TY - JOUR

T1 - Статья 106 Уголовного кодекса Российской Федерации: противоречие российским традиционным семейным ценностям

AU - Иванова, Евгения Владимировна

PY - 2025/10/18

Y1 - 2025/10/18

N2 - Having many children, motherhood, childhood, strong family are traditional family values in the Russian Federation, which must be protected by Criminal Law. Meanwhile, there are pro-visions in the Criminal Code of the Russian Federation that conflict with family values. Article 106 of the Criminal Code of the Russian Federation, which establishes the criminal liability for an infanticide, in the current version raises doubts that it properly ensures the legitimate interests of society and individuals. The composition of Article 106 of the Criminal Code of the Russian Federation was studied for compliance with traditional family values. The composition is privileged, which is due to the assumption that the subject of the crime is in a specific psychological and physiological state during childbirth and after childbirth. Article 106 of the Criminal Code of the Russian Federation actually contains four independent elements of a crime, only two of which are related to the psychological state of a woman who gave birth to a child, that is, they contain those conditions on the basis of which the doctrine proposes to consider this composition as privileged. The two compositions are related exclusively to the time of the crime. Taking into account this circumstance, in order to achieve the goal of the work, a criminological study of the identity of the perpetrators of the crime was conducted in order to establish their age, level of education, presence or absence of work activity. Based on the materials of judicial practice, the conditions in which crimes were committed and the motives that guided the persons were studied. It was concluded that in the current version of Article 106 of the Criminal Code of the Russian Federation does not fully comply with Russian traditional family values, since it establishes unjustified privileges for persons committed an infanticide with premeditated intent.

AB - Having many children, motherhood, childhood, strong family are traditional family values in the Russian Federation, which must be protected by Criminal Law. Meanwhile, there are pro-visions in the Criminal Code of the Russian Federation that conflict with family values. Article 106 of the Criminal Code of the Russian Federation, which establishes the criminal liability for an infanticide, in the current version raises doubts that it properly ensures the legitimate interests of society and individuals. The composition of Article 106 of the Criminal Code of the Russian Federation was studied for compliance with traditional family values. The composition is privileged, which is due to the assumption that the subject of the crime is in a specific psychological and physiological state during childbirth and after childbirth. Article 106 of the Criminal Code of the Russian Federation actually contains four independent elements of a crime, only two of which are related to the psychological state of a woman who gave birth to a child, that is, they contain those conditions on the basis of which the doctrine proposes to consider this composition as privileged. The two compositions are related exclusively to the time of the crime. Taking into account this circumstance, in order to achieve the goal of the work, a criminological study of the identity of the perpetrators of the crime was conducted in order to establish their age, level of education, presence or absence of work activity. Based on the materials of judicial practice, the conditions in which crimes were committed and the motives that guided the persons were studied. It was concluded that in the current version of Article 106 of the Criminal Code of the Russian Federation does not fully comply with Russian traditional family values, since it establishes unjustified privileges for persons committed an infanticide with premeditated intent.

KW - childbirth

KW - family values

KW - infanticide

KW - murder of a child

KW - psychological state

KW - traditional values

UR - https://www.mendeley.com/catalogue/b394ff83-9a2b-3c1c-beed-67fe88268938/

U2 - 10.21638/spbu14.2025.302

DO - 10.21638/spbu14.2025.302

M3 - статья

VL - 16

SP - 608

EP - 627

JO - ВЕСТНИК САНКТ-ПЕТЕРБУРГСКОГО УНИВЕРСИТЕТА. ПРАВО

JF - ВЕСТНИК САНКТ-ПЕТЕРБУРГСКОГО УНИВЕРСИТЕТА. ПРАВО

SN - 2074-1243

IS - 3

ER -