiritual values of society, its ideals, needs and expectations. Since, sexual abuse of minors causes serious damage to their normal sexual development. The essence of ensuring the normal sexual development of children was determined by Yu.K. Sushchenko, who indicates that it includes: the correct physical development of the human reproductive system; the formation of his moral views in the field of sexual intercourse; the conditions under which this development and formation takes place

Thus, a violent crime of a sexual nature committed against a minor should be understood as sexual intercourse with them, using mental or physical pressure, threats, intimidation against them, as well as by bringing them to a helpless state or using such a state, forcible sexual intercourse. an act with them, after beating them, sex as a means of humiliating and insulting them, honor and dignity.

Polina Vyacheslavovna Shmarion

Adjunct of the Department of Criminal Law and Criminology of the Saratov Law Institute of the Ministry of Internal Affairs of Russia (e-mail: [email protected])

Motives for violent crimes committed in the family against minors

Annotation:

The article is devoted to the study of the motives for crimes committed in the family against minors. The author reveals the main motives of the crime, offers their classification, gives examples of investigative and judicial practice.

The article is devoted research of reasons of crime, accomplished in a monogynopaedium in regard to minor. An author exposes basic reasons of crime, offers their classification, makes examples of sledstvenno-judicial practice.

Key words: juveniles, violent crime, crime motive, family, violent actions.

Keywords: minor, crime of violence, reason of crime, monogynopaedium, violent actions.

Recently, the most public outcry is caused by violent crimes committed in the family against minors. As various studies show, every day three children die due to child abuse or lack of proper care. More than half of all cases of bodily harm to children are associated with physical abuse of children by their parents About 50% of cases resulting in serious bodily injury or death occur in children under the age of 3 years.

To prevent violent crimes committed in the family against minors, it is necessary to find out why the perpetrators commit crimes, what drives them, and most importantly, how their behavior can be influenced. To do this, it is necessary to reveal the internal cause of criminal behavior - the motivation of the offender - a set of incentive elements that directly give rise to the crime.

The core of aggressive motivation is: negative criminal-legal consciousness, negative-emotional attitude towards the victim, as well as aggressiveness as a desire to cause harm, cruelty, lack of empathy and egocentrism.

In the process of motivation, not one motive of social behavior is usually formed, but two or more, i.e. human behavior, including violent behavior, is polymotive. On this occasion, A. G. Maslow said the following: “If we are faced with a behavioral act in which one single determinant, a single motive and a single goal can be identified, then we must understand that we are dealing with an exception.” At the same time, motives can not only “cooperate” with each other, but also strengthen or weaken each other, enter into mutual contradictions, which may result in inconsistent, difficult to explain behavior. Among the existing motives, the following are often distinguished: dominant - determining the main meaning of the activity of the perpetrator, additional - reinforcing the meaning of the activity of the person, protective - justifying the actions of the subject

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crimes in his own eyes, as well as a motive that neutralizes the influence of opposing motives.

The same actions can be motivated by different motives, and similar motives can give rise to different activities (both illegal and lawful). In the hierarchy of motives, there may be one or more leading ones, which in a certain sense constitute the essence of the personality of a violent criminal in the family, and in general determine his behavior. Leading motives can act in parallel, they can change places over time, and new motives may also appear and actively function.

It should be noted that motives can be both conscious and subconscious (unconscious) in nature, which was relatively recently recognized by representatives of both psychological and legal sciences. The real motives are not always realized by the subject in actuality, i.e., in the course of preparing and performing actions; often they reveal themselves only after the corresponding action has already been completed or are not realized at all.

Often a person, explaining his behavior, replaces the motive with motivation - conscious, and sometimes artificial attribution of certain motives to his actions (including false ones, in order to hide or ennoble genuine motives). The true motives and motivational processes elude not only the subjects of law enforcement, but also the criminogenic personality itself. So, in the course of a study conducted by N. I. Beltsov, it was found that in 80% of cases, the parents surveyed consider beatings as punishment for their children for wrongdoing, and in 45% of cases, torture as a form of coercion for obedience.

It is not easy to identify the true motives of crimes, especially if they are of an unconscious nature. What at first glance seems to be the leading motive may actually be one of the secondary stimuli or have no stimulating value at all. Therefore, law enforcement agencies are faced with the problem of establishing the true motives for violent crimes committed in the family against minors.

Failure to establish the true motives of the crime often leads to incorrect qualification and violation of the principle of justice in sentencing, and

also to ineffective preventive activities, since “only taking into account the motives that guided the individual in his activities, one can understand the true nature of lawful or unlawful behavior”, “without knowing the true motives of a person, we cannot give a moral assessment of his act. A good deed can be caused by a bad impulse and vice versa.

