ON THE SHORTCOMINGS OF NORM DESIGNS, PROVIDED FOR IN ARTICLES 2401 AND 241 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION

Abstract

The article is devoted to the study of the construction of norms provided for in Articles 240.1 and 241of the Criminal Code of the Russian Federation for the purpose of compliance with the rules of legislativetechnology, which would make it possible to consolidate crime-forming characteristics in a way that ensurestheir uniform interpretation. A number of complaints about the designs of the studied compositions wererevealed. There is uncertainty in the reflection of signs of the age of the victim, which excludes the possibilityof a uniform interpretation in practice. Criticism is given to the legislator's use of plural constructions forsome characteristics. The establishment of the minimum threshold for a minor victim at sixteen years isidentified as an omission of the legislator and the need to establish criminal liability for receiving sexualservices of minors at a younger age in parts 2 and 3 of the studied norm is justified. The lack of a definitionof the concept of «prostitution» in the criminal law, which is used in the construction of a number of norms,has been criticized. The author, relying on the provisions of Art. 5 of the Criminal Code of the RussianFederation, came to the conclusion that the absence of an indication of knowledge about the age of minorsis not a defect in legislative technology.