1. Committing depraved acts without the use of violence by a person who has reached the age of eighteen against a person who has not reached the age of sixteen -

shall be punishable by compulsory labor for a term of up to four hundred and forty hours, or by restriction of liberty for a term of up to three years, or by forced labor for a term of up to five years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years or without it, or by imprisonment for a term of up to three years. for a term of up to three years with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to ten years.

2. The same act committed against a person who has reached the age of twelve, but has not reached the age of fourteen, -

shall be punishable by imprisonment for a term of three to eight years with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to fifteen years and with or without restriction of freedom for a term of up to two years.

3. Acts provided for in parts one or two of this article, committed in relation to two or more persons, -

shall be punishable by imprisonment for a term of five to twelve years with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to twenty years.

4. Acts provided for in parts one, two or three of this article, committed by a group of persons by prior conspiracy or by an organized group, -

shall be punishable by imprisonment for a term of seven to fifteen years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to twenty years or without it and with restriction of freedom for a term of up to two years or without it.

5. An act provided for in part two of this article, committed by a person who has a criminal record for a previously committed crime against the sexual integrity of a minor, -

shall be punishable by imprisonment for a term of ten to fifteen years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to twenty years.

Comments on Article 135 of the Criminal Code of the Russian Federation

The object of the crime is sexual integrity, the normal physical and moral formation of a minor. Victims of this crime can be female and male persons who were under sixteen years of age at the time of entering into sexual contact with adults (adults) (see commentary to Article 134 of the Criminal Code of the Russian Federation). For the existence of a crime, it does not matter whether the victim (victim) has sexual experience or not. Also, the voluntary consent of the victim (victim) to commit indecent acts does not matter.

The objective side of the crime is the commission of various acts of a sexual nature aimed at satisfying the sexual passion of the perpetrator or awakening sexual desire (passion) in the victim. These actions, in their content and form of expression, have the ability to have a corrupting influence on the persons in relation to whom they are committed. Depraved actions can be expressed in cynical conversations on sexual topics in the presence of children, teenagers, or demonstration of pornographic products. Such actions also include physical indecent touching of teenagers, the perpetrator showing his genitals or exposing the victims at his suggestion, etc.

Committing sexual intercourse, sodomy or lesbianism without the use of violence with a person under the age of sixteen and puberty entails liability under Art. 134 of the Criminal Code of the Russian Federation. Forcible influence on a person under sixteen years of age for the purpose of using him for sexual acts, depending on the specific circumstances, is qualified under Art. Art. 131, 132 or 133 of the Criminal Code of the Russian Federation.

The crime specified in Art. 135 of the Criminal Code is considered completed from the moment of commission of any of the actions named therein. The corpus delicti is formal.

From the subjective side, depraved acts are committed only with direct intent. The perpetrator is aware that he is committing lewd acts against a person under sixteen years of age and desires their commission.

A special subject of a crime is a sane individual who has reached the age of eighteen.

All qualifying signs of depraved acts are similar to the qualifying signs of the crime provided for in Art. 134 of the Criminal Code of the Russian Federation (see commentary to this article).

Establishing punishment for depraved acts. The victims are minors. Let's take a closer look at Art. 135 of the Criminal Code of the Russian Federation.

Corpus delicti

Part one provides for punishment for a crime without the use of violence against 16-year-olds. A citizen who has reached 18 years of age is found guilty. In part two, punishment is established for acts committed against citizens 12-14 years old without the use of violence. Norm No. 135 of the Criminal Code of the Russian Federation considers indecent acts as a violation of the sexual integrity of the victims. In addition, the culprit encroaches on normal physical and mental condition minors.