Yu. M. Antonyan explains the commission of violent crimes against minors by the presence of very painful memories and feelings associated with the childhood of the offender himself. As a result of the research, it was concluded that the life experience that took place in early childhood, if it was emotionally saturated and traumatic, can “get stuck” in the psyche and already many years later to motivate criminal behavior. The main motive for violent crimes committed against minors is the desire of the offender to eliminate the psycho-traumatic memories of his own childhood. The personal meaning of the murders of minors is the "removal" of psychotraumatic experiences associated with childhood, by destroying the object that evokes associations with this period of life. By killing a child, having previously psychologically merged with him at an unconscious level, the criminal symbolically eliminates his childhood, his childhood suffering.

Researcher M. A. Totorkulova believes that “the assault of a father on his daughter is based on a problem of a sexual nature. With the help of physical punishment, he relieves himself of the burden of unsatisfied needs or compensates for the moral damage from a bad relationship with his wife. The cruel treatment of the father to the son is explained by rivalry because of the love of the wife. A woman commits violence against her children, taking her parental family as an example. Cruel punishment for her became a stereotype of education.

I. S. Fedotov came to the conclusion that the motives for women to kill children under the age of 14 are the unwillingness of the child because of:

lack of material means for his normal upbringing;

mental or physical disabilities of the child;

husband's drunkenness;

the absence of a husband;

condemnation by relatives for the “working up” of the child; his youth; marital infidelity; the constant whims of the child. According to T. N. Volkova, women who committed violent attacks against older children revealed such motives as jealousy (usually for a teenage daughter), a desire to please a roommate (husband), revenge (this takes place in situations interpersonal family conflicts). Self-interest also appears among the motives for infanticide. This motive is associated with the desire to obtain property or the right to it, which is bequeathed to the child. Most often, murders of minors for mercenary motives are committed against non-native children, in the vast majority of cases - children of spouses.

A. E. Volkova, exploring the motives for acts related to child abuse, highlights religious prejudice and the desire to take out irritation on the child.

A. Miller among the motives for the use of violence against minors by parents and other family members identifies the following:

an unconscious need to transfer to another the humiliation to which they themselves were once subjected;

the need to release repressed feelings;

the need to possess and have at one's own disposal a living object for manipulation;

the transfer of one's own childhood experience, due to the need to idealize one's own childhood and one's own parents through the dogmatic application (transfer) of parental methods of upbringing to one's child;

the desire to take revenge for the pain that the parent himself once experienced.

After analyzing the results of various studies and summarizing the materials of judicial practice, we came to the conclusion that violent crimes committed in the family against minors, depending on the motives, can be divided into the following five groups.

The first group combines violent crimes committed on the basis of assertion and self-affirmation: the desire of the perpetrator to assert his authority in the family (in 85.7% of cases), the desire to dominate,

to rule in the family (in 50% of cases), the desire of the perpetrator to force the victim, other family members to submit to himself (in 84.1% of cases), taking out on the victim the anger that arose as a result of conflicts with other family members (in 55.7% of cases) venting on the victim of anger associated with the impossibility of the perpetrator to fully fulfill his role in the family (in 44.3% of cases), venting on the victim of anger resulting from failures, a crisis of personal, family life (in 25% of cases), the desire to harm the victim pain, suffering, damage (in 89.8% of cases).

The second group is represented by violent crimes committed with mercenary motives, such as: self-interest (the desire to acquire property or the right to property of a minor victim, the desire to get rid of the need to pay alimony, etc. ) - in 15.9% of cases, as well as the desire to evict the minor victim and his parents from the common living space (in 12.5% of cases).

The third group includes violent crimes, the main motive of which is the desire to “educate”, discipline a minor, influence his behavior in order to suppress whims, unwanted actions, etc. (in 1.1% of cases).

The fourth group combines violent crimes dictated by the desire to get rid of the victim and the concerns associated with him (the need to care for, educate, take responsibility, etc.).

The fifth group is represented by violent crimes, which are based on the desire of the offender to protect himself or other family members from mental or physical violence emanating from the victim. Such "defensive motives" include: the desire to stop insults, humiliation on the part of the victim; suppression of violence, attacks by the victim on the offender; protection from violence, attacks by the victim of other family members.

The most common cases are when the main motive for the use of violence is the desire of the perpetrator to assert himself. Violence acquires an independent, self-pressing meaning as a tool for establishing the power of the criminal.

