Open AccessCrime Subject Under Clause “a” Part 3 Article 230 of the Criminal Code of the Russian Federation: 16 or 18 Years?
Author(s) -
Elena G. Bykova
Publication year - 2020
Publication title -
narkokontrolʹ
Language(s) - English
Resource type - Journals
ISSN - 2072-4160
DOI - 10.18572/2072-4160-2020-4-8-10
Subject(s) - criminal code , paragraph , russian federation , law , subject (documents) , political science , dialectic , code (set theory) , seriousness , legislature , psychology , criminal law , sociology , computer science , epistemology , philosophy , set (abstract data type) , regional science , library science , programming language
Purpose: legal analysis of theoretical and practical aspects of determining the age of criminal responsibility for inducing a person under the age of 18 to use narcotic drugs. Methodology: the fundamental method was dialectical. When studying the regulations governing the issues of bringing minors to justice, the formal legal method was used. The hypothesis about the correctness of the wording of paragraph «a» of Part 3 of Art. 230 of the Criminal Code of the Russian Federation. Analyzed judicial practice and scientific publications on the issue under study. Conclusions: the author concluded that the absence of a legislative limitation makes it possible to assess according to paragraph «a» of Part 3 of Art. 230 of the Criminal Code of the Russian Federation actions of a person aged sixteen to eighteen years. Scientific and practical significance: the scientific significance of the research is expressed in the development of scientifically grounded proposals containing the answer to the question about the age of the person involved in paragraph «a» of Part 3 of Art. 230 of the Criminal Code of the Russian Federation. The noted problem can be further disclosed in detail in scientific research. Practical significance is determined by the fact that the conclusion reasoned by the author can serve as a guideline in the investigation and consideration of criminal cases under paragraph «a» of Part 3 of Art. 230 of the Criminal Code of the Russian Federation for the formation of a unified approach.