Some Problems of Legal Regulation of a New Edition of
This article examines the provisions of the current criminal law of Ukraine regarding some issues of legal regulation of the new wording of Article 152 of the Criminal Code of Ukraine and covers the legislative changes introduced into it. First of all, statistics on registered criminal offenses, including rape and assault on him and data from the information agency regarding the actual number of crimes committed against the sexual freedom and integrity of the individual are provided. The problem of the difference between the new edition and the previous one is illustrated, some positive and negative indicators of these changes are illustrated, opinions of Ukrainian lawyers on this issue are analyzed. The article also highlights the problem of so-called "domestic rape" and its detailing in the new qualifying, sign of a new version of this crime. Some features of the psychological aspect of perception of such rape as a crime, a victim are determined. In addition, the article draws attention to the fact that the new wording of Article 152 of the Criminal Code of Ukraine allegedly establishes a gender neutral definition of rape, but when studying the disposition of this norm it becomes clear that a man is not in all cases envisaged by it may be victimized, which is a gap in the legislative fixing the issue of the criminal-law assessment of certain criminal attacks on the sexual freedom of men. An explanation is given on the issue of reaching the consent of the opposite sex in sexual intercourse by deception in terms of the new and previous version of the aforementioned article and the emergence in the disposition of the appraisal concept of "voluntary consent". The conclusion is made of the imperfection of the legislative regulation of the new wording of the crime provided for by Article 152 of the Criminal Code of Ukraine and the formality of the nature of the changes introduced, it is proposed to improve some issues, namely: physical or psychological violence to be indicated as qualifying sign, to remove from the ...