Most often, the formation of intent to commit these crimes occurs in a state of frustration - internal psychological stress, which

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develops with an unsuccessful attempt to realize their desires, aspirations. The result of frustration can be a feeling of anger, disappointment, oppressive hopelessness, accumulation of extreme tension, anxiety, irritability and aggressiveness. This emotional condition may escalate into criminal activity. It should be especially emphasized that the release of frustration tension can be transferred to random persons who have nothing to do with the conflict situation. This idea was first expressed by scientists Dollard and Miller.

Developing this theory, B. Petelin points out that the essence of the actions of the perpetrator in the commission of a crime is the desire to replace an unattainable goal with another - achievable one.

"Replacement" of actions, i.e. displacement in the object of action, can occur in different ways.

Firstly, "replacement" actions can be directed against the person who first "came to hand". In this case, the object of the attack is defenseless, and the attacker is confident in his impunity. Such random persons often become minor family members. Adults splash out aggression, committing violent crimes against minor relatives, usually children, because of domestic and industrial problems, personal failures.

An example is case No. 1-2/2007, considered by the World Court of the Soviet District of Lipetsk. Citizen K., has no prospects in life, does not work, systematically consumes alcoholic beverages, constantly makes scandals to his wife and two minor children, beats them for no reason. So, being in a state of alcoholic intoxication, K. at 2 o'clock in the morning turned on the music loudly, preventing everyone from sleeping. When his minor daughter turned the volume down, G. hit her with a crutch hard on her arm, causing physical pain. Then G. followed his daughter into the bedroom and began to shout at her and call her names with obscene words. The daughter was silent, then G. grabbed a stool and hit her several times on the head and arm, which she tried to hide behind. As a result of G.'s actions, minor S. suffered multiple bruises on the head and a bruise on the left wrist joint with swelling, which were not regarded as harm to health. In the morning

G. entered the room where his underage son I. was, and began using obscene language towards him. G. deliberately hit his son's right hand with his fist, causing moderate harm to his health on the basis of a long-term health disorder for more than 21 days in the form of a closed fracture of the middle third of the 5-metacarpal bone with displacement of fragments.

Secondly, "substitution" can be expressed in the "spreading" of behavior, when violent crimes are directed not only against persons who are a source of discontent, but also against people closely associated with him. Often this reflects a hidden marital conflict, dissatisfaction with each other not expressed by both adults, dissatisfaction with marriage in general. Such feelings are fully manifested in relations with a child who looks like an unloved spouse, which causes disappointment and irritation, and therefore becomes an object for splashing out the most negative feelings and manifestations of aggression. For example, having quarreled with his wife, the guilty person transfers his hostile feelings to an innocent child and beats him. Usually, the connection between the mother and the child is closer than that of the father, therefore, wanting to take revenge on the woman and cause her suffering, the man hurts her child.

With the spread of violent behavior, the offender may show various feelings towards the person who is the true source of his aggression: jealousy, revenge, envy, malice, anger, hatred, etc. Common to these crimes is the desire of the guilty person to indirectly harm the person who provokes these feelings by applying violence against the minor associated with it.

Thus, citizen S., in a state of alcoholic intoxication, repeatedly beat and threatened to kill his 5-year-old son. He explained his actions with anger that arose as a result of suspicions that his wife was cheating on him.

For the first time, the Austrian scientist A. Adler, a student and follower of Z. Freud, spoke about the psychological nature of the motive of self-affirmation. In an effort to uncover and explain the origins of the emergence of criminal acts, A. Adler put the "superiority complex" in the first place. The cornerstone of his theory is the doctrine of the inferiority complex, which he himself first introduced into scientific circulation and described in detail. Inferiority complex

This is a special form of attitude and behavior of individual individuals - the result of an exaggerated sense of inferiority.

For a person suffering from a sense of his inferiority, it is characteristic that at the initial stages of his life this person adapts poorly, is not socially adapted, is not confident in himself and in his actions, and tends to blame others for his failures.

The paradox of this phenomenon lies in the fact that "the inferiority complex turns into a superiority complex...". A sharp, almost unnatural, transformation of one set of behavior into another is especially characteristic of people with criminal inclinations.

The feeling of protest, the desire to get rid of their inferiority, from their dependent position on others: parents, bosses, spouses, etc. - all this pushes them to asocial acts and crimes. The mechanism of transformation is such that social ineptness, self-doubt is replaced by a distorted desire to become strong, to surpass others, to assert oneself at any cost. The instinct of superiority, the desire to rise above others becomes the defining inner strength individual, the main source of his behavioral motivation. A. Adler interpreted the superiority complex as a kind of compensation for feelings of inferiority, and the deeper the feeling of inferiority was in the past, the stronger the protest, anger against people and the whole society.

