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12Национальная ассоциация ученых (НАУ) # 72, 2021
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УДК 349.6
«DIFFERENCES OF THE INVOLVEMENT OF A MINOR IN THE COMMITING OF ACTIONS DANGEROUS TO THE LIFE OF A MINOR FROM RELATED CRIMES »
Tsyganova E.I.
postgraduate student of the Far Eastern Law Institute of the Ministry of the Internal Affairs of the Russian Federation
ABSTRACT
The article is devoted to the delineation of the crime under Article 151.2 of the Criminal Code of the Russian Federation from other related crimes. The article deals with the subjective and objective aspects of crimes that are related in composition to the crime under Article 151.2 of the Criminal Code of the Russian Federation. Since the elements of crimes under Article 150, Article 151, Article 151.1 and Article 151.2 of the Criminal Code of the Russian Federation are similar, it is important to draw a line between them, to highlight the nuances that distinguish the norm in question from the rest.
Keywords: minors, criminal liability, life-threatening, involvement.
The Criminal Code of the Russian Federation contains several articles that are very similar in their objective and subjective characteristics to the crime covered by Article 151.2 of the Criminal Code of the Russian Federation. Due to the fact that the elements of crime under Article 150, Article 151, Article 151.1 and Article 151.2 of the Criminal Code of the Russian Federation are very similar, it is especially important to draw a line between them, to single out the difference that distinguishes the norm under review from the rest and helps to classify the crime covered by Article 151.2 of the Criminal Code of the Russian Federation correctly. A clear classification of the crime covered by Article 151.2 of the Criminal Code of the Russian Federation ensures the effectiveness of the investigation of criminal cases concerning the most physically and psychologically vulnerable segment of the population - minors [1].
To begin with, it is necessary to clarify the objective and subjective aspects of the considered elements of crime. For a crime covered by Article 151.2 of the Criminal Code of the Russian Federation, the actual content of the crime is an act of involving or inducing a teenager to illegal actions that are dangerous to the life of a minor by persuasion, offers, promises, cheat, threats or in a different manner. The subjective side is characterized by the presence of guilt in the form of direct intent, without taking into account the specifics of the cause and purpose [3].
In a case when a teenager is exposed to cheating, promises, threats or other pressure of a person who involves a minor in committing any crime, including serious and especially serious, the culprit is responsible under Article 150 of the Criminal Code of the Russian Federation. The objective side of this crime is expressed in the fact of involving a minor in the committing of a crime by promises, cheating, and threats or in a different manner [5].
Article 151 of the Criminal Code of the Russian Federation assumes criminal liability in a situation where a teenager is involved in regular drinking of alcoholic beverages, the use of intoxicating substances, as well as begging. The objective side of this crime is directly the act of involving a teenager in the above-
mentioned actions. In the subjective side, the presence of direct intent is pointed out in the act of involving a minor in the systematic use of intoxicating, psychotropic, alcohol-containing substances [2].
Article 151.1 of the Criminal Code of the Russian Federation describes the crime of selling alcoholic beverages to teenagers. Here, the objective side is the fact of selling an alcoholic beverage to a minor citizen. The subjective side is the presence of guilt in the form of direct intent when selling alcohol to a person who is not reliably an adult [8].
Analyzing the objective and subjective components of the above-mentioned crimes, it is possible to identify some nuances that distinguish the crime provided for in Article 151.2 of the Criminal Code of the Russian Federation from the rest articles mentioned in this text. To qualify a crime under Article 151.2 of the Criminal Code of the Russian Federation, there must be a danger to the life of a minor when committing an action to which the minor was abetted. At the same time, comparing Article 151 with Article 151.2 of the Criminal Code of the Russian Federation, it can be concluded that alcoholic beverages and intoxicating substances are certainly harmful to the young body, but still are not considered life threatening or fatal for a teenager. Intoxicating substances include products for household use or medicines, when using which a person falls into a state close to alcohol or drug intoxication, but intoxicating substances are not as dangerous as drugs. Here it is also important to mention Article 230 of the Criminal Code of the Russian Federation, where a separate paragraph singles out the inducement of minors to use narcotic and psychotropic substances. The use of narcotic drugs changes a person's mental health, his behavior, value system and spoils his health. The punishment for crimes with narcotic substances is justifiably strict and the responsibility for the crime covered by Article 151.2 of the Criminal Code of the Russian Federation is incomparable [7].
