Izvestiya of Saratov University.

Economics. Management. Law

ISSN 1994-2540 (Print)
ISSN 2542-1956 (Online)


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

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Russian
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Article
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342.41

Realization of the Constitutional Principle of Equality of the Parental Rights and Duties while Imposing and Serving Criminal Penalty

Autors: 
Torosyan Rima Andranikovna, Saratov State University
Abstract: 

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.

Reference: 
  1. Constitution of the Russian Federation (adopted by the popular vote of 12.12.1993) (amended of 30.12.2008 no. 6-FKZ, of 30.12.2008 no. 7-FKZ, of 05.02.2014 no. 2-FKZ, of 21.07.2014 no. 11-FKZ). Sobranie zakonodatel’stva RF [Collection of Laws of the Russian Federation], 2014, no. 30 (pt. 1), art. 4202; 2014, no. 31, art. 4398 (in Russian).
  2. Family Code of the Russian Federation of 29.12.1995 no. 223-FZ (an edition of 18.03.2019). Sobranie zakonodatel’stva RF [Collection of Laws of the Russian Federation], 1996, no 1, art. 16; 2019, no. 12, art. 1225 (in Russian).
  3. Dolina V. A., Borchenko V. A. On the issue of the realization of parental rights by fathers sentenced to imprisonment. In: Problemy i perspektivy razvitiya ugolovno-ispolnitel’noy sistemy Rossii na sovremennom etape [Problems and prospects for the development of the penitentiary system of Russia at the present stage. Proc. of the Int. sci. conf. of adjuncts, graduate students, cadets and students]. Samara, 2018, pp. 71–73 (in Russian).
  4. Criminal Code of the Russian Federation of 13.06.1996 no. 63-FZ (an edition of 29.05.2019). Sobranie zakonodatel’stva RF [Collection of Laws of the Russian Federation], 1996, no. 25, art. 2954; 2019, no. 22, art. 2668 (in Russian).
  5. Kozachenko I. Ya. Ugolovnoe pravo kak osnovnoi instrument ugolovno-pravovogo regulirovaniya [Criminal law as the main instrument of criminal law regulation]. Moscow, Gorodets-izdat, 2004. 412p. (in Russian).
  6. Torosyan R.A. Konstitutsionnoe regulirovanie zapreta diskriminatsii muzhchin v Rossii [Constitutional regulation of the prohibition of discrimination against men in Russia]. Diss. Cand. Sci. (Jur.). Penza, 2017. 236 p (in Russian).
  7. Criminal Executive Code of the Russian Federation of 08.01.1997 no. 1-FZ (an edition of 27.12.2018) (rev. and add. of 08.01.2009). Sobranie  zakonodatel’stva RF [Collection of Laws of the Russian Federation], 1997, no. 2, art. 198; 2018, no. 53 (pt. I), art. 8474 (in Russian).
  8. Khachak B. N. Delay in punishment by criminal – executive legislation: the gender analysis. Vestnik Adygeyskogo gosudarstvennogo universiteta. Ser. Regionovedenie: fi losofi ya, istoriya, sotsiologiya, yurisprudentsiya, politologiya, kul’turologiya [The Bulletin of Adyghe State University. Ser. Regional Studies: Philosophy, History, Sociology, Jurisprudence, Political Science, Cultural Studies], 2011, no. 1, pp. 183–188 (in Russian).
  9. Labor Code of the Russian Federation of 30.12.2001 no. 197-FZ (an edition of 01.04.2019). Sobranie Federation], 2002, no. 1 (pt. I). art. 3; 2019, no. 14 (pt. I), art. 1461 (in Russian).
  10. In the case of verifying the constitutionality of the fourth part of Article 261 of the Labor Code of the Russian Federation in connection with the complaint of citizen A. E. Ostaeva. Resolution of the Constitutional Court of the Russian Federation of 15.12.2011 no. 28-P. Sobranie zakonodatel’stva RF [Collection of Laws of the Russian Federation], 2011, no. 52, art. 7639 (in Russian).
  11. Silko I. G. You can not dismiss the father, who is the sole breadwinner in the family. Otdel kadrov gosudarstvennogo (munitsipal’nogo) uchrezhdeniya [Personnel Department of the state (municipal) institution], 2012, no 1, pp. 62–70 (in Russian).
  12. In the case of the verifi cation of the constitutionality of the provisions of part two of article 170 and part two of article 235 of the Labor Code of the Russian Federation and clause 3 of article 25 of the Federal Law “On Trade Unions, Their Rights and Guarantees of Activities” in connection with requests from the Zernogradsky District Court of the Rostov Region and the Central District Court of Kemerovo. Resolution of the Constitutional Court of the Russian Federation of 24.01.2002 no. 3-P. Sobranie zakonodatel’stva RF [Collection of Laws of the Russian Federation], 2002, no. 7, art. 745 (in Russian).
  13. On amendments to the Penal Code of the Russian Federation in order to protect the rights of children whose parents are serving a sentence of imprisonment. Federal law of 26.07.2017 no. 200-FZ. Sobranie zakonodatel’stva RF [Collection of Laws of the Russian Federation], 2017, no. 31 (pt. I), art. 4749 (in Russian).
  14. King D. Parents, children and prison: Effects of parental imprisonment on children. Dublin, Dublin Institute of Technology, 2002. 80 p.
  15. Murray J. The effects of imprisonment on families and children of prisoners. In: Maruna S., Leibling A. (eds.). The effects of imprisonment. Devon, Willan Publishing, 2005, pp. 454–455.
  16. Robertson O. Vliyanie na detei tiuremnogo zakliucheniya ikh roditelei [Impact of their parents’ imprisonment on children]. Moscow, PRI, 2010. 56 p. (in Russian).
Received: 
08.06.2019
Accepted: 
22.07.2019