Current state and prospects for the development of the system of criminal law protection of sexual freedom and sexual integrity of the individual in Ukraine
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The article examines issues of punishment and other means of criminal law protection of sexual freedom and sexual integrity of individuals in Ukraine, in particular with regard to ordinary offences. The author focuses on the general concept of criminal law response to sexual offenses, analyzing not only the formal definition of crimes, but also the effectiveness of sanctions in real practice. Attention is drawn to systemic shortcomings in the criminalization of such acts in the Criminal Code of Ukraine, revealing inconsistencies in sanctions between different articles and violations of the principles of proportionality and logic of criminal law policy. The author emphasizes that current legislative decisions do not always correlate with the level of public danger of such offenses and do not form an effective preventive mechanism. Particular attention is paid to a critical analysis of the composition of such acts as solicitation of a child for sexual purposes (Article 156-1 of the Criminal Code), coercion into sexual intercourse (Article 154 of the Criminal Code), and distribution of child pornography (Article 301-1 of the Criminal Code), since, in the author's opinion, these articles contain the most problems in terms of both classification and justification of sanctions. The need to review penalties in order to ensure their adequacy, consistency, and ability to prevent recidivism is justified. The importance of restoring the balance between the punitive component and the application of alternative measures of a criminal law nature is emphasized. A separate section of the study is devoted to the legal nature of probation, which the author proposes to consider not as a punishment, but as an independent measure of a criminal law nature. The article also reveals other means of criminal law protection, in particular measures against legal entities, restrictive and coercive measures of a medical nature, and special confiscation. The article provides scientific justification for the proposal to introduce compulsory chemical castration as a medical measure for persons diagnosed with pedophilia, but not as a form of punishment, taking into account international experience and the principle of respect for human rights. The work contains specific and reasoned proposals for improving the current legislation in the field of combating sexual crimes.
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