Article 153. Forced satisfaction of sexual passion in perverted forms
1. Satisfaction of sexual passion in perverted
forms with the use of physical violence, threats thereof
using or taking advantage of the helpless state of the victim, is punishable by imprisonment for up to five years.
persons, or a person who has previously committed any of the crimes provided for in Articles 152 or 154 of this Code, as well as committed against
minor or minor, is punishable by imprisonment for a term of three to
3. The same act committed against a minor or minor, if it resulted in especially grave
consequences, punishable by imprisonment for a term of eight
up to twelve years old.
1. From the objective side, this crime is characterized by the commission of a man with a woman or a man with a man (woman with a woman) of orogenital or anogenital contact with the use of physical violence, threats or taking advantage of the helpless state of the victim. Sexual activities
of a different nature using the specified methods when
the presence of all signs of hooliganism may be classified as hooliganism.
The victim of this crime may be
a person of both female and male gender is recognized.
The concept of physical violence, threat or exploitation of the helpless state of the victim (victim)
similar to these concepts in rape.
The crime is considered completed from the moment of the beginning of orogenital or anogenital contact.
2. The subjective side of the crime is characterized by direct intent - the person is aware of what he is committing
the specified actions with the victim (victim) using physical violence, threats or using the helpless state of the specified person and wishes
3. The subject of the crime is a male (female) person
gender who have reached the age of 14.
4. Part 2 of this article provides for liability for committing a similar crime repeatedly,
group of persons, or in relation to a minor or
On committing such a crime again, see comments to Art. 155.
For the commission of such a crime by a group of persons, see the comments to Art. 155.
Minors should be understood as male or female persons between the ages of 14 and 18 years.
5. Part 3 of this article provides for liability for committing such actions in relation to
minors, if they caused serious consequences.
Underage minors should be understood as female or
male under the age of 14 years.
About the concept of “particularly grave consequences” - see the commentary to Art. 155.
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What does judicial practice show under the article?
The practice under the article is not so common, because it is rarely possible to identify the perpetrator. The difficulty is due to the fact that it is not known who did this - a nurse, a doctor or other parents in the maternity hospital. Therefore, cases often remain unclear. There are often situations when parents do not know at all that this is not their child, but they raise him as they should.
Examples of cases:
- Citizen L. gave birth to a boy. She was sure of this, since the nurse had clearly told her her sex at birth. Unfortunately, due to the anesthesia, L. did not remember what he looked like. In the morning they brought her a girl and told her that this was her child. L. tried to protest, but she was told that she had heard that she had given birth to a boy. L. contacted the police to investigate. It turned out that the child had indeed been replaced with another. The attacker turned out to be the head physician, who was offered a large sum for a replacement. As a result, he was deprived of his position and imprisoned for 5 years.
- Citizen G. worked in a maternity hospital as a nurse. At night, he saw a nurse replacing one child with another. He pointed this out to her and she started to run. G. caught up with her and forced her to confess to what she had done. She confessed and came to the police to confess. There they began to investigate the case, which turned out to be more than one - the nurse had 5 substitute children on her account. She replaced all of them out of self-interest - her parents paid her money. As a result, the nurse was imprisoned for 7 years and fined. The children returned to their parents safe and sound.
- Citizen V. went for a walk with the child, left him in the stroller while he went to the store, and after returning he saw that his son was wearing a different overall. He panicked and decided that the child had been replaced. This was found out after a genetic examination. They began to look for the attacker, but nothing happened. Only 5 years later he was accidentally discovered. Since the statute of limitations for the crime had not expired, he was sentenced to 10 years in prison.
What decisions are made under Article 153?
More often, the article makes guilty decisions, since the crime is serious and dangerous for society as a whole. In 2021, not a single case was prosecuted under this article.
What are aggravating and mitigating circumstances?
The punishment may be aggravated by circumstances indicating that a group of people are working in conspiracy. Also, the sentence is increased if officials are involved in the crime. Then they will definitely be removed from their positions. The circumstances of the case can be mitigated if it is proven that the person was forced to do this under threat of death, if he confessed to his crime and helped the investigation finish the case, and compensated the damage to the affected family.
