ЗАРУБІЖНИЙ ДОСВІД ПОПЕРЕДЖЕННЯ НАСИЛЬНИЦЬКИМ ЗЛОЧИНАМ ПРОТИ СТАТЕВОЇ СВОБОДИ ТА СТАТЕВОЇ НЕДОТОРКАНОСТІ НЕПОВНОЛІТНІХ

Abstract

The article considers international legal acts to prevent violent crimes against sexual freedom and sexual integrity of the child. An analysis of international legal acts and legislation of other states shows that today almost all countries of the world have norms, to some extent related to the criminal law protection of public morality. The existence of these norms is due to the need for state control over prostitution, the circulation of pornographic products, as well as the existence of obligations at the level of interstate relations. It is noted that in international practice there are no generally accepted standards of legal regulation of the market of sexual services - in each country special legal approaches are introduced, taking into account national traditions. At the same time, in most European countries, against the background of loyalty to persons engaged in prostitution, stricter sanctions have been introduced than in Ukraine for sexual violence against children. The urgency of the topic is due to the fact that the expansion of the process of European integration of Ukraine requires the implementation of standards of protection of human rights and freedoms recognized in the law enforcement practice. This is especially true of children who, because of psychological, social and personal immaturity, dependence on adults, lack of life experience and many other factors, are least protected from the dangers, including sexual abuse (according to UNICEF, every fifth child in Europe becomes sexually abused). World-wide humanitarian approaches to the protection of the sexual integrity of the child are enshrined in the Geneva Declaration of the Rights of the Child 1924 p., And subsequently in the Universal Declaration of Human Rights 1948 p., The Declaration of the Rights of the Child 1959, the 1989 Convention on the Rights of the Child (ratified in Ukraine 1991 p. .), The Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse. In accordance with international standards, in addition to the punishment of the perpetrators, work should be done with those who have committed acts of a sexual nature, to prevent new violations, as well as to rehabilitate victims. Unlike the EU criminal law doctrine, US federal law addresses the issue of criminal protection of child sexual abuse more broadly, including in the “child sexual abuse” group of acts that have more than direct but also the indirect link with the sexual motivation of the guilty person. These actions are divided into two types by American criminologists: adult and child sexual intercourse (incest) and extramarital sex (pedophilia). At the level of law, most U.S. states punish not only the person who provides sexual services but also the person who uses them (so-called "patronage"). This principle of the American lawmaker seems to be quite relevant because it allows to create evidence base, prevent crime.