On the other hand, the persuasion or involvement of a teenager in illegal actions has a negative impact on the unstable mental health of a minor and in the future may cause psychological injuries of an individual, after
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an authoritative person made impact on him (persuasion, advice, suggestion, threat) this may affect his life in older age. That is to say, the absence of criminal responsibility for involving adolescents in crimes will affect the psychological health of civil society taken as a whole, which means that it is important to provide for responsibility in criminal legislation for both a more socially dangerous inducement of minors to use drugs, and a less socially dangerous inducement of adolescents to drink alcohol. However, Article 151.2 of the Criminal Code refers to actions that are dangerous for the life of a young individual. Medicinal and alcohol-containing, alcoholic preparations do not pose an immediate danger to life, therefore, it is incorrect to attribute their use to a crime under Article 151.2 of the Criminal Code of the Russian Federation [4].
In the crime under Article 151. 1 of the Criminal Code of the Russian Federation, there is a self-serving interest of a person selling alcoholic beverages, that is to say, the main cause for committing this crime is not the putting of negative thoughts in minors' minds. Again, alcoholic beverages do not pose an immediate danger to human life, so there is no important objective sign of a crime such as in Article 151.2 of the Criminal Code of the Russian Federation. Referring to the text of Article 151.2 of the Criminal Code of the Russian Federation, it is logical to note that the declination or involvement of a teenager in a dangerous action consists in committing actions that will cause a minor to commit an illegal act. In a situation where the sale of alcoholic beverages is acted out, it is assumed that the teenager independently made the decision to use an intoxicating product, thus, there is no important sign of a crime under Article 151.2 of the Criminal Code of the Russian Federation - an act of influence with direct intent on a minor by an adult subject. And if the subject that sells alcoholic beverages to the population in any way influences the teenager, for example, persuading him to buy an alcohol-containing drink, then this situation is fully regulated by Article 151 of the Criminal Code of the Russian Federation.
The closest objective signs are the crime under Article 150: the persuasion of a minor by promises, cheating or threats - these are the characteristics common to both crimes under Article 150 of the Criminal Code of the Russian Federation and the crime under Article 151.2 of the Criminal Code of the Russian Federation. The difference is in the presence of an immediate danger to the life of a minor participant in the crime.
References
1. Criminal Code of the Russian Federation of 13.06.1996 No. 63-FZ (ed. of 04.11.2019) // Collection of Legislation of the Russian Federation. 1996. №. 25. St. 2954.
2. Gustova E.V. Novellas of criminal legislation: problems of construction and application // Journal of Russian Law. 2018. No. 11. P. 129 - 137.
3. Didenko N.S., Sementsova I.A. Normative and regulatory aspects of the qualification of a crime provided for in Article 151.2 of the Criminal Code of the Russian Federation. 2020. №. 2 (93). P. 116-119.
4. Zhuklina K.E. Criminal-legal characteristics of the involvement of a minor in the commission of actions that pose a danger to the life of adults (Article 151.2 of the Criminal Code of the Russian Federation). Bachelor's work. Krasnoyarsk. 2020. 51. p.
5. Korovin E. P. Some theoretical and practical problems of qualification of the crime provided for in Article 151.2 of the Criminal Code of the Russian Federation. 2018. №. 6. 69. p.
6. Rarog A.I. the Subjective side and the qualification of crimes. M., 2001. 133. p.
7. Sementsov I.A. Topical issues of criminal liability for involvement of minors in the Commission of acts that pose a danger to the life of minors // Science and education: economy and Economics; entrepreneurship; law and management. 2020. № 3. P. 129 - 132.
