Family Ties as a Sign of a Special Subject in the Provisions of the Criminal Code of Ukraine

Abstract

The article reveals the peculiarities of such a feature of a special subject of criminal offenses as family ties. Based on the analysis of the norms of the Criminal Code of Ukraine, the following forms of family ties are distinguished: mother (mother), father, parents, persons who replace them, close relatives or family members, adoptive parents, guardians or custodians, persons entrusted with the duty relations regarding the upbringing of the injured person or taking care of him, stepfather, stepmother. The heterogeneity of their philological understanding and legal content is indicated.
In accordance with the provisions of the Civil and Family Codes of Ukraine, a detailed description of each form of family ties was carried out. The provisions of the draft of the new Criminal Code of Ukraine regarding the definition of spouses and their children by family members until they reach the age of majority, regardless of cohabitation, as well as the classification of any persons who live together, regardless of being married, as part of their circle, are given. are bound by common life and have mutual rights and obligations (except for rights and obligations that are not of a family nature).
The doctrinal achievements are characterized and the aspirations of the legislative bodies regarding the unification of the terminology of the norms of the Criminal Code of Ukraine are stated. The expediency of scientific discussions on clarifying and detailing the signs of a special subject of criminal offenses is indicated, the specific ways of the legislator to improve the provisions of the Criminal Code of Ukraine by clarifying and expanding the circle of family ties are analyzed. The lack of systematic legislative processes regarding the improvement of the norms of the Criminal Code of Ukraine using the example of the term «person who replaces parents» was revealed.
A conclusion was made about the need for legislative unification of the sign of a special subject of criminal offenses – including family ties – and in accordance with the provisions of the current criminal procedural legislation.