Objective side

Early manifestation of interest in sexual activity, due to the influence of external factors, can lead to a violation in the formation of moral attitudes associated with sexual relations. As a result, victims develop a cynical perception of sexual intercourse. As a rule, victims of crimes established in the Criminal Code of the Russian Federation by Article 135 are persons who demonstrate promiscuity in their sexual life. They are easily influenced and drawn into prostitution. Such circumstances determine the commission of sexual crimes by such persons in the future. The optional subject is citizens who have not reached 16 years of age. In this case, the circumstances are aggravated by the infliction of harm to the health of the victim by the actions of the perpetrator. The damage is caused, in particular, by the insufficient development of the genital organs of the citizen against whom the crime is committed.

Signs of victims

They are of significant importance under the Criminal Code of the Russian Federation. Article 135, in particular, establishes the age of the victim as one of the main criteria. Thus, in part one, liability is provided for unlawful behavior in relation to persons who have reached the age of 14, but who have not yet turned 16 years old. In the second and fifth parts, the victims are citizens who are 12 but not yet fourteen years old. Article 135 of the Criminal Code of the Russian Federation, in parts 3 and 4, establishes liability for assault on persons both 12-14 and 14-16 years old. Classification of a crime according to age criteria is allowed only if the perpetrator admitted or knew for sure that the victim had not reached a certain age. Criminal case under Art. 135 of the Criminal Code of the Russian Federation cannot be started if the offense is committed against a citizen under 12 years of age. This is due to the fact that the legislation establishes that such a person, due to his age, is in a helpless state and cannot understand the meaning and nature of the acts that are committed against him. To qualify the act, it does not matter whether the victim has previous experience of sexual contact. The punishment does not affect the level of his knowledge about sexual relations.

Important point

When qualifying crimes under Article 135 of the Criminal Code of the Russian Federation, it is necessary to find out whether the minor victim was married to a person over 18 years of age. In accordance with the law, in order to bring the perpetrator to justice, the citizen against whom the attack was committed must not be married. The possibility of minors to marry persons over 18 years of age is allowed in a number of regional federal laws. Thus, in the Kaluga, Samara, Vladimir, Vologda, Rostov and Moscow regions, the age for registering relationships has been reduced to 14 years, in the Ryazan, Murmansk and Tver regions - to 15, in the Oryol and Novgorod regions, as well as in Bashkortostan, no restrictions have been established. If persons are married, one of whom has reached 16 and the other 18 years of age, then it is impossible to qualify the acts of an adult under Article 135 of the Criminal Code of the Russian Federation. In this case, they will not be considered a crime. This provision applies only to those actions committed after marriage. In this case, the spouse may be held accountable after marriage for assaults that occurred before the official registration of the relationship.

Subject

Article 135 of the Criminal Code of the Russian Federation considers the sane person to be guilty individual who has reached 18 years of age. The subject can only be a citizen who meets these requirements and was not married to the minor victim at the time of the crime. As legal scholars note, raising the age of responsibility is due to the fact that persons under 18 years of age cannot realize the social danger of having sexual intercourse with citizens under 16 years of age. An act that is not taken into account when qualifying is the commission of a crime by a parent or other person who is charged by law with the responsibility to educate minors and supervise them. Such citizens are, for example, teachers and other employees of educational, educational, medical and other institutions in which persons under 18 years of age reside.

Qualifying features

They are provided for in parts 3-4 of the article in question. Part three establishes liability for unlawful behavior in relation to two or more persons, having the characteristics described in parts 1 and 2. In part 4, the qualifying criteria include the commission of depraved acts by an organized group, several citizens by prior conspiracy. Part 5 provides for liability for violation of the sexual integrity of persons 12-16 years old by those guilty of criminal convictions for similar crimes.

Looking for an answer? Ask a question to the lawyers!

9987 lawyers are waiting for you Quick response!

Ask a Question

Hello!

Please write whether it is possible to bring to criminal responsibility the person guilty of committing a crime under Article 135 of the Criminal Code of the Russian Federation Depraved acts part 1:

1. Committing indecent acts without the use of violence by a person who has reached the age of eighteen against a person under the age of sixteen, which he committed in 2003?

Thank you in advance.

Lawyers' answers

Alexander(04/07/2014 at 20:06:50)

Dear Anonymous!