Commentary to Art. 154 of the Criminal Code of the Russian Federation
1. The object of the crime provided for in the commented article is the interests of the family, parents and children, the procedure for adoption established by law. According to Art. 21 of the UN Convention on the Rights of the Child of 20 November 1989, States Parties ensure that the adoption of a child is authorized only by competent authorities in accordance with applicable laws and established procedures. The Family Code of the Russian Federation determines the grounds and procedure for the adoption of children, the establishment of guardianship or trusteeship, and the transfer of a child to a foster family.
2. The objective side of the crime is the commission of illegal actions to adopt children, transfer them to guardianship (trusteeship), to be raised in foster families, committed repeatedly or for selfish reasons.
Thus, the disposition of the commented article is blanket and establishes criminal liability in case of violation of the norms of the Insurance Code, the Civil Code, and the provisions of other federal laws, for example, the Federal Law of April 24, 2008 N 48-FZ “On Guardianship and Trusteeship” (as amended on July 1, 2008. 2011), as well as other regulations, for example, Resolution of the Government of the Russian Federation dated March 29, 2000 N 275 “On approval of the Rules for the transfer of children for adoption and monitoring the conditions of their life and upbringing in adoptive families on the territory of the Russian Federation and the Rules for placement for registration by consular offices of the Russian Federation of children who are citizens of the Russian Federation and adopted by foreign citizens or stateless persons" (as amended on May 12, 2012). Resolution of the Plenum of the Armed Forces of the Russian Federation dated April 20, 2006 N 8 deals with issues of adoption. ——————————— NW RF. 2008. N 17. Art. 1755; 2009. N 29. Art. 3615; 2011. N 27. Art. 3880.
NW RF. 2000. N 15. Art. 1590; 2002. N 15. Art. 1434; 2005. N 11. Art. 950; 2006. N 16. Art. 1748; 2012. N 19. Art. 2416; N 21. Art. 2644.
For example, illegal actions can be expressed in the preparation of documents for the adoption of children by persons recognized by the court as incompetent or partially capable, persons deprived of parental rights by the court or limited by the court in parental rights, persons removed from the duties of a guardian (trustee) for improper performance the duties assigned to him by law; registration of documents for children whose parents have not given consent to adoption by others; execution of documents without the consent of a child over 10 years of age; registration of documents for the adoption of a child by foreign citizens or stateless persons, without mandatory verification of the possibility of adoption of the child by his relatives or families of citizens of the Russian Federation. The law also prohibits intermediary activities in the adoption of children, i.e. any activity of other persons for the purpose of selecting and transferring children for adoption on behalf of and in the interests of persons wishing to adopt children.
Mandatory (alternative) signs of a crime are the commission of these actions repeatedly or for selfish reasons. In the absence of selfish motives and signs of repetition, liability for illegal actions of adopting a child, placing him under guardianship (trusteeship) or to a foster family is provided for in Art. 5.37 Code of Administrative Offences.
3. Repeated activity means performing the specified actions at least twice. Selfish motives are understood as a person’s desire to receive material benefit (monetary or other material reward - a valuable gift, an expensive service) from illegal adoption, establishment of guardianship and trusteeship.
4. The crime is considered completed from the moment the actions specified in the disposition of the article are performed.
5. The subjective side is characterized by direct intent. The person is aware that he is committing illegal acts of adoption or placement under guardianship (trusteeship) or foster families, and wishes to commit these acts.
6. The subject of the crime is common. At the same time, as a rule, these criminal acts are committed by persons who are entrusted with the responsibility for drawing up official documents for adoption, establishing guardianship, trusteeship, and transferring a minor to a foster family (employees of orphanages, boarding schools, medical institutions, educational authorities etc.).
