On the need to expand the range of subjects of criminally punishable non-fulfillment of duties for the upbringing of a minor

Abstract

In the context of active criminal lawmaking, the critical legal method of evaluating both the novelties of the law and the provisions that have not been changed is of particular importance. The need for a critical assessment of the latter is caused by the dynamics of social life, an adequate reflection of which forms the essence of the requirement of social conditionality imposed on law in principle and on criminal law in particular. At the same time, the possibilities of an interdisciplinary and intersectoral approach are of particular importance. Thus, the transformation of the institution of the modern family, stated by sociologists, is not taken into account by the legislator, who continues to focus on the nuclear, «traditional» family model, including for the purpose of criminal law protection of the family and minors. This is evidenced, for example, by the range of subjects of non-fulfillment of duties for the upbringing of a minor by parents and other persons to whom this duty is assigned in accordance with the procedure established by law. Outside of it are persons who actually perform duties to raise a minor, which include other relatives and persons who are in a kinship relationship with the victim or who are not. In order to overcome the indicated gap, Article 156 of the Criminal Code of the Russian Federation proposes to use the term «actual upbringing».