NO LONGER SINCE EXPIRED. This crime falls into the category of crimes of minor gravity according to Art. 15 of the Criminal Code of the Russian Federation. And the statute of limitations for bringing to criminal liability according to Art. 78 of the Criminal Code of the Russian Federation for this category of crimes is two years

Please pay your attention to the Criminal Code and the words I have highlighted.

Article 135. Depraved acts I

1. Committing depraved acts without the use of violence by a person who has reached the age of eighteen against a person under the age of sixteen,

shall be punished by compulsory labor for a term of up to four hundred and forty hours, or by restriction of liberty for a term of up to three years, or by forced labor for a term of up to five years, with or without holding certain positions or engaging in certain activities for a term of up to three years, or imprisonment for up to three years with or without deprivation of the right to hold certain positions or engage in certain activities for a period of up to ten years.

1. Depending on the nature and degree of public danger, the acts provided for by this Code are divided into crimes of minor gravity, crimes of medium gravity, serious crimes and especially serious crimes.

2. Crimes of minor gravity are recognized as intentional and careless acts, for the commission of which the maximum punishment provided for by this Code does not exceed three years of imprisonment.

3. Crimes of average gravity are recognized as intentional acts, for the commission of which the maximum penalty provided for by this Code does not exceed five years of imprisonment, and careless acts, for the commission of which the maximum penalty provided for by this Code exceeds three years of imprisonment.

Article 78. Exemption from criminal liability due to the expiration of the statute of limitations

1. A person is released from criminal liability if the following periods have expired from the date of commission of the crime:

a) two years after committing a crime of minor gravity;

b) six years after committing a crime of average gravity;

I hope for your positive feedback.

Isaeva Elena Vladimirovna(04/07/2014 at 20:06:59)

I'm preparing an answer

Mikhailovsky Yuri Iosifovich(04/07/2014 at 20:12:05)

Good evening! It is impossible to bring to criminal responsibility the person guilty of committing a crime under Article 135 of the Criminal Code of the Russian Federation, Depraved acts, part 1, which were committed in 2003 under current legislation due to the expiration. Article 78 of the Criminal Code Russian Federation. Exemption from criminal liability due to expiration of the statute of limitations 1. A person is released from criminal liability if the following periods have expired from the day the crime was committed: a) two years after the commission of a minor crime; b) six years after committing a crime of average gravity;;

d) fifteen years after the commission of a particularly serious crime. 2. The statute of limitations is calculated from the day the crime was committed until the court verdict enters into legal force. If a person commits a new crime, the statute of limitations for each crime is calculated independently.

3. The running of the statute of limitations is suspended if the person who committed the crime evades investigation or trial. In this case, the running of the limitation period is resumed from the moment of detention of the specified person or his surrender.

4. The issue of applying the statute of limitations to a person who has committed a crime punishable by death or life imprisonment is decided by the court. If the court does not consider it possible to release the specified person from criminal liability due to the expiration of the statute of limitations, then the death penalty and life imprisonment are not applied. Article 135 of the Criminal Code of the Russian Federation. Depraved acts 1. Committing depraved acts without the use of violence by a person who has reached the age of eighteen against a person under the age of sixteen is punishable by compulsory labor for a term of up to four hundred and forty hours, or by restriction of freedom for a term of up to three years, or by forced labor for a term of up to five years with deprivation of the right to hold certain positions or engage in certain activities for up to three years or without it, or imprisonment for up to three years with deprivation of the right to hold certain positions or engage in certain activities for up to ten years or without it. Maytakova Tatyana

(04/07/2014 at 20:32:37)

Hello. It is impossible to attract due to the expiration of the statute of limitations.