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Federal Law No. 153-FZ dated May 26, 2021
RUSSIAN FEDERATION
THE FEDERAL LAW
On amendments to certain legislative acts of the Russian Federation
Adopted by the State Duma on May 18, 2021
Approved by the Federation Council on May 19, 2021
Article 1
Clause 2 of Article 32 of the Law of the Russian Federation of April 19, 1991 No. 1032-I “On Employment of the Population in the Russian Federation” (as amended by the Federal Law of April 20, 1996 No. 36-FZ) (Gazette of the Congress of People's Deputies of the RSFSR and the Supreme Council of the RSFSR, 1991, No. 18, Article 565; Collection of Legislation of the Russian Federation, 1996, No. 17, Article 1915; 2003, No. 2, Article 160; 2009, No. 30, Article 3739; No. 52, Article 6443; 2011, No. 49, Art. 7039; 2014, No. 30, Art. 4217; 2021, No. 41, Art. 6190) shall be stated as follows:
"2. At the proposal of the employment service authorities, in the absence of employment opportunities, unemployed citizens who have not reached the age entitling them to an old-age insurance pension and who have an insurance period of at least 25 and 20 years for men and women, respectively, or who have the specified insurance period and the required work experience in relevant types of work, giving the right to early assignment of an old-age insurance pension in accordance with Federal Law of December 28, 2013 No. 400-FZ “On Insurance Pensions”, dismissed due to the liquidation of the organization or termination of activities by an individual entrepreneur, reduction in headcount or staff employees of an organization or an individual entrepreneur, with their consent, may be assigned a pension for the period until the age entitling them to an old-age insurance pension, including one assigned early, but not earlier than two years before the corresponding age.
If an unemployed citizen agrees with the assignment of a pension provided for in this paragraph, the employment service body, no later than one working day following the day of receipt of such consent of the unemployed citizen, sends to the body providing pensions at the citizen’s place of residence a proposal from the employment service authority for the early assignment of a pension to an unemployed citizen, in which the unemployed citizen confirms his consent to the early assignment of a pension and indicates the method of delivery of this pension. A proposal from the employment service body to grant an early pension to an unemployed citizen is sent using the interdepartmental electronic interaction system, either in the form of an electronic document or on paper on the basis of an agreement concluded between the body providing pensions and the employment service body. Informing an unemployed citizen about sending a proposal for the early assignment of a pension to the body providing pensions is carried out in the manner prescribed by the rules, in accordance with which employment service bodies make social payments to citizens recognized as unemployed in the prescribed manner, and issuing proposals for the early assignment of a pension to such citizens approved by the federal executive body authorized by the Government of the Russian Federation.
The pension provided for in this paragraph is assigned from the day the employment service body issues a proposal for the early assignment of a pension to an unemployed citizen without requiring an application from him for a pension.
The pension provided for by this paragraph is assigned in accordance with a procedure similar to the procedure for assigning an old-age insurance pension, and on the conditions provided for by Federal Law No. 400-FZ of December 28, 2013 “On Insurance Pensions,” unless otherwise provided by this Law.
Upon reaching the age that gives the right to an old-age insurance pension, including one assigned early, a person receiving a pension assigned in accordance with this paragraph, subject to the conditions for the appointment of an old-age insurance pension, including one assigned early, provided for by Federal Law dated 28 December 2013 No. 400-FZ “On Insurance Pensions”, an old-age insurance pension is assigned without requiring an application for an old-age insurance pension from him on the basis of data available to the body providing pensions.
In addition to the pension assigned in accordance with this paragraph, a long-service pension may be established in accordance with Article 7 of the Federal Law of December 15, 2001 No. 166-FZ “On State Pension Provision in the Russian Federation.”