Moreover, according to psychologists, the perpetrator usually never says that he wants to strike another, hurt, offend, impose his way of life, etc. In fact, these intentions are often the main goal. What is important is not the subject of the conflict itself, but namely bringing the victim to a certain state, causing damage to her. A conflict that leads to violence can be called, using the term of the American conflictologist L. Coser, “unrealistic”. It arises from aggressive impulses seeking expression regardless of the object. A person pathologically striving to assert himself is always ready to use violence; this does not require any special, let alone extreme situations. Violence on his part can become obvious and open at any moment, it is unpredictable, as it acts as a way to solve one or another problem.

vital task for the rapist, a means to achieve his selfish goal. Such a person stops waiting for the right opportunity. The desire to achieve his goal at any cost makes him constantly look for and create the necessary situations and conditions for himself in order to splash out.

Sometimes the desire to assert oneself takes on very ugly forms, such as sadism, when violence is used for the sole purpose of inflicting as much suffering on the victim as possible. Erich Fromm defined the commission of violent acts involving particular cruelty towards children as one of the manifestations of non-sexual sadism.

According to data obtained by M. V. Danilevskaya, parents commit the most brutal murders against their 5-6-year-old children. We find an explanation for this from E. Fromm: “Sadism manifests itself in its most intense form when the child is still defenseless, but already begins to show his will and counteracts the adult’s desire to completely subjugate him. The core of sadism is passion, or the thirst for power, absolute and unlimited over a living being, whether animal, child, man or woman.

A. constantly mocked and tortured his young stepson for a year and a half. He beat the boy with a piece of cable, a soldier's belt with a metal buckle, rope, hands and feet on the head and body; burned his face and chest with cigarettes; he hung metal clothespins on the genitals; placed in a bath of cold water and dripped water on the head; he took the hair, lifted the child up by them, and threw it with force on the floor; starved; forced to sleep on a rug in the corridor or in the toilet; tightly chained around the neck to sewer pipe in the toilet for the whole day so that the child could not even turn his head, and had to stand all day; woke up at night and forced to do exercises; forced to eat rotten, spoiled food; beat his stepson with his head on a cast-iron central heating battery; locked in a drawer under the sink for a long time; so that the neighbors would not hear the boy's cry, he pushed a doormat into his mouth, causing his mouth to tear and making it impossible to breathe. As a result of A.'s actions, all parts of the body of the young stepson were brutally mutilated, his face was indelibly disfigured: his ears and lips were torn, his nose was broken, the entire surface of his head was covered with scars and bumps. Guilty

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explained his actions with a desire to raise the boy well, beat because the child "did not understand the words."

The true reason for the commission of such crimes, striking in their cruelty, against minor family members is the desire to assert themselves by establishing undivided power over the child. In the monograph “The Psychology of the Criminal and the Investigation of Crimes”, the authors write: “At the very moment of the use of violence, torturing, torturing, destroying another, causing him terrible suffering, the criminal feels the fullness of his power. Perhaps it is at this moment, without a trace enslaving his victim, that he lives the most complete life. This very important side of violence and power was accurately expressed by J. Orwell: “The purpose of repression is repression. The purpose of torture is torture. The purpose of power is power... Power is to hurt and humiliate. It is to tear people's minds to pieces and put them back together in the form you want." The use of violence, which causes special suffering and anguish to the victim, is in this case necessary and obligatory for the offender, represents a value in itself for him, since aggression and cruelty are part of the ideological core of the personality. The commission of a crime by such persons is necessarily preceded by a series of cruel deeds, actions, thoughts. And very often it begins to manifest itself in childhood, especially in puberty. It is characteristic that the criminals of this category tortured animals in childhood, as teenagers, mocked weak peers, in the army they were active participants in hazing, women are characterized by a complete absence maternal feelings.

Self-interest as a motive for committing a crime means that the basis of the motives for a socially dangerous act is the desire to obtain some kind of material benefit, benefit. The motive, dictated by the desire to evict the minor victim and his parents from the common living space, is presented in this group, since it basically expresses the desire of the perpetrator to fully own, undividedly use and dispose of certain material benefits (living space), despite the fact that others family members also have certain rights to it.