Kirsanov Sergey Ivanovich (04/09/2014 at 00:07:00) or in the amount or other income of the convicted person for a period of three to five months, or by restriction of liberty for a term of up to two years, or by imprisonment for a term of up to three years. http://www.consultant.ru/document/cons_doc_LAW_43266/?frame= 17#p1218

ConsultantPlus, 1992-2014

Thus, from the moment the law came into force on July 7, 2003, Article 135 had only one part and covered cases of indecent acts only with the participation of a victim who was known to be under 14 years of age. The previous edition since 1996 is the same. Therefore, if the specified incident occurred before December 2003 and the victim was more than 14 years old there was no such element in the actions of the perpetrator at all. The next edition of Article 135 with one wording and establishing the age of the victim at 16 years old was published on December 8, 2003 No. 162-FZ.

As for the statute of limitations for bringing to criminal responsibility, if we assume that a crime with a similar composition was nevertheless committed then, the victim appealed to the investigative authorities and a criminal case was initiated, it should be remembered that in accordance with Part 3 of Article 78 connection with the evasion of the guilty person from the investigation and trial, the running of the statute of limitations is suspended for an indefinite period of time and is resumed only from the moment of the arrest of the guilty person or his surrender. If the victim did not contact law enforcement agencies, then the crime most likely belongs to the category of latent (hidden) and once the statute of limitations has expired (for example, the same two years), it is no longer possible to prosecute the guilty person.

Non-interference in personal life, human sovereignty is a priority of the rule of law. Sexual integrity as a part of life is under special protection. Chapter 18 of the Criminal Code of the Russian Federation is devoted to this kind of crime, including rape (the most serious of this category), forced acts of an intimate nature, compulsion to such actions, copulation with teenagers under 16 years of age, and indecent acts. Article 135 of the Criminal Code of the Russian Federation regulates the last crime - the least serious of all listed.

The article 135 of the Criminal Code of the Russian Federation in question regulates the punishment for different kinds illegal dissolute behavior. The definition of the term “depraved acts” is not specified in the acts. According to Wikipedia, the concept of debauchery is identical to sexual unscrupulousness, lack of modesty, human immorality, and is contrary to moral standards.

Comments on the article:

1. Part one indicates the commission of a crime by a person over 18 years of age against a person under 16 years of age. But here possible punishment is provided not only in the form of deprivation, but also in the form of restriction of freedom. Another measure to correct the culprit is compulsory or forced labor. This punishment is milder than arrest. Mandatory work as a punishment is more often used in administrative practice. The Criminal Code of the Russian Federation, unlike the Code of Administrative Offences, provides for a larger number of hours. Within the framework of this article, correctional labor can last up to 440 hours, forced labor - up to 5 years.
2. In Art. 135 in part 2, according to the Criminal Code of the Russian Federation, illegal actions towards a person under 12 years of age are considered. A sanction of imprisonment from 3 to 8 years is already indicated here. Also, an additional punishment is deprivation of the right to engage in a special activity. labor activity, occupation of certain positions for a specified period. Often, even after possible release on parole, the guilty person cannot be allowed to engage in some type of activity. For example, teaching, conducting training, protecting schools, kindergartens, and colleges.
3. The implementation of these atrocities against more than two persons is of great gravity. This threatens with arrest for up to 12 years.
4. If the actions referred to in the previous paragraphs are committed by a group of persons by agreement or by a company gathered for criminal acts, then the sentence is increased to 15 years with the possibility of additional punishment.
5. According to the law, the last category is considered the most gross and dangerous - the crime described in Art. 135 part 5 of the Criminal Code of the Russian Federation, committed as a relapse, when there is a repeated crime against intimate integrity. The penalty here is loss of freedom from 10 to 15 years.

This article about depraved acts completes the chapter regulating criminal activities against intimate freedom and personal integrity. Punishment is determined by the severity of the offense in question and ranges from minor to extreme.

The elements of the crime provided for in Article 135 of the Criminal Code of the Russian Federation:

• the subject himself is the person who committed the offense. This may be a woman or a man over 16 years of age;
• object is a good that is protected by law. Here it is the immunity of children and adolescents under 14 years of age;
• the subjective side of the crime involves intentionality of actions, that is, the presence of direct intent in the crime. The main purpose of such a crime is to satisfy one’s passions through physical contact or deliberately engage in obscenity in front of the victim who has not reached the age of sixteen;
• With objective side– directly the process of immoral actions.