Article 2
Introduce into the Federal Law of April 1, 1996 No. 27-FZ “On individual (personalized) accounting in the compulsory pension insurance system” (Collected Legislation of the Russian Federation, 1996, No. 14, Art. 1401; 2001, No. 44, Art. 4149; 2003, No. 1, Art. 13; 2005, No. 19, Art. 1755; 2007, No. 30, Art. 3754; 2008, No. 18, Art. 1942; No. 30, Art. 3616; 2009, No. 30, Art. 3739; No. 52, Art. 6417, 6454; 2010, No. 31, Art. 4196; No. 49, Art. 6409; No. 50, Art. 6597; 2011, No. 49, Art. 7037, 7057; 2012, No. 50, Art. 6965; 2013, No. 52, Art. 6986; 2014, No. 30, Art. 4217; No. 45, Art. 6155; No. 49, Art. 6915; 2021, No. 1, Art. 5; No. 18, Art. 2512; No. 27, Art. 4183; 2021, No. 31, Art. 4857, 4858; 2021, No. 14, Art. 1461; No. 51, Art. 7488; 2021, No. 17, Art. 2714; 2021, No. 9, Article 1477) the following changes:
1) paragraph seventeen of paragraph 2 of Article 11 should be stated as follows:
“The information specified in this paragraph about the insured person who has submitted an application for the establishment of an insurance pension, funded pension, urgent pension payment or lump-sum payment of pension savings, the policyholder submits within three calendar days from the date the policyholder receives a request from the Pension Fund of the Russian Federation or an appeal the insured person to the policyholder in the manner prescribed by Article 8 of this Federal Law.”;
2) paragraph 1 of Article 12 shall be supplemented with the following paragraph:
“If the bodies of the Pension Fund of the Russian Federation have at their disposal the information necessary to confirm the periods specified in paragraph one of this paragraph, including those received through interdepartmental information interaction, as well as from federal state information systems, the bodies of the Pension Fund of the Russian Federation make a decision to include such periods to individual personal accounts of registered persons without an application from the registered person provided for in paragraph three of part one of Article 16 of this Federal Law.”;
3) paragraph three of part one of Article 16, after the words “paying insurance premiums on their own,” shall be supplemented with the words “when the pension legislation of the Russian Federation changes, when the body of the Pension Fund of the Russian Federation receives information that is not subject to submission (adjustment) by policyholders, including individuals who pay their own insurance premiums."
Article 3
Introduce into Article 121 of the Federal Law of July 17, 1999 No. 178-FZ “On State Social Assistance” (Collected Legislation of the Russian Federation, 1999, No. 29, Art. 3699; 2009, No. 30, Art. 3739; No. 52, Art. 6417; 2014, No. 11, Art. 1098; No. 30, Art. 4217; 2021, No. 52, Art. 7502, 7503; 2021, No. 27, Art. 3951; 2021, No. 1, Art. 4; No. 53, Art. 8462; 2021, No. 14, Art. 1462; No. 40, Art. 5488; No. 49, Art. 6971; 2021, No. 1, Art. 12) the following changes:
1) part 6 is declared invalid;
2) part 7 should be stated as follows:
"7. The social supplement to the pension provided for by this article is established without application from the day on which the corresponding pension is assigned, but in all cases not earlier than from the day the right to the specified social supplement arises. At the same time, in order to determine the monetary equivalents of social support measures and monetary compensation listed in Part 3 of this article, in order to calculate the total amount of financial support for a pensioner, the submission of documents is not required. The body that carries out the social supplement to the pension, within five working days from the date of the decision to establish the social supplement to the pension, notifies the pensioner about the establishment of the specified payment.”;
3) in part 11, the words “Rules for applying for a federal social supplement to a pension, its establishment and payment” should be replaced with the words “Rules for the implementation of a federal social supplement to a pension”;
4) part 13 should be stated as follows:
"13. The authorized executive body of a constituent entity of the Russian Federation is obliged to notify the relevant territorial bodies of the Pension Fund of the Russian Federation about changes made in the amounts of cash payments provided for in paragraph 4 of part 2 of this article, and about changes made in the cash equivalents of social support measures, cash compensation listed in part 3 of this article , and the territorial bodies of the Pension Fund of the Russian Federation are obliged to notify the relevant authorized executive authorities of the constituent entity of the Russian Federation about the fact of establishing a pension for a citizen, the amount of which is lower than the subsistence minimum for a pensioner established in the constituent entity of the Russian Federation, as well as about changes made in the amount of cash payments listed in paragraphs 1, 11, 2 and 3 of part 2 of this article, no later than five