For citation:
Torosyan R. A. Realization of the Constitutional Principle of Equality of the Parental Rights and Duties while Imposing and Serving Criminal Penalty. Journal Izvestiya of Saratov University. Economics. Management. Law, 2019, vol. 19, iss. 3, pp. 344-350. DOI: 10.18500/1994-2540-2019-19-3-344-350
Realization of the Constitutional Principle of Equality of the Parental Rights and Duties while Imposing and Serving Criminal Penalty
Introduction. The article is devoted to the implementation of the constitutional principle of equality of parental rights and obligations while imposing and serving criminal punishment. Theoretical analysis. The author analyzes the Criminal and penal codes of the Russian Federation in terms of the implementation of the constitutional principle of equality of parental rights and obligations while imposing and serving criminal punishment. The author notes that the criminal code stipulates a list of penalties, some of which are asymmetric, that is, they contain no conditional benefits for women mothers, which leads to a violation of parental rights of men. Results. Summarizing the results of the study of criminal and penal enforcement legislation, the author comes to the conclusion that at present the principle of equality of men and women in the field of penal enforcement legislation in relation to their family responsibilities is observed. However, there is an unjustified differentiation of some provisions of the criminal law, which is an obstacle for men-fathers to the exercise of parental responsibilities, enshrined in part 2 of article 38 of the Constitution.
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