It is not necessary that there be physical contact between the perpetrator and the victim. The greatest harm here is caused to the moral state of the victim. Often these are minor citizens, and after such an event they need consultation with a psychologist. The consequences of such crimes may go beyond the usual understanding of damage - material or physical. A teenager or child may develop abnormal or early sexual desire or concern.

It is possible to corrupt the victim physically - this is contact with the genitals, stroking, palpating, taking appropriate poses. In terms of intellectual impact, this could be watching pornography (films, videos from the Internet, photographs), having conversations on sexual topics, reading such literature.

The crime provided for in this article is considered completed from the beginning of certain actions. It doesn't last in time.

Resolution of the Plenum of the Armed Forces of the Russian Federation dated December 4, 2014 No. 16 in Moscow on crimes in the sphere of sexual relations clarifies that a criminal act falls under Art. 135 subject to non-use of violence. Only citizens over 18 years of age are subject to punishment.

Also, the specified legal regulation excludes from the qualification of Art. 135 formal sexual intercourse, lesbianism, sodomy and other body contact. Coercion provides grounds for stricter qualifications.

According to the Russian Criminal Code, it is possible to be released from liability after the statute of limitations has expired: if 2 years have passed since the commission of a crime of minor gravity, 6 years of moderate crime, 10 years of serious crime, and more than 15 years of the most dangerous crime. An acquittal can be made by a judge in the absence of corpus delicti, that is, one of four conditions.

Examples of criminal practice

Unfortunately, there are many examples of such cases in judicial practice. The most unpleasant thing is that often criminals are individuals directly related by birth professional activity with children, teenagers, step-parents, closest friends and neighbors.

One of the courts of the Republic of Dagestan considered the case regarding citizen Gamkhatov I.D., who committed an offense enshrined in Art. 135 part 3 of the Criminal Code of the Russian Federation. Repeatedly he carried out depraved acts on the minor daughters of his partner and their friends. He regularly showed his genitals and showed pornographic films.

The elements of this crime were fully confirmed and the person was sentenced:

1. Arrest for 8 years in a general regime correctional colony.
2. Ban on the right to engage in teaching for a period of 10 years.

The city court of the Oktyabrsky district of Stavropol considered the criminal case of Petrosyan P.D., guilty of committing an offense under Part 1 of Art. 135 of the Criminal Code of the Russian Federation. The adult defendant regularly viewed and sent via social network to his 15-year-old neighbor, recognized as a victim, pornographic videos. Due to the slight gravity of the offense and the repentance of P. D. Petrosyan, the judge chose a preventive measure in the form of compulsory labor lasting 350 hours.

The greatest harm in this type of crime is caused to the moral state of the victim.

Legislatively, crimes affecting the intimate side of life are separated into a separate chapter. Depraved acts have distinctive qualities. The main thing is the absence of coercion and sexual intercourse. Even such contact between the criminal and the victim can have serious consequences for the psyche of the person affected. The main task of the state here is to protect the health and normal moral state of persons who have not reached puberty.

1. Committing depraved acts without the use of violence by a person who has reached the age of eighteen against a person who has not reached the age of sixteen -

shall be punishable by compulsory labor for a term of up to four hundred and forty hours, or by restriction of liberty for a term of up to three years, or by forced labor for a term of up to five years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years or without it, or by imprisonment for a term of up to three years. for a term of up to three years with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to ten years.

2. The same act committed against a person who has reached the age of twelve, but has not reached the age of fourteen, -

shall be punishable by imprisonment for a term of three to eight years with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to fifteen years and with or without restriction of freedom for a term of up to two years.

3. Acts provided for in parts one or two of this article, committed in relation to two or more persons, -

shall be punishable by imprisonment for a term of five to twelve years with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to twenty years.