days from the day from which the corresponding changes occurred. Territorial bodies of the Pension Fund of the Russian Federation are obliged to notify the relevant authorized executive authorities of the constituent entity of the Russian Federation on a monthly basis about the fact of the implementation (termination) of work and (or) other activities by pensioners, during which the citizen is subject to compulsory pension insurance in accordance with the Federal Law “On Compulsory Pension Insurance” In Russian federation". Authorized bodies of federal state bodies providing pensions in accordance with the Law of the Russian Federation “On pension provision for persons who served in military service, service in internal affairs bodies, the State Fire Service, authorities for control of the circulation of narcotic drugs and psychotropic substances, institutions and criminal authorities - the executive system, the troops of the National Guard of the Russian Federation, the enforcement authorities of the Russian Federation, and their families,” are obliged to notify the relevant territorial bodies of the Pension Fund of the Russian Federation about the fact of establishing a pension for a citizen, the amount of which is lower than the minimum subsistence level for a pensioner established in a constituent entity of the Russian Federation, as well as about changes made in the amounts of monetary payments listed in paragraphs 1, 2 and 3 of part 2 of this article, no later than five days from the day from which the corresponding changes occurred.”;
5) in part 16 the words “applying for it” should be replaced with the words “implementing it”.
Article 4
Introduce into the Federal Law of December 15, 2001 No. 166-FZ “On State Pension Provision in the Russian Federation” (Collected Legislation of the Russian Federation, 2001, No. 51, Art. 4831; 2006, No. 48, Art. 4946; No. 52, Art. 5505; 2008, No. 30, Art. 3612; 2009, No. 29, Art. 3624; No. 30, Art. 3739; 2010, No. 26, Art. 3247; No. 31, Art. 4196; 2014, No. 30, Art. 4217; 2021, No. 30, Art. 4442; 2021, No. 41, Art. 6190; No. 53, Art. 8462; 2021, No. 40, Art. 5488; 2021, No. 52, Art. 8577) the following changes:
1) in article 3:
a) add paragraph 21 with the following content:
"21. Citizens recognized as disabled and entitled to a disability insurance pension and a social disability pension, when assigned a pension without requesting an application for a disability pension, are assigned a disability insurance pension if the amount of the disability insurance pension is a fixed payment to the disability insurance pension. disability (taking into account the increase in the fixed payment to the disability insurance pension), determined on the basis of data available to the body providing pensions, including information about disability contained in the federal register of disabled people, exceeds the amount of the social disability pension.”;
b) in paragraph 9, the words “or documents received from federal medical and social examination institutions” should be deleted;
2) paragraph one of paragraph 1 of Article 22 should be stated as follows:
"1. The establishment of a pension is carried out at the request of a citizen, with the exception of a social disability pension, as well as a social old-age pension for citizens who have reached the age of 70 and 65 years (men and women, respectively) (taking into account the provisions provided for in Appendix 1 to this Federal Law) and who were recipients disability insurance pension, the payment of which was stopped due to reaching the specified age (clause 2 of part 10 of article 22 of the Federal Law “On Insurance Pensions”). For these citizens, the appropriate social pension is established without requiring them to apply for a social pension on the basis of data available to the body providing pensions, including information contained in the federal register of disabled people. In this case, the body providing pensions, within three working days from the date of the decision to assign a social pension, notifies the citizen of the assignment of a social disability pension or a social old-age pension. If there are no conditions necessary for assigning a social disability pension to a person recognized as disabled, the body providing pensions, within five working days from the date of receipt at the disposal of this body from the Federal Register of Disabled Persons of information on the recognition of a person as disabled, notifies this person about the conditions necessary for the assignment of a social disability pension.”;
3) in article 23:
a) paragraph 1 should be stated as follows:
