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PRESUMPTION OF INNOCENCE AND SOME PROVISIONS OF THE NOTE TO ARTICLE 131 OF THE CRIMINAL CODE OF RUSSIA |
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| รหัสดีโอไอ | |
| Creator | Alexey A. Shirshov |
| Title | PRESUMPTION OF INNOCENCE AND SOME PROVISIONS OF THE NOTE TO ARTICLE 131 OF THE CRIMINAL CODE OF RUSSIA |
| Contributor | Svetlana I. Vershinina, Stanislav V. Iunoshev, Evgeniia A. Vasilkova |
| Publisher | TUENGR Group |
| Publication Year | 2561 |
| Journal Title | International Transaction Journal of Engineering, Management, & Applied Sciences & Technologies |
| Journal Vol. | 9 |
| Journal No. | 6 |
| Page no. | 559-566 |
| Keyword | Legal technology, Legal fiction, Presumption of innocence, Rape, Sexual assault, Sexual inviolability of minors. |
| URL Website | http://tuengr.com |
| Website title | International Transaction Journal of Engineering, Management, & Applied Sciences & Technologies |
| ISSN | 2228-9860 |
| Abstract | This paper deals with the issues of compliance with the principles of criminal law and the presumption of innocence of the note to Art. 131 of the Criminal Code of the Russian Federation, which applies to all crimes against sexual freedom and immunity. The authors analyze the issues of the admissibility of using fictitious fiction constructions when describing the signs of the objective side of crimes and conclude that the said note does not comply with the Constitution of the Russian Federation as violating the principles of legal certainty, subjective imputation and contrary to the presumption of innocence. The authors believe that the changes made deprive the criminal law of the unity, system, strict interrelatedness of criminal law with each other and do not take into account the various public danger of encroachment on the sexual inviolability of minors associated with the use of violence and without such. |