4. Acts provided for in parts one, two or three of this article, committed by a group of persons by prior conspiracy or by an organized group, -

shall be punishable by imprisonment for a term of seven to fifteen years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to twenty years or without it and with restriction of freedom for a term of up to two years or without it.

5. An act provided for in part two of this article, committed by a person who has a criminal record for a previously committed crime against the sexual integrity of a minor, -

shall be punishable by imprisonment for a term of ten to fifteen years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to twenty years.

Commentary to Art. 135 of the Criminal Code of the Russian Federation

The object of the crime is sexual integrity, the normal physical and moral formation of a minor. Victims of this crime can be female or male persons who were under sixteen years of age at the time of engaging in sexual contact with adults (adults). For the existence of a crime, the degree of puberty of the victim (victim), the presence or absence of sexual experience does not matter. Also, the voluntary consent of the victim (victim) to commit indecent acts does not matter.

The objective side of the crime is the commission of various acts of a sexual nature aimed at satisfying the sexual passion of the perpetrator or awakening sexual desire (passion) in the victim. These actions, in their content and form of expression, have the ability to have a corrupting influence on the persons in relation to whom they are committed. Depraved actions can be expressed in cynical conversations on sexual topics in the presence of children, teenagers, or demonstration of pornographic products. Such actions also include physical indecent touching of teenagers, the perpetrator showing his genitals or exposing the victims at his suggestion, etc.

Committing sexual intercourse, sodomy or lesbianism without the use of violence with a person under the age of sixteen shall entail liability under Art. 134 of the Criminal Code of the Russian Federation. Forcible influence on a person under sixteen years of age for the purpose of using him for sexual acts, depending on the specific circumstances, is qualified under Art. Art. 131, 132 or 133 of the Criminal Code of the Russian Federation.

The crime specified in Art. 135 of the Criminal Code is considered completed from the moment of commission of any of the actions named therein. The corpus delicti is formal.

From the subjective side, depraved acts are committed only with direct intent. The perpetrator is aware that he is committing lewd acts against a person under sixteen years of age and desires their commission. As before, in relation to the corpus delicti provided for in Art. 134 of the Criminal Code of the Russian Federation, the indication in the law that the victim was not at least sixteen years old means that the guilty person reliably knew about his age.

A special subject of a crime is a sane individual who has reached the age of eighteen.

Judicial practice under Article 135 of the Criminal Code of the Russian Federation

Appeal ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated May 18, 2017 N 20-APU17-5

Gamzatov R.M., additionally interrogated on September 29, 2015 as an accused. admitted his guilt in committing indecent acts in 2006 against the daughter of his wife from his first marriage, G., who had not reached the age of sixteen by that time, i.e. of committing the crime imputed to him, provided for in Part 1 of Art. of the Criminal Code of the Russian Federation, and confirmed his testimony given above. Then, in the presence of defense attorney Dzakhbarov Yu.A. agreed to terminate the criminal case initiated at the request of the victim due to the expiration of the statute of limitations for criminal prosecution.

Grounds for a different legal assessment of the actions of the convicted person, exclusion of conviction under Art. , part 2 art. There is no Criminal Code of the Russian Federation.

The criminal case was investigated by the preliminary investigation authorities and examined by the court comprehensively and objectively, in accordance with the requirements of criminal procedural legislation in compliance with the principle of adversarialism and equality of the parties.