"1. The pension provided for by this Federal Law, regardless of its type, is assigned from the 1st day of the month in which the citizen applied for it, but not earlier than from the date the right to it arises, with the exception of cases of establishing a social disability pension, as well as a social pension for old age to citizens who have reached the age of 70 and 65 years (men and women, respectively) (taking into account the provisions provided for in Appendix 1 to this Federal Law) who were recipients of a disability insurance pension, the payment of which was stopped due to reaching the specified age (clause 2 Part 10 of Article 22 of the Federal Law “On Insurance Pensions”). These citizens are assigned a social disability pension from the day they are recognized as a disabled child, the corresponding disability group is established, and in case of absence by citizens who have been disabled since childhood, who were previously recipients of a social disability pension provided for disabled children, the payment of which was stopped due to upon reaching the age of 18 years, the period for re-examination for good reason, determined by the federal institution of medical and social examination, and the establishment of disability by the said institution for the past - from the day from which the disability was established for the past, and for citizens who have reached the ages of 70 and 65 years ( men and women, respectively) (subject to the provisions provided for in Appendix 1 to this Federal Law), the old-age social pension is assigned from the day they reach the age of 70 and 65 years (men and women, respectively) (subject to the provisions provided for in Appendix 1 to this Federal Law ).";
b) in paragraph 21 the words “or documents received from federal medical and social examination institutions” should be deleted;
c) add paragraph 22 with the following content:
"22. Recalculation of the amount of long service pension and disability pension established for citizens from among the cosmonauts in connection with the establishment of disability group I or the pensioner reaching the age of 80 years is carried out from the date the federal institution of medical and social examination establishes disability group I or the pensioner reaches the specified age without claiming from him an application for recalculation of the pension amount based on the data available to the body providing pensions, including information contained in the federal register of disabled people.”;
4) Chapter V should be supplemented with Article 252 as follows:
“Article 252. Ensuring that citizens are informed in cases provided for by this Federal Law
Notification of a citizen about the assignment of a social old-age pension, a social disability pension, provided for in paragraph 1 of Article 22 of this Federal Law, notification of a citizen about the conditions necessary for the assignment of a social disability pension, provided for in paragraph 1 of Article 22 of this Federal Law, are carried out by the body implementing the pension security, in the manner determined by the Pension Fund of the Russian Federation.”
Article 5
Federal Law of November 30, 2011 No. 360-FZ “On the procedure for financing payments from pension savings” (Collected Legislation of the Russian Federation, 2011, No. 49, Art. 7038) shall be supplemented with Article 21 as follows:
“Article 21. Informing insured persons about the amounts of pension savings accounted for in a special part of the individual personal account, and the rights to payments from pension savings
1. The Pension Fund of the Russian Federation ensures that insured persons forming pension savings in the Pension Fund of the Russian Federation are informed about the amounts of the insured person’s pension savings accounted for in a special part of the individual personal account, and the rights to payments from pension savings.
2. The Pension Fund of the Russian Federation informs about the amounts of pension savings of the insured person, recorded in a special part of the individual personal account, and the rights to payments from the pension savings of insured persons who have reached the age of 45 and 40 years (men and women, respectively), not who are recipients of payments from pension savings.
3. Information about the amounts of pension savings of the insured person, recorded in a special part of the individual personal account, and the rights to payments from pension savings is carried out once every three years, starting from the year the insured person reaches the age of 45 and 40 years (men and women, respectively ) until December 31 of the corresponding year through the personal account of the insured person in the federal state information system “Unified portal of state and municipal services (functions)” (hereinafter referred to as the unified portal of state and municipal services) subject to registration of the insured person in the unified identification and authentication system.
4. Insured persons specified in part 2 of this article, who are not registered in the unified identification and authentication system, upon their requests, have the right to receive from the bodies of the Pension Fund of the Russian Federation information about the amounts of pension savings of the insured person, recorded in a special part of the individual personal account, and rights to payments from pension savings.
