DETERMINATION OF QUALIFIED CHARACTERISTICS OF CRIMINAL OFFENSES BY THE CRITERION OF THE VICTIM’S SOCIAL CONNECTION

Abstract

The article is devoted to outlining the qualifying features of criminal offenses taking into account the criterion of the social connection of the victim. It is emphasized that the current criminal legislation does not contain definitions that explain the categories of “close relative”, “close relative and family member”, “close person”. It is emphasized that among domestic scientists there is also no unity of position regarding the perception of the content of the mentioned categories. The author’s point of view is expressed that in the criminal law sphere it is advisable to use the category of “close relative and family member” as a qualifying feature for crimes against sexual freedom and sexual integrity of a person. At the same time, it is proposed to take as a basis a similar category contained in the Criminal Procedure Code and supplement it with such persons as cousins, as well as stepbrothers and sisters, in addition to this list, it is advisable to add such subjects of family relations as relatives, aunts, uncles, nephews, nieces. In our opinion, the inclusion in the list of close relatives and family members not only relatives of the direct, but also collateral lines of kinship fully correspond to the ideas in society about moral norms, family traditions and customs. In addition, the article expresses the author’s position that the category of “close persons” is more meaningful in its essence, which, in addition to close relatives and family members, also includes persons who are in intimate, friendly (companion) and professional acquaintances with the victim. Such proximity must necessarily be mutual and certified by relevant evidentiary information in criminal proceedings. The category “close persons” is appropriate for outlining the list of victims of criminal offenses against the authority of state authorities, local governments, associations of citizens and criminal offenses against journalists. Thus, the article concludes that the characteristic of the criterion of social connection of a person who is a victim of a criminal offense within the framework of criminal law should be determined by the duality of elements (kinship and proximity). This approach confirms the relevance of two legal categories for the criminal law sphere, namely “close relatives and family members” and “close persons”.