АКСИОЛОГИЧЕСКИЙ И СТРУКТУРНО-СОДЕРЖАТЕЛЬНЫЙ ПОДХОДЫ К ПОНИМАНИЮ И УСТАНОВЛЕНИЮ ОБЪЕКТА ИНЫХ НАСИЛЬСТВЕННЫХ ДЕЙСТВИЙ СЕКСУАЛЬНОГО ХАРАКТЕРА

Abstract

The article draws attention to the debatable nature of the issue of the complex structure of the object of other violent acts of a sexual nature (Article 132 of the Criminal Code of the Russian Federation), taking into account the features of which will reduce the number of errors in the legal assessment of such acts. An open list of acts forming the objective side of other acts of a violent nature puts law enforcement officers in a difficult position, does not serve the uniformity of judicial practice, can lead to accusatory evasion and violation of the rights of both persons brought to criminal responsibility and those who have suffered. The authors use doctrinal studies devoted to the object of the crime, including multi-object crimes, encroachments against sexual freedom and sexual inviolability of the individual and current judicial practice. It is stated that the establishment of the object of other violent acts of a sexual nature from the traditional positions of dividing them “horizontally” does not always allow to establish the object and the objective side of the crime under consideration. In order to understand the objective signs of the act in question and to distinguish it from related crimes, the authors believe, it justifies a comprehensive approach to establishing the object of other violent acts of a sexual nature, namely from the standpoint of a content-structural approach (i. e., taking into account the vertical-horizontal classification of objects) and axiological, “responsible” for the value content of protected goods.