5. The information sent to the insured person about the amounts of pension savings of the insured person, recorded in a special part of the individual personal account, and the rights to payments from pension savings shall include the following data as of the date of notification:
1) last name, first name, patronymic (if available);
2) date of birth;
3) individual insurance number
Commentary on Article 153 of the Criminal Code of the Russian Federation
Commentary edited by A.V. Brilliantova
The object of this crime is the family structure, the interests of the family.
From the objective side, the crime consists of replacing one child with another without the consent of at least the parents of one of the children being replaced. A crime is possible not only in the form of replacing someone else’s child with another stranger, but also someone else’s child with one’s own or one’s with someone else’s child.
The Federal Law “On Basic Guarantees of the Rights of the Child in the Russian Federation” defines the concept of “child” as “a person until he reaches the age of 18 years (the age of majority).”
However, from the point of view of the article under consideration, clarification is necessary.
As a rule, child replacement is possible only for infants, usually newborns. This situation is possible when the child has not yet shown clearly individually defined signs or the parents have not yet had time to realize them. The location of the crime does not matter. Usually it is a maternity hospital or other children's institution, but it can also be a street if a child, say, is left in a stroller on the street. A situation is possible when, after some possibly tragic events, a child older than infancy is transferred to relatives who cannot identify the child being transferred. In any case, neither the age nor the place of commission is legally defined.
The corpus delicti is formal. The crime is considered completed after the actual replacement of the child has been committed.
From the subjective side, actions to replace a child are considered criminal if they are committed with direct intent. A mandatory element of the crime in question is selfish or other base motives. Selfish motives are considered to be those aimed at obtaining material benefits from persons interested in substitution (for example, receiving a reward) or getting rid of material costs (for example, in the case of the birth of a physically disabled child).
In theory and practice, hooliganism, revenge, envy, etc. are considered base motives. Only if there is such motivation is the act criminally punishable. However, if the substitution of a child was committed, for example, out of a feeling of compassion, then there is no corpus delicti.
If the substitution is accompanied by the subsequent presentation of claims of a property nature as a condition for the return of the child, then under appropriate conditions the act may be qualified in conjunction with Art. 163 of the Criminal Code of the Russian Federation
Taking into account the above-mentioned motives for the crime, we can conclude that if the replacement is carried out by mutual consent of the parents of both children (for example, if they want to have a child of the opposite sex), there is no element of child replacement. Also, raising an abandoned child does not constitute a crime. True, it should be noted that there is no complete unanimity on the last issue among scientists and practitioners.
When the substitution of a child was preceded by his abduction, the act must be qualified as a set of crimes under paragraph “e” of Part 2 of Art. 126 and art. 153 of the Criminal Code of the Russian Federation
If the child is not replaced, but taken away from the parents (for example, by declaring him dead at birth, and then handed over to the interested party), then such actions are considered as kidnapping (Article 126 of the Criminal Code of the Russian Federation).
The general subject of the crime is a sane person who has reached the age of sixteen. When a child is replaced by an official (for example, the head of a maternity hospital), the act must be qualified in conjunction with the article on official crime.
When replacing a child in a maternity hospital due to negligence, the perpetrators, if there are grounds and meet the requirements of the official, may be held liable for negligence (Article 293 of the Criminal Code of the Russian Federation) or subject to disciplinary liability
Features of replacing a rest day?
In relation to transferring a day off to another day, you need to keep the following in mind:
- Such a replacement is not possible for employees signed under a short-term employment contract (Article 290 of the Labor Code of the Russian Federation), and may not apply to representatives of creative professions, athletes or coaches (Articles 113 and 348.1 of the Labor Code of the Russian Federation).
- Even if an incomplete daily workload is worked on a weekend, a whole day of rest is provided in return for this day ( Article 153 of the Labor Code of the Russian Federation).
- Regardless of which month (current or one of the following) the rescheduled day off is taken, payment for this month must be in full (letter of Rostrud dated 02/18/2013 No. PG/992-6-1), since the amount of the working time standard is a day off does not affect. In this regard, the day off postponed to another month will actually be paid.