ARTICLE OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION,

THE CONVENTION OF THE COUNCIL OF EUROPE FOR THE PROTECTION OF CHILDREN AGAINST SEXUAL ABUSE

EXPLOITATION AND SEXUAL ABUSE, ORDINANCE

PLENATURE OF THE SUPREME COURT OF THE RUSSIAN FEDERATION "ON JUDICIAL

PRACTICE IN SEX CRIME CASES

SECOND ARTICLE OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION

The Constitutional Court of the Russian Federation, composed of Chairman V.D. Zorkin, judges K.V. Aranovsky, A.I. Boytsova, N.S. Bondar, G.A. Gadzhieva, Yu.M. Danilova, L.M. Zharkova, S.M. Kazantseva, S.D. Knyazeva, A.N. Kokotova, L.O. Krasavchikova, S.P. Mavrina, N.V. Melnikova, Yu.D. Rudkina, O.S. Khokhryakova, V.G. Yaroslavtseva,

ARTICLES OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION

The Constitutional Court of the Russian Federation, composed of Chairman V.D. Zorkin, judges A.I. Boytsova, G.A. Gadzhieva, Yu.M. Danilova, L.M. Zharkova, S.M. Kazantseva, S.D. Knyazeva, A.N. Kokotova, L.O. Krasavchikova, S.P. Mavrina, N.V. Melnikova, Yu.D. Rudkina, O.S. Khokhryakova, V.G. Yaroslavtseva,

1. By a court verdict, citizen M.P. Epik was convicted of committing crimes under paragraph "b" of part four of Article 132 (as amended) and part three of article (as amended Federal Law dated December 27, 2009 N 377-FZ) of the Criminal Code of the Russian Federation.

To the complaint of V.A. Kireev is enclosed with the judge's decision to extend the period of his detention and the minutes of the court hearing, following which this decision was made. These documents are not evidence of the application of part three of Article of the Criminal Code of the Russian Federation in the applicant’s case, the consideration of which was completed in court and resulted in the imposition of criminal punishment on him, and therefore his complaint cannot be recognized as admissible due to the requirements of the Federal Constitutional Law “On the Constitutional Court of the Russian Federation” .

2.1. Article of the Criminal Code of the Russian Federation (establishing in part one liability for the commission of depraved acts without the use of violence by a person who has reached the age of eighteen in relation to a person under sixteen years of age, and providing for increased liability in part three for the same acts committed in relation to two or more persons) is aimed at protecting the child from all forms of sexual seduction, at protecting the sexual integrity of persons under the established age, and cannot be regarded as containing uncertainty, as a result of which the person would be deprived of the opportunity to realize the wrongfulness of his actions and foresee the onset of responsibility for their commission (rulings of the Constitutional Court of the Russian Federation dated July 17, 2012 N 1468-O, dated May 21, 2015 N 1134-O, dated July 18, 2017 N 1549-O and dated July 17, 2018 N 1995-O).

by the decision of the Qualification Board of Judges of the Chelyabinsk Region dated April 4, 2018, left unchanged by the decision of the High Qualification Board of Judges of the Russian Federation dated November 28, 2018, consent was given to initiate a criminal case against the retired federal judge of the Korkinsky City Court of the Chelyabinsk Region Yugov Sergei Vitalievich signs of three crimes: a crime provided for in an article of the Criminal Code of the Russian Federation (as amended by Federal Laws of December 8, 2003 N 162-FZ, of July 21, 2004 N 73-FZ), a crime provided for in part 1 of an article of the Criminal Code of the Russian Federation (in as amended by Federal Law No. 14-FZ of February 29, 2012), as well as the crime provided for in Part 1 of Article of the Criminal Code of the Russian Federation (as amended by Federal Law No. 162-FZ of December 8, 2003).

Narzakulov Isomiddin Makhmudzhonovich, ... convicted by the verdict of November 17, 2011 under clauses “b”, “z”, part 2 of Art. (human trafficking) of the Criminal Code of the Republic of Uzbekistan to 5 years of imprisonment, on July 20, 2015, paroled from serving a sentence of 2 years 1 month 21 days, -

ARTICLES AND ARTICLES OF THE RUSSIAN CRIMINAL CODE

FEDERATION, AS WELL AS THE PROVISIONS OF FEDERAL LAW

"ON AMENDMENTS TO THE CRIMINAL CODE OF THE RUSSIAN

FEDERATION AND SEPARATE LEGISLATIVE ACTS OF THE RUSSIAN