Problems of doctrinial assessment of objective signs of disclosure of the secret of adoption
The purpose of this study is a systematic criminal law study at the doctrinal level of objective signs of disclosure of the secrets of adoption. Materials and methods. The basis of the study was the dialectical method. The study itself is based on the conceptual provisions of the doctrine of the general theory of law, criminal law, sociology, pedagogy and psychology. In the course of the study, the logical method was used to study the content of the norm providing for responsibility for disclosing the secrets of adoption. The historical and legal method is presented when considering the development of domestic legislation on responsibility for disclosing the secrecy of adoption. The statistical method was used in summarizing the materials of investigative and judicial practice in the process of analyzing the rule on disclosure of the secrecy of adoption. The traditional analysis of documents contributed to obtaining from the materials published in the media about the facts of the disclosure of the secrets of adoption, which were not given a criminal legal assessment. Results. In the course of the study, it was established that the object of the crime is public relations protected by criminal law, to which a socially dangerous act is directed and to which harm is inflicted or a real threat of harm is created. In the crime under study, the immediate object is determined by the place occupied by Art. 155 of the Criminal Code of the Russian Federation in the criminal law system. The objective side of the crime in question includes signs strictly defined by the criminal law, which are sufficient to determine the act as a crime and are necessary to distinguish it from related offenses. Conclusions. The main direct object of disclosing the secret of adoption includes public relations that ensure the interests of the family, an additional direct object is understood as public relations that directly jeopardize the interests of the adoptee himself. To divulge the secret of adoption against the will means that it was made without the will of the adoptive parent. If both spouses are adoptive parents, the will of both adoptive parents must be given. The absence of the consent of one of them indicates the inadmissibility of disclosing the secret of adoption. In this case, the disclosure of the secret of adoption does not exclude criminal liability.
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- Golubovsky Vladimir Yu.
- Doctor of Law Sciences, Professor, Leading Researcher of the Department for Improving Legal Regulation of the Penitentiary System, Federal State Institution Research Institute of the Federal Penitentiary Service of Russia, Russia, Moscow (firstname.lastname@example.org; ORCID: https://orcid.org/0000-0002-0587-2620)
Golubovsky V.Yu. Problems of doctrinial assessment of objective signs of disclosure of the secret of adoption [Electronic resource] // Oeconomia et Jus. – 2023. – №3. P. 80-88. – URL: https://oecomia-et-jus.ru/en/single/2023/3/8/. DOI: 10.47026/2499-9636-2023-3-80-88.