An example of a violent crime

committed in the family against a minor for mercenary motives, a criminal case considered by the Kominternovsky District Court of Voronezh, on charges of G. of committing crimes under Art. 116, 119 of the Criminal Code of the Russian Federation. Convicted G., being in a state of intoxication, came to the apartment of his ex-wife and started a quarrel, demanding to take away a writ of execution for the recovery of alimony from him for the maintenance of his minor daughter. G. insulted his ex-wife with foul language, threatened to kill him, squeezed his neck, and hit him on the head. Then he grabbed his young daughter in his arms, and, continuing to demand from his ex-wife that she take the writ of execution, he lifted the girl by her legs above the flight of stairs, threatening to throw her down from the 8th floor if ex-wife disagree with his demands: “I’ll ruin it, there will be no one to pay!” The neighbors came out to the noise and demanded to stop the criminal acts, then G. let the child go, hitting her 3 times on the head and thereby causing physical pain.

In cases where violence is used in order to achieve from a minor the behavior desired by the criminal, parents seek to educate, discipline the child, correct some undesirable, from their point of view, character traits or individual characteristics of the minor. At the same time, his real capabilities and desires may not be taken into account. Parental relationships are characterized by peremptory, excessive demands, strictness, threats and coercion, which causes a feeling of fear and insecurity in children. Violence is an instrument of influence on a minor and is dictated by the desire to force him to commit certain actions or to refuse to commit actions that are undesirable for the offender.

Most often, this situation occurs in families with an authoritarian style of upbringing, which, as A. S. Makarenko emphasizes, is most characterized by cruelty. Researcher N.V. Tarabarina, as a result of studying cases of child abuse, also came to the conclusion that children who are brought up in an atmosphere of unquestioning obedience are most often subjected to domestic violence.

Moreover, the stereotype that exists in society, based on the basic norm: “good children are not beaten if they are submissive,” according to

well-known psychologist T. Harris, contributes to the "legalization" of violence against children and the tolerant attitude of society towards domestic violence against minors.

So, as a result of the survey, it was found that the majority of fathers and mothers, regardless of the characteristics of their own personal behavior, prefer to see submissive forms in the behavior of the ideal child, and in the behavior of girls, in their opinion, this should prevail to a greater extent than that of boys. .

According to scientists, including psychologist L.S. Alekseeva, there are periods in the development of a child that most often provoke violence from parents. Such periods fall on the preschool and adolescence when the adaptive abilities of children decrease, they may require more attention, become more capricious, helpless, unbalanced, which causes rejection, aggression and provokes violence in immature, pedagogically illiterate parents.

At the same time, the requirements for the child may be either inappropriate for the age and abilities of the victim, or quite fair.

For example, between guilty B. and her minor daughter S. there was a conflict due to the fact that the daughter did not spend the night at home, missed school classes. B. demanded a change in her daughter's behaviour. During the quarrel, B. grabbed a wooden T-square and began to strike her on the body and face of C. As a result of B.'s actions, her 15-year-old daughter was injured in the form of a fracture of the bones of her nose, which caused slight harm to her health with a short-term health disorder.

In such cases, it is often difficult to determine whether the juvenile's misbehavior is the result of violence or a contributing factor to it. According to a 1988 US national survey, almost 25% of children who were abused by their parents had had behavioral difficulties in the previous year. However, this fact may indicate the pedagogical helplessness of parents, or may be a symptom of poor parental treatment.

We did not encounter crimes belonging to the fourth and fifth groups during the study, so we will be guided by the data obtained by others.

researchers.

With the motive expressed in the desire to get rid of a minor, murders of children are often committed, especially young children, children with disabilities or children suffering from serious illnesses, birth defects development, etc. An example is the crime cited by M. V. Danilevskaya. T., who had five children in her care, killed her five-year-old paralyzed daughter. The girl did not move, did not speak, moved in a wheelchair, needed constant care. T., trying to get rid of the sick child, strangled the girl with a pillow. Persons who commit such crimes are often characterized by the underdevelopment of parental instincts or their absence, selfishness, infantilism, emotional coldness, indifference, lack of empathy, inadequacy of emotions.

Speaking of motives, it should be remembered that the motives themselves cannot be criminal. Only behavior can be criminal, and it depends on the choice of means for realizing motives, on the moral orientation of the personality, its

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solidarity with legal norms, acceptance of them.

The study of the motives of criminal behavior should always be carried out in close connection with the personality of the offender, their understanding should always follow from the understanding of the personality itself, its essence. Only such an approach will reveal why this motive is peculiar to this particular person. In this way, a transition can be made from ascertaining the non-specificity of the motive of only a crime to recognizing its specificity, patterns for a particular individual.

Knowing exactly the internal reasons that prompt a person to commit a violent crime against a minor family member, it is possible to more effectively solve the problems of both general and individual preventive activities.

Changing a person's motivation is a difficult task, but if you deal with it consistently and comprehensively, it will turn out to be much more effective than any punishment measures or threats of their use.

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